052885 CC Reg AgP
.,.
CITY OF SHOREWOOD
REGULAR COUNCIL MEETING
MOm;).^.~, MAY 28, 1985
f'
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
7:30 P.M.
AGE N D A
CALL TO ORDER
A. Pledge of Allegiance and
B. Roll Call
Prayer Gagne ..~
Mayor Rascop ~
Haugen 2
Shaw ~
Stover ~
1. APPROVAL OF MINUTES
A. Special Meeting - May 6, 1985
(Attachment #la)
B. Regular Meeting - May 13, 1985
(Attachment #lb)
2. MATTERS FROM THE FLOOR
A.
B.
3. PLANNING COMMITTEE REPORT
A.
B.
4. PARK COMMISSION REPORT
A.
B.
5. ~m ~ CONDITIONAL USE PERMIT
Applicant:
Location:
of~L.
Dr-
\~
(y.
Our Saviors Lutheran Church
23290 State Highway 7
(Attachment #5a - Planner's Report)
(Attachment #5b Engineer's " )
COUNCIL AGENDA
- 2 -
MAY 28~ 1985
6. REZONING AND CONDITIONAL USE PERMIT
Applicant: G & R Construction
Location: 5580 County Road 19
(Attachment #6 - Planner's Report)
7. PROPOSED ZONING ORDINANCE
(Attachment #7 - Planner's Report
and Exhibits)
8. PLANNER'S REPORT
A. Garden Patch Clarification
(Attachment #8a - Staff Memo)
B. Upper Lake Minnetonka Yacht Club Clarification
(Attachment #8b - Staff Memo)
c. Permit Request for Incidental Use of Public Property
Applicant: Elliot Cobb
Location: 5615 Covington Road
(Attachment #8c - Request)
D. Adoption of 1985 State Building Code
9. ISSUANCE OF LIQUOR, BEER, SUNDAY SALE LICENSES .~~
~\~~.
A. American Legion ~~~
tJ\\~ ~
B. Skiperette
C. Plaza Tom Thumb \ \
D. Driskills Super Valu "Sl'- J;u ~ ~{I
E. Minnetonka Country CIUb~~ tJ
10. PUBLIC WORKS DEPARTMENT EMPLOYEE
(Attachment #10 - Director's Memo)
11. WATERFORD WATER FRANCHISE ORDINANCE
(Attachment #11 - Ordinance Draft)
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~
..
COUNCIL AGENDA
- 3 -
MAY 28, 1985
12. ATTORNEY"S REPORTS
A. Waterford Accident - Lawsuit
(Letter previously received)
Dated 5/8/85
B. Nephew Suit Report
C.
13. ENGINEER'S REPORT
A. Recommendation for Road Improvements
(Attachment #13a - Staff Memo)
B.
14. ADMINISTRATIVE REPORT
A. Hennepin Group Health Insurance Program
(Attachment #14a - Staff Memo)
B. Emergency Mutual Aid Request
(Attachment #14b - Staff Memo)
c. Payment Request - Thompson Plumbing
(Attachment #14c - Staff Memo)
D. West Hennepin Human Service Appointment
E.
15. MAYOR'S REPORT a~~~
A.
B. ~
16. COUNCIL REPORT sr
A.
B.
17. ADJOURNMENT AND APPROVAL OF CLAIMS
'..
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CITY OF SHOREWOOD
SPECIAL MEETING
MONDAY, MAY 6, 1985
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
7:30 P.M.
M I NUT E S
CALL TO ORDER
The special meeting of May 6, 1985 was opened at 7:37 P.M. by
Mayor Rascop for the purpose of reviewing the Waterford Project:
Development Contract, Water Service Agreement, and the Franchise
Agreement.
ROLL CALL
Present:
~~
Planner Nielsen began the meeting by reviewing, for the Council,
the changes that have been made since the previous draft was
presented.
Engineer Norton reviewed the traffic sign plan and added a right
hand turn lane and sign, to be located on south-bound Vine Hill
Road at Waterford Place. They also added a temporary baracade
with reflectors, to be placed north of the intersection of Old
Market Road and Waterford Place, until such time that Old Market
Road will continue North. In the future, this road will service
the multiple family and commercial areas, to include the installa-
tion of the new intersection at State Highway 7.
The Council questioned the proposed water system, regarding water
storage capacity, fire protection capabilities, elevation of tank
and capacity for service connections.
Gagne moved, seconded by Shaw, to accept the proposed water system
designed by Waterford Engineers, Schoell & Madson, proposing a
50,000 gallon overhead storage.
Motion carried - 4 Ayes - 1 Abstain (Stover).
Council discussed various methods of determining the amount of the
"Letter of Credit" to be supplied by the developer. Mason is not
in agreement with the present percentage in the agreement. Nielsen
felt further research of other cities policies should be looked at,
Council agreed. Nielsen will return with further information on
"Letter of Credit" requirements.
Setback variance within Exhibit F were reviewed. Council directed
the Development Agreement (as redrafted) and the Final Plat Approval
to be placed on the May 13th Council Agenda.
Mr. Mason has asked that the Building Inspector approve the issuance
of five individual building permits on this project.
Rascop moved, seconded by Gagne, to issue the five permits as approved
by the Building Inspector. Motion carried - 5 Ayes.
Iff
.
.
COUNCIL SPECIAL MEETING
- 2 -
MAY 6, 1985
FRANCHISE AGREEMENT ORDINANCE
Attorney Froberg indicated that he would like to issue a new sample
Franchise Ordinance at the May 13th Council Meeting. The Council
proceeded to review some additional changes regarding; $10,000 Perform-
ance Bond to insure coverage for repairs and water charge payments;
franchise term period of 10 years, water rates; liability single limit
coverage of $500,000; payments to the developer for oversizing costs,
if additional connections are made. Additional areas were reviewed.
WATER SERVICE AGREEMENT
Will be discussed when the agreement is returned from Minnetonka.
SIGN REQUEST
Mr. Mason would like to install development signs at this time.
His proposed signage does not comply with the present Sign Ordinance
regulations. Nielsen recommended he follow the current sign Ordinance
requirements until a new Ordinance can be drawn.
ASSISTANT PUBLIC WORKS DIRECTOR RESOLUTION NO. 24 - 85
Applications were received and interviews were held by the Council for
Assistant Public Works Director position.
uagne moved, seconded by Rascop, to appoint Howard Stark to the posi-
tion, subject to his approving by signing the listed duties as stated
within his job description, and his acceptance of the position.
Motion carried unanimously - 5 Ayes.
ADJOURNMENT
Haugen moved, seconded by Shaw, to adjourn the Special Meeting of
May 6, 1985 at 11:20 P.M.
Motion carried, 5 Ayes.
Respectfully submitted,
SANDRA L. KENNELLY, City Clerk
Mayor Rascop
.
.
.
CITY OF SHOREWOOD
REGULAR COUNCIL MEETING
MONDAY, MAY 13, 1985
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
7:30 P.M.
M I NUT E S
CALL TO ORDER
The regular meeting of the Shorewood City Council was called to
order by Mayor Rascop at 7:30 P.M., May 13, 1985 in the 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 Shaw, Stover, Gagne, and
Haugen.
Staff: Attorney Froberg, Engineer Norton, Planner Nielsen,
Administrator Vogt, and Clerk Kennelly.
APPROVAL OF MINUTES
Gagne moved, seconded by Stover, to approve the minutes of the
April 22, 1985 meeting as corrected in the official minutes book.
Motion carried - 5 Ayes.
MATTERS FROM THE FLOOR
DOCK INSTALLATION REQUEST
Alberta Olson of 25775 Birch Bluff Road was present to ask the
Council for permission to install a dock on the public access
at Eureka Road and Birch Bluff Road. Stover reported that the
Planning Commission was currently writing the rules for each
of the accesses and has recommended a dock use at that location.
Nielsen indicated that the new ordinance controlling those accesses
is not completed.
Haugen moved to hold the request until the ordinance has been
drafted. Gagne seconded for discussion.
Stover feels that the ordinance adoption procedure may take a
good portion of the summer and temporary permission to install
the dock may be in order, subject to removal if the new ordinance
dictates.
Shaw felt th~y are pre-determining the Planning Commission recom-
mendation.
Gagne felt that we promised a decision by this spring.
Nielsen can schedule a June 4th Public Hearing date for the
ordinance review.
Motion was denied - 1 Aye (Haugen) - 4 Nayes
\b
'REGULAR COUNCIL MEETI~
- 2 -
~ MAY 13, 1985
Shaw moved, seconded by Gagne to allow the installatioI). for this
year only, under the "grandfathering" clause, with cpmplian~e to .
the ordinance when adopted. I J. ,'/1 ~ ~ ~ ~ ".~
Motion carried - 5 Ayes t:/lf-I"V.. '.' .1\ I '.. J.. n .' ., '. /1 J () I, A .4:.',
. ~ ~c6~~ cLAn Uv-- ~rv' . 0 ~~
VARIANCE REQUEST - Marvin ~te ~tlJL ~ievl~f\:~~'
Attorney Jim McKinnon was present to clarify a request from Mr.
Boote for a building permit to add onto his home at 24340 Yellow-
stone Trail. Planner Nielsen indicated that the existing home is
a nonconforming structure so a variance is necessary. The Public
Hearing will be set for June 4, 1985 for his variance request.
SITE PLAN APPROVAL RESOLUTION NO. 25 - 85
ROBERT PIERCE - 5540 COUNTY ROAD 19
Nick Ruehl was present to explain the proposed new plan for the
construction of multiple dwellings to be located at 5540 County
Road 19. At this time, he is requesting to build one unit of the
proposed 4 unit plan.
Council asked questions on water supply, drainage plans, utility
sizing, easements for utilities, phasing of the project and time
table for completing and holding pond sizing. At this time, the
zoning allows for the requested building. He will be pursuing
the P.U.D. zoning for further development.
Gagne addressed the concern of what controls could be set under
the P.U.D. if this structure sets possible presidence for the
rest of the proposed project. The issue of separate ownership
of the units was also addressed. The Council then reviewed the
planner's recommendations needed for approval.
Haugen moved approval of the site plan for one 4 unit building
as requested, subject to planner's recommendation, dated May 5,
1985.
1. Site plan adjustment to comply with zoning requirement
for future buildings.
2. City Engineer to approve grading, drainage, utility plans,
sewer lateral extension; all to be at the developer's
expense.
3. Performance Bond or letter of credit at 150% of the
estimated costs of the improvements.
4. Attorney opinion of financial capability.
5. Parking and driveway areas should be paved and striped.
Rascop offered additional amendments:
6. Acquire easements necessary for sewer utilities.
7. No outside storage of anything other than occupants
vehicles.
Haugen and Stover accepted the amendment as offered, site plan
approval was granted by roll call vote - 5 Ayes. .
.
.
REGULAR COUNCIL MEETING
- 3 -
MAY 13, 1985
RESOLUTION NO. 26 - 85
7:45 PUBLIC HEARING SETBACK VARIANCE DENIAL
MICHAEL HALLEY - 24000 STRATFORD PLACE
Mayor Rascop opened the Public Hearing at 8:25 P.M. to hear a request
from Michael Halley for a 10' variance to create a 25' setback at
24000 Stratford Place.
Haugen moved, seconded by Gagne, to table until Mr. Halley or his
representative are present.
Haugen withdrew her motion to table due to Halley receiving proper
notice and audience attendance on this issue. Gagne accepted.
Mr. Kumme of 22035 Stratford Place asked for a clarification of the
request, Nielsen responded. Stover indicated that the Planning
Commission did not approve the variance, stating that a different
arrangement would eliminate the need for a variance.
Mrs. Plies, 23080 Stratford, and Mrs. Paris, 23000 Stratford, were
also in opposition to the granting of the variance. The Mayor
closed the public portion of the hearing after calling for further
comments, at 8:32 P.M.
Stover moved, seconded by Gagne, to accept the Planning Commission
recommendation to deny the request due to lack of hardship proven.
Motion carried by roll call vote - 5 Ayes.
8:00 PUBLIC HEARING - Handy Estate P.ESOLUTION NO. 27 - 85
SIMPLE SUBDIVISION AND LOT WIDTH VARIANCE
SUSAN BONTHIUS (HANDY ESTATE) 27190 EDGEWOOD ROAD
Mayor Rascop opened the Public Hearing at 8:33 P.M. to hear a request
from Nancy Schatzle, a guardian of the Handy Estate, for a simple sub-
division with a lot width variance.
Hearing no public comments, the public portion of the hearing was
closed at 8:35 P.M.
Nielsen reviewed the need for the variance on lot width due to the
configuration of the lagoon inlet. Attorney Froberg recommended to
grant the variance to the trustees of the Handy Estate as applicants
and personal representatives in accordance with the will.
Shaw moved, seconded by Haugen, to approve the simple subdivision and
grant the variance of 33' on the lot width, subject to providing 10'
drainage and utility easements and obtaining Minnehaha Creek Water-
shed District approval.
Motion carried by roll call vote - 5 Ayes.
