042787 CC Reg AgP
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CITY OF SHOREWOOD
6:30 P.M. - AUDIT REPORT MEETING
7:30 P.M. - REGULAR COUNCIL MEETING
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
APRIL 27, 1987
; i
AGE N D A
/
cAlk,' TO ORDER
A. Pledge of Allegiance
B. Roll Call
Stover
Gagne
Brance1
Mayor Rascop
Haugen
1. APPROVAL OF MINUTES
..
A. Regular Council Meeting - April 13, 1987
, (Att No.1A - Minutes)
B. Special Council Meeting - April 8, 1987
(Att No.1B - Minutes)
2. MATTERS FROM THE FLOOR
A.
B.
3. PLANNING COMMISSION REPORT
A.
B.
4. PARK COMMISSION REPORT
A.
B.
5. CONSENT AGENDA
A. Sign Perm~t Request
Applicant: Dick Moore
Location: 24470 Smithtown Road
(Att No. 5 - Memo)
Moved
Second
Vote
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AGENDA
page two
PUBLIC HEARING - 7:45 P.M
6. SHOREWOOD OAKS IMPROVEMENT PROJECT 87-1
A. Applicant: Dave Johnson
Location: Shorewood Oaks - St. Highway 7 & Strawberry Lane
B. Shorewood Oaks Bid Recommendation
C. Bonding Procedures - Shorewood Oaks
PUBLIC HEARING ~ 8:00P.M.
, 7. CONCEPT AND DEVELOPMENT STA~E - P. U. D.
Applicant: Lake Minnetonka Homes, Inc.
Location: 5.15 Acres, Approx. 250 East of Country Club Rd.
and 150 South of Echo Road'
(Att No.7A - Staff Report)
(Att No.7B - Engineers Report)
(Att No.7C - Correspondence)
8. SHOREWOOD PLACE APAR~MENTS - P.U.D. - Continued
Applicant: Shorewood Oaks Partnership
Location: S.W. Corner of Glen Rd. and County Road 19
*Refer to packet of 4/13/87
9. FERNCROFT SUBDIVISION - RECONSIDERATION OF STREET VACATION
Applicant: Mrs. Wang
10. ALBRECHT DIVISION - RECONSIDERATION
Applicant: Dave Albrecht
Location: 5860 Eureka Road
(Att No.10 - Letter)
11. ATrORNEYS REPORT
A. Status Report in Condemnations:
S.E. Area Water Tower Site
Eureka Road Drainage - Majestic
B.
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12. ENGINEERS REPORT
A. 1987 Street Improvement Project 87-2
B.
13. PLANNERS REPORTS
A. Minnetonka Country Club Complaint
B.
14. ADMINISTRAfIVE REPORT
A. Curry Farms Development - Chanhassen
Lilac Lane Traffic Concerns
B. Resolution Proclaiming Clerks Week
C. Caution Blind Entrace Sign Request
D. Dicuss Contract Mowing
E.
15. MAYoRS REPORT
A.
B.
16. COUNCIL REPORTS
A.
B.
17. APPROVAL OF CLAIMS AND ADJOURNMENT
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(Att No.12 - List of Streets
for Improvement)
(Att No.14A - Memo)
(Att No.14B - Resolution)
(Att No.14C - Letter of
Request)
CITY OF SHOREWOOD ...,>.'
REGULAR COUNCIL MEETr~~
MONDAY, APRIL 13, 1987
, "''Y' ~ ~../I
.. . ~~.;. CHAMBERS
~1~ NTRY CLUB ROAD
7:30 P.M.
M I NUT E S
CALL TO ORDER
,
The Regular Meeting of the Shorewood City Council was called to order
at 7:35 P.M., Monday, April 13, 1987, in the Council Chambers by
Mayor Rascop.
PLEDGE OF ALLEGIANCE AND PRAYER
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I.
Mayor Rascop opened the Regular Council Meeting with the Pledge of
Allegiance and a prayer.
ROLL CALL
Present: Mayor Rascop, Councilmembers, Haugen, Gagne, and Brancel
(Stove r absent)
Staff
Attorney Froberg, Engineer Norton, Administrator Vogt,
Planner Nielsen, and Clerk Kennelly.
APPROVAL OF MINUTES
Haugen moved, seconded by Brancel, to approve the Council minutes of
the March 23, 1987 as written. Mot10n carried - 4 ayes.
MAnERS FROM THE FLOOR
Mayor Rascop called for Matters from the Floor and none were
received.
PARK COMMISSION REPORT
Commission member Jim Andrus reported the on site review of Freeman
Park. The Comm1ssion was very pleased with the work done on the
trails by the City crew, but they feel the drainage ditch dug by
Shorewood Oaks needs immediate attention. The Commission feels
that it could be dangerous to children.
Quotes to sod Badger football field and seed to complete Manor Park
poftball field have been received. C.G. Braun Turf Farms has
submitted a quote of $8,150.00 to sod Badger, afte~ the bad fill is
removed, and $9,750.00 to add 3" of top soil and seed the Manor
softball field. The top soil will be removed by the City.
Brancel moved, seconded by Gagne, to approve the expenditure not to
exceed $8,150.00, for the sodding of Badger field. Motion carried
- 4 ayes.
Brancel
exceed
field.
moved, seconded by Gagne, to approve the expenditure not to
$9,750.00 for 3" of top siol and seeding of Manor softball
Motion carried - 4 ayes.
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Council Minutes
Monday, April 13, .7
page two
.
PARK COMMISSION REPORT - cont.
Administrator Vogt reported that
currently obtaining a dock from
The city had ordered a dock from
requir ing an agreement holding
the event of a malfunction.
the City and Tonka Bay were
Crepeau Dock for Crescent Beach.
Serv-A-Dock, but Serv-A-Dock was
their company totally harmless in
CONSENT AGENDA
1987 WEED SPRAYING CONTRACT
Haugen moved, seconded by Gagne, to approve the Consent Agenda by
awarding the 1987 weed spraying contract for spraying road right-of-
ways and parks to Jim Mahoney in the amount of $2,460.00. Motion
carried - 4 ayes.
PUBLIC HEARING
CONCEPT AND DEVELOPMENT STAGE - P.U.D.
SHOREWOOD PLACE APARTMENTS
Mayor Rascop opened the Public Healing at 7:40 p.m. to hear a request
from Shorewood Oaks Partnership for concept and development stage
approval for a P.U.D. for an 18-unit Apartment building at Glen Road
and Coun ty Road 19.
Mark Steingas introduced his partner Jack Dennis and proceeded to
present their plans. The Shorewood Place Apartments will consist of
18-2 bedroom units, 18 garages and 27 parking spaces. The exterior
of the building and garages will be brick and cedar and the building
will be 2 1/2 stories in height. They are proposing a ponding area
that will hold a 100 year storm.
Resident Dave Turgeon asked where the entrance to the building is
proposed. Steingas stated that it would be 350' south of Glen Road
on County Road 19.
Mayor Rascop closed the Public Hearing at 7:58 p.m. after asking for
futher public comment and receiving none.
Planner Nielsen reviewed his 10 recommendation~ and indicated that
they have complied with mo~s. the recommendations, all others will
be complied with in the fina" la ~tage.
PI~,
Nielsen reviewed options proposed by the Fire Marshall in order to
provide adequate fire protection for the apartments. Nielsen felt
there was not enough area provided for the turning around of fire
trucks or moving vans. Mr. Steingas does not want to add additional
asphalt, he would like to maintain the proposed landscaping. Nielsen
asked about a turning T to be added next to the building.
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Council Minutes .
Monday, April 13, 87
page three
.
SHOREWOOD PLACE APARTMENTS - cont.
Rascop questioned the driveway and parking lot construction. Gagne
asked about connection to municipal water and the installation of a
sprinkling system. Developers were in agreement to connect to
municipal water if it was available but the sprinkling system is
expensive to install. The building will have smoke detectors and an
alarm, it does meet the requirements of the Fire code. He felt the
added cost of the sprinkler system would cause an increase to the
renter of $150.00 per month and this type of building could not rent
the units for that price, approximately $750.00 per month.
Engineer Norton
Tonka Bay) would
municipal system.
did feel that the backup system (in connection with
supply adequate fire protection if connected to a
Haugen moved to table the request until additional information can be
obtained regarding required sprinkling in other cities, seconded by
Brancel. Motion carr~ed - 4 ayes.
SIMPLE SUBDIVISION - 22375 MURRAY STREET
Planner Nielsen presented a request for a lot line rearrangement in
order to allow the neighbor to own his driveway that is presently on
Mr. John Flesher's property at 22375 Murray Street. Staff and
Planning Commission recommended an easement be granted to the
neighbor instead of a division. Nielsen stated that the neighbor has
requested to withdraw the request, but Mr. Flesher must do that.
Haugen moved, seconded by Brancel, to table the request until Mr.
Flesher takes appropriate action. Motion carried - 4 ayes.
