050988 CC Reg AgP
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CITY OF SHOREWOOD
REGY~ COUNCIL MEETING
MONDAY, APRIL 18, 1988
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
5:30 P.M.
MINUTES
CALL TO ORDER
The Special Council meeting of the Shorewood City Council was called
to order at 5:30 p.m., Monday, April 18, 1988, in the Council
chambers by Acting Mayor Brance1.
PLEDGE OF ALLEGIANCE AND PRAYER
Acting Mayor Brancel opened the Regular Council meeting with the
Pledge of Allegiance and a prayer.
ROLL CALL
Present: Mayor Rascop (Arrived at 5:43 p.m.) Councilmembers Stover,
Gagne and Acting Mayor Brancel. Haugen absent.
Staff Attorney Froberg, Engineer Norton, Adminstrator Vogt,
Planner Nielsen, and Clerk Kennelly.
GALPIN LAKE WOODS -
FINAL PLAT AND DEVELOPMENT AGREEMENT
RESOLUTION NO.36-88
Planner Nielsen has not received a survey from Arens or their
surveyors. Barbara Jo Arens explained her discrepency in the Galpin
Lake Woods plat as it exists. She had a survey done in 1955 by a
neighborhood property owner, that includes her property. Ms. Arens
felt this survey agrees with their opinion on the property lot line.
In good faith of trying to protect their property, they are asking
the city not to grant the approval of the subdivision until the 10'
discrepency has been determined.
Surveyor Jeff Lindgren agrees that the corner setbacks are correct
but another stake was found and the source of this stake should be
determined prior to approval.
Jeff Schoenwetter's surveyor, Bruce Grivna, feels that the Egan,
Field & Nowak survey is correct and that it agrees with the Arley
Smith survey done in 1940.
Council questioned what legal steps could be taken in order to settle
this line dispute.
Ms. Arens stated the N.S.P. trimmed a tree in their yard that
displaced a horned owl nest. She asked that the developer watch for
that nest and not displace it again.
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SPECIAL MINUTES - MONDAY, APRIL 18, 1988
PAGE TWO
GALPIN LAKE WOODS - CONTINUED
Gagne felt that the direction was given at the last Council meeting
to have an agreement on the survey determined prior to this meeting.
Developer Jeff Schoenwetter, stated that Hedlund Engineering, his
surveyor and the County sureveyor agree with his plat. He has
complied with all City codes and Ordinances and is asking for plat
approval.
(
Stover questioned Engineer Norton about drainage easements needed.
Norton stated that drainage will be provided for within the
Development Agreement. A letter is to come from the Watershed
District regarding replacement of the existing drainage pipe.
Rascop moved, seconded by Gagne, to approve the final plat and to
authorize the Mayor and City Clerk to execute the Development
Agreement as submitted. Motion carried - 4 ayes by Roll Call Vote.
SPRING CLEAN-UP
Stover suggested that the City make some arrangement to pick up
senior citizens junk for clean-up days. Rascop would support setting
up a volunteer program for next years clean-up.
Vogt stated that the City will be recognized at a luncheon on
April 21st, as 1 of 12 cities that met the standards for recycling
collections set by the County.
ADJOURNMENT
Gagne moved, seconded by Stover, to adjourn the special meeting of
April 18, 1988 at 6:15 p.m. Motion carried - 4 ayes.
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CITY OF SHOREWOOD
REGULAR COUNCIL MEETING
MONDAY, APRIL 25, 1988
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
7:30 P.M.
MINUTES
CALL TO ORDER
The Regular Council meeting of the Shorewood City Council was called
to order at 7:30 p.m., Monday, April 25, 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, Haugen, Stover and
Gagne.
Staff Attorney Froberg, Engineer Norton, Administrator Vogt,
Planner Nielsen, Clerk Kennelly, Finance Director
Beck and Public Works Director Zdrazil.
APPROVAL OF MINUTES
Brancel moved, seconded by Stover, to approve the minutes of April
11, 1988 as amended on pages 2,4,5,7 and 8. Motion carried - 5 ayes.
MATTERS FROM THE FLOOR
Request for the Use of Manor Park Ballfield
Jim Bean was present to request that the City postpone their plans
to reseed Manor Park ballfield in order for a group of children to
use the field. He spoke to Park Commissioner Vogel and he felt
that if the seeding was not completed this week it would be better
to wait until September. Brancel expressed the Park Commission's
wishes to have the field completed once and for all. She would
like this request returned to the Park Commission. Mr. Bean will
also attend that meeting. Public Works Director Zdrazil spoke to
Commissioner Mark Laberee, he stated that September was a better
time to seed.
Request for Reinstatement - South Forty Addition
Wayne Pokorny was present to request that the Council reinstate his
original application for a preliminary plat that was denied at the
last Council meeting. Stover reviewed his original request.
Pokorny originally asked that his application be tabled until
February 2, 1988 to submit needed information. No
additional
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PAGE 2
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Re uest for Reinstatement - South Fort Addition - continued
ln ormatlon was recelved, until a letter requesting an extension
was received.
Haugen moved, seconded by Gagne, to have Nielsen review the
material submitted today and come back to the Council with his
findings. Motion carried - 5 ayes.
PARK COMMISSION REPORT
Brancel reviewed the Park Commission discussion on supplying water to
Freeman Park. Engineer Norton was asked for a cost estimate to
supply water to sprinkle the field from Shorewood Oaks Development.
Norton submitted two estimates for two different routes, Plan A and
Plan B, he also esitmated $5,000.00 an acre for an irrigation
system. Plan A - $6,500.00 and Plan B - $8,800.00. These two routes
bring water to the park property line and hoses and sprinklers will
be used to water the fields. Plan B also includes resurfacing a
street as needed.
Brancel moved, seconded by Gagne, to accept Plan A for a water supply
for Freeman Park.
The Council discussed the future needs and the best plan for the
park. Norton estimated a two week install time and stated that the
best plan would be a looped system.
Brancel moved to amend her motion and request that both Plan A and
Plan B be authorized for installation, seconded by Gagne. Motion
carried - 5 ayes.
Brancel moved, seconded by Gagne, to authorize the Engineer to
proceed with preparation of plans and specifications for the water
installation. Motion carried - 5 ayes.
CONSENT AGENDA
Weed Spraying Contract
Council accepted a bid in the amount of $2,510.00 from Mahoney
Services for the 1988 weed spraying contract.
Reclassification of Position - Secretary
Administrator Vogt recommended that the Telephone-Operator
Receptionist be changed to Secretary for the Stanton Report and
because it best describes the work being done by this position
currently.
Freeman Park Grading Project No. 87-5 - Change Order No.1
Engineer Norton submitted a change order on the Freeman Park
grading project. The change order total is $22,450.00 for
additional work added to the existing contract. Engineer Norton
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PAGE 3
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CONSENT AGENDA - Freeman Park Grading - cont.
stated that the change order "Contract to date" amount was listed
incorrectly and should be $71,805.00.
Proclamation Establishing May 8-14 as Municpal Clerks Week
A proclamation was submitted from the Municipal Clerks Association
setting May 8-14, 1988 as Municipal Clerks Week.
Haugen moved, seconded by Stover, to approve the items on the Consent
agenda. Motion carried - 5 ayes.
NEAR MOUNTAIN PLANNED UNIT DEVELOPMENT - REVISED CONCEPT
DEVELOPMENT STAGE PLAN RESOLUTION NO.37-88
Mayor Rascop opened the Public Hearing at 8:02 p.m. to hear a request
from Peter Pflaum of Lundgren Bros. Construction to revise their
concept and development stage plan. Mr. Pflaum explained their
changes would be in the areas of eliminating condo and townhouses and
replace them with single family dwellings. This would reduce their
building units from 39 to 28 in one area and 56 to 29 in the other.
Ed Bergslein asked the approximate cost of these homes. Mr. Pflaum
stated that one area would have homes in the $130,000.00 to
$200,000.00 range and another area from $200,000.00 to $350,000.00.
He stated that this was the strong market price range. Rascop closed
the public portion of the hearing at 8:10 p.m. after requesting and
receiving no further comments.
Gagne clarified that the utility installation costs will still be
borne by the developer just spread over fewer units. Park fund fees
will be calculated as previously agreed to for a unit reduction.
Sewer equalization will be based on only the units built and a
reduction in revenue from water sales can be anticipated.
A flag lot will exist due to the need for excessive site
alterations. Lot frontage will be altered to meet the required width
on all buildable lots.
Outlots A
wetlands.
including
Ordinance
wetlands.
and B will be dedicated to the city because they are
It is requested that the outlots would have restrictions
no use of motorized vehicles. Council felt than an
amendment be drafted to prohibit motorized vehicles in all
Stover moved, seconded by Brancel, to approve the revised concept and
development stage plan. Motion carried by Roll call Vote - 5 ayes.
Haugen moved, seconded by Stover, that an Ordinance be drafted as an
amendment to the wetland Ordinance prohibiting the use of motorized
vehicles within the wetlands area. Motion carried - 5 ayes.
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MINUTES - MONDAY .IL 25, 1988
PAGE 4
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PUBLIC HEARING - BAYWOOD SHOPS
REQUEST FOR CONCEPT STAGE APPROVAL AND CONDITIONAL USE PERMIT FOR
COMMERCIAL PLANNED UNIT DEVELOPMENT
Mayor Rascop opened the public hearing at 8:25 p.m. to hear a request
from Dick Dreher of Dreher Assocfates. He is requesting concept
stage approval of a conditional use permit for a commercial planned
unit development.
Mr. Dreher reviewed his plans for the site which would include a new
Tom Thumb Store with gas pumps and an attached additional square
footage that would be used for small retail shops. The proposed plan
included three (3) accesses from County Road 19, one of which could
be jointly used by the parcel to the north. He reviewed proposed
signage and the need for extensive landscaping.
Guy Streeter, representing the American Legion, expressed his concern
of drainage for water run-off. Mr. Dreher stated that there are two
acres to the rear of his property that could be used for drainage and
the Apartment complex to the north has expressed interest in working
together to improve the current drainage problems. Snow removal
storage would also be addressed. Mr. Bergslein asked about the
I.C.O. site. Dreher stated that the lot would not be included in
this proposal.
Concerns were addressed regarding water contamination from gas
tanks. Nielsen stated that all new tanks are subject to approval by
the fire department, engineer's design, P.C.A. and E.P.A. licensing
procedures. Haugen had concerns of approving 3 gas stations on the
same corner. Dreher stated that Tom Thumb will not sign a lease
unless in included one pump island and the project will not proceed
without the Tom Thumb lease.
Don Keefe owner or the present Tom Thumb property may reopen the
present store if the pumps are not approved.
Mayor Rascop closed the public hearing at 8:40 p.m. after receiving
no further public comments. Stover stated that a neighbor, Mr.
Littlefield had questions regarding plans for access to the rear of
the property at the Planning Commission meeting. The Planning
Commission did recommend approval. Council looked at the three
accesses proposed. Mr. Dreher felt that two accesses could be worked
out if the Council requested that. Gagne was not in favor of three
gas stations on that corner. Don Keefe stated that the only gas
station operational at this time is the I.C.O., this site would be
the second station and all of these sites are zoned the same. He
felt it was the responsibility of the Council to let developers know
what might happen in the area but it is not up to the Council to
determine who can have certain uses and who can't under the same
zoning.
Brancel asked about filling and a landscape plan for the rear of the
building. Dreher stated that a rear walkout with rented storage of
14,000 square feet for boat storage might be used due to the
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MINUTES - MONDAY~IL 25, 1988
PAGE 5 .,--
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PUBLIC HEARING - BAYWOOD SHOPS - CONTINUED
difficult topography. The drainage problem will have to be handled
before the run-off gets to the Legion property. Mr. Streeter felt
the "City was going to be turned into a large gas station", but he
did favor new tanks for safety of the water supply.
Haugen asked if the development of the shopping center would be done
alone if Tom Thumb wouldn't agree to signing a lease with no gas
pumps. Dreher didn't feel this would happen unless Tom Thumb agreed
to not having pumps.
Attorney Froberg recommended that the Council could pass a Resolution
granting the conditional use permit. The Resolution will be drafted
by the staff and returned to the Council for review and passage.
Stover moved, seconded by Gagne, to direct the staff to prepare a
Resolution to be returned to the Council for action.
Haugen motioned to table action at this time to obtain additional
information a~j1:::::Miaff"--a..aTft 8:. i\t::~ul~~lI f()l a~p1';~l, seconded
by Gagne. Motion carried - 5 ayes.
Stover moved, accepted by Gagne, to remove their motion.
STRAWBERRY FIELDS - COMP PLAN AMENDMENT/REZONING/PRELIMINARY PLAT -
DENIAL
At the last meeting the Council directed that the Strawberry Fields
proposal be sent back to the Planning Commission for further review
because two proposals were received in the same area, one needing a
Comp plan amendment and rezoning and the other only needing
rezoning. Council questioned why the comp plan differed for the two
properties. Council also tabled action at the last meeting on the
second proposal.
Dean Johnson was opposed to both of these projects being rezoned
because of the effect that 25 new homes would have on the existing 12
homes, density, lot size and storm water drainage. He does not agree
with the Planning Commission approval on the basis of the comp plan.
Stover stated that Allen Johnson informed her, he was opposed to the
density also. The Planning Commission did not discuss the comp plan
when this project was sent back because no additional information was
found to change their recommendation. Stover did not feel the comp
plan needed to be changed.
Nielsen reviewed the necessary steps to be taken in order to process
this request as submitted:
1. Comp plan amendment
2. Pass an Ordinance rezoning property from R-1A to R-1B
3. Approve preliminary plat
Nielsen stated that the effect of the rezoning would increase the
allowable density from 8 lots to 10 lots.
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MINUTES - MONOAY,.RIL 25, 1988
PAGE 6
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STRAWBERRY FIELDS - CONTINUED
Gagne moved, to approve the Strickland Ventures II proposal, seconded
by Haugen.
Mr. Don Mullenbach agrees with Mr. Johnson's position and he also
disagrees with the lot configuration.
Haugen asked the sizes of new lots along Smithtown Road. These lots
are all acre lots, four lots developed by George Larsen and one lot
owned by Hoops.
Gagne moved, seconded by Haugen, to amend the comp plan. Motion was
denied - 5 nays by Roll Call Vote.
Council directed the Attorney to prepare Findings of Fact to support
denial.
Brancel moved, seconded by Stover, to deny the request for rezoning.
Motion carried - 5 ayes to deny by Roll Call Vote.
Brancel moved, seconded by Gagne, to approve the preliminary plan in
concept with replatting to meet rezoning regulations. Motion carried
- 5 ayes.
WESTLAWN III ADDITION REZONING DENIED
Mr. George Larsen has requested a rezoning from R-1A to R-1B for a
proposed 15 lot subdivision south of Smithtown Road and west of
Strawberry Lane. His request does not need a comp plan amendment.
Stover moved, seconded by Brancel, to deny the rezoning request for
West lawn III and directed the Attorney to prepare Findings of Fact to
support the denial. Motion carried - 5 ayes by Roll Call Vote.
PETITION TO REZONE
DIVISION STREET
A petition was received from the majority of the residents of
Division Street to rezone the area for two-family dwellings. A
reqeust from Jeff Thomas of 5875 Division Street, to build a garage
prompted this petition. He has a double unit in a single family area
and his non-conforming use would preclude adding a garage until such
time as the use is conforming.
Haugen moved, seconded by Stover, to direct the staff to obtain
additional information on the existing properties and then schedule a
public hearing to hear the rezoning request. Motion carried - 5 ayes.
BUDGET AMENDMENT - SEWER FUND SAFETY EQUIPMENT PURCHASES
Public Works Director Zdrazil was present to request a budget
amendment in the amount of $4,000.00 to purchase safety equipment
necessary to comply with OSHA laws for sewer maintenance.
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PAGE 7
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BUDGET AMENDMENT - CONTINUED
Gagne moved, seconded by Stover, to approve the budget amendment of
$4,000.00 from the sewer fund. Motion carried - 5 ayes.
NUISANCE COMPLAINT - BEAVERS - REQUEST FOR ALLOWING TRAPPING
Cal Nelson and area residents of Lake Virginia Highlands were present
to voice their complaints regarding the damage being done in their
area by the beavers. He stated that at least 150 trees have been
dropped and all other trees 6" in diameter or better have been chewed
up by the beavers. They have dammed up and blocked off their channel
to Lake Virginia. They have asked for help to control the problem
from the DNR, city officials, animal control and trappers and nothing
can be done. They would like to trap the beavers by means of leg
hold traps and remove the dams.
Stover and Haugen expressed their concerns for pets and children as
well as the beavers, and will not support the use of leg hold traps.
Mr. Hansen stated that the leg hold traps are set to drowned the
animal and not allow suffering. Rascop stated that the allowable
trapping in Minnetrista has really helped the problem on the
Islands. The traps would be set on private property and could be
signed and fenced off to secure safety for children or pets.
Rascop moved, seconded by Gagne, to direct the Attorney to draft an
Ordinance to allow for leg hold traps only under Council action of
specific conditions can be met such as time limitation, individuals
and locations. Motion carried 3 ayes - 2 nays (Stover and Haugen).
The removal of the dam could be done by requesting a dredging permit
from the DNR ~the Watershed District because the channel is a man
made channel.~/O
ATTORNEYS REPORT
Christmas Lake Road/Lane Cul-de-sac Update
After the proposed Construction Agreement has been reviewed and
approved, it then needs to be executed and signed by Mayor Rascop
and Clerk Kennelly. Deeds, easements, title policy, plans and
specifications have been completed and approved by staff.
Henney Litigation
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~trial has been cancelled. A pre-trial will be set.
Village Pump Junk Complaint
A proposal for the site will be presented to the Planning
Commission and then the Council. Current leases will be
terminated. The owners feel that the current use has been long
standing and they should be able to continue that same use.
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MINUTES - MONDAY~RIL 25, 1988
PAGE 8 ..,
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ATTORNEYS REPORT - Village Pump Junk Complaint - Cont.
Rascop moved, seconded by Brancel, to direct the Attorney to
proceed with the litigation until all complaints have been removed.
ENGINEERS REPORT
Water Tower Color Selection
Engineer Norton submitted a color chart for the S.E. Area Water
Tower.
Gagne moved, seconded by Stover, to use the two-tone blue on the
tower as submitted. Motion carried - 3 ayes to 2 nays (Rascop and
Haugen).
Stover suggested eliminating the logo. Council directed SHOREWOOD
for east and west side and logo for the north and south side.
Water tower construction will begin May 1, 1988.
Amesbury Well - Pump Repairs
Munitech detected a noise in the pump at the Amesbury well
contacted well drillers to obtain quotes for that repair.
has recommended to award the repair project to E.H. Renner
at an estimated cost of $10,000.00.
and
Norton
& Sons
Gagne moved, seconded by Stover, to award the project to E.H.
Renner & Sons as recommended. Motion carried - 5 ayes.
Engineer Norton explained the previous repairs on that well and
stated that these repairs are due to the start-stop and short
running period caused by the use of a hydromatic tank system. He
feels the long range plan should include connecting this well to
the new tower. A smaller tower at this site could be an
alternative. The best future planning would be for an intragrated
water system. A 12" pipe could be installed to interconnect the
systems.
A
Enchanted Point Survey
Norton submitted a survey that was completed for Enchanted Point.
They found no indication that the road indentified as Hickory Lane
has ever been vacated. Froberg reviewed the survey and he felt
that if any road improvements were done there would be a need to
obtain easements first.
A request to release a lot for state land sale would require a
subdivision due to a portion of this road going across this lot.
Froberg doesn't feel future action is necessary unless road
improvements are planned.
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MINUTES - MONDAY ~L 25, 1988
'PAGE 9 ..,
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ENGINEERS REPORT - Enchanted Point Survey - Cont.
Rascop thought the survey was supposed to extend to the lake. The
Park Commission needed the survey done to the end of the road for
their fire lane survey. Norton will extend the survey. Rascop
felt that Hickory Lane has been vacated.
ADMINISTRATIVE REPORT
County Road 19j5tate Highway 7 Meeting
The meeting with MnDOT regarding the proposed signal at County Road
19 and State Highway 7 intersection will be held at 7:00 p.m., May
25, 1988 at the Excelsior Elementary School Gym. Plans have been
completed. The City will send notices to the Galpin Lake area
residents. MnDOT will take care of the eminent domain procedures
and are asking for the cities help and will reimburse thier
expenses. Bids will set for fall of 1990 and 1991 construction.
Board of Review Set
The Board of Review will be held at 7:30 p.m., May 5, 1988.
Council questioned if valuation went up a set percentage and what
portion of the City was reviewed. Council would like to have the
sales books for this meeting.
Bayswater Road Dispute
A meeting was held with Mr. Dean Thomas, President of the Amesbury
West Association, Jerry Peterson, Vogt, Nielsen and Stover to work
out an agreement regarding the mailbox issue and maintenance of
road right-of-way. Stover feels that Peterson and Thomas could
best negotiate their own arrangements.
Amesbury Association Meeting
Vogt and Norton met with the Association to discuss obtaining
easements needed to loop the water system to correct existing
problems. They will grant the easement as requested and the
project will be ready to begin as soon as the easement is received.
Sewer Cleaning and Televising Bids
The specifications for televising and sewer cleaning bids are out.
Bids will be opened on May 6 and returned to Council on May 9 for
award of bid.
Shorewood Oaks Tile Damage
Damage was done to three properties owned by Bill Johnson, Pete
Holmberg and Earl Bakken during last summers heavy rains. They
feel it was due to an old underground tile being brokken by Knutson
Company working on the Shorewood Oaks Project. Knutson's insurance
is accepting responsibility and going ahead with the repairs but
feels the City should be a co-pay because the line was not shown on
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. MINUTES - MONDAY elL 25, 1988
PAGE 10
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ADMINISTRATORS REPORT - Shorewood Oaks Tile Damage - Cont.
the City's plans. The City holds no responsibility because they
did not install this line.
Recycling Plaque
The City received a plaque because we were 1 of 12 cities in
Hennepin County that met the recycling goal percentage set.
City Hall Retaining Wall
Due to added landscaping at the rear of City Hall, Vogt feels a
fence is needed to protect people from falling over the existing
terracing walls.
Gagne moved, seconded by Stover, to approve the installation of a
fence for safety purposes. Motion carried - 5 ayes.
Financial Matters
Finance Director Beck responded to questions and concerns raised at
the last Council meeting:
-Budget Analysis - Financial statements showing line items are
supplied quarterly, cash flow statement supplied monthly.
-Office Furniture purchases - does not exceed budgeted amount
-Excessive Gas mileage - has well documented mileage
-Filing Cabinet locks - all financial data are locked up and are
available during working hours, all source documents are locked
up. Vogt can have keys, the only thing he can't have access to is
the Mayor's signature stamp and checks. The bar lock was cheaper
than new filing cabinets.
-Closing books promptly - the books are kept open for 90 days after
year end to receive all affected revenues, such as water and sewer
revenues and tax receipts.
-Bond rating - Rating has nothing to do with a qualified audit.
Fixed assets have not been listed, a deficit water fund and lack of
a five year capitol improvement program contribute to our bond
rating level. Bond consultant also felt that the working capitol
fund is not high enough.
-Cash receipting procedure - front desk handles all receipting for
cash control and make deposit up for the bank.
-Auditor will be present in May to discuss audit.
-Rumors & misinformation - she did not get any phone calls asking
for information, she feels this was a dis-service to the City and
it caused a lack of productivity.
-Solutions - Beck would like calls and visits if there are any
questions. She is willing to hold a session to answer any
questions as well as to include the auditor if the Council would
like. She would like a policy put into place if the Council agrees.
Haugen asked if assessment checks could be checked for proper
payment before receipting. The auditor feels the check will get
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MINUTES - MONDAY WIL 25, 1988
PAGE 11
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ADMINISTRATORS REPORT - Financial Matters - Cont.
lost if not receipted immediately upon receipt. She feels only 10
or 15 checks have to be returned for incorrect amounts. The
Auditor wants one person to receipt and make up a deposit and
another does the depositing at the bank and reconciling the monthly
bank statements, and another does checks and receipts journal. She
did agree to allow the assessment check to be verified prior to
deposi t if done ~\70~'!{ day.
~ ""g o-~1'....fL--
A fixed asset list of large items like parks and all items over
$500.00 should be done.
Stover moved, seconded by Haugen, to schedule a Special Council
Meeting for audit review only for May 24, 1988 at 7:00 p.m.
John Bridge of the Financial Advisory Board asked why these
questions were brought up. He feels there is a deeper problem and
it may be caused by the City Government type of management.
Rascop asked Beck what procedures she followed in selecting the new
software. She stated that software support was lost from Ameridata
and they went to Detroit to look a New World's software when they
chose the company they wanted to go with. Rascop wondered if she
was telling them that there is no one in Minnesota that has
software suitable. He also stated that he has trouble with paying
for New World's travel expenses. Beck stated that they prefer
billing in that manner but it is all part of the contract price.
She did look at two companies in Minnesota but stated that the
software available would not meet our needs.
Rascop asked if she had specifications to meet. Yes, but nothing
in writing. She felt the expenditure was not large enough to go
out for bids. The accounts payable package was the only package
originally planned to purchase. Gagne asked what has been expended
since January. Beck will return with total cost. She stated that
it was under $15,000.00.
Bridge felt that management problem could be caused because Vogt
has to answer to five bosses. An Administrator versus Manager type
of operation should be looked at. Haugen felt the Council should
set policy and let the person hired as Administrator do the
Administrating. An election would be needed to change from Plan A
to B or home rule. Attorney Froberg will return with procedures to
follow to change the current form of government. Haugen feels
growing pains have caused many of the problems. Gagne clarified
the Council decision to go through Vogt for all information.
Haugen and Stover would like to ask questions to the individual
employees. Rascop feels that problems with employees should be
routed through Vogt. It was clarified that all personnel matters
should be handled through Vogt; staff to go to Vogt; Vogt to go to
the Council; Council to go through Vogt and Vogt to work with staff.
