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121288 CC Reg AgP . " CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, DECEMBER 12, 1988 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. AGENDA ROLL CALL A. Pledge of Allegiance B. Roll Call Haugen Stover Gagne Brancel Mayor Rascop 1. APPROVAL OF MINUTES A. Regular Council Meeting - November 28, 1988 (Att.No.lA-Minutes) B. Special Council Meeting, November 21, 1988 (Att.No.lB-Minutes) 2. MATTERS FROM THE FLOOR A. B. 3. CO~~ISSION REPORTS A. Planning Commission Report B. Park Commission Reports 1. Concession Sales in Parks 2. Snowmobile Ordinance Discussion 3. Manor Park Warming House Discussion 4. CONSENT AGENDA A. Payment Voucher - S.E. Water Tower - Project 88-lD (Att.No.4A-Payment Voucher) B. Payment Voucher - Shady Island Bridge Repair Project No. 88-3/4219 (Att.No.4B-Payment Voucher) C. Letter of Credit Reduction-Hardinq Acres 2nd Addition (By Resolution) (Att. No. 4C-Staff Report,) -1- ; COUNCIL AGENDA MONDAY, DECEMBER 12, 1988 PAGE 2 4. CONSENT AGENDA- Continued D. Street Liqht Petition - Sweetwater at Near Mountain 3rd Addition (Att.No.4D-Request and Recommendation) E. Revised Grievance Policy (Att.No.4E-Revision and Recommendation) F. Proposed Two Year Extension - Munitech Contract (By Resolution) (Att.No.4F-Staff Report, Letter, Contract) G. Permanent Appointment- Secretary/Receptionist Anne Latter (Att.No.4G-Recommendation) H. Home Enerqy Check-Up Proqram- Minnegasco Agreement (By Resolution) (Att.No.4H-Staff Report and Agreement) I. Siqn Permit Applicant: Location: American Legion Post 24450 Smithtown Road (Att.No.4I-Staff Report) J. Approval of Extension for Final Plat - South Forty Addition Applicant: Location: Wayne Pokorny 24275 Yellowstone Trail (Att.No.4J-Request) K. Resolution Recoqnizinq Council position Vacancy (Att.No.4K-Resolution) L. 1989 Excelsior Fire Contract (Att.No.4L-Memo and Contract) Moved Seconded Vote 5. PETITION FOR STOP SIGN-VINE HILL ROAD AT HANUS ROAD-Continued Discussion) 6. REZONING FROM R-ID to RC-KUEMPEL CHIME Applicant: Location: Kuempel Chime Clock Works and Studio-Audrey McGregor 21195 Minnetonka Blvd. (Att.No.6-Staff Report) -2- ./ COUNCIL AGENDA MONDAY, DECEMBER 12, 1988 PAGE 3 7. SETBACK VARIANCE/VARIANCE TO EXPAND A NONCONFORMING STRUCTURE VARIANCE TO PARKING REQUIREMENT Applicant: Location: Country Kitchen Restaurant 22920 State Highway 7 (Att.No.7-Staff Report) 8. SIMPLE SUBDIVISION Applicant: Location: Jack Duda-representing Allen McKinney 4925 Rustic Way (Att.No.8-Staff Report) 9. PRELIMINARY PLAT - CEDAR HEIGHTS Applicant: Location: Kelly Bosworth West of Woodhaven 2nd Addition (Att.No.9-Staff Report) 10. SETBACK VARIANCE Applicant: Location: Chester Yanik 4245 Enchanted Lane (Att.No.l0-Staff Report) 11. SIMPLE SUBDIVISION Applicant: Location: Construction Mortgage Investors 6065-67 Lake Linder Drive (Att.No.ll-Staff Report) 12. SHOREWOOD CONVENIENCE/SERVICE CENTER APPROVAL OF DAIRY QUEEN BUILDING/CONSIDER PURCHASE OF IMPROVEMENT-WATERMAIN Applicant: Location: 13. STAFF REPORT Marcus Development Corp. 24355 Smithtown Road (Att.No.12A-Staff Report) (Att.No.12B-Letter of Request A. Attorneys Report 1. Lease Agreement-SLMPSD Building (Att.No.13-A-l-Staff Report and Lease) 2. -3- v COUNCIL AGENDA MONDAY, DECEMBER 12, 1988 PAGE 4 13. STAFF REPORTS- Continued B. Enqineers Report 1. Shady Island Bridge Status 2. Brentridge/Howards Point Road Replacement (Att.No.13-B-2-Recommenda- tion) C. Planners Report 1. Status of Building Inspector Appointment 2. D. Administrative Report 1. 1989 Sewer and Water Budgets (Att.No.13-D-1-Proposed Budgets) 2. Discuss Request for Proposals - Auditor 3. Discuss Cable Telecasts 14. COUNCIL REPOR~S A. MAYORS REPORT 1. 2. B. COUNCIL REPORT 1. 2. APPROVAL OF CLAIMS AND ADJOURNMENT -4- J' ,f , l ~""""1. .-.... "'~"'''''~'''a SHOREW~-:"- ,t --"-~ ........~._~~...- ~CIL CHAMBERS COUNCIL MEETING 5755 COUNTRY CLUB ROAD NOVEMBER 28, 1988 7:30 P.M. CITY OF REGULAR MONDAY, MINUTES CALL 'fO ORDER The Regular Council meeting of the Shorewood City Council was called to order at 7:30 P.M., Monday, November 28, 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. ROLL CALL Present: Mayor Rascop, Councilmembers Brancel, Stover and Gagne. Absent- Haugen. Staff: Attorney Froberg, Engineer Norton, Administrator Vogt, Planner Nielsen, Finance Director Rolek, Clerk Kennelly. APPROVAL OF MINUTES Brancel moved, Gagne seconded, to approve the minutes of November 14, 1988, as written. PARK COMMISSION REPORT Park Commissioner Gordy Christensen reported on the last Park Commis- sion meeting issues discussed were signage at the entrance to Freeman Park, review of the current snowmobile Ordinance, and the 1989 appointment of Chair and Vice Chair for the Park Commission. Gordy Christensen moved that the Park Commission not approve payment to Engineer Norton for the grading project at Freeman Park. A joint meeting of the Council and Park Commission was suggested. The Council set the meeting date for December 5th and Gagne would like the staff and the contractor present. The Commission recommended increasing the rink attendants salaries. Administrator Vogt stated that $4,500.00 was budgeted for salaries based on the past four years average hours of operation. If maximum hours of operation occurred, the salaries could go over budget as high as $3,800. This overage could be covered from a different area of the park budget. Brancel moved, seconded by Gagne to increase rink attendant salaries from $4.50, $4.75 and $5.00 to $5.00,'$5.25 and $5.50. Motion carried - 4 ayes -1- /11- MINUTES PAGE 2 . MONDAY, NOVEMBER 28, 1988 . PARK COMMISSION REPORT - Continue The Commission asked the Council to consider concession sales at Cathcart Park. Attorney Froberg said the Ordinance does provide for concession sales by permit. Administrator Vogt will check regulations with the City of Chanhassen. It was recommended that the payment voucher for Freeman Park grading project be paid to the contractor but that the Engineer's fee be held until the work is completed to their satisfaction. CONSENT AGENDA Amend Agenda Gagne moved, seconded by Stover to remove Item A - Freeman Park Payment Voucher from the agenda. Motion carried - 4 ayes. Authorize Administrator and Finance Director to Make Transactions with Midwest Federal Resolution No.149-88 Gagne moved, seconded by Stover to approve the authorization for Administrator/Treasurer Vogt and Finance Director Rolek to make transactions with Midwest Federal. Motion carried - 4 ayes by Roll Call Vote. Freeman Park Payment Voucher Council asked what leverage the City has to have work that has already been paid for corrected. Attorney Froberg stated that a Performance Bond is in effect for one year after the comple- tion date. Engineer Norton reminded the Council that there was two contractors involved in the park project and explained the improvements each contractor was to do. He recommended pay- ing T & S Excavating because they have completed the work covered by the payment voucher. Gagne moved, seconded by Stover to authorize the payment voucher to T & S Excavating for their work completed. Motion carried - 4 ayes. Resolution No.150-88 -2- MINUTES - MONDAY~NOVEMBER 28, 1988 PAGE 3 . PUBLIC HEARING Concept and Development Stage Approval for C.U.P./P.U.D. Residential Estates- Continue Resolution No.lSO-88 After asking for public comment and receiving none, Mayor Rascop closed the public hearing at 8:05 P.M. Stover stated that the Planning Commission approved the request sub- ject to the Planners recommendations in his report of October 27, 1988. Stover moved, seconded by Brancel to grant concept and development stage approval for a C.U.P./P.U.D.-residential estate to Tom Kordonowy at 6100 Apple Road. Motion carried- 4 ayes by Roll Call Vote. REQUEST FOR STOP SIGN- VINE HILL ROAD/HANUS ROAD A petition was received to install a stop sign on vine Hill Road at Hanus Road in an effort to reduce speeding traffic along Vine Hill Road. Administrator Vogt has discussed the petition with staff and Minnetonka staff and neither can recommend controlling speed with stop signs. The best method would be added police enforcement. Planner Nielsen referred to a proposed new intersection at Old Market Road that would take traffic flow from Vine Hill Road when completed in two or more years. Residents Brad Wagner of 5630 Vine Hill Road and Brad Helegeson of 5640 Vine Hill Road spoke on the high speeds and unsafe conditions along that road. Mr. Helegeson has seen concentrated patroling done, but traffic continues to speed as soon as the police leave. The City of Minnetonka is not considering this request at their meeting. \ Gagne moved, seconded by Brancel to request concentrated patroling by Minnetonka and Shorewood. Motion carried - 4 ayes. HENDRICKSON ACRES-FINAL PLAT RESOLUTION NO.l5l-88 Stover stated that the Planning Commission recommended approval of the Henderickson final plat subject to the five conditions listed in the Planners report of November 2l, 1988. Planner Nielsen also re- quested surveyors proof of 40,000 square feet requirement per lot. Stover moved, seconded by Gagne to approve the final plat subject to the Planners recommendations. Motion carried - 4 ayes by Roll Call Vote. -3- MINUTES- MONDAY~OVEMBER 28, 1988 PAGE 4 . COMMERCIAL OCCUPANCY PERMIT - VINE HILL FURNITURE BUILDING Planner Nielsen recommended approval of commercial occupancy permit to be granted to Ms. Janet PoulSon at 19385 State Highway 7. This permit doesn't include any approval for signage. Ms. Poulson will have to submit a signage plan for approval. Stover would like to tie the Certificate of Occupancy with the signage. Attorney Froberg could not recommend approval of that condition. Stover moved, seconded by Gagne to support the City code and not allow signage on the roof or the use of the existing roof board for any signage. Mr. Niemela felt the roof sign should be "grandfathered" in. Staff stated that "grandfathering" only exists for six mont~s after the Ordinance was. passed for prohib~ted signs. Motion and second withdrawn. . Council asked if up grading to meet existing codes would be required. Planner Nielsen stated that the use has not changed so addition re- quirements to meet Ordinance Code can't be requested. The building will be inspected to meet certain safety codes. Gagne moved, seconded by Brancel to issue the Commerical Occupancy Permit subject to Stover amendment to include the complete removal of wording on the roof board as recommended by the Planners report of November 22, 1988. Motion carried - 3 ayes- 1 nay (Rascop-due to lack of parking) BUDGET AMENDMENT-BUILDING INSPECTION - SOFTWARE A budget amendment is recommended for 1988, to purchase software for permit issuance and tracking system. This was proposed in the 1989 with a hardware purchase that will now come from the finance depart- ment. The amendment is for $5,500.00 which will easily be covered by excess revenues in that department. Stover moved, seconded by Gagne to approve the $5,500.00 budget amend- ment to be covered by excess revenues from building permit fees. Motion carried - 4 ayes. FINANCE DIRECTOR- INTRODUCTION- ALAN ROLEK Mr. Rolek began working on November 14, 1988. He is currently work- ing on the sewer and water budget that will be submitted at the December 12th Council meeting. He is looking at software packages and familiarizing himself for payroll backup.He found the department in good condition and up-to-date. Council complimented Jean Sorensen for her efforts and other staff. Mrs. Vogel asked if the City lost money on the sale of the house next door to City Hall. Council said money was lost but due to financing methods it will help to recuperate some losses. -4- MINUTES - MONDA~OVEMBER 28, 1988 PAGE 5 . ATTORNEYS REPORT Trapping Regulation Discussion Attorney Froberg submitted a draft amendment to the Ordinance that would allow the Council to issue permit for the trapping of muskrat s and beavers under specific conditions. The permit would require the trappers name and DNR license, location of traps, approval from property owners, time limitations and type of animal to be trapped. Stover feels the amendment is not. restrictive enough. Gagne and Brancel would like action tabled for a full Council discussion. Mrs. Voegl asked for an explanation of the problem being caused by the beavers in the Waterford area. The drainage to the ponding area has been blocked and new 100 trees have been cut down thus far. She is opposed to trapping and feels it is in- humane. Rich Kraemer of International Ecology Society did a demonstration of the leg hold trap and submitted the Orono Ordinance for review, and explained other types of traps available. Jane Kline submitted information on live traps and supported their use over the leg hold trap. David Dean has had experience with live traps and relocations and feels it can be a workable solution, as long as they are not able to return to the problem site. They dis- cussed planting trees that the beavers will not eat or wrap existing trees. Council tabled further discussion until January 9th, 1989 Council meeting. Calls have been received opposing the Ordinance amendment. ENGINEERS REPORT City Hall Parking Lot Lighting Engineer Norton suggested a street light on Country Club Road could help light the parking lot. Nielsen has an over-all plan that could incorporate the parking lot lights. Council would like the residents of Echo Road notified of any light plans. Gagne suggested that a spot light be installed in the City Hall to light the side walk area. Shady Island Bridge The bridge work has been completed. The County has been notified to inspect for reclassifications of weight restriction limits. The weight limit signs will be changed after it has been rated. PLANNERS REPORT Marcus Development - Contaminated Soil A 5 X 8 shed is necessary to contain the equipment for the filtration of underground contaminated soil. The purpose to incorporate the shed within the base of the bill board. This location does not meet setback requirements. Engineer Norton -5- . MINUTES - MONDAY, NOVEMBER 28, 1988 PAGE 6 . PLANNERS REPORT Marcus Development - Contaminated Soil - Continue has spoken to their Engineer and has found out that the shed can be located away from the exhaust piping. Marcus Develop- ment will return with a relocation for the shed. Joan Mo~er, from the P.C.A., has reviewed the site and made recommendations on stock piling, alternate site and spreading the soil above ground. Gagne would like a report on the methods used in writing. Crepeau Dock/Garden Patch C.U.P. Resolution No.152-88 The Planning Commission recommended that the Council pass a resolution setting a time limit of June 1, 1989 for Crepeau Dock/Garden Patch to complete the condition required in their C.U.P. Council, staff, Tom Lingo and Charles Crepeau discussed the conditions for completion, specifically the parking lot and curbing. Gagne moved, seconded by Stover to require parking lot completion of all other item per list submitted, by May 1, 1989. If after the list has been submitted, and Crepeau does not feel he can complete by May l,a meeting will be held in January for dis- cussion. Motion carried by Roll Call Vote - 4 ayes. ADMINISTRATIVE REPORT Set Union Negotiations Strategy Session Gagne moved, seconded by Brancel to set a union negiotation meet- ing for December 19, 1988 at 7:30 p.m., other items could be addressed by agenda. Motion carried - 4 ayes. Lease Agreement - SLMPSD Building-Discussion Attorney Froberg will be meeting on Tuesday, November 29th, with Tonka Bay's attorney to discuss the proposed agreement. Council felt there was a need to a readjustment in the lease according to the contract formula provided. Attorney Froberg will report back to the Council after the meeting with Tonka Bay's attorney. Sewer and Water Budget The sewer and water budget is being prepared for the December 12 council meeting, part of this budget will contain the new Munitech contract rate. MAYORS REPORT LMCD A meeting will be held to discuss shore land development controls. Planner Nielsen will attend that meeting for Shorewood. The next meeting will be regarding fisheries. Council should notify interested individuals. -6- . . . MINUTES - MONDAY, NOVEMBER 28, 1988 PAGE 7 COUNCIL REPORTS . Gagne will be submitting an amended dog control ordinance in January. Gagne questioned the results of the I & I study with Metro Waste Control. Administrator Vogt stated that a Comprehensive Plan amendment is now required with all new proposed development identified in order to increase system connections. APPROVAL OF CLAIMS AND ADJOURNMENT Stover moved, seconded by Brancel to adjourn the Regular Council meeting of Monday, November 28, 1988, at 9:40 P.M. subject to approval of claims for payment. Motion carried unanimously - 4 ayes. GENERAL & LIQUOR FUNDS - ACCT. NO. 00-00166-02 Checks # 1265-1329 Payroll checklist: Checks # 202543-202604 Total RESPECTFULLY SUBMITTED, Sandra Kennelly City Clerk -7- General $ 109,487.91 Liquor $ 27,919.19 $ 13,685.48 $ 123,173.39 $ 3,020.23 $ 30,939.42 Robert Rascop, Mayor r---- . .. CITY OF SHOREWOOD SPECIAL COUNCIL MEETING MONDAY, NOVEMBER 21, 1988 CONFERENCE ROOM 5755 COUNTRY CLUB ROAD 7:30 P.M. MINUTES CALL TO ORDER The Special meeting of the Shorewood City Council was called to order at 7:33 P.M., Monday, November 21, 1988 by Mayor Rascop. ROLL CALL Present: Mayor Rascop, Councilmembers Haugen, Stover, Gagne and Brancel. Staff: Attorney Froberg PERSONNEL MATTERS Mayor Rascop initiated discussion relative to Section 17 of the Shorewood Employee Relationship Policy. This section is the Grievance Policy. The Mayor stated that he would like language added to Section 17 to make it clear in the policy that employees covered by union agreement use the grievance procedure as set forth in said agreement. Also, Mayor Rascop would like it clear in the Policy who to see if an employee has a grievance. (ie. employee to immediate supervisor, employee to next supervisor, employee to City Council) It was stated that the employee must inform supervisors of steps taken such as going to the next super- visor. Also, the employee must go through the City Administrator who sets up an appointment for the employee to appear before the City Council. The City Administrator was directed to amend Section 17 of the Employee Policy including the abovementioned revisions. Compensatory time for exempt employees was also discussed. Mayor Rascop moved, seconded by Gagne to reiterate the discussion held at the regular meeting of October 24, 1988. Specifically, that exempt employees will not be compensated for overtime and that flexible scheduling for said employees will be at the discretion of the City Administrator. Motion carried - 5 ayes. EXECUTIVE SESSION The Council went into an Executive Session with City Attorney Froberg at 8:05 P.M. to discuss possible litigation relative to the Christmas Lake Road/Christmas Lane cul-de-sac. The Executive Session ended at 8:42 P.M. PERSONNEL MATTERS-Continued The Council continued discussion on compensatory time and the employee policy in general. -1- /i:+ . ~ . . MINUTES- MONDAY, NOVEMBER 21, 1988 SPECIAL COUNCIL MEETING PAGE 2 ADJOURNMENT Haugen moved, seconded by Stover to adjourn the Special Council meeting of Monday, November 21, 1988 at 8:55 P.M. Motion carried 5 ayes. RESPECTFULLY SUBMITTED, Robert Rascop, Mayor Daniel J. Vogt City Administrator (From Notes Taken by Councilmember Haugen) -2- 'if: : " November 15. 1988 C it:, of Shore\JIood 5755 Country Club Road Shor'ewooo, r1inne~.clta 55331 . . O\U~ .. · ..WL~"", 2021 East Hennepin Avenue Minneapolis. MN 55413 612-331-8660 FAX 331-3806 NOV I 8 1988 Engineers Surveyors Planners Re SQutheast ~rea Elevated Water Storage Tank Pedes!a1 Supportec Spherlod and ~ppurtena~t WorK ?rGj~(~ No. 86-1D OE~~ [:':(Tl'TI. No, 3707.40 Ci ty Counc i] Encloseo ar'e four (4) COpies Of Con~.tr.tiction Pa/ment V'Jucher N.j, 9 011 trie above referenced pr'oject in the amount of $ 2850,00. Please make paYThent in amount of $ at YOllr E ai i lest conven I ence. Very truly yours, ORR-SCREL8~-~~YERON & ASSOCIATES, INC. ~-P1~ Ja~es P. Norton,P.E. Project Engineer JFN: RGD Ene losure:. cc : CBl Na-Con, Inc. 2850.00 to e81 Na-Con, inc., 24137 - tilth Street, Plainfield, Illinois 60544 L//l . C(liSTRUCTI(J~ PAYMENT VOUCHER . Estimate Voucher No. 9 Dah NOIJember 15, 198B For Period Ending October 31, 19BB Project Number B6-1D ------------------------------------------------------------------------------------------------------ C1 ass of Work Elevated Water Storage Tank Pedestial Supported Spheriod ------------------------------------------------------------------------------------------------------ For and Appurtenant WorK To : GBI Na-Con, Inc. ------------------------------------------------------ 24137 - I11th Street Southeast Area Plainfield, Illinois 60544 ------------------------------------------------------ (BI5) 436-9800 Ci ty G~ Snorewcod, H~~nepin Court1J Minnesota locat i on A. Original Contract Amount $ 463100.00 B. Total Additions -, 4730,00 C.O. #2 C. Total Deductions , 1600.ao C.O. 111 D. iotal Funds Encumbered -$ 46623C,OO E. Total Value of WorK Certified to Date ., 469230.00 F, Less Retain~d Percentage 5 'f I. $ 23461.00 G. Less Total Previous Payments -$ 442919,00 . H. ApproIJed for Par~ent, This Report -$ 2850.00 I. Total Payments Including This Voucher -f 445769.0(1 J. Balance Carried Forward -l 20461.liO APPRlJv'ALS ORR-SCHELa~_MAYERON & ASSOCIATES, INC. Pursuant to our field obserIJation, 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 and that the total worK is 99 I. completed as of October 31, 198B . We hereby recommend payment of this voucher. Sign,d ::::;~~~;~;;;~~-~;;;:;;--------:::::::------------------------Sign'd '~-~--~~ ------------------------------------------------------------------------------------------------------------------------ This is to certify that to the best of my Knowledge, information, and bel ief, the quantities and values of worK certified herein is a fair approximate estimate for the period covered by this voucher. Contractor eB! Na-Con, Inc. Signed By ------------------------------------------------ Date : Ti tie ------------------------------------------------ ------------------------------------------------ ------------------------------------------------------------ City of Shorewood ApproIJed for Paynent Voucher ------------------------------------ ------------------------------------------------ Checked By Authorized Representative Date Date ------------------------------------------------ Page 1 of 3 3707.40 Estimate Voucher NO._______~___________~ Oate : November 15, 1988 Southeast Area EleIJated Water Storage Tank Pedestial Supported Spheriod and Appurtenant WorK Project No. 86-10 for the City of Shore~ood, Hennepin County, Minnesota Contract Date : WorK COOlp!eted : It ern No. co.tor WorK Star ted Comp 1 et ion Date CBI Na-Con, Inc. 24137-111th Street Plainfield, Illinois 60544 (815) 436-9800 Wor.K Coop 1 e ted Con tr ac t Th is Amount T ota I to Date Quantity Unit Unit Price Total Price Month This Month Quantity Totai P~i~e It ern ----------------------------------------------------------------------------------------------------------------------------------- ScheClu i e "A" 1) Excavation and EmbanKment Borrow Material 2105.2 Granular Borrow BedCing 2105.2 Genera! Imported Fill 2105.2 Topsoil Bor~ow 2) 2211. 2 3) 2331 2341 2357 600 C.Y. 12.00 7200.00 2200 C.Y. 8.00 1 "7,tl"!i; fH'i J. f '.'\{I.I ,\,Il.' 300 CI'Y r 11.00 3300.00 Total for Item No.1 Aggr-ega te Ba~.e Class 5, 100% Crushed ... I........... '.' , .. 