EQUIPMENT BIDS
Public Works Director
recommendations from
tractor-loader-backhoe
sanders.
has not returned from vacation but made
the bids received on Apr11 3, 1987, for one
and 2 (two) diesel dump trucks, plows and
Tractor-Loader-Backhoe
RESOLUTION NO. 35-87
Gagne moved, seconded by Haugen to grant the tractor bid to Long Lake
Ford Tractor, in the alfiount of $27,694.00 and stated that the bid
best met the specifications ordered. Motion carried by Roll Call
Vote - 4 ayes.
Two Diesel Dump Trucks & Equipment
RESOLUTION NO. 36-87
Gagne moved, seconded by Brancel, to grant the diesel
to Boyer Trucks, Inc. in the amount of $104,756.00.
meets the specifications ,and will give uniform1ty to
Motion carried by Roll Call Vote - 4 ayes.
The City will be trading the tandem dump and the gasoline engine
Ford.
dump truck bid
This bid best
the equipment.
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Council Minutes .
Monday, April 13, 87
page four
.
OFFICE SPACE NEEDS ANALYSIS
The City received proposals from three architectural firms to do an
office space needs analysis. The Council spoke to each of the
representatives from these firms.
Bob Russek of Bonestroo, Rosene, Anderlik & Assoc., Inc. began the
presentation. He introduced Gene Coffey of C.P.M.I., Inc. as the
firm that would be doing the space planning for the equipment and
activities. Council had questions on the basis for the fees and
thanked them for their time.
COUNCIL BREAK 9:10 - 9:15 P.M.
CONTINUATION OF NEEDS ANALYSIS INTERVIEWS
The second presentation was Frank Reese of Israelson, Reese,
Ellingson and Assoc., Inc. He indicated that they would do an
analysis of what is currently here now, inventory, and then determine
the future needs. Mr. Reese would be the pr1mary contact and Sue
Kakuk would do the space planning.
Rascop asked Reese
expansion. He felt
basement could be done.
if the current building was designed for
only to the east and possibly some use of the
Nick Ruehl, President of E.O.S. Corporation reviewed his experience
in this area and current projects he is working on. He feels there
is a real need to listen to the people and find out their concerns.
Gagne asked if the property the City owns next door will be included
in the analys1s. He would 1nclude this house for $500.00 over his
present quote.
John Br idge of
needs analysis,
building next
analysis should
Rascop indicated
should go for Met
the Financial Advisory Board asked the history of the
was it triggered by the object10n to the use of the
door as an office facility. Bridge thought this
include the entire area, public works and park land.
that the RFP only included the office space and
Council maximum population projections.
Council discussed the f1rms proposal and whqt would best suit the
cities needs.
Brancel moved, seconded by Gagne, to accept the proposal from E.O.S.
Corporation. Motion carried - 4 ayes.
ATTORNEYS REPORT
S.E. Area Water Tower Site
Attorney Froberg has
indicating that the
that the city would
total cost to the City
received information from Ken Klock, of MnDot
appraisal has been completed on the property
like for the S.E. Area Water Tower Site. The
for this ~ is $1,500.00.
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Council Minutes ~
Monday, April 13, ~
page five
.
ATTORNEYS REPORT - cont.
S.E. Area Water Tower Site - cont.
City Hall Lawsuit
by Gagne, to accept the appraisal as being
to enter into a contract with the State
the property. Motion carried - 4 ayes.
~
0>> c.iO/fifLJ 8~r
Froberg has received the order from the Judge dismissin~ the City
of all judgements in the City Hall lawsuit of non payment of
subcontractor by the general contractor.
Haugen moved, seconded
acceptable and agree
subsequent to acquiring
Junk Ordinance
ORDINANCE NO. 195
Froberg submitted a new Junk Ordinance that would allow the city to
speed up the process of removal of junk from private residences
where violations exist. This would allow for one notice to be sent
or given to the owner and if nothing is done or no appeal has been
made, the city can act on the removal after 10 days.
Council reviewed th1s draft and added amendments and included
"unlicensed vehicles".
Haugen moved, seconded by Gagne, to accept the draft of the Junk
Ordinance includ1ng verbal amendments and waiving the 2nd reading.
Motion carried - 4 ayes - to adopt the Ordinance.
Eureka Road Storm Sewer Status
The appraisal from Majestic's appraiser still has not been
received. Procedure would be to exchange appraisals and determine
validity of the appraisals. Froberg would like to proceed with
condemnations proceedings.
Gagne moved, seconded by Brancel, to direct the Engineer to prepare
plans and specifications for this drainage project. Motion carried
- 4 ayes.
Water Ordinance for Commercial Use and Multi Familv Units
ORDINANCE NO. 196
Froberg clarified
users and mul tiple
for connection.
requirements.
that this Ordinance would only affect Commercial
units of five or more where water is available
This Ordinance does not address sprinkling
Rascop moved, seconded by Gagne, to amend the draft to include 2 or
more living units required to hook up to water.
Rascop moved, seconded by Gagne, to waive the second reading and
adopt the Ordinance as amended. Ordinance adopted - 4 ayes.
-5-
Council Minutes .
Monday, Apr:rl 13, 87
page six
.
MWCC Conditional Use Permit
RESOLUTION NO. 37-87
Froberg submitted
Conditional Use
Virg:rnia.
the
Permit
Resolution and final landscape plan for the
with MWCC for the lift station at Lake
Gagne moved, seconded by Haugen, to approve the Conditional Use
Permit as submitted. Motion carried by Roll Call Vote - 4 ayes.
Rottlund Law Suit
Rottiund has obta.!.ned a temporary :rn]unction, effective April 1,
1987, to allow 5 ton weight lim:rt on portions of Vine Hill Road,
Covington Road and the road with:rn the Covington Vine Ridge
project. They have to submit a $15,000.00 bond for damage done to
the roads caused by the 1 ton additional weight over and above the
4 ton limit of the Ordinance. The City inspected the areas on
Apr~l 1, and will reins~ect May 1, for difference in damages to the
street.
Opposition to Wine Sales in Grocery Stores RESOLUTION NO. 39-87
The City has been notified that there is a bill before the
Legislature that could allOW grocery stores presently selling 3.2
beer, to be allowed to sell wine also. The r,1Unicipal liquor stores
are highl}-' opposed to this change.
Rascop Idoved, seconded by Gagne, to adopt a Resolution to be
submitted to the Legislature stating their opposition to this
bill. Motion carried by Roll Call Vote - 4 ayes.
ENGINEERS REPORT
Approval of Plans & Specification for the S.E. Area Pump House
RESOLUTION NO. 38-87
Ensineer Norton re~uested the approval of ~ians and specifIcations
and to autllOl ize advel tl.Selllent for bl.ds for the pun.p house for the
S.E. Area Watei System.
CoUnCl.l rev.l.ewed the p.!.ans and Norton eXI-jalned the bUllch_ng
des:rgn.
Gagne moved,
Specifications
Hay 26, 1987.
seconded by Haugen, to approve the Plans and
and to authorize advertisement for blas to be opened
Motion carried - 4 ayes.
Council ques tioned the need for iron remova.L or softening tr-eatment
in the future. Norton stated that an additional building 30 x 50
would be needed to house th.l.s type of facility.
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Counc~l Minutes
~londay, Apn.l. 13, .7
f'age seven
.
ENGINEERS REPORT - cont.
Water Tower Style
Staff wanted to
The Council will
soon.
confirm the Councll choice of water tower deslgn.
review designs ~n person and decide on a style
PLANNERS REPORT
Construction Sign Permit - Near Mountain
Mlke Pflaum has requested a
construction sign at McKinley
allowable size limlts.
sign permit to
Place. This
install a 8 x 8
slgn 15 within the
Haugen moved, seconded by Gagne, to a~prove the sign permit as
requested. Motion carried - 4 ayes.
Village Pump Construction Red Tagged
Nielsen "red tagged" the improvements to the Village Pump
building. The owner has indicated that he wants to put a video
store in. Nielsen would like to see a list of uses when he submits
his building permit request. He questions if the uses are
allowable under the Ordinance. The fire marshall will be doing a
report on the gas tanks. Council asked about the present outdoor
storage use. Nielsen stated that the owner has already stated that
he will remove the storage if required by the City. Haugen asked
if the City should inquire if the owner of Village Pump might be
interested in selling part of all of that property. Vogt will
discuss this with the property owner.
ADMINISTRATORS REPORTS
Contract Mowing of Parks
Administrator Vogt has been looking into the possibilities of
contracting out the park mowing. Zdrazil is in favor of this due
to the increasing responsibility of the parks when the regular work
load is increasing. Vogt will continue to obtain informatlon on
what services would be provided. ·
Auto-Dialer Purchase
Prices have
Badger well.
$875.00 plus
Munitech.
been obtained for an auto-dialer to be installed in
Staff recommends the purchase of an auto-dialer at
a phone line, to be installed and purchased by
Rascop moved, seconded by Gagne, to approve the purchase and
installation of the auto-dialer. Motion carried - 4 ayes.
