011386CC Reg AgP
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CITY OF SHOREWOOD
REGULAR COUNCIL MEETING
MONDAY, JANUARY 13, 1986
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
7:30 P.M.
AGENDA
CALL TO ORDER
A. Pledge of Allegiance and Prayer
B. Roll Call
Mayor Rascop
Haugen
Shaw
Stover
Gagne
1. APPROVAL OF MINUTES
A. Regular Council Minutes - December 16, 1985
(Att. #lA - Minutes)
2. MATTERS FROM THE FLOOR
A.
B.
3. PLANNING COMMISSION REPORT
A.
B.
4. PARK COMMISSION REPORT
A. Request for Mileage - Martey Jakel
(Att. #4A - Park Commission motion
Park Minutes of 11/18/85)
B. Snowmobile Ordinance recommendation
(Att. #4B - Staff memo)
CITY OF SHOREWOOD
COUNCIL AGENDA
MONDAY, JANUARY 13, 1986
pag,e two
-_._-~~
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5. CONSENT AGENDA
-_.-:..~ '!
A. Cigarette Licenses - 1986
1. Minnetonka Country Club
2. Plaza Tom Thumb
3. Shorewood I.C.O.
4. American Legion Post #259
5. Skipperette
6. village Pump
7. Driskill's Super Valu
8.
.~-_~"!!!:'_4
B.
Moved by
Seconded by
Motion
6. 1986 - APPOINTMENTS
(Att. #6A - Form)
(Att. #6B - 1985 Appointment List)
7. PROPOSED COMPREHENSIVE PLAN AMENDMENT
Applicant:
Location:
Gene Rosenthal
20095 Excelsior Blvd.
5405 St. Albans Bay Road
5385 St. Albans Bay Road
(Att. #7A - Staff Report - 9/26/85)
(Att. #7B - Staff Report - 12/ 1/85)
(Att. #7C - Petition)
8. COVINGTON VINE RIDGE FINAL PLAT
(Att. #6A - Staff Report)
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CITY OF SHOREWOOD
COUNCIL AGENDA
MONDAY, JANUARY 13, 1986
page three
9. SIMPLE SUBDIVISION
Applicant: Terry O'Sullivan
-Location: -5965 Mil1-S~et
(Att. #9A - Staff Report)
10. CHRISTMAS LAKE ACCESS DISCUSSION
Christmas Lake Association Representative
(Att. #10A - Homeowner's Association
Letter)
(Att. #10B - Draft Agreement)
(Att. #10C - Staff Memo)
11. ATTORNEY'S REPORT
A. Naegele Litigation Update
B.
12. ENGINEER'S REPORT
A. Status Report - Southeast Area Trunk Water System
B.
13. ADMINISTRATIVE REPORT
A. Task Force on Lake Minnetonka Update
B.
14. MAYOR'S REPORT
A.
B.
15. COUNCIL REPORT
A.
B.
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CITY OF SHOREWOOD
REGULAR COUNCIL MEETING
MONDAY, DECEMBER 16, 1985
.. '."'."..'\f'~
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COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
7:30 P.M.
MINUTE:S
CALL TO ORDER
The regular meeting of the Shorewood City Council was called to
order by Mayor Rascop at 7:30 P.M., MOnday, December 16, 1985
in the City Hall Council Chambers.
PLEDGE OF ALLEGIANCE AND PRAYER
Mayor Rascop opened the meeting with the Pledge of Allegiance
and a Prayer.
ROLL CALL
Present: Mayor Rascop, Councilmembers Haugen, Shaw, Stover
and Gagne
Staff: Attorney Froberg, Engineer Norton, Administrator
Vogt, Planner Nielsen and Clerk Kennelly
APPROVAL OF MINUTES
Gagne moved, seconded by Stover, to approve the minutes of the
meeting of November 25, 1985 with corrections to be made in the
original minute book. Motion carried - 5 ayes.
PLANNING COMMISSION REPORT
Stover referred to the Planning Commission minutes of December 3,
1985. She indicated that the Rosenthal proposal was postponed.
All other items on their agenda will be dealt with at this Council
meeting.
CONSENT AGENDA
Project #84-2 - Street Construction Payment
Engineer Norton recommended payment of Voucher #6 and Final in
the amount of $9,655.75 to Valley Paving Inc. for street Con-
struction - Project #84-2.
Permanent Appointment of Assistant Public Works Director
Public Works Director Zdrazil and Administrator Vogt recommend
the permanent appointment of Howard Stark as the Assistant
Public Works Director, as he has completed hi~ six month pro-
bationary period satisfactorily.
fA
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CITY OF SHOREWOOD
REGULAR COUNCIL MEETING
MONDAY, DECEMBER 16, 1985
page two
CONSENT AGENDA - co~tinued
Purchase of Pressure Washer
Public Works Director Zdrazil recommended the purchase of a
pressure washer. The money is available in the Public Works
equipment budget.
Gagne moved, seconded by Stover, to approve the issues listed
on the Consent Agenda as presented. M?tion carried - 5 ayes.
CONDITIONAL USE PERMIT - 6035 SEAMANS DRIVE RESOLUTION NO. 92-85
Mr. Delbert Hennessey of 6035 Seamans Drive was present to request
a C.U.P. to construct an accessory building that will total 1,108
square feet when added to the existing garage space.
Stover moved, seconded by Gagne, to grant the C.U.P. to build the
accessory structure on the condition that it be used as residential
use only and in accordance with all Planner's recommendations.
Motion carried by Roll Call Vote - 5 ayes.
NEAR MOUNTAIN PRELIMINARY PLAT APPROVAL
RESOLUTION NO. 93-85
Developer Peter Pflaum of Lundgren Bros. and
Sathre reviewed the revised preliminary plat
project. The density of the project has not
plan arrangement.
his Engineer Rick
for the Near Mountain
changed, just the site
The Council discussed the various proposals for park plans. Gagne
reviewed the Park Commission discussion on various possibilities
for park dedication land that would connect with the "New Park"
north of Covington Road and Silver Lake. This discussion included
coordination between Near Mountain and the Bruce property to
acquire the most usable park land. These plans will be finalized
by the Final Plat.
Stover moved, seconded by Haugen, to approve the Preliminary Plat
in accordance with the Planner's recommendations (dated December 12,
1985). Motion carried by Roll Call Vote - 5 ayes.
HERITAGE RESIDENCE - INFORMAL DISCUSSION ON COMPREHENSIVE PLAN
AMENDMENT
Jerry Mundt and Joe Gorecki presented their plans for a 73 unit
seniors facility to be built by American Care Facility and to be
located on Lake Linden Drive.
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CITY OF SHOREWOOD
REGULAR COUNCIL MEETING
MONDAY, DECEMBER 16, 1985
page three
HERITAGE RESIDENCE - INFORMAL DISCUSSION ON COMPREHENSIVE PLAN
AMENDMENT - continued
Mr. Gorecki asked the Council for direction as to supplying
municipal water service for this project. Engineer Norton re-
viewed plans and estimated costs that were prepared for the area
in July of 1980. He estimated that 35 residents could also be
serviced along the extension from the Badger well to the project
site. This total does not include the Shopping Center or the Bank
at this time.
Councilmember Gagne introduced his father Robert Gagne Sr., the
Senior Citizens Ombudsman to the City of Minneapolis. Mr. Gagne
explained some of the housing needs required by Seniors. He
emphasized the need for transportation, handicapped facilities,
pick up for dining, in house group dining facilities, activity
areas, and the right to maintain their own cars. Council thanked
Mr. Gagne Sr. for his time and information.
The Council would like to see a senior care facility of the highest
quality, not just senior apartments.
Shaw asked if the water extension could be included in a G.O.
Bond. Attorney Froberg felt that the construction bond and the
water improvement would have to be separate bonds.
The pre-application for the Comprehensive Plan Amendment will be
scheduled for the February Planning Commission meeting. Planner
Nielsen will address the access issue at that time. No Engineer-
ing updates will be done at this time. When updates are done,
they will be charged back to this project.
SUBURBAN HENNEPIN COUNTY REGIONAL PARK DISTRICT PRESENTATION
Neil Weber and Bob Weklund of the Park District representing the
Lake Minnetonka area presented the Council with a slide show to
help aquaint them with some of the current uses and facilities
under control of the Park District. They answered various
questions of the Council regarding new park plans in the area.
Questions on boat launching, user fees and possible new park
acquisitions were addressed. Haugen asked if the Park District
would be interested in acquiring Minnetonka Country Club for a
public golf course. Mr. Weber requested direction from the
Council to look into this facility.
PARK PURCHASE DIRECTION
RESOLUTION NO. 94-85
Haugen moved, seconded by Gagne, to draw a Resolution requesting
the Suburban Hennepin County Regional Park District to inquire
into the possible purchase of the Minnetonka Golf Course for
Park property. Motion carried by Roll Call Vote - 5 ayes.
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CITY OF SHOREWOOD
REGULAR COUNCIL MEETING
MONDAY, DECEMBER 16, 1985
page four
REQUEST FOR RECONSIDERATION - ROY AHERN
A-written request for reconsideration was received from Mr. Ahern
-~regarding the denial of a C.U.P. to build on Lot 11, Radisson Inn
Addition. He would like the issue of the nonsubmittal of the
Shoreland Impact Plan with the application be stricken from the
denial Resolution. This would then enable him to resubmit his
C.U.P. application prior to the end of the 6 months waiting period
required by Ordinance.
Haugen moved, seconded by Gagne, to uphold the 6 months waiting
period rule, this will enable Mr. Ahern to reapply in February.
Motion carried - 5 ayes.
POLE BARN REQUEST DENIED - JANE KLINE
Jane Kline of 5990 Strawberry Lane requested the Council to allow
her to construct a metal pole barn on her property for the purpose
of a horse barn. She meets all setbacks and contends that the
lower cost, matching color to home, guaranteed paint color, fire
safe, maintenance free and the fact that the horses can not eat
metal are her reasons for requesting the Council to allow her
to construct a pole barn. The current City Ordinance does not
allow metal pole barns and the Building Inspector has denied her
a building permit for that reason. Mark Vorate, a friend of Ms.
Kline, spoke in agreement with her~ He felt that if constructed
of wood, it still was a pole barn regardless if it were metal or
wood, this metal should be acceptable.
Stover moved, seconded by Gagne, to uphold the denial of the Building
Inspector to issue a building permit for a metal pole barn. Motion
carried - 5 ayes.
