060986 CC Reg AgP
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5;00 RECONVENE THE BOARD OF REVIEW
7:30 REGULAR COUNCIL MEETING
MONDAY, JUNE 9, 1986
CITY OF SHOREWOOD
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
AGENDA
5:00 RECONVENE THE BOARD OF REVIEW
1. Roll Call
2.
Consideration
-~~~. ~
/ (:;7
3.
Adjournment
7:30 REGULAR COUNCIL MEETING
CALL TO ORDER
A. Pledge of Allegiance
B. Roll ~all
Shaw
Stover
Gagne
Mayor Rascop
Haugen
/'
/
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~.
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1'81)
1. APPROVAL OF MINUTES
A. Regular Council Minutes - May 12, 1986
(Att #lA - minute~
B. Regular Council Minutes - May 19, 1986
(Att #lB - minutes)
C. Board of Review
(Att #lC - minutes)
2. MATTERS FROM THE FLOOR
A.
B.
3. PLANNING COMMISSION REPORT
A.
B.
. .
COUNCIL AGENDA
MONDAY, JUNE 9, 1986
page two
4. PARK COMMISSION REPORT
A.
B.
5. CONSENT AGENDA
A. Street Striping - Minnetonka Boulevard
(Att #5A- memo)
B. Street Light - Christmas Lake Access
Seconded
~
b~
s
~
(Att #5B - memo)
Moved
Vote
A. Minnetonka Country Club - Liquor & Sunday. Sale
B. American Legion - Club & Sunday Sale
t!if ~ -if)
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y'i-y;~.tk
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6.
LIQUOR LICENCE APPROVAL
7:45 PUBLIC HEARING
7. Vacation of Portion of Birch Bluff Road
(Att 7 - Public Hearing Notica
8. SHOREWOOD INVESTMENT - Status Fire Damaged Bldg
5580 County Road 19
(Att #8A -)Order to Remove)
(Att #8B - Fire Marshall Memo)
COUNCIL AGENDA
MONDAY, JUNE 9, 1986
page three
9. VARIANCB REQUEST
Applicant: Donald Schafer
Location: 23880 Smithtown Road
(Att #9A - Staff Report)
(Att #9B - Attorney Opinion)
10. SIMPLE SUBDIVISION
Applicant: Paul Kelley
Location: 25510 Yellowstone Trail
(Att .#10 - Staff Report)
I
11. C.U.P. TO EXPAND A NONCONFORMING STRUCTURE
Applicant: Todd Ladwig
Location: 5985 Afton Road
(Att #11 - Staff Report)
12. SETBACK VARIANCE
Applicant:
Robert Bergstrand
27100 Edgewood Road
(Att #12 - Staff Report)
13. C.U.P. - SETBACK VARIANCE FOR EXPANSION OF NONCONFORMING STRUCTURE
Location:
Applicant: James Schultz
Location: 5465 Timber Lane
(Att #13 - Staff Repor-t }--
14. SIMPLE SUBDIVISION & LOT AREA VARIANCE
-
Applicant: Highway 7 Properties -.~
Location: 20550/20552 Excelsior Boulevard
20560/20562 Excelsior Boulevard
(Att #14 - Staff Report)
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COUNCIL AGENDA
MONDAY, JUNE 9, 1986
page four
15. PRELIMINARY PLAT - W.C.L. ACRES
Applicant: Richard Larson
Location: 23645 Yellowstone Trail
(Att #15 - Staff,Report)
16. PROPERTY ACQUISITION OF 5795 COUNTRY CLUB ROAD
(Att #16 - Letter from Attorney representing Echo Hills residents)
17. ATTORNEYS REPORT
A. 1st Reading - Amendment to the Alarm System Ordinance #146
(Att #17A - Draft Amendment)
, ..........
-:" ... ".... ~ -. .... '. ~:::- ,.
. ,'~..' "', '.,;
B. 1st Reading - Amendment to Ordinance #12 - Harbor Limits
(Att #17B - Draft Amendment)
C.
18. ENGINEERS REPORT
A.
Consideration of Bid Proposals - Project 86-1 & 86-2
Bid Status Report
Plans .~~ & Authorization for Bid on Street Project
#86-3
Wedgewood ~ Discussion of Improvements
B.
C.
D.
19. PLANNERS REPORT
A. Tingewood P.U.D.Status Report
20. ADMINISTRATIVE REPORT
A. Corridor Study Status Report
B.
....
CITY OF
REGULAR
MONDAY,
.~"."
SHOREWOOD .". ."
COUNCIL MEETING
MAY 12, 1986
. ....,1 O:t ..
'\ ' '>" ~ ~'. ..; it":'t- ,.:1~, ,~'.t
.::~i'IL CHAMBERS
5755 COUNTRY CLUB
7:30 PM
ROAD
M I NUT E S
CALL TO ORDER
The regular meeting of the Shorewood City Council was called to
order at 7:30 PM, Monday, May 12, 1986, in the Council Chambers.
PLEDGE OF ALLEGIANCE AND PRAYER
Mayor Rascop opened the Council meeting with the Pledge of Allegi-
ance and a prayer.
ROLL CALL
Present:
Mayor Rascop, Councilmembers Stover, Haugen, Shaw
and Gagne (Gagne arrived at 8:30 PM)
Staff:
Attorney Froberg, Engineer Norton, Administrator
Vogt, Planner Nielsen and Clerk Kennelly
APPROVAL OF MINUTES
Haugen moved, seconded by Stover, to approve the minutes of April 28,
1986, adding approval of the minutes of April 14, 1986, and minor
corrections. Motion carried - 4 ayes (Gagne absent)
MATTERS FROM THE FLOOR
Christmas Lake/Mill Street Signage and Barricade
Mike Pierro of 5880 Christmas Lake Road submitted a packet of
past information and a petition opposing the Council's action
regarding the signage and partial barricade at Mill Street and
Christmas Lane. He reviewed the reasons for the installation
of the barricade and the "no turn" signs, and submitted a pe-
tition signed by area residents opposing the Council's recent
action to remove the barricade and signs.
Rascop read written comments from Police Chief Young. The signs
at that location do not meet the Uniform Sign Manual requirement.
The County did change locations and signs approximately six
months ago in order to make the signs legally enforceable.
The following residents spoke in favor of retaining current sign-
age and barricade posts: Bruce Benson. Ron Pitts, Rod Peterson,
Sue Benson and George Noren. Comments in support of re-
moval of the signs and barricade came from Carol Watson represent-
ing Helen Clarke of 6110 Mill Street, her driveway has become a
turnaround area.
Engineer Norton indicated that the width and the site distance
cause problems along that. road. Residents felt that nothing
should be done until a direct connection from Highway 7 to Mill
Street has been accomplished.
-1-
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CITY COUNCIL MEETING
MONDAY, MAY 12, 1986
page two
.
MATTERS FROM THE FLOOR - continued
Christmas Lake/Mill Street Signage and Barricade - continued
Administrator Vogt updated the Council on the Corridor Study
procedure. There will be 2 public hearings held in June and
tentively in July to receive additional public comments.
Stover moved, seconded by Haugen, to delay the removal of the.
signs and barricade until the corridor study has been completed.
Notification to be sent to the area residents when the issue is
to be discussed at the meeting. Shaw offered and amendment to
the motion to include "within 6 months of the receipt of the
Corridor Study". The amendment was accepted. Motion carried-
4 ayes (Gagne absent).
Birch Bluff Dock Request
Howard Lerohl of 25585 Birch Bluff Road requested permission to
install the dock on the "fire lane" at Birch Bluff Road and Eureka
Road, as has been done in the past. Planner Nielsen indicated
that the Zoning Ordinance adoption is scheduled for May 19 Council
meeting. Rascop delayed the request until the 19th when the dock
issue will be discussed in relation to the adoption of the final
Zoning Ordinance.
PLANNING COMMISSION REPORT
The Planning Commission handled 9 public hearings and 2 simple
subdivisions. Stover will report on each item as the Council I
addresses them on the agenda.
PARK COMMISSION REPORT
Commissioner Jakel recommended the appointment of Mark Laberee of
6180 Chaska Road to the Park Commission.
Shaw moved, seconded by Haugen, to approve the appointment as re-
commended. Motion carried - 4 ayes (Gagne absent).
The Park Commission is looking into the installation of a warming
house on the Manor Park location.
Commissioner Jurgens and John Maddox of the football association
presented a request to crown the Badger Park football field. This
would require hauling in additional fill, regrading, seeding, rak-
ing and fertilizing. Maddox felt the field could be in use within
5 weeks of completion. The work, other than the hauling of dirt,
will be done by volunteers. An original estimated cost was $600.
Jurgens felt the cost may exceed the estimate and would like the
Council to authorize a larger expenditure from the Park Fund for
this project.
Shaw moved, seconded by Haugen, to authorize twice the amount of
the original figure ($600), to be taken from the Park Fund.
Motion carried - 4 ayes (Gagne absent). Attorney Froberg will
check on insurance coverage for workers donating their ~ime.
-2-
CITY COUNCIL MEETI~
MONDAY, MAY 12, 1986
page three
SIMPLE SUBDIVISION - 26675 Smithtown Road
.
RESOLUTION NO. 37-86
Mr. Albert Hoops was present to make his request for a simple sub-
division of his property into 2 lots.
The Planning Commission approved the subdivision subject to the 4
conditions listed in the Planner's Report dated May 29, 1986.
Shaw moved, seconded by Stover, to approve the simple subdivision as
recommended by the Planning Commission and subject to the 4 Planner's
recommendations. Approved by Roll Call Vote - 4 ayes (Gagne absent).
RESOLUTION NO. 44-86
SIMPLE SUBDIVISION - John Forss
Mr. Forss was present to request a simple lot division of his prop-
erty located at 25380 Smithtown Road, into two separate parcels.
Stover indicated that the Planning Commission did approve the
division.
Haugen moved, seconded by Shaw, to approve the division subject to
the 6 Planner's recommendations in his staff report of May 2, 1986.
Division approved by Roll Call Vote - 4 ayes (Gagne absent).
(Gagne arrived at 8:30 PM)
SIMPLE SUBDIVISION-COMBINATION-SETBACK
VARIANCE - Torn Martinetto
RESOLUTION NO. 45-86
Mr. Martinetto made his request for a simple subdivision and Gom-
bination of his property with the Jim Easter property, and a set-
back variance of ll~' on the front of his property making a l8~'
setback to his building line. Martinetto's property is located
at 21055 Ivy Lane and Easter's property is at 4925 Ferncroft
Drive. ~\
Stover reported that the Planning Commission a~~rovJ!::-3)S requests
subject to the Planner's 4 recommendations. ~~~___~
Engineer Norton recommended that the 1st floor of the building
be located above the street elevation, and that any fill being
added will not cause drainage problems on Lot 9. Haugen suggested
that the Engineer and Planner review the building plans and return
with the requested information at a later meeting. Rascop indicated
that they were not approving the building plans with this request
and the Engineer and Building Inspector will ~pprnve the plans when
submitted. n_ C/L!(:OL<-L- P
Haugen moved, seconde~py Shaw, to approve the simple subdivision-
combination and lll' f~ont setback variance subject to the Plan-
ner's 4 recommendations listed in his April 27th report. The
Resolution was approved by Roll Call Vote - 5 ayes.
-3-
CITY COUN~IL MEET~
MONDAY, MAY 12, 1986
page four
.
CONDITIONAL USE PERMIT
Richard Phelps
RESOLUTION NO. 46-86
Mr. Richard Phelps has requested a Conditional Use Permit to build
garage space exceeding 1000 square feet at 27420 Blue Ridge Lane.
The Planning
Commission and Planner Nielsen recommend approval..
Shaw moved, seconded by Stover, to approve the C.U.P. as requested.
Resolution approved by Roll Call Vote - 5 ayes.
CONDITIONAL USE PERMIT
Greg Ahlm
Mr. Ahlm of 23360 Academy Avenue requested a Conditional Use Permit
for an addition onto his home. The house is non-conforming due to
the current 8' front setback. The proposed addition will be located
behind the required 30' setback thusly causing no expansion to the
nonconformity.
RESOLUTION NO. 47-86
The Planning Commission and Planner recommend approval.
Haugen moved, seconded by Gagne, to approve the C.U.P. by Roll Call
Vote - 5 ayes.
SETBACK VARIANCE
John Gilbertson
RESOLUTION NO. 48-86
Mr. Gilbertson has requested a side setback of l2~' and a front
yard setback of 26~' in order to build a garage and utility room
onto his existing home. His property is split by City boundary
lines. His existing home lies in Excelsior and the proposed
addition is located in Shorewood.
The Planning Commission and Planner approve the granting of the
setback variances that would be in compliance with the Excelsior
setbacks.
Stover moved, seconded by Gagne, to approve the setback variances
due to the hardship of the city division line. Motion carried by
Roll Call Vote - 5 ayes.
SETBACK VARIANCE REQUEST
Jerry Brecke
Mr. Brecke of 27450 Pine Bend was present to request 2 variances.
to build a garage at q 40' setback from the street and a deck
(22' x 24') that would require a 10' rear yard setback. The Plan-
ning Commission and Planner recommended approval of the front yard
setback at 40' due to the average setback of 29~' for the adjoining
properties. They did recommend that he alter his plans for the
deck to comply with the setback of the R~lA Zone.
4-
.
CITY COUNCIL MEETING
MONDAY, MAY 12, 1986
page five
.
SETBACK VARIANCE REQUEST - Jerry Brecke - continued
RESOLUTION NO. 49-86
Front Yard Setback Variance
Haugen moved, Gagne seconded, to grant a front yard setback
variance of 10' for the construction of Mr. Breckes garage.
Motion carried by Roll Call Vote - 5 ayes.
Rear Yard Setback Variance
RESOLUTION NO. 50-86
Haugen moved, seconded by Gagne, to grant a 5' rear yard setback
to construct a 17' x 24' deck to accomplish a safe deck width.
Motion carried by Roll Call Vote - 4 ayes - 1 nay (Rascop).
RESOLUTION NO. 51-86
NEAR MOUNTAIN FINAL PLAT APPROVAL
Planner Nielsen recommended final plat approval subject to the
following conditions:
1.
The developer must address sewer service for Lots 1 -'5,
Block 1, Sweetwater. They must either obtain MWCC approval
for a direct connection to the Metro line or install a
parallel lateral.
Compaction tests will be required for all lots where subgrade
correction is required.
The development agreement must be modified to require turn-
around driveways for Lots 1 - 5, Block 1, Sweetwater.
I
Drainage easements, based on the 100 year flood level, must
be provided over all ponding areas.
Utility plans and specifications will be subject to review
and approval by the City Engineer.
The declaration of covenants and restrictions will be subject
to review and approval by the City Attorney.
The developer must submit a quit-claim deed for the park
easement over the Bruce property.
The plats are subject to review and approval by the Purgatory
Creek Watershed District.
Park dedication fees must be paid prior to release of the
final plat.
2.
3.
4.
5.
6.
7.
8.
9.
Gagne moved, seconded by Haugen, to approve the final plat subject
to the Planner's 9 conditions in addition to obtaining the financial
security (in lieu of bonding). Plat approved by Roll Call Vote -
5 ayes.
-5-
CITY COUN~IL MINUtlt
MONDAY, MAY 12, 1986
page six
.
ATTORNEY'S REPORT
Christmas Lake Access
Attorney Froberg updated the status of the access property. The
closing was held at Title Insurance Company today. He will review
all documents to make sure they are in compliance with Council
approvals.
The DNR has received a contract for $54,000 for the improvements
to the access. Rascop suggested that Froberg's expenses ($600)
regarding the access be submitted to the Christmas Lake Association
for payment. Shaw did not feel that the Association should have
to pay their Attorney's bills and the City's Attorney bills.