PARK COMMISSION REPORT
Carol Butterfield, Park Commission member, indicated that the
Commission was continuing their study on Manor, Badger, and the
new park, to be located in the S.E. quadrant of the City.
.
.
REnUIAR COUNCIL MEEl'rnG
-4-
MAY 13, 1985
SUPPORT NEW LOCATION OF POLICE
DEPARTMENT FACILITY
RESOLUTION NO. 28 - 85
Alan Albrecht, Mayor of Greenwood, was present to enlist the support
of the Shorewood City Council in approving the Excelsior site (East
of McDonalds on State Highway 7) as the first selection for the new
location of the Joint Police Department building.
The Council discussed various subjects that may effect the current
police department Joint Powers Agreement:
1. Deephaven/Greenwood Merger
2. Change in the term of the Joint Powers Agreement.
3. Possible formula changes
4. Cost of Excelsior site and who will pay for and retain owner-
ship of the site.
5. Past and present police budgeting procedures.
6. Period of time to obtain control of the proposed site.
Shaw moved, seconded by Gagne, to endorse the site selection located
EAst of McDonalds on State Highway 7 in Excelsior at no costs to the
other cities in the Joint Powers Agreement and to obtain control of
the property within 180 days of this resolution and in accordance
with the proposed resolution hereby submitted to the City Council.
Motion approved by roll call vote - 4 Ayes, 1 Na~(HaUgen felt the
expense of the site was unfair to the Excelsior residents.)
B REA K
\~O - 9:35 P.M.
CONSENT AGENDA
CONTRACT APPROVAL
The contract for the use of the City fields were approved and
signed with Tonka Babe Ruth and South Tonka Little League.
VIDEO UPDATE SIGN APPROVAL
A request for signage in accordance with the Sign Ordinance was
approved for Video Update at 19455 State Highway 7.
SOUTHSHORE SENIOR CENTER ADVISORY BOARD APPOINTMENT
Mrs. Rosella Schmidt of 23975 Yellowstone Trail was appointed to
the South Shore Senior Center Advisory Board as a representative
for Shorewood.
Haugen moved, seconded by Rascop, to approve the items as listed
above. Motion carried - 5 Ayes.
.
.
REGULAR COUNCIL MEETING
- 5 -
MAY 13, 1985
SHOREWOOD VIDEO SIGN PERMIT
Mr. Kenneth Lund of Shorewood Video, in the Shorewood Shopping Center,
was present to make a request for a new permanent 2' x 10' canopy sign
and a 3' x 4' temporary sign, for a two week period, to advertise the
existence of the store.
Shaw moved, seconded by Gagne, to approve the permanent 2' x 10' canopy
sign and the temporary sign for a period of two weeks.
Motion carried - 5 Ayes.
GERRY HAYES VARIANCE CLARIFICATION
Planner Nielsen and Mr. Hayes informed the Council of some interior
changes made on hls previously granted variance request. These changes
do not alter the size of the expansion.
Shaw moved, seconded by Haugen, to approve ~he plan change.
Motion carried - 5 Ayes.
SILVER RIDGE FINP.L PLAN REVIEW
The Council reviewed the Silver Ridge Development Contract. Nielsen
and Froberg went through the changes that have heen made ~ince last
presented. Exhibits, final plat: building setbacks, and the inter-
section cf Old Market Road and CU'Tington Road were reviewed. FrobErg
went through the DrivewEY Declaration of Easement also.
Council tabled any further action until the next agenda, to obtain and
review all finalized materials.
WATERFORD FINAL PLAT APPROVAL
RESOLUTION NO. 29 -.85
Gagne moved, seconded by Stover, to adopt the Resolution submitted to
include an amendment within item #2 to read:
2. That the approval is specifically conditioned upon the
terms and conditions as contained in the Developer's
Agreement between the City of Shorewood and Trivesco,
dated the 12th day of May, 1985.
Resolution adopted by roll call vote - 5 Ayes.
WATERFORD DEVELOPMENT AGREEMENT
RESOLUTION NO. 30 - 85
Haugen moved, seconded by Stover, to accept the Waterford Development
Agreement as submitted.
Motion carried by roll call vote - 5 Ayes
WATERFORD REZONING
ORDINANCE NO. 165
Stover moved, seconded by Gagne, to waive the second reading and
adopt the ordinance, amending Ordinance #77, for the purpose of
rezoning the area identified as "Waterford" to a P.U.D.
Motion carried by roll call vote - 5 Ayes
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REGULAR COUNCIL MEETIID
- 6 -
MAY 13, 1985
WATER SERVICE AGREEMENT
RESOLUTION NO. 31 - 85
The Council reviewed the Water Service Agreement submitted by the
City of Minnetonka. Council reworded the last sentence in Item #10
to read:
"The letter of credit shall be issued to Shorewood and shall
be maintained for one year after the acceptance of the system."
Haugen moved acceptance, as corrected. Stover seconded. Haugen then
added amendment, "subject to review and agreement with the Minnetonka
ordinance." Stover accepted.
Water Service Agreement was approved by roll call vote - 5 Ayes.
WATER FRANCHISE ORDINANCE REVIEW
The ordinance was submitted for discussion. Mr. Mason felt that
further review with City Staff was necessary before returning for a
first reading of the ordinance.
Gagne moved, seconded by Rascop, to table and refer back to staff.
Motion carried, 5 Ayes.
STORM WATER ASSESSMENT POLICY
RESOLUTION NO. 32 - 85
Stover had questions about storm sewer district, as referred to in
the Comprehensive Storm Sewer Plan, "Would an entire district be
assessed if a project was done or reassessed if a second project was
done in the same district?" Engineer Norton indicate~ that only the
area needing the improvements would be done and reassessment could
only be done if it could be proven that additional benefit was de-
rived by that property.
Gagne moved, seconded by Haugen, to adopt the Storm Water Assessment
Policy omitting the "2nd alternative of the final paragraph."
Motion carried, 4 Ayes, 1 Naye, (Stover).
ATTORNEY'S REPORT
MINNETONKA COUNTRY CLUB/Steve Ramsey Letter
Froberg informed the Council of a letter received from Mr. Ramsey,
Haven Enterprises Inc. He is asking for a letter from Shorewood
assuring his investors that Shorewood will give them courtious con-
sideration in their request for rezoning for a multiple zoning use
for a portion of the Minnetonka Country Club property. They are in
the process of trying to purchase this property. Nielsen directed
them to apply for rezoning but felt the city is unable to make any
committments in writing.
PAUL AHRENS ADDED TO ATTORNEY'S STAFF
Attorney Froberg informed the Council of the addition of Paul Ahern
to the firm of Froberg & Penberthy. He will be instrumental in deal-
ing with the City's prosecutions.
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REGULAR COUNCIL MEETING
ENGINEER' J REPORTS
PROJECT NO. 84 - 5 PAYMENT VOUCHER #3
Engineer Norton recommended payment of Estimated Voucher #3,
Project No. 84-5, in the amount of $23,939.59 to Kenko Inc.
Shaw moved, seconded by Rascop, to approve for payment as
recommended.
Motion carried - 5 Ayes.
- 7 -
MAY 13, 1985
STREET REPAIR PROJECT
Engineer Norton will return with a list of streets for this year's
repairs. Zdrazil and Norton have prioritized the list and an esti-
mate of available funds have been submitted to them.
COUNCIL REPORTS
A.M.M. meeting being held on May 30th at the Sheraton Midway.
Haugen requested the Planner to obtain information on the Condi-
tional Use Permits issued to the Garden Patch and Howards Point
Marina.
Mike Fonte of the Well Study Committee has asked for direction of
the purpose of this Committee. Rascop stated that the purpose is
to determine what should be done with the existing wells - " in
the best interest of the City". Information should be obtained
on their own or through the Administrator.
A part-time Building Inspector may be needed to handle some plumb-
ing/heating etc. inspections, temporarily. This was a budgeted
item.
ADMINISTRATOR"S REPORT
PUBLIC WORKS DEPARTMENT RESIGNATION
Roger Day has submitted his resignation, to take another position.
Council discussed replacement or part-time replacement.
Rascop, Shaw, and Haugen feel no replacement is necessary and they
support a five man crew and Munitech. /
Gagne and Stover support a 6 man crew and Munitech.
No replacement will be added at this time.
Budget amendment should be adjusted to reflect a 5 man crew and
return to Council.
APPROVAL OF CLAIMS AND ADJOURNMENT
Haugen moved, seconded by Rascop, to adjourn the Regular Council meet-
ing of May 13, 1985 at 12:35 A.M., May 14th, subject to the approval
of claims for payment. Motion carried - 5 Ayes.
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HEGULAR COUNCIL MEETING
- 8 -
MAY 13, 1985
General Fund - Acct #00166-02
Liquor Fund - Acct #00174-02
Checks 30435 - 30513
Checks 3373 - 3418
Respectfully submitted,
Sandra L. Kennelly
City Clerk
Mayor Rascop
CHECK NO.
30435
30436
30437
30438
30439
30440
30441
30442
30443
30444
30445
30446
30447
30448
30449
30450
30451
30452
30453
30454
30455
30456
30457
30458
30459
30460
30461
30462
30463
30464
30465
30466
30467
30468
30469
30470
30471
30472
30473
30474
30475
30476
30477
30478
30479
30480
30481
30482
30483
30484
30485
30486
30487
30488
30489
30490
30491
~."''''',
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GENER4IIrUND - BILLS PAID SINCE MAY 1~85
TO WHOM PAID PURPOSE
State Treasurer
Ev Beck
Roberta Dybvik
Dennis Johnson
Susan Niccum
Brad Nielsen
Dan Randall
Patricia Ray
Howard Stark
Dan Vogt
Ralph Wehle
Don Zdrazil
State Treasurer
Robert Rascop
Tad Shaw
Kristi Stover
Jan Haugen
Bbb Gagne
Surplus Property Fund membership
Salary
"
"
"
"
"
"
"
"
"
"
Renew Certif. Wastewater Operator
Mayor's Salary
Council Salary
" "
" "
" "
VOID
May 9 payroll - FWH
" " " SWH
" " " PERA
Mtka. State Bank
Mn. Opt. of Revenue
State Treasurer
ASCME Local
State Treasurer
Mid-Central Fire Inc
Will's Electric Service
Donovan Construction Co
May Union Dues
May 9 payroll - FICA
Yz cost of Ci vi! Defense Siren
" " " " "
" " " " "
Albinson
Earl F. Andersen Assoc
Associated Asphalt
Chaska Parts Service
Chemsearch
Bill Clark Oil
D.R. Copier
Mary Dalton
Driskill's Super Valu
Elk River Concrete
Glenn Froberg
Flowers by Helen
Hance Hardware
Jim Hatch Sales
Henn. Co. Public Service
Henn. Co. Gen. Acct.
Itasca Equip.
Tonka Ford (Jordan Ford)
City of Little Falls
Leef Bros
Midwest Asphalt
Minnegasco
State of Mn. Transport.
Moore Sign Co.
Wm Mueller & Sons
Munitech
Natl. City Bank Mpls
Northern State Power
Northwestern Bell
VOID
Planning & Park expenses
Street sign
Road mix
Truck parts/shop supplies
Shop supplies
Fuel Oil purchase
Copy machine supplies
Clean City Hall
Feb. Skating Party supplies
Cathcart Park Fire Ring
Legal fees
Flowers for Park Comm Member
Shop/City Hall supplies
Truck parts
Rental of Brush chipper/Spr. Clean
B & R Shorewood Prisoners
Truck parts
Truck part
Utility Bills samples
Rug & laundry service
Crushed rock-stockpile
Utili ties
March '85 Relamping
Letter trucks
Road patch for Chaska Rd
Water/Sewer System Maint.
Sewer Imp. Bond of 12/1/71 Int.
City electric utilities
City Hall/Garage communication
AMOUNT
$
30.00
750.95
436.49
598.91
388. 16
702.55
592.43
440.93
568.01
802.13
550. 15
749.23
15.00
150.00
100.00
100.00
100.00
100.00
-0-
1,493.00
844.00
1,003.26
41.22
1,714.66
5,582.50
282.42
122.50
-0-
5.68
16.79
766.26
165.49
212.17
1,035.98
35.00
52.50
28.69
53.95
3,592.00
18.40
132.79
298.57
60.00
2,317.00
275.31
6.26
3.75
177.70
40.11
386 . 71
51.74
30.00
332.59
3,625.00
4,337.50
765.72
337.06
CHECK NO.
30492
30493
30494
30495
30496
30497
30498
30499
30500
30501
30502
30503
30504
30505
30506
30507
30508
30509
30510
30511
30512
30513
.
General Fund ~ll Paid Since May 13, 1985
Page 2
PURPOSE AMOUNT
TO WHOM PAID
Red Wing Mobile
Reynolds Welding
Shorewood Tree Service
Suburban Tire Inc
Tele-Terminals
Tonka Printing
Tonka Auto
Victoria Repair & Mfg.
Village Sanitation
Warner Hardware
Weekly News Inc
White Bear Animal Control
Kenko, Inc
City of Excelsior
City of Minnetonka
Ev Beck
Mti Distributing
Norwest Bank Mpls
League of Mn Cities
Acorn Service
Dan Vogt
City of Little Falls
Repair Tires
Oxygen supply contract
Hauling wood & debris
Truck maint.