EXTENSION OF INTERIM ZONING ORDINANCE
RESOLUTION NO. 95-85
Planner Nielsen requested a 90 day extension of the Interim Zoning
Ordinance in order to complete the necessary revisions to adopt
a final Zoning Ordinance. After discussing what is necessary for
completion and hearing dates, a 120 day extension seemed necessary.
Stover moved, seconded by Gagne, to extend the Interim Zoning Ord-
inance for 120 days. Motion carried by Roll Call Vote - 4 ayes
1 abstain (Rascop).
ATTORNEY'S REPORT
Garbage Collector's Ordinance - Second Reading
Council reviewed the Garbage Ordinance and made changes ~n.the
areas of container sizes, exempts of dumpster under speclflc
provisions of temporary use.
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CITY OF SHOREWOOD
REGULAR COUNCIL MEETING
MONDAY, DECEMBER 16, 1985
page five
ATTORNEY'S REPORT - continued
Stover moved, seconded by Haugen, to extend the operation hours
to 8.00 P.M. Motion carried - 5 ayes.
Insurance coverage should be removed from the Ordinance and set
by Resolution to eliminate the need to amend the Ordinance when
changing limits.
Haugen moved, seconded by Gagne, to approve the second reading of
the Ordinance as amended. Motion carried - 4 ayes - 1 nay _
Shaw
WEIGHT RESTRICTION ORDINANCE
ORDINANCE NO. 174
Attorney Froberg made correction in the street listing and a
correction in numbering. These were the only changes made.
Haugen moved, seconded by Gagne, to accept this as the second
reading of the Ordinance and moved adoption of the Weight Restriction
Ordinance. Ordinance adopted by Roll Call Vote - 4 ayes -
1 abstain (Shaw).
Blood Litigation
Froberg stated that a January trial date is set. The City has
gone onto the Blood property and cleaned up the violation, and
will certify all costs of clean up back to the property.
Rascop thanked the staff for their efforts in completion of this
junk violation.
Murfin Property Purchase
Response has been received from Mr. Murfin stating that he will
not remove the five (5) underground storage tanks (three (3)
20,000 gallon tanks and two (2) 10.000 gallon tanks) in accordance
with the purchase of the property. Haugen spoke to Mr. Murfin,
he stated that I.C.O. was the owner of the tanks and he would try
to place pressure on them to remove the tanks. He also felt that
the City could and should use the tanks. He would also agree to
have the City withhold $5,000.00 of the purchase price until the
tanks have been removed.
Froberg was unable to find any cases on record that might determine
whether the tanks are considered "personal" or "real" property.
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CITY OF SHOREWOOD
REGULAR COUNCIL MEETING
MONDAY, DECEMBER 16, 1985
page six
ATTORNEY'S REPORT - continued
Rascop stated that he personally, without Council approval, offered
Murfin $50,000 for the property and the City would then remove the
tanks. Stover suggested that the City offer him $65,000 minus
the cost of removal. Stover would like to see some cost estimates
on the removal of the tanks. Council made no change to the current
offer.
The Fire Marshall has made a recommendation to the City to enforce
the removal of these tanks.
Naegele Litigation
Response has been promised within the next 7 days on the City's
offer.
ENGINEER'S REPORT
Lift Station #11, Breakdown
Engineer Norton informed the Council of a break down of the pump
in Lift Station #11 off Shore Road. Munitech handled the problem
immediately. Bob Polston of Munitech will submit a report on this
repair.
ADMINISTRATOR'S REPORT
Engineering Proposal
Administrator Vogt requested proposals in the form of specs and
bids on a specific project from interested Engineering firms.
He was not satisified with the responses, none were comparable
bids. Gagne and Haugen support the continuing O.S.M. contract.
Shaw moved to recommend to the Mayor to continue in 1986 with
the firm of O.S~M. Administrator Vogt will inform the interested
firms of the Council position.
Enchanted Island Beaver Trapping
DNR gave Administrator Vogt a name of a trapper for the purpose
of live trapping. The trapper stated that he did not live trap
in the Winter because of the ice.
Rascop moved, seconded by Gagne, to amend the trapping Ordinance
to allow steel leg traps when specific problems may warrant the
need.
Motion was defeated - 2 ayes - (Rascop and Gagne) to 3 nays.
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CITY OF SHOREWOOD
REGULAR COUNCIL MEETING
MONDAY, DECEMBER 16, 1985
page seven
ADMINISTRATOR'S REPORT - continued
Animal Control Contract - 1986
White Bear Animal control has submitted their contract for
renewal for 1986. Certificate of insurance is forthcoming.
Haugen moved, seconded by Gagne, to award contract and authorize
the Mayor to sign the contract. Motion carried - 5 ayes.
Winter Parking Ban
Public Works Director Zdrazil would like to see the issuance of
a parking ban for plowing discussed. Administrator Vogt will
return with a recommendation.
Water and Sewer Budget Meeting
Rascop and Stover attended a meeting to review the utility budgets
and discussed possible increases in water rates to coincide with
charges from other city's water service.
Water Rate Increase
RESOLUTION NO. 96-85
Gagne moved, seconded by Rascop, to increase the water rate
to a quarterly minimum of $22.00 per 10,000 gallons plus
$1.40 per $1000.00 over 10,000 gallons. Motion carried by Roll
Call Vote - 5 ayes.
Sewer Rate Increase
RESOLUTION NO. 97-85
Stover moved, seconded by Gagne, to increase residential sewer
to $41.75 a quarter, with a $50.00 minimum for non-metered
Commercial, all metered based on $1.75 per 1000 gallons of useage
over 28,500 gallons. Motion carried by Roll Call Vote - 5 ayes.
Acceptance of Water and Sewer Budget
Gagne moved, seconded by Stover, to accept the 1986 Budget to
include the amendment made by the rate changes. Motion
carried - 5 ayes.
Christmas Lake Access
The acquisition of land on Christmas Lake for public access has
not been completed at this time. An out of court settlement is
hoped for.
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CITY OF SHOREWOOD I I.
REGULAR COUNCIL MEETING
MONDAY, DECEMBER 16, 1985
page eight
MAYOR'S REPORT
Task Force Meeting
The DNR has asked for a postponement on the cbndemnatlon of the~ :
Brooks property for the Christmas Lake access.
The DNR does not plan to obtain additional accesses on area lakes,
but plansd-to- 0btain additional-parkifig-i:~reas cof'-eristingc~Tamps.-
Signage will be placed at the ramps locating these new parking
areas.
COUNCIL REPORTS
Minnetonka Community Service Dinner
A special events dinner will be held on February 13 with local
community leaders.
Appointments to Police Building Committee
Rascop and Gagne will be Shorewood's representatives on the Police
Building Committee.
Special Planning Session set for Council
A special planning session for the Council will be held at 7=30,
January 6, 1985, for the purpose of reviewing police contracts
plan, Administrator's review, and any other matters that may
need discussion. Staff will not attend, but meeting will be taped.
Public Works Appreciation
Public works Director Zdrazil suggested the possibility of having
an appreciation dinner for the Public Works Department for all
their efforts and dedication on snowplowing this season. Council
indicated that there are no funds available for a dinner. Council
directed Administrator Vogt to write a letter of appreciation.
APPROVAL OF CLAIMS AND ADJOURNMENT
Haugen moved, Shaw seconded, to adjourn the Council meeting of
December 16, 1985 at 12:00 midnight subject to approval of claims
for payment. Motion carried - 5 ayes.
General Fund - Acct. #00166-02 Checks 31433-31591 = $~.Oj389~74
Liquor Fund - Acct. #00174 Checks 4195- 4297 = $ 81,440.71
Respectfully Submitted
Sandra Kennelly
City Clerk
Mayor Robert Rascop
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CHECK NO
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31468
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31473
31474
31475
31476
31477
31478
31479
31480
31481
31482
31483
31484
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GENERAL FUND - BILLS PAID SINCE DECEMBER 16, 1985
TO WHOH PAID
Acorn Services
Albinson
AmeriData Systems, Inc.
American National Bank
C.H. Carpenter Lumber
Chanhassen Lawn & Sports
D.R. Copier Service, Inc.
The Dale Green Co.
Government Finance Officers
J.M. Grimstad, Inc.
Froberg & Penberthy, P.A.
Sullivan's Services, Inc.
Ziegler Tire Service Co.
Hance O.O.H.
Koenig, Robin, Johnson & Wood
Lake Mtka Conservation Dist
Weekly News, Inc.
Leef Bros, Inc.
Long Lake Ford Tractors, Inc.
Hatt's Auto Service, Inc.
H.C. Mayer & Sons, Inc.
Metropolitan Waste Ctrl Comm.
Minnegasco
Minnesota Daily
Mn/Dot
Horton Thiokol, Inc.
Munitech, Inc.
Navarre Hardware
NSP
Norwest Bank Mpls., N.A.
Norwest Bank Mpls., N.A.
Minnesota Mutual Life
Orr-Schelen-Mayeron
7 Hi Coast-To-Coast
SLMPSD
Tonka Auto & Body Supply
Tools Unlimited
Victoria Repair & Mfg Shop
Waldor Pump
Warner True Value Hdwe.
Wayzata Auto Service, Inc.
X-Ergon
City of New Brighton
American Planning Assoc.
Audrey Evans
John Petron
U.S. Postal Service
Inter City Oil
Valley Paving, Inc.
Sandra L. Kennelly
Daniel J. Vogt
Postmaster General
PURPOSE
Copy Paper
Planning Supplies
Computer Diskettes
Improvement Bond 7-1-73
Cathcart Rink Improvement
Engine Oil
Service Contract
Black Dirt - Badger Field
Finance Supplies
Control Value
Legal Fees
Lift Sta. Repair/Lighting Badger
Equipment Maintenance
Cathcart Rink Supplies
Legal Fees
LMCD - City's Budgeted Share
Legal Notices
Laundry Services
Genl Supplies/Equip. Maint.
Tow 926 Loader
Gas
Sewer Service Charges
Utilities
Help Wanted Ads-Rink Attend.
Re-Lamping
Ice Control
Water/Sewer Maintenance
Small Tools/Cathcart Pk Paint
Utilities
Improvement Bond - 1-1-81
Improvement Bond - 1-1-74
Employee Life Ins - Jan. '86
Construction Engineering Fees
Hockey Rink Supplies
Sept, Oct, Nov, Court Overtime
Equip. Haint.
Small Tools
Equip. Haint.