1.... , ..... " .. I I I I .5 160 C.Y. 10.00 Total tor Item No.2 ....11...............................,...$ ~ituminous Paving Bituminous PaIJement (Base) Bituminous Surface Bituminous TaCK Coat 28100.00 16(10.00 1600.00 3~ Tons 25.00 850.00 17 Tons 1:10.00 2550.00 10 Gal. 25.00 250.00 ------------ Total tor Item No.3 ........................................$ 4) Concrete Curbing 2531.2 8618 Concrete Curb & or Valley Gutter 5) 2575.2 2575.2 450 L.F. 2.50 Total for Item No.4 .......................",...1..........$ Turf Estabishment Seeded Area Sodding Area 2700 S.Y. 400 S.Y. .40 3.00 Tot a 1 for. 1 t em No.5........... t: . t: . . . . . . . . . . . . . . . . . . . . . . . 1 . .'$ 6) - Water Hains 2611.2 10" DiP Class 50 2611.2 12" DIP Class 50 i) 2611.2 2611.2 2611. 2 2611. 2 110 l.F. 40.00 25.00 ;:'U L.t-. Total for item No.6 .........................................$ Water Main Valves & Fittings (Buried) 16" Butterfly Valve 12" Gate Valve Hydrant ~,~ Valve & Lead All Other Fittings 1 2 1 2000 2500.00 1200.00 1500.00 1.75 3650.00 1125.00 1125.00 1060.00 1200.00 2280.00 4400.00 2000.00 6400.00 2500.00 2400.00 1500.00 3500.00 9900.00 SA) - 500,000 Gal. Single Pedestial Spheroid C/W Foundation, Electrial and All Other Appurtenant Work not Itemized Above Lump Sum 1 472245.00 472245.00 . Page 2 of 3 Total tor IterTI No.7 .........................................$ Total for Item No.SA .......................................$ 472245.00 3707.40 0.00 0.00 0.00 0.00 0.00 O.OG ------------ ------------ i 0.00 .. o.eo o.uo 0.00 ------------ ------------ l 0.00 '$ (l.ce 59 1475.00 59 1475.00 32 4800.00 32 4800.00 15 375.00 15 375.00 ------------ ------------ $ 6650.00 $ 6650.00 0.00 0.00 ------------ ------------ l 0.00 .. 0.00 0.00 0.00 0.00 0.00 ------------ ------------ l 0.00 l 0.00 0.00 0.00 .....U;..i 0.00 ------------ ------------ l 0.00 $ 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 ------------ ------------ l 0.00 l 0.00 0.00 0.00 ------------ ------------ $ 0.00 $ 0.00 . . Estimate Voucher No. 9 Date : Nouember 15, 1988 Southeast Area Eleuated Water Storage TanK Pedestial SupporteCl Spheriod anCl Appurtenant Work Project No. 86-10 for the City of Shorewood, Hennepin County, Minnesota It ern No. item WorK COOlpleted Contract This krtount Total to Date Quantity Unit Unit Price lotal Price Month This Month Quantity Total Price ----------------------------------------------------------------------------------------------------------------------------------- 8B) - 400,000 Gal. Single Pedestial Spheroid C/~ Foundation, Electrial and AI] Other Appurtenant WorK not Itemized Above Lump Sum L.S. Change Order, No. 1 Change Order No. 2 Over run Item No.3 DEDUCT 410045.00 123881.00 0.00 123881.00 10159.00 0.00 10159.00 176591.00 0.00 176591.00 120382.00 0.00 120382.00 320B7.00 0.00 32087.00 ------------ ------------ ------------ 463100.00 .. 0.00 .. 463100.00 . 1600.00} 1600.00) 4730.00 4730.00 3000.00 3000.00 FOljnda t ion EJ ec tn ca 1 Material lank Construction Pai nt Total for Schedule "A" (Items 1 thru 7 Inclusive Item 8B) ........ Total .......................................;$ 466230.00 . 3000.00 S 469230.00 Page 3 of 3 3707.40 . Change Order No. Date : No~ember 15, 1988 Southeast Area Ele~ated Water Storage Tank Pedestial Supported Spher:od and Appurtenant Work Project No. 86-ID for the City of Shorewood, Hennepin County, Minnesota Item No. It em ----------------------------------------------------------------------------------------------------------------------------.------ {160C.OO> 1) - Delete the obstruction I ight/beacon on ihe new 400,000 gal. eleuated tanK. Page t of 1 3707.40 . Contractor CBI Na-Con, Inc. 24137-111th Street Plainfield, Illinois 60544 (815) 436-9800 Work COOlpleted Contract This Amount Total to Date Quantity Unit Unit Price Total Price Month This Month Quantity Total Price . . Change Order No. 2 Date : November 15, 1988 Southeast Area Elevated Water Storage Tank Pedestial Supported Spheriod and Appurtenant Work Project No. 86-10 for the City of Shore~ood, Hennepin County, Minnesota Item No. Item ----------------------------------------------------------------------------------------------------------------------------------- l) Re-paint the darK blue portion of the tower with the 1 ight blue color, all paint, labor, freight and appurtenant ~ork included in the lump sum price. Page 1 of 1 3707.40 . Contractor eBI Na-eon, Inc. 24137-111th Street Plainfield, Illinois 60544 (815) 436-9800 Work Completed Contract ThiS Amount Total to Date Quantity Unit Unit Price Total Price Month This Month- Quantity Total Price i L.S. 4730.00 4730.00 ~ Q~"- ~~ 2021 East Hennepin Avenue Minneapolis, MN 55413 612-331-8660 FAX 331-3806 DEe - 2 1988 Engineers Survevors Planners December I. 1988 City of Shore.ood 5755 Country Club Rd. Shorewood. Minnesota 55331 Re: Shady Island Brid~e Repair and Appurtenant Work Project No. 88-3 OSM Co.... No. 4219 Ci tv Cound 1 : Enclosed are four (4) copies of Construction Pavaent Voucher No. 1 on the referenced project in the alount of S 18.886.00. Please make paYment in alount of S 18.886.00 to Park Construction COIPany. 7900 Beech St. N.E., Minneapolis, Mn. 55432 at your earliest convenience. Very truly yours, ORR-SCHELEN-MA~ 8r ASSOCIATES. INC. ct:: -f-1~~ James P. Norton,P.E. Project En~ineer ..fN: RGD Enclosures: cc : Park Construction COIPany _.....~_.~""'-""'- <;/6 II . . CONSTRUCTI~ PAYl'ENT ~ Estiaate Voucher No. 1 Date December 1, 1988 For Period Ending : Hovelber 22, 1988 Project No. 88-3 Class of Work : Shady Island Bridge Repair and Appurtenant Work To: Park Construction COIPany 7900 Beech Street H.E. Minneapolis, Mn. 55432 (612) 786-9000 Location Shady Island For City of Shore~ood, Hennepin County, Minnesota A. Orisinal Contract Amount $ 19,880.00 B. Total Additions $ 0.00 C. Total Deductions $ 0.00 D. Total Funds Enculbered $ 19,880.00 E. Total Value of Work Certified to Date $ 19,800.00 F. Less Retained Percentage 5 7. $ 994.00 G. Less Total Previous Payaents $ 0.00 H. Approved for Payaent, This Report $ 18,886.00 I. Total Payments Includins This Voucher $ 18,886.00 J. Balance Carried Forward $ 994.00 APPROVALS ---------- --------- OOR-SCHELEN-l'1AYERON & ASSOCIATES, INC. Pursuant to our field observation, as perforaed in accordance ~ith our contract, we hereby certify that the literials are satisfactory and the work properly perforaed in accordance with the plans and specifications and that the total ~ork is 99 X co.pleted as of Noveaber 22, 1988 . We hereby reco.aend pa~nt of this voucher. ------------- : lJ () Y1 d-_ Si,..d : _____________________________________ Si'"d ~~~~~ Construction Observer ------------------------------------------------------------------------------------------------------------------------ This is to certify that to the best of IY knowledge, inforaation, and belief, the quantities and values of work cer.tified herein is a fair approxiaate estiaate for the period covered by this voucher. Contractor: Park Construction Company Sisned BY ---------------------------------------------- Date : Title ------- -- ----------- Ci h of Voucher Checked BY : Shorelllood Approved for payaent Authorized Representative Date Date Pa~e 1 of 2 4219 Estiaate Voucher No. 1 . Date: Decelber 1. 1988 ShadY Island Brid~e.Repair and APpurtenant Work Project No. 88-3 for the City of Shore.ood, Hennepin County, Minnesota Contract Date : October 28, 1988 Work Co.,leted : He. No. Itea 1) COIPletion of the brid~e repair, except for itell no. 2 2) Furnsihin~ and Installin~ Steel H Piles, in place and below cutoff, as specified ~ctor: Park Construction COIpany 7900 Beech Street N.E. Minneapolis, Mo. 55432 (612) 786-9000 Work Started COIPletion Date : Work COllPleted Contract This Aaount Quantity Unit Unit Price Total Price Month This Month Total to Date Quantity Total Pric 1 L.S. 11000.00 11000.00 1 11000.00 240 L.F. 37.00 1 L.S. 8880.00 8S8O.oo 1 8S8O.oo Total ....................................................$ 19,880.00 $ 19,880.00 PUe2of2 4219 1 11000.0 1 8S8O.0 $ 19,880.0\ .. MEMO TO: FROM: DATE: SUBJECT: . . CITY OF SHOREWOOD MAYOR Robert Rascop COUNCI L 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.~ December 2, 1988 Request for Letter .of Credit Reduction - Harding Acres 2nd Addition Attached you will find a letter of request along with support documen- tation to reduce the Letter of Credit for the Harding Acres 2nd Addition improvements submitted by Jack C. Worledge, President of Great Plains Financial Services, Inc. Staff has reviewed the request and finds it acceptable. Work has been completed according to City sp~cifications and lien waivers received. It is normal practice to reduce the Letter of Credit by 150% of the lien waivers received. However, in this case, cost overruns have inflated the construction contract to an amount which would reduce the Letter of Credit to zero dollars if reduced by 150% of the lien waivers. This being the case, and by reviewing the bid for the work yet to be completed, it is recommended to reduce the Letter of Credit to an amount of not less than $17,000. This amount will cover the final lift of blacktop on the street and final clean-up. The developer has also been informed that a one year maintenance bond will be required to cover the cost of the improvements after acceptance of said improvements by the City. Based upon the foregoing, it is the recommendation of staff to pass a resolution approving a reduction in the Letter of Credit provided by the Harding Acres 2nd Addition developer to a new amount of $17,000. It should be noted that the resolution will not be released until such time that all outstanding bills for City services are paid in full. This item appears on the Consent Agenda of the December 12 meeting for your consideration. DJV/al Please contact me if you have any questions. cc: Glenn Froberg, Jim Norton, Brad Nielsen, Jack C. Worledge A Residential Community on Lake Minnetonka's South Shore LlL~ . . RESOLUTION NO. WHEREAS, The City of Shorewood (the City) has entered into a Development Agreement dated July 27, 1988 with Airnational Group, Ltd. (the developer) for the development of Harding Acres 2nd Addition; and WHEREAS, Paragraph 19 of such Agreement provides for a performance guaranty in the form of an irrevocable letter of credit approved by the City in an amount equal to 150% of the total cost of the improve- ments; and WHEREAS, Developer has obtained such letter of credit from Western Bank in the original sum of $120,000.00, which letter is dated July 1, 1988, and entitled Irrevocable Letter of Credit No. A422; and WHEREAS, The City has accepted certain site work completed by the developer involving total payments to the contractor to date in the sum of $104,703.60; and WHEREAS, The City Council previously xeduced the Letter of Credit to the amount of $25,000.00 at its meeting of November 14, 1988 by Resolution No. 139-88; and WHEREAS, The Developer has requested that the Letter of Credit be further reduced. NOW, THEREFORE BE IT RESOLVED BY THE City Council of the City of Shorewood, Minnesota, that: 1. The original Letter of Credit required by Paragraph 19 of the Development Agreement may be reduced. 2. The City Administrator is hereby instructed to inform Western Bank that Irrevocable Letter of Credit No. A422 may be reduced to the sum of $17,000.00 which is estimated to be the value of work yet to be completed. Adopted by the City Council of the City of Shorewood, Minnesota, this day of , 1988. ATTEST: Robert Rascop Mayor Sandra L. Kennelly City Clerk . e DEe - r 1988 Great Plains Financial Services, Inc. November 29, 1988 Daniel Vogt City of Shorewood 5755 Country Club Road Shorewood, Minnesota 55331 RE: Harding Acres Second Addition Dear Dan: Enclosed is a bid submitted by Ron Lahti for completion of the second lift of paving and sodding in our subdivision. This bid in the amount of $11,347.00 has been accepted as indicated. We request that you process a reduction of letter of credit #A422 issued by Western Bank and Insurance Company to an amount equal to one and one half times the amount of the contract, or $17,000.00 Please notify me if any additional documentation or information is required prior to your taking this action. Thank you very much for your assistance in this matter. Sincerely, ~ Jack C. Worledge President Enclosures JCW/llv cc: Cindy Carlson OCC Financial Plaza. Suite 100. 7271 Ohms Lane. Edina. MN 55435 [J 612-897-3622 0 1-800-356-7054 (Wattsl 0 612-897-3724 (Faxl . .. . . Airnational Group, Ltd. 7271 Ohms Lane suite 100 Edina, Minnesota 55435 The following is my bid to complete the paving consisting of laying a 1 1/2" lift of asphalt paving at Harding Acres Addition #2. This work will be completed in the April of 1989 as weather permits. In addition I will provide the sodding required to complete the project: Asphalt Paving sodding Total /~/:2 '1 / ?f Date t $10,097.00 1.250.00 $11,347.00 L~ Ron Lahti Date /~~ Accepted by Airnational Group, Ltd. ~(?t'lk/~ ck C. Worledge Secretary ., 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 Counci1members Dan VOgtlfjl December 2, 1988 Street Lighting Request - Sweetwater at Near Mountain 3rd Addition Attached you will find a letter of request from Mr. Michael Pflaum representing Lundgren Bros. Construction, Inc. for the installation of street lights in the Near Mountain Development known as Sweetwater at Near Mountain 3rd Addition. A plat map is attached to the letter which shows the proposed locations of the lights. Staff has reviewed the request and recommends approval of seven (7) - 100 watt high pressure sodium street lights per the request. The lights and poles are to be the same as other portions of the Near Mountain Development. This item appears on the Consent Agenda of your December 12 meeting for your consideration. Please contact me if you have any questions. DJV/al Attachment cc: Michael Pflaum A Residential Community on Lake Minnetonka's South Shore L/iJ . . LUnDGREn B.R.O~cONsTRucT'oN ~. INC. DEe - 2 1988 935 EAST WAYZATA BOULEVARD. WAYZATA, MINNESOTA 55391 . (612) 473-1231 November 30, 1988 Mr. Daniel J. Vogt Shorewood City Administrator 5755 Country Club Road Shorewood, MN 55331 Re: Sweetwater at Near Mountain 3rd Addition - Street Lights Dear Dan: Attached hereto is a plat of subject subdivision on which seven street light locations have been identified. Mr. Larry Fortun of Northern States Power and I have observed these locations in the field and concur that the placements are appropriate for such a wooded site. Please accept this letter as Lundgren Bros. Construction, Inc.'s, petition for installation of street lights at the locations shown. Very truly yours, LUNDGREN BROS. CONSTRUCTION, INC. ~/1 . 10/ / vdd c:: r;Z-- Michael A. Pflaum MAP:bf Enclosure cc: Mr. Larry F. Fortun, Northern States Power / / ! ~ CH"',.....~'UT ..., ~.~.... ~10UNTA~N SWEE'lWATER AT nEAR MOUN'I'AIN 3RD ADDITION RIDGE-: I'y ...., NE~,R 9TH ADO:l-;ON L~ l~ ..;> (.I) ~ R ~. t'- ~ r,\ f-<' "'-';:f-~. (j" '1~ 0 ;.~ 10_---- '<(" Q; or (~J "t Q.... -l' lo_ t.. i:; _-J ..- ie/ fJ .~ ~~ J.'t ~.. ~J -. . Shown above are all drainage and utility easements dedicated in the final plat Not shown are easements which may have been created by other instruments. Lundgren Bros. Construction. Inc., reserves the right to sell lots in this subdivision to other builders and makes no representation that all houses in this subdivision will be built by Lundgren Bros. LunDCiREn BRO~1AUC1ION 935 East Wayzata Blvd. Wayzata. MN 55391 Phone: (612) 473-1231 ~ .... J. MEMO TO: FROM: DATE: SUBJECT: . . CITY OF SHOREWOOD MAYOR Roben Rascop COUNCI L Jan Haugen Kristi Stover Roben Gagne Barb Brancel ADMINISTRATOR Daniel J. Vogt 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 . (612) 474-3236 Mayor and Counci1members Dan Vagt 1if' December 2, 1988 Revised Grievance Policy Attached you will find a revised Grievance Policy as included in the Shorewood Employee Relationship Policy. The revisions are drafted per your direction from the November 21, 1988 Special Council meeting. The policy now is more specific as to who the employee is to see with a grievance. It also makes it more clear that employees must inform super- visors and the City Administrator how they plan to proceed with a grievance. Finally, any meeting with the City Council is done by appointment through the City Administrator. Since it is felt that the language accurately reflects your direction, this item appears on the Consent Agenda of your December 12 meeting for your consideration. DJV / al Please contact me if you have any questions. Attachment A Residential Community on Lake Minnetonka's South Shore 4,1! . . . Section 17. GRIEVANCE POLICY It is the policy of the City insofar as possible to prevent the occurance of grievances and to deal promptly with those which occur. When any employee grievance comes to the attention of a supervisory employee, the supervisor shall discuss all relevant circumstances with the employee, and his representative if he so desires, consider and examine the causes of the grievance, and attempt to resolve it to the extent that he has authority to do so. If the grievance is not dealt with satisfactorily at that level, the grievance may be carried up to the next higher administrative level, including the City Council. An example of the process is as follows: 1. Employee to immediate supervisor 2. Employee to next supervisor (in most cases this is the City Administrator) 3. Employee to City Council It shall be the duty of the employee with the grievance to inform all supervisors, including the City Administrator, what steps the employee plans to take to resolve the grievance. If the employee wishes to take the grievance to the City Council, the City Administrator shall set up an appointment for the employee to meet with the Council. - 20 - , MEMO TO: FROM: DATE: SUBJECT: . . 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 Mayor and Councilmembers Dan Vogt ~ December 5, 1988 Two Year Contract Extension Proposal-Munitech Attached you will find a letter of request and a proposed Water and Sewer System Maintenance Contract with Munitech. As you are aware, Munitech has performed water and sewer maintenance under contract since 1985. The pro- posal is for a two year renewal which would take us through 1990. Munitech takes care of the water system in its entirety and the sewer system lift stations. The gravity sewer lines are maintained by our Public Works staff. The proposal from Munitech indicates that it takes 3252 man hours to perform maintenance services on our water and sewer systems covered by their contract. A full-time position is considered to work 2080 hours per year. One revision to the contract proposal is the elimination of sealing water meters by Munitech. The Building Inspector will be able to perform this service. This eliminates approximately 50-55 man hours. Mr. Polston indicates a reduction in the total annual fee of $1,000.00 for this revision. The total cost of the services performed by Munitech comes to just over $18.00 per hour. Using a wage rate established in the Union Agreement, and by cal- culating the loaded labor rate of that position, the hourly rate is comparable to having our own staff performing this work. Also, Munitech offers the services of three certified water and wastewater operators, as well as the services of a certified electronics technician. This electronics technician is calculated at the same rate as the other Munitech employees. If not under contract, the electrician is calculated by Munitech at a rate of $30.00 per hour. Prior to Munitech, the City used a firm known as Aquatrol for electronics work. This firm charges at a rate of $54.00 per hour. The advan- tage of this service alone is substantial. Further, Munitech provides its own vehicle and most equipment necessary to perform the contracted services. By using the loaded labor rate and adding vehicle costs, it is cost effective to continue to use Munitech for the water and sewer maintenance services. Due to Munitech and the excellent operation of the systems, equipment failures are virtually nonexistent. Also, we are not receiving citizen complaints as we did prior to the Munitech contract. A Residential Community on Lake Minnetonka's South Shore ifF I' Mayor and counci4ltmbers Two Year Contract Extension Proposal-Munitech Page 2 . The two year contract contemplates a monthly fee of $5,000. With the elimination of the sealing of meters, the fee calculates to $4,917.00 per month. This compares to the current fee of $4,175.00 per month. This is a 17.8% increase over two years. It should be noted that over the past two years, the City has added between 250 and 300 new homes. All of these units add to the work of Munitech. Items that also add to increased contract costs are increases in labor and insurance costs. These continue to be part of the contract price. Finally, new OSHA confined space entry requirements and the new Gopher State One-Call System will add to Munitech costs. Based on the foregoing, it is highly recommended to renew the two year contract by Resolution for Water and Sewer Maintenance with Munitech at a fee of $4,917.00 per month. As stated earlier in this report, Munitech is doing an excellent job in performing maintenance to the water and sewer systems. Because the City.is familiar with the services performed by Munitech, this item appears on the Consent Agenda of your December 12 meeting for your con- sideration. Please contact me if you have any questions prior to Monday night. Also, Bob Polston will be at the meeting if you have concerns and wish to re- move this item from the Consent Agenda for discussion. DJV/al Attachments cc: Munitech Glenn Froberg Don Zdrazil Sandy Kennelly Jim Norton Al Rolek -2- .,UNITECH,INc. 2373 WILSHIRE BOULEVARD MOUND, MN 55364 Phone: 612/472.2718 November 15, 1988 City of Shorewood 5755 Country Club Rd. Shorewood, MN 55331 Attn: Mr. Dan Vogt City Administrator Dear Dan, This letter is our proposal for renewal of our contract to provide operation maintenance of Shorewood's utility system. I would like to outline for you and the council what is involved and the man hours required to operate and maintain the utility system. The following breakdown is for the year 1988: 2240 man hours for normal daily inspections of wells, lift stations, flushing hydrants, cleaning pump houses and lift stations, collecting water samples, testing water, scheduling appointments for customer service, preparing reports for state health department. One addi- tional reason for an increase in man hours for sanitary sewer lift stations is that the state law requiring two people for entering into confined spaces, such as lift stations has gone into affect; also confined space entry permit regulations. 260 man hours for electronics technician and helper. This includes cleaning of motor starters, troubleshooting control problems, normal preventive maintenance on all equipment in wells, lift stations, as well as on chlorine and fluoride feeders. Also included is callout time for repair or maintenance needed caused by thunder storms, power failures, etc. 264 man hours for inspections of new water and sanitary sewer services installed, preparation of records and locations. The amount of time required for location of water mains, service lines, etc. will most likely increase because of the new Gopher State-One-Call System that requires utility operators to locate their underground equipment. This system was just started in early fall and hopeful1y will work better to everyone's advantage as time goes on. 200 man hours reading and repairing water meters; also sealing all meters. 