Utility billing software/supp.
Stationery
Truck parts
Repair Crescent Beach raft
Service for April
Cathcart paint supplies
Legal notices
April '85 Animal patrol
Const. Pymt Voucher #3
1st Qtr '85 Water purchase
"
"
"
"
"
Mileage
Utility tractor
Swr Imp Bond 6/1/72 IntjPrin
'85 LMC Annual Conference
Copy machine paper
Mileage/Room @ MCMA Conf.
Utility bill samples
TOTAL
Approved by
Shorewood Village COiUlcil
AMOUNT'
DAT8
11. 00
146.35
300.00
242.55
2,177.53
51.00
118.81
95.00
69.00
42.54
65.68
376.01
23,939.59
1,095.09
582.63
83.62
4,307.00
158,475.20
50.00
127.00
178.89
5.00
$229,958.71
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CHECK NO.
3373
3374
3375
3376
3377
3378
3379
3380
3381
3382
3383
3384
3385
3386
3387
3388
3389
3390
3391
3392
3393
3394
3395
3396
3397
3398
3399
3400
3401
3402
3403
3404
3405
3406
3407
3408
3409
3410
3411
3412
3413
3414
3415
3416
3417
3418
LIQU4IIrUND - BILLS PAID SINCE MAY 13411P85
TO WHOM PAID PURPOSE
Susan Culver
Russell Marron
Bob Nash
Don Tharalson
Stephen Thies
John Josephson
Bill Josephson
Susan Latterner
Steve Maeger
Chris Meyer
Stewart Peterson
Dean Young
Russell Marron
State Treasurer
Mtka State Bank
Mn. Dept of Revenue
State Treasurer
Northern State Power
Village Sanitation
Day Distributing
East Side Beverage
Nelson Enterprises
Quality Wine & Spirits
Pepsi Cola Bottling
G & K Services
Minn. Bar Supply
Ed Phillips & Sons
Twin City Wine
Johnson Bros Wholesale
Incercontinental Packaging
Griggs, Cooper & Co
Mark VII
Prior Wine Co
Coca-Cola Bottling
BellBoy Corp
City of Shorewood
Tonka Printing
Commissioner of Revenue
Butch's Bay supply
Johnson Bros. Wholesale
Twin City Wine
Eagle Wine Co
Quality Wine & Spi
Griggs, Cooper & C
Prior Wine Co
Ed Phillips & Sons
Salary
"
"
"
"
"
"
"
"
"
"
"
Mileage
May 9 payroll - FICA
"" " - FWH
"" " - SWH
"" " - PERA
Electric utilities
Service for April
April Beer purchase
"
"
"
April shipping chgs
Liquor & Wine purchase
April Pop purchase
Rug cleaning
Misc purchase
Liquor & Wine
Wine
Wine
Wine
Liquor
Beer
Wine
Pop
Liquor
Jan & Feb. Liquor
Stationtery
April Sales Tax
Misc purchase
Wine
Wine
Liquor & Wine
~ne.......
St. Bkkping
Ipp.1JlI
Shorewood V_ COilJlCil
AMOUNT'
TOTAL
DATil:
AMOUNT
94.25
429.70
113 . 00
125.50
126.75
123.00
464.46
155.00
230.85
151. 50
72.25
382.50
20.90
201.80
230.00
125.00
118.08
303.88
41.50
2,155.35
4,064.30
152.00
2,451.23
398.55
36.20
229.60
540.86
213.37
352.83
452.26
1,970.57
827.70
255.33
166.05
299.10
1,060.07
69.00
4,945.72
31.00
327.13
177.01
274.66
1,208.69
2,525.09
322.85
567.07
29,583.51
..
...
CITY OF
SHOREWOOD
MAYOR
Robert Rascop
COUNCI L
Jan Haugen
Tad Shaw
Kristi Stover
Robert Gagne
ADMINISTRATOR
Daniel J. Vagt
5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 . (612) 474-3236
MEMORANDUM
TO:
MAYOR AND CITY COUNCIL
FROM:
SUE NICCUM
DATE:
MAY 23, 1985
RE:
PLANNING COMMISSION MEETING OF TUESDAY, MAY 21, 1985
Due to a short time between meetings, the minutes of Tuesday, May 21, 1985
are not completed. The motions and other comments are included in this
memo.
OUR SAVIOUR'S LUTHERAN CHURCH - 23290 STATE HIGHWAY 7
REZONING AND CONDITIONAL USE PERMIT
MOTION
Spellman moved, Watten seconded, to recommend to Council to approve the
rezoning and conditional use permit for Our Saviour's Lutheran Church
contingent upon the five (5) Planner's recommendations and the five (5)
Engineer's recommendations (see Council packet attachments #5a and #5b).
Motion carried unanimously.
Reverend Steurnagel questioned Planner's recommendation #2 (Signage to
be brought into compliance). He said they have three separate functions:
1. church services
2. day care
3. day schoo 1
Commission suggested treating signage as a separate issue at a later
date, to prevent holding up present request.
Pam Honzl of 6065 Glencoe Road appeared to state that there is a legal
boundary dispute going on between themselves and the church, with two
separate surveys varying up to approximately 20 feet. Planner Nielsen
said ~his would not affect the present request, as the setback is
sufficient either way.
-_........~
(/3
~~)
A Residential Community on Lake Minnetonka's South Shore
MEMO
PLANNING COMMISSION MEETING OF MAY 21, 1985
page two
Commissioner Reese asked about drainage. Planner Nielsen said the City
Engineer recommends 12" pipe under the parking lot. They plan to d~ain
into the ditch along Highway 7 and will need MNDOT approval for this.
Planner Nielsen also mentioned, for informational purposes, that the
Exc~lsior water line has been extended to cover the church which will
allow them to sprinkle the building.
G & R CONSTRUCTION - 5580 COUNTY ROAD 19
REZONING AND CONDITIONAL USE PERMIT
MOTION
Reese moved, Schultz seconded, to recommend to Council that they approve
the rezoning and conditional use permit for G & R Construction contingent
upon the Planner's six (6) recommendations (see Council packet attachment
#6). Motion carried unanimously.
Gary Lindgren discussed #4 in the Planner's Report. He felt if he was
required to put curbing in, he would have a drainage problem.
Commission explained curbing was required for 2 reasons; 1. drainage
control and 2. to define the parking area and protect landscaping.
They discussed splits in the curbing to provide drainage. Planner Nielsen
said the City Engineer will review the drainage plan.
PROPOSED ZONING ORDINANCE
MOTION #1 (see Council packet attachment #7-Planner's Report-5/21/85)
Schultz moved, Watten seconded, that pursuant to Minnesota statutes Sec-
tion 462.355 Subd. 4 the Shorewood Planning Commission recommends that
the City Council adopt the new Zoning Ordinance dated April 1985 on an
interim basis for a period of six months, in which time the following
issues shall be resolved:
Items 3, 4, 5, 6, 7, 8, and 9; also adding "10. Lakeshore setback de-
cision - 50' vs. 75'" to this list;
Items 1 and 2 - that the R-ID District be expanded to include the north-
east quadrant of Glencoe Road and Academy Avenue and the southeast quad-
rant of Glencoe Road and Academy Avenue, making Glencoe Road the western
boundary of the R-1D District;
Item 8 - that a moratorium be placed on "enclosed marine and boat sales"
until the Ordinance has been officially adopted.
Motion carried by Roll Call vote - 5 - 0 -Leslie, Reese, Watten, Spellman
and Schultz.
~
MEMO
PLANNING COMMISSION MEETING OF MAY 21, 1985
page three
MOTION #2
Reese moved, Schultz seconded, to keep the public hearing record open
until May 28, 1985, to allow additional written comments on the new
Zoning Ordinance. Motion carried unanimously.
The Planning Commission requested that the City Attorney clarify whether
the list of eight items to be studied in the six month period could be
expanded or if further discussion is limited to the eight items.
William F. Kelley was present to ask questions on 200.06 _ P.U.D.
Planner Nielsen will discuss this item at your meeting.
cc: Dan Vogt
Brad Nielsen
Glen Froberg
.
MEMORANDUM
TO:
FROM:
DATE:
RE:
FILE NO.
BACKGROUND
.
.
MAYOR
Robert Rascop
COUNCIL
Jan Haugen
Tad Shaw
Kristi Stover
Robert Gagne
ADMINISTRATOR
Daniel J. Vogt
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 . (612) 474-3236
PLANNING COMMISSION, MAYOR AND CITY COUNCIL
BRAD NIELSEN
17 MAY 1985
OUR SAVIOUR'S LUTHERAN CHURCH - C.U.P. FOR CLASSROOM ADDITION
405 (85.09)
As you may recall, last spring the City approved a conditional use permit
(C.U.P.) for Our Saviour's Lutheran Church to conduct elementary education
in their facility located at 23920 State Highway 7 (see Site Location
map - Exhibit A). At that time they expressed their future intention
of adding a classroom addition to the west side of the church building.
Plans have now been submitted for that addition and they have requested
a new conditional use permit to start construction.
The property in question contains 6.69 acres and is located within the
R-2 district. The proposed addition is two stories high with a full base-
ment below. The upper two levels are proposed as classroom space with
the basement left unfinished. Gross floor area of the new addition is
approximately 20,857 square feet. According to the applicant's architect,
site coverage is as follows:
existing building: 9,134 square feet
proposed building: 6,700 square feet
total building: 15,864 square feet ( 5 . 21'0 0 f site)
paved area: 61,915 square feet (20.3% of site)
total site area: 6.69 acres
A Residential Community on Lake Minnetonka's South Shore
SoJ
PLANNER'S MEMO ~
OUR SAVIOUR'S LUTHERAN CHURCH
17 MAY 1985
page two
~
ISSUES AND ANALYSIS
Section 7 Subd. 2A 3. (a) of the current Zoning Ordinance allows religious
institutions as a conditional use subject to the following:
"...provided there is a minimum site of seven acres, the site is adjacent
to a street with vehicular traffic of over 2000 vehicles per day, and
that the site further is adjacent to a commercial district."
While the church does not comply with two of these requirements, there
is some question as to the reasonableness of those requirements. It is
understandable that the City would want ample space to accommodate a
church. Presumably, the City and the church would want to provide ample
room for parking, future expansion, etc. However, if these activities
can be provided for, as is the case with the subject property, and still
comply with setback requirements and provide open space on the site, it
may suggest that the requirement may be overly restrictive. This is illus-
trated somewhat by the applicant's site plan (see Exhibit B, attached).
Only one-half of the site is being used by the existing and proposed
buildings and parking area (not including the area shown as future expan-
sion). Finally, only one of four churches in Shorewood comply with the
seven acre area requirement. Given these circumstances, plus the fact
that the church already exists, the .31 acre variance should not be an
issue.
With regard to the site being adjacent to a commercial district, none
of the churches in Shorewood, comply with this requirement. Since the
Ordinance already requires proximity to a major street, this requirement
is viewed as unnecessary.
With only a couple of exceptions, the proposed plans comply with Shorewood
zoning standards. Building height, lot width, lot depth, allowable percent-
age of lot coverage and setbacks all comply with both the requirements
of the existing and proposed zoning ordinances. Parking and signage,
however, are issues which need to be addressed.
The site plan shows 130 parking spaces including the 33 spaces in front
which do not comply with the 25 foot setback requirement for parking areas.
In addition to the 33 nonconforming spaces in front, the parking area to
the east is not wide enough to properly accommodate the spaces shown.
It should be redesigned to show parking stalls 20 feet long (outside stalls
may be 18 feet long) and aisles should be at least 22 feet wide. The
number of spaces is also considered to be inadequate. Based upon the
number of classrooms and the activity areas within the facility, a minimum
of 189 spaces should be required if the new classrooms are not used during
worship services. If they are used simultaneously 205 spaces should be
required. Some additional spaces could be achieved by reducing stall
PLANNER'S MEMO
OUR SAVIOUR'S LUTHERAN
17 MAY 1985
page three
.
.
CHURCH
widths to nine feet instead of 10, resulting in six additional spaces.
Approximately 18 additional spaces could also be created along the east
side of the easterly parking area. Even with these additional parking
spaces, it appears that the lot will have to be enlarged to the north.
It is also recommended that islands be constructed at the ends of parking
rows to better define the circulation pattern. The parking areas should
also be striped.
The church's existing signage exceeds the City's zoning requirement.
The City allows one sign, no more than 20 square feet in area. The Church
now has two freestanding signs which exceed the area requirement by at
least double. Unless the Planning Commission proposes to change the re-
quirement, the signage should be brought into conformity.
In a letter dated 6 May, the City Engineer addresses a number of engineering
concerns, the most significant of which appears to be the length of the
proposed right-turn lane on westbound Highway 7. Since this is being
undertaken by MNDOT, the applicant should work with them to resolve the
issue. MNDOT approval will also be required for the proposed westerly
driveway.