Haugen felt it could be an extensive burden on a few of the City's
tax payers. The Council agreed not to submit Froberg's costs to
the Association.
ENGINEER'S REPORT
Badger Watermain Bid
Bids were received at 11:30 AM on May 12, 1986. Norton read his
recommendation to reject the bids and to include the Badger water-
main in a new bidding along with the Waterford and Shorewood Oaks
improvements.
Stover moved, seconded by Gagne, to accept the Engineer's recom-
mendation and reject the bid submitted. Motion carried - 5 ayes.
1986 Street Replacement and Sealcoating Project
Engineer Norton submitted a cost list of priority street replace-
ment. He recommended #1, 2, and 7, with 8 (sealcoating reduced
to $50.000). The total cost of these items are $232,000. The
budgeted amount is $250.000.
Rascop moved, seconded by Haugen, to accept the Engineer's
recommendations for the 1986 street project. Motion carried _
5 ayes.
Norton will return with itemized sealcoating recommendations.
ADMINISTRATOR'S REPORT
Corridor Study
Administrator Vogt attended another corridor study meeting.
Alternative highway plans will be submitted to the cities to
prioritize thee various plans.
Purchase of Property RESOLUTION NO. 52-86
5795 Country Club Road
Council had authorized the Administrator to obtain an agreement
regarding the sale of the home at 5795 Country Club Road for
City use, at cost of $124.000, the exact figure will be determined
on the closing date set for June 2, 1986.
-6-
.
CITY COUNCIL MINUTES
MONDAY, MAY 12, 1986
page seven
.
ADMINISTRATOR'S REPORT - continued
Purchase of House by City - continued
Area residents expressed their concerns and disagreement with the
City's purchase and use of this residential home. Questions con-
cerns came from: Bill Wrede, Joanne Carroll~ Kermit Flesness,
Mr. and Mrs. Royce and others. They questioned the proposed us'es,
zoning, changes to the interior and exterior appearances, garage
use, possible traffic conjestion, etc.
Ms. Carroll asked what the City's long range plans were and if
this building would be used to house a police department.
Council indicated that there were no overall plans in effect at
the present time and there should be. Stover stated that this is
one of the goals of the Finance Committee. She also felt that
even though there was no overall plan in effect, that opportunity
for purchase may not always be there. The office space is becom-
ing overcrowded and this building would provide for additional
space when needed. Rascop had considered the possibility of
housing a police department at sometime. All the residents present
were in strong opposition to the use of the home as a police de-
partment.
Stover moved, Gagne seconded, to direct the Attorney to draw a
Resolution authorizing the Mayor to sign a purchase agreement on
this property. Motion to adopt the Resolution was accepted -
4 ayes to 1 abstain (Rascop).
,
Staff clarified for the audience that the Council approved the
purchase of the property at this time, not the use. A public
hearing could be held when the use is determined. The zoning
does not have to be changed in order to use as a governmental
facility.
Support Hiring of Consultant
John Boland (MDIF)
Administrator Vogt explained the need to get the MDIF to change
the estimates of population for Shorewood and various other
cities in the area. The hiring of a joint Consultant, John
Boland and Associates, had been proposed at a cost of $500 -
$1,000 for Shorewood. They would then procede to work with the
Met Council to make changes in projections.
Shaw moved, Gagne seconded, to support the south west group in
acquiring changes. Motion carried by Roll Call Vote - 5 ayes.
Vog~ to return with proposed budget amendments.
RESOLUTION NO. 54-86
-.
Covington/Vine/Ridge Reduction
of Letter of Credit
A request from the developer of Covington/Vine/Ridge has been
made to reduce the letter of credit. The staff has reviewed and
recommended approval of the reduction of $136,710 for work already
completed.
RESOLUTION NO. 53-86
-7-
CITY COUN;IL MINUT~
MONDAY, MAY 12, 1986
page eight
.
ADMINISTRATOR'S REPORT - continued
Covington/Vine/Ridge Letter of Credit Reduction - continued
Gagne moved, Haugen seconded, to approve the reduction of the
letter of credit for Covington/Vine/Ridge as recommended by staff.
Resolution approved by Roll Call Vote - 5 ayes.
Job Description Review
Council will meet at 7:30 PM on May 13, 1986 to review staff job
descriptions.
MAYOR'S REPORTS
Police Department Request
Members of the Police Department have requested that the union
include a security clause in their contract that would require
that hiring for a new department would be based upon seniority
first. Attorney Froberg indicated that this is a personnel
issue and doesn't have to be discussed at an open meeting.
Administrator Vogt would like to review the contract changes.
Request for Handicap Sign Posting RESOLUTION NO. 55-86
Mike Pierro requested a designated area on Christmas Lake Road
be posted for handicap parking to enable a handicapped member of
his family access to the lake.
Shaw move, Haugen seconded, to approve the posting for handicap
area only, all other areas to be posted "No Parking". Motion
carried by Roll Call Vote - 5 ayes.
COUNCIL REPORTS
League of Minnesota Cities Conference
Gagne moved, Stover seconded, to authorize Haugen to attend the
conference on June 17 - 20, 1986. Motion carried.
Police Department District Proposal
Stover presented a plan to establish a Police District similar to
a school district. A Board of 5 to 7 people would be elected at
large and would control and budget the police for the 4 cities.
_~AttorneyFroberg indicated some of the legal factors that would
- have to take place in order to establish this district and obtain
authority to levy taxes.
Stover would like the support of the Council, to explain her pro-
posal to the other City Councils and residents to determine if
this is something the area residents may be interested in doing.
Rascop would like to see this proposal in writing for further
review.
-8-
CITY COUNCIL MEETI'
MONDAY, MAY 12, 19 b
page nine
.
APPROVAL OF CLAIMS AND ADJOURNMENT
Haugen moved, seconded by Stover, to adjourn the regular Council
meeting of May 12, 1986 at 11:08 PM subject to approval of the claims.
Motion carried - 5 ayes.
General Fund - Acct #00-00166-02
I
Checks # 32002 - 32047
Checks #200279 - 200292
=
$ 54,969.52
7 , 979. 34 .
$ 62,948.86
Liquor Fund - Acct #00-00174-02
Checks # 4594 - 4614
Checks #200293 - 200305
=
$ 31,513.03
2,501.54
$ 34,014.57
RESPECTFULLY SUBMITTED
Sandra L. Kennelly
City Clerk
Mayor Rascop
SLK: sn
-9-
CHECK NO
32002
32003
32004
32005
32006
32007
32008
32009
32010
32011
32012
32013
32014
32015
32016
32017
32018
32019
32020
32021
32022
32023
32024
32025
32026
32027
32028
32099
32030
32031
32032
32033
32034
32035
32036
32037
32028
32039
32040
32041
32042
32043
32044
32045
32046
32047
.
.
GENERAL FUND - BILLS PAID SINCE MAY 7, 1986
TO WHOM PAID
Hennepin Cty Treasurer
U.S. Postmaster
Hamline University
Nancy Buckentine
Cash
PERA
State Treas. - Soc. Sec. Fund
The Minnetonka Bank
Commissioner of Revenue
ICMA Retirement Assoc.
AFSCME Local # 224
City-County Credit Union
AT&T Communications
Earl F. Andersen & Assoc.
Associated Asphalt, Inc.
Astleford International, Inc.
Bobls Personal Coffee Servo
Chaska Parts Service
Dem-Con Landfill, Inc.
Froberg & Penberthy, P.A.
The Dale Green Co.
W.W. Grainger, Inc.
Itasca Equipment Co.
Leef Bros, Inc.
Long Lake Ford Tractor, Inc.
Voic
Lyman Lumber Co.
Matthias, Roebke & Maiser
H.C. Mayer & Sons
Charles S. Davis
McCarthy Well Co.
MedCenters Health Plan
Midwest Asphalt Corporation
Minnegasco
Munitech, Inc.
Navarre Hardware
NSP
Orr-Schelen-Mayeron
Reynolds Welding Supply Co.
Standard Spring Co.
Tonka Auto & Body Supply
Tessman Seed & Chemical Co.
Victoria Repair & Mfg Shop
Warner True Value Hardware
Wagers, Inc.
Zieger Tire Service Co.
PURPOSE
1st Qtr '86 property tax $
1st Qtr '86 U.B. postage
Administration Conference
Mileage Expense - Planning
Re-imburse Petty Cash - Supplies
5/10/86 payroll - PERA
5/10/86 payroll - FICA
5/10/86 payroll - FWH
5/10/86 payroll - SWH
5/10/86 payroll - ICMA
May, '86 Union Dues
5/10/86 payroll - Credit Union
Telephone Service - City Hall
Traffic Control Posts
Road Mix
U-Joint
Coffee, Tea, Filters
Equip Maint/Genl Supplies
Brush/Crescent Beach/Spr. Clean-up
Legal/Prosecutions/Const. Projects
Parks - Pulverized Mix
Pump Hse Maintenance
Equip. Maint.
Laundry Serv - City Hall/Public Wks
Equip Maint - Roller Chain Link
Void
Repair
Financial-Dec,Jan,Feb/Annual Audit
Diesel Fuel
6.5 Hrs Overtime
Check Pump & Motor - 6 Wells
April & May Employee Health Plan
Road Mix/Road Repairs
Utilities - Boulder Bridge Pump Hse
Maintenance - Sewer/Water May, 1986
General Supplies/Badger Well Maint.
City-Wide Electricity
S.E.Area Water Study
2 Oxygen Tanks & Cap
Equip. Maint.
Equip. Maint.
Grass Seed - Parks
Repair Sweeper Shoes
Bags. Twine - Tree Sale
Typewritter Ribbon & Lift-off Tape
Tire Repair
SUBTOTAL
AMOUNT
2,571.03
183.48
60.00
4.89
11. 32
1,109.14
1,922.46
1,579.50
708.41
263.00
54.96
32.00
4.43
336.00
341. 40
11. 30
62.50
334.17
176.00
5,691.25
80.00
1,162.35
315.07
255.15
40.23
0.0
21. 65
9,427.00
304.48
84.90
260.00
749.40
731. 69
3.18
3,625.00
70.03
1,168.47
20,596.43
20.80
195.40
19.84
180.00
21. 25--
23.96"
143.00
13 . 00 ~
$54,969.52
CONTINUED ON NEXT PAGE.....................
.
CITY OF SHOREWOOD ~
REGULAR COUNCIL MEETING
MONDAY, MAY 19, 1986
CACIL CHAMBERS
5755 COUNTRY CLUB ROAD
7:30 PM
M I NUT E S
CALL TO ORDER
The regular Council meeting of May 19, 1986 was called to order by
Mayor Rascop at 7:30 PM in the Shorewood City 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 Gagne, Haugen, Shaw and
Stover.
Staff: Attorney Froberg, Engineer Norton, Planner Nielsen, Admin-
istrator Vogt and Clerk Kennelly
MATTERS FROM THE FLOOR
Mr. Gale Olson of Birch Bluff Road requested the Council's permission
to install a neighborhood dock on the Eureka Road "fire lane".
Council will respond later due to the fact that this issue is on the
agenda after the Zoning Ordinance adoption.
7:30 PM PUBLIC HEARING
-NEAR MOUNTAIN REQUEST FOR VARIANCE
TO SUBDIVISION ORDINANCE-FINANCIAL SECURITY
RESOLUTION NO. 56~86
Administrator Vogt referred to the staff memo and explained the new
form of financial security. Mrs. Vogel asked if the City could end
up with any of the liability thusly costing the residents any money.
Rascop reviewed the security process of having the bank grant a loan
for the amount of the Engineer's estimate of improvements. They
would allocate money for payment to Title Insurance for payment to
the contractors after the City approves the payment.
Peter Pflaum has requested a variance to the Ordinance that requires
a 150% financial security. Due to the type of financial security
used, the banks will loan only 100% of the cost of the project.
Haugen moved, Gagne seconded, to approve the variance of 100% of the
financial s~curity. Motion carried by Roll Call Vote - 5 ayes.
SHOREWOOD INVESTMENT REQUEST TO RETAIN SWIMMING POOL
A request has been received from Gary Lindgren to retain the swimming
pool at 5580 County Road 19. The City has requested that the burned
out building and pool be demolished on that site. Mr. Lindgren would
-1-
It)
I ~
.
.
CITY COUNCIL MINUTES
MONDAY, MAY 19, 1986
page two
SHOREWOOD INVESTMENT REQUEST TO RETAIN SWIMMING POOL - continued
like to retain the pool pending an application for rezoning of the
property. Planner Nielsen indicated that the order for removal was
dated April 28, 1986. He has no problem with retaining the pool if
fenced.
Council questioned the reason for the delays in the demolishing of
the building. Lindgren indicated that the State Fire Marshall's
investigation had been delayed and that he lost the first contractor
due to the delay. He also just obtained legal control from the prev-
ious owner, and their bank.
Haugen moved, seconded by Shaw, to allow the pool to remain, fenced
and empty of water at all times, for 45 days subject to receipt of
application for rezoning, if application is not received and improve-
ments are not done on the site, the pool will be filled in at the
owners expense. Motion carried - 5 ayes.
Shaw moved, seconded by Haugen, to cite June 9th as a deadline for
removal or the City will proceed with a public hearing to improve
the site and reassess the cost of removal back to the owner, as
suggested by Planner Nielsen. Motion carried - 5 ayes.
Shaw moved, seconded by Haugen, to direct the staff to find out why
the State Fire Marshall investigation took so long and file a com-
plaint with the state. The site could be a dangerous situation.
Motion carried - 5 ayes.
ZONING ORDINANCE DISCUSSION
Planner Nielsen reviewed variations to the interim Zoning Ordinance
to be incorporated into the final Zoning Ordinance for formal adopt-
ion.
The Council discussed at great length the area of the Ordinance re-
gaRding the proposed regulations to install a dock on a "fire lane".
They discussed insurance coverage and dock installation responsibility.
The Council referred the questions on the responsibility of instal-
lation of the dock and obtaining insurance coverage to the Park Com-
mission. They were currently meeting, and will return with their
recommendation during this Council meeting. --
The Zoning classification for Shady Island~was discussed. Mr. Dick
Spellman spoke in favor of the R-1B Zoning, Bill Bohnhoff felt the
_ R-1C was more appropriate. Gagne moved, seconded by Stover, to zone
Shady Island R-1B. Motion carried - 3 ayes - 1 nay (Shaw) - 1 abstain-
(Rascop) .
COUNCIL BREAK. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8: 45 - 8: 55
-2-,
r0~
.
CITY COUNCIL MINUTES
MONDAY, MAY 19. 1986
page three
.
ATTORNEY'S REPORT
Clarification of the Enforcement of
Ordinance-W147
Council reviewed the Ordinance to insure that the "no fishing" areas
can be enforced. Council directed that these areas be posted so
that the police can enforce Ordinance #147.
Haugen moved, seconded by Rascop, to direct the Attorney to draw a
Resolution listing the areas to be posted "no fishing": Enchanted
Lane adjacent to the lakeshore, Shady Island bridge and Timber Lane
adjacent to lakeshore. Resolution adopted by Roll Call Vote _
5 ayes.
RESOLUTION NO.57-86
Resolution of the Aquisition of the Property at 5795 Country Club
Road
Attorney Froberg submitted Resolution #52-86 regarding the purchase
of the property located ~t 5795 Country Club Road. He informed the
Council that the closing date will be July 2, 1986.
Echo Road resident, Ms. Carroll, asked if a Conditional Use Permit
would be needed to use this property in the R-1C zone for office
space or a police department office. Attorney Froberg stated that
the @g; iii.uall_t!; does provide for the City to use the propery as office
space without issuing a Conditional Use Permit but he did recommend
that a public hearing be held prior to determining the use.
Mrs. Vogel and Mr. Royce questioned the possibility of adding onto
the existing building.
Kathy Siegman read and then presented a signed petition opposing
the purchase of this property as an extension of the City Hall.