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MINUTES - MONDAYtlkIL 25, 1988
PAGE 12
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MAYORS REPORT
LMCD
Representative from the LMCD met with the systems committee of the
Met Council regarding the abolishment of the LMCD. Dirk DeVries
supported the LMCD and voted not to disband the organization.
COUNCIL REPORTS
Minnehaha Watershed District Action
Gagne reviewed various actions taken by the Watershed District.
-Howards Point Marina dredging permit.
-Permit to fill along Mayflower - not in the wetlands.
-Arvidson retaining wall - tabled for explanation of the need for a
retaining wall instead of rip rapping. Vogt spoke to Mr. Mahady,
and he was not aware that the wall was already constructed.
APPROVAL OF CLAIMS AND ADJOURNMENT
Brancel moved, seconded by Haugen, to adjourn the Regular Council
meeting of Monday, April 25, 1988 at 12:18 a.m. (April 26, 1988),
subject to approval of payment of claims. Motion carried
unanimously - 5 ayes.
GENERAL AND LIQUOR FUNDS - Acct. No. 00-00166-02
Checks #052817-052906
General
$122,245.18
Liquor
$23,407.76
Payroll Checklist:
Checks #202045-202078
Total
$ 9,853.91
$132,099.09
$ 2,754.50
$26,162.26
RESPECTFULLY SUBMITTED,
Robert Rascop, Mayor
Sandra L. Kennelly
City Clerk
-12-
CHECK NO.
052817 (G)
052818 (G)
052819 (G)
052820 (G)
052821 (G&L)
052822 (GaL)
052823 (G)
052824 (L)
052825 (L)
052826 (G)
052827 (L)
052828 (L)
052829 (G&L)
052830 (L)
052831 (G)
052832 (L)
052833 (L)
052834 (L)
052835 (L)
052836 (L)
052837 (L)
052838 (L)
052839 (G)
052840 (L)
052841 (G)
052842 (G)
052843 (G)
052844 (G)
052845 (G)
052846 (G)
052847 (G)
052848 (G)
052849 (L)
052850 (G)
052851 (G)
052852 (G)
052853 (G)
052854 (G)
052855 (G)
052856 (G)
052857 (G)
052858 (G)
052859 (G)
052860 (G)
052861 (G)
052862 (G)
052863 (G)
052864 (G)
052865 (G)
.
.
GENERAL & LIQUOR FUNDS-BILLS PAID SINCE APRIL 20, 1988
TO WHOM PAID
PURPOSE
BOULDER BRIDGE FARM, INC WATER CONNECITONS $
MUNICIPAL CLERKS & FINANCE CERTIFICATION FOR MUNICPAL CLK
NORTHERN STATES POWER CO UTILITIES CITY WIDE
MINNEGASCO UTILITIES BOULDER BRIDGE
MINNESOTA MUTUAL LIFE INS ACCIDENT & HEALTH INSURANCE
COMMERCIAL LIFE INSURANCE LIFE INSURANCE FOR EMPLOYEES
KEN JARCHO INSURNACE AGENCY NOTARY BOND
JOHNSON BROS. WHOLESALE LIQUOR LIQUOR & WINE PURCHASES
MINNESOTA BAR SUPPLY INC MISC. PURCHASES
MINNESOTA COMMERCE DEPT NOTARY COMMISSION ADMINSTRATOR
NORTHWESTERN BELL TELEPHONE SERVICE & ADVERTISING
POGREBA DISTRIBUTING INC BEER PURCHASES
PHYSICIANS HEALTH PLAN OF MN MAY 88 EMPLOYEE HEALTH INS.
QUALITY WINE & SPRITS CO WINE PURCHASES
ORR-SCHELEN-MAYERON & ASSOC AUG 1,DEC 31, 87 FREEMAN PARK
GRIGGS, COOPER & CO, INC. LIQUOR & WINE PURCHASES
JOHNSON BROTHERS WHOLESALE CO LIQUOR & WINE PURCHASES
NORTHERN STATES POWER CO UTILITIES
NORTHWESTERN BELL TELEPHONE SERVICE & ADVERTISING
ED. PHILLIPS & SONS CO LIQUOR & WINE PURCHASES
POGREBA DISTRIBUTING INC BEER & MISC PURCHASES
HARRY NIEMELA MAY RENT
JEAN SORENSEN MILEAGE
RUSSELL MARRON MILEAGE FOR APRIL
AT & T TELEPHONE SERVICE
ACRO-MINNESOTA, INC ANTI STATIC MAT-FIN 19.47
GEN. OFF. SUPP-78.81
RELOCATE CABLE FOR COMPUTER
MIGRATION CALBE,PAPER,RIBBONS
SIGNS
RUSTPROOF 88 FORD 180.00
1988 FORD F-250
CITY OF MINNETONKA 1ST QUARTER WATER PURCHASES
COMMERS SOFT WATER CO APRIL RENT
GRIGGS, COOPER & COMPANY LIQUOR & WINE PURCHASES
COMMISSIONER OF TRANSPORTATION RE LAMP-TRAFFIC CONTROL
CONSOLIDATED TYPEWRITER INC MAINTENANCE CONTRACT 5/88
ROLF E A ERICKSON APRIL ASSESSING FEE
FEED-RITE CONTROLS INC CONTAINER CHARGE
HENNEPIN CTY DEPT PROPERTY TAX POSTAL VERIFICATIONS
HENNEPIN COUNTY TREASURER TAXES
HOUSE OF PAINT NEWSLETTER 1ST QUARTER
IBM IBM DISPLAY STATION-FIN
LABOR RELATINS ASSOCIATES,INC ADM MEETING COMPARAHLE WORTH
LOUISVILLE LANDFILL, INC DUMPING
METRO WEST INSPECTION SERVICE 139 BLDG INSPECTIONS
H.C. MAYER & SONS, INC OIL -PUBLIC WORKS
MIDWEST MAILING SYSTEMS EQUIPMENT MAINTENACE AGREEMENT
METROPOLITAN WASTE CONTROL SEWER CHARGES
METRIPOLITAN WATER CONTROL SAC CHARGES
MIDWEST ASPHALT CORP LIMESTONE
ALL SYSTEMS INSTALLATON
AMERIDATA
EARL F ANDERSON & ASSOC
BOYER FORD TRUCKS
INC
AMOUNT
5,920.00
20.00
7.55
111. 35
125.28
25.92
60.00
579.18
407.97
10.00
64.75
1,299.95
2,542.37
546.90
1,026.15
1,655.76
300.78
264.94
79.12
1,024.32
873.30
970.00
13.42
13.20
8.83
98.28
365.00
427.32
718.50
14,580.00
820.20
22.50
2,233. 71
12.76
to 4/89 110.00
1,975.00
20.00
18.62
1,731.93
280.55
1,295.00
410.32
36.00
4,165.95
355.00
145.00
24,659.55
6,014.25
467.06
-1-
CHECK NO.
.
.
GENERAL & LIQUOR FUNDS-BILLS PAID SINCE APRIL 20~ 1988
TO WHOM PAID
PURPOSE
AMOUNT
052866 (G)
052867 (G)
052868 (G)
052869 (G)
052870 (G)
052871 (G)
052872 (G)
052873 (G)
052874 (G)
052875 (G)
052876 (G)
052877 (G)
052878 (G)
052879 (G)
052880 (G)
052881 (G)
052882 (G)
052883 (G)
052884 (G)
052886 (G)
052887 (G)
052885 (G)
052888 (G)
052889 (G)
052890 (G)
052891 (G)
052892 (G)
052893 (G&L)
052894 (G)
052895 (G)
052896 (G)
052897 (G&L)
052898 (G)
052899 (G)
052900 (L)
052901 (L)
052902 (L)
052903 (L)
052904 (L)
052905 (L)
052906 (L)
MINNEGASCO
MOORE SIGN CO
MUELLIER SALES CORP
NAVARRE HARDWARE
NEP CORPORATION
NEW WORLD SYSTEMS
NEW WORLD SYSTEMS
NORTHWESTERN BELL
NORTHWESTERN BELL
NORTHERN STATES POWER CO
ORR SCHELEN MAYERON & ASSOC
PARAGON WOODCRAFT
PITNEY BOWES
PEPSI COLA BOTTLING GROUP
E. H. RENNER & SONS
R & W SANITATION~ INC
SOUTH LAKE MTKA PUBLIC SAFETY
SHORWOOD TREE SERVICE
TONKA PRINTING CO
WATER PRODUCTS COMPANY
WASTE MANAGEMENT SAVAGE
TURF SUPPLY COMPANY
AMERIDATA
MINNESOTA SUBURBAN NEWSPPAPER
CITY COUNTY CREDIT UNION
ICMA RETIREMENT COPR
CHILD SUPPORT ENFORCEMENT
THE BANK OF EXCELSIOR
THE PRUDENTIAL INSUR. COMPANY
MEDCENTERS HEALTH PLAN
COMMISSIONER OF REVENUE
PUBLIC EMPLOYEES RETIREMENT
STATE TREASURER
CASH
BELLBOY CORPORATION
GRIGGS~ COOPER AND COMPANY
JOHNSON BROTHERS WHOLESALE
MINNESOTA BAR SUPPLY INC
PAUSTIS & SONS
QUALITY WINE & SPIRITS
RYAN PROPERTIES~ INC
UTILITIES BADGER 132.18 $
UTILITIES CITY HALL 86.13
UTILITIES GARAGE 983.86
EIGHT SIGNS-PLANNING
MERCOID
PARTS- PCI 23.84~GEN 91.36
WELDING ROD-PUBLIC WORKS
INSTALLMENT PAYMENT GEN/PAYROLL
DOWNPAYMENT GEN LEDGAR/PAYROLL
REPAIR TELEPHONE CABLE
UTILITIES CITY HALL 361.05
UTILITIES PUBLIC WORKS 54.07
UTILITIES PARKS 75.94
UTILITIES WATER 37.78
UTILITIES-CITYWIDE
SE AREA WELL
TABLE LEGS-PROTECTIVE SERVICE
POSTAGE METER RENTAL
RENTAL
INSPECTION OF # DEEP WELL PUMPS
CLEANUP GARBAGE @ MCKINNEY
MAY BUDGET 27~874.84~OT 587.10
HAUL BURSt! ::'~')~c~j_
1 REAM PAPER-GEN GVT
30 METER & MISC PARTS
WASTE REMOVAL-CITY HALL
80 BAGS-PARK & RECREATION
IBM QUIETWRITER PRINTER
ON GOING DEV./ADS
PAYROLL 4/27/88 CREDIT UNION
PAYROLL 4/27/88 ICMA
PAYROLL 4/27/88 CHILD SUPPORT
PAYROLL 4/27/88 FED & FICA & MED
MAY ADDITIONAL LIFE INS
MAY HEALTH INS
PAYROLL 4/27/88 STATE TAX
PAYROLL 4/27/88 PERA
BUILDING PERMIT SURCHARGE
CASH FOR SPRING CLEAN-UP
LIQUOR PURCHASES
LIQUOR PURCHASES
LIQUOR & WINE PURCHASES
MISC PURCHASES
WINE PURCHASES
LIQUOR & WINE PURCHASES
MAY RENTAL INVOICE
TOTAL GENERAL
TOTAL LIQUOR
TOTAL
-2-
1~202.17
664.00
343.05
115.20
30.00
2,700.00
1.350.00
785.14
528.84
2,826.85
445.50
72.00
59.25
10.00
120.00
80.00
28,461. 94
535.00
12.89
131. 93
81.00
1,396.00
1~402.00
133.52
11 7 . 00
552.00
145.00
4,248.76
5.20
1~167~75
894.86
1,350.00
2,739.38
2~0.00
2,262,88
3,946.84
1,706.03
937.22
94.80
912.82
1,922.58
122,245.18
23,407.76
145~652.94
..
.
.
GENERAL & LIQUOR FUNDS-BILLS PAID SINCE APRIL 20, 1988
CHECK NO. TO WHOM PAID P.URPOSE AMOUNT
PAYROLL LIST
202045 VOID
202046 VOID
202047 (G) DANIEL L VOGT 80 REG. HRS $ 1,000.54
202048 (G) SANDRA L KENNELLY 80 REG. HRS 744.59
202049 (G) SUSAN A NICCUM 80 REG. HRS 483.30
202050 (G) SHELLY L QUAAS 80 REG. HRS 401.59
202051 (G) EVELYN T BECK 80 REG. HRS 690.63
202052 (G) JEAN M SORENSEN 80 REG. HRS 534.38
202053 (G) GAIL M REDPATH 16 REG. HRS 112.39
202054 (G) BRADLEY J NIELSEN 80 REG. HRS 851.53
202055 (G) PATRICIA R HELGESEN 80 REG. HRS 629.30
202056 (G) BRADLEY J NIELSEN MOTOR VEHICLE 127.67
202057 (G) CHARLES S DAVIS 82 REG. HRS 2 ON CALL 426.88
202058 (G) DENNIS D JOHNSON 80 REG. HRS 636.94
202059 (G) DANIEL J RANDALL 82 REG. HRS 2 ON CALL 664.44
202060 (G) HOWARD V STARK 80 REG. HRS 553.03
202061 (G) RALPH A WEHLE 80 REG. HRS 520.08
202062 (G) DONALD E ZDRAZIL 80 REG. HRS 853.33
202063 (G) JOSEPH P LUGOWSKI 80 REG. HRS 623.29
202064 (L) RUSSELL R MARRON 80 REG. HRS 499.17
202065 (L) ROBERT F NASH 6 REG. HRS 26.55
202066 (L) CHRISTOPHE SCHMID 48 REG. HRS 177 .46
202067 (L) DONALD THARALSON 22 REG. HRS 113.27
202068 (L) JEFFREY T DEWITT 38 REG. HRS 144.72
202069 (L) JOHN F THOMPSON 16 REG. HRS 74.00
202070 (L) BOB GUNDERSON 17 REG. HRS 75.39
202071 (L) JOHN F JOSEPHSON 24 REG. HRS 108.36
202072 (L) WILLIAM F JOSEPHSON 80 REG. HRS 567.22
202073 (L) SUSAN M LATTERNER 36 REG. HRS 146.70
202074 (L) DEAN H YOUNG 80 REG. HRS 501. 27
202075 (L) SCOTT B BENNYHOFF 62.50 REG. HRS 270.13
202076 (L) SCOTT M BARTLETT 6 REG. HRS 28.09
202077 (L) DANIEL D HAASKEN 5 REG. HRS 22.17
202078 VOID
TOTAL LIQUOR 2',754.50
TOTAL GENERAL 9,853.91
TOTAL 12,608.41
TOTAL LIQUOR 66,339.77
TOTAL GENERAL 109,298.75
TOTAL 175,638.52
-3-
.
.
MUNICIPAL CERTIFICATION FOR DOCK
LICENSE ZONING APffiOVAL FOR 1988
(year)
Under the terms of Lake Minnetonka Conservation District Ordinance #1,
the following provisions apply:
Section 1.05 The provisions of this ordinance shall not supersede any
municipal ordinance
(e) which establishes zoning provisions regulating land use
adjacent to the Lake which are not in conflict with this
ordinance.
Section 1.06 Nothing in this ordinance is intended to authorize the
use, rent, sale, lease or conveyance of dock space or mooring facilities
in the Lake contrary to municipal zoning laws.
Boulder Bridge Farm Inc.
C 0 Thomas B. W r man 80 S. 78th St.
Name and address
55317
Outlot A of 28124 Boulder Bridge Drive
(Title, description, and location of docks)
I certify that the above dock license applicant has met the zoning
ordinance requirements of Shorewood for the
(Municipality)
property described for 1988 and is entitled to a Lake Minnetonka
(Year)
Conservation District dock and/or mooring area license thereunder for
slips and/or
moorings.
(Authorized Signature)
(Date)
11/79
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MUNICIPAL CERTIFICATION FOR DOCK
LICENSE ZONING APPROVAL FOR 1988
(year)
Under the terms of Lake Minnetonka Conservation District Ordinance #1,
the following provisions apply:
Section 1.05 The provisions of this ordinance shall not supersede any
municipal ordinance
(e) which establishes zoning provisions regulating land use
adjacent to the Lake which are not in conflict with this
ordinance.
Section 1.06 Nothing in this ordinance is intended to authorize the
use, rent, sale, lease or conveyance of dock space or mooring facilities
in the Lake contrary to municipal zoning laws.
Shlorewood Marina and Yacht Club, Inc.
c/o Gerald E. Toberman, Pres., 1460 Interchan e Tower, 600 S. Co.Rd.18, Mple 55426
Name and address of dock applicant
600 West Lake St.
(Title, description, and location of docks)
property described for 1988
(Year)
Conservation District dock and/or mooring area license thereunder for
license applicant
Shorewood
(Municipality)
and is entitled
has met the zoning
for the
I certify that the above dock
ordinance requirements of
to a Lake Minnetonka
slips and/or
moorings.
{Authorized Signature)
(Date)
11/79
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.
MUNICIPAL CERTIFICATION FOR DOCK
LICENSE ZONING APPROVAL FOR 1988
(year)
Under the terms of Lake Minnetonka Conservation District Ordinance #1,
the following provisions apply:
Section 1.05 The provisions of this ordinance shall not supersede any
municipal ordinance
(e) which establishes zoning provisions regulating.land use
adjacent to the Lake which are not in conflict with this
ordinance.
Section 1.06 Nothing in this ordinance is intended to authorize the
use, rent, sale, lease or conveyance of dock space or mooring facilities
in the Lake contrary to municipal zoning laws.
Minnetonka Portable Dredging Co.
E.
Same
(Title, description, and location of docks)
I certify that the above dock license applicant has met the zoning
ordinance requirements of Shorewood for the
(Municipality)
property described for 1988 and is entitled to a Lake Minnetonka
(Year)
Conservation District dock and/or mooring area license thereunder for
slips and/or
moorings.
(Authorized Signature)
(Date)
11/79
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.
.
MUNICIPAL CERTIFICATION FOR DOCK
LICENSE ZONING APPROVAL FOR 1988
(year)
Under the terms of Lake Minnetonka Conservation District Ordinance #1,
the following provisions apply:
Section 1.05 The provisions of this ordinance shall not supersede any
municipal ordinance
(e) which establishes zoning provisions regulating land use
adjacent to the Lake which are not in conflict with this
ordinance.
Section 1.06 Nothing in this ordinance is intended to authorize the
use, rent, sale, lease or conveyance of dock space or mooring facilities
in the Lake contrary to municipal zoning laws.
Adeline D. Johnston, 5465 Rowards Point Road, Shorewood, MN 55331
(Name and address of dock applicant)
Same
(Title, description, and location of docks)
I certify that the above dock license applicant
ordinance requirements of Shorewood
(Municipality)
property described for 1988 and is entitled
. (Year)
Conservation District dock and/or mooring area
has met the zoning
for the
to a Lake Minnetonka
license thereunder for
slips and/or
moorings.
(Authorized Signature)
(Date)
11/79
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MUNICIPAL CERTIFICATION FOR DOCK
LICENSE ZONING APffiOVAL FOR 1988
(year)
Under the terms of Lake Minnetonka Conservation District Ordinance #1,
the following provisions apply:
Section 1.05 The provisions of this ordinance shall not supersede any
municipal ordinance
(e) which establishes zoning provisions regulating land use
adjacent to the Lake which are not in conflict with this
ordinance.
Section 1.06 Nothing in this ordinance is intended to authorize the
use, rent, sale, lease or conveyance of dock space or mooring facilities
in the Lake contrary to municipal zoning laws.
Upper Minnetonka Yacht Club
c/o Jim Jurgens, P. O. Box 358, Excelsior, MN 55331
(Name and address of dock applicant)
Lots 1 & 2, Block 4, Auditors Subdivision 354, Enchanted Park
(Title, description, and location of docks)
I certify that the above dock license applicant
ordinance requirements of Shorewood
(Municipali ty )
property described for 1988 and is entitled
(Year)
Conservation District dock and/or mooring area
has met the zoning
for the
to a Lake Minnetonka
license thereunder for
slips and/or
moorings.
(Authorized Signature)
(Date)
11/79
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MUNICIPAL CERTIFICATION FOR DOCK
LICENSE ZONING APffiOVAL FOR 1988
(year)
Under the terms of Lake Minnetonka Conservation District Ordinance #1,
the following provisions apply:
Section 1.05 The provisions of this ordinance shall not supersede any
municipal ordinance
(e) which establishes zoning provisions regulating land use
adjacent to the Lake which are not in conflict with this
ordinance.
Section 1.06 Nothing in this ordinance is intended to authorize the
use, rent, sale, lease or conveyance of dock space or mooring facilities
in the Lake contrary to municipal zoning laws.
Howard's Point Marina, Inc.
5400 Howards Point Road, Shorewood, MN 55331 (Richard Baker. Pres)
(Name and address of dock applicant)
Same
(Title, description, and location of docks)
I certify that the above dock license applicant
ordinance requirements of Shorewood
(Municipality)
property described for 1988 and is entitled
(Year)
Conservation District dock and/or mooring area
has met the zoning
for the
to a Lake Minnetonka
license thereunder for
slips and/or
moorings.
(Authorized Signature)
(Date)
11/79
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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
MEMO TO: Mayor and City Council
FROM: Dan Vagt ~
DATE: April 28, 1988
SUBJECT: Petition for Street Light - Wiltsey Lane/Pleasant Avenue
Attached to this memo you will find a petition for a street light to
be placed at the intersection of Pleasant Avenue and Wiltsey Lane.
Also attached is a site location map.
Residents in the area have either signed the petition or are being
informed of the proposal by this memo.
NSP has indicated that no additional costs will be charged to the City
for this installation.
Based upon the above information, it is recommended that the proposed
street light be approved by the City Council.
Please contact me prior to the May 9 meeting if you have any questions.
slq
cc: Tracy Christian
Manuel Camilon, Jr.
F.P. McMahon
Attachments
A Residential Community on Lake Minnetonka's South Shore
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CITY OF
SHOREWOOD
MAYOR
Robert Rascop
COUNCIL
Jan Haugen
Kristi Stover
Robert Gagne
Barb Brancel
ADMINISTRATOR
Daniel J. Vogt
5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 . (612) 474-3236
MEMO TO: Mayor and Councilmembers
FROM: Dan Vogt
DATE: May 2, 1988
SUBJECT: Employee Relationship Policy Revision
In reviewing the City's employee relationship, it has been found that
a small change is needed. I have attached a copy of page 25 from the
Policy which deals with termination notices. You will find a line
drawn through the existing language and the proposed language written
in. From a management standpoint, an employee termination notice of
five (5) working days does not afford the City with sufficient time to
find a replacement. Also, the two week (10 working days) notice is
more of a standard termination notice period. This provision has not
been a problem in the past but may create problems in the future. The
change is therefore recommended.
This item is considered a "housekeeping" matter and is therefore
recommended.
Please contact me if you have any questions regarding this matter.
slq
Attachment
A Residential Community on Lake Minnetonka's South Shore
se-
.
.
section 20. TERMINATION
.
Subdivision 1. General Statement
The City intends to provide continuous employment for all its em-
ployees through proper planning and utilization of its resources.
However, situations may arise, beyond the control of the City which
.
cause term~~ations. The City recognizes three types of terminations.
They are VOLUNTARY, INVOLUNTARY A AND INVOLUNTARY B and are defined
further in the following sections.
An employee leaving the City is expected to turn his/her identi-
fication badge and card, tools, shop coats, keys, books, and other
City equipment no later than the last day of work. The employee
is expected to go through an exit interview with the Personnel
Department on his/her last day of work. This interview is impor-
tant for both the City and the employee. Through this interview,
information may be provided which can lead to the causes of turn-
over, absenteeism, poor communication, etc. Oftentimes problems
are discovered which appear non-existent previously. It can be
an effective means for gaining insight into potential personnel
problems.
Subdivision 2. Voluntary Termination
A voluntary termination is defined as one in which an employee, by
his/her own choice, terminates his/her employment in good standing.
When voluntarily terminating, an employee is expected to give ample
notice, (14) working days for salaried employees and five (5~/.EN~~
working days for hourly paid employees. An employee who quits for
a good reason, and past performance is at least satisfactory, would
normally be considered eligible for rehire. The Supervisor is
reminded that oftentimes future turnover can be prevented if the
real reason for the employee's leaving is known and understood.
An alert Supervisor, who is aware of such reasons, will inform Per-
sonnel of them prior to the exit interview.
Subdivision 3. Involuntary Termination A
An involuntary termination type A is defined as one in which an employ
ee is terminated for a variety of reasons, such as poor performance,
misconduct, falsification of employment qualifications, etc.
~r
,.
.
.
RESOLUrICN NJ.
A RESOLUrICN AOCEPl'ING SANITARY SEWER, WATERVl'\IN, AND
S'lORVl SEWER IMPOOVH\1ENTS IN 'mE PLAT OF
WATERFORD 2ND AIDITICN
WHEREAS, on , 1987, the Ci ty entered into an
Agreement with Trivesco for the development of the plat known as Waterford
2nd Addition; and
WHEREAS, Paragraph 2 of said Agreement provided for the Developer
to construct and install certain enumerated improvements, which
improvements included sanitary sewer, watennain and stOlID sewer; and
WHEREAS, Paragraph 10 of said Agreement provided for such
improvements to be subject to a final inspection by the City Engineer; and
WHEREAS, the Developer has coopleted construction and
installation of the sanitary sewer, watennain, and stOlID sewer
improvements in the plat, and all such improvements have been inspected by
the City Engineer and found to be in coopliance with the applicable plans
and specifications; and
WHEREAS, the Developer is desirous of conveying said improvements
to the City and the City is desirous of accepting said improvements from
the Developer.
NJ\1, lHEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
That the City hereby accepts from the Developer the following
improvements in the plat of Waterford 2nd Addition:
Sanitary Sewer
Watennain
StOlID Sewer.