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Council Minutes
Monday, Apr~l 13,
page eight
.
.
ADMINISTRATORS REPORT - cont.
Joint Energy Commission
RESOLUTION NO. 40-87
A ResolutLon has been submitted for approval for the City to enter
into a Joint Commission establishing a recycling program and ]OLnt
powers agreement. Rascop stated that the Islands would be ]oinLng
with the Minnetrista and Mound group. The rest of Shorewood would
be with Deephaven, Excelsior, Greenwood, Tonka Bay and Woodland.
Brancel moved, seconded by Gagne, to adopt the Joint Power
Resolution and sign a Joint Powers Agreement for the Energy
Commission. Motion carried - 4 ayes. A Joint Powers Agreement in
its final form will corne back to the Council for review.
Resignation of Tad Shaw as Minnetonka Community Services
Representative
A letter of resignation has been received from Tad Shaw due to his
at large appointment to the Community Services Board. Council
accepted his resignation and will be contacting Jim Jones of
Community Services for an interested person as a replacement at
Shaws suggestion.
MAYORS REPORT
Police Summary Report
Rascop asked if the Council has any questions regarding the summary
or the Police budget. There were none. RFP'S have been sent for a
new police building. The audit report is available for review.
The LMCD financLal statement is also available.
COUNCIL REPORTS
Load limit violations have been reported on Lilac Lane. Police
will be informed.
The AMM meeting wil~ be held on May 28 for recommendations for open
seats on the Board of Directors.
Council authorized Jan Haugen to attend the League of Minnesota
Cities conference in Rochester.
Council questioned the status of the filling on the Brooks Hauser
property. Nielsen stated that he is corning in for a variance
request to fill withLn 20' of the lakeshore. That is the only
actual violation. Council feels there should be restriction
controls regarding shoreline or marginal land fil~ing.
Council supports a Resolution being drafted and sent to the
Watershed requesting that they do not approve permits on shoreline
or marginal lands without a complete review of the request.
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Council Minutes
Monday, April 13,
page nine
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EXECUTIVE SESSION: PERSONNEL POLICIES
APPROVAL OF CLAIMS AND ADJOURNMENT
Gagne moved, seconded by Brancel, to adjourn the RegulaI Council
Meeting of April 13, 1987 at 12:20 a.m. (Tuesday) subject to approval
of claims for payment. Motion carr1ed unanimously - 4 ayes.
General and Liquor Funds - Acct. No. 00-00166-02
General
Liquor
Total
$59,638.75
$ 8,272.47
$67,911. 22
$18,067.71
$ 2,752.00
$20,819.71
Checks # 050461 - 050524
Payroll Check List:
Checks # 201116 - 201143
Mayor Rascop
RESPECTFULLY SUBMITTED,
Sandra Kennelly
City Clerk
SK/slt
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CHECK NO
050461 (G)
050462 "
050463 "
050464(G&L)
050465 (G)
050466 "
050467 "
050468 "
050469(G&L)
050470 (G)
050471 (G&L)
050472 "
050473 (G)
050474 "
050475 "
050476 "
050477 "
050478 "
050479 "
050480 "
050481 "
050482 "
050483 "
050484 "
050485 "
050486
050487
050488
050489
050490
050491
050492 "
050493 "
050494 "
050495
050496
050497
050498
050499
050500
050501
050502
050503
050504 "
050505 "
050506 "
050507 "
050508(G&L)
050509 (L)
050510 (G)
050511 "
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GENERAL & LIQUOR FUNDS - BILLS PAID SINCE APRIL 8, 1987
.
TO WHOM PAID
The Bank Excelsior
Municipal Clks & Fin. Assoc
Medcenters Health Plan
Minnegasco
MN State Treasurer
MN Dept. of Health
Evelyn T. Beck
U.S. Postmaster
The Bank Excelsior
VOID
Public Empi. Retire. Assoc
Commissioner of Revenue
Child Support Enforc. Unit
City-County Credit Union
ICMA Retirement Corp.
American Linen Supply Co.
Earl F. Andersen & Assoc.
AT&T Consumer Products Div.
AT&T Communications
Chaska Parts Service
City of Minnetonka
Conway Fire & Safety
Rolf E.A. Erickson
Acorn Services
Long Lake Ford Tractor
Louisville Landfill, Inc.
Mac Tools
H.C. Mayer & Sons, Inc.
Midwest Animal Services, Inc.
Midwest Mailing Systems
Munitech, Inc.
Navarre Hardware
Newark Electronics
NSP
Orr-Schelen-Mayeron & Assoc
Snap-On Tools
Jim Hatch Sales Co.
Office Products
Perry's Truck Repair & Weld.
Power Brake Equipment Co.
Ranger Products
S.L.M.P.S.D.
Tonka Auto & Body Supply
Twin City Stamp & Stencil
Weekly News, Inc.
Young's Flowers of Distinct.
Ziegler Tire Service Co.
Froberg & Penberthy, P.A.
Commissioner of Revenue
Daniel J. Vogt
Metropolitan Area Mgr. Assoc
PURPOSE
AMOUNT
Safety Deposit Box Rental-May,June $ 5.00
Certification-Sandra Kennelly 10.00
Employee Health Ins - April, '87 466.75
Util - Amesbury/Bldr.Brg/Liquor II 355.95
Bldg Permit Surcharge-4th Qtr '86 4,605.03
Plan Application-SE ArealShwd Oaks 300.00
Mileage/GFOA Mtg Exp-3/l6/87-4/8/87 26.37
1st Qtr. '87 Newsletter 172.91
04/11/87 Payroll - FWH/FICA 3,898.24
VOID 0.0
04/11/87 Payroll - PERA 1,185.67
04/11/87 Payroll - SWH 781.53
" " - Income W/H Order 145.00
" " - Credit Union 32.00
" " - ICMA 515.00
Laundry Svc. - City Hall/Garage 176.30
"No Fishing" Signs 101. 28
Telephone Svc - Public Works 17.40
" "- City Hall 1.65
Small Tools/Genl Supp1/Equip Maint-PW 111.64
Water Purchase - 1st Qtr. '87 1,625.64
Recharge/lnsp Extinq - City Hal1/PW 340.50
April, 1987 Assessing Fee 1,650.00
Copy Paper - City Hall 119.00
Equip Maint/Genl Suppl - Public Works 25.62
Dumping Fee 333.00
Ball Joint Separator - Public Works 19.35
1 Case Grease - Public Works 21.50
Animal Control - March, 1987 449.15
Equip Maint Contract-Postage Mtr/Scale 159.27
Maint Svc April, '87-Water/~ewer 4,175.00
Paint/Keys-Parks, Genl Suppl-PW 96.88
5 Relay Timers-Badger/Boulder Brg. 380.99
City-Wide Electricity 1,433.61
Engineering Fees - March, 1987 13,089.25
Socket - Public Works 27.20
Genl Suppl - Public Works 632.03
Servo Contract - Xerox Typewriter-CH 138.00
Truck Repair - Public Works 155.95
Brake Parts/Genl Suppl - Public Works 482.25
Genl Supplies - Public Works 8.08
Module Home Escort - 2 Cars 250.00
Brake Pads - Equip Maiht 8.04
Name Plate - Park Comm 7.60
Legal Notices 157.04
Flowers - Steinbring/Nielsen 45.94
Equip Maint - Public Works 304.86
Legal Fees, March, 1987 7,220.35
March, 1987 Sales Tax 5,449.43
Mileage - 3/11/87 thru 4/16/87 47.04
MAMA Luncheon - 4/15/87 - Vogt 10.00
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CHECK NO
050512
050513
050514
050515
050516
050517
050518
050519
050520
050521
050522
050523
050524
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GENERAL & LIQUOR FUNDS - BILLS PAID SINCE APRIL 8, 1987
TO WHOM PAID
(L)
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BellBoy Corporation
Coca Cola Bottling Midwest
Eagle Wine Co.
Griggs, Cooper & Co.
Johnson Bros. Wholesale Liq
NSP
Pepsi-Cola Bottling Group
Ed. Phillips & Sons Co.
Prior Wine Co.
Quality Wine & Spirits Co.
Public Employees Retire.
Norwest Bank Mp1s., N.A.
Braniff, Inc.