Mrs. Royce felt that the area residents :shouldz,havehad additional
notification prior to the purchase of this property.
Mrs. Vogel asked whether the residents had the right to vote on
this issue. Froberg referred to the State statute that provides
for this acquisition without a referendum vote.
Mr. Royce wondered what cost there might be to the City if they
did not follow through with the purchase of the house. Froberg
felt that we could be responsible for the difference of the sale
price if they have to reduce their price to sell to someone else.
Rascop stated that a public hearing will be held to determine the
allowable use for the Conditional Use Permit. There will be a
notice in the legal newspaper and notices will be sent to all
property owners within a 500' radius of the property.
-3--
....
.
CITY COUNCIL MEETING
MONDAY, MAY 19, 1986
page four
.
CONTINUATION OF ZONING ORDINANCE DISCUSSION
Shaw returned the Park Commission's recommendation on the installation
of the dock on a "fire lane". The Park Commission feels a .profession-
al dock installer with insurance to ensure proper installation should
install the dock; that the City will obtain the insurance coverage on
the City policy to cover the liability of that dock; that the resi-
dents will apply for a permit each year to install that dock, and the
fee for that permit will equal the additional cost to the city to add
the dock coverage on the City policy; and that the applicants request-
ing the dock permit obtain and pay for the installation of the dock.
Mr. Gale Olson objected to the cost of installation and insurance, he
didn't feel the few people that make application for the dock permit
should have to pay it. He felt that it is a public dock and could be
sued by others not paying the permit fee and installation costs.
Mr. Howard Lerohl confirmed that the City owuld be responsible to keep
the access clean.
Gene Ruffenach asked the Council to postpone the adoption of the dock
portion of the Ordinance until the next meeting in order to obtain
insurance cost coverages for the dock.
Haugen moved, seconded by Gagne, to postpone the adoption of the dock
regulation portion of the Ordinance until June 9, 1986. Motion car-
ried - 5 ayes.
I
Stover moved to accept the balance of the Zoning Ordinance including
designating Shady Island as R-1B and omitting Section 3 - Class 3
Fire lanes. Stover then withdrew her motion.
Haugen moved to reconsider the tabling of Section 3, Class 3 fire
lanes (dock regulations), seconded by Gagne. Motion carried - 4 ayes -
1 nay (shaw)
Gagne moved, seconded by. Stover, to remove the "fire lane" portion of
the Ordinance from being tabled. Motion carried - 4 ayes - 1 nay
( Shaw) .
Stover moved, secnded by Gagne, to include amendments to Subdivision
# 19 Fire lane, Sections A, C and 6. Motion carried - 5 ayes.
ZONING ORDINANCE ADOPTION
ORDINANCE #180-86
Stover moved, Gagne seconded, to adopt the new Zoning Ordinance to
include items 1 - 9 of the LMCD ordinance, amendments made by motions
and Planner's recommendations to Ordinance #168.
Ordinance adopted by Roll Call Vote - 4 ayes - 1 nay (Shaw).
-4-
.
CITY COUNCIL MINUTES
MONDAY, MAY 19, 1986
page five
.
ADMINISTRATIVE REPORTS
Corridor Study
Alternative plans from MnDOT concerning the Corridor Study will be
delivered this week.
Met council Recycling
A check in the amount of
will be submitted to the
Recycling reimbursement.
$113.76 was received from Met Council and
South Tonka League of Women Voters for the
Council approved the reimbursement.
Board of Review
The Board of Review is set for May 22nd at 7:30 PM at City Hall.
Finance Committee Report
Stover received a request from the Finance Committee to have each of
the Department heads present their budget to the Finance Committee,
then they would make the first round cuts and submit that to the
Administrator.
Vogt felt that the job was already being done by him and the Depart-
ment head. Council did not feel that the Finance Committee's re-
quest was needed. Council suggested they study police funding,
sewer revenue and census benefits.
Haugen would like to see a Work Shop set up for all City Commissions
to discuss City concerns.
Police Districts Support
Stover has discussed her police district proposal with many of the
area residents and received good responses.
Gagne moved, Rascop seconded, to support the concept of the police
district approach. Motion carried - 5 ayes.
Administrator Vogt read a letter to be submitted to the joint power
cities asking them to approve one of the 3 proposed police contract
specifications. The Council will submit that request with a res-
ponse time stated and a copy of the police district proposal to each
of the cities for response.
COUNCIL REPORTS
Murfin Property
A call was received on June 1, 1986, informing the Council that his
property has been sold and that the oil storage tanks will be removed.
-5-
.
CITY COUNCIL MINUT~
MONDAY, MAY 19, 1986
page six
.
APPROVAL OF CLAIMS AND ADJOURNMENT
Rascop moved, seconded by Haugen, to adjourn the regular Council meet-
ing of May 19, 1986 at 11:17 PM subject to approval of the claims.
General Fund - Acct #00-00166-02
Checks # 32048 - # 32093
Checks #200306 - #200320
=
$ 223,290.94
6,906.73
$ 230,197.67
=
Liquor Fund - Acct #00-00174-02
Checks # 4615 - # 4668
Checks #200321 - #200334
=
$ 51,810.85
2,589.68
$ 54,400.53
RESPECTFULLY SUBMITTED,
Mayor Rascop
Sandra L. Kennelly
City Clerk
SLK: sn
CHECK NO
32048
32049
32050
32051
32052
32053
32054
32055
32056
32057
32058
32059
32060
32061
32062
32063
32064
32065
32066
32067
32068
32069
32070
32071
32072
32073
32074
32075
32076
32077
32078
32079
32080
32081
32082
32083
32084
32085
32086
32087
32088
32089
32090
32091
32092
32093
.
.
GENERAL FUND - BILLS PAID SINCE MAY 14, 1986
TO WHOM PAID
Commissioner of Revenue
Commissioner of Revenue
Daniel J. Vogt
Norwest Bank of Mpls. N.A.
National City Bank
AmeriData Systems, Inc.
Albinson
AT&T Information Systems
Bob's Personal Coffee Servo
Labor Relations Assoc.
H.C. Mayer & Sons, Inc.
Metro West Inspections, Inc.
Minnegasco
NSP
R & W Roll-Off Service
Wagers, Inc.
Waste Management - Savage
Jim Hatch Sales Co., Inc.
Minesota Fire & Safety, Inc.
South Tonka League of Women
City of Excelsior
Charles S. Davis
Howard Stark
Petty Cash
PERA
State Treasurer - Soc. Sec.
The Minnetonka Bank
Commissioner of Revenue
ICMA Retirement Corp.
City-County Credit Union
Northwestern Bell
SLMPSD
Minnegasco
Metropolitan Waste Ctrl Comm
Minnesota Mutual Life
MedCenters Health Plan
Physicians Health Plan
Daniel J. Vogt
Donald E. Zdrazil
TeamWork Sports, Inc.
City of Minnetonka
Robert Rascop
Jan Haugen
Tad Shaw
Robert Gagne
Kristi Stover
'"
PURPOSE
AMOUNT
April, 1986 Fuel Tax $ 32.28
March Sales Tax - 1st Qtr. 44.17
State Managers Conference 210.57
Sewer Improvement Bond 6-1-72 155,091.30
" " "12-1-71 3,775.00
Printer Ribbons/Diskettes 157.22
Planning - Print Reductions 5.70
Telephone Service - City Hall 30.22
Garbage Bags, Coffee-City Hall 53.00
Union Discussions 292.50
Regular Gas/Diesel 997.46
Bldg Insp - Jan thru March 186 700.00
Utilities - Garage 132.50
City-Wide Electricity 967.99
Spring Clean-up 5,475.00
Olivetti Printwheel 27.53
Garbage Removal - City Hall/Garage 74.00
Hip Length Boots 64.68
12 Fire Extinquisher/Brackets 330.00
Recycling program 113.76
1st Qtr. '86 Water Purchase 1,214.72
80 Hrs Regular 377.19
80 Hrs Regular/Union Dues 547.83
P.O. Book/Street Supt Mtg. 16.65
5/24/86 Payroll - PERA 1,101.83
" "- FICA 1,909.82
" "- FWH 11,561.55
" "- SWH 699.25
" "- ICMA 263.00
" "- Credit Union 32.00
Telephone Serv - City Hall/Garage 342.39
June, 1986 Budget 23,937.83
Utilities - Amesbury 28.25
Sewer Serv Chgs - June '86 18,660.77
Employee Life Ins. - June, '86 182.42
" Health Ins. - June, '86 374.70
" " " " 2,222.20
Mileage & Misc Expense 72.69
Hand Soap - Shop 20.00
Tennis Net 102.95
1st Qtr '86 Water Purchase 498.02
June, '86 Mayor's Salary 150.00
June, '86 Council Salary 100.00
" "" 100.00
" "" 100.00
" "" 100.00
SUBTOTAL $223,290.94
- 1 -
.
.
GENERAL FUND - BILLS PAID SINCE MAY l4t 1986
CHECK NO TO WHOM PAID PURPOSE AMOUNT
PAYROLL LIST
200306 Void Void 0.0
200307 Daniel J. Vogt 80 hrs 881.87
200308 Sandra L. Kennelly 80 hrs 611.49
200309 Susan A. Niccum 80 hrs 450.43
200310 Nancy K. Buckentine 80 hrs 350.26
200311 Evelyn T. Beck 80 hrs 752.12
200312 Kathleen G. Schwank1 80 hrs 483.49
200313 Bradley J. Nielsen 80 hrs 747.78
200314 Bradley J. Nielsen Motor Vehicle Allowance 114.23
200315 Void Void 0.0
200316 Dennis D. Johnson 82 hrs 607.79
200317 Daniel J. Randa 11 82 hrs 607.79
200318 Void Void 0.0
200319 Ralph A. Weh1e 80 hrs 519.31
200320 Donald E. Zdrazi1 80 hrs 780.17
SUBTOTAL $ 6t906.73
TOTAL $230t197.67
- 2 -
CHECK NO
4615
4616
4617
4618
4619
4620
4621
4622
4623
4624
4625
4626
4627
4628
4629
4630
4631
4632
4633
4634
4635
4636
4637
4638
4639
4640
4641
4642
4643
4644
4645
4646
4647
4648
4649
4650
4651
4652
4653
4654
4655
4656
4657
4658
4659
4660
4661
4662
.
.
LIQUOR FUND - BILLS PAID SINCE MAY 14, 1986
TO WHOM PAID
Butch's Bar Supply
Coca-Cola Bottling Midwest
Intercontinental Pkg Co.
Johnson Bros. Wholesale
Jude Candy & Tobacco
Minnesota Bar Supply, Inc.
NSP
Old Dutch Foods, Inc.
Paustis & Sons
Ed. Phillips & Sons Co.
Pogreba Distributing Co.
Prior Wine Co.
Quality Wine & Spirits Co.
Twin City Wine Co.
Matthias, Roebke, & Maiser
Waste Management - Savage
Commissioner of Revenue
City of Shorewood
City of Shorewood
AT&T Consumer Products
Coca-Cola Bottling Midwest
Eagle Distributing Co.
Griggs, Cooper, & Co., Inc.
Intercontinental Pkg Co.
Johnson Bros Wholesale Liq.
Jude Candy & Tobacco Co.
Minnesota Bar & Supply
Minnesota Fire & Safety, Inc.
Minnesota Suburban Newspapers
Northwestern Bell
NSP
Ed. Phillips & Sons
Prior Wine Co.
Quality Wine & Spirits Co.
Twin City Wine Co.
Waste Management - Savage
BellBoy Corporation
Russell R. Marron
City of Shorewood
MN Mutual Life Ins.
Physicians Health Plan
Harry Niemela
Ryan Properties, Inc.
Quality Wine & Spirits Co.
Eagle Distributing Co.
G & K Services
Griggs, Cooper & Co.
Minnegasco
PURPOSE
Mise Purchases
Pop Purchases
Wine Purchases
Wine Purchases
Cigarette/Mise Purchases
Mise Purchases
Utilities
Mise Purchases
Wine Purchases
" "
Beer/Pop/Mise Purchases
Wine Purchases
Liquor/Wine Purchases
Wine Purchases
Financials/Annual Audit
Garbage Removal
April '86 Sales Tax
5/10/86 Payroll Reimbursement
Bookkeeping Expense
Telephone Service
Pop Purchases
Liquor/Wine Purchases
Liquor Purchases
Wine Purchases
" "
Cigarette/Mise Purchases
Mise Purchases
Fire Extinquisher Maint
Advertising
Telephone/Advertising
Utilities
Wine/Liquor Purchases
Wine Purchases
" "
Wine Purchases
Garbage Removal
Liquor Purchases
Mileage for May, 1986
5/24/86 Payroll Reimbursement
June '86 Employee Life Ins.
"" " Health Ins.
June '86 Store Rent--
June" " "
Liquor Purchases'
Liquor/Wine Purcnases
Laundry Service -
Liquor Purchases
Utilities
- 1 -
AMOUNT
28.10
260.70
149.42
1,128.65
280.60
183.65
215.35
131. 22
44. 70
94.57
2,168.86
274.67
236.55
772.99
2,360.00
45.00
5,586.62
3,308.28
538.58
17.45
112.10
9,386.15
991.11
808.66
1,553.33
978.58
f 129.20
36.00
69.12
136.63
256.37
1,226.50
725.57
548.16
838.58
45.00
1,821.65
18.90
3,427.83
35.29
310.64
882.50
1,765.00
70.00
2,685. 71
36.20
1,544.39
124.79
.
.
LIQUOR FUND - BILLS PAID SINCE MAY 14, 1986
CHECK NO TO WHOM PAID PURPOSE AMOUNT
4663 Intercontinental Pkg Co. Wine Purchases 405.10
4664 Johnson Bros Wholesale Liq. " " 1,456.89
4665 Ed. Phillips & Sons Co. Liquor/Wine Purchases 653.37
4666 Prior Wine co. Wine Purchases 172.71
4667 Quality Wine & Spirits " " 443.56
4668 Twin City Wine Co. " " 289.30
SUBTOTAL $ 51,810.85
PAYROLL CHECK LIST
200321 Russell R. Marron 80 hrs 438.03
200322 Robert F. Nash 13 hrs 59.15
200323 Christopher Schmid 41 hrs 146.51
200324 Donald Thara1son 27 hrs 118.07
200325 Stephen H. Thies 21. 5 hrs 91.06
200326 Todd H. Ogin 3.5 hrs 14.63
200327 John F. Thompson 23.5 hrs 99.72
200328 John F. Josephson 24.5 hrs 100.65
200329 William F. Josephson 80 hrs 487.50
200330 Susan M. Latterner 36 hrs 134.96
200331 Steven D. Maeger 62 hrs 254.82
200332 Christopher J. Meyer 31 hrs 135.45
200333 Dean H. Young 80 hrs 432.63
200334 Joel S. Bovee 18 hrs 76.50
SUBTOTAL $ 2,589.68
TOTAL $ 54',400.53
- 2 -
, CITY OF SHOREWOOD ~
BOARD OF REVIEW
THURSDAY, MAY 22, 1986
411LNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
7:30 PM
M I NUT E S
CALL TO ORDER
Shorewood city Council convened as the Shorewood Board of Review at
7:37 PM on May 22, 1986 in the Council Chambers to review the assessed
valuation placed on real estate property in Shorewood.
ROLL CALL
Present: Mayor Rascop, Councilmembers Haugen, Shaw, Stover and
Gagne
Staff: Administrator Vogt, Clerk Kennelly, City Assessors Rolf
Erickson, Dave Wilde, Rita Gunderian and Hennepin County
Assessor Kermit Benson
REQUESTS
The following property owners came before the Council for review of
their assessed valuations.
Minnetonka Country Club 33-117-23-31-0004
24575 Smithtown Road
Bohden Witrak presented a packet of information consisting of other
golf courses in Hennepin County, a method of calculating values of
courses, ranking of best courses, location of peat areas and member-
ship fee comparison list.
