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101188 CC Reg AgP "' ~ . !' . ... CITY OF SHOREWOOD REGULAR COUNCIL MEETING TUESDAY, OCTOBER 11, 1988 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. AGENDA CALL TO ORDER A. Pledge of Allegiance B. Roll Call Stover Gagne Brancel Mayor Rascop Haugen ~ v o-.~ ./ J" 1. APPROVAL. OF MINUTES A. Budget Review Meeting - September 20, 1988 (Att.No.lA-Minutes) B. Regular Council Meeting - September 26, 1988 (Att.No.~B-Minutes) 2. MATTERS FROM THE FLOOR A. ,B. 3. COMMISSION REPORTS A. PlanningCommission 4. CONSENT AGENDA v) 1989 Midwest Animal ~~ (Att.NQ.4A-Staff Report~lO and Proposed Contract) \ C\I \C) B. Park Commission A. Animal. Control Contract Renewal - Services Inc. B. 1989 Budget Adoption (Att.No.4B-Staff Report) C. Payment Voucher ~ Freeman Park - Project#87-S- Widmer Bros. (Att.No.4C-Payment Voucher) D. Payment Voucher - S.E. Area Water Tower Project #86-lD (Att.No.4D-Payment Voucher) -1- COUNCIL AGENDA TUESDAY, OCTOBER 11, 1988 :PAGE 2 4. CONSENT AGENDA- Continued E. Payment Voucher - Freeman Park - Project #88-2 - T & S Excavating (Att..No.4E-Payment Voucher) F.. Payment Voucher - Street Improvements. Project #88-1 -. H.L. John.son (Att.No.4F-Payment Voucher) G. Payment Voucher -Street Improvement Project #87-2 - Munn Blacktop (Att.No.4G-Payment Voucher) H. Acceptance of PUblic Improvement - Waterford 2nd Addition (Att~~o.4H-StaffReport) ~~~~~dedCo~ .. e~( Vote. ... .... ..... .... vi~. ~ .. 5. METROPOLTAN.. WASTE COMMISSION - LIFT STATION COMPLAINT - Fred Stenborg 7:30 P.M. - Property Clean-Up Certification 7:45 P..M. - Delin.quent Sewer Service Utilities 8:00P.M. - Delinquent Water Service Utilities i \ \ \; <6 6.. PUBLIC HEARINGS: 7. SETBACKVARIANCE Applicant:. Denis... Tierney Location: 5060 Suburban--Drive (Att~No.7-Staff Report) 8. PRELIMINARY PLAT - ~OELWOOD 2nd ADDITION Applicant: JamesEmmer Location: 5570 Covington Road (Att.~o.8-Staff Report) 9. C.U.P..TO EXCEED 1000 SQUARE FEET. OF ACCESSORY SPACE Applicant: Location: John Arnott representing Robert Hegstrom 27280 Island View Road (Att.NO.9-Staff Report) -2- "'-" COUNCIL AGENDA TUESDAY, OCTOBER 11, 1988 PAGE 3 10. SETBACK VARIANCE AND VARIANCE TO EXPAND A NON CONFORMING .' STRUCTURE Applicant: AllenKramer Location: 4505 Enchanted Lane 11. HOUSE MOVING PERMIT Applicant: Leo Meloche Location: 26120 Birch Bluff Road 12. SETBACK VARIANCE Applicant: Greg Toben Location: 4960 Rustic Way 13. FINAL PLAT - STRAWBERRY FIELPS Applicant: Nanci.Strickland-Balogh Location: 5915 Strawberry Lane 14. FINAL PLAT - LAWTONKA Applicant: Joe Boyer Location: 5570/5580 Timber Lane 15. SIGN PERMIT Applicant: Marcus Corporation Location: 24365Smithtown Road (Att.No.lO-Staff Report) (Att.No.ll-StaffReport) (Att.NO.12-staffReport) (At:t.No.13-Staff Report) (Att.No.14-StaffReport) A. Attorneys Report 1. Suburban Hennepin Park District Representation (Att.No.17-A-l-Consent Agreement) 2. Boulder Bridge Lawsuit ~3- . . . COUNCIL AGENDA TUESDAY, OCTOBER 11,1988 PAGE 4 17. STAFF REPORTS - Continued B. Engineers Report 1. Shady Island Bridge Status Report 2. Amesbury Watermain Extension Report 3. S.E. Area Water Tower Update C. Plannners Report 1. Marcus Development - Kerosene Pump 2. D. Administrative Report 1. Discuss Spring Goose Roundup 2. 18. COUNCIL REPORTS A. Mayors Report 1. 2. B. Council Reports 1. 2. 19. PAYMENT OF CLAIMS AND ADJOURNMENT -4- r r ....""C..;;o.t>., , >#""..:-- .~ ....' ..... " :"~ ""~'''''f''''''''.'.' . ',' -'..... ,<.:... ';,;;.. ,~.-.......,., '",". .' : CITY OF SHOREWOOD BUDGET REVIEW MEETING SEPTEMBER 20, 1988 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. MINUTES CALL TO ORDER Mayor Rascop called the meeting of September 20, 1988 to order at 7:30 P.M. for the purpose of reviewing the proposed 1989 City budget. ROLL CALL Present: Mayor Rascop, Councilmembers Haugen, Stover, Gagne and Brancel Staff: Administrator Vogt, Planner Nielsen, Public Works Director Zdrazil, Clerk Kennelly and Finance Committee member John Bridge BUDGET REVIEW Stover questioned whether past budget amendments had all been acted upon~,~dministrator Vogt stated that the financial statement and audi~ ~been corrected except in the area of salaries. lvtvO Administrator Vogt reviewed the new tax rating referring to the tax capacity instead of assessed value. The assessed value has increased from 55,000,000 and 62,000,000 for this year. The review began with the cover letter and the budget recap of re- venues and expenses. He then reviewed each department: Mayor and Council #51- Newsletter expenses were questioned. Cable TV expenses for televising Council minutes will be check- ed out with the Cable Commission office. Professional Services #55 Assessor charges have increased and prosecution and litigation cause an increase in legal fees. Planning and Zoning #56 Planner Nielsen is spending the largest portion of his time in zoning aspects, and running that department. He is doing very little outside inspections other than zoning violation complaints. -1- /A MINUTES - BUDGET~IEW MEETING SEPTEMBER 20, 1988 PAGE 2 . Municipal Building-City Hall #57 This area covers the recycling programs. Council doesn't feel there is adequate containers at the Shopping Center for recycling. These containers should be picked up weekly and clean up the area around them. Police #58 This budget has already been reviewed and accepted by the Council. Fire Protection #59 Council questioned the $6,539.00 for the Fire Marshall and whether Shorewood was the only City contributing to the cost of his salary. Protective Building Inspection #60 , Planner Nielsen has' requested a full time building inspector. The cost of a full time person is $30,000.00 as compared to $50,000.00 for the current contracted inspector. He stated that the current building fees covers his salary, the inspector fee, assistant planners salary and generate $100,000.00 into the current revenue budget. Council did not support a full time inspector so additional $20,000.00 will have to be added to the budget for Metro West Inspectors. Planner Nielsen has already removed software and hardware and a car phone from his budget. Public Works #61 The salt shed cost has been allocated with this years addition, but a location is needed to construct the building. Council would like. to continue looking at a new public works location or moving Badger Park. City Garage Public Works #62 Public Works Director will be installing a new office area separate' of the -lunch room use '. Streets and Roadways #63 $5,000.00 has been added to patching which will reduce seal- coatings bids and insure that the base has been prepared pro- perly. They discussed the Shady Island Bridge project and would like repairs done and wait for funding sources to re- build. Snow and Ice Removal #64 Street Lighting #65 Council would like to see a cost sharing with other Cities where cost are divided between two Cities. Waste Removal #67 Additional expenses has been added for spring clean-up and property clean-up which is charged back to the property. -2- . . MINUTES - BUDGET REVIEW MEETING SPETEMBER 20, 1988 PAGE 3 Tree Maintenance #68 Removal of trees on public right-of-way and publicly owned properties. Parks an Recreation/Beaches #69 Increases have come in the area of salaries. Set Public Hearing for 1989 Budget The public hearing will be held September 26, 1988 at 8:00 P.M. The changes will be submitted at that meeting for further review. Mr. Bridge felt that this was a good realistic budget. Council thanked Administrator Vogt and department heads for the work done on this budget. Finance Department did a good job of getting the figures and documents together for this review. Council would like research done on a~ossible special census prior to the 1990 census. UNION NEGOTIATION STRATEGY DISCUSSION An executive session was held to discuss union negotiation strategy for the upcoming union agreement. ADJOURNMENT Haugen moved, seconded by Brancel to adjourn-the Budget Review Session of September 20, 1988 at 11:15 P.M. Motion carried - 5 ayes. RESPECTFULLY.S UBMI TTED ,. Robert Rascop, Mayor Sandra L. Kennelly City Clerk -3- ,_L J . . CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, SEPTEMBER 26, 1988 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. MINUTES CALL TO ORDER The Regular Council meeting of the Shorewood City Council was called to order at 7:30 P.M., Monday, September 26, 1988, in the Council Chambers by Mayor Rascop. PLEDGE OF ALLEGIANCE AND PRAYER Mayor Rascop opened the Regular Council meeting with the Pledge of Allegiance and a prayer. Gagne moved, seconded by Brancel to amend the agenda to move item number Il-D-l Status Report of Finance Director Search to after Matters from the Floor also to add a discussion on Metro Waste Control Lift Station construction after the Finance Director report. Motion carried - 5 ayes. ROLL CALL Present: Mayor Rascop, Councilmembers Brancel, Haugen, Stover and Gagne. Staff: Attorney Froberg, Engineer Norton, Administrator Vogt, Planner Nielsen, Clerk Kennelly, Public Works Dir. Zdrazil APPROVAL OF MINUTES Haugen moved, Gagne seconded, to approve the minutes of September 12, 1988, as amended on page 2. Motion.carried - 5 ayes. FINANCE DIRECTOR SEARCH STATUS Jim Brimeyer has had interviews with the Council, staff, John Bridge, and auditor Maiser, he has made calls, sent letters and placed advertisements in order to generate interest in the position. He submitted a short overview of five of the applications received. He will continue to consider new applicants and further check references. He asked to have a time scheduled for interviews. Stover moved, seconded by Haugen to set October 12th at 7:00 P.M. to interview five applicants. Motion carried - 5 ayes. COMPLAINT ON METRO WASTE CONTROLLIFTSTATIQN- LAKE VIRGINIA Mr. Keith B~hmann of Bonestro Engineering was present to represent the Metro Waste Control regarding a complaint on the construction of the Lake Virginia Lift Station. The Council expressed their concerns -1- /y . . MINUTES - MONDAY, SEPTEMBER 26, 1988 ~GE2 COMPLAINT ON METRO WASTE CONTROL LIFT STATION - LAKE VIRGINIA that the building permit issued to the Waste Commission was misrepre- sented to the City, it appears that the permit to add to the exist- ing structure has now been demolished and reconstructed. Mr. Bachman reviewed the work done thus far and the proposed work to be com- pleted. He also explained that the above ground work would appear to be a complete replacement but a lot of the existing structure is below ground level. Mr. Fred Stenborg was the man presenting and reviewing the original permission and he was not able to attend this meeting. A complaint was also addressed regarding an open pipe with waste flowing through. The Council questioned the safety and the sanitation issue. The pipe has now been covered with plastic but remains a concern to be further addressed. Dan Bassen an adjacent home owner feels that they have been misled about the building and questioned what other misrepresentations could exist. The installa- tion of pumps that were represented to make less or no more noise than the existing pumps now are a concern. Mr. Bachman stated that six new pumps were to be installed to increase capacity. The noise issue was a stipulation of the C.U.P. and will have to be complied with. A noise test was taken on the old facility and a new test will be taken on the completion of this station. Mr. Bachman felt the enclosure will be completed this fall which is a year later than what was originally presented. The fence and landscaping were discussed. Mr. Bassen would like the working hours ~imited. They begin as early as 4:00 am causing problems with the sleep of neighbors and their small children. Administrator Vogt stated that a 7:00am-5:30pm has been required at other work sites. Council directed that Fred Steinburg and Metro Council Representative JoEllenHurmttend a Council meeting to address this issue. CONSENT AGENDA Water Tower Color Change Order No.2 A Change Order in the amount of $4,631.00 for the color change made on the S.E. Area Water Tower. 1988 Recycling Agreement Resolution No. 102-88 A resolution was submitted for approval of the Solid Waste Management Agreement with Rennepin. County and the City of Shorewood for the calender year 1988. Purchase of Bauer Lawn Sprinkler Council approved the Park Commissions recommendation to approve the purchase of a Bauer lawn sprinkler at $3,300.00 to be paid from the Park Capital Improvement Fund. -2- . . MINUTES - MONDAY, SEPTEMBER 26, 1988 PAGE 3 CONSENT AGENDA - Continued Acceptance of Streets and Utilities - 4th Addition Resolution No. 103-88 Engineer Norton recommended acceptance of the street and utilities within the Westwood 4th addition plat which in- cludes Star Lane. Gagne moved, seconded by Brancel to approve the items on the consent agenda including two resolutions. Motion carried - 5 ayes by Roll Call Vote. SWEETWATER AT NEAR MOUNTAIN 3rd ADDITION FINAL PLAT RESOLUTION NO. 104-88 Planner Nielsen explained that his original report referenced an incorrect plat. The new plat was submitted and a new cover letter sent responding to the Outlot A of wetlands being deeded to the CIty, he also reviewed changes within the development contract. Gagne moved, seconded by Brancel to approve the final plat of Sweetwater at Near Mountain. Motion carried - 5 ayes by Roll Call Vote. Mr. Pflaum asked for an extension of the construction hours to com- plete installation of the underground utilities this fall. Engineer Norton stated that Lundgren will have their own inspector on site but OSM will have to be present for testing on Saturdays at time and one half. The Council does not support working on Sundays and they would like the request in writing stating the stipulation of their request. TRAPPING COMMITTEE RECOMMENDATIONS Jane Kline read a letter written by-Tom Moll representing the Lake Virginia Homeowners Association. They do not support the use of chemical treatment to retard the beavers but would like to legally "live trap" and transport the beavers next year if they continue to be a problem. Ms. Kline offered any assistance they may need and also stated that Jeff Wilde , a wild life biologist, will help to relocate the beavers. PUBLIC HEARING 1989 City Budget Hearing Mayor Rascop opened the 1989 City budget hearing at 8:25 p.m. to receive public comment. Administrator Vogt sutmitted a new cover letter and revised budget sheets generated at the budget study session. Mayor Rascop closed the public portion of the meeting at 8:27 p.m. after asking for public comment and receiving none. Stover moved to recommend a change from a contracted building inspec- tor to a full time inspector, seconded by Gagne stating that this -3- . MINUTES - MONDAY, SEPTEMBER 26, 1988 PAGE 4 . PUBLIC HEARING 1989 City Budget Hearing - Continued would be to the best service for the public. Motion carried - 5 ayes. Council discussed the cost of operators for the cable monitoring of Council meetings. A filing cabinet was missed for the park and recreation area for $200. Administrator Vogt will return the amended budget for final approval at the next Council meeting. Council Break: (8:40 P.M. to 8:45 P.M.) COUNCIL DISCUSSION OF STREET, UTILITIES AND PRV COMPLAINTS Haugen questioned who was responsible for the removal of sealcoating around the manhole covers, lumps are being left on the road that are adhering to 'the road surface. Public Works Director Zdrazil stated that the contractor is responsible to remove the sealcoating. Haugen asked if there was a way to notify residents prior to flushing lines. Complaints of rust causing damage to clothing after the lines have been flushed. _he asked if a regular schedule for flushing could be set and notification could be done by newsletter. The question of the need for PRV was addressed. Some residents were told by their plumbers that PRV's are 'not needed. Engineer Norton is looking at October 7th to start up on the water tower and does not want to switch the water system over until everyone who needs a PRV has it installed. Notices were sent by certified mail to the homes needing the valve. Council would like to see an article put in the local newspapers reminding the residents of the final date to install the PRV. Attorney Froberg 'felt that a signed release from the homeowners who do not want to install the PRV would eliminate any responsibility to the City. Administrator Vogt will send notices again to those residents that are not hooked up at this time. STATE HIGHWAY 7/COUNTY ROAD 19 LAYOUT APPROVAL RESOLUTION NO. 105-88 A final layout plan for the improvements to Highway 7 around the County Road 19 intersection was submitted for approval. The bids will be let on the project the fall of 1990 with spring of 1991 to begin construction. Gagne moved, seconded by Haugen to accept the plan. Motion carried - 4 ayes - 1 nay (Stover) -4- . . MINUTES - MONDAY, SEPTEMBER 26, 1988 PAGE 5 COMPARABLE WORTH RESOLUTION NO. 106-88 Administrator Vogt submitted a Comparable Worth study completed by Labor Relations. He reviewed the point system and some of the positions in the study. He recommended that the study be approved without any changes. He did feel that staff will be appealing some of the ratings when an appeal process is developed. The deadline to submit is October 1 without penalty. Administrator Vogt stated that $20,000.00 will cover the raises forall peopl~ b~ing .rated higher oyer ,the next three years of implementation. Council was not in favor of this study and felt that this has taken City government out of the market place. Gagne moved, seconded by Brancel to approve the report and adopt the plan. Motion carried - 3 ayes to 2 nays (Haugen and Rascop) Haugen moved, seconded by Rascop to send a letter with the plan) objection~o the tying of the Citys hands, feeling it is unfair and questioning the constitutionality. Motion carried - 5 ayes. STAFF REPORTS Attorneys Report Suburban Hennepin Park District Status A hearing was held and the Judge took the matter of the "garbage bill" being unconstitutional under advisement. A negotiation session is set for September 28, 1988. Amesbury West Association Prosecution Criminal complaint was filed this week against Amesbury West Associations mailboxes and law~ mowing. Set Hearing to Accept Delinquent Utilities and Clean Up Certification Resolution No.l07-88 Haugen moved, seconded by Brancel to set a public hearing for October 11, 1988 at 7:30 P.M. to adopt the delinquent utilities and property clean up rolls for certifications. Motion carried - 5 ayes by Roll Call Vote. Authorize the Acquisition by Eminent Domain of Right-of-Way to Widen Wedgewood Drive Resolution No. 108-88 Gagne moved, seconded by Brancel to adopt the resolution as sub- mitted. Motion carried - 5 ayes by Roll Call Vote. -5- . MINUTES - MONDAY, SEPTEMBER 26, 1988 PAGE 6 . STAFF REPORTS - Continued Engineers Report Shady Island Bridge Status Engineer Norton has made applications to the various agencies to install a temporary road around the Shady Island Bridge based on an emergency status. Funding .sources are being investigated. Gagne questioned the possibility of patching the bridge and wait for funding for further repair or replacement. Engineer Norton could get no guarantees from the County to increase the weight restrictions. Administrator Vogt spoke to Chuck Weichselbaum regarding being placed on the list for County funding sources. He explained a rating system to determine need. Administrator Vogt also referred to estimated funds that could become available after a census would prove over the 5000 population figure. Gagne moved, seconded by Haugen to proceed with needed permits for the temporary road and to obtain additional information and direction as to what procedure should be followed. Motion carried - 5 ayes. Planners Report Marcus Development Request Planning Official Nielsen has received a request to install a kerosene pump not previously requested with their C.U.P. Nielsen suggested a location out of the traffic flow pattern. Council directed to have them request a change in their C.U.P. Administrative Report. Petition for Stop Signs - Vine Hill Road A petition was received from residents in Minnetonka and Shorewood for stop signs to be placed on Vine Hill Road at Hanus Road to control traffic and increase safety for pedestrians. Administrator Vogt stated that a speed zone analysis has been done for this area. Haugen moved, seconded by Stover to accept the petition and table action for a staff report and receipt of the speed study from Minnetonka. Motion carried - 5 ayes. -6- Ii 1 T .. MINUTES - MONDA~SEPTEMBER 26, 1988 PAGE 7 . STAFF REPORTS Administrative Report - Continued Freeman Park Sign on Highway 7 A request for an additional sign on Highway 7 for the entrance at Freeman Park was made at an estimated cost of $195.75. Brancel moved, seconded by Haugen to authorize the purchase of an additional sign at Freeman Park for added traffic safety. Motion carried - 5 ayes. COUNCIL REPORTS Reappointment of Rascop to LMCD Haugen moved, seconded by Stover to reappoint Robert Rascop to a three year term as Shorewood's representative to the LMCD. Motion carried - 4 ayes - I abstaining (Rascop) Metro Waste Control Commission Mayor Rascop reviewed a report from the Metro Waste Commission regarding the sewer charges to be paid by Shorewood in 1989. We will be receiving a credit of over-payment for 1987 of $19,078.00 in 1989. The flow has reduced 7.8% but they will be charging a higher rates due to less water being processed due to the lack of rain. Administrator Vogt contacted Munitech to obtain information on infiltration since the work has been done by Visu-Sewer. The 3rd quarter report was 87' - 5,941,350 gallons, 88' - 2,537,910gallons, this rate represents a 57% decrease in flow. This information will be forwarded to the Metro Waste in an effort to get the flow charge reduced and allow for additional connections. Metropolitan Municipalities - Request The AMM is fighting the tax bill that was passed as another part of a "garbage bill" and is asking for contributions in their suit. Mayor Rascop moved, seconded by Gagne to contribute $100.00 and ~n- form them of the suit we have entered into with Minnetrista question- ing the constitutionality of the "garbage bill". Christmas Lake Road Cul-de-Sac A letter was received from Betty Christensen of Brand Circle asking for the reopening of Christmas Lake Road as a through street. Council directed the Attorney to respond to her letter. -7- .. '- ,- . MINUTES - MONDAY, SEPTEMBER 26, 1988 PAGE 8 . COUNCIL REPORTS - Continued Sign Complaint Attorney Froberg was directed to contact Harry Niemala to remove an illegal sign at his Vine Hill Furniture building. Parking Complaint Haugen directed the police to patrol the water tower site for park- ing and littering. Si1verwood Park Neighbors of the proposed park are not in favor of the Park Commission plans for that park. They would like improvements delayed for further input. APPROVAL OF CLAIMS AND ADJOURNMENT Haugen moved, seconded by Gagne to adjourn the regular Council meeting of Monday, September 26, 1988 at 10:22 P.M. subject to approval of claims for payment. Motion carried unanimously - 5 ayes. RESPECTFULLY SUBMITTED, Robert Rascop, Mayor Sandra L. Kennelly City Clerk -8- r r_ - .-,' CHECK NO. 053787 (G) 053788 (G&:L) 053789 (G) 053790 (L) 053791 (L) 053792 (L) 053793 (L) 053794 (L) 053795 (L) 053796 (L) 053797 (L) 053798 (L) 053799 (L) 053800 (L) 053801 (L) 053802 (L) 053803 (G) 053804 (G) 053805 (G) 053806 (G) 053807 (G) 053808 (G) 053809 (G) 053810 (G) 053811 (G) 053812 (G) 053813 (G) 053814 (G) 053815 (G) 053816 (G) 053817 (G) 053818 (G) 053819 (G) 053820 (G) 053821 (G) 053822 (G) 053823 (G) 053824 (G) 053825 (G) 053826 (G) . . GENERAL & LIQUOR FUNDS--BILLS PAID SINCE SEPTEMBER 21, 1988 TO WHOM PAID Metro West Inspection Serv Physicians Health Plan Jean Sorensen AT & T Griggs, Cooper &: Company Johnson Bros. Liquor Co. Harry Niemela Northern States Power Ed Phillips & Sons Co. Pogreba Distributing, Inc. Quality Wine &: Spirits Service Sales Corporation U S West Communications Bellboy Corporation Johnson Bros. Liquor Co. Ryan Properties, Inc. Williams Mechanical AT & T Alternative Staffing, Inc. Associated Asphalt, Inc. Arts-Way Manufacturing Business Records Corp. C.H.Carpenter Lumber City of Mound Crepeau Docks Dem-Con Landfill, Inc. Rolf E. A. Erickson Feed-Rite Controls, Inc. Hennepin County Treasurer Hennepin Coop Seed Exchg. Ken Jarcho Ins. Agency KAR Products Louisville Landfill, Inc. Long Lake Ford Tractor Mann Made Products Metropolitan Waste Control Midwest Animal Services Midwest Asphalt Corp. Minnegasco MN Suburban Newspapers PURPOSE Inspections for August $ October Employees Health Insurance Mileage Utilities Liquor & Wine Purchases LIquor & Wine Purchases October Rent Utilities Wine Purchases Beer Purchases Wine Purchases Misc. Purchases Utilities & Advertising Liquor Purchases Wine Purchases October Rent Refund PRV Bldg. Permit-Already Paid Utilities Temporary Help-Finance Redi Mix Asphalt-Streets Parts-Public Works Election Supplies Lumber, Paint, Etc.