Repair Pumps
Small Tools,Rink Repair, Supplies
Equip Maint
Gen'l Supplies
Membership Dues
Zoning News Subscription Fee
Refund of deposit for packets
Planning Simple Subd. Refund
1st & 3rd Class Mailing Fees
Gas
Const. Payment Voucher No 6
80 hrs
80 hrs
City Newsletter Postage
AMOUNT
89.50
13.35
101. 24
870.00
582.63
63.20
518.00
104.00
41. 00
269.65
5,194.00
1,192.50
336.27
14.50
40.00
4,498.00
86.91
185.16
137.37
100.00
1,829.96
18,660.77
1,023.82
11. 20
26.69
1,169.73
3,625.00
186.42
2,212.43
22,831.20
84,820.00
169.39
319.51
26.87
221.07
38.63
97.63
9.00
81. 40
77 .57
28.00
299.15
15.00
25.00
10.00
120.29
100.00
19.25
9,655.75
664.87
852.07
169.88
Continued on next page... ....... ................
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Page two
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31528
31529
31530
31531
31532
31533
31534
31535
31536
31537
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GENERAL FUND - BILLS PAID SINCE DECEMBER 16, 1985
TO WHOM PAID
Evelyn T. Beck
Charles S. Davis
Dennis D. Johnson
Susan A. Niccum
Bradley ~. Nielsen
Daniel J. Randall
Patricia C. Ray
Kathleen G. Schwankl
Howard Stark
Ralph A. Wehle
Martey Jakel
Gerald Sachs
Christopher G. O'Neill
Michael G. Schmidt
Evelyn T. Beck
Judy Quaas
Howard Stark
Keenan P. Fagan
Donald E. Zdrazil
State Treasurer - Soc Sec
The Minnetonka Bank
Commissioner of Revenue
State Treasurer - PERA
ICMA Retirement Corp
City-County Credit Union
Physicians Health Plan of MN
Metropolitan Waste Ctrl
City of Minnetonka
American Bar Foundation
Daniel J. Vogt
Cash
Acro-Minnesota
Earl F. Andersen
Brown Photo
Chaska Parts Service
Frederick-Sherry Office Supply
W.W. Grainger, Inc.
Hennepin Cty Treasurer
Jim Hatch Sales Company, Inc.
LMC Insurance Trust
Midwest Asphalt Corp.
Hetro Fone Comm.
Niller/Davis Co.
Minnegasco
Hinn. Suburban Newspapers
Haintenance Eng. Ltd.
NSP
AT&T
AT&T Information Systems
N\VB
Orr-Schelen-Hayeron
Perry's Truck Repair
PURPOSE
80 hrs
77-hrs R -; 3 hrs P
77.5 hrs~R/3.5 hrs P/l hrs OT
80 hrs - .-
80 hrt;~,
77 hrs R / 3 hrs P / 2 hrs OT
80 hrs
74 hrs
78.5 hrs
77 hrs R
31 hrs
22 hrs
33.5 hrs
25.5 hrs
Mileage
12 hrs cleaning City Hall &
Retroactive Pay
25.75 hrs
80 hrs
Dec. 21 payroll - FICA
Dec. 21 payroll - FWH
Dec. 21 payroll - SWH
Dec. 21 payroll - PERA
Dec. 21 payroll - ICMA
Dec. 21 payroll - Credit Union
Employee's Health Ins.- Jan 86
SAC Charges - Nov. '85
4th Qtr Water Purchase
Book Purchase - Mayor Rascop
I'li 1eage
Petty Cash - Reimburse
Office Suppl ies
No Parking Sign
Film - Assessor
Equip Naint
Office Improvements
Hockey Rink Lights
Board & Room
Snow shovels/Gen'l Supplies
'85 Work Comp Premium
Road Hix
Pager rental
Legal Forms
Utilities - Amesbury
Skating Rink Attend. Ads
Shop Lights
Utilities
Telephone Service - Public Works
Telephone Serive - City Hall
Telephone - City Hall & Garage
Engineering Fees
Equip Naint
ANOUNT
758.95
539.33
594.94
390.16
715.55
598.47
480.91
432.58
R / 3.5 hrs P / .5 hrs OT 591.76
/ 3 hrs P 539.33
140.25
104.50
142.38
108.38
8.40
Supplies 87.16
100,77
109.44
737.23
1,590.88
1,280.00
586.00
930.82
140.00
42.00
2,321.77
1,683.00
205.74
23.45
51. 66
24.70
60.65
101.70
26.60
143.64
719.96
548.20
756.00
682.10
3,452.39
82.26
11.80
V+ .40
151. 70
16.25
316.47
727.73
13 .05
52.77
400.98
4,894.39
603.55
Continued on next page. ............. ........... ...
Page three
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.
.
GENERAL FUND - BILLS PAID SINCE DECEMBER 16, 1985
TO WHOM PAID
Ranger Products
Stark Electronics Supply
Teledyne Total Power
Village Sanitation, Inc.
White Bear Animal Ctrl
Ziegler, Inc.
Xerox Corporation
Key Leasing, Inc.
lCMA
SLMPSD
AmeriData
Xerox Corporation
Dean & Associates Itnl
US. Postmaster
Robert Rascop
Jan Haugen
Tad Shaw
Robert Gagne
Kristi Stover
University Of Minnesota
Evelyn T. Beck
Charles S. Davis
Patricia R. Helgesen
Dennis D. Johnson
Sandra L. Kennelly
Susan A. Niccum
Bradley J. Nielsen
Daniel J. Randall
Void
Howard Stark
Daniel J. Vogt
Ralph A. Wehle
Void
Brad Arnold
Keenan P. Fagan
Martey Jakel
Christopher G. O'Neill
Gerald Sachs
Michael G. Schmidt
Bradley J. Nielsen
Evelyn T. Beck
Void
State Treasurer
Metropolitan Waste Comm.
Void
Donald E. Zdrazil
Kathleen G. Schwankl
State Treasurer - Soc Sec
Minnetonka Bank
Commissioner of Revenue
ICMA Retirement Corp
City-County Credit Union
PURPOSE
Gen'l Supplies
Electronic Relay
Engine - Truck #25
Service for December
Contracted Services- Novemner
Gen'l Supplies
Typing supplies
Purchase Option - Copier
FLSA Handbook
January 86 Budget
Payroll/Personel NMS
Typewriter ~ Finance
Vaccum Cleaners
Refill Postage Meter
Jan '86 Mayor Salary
Jan '86 Council Salary
" " "
"
"
"
AMOUNT
24.25
75.47
763.00
74.00
379.26
113.81
205.00
858.73
65.00
23,937.83
1,550.00
680.00
220.00
550.00
150.00
100.00
100.00
100.00
100.00
90.00
760.87
531. 68
528.25
569.94
590.68
439.25
718.44
601.79
000.00
574.97
855.86
541.68
000.00
45.13
148.75
164.75
235.88
320.75
219.38
37.59
7.88
000.00
1,169.35
1,683.00
000.00
767.38
438.32
1,602.88
1,263.00
583.00
173.00
42.00
Continued on next page................................
"
"
"
Annual Plan. for Bldg Off
80 hrs
80 hrs
80 hrs
80 hrs
80 hrs
80 hrs
80 hrs
82 hrs R / 2 hrs OT
Void
80 hrs
80 hrs
82 hrs
Void
9.5 hrs
35 hrs
37 hrs
55.5 hrs
73 hrs
57.5 hrs
Mileage
I'li leage
Void
Building Permit Surcharge
SAC Charges Dec '85
Void
80 hrs
74.75 hrs
1/4/86 payroll - FICA
1/4/86 payroll - FWH
1/4/86 payroll - SWH
1/4/86 payroll - ICMA
1/4/86 payroll - Credit Union
CHECK NO
4195
4196
4197
4198
4199
4200
4201
4204
4203
4204
4205
4206
4207
4208
4209
4210
4211
4212
4213
4214
4215
4216
4217
4218
4219
4220
4221
4222
4223
4224
4225
4226
4227
4228
4229
4230
4231
4232
4233
4234
4235
4236
4237
4238
4239
4240
4241
4242
4243
4244
4245
4246
.
.
LIQUOR FUND - BILLS PAID SINCE DECEMBER 16, 1985
TO WHOM PAID
BellBoy Corporation _~_
Coca-Cola Bottling Mi~west
Day Distributing Co. _
Eagle Distributing C6A
East Side Beverage. Go.
Griggs, Cooper & Co.
Intercontinental Pkg Co.
Johnson Bros. Wholesale
Mark VII Distributors
Minn. Suburban Newspapers
Nelson Enterprises
North Star Ice
Old Dutch Foods, Inc.
Pepsi Cola Bottling Co.
Ed. Phillips & Sons Co.
Pogreba Distributing
Prior Wine Co.
Quality Wine & Spirits Co.
Royal Crown Beverage Co.
Superior Products
Wine Purchases
Weekly News, Inc.
Minnesota Mutual Life
City of Shorewood
Commissioner of Revenue
Russell R. Marron
Robert F. Nash
Ross Nasset
Christopher Schmid
Donald Tharalson
Stephen H. Thies
John F. Josephson
William F. Josephson
Susan M. Latterner
Steven D. Maeger
Christopher J. Meyer
Todd H. Ogin
Stewart R. Peterson
Dean H. Young
State Treasurer - Soc Sec
Minnetonka Bank
Commissioner of Revenue
State Treasurer - PERA
Physicians Health Plan of MN
AT&T
BellBoy Corporation
Eagle Distributing Co.
Griggs, Cooper & Co.
Intercontinental Pkgs Co.
Johnson Bros. Wholesale
Jude Candy & Tobacco Co.,
Minnesota Bar Supply, Inc.
PURPOSE
Liquor Purchases
Pop Purchases
Mise/Pop/Beer purchases
Liquor/Wine Purchases
Beer Purchases
Liquor Purchases
Wine/Liquor Purchases
Wine Purchases
Beer Purchases
Advertising
Liquor/Wine Purchases
Mise Purchases
Misc Purchases
Pop Purchases
Liquor/Wine Purchases
Beer Purchases
Wine Purchases
Wine/Liquor Purchases
Pop Purchases
Office Supplies
Wine Purchases
Advertising
Employee Life Ins.