208 man hours of on-call, week-end, and holiday checking of equipment. 80 hours of actual overtime for call-outs on after hours, week-ends, and holidays to take care of failures and answer complaints. Please note this has been significantly reduced because of our preventive maintenance program and because of the installation of autodialers at wells. We believe the service to customers has been enhanced and improved greatly from two years ago. UTILITY SYSTEM MAINTENANCE . SERVICE FOR ALL MAKES OF METERS . SPECIALIST IN FLOW METER REBUILDING ...: ... . . As you can see, 3252 man hours are required and over 10,000 miles on a vehicle to operate and maintain the utility system. Also included in our contract is general liability insurance, workers compensation insurance, and auto insurance. We are also providing vehicles and small tools to operate and maintain the system. We would like to take this opportunity to thank you, the city council, and the citizens for the chance to serve Shorewood over the past four years. We have worked hard to provide Shorewood with excellent service as well as efficiency in operation. Our contract expires at the end of 1988. We would like to continue providing service on a contractual basis for Shorewood. We are therefore submitting our request for a new contract at this time. We are proposing a two year extension of the contract for 1989 and 1990 for a fee of $5000.00 per month. I believe when the total cost of operation is considered and compared to our contract, we are able to provide a very cost effective alternative. to the in-house operation and capital outlay that would be required by the City. We are offering the services of three certified water and wastewater operators , and also the services of a certified electronics technician. Again, thank you for the opportunity of serving you over the past four years. We hope to continue operation of Shorewood's systems assuring you of our continued striving to reach the best profess- ional and highest quality of service possible. Yours truly, ~~ Bob Polston President, Munitech, Inc. BP/jp '- . . WATER AND SEWER SYSTEM MAINTENANCE CONTRACT IT IS HEREBY AGREED by and between Munitech, Inc. a Minnesota corporation hereinafter referred to as the "Contractor" and, The City of Shorewood, hereinafter called the "Owner", as follows: 1. The contractor will provide qualified personnel to furnish the owner with the following services: A. To operate and maintain the water system and the sanitary sewer pumping stations of the owner 24 hours per day, 7 days per week (holidays on call). B. To daily inspect the operation of the pumping facilities. To quarterly assess performance of the well and pumping efficiency. To insure that all electronic controls and pumping equipment are operating at maximum efficiency. C. To inspect the water system and sewer system and future additions to the system. D. To maintain and recalibrate all water meters to insure that all revenues due to the owner are charged and that the meters are functioning at maximum efficiency. E. To assess electrical energy requirements to insure that pumping costs are kept as reasonable as possible. F. To provide tools~ equipment, a vehicle and fuel to carry out the necessary job functions. G. To collect fluoride and bacteriological samples and tests as required by the Minnesota Health Department and to file all appropriate reports with the State. H. To meet regularly with the City Administrator to insure continuity of operation. I. To provide contact with the public to handle and resolve problems while coordinating with the owner to establish good public relations. 2. The contractor agrees to maintain its own workers' compensa- tion insurance, liability insurance, automobile insurance on vehicles etc., health insurance and employment compensation. The owner will have no responsibility for social security, vacation pay, retirement or disability insurance. The contractor shall be deemed in all ways to be an independent contractor. -1- ,,>-. ....... . . 3. The contractor will supply labor for minor repairs on all equipment such as chemical pumps, control systems, sewage pumps and motors. Major repair work including removing well pumps, motors, main electrical service, and major piping changes are to be the responsibility of the owner. 4. The contractor will supply no materials. All materials will be paid for by the owner. All equipment rental for major repairs or for expanding the systems, such as excavation equipment shall be paid for by the owner. 5. The contractor shall have the authorIty to purchase materials and to hire equipment and equipment operators on behalf of the owner in an emergency with the permission of the owner. 6. The term of this contract shall be from January 1, 1989 through December 31, 1990. 7. The owner will pay to the contractor the sum of $5,000.00 per month. IN WITNESS WHEREOF we have caused these presents to be executed this day of , 1988. MUNITECH, INC. By Robert D. Polston President By Stanton Anderson Vice President THE CITY OF SHOREWOOD By Robert Rascop Mayor By Sandra Kennelly City Clerk -2- MEMO TO: FROM: DATE: SUBJECT: . . MAYOR Robert Rascop COUNCI L Jan Haugen Kristi Stover Robert Gagne Barb Brancal ADMINISTRATOR Daniel J. Vogt CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD. MINNESOTA 55331 . (612) 474-3236 Mayor and Counci1members Dan Vagt Vrql December 5, 1988 Permanent Appointment - Anne Latter As of this date, Anne Latter has completed the six month probationary period per the Employee Policy in the position of Secretary/Receptionist. Anne has proven to be an excellent employee and is dedicated to the position that she has accepted. Anne Latter is therefore recommended for permanent appointment to the position of Secretary/Receptionist. This item appears on the Consent Agenda of your December 12 Council Meeting for your consideration. DJV/a1 A Residential Community on Lake Minnetonka's South Shore -L/(17 . . FROBERG & PENBERTHY, P.A. A TTORNEYS A T LA W - Glenn Froberg James G. Penberthy Paul B. Ahern . 17736 Excelsior Boulevard -..:-_ - -.Minnetonka, Minnesota 55345 (612) 474-8877- December 7. 19B8 FROM: Glenn Froberg ;... ~ ,. TO: Mayor and City Council RE: Project Air Agreement I have reviewed the Project Air Agreement proposed by the West Hennepin Human Services ("WHHS") and have the following recommendations: Page 1. Paragraph 1.6: Proiect AIR forms. Project AIR forms should be available in quadruplicate--one copy for the participant. one copy for WHHS, one copy for Minnegasco, and one copy for the City. Page 6. Section 6: Compensation. The "blank" should be filled in for the total amount of dollars. Page 7, Section 6.2: Proiect AIR Visits. The "blank" should be filled in for the total amount paid. Page 7. Section 6.4: Limitations. The "blanks" should be filled in for the total amount of dollars funding and limitations. Except for the above minor modifications, the agreement proper form for execution by the City. ," l" \ . . 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: MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 7 DECEMBER 1988 RE: AMERICAN LEGION - SIGN PERMIT FILE NO.: 405 (Signs) Paul Christensen. on behalf of the American Legion Post #259. has requested a permit to install a 4' x 6' sign on the east side of their building at 24450 Smithtown Road. According to his request letter (Exhibit A. attached). the Legion currently has one (freestanding) sign. located in front of the building which measures 4' x 6'. The property is located within the C-3. General Commercial District. Businesses in the C-3 District are allowed as many as three signs. one of which may be freestanding. not exceeding in area 10% of the area of the building silhouette as viewed from the street. Based on the applicant's measurements the Legion is allowed up to 54.7 square feet of signage (.10 x 547 = 54.7). The total area of existing and proposed signage is 48 square feet. Subject to verification by this office of existing building and sign measurements. approval of the sign permit is recommended. As a final note. the applicant has not specified where on the east side of the building the sign will be located. He is hereby advised that the sign must be mounted on the wall with no portion extending above the eave of the roof. cc: Dan Vogt Glenn Froberg Paul Christensen A Residential Community on Lake Minnetonka's South Shore L/E . . Clarence Clofer Post and Unit No. 259 24450 Smithtown Road Shorew~od, Minn. 55331 11-29-88 City of Shorewood 5755 Country Club Rd. Shorewood, Mn. 55331 Subject: Sign Permit The American Legion Post #259 of 24450 Smithtown Rd. Shorewood Mn. would like permission to install a sign on the East side of the building so it could be viewed from the intersection of County Rd. 19 and Smithtown Rd. Enclosed is a sketch of the proposed sign size 6'x4'. The square footage of our building facing Smithtown Rd. is 547 sq. ft. There is one sign in front of the building now that is 6 I x4 I . Yours Truly, gJy~~ -- ., Paul Christensen Aejutant Uh', k;r\ A / . ~ WAYNE A. POKORNY Attorney at Law Twin City Federal Building 435 Water Street Excelsior. MN 55331 (612) 474-5476 December 2, 1988 Ci ty Cou ncil City of Shorewood 5755 Country Club Road shorewood, MN 55331 ATTN: Bradley Nielsen RE: South Forty Addition - Final Plat Dea r Mr. Niel se n: pliminary plat approval of the above sub-division is required by Decemb er 13, 1988. We re spectfully reque st a 60 day exte nsio n which is necessary for the followiIlJ reasons: After approval of the prelimi na ry pla t, we reque sted William R. EIlJelhardt Associates, Inc. to do the necessary eIlJineeriIlJ. EIlJelhardt subcontracted Demars-Gabriel to provide the survey. Demars-Gabriel certified the survey as complete on August 18, 1988. As a novice land developer, we assumed, naively perhaps, tha t si nce the survey wa s do ne 4 mo nths before the deadli ne, tha t the sewer and gradi IlJ pla ns a nd other ma tters required for the final plat would be timely prepared. I have now been advised that E IlJelha rdt will be unab le to complete the co nstructio n pla ns and other submissions prior to the end of January 1989. (see attached) After Demars-Gabriel completed the survey, we provided EIlJelhardt with all information they requested includil'l3 the Title Opinion, as-built eIlJineeril'l3 data from the City of Shorewood showil'l3 the layout of the existil'l3 storm and sanitatary sewer etc. We apoligize for the late submission. Our el'l3ineer was aware of our time co nstra i nt s. We feel we did everythi l'l3 to make the submi ssio n timely, unfortuna tely, si nce thi s is a small development, our job was apparently put on the backburner by the el'l3ineer in favor of more prefered customers in an effort to complete their developme nts before the grou nd freeze s. Thank you for your consideration in this matter. Yours very truly Wayne A. pokorny WAP:tcp ijJ . . . RESOLUTION NO. A RESOLUTION DECLARING A VACANCY ON THE SHOREWOOD CITY COUNCIL WHEREAS, Jan Haugen is an elected member of the Shorewood City Council whose term of office expires January 2, 1991; and WHEREAS, Jan Haugen was elected Mayor of the City of Shorewood at a regular election held on November 8, 1988; and WHEREAS, Jan Haugen has indicated her intention to accept such office of Mayor, which term commences on January 3, 1989; and WHEREAS, such acceptance by J an Haugen will thereupon work a vacation of her office as member of the Shorewood City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. That a vacancy on the Shorewood City Council is hereby declared. 2. That such vacancy shall become effective on January 3, 1989, or at such later time as Jan Haugen shall qualify for the office of Mayor of the City of Shorewood. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 12th day of December, 1988. Robert Rascop, Mayor ATTEST: Sandra L. Kennelly, City Clerk Roll Call Votes: Ayes: Nays: L/K . . WILLIAM R. ENGELHARDT ASSOCIATES, INC. ce~ ~~ 1107 HAZELTINE BOULEVARD CHASKA, MINNESOTA 55318 (612) 448-8838 December 2, 1988 Yellowstone Trail Development, Inc. c/o Mr. Wayne Pokorny 24275 Yellowstone Trail Shorewood, MN. 55331 RE: South Forty Plat Dear Mr. Pokorny: Thi s is to inform you that our company wi 11 be unable to furnish you with final grading and utility plans for your South Forty plat until January 30, 1989. Please contact our office if we can be of assistance to you before this completion date. Yours truly, WILLIAM R. ENGELHARDT ASSOCIATES, INC. tJpCif$~~ Owen Carlson CNC/las '4 ~1EMO 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 ~.d ouneilmembers Dan VO~'City Administrator December 2, 1988 1989 Excelsior Fire Contract Attached you will find a copy of the 1989 Fire Protection Agreement between the Cities of Excelsior and Shorewood. Language is consistent with previous agreements. The dollar amount is as we discussed and adopted during the Budget Sessions. Approval is recommended as submitted by Resolution. This item appears on the Consent Agenda of your December 12 meeting for your consideration. DJV/al Please contact me if you have any questions. cc: Glenn Froberg City of Excelsior A Residential Community on Lake Minnetonka's South Shore ~ . . DEe - 1 1988 CITY OF EXCELSIOR 339 THIRD STREET EXCELSIOR, MINNESOTA 55331 TELE: 612-474-5233 OFFICE OF THE CITY CLERK November 30, 1988 Daniel J. Vogt, Administrator City of Shorewood 5755 Country Club Road Shorewood, Minnesota 55331 Dear Dan: Enclosed are four copies of the 1989 Fire Contract. Please have all four copies signed and return to me. r will return one copy of the contract to you when Excelsior signatures have been executed. S. ( /p Encls. . CITY OF EXCELSIOR . 339 Third Street Excelsior, MN 55331 . Page 1 of 2 1989 FIRE PROTECTION AGREEMENT THIS AGREEMENT, made and entered into this first day of January, 1989., by and between the City of Excelsior, a municipal corporation of the County of Hennepin in the State of Minnesota, party of the first part, herein- after referred to as lithe City", and the City of SHOREWOOD a municipal corporation of the County of Hennepin in said State, party of the second part, witnesseth: That in consideration of the sum of Sixty-six Thousand Nine Hundred Fifty-five Dollars and no/100 ($66,955.00) ... to be paid by the Party of the second part to the City, the City agrees to furnish fire services including protection, suppression and preventative inspections undertaken by the City's Fire Marshal for all property within the corporate limits of said second party, for the compensation and on the conditions hereinafter set forth. The City further agrees that its firefighters will make a reasonable effort to attend the fires within the limits of said second party when notified of such fires, provided however: . That in the event of two fi re ca 11 s from properti es withi n muni ci pa 1 i ti es under contract with the City, the first call shall have priority, and the second call shall be answered as soon as possible, with the understanding of the parties hereto that the City has made or contemplates making similar contracts with municipalities other than second party; That road and weather conditions be such that the fire run can be made with reasonable safety to personnel and equipment, and the decision of the fire chi~f or other fire department officer in charge shall be final as to whether road and weather conditions make a run possible or advisable; and That the City shall not be liable i'n any way to the party of the second part, or to any inhabitant or property owner thereof, or to any person, firm or corporation for failure of the Fire Department of the City to attend a fire, or to put out a fire, or for damage to goods, or for any act or omission. The City further agrees: To purchase, own and maintain in good order such fire apparatus and equipment as it may consider necessary and suitable for fire service and fire protection to the City and second party and to such other municipalities 'as the City may make contracts with, with the understanding that the property within the City shall have the first call on the service of the Fire Department of the City; To furnish not less than five (5) firefighters on each call within the limits of said second party; To make no claims against said second party on account of damage to the property of the City while in the fire service of said second party, to carry liability insurance protecting itself against damage claims of its firefighters for personal injuries sustained while in service within the limits of said second party, and to further carry liability insurance saving both parties harmless so far as neqliqent acts of the firefighters of the City are concerned; and . City of Excelsior Fire Contract Page 2 of 2 1989 Attest: By . . THE CITY OF SHOREWOOD ATTEST: By: By: Mayor THE CITY OF EXCELSIOR City Clerk By: Mayor By: City Manager c '" . . 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: 1 DECEMBER 1988 RE: KUEMPEL CHIME CLOCK WORKS AND STUDIO - REZONING FILE NO.: 405 (88.46) BACKGROUND In 1978 Kuempel Chime Clock Works and Studio applied for and was granted a rezoning from R-2 (currently R-1C) to R-C. Residential Commercial. They were simultaneously granted a conditional use permit to operate as an art studio at their existing location - 21195 Minnetonka Boulevard (see Site Location map - Exhibit A. attached). The determination that Kuempel Chime was in fact an art studio was based on recommendations by both the planning and legal consultants at the time (see Exhibits B and C). The City subsequently approved both the rezoning and c.u.p. but the rezoning was part of the resolution approving the c.u.p. rather than by ordinance (see Exhibit D). Since the resolution was never published as ordinances are required to be. the current zoning of the property remains residential (R-1D now) and the business technically exists as a nonconforming use. The owners of the property wish to bring in another business similar to their's to occupy some of the space in their building which they are currently not using. The current zoning and nonconforming use status of the property preclude any change in the existing signage on the building. To resolve this and future problems which may arise from being nonconforming. the owners have asked the City to reprocess their request and ratify the previous approval (see Exhibit E - the brochures referenced in their letter will be available at the meeting). The City Council. at its 24 October meeting agreed to process the rezoning at the City's own initiative. A Residential Community on Lake Minnetonka's South Shore o . . Re: Kuempel Chime Clocks Rezoning 1 December 1988 ANALYSIS/RECOMMENDATION The rezoning is largely considered a "housekeeping" matter. The applicant went through the appropriate channels in 1978. The current nonconforming use status of the property is the result of the City's failure to properly process the request. The situation should be used as an opportunity to review the original c.u.p. It must be realized that the site is nonconforming in several ways (e.g. building setbacks. parking setbacks. loading areas. screening and landscaping). Presumably these items were all taken into consideration when the building was allowed to be expanded as part of the 1978 approval. It is worth mentioning that there is no record of any neighborhood complaints against Kuempel Chime in our files. One individual. however. who received the public hearing notice for the rezoning proposal. expressed concern over landscaping/buffering against the residential properties bordering the site. That resident claims that he had the same concerns in 1978 but was not notified of the hearing held for the original request. Having field inspected the site. the resident's concern is considered valid. While there is no apparent active use area at the rear of the building. the building is quite massive as viewed from the east and is only 19 feet from the property line at the northeast corner of the building (see Exhibit F). Existing vegetation at the rear of the building is quite ineffectual at this time of year. It is recommended as part of this request that the applicant be required to submit a landscape plan incorporating at least six evergreen trees, 4' - 6' in height, at the rear of the building to visually break up the mass of the building. Similar treatment should be provided on the north and south sides of the building. One of the concerns addressed in the previous c.u.p. was that the use and ownership of the property continue as the Kuempel Chime Clock Studio. While they do propose to allow Outdoor Designs (see enclosed brochure - Exhibit G) to occupy a portion of their building. the use is considered similar to the clock studio and ownership will continue by the McGregor family. Relative to the proposed tenant there is some concern over parking adequacy. The area in the building to be used by Outdoor Designs. was originally approved as unheated storage space which created little or no demand for parking. If there is an increase in activity. the parking lot. which is already tight may become inadequate. It is suggested that the property be monitored in terms of parking. If cars are being parked on the street. the City should consider that additional parking be provided on the north side of the building. The new conditional use permit should require a review by the City in one year. - 2 - . . Re: Kuempe1 Chimes Clocks Rezoning 1 December 1988 The updated c.u.p. should include reminders that business hours are to be limited to 8:00 a.m. to 9:00 p.m. and that no outdoor display or storage are allowed on the site. The applicant should be advised to submit an overall sign plan consistent with Section 1201.19 Subd. 8d. of the City Code. Finally. the subject property currently exists as two separate parcels. These should be legally combined into one. BJN:ph cc: Dan Vogt Glenn Froberg Audrey McGregor - 3 - ./ ' I , : ~ 10S ~ <' t::J~ fQ -v . ~ ..... 106 ~t::J "(.0 ~O\ ~ I..... Z2., .~ ---r---:-- \ \ \ ~ ~ "" , ..... ::-...:" (J,...... eLK. 4~'. LINWOOD PA IVACATED , .- -> l~ <'00) C1l " (50~) PART OF EAST FAIRYIEW YACATED .. Nv rt ~ , I " :: 2.00 /~" bj~ ",t if,(\-L ~ d a: ~ . 24 3 ..J ~ . 23 J: >- 22 a.. <J.J w U) n , ~ . ... 1 4i " '> - T - Rezoning ,... C'~c:,~_ ..~- . ... . 'I (' . (~ " . urban planning . design . market research 2101 hemepil avenue south miMeapoIs minesOta 55405 (612) 871- 2661 May 5, 1978 Ms. Elsa Wiltsey, Administrator City Administrative Offi ces 20630 Manor Road Shorewood, Minnesota 55331 RE: Shorewood T A - Keumple Clocks Request Dear Elsa: After reviewing the R-C allowable use provisions and discussing the applicant's request and operation with you, it would appear, in our opinion, that the applicant's operation could be construed to be an art studio type of operation and subsequently allowed to expand and operate with a rezoning to R-C and granting of a conditional use permit. Our interpretation is based upon the consideration that the product being produced is a highly specialized and unique item requiring "craftsmanJl or 'Iartisan" capabilities. Mass assembly line type production is not evident. It would also appear that the . operation would qualify as to not having a predominant retail character and create minimum traffic generation. We YtOuld suggest that upon Mr. Kelly's return from vacation that he be consulted on this question . Additionally, should the City elect to consider the operation an acceptable R-C type of operation, detailed attention should be given to the conditions and stipulation imposed as part of granting a conditional use permit, building expansion and continued business operation. Please contact me should you have additional questions or concerns regarding this matter. Very truly yours, DRL/nd cc: Frank Kelly (656 .09) Exhibi t B PLANNER'S RECOMMENDATION Dated 5 May 1978 r . ~ ,"U..,~ . '-4""'- - . LAW OFFICES -':;....."""'