-Public Works Fire Contract October 1988 Rent Post Pu1ler-Cr~scent Beach Dumping Fee-Badger Park September Assessing Fee Demurrage Charge Mail Postal Verifications Grass Seed-Parks Public Employees & Depositors Forgery Bond Parts-Public Works Dumping Fee-Brush Parts-Public Works Repair Trailer Hitch-Public Works October Sewer Service Charge August Animal Control Limestone, Tack Oil-Streets 941.87 Rip Rap-Manor Park 38.89 Utilities Advertising-General - 1 - AMOUNT 4,760.00 2,763.99 12.32 17.66 3,363.55 243.61 970.00 278.43 127.22 1,289.15 751.57 62.50 142.51 1,854.33 365.35 1,922.58 20.50 22.73 509.85 1,819.60 46.80 24.37 68.40 1,012.82 10.00 10.00 2,054.00 20.00 12.90 270.00 673.00 190.53 60.00 17.26 584.56 24,659.55 528.50 980.67 28.40 47.71 r . CHECK NO. . . GENERAL &: LIQUOR FUNDS--BILLS PAID SINCE SEPTEMBER 21, 1988 TO WHOM PAID PURPOSE AMOUNT 053827 (G) 053828 (G) 053829 (G) 053830 (G) 053831 (G) 053832 (G) 053833 (G) 053834 (G) 053835 (G) 053836 (G) 053837 (G) 053838 (G) 053839 (G) 053840 (G) 053841 (G) 053842 (G&L) 053843 (G) 053844 (G) 053845 (G) OS3846 (G) 053847 (G&L) 053848 (G&L) 053849 (G&L) 053850 (G) 053851 (G) 053852 (G) 053853 (G) 053854 053855 (G) 053856 (G) 053857 (G) 053858 (L) 053859 (L) 053860 (L) 053861 (L) 053862 (L) 053863 (L) 053864 (L) Navarre Hardware Pepsi Cola Bottling Group Northern States Power Northern States Power Plant & Flanged Equipment Shorewood Tree Service South Lake Minnetonka Public Safety U S West Communications Viking Steel Products Village of Tonka Bay Waste Management-Savage Water Products Company Zack's Industrial Cleaning Supplies ACRO-Minnesota, Inc. H.C. Mayer & Sons, Inc. Matthias, Roebke &: Ebert Commissioner of Transporation City County Credit Union Child Support Enforcement ICMA Retirment Corp. Commissioner of Revenue The Bank Excelsior Public Employees Retire Prudential Tom Rocheford Boyer Ford Trucks Andreasen Plumbing Co. Void Deputy Registrar #59 Plymouth Plumbing ICMA Bellboy Corporation Cash Register Sales, Inc. Griggs, Cooper &: Company Johnson Bros. Liquor Co. Minnegasco Minnesota Bar Supply Northern States Power Misc. Parts $ Pop Machine Rent-City Hall Utilities-City Wide Utilities-Streets Air Relief Va1ve-S.E.Area Pumphouse Tree Trimming October 1988 Budget Utilities Culverts-Streets Lift #2 Expense:NSP 153.59 Cleanup Crescent Beach 4.00 Waste Removal September Water Meters, Horns, Etc. Supplies Supplies-Public Works Supplies~General 291.54 Supplies-Finance 9.75 Gas/Diesel Fuel-Public Works June Services RE: April Accounting,etc. Freeman Park Entrance Signs Payroll 9/28/88-Credit Union Payroll 9/28/88-Chi1d Support Payroll 9/28/88-ICMA Payroll 9/28/88-State Withholding Payroll 9/28/88-Fed & FICA Payroll 9/28/88-PERA October Additional Life Insurance Reimbursement--Return of 3/4" PRV Purchase Dump Truck Reimbursement--Overcharge PRV Permit License-New Dump Truck Reimbursement PRV-Already Paid For Planning Book-Planning &: Zoning Liquor Purchases Service Call Liquor & Wine Purchases Liquor & Wine Purchases Utilities Cigarette Purchases Utilities - 2 - 297.18 lO.OO 474.03 l,376.10 474.00 1,525.00 27,874.84 521.55 430.23 l57.59 81. 00 3,745.43 12.94 301. 29 816.11 395.00 195.75 112.00 145.00 275.00 747.61 4,014.68 l,252.90 5.20 30.00 49,818.00 20.50 3,008.83 50.50 42.70 4,416.40 93.90 4,245.66 2,760.78 129.00 227.50 368.46 CHECK NO. . . GENERAL & LIQUOR FUNDS--BILLS PAID SINCE SEPTEMBER 21, 1988 TO WHOM PAID PURPOSE AMOUNT $ 253.22 864.90 1,002.61 700.65 ~ 053865 (L) 053866 (L) 053867 (L) 053868 (G) 053869 (G) 053870 (G) 053871 (G) National Guardian Security Ed Phillips & Sons Co. Quality Wine & Spirits MedCenters Health Plan Daniel J. Vogt Metropolitan Area Management Association Petty Cash Alarm System Liquor & Wine Purchases Wine Purchases October Health Coverage Mileage MAMA Luncheon Milea~ &~upplies .....=- ^ "" ..------.--.------..- Total Liquor Total General TOTAL - 3- 15.14 27,271.93 138,702.05 165,973.98 CHECK NO. PAYROLL 202414 202415 (G) 202416 (G) 202417 (G) 202418 (G) 202419 (G) 202420 (G) 202421 (G) 202422 (G) 202423 (G) 202424 (G) 202425 (G) 202426 (G) 202427 (G) 202428 (G) 202429 (G) 202430 (L) 202431 (L) 202432 (L) 202433 (L) 202434 (L) 202435 (L) 202436 (L) 202437 (L) 202438 (L) 202439 (L) 202440 (L) 202441 (L) 202442 (L) . . GENERAL & LIQUOR FUNDS--BILLS PAID SINCE SEPTEMBER 21, 1988 TO WHOM PAID PURPOSE AMOUNT Void Daniel J. Vogt Sandra L. Kennelly Susan A. Niccum Anne P. Latter Jean M. Sorensen Bradley J. Nielsen Patricia R. Helgesen Bradley J. Nielsen Charles S. Davis Dennis D. Johnson Daniel J. Randall Howard V. Stark Ralph A. Wehle Donald E. Zdrazil Joseph P. Lugowski Russell R. Marron Christophe Schmid John F. Thompson Brian D. Jakel Martey W. Jakel John F. Josephson William F. Josephson Susan M. Latterner Dean H. Young Scott B. Bennyhoff Scott M. Bartlett James A. Shelledy William F. Rhodes 80 Reg Hrs 80 Reg Hrs 80 Reg Hrs 80 Reg Hrs 80 Reg Hrs 80 Reg Hrs 80 Reg Hrs Motor Vehicle 82 Reg Hrs 2 On Call 80 Reg Hrs 80 Reg Hrs 80 Reg Hrs 80 Reg Hrs 80 Reg Hrs 82 Reg Hrs 2 On Call 80 Reg Hrs 80 Reg Hrs 16 Reg Hrs 29.50 Reg Hrs 36 Reg Hrs 14 Reg Hrs 80 Reg Hrs 36 Reg Hrs 80 Reg Hrs 36 Reg Hrs 40 Reg Hrs 3 Reg Hrs 43 Reg Hrs Total Liquor Total General TOTAL Total Liquor Total General TOTAL - 4 - $ 1,078.88 744.59 483.30 366.94 547.45 862.30 640.07 124.63 432.26 645.02 661. 36 558.42 525.47 856.03 645.21 522.05 322.66 78.80 139.50 165.61 66.80 569.92 154.37 524.15 174.28 181.68 14.78 193.73 3,108.33 9,171.93 12,280.26 30,380.26 147,873.98 178,254.24 y- :.) ..> MEMO TO: FROM: DATE: SUBJECT: . . MAYOR Robert Rascop COUNCI L Jan Haugen Kristi Stover Robert Gagne Barb Brancel ADMINISTRATOR Daniel J. Vogt CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236 Mayor and Councilmembers Dan vnstJX!f October 3, 1988 Request for Contract Renewal - Midwest Animal Services, Inc. Attached you will find a ~etter and proposed 1989 contract for Animal Control Services, Inc. The language in the contract is the same as the current contract. The rate per hour has gone up .8%. All other rates have stayed the same with the exception of the boarding fee. This rate went up 10% to reflect their increased costs. Midwest has done a good job for the City as our Animal Control Service. Therefore, renewal of the contract is recommended. This action would be in the form of a Council Resolution. This item appears on the Consent Agenda of your October 11 meeting for your consideration. Let me know if you have any questions prior to the meeting. DJV/al cc: Rich Stenberg Glenn Froberg Attachment A Residential Community on Lake Minnetonka's South Shore 4A ." MIDWES' . SEP , 923 ANIMAL SERVICES, INC. 810 N. ULAC DR. SUITE 204 GOLDEN VALLEY, MN 55422 (612) 521.5026 Dan Voght City of Shorewood 5755 Country Club Rd. Shorewood, MN 55331 September 16,1988 Dear Dan, The current anifual control contract between Midwest Animal Services and your city will expire on December 31, 1988. Therefore, I am enclosing a proposed new contract to provide animal control services through December 31, 1989. Provisions of the new contract are substantially the same as those of the present contract, however there are a few changes. Patrol, and Boarding charges have increased somewhat to reflect our increased costs. Midwest Animal Services has enjoyed an excellent relationship with your community. This relationship is certainly a factor in our ability to provide you with a successful animal control program. I look forward to working with you in the future and invite any questions or comments you may have on the proposed contract. Animal Services . , . . ======================= ANIMAL CONTROL CONTRACT ======================= This agreement made this day of by.. and betweeen Midwest Animal Services, a Minnesota Corporation, hereinafter referred to as "MIDWEST"; and the City of Shorewood, a Municipal Corporation located in the County of Hennepin, and the State of Minnesota, hereinafter referred to as "CITY", witnesseth: In consideration of the covenants and agreements hereinafter set forth, it is mutually agreed by and between the parties hereto as follows: 1. This agreement shall be effective as of January 1st, 1989 and shall continue in effect until December 31st, 1989 unless cancelled pursuant to Paragraph 15. 2. MIDWEST agrees to patrol the public streets of the CITY in a vehicle especially designed for the transportation of small animals, in - accordance with a schedule agreed upon by both parties. The vehicle shall have proper identification displayed on two sides including the words "Midwest Animal Services". MIDWEST further agrees to insure, service and maintain said equipment. 3. MIDWEST agrees that patrolling shall be done by competent personnel trained in the handling of animals, and that such employees shall be approved by the CITY. Said employees shall perform their duties only while in proper uniform and shall wear identification to indicate employee's name, title, and place of employment. 4. The CITY shall authorize MIDWEST to apprehend and retain dogs, cats and other animals, and/or issue citation tags for violations of the CITY Ordinances. However, MIDWEST will not invade private property contrary to the wishes of the owner of said property nor forcibly take an animal from any person without the approval and assistance of a peace officer of the CITY. 5. In addition to the regular hours of patrolling referred to, MIDWEST agrees to maintain one (1) vehicle for standby service to attend to cases outside regular patrol hours at the specific request of the CITY's Police Department. MIDWEST shall respond immediately to any call involving a bite case or injured animal reported through the Police Department or City official. 6. MIDWEST represents and agrees that all animals impounded shall be kept at the Chanhassen Veterinary Hospital, 440 West 79th Street, Chanhassen, Minnesota 55317. MIDWEST agrees and warrants that all animals impounded shall be kept in a comfortable and humane manner for a period required by the CITY Ordinance. MIDWEST agrees that the facilities shall be open and available to reclaim animals from 8a.m. to 5:30p.m. Monday thru Friday and 8am to 12pm on Saturdays. It is mutually agreed that MIDWEST may temporarily board at an emergency facility if access and/or treatment is not immediately available at the contract facility. If an animal is picked up with an official ID tag, Midwest will make every reasonable effort possible to contact the owner. . ir'., . t . . Animal Control Contract, Page 2 of 3 7. At the time that an animal impounded under this contract is reclaimed, MIDWEST or its agent shall collect the impounding fee and boarding charges as provided by CITY Ordinance. MIDWEST shall furnish monthly reports to the CITY as required as to the service or services rendered in connection with each animal impounded. All impounding fees, license fees and/or any other penalty fees collected by MIDWEST or its agent shall be remitted to the CITY. 8. When an animal is impounded and boarded by order of the CITY Health Officer or placed under quarantine by ruling of the State Board of Health, said animal shall be boarded as required by said order or ruling. At the end of such period, the CITY releases all of its interests, rights and control over said animals which may then be disposed of at the discretion of MIDWEST. In the event that any dogs, cats, or other impounded animals are unclaimed after five (5) regular business days from the date on which they were taken into custody, said animals may be offered for sale to private individuals or disposed of by euthanasia, or in accordance with M.S. Section 35.71, Subd. 3. All proceeds from the disposition of such animals may be retained by MIDWEST, including any proceeds received from any animals disposed of in accordance with M.S. Section 35.71, Subd. 3. 9. The CITY shall furnish to MIDWEST any special forms or receipts specified in the Ordinance and MIDWEST shall keep records of all animals impounded together with a description of the same. 10. MIDWEST shall assume liability for all harm to animals due to its negligence or that of its employees in not properly caring for the same, and agrees to defend any lawsuits arising therefrom. MIDWEST shall defend, indemnify and hold the CITY harmless including its officers, employees, or agents from any and all claims, suits, losses, damages, or expenses on account of bodily injuries, sickness, disease, death and property damage including injury to animals as the result of, or alleged to be the result of MIDWEST's animal control operation. Upon request, MIDWEST shall provide the CITY proof of public liability insurance, including comprehensive automobile liability, in an amount of at least $200,000 per each claimant and $500,000 per occurrence. 11. The CITY agrees to pay MIDWEST for services in the performance of this contract as follows: A) Price per hour - per vehicle for scheduled patrol based on actual time in service for the CITY..................$19.70 B) Price per call - per vehicle for unscheduled service during regular working hours of 7 a.m. to 5 p.m. weekdays.....$22.80 C) Price per call - per vehicle for service during other than scheduled or regular working hours.......................$34.20 D) Price per animal - for each DAY or fraction thereof for boarding any species of animals impounded by direction of CITY officials or local ordinance...........................$8.25 .,~' . ~. J t . . Animal Control Contract, Page 3 of 3 E) Price per animal - for euthanasia and disposal of anima1s........$15.00 F) It is agreed that if the designated boarding facility or euthanasia/ disposal service becomes unavailable, CITY shall pay MIDWEST its at cost fees for boarding and/or euthanasia/disposal at a mutually agreed upon facility. 12. CITY shall pay a fixed veterinary bill in the amount of $20.00 per animal for unclaimed animals requiring veterinary attention. Owners claiming their animals shall be charged the veterinary bill in its entirety. 13. All payments shall be made by the CITY upon receipt of monthly statements by MIDWEST. 14. MIDWEST agrees that during the period of this contract it will not, within the State of Minnesota, discriminate against any employee or applicant for employment because of race, color, creed, sex, national origin, or ancestry and will include a similar provision in all subcontracts entered into for the performance hereof. This paragraph is inserted in the contract to comply with the provisions of Minnesota Statutes 181.59. 15. Either party hereto may cancel this contract after thirty (30) days written notice thereof to the other party. c~-?~r IN THE PRESENCE OF: IN THE PRESENCE OF: City of Shorewood BY . MEMO TO: FROM: SUBJECT: DATE: . . CITY OF SHOREWOOD MAYOR Robert Rascop COUNCIL Jan Haugen Kristi Stover Robert Gagne Barb Brancel ADMINISTRATOR Daniel J. Vogt 5755 COUNTRY CLUB ROAD . SHOREWOOD. MINNESOTA 55331 · (612) 474-3236 Mayor and Councilmembers Dan Vogt JJti 1989 Budget October 3, 1988 As a result of the budget work session held on September 20, 1988 and the public hearing held on September 26, 1988, all changes that were proposed to the draft 1989 budget documents have been made. A final 1989 budget document should now be in your possession. I have attached the cover letter and budget recap sheets to this memo for your information. As is shown, the total 1989 budget increases by 3.4% with just a .56% increase to the 1989 taxes levied over 1988. This should result in an overall tax rate decrease for the Shorewood share of the tax rate. Whether total taxes will go down depends upon the rates set by the School District and County. In 1988, the levy breakdown was as follows: School District County City Miscellaneous Taxing Districts 51% 26% 18% 5%', 100% I have also attached the Resolution which needs to be adopted which certifies the levy to Hennepin County. This item appears on the consent agenda of your October 11, 1988 meeting for your deliberation. Please contact me if you have any questions. DJV/al A Residential Community on Lake Minnetonka's South Shore 4L5 " - September, '1988 . . MAYOR Robert Rl$cop COUNCI L Jan Haugen Kristi Stover Robert Gagne Barb Brancel ADMINISTRATOR Daniel J. Vogt CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD. MINNESOTA 55331 · (612) 474-3236 Honorable Mayor and City Council Residents of Shorewood: The 1989 budget is hereby presented to you for your review, comment and subsequent approval. Upon adoption, the budget document serves as the guide to the City for the delivery of services to the public. It is al- ways the intent of those involved with the City to provide services to the citizens of Shorewood in the most efficient and economical manner possible. The 1989 budget has been prepared by reviewing revenue and expenditure levels over the past years plus budgetary amounts calculated over the first six months of 1988. Also taken into consideration are the desires of the City Council which have been expressed over the past year. Finally, review of items which may have long-term or immediate effects on the budget are taken into account. <. It must be stressed that the budget document serves as a financial planning guide which makes an attempt to fairly and accurately estimate actual reve- nue and expenditure levels for the upcoming year. Over the course of the year, circumstances may arise which require budgetary adjustment or amend- ment. This is handled by Council action. Per City Council direction, each year staff attempts to provide those services to the City's constitu- ency that need to be provided. This includes items which are anticipated as well as those items that are unanticipated. Those unanticipated items sometimes necessitate adjustments to the budget. The actual budget sheets have short explanations of the proposed line item amount next to the line item. The total effects of the recently adopted tax law remain unclear. As you may be aware, mill rate is no longer used. A "tax capacity percentage" or "rate" is now used. Assessed valuation to calculate the tax rate is also no longer used. A "tax capacity" is now used which is roughly 12% of the old assessed valuation. The exact tax rate for the Shorewood share of the total tax bill to property owners is projected to drop due to the vast in- crease in valuation generated by new home construction over the past few years. I will roughly calculate a tax rate using the old mill rate calcula- tion as well as the new tax rate calculation at the budget adoption meetings. A Residential Community on Lake Minnetonka's South Shore i;;l . . Honorable Mayor and City Council Residents of Shorewood September, 1988 Page 2 Since amendments to the new tax laws are likely during the next session, a more detailed discussion of the law will not be made time. I do have additional definitions of the new terminology. to review these, please contact me. legis lative at this I f you wish Revenues For taxes payable in 1989, Cities over a population of 2,500 will be subject to a four percent (4%) levy limit. The levy limit for payable 1990 will be just three percent (3%). The proposed increase in taxes levied City-wide amounts to fifty-six one hundredths of one percent (.56%) while the estimated increase in non tax revenues increased by eleven percent (ll%). The major increases in non tax revenues comes in the areas of building fees and permits, recycling aid, fines and forfeits and interest earnings. As stated above, the City share of the tax rate is estimated to drop slightly in 1989. Expenditures The working capital fund contains approximately $700,000. A specific amount was not budgeted in 1989 to add to this reserve. The $30,000.00 amount shown in the budget is set aside for undetermined salary and fringe benefit expenses during 1989. The information following this letter provides a comparison of 1988 versus 1989 budgetary aDlountS plus a budget recap for 1989. Thank you forntheopportunity to present.the 1989 budget for your consideration. Sincerely, CITY OF SHOREWOOD ~~jtf Dan~l J. .Z~: City Administrator DJV/al I ... . .1t; . . CITY OF SHOREWOOD 1989 BUDGET RECAP 1989 Estimated General Operating Fund Revenues: Taxes Municipal General Revenues Total General Operating Fund Revenues $1,300,881 529,560 $1;830,441 1989 Estimated General Operating Fund Expenses: $1,812,516 Total General Operating Fund Expense * 17,925 $1,830,441 Balance *This Balance represents items which are outside the General operations of the City. These items are being funded with tax dollars. Balance: 1.) Water Bond Debt Total $ $ 17 ,925 17 ,925 ( Following is a comparison of budgeted revenue and expense for 1988/89: Revenue Increase (decrease) 1989 for 1989 $1,300,881 $ 7,192 .56% ;29,560 52,703 ll% $1,830,441 $ 59,895 3.4% 1988 Total Taxed Total Est. General Total Revenue $1,293,689 Rev 476,857 $1,770,546 Expense General Operating Fund Water Fund Deficit Total Expense $1,751,046 19,500 $1,770,546 $1,812,516 17 ,925 $1,830,441 $ 61,470 (1,575) 59,895 3.5% (.8%) 3.4% $ -3- ~... . .. . . RESOLUTION NO. A RESOLUTION ADOPTING THE 1989 GENERAL FUND BUDGET .AND APPROVING THE 1988 TAX LEVY COLLECTIBLE IN 1989 WHEREAS, the 1989 General Fund Budget for the City of Shorewood was submitted and made available for Public review at City Hall on September 21, 1988; and WHEREAS, a Public Hearing, upon notice duly given, was held on September 26, 1988, for the purpose of receiving comments from the Public regarding the adoption of such budget. NOW, THEREFORE, BE iT RESOLVED by the City Council of the City of Shorewood as follows: 1. That the 1989 General Fund Budget is hereby accepted as submitted and that the following sum of money be levied for 1988, collectible in 1989, upon taxable property in the said City of Shorewood, for the following purpose: General Fund for general City purposes $1,300,881. 00 2. That the City Clerk is hereby instructed to transmit a certified copy of this Resolution to the County Auditor of Hennepin County, Minnesota. ADOPTED BY THE CITY COUNCIL of the City of Shorewood this October, 1988. day of Robert Rascop, Mayor ATTEST: Sandra L. Kennelly, City Clerk .....--,,-- .. . . ~ QS\l=.., .t:.r (.1 ,:;.,....<:.1 2021 East Hennepin Avenue Minneapolis. MN 55413 612-331-8660 FAX 331-3806 Engineers Surveyors Planners Se~tember 20. 1983 Citi' of Shorewood 5755 Country Club Road Shorell1ood, Minnesota 55331 Re : Site GradinS and Appurtenant Work Freeman Park - Project No. 87-5 OSM Comm.No. 17~4.75 Cih Council: Enclo~ed are four (4) copies of Construction PaYment Voucher No. 4 ~ Final on the referenced Froject in the amount of $ 257.00. Pursuant to our fieid observation. as performed in aCtordance with our contract, Il~ h~reby certify that the materiais are satisfactory and the work properly Ferformed in accordance witn the plans and specifications. Upoo receipt of affidavit, State of Minnesota Form 1:~, and also Receipt and Wiiver of Lien Rishts from Widnter- I Inc., pi ease make Fi'tllient to WidnlH, Ioc., P.O. Box 219. St. Borrificius. Minnesota 55375 at ",O;Jr. ear'Hut c(.rivenier,ce. Ver-"y tr.uiY yours, DRR-SCHELEN-MAYERON & ASSC(:IAiES, INC. ~. -P 1.A \.lilr,.EE. P. NMtOfi,P.E. ?r~Jt(t E~Sini~r \.lP~;: RGD Er,elosur'€'s cc : Widn,er, Inc. -</~ .~.~ . ~ Estiltite Voucher No. __~.II F___ Date September 20. 1928 CONSTROCTION PAYMENT . For Period Endin. I Au.ust 31, 1988 Project No. 87-5 Class of Wor-k : Site Oradins and Appurtenant Work -----------------------------------------------------------------------------------------------~---- location Fr-etlltan Park To: Widmer. Inc. P.O. Box 219 St. Bonifacius. Mn. 55375 (612) 446-1495 -------------------------------------------------------- For City of Shorewood. Hennepin County. Minnesota A. Orisi~al Contract Affiou~t $ 49.355.00 B. Total Additions $ 23.750.00 C. Total Deductions $ 0.00 D. Total Funds E~culltbered $ 73.105.00 E. Total Value of Work Certified to Date . $ 57.400.00 ". " F. Less Retained Percentase 5 i. $ 0.00 G. Less Total Previous Payments $ 57.143.00 H. AFProved for PiYII~nt, This ReFort $ 257.00 I. Total Pa)~nts Includins This Voucher $ 57,400.00 J. Balance Car-ried Forward $ 15.705.00 APPROVALS =====--============--===========--====--==========---=======--========--=========== ORR-SCHELEN-MAYERON ~ ASSOCIATES. INC. Pursuant to our field observation, as Ferformed in accordance with our contr-act. we hereby certify that the ~ter-ials are satisfactory and the work Froperly perfor.ed in accordance with the plans and specifications and that the total work is 100 X completed as of Ausust 31. 