Mr. Witrak stated that the Clubs current valuation is $705,000 with an
increase of 161% proposed in the next 2 years to a total of $1,847,000.
Mr. Witrak introduced Bob Martin, a retired head of the Hennepin
County assessors, to represent the golf courses in their opposition to
the enormous valuation increase. They feel that there is no uniformity
to the increases. They pointed out discrepancies on the valuations
placed on the courses in comparison with each other. Martin referred
to the Minnesota Open Space property tax law and felt that these valu-
ations did not comply with the law.
Council reviewed the material submitted, and asked various questions
of the assessor.
Haugen moved, seconded by Gagne, to table a discussion on this matter
until all the material submitted can be reviewed. Reconvening of the
Board of Review will be at 5:00 PM on June 9, 1986. Motion carried -
5 ayes.
Tim Sexton
5335 Elm Ridge Circle
Mr. Sexton went over his valuation since 1975. He doesn't feel his
valuation should increase over his last years at $270,000. This was
a reduction from the assessor valuation for 1986. The 1987 was placed
at $290,000, a 7% increase.
29-117-23-34-0011
\c
"\
.
.
CITY OF SHOREWOOD
BOARD OF REVIEW
THURSDAY, MAY 22,
page two
1986
Tim Sexton - continued
33-117-23-34-0011
Haugen moved, seconded by Gagne, to reduce his valuation to $270,400
($150,000 Buildings/$120,400 Land). Motion carried - 5 ayes.
Tim and Colleen Brown 35-117-23-33-0024
22055 Stratford Place
Mrs. Brown submitted a plat map of the lots surrounding her property
with the land valuations listed on the lots. The lots with buildings
were valued around $40,000, with the vacant land set at $19,800.
They felt this was a definate discrepancy.
The assessor will review these valuations and correct them.
Council took no action to reduce Brown's valuation.
John Hotvet 29-117-23-34-0012
26420 Edgewood Road
Mr. Hotvet indicated that the Council had reduced his valuation for
1986 from $282,000 to $265,900. The 1987 value was placed at
$283,700 and he is asking for a reduction of that value.
Haugen moved, seconded by Stover, to reduce the valuation to $258,900.
The assessor objected to a reduction lower than the 1986 rate.
Haugen withdrew her motion, seconded by Stover.
Rascop moved, seconded by Haugen, to set the valuation at $266,900.
($146,900 Building - $120,000 Land). Motion carried - 5 ayes.
ADJOURNMENT
d ' /)
~~_cV
Shaw, to adjuurn this meeting at 10:05 PM
of Review to 5:00 PM on June 9th, 1986.
Haugen moved, seconded by
and to continue the Board
Motion carried - 5 ayes.
RESPECTFULLY SUBMITTED
Sandra L Kennelly
City Clerk
MEMO TO:
FROM:
DATE:
SUBJECT:
.
~
MAYOR
Robert Rascop
COUNCI L
Jan Haugen
Tad Shaw
Kristi Stover
Robert Gagne
ADMINISTRATOR
Daniel J. Vogt
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD . SHOREWOOD. MINNESOTA 55331 . (612) 474-3236
MAYOR AND COUNCILMEMBERS
DAN VOGT 'Ji!Y
JUNK ,It, ..:L 98'6
STREET STRIPING - MINNETONKA BOULEVARD
Each year, the City of Deephaven contracts with a service to
stripe certain streets in Deephaven and Greenwood. One of the
streets is Minnetonka Boulevard which is jointly owned by Shore-
wood and Greenwood. In the past this work would be done and we
,were sent a bill for the striping. This year, the striping was
done on May 20. On this date Councilmember Haugen called me to
ask if I knew it was being done. As I did not, it was agreed
that prior notification should be given to Shorewood so that the
City can take action on the request prior to the work being done.
In the future, the City of Deephaven has agreed that it will con-
tact us prior to the work taking place. Also, the Shorewood
Public Works Director should be involved in the process. As I
understand, sometimes Don is involved, sometimes not. I will
stress that the Deephaven Public Works Director contact Shore-
wood so that we are involved from the outset each year.
As for 1986, the work is done and the costs should be virtually
the same as 1985, approximately $350. Also I feel Minnetonka
Boulevard is the kind of roadway which needs striping for safety
reasons. For these reasons, I recommend that the City Council
approve the striping of Minnetonka Boulevard. I will then write
a letter to the City of Deephaven outlining the precedures we
wish to see followed for future striping projects.
This item appears on the consent agenda for the meeting of June 9,
1986, for your consideration.
Please contact me if you have any questions prior to the meeting.
cc: Don Zdrazil
A Residential Community on Lake Minnetonka's South Shore
5A-
MEMO TO:
FROM:
DATE:
SUBJECT:
.
.
CITY OF
SHOREWOOD
MAYOR
Robert RaleOp
COUNCI L
Jan Haugen
Tad Shaw
Kristi Stover
Robert Gagne
ADMINISTRATOR
Daniel J. Vagt
5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331- . (612) 474-3236
MAYOR AND COUNCILMEMBERS
DAN VOGT YJ!
JUNE 4, 1986
STREET LIGHT - CHRISTMAS LAKE ACCESS
The Park Commission initially requested that electrical service
for a future security light be extended to one of the grassy
islands which are proposed for the Christmas Lake Access. In
my discussions with NSP, it was found that they would not merely
stub in service on our property without making an actual elec-
trical connection. They indicated that this is similar to the
City running sewer service into a property without connection
to a house. However, NSP would provide for a service stub at
the property line similar to how we handle a sewer stub.
The Park Commission then voted to recommend that the City Council
request the installation of a street light in the grassy island
nearest to the access point into Christmas Lake.
It has been found that since the street light wiring would be
less than 100 feet from the property line, the installation would
be free. The only cost to the City would then be the monthly fee
to operate the light ($9.40/mo.).
It is my recommendation for the City Council to accept the Park
Commission recommendation to request Northern States Power Com-
pany to install a street light in the Christmas Lake access as
indicated above.
This item appears on the consent agenda of your June 9 agenda.
Please contact me prior to Monday night if you have any questions
relative to this issue.
cc: Sue Niccum
A Residential Community on Lake Minnetonka's South Shore
58
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LEGAL NOTICE
PUBLIC HEARING
CITY OF SHOREWOOD
NOTICE IS HEREBY GIVEN that the City council of the City of Shorewood will
hold a Public Hearing in the Council Chambers of the Shorewood City Hall,
5755 Country Club Road, Shorewood, Minnesota, on Monday, 9 June, 1986, at
7:45 P.M., or as soon thereafter as possible. The purpose of the Hearing
is to consider vacating a portion of the Birch Bluff Road right-of-way
described as:
"That part of Paradise Avenue (now known as Birch Bluff
Road) according to the plats of Birch Bluff, Upper
Minnetonka and Mann's Addition to Birch Bluff (Lake
Minnetonka) on file in the office of the County Recorder,
Hennepin County, Minnesota, lying westerly of the westerly
line of 1st Street and lying northerly and easterly of the
following described line:
Beginning at the most northerly corner of Lot 13, Block 3,
said Mann's Addition to Birch Bluff (Lake Minnetonka);
thence northwesterly to a point on the southerly exten-
sion of the westerly line of Lot 1, said Birch Bluff,
Upper Minnetonka, distant 15.00 feet southerly of the
most southerly corner of said Lot 1; thence northerly
15.00 feet to said most southerly corner of Lot 1 and said
line there terminating.
Said vacated street contains 2184 square feet more or less."
Oral and written comments will be considered at that time.
City of Shorewood
SANDRA KENNELLY
City Clerk
To be published 26 May 1986
7
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STATE OF MINNESOTA
COUNTY OF HENNEPIN
City of Shorewood, Minnesota,
a Municipal Corporation,
Plaintiff,
v.
Shorewood Investments, Inc., a
Minnesota Corporation,
Gary M. Lindgren, and Angie L.
Koenig,
Defendants.
..
DISTRICT COURT
FOURTH JUDICIAL DISTRICT
)
)
)
)
)
)
)
)
)
)
)
)
)
ORDER TO REPAIR OR
REMOVE HAZARDOUS BUILDING
CITY OF SHOREWOOD TO THE ABOVE-NAMED DEFENDANTS:
The City Council of the City of Shorewood, Minnesota, hereby
orders you and each of you as the owners of a hazardous building
located at 5580 Manitou Road, Shorewood, Minnesota, to correct the
hazardous condition of such building or to raze or remove same within
twenty (20) days or to file your Answer to this Order in the office
of the Clerk of District Court within twenty (20) days after the
service of this Order upon you.
If you fail to take the specified corrective action or to
file an Answer to this Order within the time stated, the City of
Shorewood shall move the District Court for summary enforcement of
this Order.
The grounds for this Order are set forth in that certain
letter dated 28 April, 1986, from Bradley J. Nielsen, City
Planner/Building Official, to Mr. Gary Lingren, Shorewood
Investments, Inc., a copy of which letter is attached hereto and made
a part hereof as Exhibit A.
CITY OF SHOREWOOD
Robert Rascop, Mayor
?A
Excelsior Volunteer Fire Department
339 THIRD STREET. EXCELSIOR, MINNESOTA 55331
FIRE MARSHALS OFFICE
Page 1
December 9. 1985: Fire at 5580 Manitou Road. Shorewood at 8:03 P.M.. Began
to interview property owner Gary Rohweder and tenant Angie Koenig at the fire
scene the night of the fire. Started fire investigation of structure immediately
following extinguishment of structure.
December 10.1985: Excelsior Fire Department contacted State Fire Marshals
Division to investigate fire. State Fire Investigator Tom~Jerisen assigned
to the fire. Fire Investigator Tom Jensen. Fire Chief Bill Rand and Fire Marshal
Mark Kuhnly went to the fire scene. Met property owners son Barry Rohweder
who signed a consent to search form so we could investigate the interior of the
I
building. Barry Rohweder also boarded up the building at this time. Fire officials
were on the scene until approximately 5 P.M. .
December 11. 1985: State Fire Investigator Tom Jensen. Fire Chief Bill Rand,
and Fire Marshal Mark Kuhn1y returned to the fire scene and continued with
an all day investigation.
December 12,1985: Contacted property owners insurance company for coverage
information. Contacted insurance company of tenant for information. Contacted
Gary Rohweder and Angie Koenig for additional information and knowledge of
the fire. Performed other routine telephone research investigation.
December 14. 1985: Recontacted insurance company of property owner for additional
information. Compiled all data and information researched and obtained to this
point in thi investigation.
December 18. 1985: Met with a tenant at the Minnetonka Plaza Center a possible
eye witness and took a written statement from her. State Fire Investigator and
Local Fire Marshal had a conference exchanging information researched and obtained
to this point in the investigation.
-
-
.:-.,
Excelsior Volunteer Fire Department
339 THIRD STREET. EXCELSIOR, MINNESOTA 55331
FIRE MARSHALS OFFICE
Page 3
April II. 1986: Obtained signed permission to enter and search form signed by
Angie Koenig at her Minnetonka residence.
April 12.1986: Fire Marshal Mark Kuhnly. Firefighter Glenn Johnston and
Electrical Firensic Engineer Robert Svare entered buildingfor an all day invest-
igation of the electrical wiring system in the building to determine that to
be the cause or to rule out.
April 19. 1986: All day investigation with Electrical Firensic Engineer Robert
Svare and Fire Cause and Determination Private Investigator Glenn Miller, analysis
I
of burn patterns and possible cause determination.
April 28, 1986: Poly graph test on person involved in the ownership of the -
property.
April 29, 1986: Letter sent to Brad Nielsen reference to the structural
investigation of the building is completed and that the City of Shorewood
may now issue a demolishion permit and or any other conditions are necessary
( see attached copy of the letter ).
In Summary: Insurance covera$e was cancelled as of October 24, 1985 as stated
by the insurance agent o~ Gary Rohweder. So therefore, no assistance was given
at anytime during the investigation by the insurance company by providing
additional specialized personel in the fire cause determination or monetary
funding to obtain specialists in this field as is normally provided by the
insurance company in fire losses of this size and severity. All outside firensic
experts were obtained by the Excelsior Fire Department at no charge to either
the fire department ~ The City of Shorewood at a savings of approximately
six thousand dollars.
-
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Excelsior Volunteer Fire Department
339 THIRD STREET. EXCELSIOR, MINNESOTA 55331
FIRE MARSHALS OFFICE
April 29, 1986
Mr. Brad Nielsen
City of Shorewood
5755 Country Club Road
Shorewood, Mn. 55331
Dear Brad,
This correspondence is in reference to the building that was damaged
by fire on December 9, 1985 located at 5580 Manitou Road. The Excelsior
I
Fire Department has now completed it's investigation of the structural
damage and it's contents, there for allowing the City of Shorewood to
issue a demolishion permit to the property owner.
Sincerely,
Mark Kuhnly
Fire Marshal
/
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EXHIBIT A
-
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Robert Rasco
COUNCI
Jan Hauge
Tad Sha\
Kristi Stolle
Robert Gagn
ADMINISTRA TOf
Doug Uhrhamme
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. CITY OF
SHORlEWOOD
5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474.323
28 ..1,pril 1986
Mr. Gary Lindgren
Shorewood Investments. Inc.
14633 Beacon ~ircle
Minnetonka 5345
Re: 580 Manitou Road
Dear Mr. Lindgren: .
As you are aware, a fire on 9 December 1985 damaged the building at the
above-referenced address. The Fire Marshall and I have determined that
the structure has been destroyed to more than 50% of its value, probably
85% or more. As such, the building constitutes a nuisance and a poten-
tial hazard and must be demolished. Due to the extent of the damage it
can not be rebuilt.
.1 I
The Fire Marshall has ineormed me that his investigation has now been
completed and that the building can now be demolished. You are hereby
advised that the demolition must be completed by no later than 15 May
1986. The structure, including the foundation walls must be cleared
from the site. The void created by the basement must be replaced with
clean compacted fill and seeded or sodded to minimize the potential for
erosion. The swimming pool located on the site must also be excavated
out and filled similarly to the house.
It is my duty to advise you that if the demolition has not been com-
ileted by 1) May 1986. the City may cause the work to be done and asseSS
the cost to the property.
You are hereby informed that you or anyone else having legal interest
~~ the building may appeal this order within 30 days of the date of
"this mailing. The appeal must be in writing as prescribed tn Chapter 5
of the Uniform Code for the Abatement of Dangerous Buildings, 1982
. Edition, a copy of which is attached. Failure to appeal witl constitute
~waiver of all ri~ht to an administrative hearing and determination
of the matter. . -
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.
MAYOR
Robert Rascop
COUNCI L
Jan Haugen
Tad Shaw
Kristi Stover
Robert Gagne
ADMINISTRATOR
Doug Uhrhammer
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: 5 MAY 1986
RE: SCHAFER, DONALD - VARIANCE TO HAVE A DOCK ON A LOT WITH
NO PRINCIPAL DWELLING
FILE NO.: 405 (86.14)
BACKGROUND
As you may know, the Zoning Ordinance requires that in order to have a
dock in Shorewood, there must be a principal dwelling on the property
(see Section 200.03 Subd. 14b.). Mr. Paul Larson, a realtor for Donald
Schafer, has requested a variance on behalf of Mr. Schafer which would
allow his client to have a dock on a small penninsula on Timber Lane
(see Site Location map - Exhibit A, attached).
In addition to the westerly third of the penninsula, Mr. Schafer owns
approximately 4.86 acres of property between County Road 19 and the
abandoned Chicago and Northwestern Railroad r.o.w. (currently part of
the regional trail system). His home is located on the south end of that
parcel at 23880 Smithtown Road.