(G)
"
"
PAYROLL CHECK LIST
201116
201117 (G)
201118 "
201119 "
201120 "
201121
201122
201123
201124
201125
201126
201127
201128
201129 "
201130 "
201131 (L)
201132 "
201133 "
201134 "
201135 "
201136 "
201137 "
201138 "
201139 "
201140 "
201141 "
201142 "
201143 "
VOID
Daniel J. Vogt
Sandra L. Kennelly
Susan A. Niccum
Shelly L. Trinka
Evelyn T. Beck
Kathleen G. Schwank1
Bradley J. Nielsen
Patricia R. Helgesen
Charles S. Davis
Dennis D. Johnson
Daniel J. Randall
Howard V. Stark
Ralph A. Wehle
Donald E. Zdrazil
Russell R. Marron
Robert F. Nash
Christopher Schmid
Donald Tharalson
Ross Nasset
John F. Thompson
John F. Josephson
William F. Josephson
Susan M. Latterner
Steven D. Maeger
Christopher J. Meyer
Dean H. Young
Joel S. Bovee
PURPOSE
Liquor Purchases
Pop Purchases
Wine Purchases
Liquor/Pop Purchases
Wine Purchases
Utilities
Pop Purchases
Wine Purchases
Wine Purchases
Wine Purchases
PERA - Retroactive Pay-Kennelly
Bond - SEW IMP S-B 11-1-72
Clerks Intn'l Conf - Kennelly
SUBTOTAL - GENERAL
SUBTOTAL - LIQUOR
VOID
80 hrs
80 hrs Reg/ 496 hrs Retro Pay
80 hrs
80 hrs
80 hrs
80 hrs
80 hrs
64 hrs
80 hrs
80 hrs
80 hrs
80 hrs
80 hrs
80 hrs
80 hrs
41 hrs
40 hrs
13 hrs
30 hrs
17 hrs
20 Ius
80 hrs
30 hrs
53.5 hrs
33 hrs
80 hrs
12 hrs
SUBTOTAL - GENERAL
SUBTOTAL - LIQUOR
TOTAL - GENERAL
TOTAL - LIQUOR
- 2 -
AMOUNT
$
2,094.58
272.98
389.19
6,035.73
952.82
244.72
238.50
312.87
633.11
187.83
19.64
14,416.20
138.00
$ 59,638.75
$ 18,067.71
0.0
899.06
795.72
462.31
333.07
623.71
510.14
805.89
454.51
384.77
581. 59
604.00
532.04
478.67
806.99
486 . 77
198.85
146.30
65.00
126.85
80.70
85.91
518.75
118.69
229.16
150.01
486.81
58.20
$ 8,222.47
$ 2,752.00
$ 67,911.22
$ 20,819.71
CITY OF SHOREWOOD
_ SPECIAL COUNCIL MEEAG
APRIL 8, 1987 - WED~AY
COUNCIL CHAMBERS
57*OUNTRY CLUB ROAD
7:3 .M.
MINUTES
~
Mayor Rascop called the
p.m. to order to hold
negotiation strategy.
Special Meeting of April 8, 1987, at 7:30
an executive session to discuss union
ROLL CALL
Present:
Mayor Rascop, Councilmembers Gagne, Brancel, and Stover
(Haugen absent).
Staff
Consultant Karen Olson, Labor Relations Assoc., Inc.,
Administrator Vogt, and Clerk Kennelly.
UNION NEGOTIATION DISCUSSJON
This portion of the meeting was taped and is filed at the City
Attorneys office.
ADMINISTRATORS REPORTS
Salarv Discuss~on
Administrator Vogt reviewed for the Council the salary review held
December, 1986 w~th Clerk Kennelly at that time the salary increase
was held off at the request of Kennelly to discuss this further
with staff representative Stover and/or the Council. A meeting was
held with Stover and Kennelly was encouraged to contact the
. Council.
Council was
with other
area Clerk
salaries.
present with her request for an equitable salary base
managerial staff. and other City Clerks. She presented
salaries and a survey done by the Clerks Association on
Counc~l discussed the Stanton report and did further comparisons.
Council offered to increase her salary to $26,000 effective April
1, 1987 and $27,000 at the completion of receiving her CMC
certification. Also to give retroactive pay from January 1, 1987,
of the original increase given to review to $24,046.00.
Policv on Securitv Deposits
Vogt referred to the problem caused by the misplacement of a
security check received on a development proJect. Th~s check has
been insured with a "lost document instrument" at this time. This
loss of this check has caused concern regarding the coordination of
responsibility and author~ty with these types of bonds and
securities.
-1-
1i3
~ April 8, 1987 oJ .
page two
.
ADMINISTRATORS REPORTS - cont.
Policy on Security Deposits - cont.
Mr. Peterson, the developer, has asked for lost interest on his
check from the time this check could have been released. Council
supports that request. Staff will deposit all further securities
in a trust fund account or security box to insure no further
misplacements. Also the financial department will be notified of
the receipt of these securities in the future.
Weight Restriction Injunction
Vogt informed the Council of the Court injunction allowing a 5 ton
limit on porbions of the roads lnthe S.E. Area.
RFP - City Hall
Requests for Proposal for
out, and proposers will be
Council Meeting.
the City Hall need analysis have gone
interviewed at the April 13, 1987
Gagne commented on the need for additional land to build a salt
shed.
Beverly Road & Cajed Lane Petition
Vogt asked the Council if they would want to take action on the
Beverly/Cajed petition to cul-de-sac these roads. Councll will not
take further action until petitions request that action.
Equipment Purchase
Due to the noise factor of the prlnters in the control offlce, the
building/planning department has requested $311.00 for a sound
cover for their printer.
Rascop moved, seconded by Gagne, to approve the sound cover
purchase. Motion carried - 4 ayes.
Shorewood Oaks Drainage Ditch Complaint
The Park Comm~ssion has expressed concerns ~f the danger and
appearance of the drainage ditch from the Shorewood Oaks proJect
into the Freeman Park property. The ditch has stagnant water
standing in it. Council directed staff to inform Dave Johnson to
fill in the ditch immediately or the City will do the work and bill
him for the work done.
Staff is stil~ obta~ning bids to complete the park fields at Badger
and Manor.
-2-
April 8, 1987
page three
.
.
Chaska Road Junk Complaint
Council questioned the status of the Junk in the yard at 6020
Chaska Road. Vogt indicated that a new Ordinance will be submitted
for review that will enable the City to expedite the removal of
junk.
Street Survey
Council will do the yearly road survey for improvements at 8:00
a.m., Monday, April 20, 1987.
MWCC Easement
.
Mayor Rascop and Clerk Kennelly signed the easement granted to MWCC
for the installation of a new sewer l~ne off of Covington Road.
Park Commission Approval of Payment for Manor Park
Pavillion/Warming House Plan
The Park Comm~ssion has requested approval of payment of $350.00 to
an architectural firm for the building plan for Manor Park.
Rascop moved, seconded by Gagne to approve the $350.00 payment at
the receipt of plans of Manor Park signed by a registered
architect. Motion carried - 4 ayes.
ADJOURNMENT
Rascop moved, seconded by Stover, to adjourn the Special meeting of
April 8, 1987 at 10:32 p.m. Motion carried - 4 ayes.
Mayor Rascop
RESPECTFULLY SUBMITTED,
Sandra Kennelly
City Clerk
SKjslt
-3-
.
.
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
MEMORANDUM
TO: MAYOlt AND CITY COUNCIL
FROM: BRAD NIELSEN .lYr
DATE: 23 APRIL 1987
RE: MOORE'S AUTO - SIGN PERMIT
FILE: 405 (SIGN PERMITS)
Mr. Richard Moore has requested a sign permit for his auto sales business,
located at 24470 Smithtown Road. The proposed sign is shown on the attached
sketches.
Mr. Moore's request complies with the requirements of Shorewood's Zoning
Ordinance. The proposed sign contains 32 square feet of area. The require-
ment for the C-3 district is based upon the silhouette area of the building
as it is viewed from the street. The size of the building would allow
at least 40 square feet of signage, without even counting the triangular
shape of the gable end of the roof.
Since this has been listed as a consent agenda item, please contact me
prior to Monday night's meeting if you have any questions.
cc: Dan Vogt
Glenn Froberg
Dick Moore
A Residential Community on Lake Minnetonka's South Shore
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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: 3 APRIL 1987
RE: RIDGEPOINT P.U.D. - CONCEPT AND DEVELOPMENT STAGE
FILE NO.: 405 (87.10)
BACKGROUND
Mr. Richard Conry. representing Lake Minnetonka Homes. Inc. has requested
concept and development stage approval of a small planned unit development
for 5.15 acres of land located approximately 250 feet east of Country Club
Road and 150 feet south of Echo Road (see Site Location map - Exhibit A.
attached). The applicant proposes to develop three single-family residential
lots which will be served by a private' road (see Exhibit B. attached).
The only access to the site is a 66-foot easement over the two lots between
the subject property and Country Club Road. The northerly of the two
existing lots will use the private road as well as the three lots in
Ridgepoint. Since Shorewood allows only three lots to be served by a private
road. the applicant has asked that his request be processed as a planned unit
development.
The property is currently undeveloped and zoned R-1A. Single-Family
Aesidential. Land use and zoning surrounding the site are as follows:
North - single-family residential. zoned R-1C
East - undeveloped. zoned R-lA
South - undeveloped. zoned R-lA
West - single-family then golf course. zoned R-1A
The site is fairly heavily vegetated and is characterized by rather dramatic
topography which drops approximately 35 feet fran west to east.
The applicant proposes three lots ranging in size from 65.775 to 75.486
square feet in area. Additional background information is included in his
written statement contained in Exhibit C.