RECOMMENDATION
Based upon the preceding analysis it is suggested that the Planning
Commission recommend approval of the conditional use permit for the class-
room addition subject to the following conditions:
1. The parking area should be redesigned and enlarged to comply with
space and setback requirements of the Shorewood Zoning Ordinance.
2.
Signage should be brought into compliance with Shorewood Zoning
Ordinance. 6tv~. b~(/l/.1)d~.r/o O-~)y..y;i~~~ q V'-~
Grading, drainag~fnd'uti?aese-~hdttdbPS~bject to the review
and comments of the City Engineer.
--..
3.
4. Construction of the westerly driveway requires approval and a permit
from MNDOT.
5. This approval does not include the future expansion shown on the
site plan. Future expansion will be subject to the conditional
use permit process.
cc: Dan Vogt
Glenn Froberg
Jim Norton
Sue Niccum
Reverend David Steuernagel
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EXHIBIT A
SITE LOCATION
Our Saviour's
Lutheran Church
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ORR.SCHElEN. MAYERON & ASSOCIATES, INC.
()/fr;U:j
,-.-c/5
May 6, 1985
City of Shorewood
5755 Country Club Road
Shorewood, MN 55331
Attn: Mr. Brad Nielsen, City Planner
& Shorewood Planning Commission
Re: Preliminary Plan Approval
Our Savior Lutheran Church Addition
Dear Mr. Nielsen & Commissioners:
We have reviewed the information submitted for the preliminary plan approval for
Our Savior Lutheran Church property and have the following comments.
1. Gradi ng
There is only iTIinimal grading required for the building addition. The land in
back of the proposed building addition goes up at quite a steep rate. The pro-
posed elevations at the back of the proposed addition at about the mid-point
split and slope east and west along the north side of the building. The rest of
the property slopes to S. T .H. 7. Therefore, the drainage should not pocket
anywhere and should eventually get to the ditch on the north side of S.T.H. 7.
2. Drainage
According to the Comprehensive Storm Sewer Plan, the proposed storm sewers should
be a little larger as there are roughly 2 acres behind the building that drain to
the proposed storm sewer. The minimum pipe size should be 12". Also, there
should be a depression for the two catch basins on the east side of the parking
lot to accept the drainage from the parking lot.
They wi 11 need to get a permit from Mn/DOT to outl et the proposed storm sewer in
the north ditch of S.T.H. 7.
3. Sanitary Sewer
The sanitary sewer is located on the north side of S. T.H. 7 as shown except the
manhol e 1 ocat i on shown in front of the proposed addition appears to be wrong.
Manhole 15-11 shold be 344.1' west of Manhole 15-10. The invert elevation shown
is OK.
~b
~ .
Date: May 23, 1985
TO: Shorewood City Council
The Evangelical Lutheran
Church of Our Savior
THE LUTHERAN CHURCH - MISSOURI SYNOD
23290 HIGHWAY SEVEN. EXCELSIOR. MINNESOTA 55331
Phones: 474-5181 or 474-0273
Parsonage 474-8561
FRDM: Rev. David A. Steuernagel
Pastor of The Lutheran Church of Our Savior
23290 Hwy. 7, Shorewood, MN
SUBJECT: Signage Ordinance
On Tuesday, May 21, 1985 the Planning commission recommended to City Council
adoption of the new zoning ordinances on an interim basis. Included in that
recommendation was a list of eight items that should receive additional
discussion and open hearings. I am requesting that the section dealing with
signage be also added to that list for additional discussion and hearings.
There are two parts of the signage ordinance which cause
maximum size of 20 sq. ft. and only one sign permitted.
currently has two signs, one of which exceeds the 20 sq.
us hardship: the
OUr Savior Church
ft. requirement.
The need we feel for more signage than the ordinance permits sterns from the
fact that Our Savior Church not only carries on the normal functions of a
church (worship, education classes, group meetings, etc.) but also conducts
a nursery-day care operation and an elementary Christian day school. We
strongly feel the need to inform the many motorists on Highway 7 that these
major programs are also available at Our Savior Church. It seems to us that
a church which provides other major programs, besides those typically asso-
ciated with a church, should have the opportunity to inform the community by
means of sufficient size signs on their own property.
A second reason for our request is that our smaller sign, located near our
existing building, was erected in memory of one of the fore-fathers of our
church. The living relatives of this man and the older members of our church,
whose memorial contributions helped make possible this sign, would be dis-
turbed greatly at even tbe suggestion of removing this sign. However, the
distance this sign sets back from the road makes any information on it barely
readable from a passing vehicle.
A third factor for consideration of our request sterns from a comparison of
ordinances in neighboring cities regarding signage.
1. Excelsior permits 90 sq. ft. of sign surface area to businesses on
Highway 7. It does not limit the number of signs, as long as total
area does not exceed 90 sq. ft.
. ~
May 23, 1985
Shorewood City Council
Page 2
2. Tonka Bay permits 24 sq. ft. and does not identify the number of signs
permitted.
3. Minnetrista permits 24 sq. ft. and one sign only. It recently granted
variance for a 40 sq. ft. sign erected by Mound-Tonka school system
because of the numerous functions carried on there.
4. Deephaven's ordinance calls for all signage to be granted by special
use permit. Their practice shows:
a. Grace Lutheran Church - two signs
b. st. Theresa Catholic Church - two signs, plus lawn sign, plus
temporary sign.
In comparison to these neighboring cities, the ordinance of Shorewood
permitting one sign not to exceed 20 sq. ft. seems more stringent than
what other communities have established.
We therefore request that the signage section of the new ordinances be added
to the list of items to receive additional discussion and public hearings.
gt
,.
.
.
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:
16 MAY 1985
RE:
G & R CONSTRUCTION - REZO~ING AND CONDITIONAL USE PERMIT (C.U.P.)
FILE NO.
405 (85.12)
BACKGROUND
Mr. Gary M. Lindgren, President of G & R Construction, Inc. has requested
approval of a rezoning and conditional use permit to convert the existing
single-family dwelling located at 5580 County Road 19 (see Site Location
and Zoning map - Exhibit A, attached) into an office building. The property
is currently zoned R-4, Multiple-Family Residence District. The applicant
has requested that the zoning be changed to R-C, Residential Commercial
District.
As can be seen on Exhibit A, existing zoning and land use surroun9ing
the subject property are as follows:
North and West:
R-4, recently approved four multiple-family residential
units (Robert Pierce) possibility of 14 additional
future units
East:
zoned commercial, Minnetonka Plaza Shopping Center
in Tonka Bay
South:
C-3, concept approval granted for a P.U.D. consisting
of 39 condominium units and small office building
(This project is being restarted by a new developer
and is scheduled for review at the 4 June Planning
Commission meeting)
A Residential Communitv on Lake Minnetonka's South Shore
to
"
PLANNER'S MEMO .
G & R CONSTRUCTION
16 MAY 1985
page two
.
The applicant has submitted the following items relative to his request:
Exhibit B - Applicant's request letter
Exhibit C - Proposed site plan
Exhibit D - Main floor plan
Exhibit E - Second floor plan
Exhibit F - Garage floor plan
Exhibit G - Proposed garage front elevation
Exhibit H Proposed sign
ISSUES AND ANALYSIS
Land Use/Zoning
The property in question has been the subject of considerable discussion
regarding appropriate use for the site. As you may recall, the Planning
Commission recommended approval of a request for rezoning and a conditional
use permit to operate a motor home rental business (Jumar Motorhome Rental)
in the spring of 1984. The request was withdrawn by the applicant, however,
before the City Council could act on it. Financial considerations were
cited as the reason for withdrawing the request at that time.
While the existing residence is a permitted use in the R-4 ditrict, there
is some question as to the appropriateness of a single-family dwelling
in an area zoned for multiple-family dwellings. The new Zoning Ordinance
doesn't even allow single-family homes in the multiple-family districts.
The proposed separation of such uses is supported by the fact that the
owner of the property in question has had little or no interest in the
property as a single-family residence in over a year.
The site is also too small (approximately 44,900 square feet) to make
good use of its R-4 zoning. The R-4 district requires a minimum site
size of 2.5 acres to build anything more than a two-family dwelling.
Rezoning the property to R-C is considered reasonable as it would provide
some transition between the proposed multiple-family dwellings to the
west and the commercial development to the east. If the proposed condo-
miniums to the south are not approved, the transition concept would also
apply to possible commercial development on that site. It should be noted
that due to the limited number of permitted uses in the R-C district,
the request could be considered a "down zoning", similar to the rezoning
of the Spectronix property north of Glen Road.
Conditional Use Permit.
One of the problems experienced by the owner in marketing the property
is that the existing home is too good to be torn down or moved. The house
does appear to lend itself to conversion to office space quite well.
In this regard, necessary remodeling is kept to a minimum.
The applicant proposes to take advantage of existing vegetation and site
landscaping. Additional landscaping is proposed at the driveway entrance.
The proposed sign complies with the requirements of the R-C district.
..
.
.
PLANNER'S MEMO
G & R CONSTRUCTION
16 MAY 1985
page three
The site plan proposes eighteeen parking spaces to serve the office build-
ing. Calculated on the basis of one space per 200 square feet of floor
area, the office requires only 15 spaces. While the number of spaces
is considered more than adequate, the applicant may wish to increase the
width of the driveway to 25 feet and maintain a consistent overall parking
lot width of 65-70 feet. This would provide better symmetry to the park-
ing lot and allow for easier definition of parking stalls. While drainage
is not anticipated to be a problem due to the size of the site, approval
of the C.U.P. should be subject to the City Engineer's review and approval.
Consistent with a proposed provision in the new Zoning Ordinance, the
City may wish to require perimeter curbing around the parking and driveway
areas.
As a final note, the existing Zoning Ordinance contains a discrepancy
regarding setback requirements in the R-C District. While it requires
a 40 foot rear yard setback, it requires only 25 feet adjacent to an "R"
district. The existing building is approximately 28 feet from the rear
lot line. While this may technically require a variance, the issue is
considered minor since the building already exists and its appearance
from the rear will remain unchanged. Also the existing vegetation pro-
vides some screening from the proposed multiple-family dwellings to the
west.
RECOHMENDATION
Based upon the preceding analysis, the rezoning and conditional use permit
are considered reasonable requests. it is therefore suggested that the
Planning Commission recommend approval subject to the following:
1. Any future expansion of the office building must comply with Shorewood's
setback requirements (including the 40 foot rear yard).
2. Hours of operation are limited to between 8:00 a.m. and 9:00 p.m.
3. The driveway and parking area should be redesigned to maintain widths
of 25 feet and 65-70 feet respectively. The access drive requires
approval by the Hennepin County Department of Transportation.
4. The City should consider requiring perimeter curbing around the parking
area and driveway.
5. Site drainage should be subject to review and approval by the City
Engineer.
6. Existing and proposed landscaping shall be maintained.
cc: Dan Vogt
Jim Norton
Glenn Froberg
Sue Niccum
Gary Lindgren
Angie Koenig
.
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\~. EXHIBIT A
~ SITE LOCATION AND ZONING
~ G & R Rezoning and C.D.P.
fffiIl
400' 0 400
I
1000'
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2000'
112MI.
J
2640'
v:
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PREPARED BY:
SEPT. 1982
.
NORTHWEST ASSOCIATED CONSULTANTS INC.
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HOMES SOLD BY OWNER, INC.
.
14633 BEACON CIRCLE. MINNETONKA. MN 55345
612-936-9483
April 5, 1985
City of Shorewood
5755 Country Club Road
Shorewood, MN 55331
RE: 5580 Cty. Rd. 19, Shorewood
An offer to purchase the property located at 5580 Cty. Rd.
19 from Mr. and Mrs. Jim Borchart by G and R Construction has
been made. The purchase agreement is subject to the re-zoning
of the property to a commercial use. The purpose for purchasing
the property is to change the existing structure into an office
building. The maximum number of offices would be between eight
and ten, depending on the lessee's needs.
Main House Interior
There will be no structural changes to the main house with
the exception of closing an archway between the current living
room and dining room, and a wall and door next to the current
stairway to separate the front office from the entry. First and
second floor-floor plans are attached indicating changes. Re-
decorating of the main house will include paint, wallpaper, and
carpet to make it more suitable for office use.
Existing Garage
This structure will be finished inside to add two additional
office suites with two rooms to each space. ~~~-t-~). The
front of the garage kRxhibit B) will be enclosed, and suitable
doors and windows will be installed to blend in with the main house.
A brick planter will be added to the front with green plantings.
Use of the Yard
Parking Lot, Landscape, Pool area: The existing driveway
will be resurfaced along with an additional 18 car parking area
to be added. The lot will be asphalted and striped. (Exhihit-A+.
Two raised landscape plantings will be located next to the new
parking area which will be visible from Cty. Rd. 19. All other
trees, landscape and cover will remain the same. All the
boundries of the property are so heavily wooded that it will
create its own natural break from the residential properties
adjoining. The pool will be fenced and screened as per city code.
EXHIBIT B-1
COMPLETE REAL ESTATE SERVICE. . . PROPERTY M APPLICANT I S REQUEST LETTER
.'
.
- 2 -
.