.A1X)PfED BY 'mE CITY CXXN::IL of the Ci ty of Shorewood this
, 1988.
day of
Robert Rascop, Mayor
ATrEST:
Sandra L. Kennelly, City Clerk
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.
2 8 !'I88 QS~
Orr
Schelen
Mayeron &
Associates,lnc.
2021 East Hennepin Avenue
Minneapolis, MN 55413
612.331.8660
FAX 3313806
.
/,111\
April 27, 1988
Engineers
Surveyors
Planners
City of Shorewood
5755 Country Club Road
Shorewood, MN 55331
Attn: Mr. Dan Vogt
Administrator
Re: Waterford 2nd Addition
OSM Commission No. 1744.62
Dear Dan:
On behalf of Trivesco, Schoell & Madson, Inc., the engineer for I~aterford 2nd
Addition, has requested the City take over the ownership, operation and
maintenance of the utilities in the 2nd Addition. The utilities consist of the
sanitary sewer, watermain, and stormwater drainage facilities. A copy of their
1 etter of request is attached. They are not requesting the streets be taken
over at this time.
We have been working with Schoell & Madson, Inc. since this 2nd phase began. As
noted in their April 22, 1988 letter, there was one remaining punch list item
that was recently taken care of. Three of the gate valves on the hydrant leads
were in the concrete gutter section. A compromise on their dispostion was
achieved with an extended warranty period.
Based on our continued involvement and the resolution of the last punch list
items, 'tJe feel the utilities have been satisfactorily installed and recommend
the City take them over. I n conjunction with the takeover, the contractor /
developer should supply a one year maintenance warranty bond.
If you have any questions, please call
Respectfully,
ORR-SCHELEN-MAYERON
& ASSOCIATES, INC.
a:: N~O~~
City Engineer
JPN:klm
Enclosure
cc: Mr. Phil Tipka/Resident Inspector
Mr. Glenn Froberg/City Attorney
Mr. Kenneth Adolf/Project Engineer
Mr. Randy Travalia/Mason Homes
.
.
ENGINEERS · SURVEYORS · PLANNERS
SOIL TESTING
RECEIVED-
ORR-SCIiHHlf:',! <.!0:..... ASSOC.
t .~-- ,~"-~,
-..
SCHOELL & MADSON, INC.
cr'.~,'M.. fA
[612] 546-7601 · 10550 WAYZATA BLVD, · MINNETDNKA, MN 55343-54B2
APR 2 5 1988
Apri 1 22, 1988
Mr. Jim Norton, P.E.
Orr-Schelen-Mayeron & Associates Inc.
2021 East Hennepin
Minneapolis, MN 55413
Subject: City of Shorewood
Waterford 2nd Addition
Utility & Street Construction
Dear Jim:
The covers for the three gate valves on hydrant leads with valve boxes in
the gutter have been sealed by Widmer, Inc. as discussed and agreed to at our
April 4, 1988 meeting at Shorewood. Widmer, Inc., in their attached April 7,
1988 letter, is providing a five year warranty, also as agreed.
All items on the punch list dated October 29, 1987 have now been
completed.
On behalf of the Developer, we are requesting that the City of Shorewood
accept the sanitary sewer, watermain and drainage facilities for ownership and
maintenance. A request for acceptance of the streets will be made upon
completion of the wearing course construction.
Please contact us if there are any problems with the City's acceptance.
Very truly yours
SCHOEll & MADSON, INC.
~C~".lV- t?~
Kenneth Adolf
KEA/cj
encl.
AFFlRMA TlVE ACTION . EQUAL OPPQFITUNITY EMPLOYER
.
.
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9He..
P.O. BOX 219
ST, BONIFACIUS, MN 55375
(612) 446-1495
April 7, 1988
Mr. Jim Norton
Orr-Schelen-Mayeron & Associates Inc.
2021 Hennepin Ave. E.
Minneapolis, MN 55413
RE: Waterford 2nd Addition
Gate valves in curb
Dear Jim;
As per our discussion this morning, I will guarantee that sealing the
covers on the gate valves will keep the water and dirt out for a period
of 5 years. Hopefully this will get us all out of a very embarrassing situation.
Thank you.
Sincerely,
~ /'4
A!~~~7e---
G.H. Widmer
..
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cc: Ken Adolph
Schoell & Madson
MEMORANDUM
TO:
FROM:
DATE:
RE:
.
.
MAYOR
Robert Rascop
COUNCI L
Jan Haugen
Kristi Stover
Robert Gagne
Barb Brancel
CITY OF
SHOREWOOD
ADMINISTRATOR
Daniel J. Vogt
5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 . (612) 474-3236
PLANNING COMMISSION, MAYOR AND CITY COUNCIL
BRAD NIELSEN
27 APRIL 1988
MONTEN, BERT - SETBACK VARIANCE
FILE NO. 405 (88.12)
BACKGROUND
Mr. Bert Monten was granted a remodeling permit in 1984 for his home at
5045 Shady Island Road (see Site Location map - Exhibit A, attached).
The permit allowed him to raise an existing structure, rebuild the
foundation and remodel the interior, all within the confines of the
original building "footprint". Since then, without a building permit,
he has added a two car garage, with living space above, to the north
side of the house. A recent survey (Exhibit B) revealed that the
addition is only eight feet from the lot line. In order to get the
certificate of occupancy necessary for refinancing, Mr. Monten has now
requested a two-foot setback variance (see Applicant's request letter -
Exhibit C).
Building plans for the addition are shown on Exhibits D through H. The
garage contains approximately 967 square feet of floor area and the
upper living area contains 884 square feet of floor area.
Mr. Monten cites discrepencies in survey stakes as the primary reason
for his dilema (see Exhibit I).
ANALYSIS/RECOMMENDATION
This request is a very difficult one on which to make a
recommendation. If it were proposed as new construction, a variance
clearly would not be justified. This situation is extremely
unfortunate since the addition has been tastefully done and obviously
improves the structure. While there may be some justification on the
basis of the survey discrepency, this may have been avoided had a
building permit been obtained.
A Residential Community on Lake Minnetonka's South Shore
7
.
.
27 April 1988
Page Two
The applicant's error in judgement has not been without expense to
him. The permit fee for the building permit will be nearly $500.00
higher than if the permit had been obtained prior to construction.
Also, walls have had to be opened up and redone for purposes of
inspection. An engineering analysis of the structure, as built, has
also been required.
Assuming that tearing off two feet from the east side of the addition
may be too harsh, it is recommended that, at minimum, a twenty-two
foot setback on the west side of the property be observed for future
additions. Also any further additions should maintain at least 10
feet on the east side.
The City may also wish to consider having the applicant provide some
additional landscaping on the east side of the house. If this is
required, a professionally prepared landscape plan should be reviewed
by the Council.
cc: Dan Vogt
Glenn Froberg
Jim Norton
Bert Monten
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variance
w.o. 23-88
. Survey For: !1R. BURT. MONT~~
18unde :LoAd 8ur"eyina _n.:.
- 9001 E. Bloomington Frwy. (35W) Surveyor's Certificate
Bloomington, MN 55420
(612) 881-2455
285/12
"
PROPERTY DESCRIPTION
Lot 31, SHADY ISLAND LAKE MINNETONKA, according
to the recorded plat thereof, Hennepin County, Minne-
sota.
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~/e hereby cert i fy that thi s is a true and correct
representa.tion of a survey of the boundaries of the
land above described and of the location of all
buildings, if any, from or on said land.
Dated this 22nd day of February ,1988
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SUNDE LAND. SURVEYING, INC.
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Edward H. Sunde, R.L.S.
.oIl:l
Reg. No. 8612
Note: The difference in elevation between the
basement floor and the ice on the lake
is 18.4 feet as of February 11, 1988.
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Exhibit B
PROPERTY SURVEY
.
.
5045 Shady Island Road
Mound, MN 55364
April 4, 1988
City of Shorewood
Planning Committee
I remodeled my house on Lot 31, Shady Island Road in 1984. At the time of
construction a permit was secured from the City without any survey requirements.
A plot plan was used in place of the survey and the property lines on the west
side of said lot 31 were established by a survey from the lot OWner of Lot #32.
I carefully laid out my house on the lot to conform to the 10 ft. setback
requirement that I was informed of. Recently I have had to refinance the
property and the Lender required Certificate of a Survey (copy attached). This
survey proves that my property line on the west side actually was 2 ft. (j)
further west than I had anticipated and my neighbors survey stated. My survey
affected a 2 ft. realignment on the east side bringing the said setback on the
east side to 8 ft. Since the start of my construction there have been no
problems with my neighbors and I believe the house has been nothing less than a
great improvement to Shady Island and I have been told so many times by the
residents on Shady Island.
The work done on my house was an addition and the placement of the original
house made my design quite intricate. I was very considerate of what I thought
was my lot lines. I believe that the letter from my surveyor explains the
problems in the original layout of Shady Island and various overlap problems
that home owners are not aware of.
A further problem with the lot is the fact that there is a shared driveway that
must be maintained between lot #31 & 32 causing further design problems.
I am not happy with the fact that my house does not comply, but I think my
explanation of circumstances beyond my control are the cause for my variance
request.
Sincerely, ~
c&tI (Wll~~
Bert R. Monten
/bb
Exhibit C
APPLICANT'S REQUEST LETTER
Dated 4 April 1988
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OFFICI! DIVISION
EDWARD H. SUNDE. R.L.S.. PRESIDENT
JOHN K. BARNES. R.L.S.. VICE PRES.
SCOTT J. SOUKUP. R.L.S.
SHIRLEY M GARRETT. EXEC SEC.
DAN J. FISCHER. L S.I.T.
DIANE S. VAN WEELE. L.S.I.T
JEAN A. ZEH
KEN J. LESCHISIN
SHARON A. MORGAN
STUART RING
MIKE BRANDVOLD
STEVE J. RYAN. L S.I.T.
9001 E. Bloomington Freeway
Bloomington, MN 55420
(612) 881.2455
March 31, 1988
FIELD DIVISION
MARK S. HANSON. R.L.S.. VICE PRES
JOE W SAWCHUK. L.S.I.T.
ERNIE E. BUFF IE. L.S.I.T.
GERALD J. MOLOSKY. JR.
JEFF C. BUFFIE
LARRY L. ALMAN
TOM P. RISDALL. L.S.I.T.
.NGINEERING DIVISION
GERALD M. SUNDE. P.E.. ASSOCIATE
PAUL T. SWENSON. ENGINEER
KIRSTEN A. PAULY, GEOLOGIST
OR. GORDON R.'HESS. GEOLOGIST
R. LANCE LITTLE. GEOLOGIST
MR. BURT R. MONTEN
5045 Shady Island Road
Mound, Minnesota 55364
Re: 88-012 (Survey of Lot 31 - Shady Island Lake - Minnetonka, Mn.)
Dear Burt:
During the course of the last two weeks, our crew was again sent to said Lot 31
to obtain further i nformat i on based on notes recei ved from C. E. Cou 1 ter from a
survey which they performed on the adjacent Lot 32 in 1974.
During the course of the work they discovered that there exists two separate sets
of monuments in the area. After revi ewi ng and meeting with represent at i ves from
C. E. Coulter, we have determined the west line of said Lot 31 has two possible
positions per monumentation in the area, thus causing an overlap problem.
We have thoroughly reviewed both surveys and have had several conversations with
representatives from C. E. Coulter concerning this matter. We feel there is justifi-
cation for two possible positions for the west line of said Lot 31:
1.) One was monumented in 1974 by C. E. Coulter and
2.) one was monumented by Sunde Land Surveying, Inc. during February
1988.
.
As the original plat of Shady Island lake, Minnetonka was platted many years ago,
it is very difficult to ascertain the positionof the original monuments as placed
in the original survey. The means by which this land was surveyed originally leaves
many questions as very few irons were most likely placed at the actual lot corners
and at only certain control points. Thus, means by which this lot can be surveyed
are extremely difficult due to problems in resurrecting the original lot lines.
It is apparent that there has been a considerable amount of uncertainty in recent
years with respect to the acceptance of ori gi na 1 monuments in the fi e 1 d. As land
surveyors, we can only be fact finders in boundary problems of this na~
the surveys were performed by C. E. Coulter and Sunde land Surveying, Inc.~~ have
overlap problems due to monumentation, we would suggest you meet with your neighbor
and come to an agreement as to the position of the line. Requesting the court system
judicate the boundary between your two properties with judicial landmarks seems
to be the only course left to follow in problems of this nature.
, "
~~\I
Exhibit 1-1
SURVEYOR · S LETTER
Dated 31 March 198P
.
MEMORANDUM
.
.
MA YOR
Robert Rascop
COUNCI L
Jan Haugen
K risti Stover
Robert Gagne
. Barb Brancel
ADMINISTRATOR
Daniel J. Vogt
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 . (612) 474-3236
TO: PLANNING COMMISSION. MAYOR AND CITY COUNCIL
FROM: BRAD NIELSEN
DATE: 28 APRIL 1988
RE: EXCELSIOR FARM AND GARDEN - COMPREHENSIVE PLAN AMENDMENT
FILE NO.: 405 (88.15)
BACKGROUND
In November of 1986 Ken Strausser. representing Excelsior Farm and Garden
Store. Inc.. appeared before the Planning Commission and City Council with a
preapplication for a Comprehensive Plan amendment which would allow them to
locate their store at 6020 Chaska Road (see Site Location map - Exhibit A.
attached). The minutes from those meetings are attached as Exhibits Band C.
Although the proposal received a somewhat cool reception from the Planning
Commission. there were at least two Council members who thought it may have
merit. Mr. Strausser has now decided to pursue a formal application to amend
the Comprehensive Plan.
Background on the request is provided in a staff report. dated 7 November
1986. This report (copied in green) is enclosed for your review.
ANALYSIS/RECOMMENDATION
The issues raised in the previous report must still be addressed. It is
important to realize that the Plan amendment and subsequent rezoning would do
more than just allow the Excelsior Farm and Garden Store to locate there. If
that use were discontinued in the future. there is a long list of other
commercial uses which would be allowed within the C-3 district (see Section
1201.22 of the Shorewood City Code). In making the decision. it must be
determined that the site is appropriate for any of those activities listed.
A Residential Community on Lake Minnetonka's South Shore
g
.
.
Re: Excelsior Farm and Garden
Comprehsive Plan Amendment
28 April 1988
If that determination is made it is strongly recommended that the rezoning to
C-3 also include the office property north of the subject property. This
would eliminate the "leapfrog" effect and constitute less of a spot zoning.
From the applicant's site sketch (Exhibit E) it appears that the existing
buildings will not conform to the 50 foot setback required between commercial
and residential sites.
It is interesting to note that the applicant has obtained a petition of
neighboring residents stating that they do not object to the proposal (see
Exhibit F). They have been advised that a public hearing will be held on
3 May.
BJN:ph
cc: Dan Vogt
Glenn Froberg
Jim Norton
Kenneth Strausser
- 2 -
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Exhibit A
SITE LOCATION
Excelsior Farm and Garden -
Comprehensive Plan Amendment
'1 I'---
Minutes
Planning
Tuesday,
Commission Meet~
November 18, 1986
.
PREAPPLICATION FOR AMENDMENT TO THE COMPREHENSIVE PLAN
Kenneth Strausser for Excelsior Farm and Garden - 6020 Chaska Road
Mr. Ken Strausser, representing Excelsior Farm and Garden was present to request
feedback and direction to his proposal of a Comprehensive Plan amendment. An amendment
would allow him to request rezoning the property at 6020 Chaska Road from R-2A
(residential) to C-3 General Commercial. He would then relocate the Excelsior Farm
and Garden business to the Chaska Road site. He said the site was chosen because
of the exposure to Highway 7 traffic.
Benson said he is opposed to more commercial use in that area.
Watten felt it would be excessive to have that much more traffic on Chaska Road.
He also doesn't want to see Highway 7 become a "strip".
Spellman felt this would be going against the Comprehensive Plan.
Leslie concurred.
Commissioners discussed alternative locations such as the shopping center.
Mr. Strausser said that would cause loading problems for customers.
Ed Yaeger, real estate representative, said this property has been on the market as
a residential use several times with no buyers.
MATTERS FROM THE FLOOR
None.
REPORTS
Council Liaison Stover explained that the Shorewood Pins could be obtained for a $2.00
donation with all proceeds going to the Park Fund. She handed a pin to each
Commission member to wear for promotional purposes.
She reported that three new Ordinances were being reviewed by the Council.
ADJOURNMENT
Leslie moved, seconded by Benson to adjourn the meeting at 10:58 P.M. Motion
carried unanimously.
Respectfully submitted,
Patti Helgesen
Planning Assistant
- 8 -
Exhibit B
PLANNING COMMISSION MINUTES
Dated 18 November 1986
COUNCIL M1NU'l'J:::1:i
M,ONDA Y, DECEMBI8, 1986
page four
.
CORRIDOR STUDY DISCUSSION - cont.
The City questioned service roads that are proposed through areas
of great elevation changes, and will not support these proposals.
Bruce Benson of 5820 Christmas Lake Road submitted a letter and
petition signed by 100% of the r-esidents on Christmas Lake Road
and Christmas Lane, requesting the culdesacing of these roads. The
land needed for the culdesac has been donated by Rodney Peterson.
The area residents are even willing to pay for the improvement.
$250,000 has been allocated for improvements to the Christmas Lake
intersection. The residents would like the city to approve the
culdesac prior to the improvements on the Christmas Lake Road and
Highway 7 improvements.
COUNCIL BREAK - 9:23 to 9:32
owner 01: 't.ne ::SK1ppere't.'t.e, spOKe l.n OppOSl.t:l.on 01: a n~w l.Ut:.~Ll:)~l,;l.~Ull.
They feel the intersection will cause additional accidents, addi-
tional traffic through Shady Hills, and will reduce business for
the commercial area. Andrew Schmidt of Video Update feels there
would be no decrease in business traffic with the new intersection
and new access road. He feels a safer intersection and good service
road will create additional business traffic.
City recommendations are to be to the Metropolitan Council by
1/31/87, Metropolitan Council will then review and submit their
response to MnDOT. Council will act on a recommendation for Met
Council at the 2nd meeting in January.
COUNCIL BREAK - 10:25 to 10:20
EXCELSIOR FARM & GARDEN STORE - PRELIMINARY APPLICATION FOR COMP
PLAN AMENDMENT
Mr. Dick Mattila of 6020 Chaska Road, and his Attorney Leroy Hauglun
asked the Council to consider a request to rezone his property to C-3
(Commercial) to allow the relocation of the Excelsior Farm and Garden
Store. Mr. Mattila's realtor, Ed Yaeger, indicated that the pro-
perty was for sale for 6 months and did not sell as a residential
site. They feel because of the R-C use next door and Highway 7
traffic, that this is not a" good residential site. The current
zoning is R-2. This request would require rezoning and a comp
plan amendment. Mr. Mattila felt he could get a petition from
neighbors to support his request.
Stover felt the R-C was a good buffer between commercial and
residential, but the request is not allowed in the R-C zone.
Gagne felt this location was a poor location for residential.
Shaw felt this request could be a reasonable use. Council in-
dicated that he could return to the Council with a formal ap-
plication for rezoning accompanied by a petition from the neighbors.
WILD DUCK 2ND ADDITION - OUTLOT A DISCUSSION
Jim Dutcher asked the Council what can be done to his Outlot A
at the end of Wedgewood Road. He reviewed the history of his 2
family development in that area. Haugen referred to a document
that prohibited any structures, topography changes or use for
parking. This document was not filed with the subdivision as
agreed upon when the 2-family density was allowe Exhibit C
w111 support this easement even though it was n CITY COUNCIL MINUTES
. Dated 8 December 1986
Dutcher has been asked by Tonka Bay for a port1
perty to use as additional park land. The Coun
.
.
City of Shorewood
5755 Country Club Road
Shorewood, MN 55331
April 5, 1988
We respectfully submit this request to the City of Shorewood:
The rezoning of the within specified piece of land currently owned by
Donald Buchsbaum under contract from Richard Mattila and zoned R2-A to be
upgraded to the zone classification C-3.
The current owner and the Excelsior Farm & Garden are making this
request because we feel the land in question would be better suited to the
new zoning. Currently zoned for residential, the land is bordered on two
sides by roads (Hwy. 7 and Chaska Road), and the third side by an office
building, and on the fourth side by a well-timbered residential lot (owner
of which is supportive of this request). The land in question is virtually
void of trees and does not offer the residence any sound or visual privacy
buffering from the heavy traffic on Hwy. 7. This seriously diminishes the
value and desirability of this lot for a home. Subsequently, we feel the
land, because of its exposure, would be good for retail use. The rezoning
of the property would allow the Excelsior Farm & Garden Store, which has
been of service to this area for over forty years, to remain and serve the
area. Our floral display, gardens, and landscaping would greatly improve
the appearance of this open parcel of land. The Excelsior Farm and Garden
Store would greatly appreciate the opportunity to combine forty years of
service to the area with the City of Shorewood's business community. We
feel on the rezoned property, we and the City of Shorewood could both grow
and prosper long into the future.
Respectfully submitted for the Excelsior Farm and Garden Store, Inc.
fi..~~1
Mana Exhibit D-1
APPLICANT'S REQUEST LETTER
Dated 5 April 1988
~~
.
.
The existing zoning classification on this property is R2-A. It is
currently being used as a residence and recently as a truck and auto repair.
Other properties and classifications are shown on zoning maps included.
The traffic to and from this parcel of land would be primarily from
Highway 7. The office complex is the only building between the parcel in
question and Highway 7.
Since the current owner works on cars and trucks, the amount of traffic
currently generated by him is unknown. We project an increase in the number
of vehicles compared to current usage.
The entrance to the property is approximately 600 feet off Highway 7
and passes only the office building. Therefore, we feel that the increase
of traffic flow on this short stretch would not adversely affect anyone.
Exhibit D-2
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Exhibit E
SITE SKETCH
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December 11, 1986
PETITION FOR RE-ZONING PROPERTY OWNED BY pOr'\o.td J".
Cvc-hshau&^ , 6020 CHASKA RD., SHOREWOOD, MN. 55JJ1.
THE ABOVE PROPERTY AND ITS USE PERTAINS TO THE
EXCELSIOR FARM & GARDEN STORE, EXCELSIOR, MN., LOCATING
THEIR BUSINESS AT THIS LOCATION.
THE ZONING REQUESTED IS C-J.
"I/WE DO NOT HAVE ANY OBJECTIONS TO ABOVE PROPOSAL."
NAME
ADDRESS
PHONE NUMBER
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Exhibit F
RESIDENT PETITION
Dated 11 December 1986
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PETITION RE-ZONING OF PROPER1Y LOCATED AT 6020 CHASKA RD.,
OWNED Bypenatcl J". .th..~~~b..,,"
NAME ADDRESS
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PETITION RE-ZONING OF PROPERTY LOCATED AT 6020 CHASKA RD..
_OrlNED BY DOOCL1d :r 8",~bQu."""
ADDRESS
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.
MAYOR
Robert Rascop
COUNCIL
Jan Haugen
Tad Shaw
Kristi Stover
Robert Gagne
ADMINISTRATOR
Daniel J, Vogt
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA ~5331 . (612) 474-3236
MEMORANDUM
TO: PLANNING COMMISSION, MAYOR AND CITY COUNCIL
FROM: BRAD NIESLEN
DATE: 7 NOVEMBER 1986
RE: EXCELSIOR FARM AND GARDEN - PROPOSED COMPREHENSIVE PLAN AMENDMENT
FILE NO.: 405 (86.55)
BACKGROUND
Mr. Kenneth Strausser, representing Excelsior Farm and Garden Store, Inc., has
requested that the City amend the Comprehensive Plan in order for him to relocate
his existing business from downtown Excelsior to 6020 Chaska Road in Shorewood
(see Site Location map - Exhibit A, attached). If he is successful at getting the
Comprehensive Plan amended, he would ultimately request a rezoning of the site
from R-2A, Single and Two-family Residential to C-3, General Commercial.
The property in question contains approximately 71,588 square feet in area and is
occupied by a single-family home. According to the applicant it is also being used
for truck and auto repair (nonconforming use in the R-2A District). Land use and
zoning surrounding the site are as follows:
North:
East:
South:
West:
office building, zoned R-c
Chaska Road, then single-family residential, zoned R-1C
single-family residential, zoned R-2A
State Highway 7
PROCEDURE
As you are aware, amending the Comprehensive plan is a two step process.
Mr. Strausser has submitted plans for the preapplicationstage of the review
process. This allows him to present his ideas to the Planning Commission and
City Council on an informal basis. Hopefully, he then gets some direction as to
the general acceptability of his request. If he is confident that his proposal
has some chance of success, he can then submit a formal application.
A Residential Community on Lake Minnetonka's South Shore
.
.
Re: Excelsior Farm & Garden
Compo Plan Amendment
7 November 1986
In preparation for the informal discussion scheduled for 18 November, it is suggested
that the Planning Commission and Council review the area plan for Planning District 11,
on page 118 of the Comprehensive Plan. Also, the policy sections fo;r: residential
and commercial development should be reviewed.
From a planning perspective there appear to be two primary issues which need to
be considered in the review of this request - land use/zoning and traffic. As
you may recall, the property north of this site was zoned R-C to create a transition
between Highway 7 and the residential area to the south. The R~C zoning district
was originally intended for this type of transition. To "leapfrog" the transitional
district with a higher intensity zone would typically be considered "uncoordinated
spot zoning".
.
A second major concern is the increased traffic which will be generated by the
propo~ed commercial development on Chaska Road, particularly since there is no
semaphore to control the intersection at Highway 7.
As a final note, many of you will recall that an earlier draft of the Comprehensive
Plan had shown the area between Chaska Road tne Highway 7 as being suitable for
medium density residential. In the final draft of the Plan this was changed to
low density residential (1-2 units/acre). To now switch to commercial development
would represent a change in direction for that area.
BJN:ph
cc: Dan Vogt
Glenn Froberg
Jim Norton
Kenneth Strausser
.
. City of Shorewood
5755 Country Club Road
Shorewood, MN. 55JJl
.