A Residential Community on Lake MinnetonkB's South Shore
7-11 D. L/
) )
.
Re: Ridgepoin t PUD
3 April 1987
.
.
ISSUES AND ANALYSIS
A. Zoning. Although private roads have been strongly discouraged in recent
years. Shorewood has adopted a policy which. by variance. allows as many
as three lots to be served by a private road (essentially where provision
of a public street is not feasible). Since the proposed private road
will serve four lots (the three new lots plus one of the existing lots on
Country Club Road) it was suggested that the request be processed as a
planned unit development. Among other reasons for the P.U.D. approach.
the P.U.D. provisions contain the mechanics for ownership and maintenance
of the private road.
The applicant has submitted proposed covenants and restrictions which
establish a homeowners association to maintain the road. While it is
clear that the three new lots will be involved in the maintenance of the
road. it is not known whether the one existing lot will also be involved
in the maintenance of the road. This is an issue which should be
clarified by the applicant.
In addition to the provisions for maintenance of the road. the proposed
covenants and restrictions contain greater controls than standard zoning
would require. For example. the proposed covenants provide for an
architectural review committee. and require two-car garages. minimum
square footage for dwellings and underground utilities. These and other
controls are contained in an excerpt from the applicant's declaration of
covenants (Exhibit D. attached).
We have received a letter (enclosed for your review) from a resident
whose property adjoins the east side of the subject site. Although the
writer displays a lack of understanding relative to planned unit
development. there is cause for questioning rezoning the property.
Currently. planned unit development provisions in our Ordinance always
involve rezoning. Another way of using P.U.D. is by conditional use
permit. This approach is typically used for clustering of single-family
dwellings or where more than one principal use might be located on a lot.
Planned unit development by C.U.P. would have been appropriate for
projects such as the Robert S.C. Peterson Addition and Silver Ridge where
clustered lots are served by private roads. In cases such as these. the
original zoning would remain unchanged. but any variations to setbacks.
provisions for common open space. development agreements. etc. would be
conditions of the conditional use permit. P.U.D. zoning would then be
reserved for more complex projects where a mixture of uses are proposed
(e.g. Waterford and Near Mountain).
Planned unit development by C.U.P. will require the same process as
zoning (i.e. notification of residents. public hearing. development
agreement. etc.) but simple projects will not have to overcome the stigma
associated with a change in zoning.
If the Planning Commission and Council agree with such an approach. a
draft Ordinance amendment can be prepared for a study session within the
next 30 days.
- 2 -
Re: Ridgepoin t PUn .
3 April 1987
.
B. Proposed Division. The proposed lots are considerably larger than the
R-1A district requires. The smallest contains 65.775 square ~eet in area
and they average 71.804 square feet.
It appears that the side lot lines for the middle lot have been defle~ted
in order to meet the 120 foot width requirement. It may be desireable to
straighten those lot lines to the extent possible. This will be
discussed further at the meeting on Tuesday.
Since one of the goals of P.U.D. is to preserve the natural features of
the property. it is recommended that construction limits be staked on the
site prior to construction. Any site alteration outside of those limits
should be limited to selective cutting of dead trees.
The proposed covenants for the P.U.D. specify a front yard setback of 35
feet. This is in error. The required setback for the R-lA district is
50 feet.
RECOMMENDATION
The proposed development is not considered to be unreasonable for the
property in question. Single-family development on large lots is consistent
with the current zoning of the property. and the P.U.D. provisions of the
Zoning Ordinance assure that the private road will be maintained. In this
light it is recommended that concept and development stage approval be
granted for the Ridgepoint P.U.D. The staff should be directed to prepare a
development agreement between the City and the developer as a final plan for
the P.U.D.
BJN:ph
cc: Dan Vogt
Glenn Froberg
Jim Norton
Richard Conry
- 3 -
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Exhibit A
SITE LOCATION
Ridgepoint P.U.D.
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the same or '
square feet. The proposed P.U.D~uld have lot sizes
74,000 square feet. All set back requirements will be
greater as set forth in thefR~ordinance.
'=<.12... I A
Section 200.25, Subdivision 5,a(6):
1.
Three
(a) .
new dwelling units: Total land area = 224,334 square feet.
Area devoted to residential use: Total area = 224,443 square
feet. Each rMelling shall occupy approximately 3,000 square
feet of land area. Total dwelling area = 6,000 square feet.
Ratio of residential area to total land area = 2.6%.
Exhibit C-l
APPLICANT'S P.U.D. STATEMENT
21350 Excelsior Boulevard. Excelsior. MN 55331
.
.
(b). All building types shall be single family detached house.
(c). Area of common open space shall be the ingress/egress easement
( 66' x 320' ).
(d). No area other than the ingress/egress easement not covered by
asphalt shall be devoted to open space.
(e). Area devoted to streets: 24 feet of the 66 foot wide ingress/
egress easement shall be asphalt. A cul-de-sac at the end of
the easement shall be 80 foot diameter asphalt.
(f). No off street parking other than the lot owners own off street
driveways shall be provided.
(g). There shall be no area devoted to commercial uses.
Section 200.25, Subdivision 5,a(7): The P.U.D. has only one stage of
development anticipated: installation of the private road and cul-de-
sac along with the extension of the sewer line from Country Club Road
to the P.U.D. lots property lines and extension of underground gas,
electrical, cable, and telephone service to each property line. After
all services are installed, all disturbed areas will be finish graded
and sodded or seeded. Each lot owner shall construct their house (subject
to protective covenants and The City of Shorewood ordinances requirements)
at the times convenient to them.
Section 200.25, Subdivision 5,a(8): The open space and road (the easement
along with the cul-de-sac) shall be maintained by the homeowners association.
Said homeowners association documents are attached to this statement.
Section 200.25, Subdivision 5,a(9): Protective covenants are attached.
Exhibit C-2
.
.
ARTICLE V.
USE RESTRICTIONS AND EASEMENTS
Section 1. Land Use and Bui1dina Tvoe. All Lots in said addition
shall be known as residential Lots, and shall not be used or occupied for
other than private one family residential purposes. All structures built or
to be built upon any Lot shall be built with a garage designed to accomodate
a minimum of Two (2) automobiles and any auxiliary buildings pe~itted by
the local municipality shall have exteriors constructed of the same material
used, or to be used, on the exterior of the house, and be of the same or
compatible architecture and color. Plans must be submitted as provided in
Section 2 below, for approval of all present or future remodelings or
additions.
Section 2. Architectural Control and Aoorova1 of Plans. No building
or free standing mailbox shall be erected, placed or permitted to remain on
any Lot until the building plan and the plat plan showing
(a) Floor plan of any proposed structures,
(b) Site and grading plan, indicating all setbacks, topography,
driveways, patios, pools or any other exterior fixtures proposed plus
finished floor elevations, exterior elevations and the height of the same
above street grade level, landscape planting plan,
(c) All exterior materials to be used on any proposed structure, with
notations as to type or kind together with sample color chips of all such
exterior materials, shall have been submitted to Lake Minnetonka Homes,
Inc., 21350 Excelsior Blvd., Excelsior, Minnesota 55331, or such architect
or architectural firm as Declarant may, in its sole discretion, designate.
Lake Minnetonka Homes, Inc. or designee shall review all plans properly
submitted to them and shall make their recommendation for approval or
rejection to Declarant, or its successors and/or assigns, which shall have
final authority, within its sole discretion, to approve or disapprove any
given plan. Approval or disapproval shall be based principally upon harmony
of external design and location in relationship to surrounding structures
and topography conducive to the development of a high standard residential
community. Plans shall be submitted in advance of construction and
Declarant or its designated architect shall have thirty (30) days thereafter
in which to approve or disapprove such plans. Failure by Declarant or its
6
Exhibit D-l
EXCERPTS - PROPOSED
PROTECTIVE COVENANTS
.
.
architect to act within such time shall constitute approval by them of such
plans as submitted and if no action to enjoin construction shall have been
commenced prior to completion of the building, approval shall be waived and
full compliance with this paragraph shall be conclusively presumed. All
mailboxes shall be uniform in design as selected by lake Minnetonka Homes,
Inc. All construction shall be completed within one year from the issuance
of the building permit. The authority herein reserved to approve or
disapprove building and plat plans may be delegated in writing by Declarant
to its successors and assigns who shall exercise such authority in the same
manner and subject to the same conditions hereinbefore set forth. Any such
delegation or change in the architect or any delegation of authority
hereunder to a successor and/or assignee of Declarant, shall only be
effective when designated by the Declarant in a written, recorded amendment
to this Declaration.
No dwelling of less than two stories shall be erected, altered, placed
or permitted to remain on any lot unless such dwelling contains at least
1,500 square feet of finished living area located above grade, exclusive of
area included within open porches and garages. No dwelling of two stories
or more shall be erected, altered, placed or permitted to remain on any Lot
unless such dwelling contains at least 1,900 square feet of finished living
space located above grade, exclusive of area included within open porches
and garages. No dwelling of the split level or split foyer design shall be
erected, altered, placed or permitted to remain on any lot unless such
dwelling contains at least 1,500 square feet of finished living area of
which a minimum of 1,200 square feet of finished living area must be located
above grade, exclusive of area included within open porches and garages.