5580 Cty. Rd. 19
Material such as cedar will be used that is similar to the existing
fence. (Exhibit A). A land-use drawing of the site is attached.
(ExhiBit B).
Signing
A wood identification sign would be installed close to the
existing entrance. (Exhibit h). A 20 square foot sign should
adequately identify the building and its tenants. An all wood
sign would be used with spaces allocated for each business name.
The business identification names will be on individual boards
attached to the base sign to allow for any change in tenants.
(Exhi'hit IS").
Variance
We are aware that the existing garage is not within the
the legal setbacks required. Because this is an existing structure
we are requesting a variance for the proposed use.
The location and the floor plan of this property make it an
ideal office situation for an accountant, attorney, factory rep
or similar type of business. We are planning to include a
secretarial service in the building to service the tenants,and
a real estate property management company is proposed for one of
the offices. The aesthetic appeal and the improvements planned,
make it a very desirable office space for the tenants. We are
requesting a RC zoning for the purpose of an office building use.
The closing date of the purchase agreement is June 1, 1985,
so your immediate consideration of the rezoning is important.
We appreciate your consideration. Should you have any
questions or need any additional information, please contact:
Gary M. Lindgren
G and R Construction, Inc.
14633 Beacon Circle
Minnetonka, MN 55345
(612) 936-9483
.0
R. Construction, Inc.
Sincerely,
:t~:'::;:~;:::~:n t
HOMES SOLD BY OWNER, INC.
3030 Harbor Lane, Suite 100
Plymouth, MN 55441
(612) 553-0459
AK: cj.P
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tf-?J. - MAIN FLOOR PLAN
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SECOND FLOOR PLAN
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GARAGE FLOOR PLAN
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PROPOSED GARAGE FRONT ELEVATION
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SHOREWOOD BUILDING
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PROPOSED SIGN
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.
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236
MAYOR
Robert Rascop
COUNCIL
Jan Haugen
Tad Shaw
Kristi Stover
Robert Gagne
ADMINISTRATOR
Daniel J. Vagt
MEMORANDUM
TO:
PLANNING COMMISSION
FROM:
BRAD NIELSEN
DATE:
21 MAY 1985
RE:
ZONING ORDINANCE ADOPTION
FILE NO.
405 (GENERAL)
As you are aware a public meeting was held on 29 April to discuss the new
Zoning Ordinance. At and subsequent to that meeting we have received comments
from Shorewood residents relative to the new Ordinance. Also, there are
at least three issues which potentially deserve further special attention.
Following is a list of items which require special attention:
1. White/Samuelson. A letter dated 24 April 1985 (sent out earlier to
the Planning Commission) requests that the R-1D district be extended
to include property located in the northeast quadrant of Glencoe Road
and Academy Avenue.
2. Robins. A letter dated 10 May 1985 (also sent earlier) requests similar
extension of the R-1D district to include the southeast quadrant of
Glencoe Road and Academy Avenue.
3. Shady Island. We have just received a petition form 19 residents of
Shady Island to zone Shady Island R-1B rather than R-1C. (the petition
is attached as Exhibit A).
4& Planned. Unit Development by C.U.P. The new Ordinance should contain
a provision allowing cluster housing by conditional use permit. The
provisions would be the same as the current P.U.D. provisions but would
not require rezoning.
A Residential Community on Lake Minnetonka's South Shore
7
^,
.
.
PLANNER'S MEMO
ZONING ORDINANCE ADOPTION
TUESDAY, 21 MAY 1985
5. Fire Lanes. A separate public hearing to discuss provisions pertain-
ing to the use of fire lanes is scheduled for the 4 June Planning
Commission meeting. Presumably, these provisions will be incorporated
into the new Ordinance.
6. Boat Docks. A letter dated 22 April (sent out earlier) requests
changes to boat docking provisions.
7. Expansion of Nonconforming Structures. Three requests scheduled for
the 4 June meeting suggest that possibly some of these requests should
be handled on an administrative basis rather than by variance or con-
ditional use permit.
8. C-4 District. Two neighbors of the Minnetonka Portable Dredging Com-
pany object to allowing boat and marine sales in the C-4 district,
fearing that boat traffic on Gideon's Bay would ultimately increase.
9. Storage of Recreational Vehicles. Sample ordinances attached have
been provided relative to the storage or parking of recreational
vehicles on residential lots (see Exhibit B).
While it is anticipated that the first three items could easily be resolved
tonight, the latter five items could generate considerable discussion. So
as not to delay adoption of the entire Ordinance because of five details,
it is suggested that the Planning Commission consider recommending adoption
of the Ordinance on an interim basis.
Minnesota statutes allow municipalities to adopt official controls on an
interim basis in order to conduct special studies. This approach would
allow us to enforce the proposed Ordinance, but still give us time, say six
months, in which to address the items listed above. If the Planning Com-
mission agrees with this approach, an appropriate recommendation might read
as follows:
"Pursuant to Minnesota Statutes Section 462.355 Subd. 4 the Shorewood Plan-
ing Commission recommends that the City Council adopt the new Zoning
Ordinance dated April 1985 on an interim basis for a period of six months,
in which time the following issu~s shall be resolved: (see list above)."
I
I
A further recommendation should suggest that the Council establish a morator-
ium on "enclosed boat and marine Sl:1les" within the C-4 District until the
new Ordinance has been officially adopted.
cc: City Council
Dan Vogt
Glenn Froberg
Mike Pierro
Nick Reuhl
Alan Siegman
Sue Niccum
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TO: MAYOR and CITY COUNCIL
CITY OF SHOREWOOD
The following residents of Shady Island request that all of
Shady Island be placed in zoning district R-1B as specified
by section 200.11 of the new Zoning Ordinance. The lot size
requirement of R-1B more nearly fit the Shady Island lot size
average of 27,972 square feet which was determined by Brad
Nielson (File 405 83.9)
The cost of providing the Municipal utilities alluded to in
Subdivision 1 of Section 200.12 R-1C and the fact that all
of Shady Island is privately owned, show that the proposed
R-1C zoning for this area does not fit the physical conditions
and location of Shady Isl
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Page 2
PETITION TO MAYOR & CITY COUNCIL
CITY OF SHOREWOOD
w~ re:uest that all of Shady Island be placed in zoning
d~str~ct R-1B-lot size requirement 30,000 sq. ft.
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CITY OF
SHOREWOOD
MAYOR
Robe" RIscop
COUNCIL
Jln Hlugen
Tad Shlw
AI.xlnder Leonardo
Kristi Stover
ADMINISTRATOR
Doug Uhrhlmmer
5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474.3236
MEMORANDUM
TO:
PLANNING COMMISSION, MAYOR AND CITY COUNCIL
FROM:
BRAD NIELSEN
DATE:
27 OCTOBER 1983
RE:
SHENEHON/GOODLUND - LOT DIVISION AND AREA VARIANCE
FILE NO.:
405 (83.39)
BACKGROUND
Mr. Howard Shenehon and Ms. Mary Goodlund have requested approval of a
subdivision to divide their property located at 5285 Shady Island Road
(see Exhibit A, attached) into three lots. According to the applicants
the property contains 56,381 square feet of area and is currently occupied
by a small seasonal cabin. The site is zoned R-l, Single Family Residential,
as is the rest of Shady Island.
The proposal would result in three lots with an average area of 18,783 square
feet. Since the R-l District requires 40,000 square feet a lot area variance
has been requested. Lot width variances are also requested.
ANALYSIS/RECOMMENDATION
The applicants have cited high taxes as the reason for wishing to divide
their property. Based on statutory requirements and Shorewood's Zoning
Ordinance, economic circumstances alone do not justify variances. However,
a l~t size analysis of Shady Island suggests that the existing zoning is
inappropriate.
Lot sizes on the island range from 14,000 to 70,000 square feet. The
alierag_lot size is approximately 27,972 square. fee,. Since unusually large or
small lot sizes can skew an average we have also calculated the mean lot
size. Three lots are 25,000 square feet in area, with 14 lots larger and
14 lots smaller. This is obviously much closer to R-2 zoning than to the
existing R-1. The Comprehensive Plan recognized this and designated land
use for the islands as one to two units per acre.
A Residenti.' Community on bke Minnetonh's South Shore
''<(.
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it'
that 4It present or proposed reg~ion is too
restrictive, and therefore, unreasonable.
SAMPLE ORDINANCES THAT HAVE BEEN IN USE FOR SEVERAL YEARS
AND HAVE PROVEN TO WORK SATISFACTORILY. SOME MAY HAVE
BEEN AMENDED BUT AS THEY WERE ENACTED REPRESENT
LIVABLE REGULATIONS.
THE ALBUQUERQUE ORDINANCE
SEC. lO.A CR-l)
SECTION 10. R-l RESIDENTIAL ZONE -- This zone provides suitable
sites for houses and uses incidental thereto in the established
and redeveloping areas.
A. Permissive Uses:
1. House, one per lot
2. Accessory use:
f. Parking incidental to another use permitted in
this zone, pr0vided all motor vehicles which
are not parked inside a building are operative
and are not wholly or partially dismantled, and
as provided elsewhere in this section. The
parking of a vehicle meeting the definition for
recreational vehicle, except for size, is not
deemed incidental to another use permitted in
this zone.
g. Recreational vehicle, boat, or boat-and-boat-
trailer parking as follows:
(1) Inside parking, or
(2) Outside parking in the side yard or the
rear yard, or
C 3) Outside parking in the front yard, provided:
(a) Space is not available or there is no
reasonable access to either the side
yard or rear yard. A corner lot is
always deemed to have reasonable access
to the rear yard; a fence or wall is not
necessarily deemed to prevent reasonable
access.
(b)
(c)
Cd)
Inside parking is not possible.
The unit is parked .perpendicular to the
front curb.
m
The body of the recreational vehicle or
boat is at least 11 feet from the face
of the curb, and
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(e" No part of the uni t exte. over
"', the public sidewalk.
(4) Parking is permitted only if the uni~,
while parked in this zone, is
(a) Not used for dwelling purposes, except
one recreational vehicle may be used
for dwelling purposes for a maximum of
14 days in any calendar year on any
given lot. Cooking is not permitted in
the recreational vehicle at any time.
Butane or propane fuel shall not be used.
(b) Not permanently connected to ~ewer lines,
water lines, or electricity. The recrea-
tional vehicle may be connected to elec-
tricity temporarily for charging batteries
and other purposes if the receptacle and
the connection from the recreational vehicle
has been inspected and approved by the City;
this connection must meet the Electrical
Code of the City of Albuquerque and a City
electrical permit must be obtained for all
such installations. The individual taking
out the permit must call for an inspection
of the electrical wiring when ready for
inspection. Standard inspection fees will
be charged, except no inspection shall be
made for less than a three dollars fifty
cents ($3.50) fee.
(c) Not used for storage of goods, materials,
or equipment other than those items con-
sidered to be a part of the unit or
essential for its immediate use.
(5) Notwithstanding the provisions of paragraphs (3)
and (4) above, a unit may be parked anywhere on
the premises during active loading or unloading,
and use of electricity or propane fuel is per-
mitted when necessary to prepare a recreational
vehicle for use.
(6) If the dwelling unit on the lot is under con-
struction, the provisions of 2.i(3) of this
subsection shall control, rather than the
provisions of 2.g(1) through (4) of this sub-
section.
h. Sign, provided that it meets the requirements of
2.e(8) of this subsection or Section 40.E of this
ordinance.
i. Trailer parking as follows:
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(1) Inside parking if all provisions of 2.g(4)
of this subsection are met, or
(2) Outside parking in the side yard or the rear
yard of cargo trailers of less than 2,500
pounds carrying capacity.
(3) As a dwelling connected to any utilities
during construction of a building on the
premises, for a period of up to six months
or until construction is completed, which-
ever comes first. The six-month period
shall begin to run from the date on which
a building permit is issued for a dwelling
unit on the same lot. The body of the
trailer shall be set back at least five feet
from any lot line and eight feet from the
dwelling unit under construction.
(4) Notwithstanding the other provisions of this
subsection, a trailer may be parked anywhere
on the premises during activ~ loading or
unloading.
THE VALLEJO, CALIFORNIA, ORDINA~CE
ORDINANCE NO. 218 N. C. (2d)
fu~ ORDINANCE OF THE CITY OF VALLEJO AMENDING THE VALLEJO
MUNICIPAL CODE BY ENACTING, ADOPTING AND ADDING THERETO,
A NEW CHAPTER TO TITLE 7, SAID NEW CHAPTER TO BE NUMBERED
CHAPTER 7.96, PROHIBITING THE OCCUPA~CY OR USE OF MOBILE
LIVING UNITS AS DEFINED THEREIN BY ANY PERSON FOR LIVING
OR SLEEPING PURPOSES UPON ANY STREET, ALLEY, LANE, HIGHWAY,
~ruNICIPAL OFF-STREET PARKING LOT, OR OTHER PUBLIC PLACE, OR
UPON ANY LOT, PIECE, PARCEL, OR TRACT OF LAND WITHIN THE
CITY OF VALLEJO: SUBJECT,TO CERTAIN EXCEPTIONS AS EXPRESSED
THEREIN; EXEMPTING THE PARKING OR STORAGE THEREOF WHEN NOT
USED FOR LIVING OR SLEEPING PURPOSES IN VIOLATION OF CITY
ORDINANCES OR REGULATIONS; PROVIDING PENALTIES FOR VIOLATION
OF THE ORDINANCE AND A SEPARABILITY CLAUSE; AND REPEALING
SECTION 10(a) OF ORDINANCE NO. 430 N.C., A~D ALL OTHER
ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT OR INCONSISTENT
THEREWITH.