October 21, 1986
We respectfully submit this request to the City of
Shorewoodl
The rezoning of the within specified piece of land
currently owned by Richard Mattila and zoned R2-A to.be
upgraded to the zone classification J-C~
The current owner and the Excelsior Farm & Garden
are making this reqQst because we feel the land in question
would be better suited to the new zoning. Currently zoned
for residential, the land is bordered on two sides by roads
Hwy 7 & Chaska Road), and a third by an office building, and
on the fourth side by a well-timbered residential lot (owner
of which is supportive of this request). The land in guestion
is virtually void of trees and does not offer the residence
and sound or visual privacy buffering for the heavy traffic
on Highway 7. This seriously diminishes the value and
desirability of this lot for a home. Subsequently, we feel
the land, because of it's exposure, would be good for retail
use. The rezoning of the property would allow the Excelsior
Farm & Garden Store, which has been of service to this area
for over forty years, to remain and serve the area. Our
floral display, gardens, and landscaping would greatly improve
the appearance of this open parcel of land. The Excelsior
Farm and Garden Store would greatly appreciate the opportunity
to combine forty years of service to the area with the City
of Shorewood's business community. We feel on the rezoned
property, we and the city of Shorewood could both grow and
prosper long into the future.
Respectfully submitted for the Excelsior Farm and Garden
Store, Inc.
~:=G'
Manage r
Strausser
Exhibit B-1
APPLICANT'S REQUEST LETTER
.
.
The existing zoning classifica~ion on this property
is R2-A. It is currently being used as a residence and a
truck and auto repair. other properties and classifications
are shown on zoning maps included.
The traffic to and from this parcel of land would be
primarily from Highway 7. The office complex is the only
building between the parcel in question and Highway 7.
Since the current owner works on cars and trucks, the
,
amount of traffic currently generated by him is unknown. We
project an increase in the number of vechicles compared to
current usage.
The entrence to the property is approximately 600 feet
off Highway 7 and passes only the office building. Therefore,
we feel that the increase of traffic flow on this short strech
would not adversely affect anyone.
Exhibit B-2
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PROPOSED SITE SKETCH
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April 28, 1988
DEAR RESIDENTS OF CHASKA ROAD:
We want to inform you of a proposal before the Shorewood Planning Commission on
May 3, 1988, at 7:45 p.m. The purpose of this hearing is to consider a request
by Excelsior Farm & Garden Store, Inc., to amend the Comprehensive Plan by
changing the land use designation at 6020 Chaska Road from residential to
cQllVnerc i a 1 .
We are opposed to the rezoning for a number of reasons:
1. The rezoning from residential to C-3 would hopscotch over the lot at 6000
Chaska Road, which was changed in the spring of 1983 to R/C so an office
building could be built. The change to R/C was to act as a buffer between
commercial and the neighborhood.
2. In 1983, when the other rezoning was done, the City Council expressed their
desire that they would not create another Highway 7 "strip", similar to what
has happened at Vine Hill.
3. Increased traffic on Chaska Road. As you all know, the intersection of
Chaska Road and Hwy 7 is a very dangerous intersection. By rezoning to C-3,
the City would allow a retail business on Chaska Road increasing the traffic
load. According to Bud Dixon from the Minnesota Department of Transportation
records for the last three years show:
1985
1986
1987
4 accidents, 3 property damage, and 1 personal injury
7 accidents, 6 property damage, and 1 personal injury
6 accidents, 4 property damage, 1 personal injury, and
one fatal ity
That's an average of an accident every 60 days! What will happen with a
retail business to add to the traffic? Another point to consider is large
truck traffic for delivery purposes. What will this do to our city streets?
4. According to the Minnesota Department of Transportation, the current plan for
Highway 7 is to begin in the fall of 1990 to construct stop lights at County
Road 19, close the median at Chaska and Galpin Lake Roads, and make right turns
only onto and off of Chaska and Galpin Lake Roads. What this means is that to
go westbound on Highway 7 from Chaska or Galpin Lake Roads, you would have to
enter 50 mph traffic, cross the lanes of traffic then make a u-turn. At Galpin
Lake Road, you must do this in approximately 400 feet! Try that in a delivery
truck!
OVER
.
.
5. The final, and we feel, the most important consideration against rezoning to C-3
is to look at the bigger picture of what could happen to land use on Chaska
Road. Once the land is rezoned C-3, just about any business would be allowed
to be there. See attached list of possible businesses in a C-3 zone. Under
C-3 guidelines, we could have a business like a McDonald's that could be open
for business 24 hours a day, all legal under C-3 guidelines.
In closing, we ask you to take a close look at what could be happening in your
neighborhood. If you feel as we do that the office building we have now is
enough commercial business for Chaska Road, please write to:
Shorewood City Council and Planning Commission
City of Shorewood
5755 Country Club Road
Shorewood, MN 55331
If you can personally come to the Planning Commission meeting on Tuesday, May 3,
1988, at 7:45 p.m., your voice can be heard and we can put a stop to this
arbitrary rezoning proposal and keep business in the business district. If you
are unable to personally attend the meeting, please at least call City Hall at
474-3236.
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6015 ~s~a Road
Shorewood, MN
Page 2
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1201.21
.
,
a. I.ot area
b. 1.01 width
1:. Lol depth
d. Sclhacb:
( I) Front yard
(2) Rear yard
0) Side yard
(4) Setback from R
District hound-
ary
Subd. 6. Building Requirements:
.
1201.22
Not less than 20.000 square feel
Not less t hall I ~o kl't
NOI less thall 120 feCI
Not less t ha n ]0 kel
NOI less I han _'0 kel
Nol less than 20 feet 011 cadI side nor
less than ."\0 feel on a side yard
abutting a slreel
Not less than 50 fccl (Additional set-
back not required when adjacent to
a nonresidential use in an R-C
District)
a. Height: No structure shall exceed two (2) 'iwries or twenty five feet
(25'), whichever is least. .
1201.22:
C-3. GENERAL COMMERCIAl. IlISTRICT:
Subd. I. Purpose: The C-3 District is intended 10 provide for the establishmenl
of commercial and service activities which draw from and serve cuslomers
from the entire community or subregion.
Subd. 2. Permitted Uses: The following are permitted uses in a C-3 District:
a. Trade and Services: Retail stores. personal sen ice or business srrviet'
establishments induding the following and other similar uses:
(I) All permitted uses as allowed in a ('-lor ('-2 District.
(2) Amusement places (such as dance halls or roller rinks) and com-
merdal n:creation.
(3) Animal clinics (with no overnight care).
(4) Antique or gift shop.
(5) Art and school supplies.
(6) Bakery goods and baking of goods for retail sales on the
premises.
(7) Bank, savings and loan, savings l'redit unions and other finan-
cial institutions.
(8) Bicycle sales and repair.
1201.22
.
.
1201.22
(9) Books, office supplies or stationery stores.
(10) Bowling alleys.
(11) Camera and photographic supplies.
(12) Candy, ice cream, popcorn, nuts, frozen desserts and soft
drinks.
(13) Carpet, rugs and tile.
(14) Coin and philatelic stores.
(15) Commercial and professional offices.
(16) Copy service, printing service, and newspaper offices.
(17) Delicatessen.
(18) Department and discount stores.
(19) Drugstore.
(20) Dry cleaning including plant accessory heretofore, pressing
and repairing.
(21) Dry good store.
(22) Electrical appliance stores including incidental repair and
assembly but not fabricating or manufacturing.
(23) Employment agencies.
(24) Enclosed boat and marine sales.
(25) Florist shop.
(26) Frozen food store, but not including a locker plant.
(27) Furniture stores.
(28) Garden supply stores.
(29) Gift or novelty stores.
(30) Grocery, fruit or vegetable store, but not including sales from
moveable, motorized vehicles.
(31) Government and public utility buildings.
(32) Grocery, supermarket.
J 201.22
.
.
1201.22
(33) Haberdasheries.
(34) Hardware.
(35) Hobby store.
I
(36) Insurance sales.
(37) Jewelry stores.
(38) Leather goods and luggage stores.
(39) Locksmiths.
HO) Meat market, but not illduding pwcessing for a locker plallt.
(41) Medical and dental offices and dillies.
(42) Paint and wallpaper sales.
(43) Plumbing, television, radio, c1el:trkal sales and such repair
as are accessory use to the retail establishment permitted within this
District.
(44) Public utility col1ection offices.
(45) Real estate sales.
(46) Record - music shops.
(47) Shoe stores and shoe repair.
(48) Tailor shops.
(49) Theatres, not of the outdoor drive-ill type.
(50) Toy stores.
(5 J) Travel bureaus, transportation ticket offices.
(52) Variety stores.
b. Commercial parking garages, ramps and lots for passenger vehicle only,
provided stacking space is provided within the structure or lot for holding
cars awaiting entrance, which stacking space shall have a capadty of no
less than two (2) vehicles.
Subd. 3. Permitted Accessory Uses: The fol1owing are permilleJ accessory uses
in a C-3 District:
a. All permitted accessory l,Ises al10wed in the C -2 District. (Ord. t 80,
5- t 9-86)
1201.22
.
.
1201.23
Subd. 4. Conditional Uses: The following are conditional uses allowed in a C-3
District: (Requires a conditional use permit based on procedures set forth
in and regulated by Section 1201.04 of this Ordinance.)
a. All conditional uses, subject to the same conditions, as allowed in the
C-l and C-2 Districts. (Ord. 191, 11-24-86)
Subd. 5. Lot Requirements and Setbacks: The following minimum requirements
shall be observed in a C-3 District subject to additional requirements, ex-
ceptions and modifications set forth in this Ordinance:
a. Lot area
b. Lot width
c. Lot depth
d. Setbacks:
(I) Front yard
(2) Rear yard
(3) Side yard
(4) Setback from R
District bound-
ary
None
None
None
Not less than 30 feet
Not less than 30 feet
Not less than 15 feet on each side nor
less than 30 feet on a side yard
abutting a public right-of-way
Not less than 50 feet (Additional set-
back not required when adjacent to
a nonresidential use in an R-C
District)
Subd. 6. Building Requirements:
a. Height: No structure shall exceed three (3) stories, or forty feet (40'),
whichever is least.
1201.23:
C-4, COMMERCIAL SERVICE DISTRICT:
Subd. 1. Purpose: The C-4 District is intended to recognize areas containing pre-
existing businesses which provide services primarily for the community
and surrounding area. It is further intended that the location of the C-4
District may take advantage of transportation routes with existing high
traffic volumes, however, activities allowed in the District will not create
additional traffic.
Subd. 2. Permitted Uses: The following uses are permitted, as regulated herein,
without special application requirements or conditions attached:
a. Bakery goods sales and baking of goods for retail sale on the premises.
b. Canvas products sales and repairs.
c. Convenience grocery (without motor fuel facilities).
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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: 29 APRIL 1988
RE: PROPULSION ENTERPRISES - CONDITIONAL USE PERMIT
FILE NO.: 405 (88.11)
BACKGROUND
Mr. Wayne Warnke, representing Propulsion Enterprises, proposes to move his
propeller repair service business from the lower level of the Village Pump
building to Dick Moore's property located at 24470 Smithtown Road (see Site
Location map - Exhibit A, attached). The property is currently occupied by
Mr. Moore's auto sales lot.
Since an outdoor sales business currently requires a conditional use permit,
pursuant to Section 1201.21 Subd. 4.e. of the Shorewood City Code, any change
in use of the property also requires a conditional use permit.
Mr. Warnke proposes to occupy one-half of the 4000 square foot building (see
Exhibit B) located at the rear of the subject site (see Exhibit C). The
property is currently zoned C-3, General Commercial. Surrounding land use
and zoning are as follows:
north - undeveloped; zoned C-3 (proposed Baywood Shops project)
east - American Legion; zoned C-3
south - golf course; zoned R-1A
west - multiple-family residential; zoned C-3
ANALYSIS/RECOMMENDATION
Mr. Moore's business was originally approved in 1984 as an auto sales lot.
It is somewhat unique from other car lots in that it is more of a wholesale
type of business than retail. Mr. Moore res tores old cars and sells them.
Consequently, the use falls somewhere between auto sales and auto repair.
Mr. Moore's business existed prior to adoption of the current zoning
ordinance. As a result, the site does not comply with several requirements
in the ordinance. In order to change the use of the property, several
improvements must be made to bring the property into zoning compliance.
A Residential Community on Lake Minnetonka's South Shore
9
Re: Propulsion
Conditional Use
29 April 1988
Ente~ises
Permit
.
A. C.U.P. Requirements - Outdoor Sales. Following are the requirements of
Section 1201.21 Subd. 4.e.:
1. Outside service and sales area is limited to an area no larger than
the gross floor area of the principal building. The auto sales area
has now been reduced to a 40' x 65' area located between the proposed
parking lot and the existing building. as shown on Exhibit D.
Additional display area is proposed behind the fenced-in enclosure.
The proposed sales area equals the floor area of the principal
building.
2. Outside sales areas must be screened from view of neighboring
residential uses or abutting R districts. There is a staggered row of
spruce trees along the west property line which eventually will become
a very effective screen. Until that growth fills in. the City may
wish to require a 4-5 foot fence along the display area.
3. If any lighting of the site is proposed. the applicant must submit a
lighting plan consistent with Section 1201.03 Subd. 2.i. of the City
Code.
4. Sales areas must be surfaced to control dust. The applicant proposes
to leave the crushed rock which currently exists.
5. Display of vehicles can not take up required parking. The applicant
shows a paved. curbed and striped parking lot at the front of the
site. It is important that he realize that cars for sale can not be
parked in the area designated for parking.
C. C.U.P. - Outdoor Storage. Much of the fenced-in area at the rear of the
site is used for outdoor storage of vehicles used by Mr. Moore in his
auto business. The zoning ordinance requires a C.U.P. for outdoor
storage and limits the area of such storage to the area of the principal
building. The proposed storage area has been shown on the applicant's
site plan. The conditional use permit should specify that outdoor
storage will be confined to the designated area.
The other requirements listed for outdoor storage have already been
addressed as part of the outdoor sales C.U.P.
D. C.U.P. - Auto Repair. Section 1201.21 Subd. 4.c. contains requirements
for auto repair service. The requirements are virtually covered by the
two aforementioned C.U.P.'s.
E. Parking Requirements. One of the major deficiencies on the current site
is parking. While there is more than ample space for both Propulsion
Enterprises and Moore's Auto. the parking lot has never been paved. They
propose to correct this by paving. curbing and striping the area required
for parking by the Ordinance. The proposed parking is shown on Exhibit
D.
- 2 -
Re: Propulsion
Conditional Use
29 April 1988
Ente~ses
Permit
.
1. Number of spaces. Both of the proposed uses fall under the category
of "auto repair... boats and mari~e sales and repair. shop for a trade
employing six or less people...". This classification of use requires
eight spaces for each use plus one space for each 800 square feet of
floor area over 1000 square feet. Based upon these criteria the
property will require 20 spaces.
8 space x 2 = 16 spaces
3000 + 800 = 3.75 = 4 spaces
total = 20 spaces
2. Surfacing. Curbing. Striping. The applicant's plan proposes to
blacktop the area shown and curb it with six-inch continuous poured
concrete. The lot will be striped as shown on the plan.
3. Drainage. In view of the proposed hard surface. the applicant was
required to supply new runoff calculations (see Exhibit E. attached).
Approval of the necessary C.U.P.'s should be contingent upon favorable
review and comment by the City Engineer.
F. Signage. Proposed signage. as shown on Exhibit F. complies with Section
1201.03 Subd. 11 of the City Code.
Mr. Warnke's desire to locate at the subject property provides an excellent
opportunity to upgrade the site in terms of zoning compliance. It is
recommended that the staff be directed to prepare a detailed resolution
approving the necessary C.U.P.'s and incorporating the approved site plan and
conditions referenced herein. The City may also wish to include a statement
advising the applicant that any future expansion of the existing building
will be expected to comply with the construction requirements contained in
Section 1201.03 Subd. 7 of the City Code.
cc: Dan Vogt
Glenn Froberg
Jim Norton
Wayne Warnke
Dick Moore
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81 TE LOCATI ON
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Exhibit D
PARKING AND SALES LAYOUT
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SCHOELL & MADSON, INC.
ENGINEERS · SURVEYORS · PLANNERS
SOIL TESTING"
[812] 548-7801 .10550 WAYZATA BLVD. · MINNETONKA. MN 55343-54B2
Ma rch 8, 1988
Orr-Schelen-Mayeron
2021 East Hennepin Ave., #238
Minneapolis, MN 55413
Attention: Mr. Jim Norton, P.E.
Shorewood City Engineer
Subject: Drainage Calculations for
Placement of Bituminous Parking
Area over Existing Parking Area
Moore's Auto Sales, Shorewood, MN
Dear Jim:
Enclosed are drainage
in the City of Shorewood.
pavement over that portion
attached sketch.
calculations for Moore's Auto Sales on Smithtown Road
Mr. Wayne Warnke is intending to place bituminous
of the existing gravel parking area as shown on the
The existing parking area has a gravel surface which is 1-1/2" clear rock.
The calculations for placing bituminous surface over the proposed area are as
follows:
Area to be improved =
Runoff Coefficient for 1-1/2" clear rock =
Runoff Coefficient for bituminous =
Intensity (10 yr. 20 min.)
Existing Runoff
0.14 acres x 0.5 x 4.2 = 0.29 cfs
0.14 acres
0.5
0.9
4.2"/hr.
Proposed Runoff
0.14 acres x 0.9 x 4.2 = 0.53 cfs
AFFIAMA TIVE ACTION · EQUAL OPPOATUNI1
Exhibit E-1
RUNOFF CALCULATIONS
Letter from Schoell and Madson
dated 8 March 1988
PRopoA SIGN Will BE 4 X a PlV.OD PAINTED
MOUNTED DIRECTlV BELOW THE EXISTING MOORES
AUTO SIGN (THE MOORES AUTO SIGN ON THE FENCE
Will BE REMOVED)
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Exhibit F
PROPOSED SIGNAGE
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MAYOR
Robert Rascop
COUNCI L
Jan Haugen
Kristi Stover
Robert Gagne
Barb Brancel
ADMINISTRATOR
Daniel J. Vogt
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236
MEMORANDUM
TO: PLANNING COMMISSION. MAYOR AND CITY COUNCIL
FROM: BRAD NIELSEN
DATE: 27 APRIL 1988
RE: / SHOREWOOD CONVENIENCE/SERVICE CENTER
FILE NO.: 405 (88.13)
BACKGROUND
Marcus Development Corporation. representing YES Properties Partnership.
proposes to redevelop the property currently occupied by the Village Pump gas
station at 24365 Smithtown Road (see Site Location map - Exhibit A.
attached). As you recall. last August the same developer proposed a project
for the same site. Since the new proposal is very similar to the previous
one. we have attached copies of pertinent staff reports. dated 29 July and 13
August 1987 (copied in yellow). for your review. As you are aware the
developer withdrew his request when it become clear that the City would not
approve two accesses on County Road 19.
As shown on Exhibit B. the new proposal is primarily auto-oriented and
includes three auto service bays. gas pumps. an automatic car wash and small
convenience grocery store. Unlike the previous proposal the new plan also
includes a freestanding convenience food store (fast food). The new proposal
is further explained in the applicant's request letter. dated 4 April 1988
(Exhibit C).
As proposed the project requires the following approvals from the City:
* auto service - conditional use permit (C.U.P.)
* motor fuel sales - C.U.P.
* car wash - C.U.P.
* convenience food - C.U.P.
* parking in rear yard - setback variance
* relocate nonconforming billboard - variance
A Residential Community on Lake Minnetonka's South Shore
Ie)
Re': Shorewood conveniJlll/
Service Center
27 April 1988
.
ISSUES AND ANALYSIS
While the new proposal is very similar to'the previous one. both in terms of
proposed use and planning issues. it is considered greatly improved. It not
only complies more with the City's development regulations. but it also
appears to fit the site better. Following are issues which should be
addressed in the review of the development proposal.
A. C.U.P. - Gas Station/Auto Service. Section 1201.21 Subd. 4c. contains 15
criteria for granting a C.U.P. for a gas station and auto service
operation. Rather than address each provision herein. the following ones
have been highlighted.
1. Architectural Appearance. Elevations of the proposed building are
shown on Exhibit D. The exterior will be constructed of decorative
concrete block with a 24-inch metal fascia around the top of the
building. Given the architectural character of the building to be
removed and that of other buildings in the area. including the Public
Works garage. the proposed building can only serve to enhance the
area.
2. Surfacing. Given the extent of hard surface (buildings and pavement).
site grading and drainage plans must be approved by the City Engineer.
3. Perimeter Curbing. The plan illustrates perimeter curbing around all
parking and circulation areas. Although the plans do not specify. the
Ordinance requires a minimum six-inch. continuous poured concrete
curb.
4. Lighting. Prior to final approval of the project. the applicant
should be required to submit a lighting plan for the site. The source
of each light should not be visible from adjoining residential
property or from the street.
5. Pump Islands. Although the site plan appears to indicate that pump
islands will be constructed. details are lacking. The applicant
should provide a typical elevation of the pump island. showing how the
gas pumps will look and how they will be protected.
6. Screening. Screening and landscaping must be provided along the
boundaries of any residential district. With one area of exception.
the landscape plan shown on Exhibit E is considered quite adequate.
Some additional screening should be provided at the southern end of
the easterly property line. Since it is important to maintain same
roam for snow storage. it may be desirable to construct a four foot
fence along the property line. perhaps 50 feet long. starting from the
southeast corner of the site.
- 2 -
Re: Shorewood
Service Center
27 April 1988
convenitlte/
.
7. Access. Proposed access to the site has been greatly improved.
Although there are still three curb cuts. only one directly accesses
County Road 19. The northerly driveway on Country Club Road serves
the upper level of the site. while the southerly drive serves the
lower level. The developer's architect appears to have satisfied the
concerns of the City Engineer as well as the Hennepin County
Engineer. Prior to issuance of a building permit the applicant must
obtain a driveway access permit from Hennepin County.
8. Signage. The new request does not include a signage plan. As with
the previous request. the City may wish to consider granting a
conditional use permit for multiple signage. particularly in view of
the number of uses on the site. It is recommended that signage be
limited to one sign per use. Total sign area for the site should not
exceed 10% of the silhouette area of the buildings as they are viewed
from the street.
Being familiar with the applicant's existing facilities on Highway 7.
it is important that he be aware of Shorewood's restrictions on
temporary signs. Temporary signs are limited. by permit. to display
for seven days at a time. twice a year. The 32 square-foot size
limitation precludes the use of such attention-getting devices as
inflatable oil cans. etc.
In this light. the applicant may wish to incorporate a changeable
messageboard on his freestanding sign. in order to advertize weekly
and monthly specials.
9. Outdoor Storage or Display. The applicant's plans do not indicate any
outdoor storage or display areas. It seems typical. however. for auto
service businesses to want to display merchandise such as portable
tire racks. etc. Given the activity already proposed for the site.
such exterior display is not recommended.
If the applicant anticipates any outdoor storage such as used tires or
car parts. vehicles waiting for parts. etc.. a fenced-in enclosure
should be provided on the site plan for such use. Also. a screened
trash enclosure should be provided behind the buildings.
B. C.U.P. - Car Wash. The requirements contained in Section 1201.21 Subd.
4b. are virtually the same as the requirements for gas stations. Given
the amount of circulation area on the site. and the fact that the car
wash is somewhat incidential to the gas and service operations. stacking
space is considered adequate.
C. C.U.P. - Convenience Food. The conditions listed for convenience food
establishments are primarily the same as those listed for car wash and
gas station. While plans for the buildings lack detail. it is apparent
that no provision has been made for any kind of drive-up window. nor does
there appear to be adequate room for one. This is not required. however.
more often than not fast food restaurants seem to include such a
feature. The conditional use permit should state that it is not
anticipated that drive-up service will be provided in the future.
- 3 -
R~: Shorewood
Service Center
27 April 1988
convenAe/
.
D. Setback Variance. The previous proposal required several setback
variances. The current site plan requires only one. They have observed
the setbacks for both buildings and parking except at the rear of the
site. There they have requested a 35 foot variance for parking and
circulation.
Given the topography and relative shallowness of the site. the variance
request appears to have merit. To some degree the area given up as green
space can be considered a trade off in exchange for the 17 feet of
right-of-way the City needs along Country Club Road.
It is felt that the City's use of property immediately south of the
subject site reduces the need for the required 50 foot buffer. Also. the
proposed landscaping on the site and the public works garage effectively
screen the site from residential property to the south.
E. Nonconforming Billboards. The site is currently occupied by two
billboard signs which exist as nonconforming uses. The one mounted on
the existing building has a short time left on its lease and the
applicant has reached an agreement with the sign company to remove it.
The freestanding billboard in the northeast corner of the site has a much
longer lease and the sign company has only agreed to relocate it on the
site. Simply leaving the sign in its current location is already
considered a variance. This may be justified due to the number of
nonconformities being eliminated on the site.
It is suggested that the conditional use permit specifically state that
the sign can only be relocated (as opposed to being completely rebuilt).
and that it must be removed at the end of its current lease.
F. Country Club Road R.O.W. The right-of-way for Country Club Road is
inadequate in width (33 feet). As a condition of approval of the C.O.P.s
and the rear yard setback variance the City should require dedication of
additional r.o.w. by the applicant. Seventeen feet would bring the
r.o.w. width up to the requirement for a local street.
G. Parking. The number of spaces provided is more than adequate for the gas
station. car wash and convenience grocery. Since the developer does not
have a specific tenant lined up for the fast food building. it is not
possible to calculate the number of required spaces at this time. This
being the case. the most that can be done relative to the restaurant is
to grant conceptual approval. Based upon the following calculations
there will be 30 spaces available for use by the restaurant. This means
that the restaurant must be designed so that it needs no more than 30
spaces. It is important that the developer understand that parking may
limit the size of the building.