All utility meters, located on the exterior of the building, shall be
concealed from view from off the site or architecturally treated to blend
with the building.
All sites shall be served by underground electric distribution
facilities. Such electrical facilities shall be located on or beneath the
ground surface. Poles, wires, or other above ground electrical service
distribution facilities may be temporarily installed during the construction
or repair of the underground electric cables and facilities, the grade or
contour of the land above the adjacent to said facilities shall not be
7
Exhibit D-2
.
.
substantially increased, decreased or otherwise changed or altered after
installation of the underground electrical system without the written
consent of the electric utility company providing such service.
Drainage and utility easements are hereby designated as shown on the
plat. No building, fence or other obstruction shall be placed over this
easement. Each owner shall be responsible for appropriate drainage to
street or drainage area with no run-off to adjoing lots. Excess fill or
earthy materials must be left on subdivision and cannot be removed without
prior written approval by any officer of Lake Minnetonka Homes, Inc.
Section 3. Nuisances. No noxious or offensive activities shall be
carried on upon any Lot, nor shall anything be done thereon which -.y be or
may become an annoyance or nuisance to the neighborhood.
Section 4. Setbacks. No building shall be located on any building
plat nearer tha~- ~to the front line, nor 10 feet to any side Lot
3""0'
line, provided, however, Declarant, as set forth in Section 2, may increase
the setback and side line requirements. ~r y<>.rJ - ~o~~t.
Section 5. Garaaes. Any garage erected shall be a part of, attached
to, or connected with the dwelling house, and shall correspond in style and
architecture with such dwelling, house or residence.
Section 6. Prohibitions. The following prohibitions shall be
observed.
(a) No "For Sale" signs greater than 360 square inches shall be placed
on any Lot except those of the vendors and of the individual Owner. No
other signs, including, but not limited to, Lot, garage sale,
identification, advertising or directional signs shall be placed within this
addition without prior approval of Lake Minnetonka Homes, Inc.
(b) No shedding poplars, box-elder or other objectionable trees or
shrubbery shall be planted.
(c) No garage shall be erected on any lot before the residence thereon
is constructed.
(d) No fence or wall shall be built to a greater height than four feet
six inches from the grade adjacent to the wall or fence at all points, nor
shall any wall greater than two feet in height be built within the front
lot, nor shall any fence other than open sp1ind1e, picket, metal, ranch, or
slat be built. Higher fences may be built only with prior written approval
8
Exhibit D-3
.
.
of Declarant.
(e) No garbage, ashes, refuse or refuse receptacles shall be placed or
left on any Lot so as to be exposed to view or become a nuisance. Storage
of all recreation and maintenance equipment, refuse, ash or garbage
containers shall be an integral part of the site development and relate to
the architectural form. No exposed refuse containers will be permitted. No
on sites unhoused storage will be allowed for excess material, or
infrequently used vehicles
(f) No cows, goats, sheep, or any domestic animal, poultry or fowl of
any kind, except cats and dogs, will be permitted to be kept on any part of
the Lots. If a kennel is desired, it shall be an integral part of the site
or structure design. The area shall be adequately fenced, visually
screened, constructed of maintained material and approved by Declarant prior
to construction. Horses will be permitted if approved in writing by the
adjoining lot owner and if permitted by the City of Shorewood and any other
governing governmental body.
(g) No soft coal, except smokeless coal, nor fuel of any kind giving
off black smoke, or strong or obnoxious odors of any kind, shall be used.
(h) Television and/or radio antennas shall be placed within the
structure and located so that they are not visible from adjacent homes.
(i) Clothes lines shall be retractable and will be housed when not in
use.
(j) All exterior lighting shall be shown on plans. No flashing Qr
brilliant lights shall be located as to infringe on a sight pattern from an
adjacent property. All forms of exterior lighting shall be subdued. The
light source should be concealed and directed to illuminate edges of
exterior spaces, plant forms, entires and walks, exposed fixtures should be
selected to integrate with the architecture in form and scale.
(k) Ornaments, including, but not limited to, precast concrete,
plastic or wood figurines, gazing globes, wishing wells and windmills shall
be prohibited, unless approved by Declarant prior to installation or
construction.
Section 7. Fill and Excavated Materials. Basic house profiles shall
correspond to the existing topography. Excessive cutting or filling will
not be accepted without adequate justification. Grading not relalpo to
9
Exhibit D-4
.
.
buildings, access or drainage is discourage. Normal direct and material
excavated from a Lot during the construction of the dwelling or garage,
shall not be removed from said addition without the written consent of
Declarant or its designated representative. Any direct or material so
excavated shall be placed by the party removing the same on a location 1n
said addition to be designated by Declarant or its designated
representative, and all such direct and material shall be and remain the
property of the Declarant, its successors and assigns.
ARTICLE VI.
GENERAL PROVISIONS
Section 1. Enforcement. The Association, or any Owner, shall have the
right to enforce, by any proceeding at law or in equity, all restrictions,
conditions, covenants, reservations, liens and charges now or hereafter
imposed by the provisions of this Declaration. Failure by the Association
or by any Owner to enforce any covenant or restriction herein contained
shall in no event be deemed a waiver of the right to do so thereafter.
Section 2. Severabi1itv. Invalidation of anyone of these covenants
or restrictions by judgment or court order shall in no wise affect any other
provisions which shall remain in full force and effect.
Section 3. Amendment. The covenants and restrictions of this
Declaration shall run with and bind the land, for a term of twenty (20)
years from the date this Declaration is recorded, after which time they
shall be automatically extended for successive periods of ten (10) years.
This Declaration may be amended during the first twenty (20) year period by
an instrument signed by not less than sixty six & two thirds percent (66
2/3%) of the Lot Owners, and thereafter by an instrument signed by not less
than sixty two & two thirds (66 2/3%) of the Lot Owners. Any amendment must
be recorded.
IN WITNESS WHEREOF, the undersigned has hereunto set its hand and seal
this day of , 1987.
LAKE MINNETONKA HOMES, INC.
~:
Richard Conry, Its President
#
10
Exhibit D-5
.
.
BASSFORD, HECKT, LOCKHART & MULLIN, P. A.
LAWYERS
MELVIN D. HECKT
GREER E. LOCKHART
WILLIAM E. MULL.IN
MACLAY R. HYDE
LYNN G. TRUESDELL
JEROME C. BRIGGS
L. H. MAY, JR.
JOHN M. DEGNAN
KEVIN P. KEENAN
REBECCA EGGE MOOS
JOHN M. ANDERSON
CHARLES E. LUNDBERG
GREGORY P. BULINSKI
DONNA J. BLAZEVIC
MARY E. STEENSON
REGINA M. eHU
MARK P. HODKINSON
JOHN R. SHOEMAKER
ANDREW L. MARSHALL
BONITA J. GIRARD
3550 MULTlF"OODS TOWER
MINNEAPOLIS, MINNESOTA 55402-3787
(612) 333 -3000
TELECOPIER (612) 333-8829
EDMUND T. MONTGOMERY
CHARLES A. BASSFORD
RETIRED
April 1, 1987
FRED B. SNYDER (1859 -1951)
EDWARD C. GALE ('862 -1943)
FRANK A.JANES (190B-1959)
NATHAN A. COBB, SR. (1905-1976)
BERGMANN RICHARDS (IB8e-'97e)
Planning Conunission
City of Shorewood
Shorewood City Hall
5755 Country Club Road
Shorewood, Minnesota 55331
RE: Concept and Development stage Approval of Plan Unit Development
by Lake Minnetonka Homes, Inc. and part of Lot 28, Auditor's
Subdivision #133, Hennepin County, Hinnesota
Dear Sir/Madam:
I reside at 5765 Echo Road in Shorewood. This property lies
inunediately contigUous to the most easterly border of the
property to be re-zoned in accordance with your Notice of
March 23rd.
My inunediate objection is to the proposed re-zoning of the subject
site as a Planned Unit Development. It is my understanding that
the developers have represented that they intend to put up
three single family residences thereon and that that zoning
request is not needed.
If the property is, in fact, re-zoned as the Planned Unit Develop-
ment, there may be no way to detour an amendment of the proposed
use providing multi-family dwellings, apartments or condominiums
on the site. Once zoned, it may be impossible to prohibit' the
use of the property within the prescribed zoning.
I would ask the Planning Conunission to deny the re-zoning Planned
Unit' Development and restrict the use of the property to single
family residences.
Very truly yours,
;~;J-Al . i /7
).;r: /- "".:i ( , ',.;;{::'.
L. H. May /Jr,
for
BASSFORD, HECKT, LOCKHART & MULLIN, P.A.
LHM:jaj
.