Nov. '85 Bookkeeping
Nov. '85 Sales Tax
80 hrs
19 hrs
8 hrs
38 hrs
28 hrs
23.5 hrs
33 hrs
80 hrs
26 hrs
62.5 hrs
25 hrs
2.5 hrs
21.5 hrs
80 hrs
Dee 21 payroll - FICA
Dee 21 payroll - FWH
Dee 21 payroll - SWH
Dee 21 payroll - PERA
Employee's Health Ins
Utilities
Liquor Purchases
Liquor/Wine Purchases
Liquor Purchases
Wine Purchases
Wine Purchases
Cigarette/Pop/Mise Purchases
Misc Purchases
Continued on next page
AMOUNT
2,240."?8
213 .25
1,412.35
3,705.49
1,576.75
215.08
632.03
1,324.11
1,543.55
360.00
552.50
39.20
84.87
152.25
1,172.21
2,085.96
284.00
1,411.60
39.00
94.34
957.38
40.00
35.29
256.00
6,409.45
439.70
80.75
34.00
151. 50
128.40
104.93
134.89
504.80
138.70
257.65
111.75
10.63
97.83
429.70
261. 34
253.00
95.00
152.91
310.64
21. 66
1,988.68
7,212.78
6,451.30
1,962.43
1,948.07
1,215.45
176.01
CHECK NO
4247
4248
4249
4250
4251
4252
4253
4254
4255
4256
4257
4258
4259
4260
4261
4262
4263
4264
4265
4266
4267
4268
4269
4270
4271
4272
4273
4274
4275
4276
4277
4278
4279
4280
4281
4282
4283
4284
4285
4286
4287
4288
4289
4290
4291
4292
4293
4294
4295
4296
4298
4297
.
.
LIQUOR FUND - BILLS PAID SINCE DECEMBER 16, 1985
TO WHOM PAID
Minn. Suburban Newspapers,
Minnesota Victoria Oil Co.
NWB
NSP
Paustis & Sons
Ed. Phillips & Sons
Void
Quality Wine & Spirits Co.
Twin City Wine Co.
Ryan Properties, Inc.
Village Sanitation, Inc.
Minnesota Bar Supply, Inc.
Prior Wine Co.
Jude Candy & Tobacco
LMC Insurance Trust
Internal Revenue Serv
Harry Niemela
Bellboy Corporation
Capitol City Distributing
Eagle Distributing Co.
Griggs, Cooper & Co.,
Intercontinental Pkg Co.
Johnson Bros Wholesale
Minnegasco
Minn Suburban Newspapers
NWB
Ed. Phillips & Sons Co.
Prior Wine Co.
Quality Wine & Spirits Co.
Twin City Wine Co.
Tombstone Pizza Corporation
Brad Holthe
Russell R. Marrion
Robert F. Nash
Ross Nasset
Todd H. Ogin
Christopher Schmid
Donald Tharalson
Stephen H. Thies
John F. Josephson
William F. Josephson
Susan 1'1 Latterner
Steven Naeger
Christopher J. Meyer
Stewart R. Peterson
Dean H. Young
Russell R. Marron
State Treasurer - FICA
The Ninnetonka Bank
Commissioner of Revenue
State Treasurer - PERA
State Treasurer - PERA
PURPOSE
Advertising
Ut il it ies
Utilities
Utilities
Wine Purchases
Wine/Liquor Purchases
Void
Wine/Liquor/Mise Purchases
Wine Purchases
January Rent
Garbage Removal
Mise Purchases
Wine Purchases
Mise Purchases
'85 Work Comp Prem
License
January '86 Rent
Liquor Purchases
Wine Purchases
Liquor/Wine Purchases
Liquor Purchases
Wine Purchases
Wine Purchases
Utilities
Advertising
Utilities
Liquor/Wine Purchases
Wine Purchases
Liquor/Wine Purchases
Wine Purchases
Mise Purchases
20.5 hrs
80 hrs
12.5 hrs
14 hrs
6 hrs
47.5 hrs
25 hrs
20 hrs
47 hrs
80 hrs
45 hrs
47 hrs
35 hrs
39.5 hrs
80 hrs
Mileage
1/4/86 Payroll - FICA
1/4/86 payroll - FWH
1/4/86 payroll - SWH
PERA - John F. Josephson
1/4/86 payroll - PERA
TOTAL
AMOUNT
244.14
195.80
59.59
498.00
242.46
2,365.30
000.00
3,986.68
1,334.56
1,715.00
90.00
162.27
1,045.30
11.78
309.61
1,652.61
882.50
2,103.40
438.12
1,981.02
757.56
477.77
814.60
360.94
131.48
61. 39
1,071.29
244.28
1,427 .80
1,548.73
6.75
87.13
443.10
53.13
59.50
25.50
208.53
11 7 .00
91. 00
181.45
505.80
170.92
199.33
152.25
179.73
430.10
18.90
268.76
254.00
99.00
7.96
155.05
$81,440.71
.
.
PARK COMMISSION MINUTES
MONDAY, NOVEMBER 18, 1985
page five
SNOWMOBILE ORDINANCE - continued
-
Commissioner Squires said she sees Chairman Lindstrom's point of view. She also
feels that the Associations present have not come to argue but are trying their
best to come up with a solution to the problem.
Jeff Hanson-Pres. SWTA- said that they do plan to patrol all the trails this year.
Bernie Hanson said that it is a law that the snowmobile numbers are reflectorized
and at least 3" high on the side of the vehicles.
Bob Smith-Mound-said the Hennepin County Water Patrol has a Snowmobile Patrol,
so does the DNR.
The railroad corridor is groomed from the Dredging Company to Victoria.
Jim Reiss-Mtka-said that the Railroad was still in use when snowmobiles were banned
in Minnetonka. He said he is sure that if the corridor had been abandoned at that
time, it would have been a different story, and that the Tonka Trailblazers Associatior
would have gained use of it. He said he has talked to many people that have been
involved and they agree.
Commissioner Jakel said he has problems with the fact that snowmobiles cut through
Cathcart Park and he does not feel it is safe. He was informed that the trail
no longer does pass through the park and that it shouldn't be used. The Southwest
Trail Association said they will post signs to keep the snowmobiles from passing
through the park.
Commissioner Squires suggested that the snowmobilers contact shops and stores,
and make parents aware of the problem.
Bernie Hanson-Chanhassen Lawn and Sports-said that as a dealer he always does
this.
Bob Wenisch-Jordon-said the information also comes with registration and whenever
you buy a new snowmobile.
Schmid moved, Jakel seconded, that the decision be deferred until the next meeting.
Motion carried unanimously.
SKATING RINKS
Sound System-Chairman Lindstrom has talked to Gary Carl and he wants $300 for
an amplifier, 2 speakers and a mike. Commissioners suggested that ~ boom box
would be efficient and not such an expense. They requested staff to' check into
this with Best Buy Company, LaBelles, and Warner Hardware.
Attendant Salaries-Schmid moved, Squires seconded, to leave the salaries at a
range of $4.25 the first year, $4.50 the second year, and a top of $4.75.
Motion carried unanimously.
Schmid moved, Vogel seconded, to pay Martey Jakel 21, a mile, not to exceed 30
miles a week. Motion carried unanimously.
Newspaper Articles-were approved by the Commission as written. The','Attendant
ads are to be run in the two local papers and the Minnesota Daily.
-
4-A
.
.
CITY OF
SHOREWOOD
MAYOR
Robert Rascop
COUNCI L
Jan Haugen
Tad Shaw
Kristi Stover
Robert Gagne
ADMINISTRATOR
~ Daniel J. Vogt
_.~'p7~5 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 .-(612) 474-3236
MEMO TO: Mayor and Councilmembers
FROM: Dan Vogt ~
DATE: January 8, 1986
SUBJECT: Snowmobile Ordinance Review
A complaint was registered by a resident living on Teal Circle relative
to the use of the Hennepin County Regional Railroad Corridor by snowmobiles.
The complainant indicated that snowmobiles are racing up and down the
corridor at all hours of the day and night. It was also indicated that a
litter problem sometimes exists due to snowmobile operators. This
complaint was forwarded to the Park Commission for review. I also asked
the Park Commission to review the snowmobile ordinance for any revision it
felt was necessary.
Over the past couple of months the Park Commission has studied this
issue with the residents as well as snowmobilers. The Commission's
recommendation is included in the Park Commission minutes included in your
Council packet.
The 20 M.P.H. speed limit recommendation seems to be covered in Ordinance
No. 97 which amends Ordinance No. 59. Ordinance No. 97 states that it
is unlawful for snowmobiles to travel at speeds greater than 20 M.P.H. on
a public street or roadway. Clarification as to if this provision also
applies to the corridor will be made prior to your January 13 meeting.
DJV:ph
A R",.<:irl",ntial Comm/lnitv on I flk", Minnp.tonkR~<: SO/lth Shore
4B
,/" .
/
.
1 . Deputy Mayor
RESOLUTION NO.
2. Representatives to:
a. Public Works -
b. Park and Recreation Liaison -
c. Liquor Stores -
d. South Lake Minnetonka Public Safety -
e. City Communications -
(Neighborhood Groups)
f. Planning Commission Liaison -
g. Budget and Finance -
h. Audit Committee -
i. Union Negotiations
j. Intergovernmental Affairs
1. Liaison to Metro Council
2. State Government
3. County Government
Minnehaha Creek Watershed District -
k. Public Relations and Newsletter
(Contributions by Council)
1. Shade Tree Disease Program -
m. Insurance-
bA
f
.
.
3. Staff
a. Administrator/Treasurer - Daniel Vogt
b. City Clerk - Sandra Kennelly
c. Public Works
Donald Zdrazil
d. Liquor Store Manager - Bill Josephson-
e. Auditor - Matthias, Roebke & Maiser
f. Planner/Building Official - Bradley Nielsen
g. Finance Director - Evelyn Beck
4. Attorney
5. Engineer
Orr Schelen-Mayeron & Associates
6. Health Officer
Dr. Greg Seifert
7. Fire Marshall
Mark Kuhnly
8. Representatives to Affiliated Organizations:
a. Association of Metro Municipalities -
b. Minnetonka Community Services -
c. Lake Mtka. Conservation District -
d. Lake Minnetonka Caole Communication Commission -
.
.
9. Bank Deposi tory'
Minnetonka Bank and other depositories as necessary.
10. Newspaper
11. Planning Commission Appointments
Chairperson: Janet Leslie
Members: Bruce Benson 3 year term to expire 12/31/88
Vern Watten 3 year term to expire 12/31/88
12. Park Commission Appointments
Chairperson: Conrad Schmid
Vice Chair: Mari Kooi
Members: Martey Jakel 3 year term to expire 12/31/88
Mari Kooi 3 year term to expire 12/31/88
13. Solid Waste Disposal Appointment -
14. Hazardous Waste Disposal Appointment -
.
.