1988 . We hereby recommend Fiyment of this voucher-. SiSned : -_-=-~;~;:;;;~;~;;-_=----- Sijned ~ lf~-- ------------------------------------------------------------------------------------------------------------------------ This is to certify that to the best of my knowled.e. infGr-mition. and belief. the quantities and values of ~ork certified herein is a fair &ppr-oximate estimate for the Feriod covered by this voucher-. Contractor: Wid~r, Inc. Si~ned By ---------------------------------------------- Date : Title ---------------------------------------------- ===================~=~-==============---~============================================================================== Ci h of Shore~ood AFFroved for FiY1lleflt Voucher- ------------------------------------ --------------------------------------------- Checked BY : Authorized Representativf Date : Date PUe 1 of 2 1744.75 ....;.. 40 . . Estimate Voucher No. 4 II FINAL Date : September 20, 1988 Site Gradin! a~d ApPurt~nant Work Freeman Park - Project No. 87-5 for the City of Shorewood. Hennepin County, Minnesota Co~trict Date : Work Complettd : Ausu~t 31, 1988 Item No. Item contract WidHr. Inc. P.O. Box 219 St. Bonifacius. Mn. 55375 (612) 446-1495 Work Started COIrIFletion Date : 30 DayS from date of aw~rd Work Completed Contract This Amount Quantity Unit Unit Price Total Price Month This Month Total to Dc.tt Quantity Totai Pr'ice ------------------------------------------------------------------------------------------------------------------------------ 1) .Clear and Orub 2) Common Excavation 3) SeediMi 4) Erosion Control 1.5 Ac. 1 L.S. 17.7 Aco 600 loF. 3500.00 31100.00 650.00 2.50 5~....o. 00 0.00 1.5 5250.00 31100.00 0.05 1555.00 1 31100.00 11505.00 0.00 0.00 1500.00 0.00 1000 2500.00 ------------ ----------- ----------- 49.355.00 $ 1,555.00 $ 38.850.00 23750.00 O. 0.0 19350.0(; < 800.(0) --------- ----------- ---------- ----- -------- ------------ 73.105.00 $ h~5.oo $ 57.400.00 . ChanSe Ord~r N~. 1 Total Project Cost ........................................$ . DEDUCT Total to Date............................................ Pale 2 of 2 1744.75 ..ChlRH~Crdtr No. 1 . Date : Septeaber 20, 1988 Site GradinS and Appurtenant Work Fretlin Park - Project No. 87-5 for the City of Shorewood, Hennepin County, Minnesota Item No. Item 1) Clear and Orub 2) Common Excavation 3) SeedinS 4) Erosion Control contrac. "idler, tnc. P.O. Box 219 St. Boniflcius. Mn. 55375 (612) 446-1495 Work Completed Contract This Amount Quantity Unit Unit Price Total Price Month This Month 2 Ac. 1 L.S. b Ac. loF. 3500.00 12S~.o. 00 650.00 Total to Date Quantity Total Price 7000.00 12850.00 3900.00 0.00 0.00 2 7000.00 0.00 12350.00 0.00 0.00 0.00 0.00 --------- ---------- $ 0.00 $ 19, 350.()(1 Total Chan~e Order No. ....................................$ 23,750.00 Pa.e 1 of 1 1744.75 . ..-A e 0\\1. ~"'" · SEP 2 I 1988 f' .~ 2021 East Hennepin Avenue Minneapolis. MN 55413 612-331-8660 FAX 331-3806 Engineers Surveyors Planners September 20, 1988 City of Shorewood .5755 Country Club Road Shorrwood, Minnnota 55331 Re : Southeast Area Elevated Water Storage lank Pedestal Supported Spheriod and Appurtenant Work Project No. 86-1D OSf1 CaD. No. 3707.40 City Council : Enclosed are four (4) copies of Construction Payment Voucher No. 7 on the above referenced project in the aRount of $ 14858.78. Please make payment in amount of $ 14858.78 to CSI Na-Con, Inc., 24137 - tilth Street, Plainfield, Illinois 60544 at your earliest convenience. Very truly yours, ORR-SCHElEN-HAYERON II ASSOCIATES, INC. ~ f. Ij~ JaRes P. Norton,P.E. Project Engineer JPN:RGD Ene losurn : cc : CSI Na-Con, Inc. ~./J , Elti.ate Voucher No. 7 . ~SlRUCTI~ MMNl VOUCHER . .- . Date Septmbtr 20, 1988 For Period Ending. Septmbtr 15, 1988 ---------------------------- Project Number 86-10 ------------------------------------------------------------------------------------------------------ Cl ass of Work Elevated Water Storage lank Pedestial Supported Spheriod ------------------------------------------------------------------------------------------------------ For and Appurtenant Work lo : CBI Na-Con, Inc. ------------------------------------------------------ 24131 - tilth Street Southeast Area Plainfield, Illinois 60544 ------------------------------------------------------ (815) 436~9800 City of ShorNood, Hennepin County, Minnnota locat ion A. Original Contract Amount $ 463100.00 ------------------------ B. lotal Additions $ 0.00 C. lotal Deductions $ 1600.00 C.O. .1 O. lotal Funds Encumbered $ 461500.00 E. lotal Value of Work Certified to Date $ 460622.38 F. less Retained Percentage 5 ~ $ 23031.00 6. less lotal Previous Payments $ 422732.60 ------------------------ H. Approved for Payment, lhis Report $ 14858.78 ------------------------ I. lotal Payments Including lhis Voucher $ 43759J.38 ------------------------ J. Balance Carried Forward $ 23908.62 ------------------------ APPRWAlS ORR-SCHELEN-HAYERON II ASSOCIAlES, INC. Pursuant to our field observation, as performed in accordance .ith our contract, .e h.reby certify that the materials are satisfactory lnd the .ork properly performed in accordance with the plans and specifications and that the total work is 99 ~ completed as of September J5, 1988 . We hereby recommend payment of this voucher. Signed .---------------- -------------------------------Signed : ~ ~, ----~;;;;;;;;:--~;;;--------------- ~----_:_-~~~-_. ------------------------------------------------------------------------------------------------------------------------ lhis is to certify that to the best of my knowledge, information, and btlief, the quantities and values of work certified herein is a fair approximate esti.ate for the period cover.d by this voucher. Contractor : eBI Na-Con, Inc. Signed By ------------------------------------------------ Date . litle ------------------------------------------------ ------------~----------------------------------- ------------------------------------------------------------ Ci ty of ShorNood Approved for Payment Voucher ------------------------------------ ------------------------------------------------ Checked By I Authorized Representative ------------------------------------ Date Date ------------------------------------------------ ------------------------------------ Pll~' I of 3 3107.40 tsti.at;Vouch.r No._______~_____________. Date: Stpttllbtr 20, 1988 Southeast Area Elevated Water Stora9' lank P.d.stial Support.d Spheriod and Appurtenant Work Proj.ct No. 86-10 for the City of Short~ood, H.nnepin County, Hinn.sota Contract Dab : Work COIpl.ted : tORt.. Work Start.d Completion Oat. : C8J Na-Coll, IlIc. 24131-lllth Str..t Plainfield, Illinois 48544 (815) 436-9800 Un No. Work Comp ltbd Contract This Amount Total to Oat. Quantity Unit Unit Pric. Total Price Honth lhis Honth Quantity Total Price Jttll -----------------------------------------.----------------------------------------------------------------------------------------- . Schedul. "A" 1) - Excavation and EmbankM.nt Borrow Haterial 2105.2 Granular Borrow Bedding 2105.2 G.neral Jmport.d Fill 2105.2 lopsoi I Borrow 600 C.Y. 2200 C.Y. 300 C.Y. 12.00 1200.00 ~ 8.00 17600.00 11.00 3300.00 . Total for Jttll No.1 .........:..............................$ 28100.00 2) - Aggregate Bas. 2211.2 Class 5, 100Y. Crushed 160 C.Y. 10.00 Total for. Jtlll No.2 .........t.....................,.......... 1600.00 1600.00 3) - Bituminous Paving 2331 Bituminous Pavtm.nt (Bas.) 34 Tons 25.00 850.00 2341 Bituminous Surfac. 17 Tons 150.00 2550.00 2357 Bituminous lack Coat 10 Gal. 25.00 250.00 ------------ Total for It.. No.3......................................... 4) - Concr.te Curbillg 2531.2 B618 Concrete Curb' or Vall.y Gutt.r 450 L.F. 2.50 Total for It.D No.4 ........................................$ 5) - lurf EstabishI.nt 2515.2 Se.ded Area 2515.2 Sodding Ar.. 2700 S.Y. 400 S.Y. .40 3.00 lotal for Ittll No.5 ........................................t 6) - Wat.r Hains 2611.2 16" DIP Class 50 2611.2 12" DIP Class 50 110 L.F. 80 L.F. 40.00 25.00 Total for Jtll No.6 ........................................t 7) - Water Hain Valv.s . Fittings <Buried) 2611.2 16" Butterfly Valve 2611.2 12" Gate Valve 2611.2 Hydrant CIW Valv. . lead 2611.2 All Other Fittings I 2 1 2000 2500.00 1200.00 1500.00 1.15 Total for Itll No.7......................................... 3650.00 1125.00 1125.00 1080.00 1200.00 2280.00 4400.00 2000.00 6400.00 2500.00 2400.00 1500.00 3500.00 9900.00 SA) -500,000 &al. Single P.d.stial Spb.roid CIW Foundation, EI.ctrial aId All Oth.r Appurtenant Work not Jtemiz.d Abov. lump SIll I 412245.00 412245.00 lotal for Item No.SA .......................................$ 412245.00 0.00 0.00 0.00 0.00 0.00 0.00 ------------ ------------ $ 0.00 $ 0.00 0.00 0.00 ------------ ------------ $ 0.00 $ 0.00 . 0.00 0.00 0.00 0.00 0.00 0.00 ------------ ------------ $ 0.00 $ 0.00 0.00 0.00 ------------ ---------..-- $ 0.00 $ 0.00 0.00 0.00 0.00 0.00 ------------ ------------ $ 0.00 $ 0.00 0.00 0.00 0.00 0.00 ------------ ------------ $ 0.00 $ 0.00 0.00 0.00 0.00 0.00 8.00 0.00 0.00 0.00 ------------ ------------ $ 0.00 $ 0.00 0.00 0.00 ------------ --------- $ 0.00 $ 0.00 ':' >> ~ . Estiaat, Voucher No. 7 Dat, : Septnbtr 20. 1988 Soutbeast Area Eltvated Water Storag' Tank Ptd,stial Supporttd Spheriod and Appurtenant Work Project No. 86-10 for tht City of Shortwood. Htnn'pin County. Minnesota Itn No. It ell Work Comp ltttd Contract This Mount Total to Date Quantity Unit Unit Price Total Prict Month This Month Quantity Total Price .---------------------------------------------------------------------------------------------------------------------------------- 88) - 400.000 6al. Single Ped,stial Sph,roid CIW Foundation. .El,ctrial and All Other Appurtenant Work not Jttllized Above lUllp Sum 1 l.S. Foundation Electrical Material' . Tink Construction Paint 410045.00 123881.00 .03 3716.43 .98 121403.38 10159.00 .7 7111.30 1 10159.00 176591.00 0.00 1 176591.00 120382.00 0.00 1 120382.00 32087.00 .15 4813.05 1 32087.00 ------------ ------------ ------_.-..--- 463100.00 . 15640.78 t 460622.38 . TOtil for Sch,dule "A" <JttllS 1 tbru 7 Inclusive Jttll 88) ........ , s Pagt 3 of 3 3707.40 ~ . ~ October 4. 1988 City of Shore.ood 5755 Country Club Road Shore.ood, Minnesota 55331 OSM Orr Schelen Mayeron& Associates, Inc. . 2021 East Hennepin Avenue Minneapolis. MN 55413 612-331-8660 .FAX 331-3806 Engineers Surveyors Planners Re : Water Hain. Parkin. Lot Surfacin.. Ball Field Surfacin. and Appurtenant Work Freelin Park - Proj,ct No. 88-2 OSI'I COM. No . 1744.88 Cih Council: Enclo~ed are four (4) copies of Construction Pavaent Voucher No. 2 on the referenced project in the &lount of $ 29.487.70. Please Ilike pavaent in &lGunt of $ 29.487.70 to T liS Excavatin.. Inc.. 2044 Chaabers Street. St. Paul. "no 55109 It your earliest-(Onvenience. Very trulY YOUr5.~ (m-SOREN-I'IAYEROO · EI~TESl!l~ ~rton.p.E. Project En.inter JPN:RGD Enclosures : cc : T II S Exclvatin., Inc. </E - It. .. Iii.. - ". . COOTROCTION PA. YlWER Estillilte Voucher No. Date October 4. 1988 For Period Endin. : Septeabtr 30. 1988 . . Project No. 88-2 CII55 of Work : Water "'in. Parkin. lot Surflcin.. Ball Field Surflcin. Ind APpurtenant Work To: T' S Excavatin.. Inc. 2044 Chaabers St. St. Plul. "no 55109 (612) 484-9384 location FreeHn Plrk For City of Shore.ood. Hennepin Countv. "innesota A. Ori.inal Contract Alount $ 75.m.70 B. Total Additions $ 0.00 C. Total Deductions $ 0.00 D. Total Funds Encuabered $ 75.m.70 $ 59.516.00 ------------- $ 2.975.80 $ 27.052.50 $ 29.487.70 $ 56.540.20 $ 19.237.50 IflJl!! E. Total Value.of Work Certified to Date F. Less Retained Percenta.e 5 x G. less Total Previous Pavaents H. Approved for Pavlent. This Report I. Total Pavaents Includin. This Voucher J. Balance Carried Forward APPROYALS ....., :....:......a. mR-SOEl.EtHIAYERON -, ASSOCIATES. It<<:. Pursuant to our field observation. as Plrforaed in accordance with our contract. we hereby certify that the Iliterials Irt "tisfact~-\'lndAhe...k proPetl"'''''Mrtid-i".-c'ttrftnct lfi-thctht plaAS -'ind-JHCificatioAS- Ind~hat-t.flttotal work h 19 - X cOIWl etedas,of- n Stptelber 30. 1988' .We lIerebvrecOMend Pivaent of this voucher. Si'~'d .~ .p 1~ Si .ned : Construction Observer ---------------------------------------------------------------------------- This is to certifv that to the best of av knowled.e. inforHtion. and belief. the ~uantities Ind values of work certified herein is a fair IPproxillite estiaate for the period covered bY this voucher. Contractor: T & S Excavatin.t Inc. Siined By Date : Titlt ---------------------------------------------- -------------------~_r-------------------_====__=-- City of Short.ood Voucher Checked BY : Approved for pavaent Authorized Representative Date Date Pille 1 of 2 1744.88 ... ~ti..te Youcller No. ~ ~ Date: October 4. 1988 Co.or : T . S Excavatin.. Inc. 2044 Chubers St. St. Paul. ttn. 55109 (612) 484-9384 Water Main. Parkinl lot Surfacinl. Ball Field Surfacinl and APpurtenant Work Freelin Park - Project No. 88-2 for the City of Sborewood. Hennepin County. "innesota Contract Date : JulY 15. 1988 Work Coapleted : Work Started : JulY 25. 1988 Coapletion Date : Septeaber 30. 1988 Work Coapleted Itea Contract This Alount Total to Date No. ltea Quantity Unit Unit Price Total Price ",nth This "onth Quantity Total Price U 6- D.I.P. Class 52 Water Main 1425 L.F. 14.00 19950.00 0.00 1375 19250.00 2) 4- D.I.P. Class 52 Water Main 210 l.F. 12.00 2520.00 194 2328.00 194 2328.00 3) Fittin's 700 Lbs 1.00 700.00 95 95.00 695 695.00 4) 6- Gate Valve 4 Ea. 374.00 1496.00 0.00 4 1496.00 5) 4-x 8- Wet TIP Incl. Valye 1 Ea. 900.00 900.00 1 900.00 1 900.00 6) Relocate HYdrant 2 Ea. 200.00 400.00 0.00 2 400.00 7) HYdrant 2 Ea. 1000.00 2000.00 0.00 2 2000.00 8) Class 5. 100% Cru5hfd Rock (2211) ~- 3400 Ton 5.70 19380.00 2126 ~ - 12118.20 2126 12118.20 9) Ball Field lillf 875 Ton 7.70 6737.'YJ 0.00 0.00 10) BitUlinous Parkins Lot and Driveway Restoration (2341) 170 S.Y. 12.00 2040.00 0.00 0.00 10 Tree Reloval 25 Ea. 'YJ.OO 1250.00 0.00 37 1850.00 12) Auler 40 L.F. Casinl Pipe 0.282- Thick for 6- D.I.P. Class 52 Water Main L.S.B.I. 4-A 1 L.S. 3200.00 3200.00 0.10 320.00 1 3200.00 13) F & I Trees (2571) L.S.B.I. 3-A 1 l.S. 2000.00 2000.00 1 2000.00 1 2000.00 14) Seedin. 17.7 Ac. 746.00 13204.20 17.8 13278.80 17.8 13278.80 --- Total ...............~~.............................,........S 75.m.70 $ 31.040.00 $ 59.516.00 Pale 2 of 2 1744.88 , " . OSM. Orr . SChelen . " Mayer!ln& Associates, Inc. . .1 2021 East Hennepin Avenue Minneapolis, MN 55413 612-331-8660 FAX 331-3806 Engineers . Surveyors Planners October 4, 1900 Citv of Shore.ood 5755 Country Club Road Shore.ood. Minnesota 55331 Re : Seal CoatinS. Overlay and Appurtenant Work Project No. sa-1 0SI1 C('IIIRI. No. 4160 Ci tv Counc i1 : Enclosed are four (4) copies of Construction Payment Voucher No. 2 on the referenced project in the amount of $ 1,541.57. Please IlIke paYl.ent in allount of $ at yuor earliest convenience. 1,541.57 to H.L. Johnson COIlPany, 2392 Pioneer Trail, Hallel. Minnesota 55340 Very truly yours, ORR-SCHELEN-MAYERON & ASSOCIATES, I~ d:; N>~n,p.E. Project En!lineer JPN:RGD Enclosures: cc : H.L. Johnson CO~FanY .l/F Estillte Voucher No. 2 . CONSTROCTI()I PAvroL .i Date October 4. 1988 For Period Endind : Septe.ber 30. 1988 Project No. 88-1 -- ----------------------------------------- Class of Work : Seal Coat in.. Overlay and Appurtenant Work ------------------------------------------------- To: H.l. Johnson c..panv 2392 Pioneer Trail Hallie 1, "". 55340 (612) 478-60S4 Location For City of Shorewood, Hennepin County, Minnesota A. Oridinal Contract Aaount $ 123,000.50 B. Total Additions $ 0.00 C. Total Deductions $ 0.00 D. Total Funds Encu.bered $ 123,000.50 E. Total. Value of Work Certified to Date $ 118.460.06 F. less Retained Percentade 5 x $ 5.923.00 G. Less Total Previous PaYltnts $ 110,995.49 H. Approved for PaYltnt, This Report $ 1,541.57 I. Total PaYments Includind This Voucher $ 112,537.06 J.Balance C&rried ForlArd $ 10.463.44 APPROVALS ------------- -- ------- ---- --==== ORR-scHELEN-I'IAYER()I Ie ASSOCIATES, INC. - Pursuant to our field observation, as Ptrforaed in accordance with our contract, we hereby certify that the materials are satisfactory and-the workfroPtrly Ptrforaed in accordance with-the plans and specifications and that the total work is 100 X cOIlPleted as'of $epte.ber 30. 1988 . We hereby reco-.end paYltnt of this voucher. Construction Observer Sidned: ~~ f: ?i~ ~~------------ --- Sidned : ------------------------------------------------------------------------------------------------------------------------ This is to certify that to the best of IY knowledde, inforlation, and belief. the quantities and values of work certified herein is a fair approxiaate estimate for the period covered by this voucher. Contractor: H.L. Johnson C~panY Sidned By ---------------------------------------------- . Date : Title ---------------------------------------------- ==--==================---=====================================--==========--===== Cih of Voucher Checked BY : Shorelllood Approved for pavaent ----------- Authorized Representative Date Date --------------------------------------------- Pade 1 of 2 4160 .~tilll~ Voucher No. 2 -- , Date : , October 4, 1988 Seal Coatin~, Overlay and Appurtenant Work Project No. 88-1 for the City of Shorewood, Hennepin County, "innesota Contrlct Date : JulY 15, 1988 Work c..pleted : Itea No. SPec No. Item . . PUe 2 of 2 4160 Con.tor I H.L. Johnson Co.panv 2392 Pioneer Trlil Hue 1, "no 55340 (612) 478-60S4 Work Started Co.pletion Date: Septelber 15, 1988 Work Completed Contract This Amount Total to Date Quantitv Unit Unit Price Total Price "onth This "onth Quantitv Total Price .... ,/ . OSM. ~len · Mayeron& Associates, Inc. ~ 2021 East Hennepin Avenue Minneapolis. MN 55413 612-331-8660 . FAX331-3806 Engineers Surveyors Planners . October 4, 1988 ~..... City of Shorewood 5755 Country Club Road Shorewood, Minnesota 55331 Re : Seal Coating, Overlay, and Appurtenant Work Project No. 87-2 OSH Conn. No. 3982 City Council: Enclosed are four (4) copies of Construction PaYlent Voucher No. 2 & Final on the referenced project in the ~ount of $ 6749.77. Pursuant to our field observation, as performed in accordance with our contract, we hereby certify that the materials are satisfactory and the work properly performed in accordance with the plans and specifications. Upon receipt of affidavit, State of Minnesota Form 134, and also Receipt and Waiver of Lien Rights froo Munn Blacktop, Inc., please make payment to Hunn Blacktop, Inc., 10883 - 89th Ave. N., Maple Grove, Minnesota 55369 at your earliest convenience. Very truly yours, ORR-SCHELa~-NAYER~{ & ASSOCIATES, lNC. J--. P1j~ ... James P. Norton,P.E. Proj l'C t Eng i neH JPN:R6D Ene losur.es cc : Munn Blacktop, Inc. 4~ .".. ..: . CaiSTRUCTlai PAYHENT VOUCHER. .. Estimat, Vouch,r No.2' Final Oat, October 4, 1988 For Period Ending S'pt,mber 30, 1988 Proj,ct Number 87-2 -------------------------------------------------------------~----------------------------------------- Class of Work Stal Coating, Ov,rlay, and Appurtenant Work Location To : Munn Blacktop, Inc. ------------------------------------------------------ 10883 - 89th Ave. N. Maple Grove, Mn. 55369 For City of Shorewood, Hennepin County, Minnesota A. Original Contract Amount $ 134466.00 B. Total Additions $ 0.00 C. Total Deductions $ 0.00 O. Total Funds Encumber,d $ 134466.00 E. Total Value of Work Certified to Date $ 117970 .87 F. Less Retained Percentage i. $ 0.00 G. Less Total Previous Payments $ 111221.10 H. Approved for Payment, This Report $ 6749.77 I. Total Payments Including This Voucher $ 117970 .87 J. Balance Carried Forward $ 16495.13 APPRl'JALS ORR-SCHELEN-MAYER~~ & ASSOCIATES, INC. Pursuant to our field observation, uperformed i1Iaccordancewith our contract, lIIe hereby certify that th, materials are satisfactory and th, lIIork properly performed in accordance with the plans and specifications and that the total lIIork is 100 I. cmpltted as of SeptHucf 30, 1988 . We hereby reccmend payment of this voucher. Signed : ::::~~;~~;;;;;-;;;;;;;;--------:::::::------------------------Sign'd :___~~_~~------ -----------------------------------------------------------------------------------------------------------------------~- This is to c,rtify that to the best of my knOlllI,dge, information, and beli,f, the quantities and values of lIIork c,rtified herein is a fair approximate ,stimate for the period covered by this voucher. Con tr' ac tor. Munn :: iCnOp I Ioc. Signed 8t Date : Title ------------------------------------------------- ------------------------------------------------------------- City of Shorelllood Approved for Pa~ent Voucher ------------------------------------ ------------------------------------------------- Ch,cked By : Authorized Repr,s,ntativ, Date Oat, ------------------------------------------------- Page 1 of 2 3982 Estimat, Vouch,r No. 2 & Final Date: October 4, 1988 -------------------------------- Seal Coating, Overlay and Appurtenant Work Project No. 87-2 for the City of Shor.wood, Hennepin County, Minnesota Contract Oah : Work COIpleted : September 30, 19B8 Item No. Spec. No. It,. Contract Quantity Unit Unit Price Total Price ~ . , Contractor: Hunn Blacktop, Inc. 10B83 - 89th Ave. N. Hapl, Grov" Hn. 55369 Work Start,d Compl,tion Oat, : Work COIIplet,d This Amount Honth This Month ~ , Total to Dat, Quantity Total Pric, .' ----------------------.