THE COUNCIL OF THE CITY OF VALLEJO DOES ORDAIN AS FOLLOWS:
SECTION 1. The Vallejo Municipal Code is hereby amended by enacting,
adopting and adding thereto a new chapter to Title 7, said new chapter
to be numbered and read as follows:
CHAPTER 7.96
MOBILE LIVING UNITS
Section 7.96.010. < DEFINITIONS. As used in this Chapter:
.~,
"Mobile 1i.g unit" means a camp car~ommercia1 coach, ·
mobile home, recreational vehicle, or travel trailer as each
of these terms is defined in Chapter 1 (Sections 18000-18013),
Part 2 (Mobile Homes) and in Chapter 1 (Sections 18200-18220),
Part 2.1 (Mobile Homes Parks Act), Division 13 of the Health
and Safety Code of the State of California, and a camp
trailer, house car, or trailer coach, as each of these terms
is defined in Division 1 (Sections 100-675) of the Vehicle Code
of the State of California, or any other vehicle or structure
originally designed, or permanently altered in such a manner
as will permit occupancy or use thereof for living or sleeping
purposes, and so designed or equipped with wheels, or capable
of being mounted on wheels and used as a conveyance on
public streets or highways, propelled or drawn by its own or
other motive power, excepting a vehicle or device used exclusively
upon stationary rails or tracks.
"Person" means ar.d includes any natural person, partnership,
firm, company, corporation, trust, or unincorporated association.
Section 7.96.020. USE OR OCCUPANCY OF MOBILE LIVING UNITS
FOR SL~~PING PURPOSES PROHIBITED; EXCEPTIONS. It shall be
unlawful for any person to occupy or use any mobile living unit
for living or sleeping purposes upon any street, alley, lane,
highway, municipal off-street parking lot, or other public place,
or upon any lot, piece, parcel, or tract of land within the City
of Vallejo except as provided below and in Sections 7.96.040 and
7.96.050 of this chapter:
(a) Within a lawfully established and licensed
mobile home park, recreational trailer park, travel
trailer park, labor camp subject to Chapter 4 (com-
mencing with Section 2610) Part 9, Division 2 of the
Labor Code of the State of California, or oth~r like
facility which is designed and equipped to operate
for the purpose of providing temporary or permanent
accommodations for such mobile living units; and
(b) A mobile living unit may be occupied or used
for sleeping purposes only by friends, relatives, or
visitors on land entirely owned by or leased to the
host person for a period of not to exceed thirty (30)
days in anyone calendar year, provided that said
mobile living unit shall not be connected to any
utility, other than temporary electricity hookups, and
provided further that the host person shall receive no
comnensation for such occupancy or use. All temporary
electrical hookup facilities shall comply with applica-
ble state law and the Vallejo Electrical Code. No
such mobile living units shall discharge any litter,
sewage, effluent or other matter except into sanitary
facilities designed to dispose of such material.
Section 7.96.030. PE~fITTI~G PROPERTY TO BE OCCUPIED OR
USED FOR SUCH PURPOSES PROHIBITED. Subject to the exceptions
set forth in Sections 7.96.020, 7.96.040 and 7.96.050 of this
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chapter, it shall be un]a~ful for any owner, lessee, or oCCllpant
of any lot, piece, parcel, or tract of land within the Cjty of
Vallejo, whether for gain, hire, reward, or gratOit~usly, or
otherwise, to permit the same to be occupied or used by any
mobile living unit for living or sleeping purpos~5.
Section 7.96.040. OVERNIGHT PARKING EXCFPTJOS. Nothing
in this chapter shall be deemed to preve3t the temporary occupancy,
for sleeping purposes, of a mobile living unit for a single period
of not more than fourteen (14) hours from the evening of one day
to the morning of the next day, if lawfully parked on a public
street, ~hen the following conditions are met:
(a) Said vehicle must conform to all applicable
sections of the Vehicle Code of the State of California;
(b) Said vehicle must have completely self-
contained utilities, meeting all applicable codes and
laws of the State of California governing such mobile
living units, as defined in Section 7.96.010 of this
chapter, or meeting such requirements in the juris-
diction of registration, if the vehicle is registered
outside of the State of California;
(c) The self-contained utilities described in
(b) above must include toilet facilities;
(d) Said vehicle, or the occupants thereof, may
not discharge or discard any litter, effluent, sewage
or other matter into any public street or way or
upon any private property while parked as provided
in this section;
(e) No mobile living unit may be parked under
the provisions of this section in any residential
zoned district; and
ef) No mobile living unit may be parked under
the provisions of this section anywhere in the City
of Vallejo for two or more consecutive nights.
Section 7.96.050. EXEMPTION FOR PARKING OR STORAGE ON
OWNED OR LEASED PREMISES. Nothing in this chapter shall be
deemed to prohibit the owner or operator of any mobile living
unit from parking or storing his mobile living unit upon
premises owned, leased, or otherwise lawfully occupied or used
by him, so long as such mobile living unit is not occupied or
used for living or sleeping purposes in violation of the pro-
visions of this chapter, Title 16, Zoning, of this Code, or
any other applicable ordinance or regulation of the City of
Vallejo.
* * * * *
We hope that what we have heretofore set out will be of
some assistance if the occasion presents itself.
VALIDITY OF ZONI~ORDI~ANCES PROHIBITING OfllEGULATING OUTSID;
PARKING AND STORAGE OF MOTORHOMES, HOUSE TRAILERS, C~fPERS,
VANS AND THE LIKE IN RESIDENTIAL NEIGHBORHOODS.
.j.,
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The issue of aesthetics is becoming more and more a factor
and a national trend to recognize aesthetics as a legitimate
basis for the exercise of the police power of a city in passing
and enforcing zoning ordinances prohibiting or regulating storage
of recreational vehicles.
The decisions dealing with aesthetics as the fundamental
principle giving rise to zoning regulations fall into three
concepts.
(1) There are those cases which hold that zoning ordi-
nances based primarily on aesthetic considerations are not
valid.
(2) Others hold that aesthetic considerations alone are
a valid basis for the enactment of zoning regulations.
(3) A large majority of the cases hold that while aesthetic
consideration alone is not a valid basis for zoning regulations,
such ordinances based partly or incidentally on aesthetic con-
siderations may be valid.
If the Courts in your state have held that aesthetic
considerations alone are a valid basis for the use of police
power, then you have a very difficult road ahead of you. If
your state falls within the other two categories, then you have
hope.
In any Court proceedings involving an attack on an ordinance
for the reason that it is unenforceable and invalid, the individual
attacking such ordinance must, by proper evidence, overcome the
presumption of the validity of the ordinance. In examination of
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the cases wh~ the RV owners have lost,~ere has been a glaring
lack of evidence to overcome the heretofore~ stated presumption;
therefore, it is very important to have strong facts presented to
overcome the presumption.
As stated before there is a presumption of the validity of
zoning ordinances; however, it is not a conclusive presumption
but is rebuttable, which may be overcome by competent and relevant
evidence. This is the job of your lawyer to produce such facts.
The one attacking an ordinance as unconstitutional has the burden
of proof and you may not merely rely on allegations or conclusions
of law that the ordinance is not based on health, safety, morals
or general welfare, but introduced competent and relevant evidence
to support this position.
It cannot be said as a matter of law that ordinances which
restrict or prohibit the outside parking or storage of recreational
vehicles in single family residential areas are unconstitutional.
Many of the Courts have stated that it is the function of the
legislative body to determine this question and is not a question
for the Courts to decide so long as the ordinance is not arbitrary,
unreasonable and capricious.
The Euclid, Ohio, case, Euclid v. Fitzthum, has been over-
stated in most instances as to its application in the challenging
of ordinances as' being unconstitutional. A later Ohio case,
Pepperpike v. Landskroner 95 ALR 3rd. 364 371 NE 2nd 579, discusses
that case and also sets out a very realistic appraisal of the
law pertaining to zoning ordinances regulating storage of RV's
in re~idential areas. For the benefit of lawyers who might see
this handbook, we would refer them to that case and the annotation
in 95 ALR 3rd, 378.
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~OTHER THREATS TO RV USER~
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There are other laws that have been passed in several areas
that do not particularly pertain to storage of recreational
vehicles in residential areas.
~1any RV'ers, as they travel around the country, park over-
night in shopping centers. Some cities are attempting to regulate
this by requiring that a license be obtained by the owners of
shopping centers if they permit RV's to park overnight. One can
readily conclude that shopping centers are not going to buy such
a license, and therefore, if an RV is parked there overnight,
officers may enforce the ordinance by requiring the RV'er to move.
Certain states have enacte~ laws which require a payment of a fee
to travel across the state if the rig is over a certain size and
weight. These have caused some problems.
CON C L U S ION
It is apparent that we who have a life style involving motor-
homes and recreational vehicles must be on the alert. Your FMCA
National Office will do all in its power to minimize our diffi-
culties; therefore, we will need the help of all members and
officers of local chapters to advise us of any problems they
have with full information so that we .can better pursue aid in
this area. With this in mind~ the enclosed questionnaire will
help with a better understanding of your particular individual
problem.
We solicit your dialogue, ideas and individual concerns.
When asking for assistance or aid, would you please complete
the questionnaire and return it to the National Office.
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NODEL ORDINANCE
.
Be it ordained by the City Council (County Board) of
SectiYII 1. DEI'L'ITIONS:
(a) The term "vehicle" is defined herein as it is defined in the Motor Vehicle
Cooe.
(b) The teTlll "r~creational vehicle" is defined as a non commercial moveable vehicle.
self propelled or towable by another vehicle. primarily designed, constructed. or
modified to provide te"~orary living quarters for recreation. camping or travel.
(c) The term "self-contained recreational vehicle" is defined as any recreational
vehicle within the definition of subsection (b) above which contains facilities for
the containment of all liquid or semi-solid wastes none of which are subject to
discharge from such structure except by the operation of an external valve or pump
or through a legally approved incinerating or other desp06s1 device.
(d) The term "driveway" is defined as that area of any residential property designed
for vehicular ingress and egress to and from such property including any such area
as shall have been prepared for the parking or storage of vehicles.
(e) The term "parking" is defined as the stationary placement of any vehicle for
a continuous period of less than 72 hours.
(f) The term "storage" is defined as the stationary placement of any vehicle for
a continuous period in excess of 72 hours.
Section 2. VEilICULAR PARKING AND STORAGE ON PRIVATE PROPERTY:
(a) ~o vehicle shall be stored in the required front or side set back area of
any residential lot except on a driveway.
(b) No recreation vehicle, except a self-contained recreation vehicle. shall be
used for purposes of human habitation while parked or stored on any residential
lot.
(c) No self-contained recreation vehicle shall be used for the purposes of human
habitation while parked or storeo on any residential lot unless a receptacle approved
by law for the discharge of liquid and semi-solid wastes shall be provided on such
residential lot, except for a period of time not to exceed 72 continuous hours.
Section 3. SUSP[~SION
All provisions of this ordinance shall be suspended as to any person or group of
persons so affected by any civil or military disturbance, natural catastrophe or other
emergency as to render the use of their customary abode impossible or unsafe.
Section 4. E:-JFOHCDIDH
The violation of any provision of this ordinance shall be a misdemeanor.
~ote: This ~oulJ be the least restrictive ordinance you could hope for. The ordi-
nances set out in the handbook are worthy of consideration as workable
ordinances.
r
HI: U MAY ~ ..11~~
LAW OFFICES
WILLIAM F. KELLY AND ASSOCIATES
WILLIAM F. KELLY
MARK W. KELLY
3111 SECOND STREET
EXCELSIOR. MINNESOTA 1515331
(eI2) 474-11877
May 22, 1985
Planning Commission
City of Shorewood
5755 Country Club Road
Shorewood, Minnesota 55331
Re: Proposed Shorewood Zoning Ordinance
Dear Ladies and Gentlemen:
Thank you for keeping open the public hearing record
on the proposed new zoning ordinance to allow the filing
of written comments on the document. Although I obtained
a copy of the proposed ordinance as quickly as it became
available to the public, which was about the middle of
April, I found it to be all encompassing and so very
detailed involving 158 single space pages, that I thought
it would be wiser to postpone comments until I had the
benefit of an explanation by staff and an opportunity to
listen to the public hearing discussion. I understand
that this proposal has been the subject of many months of
work by the Planning Commission, and I appreciate how the
Commission must now feel in its desire to move the
proposal along as fast as possible for action by the City
Council. I would hope however, the Commission might slow
the process long enough to give to the public an
opportunity to digest the meaning of the new ordinance;
particularly how it affects our citizens and specific
property as well as the underlying policy the ordinance is
proposing to envelope.