1. Deputy Mayor
RESOLUTION NO.~-~SI
Jan Haugen - appointed to first half of year
Tad Shaw - appointed to second half of year
2. Representatives to:
a. Public Works - Tad Shaw
b. Park & Recreation Liaison - BOb Gagne
c. Liquor Stores - Kristi Stover and Bob Gagne
d. So. Lake Mtka. Public Safety - Robert Rascop
e. City Communications - Jan Haugen
(Neighborhood Groups)
f. Planning Commission Liaison - Kristi Stover
g. Budget & Finance - Robert Rascop and Kristi Stover
h. Audit Committee - Tad Shaw and Bob Gagne
i. Union Negotiations - Tad Shaw and Robert Rascop
j. Intergovernment Affairs - Robert Rascop and Jan Haugen
1. Liaison to Metro Council - Robert Rascop
2. State Government and Jan Haugen
3. County Government
Minnehaha Creek Watershed District - Bob Gagne
k. Public Relations & Newsletter - Kristi Stover
(Contributions by Council) and Sandy Kennelly
1. Shade Tree Disease Program - Dan Vogt
m. Insurance - Tad Shaw
bB
.
.
3. Staff
a. Administrator/Treasurer - Daniel Vogt
b. City Clerk - Sandra Kennelly
c. Public> Works - Donald Zdrazil
d. Liquor Store Manager - Bill Josephson
e. Auditor - Matthias, Roebke & Maiser
f. Planner/Building Official - Bradley Nielsen
g. Finance Director - Evelyn Beck
4. Attorney
Gary Larson - To resign March 15th, 1985
5. Engineer
Orr-Schelen-Mayeron & Associates
6. Health Officer
Doctor Greg Seifert
7. Fire Marshall
Mark Kuhmly
8. Representatives to Affiliated Organizations:
a. Association of Metro Municipalities - Jan Haugen
and League of Minnesota Cities -
b. Minnetonka Community Services - Tad Shaw
c. Lake Mtka. Conservation District - Robert Rascop
d. Lake Minnetonka Cable Communication 'Commission - Jan Haugen
and
Bob Gagne
.
.
9. Bank Depository
Minnetonka Bank and other depositories as necessary.
10. Newspaper
Gagne moved, seconded by Stover to appoint Minnesota Suburban
Newspaper, for discussion. Motion was denied.
1 aye (Gagne), 3 nays, 1 abstain (Haugen). Shaw
seconded by Stover to appoint Weekly Newspaper.
accepted effective 1/15/85.
3 ayes, 1 nay (Gagne), 1 abstain (Haugen).
moved,
Motion
11. Planning Commission Appointments
Chairperson: Janet Leslie
Members: Mary Boyd - 3 year term to expire 12/31/87
James Schultz - 3 yr. term to expire 12/31/87
12. Park Commission Appointments
Chairperson: Gordon Lindstrom
Vice-Chair: Conrad Schmid
Members: Gary Carl - 3 yr. term to expire 12/31/87
Roger Stein - 3 yr. term to expire 12/31/87
(intends to resign 2/1/85)
13. Solid Waste Disposal Appointment - Jan Haugen
14. Hazardous Waste Disposal Appointment - Robert Rascop
Moved by'Haugen, seconded by Rascop to accept all appointed as
assigned. Resolution adopted by Roll Call Vote - 5 ayes.
.
.
MAYOR
Robert Rascop
COUNCI L
Jan Haugen
Tad Shaw
Kristi Stover
Robert Gagne
ADMINISTRATOR
Daniel J. Vagt
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: 26 SEPTEMBER 1985
RE: ROSENTHAL, E.G. - PROPOSED COMPREHENSIVE PLAN AMENDMENT
(PREAPPLICATION STAGE)
FILE NO: 405 (85.30)
BACKGROUND
Mr. E.G. (Gene) Rosenthal has requested preapplication review of a
comprehensive plan amendment to develop an office complex on property
located at 5405 St. Alban's Bay Road and 20095 Excelsior Boulevard
(see Site Location map - Exhibit A, attached).
The applicant proposes to construct two, two-story buildings containing
a total of 44,800 square feet of area. As shown on Exhibit B, the
property in question consists of two parcels of land containing approx-
imately 5.2 acres and occupied by two single family residences. The
two houses will be removed from their current locations and possibly
relocated on two lots to be created on the Excelsior Boulevard side
of the property.
The property is currently zoned R-2A, Single and Two Family Residential.
Surrounding land use and zoning as follows:
North and West:
East:
South:
Single family residential, zoned R-2A
Church, zoned R-2A
State Highway 7 then park property,
zoned R-1A and fruit and vegetable stand
(proposed commercial portion of the Trivesco P.U.D.)
The property is currently designated as low to medium density residential
(2.3 units per acre) in the comprehensive plan. The applicant proposes
A Residential Community on Lake Minnetonka's South Shore
7A
. .
PLANNER'S MEMO
ROSENTHAL - PROPOSED COMPREHENSIVE PLAN AMENDMENT (PREAPPLICATION STAGE)
26 SEPTEMBER 1985
page two
that the land use designation be changed to commercial. Upon favorable
review of the preapplication stage of the amendment process, the applicant
would make formal application to amend the plan and simultaneously
request a rezoning from R-2A to R-C, Residential Commercial. A cond-
itional use permit would also be required for offices in an R-C district.
ISSUES AND ANALYSIS
As you are aware, the comprehensive plan amendment process is divided into
two stages. Preapplication stage gives an applicant the opportunity to
present his ideas to the Planning Commission and City Council on a rather
informal basis and without spending a great deal of money on detailed
plans. Yet, sufficient information is provided for the City to concept-
ually evaluate the proposal and provide further direction to the applicant.
Presumably then the applicant can better gear his formal application to
addressing questions and concerns of the community.
The basis for evaluation of the proposal is the Policy Plan chapter of
the Comprehensive Plan. The proposed development should be compared
to goals and policies contained therein. Following are the major
elements to be considered:
A. Land Use. There appear to be two primary issues relative to land
use - marketability and potential impact on the surrounding neighor-
hood. The market for office space has, in the past, been ident-
ified as being somewhat "soft". This has been verified to some
degree by the continued vacancy of nearly half of the Shorewood
Professional Building. If the proposal goes to the formal appli-
cation stage, the City should insist upon a land use marketability
study demonstrating the current demand for office space in our
area.
While the R-C zoning district is intended to be used as a transit-
ional zone between high and low intensity land uses, the proposed
development represents a rather significant change from what has
been proposed for the area. The land use designation and zoning
for the subject property would allow a maximum of 14-15 residential
dwelling units. The most significant impact will be the result of
traffic generated by the commercial activity. This will be dis-
cussed in greater detail further on in this report.
There will undoubtedly be considerable neighborhood opposition to
the proposed commercial development of the site. Residents north
of Highway 7 were extremely vocal about the proposed commercial
south of the highway. One of their greatest concerns at that time
was that commercial development would be allowed to "creep" across
the highway. The City will no doubt be reminded that residents
were assured that commercial development need not and would not be
allowed to spread into their neighborhood.
. .
PLANNER'S MEMO
ROSENTHAL - PROPOSED COMPREHENSIVE PLAN AMENDMENT (PREAPPLICATION STAGE)
26 SEPTEMBER 1985
page three
B. Transportation (Traffic). This is probably the greatest area of
concern relative to this proposal. One of the first problems
identified to the developer was that access to the site is consid-
ered inadequate for the proposed use. Traffic leaving the site
going west and coming to the site from the east will have direct
access to the highway. Traffic leaving the site to the east or
coming to the site from the west will have to find its way from
the Vine Hill Road intersection along Excelsior Boulevard or from
the Christmas Lake Road intersection along the service road and
St. Alban's Bay Road. Additional traffic along both of these
routes will impact residents north of Highway 7.
It should be noted that the City considered the possibility of
creating a full intersection for Old Market Road (proposed for the
Trivesco P.U.D. to the south). This alternative was dismissed due
to the result it would have on traffic patterns to the north.
Furthermore, the Department of Transportation has yet to approve
even the proposed half intersection for Old Market Road. As you
are aware, the decision on that proposal has been delayed pending
a corridor study of Highway 7. Until some decision has been reached
relative to the corridor study, it is felt to be premature, at
very best, to consider increasing the intensity of land use north
of the highway.
C. Community Facilities/Public Utilities. City water is not currently
available to the site and will not be for quite some time, if ever.
In this regard, the primary concern is fire protection for the
development. Even if water could be acquired from the Trivesco
development to the south, it will likely be at least 4-5 years before
it would even be available.
In the past, sanitary sewer service has not posed a problem in
Shorewood. The design of the sewer system is considered more than
adequate to accommodate future saturation development. Recently,
however, the Metropolitan Waste Control Commission has been
increasingly concerned with the timing of development in the area
due to the delayed construction of the Lake Ann interceptor. Since
they are concerned with development which has already been proposed
in the Comprehensive Plan, they m~y have a problem with increasing
land use intensity at this time. This issue will be resolved upon
construction of the Lake Ann interceptor project.
The proposed development will increase the amount of impervious
surface coverage on the subject property over the proposed resident-
ial use of the area. Since drainage has been raised as an issue in
the past, any further review of the proposal should include plans.
for addressing drainage.
. .
PLANNER'S MEMO
ROSENTHAL - PROPOSED COMPREHENSIVE PLAN AMENDMENT (PREAPPLICATION STAGE)
26 SEPTEMBER 1985
page four
Potential impact on the Shorewood parks system is considered
insignificant. Based upon the current fee structure, residential
development would generate as much as $6000 in dedication fees.
The proposed commercial development would generate approximately
$4650.
D. Proposed Zoning/Site Design. While the preapplication stage of the
amendment process is not intended for detailed site plan review, it
is worthwhile to compare the proposed plan to the proposed zoning.
In this regard, the site plan shown on Exhibit D complies with all
lot size and setback requirements of the R-C district.
It is worth noting that the site is characterized by a rather severe
change in topography. Contours drop from 1000 feet in the western-
most portion of the site to 976 feet in the northeast portion. It
is assumed that major site alteration in the form of filling and
grading will be necessary to accommodate development. Future plans
should demonstrate the extent of such alteration.
If the proposal goes on to formal application, it would be advisable
for the developer to prepare cross-section drawings showing the
relationships between adjoining residential property and the proposed
buildings.
RECOMMENDATION
The Comprehensive Plan Amendment Guidelines require that the applicant prepare
a written description of how the proposed amendment relates to the Comprehen-
ive Plan and demonstrating why the Plan should be changed. As of this writ-
ing this has not been done. Presumably the applicant will have such inform-
ation available for the Planning Commission on 1 October.