. WILLIAM F. KELLY AND ASSOCIATES 351 SECOND STREET EXCELSIOR, MINNESOTA 55331 (612)474-5977 WILLIAM F, KELLY JOHN C. SANDERS THOMAS C. HANNON June 2, 1978 Mrs. Elsa Wiltsey City of Shorewood 20630 Manor Road Excelsior, ~nnesota 55331 Re: Kuempel Chime Clock Works & Studio - residential commercial district Dear Elsa: The owners of the Kuempel Chime Clock Works has requested that their property be included within the R-C District, being Section 221 of our zoning ordinance. The ordinance authorizes a conditional use to be issued provided the use comes within "conservatories, art or music studios, nurseries, and nurseries with garden supply centers" and meets certain other requirements - the basic tenant of which concerns itself with a limiting the retail character of the business. It is my understanding that the Kuempel Chime Clock Works property is not a predominantly retail business. It would be my opinion that it is more in the nature of an art studio wherein clock kits are packaged and made up from parts ac- quired from allover the world. A finished product is not available for sale; only the kit with instructions to com- plete. When completed the grandfather clock is an art work _ not a furniture piece. It is my opinion that the use being made of the property comes within the intent of the R-C zone, and may properly be classified as an "art studio." All other matters pertaining to the request should be re- viewed by the planning commission and the council, taking into consideration the detailed provisions of Section 221. SinCer'l~ur · 1//tX./o<~-~~// rfuiam Kelly /1-~'r- WFK: ek Exhibit C ATTORNEY'S RECOMMENDATION Dated 2 June 1978 .. c. r. .. ... .1 . RESOLUTioN NO. ~7~ 1! WHEREAS, the City of Shorewood has received a rezoning application submitted by Donald W. McGregor and Audrey McGregor, as owners of Lots 13, 14 and 15, Block 11, Minnetonka Manor for the inclusion of said property. within the R-C District, and WHEREAS, said application further requests the issuance of a conditional use permit for the operation of Kuempe~ Chime Clock Studio as an art studio in said R-C zone, and vnHEREAS, the application was referred to .the Planning Commission for necessary public hearings, study and recommen- dations and said public hearings have been held and the Planning Commission has submitted its findings and recommendations to the Council, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. That the property described as Lots 13, 14 and 15, Block 11, Minnetonka Manor be and the same ijereby is rezoned and shall be included in the R-C District. ~ 2. That the proposed use as requested.in the application for a conditional use permit will not have a substantial or undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, utility facilities or other matters effecting the public health, safety and general welfare. 3. That the proposed use will be designed, arranged and oDerated so as to permit the development and use of neighboring property in accordance with the applicable district regulations. 4. That a conditional use permit be and the same hereby is approved and issued for the subject property, subject to the following conditions: a. That the use of the subject property shall continue as the Kuempel Chime Clock Studio. "" .v.~ . ... "" 1 , 1'\ f '~ Exhibit D COUNCIL RESOLUTION Dated 26 June 1978 r . '>l' ~c . (. b. That the studio shall continue to be owned .and operated by Donald W. McGregor and Audrey McGregor, or members of their family, and shall continue to be operated in the same manner as has previously been the case. c. That in the event said owners propose that the business be sold or be acquired by some other business operation, this conditional use permit sha11 expire and a new permit must be sought for the continuation of such use or any new use to be conducted on the subject premises. Adopted by the City Council this 26th day of June, 197~. The foregoing resolution was moved by Councilman Naegele, was.seconded by Councilman Keeler, and upon a vote thereon the foJlowing voted aye: '..6. Haugen, Keeler, Naegele and Heiland and the following voted nay: None -2- .- 11.1 ~' . . CHIME CLOCK WORKS & STUDIO 21195 Minnetonka Blvd., Excelsior, Minnesota 55331 Telephone (612) 474-6177 Members of the Planning Commission City of Shorewood Minnesota Our business has been our hobby for more than fifty years serving homecrafters the world over Our purpose for appearing before you December 6 1988 is to complete the process begun in 1969/78 Zoning R-C by ordinance rather than resolution. It is our intention to continue Kuempel Chime Clock Works and Studio, handcrafting clocks, selling mostly by direct mail. Some folks do come from far and wide to visit and watch our clocks being handcrafted, an art form, since each is done individually. We truly are a Minnesota Treasure! We propose to use part of our building combining the compatible talents of a business that presently makes some small parts for us, and also sells by direct mail. Theirs is a summer business. Ours is a winter business. It will be more efficient for everyone to be close at hand. A copy of our catalog and their brochure is enclosed for each of you. Brad Nielsen has the latest survey and ownership information. Might add, that when we took oven the property in 1969, the annual taxes contributed were approximately $500. They now are approximately $9,500 and still rising each year. And there is no one attending school from this address! But we enjoy bei ng here. . Thank you for your kind consideration. ~ ~ ' ~~r.pres K,f J J1t c O,M I.C. Mary Jean MdGregor, Secretary, Treasurer KUEMPEL CHIME CLOCK WORKS & STUDIO November 28, 1988 Exhibit E APPLICANT'S REQUEST LETTER ~ - . . ~ ~ to ~ o tX) ~ ~ ~ tu <: <: t III :l o .c: E. ~ cd '-. o . {l (,i) I'll ./'..... ... r /II. line or S. /0.00 r;e! or LoJ /7 i J .... . -,"""L , . o i ,2 ;( ~..1 ;,-"- .. <10. ../.... ./..../ ....... 1"'1 (") J- 1..-/- 7 r..'...~..::.....: e o c: 8 ...... Y' 21.0 .TE BY REVISIONS REVISION CK'O BY J-'- ftj. 'I- : 00 00 ~cS 0'" o ~ 0: ~. \... .... , to! 1II O.Eo J N89059'OQHE:" ..../29.35 .00 ) ('-r~ (~"' .- l' _..J .-,' .-J.-' ,.;.' 0''1. 100.2 s.s.. So ;;7.'." ,,,. Con6;"/~/ . Biluminous _, r....-r-1 . " #- 1J'"-. ;.......--- .' .:.~" . ,.-" / ... '. -( .. " .. .... ...... ........... ". 8.~ ~ I "'0.2 .' ',. C\I ::.: iii :. ,: 'OJ" r-{~" r". .. --(' -..I '" J I ." ..- ". .v' 17.S> :~ ~~.8 100.2 . ..../38.16..- "- 'WeS r CERTIFICATION J her.by certify t""t this ,..rvey WI' prep.red UIlder ., supervh10n .nd tNt J _ I L icettsed Lind Surveyor UActer tN 1... I'f tile Stolt of "IA...ot.. 1/ " { ,t// ~ fU-.......... yo,"" tp.... u............ (t ----- -ii 10., ,....... 10 ~ {\j ~ -7 \ 1 \ \ g: ...:.i..- o 2 /'I'l.'\r 15 l' . 1 I ...J " ~: I ~I ;~~ \. '"'- Q~ C111 \41 ;1 1 I J ,;,~:.- ,. & f? :..? 2.5" "', "', = Exhibit F PROPERTY SURVEY Let. Outdoor Designs CompleteTlie Picture. . Jutdoor Designs presents a new way :0 look at an old idea. The mailbox. We make quite a production out of :he fact that our mailbox posts are :onstructed with only hand-selected Nestem red cedar. The posts boast some ~at footage-eight feet in len~h to be ~xact-and measure a solid and sturdy ,ix inches square. And all of our designs .ncorporate a unique newspaper box. From there it's up to you. Planter stands. Multiple boxes. Any sort of customizing your job requires. You choose a design that projects the image your property deserves. Call on the craftsmen at Outdoor Designs. We promise rave reviews. . Outdoor Designs 612/474-8328 Call us for more information or a quote. 7bitecourt Clayhurst Exhibit G OUTDOOR DESIGNS BROCHURE Stettler " . . :JCuRmfwl CHIME CLOCK WORKS & STUDIO 21195 Minnetonka Blvd" Excelsior, Minnesota 55331 Telephone (612) 474-6177 Our business has been our hobby for more than fifty years serving homecrafters the world over BUILDING AS IT APPEARED WHEN PURCHASED 1969 , . : '1., . l"'~ ... .... c ., . If '" -~ ~ , :.. I'''''':~.. ,. .-. ~ .....;.. -'.".' I 1-0_' {Jj ~'. t. -<<'.~... " t......,.,. ':. t.~. 'If(':;~ -'-. -" 4..~""',.. ~.I.. ~ I .,.0,..." - ,"':DUO _' - . ..JIt- -..':::J! aO ::.... ; ",:a ~ ., ! f . .1 . Exhibit H BUILDING ELEVATIONS - 1969 PRESENT BUILDING 21195 Minnetonka Blvd E-t ~ en ~ ~ I en ~ ~ &i S H olJ~ .... H ,.Q~ .... H ,.dH ~ia .. . . CITY OF SHOREWOOD MAYOR Rebert Raseep COUNCI L Jan Haugen Kristi Stover Robert Gagne Barb Braneel ADMINISTRATOR Daniel J. Vogt 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236 MEMORANDUM TO: PLANNING COMMISSION. MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 1 DECEMBER 1988 RE: COUNTRY KITCHEN - SETBACK VARIANCE/VARIANCE TO EXPAND A NONCONFORMING STRUCTURE FILE NO.: 405 (88.52) BACKGROUND Mr. Charles Novak. an architect representing Ursa Major. Inc.. has requested a variance to expand the Country Kitchen restaurant located at 22920 State Highway 7 (see Site Location map - Exhibit A. attached). They propose to remodel the exterior of the store consistent with current corporate design standards. As can be seen on Exhibit B the building does not conform with current Shorewood setback requirements. The proposed addition will encroach further into the setback area. As explained in the applicant's request letter (Exhibit C). a variance is also requested relative to the number of parking spaces required. The property in question is zoned C-3. General Commercial. Bordering land uses are as follows: north - multiple family (Excelsior) east - medical offices (Excelsior) south - State Highway 7. then residential (Shorewood) west - undeveloped/pond (Excelsior) The existing building is approximately 50' x 65' and contains 3198 square feet in area. They propose to add a 12'x 62' atrium seating and office area on the east side of the building. Walk-in coolers will be added on the north side of the building. Bathrooms and a new entry area will extend slightly from the west side. Wing walls and a modified roof line will be added on the south side. The total area of the proposed expansion is 960 square feet. A Residential Community on Lake Minnetonka's South Shore 7 . . Re: Country Kitchen Setback variances 1 December 1988 ANALYSIS/RECOMMENDATION While the applicant's letter is quite well written and thorough. his arguments are based largely on aesthetics. The changing of a corporate image is not among the criteria for granting variances in either the City Code or State statutes. Quite frankly if the glass atrium is absolutely necessary to achieve the "new look" it could be accomplished within the confines of the existing structure. The applicant's letter presents the inability to expand the building as being a hardship. This suggests that there is no such thing as a site ever being full. It can be argued that the Country Kitchen. having covered more than the buildable area of the site with parking and building. has already made reasonable use of the property. A similar determination was made when the Burger King restaurant at Vine Hill Road was denied a variance to build an atrium addition for the purpose of trying to keep up with current design. In spite of the above there is one significant factor that suggests that at least some variance may be in order. Due to apparently illogical municipal boundaries. the subject site is bordered on three sides by Excelsior and on the fourth by State Highway 7. The site is virtually an island of Shorewood territory within the Excelsior limits. Since the site relates more to the Excelsior commercial area than to anything in Shorewood. it is felt that Excelsior's zoning requirements should be taken into consideration. According to Excelsior's City Manager. commercial sites outside of the downtown are zoned B-2. which requires a ten foot setback in front and side yards abutting streets. It is suggested that this be used as a guideline for the subject site. A ten foot setback would require a relatively easy reduction in the size of the atrium addition. Trimming off approximately four feet from the south end of the atrium area requires only slight modification to the plans. Not only would this comply with the suggested ten foot setback. but it would also eliminate the need for any parking~space variance. Subject to the addition being reduced by four feet. it is recommended that a variance be granted for the modified plans. It is further recommended that the property owner be required to install continuous poured concrete perimeter curbing around the parking area. All commercial sites in Shorewood are required to do so by 1989. Assuming construction of the building will be done prior to when the curbing can be installed. a letter of credit should be required to ensure that the work will be done. Finally. it is recommended that before a building permit is issued. the applicant be required to legally combine into one all of the small lots of which the property is currently comprised. cc: Dan Vogt Glenn Froberg Jim Norton Charles Novak - 2 - ~i \.l o 1\ "2:- Exhibit A SITE lOCA7IONh variance KJ.tc en . Country WATE~ . 5TRJ;ET I . ~ ~~ lE ~~ .8 . -2.. .." .' "'I ~.. '. -1III'ft".. ,..... A__ . ! ~ .. ODD ... "1 k ,.. - C ,.. .. rr '1 ~ I, .. .... . I I ... = ... ~ I ! IF' ~~ 'I~l ~It~ ~ ~~C C6 ~S' H~ ~.. ".t:. .,. i II ~~ , III JT1 I ' !I: )>. ~ !' f11 .- rr1 .~ :;j' " o. z. i m CI' -i rn ~ , r11 ~ <5 z' OMOCT "'\0 n D' (f) .1 ;~ m r ~ ~ ~ ODMM. MD. 88033 DA" NOY. 88 OIl"'W" .... C.D.N. ~ .....,." ~ ."::~~ .~.:\ :x: >:::::'r~, rr1 ' : ~.;:.\~.:n ~ {~:'~S~'i ' ~ :..............: . ~.\:../) RESTAURANT - . -t- a. '\. Exhibit B SITE PLAN CHARLES NOVAK A.I. A. ~ '.7.0 .OU'H .0....' '''.,\.. ..0....01 t'L.PHONI ,.........1 . . November 10, 1988 City of Shorewood 5755 Country Club Road Shorewood, MN 55331 RE: Variance Application for Country Kitchen Restaurant Highway 7 at Water Street, Shorewood, MN ATTN: Planning Commission and Council Dear Sirs: This letter is to present the requirements for the Variance Petition Applica- tion to cover the items in Section 1201.05, requiring that certain items be addressed as they pertain to the requested variance. As indicated on the enclosed drawings submitted with the variance request, Country Kitchen is requesting a variance for front yard and side yard set-back so that they may put on a slight addition to their building and remodel the building to achieve the new exterior look that is now the standard for Country Kitchen Restaurants. As background to this variance request, it is important to note that when the building was constructed in 1971, there were no set-back requirements for either front yard or side yard and this is the reason why the building is so located. We have attempted to keep the amount of the addition on the exterior to a minimum, this being the relocation of the walk-in cooler and walk-in freezer to an exterior location, and the addition of office space at an exterior location, along with a small atrium addition of 28 seats, increasing the present restaurant seating from 109 patrons to 131 patrons. The reason for the relocation of the walk-in cooler/freezer and office spaces to the exterior of the building is so the kitchen can be remodeled and up- graded to the present equipment packages that are now being installed in Country Kitchen Restaurants. 14750 SOUTH ROBERT TRAIL - SUITE 200 - ROSEMOUNT, MINNESOT Exhibit C APPLICANT'S REQUEST LETTER ~ . . City of Shorewood -2- November 10, 1988 With the additional square footage that is being added to the building, there is also a requirement for a slight variance in number of parking spaces. We have on the present site 65 parking spaces, not including spaces within the loading/unloading area at the rear of the building. The new parking requirements are based on the fact that we have 1860 square feet of non-public area requiring 23.25 parking spaces based on one space per every 80 square feet, ~~ and we have 1780 square feet of public area requiring ~8.2S~parking spaces ~ . based on a parking requirement of one space per every 40 square feet. This totals to 67.75 spaces, rounded off to the next highest number would be 68 parking spaces. We feel that with the fact that deliveries can be controlled to early morning, thus leaving the space in back of the building for two employee spaces giving us only a deficit of one, that we are well in line with meeting the parking requirements of the city of Shorewood. In talking with the management, parking has not been a particular problem at the site, and since we are only slightly increasing the number of patrons, they do not feel that after the building has been remodeled parking will at that time become a problem, even though there is some slight increase in seating. I will address the five items indicated in your Sub-Section 2 of the zoning ordinance in the order in which they are presented in the ordinance. 1. The addition located to the east of the existing building is in an open air space which faces basically onto the Highway 7 right-of-way and in no way impairs the adequate supply of light or air to any of the adjacent properties. ~ Since there is only a very slight increase/in the number the restaurant and the parking within the property lines handle this increase, there is no unreasonable amount of congestion on public streets. of seats within is adequate to increase in 2. 3. Since the amount of addition to the building is quite small and since it is located quite near Highway 7, it can certainly be served quite easily by fire trucks and is in no way an endangerment to public safety. 4. The fact that the building is being up-dated and up-graded to new and present design means that the building should increase adjacent property values within the neighborhood, rather than be in any way detrimental to these values. In fact, since the restaurant will be designed to better serve the public, it should be an asset to the neighborhood. 5. Since we are maintaining the exact same type of establishment - a sit- down family restaurant that is now being used at the site - we are in no way violating the intent or purpose of the City Comprehensive Plan. Part B of your variance ordinance indicates that there are certain require- ments that need to be demonstrated before a variance can be granted. I will address these requirements in the order that they are presented in the ordinance. Exhibit C. pg. 2 ,.. . . City of Shorewood -3- November 10, 1988 1. The present location of the building, based on the fact that no set-back requirements existed at the time of its original construction, does bear a special condition in the fact that no building front addition whatso- ever and minimal side yard addition could be constructed without some type of a variance being required by the code. There was no way for the original building owners to anticipate the changes in set-back requirements that have occurred since the building was originally constructed, therefore, forming a very special condition that does not normally exist at other locations. Secondly, if the addition was to be installed on the parking lot side, this would diminish the number of usable parking spaces and therefore require a much larger variance than requested in the number of parking spaces which would actually be more of a problem that the minimal change in front yard and side yard set-back which we are requesting by putting the addition on the opposite side of the building. 2. The literal interpretation of the now-present provisions of the zoning ordinance as indicated in this letter would restrict change in the front face design of the building, therefore eliminating the opportunity to provide the new look required by the newly remodeled Country Kitchen Restaurants. This would severely limit the amount of side yard addition that could be added to the building and would therefore not allow for the revision of the kitchen design as needed to have the restaurant function properly. This certainly would deprive the applicant of pre- senting a new exterior face design to his building that would be the right of other property owners in the same district who would wish to up-date their existing buildings. 3. The changes in zoning ordinance from the time that the building was built are not the result of the actions of the applicant and therefore should not penalize the applicant from being able to provide a very minimal addition to the building and an up-grading of the exterior design. 4. The granting of this variance will not give the owner any advantage over other buildings within the same district, since other restaurants could certainly be designed and built that would have as much square footage, seating and parking as this building does and allow these other busi- nesses to up-grade their building after being a good business asset to the community for over fifteen years. The enclosed building design and request for variance has a very minimal in- crease in the square footage of the building and face up-lift on the additional size of the building to give the building a new up-graded look after over fifteen years of service to the community. We feel we have attempted to provide the minimum variance possible and would request that you look favorably upon our request. We will be at the Planning Commission and Council meetings prepared to answer any questions that you may have pertaining to our request. SiC2e fU Exhibit C. pg. 3 Charles Novak, Architect ~. ~ b ~ ~ ~ ~ i. ~ .,~ . . i ~ ~ r;== ," .~' ;?:' F I . '. D .H'''b~:~ .r D.MM, MD,eeOl1 DAY' NO'l ee 0...."'" eye.D.N. n I ...." ,. *: ...; . . . ~Of'.l:Tr UN. ,:- . j :: ~ _....J.._...._ I ~~ 01: c:'V z... G)~ '" '" ~ " -i n :Ii z . :1- 0. .- -i-i -:a 0", Z0 r I r[JJ 0 z z G) :a 0 I 0 I: N - ~. i N . I . !. J " I I < I. '" ~ 0 ::! . c: , ... ; '" tt u'.." ,~'..... ".V'.IDN. .0 " I I 1 ..... r -;t 1\ (J I, ,; I - : I bl , .,.:, ~ ..:&' 1 n. g. ...... "," :a.!. z ;:II "'... "'" HI "'- :az - I o 3 n III I J~I~ ~LJ' ~ .' PI a (> . ,/ . ., \ ~Oli: I I .. N. (d. I .-i II ;1 ~ " b1~i bJ t .'u . ~ l\ / / " CHARLES NOVA Exhibit D PROPOSED FLOOR PLAN 1,"'0. aOUl'H ..0..'" '1.LIIl'HON! ". . . j CITY OF SHOREWOOD MAYOR Robert Rascop COUNCI L Jan Haugen Kristi Stover Robert Gagne Barb Brancel ADMINISTRATOR DanielJ. Vogt 5755 COUNTRY CLUB ROAD . SHOREWOOD. MINNESOTA 55331 . (612) 474-3236 MEMORANDUM TO: PLANNING COMMISSION. MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 2 DECEMBER 1988 RE: McKINNEY. ALLEN - SIMPLE SUBDIVISION FILE NO.: 405 (88.48) BACKGROUND Mr. Allen McKinney has requested approval of a simple subdivision to divide his property. located at 4925 Rustic Way (see Site Location map - Exhibit A. attached) into two lots. The property is located in the R-1D zoning district and contains approximately 85.100 square feet of area. As shown on Exhibit B. the applicant proposes to divide .off one lot. 14.400 square feet in area. leaving 70.700 square feet of area with the existing house. ANALYSIS/RECOMMENDATION The proposed division meets or exceeds all requirements of the R-1D zoning district. Lot Area Lot Width Required 10.000 sq. ft. 75 ft. Parcel A 14.400 sq. ft. 100 ft. Parcel B 70.700 sq.ft. 95 ft. As can be seen on ~xhibit B. the proposed new lot is quite buildable based upon R-1D setback requirements. Ordinarily. when lots are created which have potential for further division. we recommend that a resubdivision sketch or ghost plat be prepared. In this case it is clear that the area being separated (Parcel A) would neither help nor hinder in the future division of Parcel B. A Residential Community on Lake Minnetonka's South Shore g . . Re: McKinney. Allen Simple subdivision 2 December 1988 Based on the preceding. it is recommended that the division be approved as presented subject to the following: 1. The applicant must provide drainage and utility easements 10 feet wide on each side of each rear and side property line. 2. The applicant must provide an up-to-date (within 30 days) title opinion for review by the City Attorney. 