All zoning ordinances by their terms are very
restrictive and rightly so if the interest of the public
is to be protected. On the other hand the ordinance must
be fair and reasonable to the extent that all property is
treated alike where similarly situated.
1
I
WILLIAM F. KELLY AND ASSOCIATES, ATTORNEYS
Planning Commission
May 22, 1985
Page Four
I am interested in having a good ordinance for our
city; one which we can support and which will protect
all private property, rather than one which is designed
to merely perpetuate a status quo and benefit some to the
detriment of others.
If adopted by the City Council,
sized property owners will be placed at
rights of
issue.
large
WFK/dcg
CC: City Administrator
City Planner
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CITY OF
SHOREWOOD
MAYOR
Robert Rascop
COUNCI L
Jan Haugen
Tad Shaw
Kristi Stover
Robert Gagne
ADMINISTRATOR
Daniel J. Vogt
5755 COUNTRY CLUB ROAD . SHOREWOOD. MINNESOTA 55331 · (612) 474-3236
MEMORANDUM
TO:
MAYOR AND CITY COUNCIL
FROM:
BRAD NIELSEN
DATE:
22 MAY 1985
RE:
GARDEN PATCH - PERMIT STATUS
FILE NO.
405 (GENERAL)
At the request of the Council I have reviewed the records pertaining
to the Garden Patch store located at 23425 Smithtown Road. I have
drafted the attached letter to the owner based upon the results of my
findings. As you can see the issue is more complicated than a permit
violation. On 9 June 1985, their permit expires entirely. Anticipating
that the Council may wish to discuss the matter further at the meeting
on 28 May, the letter will not be sent until the 29th.
If you have any questions regarding this matter, please do not hesitate
to contact my office.
BJN:sn
cc: Dan Vogt
Glenn Froberg
gev--
A Residential Community on Lake Minnetonka's South Shore
4
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CITY OF SHOREWOOD
Regular Council Meeting
June'9. 1975
.
MINUTES
ROLL CALL
The last regular meeting of the Shorewood City Council was held at
Elementary School on June 9, 1975 at 7:30 p.m. and called to order
Council members present were Keeler, Naegele, Huttner and Haugen.
were Engineer Mittelsteadt, Attorney Kelly and Clerk Wiltsey.
the Minnewashta
by Mayor Frazier.
Others present
MINUTES APPROVED
It was moved by Keeler, seconded by Huttner to dispense with reading of the
minutes of May 12, May 14, May 28 and June 2, 1975 and approve as submitted.
Motion carried unanimously.
TRACTOR BIDS OPENED
Pursuant to advertisement for bids for a tractor and equipment, bids were received
and opened from Coffey Equipment, Bill's Repair and A & M Industrial Equipment Co.
It was moved by Huttner, seconded by Keeler to tabulate the bids and make
recommendation for consideration at the next meeting. Motion carried unanimously.
PARK AND RECREATION COMMISSION ESTABLISHED
A proposed ordinance establishing a park and recreation commission had its first
reading for further review and adoption at the next meeting.
RUSH AWARD APPEALED
Attorney Kelly reported to the council that Mr. Rush of Christmas Lake had been
awarded $5,800. on his appeal of the sewer easement condemnation and further
recommended that he be authorized to appeal and offer them $2,000. Naegele
moved to authorized the attorney to appeal the case as recommended, seconded
by Huttner. Motion carried unanimously.
CREPEAU NON-CONFORMING USE PERMIT
Resolution No. Lf3-1S-
Attorney Ruffenbach again appeared in behalf of Crepeau requesting a Don-conforming
use:permit for a fresh fruit and vegetable sales outlet on the eastern portion
of the Crepeau property. After considerable discussion, it was moved by Keeler,
seconded by Huttner to adopt a resolution approving a Don-conforming use permit
for the property in question for the term of the lease, not to exceed ten (10)
years. Upon vote being taken, Naegele, Keeler and Huttner voted aye, and Mayor
Frazier and Haugen voted nay. Motion carried. Resolution adopted.
PROBLEMS - BROH' S MARKET PROPERTY
Several residents of Shady Hills area as well as H. Murfin, owner of the property
in question, were present and tbe variou s problems that had been made in the
original petition were discussed at length. May~r Frazier made a report on his
findings from his 1nsp~ction. Council agreed to review the matter further
relative to the ~idening of the road at the entrance to the service road and
the drainage at the Pierson property.
MINNEWASHTA CHURCH SEWER ASSESSMENT - Amendment to Resolution No. 26-75
Resolution No. ". i - 7S-
It was moved by Haugen, seconded by Huttner to approve a reso~ution amending
resolution No. 26-75 to delete the sewer assessment on the property described
as Plat 34332, Parcel 2800. Motion carried unanimously.
\.
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MEMORANDUM
TO:
FROM:
DATE:
RE:
FILE NO.
.
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CITY OF
SHOREWOOD
MAYOR
Robert Rascop
COUNCIL
Jan Haugen
Tad Shaw
Kristi Stover
Robert Gagne
ADMINISTRATOR
Daniel J. Vogt
5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236
MAYOR AND CITY COUNCIL
BRAD NIELSEN
22 MAY 1985
UPPER LAKE MINNETONKA YACHT CLUB - C.U.P. STATUS
405 (GENERAL)
At the request of the City Council I have researched City records relative
to the above-mentioned permit. Their most recent permit, a copy of
which is attached, was granted in April 1978. The Ordinance under which
the approval was granted neither defined "yacht club" nor specified what
activities were included in a conditional use permit for a yacht club.
While the conditional use permit lists a number of performance type con-
ditions, it also is unclear in specifying what a yacht club entails. Re-
sorting to common usage, Webster's defines "yacht" as:
"...any of various relatively small sailing or mechanically driven
ships that characteristically have a sharp prow and graceful lines
and are ordinarily used for pleasure cruising or racing"
Based upon these findings I am still unsure as to how sailboards relate
to a yacht club, or whether they constitute an increase in the activity
of the club. Obviously if they are violating any of the 13 conditions
imposed by the C.U.P., the violation can be corrected.
It is suggested that this matter be discussed in more detail at Monday
night's meeting.
BJN:sn
cc: Dan Vogt
Glenn Froberg
A Residential Community on Lake Minnetonka's South Shore
<6b
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RE.UTIOH ttO. 30-78
t \! l~U ll~...L~11lU!11
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'HEREAS, the Upper l-1k~ tllnnet.oni<:a r'acftt Club, a non-p[tlrlt Htnne-
sota corporation, with headquarters in the City of Shorewood, Hennepin
County, Minnesota, has made application for a conditional use permit to
operate a yacht club under and pursuant to authority granted by Shorewood
Zoning Ordinance No. 77, and
WHEREAS, the applicant is in fact a bona fide club and has presented
evidence to that effect; the Commodore of the club being Dr. Richard
Leavenworth, Shorewood, Minnesota, and Vice Commordore being Richard Put-
nam, Wayzata, Minnesota, and
WHEREAS, the Upper Lake Minnetonka Yacht Club is t~e fee owner of
the following described property, to-wit:
Lots 1 and 2, Block 4, Enchanted Park all of which is located on
Enchanted Island in the City of Shorewood and'
WHEREAS, pursuant to the applIcation, the City of Shorewood did hold
a public hearing preceded by published notice in the official newspaper
of the City, and at which hearing all interested persons w~re heard.
NOW, THEREfORE, BE IT RESOLVED, the City Council of the City of
Shorewood does:
I, Hereby make the following findings:
a) The proposed use of property described as Lots 1 and 2,
Block 4, Enchanted Park as and for a yacht club will not
have a substantial or undue adverse effect upon adjacent
property, the character of the neighborhood traffic con-
ditions, utility facilities, and other matters affecting the
public health, safety and general welfare.
b) The use of the above-describe~ property as and for a yacht
club a~ hereinafter authorized will be in the opinion of
the City Council be designed, arranged and operated so as
to permit the development and use of Neighboring property
in accordance with the applicable district regulations as
contained in Ordinance No. 77.
2. Hereby grant to the Upper Lake Minnetonka Yacht Club a condi-
tional use permit to operate a yacht club on property described as
Lots land 2, Block 4, Enchanted Park, subject, however, to the follow-
l~g 11.1ting provisions:
~~~a) That upon and attached and In conjunction with the use of
aid or~n~rtv m~~ ~_ l~A~..A ,._~_
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Resolution No. 30-78 - 2 -
buoys capable of storing and keeping not more than 30 boats
during the docking season, and such facilities shall not
extend beyond 200 feet of the shoreline.
b) That the applicant shall on or before May 1st of each year
file with the City Clerk a sketch of the dock buoys and slip
arrangement, and obtain a yearly license for the operation
and use of the docks, buoys and slips authorized by this
conditional use permit.
c) That no launching of boats shall be permitted from the site.
d) That no winter storage shall be permitted on the site except
that iifts which are part of the dock arrangements may be kept
on the site during the off season, plus one .pontoon boat may be
kept on the site.
e) That the designated parking area on the site shll provide
parking for 30 vehicles and motor vehicles shall not be
allowed to be parked in any area except that designated for
parking.
f) That this permit shall not be deemed to include authorization
for location, construction or use of any building on the site.
g) That no boat trailers shall be stored or kept on the site.
h) That the site shall not be used for camping or overnight use
by members of the club or their guests.
i) That the club shall enforce a curfew time of 12:00 o'clock
midnight.
j) That the premises shall not be rented out to other clubs or
organizatlons.
k) That the premises shall be maintained in a neqt and clean
manner.
1) That activities on the premises shall not create a nuisance
or noise so as to impair the comfort or convenience of
persons in the neighborhood.
m) That violation of city statutes or ordinance of the City of
Shorewood shall not be permitted on these premises.
Dated: April 24, 1978
Adopted by the City Council of the City of Shorewood this
24th day of April, 1978.
"'
,
"APPLICATIO~R PERMIT TO KEEP OR MA~N IN
PRIVATE PR TY WITHIN A PUBLICLY 0
'RIGHT-OF-WA PURSUAN~ TO SHOREWOOD ORD ANCE
NO. 121
J'
"
Please type or print legibly
1. APPLICANT INFORMATION
Please give the name(s) of all persons who own the private property
to be maintained in right-of-way.
NAME(S) cLLID rrh. C()88
.s~/5' C()VIN~ ~~/!
ADDRESSES Sfl()eeWH~ ~ -;"V S',.f' 33/
TELEPHONE --f 7 0/' j.. 7? 6
2. RIGHT-OF-WAY
Please name the highway, road, street, alley or other right-of-way
upon which you are requesting to maintain private property.
<:OV/ i..J~1 R(!JII/j
3. Please describe as carefully as possible the exact location or address
on the right-of-way where the private property is to be maintained, as
well as the nature, extent and purpose of the requested encroachment
on th~_right-o!-way. (Attach a photograph or sketch if po,sible).
~j ~ -t fHC)'bS f:A1'J~t~r~e1
In ~onsideration of approval of this permit, I hl~reby knowingly and
voluntarily waive any right to recover from the City of Shorewood for
damage occurring to property in the right-of-way as above described,
which damage results from the performance by the City of Shorewood or
its agents of any public duties required by law.
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Applicant signntul~ ( 0)
) Approved
) Not Approved
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May 17, 1985
Shorewood City Council
City of Shorewood
5755 County Club Road
Shorewood, MN 55331
Dear Council Members,
I live at 5615 Covington Road, on the east side of Christmas Lake. My
property is located on the southside and adj acent to the cerretary
property. I rroved in last year and wish to make sane landscape irrprove-
ments to the front entry (driveway) of my property.
Enclosed you will find our proposed landscape irrprovement drawing.
Specifically what we want to do, is rerrove 25 year old juniper bushes
(photo enclosed) and put in a 3' high stone wall (photo enclosed
showing type of stone) with new shrubbery planted behind it. This
wall would curve in towards our house on both sides. We do not intend
to change the size of the driveway entrance nor build out toward the
road any farther than our existing driveway entrance. OUr goal is to
update the shrubbery and give beauty and definition to the entrance.
In checking with a survey carpany and talking with Mr. Neilsen, I find
that the area in question is rrostl y in the ci ties right of way. My
property line starts approximately 35' east of the center of the
blacktop road, which locates it approximately 25' into what I thought
was my property. The existing road however is only about 20' -21 '
wide, thus the surprise at discovering the real property line.
What I'm requesting is permission to re-landscape my front entrance,
which is presently in the right of way, under ordinance #121,
recognizing that I would have no legal rights or recourse, and an
obligation to rerrove the wall if the city ever wanted to widen the road.
It should be noted that all up and down my street the hanes on both
sides have similar property situations, where their fences, walls, and
even a garage are clearly in the right of way as per the present
surveys, due to the narrow road. My request does not constitute . a
change of status quo, but merely a desire to upgrade and irrprove what
is already there.
I would appreciate your prarpt attention and decision on this matter.