The concern relative to site access and traffic impact make it impossible to
favor the proposed amendment, particularly at this time. Even the Trivesco
commercial area' is subject to MnDOT's approval of access to Highway 7.
If, however, the developer feels that a formal application is worth pursuing,
it is recommended that the City require the following:
1. Preparation of a land use marketability study demonstrating the market
for office space in our area.
2. A traffic study describing the nature and amount of traffic which would
be generated by the proposed development and outlining proposed
solutions to the problem noted herein.
. .
PLANNER'S MEMO
ROSENTHAL - PROPOSED COMPREHENSIVE PLAN AMENDMENT (PREAPPLICATION STAGE)
26 SEPTEMBER 1985
page five
3. The developer should contact the Metropolitan Waste Control Commission
relative to current sewer capacity and whether the proposed development
will have any impact on Shorewood's current development plans.
4. Additional drawings should be prepared illustrating how the site will
be changed and the proposed cross-sectional relationships between the
new and existing development.
Finally, although it can not be required, it is strongly suggested that the
applicant meet and work with residents in the area surrounding the site prior
to submitting a formal application. Presumably their concerns would be
addressed in his formal application.
cc: Dan Vogt
Jim Norton
Glenn Froberg
E.G. Rosenthal
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SITE LOCATION
Rosenthal - Proposed Comprehensive
Plan amendment
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LARSEN
ARCHITECTS
WAYZATA BLVD. & HWY. 100
162 SOUTH PLAZA BLOG
MINNEAPOLIS, MN 55416
(612) 541-9969
.
.
September 10, 1985
Attachment to Shorewood Application Form ~~
Applicant requests change in~~ ~ plan for
subject property from curren R-1A zoning classification
to R-C classification to allow or development of rental
and condominium offices as shown on attached plan.
Development will include landscaped buffers between
office buildings and adjacent residential property as
well as landscaped open areas, plazas and picnic area.
The design of the buildings will be 2 story with pitched
roofs, stone and wood siding, and possible 2nd story
balconies to provide a residential character and scale.
The following consultants have been involved:
Architect & Land Planner
Wirtanen Clark Larsen Architects
162 South Plaza Building
Minneapolis, MN 55416
Attorney-Review of Title
Sween, Salazar and Barry, Ltd.
Attorneys & Counselors at Law
National City Bank Bui1ding-Ridgedale
1809 Plymouth Rd. South
Suite 300
Minnetonka, MN 55343
Surveyor of Original Property
Otto Associates
Land Surveyors
P.O. Box 283
Buffalo, MN 55313
Exhibit E
APPLICANT'S REQUEST LETTER
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CITY OF
SHOREWOOD
MAYOR
Robert Rascop
COUNCI L
Jan Haugen
Tad Shaw
Krist i Stover
Robert Gagne
ADMINISTRATOR
Daniel J. Vogt
.
5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 . (612) 474-3236
MEMORANDUM
TO: PLANNING COMMISSION, MAYOR AND CITY COUNCIL
FROM: BRAD NIELSEN
DATE: 1 DECEMBER 1985
RE: ROSENTHAL, E.G. - PROPOSED COMPREHENSIVE PLAN AMENDMENT -
FORMAL APPLICATION
FILE NO.: 405 (85.30)
BACKGROUND
In September of this year, Mr. E.G. Rosenthal submitted a preapplication for a
Comprehensive Plan amendment to build an office complex on the north side of
State Highway 7, just west of the Excelsior Covenant Church property (see
Site Location map - Exhibit A, attached). In response to direction given him
at the October Planning Commission meeting, Mr. Rosenthal has modified his
plans. As shown on Exhibit B, an additional parcel has been added to the site,
and the buildings have been reduced in size but increased in number to two.
ANALYSIS/RECOMMENDATION
A staff report dated 26 September 1985 contained a review of Mr. Rosenthal's
preapplication for the proposed Comprehensive Plan amendment. The following
comments relate back to that report.
A. Land Use. The applicant has submitted a written statement (Exhibit C,
attached) comparing the proposed office use to the existing residential
land use designation contained in the Shorewood land use plan.
In the 26 September staff report it was suggested that the City require the
developer to prepare a land use marketability study demonstrating the demand
for office space in our area. This is still considered essential for proper
evaluation of the proposed land use change. If, for example, the market
for office space is limited, the City might be compelled in the future to
allow other commercial uses such as retail. Arguments favoring office space
would not hold true for more intense commercial activity.
A Rp...irlpntiRI Communitvnn LRkp. Minnetonka's South Shore
18
.
.
Re: Rosenthal, E.G.
1 December 1985
page two
B. Transportation (Traffic). The 26 September staff report identified site
access as one of the most critical issues to be addressed in evaluating the
applicant's proposal. The applicant modified his proposal, suggesting
that the new intersection on Highway 7 be extended to the north. This
proposal raises additional questions:
1. Will Mn/DOT allow a full intersection without completely closing the
existing Vine Hill Road intersection?
2. If Vine Hill Road is closed off at Highway 7, how will that traffic get
to the new intersection? Via a new service road parallel to the
highway? Via an upgraded Excelsior Boulevard?
3. How will existing traffic patterns north of the highway be influenced
by the new intersection? What will be the effect on residential
neighborhoods to the north?
4. If improvements are necessary (e.g. upgrade Excelsior Boulevard or
build a new service road) to have a full intersection, who will pay for
the improvements?
After discussing this issue at length with the City Engineer, we are in
agreement that any decision relative to a full intersection should be made
after the Highway 7 corridor study has been completed.
C. Community Facilities/Public Utilities. The applicant has not addressed water
service for the site. He has, however, addressed storm water runoff by
proposing an onsite ponding area (see Exhibit B). Design and sizing of the
ponding area will be subject to review and approval by the City Engineer
and the Minnehaha Creek Watershed District in subsequent stages of the
review process.
D. Site Design. As suggested in the earlier staff report, the applicant has
provided a cross-section drawing (see Exhibit D, attached) showing the
spacial arrangement between the proposed buildings and existing homes in
the area. Please note that the reduced copy is quite difficult to read.
A better, full scale drawing will be available for review at the meeting on
Tuesday night.
The applicant has also revised his proposed building elevations as shown on
Exhibit E.
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SITE LOCATION
Rosenthal - comprehensive plan
amendment - proposed offices
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11.5.85
ATTACHMENT TO SHORE WOOD APPLICATION FORM
SHORE WOOD OFFICE DEVELOPMENT
COMPARISON AND ANALYSIS
Mr. E.G. (Gene) Rosenthal of Shorewood, Minnesota, is
petitioning for the rezoning of the property which is
currently zoned R-2A (Single and Two Family Residential).
The Comprehesive Guide Plan calls for low to medium density
residential and Mr. Rosenthal proposes rezoning to R-C,
Residential Commercial, for residential style offices.
The proposal to substitute an office zone for a medium
density residential zone will provide a buffer of business
development for the residential neighborhood along and north
of Excelsior Boulevard. The office development would also
act as a buffer from the noise generated by the traffic of
Highway 7. The design of the buildings, their placement on
the existing terrain and the planned residential style
facade of the buildings will make a transition between the
residential and Highway 7 commercial developments. The
residential style of the Shorewood Office Development
greatly diminishes the impact of the commercial development
to the neighboring residential districts.
The office development of the site will remove a medium
density residential opportunity. It is our contention that
the site would not be desirable for a quality residential
development due to noise generated by Highway 7 traffic.
On the other hand, development of the site as medium density
residential will not only provide the additional traffic on
Excelsior Blvd and Highway 7, but will provide such traffic
24 hours a day seven days a week. The office development
would have little or no weekend traffic and no late evening
traffic with access restricted to the Highway 7 corridor.
The traffic from a twin home development could exceed 100
trips per day with some of it traveling on Excelsior Blvd.
And even though the traffic generated by the office
development may be 300-400 trips per day, it would arrive
and depart directly to Highway 7. Further, the homeowners
in a medium density residential unit will have the
unpleasant view of the Highway 7 traffic corridor. This
view will not be an impediment to use in occupancy of an
office building.
The design for the office buildings, as mentioned above,
will be residential both in character and scale. The
complex will consist of four 2-story buildings with
balconies, graceful overhangs, and residential-style windows.
Each building will be between 9,000 to 14,000 square feet
and will be further broken up in massing by 1 or 2 building
Exhibit C-l
APPLICANT'S LAND USE COMPARISO'
. .
.
.
jogs in plan. Building signage will be provided by
freestanding kiosks near the parking lot identifying offices
by suite number. Numbers will be provided at individual
office doors similar to house numbers. There will also be a
small ground-mounted entry sign at the drive identifying the
complex.
Site lighting will be accomplished by six 250 watt HPS
fixtures in the parking lot on 25 foot high poles. The
fixtures will be a low angle cut-off type that blocks off
any light above 750 and reflects it back down. This will
make it impossible to see the light source if more than
approximately 95 feet from the light pole. There will be 3
similar light fixtures provided near the sign kiosks at the
north end of the parking lot. These will be 150 watt HPS
fixtures on 10' poles. There will be some additional
residential type light fixtures near the office doors. The
four buildings wrap around the site buffering the
residential properties from the parking lot, all site
lighting, and noise and views from Highway 7.
A zoning change from R-2A to R-C will be necessary to
implement the comprehensive Plan Amendment.
In conclusion, we believe that by observing a twin home
development and comparing it with the Shorewood Office
Development it is clear that aesthetically the office
building would provide a more attractive buffer between
Highway 7 and residential neighborhoods. It will also
provide a more practical buffer and smooth the transition
from commercial to residential without an abrupt change. We
believe that when you have an opportunity to study the
proposed office building versus a feasible medium Qensity
residential development, that you will also determine the
office building to be a better use for the site.
Exhibit C-2
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REVISED BUILDING ELEVATIONS
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December 3, 1985
Planning Commission, Mayor and City Council Members
City of Shorewood
Shorewood, MN 55331
Attached please find, for your consideration, a petition signed by
neighbors opposing Mr. Rosenthal's proposed rezoning from R-2-A to
R-C. These neighbors are not only notified property owners, who are
in a close proximity to this proposed area, but neighbors who feel
they will be affected by traffic, noise and loss of property value.
We, who are concerned neighbors of .this area, hope that you will
take all of .our concerns, both this petition as well as verbal or
written concerns, into consideration when you make your recommendation.