ANALYSIS/RECOMMENDATION
Docks are listed as accessory uses in the R-1A and other single-family
residential districts. Accessory uses, by definition, can not exist
without a principal use. This is specifically stated relative to docks
in Section 200.03 Subd. 14b. That section goes on to say, however, that
the Council by a four-fifths vote, may approve a dock where no residence
exists.
It should be noted that the current dock regul?tiQDS were adopted verbatim
from the previous zoning ordinance (No. 77). Qne can only guess that the
regulations were originally drafted to allow docks on properties which were
not buildable. Perhaps it was thought that a dock would allow reasonabl~
use of an otherwise unbuildable lakeshore lot.__Unfortunately, no criteria
were provided for evaluating requests.
A Residential Community on Lake Minnetonka's South Shore
9ft
...
.
Re: Donald Schafer Variance
5 May 1986
There are several properties in Shorewood where docks exist without a
residence. Most of these are located on the west side of Christmas
Lake where Christmas Lake Road separates a narrow strip of land from
lots on the west side of the street. For the most part the docks which
exist there have been "grandfathered in" for quite some time. Also, most,
if not all, of the docks are owned and maintained by residents on the
west side of Christmas Lake Road.
Aside from docks which have been grand fathered in, there does not appear
to be a great deal of precedence to consider relative to docks. One case
which does come to mind involves a narrow strip of land to the east of Mr.
Schafer's lakeshore property. That property is owned by an in~ividual
who at one time owned the two-family dwelling located in the northeast
corner of Timber Lane and County Road 19. Several years ago he requested
permission to build three docks on the narrow strip along the lake. Two
were to be used by the residents of the double bungalow, and one was to
be used by the single-family residence located immediately north of the
double bungalow. Since getting approval to build the docks, the owner
no longer owns the double bungalow, but has retained ownership of the
narrow lot with the docks. At least one of the docks is being rented out.
Presumeably this situation is contrary to the original intent of the dock
regulations.
If the City feels the applicant's request is reasonable, it is recommended
that some means be devised for ensuring that the dock be used only by the
Schafers or future owners of their house. This could possibly be done by
protective covenants or deed restrictions. The City Attorney should be
consulted as to how this might best be accomplished.
If the request is not considered reasonable, serious consideration should
be given to amending the ordinance, eliminating the potential of having
more docks on lots where no residence exists.
BJN/nkb
cc: Dan Vogt
Glenn Froberg
Paul Larson
Donald Schafer
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SITE LOCATION
Schafer variance request
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It appears that the Planning Commission maybe inclined to
recommend a variance be granted to Mr. Shafer fqr the
construction of a dock on the small parcel of lakeshore property
he owns, providing that the dock is used only by himself, and
providing he owns both the lake shore parcel where the dock is to
be installed and the main parcel where his home is located: In
order to insure that these conditions are met by any variance
granted for the construction of the dock, I would suggest that
the resolution granting the variance be made subject to these
particular conditions and restrictions.
I would also suggest that the Clerk be instructed to record a
certified copy of the resolution with the County Recorder to
insure that anyone purchasing the property would be aware of
these conditions and restrictions concerning the use of the
dock.
I have 'a ttacheda<sampleresol uti on -'to this effect .for
consideration by the..Planning Commission.
Please let me know if you require anything further concerning
this matter.
91:3
.
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RESOLUTION NO.
WHEREAS, Donald Shafer is the owner of real property in:'
the City of Shorewood, Hennepin County, Minnesota, described as '
follows: . .
Parcel No.1:
(Legal Description)
(Legal Description)
Parcel No.2:
WHEREAS, Parcel No. 1 is a non-buildable lakeshore lot,
and Parcel No. 2 is a non-Iakeshore lot on which a single-family
dwelling is located; and
WHEREAS, Donald Shafer has made application for a
permit to construct a dock on Parcel No.1, which dock is to be
for the benefit and use of the residents of the dwelling located
on Parcel No.2; and
WHEREAS, said application requires a variance from the
Shorewood Dock Ordinance; and
WHEREAS, a public hearing was held upon due notice by
the City Planning Commission; and
WHEREAS, all appropriate fees have been paid.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Shorewood as follows:
1. That a variance shall be granted to applicant to
construct a dock on Parcel No.1, subject to the following terms
and conditions:
a. that said dock shall be used exclusively by the
residents of the dwelling located on Parcel No.2.
b. that said use of the dock by the residents of
the dwelling located on Parcel No. 2 shall continue
only so long as Parcel No. 2 and Parcel No. 1 have
common ownership.
t/
..
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CITY OF
SHOREWOOD
, MAYOR
Robert Rascop
COUNCI L
Jan Haugen
Tad Shaw
Kristi Stover
Robert Gagne
ADMINISTRATOR
Doug Uhrhammer
5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 . (612) 474-3236
MEMORANDUM
TO: PLANNING COMMISSION, MAYOR AND CITY COUNCIL
FROM: BRAD NIELSEN
DATE: 1 MAY 1986
RE: KELLEY, PAUL - SIMPLE SUBDIVISION AND LOT WIDTH VARIANCE
FILE NO.: 405 (86.15)
BACKGROUND
Mr. Paul Kelley has requested approval of a simple subdivision of
his property located at 25110 Yellowstone Trail (see Site Location
map - Exhibit A, attached). The property in question contains ap-
proximately 7.41 acres in area, is zoned R-IA, Single-Family Resi-
dential, and is occupied by a single-family dwelling.
As shown on Exhibit B the applicant proposes to divide approximately
1.86 acres with the house, leaving a 50 foot strip as future access
to the rear 5.5 acre parcel. Technically the rear parcel does not
have adequate lot width (width being measured at 50 feet back from
the street r.o.w.), thus requiring a variance.
ANALYSIS/RECOMMENDATION
Mr. Kelley's request is similar to several other recent requests
where a house on a large parcel of land is allowed to be divided
off to be sold separately from the vacant portion. From a plan-
ning perspective, the primary consideration in such cases is how
the remaining land and surrounding property might be developed in
the future. In order to properly evaluate the proposed division,
it was requested that the applicant submit a resubdivision sketch
showing how the property might be further divided. The plan sub-
mitted by the applicant is shown on Exhibit C.
The plan is consistent with R-IA zoning requirements and provides
for future development of adjoining properties. The proposed cul-
de-sac street can be extended eastward to serve the rear portions
of large adjoining parcels.
.A . Rp.sidp.ntiafCommunitv on Lake Minnetoriltii's South Shore
/()
..
-
Re: Paul Kelley Subdivision
1 May 1986
It is recommended that the simple subdivision and variance be
approved subject to the following conditions:
1. Any future subdivision of the property should be done as a
formal plat of the entire parcel.
2. Drainage and utility easements should be provided 10 feet
along the west, north and east sides of Parcel A.
"
3. The applicant must provide an up-to-date (within 30 days)
title opinion for review and approval by the City Attorney.
4. The division must be recorded within 30 days of release of
the Council resolution approving the request.
5. The shed located on the north side of Parcel A must be re-
moved or moved to comply with R-1A setback requirements.
6.
The 50 foot strip leading to the rear parcel should
treated as public r.o.w. for purposes of setbacks.
thing built on Parcel A should be no closer than 50
from the east property line.
be
Any-
feet
7.
One park dedication fee ($500) must be paid
of the resolution approving the division.
for the lot with the existing house.
prior to release
Credit is given
BJN/nkb
cc: Dan Vogt
Glenn Froberg
Jim Norton
Paul Kelley
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SITE LOCATION
Kelley - simple
width variance
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Exhibit B
PROPOSED DIVISION
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CITY OF
SHOREWOOD
MAYOR
Robert Rascop
COUNCI L
Jan Haugen
Tad Shaw
K risti 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: 2 JUNE 1986
RE: LADWIG, TODD - C.U.P. FOR EXPANSION OF A NONCONFORMING STRUCTURE
FILE NO.: 405 (86.15)
BACKGROUND
Mr. Todd Ladwig has applied for a building permit to construct a deck on
the north side of his home, located at 5985 Afton Road (see Site Location
map - Exhibit A, attached). The property is zoned R-1A, Single-family
Residential. The existing house does not conform with the 50-foot set-
back requirement for front yards and side yards abutting streets, making
it a nonconforming structure. Pursuant to Section 200.03 Subd.1k. the
expansion of a nonconforming structure requires a Conditional Use Permit.
I
The existing house is located approximately 39 feet from Afton Road and
40 feet from Cathcart Drive. As shown on Exhibit B the new deck is basi-
cally 22' x 24' with a four-foot walkway extending to the east.
ANALYSIS/RECOMMENDATION
The applicant's home, like others in his neighborhood, was built prior to
the establishment of the 50-foot setback requirement. The applicant's
plans comply with the provisions of Subd. 1k., specifically':
1. The expansion does not increase the nonconformity of the structure.
It should be noted that the applicant has agreed, though somewhat
reluctantly, to shorten the four-foot portion of the deck to com-
ply with the 50 foot setback from Cathcart Drive.
2. The nonconformity does not exist because the lot is substandard.
Nor does the expansion exceed the jioor area to lot area ratio
of 30 percent.
3. The proposed expansion is not considered to affect the aesthetics
or character of the neighborhood.
A Residential Community on Lake Minnetonka's South Shore
1/
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SITE LOCATION
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CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD . SHOREWOOD. MINNESOTA 55331 . (612) 474-3236
MAYOR
Robert Rascop
COUNCI L.
Jan Haugen
Tad Shaw
Kristi Stover
Robert Gagne
ADMINISTRATOR
Daniel J. Vogt
MEMORANDUM
TO: PLANNING COMMISSION, MAYOR AND CITY COUNCIL
FROM: BRAD NIELSEN
DATE: 29 MAY 1986
RE: BERGSTRAND, ROBERT - SETBACK VARIANCE
FILE NO.: 405 (86.13)
BACKGROUND
Mr. Rober~ Bergstrand has requested a setback variance to build a new
I garage on his property located at 27100 Edgewood Road (see Site Location
map - Exhibit A, attached). As explained in his request letter (Exhibit B,
attached), he proposes to replace an old existing single-car garage with
a new two-car garage. Although the new garage would be 10 feet from each
side lot line (see Exhibit C, attached), it would still require 10 foot
variances on each side due to the shore land zoning of the property.
In addition to the shore land zoning classification, the property is zoned
R-1A, Single-family Residential. As can be seen on Exhibit C, the lot is
grossly substandard, particularly with regard to width. It measures approx-
imately 42 feet at the front building line, tapering to 30.5 feet at the
lake.
ANALYSIS/RECOMMENDATION
The staff report, dated 28 May 1986, for the James Schultz variance request
raises serious concern over the new 20 foot lakeshore side yard setback,
particularly for older development. The comments made relative to this
concern are not repeated herein, however, they should be considered in the
evaluation of this request.
Aside from the general concern over the increased setback requirement, the
following specific factors suggest that the request is reasonable:
A. The new garage, despite its increased size, replaces one which is
quite substandard, both in terms of repair and its location on the
lot. At two feet from the side lot line, the old garage doesn't
even meet the minimum setback required by the State Building Code.
A Residential Community on Lake Minnetonka's South Shore
/ ;2.
.
.
,
Re: Robert Bergstrand - Setback Variance
29 May 1986
B. As a matter of pplicy~the City has, in past requests, recognized
that the lack of a two-car garage in Minnesota's climate constitutes
a hardship.
C. Section 200.03 Subd-;~l~of the Shorewood Zoning Ordinances requires
that expansion of nonconforming structures on substandard lots should
not exceed a floor area to lot area ratio of 30 percent. While this
request does not propose to expand a nonconforming structure, the
same principal still applies. The total area of existing and pro-
posed structures is approxiamtely 1466 square feet. The lot si~e,
less roadway area, is 11,120 square feet. The resulting floor area
to lot area ratio in this case is only 13 percent.
Based on the preceding, it is suggested that the Planning Commission recommend
approval of the variance subject to the new garage being built within one year
of Council approval.
cc: Dan Vogt
Glenn Froberg
Jim Norton
Robert Bergstrand
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SITE LOCA~IONsetback variance
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PROPERTY SURVEY
Proposed garage shown shaded
I hereby certify that this is a true
and correct representation of a sur-
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East line of said Slock 3 and its norther-
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tile south line of said Block 3 from a
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Commencing at the southeast corner of
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to the PJint of beginning or tile line
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and said line there ending,
and of the location of an existing house and
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other improvements or encroachments.
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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: PLANNING COMMISSION, MAYOR AND CITY COUNCIL
FROM: BRAD NIELSEN
DATE: 28 MAY 1986
RE: SCHULTZ, JAMES - C.U.P. AND SETBACK VARIANCE FOR EXPANSION
OF A NONCONFORMING STRUCTURE
FILE NO.: 405 (86.12)
BACKGROUND
I Mr. James Schultz has requested a building permit to construct a deck and
walkway system on the north side of his house, located at 5465 ~imber Lane
(see Site Location map - Exhibit A, attached). The proposed improvements,
including landscaping, are shown on Exhibit B, attached. A survey of the
property, Exhibit C, shows the location of the existing structure on the
lot.
The property is located in the "R-1B", Single-family Residential District.
Being located on Lake Minnetonka, the property is also subject to the re-
quirements of the "S", Shoreland District. Shorewood's adoption of the
State's shoreland management guidelines have resulted in making Mr. Schultz's
property, and many other lake shore homes, a nonconforming structure. In
this case, Mr. Schultz's house was built observing a 10 foot side yard set-
back. The side yard setback for lake shore lots has since been changed to
20 feet. .
Expansion of a nonconforming structure requires a conditional use permit
(see Section 200.03 Subd. 1k. of the Shorewood Zoning Ordinance). Since
the easterly end of the deck maintains the existing 10 foot setback, the
nonconformity is being increased. For this reason, Mr. Schultz has re-
quested a variance.
ANALYSIS/RECOMMENDATION
As mentioned in the recent Meloche/Bauman request, the 20 foot side yard
setback for lakeshore property is going to be extremely difficult to en-
force. Increases in setback requirements are always likely to create
nonconformities. This is particularly true of lake shore property. Not
only is the lake shore nearly fully developed, but the development repre-
sents some of the oldest in the area. Many of the homes on Lake Minnetonka
were built prior to any zoning requirements, and more recent construction
A Residential Community on Lake Minnetonka's South Shore
13.
.
.
Re: James Schultz - C.U.P. and Setback Variance
28 May 1986
observed a 10 foot requirement. As a consequence, it would he expected
that a large percentage of lake shore lots contain nonconforming struc-
tures.
Setback requirements are established for several reasons, not the least
of which is to create or maintain a certain character within a given
area. Given the extent of lakeshore development, the increased side yard
setback attempts t~vchange the character that has already been established.
This is contrary to'the City's expressed intent of adjusting zoning to
reflect existing development.
Relative to Mr. Schultz's variance request, it is not considered to change
the character of either his neighborhood or the zoning district in which
his property is located. Nor is his situation something created by him-
self. In this case the increased setback wasn't even created by the City,
but rather by the State.
In view of the preceding it is suggested that the C.U.P. and variance be
granted. The City is also urged to consider a possible change to the
side yard requirement for lakeshore lots. While the 20 foot requirement
could be imposed on newly created lots and/or new construction, a 10
foot setback could be required for existing construction and/or lots of
record (lots which existed prior to adoption of the Ordinance).
cc: Dan Vogt
Glenn Froberg
Jim Norton
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SITE LOCATION
Schultz - C.U.P. and setback variance
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a tnae aod correct plat or a suryey
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Lot F1Ye (5). TIMBER LANE, HenoeplD
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I further certify tbat tbe dwel11D€
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.