------------------------------------------------------------------------------------------------------------------------ 1 - DIV. II Street Sweeping (Includes Before and After) 2 - 2341.508 Wear Cours, Mixture (Incl. Bituminous) 3 - 2341.508 Overlay Und,rlayment Fabric 4 - 2356.505 Bituminous Seal Coat 5 - 2356.507 Bituminous Seal Coat Aggr,gate Class A, FA-2 6 - 2357.502 Bituminous Hat,rial for Tack Coat 7 - 2361.508 Bituminous Mixture - Lev,ling Course (Incl. Bit.) 8 - 2506.501 Structur, Adjustment 10.4 Hilt 865.00 8996.00 1800 Ton 23.50 42300.00 2000 S.Y. 1.00 2000.00 43000 Gal. .79 33970.00 2200 Ton 16.70 36740.00 1400 Gal. .85 1I~0.00 300 Ton 23.10 6930.00 26 Ea. 90.00 2340.00 ------------ Total ....................................... II......... I' ,$ 134466.00 Page 2 of 2 3982 5.2 4498.00 0.00 400.00 0.00 0.00 0.00 0.00 900.00 400 o 10 $ 5798.00 10.4 8996.00 1927 45284.50 2000 2000.00 39993 31594.47 1677 28005.90 1400 1190.00 0 0.00 10 900.00 ------------ $ 117970.87 . . . October 5, 1988 2021 East Hennepin Avenue Minneapolis, MN 55413 612-331-8660 FAX 331-3806 Engineers Surveyors Planners City of Shorewood 5755 Country Club Road Shorewood, MN 55331 ATTN: Mr. Dan Vogt Administrator RE: Waterford 2nd Addition Shorewood, Minnesota OSM Comm. #1744.62 Dear Dan: We have received a request from the developer's engineer, Schoell & Madson, Inc., for the City to accept the streets in Waterford 2nd Addition for ownership and maintenance. We have been involved in the daily inspection of the work done at Waterford and agree that the streets have been constructed as specified and are ready to be turned over to the City. Therefore, we recommend the City take over the ownership and maintenance of the streets after receipt of a one year Maintenance Bond from the developer. The engineer for the developer included a copy of the contractor's performance bond to cover the one year warranty period. However, in discussions with the City Attorney, he has informed me that this is not acceptable and not in conformance with whatl s spelled out in the Development Agreement. A separate Maintenance Bond from the developer in favor of the City of Shorewood for a period of one year from the date of acceptance is what is required. The one year warranty period and official date of acceptance will begin upon receipt of the Maintenance Bond. If you have any questions, please call me. Respectfully, ORR-SCHELEN-~~YERON & ASSOCIATES, INC. C N~~o1~ City Engineer cc: Mr. Phil Tipka, Resident Inspector Mr. Kenneth Adolf, Schoell & Madson, Inc. Mr. Glenn Froberg, City Attorney Mr. Randy Travalia, Mason Homes 14201 Excelsior Blvd. Minnetonka, MN 55345 JPN/lmt 4/1 . I> . . MAYOR Robert R8$Cop COUNCI L Jan Haugen Kristi Stover Robert Gagne Barb Brancel ADMINISTRATOR Daniel J. Vogt CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236 MEMORANDUM TO: PLANNING COMMISSION, MAYOR AND CI'lY COUNCIL FROM: BRAD NIELSEN DATE: 29 SEPTEMBER 1988 RE: TIERNEY, DENIS - SETBACK VARIANCE AND VARIANCE TO EXPAND A NONCONFORMING STRUCTURE FILE NO.: 405 (88.37) BACKGROUND Mr. Denis Tierney has requested a 25 foot setback variance to build a family room and screen porch addition on the rear of his home, located at 5060 Suburban Drive (see Site Location map - Exhibit A, attached). Since his house is already too close to his rear lot line (24 feet instead of 40), he also needs a variance to increase the nonconformity of a nonconforming structure (see Exhibit B). The property is located in the R-1C, Single-family Residential District and contains approximately 43,680 square feet in area. The lot is accessed via a private gravel road shared by two other homes located to the north of the site. A large depression on the east half of the site serves as a sort of neighborhood drainage basin. The proposed addition shown on Exhibits C and D includes a 12' x 19' increase in the family room, less the area taken up by the proposed 12' x 14' three season porch. The existing house contains approximately 1424 square feet of gross floor area on one level plus 440 square feet of attached garage space. The applicant explains his request in a letter, dated 5 September 1988 (Exhibit E, attached). Letters of neighborhood support are contained in Exhibit F. A Residential Community on Lake Minnetonka's South Shore 7 Re: Tierney. Denis Setback variance 29 September 1988 .. . ANALYSIS/RECOMMENDATION Mr. Tierney's request letter contains a number of vaild reasons for justifying a variance. The arguments raised. however. are based upon extending the building to the east or adding a detached garage east of the home. These same arguments do not apply to an addition to the northeast corner of the house. Exhibit G shows an approximately 26' x 26' area which would easily accommodate a large two car garage. The existing grade is flat enough in that location to be handled by one or two extra courses of block. A change in driveway location would result in the loss or relocation of one tree. This would allow the existing garage to be converted into additional family room space and/or three season porch. The additional space desired by the applicant can be achieved within the buildable area of the lot and within the confines of the existing building. Given this option. the applicant's request fails to satisfy Section 1201.05 Subd. 2.c. of the Shorewood Zoning Code which requires that a variance be justified in order to make reasonable use of the land. Reasonable use of the property can be made within the buildable area of the lot. It is also worth noting that the lower level of the home contains two bedroCllls. a pool roClll. a family roClll and laundry room. It can not be said that the house is undersized. Prior to the adoption of Shorewood's current zoning regulations. the previous zoning ordinance prohibited the expansion of nonconforming structures. The City came a long way in relaxing the regulations to allow improvements to older nonconforming structures. It is recommended that the City adhere to the basic premise that expansions to nonconforming structures should not increase the nonconformity except in unique cases where hardship can truly be demonstrated. BJN:ph cc: Dan Vogt Glenn Froberg Jim Norton Denis Tierney - 2 - @) ... '! -j ja ....',] /.... ,,'... ,_ __.s. '~ I ~ "/ I . ~ ?f'OWJ &c.a,."'-, ""-...' , \.. ,'to \ \ e I \~- \ . ~ r \~ {ft \ ~ . .....L__- I ! ... I ~ . .\ .\ 'I ... ,t ...! .'t ) J :1 ) ) ... ... ~ , ) ~ " - J -. : I _..~. 3J1I9:/IJ ....1.1:1 ::. ,..., .~ ~ Exhibit A SITE LOCATION Tierney - variance request ~ . . ,"'" ~...... ... , ..' ~... .... ;/l( v (J 10'-- '.' ....~.~ ,-"...,...........-'~._.. .......---. ff ~ fI ~'n " n.s ./ ".. ~ OJ ~ f,) ~ tf':J'. .... 6 ,,\J , ~..,,, -4" --' ..... ". ~ .t .":C' '). --:...- ! ,/' '~ -- .- .. ..' - '_ - HJ.lI,,;1- .,.,. _,,_ _" c:::::. _ _.' ---.; _ .._';' .__or'" ___ - C I) I,~ ..,,- - J /-' ....., . , f- ' - ,--' '- - il' 1 / I -.- -'- - - ,-:...- " , I . ,'~' " .:'. .._~ - -- -.- '-, \ \ ,I I' . \ \ I.. ,1- \ I .I \ \; \ ~ IIi ) \ / '"~ \ \" Iii ~ \ I\.\ '\\ - ( \ 1 \ ; 3\ i\\ ;" /r-'- .J ) \ > ~ ~,\ h ' , I / ,~ ,~~ III ',,; 1\. , - " . I i 2 ...f1 \. ) .I I Y It. ~I,~ t .:-'</~- Jjl/ ", ,~.__. -----.>.................../ I '. ~ '- - - ./....- \. r(.~ :-'--t?~-=----::J/ . 'I /'" ---- ~ -. -, ' --- '." -- -- ..J F- -... -- / '"" ~. /' "'..~_:"~', c;:.- - ./ ~ /1 . /' /' <,' .'\'" .7'1l6 """'; \ ,/ ....~", '- -.: ,t'-:-) -:../'. " .. I. .. /./ ~~ . G:'}':: ~<:-='1"\ '/./" - / '. .... ~ _~;'/< ~' --' --" \ ,.j nJ" 6 ,. <.:..:) -. '\ w /-/; ~ ./ ,-~1J t") . t . '.,~\ \~ I f:/ / / ~ 1 ~ ~t>, -"\ ." -.~ ft / I; \ l."~ . I .. .. ,.,.. ';".(; \ 1/1 /T'~'2~ 'r.- j L' .'-"'''. '~, ,- . 'c# <J ... /.. ! --....:"J.s \l O'''\~.. "~~"''''' N / .~G '"'- lU , , , ..U> \ "". f ,4)0 \. , 00'0 V 1." \ , . . . . . - . . . ... . . . j o -..c ( L. .___ _.~~.~:.~_~_ 1 {~.' . .~ ' . ., '. -' ~ I) '", Jl1" ~ '0 1. ""~- ~o .... "".- ~ \1\.... ~ ~ ....... '. t ~ ~ ,.'" '" t. .. . . . . , " /" " .... o c:: 0.. - (.- ..... &I III ... ("... ... ~ ... .,.. >. (.I . &I c.... . &I ~ . c. c=' ., - -... "-0 . . ... " .&:. ~ . ~. ..J:J. C .&:~. ~ " . ... .. Ill" ... C. j _ II I ~... ...c. .. (,111 . ~:a II~ ... ... II 0 .cc. II ...... ../ Exhibi t B PROPERTY SURVEY :sNOISIAilI CllhZ/!1 :UVO ----- _....... ...,.rv l:S:KS Nft 'S11OdV3NN'" '3 N O' AV_H "II. Y""'9NjNNYidrJllfD} 3I\IHtJ NVBf1anS 0909 N3NU.l:I3 OlVNOO '1I!!Jf liS" A3NH3U 30 ,.) ~ 5" !D ':i:I .... , ....,.~ .~ f~.' r4: h '5: !~ i~ f , i~ !~ 1'-1 i ";.. ..; ~ .; ~'~. .:, ~ "tf. ~~ &"'t'N ::~ & i~ ~li ~~!) ';)E '\.r- I ~ e. ~ t,. ~ \J toi! ! ~~~ ~ ~'"~, "..- ~ .~J.;;; \'T 110:1 NOL1IOGY '110" J:)NJOlSlJlI ~ '14 ~ a~ ~fi .5 ~~ ~i r5 .' -~ ~i ~ ~ ! -T 2 <L i:: .. ~}<&~fo ... s.~ '> ..r f ~ .~... ! 7 r~i~ , -r ----"--+ ;0' l~. .~ )., 4 ~ ;l .. fYi'"#, . ...~ . ' '. I -"1--+ ~ ~ ~ J ~~ ~~ :f ~ <r~ orQ Q .;-tlI. ;$ ;[i. ~ \ \ ~ .,;. -~ ~ ~ ; II ;;. J II I, ... h ~ :E. i; ~' I' 'j - 11 1 " !! j' 11 i I ~ I Exhibit C BUILDING ELEVATIONS \l"l ~ c0 oj; , t ': ,;, > ;, . t :4 " .,If '..# . :i .- .~ , ." .~ }"; ~~' >~.~' ~~ ~... ~ . Exhibit D PROPOSED FLOOR PLAN ./ --:-"- O-z{ " , .076-( .~ I !I ~l~', 'i,' ~ ~a;-t;~;l:: l' b:: ; ihl .l- .,.!~ I ~ '.l~ ~~ .~ J tJ i~ .~ ~ ,~: I.~ F J1>>b ::0- .j.... i1 ~ .q I ..L~ -='"! iJJ I ~, I JI. I ! IJ ..; ",,&', {I- ", '. II .. "i ~ &: ..... f J. , .,J I I I I . ~ , .l... "O;Z( ... ~: P.!", -)..! '(i ..' ~' ....~ : ~. -g.~I~~/ i; , t ';. ~~ 1/" -'B V \'", ).:' )" , " , 'j " ,/ , . ~ / ." // ~q /- -r- / t -t/,,,\ i' g ~ >t( ''^')r';'' , / 6l! ;~";E '-/ ;:.&l<. /'. . r, ;t ~ 4'/ ~, .~~: ~?_'/ x::.. ,.., '. '. " ~~ ~~*: .~~ " -/ / o?" " x 6;< "" ^'V~ w. " ,VI'" -v. (u.J <'WCi ~!":;iB I-'JltIW QJ.) I. ~ ~fS)1 I _-srot>rZ- - .t;)! I '\ 1t-, I r\... I S J !ii ~ ! ~ _ '. :~I', IQ 1,1 If I)::;: ~ '-, l;l~' !~ t\1 J! Iii ".~~11~~ji fi . o:-s I . , ! {I ~~i i -1 .' / / " 3g l"~ ~! ~~ '1 1 1 ", . :~~ . to' '. , ": "~ " ",I J ,<.~ '~'A~4 j ;~~ ~'1 ;:'~ .~ ~ ~. '~ I~l I .. . September 5, 1988 Variance Request per Sect. 1201.05 Denis C. Tierney 5060 Suburban Dr. Shorewood 55331 To: Members of the Planning Commission Members of the City Council Our family has lived at 5060 Suburban Dr. for 8 years. During the last year, my wIfe and I have made the decision to remain in the Minnetonka School District until our youngest child has graduated (8 years). We want to remain in our current home and neighborhood, but we would like to add an addition to our home to increase comfort and liveability. The one disappointing feature in our home Is the living room. It is long and narrow (12/x19/). Its size has hindered our ability to entertain friends and relatives. It gets very crowded with six people In it. To expand our living room we have two options; expand into the garage or expand into our backyard. If we expand into the garage, it would mean we would have to build a free-standing garage somewhere on our lot. We cannot fit the garage into the northwest corner because of setback limitations. The only choice for a free-standing garage would be east of our home. Several obstacles make this choice infeasible: 1. Elevation- The land drops off rapidly to the east of our home. There woul d be a 5' drop' i n e leva t ion in the area neeaed for the garage. This means a significant amount of fil I would be required. 2. Drainage- If fii i was brou9ht in it would disturb the drainage pattern of our nelghborhood. Presently, the ~omes north of us drain into our lot. Our lot, in turn, aralns via a pipe to a pona south of our lot. 3. Utilities- A utility pole would be in the path of where a new driveway would have to be cut. 4. Trees- Several large, mature maple, elm and pine trees would have to be removed to make way for the garage. The second option and our option of choice is to expand into our backyara. This option creates the need for this variance application. Our home was built prior to the existing zoning regulations. Consequently, our existing home does not meet the current setback restriction of 40' off the rear boundary line of our lot. The southwest Exhibit E APPLICANT'S REQUEST LETTER Dated 5 September 1988 . . corner of our home presently sits 24,' from the rear boundary. If we add the planned addition, the home will move 8.5/ closer to this rear boundary makIng it 15.5/ from the rear boundary. The rear boundary of my lot as well as the southwest boundary is heavily wooded. The homes on the lots borderIng the rear boundary are situated near the street(St Albans Bay Rd.> and no home is less than 50-75/ from the southwest corner of our home. I cannot envision any reason why the existing owners or future owners of these homes wou 1 d want to take down the '. woods seperating our homes. We discussed our plans with our three neighbors who border our rear boundary line and they all signed affidavits proclaiming that they have no objections to the addition and feel it is not an invasion of their privacy. These affidavits are enclosed. Additionally, we have had our home appraised in its current condition and with the addition and we know the addition will add value to our home and ultimately the neighborhood. In summary, we feel there are special conditions and circumstances which are peculiar to how our home is situated on our lot. We had no control over where our home was situated when it was built. We are simply aSking for an adaitional 8.5/ to make our home more comfortable and liveable. We are not intruding on our neighbor's privacy, we are not disturbing the natural surrOUndings or drainage patterns of our surrounding neighborhoOd and we are adding value to our home which ultimately raises property values of the neighborhoOd. Regards, _ '" : C-(~ ~ is and Michelle Tierney 5060 Suburban Drive Shorewood 55331 Exhibit E, page 2 . . Septemoer 3. 1988 Members of the Planning Commission Members of the City Council Re: Variance Request per Sect. 1201.05 Denis Tierney 5060 Suburban Dr. Denis Tierney has dlscussed with me/us their plan to add an addition to their home. I/we have reviewed the building plans with ,them. l/we ao not have any oojection to the planned aadition to their home. The addition will not interfere with my/our privacy ana it should aaa property value to the Tierney's home and the neighborhood. RegardS. I ':j,..;)e/~ V.r/Jl<t The HelmeKe Family 5075 St. Albans Bay Ra. Denis and Michelle Tierney have discussed with me/us their plan to aad an aaaition to their- home. I/we have r-eviewed the ouilaing plans with them. I/we do not have any Objection to the planned addItion to their- home. The aadition w1Jl not inter-fer-e with my/our- pr-ivacy ana it snoula add proper-ty value to the Tier-ney's home ana the neighbor-hoOd. Regaras, ei!;;ttud/( .~ The Ekenstedt Family 5081 St. Aloans Bay Ra. Denis and Michelle Tier-ney have discussea with me/us their- plan to add an aadition to their- home. I/we have r-evlewed the buJlaing pians with them. I/we dO not have any obJect.ion to the planned additiOn to their home. The addition will not interfere with my/our privacy and it should add proper-t.y value ,to the Tier-ney"'s home and the neighborhood. RegardS. UiLj The Lee Famil y 5085 St. Albans Bay Rd. Exhibit F LETTERS FROM NEIGHBORS i i ... i . t~o. I , ,. o , . . , , . . .. ir. J , * , .' ~.' ., .. ~ i ~l1 I~ ~(j) til ~ ~ tn ..... o 2: E > ~...,.. ". .,.... . '. .-~..-.,,~-.,..-... -'. .... ..... .'.." '." '," " . ......- ~.. '. , " I 1 . ,11 ~ ..< r~;, l ~~~ J ": ;;~,~--"" ,'" , , '".'..'.'.!';'''';'; . ...." .:l.k~~:! . . ".:tl_~ .-~~~ .;~ ~,~:, . ir,~' =.,:. ;;, -1" ..... ~ .. ~.~.: -'!4~~-:~:.-: /?i,";J<. E ~ . "C;. ~ "'i- o .... o . ~ _"1 .,.. 0& ~ ~ #( ..... ' <"- , , . ,~. . '~f~ t l . .:-..1 \ \ \ \ . . I '.1. *1\' .", \ \~' ~ to r ! Ii ~ , '.' r hereby c~rtir7 that thia plan, apecificatlon or report va. prepar~d b~ .e, or under .~ direct ..._",,~..';..:..._ --..I _, , . I (',-- ~ ~ . . . October 4, 1988 TOI Mayor, CIty CouncIl and Planning Commission From I Denis Tierney ReI Undue Hardship/Variances I Just returned from a Planning Commission meetIng this evening and I am very distressed. I am upset not only that I was denIed a setback varIance but also the manner In which the Planning CommIssion is interpreting Ordinance 1201.05. Prior to going before the Planning CommissIon, I researched meeting minutes and found many setback variances denied because "undue hardship" was not proven. Apparently, defining "undue hardship" has been a problem over the years. In November 1987, the Planning CommissIon approached the law fIrm of Froberg and Penberthy, P.A. for an interpretation of the term "undue hardshIp". Froberg & Penberthy quoted from the State LegIslature statute M.S. 462.S57, Subd. 6(2) whIch specificallY define "undue hardship" as meaning: 1~ The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. 2. The plIght of the landowner Is due to cIrcumstances unique to the property not created by the landowner. S. The varIance, If granted, will not alter the essential character of the localIty. The above criterIa were what I used in making my presentation to the PlannIng CommIssIon. The key word I pullout of the above Is "reasonable". If the varIance is denied, is It reasonable for the applicant to buIld wIthin the established setbacks? Unfortunately, the PlannIng Commission never got to make a decisIon on whether it was reasonable for me to build within the current setback controls or grant a variance. In my opinion, the Planning Commission was hung up on the word "hardship". That Is the key word in their interpretation. The PlannIng CommIssion Ie not Inter-pr-etlng "undue hardshIp" as defIned In the above state statute. The Planning CommIssIon determIned that our - . . .' request to enlarge our living room was not a "hardship". When asked for examples of har-dship, the Planning Commission responded that not havIng a garage In Minnesota was a hardship, not having a shower In your bathr-oom was a har-dship. In my opInIon, thIs Is about as far- away as you can get fr-om what the state statute Intended. The manner now in which the PlannIng Commission is Inter-preting the statute forces them to make "value Judgments" of hardshIp. ThIs is In no way what the state Intended. HardshIp pertains to property and topography, pure and sImple. I believe the ramifications of the present interpr-etatIon are far- reaching. Presently, the only applIcants who will get varIance relIef ar-e those that need gar-ages, need showers in theIr- bathrooms, or need bedr-ooms. Unfortunately, the applicants excluded fr-om this Inter-pretatIon ar-e those who are expandIng kItchens, famIly rooms, porches, etc. All the magazines and publicatIons you r-ead today explain how people ar-e remaIning In theIr- homes'and adding on. The trend now Is to expand kitchens and lIving ar-eas. Shor-ewood has an enormous amount of non-conformIng homes and I expect over the next several years the PlannIng CommIssIon wIll be presented wIth more and more of these requests. By preventIng these homeowners from expandIng and enhancIng the va I ue of the i r- proper-ty, the ne I ghborhood va I ue will be limI ted and the full potential tax base wIll never be realIzed. The bottom lIne In my case Is that the PlannIng CommIssIon made a "value Judgment". They decIded that our house is not undersized, that our lIvIng room is big enough, that a detached garage is O.K. and that we have lived in our- home for 8 years and its been good enough so far, why change it. The PlannIng CommissIon never completed theIr task. which is to determIne If it is reasonable to ask the applicant to build wIthIn setback lImitatIons and If they decIde It is not r-easonable then wIll gr-antIng the varIance cause adver-se conditIons for- neIghbors and the neIghbor-hood. My Intent Is to br-ing my case and thIs Issue before the CIty Council. I will continue to appeal thIs until I am satIsfied that the PlannIng CommissIon is correctly InterpretIng sectIon 1201.05 of the CIty Code. SIncerely, ~(:-I~ .. . .-- " s, -'"e,; . ,J .FROBERG & PENBERTHY, P.A. A TTORNEYS A T LA W Glenn Froberg James G. Penberthy Paul 8. Ahern 17736 Excelsior Boulevard Minnetonka, Minnesota 55345 (612) 474-8877 Novmber 3, 1987 FKM: Mayor, City Q>uncH, and Planning Qmnission 01 enn Froberg 10: BE: Undue Hardship/Variance~ This is in response to the request of the Planning Qmnission for an interpretation of "undue hardship" as it relates to the granting of variances. Shorewood City Q>de, Section 201.04, Subd. 4, provides for the Planning Qmnission "to hear, review, initiate and offer recommendations to the City Q>uncH on application for omendnents to the zoning ordinance, variances, condi Honal uses and planned developnents." Sect ion 1201.05 of the Ci ty Chde provides for the Ci ty Q>nnci 1, upon" receiving the recommendation of the Planning Cannission, to make a recorded finding of fact approving or denying the application for a variance. Although the City Chde also provides certnin criteria for considering variance requests, the State Legislature has set certain standards which Ollst be observed when considering an applicant's request for a variance to any ordinance. These standards are contained in M.S. 1462.357, Subd. 6(2), and are quite specific in nature. The primary consideration is that variances should be granted only in instances where strict enforcement of the ordinance would cause "undue hardship" because of circunstances unique to the individual property under consideration and where it is demonstrated that such actions will be in keeping with the spirit and intent of the ordinance. The statute goes on to def.ine "undue hardship" as meaning: 1. The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. 2. The plight of the landowner is due to circunstances unique to the property not created by the landowner. 3. 111e variance, if granted, will not alter the essential character of the l~cality. . . Mayor, City ChuncH and Planning Caunission 'Novmber 3, 1987 Page 2 It further states that: "Econanic considerations alone shall not constitute an undue hardship if reasonable use of the property exists under the tenns of the ordinance." In order to qualify for the granting of a variance, the applicant IlI1st show that his situation meets all three of the elements set forth above. Taking each one of the elements individually, the first barrier for the applicant to overcane is to show that his situation is "unique to the individual property." In other words, is the problem he faces with developing his individual property different fran the problems faced by all other individual property owners in the area? For instance: 1. Is the size, shape and intended.use of the property by the applicant different fran the size, shape, and use of all other properties in the area, or do other property' owners in the area have the same or simi lar problems. considerations, or . difficulties in the use of their properties? 2. Would the granting of a variance for this particular applicant set a precedent that would require similar treatment for other applicants in similar situations? If so, and the governing body feels that such treatment is justi fled, then perhaps the ordinance itself should be changed to accommodate the situa tion. Q1ce the "uniqueness" of the situation has been demonstrated by the applicant. then the next test is whether or not the existing situation inposes "undue hardship" upon the applicant. In order to demonstrate that "undue hardship" exists, it IlI1st be shown that: . . 1. The property cannot be put to a reasonable use under the condi Hons of the ordinance. The question of "reasonability" is a matter of fact for the governing body to detennine. For instance, accepting the premise that a garage is a necessity in Minnesota, can the garage be "reasonably"put on the other side of the building, where a variance is not necessary? Or, given the size, shape, and location of the property. can it be put to a "reasonable" use for ,sane purpose other than the construction of a private residence? As a swinming beach? As a dock area? . ." . . Mayor, City Council and PI8JUling Caunission ,November 3, 1987 Page 3 2. The 11 t of the landowner is due to circunstances uni e to the yroperty not created by'h msel. For nstance, d d the appl cant purchase the property at a time when he knew, or should have known, that it did not meet the bui Iding standards required by the City? Or, if he is a long-time owner, did he subdivide the property at sane time in such a way that an unbuildable parcel of land was created? Or, did heat sane time locate a building on the property in such a manner that it could not be added to at sane later date without a variance? 3. The variance, if granted should not alter the essential character of the locality. Are there lots of similar size and shape within the inmediate area presently being used in the same way that the applicant desires to use his lot? Will the building he proposes to construct "fit in" with the other bui ldings already exist ing in the neighborhood? Can the surrounding property owners reasonably complain that the applicant's use of the property.will differ greatly fran theirs and thereby cause a diminution in value of their properties? Furthenmre, it nust be remenbered that econanic considerations alone will not consti tute an undue hardship if reasonable use of the property exists under the tenns of the ordinance. For instance, is the applicant requesting a variance because It is cheaper to build an addition on the' east side of his house than on the west side? Or, is it less expensive for him to expand by building to the property line rather than adding on another story or putting in a basement? All of these factors must be considered in finding a si tuation which involves "undue hardship". Finally, it must be demonstrated that granting the proposed variance will nevertheless be in keeping with the spirit and intent of the ordinance. For instance, if the purPOse of the setback requirement is to. provide a view of the lake, and the variance, if granted, would block out a view of the lake, then a granting of the variance could be considered to be not in keeping with the spirit and intent of the ordinance. It should also be reneni>ered that any grant of a variance should be consistent with the intent of the zoning code and not result in the construction of a dwelling out of.character with the existing neighborhood. Furthenmre, an approval or denial should be consistent with approvals or denials of similar requests. . . Mayor, City O>uncil and Plaming Cannission November 3, 1987 Page 4 The Minnesota Supreme O>urt has stated that "lnaSIIUch as a variance allows a property to be used in a manner forbidden by zoning ordinances, the applicant for a variance has a heavy burden to show that the grant is appropriate." Luger v. City of Bumsville, 285 N.W.2d 609, 6~2 (Minn. 1980). It is hoped that these comments will be of some assistance to you in making your determinations. Please call me if you need additional information on any of the above or if I can be of further assistance. . . MAYOR Robert Rascop COUNCI L Jan Haugen Kristi Stover Robert Gagne Barb Brancel ADMINISTRATOR Daniel J. Vogt CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236 MEMORANDUM TO: PLANNING COMMISSION, MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 27 SEPTEMBER 1988 RE: NOEL WOOD 2ND ADDITION - PRELIMINARY PLAT FILE NO.: 405 (88.39) BACKGROUND Mr. James Emmer has requested approval to divide his property, located at 5570 Covington Road (see Site Location map - Exhibit A, attached), into two lots. Due to the irregularly shaped lots being proposed, the division has been submitted as a formal plat, at the direction of this office. The property is occupied by Mr. Emmer's residence, is zoned R-1A, Single-family Residential, and contains 126,566 square feet in area. The site is characterized by a severe drop in topography, approximately 82 feet, from Covington Road to Christmas Lake. The proposed division leaves the lot with the residence with 82,581 square feet of area. The southerly lot will contain 43,985 square feet of area. The two lots will share a common driveway. ANALYSIS/RECOMMENDATION A. Noel Wood 2nd Addition. Last month a similar request was approved for the property immediately south of the subject site (see Tracey Addition). The staff report for that request pointed out a number of problems associated with gerrymandered lot lines and irregular-shaped lots. Despite its shortcomings the Tracey Addition at least displayed some concern for creating a reasonable buildable area for the.. new lot. Not so with Mr. Emmer's proposal. The lot tapers drastically in width from the front ,building line (134 feet) to as little as 70 feet. After side yard setbacks are provided the buildable portion of the southerly lot is as narrow as 40 feet. Nevertheless, the division does technically meet all requirements of Shorewood's current zoning and subdivision regulations. It is with considerable reluctance that approval is recommended, subject to the following: A Residential Community on Lake Minnetonka's South Shore t Re: Noel Wood 2nd Ad. Preliminary Plat 27 September 1988 . 