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CITY OF
SHOREWOOD
MAYOR
Robert Rascop
COUNCI L
Jan Haugen
Tad Shaw
Kristi Stover
Robert Gagne
ADMINISTRATOR
Daniel J. Vogt
5755 COUNTRY CLUB ROAD- . SHOREWOOD. MINNESOTA 55331 . (612) 474-3236
MEMORANDUM
TO: MAYOR AND CITY COUNCIL
FROM: BRAD NIELSEN
DATE: 9 JANUARY 1986
RE: COVINGTON VINE RIDGE P.U.D. - FINAL PLAT
FILE NO.: 405 (83.46)
The final plat drawings for Covington Vine Ridge P.U.D. have been
submitted and will be discussed with the Council at Monday night's
meeting (you will receive reduced copies of the plat under separate
cover) .
The staff is currently in the process of preparing a development agreement
which will complete the approval process for the project. It is anti-
cipated that the agreement will be discussed with the Council on Monday
night in an outline format. Hopefully this will allow us to review the
complete document at the 27 January meeting.
Meanwhile, the developer has requested approval of one building permit in
order to start a model home. This is similar to the situation we had
with Waterford, and the staff sees no problem with issuing the permit.
It is common practice in other cities to allow one building permit for
a parcel of property. As we did with Waterford, we would get a letter
from the developer agreeing not to request a certificate of occupancy
until the development agreement is signed and the final plat is recorded.
If you have any questions relative to the plat or the process, please do
not hesitate to contact my office.
BJN:ph
cc: Dan Vogt
Jim Norton
Glenn Froberg
Ron Hilmer
A Rp<:;rlpnt;a/ f:nmmlln;tv fin I.akp. M;nnp.tflnka~<: SOllth 8hof'P.
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MAYOR
Robert Rascop
COUNCI L
Jan Haugen
Tad Shaw
Kristi Stover
Robert Gagne
ADMIN ISTRA TOR
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: 6 JANUARY 1986
RE: O'SULLIVAN, TERRY - SIMPLE SUBDIVISION
FILE NO.: 405 (85.40)
BACKGROUND
Mr. Terry O'Sullivan has requested approval of a simple subdivision of his
property located at 5965 Mill Street (see Site Location map - Exhibit A,
attached). The property is located in the R-1A, Single Family Residential
District and. contains-approximately 2.15 acres. Mr. O'Sullivan proposes to
split the property in two, as shown on Exhibit B.
The property in question is occupied by Mr. O'Sullivan's house on the easterly
-c5ideanda:.smal:l,'cman."..,made-c pondingare-a Q-fl::.t-he westerly side.
d.1\Ni\LYSI.;g=!REGOMMENDATION
As. ,shown intbe;following comparisonthepro.posalcomplies in all respects to
- -tire--re-qui rement:sof~the:::ShorewoodZoningOrd i nance .
Proposed
Required Parcel A
Lot area: 40,000 sq. ft. 45,302 sq. ft.
Lot wi:dth: 120 ft. 163 ft.
Lot depth: 150 ft. 265 ft.
Proposed
Parcel B
48,352 sq. ft.
155 ft.
357 ft.
It should be noted that the man-made pond is not a designated wetland. Conse-
quently the area of the pond is not deducted from the allowable area of Parcel A.
A Residential Community on Lake Minnetonka's South Shore
9A
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Re: Terry O'Sullivan
6 January 1986
page two
Since Mill Street is a County road (Co. Rd. 82), the proposed division also
requires approval by the County Engineer. Also, since the road is designated as
a minor arterial in the Comprehensive Plan, direct property access should be
limited to the extent possible. It is therefore suggested that both lots be
served by a single common driveway. This will require cross easements between
the two lots.
Based upon the preceding, it is recommended that the applicant's request be
approved subject to the following:
1. The applicant must submit an up-to-date title opinion for the City
Attorney's review and approval.
2. New legal descriptions for the two lots must be ~ubmitted for inclusion
in the Council's resolution.
3. The request should be subject to review and approval by the Hennepin
County Engineer.
4. The applicant must provide drainage and utility easements 10 feet on each
side of each side and rear lot line.
5. Prior to release of the resolution approving the request, the applicant
must pay the $500 park dedication fee (credit is given for the lot with
the house on it).
6. The applicant must record the divisionowith Hennepin County within 30 days
of his receipt of the resolution. Failure to do so will void the City's
approval.
BJN:ph
cc": Dan Vogt
Glenn Froberg
Jim Norton
Terry&'Sullivan
(ST. AL/lAN$ BAY J
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Exhibit A
SITE LOCATION
O'Sullivan - proposed lot split
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PROPOSED DIVISION
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CHRISTMAS LAKE ASSOCIATION
1050 Holly Lane
Chanhassen, Minnesota 55317
January 8, 1986
Shorewood City Council
c/o Mr. Daniel J. Vogt, Administrator
City of Shorewood
5755 Country Club Road
Shorewood, Minnesota 55331
Dear Mayor and Members of the City Council:
On behalf of the Christmas Lake Association, I
am submitting to you for your consideration a proposed agreement
between the Department of Natural Resources, the City of
Shorewood and the Association concerning the proposed public
access on Christmas Lake. This proposed agreement represents
the result of several months of effort by all parties in
order to arrive at a mutually acceptable resolution of this
issue. We respectfully request that you put this matter
on the agenda for discussion and action at your meeting on
Monday, January 13, 1986.
As you will recall, on September 23, 1985 you approved
in concept the Association's proposal to donate the property
at 5695 Merry Lane to the City for use as a public water
access site, including a boat ramp and parking for up to
3 cars with trailers and 10 cars without trailers. Your
approval was subject to approval at a later date of the road
access and site design, following an additional public hearing,
and evidence of an attempt on our part to gain support for
this plan from DNR.
Since that time we have been engaged in extensive
negotiations with DNR, which finally resulted in late December
in a resolution acceptable to DNR and the Association. Since
the City would have a significant role in the approval, operation
and maintenance of the facility, DNR is requesting that the
City be a party to the written agreement settling this matter.
We have sent earlier drafts of the proposed agreement to
your staff, and have had a lengthy meeting on this subject
with the City's Administrator, Planner, and Attorney, as
well as the Mayor and one of the Council Members. The enclosed
agreement incorporates as far as possible the concerns expressed
by the City's representatives. We also expect that the enclosed
agreement will be acceptable to DNR in all respects, although
they have not yet given it their final blessing.
In brief, the agreement contains the following
major provisions:
(1) The Merry Lane site will be donated free and
clear to the City by the present owner.
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(2) DNR will design and build the public access
and the roadway, at its expense.
(3) The access will contain a boat launching ramp
and parking spaces for seven cars with trailers.
:(4) Boats using the public access will be subject
to a limitation on motor size of 25 horsepower
or less, for seven boating seasons.
(5) The City will own the access, and will be responsible
for operation and maintenance of the facilities.
(6) Upon execution of the agreement by all parties,
DNR will dismiss its condemnation proceeding
against the Christmas Lake Motel property.
The design plans to be prepared by DNR will be
subject to review and comment by the City and the Association.
In addition, the agreement makes clear that the City must
conduct the required public hearings on all requests for
zoning variances and other necessary approvals, and that
the City will make its decisions on these matters on the
basis of the applications submitted and the evidence presented
at such hearings, without prejudgment.
As with any good compromise, the proposed agreement
does not fully meet the desires of any party. We sincerely
believe, however, that it is the best resolution possible
under the circumstances, and that it substantially satisfies
the most important concerns of DNR, the City and the Association.
We hope that your review of the agreement will
lead you to reach the same conclusion, and that at your meeting
next Monday evening you will approve the agreement and authorize
the Mayor to execute it on behalf of the City. Representatives
of the Association will be available at the meeting to discuss
the agreement in more detail, if so requested by you. In
the meantime, if you have any questions or would like any
further information, please feel free to call me, Steve Bruce,
Heidi Larson or Bob Fayfield.
Thank you for your thoughtful consideration of
this matter.
Very truly yours,
CHRISTMAS LAKE ASSOCIATION
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CHRISTMAS LAKE
AGREEMENT
THIS AGREEMENT, made this ___ day of January, 1986, by and
between Christmas Lake Homeowners' Association (hereinafter
referred to as the -Association-), and the State of Minnesota,
acting by and through the Commissioner of the Department of
Natural Resources (hereinafter referred to as the -State-) and
the City of Shorewood, Minnesota (hereinafter referred to as
the -City-), and Robert W. Fayfield, Jr.
WIT N E SSE T H:
WHEREAS, the Commissioner of Natural Resources has the
authority, duty and responsibility under Minn. Stat. 597.48,
subd. 15, to provide the public wi th water access si tes on
lakes where no access exists or access is inadequate; and
WHEREAS, Christmas Lake Homeowners' Association is an
association representing the riparian owners of land on
Chr istmas Lake, a body of approximately 267 acres of water
located in the cities of Shorewood and Chanhassen, Minnesota;
and
WHEREAS, the State, pursuant to a resolution of the
Minnesota Executive Council, has commenced an action in
condemnation to acquire the following land for a water access
site to Christmas Lake, to-wit:
Lot 2, Block 1, Christmas Lake Addition, according to
the plat thereof on file in the office of the
Hennepin County Registrar of Titles;
and
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WHEREAS, Robert W. Fayfield, Jr., a member of the
Association, is the owner of and has offered to donate the land
described on Exhibit A attached hereto to the City for purposes
of a public access to Christmas Lake; and
WHEREAS, the State is agreeable to the developing,
operating and maintaining of a public water access site on the
offered property, to be used for public recreational
facilities, and the State, Association and City are willing to
abide by the terms and conditions hereinafter set forth; and
WHEREAS, the Association is willing to give its approval
to such a donation and the Commissioner is willing to dismiss
the condemnation action referred to above upon the condi tions
hereinafter described.
NOW, THEREFORE, for and in consideration of the covenants
and promises hereinafter made to be observed and performed, it
is hereby agreed by the parties to this Agreement that:
1. That certain parcel of land described on Exhibit A
attached hereto, located adjacent to Christmas Lake, now owned
by Robert W. Fayfield, Jr., will be donated on or before May 1,
1986 to the Ci ty of .Shorewood for use as a public water access
site to said Christmas Lake. The donation will be
unconditional and irrevocable, save that it may include a right
of reverter in the event the State shall enlarge this water
access si te or shall acquire and develop another water access
site on Christmas Lake, or if an additional water access site
providing access for boats not inferior to this public access
in number of parking spaces and hours of operation is developed
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on Christmas Lake by any other pUblic body.