CITY OF
SHOREWOOD
MAYOR
Robert Raseop
COUNCIL
Jan Haugen
Tad Shaw
Kristi Stover
Robert Gagne
ADMINISTRATOR
Daniel J. Vogt
5755 COUNTRY CLUEfROAD . SHOREWOOD. MINNESOTA 55331 . (612) 474-3236
MEMORANDUM
TO: PLANNING COMMISSION, MAYOR AND CITY COUNCIL
FROM: BRAD NIELSEN
DATE: 29 MAY 1986
RE: HIGHWAY 7 PROPERTIES - SIMPLE SUBDIVISION AND LOT AREA VARIANCE
FILE NO.: 405 (86.14)
BACKGROUND
Mr. Jay Carpenter, representing Highway 7 Properties, has requested approval
'of a simple subdivision of the two lots located at 20550-52 and 20560-62
Excelsior Boulevard (see Site Location map - Exhibit A, attached). Both
lots are currently occupied by two-family dwellings (see Exhibit B, at-
tached). Pursuant to Section 200.03 Subd.16 of the Shorewood Zoning Or-
dinance, the applicant proposes to d~vide the lots and buildings for the
purpose of individual ownership.
Both of the existing lots contain approximately 30,290 square feet of area.
The two-family dwellings conform to the requirements of the R-2A, Two-
family Residential District in which the property is located.
Since the proposed unit lots (shown on Exhibit B) are smaller than the
15,000 square feet required by Section 200.15 Subd.5, the applicant has
requested a lot width variance.
ANALYSIS/RECOMMENDATION
The existing buildings were constructed prior to Shorewood having any pro-
vision in its zoning ordinance for dividing lots with two-family dwellings
on them. While the builder anticipated eventually splitting the property
(the units are separated by two one-hour fire walls as required by the
Building Code for attached single-family dwellings), he did not anticipate
the individual unit lot area requirements which have been adopted.
Even had he been aware of the forthcoming area requirement~ the buildings
would have had to be sited as they currently existr. The siting of the
buildings was dictated largely by topography. As can be seen on Exhibit C,
the property drops dramatically from east to west.
A Residential Community on Lake Minnetonka's South Shore
1'1
.
.
Re: Highway 7 Properties - Simple Subdivision and Lot Area Variance
29 May 1986
The merits of owner-occupied housing can be argued in different ways.
While some communities may be concerned about maintaining a certain
amount of rental housing stock, it is safe to say that most prefer owner-
occupancy. Given past discussions with City officials, Shorewood adopted
the current provisions with the intent of encouraging owner-occupancy.
In this regard granting the variances could be considered to be in the
"public interest".
In view of the preceding, the request is considered reasonable. Given that
the structures and lots already exist, the variances will not result in a
greater number of lots or living units. It is therefore recommended that
the divisions and variances be approved subject to the following:
1. The maintenance or "party wall" agreement (a portion of which is
attached as Exhibit D) should be subject to favorable review and
recommendation by the City Attorney.
2. Each unit must be served with its own sanitary sewer service. Wells
may continue to be shared. If the owner wishes to record the divi-
sion prior to completion of this item, a letter of credit should be
required to ensure the work gets completed.
3. The divisions and maintenance agreements must be recorded within 30
days of the applicant's receipt of the Council resolution approving
the request.
cc: Dan Vogt
Glenn Froberg
Jim Norton
Jay Carpenter
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ighway 7 Properties
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Exhibit C
TOPOGRAPHY
1CAf.,I:: .-.100'
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COIIIT.OU't ,1fTt1NAL.. I ,alT
NOTE
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II....(IOTA ....ATI ....
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a Lot, or any other cause, there shall be deemed to be an ease-
ment in. favor of the Owner of the encroaching Living Unit or
other structure to the extent, of such encroachment, so long as
the same shall exist.
Section 4.
Mechanic's Liens. Each Defaulting Owner agrees to indemnify
and hold harmless the Owner of an adjoining Living Unit for any
mechanic's liens arising for work done or materials supplied to
make repairs or replacements for which the Defaulting Owner is
responsible.
Section 5.
I Severability. Invalidation of any of the covenants by judg-
ment or court order shall in no way affect any of the other pro-
visions, which shall remain in full force and effect.
Section 6.
Right of Contribution to Run With Land.
The right of any
Owner to contribution from any other Owner under this Declaration
shall be appurtenant to the land and shall pass to such Owner's
successors in title.
ARTICLE III
BUILDING AND USE RESTRICTIONS AND
PROVISIONS GOVERNING RELATIONSHIP AMONG OWNERS
Section 1.
Residential Use. No Lot or Living Unit shall be used except
for residential purposes.
Section 2.
No Noxious Activity. No noxious or offensive activity shall
be conducted on any Lot or Living Unit, nor shall anything be
Exhibit D
EXCERPT - MAINTENANCE AGREEMENT
-4-
.
.
done thereon which may be or become an annoyance or nuisance to
other Owners.
Section 3.
Garbage and Refuse Removal. No Lot shall be used or main-
tained as a dumping ground for rubbish. Trash, garbage and otper
waste shall not be kept, except in sanitary containers.
Section 4.
No Animals Except Pets.
No fowl, animals or insects shall
be kept on any Living Unit or Lot, except dogs, cats and other
common household pets, provided that they are not kept, bred or
maintained for any commercial purposes.
, Section s.
Prohibited Structures. No structure of any temporary char-
acter, trailer, basement, tent, shack, garage or other building,
except the Residence Building shall be placed on or used on any
Lot at any time as a residence, either temporarily or perrna-
nently.
Section 6.
Hazardous Activities Prohibited.
No Owner shall engage in
or permit any activities in the Living Unit or on the Lot, or
maintain or permit any conditions in the Living Unit or on the
Lot, which would be considered extrahazardous for fire insurance
companies or would adversely affect the insurability of the
.-
Li ving Unit which shares a Party Wall with the Owner's Living
Unit.
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. .
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Section 7.
Landscaping.
The Owner of any Lot shall cause the land
owned to be seeded an~ suitably planted wi th grass, trees and
decorati ve shrubs, excepting, however, such part thereof as is.
used for driveway and parking space.
Section 8.
Remodeling.
No structure of any kind shall be built or
remodeled or reconstructed on the Property, unless the same shall
be covered over on its outside walls with stucco, brick, stone,
metal or wood siding, so as to conform to the siding and appear-
ance of the other half of the Residence Building of which it is a
par~.
Section 9.
Roofing and Out Buildings.
All roof surfaces shall be
covered with shingles of wood or composition, or wi th slate or
tile, so as to conform in both color and style wi th the roof
construction of the other half of the Residence Building of which
it is a part. A garage or other out building on any Lot, or any
portion thereof, shall be of construction and architectural type
similar to the Residence Building.
Section 10.
Insurance - Replacement. Each Owner shall maintain fire and
extended coverage insurance on the Living Unit in the full
replacement cost thereof and shall, in the event of damage to or
destruction of the Living Unit, restore it to the condition in
which it was prior to the damage or destruction.
n...~
-6-
.
.
'.
Section 11.
Maintenance. Each Owner of a Living Unit shall maintain the
Lot and the exterior of the Living Unit in good condition and
repair and in a clean and neat condition.
Section 12.
Architectural Control. The Owner of a Living Unit may
replace exterior components of the Living Unit with similar com-
ponents of the same design and color, and may paint the exterior
of the Living Unit with paint of the existing color of the exter-
ior, but may not, either in the course of ordinary replacement or
remodeling or restoration after damage or destruction, employ
difFerent siding or roofing material or a different color scheme,
without the written consent of the Owner of the adjoining Living
Unit.
Section 13.
Covenants to Run With Land. These restrictions shall oper-
ate as covenants running with the land and shall be binding on
and inure to the benefit of any and all persons who now own, or
may hereafter own, Parcel A or Parcel B, and such persons are
specifically given the right to enforce these restrictions
through any proceedings, at law or in equity, against person or
persons violating or threatening to violate such restrictions,
and to recover any damages suffered by them for any violation
thereof.
0,4.
-.'-
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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. MINNE~9IA_55331 . (612) 474-3236
ME~~ORANDUM
TO: PLANNING COMMISSION, MAYOR AND CITY COUNCIL
FROM: BRAD NIELSEN
DATE: 27 MAY 1986
RE: WCL ACRES - PRELIMINARY PLAT
FILE NO.: 405 (86.11)
BACKGROUND
,'Mr. Richard Larsen, Wirtenen-Clark-Larsen Architects, Inc., has requested
approval of a preliminary plat for property located at 23645 Yellowstone
Trail (see Site Location map - Exhibit A, attached). The prope~tycon-
tains approximately 4.84 acres and is zoned R-1C, Single-Family Residen-
tial. The applicant proposes to divide the property into seven lots as
shown on Exhibit B.
The property is curr~ntl~occupied by a single-family residence and detached
garage located at the north end of the site, near Yellowstone Trail. While
surrounding parcels contain wooded areas, the subject property contains
relatively few trees. Topography is somewhat rolling, ranging from an
elevation of 980 in the northeast corner of the site to 1020 in the south-
east corner.
The property is surrounded on the west, north and east sides by single-
family residential zoned R-1C. Properties to the west and east are quite
large and capable of future development. The Shorewood Shopping Center is
located south of the site and is zoned C-3, General Commercial.
ISSUES AND ANALYSIS
The applicant's plans are subject to the requirements of the Shorewood
Zoning Ordinance (No. 168) and the Shorewood Subdivision Ordinance (No. 79).
In evaluating the preliminary plat, the following issues should be con-
sidered:
Lot sizes in the plat range from 38,5~0 square feet for Lot 7 (to
accommodate the existing house and garage) to 20,388 square for Lot
3. The average lot area for the plat is 24,953 square feet.
A. Lot Size. The required lot size in the R-1C zoning district is 20,000
square feet in area, 120 feet in depth, and 100 feet in width. All
seven lots meet or exceed these requirements.
A Residential Community on Lake Minnetonka's South Shore
/5
.
.
Re: WCL Acres - Preliminary Plat
27 May 1986
B. Street Designs. The proposed street, Charleston Circle, conforms
with the fifty foot r.o.w. width requirement. Also, the cul-de-
sac meets the minimum diameter requirement of 100 feet. The street
is approximately 660 feet in length, which is within the 700 foot
length requirement currently observed for cul-de-sac streets.
It is important to recognize that the new road provides potential
access for future development of land to the east and southeast of
the site. This should be reflected in the record of the approval
of the project so that future residents of the plat are put on
notice that their cul-de-sac street may eventually be extended to
serve other properties. The sketch on Exhibit C illustrates how
such an extension might occur.
C. Grading, Drainage and Utilities. Shorewood's current Subdivision
Ordinance does not require informaton relative to grading, drain-
age and utilities until the final plat stage of approval. While
none of there are anticipated to present a problem, the City's
approval of the preliminary plat should be specifically contingent
upon the City Engineer's satisfactory review of plans for these
items. Grading and drainage will also be subject to review and
approval by the Minnehaha Creek Watershed District.
D. Park Dedication. Given the proximity of the property to Badger
Park, it is anticipated that the Park Commission will require a
cash dedication for parks ($500'per lot with credit given for the
existing house) rather than land. Nevertheless, the plat should be
subject to their review and recommendation.
RECOMMENDATION
It seems seldom that the City receives development requests which don't
involve variances or some other special type of approval. Not only does
the proposed plat meet or exceed Shorewood's requirements, it also re-
lates well to existing site conditions and provides for future develop-
ment of adjoining properties. In view of the preceding analysis it is
recommended that the preliminary plat for WCL Acres be approved as pre-
sented subject to the following:
1. Approval of the plat is contingent upon satisfactory review and
approval of plans for grading, drainage and utilities by the City
Engine e r .'
2. Plans for grading and drainage are subject to the recommendations
of the Minnehaha Creek Watershed District.
3. Drainage and utility easements, 10 feet wide on each side of rear
and side property lines, must be shown on the final plat.
4. Approval should be subject to the recommendation of the Park Com-
mission relative to park dedication requirements.
- 2 -
1QOO' 2000'-26. ~
SEF'T. 1982 ."'" "'-
ASSOCIATED CONSULTANTS INC. ~~
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PRELIMINARY PLAT
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BASSFORD, HECKT, LOCKHART & MULLIN, P. A.
MELVIN D. HECKT
GREER E. LOCKHART
WILLIAM E. MULLIN
MACLAY A. HYDE
LYNN G. TRUESDELL
JEROME C. BRIGGS
L. H. ""'"Y. .JR.
.JOHN .... DEGNAN
KEVIN P. KEENAN
REBECCA EGGE MOOS
JOHN M. ANDERSON
CHARLES E. LUNOBERG
GREGORY P. BULINSKI
DONNA ..I. BLAZEVIC
M....Ry E. STEENSON
JAMES F'. BAL.DWIN
REGINA M. eMU
.......AK P. HODKINSON
.JOHN R. SHOEMAKER
LAWYERS
3550 MULTIF'0005 TOWER
MINNEAPOLIS, MINNESOTA 55402-3787
( 6 I 2) 3 33 - 3000
TELEX I: 290230
EDMUND T. MONTGOMERY
CHARLES A. BASSF'"ORO
RETIRED
'It. F'REO e. SNYDER 11859.1951)
EOWARO 'C. GALE (lB62 - 1943)
F'RANKA.JANES (1908-1959)
'--NATHAN A. COBB. SR. (1905-1976)
BERGMANN RICHARD,S (IBee~197e)
June 2, 1986
City Council
City of Shorewood, Minnesota
5755 Country Club Road
Shorewood, Minnesota 55331
RE: Acquisition by the City of Shorewood of Realty Commonly
Described as 5795 Country Club Road, Shorewood, Minnesota
Our File No. 86-216
Dear City Council:
I am writing you with regard to the above entitled matter as a
resident of Shorewood, a homeowner, and a representative of a group
of homeowners, living on Echo Road in that community.
It is my understanding that the City has entered into an Executory
Contract for the purchase of the above property to be closed on or
about July 2, 1986. It is my further understanding that it is the
intention of the City to use the property as an annex to the City
offices and/or the housing of its Planning facilities and/or the
present or future placement of its Police station and attendant
activities.
Speaking for myself, and on behalf of those other homeowners that I
represent, we oppose both the acquisition and the proposed use or
uses of that property for the following reasons:
1. The proposed use of the property in a residential neighborhood
demonstrates both an insensitivity and disregard by the Council
to the quality and nature of the Echo Road community and its
residents.
I would ask the members of the Council to consider th~ impact of
an office building or Police Station, with its necessary
increase in vehicle and pedestrian traffic, placed nextdoor or
across the street from their own homes. I would suggest that
its utility, safety and market value would be substantially
reduced.
/0
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City Council
June 2, 1986
Page 2
2. The alternative of-an addition or modification of the existing
Shorewood City Hall has not been thoroughly or responsibly
investiga~ed. To-uy knowledge, no plans or specifications, bids
or attendant pla~riing has been called for or received to the:
end. Further,! am advised that the necessity of proposed.
expansion has been publicly questioned by the Mayor at a recent
meeting. A feasibility study, considering these factors and the
impact on the homeowners of Echo Road, is, in my judgment, a
threshold consideration of this Council even before its entry
into a purchase agreement for the subject premises.
3. There is substantial question in my mind whether or not the
proposed use of the property falls within the governing
ordinance. The reading of Subdivision 4 of section 200.11
(adopted by reference under Section 200.12(4)) indicates that
governmental or public use modifies the word "utility."
What is obviously intended by this drafting is the placement of
small and unobtrusive utility buildings designed to hold
imaintenance or alike equipment for use in residential
neighborhoods. This is clearly supported by the provisions of
Section 200.02(2) (g) which provide for screening and shrubbery
and Section 200.04(1) (d) (1) as to depreciation of the
neighborhood. The$e structures are required to meld into and
become relatively invisible within the residential area to which
they are consigned. f
I would speculate that the ordinance is the product of an
earlier Council adopting "boilerplate" provisions applicable to .
an urban community. certainly an office building or Police
station does not fall within that intent.