.
ORR.SCHELEN. MAYERON & ASSOCIATES. INC.
Consulting Engineers
Land Surveyors
April 2, 1987
City of Shorewood
5755 Country Club Road
Shorewood, MN 55331
Re: Grading, Drainage and Utility Plan
Preliminary Plat Review
Ridge Point Planned Unit Development
Country Club Road
Shorewood, Minnesota
OSM Comm. No. 1744.68
Dear City Officials:
We have reviewed the grading, drainage and utility plan for Ridge Point Planned
Unit Development (P.U.D.) on Country Club Road as prepared by Demars Gabriel Land
Surveyors, Inc. Our review comments will address the following items:
- Sanitary Sewer
- Water
- Storm Drainage and Grading
- Streets
SANITARY SEWER: They proposed that the P.U.D. would be served with an extension
of an existing sewer line from Country Club Road. The construction of a manhole
would be required over the existing 911 sanitary sewer. The existing line is
approximately 25 ft. deep in that area. As an alternative to this, we recommend
they pursue connecting to the exi sting adjacent MWCC sanitary sewer in the
abandoned railroad tracks to this property.
VATER: Watermain is not currently available to this site. Our assumption is
that these lots, if approved, will be served by individual wells.
STORM DRAINAGE AND GRADING: They did not propose a drainage and grading plan.
No storm sewer line exists in this area. They did not propose an erosion control
method. Prior to final approval they must supply a grading and drainage plan.
STREETS: They proposed a 340 ft. long cul-de-sac with a turn-around having a
roadway diameter of 80 ft. and a right-of-way diameter of 100 ft. However, the
existing City's Subdivision Ordinance for cul-de-sac turnarounds requires at
2021 East i-Iennepin Avenue. Suite 238 . Minneapolis, Minnesota 55413 · 612/331- 8660
/
.
.
Page Two
City of Shorewood
April 2, 1987
least 100 ft. diameter roadway and at least 120 ft. diameter right-of-way. Other
subdivisions have been developed with the smaller radii and we agree this de-
velopment can occur with the smaller cul-de-sac as well. The proposed cul-de-sac
shall meet the City's requirements. The proposed street easement is 66 ft. wide
with a 24 ft. roadway. The City's urban cross-section should be used in the final
design.
We wi 11 be happy to di scuss these review cOJllllents wi th you. If you have any
questions, please call me.
Respectfully,
ORR-SCHELEN-MAYERON
~Ip'EYj~
James P. Norton, P.E.
City Engineer
JPN:mlj
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@ DAVID Po ALBRECHT
H2S GRANT LORENZ
8ItOREWOOD. MIHM. ..
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Minnesota Department of Transportation
Transportation Building,
St. Paul, MN 55155
April 22, 1987
Phone 612-296-8647
Mr. Glen Froberg
Shorewood City Attorney
17736 Excelsior Blvd.
Minnetonka, MN 55345
In reply refer to: 7300
S.P. 2706 (12=28-iA)
Hennepin County
Parcel 26 - G. Tullock
Sale of Highway Easement
Dear Mr. Froberg:
The request of the City of Shorewood to purchase a portion of the
State's highway right of way as a water tower site for the City of
Shorewood has been approved. The area approved for sale is 200'x200'
and is shaded in red on the enclosed map.
An appraisal has now been completed which establishes the value of the
State's easement to be sold at $1,500.00. Upon receiving payment of
this amount by City Warrant and made payable to "Commissioner of
Transportation - Trunk Highway Fund" we will convey the State's
highway easement to the fee owner of record. It is our understanding
that the City will now pursue to acquire fee title to the site through
eminent domain procedures. Upon the City's acquiring fee title please
inform this office in writing along with the payment, and the state
will then issue the Quit Claim Deed within two weeks of receiving that
letter.
When the City has acquired fee title please send your certification of
ownership along with any questions that you may have, and the payment
as mentioned above to Mr. Ken Kloek, Room 509, Mn/DOT Building, st.
Paul, Minnesota, 55155 (phone 296-8647).
uwb~
, Director
ht of Way and Surveys
description
An Equal OpPor/unily Employer
II
.
.
RESOLurICN ID.
RESOLurICN AUIH:RIZIN] '!HE AOqJJISITICN BY E.\1INENl' IXMAIN OF
CERTAIN LAND RR AN ELEVATIID WATER TOVER SITE RR '!HE
SCUIHFAST ARFA 1RUNK WATER SUPPLY AND S'lIIWJE FACILI'lY
WHERFAS, it is necessary, advi sable, and in the public interest
that the City of Shorewood, Hennepin County, Minnesota, obtain a site for an
elevated water tower for the Southeast Area Water project within the City
Limits of the City of Shorewood, Minnesota; and
WHERFAS, in order to accomplish such purpose, it is necessary to
acquire land shown .in the attached Exhibi t "A", said Exhibi t "A" being made a
part hereof by reference; and
WHERFAS, the City of Shorewood has been advised and believes that
the most feasible location for such elevated water tower is as shown on
Exhibit "A", and in order to accomplish the same, it is necessary to obtain
the land described therein in fee simple absolute.
N:lV, 'lliEREFORE, BE IT RESOLVED by the City Council of the Ci ty of
Shorewood, Minnesota, that the City of Shorewood proceed to acquire and
procure fee ti tle to the land shown on Exhibit "A", attached hereto and made
a part hereof, under its rights of eminent domain and that the City
Attorneys, Froberg &: Penberthy, P.A., Minnetonka, Minnesota, be and hereby
are authorized, instructed, and directed to file the necessary petition or
petitions therefore, to serve the necessary notices therefore, and to
prosecute such actions or proceedings to a successful conclusion or until it
is abandoned, dismissed or terminated by the City or by the Court; and that
the City Attorneys, Mayor, and Clerk of the City do all things necessary to
be done in connection with the prosecution and successful conclusion and/or
termination of such eminent domain proceedings.
AIOPI'ED BY '!HE CI'lY CUJNCIL of the Ci ty of Shorewood, Minnesota,
this 27th day of April, 1987.
Mayor
ATTEST :
City Clerk
.
. \r.
The south 200 feet of the east 200 feet of Lot 34ci. .-
Auditor's Subdivision No. 141, according to the s: \
plat thereof on fi Ie and of record in. the office c
of the County Recorder in and for Hennepin ~
County, Minnesota. #- .
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RESOLUfIrn ID.
REsownrn AUIKJUZING '!HE AaJ]ISITIrn BY EVIINENl' lXMAIN OF
CERl'AIN WATER DRAINAGE FASEVIENrS FCR MAINrAINING
'!HE EUREKA ROAD DRAINAGE SYSTEV1
WHEREAS, it is necessary and advisable in the public interest
that the City of Shorewood, Hennepin County, Minnesota, maintain a water
drainage system in the area of Eureka Road within the City Limits of the City
of Shorewood, Minnesota; and
WHEREAS, in order to accomplish such purpose, it is necessary to
acquire land shown in the attached Exhibi t "A", said Exhibi t "A" being made a
part hereof by reference; and
,WHEREAS, the City of Shorewood has been advised and believes that
the most feasible location for such water drainage system is as shown on
Exhibi t "A" and in order to accornplish the same, it is necessary to obtain
tarporary and permanent easements as shown on said attached Exhibit "A".
N::M1, 'lliEREFmE, BE IT RESOLVED by the Ci ty Counci I of the City of
Shorewood, Minnesota, that the City of Shorewood proceed to acquire and
procure title interests, be they temporary or permanent easements, to the
land shown on Exhibi t "A", attached hereto and made a part hereof, under its
rights of eminent danain and that the City Attorneys, Froberg & Penberthy,
P.A., Minnetonka, Minnesota, be and hereby are authorized, instructed and
directed to file the necessary petition or petitions therefore, to serve the
necessary notices therefore, and to prosecute such actions or proceedings to
successful conclusion or until it is abandoned, dismissed or tenninated by
the Ci ty or by the Court; and that the Ci ty Attorneys, Mayor, and the Clerk
of the City do all things necessary to be done in connection with the
prosecution and successful conclusion ,and/or tennination of such eminent
domain proceeding~.
AOOPrED BY '!HE CI'IY CUJNCIL of the Ci ty of Shorewood, Minnesota,
this 27th day of April, 1987.
Mayor
ATI'EST :
Ci ty CI erk
PAHCEl NO: 32-117-2.-0023
OWNER: John E. and Jill D. Majestic
5840 Eureka Road
Shorewood, Minnesota 55331
.
OESCRIPTION OF EASEMENT:
^ permanent easement for drainage purposes over, under, and across the south
10.00 feet of the south 139.90 feet of Lot 4, ~leakers Outlots to Excelsior
according to the plat on file in the Office of the County Recorder, Hennepin
County, Minnesota.
Together with a 20.00 foot temporary construction easement over, under, and
across the north 20.00 feet of the south 30.00 feet of said Lot 4.
Said pennanent easement contains 3,135 square feet more or less.