- 4 -
Re: Shorewood conve~ce/
Service Center
27 April 1988
.
convenience grocery and service area - one space for every 200 square
feet of net area - 34' x 50' = 1700 sq. ft. - 10%= 1530 sq. ft. =
8 spaces required
gas station - four spaces plus two per service bay - 10 spaces
car wash (with motor fuel station) - 0 spaces in addition to those
required for the gas station
convenience food restaurant -
dining - one space per 40 sq. ft. = ?
kitchen - one space per 80 sq. ft. = ?
fast food - one space per 15 sq. ft. = ?
total required spaces* =
total proposed space
18 spaces
= 48 spaces
* without fast food
Relative to parking design. it is recommended that curbing be installed
at the ends of the seven spaces located immediately south of the County
Road 19 driveway. This will help define those spaces. particularly in
the winter.
H. Grading and Drainage. Although the new plan fits the subject site
considerably better than the previous one. it is anticipated that
.considerable site alteration will be required.
The City Engineer. in his previous staff report felt that drainage from
the subject property can be accommodated by a catch basin south of the
site on Country Club Road. Approval of the project should be contingent
upon his review and approval.
I. Water. In his previous report the City Engineer mentioned that the
existing water line serving City property cuts through the middle of the
site. As you may know the City does not have an easement for that water
line. The developer shows a rerouting of the line around the east side
of the site. While the City may require an easement for the new line.
the rerouting will undoubtedly involve some City expense.
RECOMMENDATION
While the previous plan represented a great improvement, to the site. the
developer's new architect should be commended for addressing critical
concerns the City had with the development of the site. Based upon the
preceding analysis it is recommended that the staff prepare a detailed
resolution approving the necessary conditional use permits and variances.
The City Attorney should also address the possibility of requiring a
development agreement relative to removal of the nonconforming billboard at
the end of its current lease. Prior. to formal adoption of the resolution.
the City Engineer should comment on grading and drainage.
cc: Dan Vogt
Glenn Froberg
Jim Norton
Mark Senn
Don Hustad
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81 TE PLAN
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MARPUS .
Real Estate Development
CORPORATION
.
April 4, 1988
Mr. Brad Nielsen
City Planner
5755 Country Club Road
Shorewood, MN. 55331
Re: Village pump Site Proposal
Dear Brad:
We are proposing to demolish the existing Village Pump
structures and remove all underground tanks, etc. and
develop on the site a new concept Auto Service Center
including a gas/convenience (food, etc.) operation,
three (3) service bays and an automatic car wash. In
addition we'll be developing a second building which
will house a Food Service operation.
The site presents many challenges given its location on
a key intersection and the severe topography of the
site. In our plan we have attempted to be extremely
sensitive to asthetics, topography and traffic
movements.
Given that the use is auto related, we are thus
applying and asking for approval of a Conditional Use
Permit for the proposed use on the site.
In addition, given the severe hardship the site
presents in relation to topography and traffic
movement, we are requesting a variance.
The variance involves the parking set-back from the
rear property line. Given the City garage and, the
Municipal Complex abutting this site we felt if a
parking variance was necessary this would be most
preferable. We can provide heavy landscaping as a
buffer. Initially this landscaping is as important to
us until improvements are made around the City garage.
Exhibit C-1
APPLICANT'S REQUEST LETTER
Dated 4 April 1988
10 Water Street. Excelsior MN 55331 . (612) 474-2363
.
.
Mr. Brad Nielsen
April 4, 1988
Page Two
Other than this variance, we have tried to meet if not
exceed other minimums.
The last and probably most sensitive issue our proposal
suggests relates to the Naegle signs on the site. In
our negotiations with the land owner and with Naegle
Outdoor Advertising, we were only partially successful.
We started from the preference that we didn't want
ei ther of the two sign structures to remain.
Uhfortun~tely the land owner has a binding lease which
transfers upon sale. The lease is not cancelable by
the land owner or the buyer for any reasons including
redevelopment. When we found this out we cancelled the
deal. After reconsidering and going directly to Naegle
Outdoor to attempt to negotiate an out, we were able to
achieve a partial solution.
Naegle Outdoor has agreed to eliminate the sign mounted
to the building and cancel the lease on said sign. We
were, however, unable to get them to agree to cancel
the freestanding sign lease. As a compromise, pending
all necessary approvals, Naegle Outdoor has agreed
they'd relocate the existing sign on the easterly
portion of the property to a point which would not
quite so severly impact the project, its esthetics,
etc. The sign could stay where it is, however, at its
current location it sticks out like a sore thumb and
would negate welcomed visual effects created by the new
development from the east. Wi th a minor relocation
both us and the City could better treat this sore
thumb, thus dramatically improving the esthetics of the
site and the area in general.
In that we cannot get out of the lease and would still
like to proceed with the much needed redevelopment of
the corner, we would like to request the City's
indulgence and would hope they can see their way clear
to allow relocation of the sign. We would hope the
City would agree that if the sign must stay its effects
can be better minimized by its relocation. The result
is a much better community presence for our new
project.
Exhibit C-2
.
.
Mr. Brad Nielsen
April 4, 1988
Page Three
We sincerely hope that the City can share in our
design. We feel we I veexhausted all alternatives to
present the best project possible given the site
constraints produced by topography, traffic flow,
visual sensi ti vi ty, and etc., and the input from the
City Staff, Planning Commission and Council on our
initial submittal.
Two recently completed examples of projects that we
developed and own are in close proximity. Both
projects demonstrate our sensitivity to good design and
municipal concerns. One project is on Highway 7 just
west of Williston Road. In this project we gutted and
redeveloped an old concrete block building and leased
it to Chalet Ski and Patio. The building is a vast
improvement from its previous condition when we
purchased it. In conjunction with redevelopment of the
Chalet Building, we developed a new Goodyear Center on
the site which has received very positive comments from
the City of Minnetonka and the general public.
A second project involves the rehabilitation of an old
concrete block service station on the NE corner of
Excelsior Blvd. (County Road 3) and Baker Road in
Minnetonka. The building again presents a vast
improvement and is occupied by an Express Lube
operation. I would invite you to view either or both
of these projects.
We feel our redevelopment of the Village Pump site will
greatly enhance this key corner in Shorewood. We can
that the City will agree with what we
is a responsible design and
Mark O. Senn
President
MOS/dcg
Exhibit C-3
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LAND SCAPE PLAN
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MEMORANDUM
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MAYOR
Robert Rascop
COUNCI L
Jan Haugen
Kristi Stover
Robert Gagne
Barb Brancel
ADMINISTRATOR
Daniel J. Vogt
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236
TO: PLANNING COMMISSION. MAYOR AND CITY COUNCIL
FROM: BRAD NIELSEN
DATE: 29 JULY 1987
RE: AMOCO SERVICE CENTER - C.U.P. FOR GAS STATION AND CAR WASH/
SETBACK VARIANCES
FILE NO.: 405 (87.37)
BACKGROUND
Marcus Development Corporation. representing YES Properties Partnership.
proposes to redevelop the property currently occupied by the Village Pump gas
station at 24365 Smithtown Road (see Site Location map - Exhibit A.
attached). As explained in their request letter. dated 16 July 1987 (see
Exhibit B. attached). they propose to tear down the existing building and
replace it with a new Amoco Service Center including motor fuel sales.
convenience grocery store. auto service bays and an automatic car wash.
The proposal involves a number of actions on the part of the City. The gas
station and auto service elements of the project require conditional use
permits. as does the car wash. They have also requested setback variances
for the overhead canopy in the front of the site and for parking at the rear
of the site. They have also requested a variance which would allow them to
relocate one of the nonconforming billboards currently located on the site.
The property consists of two parcels which are zoned C-3. General
Commercial. Together. the lots have 330 feet of frontage along Smithtown
Road and 226 feet of frontage along Country Club Road. Total lot area is
72.030 square feet.
Zoning and land use surrounding the site are as follows:
North:
East:
South:
West:
liquor store and shopping center located in Tonka Bay. zoned
commercial.
auto sales lot. zoned C-3.
Shorewood Public Works Department and City Hall. zoned R-1C.
Single-family residential.
country club and golf course. zoned R-1A. Single-family
residential.
A Residential Community on Lake Minnetonka's South Shore
R8: Amoco Service Cent
C.U.P. and variances
29 July 1987
.
The proposed site plan for the service center is shown on Exhibit C. The
proposed building contains 5154 square f~et of floor space. The overhead
canopy measures 40' x 56'.
ISSUES AND ANALYSIS
Over the past few years the Village Pump property has increasingly become a
problem in terms of zoning requirements and maintenance. In this regard, the
proposed redevelopment of the site should be welcomed by the City.
Having reviewed the applicant's plans and pertinent sections of the Shorewood
Zoning Ordinance, the following issues are raised.
A. C.U.P. - Gas Station/Auto Service. Section 200.21 Subd. 4c. contains 15
criteria for granting a C.U.P. for a gas station and auto service
operation. Rather than address each provision herein, the following ones
have been highlighted.
1. Architectural Appearance. Elevations of the proposed building are
shown on Exhibit D. The exterior will be constructed of decorative
concrete block with a 30-inch metal fascia around the top of the
building. Given the architectural character of the building to be
removed and that of other buildings in the area, including the Public
Works garage, the proposed building can only serve to enhance the
area.
2. Surfacing. Nearly 72 percent of the site will be covered with hard
surface - either buildings or bituminous parking and circulation
areas. Given the extent of hard surface, site grading and drainage
plans must be approved by the City Engineer.
3. Perimeter Curbing. The plan illustrates perimeter curbing around all
parking and circulation areas. Although the plans do not specify,
the Ordinance requires a minimum six-inch continuous, poured concrete
cu rb .
4. Lighting. The applicant shows a proposed light fixture (see Exhibit
E), but does not show how many fixtures or where they will be
located. Prior to final approval of the project, the applicant
should be required to submit a lighting plan for the site. The
source of each light should not be visible from adjoining residential
property or from the street.
5. Pump Islands. Although the site plan appears to indicate that pump
islands will be constructed, details are lacking. The applicant
should provide a typical elevation of the pump island, showing how
the gas pumps will look and how they will be protected.
- 2 -
R'e: Amoco Service ce*
C.U.P. and variances
29 July 1987
.
6. Screening. Screening and landscaping must be provided along the
boundaries of any residential district. Although the south side of
the site abuts the City's Public Works Department. proposed
landscaping along that border is considered inadequate. particularly
if the Public Works Department ultimately moves from that location.
The proposed landscape plan is shown on Exhibit F.
7. Access Points. The plans show three ingress/egress points for the
facility. Two are located on Smithtown Road (Co. Rd. 19). and one is
on Country Club Road. The number and spacing of these curb cuts are
consistent with our zoning requirements. Prior to final approval of
the C.U.P.. site access should be approved by the City Engineer as
well as the Hennepin County Engineer. It is worth mentioning that
the proposed defined access points greatly improve the wide open
condition which currently exists on the site.
8. Signage. Proposed signage is shown on Exhibits D and G. While the
proposed area of signage complies with Section 200.03 Subd.
11e.(3)(a). the number of proposed signs (9) far exceeds the limit of
three imposed by the Ordinance. While it may be reasonable to grant
. a C.U.P. for additional signs due to the multiple uses on the site.
the number of signs is still considered excessive.
It is recommended that signage be limited to one sign per use (i.e.
one Amoco sign on the canopy. one food shop sign. one certicare sign
and one car wash sign) in addition to the freestanding pylon sign.
The applicant should redesign his signage plan to best take advantage
of traffic coming down County Road 19 from the north and across
County Road 19 from the east. Signage oriented to Country Club Road
is considered unnecssary because people using those streets as they
leave in the morning will see the other signs oriented toward County
Road 19 as they come home in the evening.
Being familiar with the applicant's existing facilities on Highway 7.
it is important that he be aware of Shorewood's restrictions on
temporary signs. Temporary signs are limited. by permit. to display
for seven days at a time. twice a year. The 32 square-foot size
limitation precludes the use of such attention-getting devices as
inflatable oil cans. etc.
In this light. the applicant may wish to incorporate a changeable
messageboard on his freestanding sign. in order to advertize weekly
and monthly specials.
9. Outdoor Stora~e or Display. The applicant's plans do not indicate
any outdoor storage or display areas. It seems typical. however. for
auto service businesses to want to display merchandise such as
portable tire racks. etc. Given the activity already proposed for
the site. such exterior display is not recommended.
If the applicant anticipates any outdoor storage such as used tires
or car parts. vehicles waiting for parts. etc.. a fenced-in enclosure
should be provided on the site plan for such use.
- 3 -
Re: Amoco Service ceIPr
C.U.P. and variances
29 July 1987
.
B. C.U.P. - Car Wash. The requirements contained in Section 200.21 Subd.
4b. are virtually the same as the requirements for gas stations. Given
the amount of circulation area on the site. and the fact that the car
wash is somewhat incidental to the gas and service operations. stacking
space is considered adequate.
C. Setback Variances. The applicant has requested a 14-foot variance for
the overhead canopy in the front and a 33-foot variance for parking area
in the rear. Although a variance has not been requested. the paved
surface in front of the gas pumps also encroaches 10 feet into the
required setback.
Given the proximity to the City Hall property. whether it is Public Works
garage or parking area. the rear yard setback variance is not considered
unreasonable. particularly since the area can be buffered with additional
landscaping. Given the City's recent attempts to create some green space
in front of commercial properties. the front yard setback variances are
not considered appropriate. The 1S-foot requirement for paving and the
30-foot requirement for structures is already considered to be mimimal.
Reduction of those setbacks is not recommended. The applicant should be
directed to redesign the gas pump and canopy area to comply with the
required setbacks.
D. Nonconformin~ Billboards. The site is currently occupied by two
billboard signs which exist as nonconforming uses. The one mounted on
the existing building has a short time left on its lease and the
applicant has reached an agreement with the sign company to remove it.
The freestanding billboard in the northeast corner of the site has a much
longer lease and the sign company has only agreed to relocate it on the
site. Simply leaving the sign in its current location is already
considered a variance. While this may be justified due to the number of
nonconformities being eliminated on the site. allowing the sign to be
taken down and relocated is not advised. The applicant should be urged
to continue negotiating with the sign company for removal of the sign.
E. Country Club Road R.O.W. The right-of-way for Country Club Road is
inadequate in width (33 feet). As a condition of approval of the C.U.P.s
and the rear yard setback variance the City should require dedication of
additional r.o.w. by the applicant. Seventeen feet would bring the
r.o.w. width up to the requirement for a local street. It is recommended
that the applicant be relieved of 17 feet of the side yard setback so as
not to adversely affect his site plan. The westerly driveway on
Smithtown Road should be moved to the east 17 feet so as to maintain a 60
foot space between it and the new corner. The freestanding sign will
also have to be moved to maintain a five-foot setback from all property
lines.
F. Parkin~. With the exception of the rear yard setback. the number of
parking spaces and size and design of stalls and circulation meet or
exceed Shorewood's zoning requirements. The number of spaces has been
calculated as follows:
- 4 -
Re: Amoco Service cet.
C.U.P. and variances
29 July 1987
.
- convenience grocery and service area - one space for ever 200
square feet of net area - 26' ~ 77' = 2002 sq. ft. - 10% = 1802
sq. ft. = 9 spaces required
- gas station - four spaces plus two per service bay = 12 spaces
car wash (with motor fuel station) - 0 spaces in addition to those
required for the gas station
- total required spaces = 21 spaces
- total proposed spaces - 27 spaces
G. Grading and Drainap;e. It has already been suggested that the City
Engineer review and comment on the proposed drainage for the site. It
should also be realized that a considerable amount of fill is proposed in
order to make use of the rear part of the site. The City Engineer's
comments should also address proposed grading.
RECOMMENDATION
The proposed redevelopment of the property in question has been long awaited
and should prove to be a drastic improvement to the area in which it is
located. There are a number of issues raised herein. however. which need to
be resolved prior to final approval of the project. So as to convey a
positive reaction to the applicant's proposal. it is recommended that his
plans be given conceptual approval at this time. He should be directed to
submit revised plans incorporating the recommendations contained in this
report. plus any additional requirements the Planning Commission may suggest.
BJN:ph
cc: Dan Vogt
Glenn Froberg
Jim Norton
Mark Senn
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Exhibit A
(SITE LOCATION
Amoco Service Station
MARCUS
Real Estate Development
CORPORATION
.
.
July 16, 1987
Mr. Brad Nielsen
City Planner
5755 Country Club Road
Shorewood, MN 55331
Re: Village Pump Site Proposal
Dear Brad:
We are proposing to demolish the existing Village Pump
structures and remove all underground tanks, etc. and
develop on the site a new concept AMOCO Service Center
including a gas/convenience (food, etc.) operation, four (4)
service bays and an automatic car wash.
The site presents many challenges given its location on a
key intersection and the severe topography of the site. In
our plan we have attempted to be extremely sensi ti ve to
asthetics, topography, traffic movements, providing a visual
opening to the Municipal (City) Complex to the rear of our
site, etc.
Given that the use is auto related, we are thus applying and
asking for approval of a Conditional Use Permit for the
proposed use on the site.
In addition, given the severe hardship the site presents in
relation to topography and traffic movement, we are
requesting two variances. The first is foe the canopy over
the gas islands. Given the site restrictions it is
impossible to meet set-back requirements from County Road 19
with the overhead portion of the canopy. In our design we
have made certain that all the structural elements of the
canopy and the gasoline islands meet set-back requirements,
however, after considering dozens of options, the only
workable solutions involve overhead penetration into the
set-back area.
The second variance involves the parking set-back from the
rear property line. Given the City garage and the Municipal
Complex abutting this site we felt if a parking variance was
necessary this would be most preferable. We can provide
heavy landscaping as a buffer. Ini tially this landscaping
is as important to us until improvements are made around the
City garage.
10 Water Street. Excelsior MN 55331 . I
Exhibit B-1
APPLICANT'S REQUEST LETTER
Dated 16 July 1987
.
.
Mr. Brad Nielsen
July 16, 1987
Page Two
Other than these variances we have tried to meet if not
exceed other minimums. As we understand the City ordinances
and codes, the County Road 19 side would require a parking
set-back of 15 feet. We have designed the project in such a
manor that we meet the minimum 5 foot set-back for pavement
and also the 15 foot set-back for parking. The parking for
the gasoline island remains outside the 15 foot set-back.
The last and probably most sensi ti ve issue our proposal
suggests relates to the Naegle signs on the site. In our
negotiations with the land owner and with Nae"gle Outdoor
Advertising, we were only partially successful. We started
from the preference that we didn't want either of the two
sign structures to remain. Unfortunately the land owner has
a binding lease which transfers upon sale. The lease is not
cancelable by the land owner or the buyer for any reasons
including redevelopment. When we found this out we
cancelled the deal. After reconsidering and going directly
to Naegle Outdoor to attempt to negotiate an out, we were
able to achieve a partial solution.
Naegle Outdoor has agreed to eliminate the sign mounted to
the building and cancel the lease on said sign. We were,
however, unable to get them to agree to cancel the
freestanding sign lease. As a compromise, pending all
necessary approvals, Naegle Outdoor has agreed they'd
relocate the existing sign on the easterly portion of the
property to a point which would not quite so severly impact
the project, its esthetics, etc. The sign could stay where
it is, however, at its current location it sticks out like a
sore thumb and would negate welcomed visual effects created
by the new development from the east. With a minor
relocation both us and the City could better treat this sore
thumb, thus dramatically improving the esthetics of the
site and the area in general.
In that we cannot get out of the lease and would still like
to proceed with the much needed redevelopment of the corner,
we would like to request the City's indulgence and would
hope they can see their way clear to allow relocation of the
sign. We would hope the City would agree that if the sign
must stay its effects can be better minimized by its
relocation. The result is a much better community presence
for our new project.
Exhibit B-2
.
.
Mr. Brad Nielsen
July 16, 1987
Page Three
We sincerely hope that the City can share in our design. We
feel we' ve exhausted all al ternati ves to present the best
project possible given the site constraints produced by
topography, traffic flow, visual sensitivity, and etc.
Two recently completed examples of projects that we
developed and own are in close proximity. Both projects
demonstrate our sensi ti vi ty to good design and municipal
concerns. One project is on Highway 7 just west of
Williston Road. In this project we gutted and redeveloped
an old concrete block building and leased it to Chalet Ski
and Patio. The building is a vast improvement from its
previous condition when we purchased it. In conjunction
wi th redevelopment of the Chalet Building, we developed a
new Goodyear Center on the site which has received very
positive comments from the City of Minnetonka and the
general public.
A second project involves the rehabilitation of an old
concrete block service station on the NE corner of Excelsior
Bl vd. (County Road 3) and Baker Road in Minnetonka. The
building again presents a vast improvement and is occupied
by an Express Lube operation. I would invite you to view
either or both of these projects.
We feel our redevelopment of the Village Pump site will
greatly enhance this key corner in Shorewood. We can only
hope that the City will agree with what we sincerely believe
is a responsible design and development.
S);:::t~
Mark O. Senn
President
MOS:scr
Exhibit B-3
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FOQ Y,e.s. ~T1es PAQT1\EQSI-IIP
10 WATEQ sTQEET
excaSIOQ. ~ 55331
(612) 474-2363
NOQ'f1.4 sT Arl ENGtl'lEErllNG CONSlL T ANTS. INC.
3025 ~Al2BOQ LANE N.. SUiTe 104
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(612) 559.3642
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CITY OF
SHOREWOOD
MAYOR
Robert Rascop
COUNCI L
Jan Haugen
Kristi Stover
Robert Gagne
Barb Brancel
ADMINISTRA TOR
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: 13 AUGUST 1987
RE: AMOCO SERVICE CENTER - C.U.P.s AND VARIANCES
FILE NO.: 405 (87.37)
The above-referenced request was tabled at the 4 August Planning Commission
meeting pending review of grading. drainage and utilities by the City Engineer.
and further study of the site plan with respect to front yard setback
requirements. The applicant was also asked to revise his plans for signage on
the site.
The City Engineer has reviewed the plans and will send a written report under
separate cover. From an engineering perspective he mentions nothing which
would preclude the development from being approved. He does. however. agree
that the westerly curb cut on Smithtown Road should be eliminated to avoid
traffic congestion and potential hazards so near the intersection.
Relative to site design. I've met with the developer and his engineer to
discuss possible alternatives to the proposed design. They insist that the
proposed design is the only one that works. So as to eliminate the need for a
variance for the canopy they propose to cut it off at the setback line. leaving
the outside pumps uncovered. They may pursue a Zoning Ordinance text amendment
to reduce the setback requirement for gas station canopies at a later date.
This does not. however. eliminate the need for a variance for the paved surface
in front of the site.
As desirable as it may be to get the property in question redeveloped. the City
must be concerned with granting a variance which will greatly reduce the green
space in front of the building. With the adoption of the current Zoning
Ordinance the City has attempted to change the image of "wall to wall"
development of commercial sites. It must be remembered that a 33 foot variance
is already being considered on the south side of the site. Based upon these
concerns it is felt that further discussion of this matter is warranted.
A Residential Community on Lake Minnetonka's South Shore
"
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Re: Amoco Service Center
13 August 1987
Relative to signage. the applicant has agreed to reduce the number of signs on
the site. Basically. he proposes to limit the number of signs to one each for
the food shop and car wash. The canopy would display an Amoco sign on the east
and west sides. The service bays on the west side of the building will be
labeled "Certicarell. and the Certicare logo would be displayed in front of the
service office.
The developer has revised his site plan to accommodate the existing location of
the Naegele billboard in the northeast corner of the site. This change is
based upon a concern raised relative to moving a nonconforming structure to a
different location on the site. This issue has been discussed with the City
Attorney. He feels that if the developer is willing to enter into a contract
with the City saying that the sign will be removed at the end of its lease. and
if it is to the City's advantage to relocate the sign. then the concern over
precedent will have been mitigated. Based upon this advice. if the developer
desires to move the sign as proposed originally. it may be allowed. This would
also allow the easterly curb cut on Smithtown Road to be moved to the east.
While we are considerably closer to an acceptable plan of development for the
site. any further recommendation from this office will be withheld until the
matter has been discussed next Tuesday.
If the Planning Commission or City Council has any comments. questions or
suggestions relative to this matter. please do not hesitate to contact my
office.
BJN:ph
cc: Dan Vogt
Glenn Froberg
Jim Norton
Mark Senn
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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: 5 MAY 1988
RE: SMITHTOWN CIRCLE - DEVELOPMENT AGREEMENT
FILE NO.: 405 (86.07)
Mr. William Diem proposes to install the street and utilities for the Smithtown
Circle plat (see Site Location map - Exhibit A. attached) in conjunction with
the construction of the New Apostolic Church which was approved in August
1987. To refresh your memory. the plat for Smithtown Circle was released in
1979. but site improvements were never required.
Enclosed is a development agreement prepared by staff to govern the development
of the project. The developer has submitted a $1000 escrow to defray City
expenses for preparation of the agreement.
If you have any questions relative to this matter. please contact my office.
BJN:ph
cc: Dan Vogt
Glenn Froberg
Jim Norton
Bill Diem
A Residential Community on Lake Minnetonka's South Shore
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Exhibit A
SITE LOCATION
Smithtown Circle
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5/3/88
CIlY OF SImE.WXD
RES IDENI'IAL SUBDIVI SIm DEVEIDRVIENf AGREEMENr
SMI'lHIOVN CIRCLE
TIllS AGREBVlENl', made this day of , 1988, by
and between the CIlY OF SH:Ilm\UD, a Minnesota nnmicipal corporation,
hereinafter referred to as the "Ci ty", and~1P\4E :9~ffi'IEN.F ~I<lt, a ~"
Minnesota Corporation, hereinafter referred to as the "Developer".