1. The applicant must submit a final plat within six months of the Council's approval of the preliminary plat. 2. The proposed driveway and drainage for the new lot should be subject to review and approval by the City Engineer. 3. The applicant will be required to pay one park dedication fee prior to release of the final plat (credit is given for the existing house). 4. The applicant must submit an up-to-date title opinion (within 30 days) for the property, with his final plat. 5. The applicant should advise the City Clerk as to how he wants sewer equalization charges for the new lot assigned to the property. 6. Approval of the plat should be subject to the recommendations of MNDNR. B. Discussion of Irregular-Shaped Lots. At its last meeting the Planning Commission requested that the next meeting should include a discussion relative to irregular-shaped lots and gerrymandered lot lines. If anything positive is to come from the Noel Wood 2nd Addition. it is that it provides an excellent example of how land should not be developed. Following are general comments. highlighted with specific references to the Noel Wood 2nd Addition. 1. Irregular-shaped lots evade the spirit of minimum lot area requirements. resulting in undesirable density and forcing lots where none were intended. In this case the existing house is centered on the most buildable portion of the lot. 2. Lots which are substantially narrower than adjoining lots will not accommodate the same type of house as the wider lot. This can affect the character of the neighborhood. 3. The shape of individual lots can render portions unusable for providing adequate separating distances between structures. Side yard setbacks become meaningless along gerrymandered lot lines. In this case the existing house and the proposed one form one long visual mass as viewed from the lake or the street. The effect is compounded when coupled with the Tracey property to the south. 4. Irregular-shaped lots disrupt continuity of open space. The scattering of structures can result in views being obstructed in several directions. 5. Lot lines should be platted perpendicular to straight streets and radially from curved streets and cul-de-sacs. 6. Lot lines should be perpendicular to contour lines for purposes of drainage. In this case the drainage from the existing house will run right through the proposed house location. Drainage easements are worthless unless considerable site alteration changes the course of surface water runoff. - 2 - . Re: Noel Wood 2nd Addition Preliminary Plat 27 September 1988 . c. Potential Solutions. The Noel Wood 2nd and Tracey Additions have current zoning and subdivision regulations. suggests the following potential solutions. pointed out weaknesses in our Preliminary research 1. Require a minimum width at the shoreline as well as at the front building line. 2. Require the minimum width over more of the lot than just at the front building line (e. g. the minimum width must be maintained for some minimum portion of the depth of the lot - say 40 feet). 3. One resource suggested not allowing any portion of the lot less than 30 feet wide to be used in computing the minimum lot area. Given Shorewood's large lot .sizes. this may be too restrictive in many cases. In the case of Noel Wood 2nd Addition this requirement would be ineffectual. The solutions in.t. and 2. above might better address the problem. 4. The City should adopt design standards relative to ger~andered lot lines. lot lines perpendicular to contours and streets. etc. It may be useful. in terms of flexibility. to incorporate such standards into the Comprehensive Plan and amend the Subdivision Ordinance to require consistency with the Plan. It is recommended that the Planning Commission set the first meeting in November for a public hearing to address the matter. After further research. this office will prepare proposed amendments for consideration at that meeting. BJN:ph cc: Dan Vogt Glenn Froberg Jim Norton James Emmer - 3 - ; SEe.. 25, TII7,R.2:3 ~\Jbiu;t 5it~' 'ndicat.. J LN. . . unI... other.i.. aot.d ~V y ~'" ~ <.... V ... tJo~th 0- ~ ,j,it '" ,l'O i ) I / I )/ ~ / i - :-"\ . . rJ ()~ . c, @ S't =1 r-L..; I ~ I,l S i ~y.f- I ..~._. c.ot.. II .....ia .. ...-.~~ .... ~ ." _...., II." III ...,...... _. in tllit ... Exhibit A SITE LOCATION Noel Wood 2 Prelimi nd Addition nary Plat " ......... '*1. ~ ====-- -- " , \ \ \, Pf2~LIMJN~I2Y FLAT O~: NO~L . t ~ \\/.. ~'. \. 0)" ;j' ",\ ~" ~y~ \~~~ ~ ~ "v"': H ~ ~)~II I ~~iH!! g "xu:' ::: :: " .,,"'EEE: ~o Ii 'it...o1H:: .1 . \ .:....i ..........1 . 'i ..:I..llln ..,......, , .. I" 000.. I 1~1.."'= ~. i ~n-::-':--~~ .. ..;:08:3 :: 0" ""Ill:!: o f9.;... ~ t"'o1SSS ...11...... lr - 01 ... .. l:1 ~ .. _ t 01 o n :: !U'O . 1Cl ..- =!.;. ....." ii~ .... :" 1\.. J/ t-'I<t: LI J"IIIV.I rL1-41 VI-' WOOD 2N~ ~DDITION NO~L J.l i:'>> € L 1". 'J/)' J f - ~ REVISIONS _~_._~_..!f.l~ .. ---- 1:1(0 .---- .-- ." ( CEAnFICAnOl>l ~ ..-..-................ ,.....- _..~. .', .... '.,'. ..' . -.. -~.. ... ...... ....... SCHOELL . MADSON. INC. E,..QINEERS . S",R-"EYOq~ D' ."fllC'Dc:. . I;, -, "C'c:."""\:-, CLlE"" SQUCE CONS ...,.... r,.....- . ..... Exhibit C RELATIONSHIP TO TRACEY PROPERTY ,..- . Sept. 30,1988 Planning Commission City of Shorewood Dear Sirs, Regarding your request for comment on the proposed lot division at 5570 Covington Road I contacted Mr. Emmer to review his proposal. After viewing the survey and walking the lot lines I am convinced that Mr. Emmer's proposal is reasonable and in no way detrimental to the neighborhood. Among the several particular advantages of this proposal are; the location of the building site and the use of a common driveway require no clearing along the street preserving the "woodsy", uncluttered appearance of Covington Road, and the building site is in a brushy area minimizing damage to the numerous mature trees. Therefore as one of Mr. Emmer's immediate neighbors I urge the Planning Commission to act favorably on Mr" Emmer's proposal. Sincerely, ~ Walter Jones 5520 Covington Road Shorewood, Mn. ~_~~~'(!f~/ ~ L,~~ /e- Lj-8B Ifr- . . . . Robert Rascop COUNCI L Jan Haugen Kristi Stover Robert Gagne Barb Brancel ADMINISTRATOR Daniel J. Vogt CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD. MINNESOTA 55.331 . (612) 474-3236 MEMORANDUM TO: PLANNING COMMISSION. MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 29 SEPTEMBER 1988 RE: HEGSTROM. ROBERT - C.U.P. FOR ACCESSECORY SPACE IN EXCESS OF 1000 SQUARE FEET FILE NO.: 405 (88.38) BACKGROUND Mr. John Arnott. representing Robert Hegstrom. has requested a conditional use permit. pursuant to Section 1201.03 Subd. 2.d. (4) of the Zoning Code. to build a storage building which will put the total amount of accessory space on his property over 1000 square feet in area. The property. located at 27820 Island View Road (see Site Location map - Exhibit A. attached). contains 67.360 square feet of area (1.55 acres) and is zoned R-1A. Single-family Residential. The proposed building is 12 feet in height and measures 14' x 20' (see Exhibit B). The building will be located approximately 65 feet from the front property line and 27 feet from the east property line (see Exhibit C). The building will replace a similar sized building and is to be used for storage of lawn and boating equipment. ANALYSIS/RECOMMENDATION Following is how the applicant's request complies with Section 1201.03 Subd. 2.d. (4): a. The total area of accessory space (1115 square feet) does not exceed the footprint size of the house (3108 square feet). b. The total area of accessory structures does not exceed 4000 square feet (10 percent of the minimum lot size requirement for the R-1A district). A Residential Community on Lake Minnetonka's South Shore 9 , . . Re: Hegstrom. Robert C.U.P. for Accessory Space 29 September 1988 c. The proposed building complies with the setback requirements of the R-IA district. d. The proposed building is in keeping with the principal structure (see Exhibit D). The gable roof and cedar shakes are considerably more similar to the house than the existing "lumber yard shed" is. Based upon the preceding. it is recommended that approval of Mr. Hegstrom's request be granted as presented. BJN:ph cc: Dan Vogt Glenn Froberg Jim Norton Robert Hegstrom John Arnott - 2 - 'EG..31,TlIl R.23 21.: 200 400 @ feet . ! ... ,!No(t~ "t L.~u.c.. 1"'\, t\t\t.t,,(\~6. CITY " I "",_. ~LJl:)~ut 6.,t~ ,/. ..' ~ . t\"~ ,. ~\.} \.~ 5 . -~ II. //1." I Cl<f) II I Lor 4 At/[J. SUDa $ 24-7 I~ 'it I~ ... I ~ ... ~ '" I -..... 2tJD.F.74-".' @ '" -~ .J ,J) ;- .....!. .....:.. \j'\ L '^ .. {l -1. ~ \ k u \, ~ \ I " ~- ~ \, . , - ./I 1"-.. ~.. _.. ~ ~ .. \J ',-c Q " \. '" 10 '-"':\ -r I I i "I I ! ....1 t .. ~ -~ " c;:o.... - .. ...-: ~ I -1l~ : ~ >- -", 4i. ~ ,.. C'l 1~~ B ORAGE ~::IID ~ ~ PROPOSED ST -. "'11. ~ <:. =:1:.. .. ~, I . . ~, " j., , ., ~ 11 -i i .t " t, _.~ ,- ..t ,11 ~t ~<p ~1 tn \~ ti I " . "- \ . ..;;", fi i ..... -' ....~ : I", ........ . I I I , , I .... I I ... , " , .. .- -. . ... ". . , I r .., -, I ::i - . .., ........ ,- 1- I Ii ,t ~t l:.' I ; . I , I I I .., -', .. r' I' I' 4-t I' , I . I , , " .t. .., .~ 11- t;\ '--' ~ I " .' . . . I ~ t . ~ .... .... .....f i .\ ./ ., Jl~f ~ 1 't,o If 1 . I- I~ / Exhibit D PRINCIPAL STRUCTURE . . . MAYOR Robert Rascop . COUNCIL Jan Haugen Kristi Stover Robert Gagne Barb Brancel ADMINISTRATOR Daniel J, Vogt CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD. MINNESOTA 55331 · (612) 474-3236 MEMORANDUM TO: PLANNING COMMISSION. MAYOR AND CIlY COUNCIL FROM: BRAD NIELSEN DATE: 26 SEPTEMBER 1988 RE: KRAMER. ALLEN - VARIANCE TO INCREASE '!HE NONCONFORMITY OF A NONCONFORMING STRUCTURE FILE NO.: 405 (88.41) BACKGROUND In August Mr. Allen Kramer was issued a "stop work order" for adding on to a nonconforming boathouse located on his property at 4505 Enchanted Lane (see Site Location map - Exhibit A. attached). Although in his request letter (Exhibit B). dated 9 September 1988. he refers to the work as being "in the nature of repair". the structure has been enlarged from 20' x 20.3' to 20' x 31.8' (see Exhibits C-E). Mr. Kramer was given the option of removing the addition or applying for a variance. Despite discouragement from this office. he has requested a variance. As can be seen on Exhibit C. Mr. Kramer's property is occupied by his residence and the boathouse in question. The site contains approximately 28.000 square feet in area and is zoned R-1C. Single-family Residential. The property is also subject to the requirements of the "S". Shore1and District. ANALYSIS/RECOMMENDATION A. DNa Comments. Variances for riparian lots are subject to review and comment by the Department of Natural Resources. It is worth noting that the State Shore1and Management Regulations are less restrictive than Shorewood's current zoning ordinance in that they recognize boathouses as allowable encroachments within the required setback from the lake. Shorewood only allows docks within the required setback. A Residential Community on Lake Minnetonka's South Shore /0 Re: Kramer. Allen Variance 26 September 1988 . . In discussing this matter with John Fax. MN/DNR Metro Waters. he stated that the position of the DNR is that such structures should not be extended beyond the 929.4 elevation (O.H.W.. ordinary highwater mark). With respect to Mr. Kramer's situation. Mr. Fax suggested that there are other means of correcting the problems with erosion (i.e. riprapping) without the need to extend the building. B. Variance Criteria. Section 1201.05 Subd. 2. contains criteria for evaluating variances. In order to be approved a variance must satisfy all of the criteria listed in 2.b. The applicant's request fails to meet two of these criteria. Specifically. denying the variance would not "deprive the applicant of rights commonly enjoyed by properties in the same district..." (Subd. 2.b. (2)). Similarly. granting the variance would confer a special privilege on the applicant which is denied to others in the same district (Subd. 2.b. (4)). Finally. considering Shorewood's prohibition of boathouses. the applicant's ability to have a boathouse at all is considered a reasonable use of the property (Subd. 2.c.) There is some question as to whether the structural changes made to the building comply with Section 1201.03 Subd. 1 (Nonconforming Buildings. Structures and Uses.). It is clear. however. that expansion of the structure violates Section 1201.03 SUbd. 1.b. which states: "b. Any structure or use lawfully existing upon the effective date of this Ordinance shall not be enlarged. extended. or structurally altered. but may be continued at the stze and in the manner of operation existing upon such date except as hereinafter specified or. subsequently amended." Based upon the preceding analysis. it is recommended that the 11.5 foot addition be removed. including the two I beams referred to in the applicant's request letter. He should be advised to work with the City and DNR staffs to resolve his erosion problems. BJN:ph cc: Dan Vogt Glenn Froberg Jim Norton Allen Kramer - 2 - '... ... .'-. C)\J \. PARK NO. I (Z,>) '5'''-4'' ~" I ,'-,- (to) V \. '2 .. ~or'th ~~ ,,~ I 1 @ @ r ..\X .:.J :'" .^t~ ANt\ Exhibit A SITE LOCATION Kramer - variance . . 9-9-88 To the Members of the City Council of Shorewood: We believe that we should be granted a variance for our boat house at 4505 Enchanted Lane, Shorewood HM. for several reasons; 1. That the structure has been in existence since 1952, well in advance of current regulations. 2. That the construction in question was in the nature of repair rather than new work. 3. That the extension in question was predicated on the fact that the repairs were made necessary by a crumbling foundation caused by bank erosion, and that in order to provide a firm foundation it was necessary to drive pilings and add I-beams. 4. In order to protect the pilings and I-beams from the elements a 10 foot extension of the structure was necessary. The additional 10 feet does not in any way interfere with anyones free passage nor does it in any way prevent the free and unimpeded use of any adjacent property. We did not realize that for such repair work a building permit was necessary, for that we apologize. We hope that the council will reflect on the stated facts and grant us the requested variance. Sincerely, Allen and Elaine Kramer d~/;kJ/)JmtV ~J#~ Exhibit B APPLICANT'S REQUEST LETTER Dated 9 September 1988 . ~4J ~o~~ \J o!, ~ l ~ .~ ~I 0 ~~~ ~ .' 1\ .~. .... ~~ '!r~'~ ~~ <<,~ , \" SC~\..~' " ~ 1;0 I ~ , ~"'... , . " . . . . . ',. .. . r-...... , ~ " ~ ~ Exhibi t C y PROPERTY SURVE ~ ~ ~ ~ . . ~1 i~ .~ '" ~~ " . - - ---.-- --- - - - - ---....;. $1 ~ S6~ .~k ~ .1 .~~ ~ , ~ 1<. ,'~ >i " ~ " ~ \1 ~~ ~~ '\ , 'I ~ ~ ~ ~,~ 1~ \\ .~\ ~ ~ Exhibit D FLOOR PLAN ) ~ ~ .~ , U) ,. --- " ~ ~\ \l, . 1< . " ~~ .-:, d (1).- ~ ----------- " ~ ~ Exhibit E EAST ELEVATION \. .~ , ~ (/) -~ ~ ~ ~ ~ ~ '" ~ . . ~ o ~\.t .~ " ~ \J ~ II (f)~ -.:- N , ~ 4\1 ~ Exhibit F NORTH ELEVATION (Lake side) 4 . . ~ :~ \::: ~ \l, ~ \IJ ) \u Q -> ~ ~ ~ \q ~ $ '9 .- U) ~~ I .... . , ~ IC~ ~~ a J r ~ .~ . ~ ~ ~ ",.8/. ~ Q ~ ~ ~ ~ ,oE SJ,.Stld Ex ~ ~ '" " ....... ~ ~ It <i>~ hibit G TOPOGRAPHIC PROFILE . . TO: Planning Commission of the City of Shorewood FRJM: B. Bjur - 4495 Enchanted Lane SUBJECT: AI Kramer's Boat House I am AI's neighbor, to the right of his boathouse living in the nearest house to his, with "water" and a "beach". I have no objection to his rehabilitation/expansion of his structure. It is tucked neatly into the corner of the lagoon with no sight line or waterway restrictions. It looks a lot better then it did and better than a lot of boat awnings/covers around the lake. Thanks B. Bjur Vlti: < r fr ,- . MAYOR Robert Rascop COUNCIL Jan Haugen Kristi Stover Robert Gagne Barb Brancel ADMINISTRATOR Daniel J. Vogt . 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 SEPTEMBER 1988 RE: MELOCHE - HOUSE MOVING PERMIT FILE NO.: 404 (Moving Permits) Mr. Leo Meloche has requested a moving permit to remove his existing house and garage located at 26120 Birch Bluff Road. He proposes to relocate the buildings somewhere in the northern metro area. Section 1002 of the City Code regulates the moving of buildings in Shorewood. The Ordinance addresses three major concerns relative to the relocation of structures; 1) ensuring that buildings comply with building and zoning requirements; 2) ensuring that the mover is licensed and bonded; and 3) traffic and safety along the moving route. Building and zoning requirements are moot issues in this case since the building will leave Shorewood. The state handles the licensing and bonding of house movers, making the City's requirements unnecessary. An ordinance amendment to that effect has been prepared by staff and will be presented in coming months. Mr. Meloche has contracted with Stubbs Building Movers. Mr. Stubbs is a very experienced and reputable house mover, with whom our experience has been good. The staff has field checked two possible routes for the proposed move (see Exhibit A, attached). First we looked at Birch Bluff, west to Grant Lorenz, south to Smithtown, east to County Road 19, then north out of Shorewood. This route presents a number of locations where trees and power poles preclude this structure. The second route, while longer, presents less difficulty. The house would be moved west on Birch Bluff and Edgewood Road to Howard's Point Road, then south to Smithtown, east to County Road 19, then north out of Shorewood. There are a couple of locations which are tight for the house. Subject to determination by the City Engineer, it may require that the eaves be cut off the house. The applicant and mover have been advised of this possibili ty. A Residential Community on Lake Minnetonka's South Shore . . Re: Meloche, Leo House Moving Permit 30 September 1988 They propose to move the buildings the week of 10 October after the Council meeting on 11 October. The initial move would take place at 9:00 a.m. or later. The buildings will be parked until 1:00 a.m. at which time they will leave the City via County Road 19. We have suggested that the applicant ask the American Legion to use their vacant lot on Smithtown Road to park the buildings. BJN:ph cc: Dan Vogt Glenn Froberg Jim Norton Leo Meloche Bill Stubbs - 2 - . . . ~~~ I ~ \ j~LJ~~J"~ ~'1fI'o~~r '~.~ ~ ~ i; ,rJr-------,f'\ ~ = ~,~ ~~". R ~ .0 :M . (f7 __ \ ,~~~.L! "~ia ; -:::7. ~ --~ ~ - I-~. ,\0\~ ! ~ . · ~,,~, -= '1 ,JIu ! o Ii., r '" ~. ,. ::7':::: I =:t i UJ 1: I .,... ~..... I ..LX : - ~~ ~ fir ~~ ~/~.:::::::~. .:a - ! ___',__ ~ ~::I ~ ~ ~~- '/ .' ,...... llf. Ui ! _ ~~;... ~ U v Ii!ii · ~J c'! r r'\ -", : I o ~ ~ · \ TT ....... 1"1 T I 1--1-. ..~ !, ~ ~fIi ! \ ~ -'" coi JCEi! t'-. "" ~ ~...., _ _ " ; ..), I I' --.,--'7 V\\\ ~ C · iii'J _ L. I ~ ~ :h V t-::-~-I'\."". ' ..... ... ~i '~.\ -'. . · ~ tjlf-.. n~m:;l_~m'-~ ,r::~:.:: 1......1==-=.. ...=. . ---- ....j~i~-.. .--;: -.l r-~ l~~""'''''' t==---'r-- =-.11 .-..\\ I S a - . ~ i . ....... q~\ ~:IlI - 1""""1--,1 ~ i . -::::':'>~~___.~\ i I'L"'" c- '~'" ~ " \~:1\iiil5 -.--;~ ~ r- ---~__~ ( ~\~.. '''.\.:\ ~ _i ~~~~~: ~ LI ....-}.r;-- ~--- ~ :1' . 'r: ~\ _ ~." I . ~ i \,~~~ -~o; J...., ! .............!':'...., ~ ~ 'I ~ . '\ ........::! ~J: I hn ~ ) L~, '/ ~ - 's 1 'I -% ,,", '. .. '-"" 11\1. · L..<>.:.\z.. r-, I ~ I '" I 'ft- -1 \. . '---'--~.:r... I-r-I'11 .,).;.... ...~!I.....I..l...i"l;; ~. ~--.: '-E-..-t-Oo-'L' ; J Y1 I I I ~"~~"'I:5 -- ~-. ~,r, · I" ,,~w I II .....::If ~ 'L ',-;r "-) E I '\I~:H~~:' . ~I ...!VT' ~-..,.- t:j '~ i! ~:.:\. 'r- ........1 ' J I I I rn ~, ~ ...... '- ....... I I - ~, ~ ~ \~ =3 .~ J · - -:: - 0- I ; ~ '\ : I~J -~. \ ~~ = ..._,___~ ...... :r::-:- ~ C:l.~ 'I ~'" CIll''', 1_ ~ ~.. - , II n -~---------~ \U '. 1 I I ~ ~ r-t1-u ~ ,j~~':~:'~' ~ \ I ~I. ~~\ici~"I~i'_l~~.)'~ /.~.. :z: :- ~ I~ ....,..., it .. & / d .~! - '.... -., , 1\' h . '~? ! ~ 'ti ", ~~. ,. -.J -< I.(~ , .Yu ~~)L ! !" '-"c.l !'II j'nl I i I iN} ,,=1.1" " . .r' . . MAYOR Robert Rascop COUNCI L Jan Haugen Kristi Stover Robert Gagne Barb Brancel ADMINISTRATOR Daniel J. Vogt . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOODr MINNESOTA 55331 . (612) 474-3236 MEMORANDUM TO: PLANNING COMMISSION. MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 31 AUGUST 1988 RE: TOBIN. GREG - SETBACK VARIANCE FILE NO.: 405 (88.32) BACKGROUND Mr. Greg Tobin has requested a setback variance to build a garage on his property. located at 4960 Rustic Way (see Site Location lP.ap - Exhibit A, attacbed). As can be seen on Exbibit B. tbe proposed garage is 17.8 feet from the r.o.w. of Rustic Way. Required setbacks are illustrated on tbe surveJ\ The current R-1D zoning of the property requires a 30 foot setback for a side yard abutting a street. The applicant requests a 12+ foot variance. Exhibit C contains the applicant's request letter. ANALYSIS/RECOMMENDATION Variance requests must be evaluated on the basis of Section 1201.05 Subd. 2 a.- c. of the Shorewood City Code. While the applicant states that the garage can not be located within the buildable area of tbe lot, there appears to be ample room to tbe north and west of the existing bouse. The alternative location sbown in dasbed lines on Exhibit B not only comples with R-1D setback requirements. it results in a better driveway location. Where tbe applicant proposes to build the garage it will be extremely difficult to maintain the 40 foot spacing requirement between the intersection and the driveway. As illustrated by the alternative location. tbe applicant's'variance request fails to meet a basic test for variances. Specifically. a garage. even tbe oversized one proposed by tbe applicant. can be located witbin the setbacks. Thus. reasonable use of the property can be achieved witbout a variance. cc: Dan Vogt Glenn Froberg Jim Norton Greg Tobin A Residential Community on Lake Minnetonka's South Shore I~ --~-1l' .. -"\ \ \ u ~ "" . lI) ~ () 'to ~ \t t\I . . \.'.;i -,0.'- ".(7100'\ ...... _', 'I (\; 1 C'~ "~~J. J. ~... ~ ~:sa ~~ ~~ . . t) D . 23 ' ... G ~"l6:~~:~~~i u__.._.. SITE LOCATION Tobin - setback va . r1.anc e (....JMI;~f1L ,t)~L. . . ...__. '''''"l'l~) . ,):~;~J ~. .'/ c:. .. it' , \ 0" . O..;;il". - _ _ . ,.,.#Jr/h fin~ ,,/ LDls 1.7, /.8,~:/~,:..,. ' _...%~,.s5.-" ", r- \. t-..... t r, ,,~ '" \-"" I .