3. Park dedication fees must be paid in the amount of $500 (credit is given for the existing house). 4. The applicant must advise the City Clerk as to how he wants sewer equalization charges spread against the lots. 5. The above-mentioned items must be completed within 30 days of the Council's approval of the request. Once he has received the Council's resolution. the division must be recorded within 30 days. Failure to comply with these deadlines will void the approval. BJN:ph cc: Dan Vogt Glenn Froberg Jim Norton Allen McKinney Jack Duda - 2 - "d. ll! :~.... 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C~~l OOOMNHIHI .:10 Jo.110 oz"" ~~b~~~TION " McKinney - simple snbdivision -- ') C G ::> ~ .~1 -:z. :IE z "'" a:: 2.. wo>- .q:::> I- ~L&JZ .6; 5 -=::) 'u cnz a=>Ci: ~I-L&J >~~ ....OL&J cu%: '4 t ;. ~ ~ ~ <.) 'il ! ~@) . ~~~.. , *'o~~~'* '. O~~6~~ .'. c.~~~ c......... , . .... " -/ . , Ivy ____...... /J L.fJ.'!!!:. - r. L,~r //../2 L....r /.7 /., _ _ J.r, ~ ~ ~ '" .. North ,;;: ,:J. ..::~ ;:~ Driv~ .y (e-~ ~o / ~/~rehy certif . / if .ols 11 12 Y that th' , "nv ' . 13 IS IS II. ~ _ _ _.: ,1 4 25 a t r U f> ,.,' ,and 26 . and corr , nlock 4, ~~l representat' nnelo~ka M Ion of a 5 anor. and f urve o ~ II Exhibit B PROPOSED DIVISION ~ - - 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: 25 NOVEMBER 1988 RE: CEDAR HEIGHTS - PRELIMINARY PLAT FILE NO.: 405 (88.50) BACKGROUND Dr. Kelly Bosworth has requested preliminary plat approval to divide approximately 5.1 acres of land located immediately west of Woodhaven Second Addition (see Site Location map - Exhibit A, attached) into three lots. Since the parcel does not have frontage on a public street, the applicant proposes to access the three lots via a private road easement from Koehnen Circle in Chanhassen. You may recall that the parcel in question was created in its current configuration in November of 1987 by John Sayer. Mr. Sayer was allowed to divide and combine various landlocked parcels subject to his obtaining access to Koehnen Circle from the adj oining property owner and subj ect to approval by the City of Chanhassen. Conditions of that approval are set forth in a development agreement, dated 25 November 1987, between the owner, Chanhassen and Shorewood. Among other stipulations, the agreement limits further division of the site to three single-family lots. The subject site is zoned R-1C, Single-Family Residential. Proposed lot sizes are as follows: Lot 1 Lot 2 Lot 3 63,450 sq. ft. 75,600 sq. ft. 71,550 sq. ft. The proposed division is shown on Exhibit B. A Residential Community on Lake Minnetonka's South Shore q . . .., Re: Cedar Heights Preliminary Plat 25 November 1988 ANALYSIS/RECOMMENDATION The three lots greatly exceed the width and area requirements of the R-1C district. AS can be seen on Exhibit B, buildable areas are ample on all three lots. Most of the issues which need to be addressed for this plat are related to the development agreement. Specifically: 1. The applicant must provide plans and specifications for the private road, utilities and grading. These will be subj ect to the approval of the Chanhassen City Engineer as well as our own City Engineer. 2. The applicant must provide a copy of his access and utility easement over the adjoining property in Chanhassen. Prior to construction of the improvements. he must also provide copies of executed easements for the proposed road and utilities. These must be furnished to both cities. 3. Prior to construction of the improvements the applicant must provide a letter of credit in the amount of 110% of the cost of the sewer construction. A second letter of credit must be provided in the amount of 150% of the cost of all other site improvements. In addition to the above, the following items should be addressed in a new or supplemental development agreement: a. The private road should be platted as an outlot. b. The applicant must provide copies of any declaration of covenants, homeowner's association by-laws, etc. relative to ownership and maintenance of the private road and sewer. c. The applicant must pay park dedication fees in the amount of $1500 ($500 per lot). d. The applicant must advise the City Clerk how he wishes to have sewer equalization charges spread against the lots. Finally, the applicant is reminded that the final plat should include drainage and utility easements. 10 feet on each side of each side and rear property line. The final plat must be submitted within six months of preliminary plat approval or the approval will be void. BJN:ph cc: Dan Vogt \:flenn Froberg Jim Norton Dr. Kelly Bosworth - 2 - '" ..... ~ ' . '\r' -..., ~ ... '- ..' .~... . ........,.,-~ ..::::- . -- ~ --.... --.,.' . -- --,=. _--, ~-.:"": j. - -:-':r- , '. , -. ) .. I,' ", }~ ):~: ~,. IT. !.': . 'r---- <<.1) ~~ !: z: ." ____~L.!U-11 Ie I , r. ,aq...~.l "fI' I' f~ ~ fi: ~). J l') . f ~~~ \: . .~a""- . ~ "~I ...----_ ~ . (#) I.K.. ',..' . .. ." .' '1', .. . I~ \,:.) :.., ;, ". " ;:w o ,."~ e!pl 'I ;ij+1 "0 'I l,JoO. I Pco.ld ~_ . . /" tr.o_~'~.!~ i '.Il' .. 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It ~ ~ tt"- C;.,. 4 , \:) - I If' \ ...- I, . ?l1 riP. '. .:- .," 122 I. ... Nor'i'n t-lo ~ \&. . ; 119 i 1 I A l,~ -:. ~. ~ ~I 12$ .. r:w rr""'- I ).;t ~) / : . T-----~-:...--L:.....- -" ~. --~~~- --1 ...~ l~) : I: ~ L- a .. O\~o~ ~$ . 'T"_OI' ~E'.O 2 I . .3 I 11.'11 "';;70 . C l. I ~~t:1 FR, L~ S. ~ -:," If I ~'1i. . J.Ji- 1 'Ie S ;s r- !f 0." I =; ~; E -J. ;1 1!5... CD ! J.. .' cs:O '1_ Iii. l~.}......----~&3Rf)-_... _~. " " IC I'" If~. -"M- : t f r LEOMARD KOEHNEN i &Ie 60. ,. 205 , r . ,. --_.. . , I".' ~~~.' . .' . I ~ i 't t ~ _.. ),r I I , Exhibit A SITE LOCATION Cedar Heights - Preliminary Plat ~ --~-_._.~~-- ------- -~- ~ --- ----- lOll.,. ---t ~~';"; ~ ,'" .-I, <!'... , ~ti""- ~,:.;...._- .......,. ~(l1~ y p - If (/I ~ f (l1 JI1 ~5- w< i~l ~ r:: ("\l::~ a:=_< ! - ";f.. (l1 !J r r -< \, o ('\/ , - f~-,,-. , .- r") r- '..::. 1\ I 1-, C:'v I-'"'\~.. -"/ /, {t! ~~ f1hl.\J().'lt 0-....> a..;;; t'.:~~ ~ I I ~tll.l~""'- \()O. " - I r: - IrJl · t._ ( ,,'.;~ . . .. - '- .. - .. ~ <: . <..... ,-, ','" ,- , ,",-, \:J ,- , -- 'l':> ~ ..... n, . . . ._ .;0..... ~:... . ( 1\ ,. n., .' , .,...... I , \ -, ~j .. 1 . ~.. ~-, I I '.. ----- 1';> ; () () /" / / .-------. .-------.----.--. ./ ~--- Exhibit B PLAT PRELIMINARY . . . MAYOR Robert Rascop COUNCI L Jan Haugen Kristi Stover Robert Gagne Barb Brancel ADMINISTRATOR Daniel J. Vogt "'0 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 NOVEMBER 1988 RE: YANIK. CHESTER - SETBACK VARIANCE FILE NO.: 405 (88.53) BACKGROUND Mr. Chester Yanik has requested a setback variance to remodel and enlarge the deck on the rear of his home. located at 4245 Enchanted Lane (see Site Location map - Exhibit A. attached). In addition to enlarging the deck. he proposes to build a single-story gazebo at the southwest corner of the home. As can be seen on Exhibit B. virtually all of the proposed work encroaches into the 50 foot 1akeshore setback area. Mr. Yanik explains his proposal in his request letter - Exhibit C. attached. The applicant was granted a setback variance in 1981 (see Council minutes. dated 1 June 1981 - Exhibit D.attached) to build a deck no closer than 35 feet from the lake. As can be seen on Exhibit C. the existing deck ended up 12 feet closer to the lake than what was approved. While it is not reflected in the Council minutes. the variance was granted. at least in part. because a previously existing larger deck was being reduced in size. according to Mr. Yanik. The property is zoned "R-1CII. Single-Family Residential District. and is also subject to the requirements of the "S". Shore1and (Overlay) District. As can be seen on Exhibit A. the lot is located between Enchanted Lane and Lake Minnetonka. The lot to the east is occupied by a single-family dwelling. while the lot to the west is vacant. ISSUE AND ANALYSIS The applicant's letter basically suggests that the proposed remodeling/enlargement is an improvement over what exists today. A number of his points deserve clarification. however. and the previous variance requires some discussion. A Residential Community on Lake Minnetonka's South Shore //) . . Re: Yanik. Chester Setback variance 30 November 1988 The applicant's request is complicated by the fact that the existing deck does not comply with the previous variance approval. The problem is largely a consequence of surveys not being required at the time and the site plan for the previous variance (see Exhibit E) being in error. It is possible that measurements may have been made from the edge of the water (which may have been low at the time) rather than the ordinary high water mark. What can not be explained is why the deck was not reduced by five feet when the Council granted the variance five feet less than what was being requested. Lhe result is that the existing deck is 12 feet closer to the lake than what was approved in 1981. The applicant' sstatements should be considered with this in mind. It is worth mentioning that the previous variance was limited to a ground level (2411 to 30" above grade) deck. No mention was made in the request. the Council's approval or the building permit of a screened porch. With respect to the applicant's request letter. the following should be considered: 1. The applicant makes the assumption that the previous variance established a 35 foot setback. Unless otherwise specifically stated. variances are typically granted for specific structures - in the ap~licant's case a ground level deck. Although the proposed redesign cuts six feet off the existing deck. it is still six feet closer to the lake than the previous variance allowed. The applicant mentions that the area being added on the east side of the deck (Area C) creates "an aesthetically pleasing design". Since aesthetics can be so subjective. neither the State statutes nor the Shorewood zoning regulations list aesthetics as criteria for approving variances. There should also be some concern over covering the root system of the 48 inch tree. Many trees can not withstand having the roots covered. particularly to that extent. It is questionable whether the limited usable area yielded by that portion of the deck is worth the risk of losing the tree. Although a portion of deck on the lower level (shown as Area D) will be removed. an equivalent amount of upper level deck in that same location will remain. For purposes of comparing existing and proposed area. this portion of the deck should not be considered unless the upper level deck will also be removed. 2. The applicant mentions that the screen porch or gazebo does not extend as far as the deck in order to preserve sight lines. Site lines would be better preserved if the allowable encroachment were limited to a ground level deck. - 2 - . . Re: Yanik. Chester Se tback variance 30 November 1988 3. The applicant references the property next door as having a deck 30 feet from the lake (see Exhibit F). No permit was issued for such encroachment. Sidewalks and steps no wider than four feet have been allowed in the past on lakeshore lots. The owner's contractor recently began enlarging the deck and landscaping the yard without necessary permits. The work has been "red-tagged" and the applicant has applied for a setback variance. Mr. Yanik's prevous variance and whatever variance may now be granted will serve. justifiably. as grounds for an "average setback" type of variance for the owner to the east. His variance request will likely apppear on the January agenda. The applicant references irregular size. shape and topography of lots in general on Enchanted Island. While there may be a number of such lots. the subject site is not one of them. Although his lot is somewhat smaller in area than the required lot area (approximately 16.597 square feet rather than 20.000 square feet). it is larger than the 70% requirement for a lot to be buildable. Section 1201.05 Subd. 2 of the City Code provides the criteria for granting variances. The applicant has failed to demonstrate that any hardship exists which prevents him from making reasonable use of his property. Judging from the amount of buildable area on the lot which has been utilized plus the area provided by the previous variance. the applicant's use of the property must be considered more than reasonable. RECOMMENDATION It has been mentioned several times in the past that lot size dictates how much can happen on a lot. .,imply put. a small lot can not accommodate the same amount of construction as a larger lot. Reducing the minimum amount of green space required for each lot ultimately will affect property values. Nevertheless. the City has in the past honored variances granted by previous councils. It is suggested that both the current City Council and the applicant honor the previous variance approval. Specifically. the existing deck should be terminated at the 35 foot setback line. Any lateral expansion of the deck should be behind the 35 foot setback line and should not extend beyond the west side of the house or the east end of the area designated as Area C on the applicant's plans. Construction of anything higher than the existing deck (the screen porch) is not recommended. If a screened porch is to be allowed it should be between the existing first and second story decks at the center of the house. The resulting 16' x 60' (960 square feet) deck should be considered a reasonable use of the site. BJN:ph cc: Dan Vogt Glenn Froberg Jim Norton Chester Yanik - 3 - \' I" t/ I I I .'---r-_.'- ! ! I I ! ! L Cl'- '" .... ~ - ,i-.- i'-" i'-'\ \\1 \ . - \ I. '. \ ,.......,. . ..... I (z,O) . 2 i . \ t'I\: l'\ (I, cd 0,,\ k~" " Exhibi t A SITE LOCATION Yanik setback variance n. . . / E /l ("A,,,,, f (! '" L IIAt: " -t ~ Hofti\ 1":;.30' 35' IZ"M4-' \ \ ---~- ~~. ~ \ ;. t~r . ("vi" Prf)fD~e.~ ~ ...... I I I i I J/ ------1 existing deck 1,145 sq. ft. ......".. . .~" ~-' " ~.:-:~'.;. ~ ::~:' ......-~.....:-:-,~. proposed. deck 1,055 sq. ft. --- -!Zo.~&' ->.:.--- ~- ,~ , praposed area of 1 area B 200 sq. ft. " area C 160 sq. ft. \ ~f- I~':" - I ,.7 z ---t:Y:::-::- e- ..1). ,,, t/.1<(; 1 area of existing deck . to be removed area A 144 sq. ft. area D 1d4 sq. ft. ChE,STER J. YANIK 4245 ENCHANTBD L SHO.RE.w OOD, lv-ill. 474-1051 Exhibit B PROPERTY SURVEY . . Chester J. Yanik 4245 Enchanted Lane Shorewood, MN 55364 Work: (612) 332-4649 Home:. (612) 474-1851 November 3, 1988 The Honorable Mayor, City Council, and Planning Commission City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Attention: Mr. Bradley Nielsen, City Planner Re: Variance Request, 4245 Enchanted Lane Dear Mr. Mayor, City Council Members, and, Planning Commission I am herewith requesting that the City of Shorewood give consideration to and approve my application for variance to expand the back deck of my house per the attached plans. As illustrated by the site survey, my house is irregular in shape and dimensions. When it was built in 1977, it was placed on the site in such a way as to minimize its impact on both the front and rear set backs. The circumstances engendering this variance request are as follows: 1. My house is eleven years old, and a major portion of the deck and screened porch has deteriorated to a point at which they must be totally replaced. In an attempt to prevent this same condition from reoccurring in the future, I hired Mickman Brothers to design and construct a new deck and porch. In reviewing the existing areas of reconstruction, it was possible to build within the previously approved set backs without requiring a new variance; however, it was concluded that the new deck and screened porch would be better placed closer to the house and away from the lake, and out of the sight lines of adjacent properties. (Please refer to the attached site plan.) The Mickman design pulls back the existing deck from the rear property, the 'lake, by six feet (area A, 144 square feet), and sets back the screened porch by ten feet from the lake. In setting the porch and deck back closer to the house, it was necessary that they be moved to the west twelve feet (area B, 200 square feet), thus falling into an area requiring a variance. In an effort to create an aesthetically pleasing design, Mickman carried the deck around a 48" diameter tree located on the east side of the existing deck, thus creating another need for the variance on the east side of the existing deck ahead of the deck (area C, 176 square feet). Area D of the existing Deck, 184 square feet is to be eliminated. The amount of existing deck and screened porch to be reconstructed is 1,145 square feet. The new deck and porch are 1,055 square feet in area, and therefore the new design is 90 square feet smaller in overall size. Exhibit C APPLICANT'S REQUEST LETTER . . 2. Most important, the new deck does not extend toward the lake, but is being pulled back from the lake by 6 feet (area A, 144 square feet). The screened porch does not extend as far, but is, in fact, pulled closer to the house, and thus will be out of the sight line of the adjacent properties. Both adjacent home owners are in support of this plan and variance, . and have so indicated. 3. Finally, the existing house to the east, which was built three years ago, was originally constructed with a portion of its back deck and stairs approximately 30 feet from the lake into an adjacent hill. I find this home design and its deck application very acceptable, as I believe the City did when it granted a permit for the construction of this house. Please understand that no house can ever be built in front of (north) or behind (south) my house due to the fact that we live on an island; thus, any visual sight line or set back problems can not arise. The topography of the land precludes building a house anywhere along the eastern side from which any portion of my house could be seen. Virtually every lot on Enchanted Island in Shorewood is irregular in size, shape, and topography; as a result, I believe each property requires special and unique consideration. The net result of the Mickman design is that the sight lines of my house are improved by setting the deck and screened porch further back from the lake. Architecturally, Mickman's design takes into consideration all environmental concerns, both visual and actual, and therefore, I request approval of this variance. Sincerely, ~~ Chester J. Yanik CJY /jvs enclosures Exhibit C. pg. 2 CI'lY OF SHOREVl)()D .. REGULAR COUNCIL MEEi'rNG MONDAY, JUNE 1, 1981 (Postponed from May 25, 1981) ~INQT~S COma. CHAMBERS 575~UNI'RY CLUB ROAD 7:30 P.M. Page 1 of 3 CAll. 'ID ORDER: The last regular meeting of the Shorewood City. Cotmcil was called to order by Mayor Baird on Monday, June 1, 1981, at 7: 40 P.M. in the Cotmcil Chambers. PLEIX;E OF ALLEGIANCE AND PRAYER: Meeting opened with the Pledge of Allegiance and a prayer. ROLL CALL: Present: Mayor John Baird, Jan Haugen, Tad Shaw, Al Leonardo, Bob Rascop. Staff: Attorney Gary Larson, Engineer Bernie Mittelsteadt, Clerk Elsa Wiltsey APPROVAL OF MINUTES: Moved by Shaw, seconded by Haugen, to approve the minutes of the Board of Review Meeting of May 20 as corrected (the vote on Marguerite Franzen valuation -P.LD. 32-117-23-14-0026 should read Rascop, Haugen, and Leonardo voted aye, Shaw passed, Baird nay). Motion carried unanimously. Moved by. Rascop, seconded by Leonardo, to approve the minutes of the regular meeting of May 11, 1981 as su1:mitted. Motion carried unanimously. BUILDING PERMIT - 4245 Enchanted Lane - Setback Variance: Chester Yanik appealed before the Council on his application for a building pennit for a wood deck 20 x 24 with a proposed setback from the lake of 30 feet. Discussion as to the classification of the deck followed. Moved by Rascop, seconded by Haugen, to approve the application for a building permit at 4245 Enchantec1Lane for a deck to be built not closer than 35 feet from the lakeshore in accordance with the Zoning Ordinance No. 77, Section 11, Subdivision 7A. Motion carried tmanimously. PUBLIC HEARING - CDBG FUND AMEM:MENT RESOLUTION NO. 17-81 A public hearing was called pursuant to published notice to consider amendments to the designated uses for Conmmity Development funds by transferring balances in funds from previous years into the funds for Housing Rehabilitation. Hearing declared closed. Discussion followed. Moved by Haugen, seconded by Rascop, to raise the maximum income limits to qualify for total payment in the Diseased Tree Removal Program only - up to Section 8 standards of $13,000. Motion carried unanimously. Moved by Shaw, seconded by Rascop, to approve the Clerk's recorrmendation to transfer the balance from the Projects No. 613, architectural barriers of $10,224; No. 660, administration of $1,000 - totalling $12,445, and add to funds available for Housing Rehabilitation - Project No. 586. Motion carried unanimously. Exhibit D COUNCIL MINUTES (EXCERPT) Dated 1 June 1981 . .. N W+E 5 e 1"4 Go ~ pa., ........ ~ 0 I 1'2. '!1 ~r-1G' 2.!J' 'SO' I ~S -.; I ~ i~ !2, 8' , , ~~ ... 2.4-' I.. WooQ e.UILP/MG ~~~t:.. /-- -- -.... , /40 ~ ~""o~ 1-' .-- ._~~-- .~. ---" -.-.- .,.--" . \ \ , , Ii , , , . !i ,i II Ii : : II Ji Ii H II II I' ,I II il I' " II i.1 !t ,; \ \ ../- ." .- ~""..,,-...." .. Exhibit E PREVIOUS SI TE PLAN From 1981 variance request --- "t.. ,. .. ~ '" --~ Qj (3"::; c':;:i ~ u~.o >,tt1 >, I:: -o+-' ....e:: .~ (1)e:: Xttl . s... (1)"'0 (1) '3 (1)Vle:: ): .c (1) ttI --- 0 s... --- .c ...... Cl. L!') ttI Vl , --e-\ ~ ------ "" ....,', , ,".t -- -- -- t. I .. '" '" "{ ~ ~ ~ l.-. ~ ~ " <: lq ~ ~ 'I -\ ;.1 t \ -I ~- Exhibit F ADJOINING PROPERTY . . 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: 25 NOVEMBER 1988 RE: CONSTRUCTION MORTGAGE INVESTORS - SIMPLE SUBDIVISION OF A TWO-FAMILY RESIDENTIAL LOT FILE NO.: 405 (88.49) In November of 1985 the City approved a simple subdivision for Meridian Construction to split a two-family residential lot located at 6065 Lake Linden Drive (see attached staff report. dated 6 November 1985. copied in yellow). The realtor handling the request-failed to record the division and the property has now been conveyed to Construction Mortgage Investors. They have reapplied for the division. The recommendation from the previous report remains the same. The applicant is reminded that the required information must be submitted within 30 days of the Council's approval of the request. Once he has received the Council resolution approving the request. it must be recorded within 30 days or the approval will be void once again. BJN:ph cc: Dan Vogt blenn Froberg Jim Norton Jim Melby A Residential Community on Lake Minnetonka's South Shore JI . . CITY OF SHOREWOOD MAYDA Robert Rascop COUNCIL Jan Heugan Tad Shaw Kristi Stover Robert Gagne ADMINISTRATOR Daniel J. Vogt 5755 COUNTRY CLUB ROAD. SHOREWOOO, MINNESOTA 55331 · (612) 474-3236 MEMORANDUM TO: PLANNING COMMISSION, MAYOR AND CITY COUNCIL BRAD NIELSEN .