..
Said temporary easement contains 6,270 square feet more or less.
Said temporary easement shall expire December 31, 1907.
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Radisson Entrance
Covington Road
Knightsbridge Road
Ivy Lane
Rustic Way
St. Albans Bay Road
Christmas Lake Road
Lilac Lane
Galpin Lake Road
Mayflower Road
Chaska Road
Wedgewood Road
Wedgewood Road
Strawberry Lane
Cathcart Drive
Blue Ridge Lane
Smi thtown Road
Boulder Circle
Boulder Bridge Drive
Woodside Lane
Howards Point Road
Oak Ridge Circle
Grant Lorenz Road
Syl van Lane
Meadowview Road
Valleyview Road
Va1leywood Circle
Sunnyvale Road
Nelsine Drive
Lee Circle
Enchan ted Lane
Enchanted Point
Dellwood Circle
Highland Circle
Shady Island Circle
Shady Island Road
Afton Road
Star Lane
Star Circle
Club Lane
Timber Lane
Echo Road
ROAD SURVEY 4/20/87
.
- Patch
- Patch and Sealcoat from Highway 7 to
Silver Ridge
- Crack Sealer
- Patch
- Patch
- Sealcoat
- Patch
- Sealcoat
- Sealcoat
- Leveling Course and 1 1/2" Overlay
- Overlay from Mayflower to South
- Patch and Overlay from Mallard Lane to
East end
- From Mallard Lane to Smithtown Road
Sealcoat
- Sealcoat
- Fabric with Overlay. Sealcoat from Nephew
property to Smithtown Road
- Ove rlay
- Sealcoat
- Patch. Crack filler and Sealcoat
- Sealcoat and Repair Settlement across from
Pumphouse
- Patch and Sealcoat East and West Section
- Patch North end
- Patch and Sealcoat
- Overlay
- Patch
- Subgrade and Storm Sewer
- Patch and Sealcoat
- Patch and Sealcoat
- Patch and Sealcoat
- Patch. Level and Sealcoat
- Patch
- Fabric Overlay
- Grade and Rock
- Sealcoat
- Sealcoat and Patch
- Sealcoat and Patch
- Patch
- East and West Portion Patch and Sealcoat.
North and South Crack Seal and Sealcoat
- Leveling Course
- Patch Intersection
- Pa tch
- Level. Sealcoat and Guard Rails
- Sealcoat
-1-
Id-
.
.
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
April 21. 1987
Ms. Barbara Dacy. City Planner
City of Chanhassen"
690 Coulter Drive
Chanhassen. MN 55317
Subject: Preliminary Plat - Curry Farms
Dear Barb:
The City of Shorewood hereby requests the opportunity for members of our
staff to meet with you and any other appropriate members of the Chanhassen
staff to discuss the preliminary plat of Curry Farms located just south of
the Shorewood/Chanhassen border east of Carver County Road 17. We have
not yet had sufficient opportunity to perform a detailed analysis of the
effect of the proposal on the City of Shorewood. We certainly will not be
able to officially comment prior to the public hearing before the Planning
Canmission on April 22.
At this point in our very preliminary review of the proposal. we are
extremely concerned with the effect that the plat would have on traffic
patterns to Lilac Lane in Shorewood. It appears as though Teton Lane in
Chanhassen is being considered to be used as a major access to the site.
A complete review of the proposal needs to be made by our staff to
evaluate all of the ramifications that this proposal will have on Lilac
Lane. However. at this point we are concerned about the additional
traffic on Lilac Lane as well as the absolute necessity to blacktop Teton
if the plat is approved in its current form.
Finally. I hereby request that this letter and our initial concerns are
made a part of the record of the Public Hearing and that the hearing be
continued until such time that the City of Shorewood is able to give you a
more detailed analysis of the proposed plat.
Please contact me if you have any questions.
Sincerely.
CI'IY OF SHOREWOOD
~t
City Administrator
cc: Mayor and Counci1members
Brad Nielsen
Don Ashworth A Residential Community on Lake Minnetonka's South Shore
Mark Simcox
/y/f
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J!t Ibtttas, the responsibilities of providing day-to-day .~
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.~lJ~ to local government: and ~~
m I' m
~ a}tttas. these local units of government - the county, city, "
III town, township, village and borough - have had to cope with .~lJ.
"iI h h f,it.
~[ maintaining current and additional services at ig l'~
:1 performance levels, often mandated by federal and judicial ';,1
lit directives, on a revenue base that is gradually diminishing: l!l:
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I Ibtttas, the office of Municipal Clerk is the agency to which m
.L citizens most often turn in order to learn of specific .~
- .~.,~~
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,,~It services, functions, and actions of their local government:.....;
m loll tbttdOtt bt it ttJOlbt~,That during the observance of :~
m MUNICIPAL CLERK'S WEEK to be held in the second week of l!l:
~~:gf May 10 through 16. 1997, the county. city, town, township, ~
village, and borough clerks dedicate themselves to informing.l'J
~ ~~'gl~'
P1I the public of the worth of local government, the high, ..u
t,' productivitu" and effi,ciency level, of services provided, and
~. the import:nce of preserving and expanding upon existing m
D1 local programs and maintaining, and building the facilities and .iI
~ .'H(J!~
l'J organization that deliver these services: and ~It
~ . "
~~~ liI
I..(!'. 101 fUttbtt bt it ttsolbt', That the county, city. town, village. ~~
.. h f ~~"
towns ip, and borough clerks during the observance 0 ~
~.,rI. MUNICIPAL. CLERK'S WEEK do this through open houses, o(J.,itf.
~'J displays, reports. announcements, newsi articles, radio and ~II
~,~ television presentations, talks. and special events emphasi- m
~J zing the relationship of their office to the overall operations .g
~ of local government and~e role the municipal clerk has li]..
.~ within its structure. ~ -J _ *
Il ------~-~--~~~~----------- :11
[I] Helen Kawagoe, CMe .~
m President. IIMC l!t
~.. ~.. ~ "~"~.r-"ir .... .. .. .... .... .... .. .. .. .. .. "~~~~~9'r-""4I)~~~~~.ra~"~.
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IcjLJ
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25170 Yellowst~ne Trail
Exoelsior, MiWl9sota 55331
(City ot Shorewood)
Ph. 474-6822
fIlaroh 16, 1987
~en!!ejln County Depe.rt:nent ot 'i'ransporte.tion
320 Washington Ave. S.
Hopkl:ns. ,'.~innesotll :';5343
Gentlemen:
We are lJOnderlna haw to obtain a !lore e~'fC:Jct1v9 and
noticeable ~lghway WJ:U'!11ng 91'>"11 tor our driTeway' , whioh
is e. blind entrance oato the Y9llryw9t~ne 'rr~1l ~or enrs
e.'Dproaehlng trom the Oe.3t. Tr.e C t ty ot f>~,orewo')(\ hae
told us they ~ave no ot~er ai~ tr~ the vDe now 1n ~lece
\l1'-lich Teed!::, in s'Tall letter.: HIDj)~~ DRIV'E'NAY.
Drivers apparently do not no~ice, or they lenore, th1B
sign end they come around this curve much too fast.
'!:e ~l.RaYg c:oYll)letely <reop befo!'e ellteriD.& the road. ','ie
oan see only a ehort distance lookina .a.~ a~ the curve,
and U' no car can be seen approaching. we feel we should
be free to enter. 'fhen we enter as quickly a3 p,.,s~lble,
9.1wP..Y!J with 8. pre,.ver for sate ontranc~. ~'le heve hf~. SO':"le
pretty 01038 oalls, and the care that do COt~d aro-..wd that
curve always sound a lo~ h~rn, the drivers seem.i~Y ill
aD&er because we entered t.l:ll! rOsd.
We reel this co~1t10n should not exist caus1nc us tear
and tendon. We feel there should De a sli:11 r9ad1ng
someth1n& l1ke this:
CAUTI'JN - BLn:D EN'!'RANC'E
in ta1rly larse and notioeable letters.
C(luldn't y~ auee to this'! \fould there be a e08~, then,
1 t the present sign were replaoed"! PleBse adT1se.
;' Y. ours trul. y,
I ~~~.~~M~~'f
, John A. ~-{T'
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IYc-
Shorewood City Council
Shorewood, MN 55331.
Dear Clerk Kennelly,
We would like to request that
pole presently located Can the north
parking lot of the Lake Fellowship
(24575 Glen Road), Though we have
parking area remains quite dark.
Joanne & Lee Hermann
20765 Radisson Inn Rd,
Excelsior MN 55331.
April 27, 1987
a street light be placed on a power
side of Glen Road opposite the
of Unitarians and Universalists
lights on our building at night the
We make the facility available for community use for AA groups,
caucuses, retreats, etc that often take place after dark and this
would make the premises safer at that time,
Thank you for your consideration.
Sinc,orely Yours,,,
Aanne [:lc:)rmo.nn
Vboard Members of Lake
Fellowship and
Shorewood Residents