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WHEREAS, the Developer has an interest in certain land in
Hennepin County, Minnesota, described as Smithtown Circle, hereinafter
referred to as the "Subject Property"; and
WHEREAS, the City Council by its Resolution No. 34-79, passed on
May 7, 1979, has approved the final plat of the subject property; and
WHEREAS, the the Developer has made application to the City to be
allowed at Developer's expense to construct all surfaced streets, curbs,
gutters, required landscaping, storm sewer and surface water drainage
facilities, street signs, sanitary sewer facilities and underground
electric and telephone service lines to all lots included in the plat
approved by the City, all of the foregoing hereinafter referred to as
inprovanent s .
NlV, 'IlJERER:Jm, in consideration of the mutual covenants and
guarantees contained herein, the City and the Developer agree as follows:
1. IMPIUVmm:rs INSTALLED BY DEVEIDPER. Developer agrees at its expense
to construct, install and perform all work and furnish all materials and
equipment in connection with the installation of the following
inprovanent s:
a. Street grading, stabilizing and bituminous surfacing;
b. Integral shoe formed bi tuminous curbs and gutters;
c. Sanitary sewer mains;
d. Storm sewer and surface water drainage facilities;
e. Street and traffic control signs;
f. Required landscaping.
It is understood that underground utility lines, including gas, electric,
and telephone, shall be installed by the respective private utility
carpanies pursuant to separate agreements with the Developer.
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2. STANDARDS OF crNS'IBl.CrKN. Developer agrees that all of the
improvements set forth in Paragraph 1 above shall equal or exceed City
standards, shall be constructed and installed in accordance with
engineering plans and specifications approved by the City Engineer and the
requirements of applicable City ordinances and standards, and that all of
said work shall be subject to final inspection and approval by the City
Engineer.
3. MATERIALS AND I..AOCR. All of the materials to be errployed in the
making of said improvements and all of the work perfonned in connection
therewith shall be of uni fonnly good and workmanlike qual ity, shall equal
or exceed City standards and specifications, and shall be subject to the
inspection and approval of the City. In case any materials or labor
supplied shall be rejected by the City as defective or unsuitable, then
such rejected materials shall be removed and replaced with approved
materials, and rejected labor shall be done anew to the satisfaction and
approval of the Ci ty at the cost and expense of Developer.
4. SOIEIXJLE OF \\'CRK. The Developer shall subnit a written schedule
indicating the proposed progress schedule and order of cmpletion of work
covered by this Agreement. It is understood and agreed that the work
shall be perfonned in one phase to be fully cmpleted by December 31,
1988. Upon receipt of written notice from the Developer of the existence
of causes over which the Developer has no control, which wi 11 delay the
completion of the work, the City, at its discretion, may extend the dates
specified for cmpletion.
5. S':mEETS, SANITARY SEWER, AND S1mVI SEWER FACILITIES.
a. Plans and Specifications. The Developer agrees to cause its
engineers to prepare all plans and specifications necessary for the
installation of streets, curb, gutter, sanitary sewer, and stonn sewer and
surface water drainage facilities in said plat, said plans and
specifications to be subject to the final approval of the City Engineer.
b. As-Built Plan. Within sixty (60) days after the cmpletion
of construction, Developer shall cause its engineer to prepare and file
with the City a full set of "as-buil t" plans, including a mylar original
and two (2) black line prints, showing the installation of the foregoing
facilities within the plat.
c. Easements. Developer, at its expense, shall acquire all
easements from abutting property owners necessary to the installation of
the sanitary sewer, stonn sewer, and surface water drainage facilities
within the plat, and thereafter prmptly assign said easements to the
Ci ty.
d. Pre-existing DTain Tile. All pre-existing drain tile
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disturbed by Developer during construction shall be restored by Developer.
6. STAKINJ, SURVEYINJ.AND INSPECrIrn. It is agreed that the Developer,
through his engineer, shall provide for all staking and surveying for the
above-described improvements. In order to ensure that the completed
improvements conform to the approved plans and specificat ions, the City
will provide for resident inspection.
7. GRADINJ, DRAINAGE, .AND ERJSIrn CXNIroL. Developer, at its expense,
shall provide grading, drainage and erosion control plans to be reviewed
and approved by the Ci ty Engineer. Said plans shall provide for tenporary
dams, earthwork or such other devices and practices, including seeding of
graded areas, as necessary, to prevent the washing, flooding,
sedimentation and erosion of lands and streets within and outside the plat
during all phases of construction. Developer shall keep all streets
within the plat free of all dirt and debris resulting fram construction
therein by the Developer, its agents or assignees.
8. STREET SImS. Developer, at its expense, shall provide standard city
street identification signs and traffic control signs in accordance with
the Minnesota r&mual on Uni form Traffic OJntrol Devices.
9. AOCESS 10 RESIDm:ES. Developer shall provide reasonable access,
including tenporary grading and graveling, to all residences under
construction in the plat until the streets are accepted by the City.
10. CXXlJPANCY PERVIITS. The occupancy of any new structure on any lot
within said plat shall be prohibited by the City until the streets have
been graded and surfaced with class 5-100% crushed material and municipal
cIJ7 sanitary sewer lines have been installed and are available to serve the
~ lot for which the building permit has been issued. ~
11. FINAL INSPECrlrn. Upon cooplet ion of the improvements set forth in
Paragraph 1 above, the City Engineer, the contractor, and the Developer's
engineer wi 11 make a final inspect ion of the work. When the Ci ty Engineer
is satisfied that all work is completed in accordance with the approved
plans and specifications, and the Developer's engineer has submitted a
written statement attesting to same, the City Engineer shall recommend
that the improvements be accepted by the City.
12 . {DINEY.ANCE OF IlVJPIVVEVJENl'S. Upon coop 1 et ion 0 f the ins tall at i on by
Developer and approval by the City Engineer of the improvements set forth
in Paragraph 1 above, the Developer shall convey said improvements to the
City free of all liens and encumbrances and with warranty of title, which
shall include copies of all lien waivers. Should the Developer fail to so
convey said improvements, the same shall became the property of the City
without further notice or action on the part of either party hereto, other
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than acceptance by the City.
13. REPLACEMENr. All work and materials perfonned and furnished
hereunder by the Developer, its agents and subcontractors, found by the
City to be defective within one year after acceptance by the City, shall
be replaced by Developer at Developer's sole expense. Within a period of
thirty (30) days prior to the expiration of the said one-year period,
Developer shall perfonn a televised inspection of all sanitary sewer lines
within the plat and provide the City with a VHS videotape thereof.
14. RE8'lrnATICN OF S'ffiEID'S.AND PUBLIC FACILITIES. The Developer shall
restore all City streets and other public facilities disturbed or damaged
as a result of Developer's construction activities, including sod with
necessary black dirt, bituminous replacement, curb replacement, and all
other items disturbed during construction.
15. REIlVBURSE\mNl' OF CDSTS. The Developer shall reimburse the Ci ty for
all costs, including reasonable engineering, legal, plarming and
administrative expenses incurred by the City in connection with all
matters relating to the administration and enforcement of the within
Agreement and the perfonnance thereof by the Developer. Such
reimbursement shall be made within thirty (30) days of the date of mailing
of the City's notice of costs to the address set forth in Paragraph 22
below.
16. CIAIM3 Fm \\CRK. The Developer or its contractor shall do no work or
furnish no materials not covered by the plans and specifications and
special conditions of this Agreement, for which reimbursement is expected
fran the City, unless such work is first ordered in wri ting by the City
Engineer as provided in the specifications. Any such work or materials
which may be done or furnished by the contractor without such written
order first being obtained shall be at its own risk, cost and expense.
17. LE1TER OF rnEDIT. For the purpose of assuring and guaranteeing to
the City that the improvements to be constructed, installed and furnished
by the Developer as set forth in Paragraph 1 above, shall be constructed,
installed and furnished according to the tenns of this Agreement, and to
ensure that the Developer shall pay all claims for work done and materials
and supplies furnished for the perfonnance of this Agreement, and that the
Developer shall fully cooply with all of the other tenns and provisions of
this DeveloIXOOnt Agreement, the Developer agrees to furnish to the Ci ty
either a cash deposit or an irrevocable letter of credit approved by the
City in an amount equal to 150% of the total cost of said improvements as
estimated by the Developer's engineer and approved by the City Engineer.
Said deposit or letter of credit shall remain in effect for a period of
one year following the coopletion of the required improvements. The said
deposit or letter of credit may be reduced in amount or replaced by a
maintenance bond at the discretion of the City upon acceptance by the City
of the various individual improvements.
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18. LIABILI'IY INSURANCE. The Developer shall take out and maintain
during the life of this agreement public liability and property damage
insurance covering personal injury, including death, and claims for
property damage which may arise out of the Developer's work or the work of
their subcontractors, or by one directly or indirectly employed by any of
them. This insurance policy shall be a single limit public liability
insurance policy in the amount of $1,000,000.00. The City shall be named
as co-insured on said policy and the Developer shall file a copy of the
insurance coverage with the City.
Prior to cannencement of construction of the inprovements described in
Paragraph 1 above, the Developer shall file with the City a certificate of
such insurance as will protect the Developer, his contractors and
subcontractors frem claims arising under the workers' carpensation laws of
the State of Minnesota.
19. LAWS, ClIDINANCES, REGJIATICNS AND PERVlITS. Developer shall cmply
with all laws, ordinances, and regulations of all regulatory bodies having
jurisdiction of the Subject Property and shall secure all permits that may
be required by the City of Shorewood, the State of Minnesota, and the
Minnehaha Creek Watershed District before cannencing developnent of the
plat.
20. SI'..WER ASSESSVlENTS. The parties acknowledge that sewer equalization
charges as provided for by the Shorewood Ci ty Code have been previously
assessed against all lots within the plat.
21. PARK FUND PAYMENT. The parties acknowledge that park fund fees as
provided for by the Shorewood Ci ty Code have been paid in full.
22. NOTICES. All notices, certificates and other communications
hereunder shall be sufficiently given and shall be deemed given when
mailed by certified mail, return receipt requested, postage prepaid, with
proper address as indicated below. The City and the Developer by written
notice given by one to the other, may designate any address or addresses
to which notices, certificates or other communications to them shall be
sent when required as contenplated by this Agreement. Unless otherwise
provided by the respective parties, all notices, certificates and
communications to each of them shall be addressed as follows:
To the City:
Ci ty 0 f Shorewood
5755 Country Club Road
Shorewood, lVN 55331
To the Developer:
William Diem
Py~...l....,<>~1l:
RQIRQ R~.",lvr'lu'=aH Ce~o'Sllon
1450 Park:R&8a- ~,
Chanhassen, lVN 55317
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23. PImF OF TITLE. Developer shall furnish a title OpInIOn addressed to
the City issued by the attorney for the Developer. which opinion shall
guarantee that Developer in fact has a fee ownership of the subject
property and the right to enter upon the same for the purpose of
developing the property. Developer agrees that in the event Developer's
ownership in the property should change in any fashion. except for the
normal process of marketing lots. prior to the completion of the project
and the requirements of this Agreement that he shall forthwith notify the
City of such change in ownership.
24. DISClAIMER BY CI'lY. It is understood and agreed that the City. the
City Cotmcil. and the agents and enployees of the City shall not be
personally liable or responsible in any marmer to the Developer. the
Developer's contractors or subcontractors. materialmen. laborers. or any
other person. finn or corporation whomsoever. for any debt. claim. demand.
damages. actions or causes of action of any kind or character arising out
of or by reason of the execution of this Agreement or the perfonnance and
completion of the work and inprovements hereunder; and that the Developer
will save the City. the City Cotmcil. and the agents and enployees of the
City hannless fran any and all claims. damages. demands. actions or causes
of action arising therefran and the costs. disbursements. and expenses of
defending the same.
25. DECLARATICN OF CUVENANrS. aIDITICNS .AND RES'lRICl'ICNS. Developer
acknowledges that the subject property is subject to no Declaration of
Covenants of Conditions and Restrictions.
26. IXJRATICN OF AGREE\1ENf. This Agreement shall remain in effect until
such time as the Developer shall have fully perfonned all of his duties
and obligations tmder this Agreement.
27. RBVJEDIES UPCN DEFAULT.
a. Assessments. In the event the Developer shall default in the
perfonnance of any of the covenants and agreements herein contained and
such default shall not have been cured within thirty (30) days after
receipt by the Developer of written notice thereof. the City. if it so
elects. may cause any of the inprovements described in Paragraph 1 above
to be constructed and installed or may take action to cure such other
default and may cause the entire cost thereof. including all reasonable
engineering. legal and aaninistrative expense incurred by the City to be
recovered as a special assessment under Minnesota Statutes Chapter 429. in
which case the Developer agrees to pay the entire BIOOunt of such
assessment within thirty (30) days after its adoption. Developer further
agrees that in the event of its failure to pay in full any such special
assessment within the time prescribed herein. the City shall have a
specific lien on all of Developer's real property within the Subject
Property for any BIOOtmt so unpaid. and the City shall have the right to
foreclose said lien in the marmer prescribed for the foreclosure of
mechanic's liens under the laws of the State of Minnesota. In the event
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of an emergency, as detennined by the City Engineer. the notice
requirements to the Developer prescribed by Minnesota Statutes Chapter 429
shall be and hereby are waived in their entirety. and the Developer shall
reimburse the Ci ty for any expense incurred by the Ci ty in remedying the
conditions creating the emergency.
b. Perfonnance Guaranty. In addition to the foregoing. the City
may also institute legal action against the Developer or utilize any cash
deposit made or letter of credit delivered hereunder. to collect. pay. or
reimburse the Ci ty for:
(1) the cost of completing the construction of the
improvements described in Paragraph 1 above.
(2) the cost of curing any other default by the Developer in
the perfonnance of any of the covenants and agreements
contained herein.
(3) the cost of reasonable engineering. legal and
administrative expenses incurred by the City in enforcing and
administering this Agreement.
c. Legal Proceedings. In addition to the foregoing. the City
may institute any proper action or proceeding at law or at equity to abate
violations of this Agreement. or to prevent use or occupancy of the
proposed dwellings.
28. HEADIN3S. Headings at the beginning of paragraphs hereof are for
convenience of reference. shall not be considered a part of the text of
this Agreement. and shall not influence its construction.
29. SEVERABILIlY. In the event any provisions of this Agreement shall be
held invalid. illegal. or unenforceable by any court of competent
jurisdiction. such holding shall not invalidate or render unenforceable
any other provision hereof. and the rena.ining provisions shall not in any
way be affected or impaired thereby.
30. EXEaJfICN OF CXlJNl'ERPARI'S. This Agreement may be sinnl taneously
executed in several counterparts. each of which shall be an original. and
all of which shall constitute but one and the same instrument.
31. crNS'J.lU:CI'ICN. This Agreement shall be construed in accordance with
the laws of the State of Minnesota.
32. Sl.mSSCES AND .ASSI~S. It is agreed by and between the parties
hereto that the Agreement herein contained shall be binding upon and inure
to the benefit of their respective legal representatives. successors. and
assigns.
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srATE OF MINNESOTA )
) ss
axJNI.Y OF HENNEPIN)
On this day of , 1988, before me, a Notary Public
within and for said County, personally appeared Robert Rascop and
Sandra L. Kennelly, to me personally known, who, being each by me duly sworn,
did say that they are respectively the Mayor and City Clerk of the municipal
corporation named in the foregoing instrument, and that said instrument was
signed and sealed in behalf of said corporation by authority of its City
Council, and said Robert Rascop and Sandra L. Kennelly acknowledged said
instrument to be the free act and deed of said corporation.
Notary Public
srATE OF MINNESOTA )
) ss
axJNI.Y OF HENNEPIN)
On this day of , 1988, before me, within and for
said County, personally appeared Wi 11 ism DiEm, on behalf of Rane Developnent
Corporation, who is its President, described in and who executed the
foregoing instrument and acknowledged that he executed the same as his free
act and deed.
Notary Public
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903.01
SECfICN:
903.01:
903.02:
903.03:
903.04:
903.05:
903.06:
903.07:
903.08:
903.09:
903.10:
903.11:
903.12:
903.13:
903.14:
903.15:
903.16:
903.17:
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DRAFT 5/3/88
903.03
ClIAPTER 903
WATER USE AND SERVICE
Purpose and Intent
Compliance With Provisions
Water Service Connections
Water Turn 01 and Shut Off
Private Wells
Installation and Construction Requirements and Specifications
Service Pipes
Meters
Water Rates and Charges
Water Connections Served by Adjacent MUnicipalities
Authorized Water Shut Offs
Conservation Measures
Restricted and Prohibited Acts
Discontinuance of Service
Right of Entry Powers
Disclaimer of Liability
Violation
903.01: PUR:Pa3E AND INI'ENl': The City MUnicipal water system
(hereinafter called the water system) shall be operated as a
public utility and convenience from which revenue will be derived, subject
to the provisions of this Chapter.
903.02: CIMPLIANCE WIlli PJDVISICNS: No person shall make, construct
or install any water service installation, or make use of any
water service connected to the water system except in the manner provided
in this Chapter, nor shall any person make, construct, install or make use
of any installation connected to the water system contrary to the
regulatory provisions of this Chapter. (Ord. 74, 9-10-73, amd. 1987 Code)
903.03:
Subd. 1.
WATER SERVICE aNmCI'ICNS:
Existing Service Stubs: Service stubs have been installed to
serve some homes and businesses presently located in the
Ci ty. For those homes and businesses, the
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903.03
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903.03
connections are ready for use by the existing structures in
the City. (~d. 157, 2-17-84, eff. 4-1-84, mud. 1987 Code)
a. Permi t to Connect, Fee: A permit must be obtained to
connect to the water system. The fee for each permit shall
be as set by Council resolution. Such fee shall include
inspection and turn-on services perfonned by the City.
b. Conditions of Permit: The permit fee shall be paid at
the time of making application for water service. In
addition thereto, before any permit shall be issued, the
following conditions shall be complied with:
(1) No permit shall be issued to tap or connect with any
water main or water system of the City either directly or
indirectly from any lot or tract of land unless it shall be
determined that:
(i.) The lot or tract of land to be served by such
connection or tap has been assessed for the cost of
construct ion of the water main and water plan system
with which the connection is made; or
(ii.) The proceedings for levying such assessments
have been or will be commenced in due course;
(iii.) A a connection charge has been paid.
(2) A water meter, meter horn, and remote reader shall
be obtained from the City at the time permit is applied for.
(3) If the lot is served by the eastern service district
water tower and is below an elevation of 975', a pressure
reducing valve (PRV) shall be obtained from the City at the
time the permit is applied for if a new connection or upon
notice by the City if an existing connection.
(4) Inspections: All property service lines shall be
inspected by the City Water Inspector before the lines are
covered to insure proper construction of the line and
connection to the service stub. The owner or contractor
shall give at least 24 hours advance notice to the City Water
Inspector when the service pipe is ready for inspection.
(~d. 157, 2-27-84, eff. 4-1-84, mud. 1987 Code)
903.03
Subd. 2.
Subd. 3.
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903.03
(5) 'furn-(h and Shut-Offs. (hly an authorized City
enployee shall turn on or shut off any water supply at the
curb stop.
New Service Stubs. Application for Water Service
Connection: In the event additional connections or stubs are
required or desired, applications shall be made at the City
Hall on forms furnished by the City. (Ord. 74, 9-10-73, mnd.
1987 Code)
a. Applications. All such applications for service stubs
shall be made by the owner of the property to be served, or
his duly authorized agent, and shall state the size and
location of the service connection required, and the
applicant shall, at the time of making applications, pay to
the City the amount of fees required for the installation of
the service connection as hereinafter provided. The
application shall also contain the name of the owner, a
description of the property, lot, block and addition, name of
road upon which the property fronts and the signature of the
applicant, or his agent, agreeing to conform to the rules and
regulations that may be established by the City as conditions
for the use of water.
b. Perfonnance Bond. For the purpose of assuring and
guaranteeing to the City that the installation of the service
connection shall fully comply with all of the other terms and
provisions of this Chapter, the applicant agrees to furnish
to the City either a cash deposit or a corporate surety bond
in the sun of $2,000,00, approved by the City and naming the
City as obligee thereunder.
c. Inspections. All property service stubs shall be
inspected by the City Water Inspector before the stubs are
covered to insure proper construction of the stubs and
connection to the watermain.
d. Additional Requirements. All requirements set forth in
Subd. 1 of this section shall be applicable to this
subdivision.
Connection
assessment
connection
tract of
accordance
Counci 1.
Charge: If no assessment has been levied and no
proceedings will be completed in due course, a
charge shall be made to the owners of the lot or
land to be served. Such charge wi 11 be in
with and pursuant to resolution of the City
903.04
.
.
903.06
903.04: \~ TURN~ AND SHUT~FF FEES: A fee as established by
resolution of the City Council shall be charged for turning
on or shutting off water except in instances where a connection pennit has
been obtained by the property owner.
903.05: PRIVAIE WELLS:1 Private wells may be maintained and
continued in use after connection is made to the water
system, provided there is no means of cross-connection between the private
well and the Mmicipal water system at any time. Hose bibbs that will
enable the cross-connection of the two (2) systems are prohibited on
internal piping of the well supply system. The threads of the boiler
drain of the well volune tank shall be removed or the boi ler drain hose
bibb replaced wi th a sink faucet. C1l1hiae hv::;t! btbbs will Hut De-
~_-!.!l~.!:!l~,J~'!mic.ipaL.s}l.Siem.,wheJ:.e.-dual~...wa.te.z! sys t ems a~4>>~;\l.se~,
903.06:
Subd. 1.
Subd. 2.
Subd. 3.
INSTALIATICN AND
SPECIFICATICNS:
CXNS'IRUCl'ICN
RlQJIREVlENl'S
AND
Supervision: All work performed within the limi ts of the
City shall comply with all requirements of the Minnesota
PlUIbing Code as amended and the Ten States Standards and
shall be under the direct supervision of the City Water
Inspector and Public Works Director.
Authority to do Work: Only persons authorized by this
Olapter shall tap any distributing main or pipe of the water
system, or insert stop cocks or ferrule therein.
Excavations: 2 If the installation is to be in a surfaced
street, the location of the water main shall be ascertained
fran the Ci ty Engineer and, upon completion, such
installation shall be inspected by the Public Works
Department. Prior to construction within the street, notice
shall be given to the City Water Inspector, School District,
U. S. Post Office, police and fire departments, and City
P\lblic Works Director. Such notice must be given at least
three (3) days prior to the excavation for laying of the
service pipe, and the connection must be made before three
o'clock (3:00 P.M.). After approval by the Public Works
Department, the street shall be restored to its previously
existing conditions as directed and approved by the P\lblic
Works Department. The expense of such construction and
restoration shall be borne by the applicant.
1. See Olapter 506 of this Code.
2. See also Section 901.01 of this Code.
903.06
Subd. 4.
SOOd. 5.
.
.
903.06
Separate Connections and Meters: No more than one housing
unit or building shall be supplied from one service
connection except by special permission of the Ci ty Counci 1.
Whenever two (2) or more parties are supplied from one pipe,
connecting with the distribution main, each building or part
of the building ITRlst have a separate stop box and a separate
meter.
Property Service Lines: ,All installations of property
service lines shall comply with the following:
a. Property service pipe ITRlst be laid with sufficient waving
to allow not less than one foot (1') extra length and in such
manner as to prevent rupture by settlement.
b. Property
and one-half
whichever is
freezing.
service lines ITRlst be placed not less than seven
feet (7 1/2') below surface or finished grade,
lower, and arranged so as to prevent rupture by
c. A shut off or other curb stop shall be installed at the
property line and placed so as to be protected from freezing.
d. All underground joints are to be mechanical (compression
or flared, not sweated) unless otherwise approved by the City
Inspector.
e. Joints shall be kept to a minimum with not more than one
joint used for service up to seventy feet (70') in length.
f. All joints and connections shall be left uncovered until
inspected and tested at normal water line pressure.
g. Connections at mains for domestic supply shall be at
least one inch (1").
h. No water pipe shall be connected wi th any purp, well,
tank or piping that is connected with any other water supply
other than the Mmicipal water system.
i. Not more than one building shall be supplied from one
service connection unless by special permission from the City
Counci 1.
j. When two (2) or more buildings are supplied from one
pipe, each building ITRlst have a separate stop box and
separate meter.
903.06
903.07:
Subd. 1.
Subd. 2.
903.08:
Subd. 1.
Subd. 2.
.
.
903.08
k. Prior to connection with the MUnicipal water system, all
means of cross-connection to a retained private water supply
shall be eliminated.
SERVICE PIPES:
Maintenance and Repair: It shall be the responsibility of
the property owner to maintain the service pipe from the curb
box into the structure. In the case of failure upon the part
of the property owner to repair any leak. occurring in his
pipe within twenty four (24) hours after verbal or written
notice thereof, the water will be shut off and will not be
turned on until the service charge, as established by
resolution of the council, has been paid and the leak.
repaired. When the waste of water is great, or when damage
is likely to result from the leak., water may be turned off
immediately pending repairs.
Abandoned Service Installations: All service installations
that have not been used for one year, or for any reason have
became useless for further service, shall be shut off at the
curb stop. Any expense of the Ci ty shall be charged to the
property and, if not paid within thirty (30) days, shall be
treated as a delinquent account pursuant to this Chapter.
lVEl'ERS :
Meter Use Required: Except for extinguishing of fire, no
person except authorized City employees shall use water from
the water supply system or permit water to be drawn therefrom
unless the same be metered by passing through a meter
supplied by the City.
Installation of Meters: All water meters shall be installed
by a licensed plumber in accordance with the following rules:
a. The service pipe from the water main to the meter shall
be brought through the floor in a vertical position. The
stop and waste valve shall be installed approximately twelve
inches (12") above the floor.
903.08
Subd. 3.
.
.
903.08
b. The meter shall be located so that the bottom is from
twelve to twenty-four inches (12"-24") above the finished
floor line. The meter shall be set not more than twelve
inches (12"), measured horizontally from the inside line of
the basement wall, unless an al ternate method is approved by
the City Water Inspector.
c. All meter installations shall have a stop and waste valve
on the street side of the ~ter. In no case shall there be
more than twelve inches (12") of pipe exposed between the
point of entrance through the basement floor and the stop and
waste valve.