~ .. ~'\- ::"..... ~\t\ .: ~,~ ~. ~-"" . \. .., "'_ J r, ,J "\ \-"" ~ "\ \, --, j r -"8+~-' - ;..: " ~. '. -",;. --=-"""'"...... I...... ~, \ .i ~ \ ~ "- ~. ~ 1< i '\' ~.. " . " " ~ \h .... ~ N~'. '~.' '" '\9 "!' ~ . ~ :r.. 1 "~ \ , \. ,~ ~ '" ~ \i 'w\ ...., ~~. : '~~~ . !-j. ':'-- 4 .-'_' ...., ,'_-! .:,. " ",:: "'1~, ,.- ~5' 11-_~ -'.''''- , , o ot 71,s;. 3D' p '. '- '- N~.15""___ . "r -.., /$4.;.Y....._ ...... /-f-... . .. ~: ........... FOREST _...- -- ....:. " DRiVE ~ '.. . r-'~ I ,/ ........~..'.:........... . . - . . -. . .. .." '." ~ ~ - ~ -, :...-;.... ," .". . " ':r- ~~ - . - . - .:.' - _ . . , ~":')'ib .j~klt~~i~ ,". . .,. ..... \...A _ ~:, ",,;' ~-- ( .-:.. '.' ':' .... '. .,' ~:'. ~ "'. ~ " : ' ',' ,j' ~ .'~ .' 't\ ~ " , ! , ... ~oV+h >- ~. ,~ u - .... (f) :) 0: , l :< Exhibit B SITE SURVEY F~ ~~</P;h?7 ~ :.. : Itk C4e ~~ a~~-<-..~ :~~,da.~ ~~~~~ :~~~~~ ~~.L~u/J ~ ~~ ___d ~~~~~, ;7hp~~ ~ ~ .M:Ld~~~ !,~"~ J:z ~ ~- ~~I ~~z~~_~C~l/~~J~ ...... -.. .~ ~ ~ ~ ~. ~..v-R-~ ;~~~~. ~ ~- ~ ~~ " - ozI.~w/A~,~~~ .~ur-/~c/~~~~~ , ~~. Ap.L./~". '. ~ ~a~ ~ ~-&aUa-~_ ;.. U:-cYn :da.~ .....I~.<Y8?a12~~~/-~~~ l~~./~, ~~ ~~ ~ I~~~~~~ ~~L~ ~~~6#~' cI~~.- I~~~~~.~a-.'~~ !~d ~A~p ~4Ad~~. ----...----- .' r~~ C~_ ~;e9~~ ~~ -da-~~ - ~cI~=~-~U~ -... .'- --I~,.~~a~.~~~~~~~~ - .....~~~~. :r~ ~A~ /\-\-.....~-I~ ...f/..~..~~~~~'-~ Exhibit C APPLICANT'S REQUEST LETTER . . UJ. 1'" 4'~ ~.() <:(.1 >.:J- . " :zit: o ..... ~ )0 u.t 1~ "1 i .) I 0.. Q . i ; . :1 +-- ---- I '-1 i,...4 +-- tll-:~- ~ ..J. ~ ~ I - OJ ..i ~ /. I ull': <T!5 I 11.~'1 ~.q- : ~>< ,I ~~:, " ..~Sji~J " -e"1 ~1 ...- \ ..,~. '-'! " :;r"';'J'h:~~:' , ;:~':"l;.i~~. ~if.' ....... ' .' T" I r:' :r;1- ~)' , . , '>' .uQ-, f7'1 \c' '" ~ I . :r a t ~ - ')( , Q I ~ -----, I I I' I I I I I I I ------4 ~ ,." \$\ ~ r ~, -' to tC'\. \ ~\ ... 4-. lira . -;.~ 1: I .. ~A ..' '.-' . ~ p - " .7 .) tf }~ ~ <'4 .. " , " Exhibi t D BUlLIllNG PLANS ~ . . fin ~(p- II? -:)...) -1'1- oo~o gd fDu&.- 208115 Sdr.wik ~ SEP ,,',-' 1988 cp __ ;] 0 -- t?y i~ ~ 55881 0 ~~) ~r(~ ~ to ~ f/~ QJI- ~9"o ~ W~ fJk ~- L,-I-s- )1/ /,f ~.7~ ~ ~.iU ~ U~. I CD W~. ~~ (!)..j~ p...... ~ ~ #- ,~~~~~ "# ~ ~ cfl-~~fl ~ ~ / fAJ~ t:Z;;.~, 6J /-Jrv-u- J..-l..t:k- A-6 fJwuC- ffi,.., /J... ~:r~ ~ I... \.J-.----~ - S(!) no- < ~~ (' -..., jI/~...vu- ~ .j/ /1/ t () 2-.r ,v- '/7 tf )/7' 0 f " . . MAYOR Robert Rascop COUNCI L Jan Haugen Kristi Stover Robert Gagne Barb Brancel ADMINISTRATOR Daniel J. Vogt .. CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD. MINNESOTA 55331 . (612) 474-3236 MEMORANDUM TO: PLANNING COMMISSION. MAYOR AND CI'lY COUNCIL FROM: BRAD NIELSEN DATE: 27 SEPTEMBER 1988 RE: TOBIN. GREG - SETBACK VARIANCE FILE NO.: 405 (88.32) At its 6 September meeting the Planning Commission directed Mr. Tobin to submit a new survey showing existing trees. topography and roadway locations. These were all factors referenced by Mr. Tobin in requesting a setback variance for his garage. He has now submitted such a survey (see Exhibit A. attached). An alternative location recommended in the 31 August 1988 staff report is also shown on the survey (A) as well as the required setbacks and a potential driveway location. As can be seen on Exhibit A the previously recommended alternative would eliminate three large trees. Three smaller trees (6" Maples) could be relocated relatively easily. While the existing topography would allow a driveway with less than a ten percent grade. this could be lessened to six percent with approximately two feet of cutting. The new survey suggests an even easier alternative (B) which meets the setback requirements but requires considerably less site alteration. Although this alternative would require some modification of the existing retaining wall. it is likely to be less disruptive than alternative A. Plus the existing driveway can remain where it is. Given these alternatives it is suggested that the applicant can make reasonable use of his property without a variance. cc: Dan Vogt Glenn Froberg Jim Norton Greg Tobin A Residential Community on Lake Minnetonka's South Shore J~ i f I I I i I I , ,I \i .. I . '. .. \ I I I I I i I , . . \ i ;. 1 ~: ~ & \ ""\ ~\~ ;'~, 4..;, . ", , ~ ~ ~~; .. . . l: .. , .. 'l..'f ~ if .. 'f ,", I ~ .: ,~^ ...>t_~'O" ..... . - - "- --------"',..- -~~- '-'-'''''-, ""'--- -------;U -:-;-;j ili~n~ / -------Jiii:.I^Q ~"""""'-7 -l.'5lM _ --""- :---.", ". ~ ' ,1 ~. ~________ __ ". r --....... /'"' :.N , . l;2(' ~ /" · 'S iN, . _ .. ......-. ~^~- .... 00 If,,,,,, ll.o r"\ f\ ~~\ .- I ('.... i ......) / l ~ \";. '> ~..- t: "c. , ! I.... 1/l. .... ~ ..... .. l , !C' .\ .-~.,\-/ ./ , ! . . f )- , 't .... , , 10. I '\)' ,,~ ~~L [" ~~~ · ~~~ -.-Lt>--- - . .-' ~ "1\ 'f. aj ~j' € t 4.~ i I / ~ J " {I ~ ") '" .., r' ", , ~.",SI < "'... i~~ "o~ I~ :-~ () I [;, c~ -l-- '. - ... . . .. , .J <: ~ '1' '. ,.. f L"~ , ~ / /-. 4 I -t : ~~ ~ ..... 6 eLll \;J I - .l"i I' r..1 .. ":t' ~ I I .. "" ... ...s:l io:~J~ ;tJ" .!~ - J'J t . .'i i 'i., III -1)-: Ji !o" 10. lik~ ~jf l' . ii, j 1 JII ~ , {lll f" ;- I i l ~ -I ~ Exhibit A REVISED SURVEY Tobin variance &; \' " MEMORANDUM . . MAYOR Robert Rascop COUNCI L Jan Haugen Kristi Stover Robert Gagne Barb Brancel ADMINISTRATOR Daniel J. Vogt CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 . (612) 474-3236 TO: MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 6 OCTOBER 1988 RE: STRAWBERRY FIELDS - FINAL PLAT FILE NO.: 405 (88.03) In June the City approved a preliminary plat for Nanci Strickland-Balogh. A key issue in the review of the plat was the restriction on sewer connections by the MWCC. While the staff is relatively confident that enough sewer leaks have been corrected to free up additional connections. we have not received formal approval from the MWCC as yet. Ms. Strickland-Balogh intends to construct the improvements next spring. assuming sewer connections become available. In the mean time. it is important for her to sell the lot upon which the existing residence is located. Understandably she does not wish to put up a letter of credit to cover the costs of improvements when the improvements can not be constructed for six months or more. To resolve her problem. and in light of the current sewer restriction. this office suggested that the final platting be done in two phases. Exhibit A shows the initial final plat. The lot with the house on it has sewer service already and could be sold separately. The remaining portion of the property is shown as an outlot for which another final plat will be submitted next spring. or when additional sewer connections become available. Exhibit B shows a final plat for the entire property. When the time comes it will have to be modified to show Lots 2-8 as Lots 1-7. Block 1. Strawberry Fields Second Addition. It should be known were being done at plat, and plans and the City Engineer. that we have reviewed the plat as though the whole project once. That is. the lots are consistent with the preliminary specifications for the improvements have been reviewed by His eamments are contained under separate cover. A Residential Community on Lake Minnetonka's South Shore /2;- . . Re: Strawberry Fields Final Plat 6 October 1988 This approach is similar to how Near Mountain is being developed. only on a smaller scale. The development agreement (attached) reflects the proposed phasing. It is felt that this will enable the applicant to proceed with her plans despite the current restriction on sewer extensions. BJN:ph cc: Dan Vogt Glenn Froberg Jim Norton Nanci Strickland-Balogh - 2 - I I I -=\~ I-- I I" .. I I I I ;; I ct ... I 1-- ,.} Lt,J ?: I ~___~ a. rW 17- s I JJ It I I I I . iii I :; ~ () ?: ~- In -? ~ ':.l iJ:: ..1 l~ .- a:: :'1: i.u CO :? c.t :r 1-- 'J: I t. IIi-I. "UI I ...., ..Wu\. ..... .' L.... ""..C .".... ....,... " . ... ,.. \..~ . I . a - ~..,: . ! .. '-' I ,......'- ........1 ,_.. .. w f'l. ~ ~".. .. ,.. t'''' \ . . . ipo".. '..... r..... ~ "'" I' EAST . ~MORTH.... ,. r. ,. ... - , . 100.00 - - ~"'1O.oo. \."\.... EAST ...l. . ~..{' L".': .' u.. w.M .." .6 '-' I r "1.....____~.!! ~ ';'0' I LO T i.....I......0-l~ ~ ..:~ . I ! l~ I 11; 1= I~ BLOCK ! \j!: I J , \" t I. 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I I L...;..I.___ ....... I.. __ _ ---1....,... I I I I I BEARINGS SHOWN ARE BASED ON AN ASSUMED OAT oDENOTES IRON MONUMENT SCALE IN FEET ~ I o 60 120 __l__J 1111& 10 FEU II IIIDTN AND AOJOIMIIG STUU LINES: AND IElNG 10 fEU IN "'OTN '"~ H.Jf:fjl-C lOT lIN[S UNLlS~ OTNUII'S[ I ht it I TE" VI THE tlA T. 1 240 I 180 ..r ~h',bit ,A~ INGS SHOWN ARE BASED ON AN ASSUMED DATUM JTES IRON MONUMENT oE IN FEET .-.. l'q c, " ~w .. la I" '. I I 5 ----., r- - - - --;G1_ - - - 7 r"OoJ I / / I IS / / I: / / I 1- (, 4 .$'/ /-1' I 0/ .t.; . ~ ; 5 I I l&.i ? Q ." ... ill' >~ II) ,- , !. ~- u) .. to') :J: 6 ,(-4. -~.' ,(.~J " r-~,.1 ~ ...i I..... ' .......'y. .' , . t~". "-~. >- ...... u.. ,.... u_ I.t ~~ l.IJ 7 "-> '-:.- '='1: ,...- u. '0" tr; I I 8 ] I ! Ii . .r I . ~ I I ': 1\.-...:' . " J:'I. "t" J:.4SS:EN :.; ~,!.(,;r., -:U;,;::;. "1 _ ~l. J I I I L _ r..-:... .... BillIG to nE.~ III 101:;'~H All::' IoDJJlf11I1G ."I~iE'l UII!..., AIID Id.ING 10 PU<1 IN WUY.'H AND IoD~illNIIIG LeI': LINE:> AS liIICni or; ,1i5 I'U'i. ........... - ---, ~ ....... .8AI8Ia. LANDluavaou.lC. ~h~b~t ~ :~ ..... .~;Z. j- ii.\~ &fir' s;;",,-. Ci I . ~ ....~. I'!.~ l'l.: ,~,. : ~t ~ itf\ ~ '..;' ... . iJ: .. ;ft' iY-" ... . '. -. \ 'va ,~ :,.. .. . .. ' ~(.:. '.,. '.., = :tr. ~ y.. ~J.i .r; -., . 17~ ~ ~... , ... ~. ~. Ii . . RESOLurICN ID. A RESOWl'ICN APPIV\TI~ '!HE FINAL PLAT OF S'lRAWBERRY FIELDS WHERFAS, the final plat of S'lRA\\BERRY FIELDS has been sul:mi tted in the manner required for the platting of land \U1der the Shorewood City Cbde and \U1der Olapter 462 of Minnesota Statutes, and all proceedings have been duly had there\U1der; and WHERFAS, said plat is consistent with the Shorewood Conprehensive Plan and the regulations and requirements of the laws of the State of Minnesota and the Ci ty Cbde of the Ci ty of Shorewood. KJV, 'l'HEREl'Om, BE IT RESOLVED, by the City Co\U1cil of the City of Shorewood: 1. That the final plat of S'lRA\\BERRY FIELDS is hereby approved. 2. That the approval is specifically conditioned upon the terms and conditions contained in the Developnent Agreement for S'lRAWBERRY FIELDS, attached hereto and made a part hereof. 3. That the Mayor and Ci ty Clerk are hereby authorized to execute the Certificate of Approval for the plat and the said Developnent Agreement on behal f of the Ci ty Co\U1ci 1. 4. That this final plat shall be fi led and recorded wi thin thirty (30) days of the date of certification of this Resolution. BE IT FtmHER RESOLVED, that the execution of the Certi ficate upon said plat by the Mayor and Ci ty Clerk shall be conclusive,- showing a proper' coopHance-therewith by the subdivider and City officials and shall entitle such plat to be placed on record forthMnth without further fonmality, all in compliance with Minnesota Statutes and the Shorewood Ci ty Code. AOOPI'ED BY '!HE CI1Y CX:UCIL of the City of Shorewood this 11th day of October, 1988. Robert Rascop, Mayor ATI'ES'l' : Sandra L. Kennelly, City Clerk . . October 5, 1988 CI1Y OF ~ RESIDENTIAL SUBDIVISICN DEVEIDHVENI' AGREEMENr S'1RA\\BERRY FIELDS nus AGREEMENr, made this day of , 1988, by and between the CI1Y OF ~, a Minnesota nnmicipal corporation, hereinafter referred to as the "Ci ty", and SIRIaaAND VENIURES I I, a Minnesota partnership, hereinafter referred to as the "Developer". WHEREAS, the Developer holds an interest in certain lands described in Exhibi t A attached hereto and made a part hereof, which lands are hereinafter referred to as the "Subject Property"; and WHEREAS, the Developer has made application under the Subdivision Ordinance of the Shorewood Ci ty Code for Co\U1ci 1 approval of a single-family residential development plat of the Subject Property to be known as Strawberry Fields; and WHEREAS, the ~tropolitan Waste Control Comnission (l\W:C) has determined that due to 1 imi ted capaci ty of the sewer system, no addi t ional sewer connections can be made at this time to serve the developnent; and WHEREAS, Developer therefore proposes to develop the Subject Property in two separate phases with Phase 1 consisting of a division of the property into Lot 1, Block 1 and Oltlot A, and Phase 2 consisting of a division of Oltlot A into seven (7) individual residential lots; and \'IIEREAS ,.the::CHyCo\U1ci lcbyitsresolution hpassed ":onJ.une.1.3,-. 1988, has approved the preliminary-plat of the Subject Property; and WHEREAS, the Developer has now sul:mi tted its final plat for the first phase of development of the Subject Property, which plat is attached hereto and made a part hereof as Exhibi t B; and WHEREAS, Developer has subni tted a Developnent Stage Plan for the entire property, which plan is attached hereto and made a part hereof as Exhibi t C, and; \\HEREAS, the City has established the policy of requiring land developers and the City to fonmally allocate between them the furnishing of surfaced streets, curbs, gutters, required landscaping, storm sewer and . . surface water drainage facilities, street signs, sanitary sewer facilities, and underground electric and telephone service lines to all lots and plats approved by the City, all of the foregoing hereinafter sanetimes referred to as inprovenents. KlV, 'lHERERlm, in consideration of the foregoing premises and acceptance by the Ci ty of the final plat of Strawberry Fields, the Ci ty and the Developer agree as follows: 1. FINAL PLAT. Developer has filed with the City Clerk the first final plat for this developoont, consisting of Lot 1, Block 1 and Oltlot A. At such time as Phase 2 of the development is cannenced, Developer shall subnit a final plat for Phase 2 consistent with the preliminary plat and the Developoont Stage Plan and in accordance with the procedures set out in the Shorewood Ci ty Code. 2. PHASE SCHEOOLINJ. Phase 1 of the development of the Subject Property shall cannence upon the fi I ing of this first final plat. The second final plat shall be subnitted to the City for approval and Phase 2 of the development cannenced at such time as additional sewer connections to the Shorewood sewer line are approved or made available by the l\W:C, but in no case later than eighteen (18) IOOnths fran the date hereof. 3. IMPlVVEVENI'S INSTALLED BY DEVEIDPER. It is understood that Lot 1, Block 1 is presently served by an existing sanitary sewer line, and no inprovenents are contenplated to be installed during Phase 1 of the developoont. At the time of cannencenent of Phase 2, Developer agrees at its expense to construct, install and perform all work and furnish all materials and equipment incormection with the installation of the following inprovenents: a. Street grading, stabil izing and bituninous surfacing; b. Integral shoe-formedbi tuninous sUl'lOOuntable curbs and gutters; c. Sanitary sewer mains; d. Storm sewer and surface water. drainage facilities; e. Street name signs and traffic control signs; f. Required landscaping. It is further understood that underground utility lines, including gas, electric, and telephone, shall be installed by the respective private utility coopanies pursuant to separate agreenents with the Developer. 4. IMPlVVEVENI'S INSTALLED BY CI1Y. No inprovenents are contemplated to be installed by the City at this time. 5. STANrWIDS OF a:NS'lRI.X:.rIrn. Developer agrees that all of the foregoing inprovenents shall equal or exceed City standards, shall be constructed and installed in accordance wi th engineering plans and -2- . . speci fications approved by the City Engineer and the requirements of applicable City ordinances and standards, and that all of said work shall be subject to final inspection and approval by the City Engineer. 6. MATERIALS AND LAOCR. All of the materials to be enployed in the making of said inprovenents and all of the work perfonned in connect ion therewi th shall be of uni fonnly good and workmanl ike qual i ty, shall equal or exceed Ci ty standards and speci ficat ions, and shall be subject to the inspection and approval of the City. In case any materials or labor supplied shall be rejected by the City as defective or unsuitable, then such rejected materials shall be relOOved and replaced with approved materials, and rejected labor shall be done anew to the satisfaction and approval of the City at the cost and expense of Developer. 7. SCHEIXJLE OF YlEK. The Developer shall sulJnit a wri tten schedule indicating the proposed progress schedule and order of carpletion of work covered by this Agreement. Upon receipt of wri tten notice fran the Developer of the existence of causes over which the Developer has no control, which wi II delay the carplet ion of the work, the City, at its discretion, may extend the dates specified for carpletion. 8. PRE-a:NS'l1U.Cl'ICN MEJn'HU. Prior to the cannencement of construction, Developer or its engineer shall arrange for a pre-construction meeting to be held at Shorewood City Hall. Such meeting shall be coordinated with the City Engineer and shall include the appropriate parties specified by the City Engineer. 9. S'lREETS, SANITARY SEWER, AND S1(R\1 SaVER FACILITIES. a. Plans and Specifications. The Developer agrees to cause its engineers to prepare all plans and speci fications necessary for the installation of streets, curb, gutter, sanitary sewer, and stonn sewer and surface water drainage facil i ties in said plat, said plans and specifications to be subject to the final approval of the City Engineer. b. As-Bui It-Plan.Uponcarpletion of- construction, Developer shall cause its engineers to prepare and file with the City an "as-bui It" plan showing the installation of the foregoing faci li ties wi thin the plat. Such plans shall be prepared in confonnance wi th Ci ty standards for as-built plans as are presently on file with the City. c. Easements. Developer, at its expense, shall acquire all easements from abutting property owners necessary to the installation of the sanitary sewer, stonn sewer, and surface water drainage facilities within the plat, and thereafter prarptly assign said easements to the Ci ty. d. Pre-existing Drain Tile. All pre-existing drain tile disturbed by Developer during construction shall be restored by Developer. -3- . . 10. STAKIro, SURVEYIro AND INSPOCI'Irn. It is agreed that the Developer, through its engineer, shall provide for all staking and surveying for the above-described inprovements. In order to ensure that the carpleted inprovements conform to the approved plans and specifications, the City will provide for resident inspection. 11. GRADIro, DRAINAGE, AND EE03Irn CXNIIDL. Developer, at its expense, shall provide grading, drainage and erosion control plans to be reviewed and approved by the Ci ty Engineer. Said plans shall provide for tenporary dmns, earthwork or such other devices and practices, including seeding of graded areas, as necessary, to prevent the washing, flooding, sedimentation and erosion of lands and streets within and outside the plat during all phases of construction. Developer shall keep all streets within the plat free of all dirt and debris resulting fran construction therein by the Developer, its agents or assignees. 12. S'lREET SI(N). Developer, at its expense, shall provide standard city street identification signs and traffic control signs in accordance with the Minnesota Manual on Uniform Traffic Control Devices. 13. ACXESS. Developer shall provide reasonable .access, including tenporary grading and graveling, to all residences under construction in the plat until the street is accepted by the City. 14. CXXlJPANCY PERVIITS. The occupancy of any new structure on any lot within said plat shall be prohibited by the City until the street shall have been graded and surfaced with class 5-100% crushed material and municipal sanitary sewer lines shall have been installed and are available to serve the lot.. for which the bui Iding permi t has been issued. 15. FINAL INSPOCI'Irn. Upon carpletion of the inprovements set forth in ParabTaph 3 above, the City Engineer, the contractor, and the Developer's engineer wi 11 make a final inspect ion of the work. When the City Engineer is satisfied that all work is completed in accordance with the approved plans and specifications, and the Developer's engineer has subni tted a wri tten statement attesting to same, the City Engineer shall recoomend that the inprovements be-accepted by. the Ci ty. 16. a:IWEYANCE OF IlVJPIOJEMENI'S. Upon carpletion of the installation by Developer and approval by the City Engineer of the inprovements set forth in Paragraph 3 above, the Developer shall convey said inprovements to the Ci ty free of all I iens and encu:ri>rances and wi th warranty of title, which shall include copies of all lien waivers. Should the Developer fail to so convey said inprovements, the same shall became the property of the City without further notice or action on the part of either party hereto, other than acceptance by the City. 17 . WARRANlY PERI(J) - 'IV INSPOCI'Irn OF SEWER LINES. All work and materials performed and furnished hereunder by the Developer, its -4- . . agents and subcontractors, found by the City to be defective within one year after acceptance by the City, shall be replaced by Developer at Developer's sole expense. Within a period of thirty (30) days prior to the expiration of the said one-year warranty period, Developer shall perfonn a televised inspection of all sanitary sewer lines within the plat and provide the Ci ty wi th a VHS videotape thereof. 18. RE8"Iat\TICN OF S'ffiEETS AND PUBLIC FACILITIES. The Developer shall restore all City streets and other public facilities disturbed or damaged as a result of Developer's construction activities, including sod with necessary black dirt, bituninous replacement, curb replacement, and all other items disturbed during construction. 19. REIM3URSEMENl' OF <nsTS. The Developer shall reimburse the City for all costs, including reasonable engineering, lebral, planning and administrative expenses incurred by the City in connection with all matters relating to the administration and enforcement of the within Agreement and the perfonnance thereof by the Developer. Such reintJursement shall be made within thirty (30) days of the date of mai ling of the City's notice of costs to the address set forth in Paragraph 26 below. 20. CIAIlV5 KR \OlK. The Developer or its contractor shall do no work or furnish no materials not covered by the plans and speci fications and special conditions of this Agreement, for which reintJursement is expected from the City, unless such work is first ordered in writing by the City Engineer as provided in the specifications. Any such work or materials which may be done or furnished by the contractor without such written order first being obtained shall be at its own risk, cost and expense. 21. LE:lTER OF amDIT. For the purpose of assuring and guaranteeing to. the Ci ty that the irrprovenents to be constructed, installed and furnished by the Developer as set forth in Paragraph 3 above, shall be constructed, installed and furnished according to the tenns of this Agreement, and to ensure that the Developer shall pay all claims for work done and materials and supplies furnished. for the perfonnanceof this Agreement, and that the Developeru shall fully coo:ply wi th all of the other tenns and provisions of this Developnent Agreement, the Developer agrees to furnish to the City either a cash deposit or an irrevocable letter of credi t approved by the Ci ty in an 8l1Dunt equal to 150% of the total cost of said irrprovenents as estimated by the Developer's engineer and approved by the City Engineer. Said deposit or letter of credit shall remain in effect for a period of one year following the coo:pletion of the required irrprovenents. The said deposit or letter of credi t may be reduced in BIOOunt or replaced by a maintenance bond at the discretion of the City upon acceptance by the City of the various individual irrprovenents. -5- . . 22. LIABILI'IY INSU.RAN:E. The Developer shall take out and maintain during the li fe of thi s agreement public 1 iabil ity and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's work or the work of its subcontractors, or by one directly or indirectly employed by any of them. This insurance policy shall be a single limit public liability insurance policy in the aroount of $1,000,000.00. The City shall be named as co-insured on said policy and the Developer shall file a copy of the insurance coverage with the City. Prior to coomencement of construction of the inprovements described in Paragraph 3 above, the Developer shall file with the City a certificate of such insurance as will protect the Developer, its contractors and subcontractors fran claims arising under the workers' cmpensation laws of the State of Minnesota. 