2. The pUblic access shall contain a boat ramp and a
parking area which will accommodate no more than seven (7)
parking places for motor vehicles with boat trailers. The
State agrees not to acquire additional land on Christmas Lake
for a water access site.
3. The public access will be planned, developed and
funded by the State of Minnesota, pursuant to design plans
which shall be submi t ted by the State to the Ci ty and the
Association for review and comment. The City and the
Association shall each have the right to submit written
comments relative to the State's plans within 14 days of
receipt of the plans. Design plans in sufficient detail to be
the basis for applications for all necessary zoning variances,
permits and other approvals shall be prepared and submitted by
the State to the City and the Association not later than March
1, 1986. The plans shall identify any trees with a diameter of
greater than four inches which are proposed to be removed
pursuant to the plans and shall include to the extent possible
appropriate landscape screening from adjacent properties.
4. In its planning and development of the subject water
access site, the State shall have the fOllowing rights,
privileges, obligations and limitations:
a. Pursuant to the plans referred to in paragraph 3
above and any necessary licenses ~ permits, zoning
variances and approvals, the State is authorized to
excavate, grade and slope where necessary, remove
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brush and trees where necessary, place gravel and
bi tuminous on the area, post signs, and do any and
all other work deemed necessary to establish and
construct the water access site to Christmas Lake.
b. All costs and expenses of installation of the water
access site and the roadway construction referred to
in paragraph 12 below shall be borne by the State.
c. The State shall have the right at all times to enter
upon the subject premises for any purpose necessary
to the performance of its lawful powers and duties.
5. The Commissioner of the Minnesota Department of
Natural Resources shall, before opening the access to public
use, promulgate a Commissioner's Order limiting the horsepower
size of boats using the access site to 25 horsepower or less
for seven (7) boating seasons only. The City shall also adopt
a local ordinance necessary to effectuate such a seven (7) year
limitation on horsepower size of boats using the public access.
6. During the above seven (7) year period, the City and
the homeowners shall investigate and carefully consider surface
water use regulations for Christmas Lake which, following the
seven (7) year period, shall be equally applied to all persons
using the surface water of the lake, including residents
riparian to Christmas Lake.
7. If, at the end of the seven (7) year period, there
has been no implementation of surface water use regulations, it
is understood that the water access site shall be open to boat
and motor use by the general public without restriction as to
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boat or motor size.
S. The City shall be responsible for and undertake the
operation, maintenance and upkeep of the premises and will keep
the same in a reasonably sanitary, neat and safe condi tion.
Further, the City shall provide for the removal of litter and
any ordinary and routine maintenance needed to keep the site in
a safe, sanitary and operative condition, and the City shall
arrange for adequate pOlice protection of the access site. It
is the intent of the parties hereto that no risk or liability
shall be incurred by the State in connection with the operation
and maintenance of the access site and all such risk and
liability shall be assumed by the City.
9. The access site shall be free and shall remain open
to the public every day of the year, at least 16 hours a day,
which shall be between the hours of 4 o'clock a.m. and
10 o'clock p.m., as determined by the City, except in emergency
situations or with prior written. consent of the State. The
City shall have no obligation hereunder to provide snowplowing
for the water access site or the roadway.
10. The State~ in cooperation with the City, may post a
sign informing the public that the access site is cooperatively
provided by the City and the Department of Natural Resources.
11. Robert W. Fayfield, Jr., as present owner of the
subject parcel, shall apply for and seek to obtain from the
state and local units of government all necessary licenses,
permits, zoning variances and any other approvals necessary to
develop, construct and operate a public water access site on
the subject parcel. The parties understand that the State
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contemplates development of the water access site to commence
no later than June 1, 1986, and therefore the City agrees to
process all requests for zoning var iances and other necessary
approvals as quickly as possible. The parties understand that
this Agreement in no way obligates the City to grant any zoning
var iances or other necessary approvals, because the Ci ty must
conduct the requisite public hearings on such matters and make
its decisions on the basis of the evidence presented at such
hearings, without prejudgment. Robert W. Fayfield, Jr. agrees
that if such zoning variances and other necessary approvals
have not been obtained by May 1, 1986, he will donate the land
described on Exhibit A attached hereto to the State for the
same purposes and under the same conditions as provided
herein. In that event, the State and the City will enter into
an agreement for maintenance and operation of the water access
site, on the same conditions as provided herein.
12. It shall be a condition of this Agreement that
adequate roadway access to the water access site be provided
for the use of the public. The improved roadway shall be paved
with bituminous material with a finished surface width of 20
feet, with two foot unpaved shoulders on each side. The legal
description of the roadway shall be 30 feet wide from the
eXisting frontage road of Highway 1 southerly to the south
boundary of the access site described in Exhibit Al the legal
description shall locate the roadway to the west of and
adjacent to the water access site to the extent possible
consistent with existing grades. The roadway shall be provided
pursuant to an e~sement to be granted to the City of
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Shorewood, which shall be in perpetuity and not terminable by
the City of Shorewood or otherwise so long as the water access
site exists, except by a process sUbstantially similar to that
necessary to vacate a public roadway. The State shall not be
responsible for any costs associated with the acquisition or
maintenance of the roadway, and the City shall not be
responsible for any costs associated with the acquisition or
construction of the roadway. The City agrees to post and
maintain no parking signs along said roadway, Radisson Road and
Christmas Lake Road in the vicinity of the public water access.
13. Upon the execution of this Agreement by all parties,
the State shall dismiss, wi thout prejudice, its condemnation
action. The parties hereto understand that in the event that
any condition hereinabove descr ibed is breached or otherwise
not fulfilled, the State may seek to condemn other land for
purposes of a public access to Christmas Lake.
CHRISTMAS LAKE HOMEOWNERS
ASSOCIATION
STATE OF MINNESOTA
DEPARTMENT OF NATURAL RESOURCES
By:
Francis X. Fallon,' Jr.
President
By:
Joseph N. Alexander
Commissioner
CITY OF SHOREWOOD
By:
Robert Rascop, Mayor
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CITY OF
SHOREWOOD
, MAYOR
Robert Rascop
COUNCI L
Jan Haugen
Tad Shaw
Kristi Stover
Robert Gagne
ADMINISTRATOR
Daniel J. Vogt
5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 . (612) 474-3236
MEMO TO: Mayor and Councilmembers
FROM: Dan V ogt :vrr
DATE: January 8, 1986
SUBJECT: Christmas Lake Access Agreement
Attached to this memo you will find the latest draft of the Christmas Lake Access
Agreement submitted by the Christmas Lake Homeowners Association. The Agreement
will be discussed at your Council meeting of January 13. As per our previous
commitment, a letter notifying property owners in the area will be sent stating
that this issue will be discussed at said Council meeting.
Below I will attempt to briefly indicate the substantial changes which have been
made in the attached draft as compared with the draft sent to you previously.
The changes are mainly the result of a lengthy meeting which was held between
City officials, staff and representatives of the Homeowners Association on
January 2, 1986. The changes are highlighted on your copies.
The revisions are as follows:
Page 2, Paragraph No.1 (middle of page): A date of the donation was added.
Also the reverter clause was clarified in that the site would revert if the
State enlarges the Fayfield site or if another site is developed by any other
public body.
Page 3, Paragraph No.2: The last sentence was added whereby the State agrees
not to acquire additional land on the lake for access.
Page 3, Paragraph No.3: The word shall was added relative to submittal of plans
for review and comment. The word may was previously used. Also, the last two
sentences were added relative to submittal of the plans.
Page 4, Paragraph No. 4b: The wording in this paragraph was changed to add that
the State will bear all costs and expenses of installation of the roadway. This
is apparently agreeable to the State.
Page 4, Paragraph No.5: The last sentence was added relative to City passage of
an ordinance regulating horsepower on the lake.
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Re: Christmas Lake Access Agmt.
January 8, 1986
page two
Page 5~Paragraph No.8: The last sentence adds that it is the intent of the
parti~s,that no risk or liability in connection with the operation and
ma~~sen~nce of the site shall be borne by the State.
Page 5, Paragraph No.9: Wording was added indicating that hours of operation
will be determined by the City, and, we will have no obligation to provide
snowplowing for the site or roadway.
Page 5, Paragraph No. 10: The State may post a sign rather than the City.
The City was responsible in the earlier draft.
Pages 5-6, Paragraph No. 11: The first sentence was changed to state that Mr.
Fayfield will make application for all necessary approvals. Also, wording was
added that: The City will process all requests as quickly as possible; the
parties understand that this agreement does not obligate the City to grant any
approvals; and, that if approvals are not granted by May 1, 1986, Mr. Fayfield
will donate the site to the State at which time the City and State will enter
into an agreement for operation and maintenance.
Pages 6-7, ~aphNo. 12: Major changes in this paragraph are as follows:
Width for the bituminous surface was extended to 24'; right-of-way is proposed
at 30' and described. The second to the last sentence was clarified.
In my discussions with Mr. Fallon, it appears as though the State is in
concurrence with most of the terms and conditions of the proposed agreement.
Even though this may be the case, staff is concerned with certain aspects of the
Agreement.
First and foremost, staff has a general concern that acceptance of this Agreement
may lead one to surmise that approvals of all variances, conditional use permit,
and other requests may be a forgone conclusion. We are aware of the wording
added in Paragraph No. 11 of the Agreement on Page 6, yet we remain concerned
by the fact that because the City has said it will accept the donation by
agreeing to the terms of the Agreement, will that not prejudice any requests
for Council action relative to the site in the future? This question must be
answered by the Council.
Secondly, staff has seen no plans which have been developed by the State for this
site. Without such plans, staff has no idea as to the extent of the approvals
necessary for development of the site. This seems to be very uncharacteristic of
the way in which such development requests are handled by the City.
Thirdly, we are not yet assured that the adjacent property owner will allow
acquisition of a portion of their property for the additional roadway right-of-way
necessary to gain access to the site. From the beginning of our discussions
relative to this site, this has been a major issue.
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Re: Christmas Lake Access Agmt.
January 8, 1986
page three
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Finally, the staff is concerned as to the effect the development of this site as
an access will have on the developable property owned by Inter-Study. Any area
plan showing the ultimate development of the Inter-:Study property would be very
helpful in our review of the access s1 te proposa-r~-
Staff will be available at the Council meeting of January 13 to answer any questions
you may have relative to our concerns.
DJV : ph
cc: Joseph N. Alexander
Frank Fallon
Charles Dayton
Bruce Specktor
Glenn Froberg
Brad Nielsen