A stop and waste valve shall also be installed on the house
side of the meter. Meter setting devices shall be of copper
pipe or tubing from the tenninus of the service pipe up to
and including the house side stop and waste valve.
d. A remote reader shall be installed on the outside of the
building in which the meter is contained at a height of three
feet (3') to five feet (5') above grade.
Maintenance, Repair and Replacement:
a. Replacement of Meter: All water meters shall be and
remain the property of the City and may be removed or
replaced or changed as to size and type by the City whenever
deemed necessary.
b. Maintenance and Repair: The Ci ty shall maintain and
repair all meters when rendered unserviceable through
ordinary wear and tear and shall replace than if necessary.
However, where any replacement or repair or adjustment of any
meter is necessary because of damage from hot water backup,
damage from freezing water, or damage from any act,
carelessness or negligence of the owner or occupants of any
pranises, any expense incurred by the City to repair said
damage shall be charged against and collected from the
property owner, and water service may be discontinued until
the cause is corrected and the amount charged collected.
903.08
.
.
903.09
Subd. 4.
Subd. 5.
903.09:
Subd. 1.
Meter Tests: When a user makes a complaint that the bill for
any past services has been excessive, the City shall, upon
written request, have such meter re-read. If the user
remains dissatisfied and desires that the meter be tested,
said user shall then make a deposit in an amount established
by resolution of the City Council, and the City shall test
the meter. The user shall, if he so desires, be present when
such test is made. In case a test should show an error of
over five percent (5%) of the water consumed in favor of the
City, the deposit will be refunded to the user and a
correctly registering meter will be installed and the date of
written request and the minimtlIl charge shall not be
affected. In case the test shows an accurate measurement of
water or an error in favor of the user, the amount deposited
shall be retained by the City to cover the expenses of making
such test.
Unauthorized Tarrpering Wi th Meter: All water meters shall be
inspected and sealed by the City Water Inspector. No person
not authorized by the City shall connect, disconnect, take
apart, remove the seal, or in any manner change or cause to
be changed or interfere with any such meter or the action
thereof.
WATER RATES AND CHAOOES:
Rates and Olarges Established:
a. Water Service Rates: The water rate due and payable to
the Ci ty by each water user for water taken fran the
MUnicipal water system shall be at a quarterly rate
established by a resolution of the City Council. Where
service is for less than a quarterly period, the quarterly
charge will be prorated on a monthly basis.
b. Meter Olarges: A charge for a water meter shall be made
by the City. Property owners or users shall pay in advance
before delivery of the water meter for installation. Said
charge shall be as established by the City Council by
resolution. (Ord. 157, 2-27-84, eff. 4-1-84; amd. 1987 Code)
c. Water Turn Ch: The established turn-on fee wi 11 be
charged for turning on water where service has been shut off
903.09
Subd. 2.
Subd. 3.
.
.
903.09
for nonpayment
discontinuance
chapter.
of water billings, failure to repair a leak,
of service, or other reason specified in this
d. Estimated and Adjusted Rates:
(1) In the event the water meter servicing any
property is found to be operating in a faulty manner or to
have becane inoperative, the amount of water wi 11 be
estimated in accordance with the amount previously used in
carparable periods of the year.
(2) The City Council shall be authorized to make
adjustments in water charges when the amount bi lIed is
erroneous due to a meter deficiency or other mistake.
e. Rates Outside City Limits: Rates due and payable by each
water user located beyond the territorial boundaries of the
City shall be detennined by special contract.
Listing of Accounts: All accounts shall be kept on the books
of the City in the name of the owner of the property served.
All bills and notices sent out by the City shall be sent to
the address of the property served. If nonresident owners or
agents desire personal notice sent to a different address,
they shall file an application therefor with the City. Any
error in address shall be promptly reported to the City.
Bills for Services,
Assessment s.
Delinquencies, Discontinuance, Tax
a. Billing: Statements for charges for water service for a
quarterly period should be mailed to each property owner or
user on or before the fifteenth day of the second month
following the quarterly period covered by the statement.
Such statement shall be due and payable to the City Clerk on
or before the fifteenth day of the third month following the
quarterly period covered by the statement.
b. Delinquencies: After the fifteenth day of the third
month following the quarterly period covered by the
statement, a penalty of 10% of the unpaid balance due will be
assessed and added to the amount of the statement. If this
.
.
903.09
903.10
statement is not paid prior to the due date of the next
billing, a notice shall be sent to the property owner or user
infonning the property owner or user that the statement is
delinquent and warning that unless the statement plus penalty
is paid in full within fifteen (15) days, or other
arrangements for payment satisfactory to the City are made,
the water will be shut off and the prescribed shut-off fee
will be assessed.
c. Discontinuance of Service. If the property owner or user
does not respond to the notice given above, prior to the date
indicated in the notice, and the statement remains unpaid,
the water shall be shut off at the curb stop. Prior to the
water being turned back on again, the property owner or user
shall be required to pay all delinquent charges, plus
penalties and shut-off fees, and the prescribed turn-on fee.
d. Tax Assessments: All delinquent accounts may be
certified by the Clerk who shall prepare an assessment roll
each year providing for assessment of the delinquent accounts
against the respective property served. This assessment roll
shall be delivered to the City Council for adoption on or
before October 10th of each year and upon approval thereof,
the Clerk shall certify to the County Auditor the amount due,
plus a certification fee as established by resolution of the
Ci ty Counci I, and the County Audi tor shall thereupon enter
such amount as part of the tax levy on such premises to be
collected during the ensuing year. Such action may be
optional or subsequent to taking legal action to collect
delinquent accounts.
903. 10: WATER CXN-ffiCI'IrnS SERVED BY ADJACEm' MJNICIPALITIES: The
City Council has heretofore and will in the future enter into
contracts with adjacent municipalities to provide water service to
properties located within the City. All pennits to be issued under this
Olapter shall cooply with the tenus of such agreements. In instances
where the cost of the water hook-up fran the supplying city is included in
full or in part as a quarterly charge, then such shall be added to the
billing for the minimum quarterly water charge to be paid by the
recipient.
.
.
903.14
903.17
Subd. 3.
Fraud or misrepresentation by the owner or occupant of the
premises served in connection with an application for
service.
903.15: RIGII' OF ENIRY roVERS: Authori zed Ci ty E!IIl>loyees shall have
free access at reasonable hours of the day to all parts of
every building and premises connected to the water system for reading of
llle~~';s and inspection. /-...-AeA V _--<....r", ....f! c~~_~,
,th;;.; /-:,:,,", ',~e:,;;i ~y c.".. ~f~-.<4..,7.::-~,,/I,
903.16: DISCLAIMER OF LIABILITY: The City shall not be liable for
any deficiency or failure in the supply of water to
property owners or users, whether occasioned by shutting the water off for
the purpose of making repairs or connections, or fran any other cause
whatever.
903.17: VIOLATICN: Any person violating any provIsIon of this
Chapter shall be guilty of a misdemeanor. (Ord. 74, 9-10-73,
arm. 1987 Code)
903. 11
.
.
903.14
903.11: AUTHORIZED ~ SHUT-OfFS: In case of fire or alann of
fire, water may be shut off to insure a supply for the fire
fighting; or in making repairs or construction of new works, water may be
shut off at any time and kept shut off as long as necessary.
903.12: crNSERVATICN MEASURES: Whenever the Ci ty Counci I shall
detennine that a shortage of water supply threatens the City,
it may, by resolution, limit the time and hours during which water may be
used frexn the water system for lawn and garden sprinkling, irrigation, car
washing and other uses specified therein. Appropriate notice of such
limitation shall be given prior to the enforcement thereof.
903.13:
Subd. 1.
Subd. 2.
Subd. 3.
903.14:
Subd. 1.
Subd. 2.
RES1RICI'ED AND PlDIIBITED ACrS:
Unauthorized 'fu.rn-Ch or Shut-off: No person, except an
authorized City enployee or agent, shall turn on or shut off
any water supply at the curb stop. A turn-on or shut-off fee
in an amount equivalent to twice the prescribed fee shall be
charged for the unauthorized turn-on or shut-off of any
con~ection to the l.\hmicipal water system.
Unauthorized Use of Hydrants, Interference Wi th System: No
persons, other than employees or agents of the City, shall
operate fire hydrants or interfere in any way with the water
system.
Supplying Water to Others: No person shall pennit water frexn
the water system to be used for any purpose except upon his
own premises unless written consent is first obtained frexn
the Ci ty.
DISaNrINI.JAN:;E OF SERVICE: Water service may be shut off at
any curb stop connection whenever:
The owner or occupant of the premises served, or any person
working on any pipes or equipnent thereon which are connected
with the water system, has violated, threatens to violate or
causes to be violated, any of the provisions of this Chapter.
Any charge for water, service, meter or other financial
obligation irrposed on the present or fonner owner or occupant
of the premises served is unpaid.
.
.
ORDINAOCE ID.
AN ORDINAOCE AMENDING SECrICN 703.04 OF '!HE
SHJRE.V.aD CI1Y CXDE PRO\TIDING FOR
'!HE 'mAPPING OF MJSKRATS AND BFAVERS
'!HE CI1Y roH::IL OF '!HE CI1Y OF SHJRE.V.aD, MINNESOl'A, amA.INS:
Section 1. Section 703.04 of the Shorewood City Code is hereby amended by
adding a new subdivision to read as follows:
"Subd. 3. The sale or use of leg-hold traps for the trapping of
muskrats or beavers, providing such trapping is specifically
authorized by the City Council. Such authorization shall be by
special pennit. This pennit shall contain such conditions and
provisions as the Council may deem appropriate. Pennits shall be
issued for a period not exceeding six (6) months, and may be
renewed by Council action."
Section 2. This ~dinance shall be in full force and effect from and
after its passage and publication.
AOOPI'ED BY '!HE CI'lY <nN::IL of the City of Shorewood, Minnesota, this
day of , 1988.
Robert Rascop, Mayor
A1TEST:
Sandra L. Kennelly, City Clerk
. /
/7-
!
703.03
.
.
703.05
Subd. 2. The sale of any trap within the City by any person or by any wholesale
or rental establishment.
703.04:
EXEMPTIONS FROM PROVISIONS: The provisions of this
Chapter shall not apply to:
Subd. 1. The sale or use of any trap specifically designed to kill rats, mice,
gophers or moles.
Subd. 2. The sale or use of cage-type live traps employed for the control of
nuisance animals as long as such traps are tended each twelve (12) hours.
703.05:
VIOLATION: Any person who violates any of the provisions of
this Chapter shall be deemed guilty of a misdemeanor. (Ord. 100,
7-10-78)
.
.
ORDINANCE N).
AN ORDINANCE M1ENDING SECTICN 1102 OF 1HE
SImEVaD CI1Y aDE PROVIDING FOR
RES1RIcrICNS CN 1HE USE OF l\UItE, VEHICLES IN 1HE WErLAND ARPA
1HE CI1Y cn.JOCIL OF 1HE CI1Y OF SImEVaD, MINNESOl'A, ORDAINS:
Sect ion 1. Chapter 1102 of the Shorewood City Code is hereby amended by
adding a new section to read as follows:
"1102.11 VEHICLE RES1RIcrICNS: No person within a wetland conservation
area shall:
Subd. 1. ~ive or park a vehicle, except an authorized or
emergency vehicle, on any turf or other area not designated
for parking or travel.
Subd. 2. Wash, grease, dismantle, repair, change or
deposit the oil of a vehicle anywhere within a wetland
conservation area.
Subd. 3. Operate a motorized vehicle except on marked
JrR; 1 s during t imcili QQiit;natod ay the City ('~l1Jlr.i 1.
Subd. 4. Operate any watercraft within a wetland
conservation area."
Section 2. This Ordinance shall be in full force and effect from and
after its passage and publication.
A1X)PI'ED BY 1HE CI1Y cn.JOCIL of the Ci ty of Shorewood, Minnesota, this
day of , 1988.
Robert Rascop, Mayor
ATl'EST :
Sandra L. Kennelly, City Clerk
/5
J
,,#-l
.
.
RESOLUrICN ID.
A RESOLUrICN DENYING AN AMENIlVJFNl' 'ID TIm
SIDm\\aD CXl\1PREHENSIVE PIAN
WHEREAS, Nancy Strickland-Balogh, (Applicant), has an interest in
certain land in the City of Shorewood, Minnesota, legally described as:
Lot 108, Auditor's Subdivision No. 133 and the West
100 feet of the South 10 feet of Lot 1, Pebble Brook
Addition
and
WHEREAS, said land (Subject Property) carries a density
classification from semi-rural residential (0 - 1 unit per acre) under the
City Carprehensive Plan; and
WHEREAS, Applicant has made application for an amendnent to the
City Carprehensive Plan whereby said property would be re-classified to a
density of 1 - 2 units per acre; and
WHEREAS, a public hearing was held and the application reviewed
by the Planning Carrnission on April 5, 1988; and
WHEREAS, the City Council considered the application at their
regular meeting on April 11, 1988, and voted to return the application to
the Planning Carrnission for further study and recannendation; and
WHEREAS, a further review of the application was had before the
Planning Carrnission on April 19, 1988; and
WHEREAS, the City Council, at their regular meeting on April 25,
1988, voted to deny the application and directed the City Attorney to
prepare Findings and Conclusions for review and action by the Council at
their next regularly scheduled meeting.
NlV, nmRER:EE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
FINDIIDS OF FACl'
1. That the above-described property carries a density
classification of semi-rural residential (0 - 1 unit per acre) under the
City Carprehensive Plan.
2. That a substantial majority of the land in the immediate area
of the Subject Property is classified as semi-rural residential (0 - 1
uni t per acre).
/fo/4-/
~.
.
.
..t
3. That re-classifying the Subject Property from semi-rural
residential (0 - 1 unit per acre) to low-density residential (1 - 2 units
per acre) would have an adverse effect upon other lands immediately close
by, would be inconsistent with the original intent of the City
Caq>rehensive Plan, and would have an adverse effect on the general
welfare, public health and safety of the community.
CXN:;LUS Ims
That based on the foregoing, the City Council of the City of
Shorewood hereby denies Applicant's request for an amendment to the City
Caq>rehensive Plan changing the classification of the Subject Property
from semi-r8SiQ8nr~ - 1 unit p. er acre) to lOW-density residential
(1 - 2 units per acre). ~
AIX>PI'ED BY '!HE CI'IY ~IL of the Ci ty of Shorewood this 9th day of May,
1988.
ATTEST :
Robert Rascop, Mayor
Sandra L. Kennelly. Ci ty Clerk
.
.
RESOLUrICN ID.
A RESOLUfICN DENYIOO AN AlVlENIl\1Em' 'ill 'mE ZCNIOO (JIDINANCE
OF 'mE CI'IY OF SImEW:XD
WHEREAS, Nanci Strickland-Balogh, (Applicant), owns an interest
in certain land in the City of Shorewood, Minnesota, legally described as:
Lot 108, Auditor's Subdivision No. 133 and the West
100 feet of the South 10 fcet of Lot 1, Pebble Brook
Addition
and
WHEREAS, the Subject Property is presently zoned R-IA; and
WHEREAS, the Applicant has applied for an amendnent to the Zoning
Ordinance whereby the Subject Property would be zoned R-lB; and
WHEREAS, a public hearing was held and the application reviewed
by the Planning Cammission on April 5, 1988; and
V~, the City Council considered the application at their
regular meeting on April 11, 1988, and voted to return the application to
the Planning Cammission for further study and recommendation; and
WHEREAS, a further review of the application was had before the
Planning Q:rnnission on April 19, 1988; and
WHEREAS, the City Council, at their regular meeting on April 25,
1988, voted to deny the appl ication and directed the Ci ty Attorney to
prepare Findings and Conclusions for review and action by the Council at
their next regularly scheduled meeting.
NlV, 'lHEREFOOE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
FINDIOOS OF FACf
1. That the above-described property carries a density
classification of semi-rural residential (0 - 1 unit per acre) under the
City Comprehensive Plan.
2. That a substantial majority of the land in the immediate area
of the Subject Property is classified as semi-rural residential (0 - 1
units per acre).
-II /~ /1 -- :2_
.
.
3. That the increase in density proposed by the amendnent would
be inconsistent with the density as set forth in the COmprehensive Plan
for the adjacent areas.
4. That an increase in density for the Subject Property would be
adverse to the general welfare, public health and safety of the coommity.
5. That the proposed action has been considered in relation to
the specific policies and provisions of and has been found to be
inconsistent with the official City COmprehensive Plan.
cno.USlrns
That based on the foregoing, the City Council of the City of
Shorewood hereby denies Applicant's request for an amendnent to the
Zoning ~dinance changing the classification of the Subject Property
from R-lA to R-lB.
AIX>PTED BY 1HE CIlY CDJNCIL of the City of Shorewood this 9th day of May,
1988.
ATrEST:
Robert Rascop, Mayor
Sandra L. Kennelly, City Clerk
.
.
RESOLUfIrn tv.
A RESOLUfIrn DENYIOO AN M1ENI:MENl' TO 'lHE ~ING ClIDINANCE
OF 'llili CITI OF SIDlliWXD
WHEREAS, George Larson, (Applicant), ~v.ns an interest in certain
land in the City of Shorewood, Minnesota, legally described as:
Outlot A, Westlawn 1Wo
and
WHEREAS, the Subj ect Property is present ly zoned R-1A; and
WHERFAS, the Applicant has applied for an mnendnent to the Zoning
Ordinance whereby the Subject Property would be zoned R-lB; and
WHERFAS, a public hearing was held and the application reviewed
by the Planning Cannission on April 5, 1988; and
WHEREAS, a further review of the application was had before the
Planning CConlission on April 19, 1988; and
WHEREAS, the City Council, at their regular meeting on April 25,
1988, voted to deny the application and directed the City Attorney to
prepare Findings and Conclusions for review and action by the Council at
their next regularly scheduled meeting.
lilY, 1HEREF<Jlli, BE IT RESOLVED by the City Council of the Ci ty of
Shorewood as follows:
FINDlN3S OF FACI'
1. That the above-described property carries a density
classi ficat ion of low-densi ty resident ia1(1-- 2 uni taper acre) under the
City Comprehensive Plan.
2. That a substantial majority of the lmld in the immediate area
of the Subject Property is classified as semi-rural residential (0 - 1
uni t per acre).
/013
.
.
3. That the increase in density proposed by the amendment would
be inconsistent with the density as set forth in the Comprehensive Plan
for the adjacent areas.
4. That an increase in density for the Subject Property would be
adverse to the general welfare, public health and safety of the community.
5. That the proposed action has been considered in relation to
the specific policies and provisions of and has been found to be
inconsistent with the official City Comprehensive Plan.
<XNCLUS IrnS
That based on the foregoing, the City Council of the City of
Shorewood hereby denies Applicant's request for an amendment to the
Zoning ~dinance changing the classification of the Subject Property
fran R-lA to R-1B.
AIX>PIED BY TIm CIlY UXlNCIL of the Ci ty of Shorewood this 9th day of May,
1988.
ATI'EST:
Robert Rascop, Mayor
Sandra L. Kennelly, City Clerk
'"
.
Q\'\te~"nc
2021 Easl Hennepin Avenue
Minneapolis, MN 55413
612-331-8660
FAX 331-3806
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Engineers
Surveyors
Planners
May 4, 1988
City of Shorewood
5755 Country Club Road
Shorewood, Minnesota 55331
Re: 1988 City Street Maintenance Project
Project No. 88-1
Shorewood, Minnesota
OSM Comm. No. 4160
Dear City Officials:
Attached is a cost estimate for scheduled street repairs for 1988. The estimate
lists the streets to be repaired, the type of construction scheduled to repair
each street, and the estimated cost of construction.
The total estimated construction cost is $168,000, and the total estimated proj-
ect cost is $193,000. This is within the budgeted amount of $200,000.
We will be happy to discuss this matter with you at your convenience.
Respectfully,
ORR-SCHELEN-MAYERON
& ASSOCIATES, INC.
~N2?1t1fBn/ML:5
Associate
J PN : m 1 j
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1988 SHOREWOOD CITY STREET MAINTENANCE
PROJECT NO. 1988-1
REPAIR CODE INDEX
CODE
S
L
o
P
ESTIMATED COST PER L.F.
$ 1.65
$ 8.00
$10.60
$ 0.00*
REPAIR
Seal Coat
Fabric With Leveling Course
Fabric With 1-1/2" Overlay
Patch
*Patching will be done by City personnel plus the cost not included in
this contract
STREET LIST
REPAIR
STREET CODE NOTE
1. Beverly 0 To West End of Cul.
2. Cajed 0 Discuss Storm Drain
With Council
3. Enchanted Lane 0 Main Road
4. Enchanted Pt. Rd. Hold-Questions About
R.O.W.
5. Eureka Road L & S Subdrainage Under Road
Near Smithtown Required
Breakdown
2/3 L
1/3 S
6. Mann S
7. Seamans Drive S
8. St. Alban's Bay Rd. S
9. Strawberry Lane S .
10. West 62nd Street o & P From Strawberry to
Church
11. Sylvan Lane S & P
12. Orchard Circle S
13. Lee Circle S
14. Lake Virginia Dr. o & P
15. Yellowstone Trail L From Country Club to
Pleasant
16. Suburban L
Total Construction Cost
~ $/L.F. TOTAL COST
1,260 $10.60 $ 13,356.00
820 $10.60 8,692.00
3,300 $10.60
6,050
4,000 $ 8.00
2,050 $ 1.65
660 $ 1. 65
1,800 $ 1.65
3,700 $ 1.65
2,610 $ 1. 65
600 $10.60
320 $ 1.65
300 $ 1. 65
300 $ 1.65
1,560 $10.60
1,800 $ 8.00
2,760 $ 8.00
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .-. . . . . . .
34,980.00
32,000.00
3,383.00
1,089.00
2,970.00
6,105.00
4,307.00
6,360.00
528.00
495.00
495.00
16,536.00
14,400.00
22.080.00
$167,776.00
+ Indirect Cost (15%) 25.224.00
TOTAL PROJECT COST ............................................... $193,000.00
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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
MEMO TO: Mayor and Councilmernbers
FROM: Dan VOgt])~
DATE: May 3, 1988
SUBJECT: Employee Dental Insurance
A request has been made by the staff to look into the possibility of
providing dental insurance to the full-time benefit earning employees
of the city and their dependents. You may recall that the Union
attempted to bargain this type of insurance into their current
contract. The Union was looking to have this benefit fully paid by
the City. This proposal was rejected by the city and subsequently
dropped from negotiations.
I have circulated a short survey to all full-time benefit earning
employees which asks certain questions relative to adding the dental
benefit. I have attached a copy of the memo which was sent. Only one
employee stated that dental insurance was not desired. Two other
employees indicated problems paying the full premium. The city
currently has 17 full-time benefit earning employees.
The providers that I have looked at, League of Minnesota Cities and
Delta, require that the employer pay for 100% of the employee
coverage. In looking at other cities, this appears to be the case in
the majority of the cities. However, it is also shown that some
cities pay the total cost of insurance up to the insurance premium
"cap" as set by the City. Our "cap" is currently $250.00 per month
per employee. The total cost of insurance to employees plus dependent
coverage does not yet reach the "cap". The $250.00 limit is expected
to be reached in 1989 with or without the addition of dental insurance.
The first decision to be made is whether or not to offer dental
insurance to employees. If that decision is yes, then, the method of
how it will be paid for should be decided. A few of the options are
listed as numbers 2-4 on my April 18 memo to staff. Specifically, the
employee pays the full premium, the employee pays a percentage of the
full premium or the employee pays the amount of the premium for all
insurance over the $250.00 per month per employee "cap".
A Residential Community on Lake Minnetonka's South Shore
/}/ )2
(>. C. /)
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Dental Insurance
Page Two
If the Council favors offering dental insurance to its employees and
chooses a payment alternative, I will have vendors meet with staff to
discuss coverages. A recommendation will then come back to you as to
the recommended vendor to provide dental insurance with the best
coverage and value to the employees.
Please contact me if you have any questions relative to this proposal
prior to Monday night. Also, I would be interested if you have any
ideas as to alternative vendors to provide the coverage.
slq
Attachment
cc: Staff
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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
MEMO TO: Full Time Staff
FROM: Dan vogtJf1f
DATE: April 18, 1988
SUBJECT: Dental Insurance
Members of the office staff have expressed interest in obtaining dental
insurance as an additional employee benefit. Prior to discussing this
with the City Council, I need to know the level of interest and your
preferences as to payment for such a benefit. Estimated rates for
dental insurance are as follows:
Employee Only $10-15/month
Family Rate $25-40/month
Optional Orthodontic $ 3- 5/month
Please complete the following questions and return to me by Monday,
April 25.
Name
1. Would you be interested in a dental plan for City employees?
Yes No
Family Coverage____
Single Coverage____
2. If you were required to pay the full premium for said coverage,
would you still be interested?
Yes No
3. If you were required to pay 50% of the premium for said coverage,
would you still be interested?
Yes No
A Residential Community on Lake Minnetonka's South Shore
BID TABULATION
for
1988 Sanitary Sewer Maintenance Work
FOR THE
CITY OF SHOREWOOD
HENNEPIN COUNTY, MINNESOTA
Bids Opened:
Vendor
Bid Security
Total Bid
1. Municipal Pipe Tool Company
5% - Merchants
$39,730.00
--------------------------------------------------------------------------
2. Visu-Sewer Clean & Seal, Inc.
5% - Wausau
$34,805.00
--------------------------------------------------------------------------
3.
--------------------------------------------------------------------------
4.
--------------------------------------------------------------------------
5.
--------------------------------------------------------------------------
6.
--------------------------------------------------------------------------
7 .
--------------------------------------------------------------------------
8.
-------~------------------------------------------------------------------
9.
--------------------------------------------------------------------------
10.