~ DATE: 6 NOVEMBER 1985 FROM: RE: MERIDIAN CONSTRUCTION - SIMPLE SUBDIVISION OF A TWO-FAMILY RESIDENTIAL LOT FILE NO.: 405 (85.36) BACKGROUND Meridian Construction Company, Inc., on behalf of Harold Johnsen, proposes to build a "zero lot line" two-family dwelling on Mr. Johnsen's property located at 6065 Lake Linden Drive (see Site Location map - Exhibit A, attached). The request requires a simple subdivision and is subject to the requirements of Section 200.03 Subd. 16 of the Shorewood Zoning Ordinance. The property in question is zoned R-3A, Multiple-family Residential, in which two-family dwellings are listed as permitted uses. The lot contains approxima.tely 24,380 square feet of area. The proposed unit lots, as shown on Exhibit B, would contain 11,379 and 13,001 square feet. Land use and zoning surrounding the subject property are as follows: North: East: South: West: Single-family residence, zoned R-3A Single-family residence, zoned R-1C Vacant land, zoned C-3 Vacant land, zoned R-2A ANALYSIS/RECOMMENDATION The applicant's plans are in compliance with the requirements of the Shorewood Zoning Ordinance, specifically: A. The base lot contains 24,390 square feet of area, 4,380 square feet more than the minimum lot size required in the R-3A district. A Residential Community on Lake Minnetonk~'s South Shore . .' Planning Comm., Mayor and Council 6 November 1985 page two B. The smaller of the two unit lots is 11,379 square feet, 1,379 square feet more thanthe.minimum required lot area per unit. C. Proposed setbacks comply with the R-3A requirements: front - 30 feet, rear - 30 feet, side - 15 teet, side abutting a street - 30 feet. D. The applicant has submitted a property maintenance agreement (Exhibit C, attached) which is being reviewed by the City Attorney. From a zoning perspective, one issue has not been adequately. addressed. Provision 14 of the maintenance agreement should be expanded to include fences. It is strongly suggested that fencing be installed in a coordinated manner, and in no way should different styles of fence be allowed for each unit lot. E. Separate sewer services have been provided to each unit. Also each unit will have its own well. F. As per the direction of the City Staff, the applicant has designed the access road to come off of Maple Street rather than Lake Linden Drive. The driveway is 40 feet from the intersection of the right-of-way lines (extended) in compliance with Section 200.03 Subd. 5 d(8)(e) of the Zoning Ordinance. Based on the preceding, it is suggested that the division be approved subject to: 1. Satisfactory review and approval of the proposed maintenance agreement by the City Attorney. 2. Fencing should be addressed in the maintenance agreement.. 3. The applicant should submit new legal descriptions for the two unit lots. These will be needed in order to draft the Council resolution necessary for recording the division. 4. Prior to receiving the Council resolution a park dedication fee must be paid for one unit ($500). Credit has been given for the other unit for the fee paid when the property was divided in 1983. 5. The applicant must submit a title opinion to the City Attorney for his t'eview and approval. BJN:ph cc: Dan Vogt Glenn Froberg Jim Norton Robert T. Noyes Court MacFarlane - JJ :I ::( ::>. . m :::) ...J o ...... , , : 1 t I I I I I -,- -.- - - ,-.... - -.- -.- ... .. .. .. .. .. .. .. 'I:t' I >= 3= :x: l-#'/.... G<-0> Exhibit A SITE LOCATION Meridian Construction simple subdivision of a two~family lot . ",'. " ~ --- . \ .) ~ t o ~ \)... ~ ~ C..i "ol. ~ , " ",. -'. " " ............ ". .--.-.. "-. . ~-----.-- - --.... . \Z\ - ~\ ~\ \ h \ \ ~\ A.\ 1:\ I \ ~ ~ -.!I) ~ J I / ;t 0"lI0 " ", - ....\ \l' ) / / / ./ 1/ ~ / \ \ 7- , .~."" .. . \,..;.c " ~~' y- i t< /' \ ./ /' /' -...., '-.-:. - / --- -- --- ../ -- -..1"'\ '- ~ ---- ~ V\~ ~ ~~ ~ ~ / / / \. -.f) \ \ '\ \ \ 2- <(~ --1~ tL sf Exhibit BS1TE PLAN PROPOSED . ~\ lJPr · ~t1 b,.-: 1(, . . DECLARATION AND COVENANTS ESTABLISHING PARTY WALL This Declaration establishing, granting and providing for the maintenance of a party wall, is made this ___ day of , 1985, by (hereinafter referred to as .grantor.): WITNESSETH: WHEREAS, the undersigned grantor is the fee owner of the real estate described on Exhibit .A. attached hereto, (hereinafter referred to as .premises.) situated in the City of Shorewood, county of Hennepin, state of Minnesota, and: WHEREAS, there now or hereafter will exist upon said premises, a one story frame building to be used and constructed as a duplex residence to be known as Lake Linden Drive, Shorewood, Minnesota: and WHEREAS, in the construction of said duplex residence, there is or will be a common wall dividing and separating said residence into two distinct duplex units (hereinafter referred to as .units.): and WHEREAS, it is the intention of the undersigned grantor to subdivide the aforedescribed real estate into two separate and distinct parcels which will be legally described as follows, to wit: parcel One: Exhibit C-l MAINTENANCE AGREEMENT . . parcel TWO: WHEREAS, upon completion of the subdivision of the premises into two separate parcels, the common wall di.viding said duplex units will rest on the prope.rty line dividing the premises: and WHEREAS, it is the intention of the undersigned grantor to hereby declare, create and establish as a party wall, the common wall dividing said duplex units and to create in favor of each owner of said duplex units, reciprocal easements, rights and duties for the use, maintenance and enjoyment of said party wall and to create protective covenants relating to th$ maintenance and exterior appearance of said units. NOW, THEREFORE, the undersigned grantor for the purpose of establishing and declaring a party wall between the aforesaid duplex units on said premises and for the further purposes above set forth, does hereby declare and establish the following conditions, rest.rictions and covenants and does here.by state as follows: 1. That certain common wall dividing the aforesaid duplex units and resting on the property line which subdivides the aforedescribed premises shall hereaftetbe-come, remain an.d be maintained as a party wall and as the common property of the owners of each of said duplex units, their respective heirs, -2- C-2 .' . assigns and grantees, and to the extent not inconsistent with the provisions of this Declaration, the general rules of law regarding party walls and of liability for property damage due to negligence or willful acts or omissions shall applytberet.o. 2. Tbis declaration and the covenants and easements herein created are and shall be perpetual and construed as covenants running with the land so long as the party wall continues to exist and shall bind and inure to the benefit of the undersigned grantor, his heirs, successors, assigns and grantees. The rights created by this Declaration, including the right of any owner to contribution from any other owner, shall be appurtenant to the parcel and shall pass to such owners' successors in title. 3. This declaration and the covenants, easements and terms herein contained may be amended only by unanimous written agreement signed by all of the then owners of each unit. 4. In the event of damage or destruction of said party wall from any cause, any owner who has used the wall may restore it and shall have an easement over the adjoining property for purposes of making such restoration, the expense of repair or rebuilding of said wall Shall be borne equally by the owners of each of the duplex uni tsand whenever the party wall or any portion thereof shall be rebuilt, it shall be erected on the same place where it stands and be of the same size as of the date hereof unless otherwise agreed upon by all of the then owners of said duplex units. Nothwithstanding the foregoing, however, one owner may call for a larger contribution from the -3- C-3 . . -4- C-4 . . both of said duplex units, the expenses of repairing and/or rebuilding of each respective unit and the determination of whether or not to repair or rebuild said unit shall be the sole responsibility of the owner of that respective unit. The expense of repair or rebuilding of the party wall itself shall be as set forth in paragraph 4 above. 10. Each owner of the duplex units shall have the right to break through or into the party wall for the sole purpose of repairing or restoring sewerage, water, or utilities, subject to the obligation to restore said wall to its previous condition at his own expense. 11. No persons shall have the right to add to or detract from the party wall in any manner whatsoever without. the consent of the owners of both of said duplex units, it being the intention that the party wall shall at all times remain in the same condition as when erected. 12. No modification affecting the bulk of either of the duplex units nor any disposition of the party wall shall be made without obtaining the prior written cons~nt of the city council of the city of sb~rewood. ~ 13. The owners of each respective parcel or lot as legally described above will be solely responsible and liable for the care, maintenance and upke~p of the grounds comprising their parcel or lot, and said owners shall be solely responsible and liable for the costs and expenses of maintaining and repairing the duplex unit which is situated on their respective parcel or lot, and both of said owners shall be required to keep -5- C-5 . . and maintain both their parcel (lot) and their uni t in good condition and repair. 14. The owner of each unit shall maintain the exterior appearance of his unit and of his parcel (lot) in harmony with the appearance of the other unit and lot. The exterior design and appearance of one unit shall not be changed or altered except simultaneously with a similar and harmoneous change or alteration to the other unit and lot. 15. The exterior painted surfaces of the two units shall be at all times painted identically. Any proposed change in the exterior colors must first have the unanimous consent of the owners of both units. 16. The roof of the two units shall be maintained in the same color, style, and quality of roofing material. Any proposed change thereof must first have the unanimous consent of the owners of both units. 17. If any question or difference shall arise between the owners of said duplex units as to the construction of this declaration or as to the amount to be paid by either party hereunder, or as to any matter relating to the party wall or any repairs or rebuilding thereof, the same shall be referred to three arbitrators, one each to be appointed by the owners of each unit, and a third to be chosen by the two thus appointed and a decision by the majority of them shall be final as to such question. IN TESTIMONY WHEREOF, the undersigned owner has caused this declaration and the covenants contained herein to be -6- C-o .\ .' executed in his name the day and year above first written. STATE OF MINNESOTA ) ) SSe COUNTY OF HENNEPIN ) On this notary public within appeared person described in and his free act and deed. day of , 1985, before me a and for said county,. personally to me personally known to be the who executed the foregoing instrument as Notary pUblic -7- C-7 " .' I ~ 1 c .0 1 ~ j i B l "} ~ I " \ ~~_.""~~~~"t~.,;,,~,~~':~::~j'\1;;'1-~'.;~..I.... -, .,,,~.-.. .... .(. l:~ '" \~..~n.~ - 'r . '- ,. '.'. ,'- ~ . .~i\.~").~,. . " \... " '-\ ~~ - .~ ~ ".' \.) "~i' I~ ~ I~ IJ " Exhibit 0 BUILDING ELEVATIONS 'f, ~ : .."i I; . of, '1 I.: iil:i Ii Q ] )1 .~. ~.~.~ '.'--: '" f.:',.~.. ft" .~~:,.~~; . ",; t,' ';i, J : f. . ~ .:.1 ...;",~._"I Ufftll H. i lilt HIHIl . . CITY OF SHOREWOOD MAYOR Robett Rascop COUNCI L Jan Haugen Kristi Stover Robert Gagne Barb Brancel ADMINISTRATOR Daniel J. Vogt 5755 COUNTRY CLUB ROAD . SHOREWOOD. MINNESOTA 55331 . (612) 474-3236 MEMORANDUM TO: MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN' DATE: 7 DECEMBER 1988 RE: SHOREWOOD CONVENIENCE/SERVICE CENTER - BUILDING PLANS FOR DAIRY QUEEN BUILDING FILE NO.: 405 (88. 13) When the conditional use permits were approved for the Shorewood Smithtown Road, the plans for the proposed Consequently, the approval stipulated that Dairy Queen the Council would review the Convenience/Service Center at 24365 ,Dairy Queen had not been completed. prior to issuing the permit for the plans for the building. While the complete construction drawings are not done, they have prepared building elevations and an artist's rendering of what the building will look like (see attached exhibits). It should be noted that the building will look somewhat different than the rendering. Specifically, the "solarium" area in front will not wrap around the side of the building at all. The architectural character of the proposed building is considered quite compatible with what has previously been approved. They propose to use the same masonry as the Fina building. The metal fascia around the top of the building, although similar to the Fina, will be dark rather than white for purposes of identity. A red band through the fascia will "tie" the two buildings together. It should be realized that signage shown on the building plans differs from what was approved in the applicant's multiple signage c.u.p. Sign permits will be issued based on the c.u.p. The proposed plans are considered to be consistent with Section 1201.21 Subd. 4a. (1) which requires drive-in and convenience food establishments to be architecturally compatible with existing buildings on the site and in the area. Approval is therefore recommended. cc: Dan Vogt Glenn Froberg Mark Senn A Residential Community on Lake Minnetonka's South Shore /OZ/f , ~ ,.:'. ...,' ~,.:~:F.:., J ')D . ._ .~, " ."' r~ 4..... c,':"';:~~ :..(,:::~:;~'.~i'.~'fit~~ ". ' .. '.. I :" h" 1 \~. .. ~,';:'.":,.:'..' ~ :,:'.' "',;,i-f~~~(:;~j1' }.{~"d,f;j\{~!% <:~';:' :'~r?;:~ .t ~> . . ~ ~': ',' :,::: ..:".. ~<:~. (~ 0 iLl~~ '.' .iJ..".: : t"I. h ''-.~:''; ':0 }.~ . ; . ~ ~' \'::';Pt;:<.,:. , ~ ..~...~..:;.:~: ~ 'S',:: :~\:;:~lr .' ~i~ft~'.li , ~. . '~'d:t":~",, " :z!\~;0~j~;,t;tgf;~ :: ~';'f . :to . .= . :... ",. . ... '" ..... M "'~."'.., '= ;". ..Q- .... ,J[:;'~ t.,."ot;,s;,(~ '., ;......' ;~: /:;.;.~~. ::; >X..:;:.~ . " .. '",:-. .,' 'or . ~,' .~.... ~"'~:":; . "J:. .., o. .. t ::"": '..~.:':f-: .. ".. .... ... -~:t "..--- '.. ".:'.. .-~. . "p,":, :.::. -. '"'O!'" . ...7. - :' . "-" . .'. '-.' . - '",: ,. '., " fS @ @ 2J @ 2r b Oc:J ~ B ;:,@ . .. .' . i \ .... J" .. z. o H. 1-0 <{! >- W: ...J :; ; W I- ~ (f) W ~ 3.. .. .. < . . \ z ;.. 0 H I- <{ > W ....J W -- . . II - T Mr. ~ . . " - I-H " -- ~. J: +1- ? ~ ,so ~ - ~ z o H I- .<{ > W ...J W :r: l- . -+.:. ::> . .- 0 ::}(f) MARCUS Real Estate Development CORPORATION . . December 2, 1988 Mr. Dan Vogt City Administrator City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Dear Dan: Attached is a copy of the final invoice from our contractor for the City water line which was moved in conjunction with our project at 24365 Smithtown Road. The water line has been moved from its previous location where it crossed our property without an easement. Its new location is within the newly defined easement area following the perimeter of the property. since it is necessary for us to pay this invoice immediately, I would like to culminate our sale of these improvements to the City so that Marcus can be reimbursed its expenses. Consequently, I would appreciate your immediate attention to this matter so that we can complete this transaction as soon as possible. Should you have any questions or concerns, please don't hesitate to contact me. Sincerely, ~ Mark o. Senn MOSjbjm Enclosure 10001 Wayzata Blvd. · Suite 100. Minnetonka MN 55343 · (612) 593-1177 IdP [~] The Drawing Board!: ~ P.O. Box 660429' Dallas. Texas 75266-<l429 Call TOIl Free: 1-800-527-9530 . RESULTS CONSTRUCTION COMPANY 'Fornurly E.D.S. CONSTRUCnON COMPANY 2402 UNIVERSITY AVENUE ST. PAUL, MINNESOTA 55114 ~-Type 1 . ~~W@~@~ .--". .. -g.-. . ,r...';lJ - Use double fine spacing _ Align typing with the line A - Use arrows to set Tab Stops 1 1 z 003021 Invoice Date Your Order No. Our Order No. 12/1/88 3021-187 (612) 641-1139 SOLD TO: SHIPPED TO: (if other than SOLD TO) · Marcus oevelopement 10001 Wayzata Blvd. · Minnetonka, MN 55343 . Shorewood Convenience Center . . . Date Shipped Salesperson Terms Shipped Via F.O.a To bill you the cost to install 480 LF of 12" water lines per plans and specifications prepared by DSM Original bid EXTRA - '!he city engineer directed the subcontractor to wrap the water nain in 10 mil ply 31,648.00 950.00 'Ibis was not called for on the original plans and specifications Total anount rDtl due 32,598.00 Please remit to EDS/Results Construction 2402 University Ave. St. Paul, MN 55114 REORDER ITEM # NVN73T ..... . NVN73T The Crowing _ Dallas, Texas 75266-0429 e _ Group, lnc. 1982 ( ORIGINAL . . FOLD AT (-) TO AT ORAWI\IG BOARD ENVELOPE # EW9DW . FROBERG & PENBERTHY, P.. A TTORNEYS A T LA W Glenn Froberg James G. Penberthy Paul B. Ahern 17736 Excelsior Boulevard Minnetonka, Minnesota 55345 (612) 474-8877 December 7, 1988 TO: Mayor and City Council FROM: Glenn Froberg RE: Lease Agreement - SLMPSD Building I have reviewed the most recent draft of the proposed lease for the SLMPSD building and have the folloWing recommendations concerning-the terms and conditions therein: Page I, Paragraph 2: Term. The lease should specify commencement date. Inasmuch as the lease would not be signed until the building is "substantially" completed, there is no reason not to include the actual commencement date of the lease in the agreement. Page 2, Paragraph 3a: A definite figure should be inserted for the amount invested by the City of Excelsior. .. Page 2, Paragraph 3: The last paragraph provides for a second agreement to be entered into once the "commencement date" and the total amount of the investment by the City of Excelsior are known. If the lease is not executed until such time as the commencement date and the total amount of the investment by the City of Excelsior are known, these figures can be entered into the original lease agreement and there would be no need for a second agreement to be signed by the parties. A prepayment clause should also be inserted into the paragraph concerning payment terms, permitting the lessee to ma~e prepayments without penalty. Page 3, Paragraph 6: Each parties' vestment in its capital account should be in proportion to the number of full "months" from the Commencement Date instead of the number of full "years". Also, the reference to the separate agreement to be entered into by lessor and lessee should be eliminated. 13-1-/ / ~ . . Mayor and City Council December 7, 1988 , Page 2 Page 4, Paragraph 8b: The provision concerning appointment of appraisers appears to be very complicated and complex. Some provision should be made for the district court to step in and make a determination of the value if the appraisers cannot agree among themselves. Page 5, Paragraph 8c: If the premises are sold, the parties to the joint agreement should be paid their vestment in full at the time of sale instead of waiting for their money, as provided for in Paragraph 6a. Page 6, Paragraph 12: Insurance. Insurance coverage on the building should be consistent with the coverage maintained by each City on their own buildings. Page 8, Paragraph 18: Dama2e bv Fire or Other Casualty. "Substantial destruction" should mean that the premises are damaged'or destroyed to an extent that the cost of repairs equals at least 80%. This would ensure that the lessor would repair the building and the lessee would have continued use of the facilities or would receive at least 80% of their investment from the proceeds of the policy. Page 10, Paragraph 23: Ownership. The portion of the paragraph concerning the waiver of lien rights should be eliminated. If the building were to be sold without permission of the lessee, it would appear that the lessee would want to retain lien rights in the property as to the interest of any new owner. Most of the above recommendations are minor in nature, and it is anticipated that an accommodation between the parties can be reached through further discussions with the City of Excelsior. . OSM. Orr Schelen . .... Mayer~n& AsSOCIates, Inc. . DEe 7 1988 December 7, 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 5531 Attn: Mr. Dan Vogt Administrator RE: Brentridge OSM Comm. #1744.67 Dear Dan: During the construction work for installing utilities and replacing the street in Howard's Point Road for the Brentridge Project, the developer's contractor encountered a stretch of wet unstable material. We told the contractor he could not put that material back in the trench and expect to build a street over it. Therefore, we directed them to put a street section back-in similar to how we constructed Smithtown Road. Two feet of granular material was put in over geo- fabric. Additional geo-fabric material was put on top of the granular material and the -road se.ction constructed OJ) top. of that. The contractor sent the bill for this work to the developer, Mr. Dave Johnson. Mr. Johnson turned around and sent the bill to us for the City to pay. In my review Jetter of July 27, 1988.to ".the City, I di.scuss the rationale for why I didn't think the City should pay for the entire cost of the work. Subsequently, I reco~ended a cost sharing of the work. At our recent meeting with the developer, we negotiated the cost for this work to the point where the City pays for the material used and t aevelo er pays for the labor. As a result, I recommended the City pay 6,.349. of the $9,~81.90 billing. We've discussed this would come under th neral Fund's Existing Budget, Code 10-6363, for Street and Roadway Replacement Funds. Also, that there are sufficient funds in this budget for covering the cost of this work. Howard's Point Road is definitely better constructed now than it was before which justifies the City sharing in the cost of this work. If you have any questions or comments, please call me. Respectfully, ORR-SCHELEN-MAYERON AND ASSOCIATES, INC. d-P 1~ James P. Norton, P.E. City Engineer cc: Mr. Dave Johnson, Shorewood Oaks Development, Inc. Mr. Phil Tipka, Resident Inspector lmt 13--13-~ 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 May~nd counc~~mbers Dan~~t, Al ROle~ December 6, 1988 1989 Water and Sewer Budget Proposals Attached you will find the 1989 budget proposals for the water and sewer funds. Below will be an overview of each budget proposal. Water Fund Revenues You will readily notice that water fund revenues are increasing nicely. This increase is due to additional connections to the system which trans- lates into increased water sales. You will notice that we estimate $120,000.00 in sales for 1988. The high revenue forecast is due to the drought conditions of this past summer. A realistic figure of $100,000.00 is being used for 1989. This amount should be achieved under normal rain- fall conditions. Other revenue calculations are based upon estimations from various sources including the Planning Department for building permit estimates. Expenditures 1988 has proven to be a year of high expenditures for the water fund. Factors that have led to the expenditure levels include: purchase of the pressure reduction valves (PRV's) for the Southeast Area Water System (note that revenues from the sale of PRV's increased code 4705 of the water fund revenues budget), the Amesbury Watermain Looping Project, the City Hall/ Badger Park Watermain Project and the Brentridge Watermain Oversizing Agree- ment. These items alone have added approximately $65,000.00 in expense to the fund. The City has also been offered the watermain which follows the perimeter of the Old Village Pump site. This could add approximately an additional $33,000.00 in expense to the fund. That discussion will take place elsewhere on the December 12 Agenda. For 1989, staff anticipates more normal spending patterns. Staff also has budgeted for utility billing software to be incorporated into the new system 36 in the amount of $4,000. A Residential Community on Lake Minnetonka's South Shore ./,;?" ,,7. i ~ K.