23. LAWS, <JIDINANCES, RlDJIATI(NS AND PERVlITS. Developer shall cmply with all laws, ordinances, and regulations of all regulatory bodies having jurisdiction of the Subject Property and shall secure all permits that may be required by the Ci ty of Shorewood, the State of Minnesota, and the Minnehaha Creek Watershed District before carrnencing developnent of the plat. 24. SBmR ASSESSVJENl'S. The original assessments against the property for sani tary sewer are in the aroount of $ . Developer acknowledges that as a newly platted developnent, additional suns may be assessed against the property as equalization charges pursuant to Shorewood City Code Section 904.18. Developer agrees to accept and pay all such charges to the Ci ty in accordance wi th the Shorewood Ci ty Code, together wi thall previous assessments against the property, provided full credit is given to the Developer for all prior payments made by the Developer or its predecessor on account of said assessments. A schedule of such charges is set forth in Exhibit D, attached hereto and made apart hereof. 23. PARK FUND PAYMENl'. DevelopershaU, at the time that the final plats are approved, make cash payments to the. City for the Park. Fund in themoounts prescribed 'by the Shorewood City Code. 25. NOrICES. All notices, certificates and other communications hereunder shall be sufficiently given and shall be deemed given when mailed by certified mail, return receipt requested, postage prepaid, with proper address as indicated below. The City and the Developer by wri tten notice given by one to the other, may designate any address or addresses to which notices, certificates or other communications to them shall be sent when required as contemplated by this Agreement. Unless otherwise provided by the respective parties, all notices, certificates and camnmications to each of them shall be addressed as follows: -6- . . To the City: Ci ty of Shorewood 5755 Co\D1try Club Road Shorewood, Minnesota 55331 To the Developer: 27. PImF OF TITLE. The Developer shall furni sh the Ci ty wi th evidence satisfactory to the City that it holds an interst in title to the Subject Property in fee sinple. 28. DISCIAIlVER BY CI'IY. It is lll1derstood and agreed that the City, the City Co\D1cil, and the agents and employees of the City shall not be personally liable or responsible in any manner to the Developer, the Developer's contractors or subcontractors, materialmen, laborers, or any other person, firm or corporation whansoever, for any debt, claim, demand, damages, actions or causes of action of any kind or character arising out of or by reason of the execution of this Agreement or the performance and coopletion of the work and inprovements herelll1der; and that the Developer wi 11 save the Ci ty, the Ci ty Co\D1ci 1, and the agents and employees of the City harmless fran any and all claims, damages, demands, actions or causes of action arising therefran and the costs, disbursements, and expenses of defending the same. 29. DECLARATIrn OF 00VENANrS, aN)ITIrnS AND RES'lRIcrICNS. . Developer shall provide a copy of the Declaration of Covenants, Conditions and Restrictions, if any, for review and approval by the City prior to recording the plats. 30. IlJRATIrn OF .AGREEMENI'. This Agreement shall remain in effect lll1til such time as the Developer shall have fully perfonned all of its duties and obligations\D1der this Agreement. 30. REVJEl)IES UPCN DEFAULT. a. Assessments.e In the event the Developer shall default in the performance of any of the covenants and agreements herein contained and such default shall not have been cured within fifteen (15) days after receipt by the Developer of written not ice thereof, the City, if it so elects, may cause any of the inprovements described in Paragraph 3 above to be constructed and installed or may take action to cure such other default and may cause the entire cost thereof, including all reasonable engineering, legal and adninistrative expense incurred by the City to be recovered as a special assessment lll1der Minnesota Statutes Chapter 429, in which case the Developer agrees to pay the entire BrOO\D1t of such assessment within thirty (30) days after its adoption. Developer further agrees that in the event of its failure to pay in full any such special assessment within the time prescribed herein, the City shall have a specific lien on all of Developer's real property within the Subject Property for any BrOOlll1t so unpaid, and the Ci ty shall have the right to foreclose said lien in the manner prescribed for the foreclosure of -7- . . mechanic's 1 iens under the laws of the State of Minnesota. In the event of an emergency, as determined by the City Engineer, the notice requirements to the Developer prescribed by Minnesota Statutes Chapter 429 shall be and hereby are waived in their entirety, and the Developer shall reimburse the Ci ty for any expense incurred by the City in remedying the condi tions creating the emergency. b. Performance Guaranty. In addition to the foregoing, the City may also institute legal action against the Developer or utilize any cash deposit made or letter of credit delivered hereunder, to collect, pay, or reimburse the city for: (1) the cost of coopleting the construction of the imprOVEments described in Paragraph 3 above. (2) the cost of curing any other default by the Developer in the performance of any of the covenants and agreements contained herein. (3) the cost.of reasonable engineering, legal and adninistrative expense incurred by the Ci ty in enforcing and adninistering this Agreement. c. Legal Proceedings. In addition to the foregoing, the City may institute any proper action or proceeding at law or at equity to abate violations of this Agreement, or to prevent use or occupancy of the proposed dwellings. 32. HEADINlS. Headings at the beginning of paragraphs hereof are for convenience of reference, shall not be considered a part of the text of this Agreement, and shall not influence its construction. 33. SEVERABILI'lY. In the event any provisions of this Agreement shall be held inval id, i Hegal ,or unenforceablebyanycourtofcoopetent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof,- and the remaining provisions shall not in any way be affectedorirnpairedthereby. 34. EXJ:OCUl'IrnOF ClXNl'ERPAIm:i. This Agreement may be siIIlll taneously executed in several counterparts, each of which shall be an original, and all of which shall constitute but one and the same instnment. 35. aNS'l'RI.Cl'ICN.This Agreement shall be construed in accordance with the laws of the State of Minnesota. 36. Sl.XXESOCES AND ASSIrnS. It is agreed by and between the parties hereto that the Agreement herein contained shall be binding upon and inure to the benefit of their respective legal representatives, successors, and assigns. -8- . . IN WI'lNESS WHERFOF, the parties hereto have caused these presents to be executed on the day and year first above wri tten. SlRIOOAND vmmnms I I CI'IY OF SlIm.VlXD Edward E. Strickland, Partner By: Robert Rascop It s : Mayor Douglas A. Strickland, Partner A'lTEST: Nanci-Strickland Balogh, Partner Sandra L. Kennelly City Clerk -9- . . STATE OF MINNEsorA ) ) ss ro.NIY OF HENNEPIN) en this day of , 1988, before me, a Notary Public within and for said County, personally appeared Robert Rascop and Sandra L. Kennelly, to me personally known, who, being each by me duly sworn, did say that they are respectively the Mayor and City Clerk of the mmicipal corporat ion named in the foregoing instnment, and that said instnment was signed and sealed in behalf of said corporation by authority of its City Council, and said Robert Rascop and Sandra L. Kennelly acknowledged said instrunent to be the free act and deed of said corporation. Notary Public STATE OF MINNEsorA ) ) ss ro.NIY OF HENNEPIN ) en this day of , 1988, before me, a Notary Public within and for said County personally appeared tome personally known, who, being each by me duly sworn that they did say that they are . EdwardE. Strickland, Douglas A. Strickland, and Nanci Strickland-Balogh, the partners of Strickland Ventures II named in the foregoing instru:nent, and that they acknowledged said instnment to be the free act and deed of said partnership. Notary Public -10- , , . ~elen . Mayeron& Associates,loe. 2021 East Hennepin Avenue Minneapolis. MN 55413 612-331-8660 FAX 331-3806 Engineers Surveyors Planners October 5, 1988 City of Shorewood 5755 Country Club Road Shorewood, MN 55331 ATTN: Mr. Brad Nielsen City Planner RE: Strawberry Fields Final Plat OSM Comm. #1744.93 Dear Brad: We have reviewed the final plat and the plans and specifications for Strawberry Fields. The proposed grading plan, sanitary sewer, storm sewer and street details are fine. Permits from all the appropriate agencies are required. A special permit for direct connection to a M.W.C.C. facility is required for the new sanitary sewer manhole in Strawberry Lane. The typical section detail shown on sheet No. 3 of 4 requires some dimensional corrections. Otherwise, the section itself is fine. Our assumption is that the City will allow individual wells to be drilled to provide water. If you have any questions, please call me. Respectfully, ORR-SCHELEN-MAYERON & ASSOCIATES, INC. ~I.~ James P. Norton, P.E. City Engineer JPN/lmt .W! ,.. >;0, . . MAYOR Robert Rascop COUNCI L Jan Haugen Kristi Stover Robert Gagne Barb Brancel ADMINISTRATOR Daniel J. Vogt <v CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236 TO: Mayor and City Council FROM: Brad Nielsen DATE: 21 July 1988 RE: Lawtonka - Final Plat FILE NO. 405 (88.01) Mr. Joe Boyer has submitted his final plat for the Lawtonka subdivision (see Exhibit A, Attached). The final plat is consistent with the pre- viously approved preliminary plat. The developer has made adjustments to ensure that Lot 6 is a buildable lot and dedicated additional right-of-way on the south side of Lawtonka Drive to provide access to the new street for owners south of the plat. Per the Council's request he has dedicated the narrow sliver of land located on the north side of the abandoned rail r.o.w. as additional r.o.w. for Timber Lane. The development agreement and the protective covenants for the plat re- strict Out1ots A and B to use by the owners of Lots 2 and 1, respectively. As you are aware the applicant has requested that the City vacate two small pieces of land locked r.~.w. located on the ~enninsu1a. This r.o.w. is useless for the City and vacation would clean up the plat considerably. In that same regard, the developer proposes to dedicate a small piece of r.o.w. which will result in parallel lines for the Timber Lane r.o.w. Staff re- commends that the vacation be approved. An issue which was missed in the preliminary plat review was that the Timber Lane r.o.w. on the east side of the plat is substandard. Consistent with past similar situations, the City should require an additional 10 feet of r.o.w. along the east side of Lot 1. Lot 1 will still meet the area and width requirements of the R-1C zoning district. Approval of the plat should be contingent upon this modification. If there are any questions relative to this matter, please contact me prior to Monday nights meeting. cc: Dan Vogt Joe Boyer Glenn Froberg Larry Hanson Jim Norton A Residential Community on Lake Minnetonka's South Shore /f ...... " o .. _ . G....~O l!lJ~~(jJ1:.", ., .,;.; ... 'J. ...~ :.:~,. '. , ,..;#1 · ~.: 0 ~ - rol /"'Jfl i: I ,l' J..l :.:" .. .,;. If: ...... .. , I r '(' ll~:~ "'s. . . I. ' ' ~ e co :.: ~ "l ---..:. ,i..- _ _ _ _ I !,' f ~ ... '-I'I.oo.Slt.ON ~ .- - ""'561 .. . "".,., . , ,..,------- ----, , I'~3 .,~,I~CKC: ,., Lr-:= '" I. _".l.,.m::=-4 tT~~l "I J..a,6a.2'- ,.. , ;.. ~s, .;, , .. ;. I t':ltoc ;o~.. ,.20':'''1 t'! I ... ..: 10:0: I c::, -~ #0. _ .., l,:,!t I i - I.-I ~6"OoOOs;";J '" I.....u - i ',1 t.., """)'~. I ,.C'. . II> IL_~' ....:.:....' L. _ _ -"4"'3"+1-\1- _ - _ - - _!:J ~~"'~~ f~!. ,.-- ~ - - - :8 i . 1&1 "I IXI> ~io: o/a , '.. I "!I ,; U',.: I~/" I~..: If) I~ .... .w . N~ -... 0. 00. ...... ;c ~ r' ...~ C! ~ , , '~. 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O"'d "'0 "1) ..~ o,,,o!:' . "0 ...... to I. C"!l '.. ....,~J t "r '7 ....6.... ", "J.. - Z6Z 40'1 JO ..0" OO'Z~~ .,s.... "114 JO 400" 00'0;' .000 ..,. 10 ."'1 4"'" -, ...... " . c.' i ..';. .. "". ........... .0, I -----1. .. ""'" ~O~,.::.;.. .~ .~ .. .'" ... 0" ~:' ... ... ., o iii (j- ... . ." " ~ 'fj; -... fIo. t=fIo -'" ..Z '0 , .'" jf ~ ~ ~ a .8,! I ... '0 c 0... ..... t ., .. . ..- .... . ....-- i:... .fo ... ~'o " . ... ,.. "" " 0> <S> --:r- ~\b\i < ~ I \'\I ...t ..- :~ 0... 00 0... "'. -. ...... "0 00 . . .. .. Z. ..., ~~ p ;1 ...... . 0... ...0 ~ t'l_OO,Slt.ON- "'5'.02 - \ \ ,..'- (j) - ,- .....' -p ~- :1: c:t (;) CD A . - \ ....... III , =!! .. ... 'ft.~ ..... ",t- -2 - ';:-.1 c.:;:' \.~. .~ ~ \ \ . ; . OSM. Orr Schelen Mayer!ln& Associates, Inc. f I L E 2021 East Hennepin Avenu Minneapolis. MN 55413 612-331-8660 FAX 331-3806 . JUN 2 3 1988 I' COpy Engineers Surveyors Planners June 21, 1988 City of Shorewood 5755 Country Club Road Shorewood, Minnesota 55331 Re: Review of Final Plans For Lawtonka Addition Shorewood, Minnesota OSM Comm. No. 1744.98 Dear City Officials: We have reviewed the plans and specifications for the Lawtonka Addition at McKinley Place as prepared by Schoell & Madson, Inc. Our review comments will address the follpwing items: - Sanitary Sewer - Water - Storm Drainage and Grading - Erosion Control - Streets - Specifications - Mi scellaneous Sanitary Sewer An existing 9" PVC sanitary sewer line runs east/west along the north edge of the proposed plat, and north/south through the middle of the property. The proposed sanitary sewer service connection is located along the back and side lot lines of Lot 3, Block 1. We would prefer to have the sanitary sewer contained within the street right-of-way. The existing 9" PVC sanitary sewer line intersects Lawtonka Drive about 200. east of the proposed cul-de-sac. Service to the property can be supplied by setting a manhole over the existing 1 ine. The 8/l0ths 1 ines of the existing 9" PVC and the proposed 8" PVC should be matched to allow for a smooth flow transition. Water An 8" D.I.P. watermain stub is located along C.R. 19 about 230. east of Timber Lane. The installation of approximately 500. of 8" watermain is required to provide water service to the proposed plat. Due to the size of the addition, we would recommend installing individual well systems for each lot. ~ ~ . . City of Shorewood June 21, 1988 Page Two Stonl Drainage and Grading The storm sewer line just west of Timber Lane should be moved over next to the east lot line of Lot 1. I can see no apparent reason for placing the sewer uso close to the existing house. The catch basins should also be moved down to the radius point in the street. All necessary drainage easements can then be located adjacent to the east lot line of Lot 1. The casting for CB2 should be changed from Neenah R-2564 to Neenah R-4342. This casting is less susceptible to clogging due to leaves and grass clippings. The top of castings for CB 2, 3 4, and 5 should be 900. MSL not 800. MSL. The distance between CB3 and CB4 should be 25. not 35.. All rip rap shall be grouted as per Mn/DOT Standard Specifications for Construction. c In order to provide a smooth transitional flow through manholes, the 8/10ths lines of all connecting sewer lines should be matched. The last three pipe sections of the westerly storm sewer network should be tied together with rebar, due to the steep grade and high water velocities. The most easterly storm sewer 1 ine extends into the Chicago and Northwestern Railroad right-of-way. Permission to work within their right-of-way should be secured before commencement of work. The City.s topo map shows a slight ridge between the west storm sewer outlet and the culvert under the abandoned railroad tracks. A smooth drainage pathway should be graded from both outlets to the existing culvert. The proposed sedimentation pond should utilize a standpipe outlet instead of the baffled weir structure. The standpipe should have perforations starting at approximately 930. MSL with an overflow at 931. MSL. These elevations will allow for the setting of sediment before the stormwater is discharged into Lake Minnetonka. The standpipe can also control floatable material, which is the primary function of a baffled weir. Erosion Control In addition to the erosion control shown on the plans, it should also be established around the proposed catch basins and all ponding areas. When individual lots are graded, erosion control should be placed to protect the pond west of Lots 5, 6, and 8, and the drainage ditch north of Lots 1, 2, 3, and 4. . .. . r . . City of Shorewood June 21, 1988 Page Three Streets All cul-de-sac roadway diameters shall be 1001 with the right-of-way diameter at 1201. The street grade from the center to the end of the proposed cul-de-sac is 0.00%. The City of Shorewood minimum allowable grade is 0.5%. All street grades shall be kept below the maximum 5% and above the minimum of 0.5%. Miscellaneous All stormwater ponding and facilites shall conform to the Minnehaha Creek Watershed Specifications and Permitting Guidelines. Any wells or sewer drainfields located on Lot 2, due to the existing house, shall be properly abandoned as per Minnesota Department of Health Rules and Regulations, and have their location noted on the plans. We would be happy to discuss these review comments with you. If you have any questions, please call. Respectfully, ORR-SCHELEN-MAYERON & ASSOCIATES, INC. ;;Ja.",(J t? ';1 &iZc:" ~ /1) ~mes P. Norton, P. E. Associate JPN:klm . . RESOWl'ICN ID. A RESOUTl'ICN APPROVINJ '!HE FINAL PlAT OF I..A.W1(H{A WHEREAS, the final plat of I..A.W1(H{A has been subnitted in the mam1er required for the platting of land Wlder Shorewood City Ordinances and under Cllapter 462 of Minnesota Statutes, and all proceedings have been duly had thereWlder; and WHEREAS, said plat is consistent with the Shorewood Cooprehensive Plan and the regulations and requirements of the laws of the State of Minnesota and Ordinances of the Ci ty of Shorewood. KlY, 'IlIEREKIm, BE IT RESOLVID by the City Council of the City of Shorewood: 1. 'That the final plat of LAW'.[{H{A. is hereby approved. 2. 'That said approval is specifically conditioned upon the terms and condi t ions contained in the Developnent Agreement for I..A.W1(H{A, at tached hereto and made a part hereof. 3. 'That the Mayor and Ci ty Clerk are hereby authori zed to execute the Certi ficate of Approval for the plat and the said Developnent Agreement on behalf of the City CoWlci 1. 4. 'That this final plat shall be filed and recorded wi thin 30 days of the Developer's receipt of this resolution. BE IT FtRIHER RE93LVID, that such execution of the Certificate upon said plat by~theMayorand~-Gity Clerk shall be conclusive showing a proper compliance therewith by the subdivider and City officials and shall entitle such plat to be placed on record forthwith without further fonooality, all in compliance with Minnesota Statutes and Ordinances of the City. AIOPrED BY '!HE CI'IY cn.N:::IL of the Ci ty of Shorewood this _ day of 1988. Robert Rascop, Mayor ATmST: Sandra L. Kennelly, City Clerk . . July 20, 1988 CI'IY OF SlmE.WXD RESIDENl'IAL smoIVISICN DEVEIDR\1ENl' AGREFMENl' LAW'.[{H{A. nns AGREFMENl', made this day of , 1988, by and between the CI'IY OF SIDm\\OD, a Minnesota mmicipal corporation, hereinafter referred to as the "Ci ty", and JamPH N. OOYER, EILEEN F. OOYER, IXNAI.D W. SHAFER, and JANE W. SHAFER, hereinafter referred to collectively as the "Developer". WHEREAS, the Developer holds an interest in certain lands described in Exhibi t A attached hereto and made a part hereof, which lands are hereinafter referred to as the "Subject Property"; and WHEREAS, the Developer has made application under the Subdivision Ordinance of the Shorewood Ci ty Code for CoWlci I approval of a single-family residential development plat of the Subject Property, said plat to divided into 8 lots and 2 out lots, to be known as Lawtonka; and WHEREAS, the City CoWlcil by its resolution passed on April 11, 1988, has approved the preliminary plat of the Subject Property; and WHEREAS, the Developer has now subni tted his final plat of the Subject Property, which plat is attached hereto mid made a part hereof as Exhibi t B; and WHEREAS, the City has established the policy of requiring land developers and the Ci ty to fonooally allocate between them the furnishing of surfaced streets, curbs, gutters, required landscaping, stonn sewer and surface water drainage facilities, street signs, sanitary sewer facilities, and Ullderground electric and telephone service lines to all lots mld plats approved by the City, all of the foregoing hereinafter sanetimes referred to as inprovenents. KlV, nmRERJm, in consideration of the foregoing premises and acceptance by the Ci ty of the final plat of Lawtonka, the Ci ty and the Developer agree as follows: . . 1. IMPRJVEMENI'S INSTALLED BY DEVEIDPER. Developer agrees at its expense to construct, install and perform all work and furni sh all materials and equipment in connection with the installation of the following inprovenents: a. Street grading, stabilizing and bituninous surfacing; b. Integral shoe-formed bi tuninous sU1'lOOuntable curbs and gutters; c. Sanitary sewer mains; d. Storm sewer and surface water drainage faci li ties; e. Street name signs and traffic control signs; f. Required landscaping. It is understood that Lots 1, 2, 3, 7 and 8, Block 1, are presently served by an existing sanitary sewer line. It is further understood that the lVetropolitan Waste Control Ccmnission (lVI\U::) has since determined that due to I imi ted capaci ty of the sewer system, no addi tional connect ions can be made at this time to serve the development. Therefore, it is agreed that Lots 4,5 and 6 shall not be developed until such time as the Lake Ann Interceptor sewer I ine has been coopleted by the ~,o:; and is avai lable to serve the plat, or until such other time as additional sewer connections. to the Shorewood sewer I ine are approved by the lVI\U::. It is further understood that underground uti li ty lines, inc I uding gas, electric, and telephone, shall be installed by the respective private utility coopanies pursuant to separate agreements with the Developer. 2. IMPRJVEMENl'S INSTALLED BY CI'lY. No inprovenent s are contemplated to be installed by the City at this time. 3. STANLWIDS OF ~ICN. Developer agrees that all of the foregoing inprovenents shall equal or exceed Ci ty standards, shall be constructed and installed in accordance wi th engineering plans and speci ficat ions approved by the Ci ty Engineer and the requirenents of applicable City ordinances and standards, and that all of said work shall be subject to final inspection and approval by the City Engineer. 4. MATERIALS AND LAOCR. All of the materials to be ernployed in the making of said inprovenents and all of the work performed in connect ion therewi th shall be of uni formly good and workman I ike qual i ty, shall equal or exceed City standards and specifications, and shall be subject to the inspection and approval of the City. In case any materials or labor supplied shall be rejected by the City as defective or unsuitable, then such rejected materials shall be removed and replaced with approved materials, and rejected labor shall be done anew to the satisfaction and approval of the City at the cost and expense of Developer. -2- . . 5. samIX.JLE OF WEK. The Developer has subni tted a wri tten schedule indicating the proposed progress schedule and order of coopletion of work covered by this Agreement, which schedule is attached here and made a part hereof as Exhibit C. Upon receipt of wri tten notice fran the Developer of the existence of causes over which the-Developer has no control, which wi 11 delay the coopletion of the work, the City, at its discretion, may extend the dates specified for coop 1 eti on. 6. PRE-CDtS'llUCI'Irn MEETIm. Prior to the cOODlencement of construction, Developer or its engineer shall arrange for a pre-construction meeting to be held at Shorewood City Hall. Such meeting shall be coordinated with the City Engineer and shall include the appropriate parties specified by the City Engineer. 