--------------------------------------------------------------------------
*Denotes ~orrected Figure
1 hereby certify that this is a
true and correct tabulation if the
bid:: r:C()'1!!feived on May 6, 1988
BY:~
Daniel J. Vog
City Administrator
MINU'l'IS
MONDAY,
PAGE 8
1988
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MIESEN BUILDING PERMIT STATUS - CONTINUED
order" on the house and the Miesen's are now asking permission to
resume work.
Mrs. Miesen stated that she has been working with Mr. Nielsen since
the beginning of the project and she questioned her builders
interpretation of what was allowable under her building permit.
Attorney Froberg stated that the Council had two options available to
them. One, they could determine that the existing block was an
existing structure and instruct the building official to issue a
permit to add to that structure or they could instruct the Miesen's
to reapply for thier variances and permit. Nielsen stated that this
lot doesn't have a site on it that could comply with set backs. The
Council would need to issue the same variance as they previously did
if Miesen's were required to reapply.
Mr. Carroccio took full responsibility for the misunderstanding and
would like to continue the project for the Miesen's benefit and the
benefit of the neighborhood.
Council discussed the definition of "structure" and Nielsen felt that
what was remaining is a "structure". A Resolution has already been
passed that states the condition of the variances granted. Rascop
asked if there was a demolition permit issued. Nielsen stated that a
permit was not issued in conjunction with a building permit. Nielsen
also stated that he gave additional permission to expand the basement
area within the confines of the footing print to allow for an inside
stairway access to the mechanical room.
Haugen moved, to allow Miesen to rebuild their house on the same foot
print as remains under staff inspections, Gagne seconded for
discussion. Rascop offered an amendment to remove'the deck approval
that was granted as a variance, 40 1/2' to the lake. The amendment
was not supported. Stover confirmed that this action is still
subject to the 5 variances already granted. She supports the need
for strict inspection requirements with any added costs to be borne
by the contractor. Rascop doesn't feel that~structure exist~ and a
permit should beyfor new construction.'~ ~
~~\.\. li!~ 01="
Motion carried to allow construction~ the building, as originally
issued - 4 ayes to 1 nay (Rascop).
Rascop would like an Ordinance drawn to require licensing of all
contractors with conditions to deal with violat~ who work without
obtaining a permit.
Mr. Miesen apologized to the Council for the problems that this has
caused and thanked them for their time.
-8-
MINUTES
MONDAY, MAY 9, 1988
PAGE 9
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RESTRICTION OF THE USE OF MOTOR VEHICLES - ORDINANCE #209
IN THE WETLAND AREA
()tl.-f>lrJ/MJt~ Am.,.,vI>J\'l\6Jvr A1\lD Amf5rJ() c;;.1.
Council reviewed theASubd. 3 of Section 1.
Gagne moved seconded by Haugen to accept the first reading
of the Ordinance as amended, waive the second reading and
adopt the Ordinance.bbtion, carried by Roll Call Vote - 5 ayes.
ATTORNEYS REPORT
Findings of Fact - Strawberry Fields
Denial of Comp Plan Amendment
RESOLUTION NO. 41-88
Gagne moved seconded by Brancel to accept the Findings of Fact
denying the Compo Plan Amendment for Strawberry Fields, as amended.
Motion carried by Roll Call Vote - 5 ayes.
Findings of Fact - Rezoning Denial -
Strawberry Fields
RESOLUTION NO. 42-88
Gagne moved seconded by Brancel to accept the Findings of Fact
denying the rezoning of Strawberry Fiel~as submitted. Motion
carried by Roll Call Vote - 5 ayes.
Finding of Fact - Denying Rezoning -
Westlawn III
RESOLUTION NO. 43-88
Gagne moved seconded by Brancel to accept the Findings of Fact
denying the rezoning for Westlawn III. Motion carried by Roll
Call Vote - 5 ayes.
City Manager Information
Council would like this information submitted in writing to
review at a later date.
Bayswater Road Litigation
Stover requested an Executive session be held to discuss this
following the completion of this meeting.
ENGINEERS REPORT
1988 Street Project #88-1 - Preparation of Plans and Specifications
and Authorize Advertisement For Bids
Engineer Norton submitted a recommended list of streets to be
included in the 1988 street improvement project. His total
estimated cost for these streets is $193,000.00, the budgeted
amount is $200,000.00.
-9-
r
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MINUTES
MONDAY, MAY 9, 1988
PAGE 10
ENGINEERS REPORT - CONTINUED
Council asked if any of these streets were also to be televised
and would they need to be torn up if problems were found. Norton
stated that the pipes will be repaired from the inside requiring
no street excavation. Enchanted Lane is the only road affected
by both projects and it will be televised prior to road repair.
Rascop asked Engineer to check P.V.C. pipe protruding through
the tar near the bridge.
Gagne moved seconded by Stover to direct the Engineer to draw
plans and specifications and authorize him to advertise for bids
for the 1988 street project. Motion carried - 5 ayes.
Freeman Park Waterlines
Engineer Norton has drawn plans for the waterline extensions
into Freeman Park. Widmer, Inc. has estimated a cost of install-
ation at $16,940.00 for Plan A & B. An additional line to the
center of the ballfield with a hydrant would increase the total
project cost to $31,960.00. Additio~Class 5 is needed for parking
lots and lime is needed for infield also. Norton recommends that
the projects be combined and advertise for bids. The current
project plans for seeding should be postponed. Vogt and Niccum
supplied information on available park funds to pay for these
improvements. Vogt feels the fund is $7,600.00 short and E€c.(
recommended that they obtain a short term loan from the sewer
fund in order to complete the project.
Gagne moved seconded by Brancel to authorize the eXEe~diture and
allow the park fund to go into a deficit balaJE~~k~~recommended
by Beck. Motion carried - 5 ayes.
PLANNERS REPORT
McKinley Place 5th Addition - Grading Permit Request
Norton has reviewed the plan and discussed it with Pflau~Engineer.
He has concerns regarding the slope and driveway accessibility
for Lots 9 and 12. Norton would like to see individual building
pads located and how they are to be serviced, also how that will
effect surrounding lots. Mr. Pflaum will return with additional
detail.
Division Street Rezoning Request
A public hearing to hear the rezoning request for Division Street
will be held by the Planning Commission on June 7, 1988.
FINANCE DIRECTOR REPORT
L~ne item financial statements should be in the mail this week
for the first quarter.
The audit is progressing. The audit review is scheduled for
May 24th at 7:00 p.m.
-10-
MINUTES
MONDAY, MAY 9, 1988
PAGE 11
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FINANCE DIRECTOR REPORT - CONTINUED
The new software will allow for more detailed check lists
in the future.
Rascop requested a list of investments and their rate of return.
ADMINISTRATIVE REPORT RESOLUTION NO. 44-88
Award 1988 Sewer Maintenance Work
Two bids were received and opened on Friday, May 6, 1988. Staff
recommends awarding the bid to Visu-Sewer Clean and Seal, Inc.
in the amount of $34,805.00. Most of this work will be done on
the islands sewer lineS. They have already located a 30 gallon
a minute leak which could be equal to 150 REC connections when
repaired. Visu-Sewer would like to use this area as a case
study.
Gagne moved seconded by Stover to award the bid to the lowest
bidder, Visu-Sewer Clean and Seal, Inc. for $34,805.00. Motion
carried by Roll Call Vote - 5 ayes.
Request for Dental Plan
The employees have asked to be enrolled in a dental plan at
their own expense if necessary. Delta Dental and the League
provide plans that require that the employer pay for the plan.
Rascop feels the City can make a payroll deduction and submit
one check to pay for the coverage. Vogt will return with
additional information on participation, cost and providers.
Secretary/Receptionist Vacancy
Shelly Quaas has submitted her resignation effective May 17, 1988.
An "exit interview" will be held that day by Vogt. A temporary
will be brought in for training and will remain until someone
is hired. Vogt questioned starting salary. Council did not
suggest salary but encouraged the hiring of a qualified person.
The bookkeeper will also be out for some time due to surgery.
MAYOR REPORT
LMCD
The LMCD met with
this past week.
toYl'lrY\ l~
the Systems^~eR~rolRoard of the Metro Council
Lake Minnetonka Week at Canterbury Downs
A week has been designated as Lake Minnetonka Week in May.
Two free tickets will be sent to residents around the lake.
Arrangements have been made to use the Turf Club, reservations
are needed.
Hennepin County Water Board
The Hennepin County Water Board is looking for a new appointment.
Recycling
Rascop expressed disappointment in Super Cycle for not picking
up his recyclables.
-11-
MINUTES
MONDAY, MAY 9, 1988
PAGE 12
COUNCIL REPORTS
Meeting Time Limitation
Gagne suggested that future Council meetings go no later than
11:00 p.m. even if the meetings have to be held every Monday
evening. Haugen suggested study meetings for the first and
third Monday. Rascop recommended a 15 item agenda and other
items to be held over to the next agenda.
City Ward Systems
The Council was asked to consider the dividing up of the City
into Wards with elected council members to come from each
of the Wards.
EXECUTIVE SESSION
The Council went into Executive session to discuss the Bayswater
Road litigation at 12:02.
APPROVAL OF CLAIMS AND ADJOURNMENT
Gagne moved seconded by Haugen, to adjourn the Regular Council
meeting of Monday, May 9, 1988 at 12:12 a.m. (May 10, 1988),
subject to approval of payment of claims. Motion carried - 5 ayes.
GENERAL AND LIQUOR FUNDS - Acct. No. 00-00166-02
Checks #052907-052998
General
$ 49,882.53
Liquor
$ 43,506.40
Payroll Checklist:
Checks #202079-202116
Total
$ 11,155.21
$ 61,037.74
$ 2,746.39
$ 46,252.79
RESPECTFULLY SUBMITTED,
Robert Rascop, Mayor
Sandra L. Kennelly
City Clerk
-12-
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M,
Robert R<.
CQUN\
Jan Haug,
Kristi StOVt
Robert Gagne
Barb Braner!
ADMINISTRATOR
Daniel J, Vogt
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD . SHOREVIlOOD. MINNESOTA 55331 · (612) 474-3236
MEMO TO:
S t a f f -,.....rr/
Dan Vogt Y1 '
May 10, 1988
FROM:
DATE:
SUBJECT:
Dental Insurance
The City Council discussed employee dental coverage at their meeting
held on May 9, 1988. They made it clear that employee dental insurance
is to be paid for in full by the employee. This can be done by a
payroll deduction coming directly out of your payroll check.
~-,:---
Since it is nearly unanimous to go with dental insurance even if the
employee must pay the full premium. 1 will proceed to have a proposal
~. from a provider back to the Council on May 23. For a group this size,
100% participation is re9uired. This means that even though a few of
you were concerned with paying for the dental benefit, I won't let a
few employees ruin the program for the majority. If we go with Delta
Dental, which is a strong possibility, a waiver of coverage may be
signed provided that you have coverage elsewhere.
A meeting is being set up for a date early during the week of May 16
with representatives of Delta to discusS their program. you will all
be invited to attend to learn more about their plan and discusS this
whole topic further. Attached you will find information from Delta
which should give you a better idea of their dental program. Please
save your questions about their plan for that meeting.
Let me know if you have questions relative to this matter.
gs
Attachment
A Residential Community on Lake Minnetonka's South Shore
Rate Sheet
Businesses with 5-24 Employees
(See reverse for additional rates.)
Individual Family
\~c:,
'b- '2> ~~e ae9'(j. c:,
. (, \(,e o~'(j.. (, "\' e\;\~ . ·
00c:,\~~~e Se~ <:(-.ec:,~ ~e~ ~c:,\~ e~(,c:, (,~-&e
<j\0-i~e~e <Q?>~:P ~i\o~ ~~o~ ~o'\ ~~oc:,~ Oeo-J
Delta PreventiveSM $ 5.27
$16.67
100%
$ 0
Delta BasicSM
$ 8.95
$25.95
80%
80%
$25/75
Delta SelectSM
Option I $13.55 $36.50 100% 80% 50% 50% 50% $25/75
Option II 12.35 32.85 100% 80% 50% 50% 50% $50/150
Option III 12.70 33.95 80% 80% 50% 50% 50% $25/75
Option IV 11.55 30.55 80% 80% 50% 50% 50% $50/150
Delta Premie~
Option I $15.95 $42.95 100% 80% 50% 50% 50% $25/75
Option II 14.50 38.65 100% 80% 50% 50% 50% $50/150
Option III 14.95 39.95 80% 80% 50% 50% 50% $25/75
Option IV 13.60 35.95 80% 80% 50% 50% 50% $50/150
*The first amount indicates the individual annual deductible. The second amount is the maximum annual
deductible per family.
These rates are effective January 1, 1988 through Oecember 31, 1988.
4 Delta Dentat
.....
Businesses with 5 to 24 Employees:
. Delta SelectSM Benefit Designs
Delta SelectSM is a comprehensive, fee-far-service program that provides
businesses with 5-99 employees an affordable dental benefit option.
.
Option I 100%
Option II 100%
Option III 80%
Option IV 80%
This comprehensive program maintains high oral health standards by covering diagnostic, preventive,
restorative, periodontic, oral surgery, prosthetic and orthodontic procedures.
.
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00s '/...~e
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'Os ~#"e ,?-e'V ~s
c..e,,,\G aes\o ''0e~G ,"-\<:0'00 ,^e~Gs
. (, "OJ . o~ " 010' :i.,'S" '"-~ .
~~ ~~ ~''b~\ ~~?
\I~Y;
00G
'0'0
80%
80%
80%
80%
50%
50%
50%
50%
50%
50%
50%
50~'o
50%
50%
50%
50%
$25/75
$50/150
$25/75
$50/150
*The deductible does not apply to diagnostic anu preventive services.
$25 or $50 anr,ual deductible per person with a $75 or $150 maximum deductible per family.
. The employer pays the full cost of the dental program for each eligible employee and dependent
(if dependent coverage is selected), 100% dependent enrollment is required.
. There is a $1,000 annual benefit maximum,
. There is a $500 lifetime periodontic benefit maximum.
. Orthodontic coverage is not available to groups of this size.
Delta SelecfSll offers various benefit options based on copayments, deductibles, and covered services.
Businesses can tailor the dental benefits package to meet specific objectives and budget guidelines. A
sophisticated claim processing system provides extensive utilization review thus containing the
program's costs.
.
Businesses with 25 to 99 Employees:
. Employees in this group size can see any participating dentist and receive their regular dental benefits. By
selecting a Delta ChoiceSM dentist, however, employees can enhance their benefits: the deductible is waived and,
in some cases, the patient copaym8nt is lowered. (See chart below,)
Employees covered by Delta Selec~ can see any dentist - no need to preselect or
designate one dentist.
. 96 percent of Minnesota's dentists participate with Delta Dental.
. Delta's participating dentists agree to accept Delta's maximum approved fee as payment
in full. Fees higher than the approved amount will not be charged to the patient.
. Employers with 25 to 99 employees have the added benefit of using Delta ChoiceSM dentists - a
special network of member dentists. By doing so, subscribers receive additional benefits such as no
deductible, reduced out-of-pocket expenses, and in some instances a lower patient copayment.
(See accompanying chart - the option selected determines the extent of the enhanced benefits.)
Additional information on Delta ChoiceSM and a list of these participating dentists is available.
. If a nonparticipating dentist is selected, out-of-pocket expenses may increase.
. The Delta SelectSM Difference
. Delta SelectsM Benefit Designs
Option I
Regular Dental Benefits
Delta Choice5M Benefits
Option II
Regular Dental Benefits
Delta Choice5M Benefits
Option III
Regular Dental Benefits
Delta Choice5M Benefits
Option IV
Regular Dental Benefits
Delta Choice5M Benefits
Delta Select'sSM limitations mainly involve "elective" treatment, and pre-existing conditions
(missing/unreplaced teeth). In addition, employees play an active role in decisions regarding costly
treatment. Treatment covered by medical plans is exempt from coverage.
'b
fO~G
00 ~~e
r\\~g ,,'00
v ~,e
i\'S
'Os ~~e ,?-e'V ~s
'.;'l\G s\o' '0'\(, \<:0'00 ~(,S
'?J~S\(, se ~~\o' ,?-e ~,o~\'I\>-6\0S ~,os'S'e
"vi'
(,\\"
'000
'0
1 00% 80%
1 00% 1 00* /80%
1 00% 80%
1 00% 80%
80% 80%
1 00% 80%
80% 80%
80% 80%
50%
50%
50%
50%
50%
50%
50%
50%
50%
100%
50%
50%
50%
50%
50%
50%
50%
50%
50%
50%
50%
50%
50%
50%
~GS
<1>00
0<0.\'1
50%
50%
$25/75
$0
50%
50%
$50/150
$0
50%
50%
$25/75
$0
50%
50%
$50/150
$0
* 100% coverage on simple restorative IiIIlngs and emergency treatment.
**The deductible does not apply to diagnostic and preventive services $25 or $50 annual deductible per person with a $75 or
$150 maximum deductible per family
. The employer pays the full cost of the dental program for each eligible employee, 75% dependent enrollment
is required (if dependent coverage is selected),
. There is a $1,250 annual benefit maximum.
. There is a $500 lifetime periodontic benefit maximum,
. Orthodontics is an optional benefit at additional cost. There is a separate lifetime maximum of $1,000 per person
and a 12-month waiting period. If a group enrolled in a dental program with orthodontic coverage transfers to
Delta, the 12-month waiting period can be waived.
This summary brochure is subject to terms of the contract.
.
. Delta Dental's Advantages
[ mployers:
IiI Quality and cost control through full-time claim review
by consultants. No funding of unnecessary treatment.
1!' Flexibility to choose a dental program that meets
objectives and budget limitations. .
.. Easy employee enrollment and simple monthly billings,
Q No handling of claim forms.
III Educational materials are available to introduce the dental
program to employees.
.. Delta is easy to contact - headquartered in Minnesota.
Employees:
I': Out-of-pocket expenses are limited. Participating dentists
will not collect any unapproved fee from the patient
If Freedom to choose any dentist. however, if a
nonparticipating dentist is used, out-of-pocket expenses
may increase
II Estimates show the employee's share of major treatment
expenses prior to the work being done,
!II' Claim forms are already in dental offices and are
submitted directly to Delta by the dentist.
. Enhanced benefits are given to employees who visit a
Delta Choice dentist. This reduces out-of-pocket expenses
. Answers to questions are only a phone call away. Delta is
a local company,
. COVERAGE:
.. Diagnostic & Preventive
Examinations, once per 6 months
Full-mouth x-rays, once per 5 years
Intraoral x-rays, 6 per year
Bitewing x-rays, once per year
Panoramic film, once per 5 years
Prophylaxis or perio-prophy, once per 6 months
Fluoride treatment, once per 12 months
.. Basic Services
Amalgam restorations
Anterior resin restorations
Prefabricated crowns, once per 5 years
Endodontics
Nonsurgical periodontics, once per 2 years
Surgical periodontics, once per 3 years
Surgical/nonsurgical extractions
Other oral surgery
Space maintainers
Emergency treatment, dental pain
Anesthesia (general - in dental office)
. Major Restorations
Restorative crowns, once per 5 years
. Prosthetic Repairs, Adjustments
Denture adjustment, not first 6 months
Denture repairs
Rebaselreline, once per 2 years
Tissue conditioning, once per 2 years
Recement bridge
Bridge repair
.. Prosthetics
Dentures (full and partial), once per 5 years*
Bridges, once per 5 years
Alveoloplasty
Vestibuloplasty
. Orthodontics
Appliance therapy, minor
Comprehensive orthodontics
Diagnostic procedures
*Initial placement for at least one natural extracted tooth while
covered by program,
For a complete list of covered services and limitations/exclusions,
refer to the master contract.
Q Delta Dental,
7807 Creekridge Circle, PO. Box 330
Minneapolis, Minnesota 55440
(612) 944-5252 or (800) 862-6042
Outside Minnesota (800) 328-1188
/
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I
Delta Select~
~ Delta Dental~
May 8, 1988
Shor~{ood City Council:
Shor~{ood Planning Commiss ion:
City of Shor~{ood
5755 Country Club Road
Shor~Nood, Mn. 55331
Members of the Commissions:
I am Mary Hayes UlriT'1~, CO-OTNner with nw sister Nancy Joyce,
of the property at 5C:;50 Shore Road. The content of this
letter is in regard to the ad.iacent property at 5570 Shore
Road, now mmed by Mr. & Hrs. Robert Miesen.
Last February nw brother, Jerry Hayes, 5560 Shore Road, and I
met r.nth the Miesens to look over the plans for remodeling
the res idence at 1)570. At that time i{e '{ere sho~m how a
second story "TOuld be added to the then present structure.
They also showed ,{hat remodeling .,muld be done to the first
level. At no time during that meeting ""as there any indication
or discussion about razing the existing structure.
....J
In order to aid the Miesens in p'aining approval of the plans
presented to us, my brother and I signed a letter indicating
that we, as neir'hhors, ,{ould have Iii obj ection to what they
planned to do. We gave the letter to them to use, if necessary,
in getting their plans a-pproved.
This is not to say that had they included the razing of the
original structure in the -plans presented, tha.t we, as neigh-
bors ~TOuld have ohjected. lI-y point is that demolition"WIilS
not included in the -plans present that we ap~oved '3S not"
heIng ob.iection'lble.
I understand this project has no'" been put on hold. live are
concerned about the hazard that eyists30nthe property. ~fe
request that proper safety -precautions he taken at the site.
'1e would suggest removal d)f the debris and fencing off the
site to avoid any injury t 0 in1uistive children Hho live and
play in the area.
Sincerely, .
m~ JJ~-.J~
Mary Hayes Ulring
6033 Kaymar Drive
l<):iina, Mn. C:;5436
cc: Planning Commission
T. GERALD HAYES
5560 SHORE ROAD 'Jtur 1.. c, D D
SHOREWOOD, MINNESOTA 55331 , - _a cr: I 7 ~ iT
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Dental Insurance
Page Two
If the Council favors offering dental insurance to its employees and
chooses a payment alternative, I will have vendors meet with staff to
discuss coverages. A recommendation will then come back to you as to
the recommended vendor to provide dental insurance with the best
coverage and value to the employees.
Please contact me if you have any questions relative to this proposal
prior to Monday night. Also, I would be interested if you have any
ideas as to alternative vendors to provide the coverage.
slq
Attachment
cc: staff
CITY OF SHOREWOOD
PLANNING COMMISSION MEETING
WESDAY. 3 MAY 1988
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
7:30 P.M.
MINUTES
CALL TO ORDER
Vice-Chair Schultz called the meeting to order at 7:34 P.M.
ROLL CALL
Present: Vice-Chair Schultz; Commissioners Spellman. Leslie. Mason and Benson;
Council Liaison Stover; Planner Nielsen; Planning Assist. Helgesen.
Absent: Chair Watten and Commissioner Robertson (both excused).
APPROVAL OF MINUTES
Spellman moved. seconded by Leslie to approve the minutes of 5 April 1988 as written.
Motion carried unanimously.
Leslie moved. seconded by Spellman to approve the minutes of 19 April 1988 as written.
Motion carried unanimously.
7:30 P.M. PUBLIC HEARING - SETBACK VARIANCE
Bert Monten - 5045 Shady Island Road
Planner Nielsen explained that Mr. Monten is requesting a two-foot setback variance after
the fact. He was issued a remodeling permit in 1984 that did not include the attached
garage with living space above it. which subsequently was built 8 feet from the easterly
side lot line.
Mr. Monten explained that he had planned the addition to what he thought was ten feet
from the lot line. A recent survey of his property incidently shows a discrepancy from
the original westerly side lot line causing his lot to be two feet more narrow. The
discrepancy does not affect the side lot line setback for which he needs a variance.
Public portion of the public hearing opened at 7:38 P.M.
Chuck Ostroot. 5065 Shady Island Road. said he is mainly concerned about the elevation of
the house - the garage addition is at least 2 feet higher than the house. He said he is
also getting more runoff from Monten's lot now and some dirt has been washing onto his
property.
Neighbor. 2 lots west of Monten. said he doesn't see a problem with the setback variance
as long as Monten is building within the Building Code requirements.
Public portion of the public hearing closed at 7:49 P.M.
Leslie said she is more concerned about Monten's building without a permit at this
point. It wouldn't seem reasonable to require him to tear the structure down.
Spellman said that the building activity should have been noticed by the Building
Inspector. Planner Nielsen stated that the inspector does not go out to Shady Island as
often as the mainland of the City. and it is the builder's responsibility to call for an
inspection.
Mason suggested increasing the violation penalties.
Minutes
Planning Commission Meeting
3 May 1988
Mr. Senn said that he would prefer not to be required to construct a four-foot fence
along the southeast corner of the lot. He said the trash enclosure will be located there
providing something of a screen itself. He would like to have signage able to be viewed
from Country Club Road. He does not want to dedicate the 17 feet of r.o.w. to the City
along Country Club Road. He would like to be able to rebuild the billboard in a new
location rather than relocate the existing structure. He said he will not know exactly
how large the fast food building will be until it is leased. and approval for conceptual
plan is being requested at this time.
Public portion of the public hearing closed at 9:37 P.M. without comment.
Spellman moved. seconded by Benson to recommend to Council approval of the conditional
use permits and variances subject to the Planner's recommendations and contingent upon
the dedication of 17-feet of additional r.o.w. along County Club Road; relocation of the
billboard as it currently exists; submission of a signage plan which will require further
approval of a separate C.U.P. for multiple signage. Motion carried unanimously by roll
call vote - 5 ayes.
This item will appear on the Council agenda of 9 May 1988
MATTERS FROO: THE FLOOR
None.
REPORTS
Council Liaison Stover reviewed the previous agenda items.
Planner Nielsen reported that Wayne Pokorny has requested reconsideration of the
Council's denial of his South Forty Addition preliminary plat. The Council has directed
staff to review the new plat and set public hearing before the Planning Commission at its
next meeting.
ADJOURNMENT
Benson moved. seconded by Mason to adjourn the meeting at 10:25 P.M. Motion carried
unanimously.
Respectfully submitted.
Patti Helgesen
Planning Assistant
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