---ii . . 1989 Water and Sewer Budget Proposals Page 2 You will notice that a surplus in revenues is projected in 1989 for the water fund in the amount of approximately $22,000. This will help soften the anticipated 1988 deficit of approximately $52,000. (Note that the deficit for 1988 could jump to approximately $85,000.00 if the Village Pump Watermain is purchased as mentioned above. From that standpoint, it may be more desirable to defer this purchase until 1989). No change in the wpter user rate is recommended at this time. Sewer Fund Revenues Sewer fund revenues for 1989 anticipate an increase in sales due to an in- crease in users. The bottom line for 1989 is less than 1988 due to decreased revenues projected because of a lower number of homes anticipated to be built in 1989 versus 1988. Expenses You will note that the overall 1989 budget is less than 1988. This is due to a decrease in MWCC charges for 1989. The MWCC rate decreased because of a flow reduction and a credit for overpayment in 1987. (You may recall that we underpaid in 1986 which increased our MWCC charges for 1988.) Other major expenses include a continued allocation for cleaning, televising and repairing sewer lines ($45,000.00), costs to rebuild Lift Station No.6 ($20,000.00) and billing software for the System 36 ($6,000.00). Overall staff anticipates a sewer fund surplus of $36,432.00 in 1989. A surplus of $24,379.00 is projected in 1988. If it is your desire to cause a balanced budget in 1989, the City would need to reduce rates approximately $4.00 per user per quarter. You will recall that rates were increased in 1988 to cover increased maintenance and sewer line rehabilitation costs as well as equipment replacement. These items were funded in 1988 and continue to be funded in 1989. The sewer and water fund budget proposals for 1989 are being presented for your consideration and approval. This item will appear on yourTIecember 12 meeting Agenda. Upon approval, original budget sheets will be forwarded to you to be included with the General Fund Budget. Please contact staff if you have any questions prior to Monday night. Questions are welcomed and participation from the Financial Advisory Board is encouraged at the December 12 meeting. DJV/al Attachment cc: Financial Advisory Board Don Zdrazil ~ -2- .- .. -:.:< .: CITY OF SHOREWOOD PLANNING COMMISSION MEETING TIJESDAY, 6 DECEMBER 1988 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P,M. MINUTES CALL TO ORDER Chair Watten called the meeting to order at 7:34 P.M. ROLL CALL Present: Chair Watten; Commissioners Schultz, Spellman, Robertson, Leslie, Benson, and Mason; Council Liaison Stover; Planner Nielsen; Planning Assist. Helgesen. Ab sen t : None APPROVAL OF MINUTES Schultz moved, seconded by Robertson to approve the minutes of 1 November 1988 with typograpical corrections on page 2. Motion carried unanimously. 7 :30 PUBLIC HEARING - REZONING FROM R-lD TO R-C Kuempel Chime Clock Works and Studio - 21195 Minnetonka Blvd. In 1978 Kuempel Chime Clock Works was granted a conditional use permit and rezoning to the R-C district to operate as an "art studio". The rezoning approval was included in the resolution approving the c.u.p., rather than by ordinance amendment. Attorney Froberg has said that the zoning ordinance can not be amended by resolution, although if the City had published the resolution in 1978 the zoning to R-C would have been validated. The owners now wish to bring in another business to occupy sane of the space available in their building. The proposed tenant, Outdoor Designs, makes mailbox stands of wooden posts - predesigned or customized. Public portion of the public hearing opened at 7:40 P.M. Mrs. McGregor (owner) provided brochures for both what Kuempel Chimes does, as well as brochures for the proposed tenant. She stated that all of the Kuempel Chimes employees are part-time, and that there are not more than 8 to 9 people employed on the premises at any time. Konrad Wurm, owner of property behind and on side of Kuempel Chimes property, said he hadn't received the notice of the original public hearing in 1978. He said he does have an objection to looking at the rear of the building due to its massive size. He believes his property values have decrease because of the building. Mrs. McGregor and the Wurms discussed ways of screening the building by means of a privacy fence and landscaping, next spring. Mrs. Wurm said she is concerned that the type of business being approved for occupancy today be appropriate for the R-C district so that additional rezoning doesn't become necessary in the future. Public portion of the public hearing closed at 7:47 P.M. Benson noted that the resolution in 1978 describes a different set of lots than what is referenced in the report. Planner Nielsen said that was another error caused by the City not requiring a survey at the time. The McGregors' have since acquired Lot 16 and a portion of Lot 17. Minutes Planning Commission Meeting 6 December 1988 It was noted that the Comprehensive Plan does not address this area along Minnetonka Blvd. Schultz asked if another tenant could come along and continue this same type of use, e.g. manufacturing vs. crafts. The Ordinance reference to "studio" needs to be defined. Watten said if the type of manufacture is compatible with the neighborhood it should be allowed. Benson said he doesn't feel the mailboxes are artwork in the same sense as the clocks are. Benson moved, seconded by Schultz to table the matter for further study and legal consultation as to definition of "studio". Leslie asked if people will come to the store to buy products. Mrs. McGregor said no. Leslie said she doesn't see it as a retail operation. Motion to table was denied unanimously. Spellman moved, seconded by Leslie, to recommend to Council that the rezoning to R-C, and the C.U.P. for Kuempel Chimes be approved subject to the Planner's recommendations. Schultz said he didn't see the urgency in this matter since the business has existed in its current state since 1978. Planner Nielsen asked if the motion included the occupancy of Outdoor Designs. Spellman said that was not his intent. Spellman amended his motion to read, that the rezoning to R-C, and the C.U.P. for Kuempel Chimes Clock Works only be approved subject to the Planner's recommendations as set forth in his report dated 1 December 1988, also subject to a landscape plan being submitted for screening the building from the adjacent residential district. Leslie seconded. Motion carried by roll call vote - 6 ayes - 1 nay (Schultz). The need for clarification on the R-C district conditional uses and their definition, especially in regard to the term "art studio", was discussed. Planner Nielsen suggested that the Planning Commission recommend withholding any occupancy permit for Outdoor Designs until the Commission has had a chance to further study the definitions, and that it is clear that the Outdoor Designs business is an appropriate use in the R-C district. Schultz moved, seconded by Mason, to recommend to Council that they not act on any occupancy permit for Outdoor Designs until after the Planning Commission has given it further study. Motion carried unanimously. This item will appear on the Council agenda of 12 December 1988. The McGregors' said they would try to have a landscape plan prepared in time for that meeting. - 2 - Minutes Planning Commission Meeting 6 December 1988 7 :45 P.M. PUBLIC HEARING - SETBACK VARIANCE/VARIANCE TO EXPAND A NONCONFORMING STRUCTURE/VARIANCE TO PARKING REQUIREMENTS Country Kitchen Restaurant - 22920 State Highway 7 Planner Nielsen explained that the building. located in the C-3 zoning district is already nonconforming to the 30 foot front yard setback (along Highway 7 r.o.w.). and that the proposal is to expand the building further into that setback as close as approximately six feet from the property line. He said that since the property is surrounded by Excelsior City limits. the zoning district regulations which apply to Excelsior should be considered. Those regulations would allow a 10 foot setback from the front yard property line and only require a four foot reduction to the proposed addition in order to comply. The reduction would also eliminate enough square feet to also eliminate the need for parking space variance. Public portion of the public hearing opened at 8:30 P.M. Mark Lundell. for Charles Novak of Ursa Major. Inc.. (project architect). said that 8 square feet is all that would encroach and didn't feel it was enough to require the recommended reduction. Planner Nielsen clarified that Shorewood's setback is 30 feet. and he is recommending to consider Excelsior's 10 foot setback as justification for the variance to the 30 foot setback. Konrad Wurm asked if there is going to be future highway construction to expand the highway. Planner Nielsen said that any highway expansion would stay within its r.o.w. Public portion of the public hearing closed at 8:34 P.M. Spellman said he was concerned that using another City's setback would set precedence for other properties abutting other City limits. Commissioners discussed ways in which the property is unique due to its being surrounded by Excelsior on three out of four sides. Elevation from Highway 7 also contributes to its uniqueness. Schultz moved. seconded by Benson to recommend to Council that the setback variance and variance to expand a nonconforming structure be approved subject to the Planner's recommendation as set forth in his report dated 1 December 1988. including reduction of the proposal so the addition is not built closer than 10 feet to the property line. Motion carried by roll call vote - 6 ayes - 1 nay (Spellman). This item will appear on the Council agenda of 12 December 1988. SIMPLE SUBDIVISION Allen McKinney - 4925 Rustic Way Mr. McKinney is requesting approval to divide his property into two lots. located in the R-1D zoning district. The proposed lots would meet or exceed the district requirements. Leslie moved. seconded by Mason to recommend to Council that the subdivision be approved subject to the Planner's recommendations as set forth in his report dated 2 December 1988. Motion carried unanimously. This item will appear on the Council agenda of 12 December 1988 - 3 - Minutes Planning Commission Meeting 6 December 1988 8:15 P.M. PUBLIC HEARING - PRELIMINARY PLAT - CEDAR HEIGHTS Kelly Bosworth - 5.1 acres immediately west of Woodhaven 2nd Addition Planner Nielsen reviewed the John Sayer subdivision (November. 1987) which resulted in the existing parcel now proposed for platting into three lots. Access is proposed via private easement from Chanhassen which was drawn into a development agreement between Chanhassen. Shorewood and Mr. Sayer and dated 25 November 1987. The site is located in the R-1C zoning district. Dr. Bosworth's proposed lots exceed the minimum lot size requirements. The property is restricted to a maximum of three lots by Shorewood's policy when access is by private road. Public portion of the public hearing opened at 8:57 P.M. Dr. Bosworth said he wants to consider ways of providing utilities from Shorewood rather than Chanhassen. as well as providing public access. which would allow more than three lots. Commissioners said they would need to see a different plat for that consideration. Watten and Spellman said that they felt the applicant should be sure of his intentions before submitting any plat for approval. Planner Nielsen said that Mr. Sayer's engineer had explored other means of providing utilities from Shorewood. He said that water could come from Shorewood (Woodhaven Well). but due to topography. etc. sewer service could be a problem. The development agreement does not preclude utilities coming from Shorewood. Public portion of the public hearing closed at 9:04 P.M. Planner Nielsen said that if the number of lots. significant size. or access changes from what has been presented on the current plat. a reapplication would be required. Leslie moved. seconded by Spellman to recommend to Council approval of the preliminary plat subject to the Planner's recommendations as set forth in his report dated 25 November 1988. including the requirement of a supplemental development agreement. Motion carried by roll call vote - 5 ayes - 2 nays (Watten and Spellman). This item will appear on the Council agenda of 12 December 1988. 8:30 P.M. PUBLIC HEARING - SETBACK VARIANCE Chester Yanik - 4245 Enchanted Lane Planner Nielsen reviewed his report. explaining that Mr. Yanik would like to remodel his existing deck and build a gazebo on it as well. The entire deck encroaches into the 50 foot lakeshore setback. and a portion of it encroaches beyond a variance approval granted in 1981 allowing a deck no closer than 35 feet from the lakeshore. Public portion of the public hearing opened at 9:15 P.M. Mr. Yanik introduced himself and his contractor. John Kissel. Mr. Yanik said that he met with Planner Nielsen at the site in early November and agreed at that time to obtain an updated survey of his property for construction and any necessary variance application - 4 - Minutes Planning Commission Meeting 6 December 1988 purposes. Mr. Yanik said that previous deck construction (which is now rotted and needs replacement) was built in accordance with the site plan upon which variance approvals were granted. He stated that the existing screen porch was built under an approved building permit. Mr. Kissel explained the proposal further and construction which has occurred to date. He said the deck and gazebo are at least two-thirds complete and built in cooperation with the City. Mr. Yanik said he has more than $15.000 into the project already. Mr. Yanik presented the consent of approval from his neighbors. and photographs of his property showing the deck in its current state. He also submitted a copy of the building permit issued for the current construction which included conditions that "all work be done within the buildable area of the lot and previously approved setback variance. Setbacks to be verified by up-dated survey to be submitted no later than 14 November. Any work found to encroach within required setback will be corrected by owner". dated 11-3-88. Public portion of the public hearing closed at 9:31 P.M. Spellman moved. seconded by Robertson to recommend to Council that a setback variance be approved. in accordance with the Planner's recommendation as set forth in his report dated 30 November 1988. for a ground-level deck terminating at the 35 foot setback line and that the gazebo not be allowed within the 50 foot lakeshore setback. Motion carried by roll call vote - 7 ayes. This item will appear on the Council agenda of 12 December 1988 SIMPLE SUBDIVISION Construction Mortgage Investors - 6065-67 Lake Linden Drive In November of 1985 the City approved a simple subdivision to split the two-family residential lot. The subdivision was never recorded at the County and reapplication for same is now being made. Planner Nielsen said that the up-dated survey showing the property "as-built" shows a recently built shed on the site that was built without a permit and does not conform with setback requirements. Schultz moved. seconded by Spellman to recommend to Council approval of the subdivision subject to the Planner's recommendations as set forth in his report dated 25 November 1988 and 6 November 1985. and also subject to the removal or relocation of the existing shed provided that a building permit is obtained. Motion carried unanimously. This item will appear on the Council agenda of 12 December 1988. 1989 PLANNING COMMISSION APPOINTMENTS Leslie moved. seconded by Spellman to recommend to Council that Jim Schultz be appointed as 1989 Planning Commission Chair. Motion carried unanimously. Watten moved. seconded by Robertson to recommend to Council that Richard Spellman be appointed as 1989 Planning Commission Vice-Chair. Motion carried unanimously. No Commissioners expressed interest in resignation. - 5 - Minutes ~lanning Commission Meeting 6 December 1988 REPORTS Stover said that the Council is concerned about improving and maintaining good communication between the Commission and themselves and would like to schedule a joint Study Session for the 3rd Tuesday in January 1989. Also discussed was lighting for City Hall parking was improved somewhat by increasing the watts in existing lights. Consideration of having NSP install a street light is being made. however. the residents on Echo Road would first be consulted. MATTERS FROM 'mE FLOOR Jan Haugan was present to express her goals as Mayor of Shorewood. She stated that she is working toward establishing effective communication among the Commissions. Council and staff. She said she would like to avoid any surprises in the future. She asked the Commissioners to consider the following aspects of discussion for a joint meeting between the Planning Commission and Council in January: What is the Commission looking for in Shorewood; its future; how do we achieve these goals Consider a 10 year plan for the City Research Ordinances Offer any suggestions Jan expressed her appreciation of the Planning Commission. ADJOURNMENT Spellman moved. seconded by Robertson to adjourn the meeting at 10:35 P.M. Motion carried unanimously. Pat Mason announced that she will be out of town for the next three months. Respectfully submitted. Patti Helgesen Planning Assistant - 6 - / ~ / 1"' A1":.~ Ct;1\11\1I>:$::l1t.i1\t 1":.t:Pt.iRT TO THE SHOREWOOD CITY COUNCIL December 12, 1988 Gordon T. Christensen Report on Park Commission meetings of December 5 and 12: A joint Park. Commission/City Council meeting was held December 5. Liaison to community groups was discussed in the Park Commission meeting December 12. Four items made-up the agenda of the joint meeting. These were: o REQUEST FOR SATURDAY MORNING ICE TIl\tlE - lVIHA o FREEMAN PARK o MANOR PARK WARMING HOUSE!P A VILION o SNOWMOBILE ORDINANCE REVIEW REQUEST FOR SA TURD A Y MORNING ICE TIME - MHA The Minnetonka Hockey Association requested ice time on Saturday mornings. Discussion centered around the impact this 'N'ould have on recreational skating. It was pointed out that we have allowed Saturday morning hockey in years past and that there is a recreational rink adjacent to the hockey rink. A motion passed to allow Saturday morning hockey per the MHA request. Council action: A motion to allow hockey time per the Park Commission recommendation. FREEMAN PARK Extensive grading in Freeman Park when completed...was not to Park Commission satisfaction. It turns out to be a problem of semantics. In Civil Engineering, as in many technical professions, common words may have precise meaning. Final grading was specified.. .when it should have been finished grading. We thought we were getting athletic fields ready for play. Fortunately, the City Engineer completed the project under budget. He assures us that we have sufficient money remaining to complete the grading...to finish the athletic fields the way we planned...and still remain at budget. So a potentially bad problem disappeared. The only thing we lose is about eight weeks. Instead of being ready next spring when the snow melts, it will be about July 1. Park Commission Report P.2 A motion passed to recommend not paying the City Engineer until the fields are satisfactorily finished. Council action: A motion to withhold payment to the City Engineer until the project is finished. (The Park Commission will report again in July,) MANOR PARK WARMING HOUSE/PAVILION We want to build a Warming House in Manor Park. In trying to build this little Warming House, since it is a "public Building", we are running into all sorts of building requirements...more suitable for an office building, or even an auditorium.. .but, "crazy" for a Warming House. The City Administrator was asked (more than directed) to work with the Planner to see if some way couldn't be found through the bureaucracy. I talked to the Public Works Director. He said that Public Works could build a nice Warming House. Perhaps this is the answer since the project is really "maintenance" of a structure requiring rehabilitation. Council action: Await City Administrator's recommendation. SNOWMOBILE ORDINANCE REVIEW The City of Shorewood' snowmobile ordinance, Chapter 802, revised January 25, 1988, is nearly one year old. Accordingly, the City Council directed the Park Commission to review the ordinance in light of the experience gained over the past year and make a recommendation. The Park Commission has thorousrhlv reviewed both the ordinance and the Shorewood snowmobile situation. We have listened at length to both those "for" and those "against" snowmobiling. We discussed changes proposed to remedy specific situations (for example: snowmobile routes past the skating rink in Cathcart Park; and snowmobile regulation on the railroad corridor State of Minnesota DNR Grant-In-Aid Trail). We looked into the background of arguments given by persons presenting to the Park Commission. Park Commission Report P.3 We studied the problem in depth and 'We concluded: o That there are not alot complaints about sno'Wmobiling in Shore'Wood. o That one resident cornplains constantly: This resident attends Park Commission meetings regularly. Three times, over t'Wo years, he has been accompanied by a person, or has submitted a letter from a person supporting his no-compromisi? position... that sno'Wmobile operation must be banned-- totally outla'Wed--in Shore'Wood. Investisrations and Deliberations o The complaining resident's original dislike of sno'Wmobiles came as result of a dispute bet'Ween neighbors. The resident vvanted to ride his motorcycle on the trail. His neighbor said "No, the trail sign reads 'No Motorized Vehicles - except Sno'Wmobiles. 