7. S'lREEl'S, SANITARY SBWER, AND S'lmVI SBWER FACILITIES. a. Plans and Specifications. The Developer agrees to cause its engineers to prepare all plans and specifications necessary for the installation of streets, curb; gutter, sanitary sewer, and storm sewer and surface water drainage facilities in said plat, said plans and specifications to be subject to. the final approval of the City Engineer. b. As-Bui It Plan. Upon coopletion of construction, Developer shall cause its engineers to prepare and file with the City an "as-buil t" plan showing the installation of the foregoing faci li ties wi thin the plat. Such plans shall be prepared in confoml8l1ce wi th Ci ty standards for as-built plans as are presently on file with the City. c. Easements. Developer, at its expense, shall acquire all easements fran abutting property owners necessary to the installation of the sanitary sewer, storm sewer, and surface water drainage facilities within the plat, and thereafter prooptly assign said easements to the Ci ty. Developer shall further provide to the Ci ty a temporary sani tary sewer easement 30 feet in width extending 15 feet on each side of the canmn lot 1 ine between Lots 3 and 4 and extending 30 feet south of the north lot line of LoL3. Said temporary easement shall expire at such time as a sanitary sewer line has been constructed and installed wi thin such easement. d. Pre-existing~ain Tile. All pre-existing drain tile disturbed by Developer during construction shall be restored by Developer. 8. STAKIm, SURVEYIm AND INSPECrIrn. It is agreed that the Developer, through its engineer, shall provide for all staking and surveying for the above-described inprovenents. In order to ensure that the coopleted inprovements conform to the approved plans and specifications, the City will provide for resident inspection. -3- . . 9. GRADIm, DRAINAGE, AND mUHrn <XNIK>L. Developer, at its expense, shall provide grading, drainage and erosion control plans to be reviewed and approved by the Ci ty Engineer. Said plans shall provide for tenporary dams, earthwork or such other devices and practices, including seeding of graded areas, as necessary, to prevent the washing, flooding, sedimentation and erosion of lands and streets within and outside the plat during all phases of construction. Developer shall keep all streets within the plat free of all dirt and debris resulting fran construction therein by the Developer, its agents or assignees. 10. S'IREET SImS. Developer, at its expense, shall provide standard city street identification signs and traffic control signs in accordance with the Minnesota Manual on Unifonn Traffic Control Devices. 11. .ACX::ESS. Developer shall provide reasonable access, including tenporary grading and graveling, to all residences under construction in the plat until the street is accepted by the City. 12. <XXlJP~ PER\1I'IS. The occupancy of any new structure on any lot within said plat shall be prohibited by the City until the street shall have been graded and surfaced with class 5-100% crushed material and lJIID.icipal sanitary sewer lines shall have been installed and are available to serve the lot for which the building pennit has been issued. 13. FINAL INSPECrIrn. Upon carpletion of the inprovements set forth in Paragraph 1 above, the Ci ty Engineer, the contractor, and the Developer's engineer wi 11 make a final inspection of the work. When the City Engineer is satisfied that all work is carpleted in accordance with the approved plans and specifications, and the Developer's engineer has subnitted a written statement attesting to same, the City Engineer shall recoomend that the inprovements be accepted by the City. 14. ~ OF IMPlDVEl\mrs. Upon carpletion of the installation by Developer and approval by the City Engineer of the inprovements set forth in Paragraph 1 above, the Developer shall convey said inprovements to the Ci ty free of all 1 iens and encUIi:>rances and wi th warranty ofti tie, which shall includeeopies of all lien waivers. Should the Developer fail to so convey said inprovements, the same shall becane the property of the City without further notice or action on the part of either party hereto, other than acceptance by the City. 15. WARRANIY PERIm - 'IV INSPECrIrn OF SBWER LINES. All work and materials perfonned and furnished hereunder by the Developer, its agents and subcontractors, found by the Ci ty to be defective wi thin one year after acceptance by the City, shall be replaced by Developer at Developer's sole expense. Within a period of thirty (30) days prior to the expiration of the said one-year warranty period, Developer shall perfonn a televised inspection of all sanitary sewer lines within the plat and provide the Ci ty wi th a VIIS videotape thereof. -4- . . 16. RES'R::EATICN OF S'IREETS .AND PlBLIC FACILITIES. The Developer shall restore all City streets and other public facilities disturbed or damaged as a result of Developer's construction activities, including sod with necessary black dirt, bituninous replacement, curb replacement, and all other items disturbed during construction. 17. REIlVBURSmmI' OF COSTS. The Developer shall reirrburse the City for all costs, including reasonable engineering, legal, plarming and aaninistrative expenses incurred by the Ci ty in connection wi th all matters relating to the aaninistration and enforcement of the within Agreement and the perfonnance thereof by the Developer. Such reimbursement shall be made within thirty (30) days of the date of mailing of the City's notice of costs to the address set forth in Paragraph 24 below. 18. CIAIM) R:R v.t:EK. The Developer or its contractor shall do no work or furnish no materials not covered by the plans and speci fications and special conditions of this Agreement, for which reimbursement is expected fran the City, unless such work is first ordered in writing by the City Engineer as provided in the specifications. Any such work or materials which may be done or furnished by the contractor wi thout such wri tten order first being obtained shall be at its own risk, cost and expense. 19. LEITER OF CREDIT. For the purpose of assuring and guaranteeing to the Ci ty that the inprovements to be constructed, installed and furnished by the Developer as set forth in Paragraph 1 above, shall be constructed, installed and furnished according to the tenns of this Agreement, and to ensure that the Developer shall pay all claims for work done and materials and supplies furnished for the perfonnance of this Agreement, and that the Developer shall fully cooply with all of the other tenns and provisions of this Developnent Agreement, the Developer agrees to furnish to the Ci ty either a cash deposi t or an irrevocable letter of credit approved by the City in an aroount equal to 150% of the total cost of said inprovements as estimated by the Developer's engineer and approved by the Ci ty Engineer. Said deposi t or letter of "Credit shall remain in effect for a period of one year following the coopletion of the requiredinprovements. The said deposit or letter of credit may be reduced in aroount or replaced by a maintenance bond at the discretion of the City upon acceptance by the City of the various individual inprovements. 20. LIABILI'IY INSUlWiK::E. The Developer shall take out and maintain during the life of this agreement public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's work or the work of -5- . . their subcontractors, or by one directly or indirectly enployed by any of them. This insurance policy shall be a single limit public liabil ity insurance policy in the aroount of $1,000,000.00. The City shall be named as co-insured on said policy and the Developer shall file a copy of the insurance coverage with the City. Prior to camtencement of construct ion of the inprovements described in ParagTaph 1 above, the Developers shall file with the City a certificate of such insurance as will protect the Developer, his contractors and subcontractors fran claims arising under the workers' coopensation laws of the State of Minnesota. 21. LAWS, aIDINANCES, RJnJLATICNS .AND PER\fITS. Developer shall carply with all laws, ordinances, and regulations of all regulatory bodies having jurisdiction of the Subject Property and shall secure all permits that may be required by the Ci ty of Shorewood, the State of Minnesota, and the Minnehaha Creek Watershed District before camtencing developnent of the plat. 22. SaVER ASSESSVJENl'S. The original assessments against the property for sani tary sewer are in the aIOOunt of $ . Developer acknowledges that asa newly platted developnent of 8 lots, additional slDlS may be assessed against the property as equali zation charges pursuant to Shorewood City Code Section 904.18. Developer agrees to accept and pay all such charges to the Ci ty in accordance wi th the Shorewood Ci ty Code, together wi th all previous assessments against the property, provided full credit is given to the Developer for all prior payments made by the Developer or its predecessor on account of said assessments. A schedule of such charges is set forth in Exhibit D, attached hereto and made a part hereof. 23. PARK FUND PA\'lVEm.". Developer shall, at the time that final plat is approved, make a cash payment to the City in the sun of $3,000.00 for the Park F\md. 24. NOTICES. All notices, certificates and other communications hereunder5haH-c~Bufficiently- given and shall be deemed given when mai led by cert i fied mai 1, return receipt requested, postage prepaid, wi th proper address as indicated below. The City and the Developer by wri tten notice given by one to the other, may designate any address or addresses to which notices, certificates or other communications to them shall be sent when required as contenplated by this Agreement. Unless otherwise provided by the respective parties, all notices, certificates and canmnications to each of them shall be addressed as follows: To the Ci ty: Ci ty of Shorewood 5755 Chuntry Club Road Shorewood, Minnesota 55331 -6- . . To the Developer: Joseph N. Boyer 3630 Virginia Avenue Wayzata, Minnesota 55391 25. P.IroF OF TI'lLE. The Developer shall furnish the City with evidence satisfactory to the Ci ty that it holds an interst in ti tIe to the Subject Property in fee sinple. 26. DISClAIMER BY CI1Y. I t is understood and agreed that the Ci ty, the Ci ty Chunci 1, and the agents and employees of the Ci ty shall not be personally liable or responsible in any manner to the Developer, the Developer's contractors or subcontractors, materialmen, laborers, or any other person, firm or corporation whansoever, for any debt, claim, demand, damages, actions or causes of action of any kind or character arising out of or by reason of the execution of this Agreement or the performance and completion of the work and inprovements hereunder; and that the Developer wi II save the City, the City Chuncil, and the agents and employees of the City harmless fran any and-aIl- claims, damages, demands, actions or causes of action arising therefran and the costs, disbursements, and expenses of defending the same. 27. DECLARATICN OF aJ\1ENANI'S, OH)ITICNS AND RES'ffiICI'ICNS. Developer shall provide a copy of the Declaration of Covenants, Chndi tions and Restrictions for review and approval by the Ci ty. Such Declaration shall contain restrictions on the conveyance of OltIots A and B and shall be recorded contemporaneously with the plat. 28. DJRATICN OF AGREH\mf. This Agreement shall remain in effect unt i 1 such time as the Developer shall have fully performed all of his duties and obligations under this Agreement. 29. RE\1EDIES UPCN DEFAULT. a. Assessments. In the event the Developer shall default in the performance of any of the covenants and agreements herein contained and such default-shall not have been cured within fifteen (15) days after receipt by the Developer of written notice thereof, the City, if it so elects, may cause any of the inprovements described in Paragraph 1 above to be constructed and installed or may take action to cure such other default and may cause the entire cost thereof, including all reasonable engineering, legal and adninistrative expense incurred by the Ci ty to be recovered as a special assessment under Minnesota Statutes Chapter 429, in which case the Developer agrees to pay the entire armunt of such assessment within thirty (30) days after its adoption. Developer further agrees that in the event of its failure to pay in full any such special assessment within the time prescribed herein, the City shall have a -7- . . speci fic 1 ien on all of Developer's real property wi thin the Subj ect Property for any amount so unpaid, and the Ci ty shall have the right to foreclose said lien in the manner prescribed for the foreclosure of mechanic's 1 iens under the laws of the State of Minnesota. In the event of an emergency, as determined by the City Engineer, the notice requirements to the Developer prescribed by ~linnesota Statutes Chapter 429 shall be and hereby are waived in their entirety, and the Developer shall reinburse the Ci ty for any expense incurred by the Ci ty in remedying the condi tions creating the emergency. b. Performance Guaranty. In addition to the foregoing, the City may also institute legal action against the Developer or utilize any cash deposit made or letter of credit delivered hereunder, to collect, pay, or reimburse the city for: (1) the cost of cmpleting the construction of the improvements described in Paragraph 1 above. (2) the cost of curing any other default by the Developer in the performance of any of the covenants and agreements contained herein. (3) the cost of reasonable engineering, legal and adninistrat ive expense incurred by the Ci ty in enforcing and adninistering this Agreement. c. Legal Proceedings. In addition to the foregoing, the City may insti tute any proper action or proceeding at law or at equi ty to abate violations of this Agreement, or to prevent use or occupancy of the proposed dwellings. 30. HEADIlO). Headings at the beginning of paragraphs hereof are for convenience of reference, shall not be considered a part of the text of this Agreement, and shall not influence its construction. 31. SEVERABILI1Y. In the event any provisions of this Agreement shall-beheld~ inval id, illegal, or unenforceable-by any court. of cmpetent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof, and the remaining provisions shall not in any way be affected or impaired thereby. 32. EXEXlJI'Irn OF <XlJNI'ERPARI'S. This Agreement may be silIl11 taneously executed in several counterparts, each of which shall be an original, and all of which shall const i tute but one and the same instnment. 33. a:J.~Irn. This Agreer.tent shall be construed in accordance wi th the laws of the State of Minnesota. -8- . . 34. stn:::ESfOlS AND ASSI<NS. It is agreed by and between the parties hereto that the Agreement herein contained shall be binding upon and inure to the benefit of their respective legal representatives, successors, and assigns. IN WITNESS ~F, the parties hereto have caused these presents to be executed on the day and year first above wri tten. CI'lY OF SB:Jm\\OD Joseph N. Boyer Eileen F. Boyer By: Robert Rascop It s : Mayor ATIEST: Donald W. Shafer Sandra L. Kennelly Ci ty Cl erk Jane W. Shafer -9- . . STATE OF MINNEsorA. ) ) ss cnN1Y OF HENNEPIN ) en this day of , 1988, before me, a Notary Pub I ic wi thin and for said ColD1ty, personally appeared Robert Rascop and Sandra L. Kennelly, to me personally known, who, being each by me duly sworn, did say that they are respectively the Mayor and Ci ty Clerk of the lIIlIlicipal corporation named in the foregoing instnment, and that said instnment was signed and sealed in behalf of said corporation by authori ty of its Ci ty ColD1ci I, and said Robert Rascop and Sandra L. Kennelly acknowledged said instnment to be the free act and deed of said corporation. Notary Pub I ic STATE OF MINNEsorA. ) ) ss a:x.NlY OF HENNEPIN ) en this day of , 1988, before me, within and for said ColD1ty, personally appeared Joseph N. Boyer, Eileen F. Boyer, Donald W. Shafer and Jane W. Shafer, and who executed the foregoing instnment and acknowledged that they executed the same as their free act and deed. Notary Public -10- . EXHIBIT D LAWTONKA SEWER EQUALIZATION Lots 1 - 8 . Lots 1, 2, 3, 7 and 8 - will be serviced off of existing sewer lines. Units required - 4B and Ie Units previously charged - 3e and lB to be added interest (7% x 16 years) = $ 9,100.00 = $ 7,500.00 $ 1,600.00 1,792.00 $ 3,392.00 Lots 4, 5 and 6 - will be serviced off of new lines to be installed Equalization required: (3B-Reduced) 350 x 3 lots interest (7% x 16 years) Total Sewer Equalization to be added for Lots 1 - 8 = $ 1,050.00 = $ 1,176.00 $ 2,226.00 = $ 5,618.00 ,. ., . . It . CITY OF SHOREWOOD MAYOR Robert Rascop COUNCI L Jan Haugen Kristi Stover Robert Gagne Barb Brancel ADMINISTRATOR Daniel J. Vogt 5755 COUNTRY eLUB ROAD . SHOREWOOD, MINNESOTA 55331 . (612) 474-3236 MEMORANDUM TO: MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 6 OCTOBER 1988 RE: MARCUS DEVELOPMENT - SIGN PERMIT FILE NO.: 405 (87.37) As explained in his letter (Exhibit A. attached). dated 28 September 1988. Mark Senn has requested approval for sign permits for the auto service center sign and the freestanding pylon sign for the proposed convenience/service facility under construction at 24365 Smithtown Road. Although they have applied for a conditional use permit for multiple signage (more than three signs per site). the hearing will not be held until 1 November and the Council will not review it until 14 November. Since they propose to open in November they would like to get at least the two subject signs ordered prior to receiving their conditional use permit. The signs. shown on Exhibits Band C are within the area limits prescribed by Section 1201.03 Subd.l1e. (3). Following is how the allowable sign area is calculated: north elevation silhouette area west elevation silhouette area 1029 sq. ft. 1632 sq. ft. 2661 sq. ft. allowable sign area (10% of silhouette) 266 sq. ft. proposed pylon sign (Exhibit B) 98 sq. ft. proposed wall sign (Exhibit C) 55 sq. ft. total sign area 153 sq. ft. The applicant must remember that the rema1n1ng sign area (113 square feet) must accommodate the rest of the signs he proposes to display. A Residential Community on Lake Minnetonka's South Shore IS . . Re: Marcus Development Sign Permit 6 October 1988 Reiterating an issue which has been raised before. it appears that no accommodation has been made to include Dairy Queen on the freestanding sign. It seems unlikely that Dairy Queen will be satisfied with only wall signs. Since freestanding signs are limited to one per site (except for shopping centers where a site may front on two parallel streets). there are two options for approving the sign permit: 1) approve the wall sign and table the freestanding sign. pending the overall sign plan: or 2) approve both signs with the applicant accepting the risk that the freestanding sign may have to be modified to accommodate Dairy Queen. BJN:ph cc: Dan Vogt Glenn Froberg Jim Norton Mark Senn - 2 - MARCUS . Real Estate Development CORPORATION . September 28, 1988 Mr. Brad Neilson City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Dear Brad: I would like to request a favor from the City which will greatly aid us in completing our project on the old Village Pump site in a timely manner. Weare currentlyprojectinqcompletion of the auto service half of the project for an 11/15/88 opening. All site improvements will also be done at that time. Shortly thereafter, after the building review is completed<on the DQ, we will be proceeding with the DQ construction for a February/March opening. A complication which has arisen is that the signage cannot yet be assembled for a complete package. You have the sign plans for the auto service part of the project, however, it will be some time yet before we get the DQ signage plans. I understand that we need a C.U.P. due to the number of signs, which are in keeping with the plans and previous discussions with you, the commission, and the council. The Goodyear sign must be ordered now, however, Goodyear won't fabricate the sign until we have city approval. Given the time line on the C.U.P. this wouldn't allow us to order this sign until the project was actually ready to open. .con$equently, I would like to. beg the. city's indulgence and request that the City approach the signage approvals in a three step process. \ First, I would like to request that the City issue a sign permit on the Goodyear sign and the pylon sign through a regular sign permit approval process. Secondly, I would like to request that the City proceed with consideration of our C.U.P. on the signage package relating to the auto service center side of the project. Thirdly, I would like to request that the City defer on the DQ signage package, a second C.U.P. consideration, until we receive building plans and signage plans from DQ later this year. Uh4,bit A 10001 Wayzata Blvd.. Suite 100. Minnetonka MN 55343. (612) 593-1177 . . 2 I'm sure our request is unusual, however, we'd hope the City would continue to work with us in accomplishing the much needed redevelopment of this important corner in Shorewood. If you have additional questions or concerns please don't hesitate to contact me. Once the project is completed we are very confident that the project will be more than well accepted. We sincerely believe that everyone will have a high level of appreciation for the project when it is completed, however,.only a few of us, you included, will have a level of appreciation for what it has taken to get it completed. Sincerely, Mark o. Senn MOS/bjm ~~h.\b~t A (1"'~) ;./ 'Ie 7'-0" u ~ 'It' Ii ~ )( Q 681\ - ,... SHI ELD WIDTH $ 5 0:> . ~ 0 lD > 0 II: . .. ~ 0 .lD z > u 0 .. ~ . . ~ II: II: .. ~ Z -~ a .. 0 0( ~ ; ~ CJ)~ ;: = 8 .. ~ o~ ..- e W ,... -10 J:_ ~= - ::I: 10 ~. ~ ~ i5 "0 = t::9 0:: X ii5 I ~.... ~ ,... > ~ z~ ~ . .. ::I: .. (/) 0( WCJ) 0 ~ w=> ~ . 0:::0 . ...~.. . . . ~J: .- , Self Serve Cosh. 6" ~ ~~ Regular ~JID@@ .. 16" ;: eft i ... . u ; '" . Un~oded ~1ID@@ z a 0( ~ . '" Z Ill: C 0 0( ;: - . ... r ~ ( . -0 ..a · U " 0( I o II .. it II: , ~ ~ Q II. - ,... ~:r ~l[)@@ FlNA a.ue: VWH1TE LE i I ERS a NUMEERS ", ... l4t ...' ~ FINISHED GRADE j (pi/oO ~~h.,b;t t? ~ . .. II 12 BLUE LETTERS 1 2' BLU g . LETTERS \ / . \ / a!J(l)(I)[J)#.!ffEiJ[[) / .. CONe'. BL . .. ~ LIGHT COLOR~ ~ 8HORlEWOOD TIRE .. AUTO SERVICE " , , \ "'. .. \ .. , . r -r -., I. 50.00 SERV~CE BAYS .1 a- :'~ ~ t{ 3'6""" .s m;rJ, /tJlA.Jn Ro a.d, .s hart:;wo"d 0 ......-rY I1F YQUNGSTEDT ,__ NO. @(ff)(f)[j)pftfEliJill ~1t+JIG DEPT . 781 INC. 245-88 . IDENTIFICATION ~ STORE PLANN+NG DBA-SHOREWOOD TIRE ~ AUTO SERVICE DAlE REK 1 ("> THE GOODYEAR TIRE , RUBBER CO. 1 15~ 4-:rfH ST. 08/22188 ,- , AKRON. OHIO M3.- ONKA, MN. 3/16'=1 ' RESOWfICN ID. La "-- " ;~;-V'~ ; o[~~" L:. A RESOLUfICN BY 1HE CI1Y mreIL OF 1HE CI1Y OF SIDmVaD 'ID VACATE AN ALLEY AND A PCRI'ICN OF TIlVBER LANE WHEREAS, Notice of Public Hearing on the proposed vacation of an alley and a portion ot Tinber Lane, City of Shorewood, Hennepin Connty, Minnesota, was published in the ExcelsiorlShorewood edition of the SAIlCR NEWSPAPERS on the 11th and 18th day of July, 1988; and WHERFAS, said Notice of Public Hearing was posted in three (3) locations in the City of Shorewood; and WHEREAS, the Counci 1 of the Ci ty of Shorewood has heard all interested parties on the question of vacation at a Public Hearing on the 25th day of July, 1988, in the Conncil Qumbers at the City Hall, and the Council has determined that vacation would be beneficial to the public interest. :tOY, 'D:IERE:RJm, BE IT RESOLVED by the City Conncil of the City of Shorewood that in accordance with Minnesota Statutes, an alley and a portion of Timber Lane hereinafter described, is hereby vacated: The alley in Block 1, "Excelsior Park" according to the recorded plat thereof. That part of Timber Lane (formerly known as Linden Avenue) as dedicated in the recorded plat of "Excelsior Park", which lies northerly of a line 60.00 feet northerly of, measured at a right angle to and parallel with the northerly right-of-way 1 ine of the Hennepin County Regional Rai lway Authorfty (formerly known as Minneapolis and St. Louis Railroad Co.) BE IT FURlHER RESOLVED, that the Ci ty Clerk is directed to notify the County Offices in accordance with Minnesota Statutes. AOOf'fED BY 1HE CI1Y roJNCIL OF '!HE CI1Y OF SIDmVaD this 25th day of July, 1988. Robert Rascop, Mayor ATI'EST: Sandra L. Kennelly, City Clerk