Section 200.04(1) (d) (1) requires the Planning Commission, in its
consideration of a conditional use, to look at the adverse
affects on the neighborhood wherein the structure is to be
sited. Subsection (c) of that provision requires that the
proposed use will not "tend to" or "actually" depreciate the
area.
We have been advised by local realtors that the placement of the
City building at the proposed site will substantially depreciate
the value of our homes. We have engaged the services of Douglas
Fruen, a professional appraiser, to establish a preliminary
amount of such depreciation and, if necessary, the specific
amount on a house-to-house basis.
.
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City Council
June 2, 1986
Page 3
Given such "depreciation~" it would seem that the necessary
authority for the proposed use of the premises by the City is
lacking.
4. It is anticipated that the placement of the City offices/Police
station at the proposed site will substantially impair the value
of some, if not all, of the homes on Echo Road. I have advised
the property owners involved that this may constitute an inverse
condemnation proceeding by the city giving rise to a claim for
damages for the value of such impairment. In addition, I
believe it will lower the value of their respective assessments
of real estate taxes by a comparable amount. If recoverable, I
would speculate that the aggregate will double or triple the
cost of acquisition of the proposed site.
This letter is written to request that the Council defer its
acquisition of the premises until these objections above can be
thoroughly aired and considered. The failure to do this may lead to
costly and extensive litigation which will render the proposed
acquisition untenable. If the homeowners prevail, the City will own
a rental property that it cannot use for its desired purpose at a
cost perhaps in excess of what any addition to the present City
offices might require.
I would ask you to consider these objections and to meet with the
Echo Road residents on or before June 17, 1986.
Very truly yours,
L. H. May,
for
BASSFORD, HECKT, LOCKHART & MULLIN, P.A.
/4
LHM/bw
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Section
Section
Alarm Systems
Section one. Statement of Poiicy. The City Council of the
City of deems it n~cessary to provide for the
special and express regulation of. alarm systems which are
designed to signal the presence of a hazard requiring urgent
attention and to which public safety personnel are expected to
respond, in order to protect the public health, safety and
welfare.
The City Council finds that the regulation of alarm systems
is necessary in order to reduce the increasing frequency of false
alarms in (city) . The great number of and increasing
frequency of these false alarms requires intensive, time
consuming efforts by the Department of Public Safety and thereby
distracts from and reduces the level of services available to the
rest of the community. This diminishes the ability of the City
to promote the general health, welfare and safety of the
community. In consideration for the necessity on the part of the
City to provide numerous public safety services to all segments
of the community, without an undue concentration of public
services in one area to work to the detriment of members of the
general public, it is hereby decided that the alarm systems shall
be regulated through the permit process described below:
Section Two . Definitions. As used herein, unless
otherwise indicated, the following terms are defined as follows:
Subd. 1. "Alarm System" shall mean an assembly of
equipment and devices (or a single device such as a
solid state unit) arranged to signal the presence of a
hazard. For the purposes of this ordinance, the alarm,
when triggered, must be directly connected to a central
monitoring agency which then notifies the police and/or
fire departments of an emergency to which public safety
personnel must respond, or may emit an audible signal
which will require urgent attention and to which public
safety personnel are expected to respond.
Subd. 2. "Alarm User" shall mean the person, firm,
partnership, association, corporation, company or
. organization of any kind on whose r.remises an alarm
system is maintained. "Alarm User I shall include
persons occupying dwelling units for residential
purposes. "Alarm User" shall not include persons
maintaining alarm systems in automobiles.
*Footnote: Strike outs indicate matter deleted from existing
ordinance, and underscoring indicates new matter.
/7/1
'.
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.
Section
Subd. 3. "False Alarms" shall mean the
activation of an alarm system through mechanical
failure, malfunction, improper installation, or the
negligence of the owner or lessee of an alarm system or
of his employees or agents. It does not include
activation of the alarm by ytility-~~~paRy-p~WQ.
~wtages-~.-~r-climatic conditions such as tornadoes,
lightning, earthquakes, other violent conditions of
nature, or any other conditions which are clearly
beyond the control of the alarm manufacturer, installer
or owner. Effective . 19 alarms due to
power outages from any cause shall constitute a false
alarm and shall be counted against the number of false
alarms permitted hereunder.
Subd. 4. "Person" shall mean any individual,
partnership, corporation, association, cooperative or
other entity.
Subd. 5. "ba~e8ae~-Past Year" shall mean the ~e!:iee-
de8~e.Fy-i-tAFe~gA-Beee~eeF-~i-e€-eaeR-yea:. preceding
365 days.
Section Three
Permits and Exemptions.
Subd. 1. Permits. Every alarm user who, during the
course the ~ast e€-a-eaie8aa!:-year, incurs more than
tR.&&-two ~ i-(2i false police alarms, or more than one
(1) falSe fire a arm shall be required to obtain an
alarm user permit. .
.
Subd. 2. Review of Permit. The Public Safety Director
shall review the issuance of all alarm permits.
Subd. 3. Process for Issuance of Permit. Upon receipt
and determination of the teHFtA-third false police
alarm report, or the second false fire alarm report at
an address, the Chief of Police, after review, shall
notify the City Clerk who shall then assess the alarm
user for an alarm user's permit. The assessment
invoice shall be sent by certified mail. The alarm
user must submit the required permit fee to the City
Clerk within ten (10) working days after receipt of the
assessment invoice in order to continue to use his
alarm system. Subject to the following exception, any
subsequent false police or fire alarms at that address
.
.
Section
permit and the process
event the alarm user
the
a
Subd. 4. Duration of Permit. All permits, unless
otherwise revoked, will expire at-the-e8e-ei-eaeh-
ea~e8ea~-yearT one year from date of issue.
Subd. 5. Exemptions. The provisions of this chapter
are not applicable to audible alarms affixed to
automobiles.
Section Four
Requirements and Duties.
Subd. 1. False Alarm Reports. The Chief of Police
may, at his discretion, require a false alarm report to
be filed by the alarm user with the Chief of Police,
within a time period to be specified by the Chief of
Police. If the Chief of Police determines that a false
alarm has occurred at an address, the alarm user at
that address may submit a written report to the Chief
of Police to explain the cause of the alarm activation.
If the Chief of Police determines that the alarm was
caused by conditions beyond the control of the alarm
user, the alarm will not be counted as a false alarm at
that address.
Subd. 2. "False Alarms" will be excused if they are
the result of an effort or order to upgrade, install,
test, or maintain an alarm system and if the Chief of
Police is given notice in advance of said upgrade,
installation, test and maintenance.
Section Five
Prohibitions.
Subd. 1. "Alarm Systems Utilizing Taping or
Prerecorded Messages." No person shall install,
monitor, or use and possess an operative alarm which
utilizes taped or prerecorded messages which deliver a
telephone alarm message to the police or fire
departmen t.
~
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.
Section
Section Six
Permit Fees.
Subd. 1. The fee for alarm user's permits shall be:
Police - fifty dollars ($50.00), Fire - one hundred
fifty dollars ($150.00).
Subd. 2. Alarm user's permits shall expire e8-tRe-~aBt-
eay-ef-eaeh-ea~e~ea~-one year from date of issue.
Subsequent alarm user's permits shall not be required
in-the-next-eaienea~-yea~-until there are more than
tRtee-two ~d~-(2) false police alarms or more than one
(1) faISe fire-atarm reported at the alarm user's
address during the next ~alQ~da. year period.
Section Seven
Revocation and Suspension of Permit.
Subd. 1. Basis for revocation or sus ension. In
addition to t e automat1c revocat10n process described
in Section (Three), the Chief of Police may suspend or
revoke any alarm user permit issued pursuant to this
ordinance if the Chief of Police finds that any of the
following occur:
a. That any provision or condition of this ordinance
has been violated by an alarm user or his agents;
b. That an alarm system has actuated an excessive
number of false alarms;
c. That the alarm user has knowingly made false
statements in or regarding his application for an
alarm user's permit;
d. That the alarm user has failed to correct or
remove, within a reasonable period, violations of
this ordinance after receipt of notice to do so;
e. That the continued effectiveness of the alarm user
permit, constitutes a substantial threat to the
public peace, health, safety or welfare.
All alleged violations defined above shall be investigated
by the Public Safety Department. The alarm user shall be given
notice of the proposed revocation of suspension and be provided
an opportunity to informally present evidence to the Chief of
Police prior to the final decision on revocation or suspension.
Anyone aggrieved by the decision of the Chief of Police may
appeal that decision to the City Council.
.
Section Eight
Criminal Penalties.
.
Section
>>
Subd. 1. Any alarm user who continues to use an alarm
system after receiving notice of revocation or
suspension by the Chief of Police shall be guilty of a
misdemeanor, and upon conviction thereof, shall be
punishable by a fine of not more than seven hundred
dollars ($700.00) and by imprisonment not to exceed
ninety (90) days.
Subd. 2. Any person required by this ordinance to
obtain an alarm user's permit who knowingly fails to do
so shall be guilty of a misdemeanor, and upon
conviction thereof, shall be punishable by a fine of
not more than seven hundred dollars ($700.00) and by
imprisonment not to exceed ninety (90) days.
Section Nine . Separabilit~. Ev~y section, provision,
or part of this ordinance is declare separable from every other
section, provision or part; and if any section, provision or part
of any ordinance shall be held invalid, it shall not affect any
othe~ section, provision or part thereof.
.
.
.
ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE NO. 12
RELATING TO ESTABLISHMENT OF HARBOR LIMITS AND
PROHIBITING NUISANCES THEREIN
THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA,
ORDAINS:
SECTION 1. Section 7 o~ Ordinance No. 12 relating to
specific public nuisances, defined, is amended by adding
thereto the following:
"Subsection 13. Using the public water access
site on Christmas Lake in the City of Shorewood, Hennepin
County, to put into or remove from Christmas Lake any
boat or motor in excess of 25 horsepower, or transporting
any boat or motor in excess of 25 horsepower across said
access site. This subsection shall not apply to governmental
employees or agents on official business."
SECTION 2. This Ordinance shall be in full force
and effect upon its passage and publication, and shall
expire at midnight on December 31, 1992.
ADOPTED BY THE CITY COUNCIL of the City of Shorewood
this day of , 1986.
Mayor
ATTEST:
City Clerk
/76
.
.
CITY OF EXCELSIOR
339 THIRD STREET
EXCELSIOR, MINNESOTA 55331
TELE: 612-474-5233
OFFICE OF THE MAYOR
June 3, 1986
Mayor and Councilmembers
City of Shorewood
5755 Country Club Road
Shorewood, MN 55331
Dear Mayor and Councilmembers:
During its regularly scheduled meeeting of June 2, 1986, the Excelsior
City Council reviewed and considered your proposal which consists of
three options dealing with representation and term for a new Joint Powers
Agreement to govern the South Lake Minnetonka Public Safety Department.
I Following a lengthy discussion, the Council voted unanimously to accept
your proposal for a five-year agreement with one vote for Shorewood on
the Coordinating Committee.
With the inclusion of the five-year term provision, the Excelsior City
Council now fully supports a new Joint Powers Agreement to take effect on
January 1, 1988 under the following conditions:
1. Each member City should be allowed to retain and exercise a
veto power in establishing the Police Department1s annual budget;
2. The term of the new agreement should be 5 years;
3. Each City should be granted one vote on the Coordinating Commit-
tee, and the representatives to that Committee should be selected
by each of the respective City Councils;
4. The formula for funding the Police Department1s budget should be
based on a history of demand for service calculated by a "loaded
labor rate";
5. All member Cities should agree to the creation of a formula to
address the future division of assets upon dissolution of the
Joint Powers Agreement; and
6. The construction of any new facilities for the Police Department
should be considered separately and not included within the
terms and conditions of the Joint Powers Agreement.
d~
..
.
.
Mayor and Councilmembers
City of Shorewood
June 3, 1986
Page 2
On behalf of the entire Excelsior City Council, I hope that our accept-
ance of your proposal has removed the final obstacle leading toward the
resolution of our existing differences of opinion. I can assure you that
the City of Excelsior is delighted that it can once again look forward to
being served by a strong, effective and efficient police force for years
to come.
I would sincerely appreciate an official response from the City of Shorewood
regarding our acceptance of your May 13 proposal. Thank you very much for
your cooperation and consideration in working with us on this vital issue.
Very truly yours,
~~ t! ~'
Richard J. Knapp cr-!~
Mayor ' f f-'
BID TABULATION
for
Tr.unK Watermain, Bituminous Street Surface, Aggregate Base,
Subgrade Stabil ization and Concrete Curb and Gutter
Project No.. S6-1 and 86-2
..
io.
..
.
for the
Ci ty of Shorewood
Hennepin County, Minne.ota
Orr-Schelen-May.ron
& Associates, Inc.
8ids Opened: May 30, 1986
11:30 AM
GRANO
BID SCHEDULE SCHEDULE TOTAL BID
CONTRACTOR SECURITY 'A' 'B' 'A' + '8'
----------------------------------------------------------..--.-......--......
LaTour Construction 5% $ 96,715.30 $683,587.65 $ 780,302.95
------------------------------------------------------------------------------
Northda1e Construction Co., Inc. 5% $125,367.75 $789,487.25 $ 914,855.00
------------------------------------------------------------------------------
G. L. Contracting, Inc. 5% $141,128.75 $877 987.00 $1 019,115.75
______________________________________________________~__J_________~__________
----------------------------------------------------~-------------------~--~--
------------------------------------------------------------------------------
------------------------------------------------------------------------------
------------------------------------------------------------------------------
-----------------------------------------------------------~------------------
------------------------------------------------------------------------------
------------------------------------------------------------------------------
-------------------------------------~----------------------------------------
.
------------------------------------------------------------------------------
I hereby c.rtify th~t this is a
true and correct tabulation of the
:~~SJ=U~ ~ 1986
J~m.. P. Norton, P.E. 11606
* Denotes Corrected figure
Commision No. 033-3707.30
j.'
BID TABULATION
for
Tr"wnK Watermai n, Bi tumi nows Street Surface, Aggregate 8ase,
Subgrade Stabil ization and Concrete Curb and Gutter
Project Nos. 86-1 and 86-2
for the
Ci ty of Shor.wood
Hennepin County, Minn.sota
Orr-Schelen-May.ron
& Associates, Inc.
Bids Opened
May 30, 1986
1 1 : 30 AM
GRANO
BID SCHEDULE SCHEDULE TOTAL BID
CONTRACTOR SECURITY 'A' '8' 'A' + '8'
_____________.__________.__.____._________...._........._._...._.______.__ww..
LaTour Construction
5%
$ 96,715.30
$683,587.65
$ 780,302.95
------------------------------------------------------------------------------
Northda1e Construction Co., Inc. 5% $125,367.75 $789,487.25 $ 914,855.00
----------------------------------------------------~-------------------------
G. L. Contracting, Inc. 5% $141,128.75 $877 987.00 $1 019,115 75
---------------------------------------------------------~---------~----~-~---
------------------------------------------------------------------------------
------------------------------------------------------------------------------
------------------------------------------------------------------------------
------------------------------------------------------------------------------
------------------------------------------------------------------------------
------------------------------------------------------------------------------
------------------------------------------------------------------------------
-------------------------------------~--------~-------------------------------
----------------------------~-------------------------------------------------
I hereby certify that this is .
true and correct tabulation of the
bids 4lSn=V1! o:vf:7~~~' 1986
By:a '/~
Jam.. P. Norton, P.E. 11606
* Denotes Co~rected figure
Commision No. 033-3707.30
..: ;..i t'tii.. ' ",,, ,;. co
On Lake Minnetonka
June 5, 1986
Mayor Rascop and Councilmembers:
The purpose of this letter is to notify you that the City of
Greenwood at its June 3rd meeting accepted your proposal for the continuation
of the South Lake Minnetonka Public Safety Department as follows:
a. Each city would continue to have one vote.
b. The terms of the contract would be five years from
the expiration of the present contract.
c. The formula for allocations would be a demand based
formula.
d. Each city would retain its present veto power over
budget increases.
e. In the event the department were ever dissolved, the
assets would be divided amoung the communities on the
basis of contribution.
f. The remainder of the contract would take the form of the
contract handed out by Greenwood at the work session
(basically the old contract form).