'II (The reasons are: that sno'Wmobile monies fund the trail; and that the HCRRA, Hennepin County Railroad Authority, prohibits motorized 'Wheeled vehicle use.. .also, bicycles,) The neighbor has moved avvay. The resident no longer actively rides motorcycles. Yet, the...if I can't ride - you can't ride...anger persists; and, although the basis of the complaint no longer exists, he has adopted a position that is difficult to back a'Way from. o When asked 'Why the South Lake Minnetonka Public Safety Dept. didn't make a greater effort to more completely enforce the sno'Wmobile ordinance, or to patrol and 'Watch the Trail more closely, the Lieutenant questioned responded that they don't get enough complaints to justify additional coverage. o Investigating broken blacktop that caused a bicycle accident on the trail, the Director of Public Works concluded that the rut 'Was made not by a sno'Wmobile, but by a car. Park Commission Report p4 o Southv.rest Trails Snov.rmobile Association has responded professionally to every complaint. The Park Commission minutes of Feb. 3, 1988, p.3 document a person v.rho telephoned to say "thank you" for the v.ray their complaint had been handled. o Noise complaints v.rere handled scientifically, by taking decibel readings of noise along the Trail. Park Commissioners v.rere in attendence during these measurements. - Noise levels outside the complaining residents house v.rere considerably less than could be expected from a pov.rer mov.rer. - Noise levels taken inside a similar house/similar location could not be read on the meter. (Winter, the v.rindov.rs v.rere assumed to be closed,) o The problem... to the extent that it is a problem... only exists about ten v.reeks per year: January, February, tv.ro v.reeks in lVlarch. Considering that most riding is done on v.reek-ends, the time may be more like tv.renty days. o A person stated that 400 snov.rmobiles passed their house on one day. If this number can be believed, it substantiates the alligation made by snov.rmobilers that the trail is absolutely vital to the access of Lake Minnetonka from the West and Southv.rest. It v.rould seem more sensible, in this case, to close the trail to non-snov.rmobile use on, say, the tv.renty peak-usage days. o The responsibility... the char actor of snov.rmobiliers..v.ras questioned as v.ras their v.rillingness to obey rules. Dr. Kullberg, Vice President of the State Association stated that the mean income ofsnov.rmobiling families is $42,000. o Southv.rest trails has presented a proposal for policing the Trail. The proposal is in your packet. It is designed to be a final ansv.rer to the question of v.rhether or not the Ordinance is enforcible. o Looking at the Ordinance, v.re find that it is extremely restrictive: -Curfev.r -10 MPH speed limit on streets -20 MPH speed limit on the trail -Specific conditions limiting ~ street use Park Commission Raport p.5 o Mr. Bruce Johnson, a Five Million Dollar Club Salesman from Counselor Realty feels that the ability to snowmobile and access other outdoor activities adds value to Shorewood property. (Otherwise, why not live in Edina?) One resident specifically said that was why he moved here. o Shorewood residents and local business benefit. Petitions submitted in the past contained 30 Signatures against; and 355 signatures in favor of snowmobiling. Of those in favor, 67 were from Shorewood. So at a minimum, Shorewood only, there are more than 2 to 1 in favor. o Outlawing snowmobiling won't solve the problem: - There are 36,000 registered snowmobiles in Hennepin County alone. Lake Minnetonka is the largest recreational area in the County. Many snowmobiles will be trailered out and...finding the trail closed...will try to work around it (bigger problems) or, just try to run it. - We are prohibited from physically blocking the trail. - Sixteen-Thousand trail maps were printed...1989 edition alone. Eight-Thousand Five Hundred have been distributed at such places as the State Fair and Winter Sports Show. These maps designate Shorewood as an area for concern. They do sho"W the Trail. - The City is specifically insured in a $1 Million snowmobile liability insurance package. Outlawing snowmobiling would cancel this cover age. - A young Shorewood snowmobiler who lives near Hwy. 7 asked my son if we thought that he was going to load his sled and get his dad to trailer it five blocks so he could ride on Minnetonka. Apparently, he would ignore such a requirement. o A situation peculiar to the approximately two miles of Trail in Shorewood is that Trail signs are constantly removed. Southwest Trails bends these signs, hammers and mutilates them before installation to eleminate any value as a kids trophy. They also smear the signs with grease and hammer threaded bolt ends so that signs will be both difficult and dirty to remove. Park Commission Report p.6 Yet, signs are removed repeatedly. Removal of one Stop sign, in particular, creates a hazard of dangerous potential. Southwest Trails ordinance enforcement proposal notes that special efforts will be made to determine who is removing these signs and to persue the $500.00 fine / 90 days imprisonment penalties o There seems to be a feeling that: I'm tired of snowmobiles; I'm sick of hearing about 'em; let's just get rid of them. We too are tired of the topic appearing again and again on our Park agenda. We have an ordinance.. .perhaps, even, a model ordinance.. .and we feel that giving-in to vandalism. and nagging is not a proper decision. Recommendation We think the Council has been impressed with the thoroughness, attention to detail and concern exhibited by the Park Commission in recent matters. We assure you that great energy and a genuine concern for the interests of all parties has been maintained and that we have been objective in arriving at our recommendation. Gordon Lindstrom moved that Snowmobile Ordinance, Chapter 802, be retained unchanged; that Snowmobiling be alllowed to continue in Shorewood. This motion was seconded by Mark. Laberee. All in attendance voted in favor of the motion. Commissioner Marty Jakel was absent. The motion passed on the unanimous vote of those in attendance. Contacted by telephone, Marty Jakel indicated that he supported the motion and would have voted in favor of it. Therefore, the Park Commission is unanimous in its recommendation. Council action: Motion to accept the recommendation of the Park Commission. The Park Commission respectfully requests that its function as an advisory body to the legislative authority of the Council be respected.. .and that its recommenda tion be accepted. ... Park Commission Report p.7 CONCESSIONS SALES Concession sales of "snack" items is an agenda item remaining from a previous meeting. The Park Commission recommends approval of concession sales at skating rinks by Marty Jakel. Council action. Motion to approve concession sales. Respe. fully su~ ~ ordon T. hristensen A~ 117fY' ~.' Jhn~~ + ~i~ ~ rJi:t.; ~ ...a hvt ~. -10 .P+~ rto ~ Uu tJ.o5WO ~ . ~ ~,uL. ~ U<... Shd-Uwood ~ hu~ u~. . W-L ~ ~ ~-h~~dW~~ ~ ~ of tis P- ~/C~ <f tv, p~ w-tdv ~ ~ ~ c/o ..'-fh (5+nus tufuh ~ UJa~ ~ ~4M-. ~ wndf ~ ~ .kJu ~ ;<U.L .V&h. .~. ~ 10 /JU~ !7ehu&e ~ ~~ M-CJ.--to~~A ~~ .~.i, .~...f(';.r .~ ~. ...~ ~/ f.3;J I ~ UJ~ d3bdO m~ b-- ~ l' , SOUTHWEST ~~~ Southwest Trail Association P.O. Box 9 Chanhassen, Minnesota 55317 December 09, 1988 City of Shorewood 5755 Country Club Road Shorewood, MN 55331 c/o City Council & Parks Commission RE: Enforcement of Sh~rewood Snowmobile Ordinance The Southwest Trails Association has organized a citizen crime watch group to be known as The Snow Patrol. The twenty-four dedicated snow- mobilers will patrol the railroad corridor through the snowmobile season when there is snow on the trail. Their objective will be to observe violations of the 20 mph speed limit, the curfew, the use of ATVls on the trail, snowmobile reqistration violations, and cross country ski pass violations. They-will report directly to the local police deoartment and the DNR. Southwest Trails, Association \<lill use four to six man teams at varying hours on the trail. The Dolice deoartment will be notified each time we patrol the trail by mobile telephone. This will also be the wa~ we contact them about violations. We request that sno~~obile complaints from residents be directed to the local police department and that we have access to this information so we can modify the hours we patrol. Specific complaints should be in writing and mailed to: The Southwest Trails Association P.O. Box 18 Navarre, MN 55392 We will report directly to the Shorewood Parks Department on a monthly basis during the snowmobile season. Our hours of operation will be turned in to the DNR grant-in-aid program on a monthly basis during the snowmobile season. If you have any further questions, please con- tact me. I;Z~i~ / William Kullbera ~ Vice President,~MnUSA H: 472 2076 ~~: 471 7728 PHONE NO. ~rMT~T~@lJ~ ~INDEPARTMENT OF NATURAL RESOURCES 296-8609 1200 Warner Road, st. Paul, Minnesota DEe - 9 1988 55-106 FILE NO. December 6, 1988 Mr. Dan Vogt City Administrator City of Shorewood 5755 Country Club Road Shorewood, Minnesota 55331 Dear Mr. Vogt: In response to our phone conversation earlier today, I will try to summa- rize the Department of Natural Resource's (DNR) position reference the issue of snowmobile operation in your city and the grant and aid trail link between Lake Minnetonka and the trail system in Carver County. First, let me point out that the DNR does support snowmobiling as a legit- imate winter time outdoor recreation. We feel that routes need to be available for snowmobilers to follow when traveling between areas. When there is a large public area such as Lake Minntonka there needs to be routes to get to nearby trail systems such as the grant and aid trails in Carver County. We acknowledge that there may be needs to put ~ reason- able limitations on their use in some situations, but a total ban is not a reasonable solution to a problem. I understand that you presently have an ordinance which establishes a speed limit and limits the hours of operation. It would appear to me from conversations with the Conservation Officer in your area, the local police department, and a representative of the Minnesota Snowmobile Association that there needs to be more of an effort made to make this ordinance work. There have been some efforts made to post ordiance information on the trail. This needs to continue and possibly increase. Efforts are made by the local police department to deal with violations of the ordiancnce. They state that the level of snowmobile activity and number of complaints is quite low. They have used Hennepin County Sheriff's snowmobile patrols to assist with problems at times. Minnesota Conservation Officers do patrol the trail periodically, both by vehicle and by snowmobile. Up to this time, they have not been requested by the City to assist with ordinance enforcement, in fact they have not had ordinance language made available to them. The Conservation Officers actions have been based on state regulations. The Conservation Officers will assist if requested by the City with these ordinance violation problems to the extent that their patrols in the area allow. AN EQUAL OPPORTUNITY EMPLOYER Mr. Dan Vogt December 6, 1988 Page Two In general, it would appear to me that the existing ordinance concerning the use of snowmobiles in Shorewood is reasonable and allows for legitimate snowmobiling. If violation problems continue, all groups who have an interest (city, police, DNR, snowmobile assocations) need to work together to improve the compliance with the ordinance. The public needs to realize that they can help this effort by giving information about problem trends to the police or city. They must also realize that a specific snowmobile that violates may not be caught following a complaint and that 100% com- pliance will not happen on snowmobile operating regulations any more than it does on the highway, but weare always trying to improve the compliance level. If you have any further questions, or wish to discuss this issue, please feel free to contact me or Conservation Officer steve Walter. steve works your area, lives in Chanhassen, and his phone number is 934-1328. Sincerely, p~ ;/ ~ Capt. Paul Rice Regional Enforcement Supervisor Del Barber Regional Trails & Waterways Coordinator cc: Steve Walter, Conservation Officer Kathleen A. Wallace, Regional Administrator PR1130: lk Court. decisions ~ts::~ge4; SWiron Chadwick ronmental Protection Agency (EP A) regulation of the National Pollutant Dis- charge Elimination System. New-Source Pennits: The Clean Water Act does not empower theEPA to regulate pollutant sources. The EPA's jurisdiction is limited to regula- tion of the discharge of pollutants. The EP A may only impose permit condi- tions relating to actual discharge as opposed to the source of that dis- charge. Authorization to Veto State- Issued Pennits: In a move which assures substantial federal discretion in the veto of state-issued discharge per- mits, the court upheld the EPA's inter- pretation of Section 1342(d) of the Clean Water Act which empowers the EP A to veto a proposed state dis- charge permit. To implement that pro- vision, the EPA authored 40 CFR 123.44(c)(6) which provides that the EP A may veto the proposed permit any time where, in the agency's judg- ment, the permit fails to comply with the Clean Water Act.or its regulations. Industry officials said that rejection of such permits. could only be on the grounds that the allowed effluent dis- charge exceeded limits formaHy set by the EPA under Section 1314(b) of the Clean Water Act. The court held that despite the large role states were intended to have in the administration of the Clean Water Act, the EPA interpretation was more in keeping with the act's overall structure. Expired Pennits: By upholding a challenged EP A regulation, the court has sanctioned a policy whereby hold- ers of expired NPDES permits who have submitted renewal applications may continue to discharge pollutants indefinitely where the renewal applica- tion has not been processed because agency backlog. Natural Resources Defense Council Inc. v. EPA, 57 U.S.L.W. 2185, CA DC September 20,1988. Court mles ordinance banning door-to-door solicitation unconstitutional An ordinance reviewed by the Ninth Circuit Court of Appeals prohibited uninvited solicitors and merchants from "going in and upon private residences in the municipality." The court deter- mined that because protection of gov- ernment interests could have been done in a less restrictive way, the ordinance failed both the "least restric- tive means" test of Central Hudson and the more lenient Renton test which only requires that the government not unreasonably limit alternative avenues of communication. Possible alternatives the court mentioned included provi- sions whereby citizens. could post notices if they did not wish to be subject to solicitation and, in response to crime concerns, a requirement that solicitors be registered. Project SO's Inc. v. City of PocateOo, 57 U.S.L.W. 2198, September 15, 1988. Driving while under the influence of alcohol The Minnesota Court of Appeals has handed down two rulings which will effect the prosecution of DWI cases. In State of Minnesota v. Larson, the court held that expert testimony relative to the effect of a delay between arrest and testing for blood alcohol concentra- tion is not required when the delay is reasonable. In this case, a 77-minute delay between discovery and testing was found to be reasonable. Finance and Commerce, Criminal/Tax, Septem- ber 29, 1988 at 12. . In this case, the prosecution ad refused to offer Favre the option of pleading to the lesser offense based upon the pol- icy where such offers are only made if the accused alcohol concentration is less than .15 and there are no aggra- vating factors. Here, Favre was tested at 0.15, had a prior DWI conviction from the Air Force, and had intoxicated minors present in his car when he was stopped by the police. According to Minn. R. Crim. P. 15.07, a court may accept a plea of guilty to a lesser offense where it would be a manifest injustice not to accept the plea. The Court of Appeals held that because the prosecution's policy in these cases is not arbitrary or invidious and is in conformity with the deterrent purpose of the DWI statute, no manifest injus- tice danger was present. Finance and Commerce, Criminal/Tax, September 15, 1988 at 5. Other noteworthy decisions Imposition of ad valorem tax When levying an ad valorem tax for special improvements such as storm sewer improvements, a city must pro- vide property owners with notice of their right to appeal the assessment. Failure to provide written notice in accord with Minn. Stat. 444.18 and 429.081 can result in having the tax set aside. Chisago County v. City of North Branch, Finance and Commerce, Court of Appeals Opinions, October 14, 1988 at B9. Plat references in property deeds When a property owner possesses a deed which makes reference to a plat, the property owner and all subsequent grantees are prohibited from denying the legal validity of the plat even if the plat was improperly dedicated. Popp v. County of Winona, Finance and Com- merce, Court of Appeals Opinions, October 7, 1988 at B9. No liability for injury involving low-hanging tree branch While running from an ice arena Ramsey County owned and operated, a 10-year-old boy hit a low-hanging tree branch receiving severe eyeinju- ries. The tree was located in a grassy area. The boy was running in an area which he could have reached using a paved drive-way which had no such obstructions. In sustaining the trial court's verdict in favor of the county, the court of appeals reasoned that because the tree was in plain view and the risk of running into it was obvious, the county did not breach its duty to use reason- able care to protect arena patrons from injury. It also noted that the county had no reasonable basis to anticipate such an injury. . Sperr v. Ramsey County, Finance and Commerce, Court of Appeals/Civil Opinions, September 30, 1988 at 17. . . . GENERAL & LIQUOR FUNVS--BILLS PAIV SINCE NOVEMBER 18, 1988 CHECK NO. TO WHOM PAIV PURPOSE AMOUNT 1265 (G) Me.naJtd CM hway LwnbeJt Chain Link Fe.nce.-PCA $ 83.96 1266 Void 1267 (G) City County C~e.dit Union PR 11/22/88 C~e.dit Union 112.00 1268 (G) I CMA R e.:tUteme.nt PR 11/22/88 ICMA 320.00 1269 (G) Child Suppo~ Enno~cement PR 11/22/88 Child Suppo~ 145.00 1270 (GL) Comm~~ioneJt on Revenue PR 11/22/88 State Ta~ 723.21 1271 (GL) The Bank E~cwio~ PR 11/22/88 Fed. & Fica 4,369.34 1212 (GL) PubUc Employee Re.:tUtement PR 11/22/88 PERA 1,345.73 1273 (G) P~udential Addt. Line IMMance 5.20 1214 (G) Petty CMh Mileag e & SuppU~ 22.13 1215 ( L) Bellboy Co~po~ation Liquo~ PMchM ~ 1,445.61 1276 ( L) G~gg~, CoopeJt & Co. Liquo~ & Wine PMchM ~ 5,197.63 1277 (L) JohMon B~othe.M Wine & Liquo~ PMChM ~ 2,240.28 1218 (L) M~o Sal~ Inc. U~ed copymachine 200.00 1219 ( L) Minn. Vept. PubUc Sane.ty LiceM e 12.00 1280 ( L) MinnegM co Utiliti~ 129.00 1281 ( L) Minn. BaJt Supply Inc. M~c. & Cig. PMchM~ 696. 11 1282 ( L) Ed PhilUp~ & SaM Wine. & Liquo~ PMchM ~ 1,268.60 1283 ( L) Pog~eba fut. Inc. M~c. & BeeJt PMchM~ 1,759.35 1284 ( L) Quality Wine & Sp~ Co. Wine. PMchM ~ 236.58 1285 ( L) Ryan P ~opeJtti~ , Inc. VecembeJt Rent 1,922.58 1286 ( L) US W~t CommunicatioM Utiliti~ 143.74 1287 ( L) Weekly New~, Inc. Ad v eJ1.;tLo ing 215.00 1288 ( L) HaMY Niemela VecembeJt Rent 970.00 1289 (G) AlbiM on Folde.M-Planning 10.45 1290 (G) AlteJtnative S~anning, Inc. Finance T empo~aJty H up 1,108.80 1291 (G) Am~can National Bank Coupon InteJt~t 412.50 1292 (G) A~~oUated Mhpalt, Inc. Mhpalt-Snew 120.56 1293 (G) Bob' ~ Pe.MOruU. CoHee SeJtv. COnnee, nilte.M-City Hall 185.60 1294 (G) Comme.M Sont watVt Co. Rent 22.50 1295 (G) Comm~~ioneJt On T~aMp. Re.lamp 18.62 1296 (G) Vavid Vean Renund nO~ ad~~~ labe'u 15.00 1297 (G) Roln E A E~c~on NovembVt A~~~~ing Fee 2,099.14 1298 (G) T & S E~cavating, Inc. COMnumon pymt 13,107.14 PC I - 8, 28 6. 14 WateJt-4, 821. 00 1299 (G) G~o~~ Onnice Supply Finance ~uppU~-W2' ~ 2Z. 50 1300 (G) Hennepin County F olde.M 40.00 1301 (G) Hennepin County T~eMMeJt p~nt-Pub~hing-Gen. 59.00 - 1 - . . GENERAL & LIQUOR FUNVS--BILLS PAIV SINCE NOVEMBER 18, 1988 CHECK NO. TO WHOM PAW PURPOSE AMOUNT 1302 (G) KaJt P~oduw PMU-PubUc WO~~ $ 163.12 1303 (G) Lo~en Kohnen Building IMpemoM 6,224.00 1403 (G) Labo~ Re.latioM M~oc. Camp. Wo~h-Admin. 984.20 1305 (G) M~opolitan WMte Connol VecembVt SeweJt ChaJtg~ 24,659.55 1306 (G) Mac Too-U PMU-GaJtage 14.55 1307 (G) NaVaMe Amoco Rep~-PubUc WO~~ 38.50 1308 (G) No~heJtn stat~ PoweJt Co. utiliti~ 1,216.21 1309 (G) N o~heJtn stat~ P oweJt co. utiliti~ 1,191.13 1310 (G) OM Sche.len MaYVton & A~~oc. Engine~ng Fe~ 21,736.67 On Going Vev. 7,157.73 P eJtmiU 373.50 GeneJtal 4,412.70 Veve.lopment 855.56 wateJt 1,775.69 SE A~ea 3,145.66 Snew 4,015.83 1311 (G) Sho~ewood NUJL6 eJty R~to~e watVtUne-WateJt 101. 70 1312 (G) S. Lake Mntka PubUc Sanety Budget & booking nee 28,013.45 1313 (G) TimbeJt P~oduw BadgeJt Hocky Rink-PCI 182.50 1314 (G) US w~t CommunicatioM Utiliti~ 524.96 1315 (G) WMte Management-Savage WMte Removal-City Hall 109.00 1316 (G) W~t Side Redi-Mi~, Inc. BadgeJt hockey Rink-PCI 225.00 1317 (G) M edc enteJlA Employee Health IMMance 700.65 1318 (G) CommeJtUal Line IMMance VecembeJt Line IMMance 24.48 1319 (G) Vanie.l Vogt Mileage-Admin. 11.00 1320 ( L) A T & T Utiliti~ .61 1321 ( L) G~gg~, CoopeJt & Company Liquo~ PMchM~ 5,916.91 1322 ( L) Quality Wine & Sp~ Wine PMchM ~ 1,423.31 1323 ( L) JohMon B~o~. Whol~ale Wine & Liquo~ PMchM~ 1,180.47 1324 (L) Minn~ ota BaJt Supply M~ c. & Cig. PMchM ~ 203.12 1325 ( L) N o~h StaJt Ice M~c. PMchM~ 86.40 1326 ( L) No~heJtn State PoweJt Co. Utiliti~ 256.79 1321 ( L) PaMW & SOM Wine PMchM ~ 162.32 1328 ( L) Ed PhilUp~ & SaM Wine PMchM ~ 1,141.68 1329 ( L) RM~ MaMon Mileage 9.90 Total GeneJtal 109,487.91 Total Liquo~ 27,919.19 Total 137,407.10 - 2 - . . GENERAL & LIQUOR FUNVS--BILLS PAIV SINCE NOVEMBER 18, 1988 CHECK NO. TO WHOM PAW PURPOSE AMOUNT PAYROLL 202543 Vo~d 202544 (G) VaMu Vog~ 80 Reg. HoUM $ 1,093.87 202545 (G) SandJta Kenne1.ly 8 0 Reg. HoUM 752.12 202546 (G) Sue N~ccum 8 0 Reg. HoUM 486.85 202547 (G) Anne La;Ue.Jt 80 Reg. HoUM 386.49 202548 (G) L enolta Bache 34 Reg. HoUM 150.78 202549 (G) June. Coad 33 Reg. HoUM 146.35 202550 (G) CaJtmen Voug~y 1 7 Reg. HoUM 76.50 202551 (G) L e.-6-6 F ug hUng e.Jt 9 Reg. HoUM 40.50 202552 (G) Suzanne Gltahn 41.75 Reg. HoUM 205.75 202553 (G) No/tma Hogle 24.50 Reg. HouM 108.65 202554 (G) P~Ua. Hannum 31.50 Reg. HoUM 139.69 202555 (G) Elve.Jta Hoop-6 33 Reg. HoUM 146.35 202556 (G) June Hopp 24 Re.g. HoUM 106.43 202557 (G) MaJtgaJt~ J oltgeM en 33 Reg. HoUM 146.35 202558 (G) MaJtgaJt~ K e1.ly 34 Reg. HoUM 150.78 202559 (G) Iltene Kltonholm 35 Reg. HoUM 155.22 202560 (G) Su-6an La;Ue.Jtne.Jt 35 Reg. HoUM 132.55 202561 (G) KaJten M~e.-6 en 24 Reg. HoUM 106.43 202562 (G) MaJty R~an 35.25 Reg. HoUM 156.33 202563 (G) Su-6an Sana 16.50 Reg. HoUM 74.25 202564 (G) MaJty Schm-Ut 27.50 Reg. HoUM 121.96 202565 (G) CaJtme.lUa SmUh 30.00 Reg. HoUM 129.62 202566 (G) V~g~Ma. Soule 17 Reg. HoUM 76.50 202567 (G) MaJty Spe1.lman 34 Reg. HoUM 167.53 202568 (G) Alice Vo-6mek 24.5 Reg. HoUM 108.65 202569 (G) Joanne H e.Jtmann 50 Reg. HoUM 246.37 202570 (G) M~chau WaJtbe.Jt 36.25 Reg. HoUM 178.62 202571 (G) Edw~n Bo~an 18.75 Reg. HoUM 84.38 202572 (G) Jeanne Englund 16 Reg. HoUM 72.00 202573 (G) MaJty F a.y n~e1.d 24.50 Reg. HoUM 108.65 202574 (G) Judy Hage.n 16 Reg. HoUM 72.00 202575 (G) Joan Lang 24.50 Reg. HoUM 108.65 202576 (G) Ann LeaveYlWo~h 20.50 Reg. HoUM 92.25 202577 (G) J eanMne. P ~cha 17.75 Reg. HoUM 79.88 202578 (G) Volto~hy Bo~an 2.25 Reg. HoUM 10.13 202579 (G) Alan Rolek 40 Reg. HoUM 434.48 202580 (G) Jean Salt eM en 80 Reg. HoUM 552.60 202581 (G) Bltadley N~w en 80 Reg. HoUM 865.69 - 3 - . . GENERAL & LIQUOR FUNVS--BILLS PAIV SINCE NOVEMBER 18, 1988 CHECK NO. TO WHOM PAIV PURPOSE AMOUNT 202582 (G) P a..tJticJ..a Hug cu en 80 Reg. H oUJt.6 $ 647.22 202583 (G) Bftadley Niwen Motoft Vehic.le Allow. 98.00 202584 (G) Chaftlcu Vavi.6 82 Reg. HoUJt.6 1 OT 445.22 202585 (G) VenrU.6 J 0 hYl..6 0 n 80 Reg. H oUJt.6 651. 11 202586 (G) VarUu Randall 80 Reg. HouM 1 OT 677. 54 202587 (G) H owaltd Staltk. 80 Reg. HouM 9 OT 656. 70 202588 (G) Ralph We.hie 82 Reg. HouM 9.5 OT 642.56 202589 (G) Vonald ZcVr.azd 80 Reg. HoUJt.6 850.77 202590 (G) J 0.6 eph Lugow.6 k.i 80 Reg. HouM 10 OT 744. 16 202591 ( L) Ru..6.6 el.t Maftfto n 80 Reg. HouM 519.76 202592 ( L) ChJti.6tophe Sc.hmid 80 Reg. HoUJt.6 1 OT 303.69 202593 ( L) John Thomp.6on 20 Reg. HoUJt.6 100.00 202594 ( L) Mic.hau KoebeYl..6k.y 22 Reg. HouM 108.40 202595 ( L) Bftian Jak.u 34 Reg. HoUJt.6 155.94 202596 ( L) MaJt..tey J ak.u 6 Reg. HoUJt.6 29.56 202597 ( L) William JO.6eph.6on 80 Reg. HoUJt.6 571.85 202598 Void 202599 ( L) S u..6 an L a..t..t Vtn Vt 36.5 Reg. HoUJt.6 157.11 202600 ( L) Ve.an Young 80 Reg. HoUJt.6 521.80 202601 ( L) Sc.o..t..t Bennyho66 23 Reg. HoUJt.6 118.65 202602 ( L) S c.o..t..t Baftft e...t..t 44 Reg. HouM 194.72 202603 ( L) Jamcu She11edy 5 Reg. HoUJt.6 24.64 202604 (L) William Rhodcu 49 Reg. HouM 214.11 Total G enVtal 13,685.48 Total Liquoft 3,020.23 Total 16,705.71 Total GenVtal Total Liquoft 123,173.39 30,939.42 154,112.81 TOTAL - 4 -