The City of Greenwood wishes to express to you its appreciation for
the many hours you have spent on this matter. We look forward to a long and
mutually beneficial relationship with your city.
Sincerely yours,
~~/P ~~
Alan M. Albrecht
Mayor of Greenwood
AMA/jht
CITY OF GREENWOOD . 20225 Cottagewood Road . Excelsior, Minnesota 55331 . (612) 474-4755
P..EI.llI..OIi
As RESIDENTS OF SHOREWOOD", WE ASK THE VILLAG.E COUNCIL TO GRANT
A DELAY IN THEIR APPROVAL OF THE PROPOSED PLATTING OF FIVE ACRES AT
23645 YELLOWSTONE TRAIL INTO SEVEN LOTS. THE REASON FOR THIS DELAY
IS TO ALLOW TIME TO CONSIDER A CHANGE IN THE ZONING ORDINANCE TO RE-
STORE TO ONE ACRE MINIMUM LOT SIZE FROM GLENCOE ROAD WEST ALONG THE
YELLOWSTONE TRAIL. THIS AREA PRESENTLY CONTAINS NO HOUSING UNITS
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SMALLER THAN ONE ACRE.
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As RESIDENTS OF SHOREWOODJ WE ASK THE VILLAGE COUNCIL TO GRANT
A DELAY IN THEIR APPROVAL OF THE PROPOSED PLATTING OF FIVE ACRES AT
23645 YELLOWSTONE TRAIL INTO SEVEN LOTS. THE REASON FOR THIS DELAY
IS TO ALLOW TIME TO CONSIDER A CHANGE IN THE ZONING ORDINANCE TO RE-
STORE TO ONE ACRE MINIMUM LOT SIZE FROM GLENCOE ROAD WEST ALONG THE
YELLOWSTONE TRAIL. THIS AREA PRESENTLY CONTAINS NO HOUSING UNITS
SMALLER THAN ONE ACRE.
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1\IlIlliES.S.
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As RESIDENTS OF SHOREWOOD1 WE ASK THE VILLAGE COUNCIL TO GRANT
A DELAY IN THEIR APPROVAL OF THE PROPOSED PLATTING OF FIVE ACRES AT
23645 YELLOWSTONE TRAIL INTO SEVEN LOTS. THE REASON FOR THIS DELAY
IS TO ALLOW TIME TO CONSIDER A CHANGE IN THE ZONING ORDINANCE TO RE-
STORE TO ONE ACRE MINIMUM LOT SIZE FROM GLENCOE ROAD WEST ALONG THE
YELLOWSTONE TRAIL. THIS AREA PRESENTLY CONTAINS NO HOUSING UNITS
SMALLER THAN ONE ACRE.
ADD.RE.S.S. _t-J:J IV [/ 5/ Z t[
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f1I.l.ll.OH
As RESIDENTS OF SHOREWOODJ WE ASK THE VILLAGE COUNCIL TO GRANT
A DELAY IN THEIR APPROV.AL OF THE PROPOSED PLATTING OF FIVE ACRES AT
23645 YELLOWSTONE TRAIL INTO SEVEN LOTS. THE REASON FOR THIS DELAY
IS TO ALLOW TIME TO CONSIDER A CHANGE IN THE ZONING ORDINANCE TO RE-
STORE TO ONE ACRE MINIMUM LOT SIZE FROM GLENCOE ROAD WEST ALONG THE
YELLOWSTONE TRAIL. THIS AREA PRESENTLY CONTAINS NO HOUSING UNITS
L) .
ADURESS ~Z~
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SMALLER THAN ONE ACRE.
CITY OF SHOREWOOD
PARK COMMISSION MEETING
MONDAY, JUNE 2, 1986
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
7:00 P.M.
M I NUT E S
CALL TO ORDER
Chairman Schmid called the meeting to order at 7:05 P.M.
ROLL CALL
Present: Chairman Schmid, Commissioners Lindstrom, Jakel, Vogel
Jurgens; and Park Assistant Niccum.
Absent: Commissioner Laberee
APPROVAL OF MINUTES
Vogel moved, Jakel seconded, to approve the minutes of May 19, 1986
as written. Motion carried unanimously.
FREEMAN ENTRANCE
The Park Commission asked staff if the rocks had been placed across
the old entrance. Staff replied that a fence would be put across the
area because rocks could cause liability problems.
PARK COMMISSION VACANCY
Park Commissioner Carolyn Squires tendered a letter of resignation,
stating that her job responsibilities do not enable her to give 100%
to the Commission. She did say she would like to reapply at a later
date if her work load eases up.
Commissioner Jakel volunteered to take Squire's place as liaison at
the June 9 Council meeting.
The Commission asked Sue to advertise for a new Commissioner.
EX-COMMISSIONER KOOI - PLAQUE
Chairman Schmid read a letter Administrator Vogt had sent to Kooi show-
ing appreciation for her work. He asked if she is to receive a plaque.
Staff said she understood that she was to receive only a letter, that
from now on plaques will only be awarded after serving a full term or
longer. Commissioner Jurgens said he had been at the Council meeting
and she is supposed to receive a plaque. The Commission asked that the
plaque be ordered.
PARK COMMISSION MINUTES
MONDAY, JUNE 2, 1986
page two
WCL ACRES - PRELIMINARY PLAT
23645 Yellowstone Trail
Mr. Dick Larson was present to explain that they have approximately
4.84 acres that they wish to divide into 7 lots. When asked, he said
the lots would probably sell for around $25,000 a piece. They will
put in the road, curb and gutter, and sewer. This will be included
in the price of the lot. They will also create a small ponding area
to hold runoff to prevent additional drainage. He said the road will
fit pretty much into the natural topography.
Commissioner Jurgens expressed concern over the idea that the road
might end up extending through to the Shorewood Shopping Center and
created traffic problems in the area.
Jakel moved, Jurgens seconded, to recommend to Council that a $500
park fee be charged for each of the 6 new lots, totalling $3000. Motion
carried unanimously.
FOOTBALL FIELD
,
Nothing has been done to the field yet. There appears to have been a
communication problem between Commissioner Jurgens and Public Works
Director Zdrazil. Staff suggested that Commissioner Jurgens contact
Administrator Vogt if he cannot reach Zdrazil. Commissioner Jurgens
will contact one or the other on Tuesday, June 3rd. He can get pul-
verized dirt from Asplin Excavating, including delivery, for $60 for
10 yards. This will cost $1200.
MANOR WARMING HOUSE/PAVILION
The Commission discussed the size of the building. Chairman Schmid
will contact Pete Studer to get a cost estimate for a 16' x 20' block
building with a 4' x 20' utility storage area on one end and a 25' x
30' slab on the other end for use as a picnic pavilion. They also
mentioned 8' ceilings and a roof that would extend over the slab to be
used for a picnic area, the roof extension to be 20' x 20' with the
slab extending another 5' on three sides.
VOLLEYBALL
Commissioner Jakel reported that an official volleyball court is 30' x
60', with the sand area being approximately 36' x 60' and the sand
depth around 5". The net is 3' x 32', 4" square mesh, #21 size dark,
natural or synthetic cord, with a double thickness sewn along the entire
length of the net and a 1/8" x 1/16" cable along the top, it stands
7'4 1/8" to 7'11 1/8".
PARK COMMISSION MINUTES
MONDAY, JUNE 2, 1986
page three
VOLLEYBALL (cont.)
The Commission discussed putting a court in the Badger free-skating
rink, after thinking it over they decided it might be a good idea to
put the court in Manor Park. Commi~~ioner Jakel will look at both
parks and report back on locations at the next meeting.
TENNIS BACKBOARDS
Commissioner Jakel also reported on what is needed for the tennis back-
boards. He said 4" x 4"IS, sunk in concrete form the back, then 1" x
12"ls fastened to the 4" x 4"IS form the backboard.
Jakel moved, Lindstrom seconded, to recommend to Council that a back-
board be put in Badger Park tennis court, cost and labor not to exceed
$600 for 7 15' 4" x 4"'s, 12 20' 1" x 12'"s, and labor. Motion carried
unanimously.
"NO GOLFING ALLOWED" SIGNS
The C~mmission discussed the complaint from the football Association
regarding golfers practicing in the park, and tearing up large divots
allover the fields without replacing them. They also discussed safety,
if other people are around. They recalled last year1s complaint in
Manor when a practicing golfer put a ball through the car window across
the street. They also discussed limiting use to "whiffle balls" but
felt the practicing golfers would not be satisfied with this limitation.
Vogel moved, Jakel seconded, to recommend to Council that "NO GOLFING
ALLOWED" signs be placed in necessary areas in the City Parks. Motion
carried unanimously.
ADJOURNMENT
Lindstrom moved, Vogel seconded, to adjourn at 8:52 P.M.
RESPECTFULLY SUBMITTED,
Sue Niccum
Park Assistant
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BASSFORD, HECKT, LOCKHART & MULLIN, P. A.
LAWYERS
MELVIN O. HECKT
GREER E. LOCKHART
WilLIAM E. MULLIN
MACLAY R. HYOE
LYNN G. TRUESOELL
JEROME C. BRIGGS
L. H. MAY, ,JR.
JOHN M. DEGNAN
KEVIN P. KEENAN
REBECCA EGGE MOOS
JOHN M. ANDERSON
CHARLES E. LUNOBERG
GREGORY P. BULlNSKI
DONNA J. BLAZEVIC
MARY E. STEENSON
,JAMES r. BALDWIN
REGINA M. CHU
MARK P. HODKINSON
JOHNR.$HQEMAKER
3550 MULTIFOOD5 TOWER
MINNEAPOLIS, MINNESOTA 55402-3787
(612) 333 - 3000
TELEX 1:290230
EDMUND T. MONTGOMERY
CHARLES A. BASSF"ORO
RETIRED
FRED B. SNYDER (1859-1951)
EDWARO C. GALE (1862 -1943)
.RANK A.JANES (1908-1959)
NATHAN A. COBB. SR. (1905 -'976)
BERGMANN RICHARDS (18aa-1978)
June 2, 1986
City Council
City of Shorewood, Minnesota
5755 Country Club Road
Shorewood, Minnesota 55331
RE: Acquisition by the City of Shorewood of Realty Commonly
Described as 5795 Country Club Road, Shorewood, Minnesota
Our File No. 86-216
Dear City Council:
I am writing you with regard to the above entitled matter as a
resident of Shorewood, a homeowner, and a representative of a group
of homeowners, living on Echo Road in that community.
It is my understanding that the City has entered into an Executory
Contract for the purchase of the above property to be closed on or
about July 2, 1986. It is my further understanding that it is the
intention of the City to use the property as an annex to the City
offices and/or the housing of its Pianning facilities and/or the
present or future placement of its Police station and attendant
activities.
Speaking for myself, and on behalf of those other homeowners that I
represent, we oppose both the acquisition and the proposed use or
uses of that property for the following reasons:
1. The proposed use of the property in a residential neighborhood
demonstrates both an insensitivity and disregard by the Council
to the quality and nature of the Echo Road community and its
residents.
I would ask the members of the Counqil to consider the impact of
an office building or Police Station, with its necessary
increase in vehicle and pedestrian traffic, placed nextdoor or
across the street from their own h~mes. I would suggest that
its utility, safety and market value woUld be substantially
reduced.
City Council
June 2, 1986
Page 2
2. The alternative of an addition or modification of the existing
Shorewood City Hall has not been thoroughly or responsibly
investigated. To my knowledge, no plans or specifications, bids
or attendant planning has been called for or received to the
end. Further, I am advised that the necessity of proposed.
expansion has been publicly questioned by the Mayor at a recent
meeting. A feasibility study, considering these factors and the
impact on the homeowners of Echo Road, is, in my judgment, a
threshold consideration of this Council even before its entry
into a purchase agreement for the subject premises.
3. There is substantial question in my mind whether or not the
proposed use of the property falls within the governing
ordinance. The reading of Subdivision 4 of section 200.11
(adopted by reference under section 200.12(4)) indicates that
governmental or public use modifies the word "utility."
What is obviously intended by this drafting is the placement of
small and unobtrusive utility buildings designed to hold
maintenance or alike equipment for use in residential
neighborhoods. This is clearly supported by the provisions of
Section 200.02(2) (g) which provide for screening and shrubbery
and Section 200.04(1) (d) (1) as to depreciation of the
neighborhood. These structures are required to meld into and
become relatively invisible within the residential area to which
they are consigned. f
I would speculate that the ordinance is the product of an
earlier Council adopting "boilerplate" provisions applicable to
an urban community. Certainly an office building or Police
station does not fall within that intent.
section 200.04(1) (d) (1) requires the Planning Commission, in its
consideration of a conditional use, to look at the adverse
affects on the neighborhood wherein the structure is. to be
sited. Subsection (c) of that provision requires that the
proposed use will not "tend to" or "actually" depreciate the
area.
We have been advised by local realtors that the placement of the
City building at the proposed site will Substantially depreciate
the value of our homes. We have engaged the services of Douglas
Fruen, a professional appraiser, to establish a preliminary
amount of such depreciation and, if necessary, the specific
amount on a house-to-house basis.
city Council
June 2, 1986
Page 3
Given such "depreciation," it would seem that the necessary
authority for the proposed use of the premises by the City is
lacking.
4. It is anticipated that the placement of the City offices/Police
station at the proposed site will substantially impair the value
of some, if not all, of the homes on Echo Road. I have advised
the property owners involved that this may constitute an inverse
condemnation proceeding by the City giving rise to a claim for
damages for the value of such impairment. In addition, I
believe it will lower the value of their respective assessments
of real estate taxes by a comparable amount. If recoverable, I
would speculate that the aggregate will double or triple the
cost of acquisition of the proposed site.
This letter is written to request that the Council defer its
acquisition of the premises until these objections above can be
thoroughly aired and considered. The failure to do this may lead to
costly and extensive litigation which will render the proposed
acquisition untenable. If the homeowners prevail, the City will own
a rental property that it cannot use for its desired purpose at a
cost perhaps in excess of what any addition to the present city
offices might require.
I would ask you to consider these objections and to meet with the
Echo Road residents on or before June 17, 1986.
Very truly yours,
L. H. May,
for
BASSFORD, HECKT, LOCKHART & MULLIN, P.A.
LHM/bw
.~
JUN. C c) 1l)bG
CITY OF EXCELSIOR
339 THIRD STREET
EXCELSIOR, MINNESOTA 55331
TELE: 612-474-5233
OFFICE OF THE MAYDA
June 4, 1986
Councilwoman Kristi Stover
City of Shorewood
5755 Country Club Road
Shorewood, MN 55331
Dear Ms. Stover:
On behalf of the Excelsior City Council, I would like to thank you
for your presentation at our meeting of June 2, 1986.
Your proposal to create a special "Police District" is a unique idea
which appears to have some merit. At this time, however, the Excelsior
City Council would prefer to put its efforts into resolving existing
issues rather than into evaluating concepts for future administration
of the South Lake Minnetonka Public Safety Department.
After a new Joint Powers Agreement has been ratified by Excelsior,
Greenwood, Shorewood and Tonka Bay, our Council may choose to give
further consideration to your proposal. In the meantime, we feel 'that
our most pressing need is to reach a final agreement on proposals which
are already "out on the table".
And again, thanks for your. efforts.
v~.er [QJ)tru1Y your.. A.//f'
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Ri cfmrd J. Knapp i/ / / /
Mayor ....