Very truly yours,
,.. '. (
l... .,> e;>" t ( \ . C'{:,(1 \..._-
\~~/ \.. ~
Elliott A. Cobb
Enclosure
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MEMO TO:
FROM:
DATE:
SUBJECT:
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MA YOR
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 AN?IDNCILMEMBERS
DAN VOGT
MAY 28, 19 5
PUBLIC WORKS EMPLOYEE -- PART-TIME
Attached you will find information which you requested at
your May 13 Council meeting relative to a part-time employee
in the Public Works Department.
The memo from Finance Director Beck outlines the costs to the
City of a part-time employee. It also shows the costs incurred
to date for Roger Day.
Also, you will find a memo from Public Works Director Zdrazil
which relates to the decision not to fill the position vacancy
left by the resignation of Roger Day.
DJV:rd
Ene.
A Residential Community on Lake Minnetonka's South Shore
/0
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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
MEMO TO: Mayor Rascop ana Councilmembers Haugen, Shaw, Stover, and Gagne
FROM: Evelyn Beck, Finance Director
DATE: May 20, 1985
RE: Hiring a Part-Time Person for Road Work Over the Summer
At the Council meeting of 5/13/85 you requested information on what the cost
of hiring an individual for road work over the summer months might be.
In providing those costs, I considered a 15 week period, June 3 through
September 13.
Below are the costs at three (3) varying rates per hour extended to show
the full cost for 15 weeks (including fringes).
$5.00/hr.
$6.00/hr.
$7.00/hr. =
$3,339.00 for 15 weeks
$4,006.80 for 15 weeks
$4,674.60 for 15 weeks
1985 cost of Roger Day
Cost of 15 week part-time @ $6.00/hr
$10,500.00
4,006.80
Total cost through 9/13/85
$14,506.80
Cost of maintenance man for full year
Difference
$24,285.00
9,778.20
cc: Dan Vogt
Don Zdrazil
A Residential Community on Lake Minnetonka's South Shore
I'
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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
MEMO TO: Mayor Rascop and Councilmembers Haugen, Shaw, Stover, and Gagne
FROM: Don Zdrazil, Director of Public Works
DATE: May 21, 1985
SUBJECT: Road Crew Needs
Snowplowing requires 6 people to provide efficient and adequate service to the
public. This provides 3 two-man teams consisting of one large plow truck to plow
the bulk of snow from main roads and one smaller truck to clean intersections,
dead-end streets, cul-de-sacs, etc.
In 1980 Shorewood had a six-man crew including a person for the Sewer and Water
Department. This person was always available to help with snowplowing, road repair,
park work, etc. Since 1980 Shorewood has accepted more roads such as Knightsbridge,
Dellwood Lane, Noble Road, Kathleen Court, Orchard Circle, Woodhaven Addition,
Boulder Bridge Phases One and Two, Amesbury North, Waterford development, which
have created an additional 3.7 miles to our original roadways.
As I see the labor situation in Shorewood it seems we are taking on more responsi-
bility and cutting the work force by 16%. Also, I would like you to consider the
fact that we are short one more person approximately 106 days of 260 work days per
year.
Total
40 days
36 days
30 days
106 days
Dennis Johnson and Dan Randall x 20 days vacation each
Don, Howard, and Ralph x 12 days vacation each
Average sick days = 6 each x 5 employees
In order to rebuild or overlay a section of road effectively would require a ten-
person crew as follows: 4 truck drivers to haul material; 2 paver operators if
paving; 1 person to rake blacktop seams; 1 labor to shovel hot mix; 1 roller
operator; at least 1 flag man to guide traffic safely which we can accomplish by
trading labor with other cities.
A Residential Community on Lake Minnetonka's South Shore
,
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Memo to Council
Road Crew Needs
May 21, 1985
page two
In checking with other cities it seems the norm is one person for every 6.66 miles
of road.
Tonka Bay has 1 person for every 5 miles:
Total 10 miles includes 2 full-time employees plus supervisor. They also
employ 1 part-time summer help paid by the City.
Chanhassen has 1 person for every 7.S miles:
Total 60 miles includes 4 full-time employees. Also available for road
maintenance are 1 mechanic, and 3 employees from the Park Department.
Chanhassen also employs 3 persons in their Sewer and Water Department.
Excelsior has 1 person for every 3 miles:
Total 15 miles includes 2 full-time employees plus supervisor, as well as
3 employees from the Sewer and Water Department available to assist with
snowplowing and road maintenance.
Shorewood has 1 person for every 10 miles:
Total 50 miles includes 4 full-time employees plus supervisor.
This approximate 50 miles of streets is comprised of an 8
islands for plowing; 32 cul-de-sacs; 27 deadend streets.
90 acres of park land plus Crescent Beach to maintain.
mile drive to the
Shorewood also has
DZ:pr
cc: Dan Vogt
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ORDINANCE NO.
~ /r-'6
AN ORDINANCE GRP~NTING A FRl~CHISE TO CONSTRUCT, OPERATE AND
MAINTAIN A WATER SYSTEM IN THE CITY OF SHOREWOOD, SETTING FORTH
CONDITIONS ACCOMPANYING THE GRANT OF FRANCHISE; PROVIDING FOR
CITY REGULATION OF THE WATER SYSTEM; PROVIDING AN OPTION FOR
TAKE-OVER BY THE CITY OF SHOREWOOD; AND PRESCRIBING PENALTIES
FOR THE VIOLATION OF ITS PROVISIONS. .
The City Council of the City of Shorewood does hereby
ordain as follows:
SECTION 1. TITLE. This Ordinance shall be known and may be
cited as the Water Franchise Ordinance.
SECTION 2. DEFINITIONS. For the purpose of this Ordinance,
the following terms, phrases, words and their derivations shall
have the meaning given herein. When not inconsistent with the
context, words used in the present tense include the future,
words in the plural number include the singular number, and
words in the singular number include the plural number. The
word "shall" is always mandatory and not merely directive.
2.1 "City" is the City of Shorewood.
2.2 "Company" is the grantee of rights under this fran-
chise as follows, namely, Trivesco, a partnership consisting
of Steiner and Koppelman, Inc., Robert H. Mason Homes, Inc.,
and Highland Properties, Inc.
2.3 "Council" is the City Council of the City of Shorewood.
2.4 "Person" is any person, firm, partnership, association,
corporation, company or organization of any kind.
2.5 "Trunk Water Supply and Storage Facilities" includes
well, pump and motor, pump house, water main and 50,000 gallon elevated
tank.
2.6 "Complete Water System" includes all pipes, accessories
and other fixtures, including the Trunk Water Supply and ~torage
Facilities, necessary or proper for the maintenance and operation
of a water distribution system in the City.
SECTION 3. GRP~NT OF AUTHORITY. There is hereby granted by the
City to the Company the right and privilege to construct, erect,
operate, and maintain in, upon, along, across, above, over and
under the streets, alleys, public ways and public places now
laid out or dedicated and all extensions thereof and additions
thereto a complete water system in the City of Shorewood. This
franchise and grant of authority is given in respect to the
following described area in the City of Shorewood:
II
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All of the area within the boundaries of the preliminary
plat of Water ford as approved by the Council on September 10,
1984, a copy of which preliminary plat is on file in the
office of the City Clerk, and in addition, areas outside said
plat, including Covington Vine Ridge, Silver Ridge
Developmentf Johnson lots, and other adjoining lots if
said property owners request to be connected.
The right to use and occupy said streets, alleys, public ways
and places for the purposes herein set forth shall not be ex-
clusive and the City reserves the right to grant the similar use
of said streets, alleys, public ways, and places to any person
at any period of this franchise.
SECTION 4. COMPLIANCE WITH APPLICABLE LAWS AND ORDINANCES.
The Company shall at all times auring the life of this franchise
be subject to all lawful exercise of the police power by the
City and to such reasonable regulation as the City shall here-
after by Resolution or Ordinance provide.
SECTION 5. COMPANY LIABILITY INDEMNIFICATION. It is expressly
understood and agreed by and between the Company and the City
that the Company shall save the City harmless from all loss
sustained by the City on account of any suit, judgment,
execution, claim or dem~dwhatsoever resulting from negligence
on the part of the Company in the construction, operation or
maintenance of its water system in the City. The City shall
notify the Company by registered mail addressed to the follow-
ing address:
Trivesco
14201 Excelsior Boulevard
Minnetonka, Minnesota 55345-4997
within 90 days after the presentation of any claim or demand,
either by suit or otherwise, made against the City on account
of any negligence as aforesaid on the part of the Company.
SECTION 6. LIABILITY INSURANCE. At the time of acceptance of
this franchise, the Company shall procure the issuance of and
keep in force at all times thereafter during construction,
maintenance or operation of the system or any part thereof
by the Company, single limit public liability insurance in the
amount of $1,000,000. Said policy of insurance shall be
issued by an insurance company authorized to do business in the
State of Minnesota and approved as to form by the City Attorney.
Said insurance policy shall provide protection to the City
in accordance with the indemnification provision above. A
certificate showing such coverage shall be filed ~ith the
City Clerk at the time of notification by the Company of
acceptance of the franchise.
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SECTION 7. CONSTRUCTION. It is contemplated that the Company
shall construct the ~omplete water system in the area stated in
portions as platted. ( Prior to the construction of the Trunk
Water Supply and Storage Facilities, the Company may obtain . (L
water from the City of Minnetonka pursuant to the provision of ~
that certain Agreement for Water Service between the City of
Shorewood and the City of Minnetonka dated
During the period of such service, the Company will be b nd
by all of the terms and conditions of such AgreementJ n
advance of the start of construction of each portion of the
system, the Company shall submit to the City Council, in duplicate,
complete plans and specifications for the portion proposed to
be constructed. Such plans and specifications shall be examined
by the City Engineer and shall meet the reasonable requirements
of the City Council and the City Engineer and no construction
of said portion of the water system shall be commenced unless
and until written notice of approval by the Council has been
furnished by the City Clerk.
SECTION 8. LETTER OF CREDIT; CONSTRUCTION. At the time of
acceptance of thi~franchise, the Company shall deposit with
the City a Lette., f Credit satisfactory to the City. Such
Letter of creditQhall be retained by the 'CitYland shall continue
in effect during the construction period of t~e Trunk Water
Supply and Storage Facilities and expire one (1) year after the
City's final acceptance of said Trunk Water Supply and Storage
Facilities. The amount of the Letter of Credit shall be equal
to one hundred fifty percent (150%) of the estimated cost of
construction of said Trunk Water supply and Storage Facilities
as approved by the City Engineer. The Company shall pay all
reasonable attorney's fees and costs incurred by the City in
defense of or enforcement made by any rights of the City under
said Letter of Credit.
SECTION 9. SERVICE STANDARDS. The Company shall maintain and
operate its water plant and system and render efficient service
in accordance with the reasonable rules and regulations as may
be promulgated by the City Council. All water shall be supplied
through meters which shall accurately measure the amount of
water supplied to any consumer and the Company shall, at any
time when requested by a consumer, make a test of the accuracy
of any water meter. Whenever it is necessary to shut off or
interrupt service for the purpose of making repairs, adjustments
or installation, the Company shall do so at such time as will
cause the least amount of inconvenience to its customers and
unless such repairs are unforeseen and immediately necessary,
the Company shall give reasonable notice thereof to consumers.
SECTION 10. COMPANY RULES. The Company shall have the authority
to promulgate such rules, regulations, terms and conditions
governing the conduct of its business as shall be r~asonably
necessary to enable the Company to exercise its rights and per-
form its obligations under this franchise and to insure an
uninterrupted service to each and all of its customers. It
is provided, however, that such rules, regulations, terms and
conditions shall not be in conflict with the provisions hereof
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or of laws of the State of Minnesota and such rules and regula-
tions, terms and conditions shall be subject to approval of the
City Council.
SECTION 11. BOND PERFORMANCE. At the time of acceptance of this
franchise, the Company shall procure, and keep in force there-
after at all times during the period of this franchise, a corporate
surewperformance bond or maintain an escrow account acceptable
to the City in an amount not less than $10,000 conditioned upon
compliance with all the terms of this franchise and the reasonable
regulations by the City Council and conditioned upon the continued
supplying by the Company of an adequate and safe water supply to the
customers and users of the water system and upon the proper
maintenance, operation and upkeep of the system.
SECTION 12. RESTORATION. In case of any disturbance of pavement,
sidewalk, driveway, or other surfacing, resulting from the
maintenance, operation, or upkeep of the complete water system, the
Company shall at its own cost and expense and in a manner approved
by the City Engineer, replace and restore all paving, sidewalk
or driveway surface of any street or alley disturbed in as
good condition as before said work was commenced and shall
maintain the restoration in an approved condition for a period
of one year.
SECTION 13. RELOCATION. In the event that at any time during
the period of this franchise the City shall lawfully elect to
alter or change the grade of any street or alley or other public
way, the Company, upon reasonable notice by the City, shall remove,
re-Iay and relocate its pipes, tubing and other fixtures at its
own expense.
SECTION 14. COSTS. The Company shall pay to the City all reasonable
costs incurred by the City in examination of plans and specifi-
cations, policing construction, preparation of legal instruments
and documents and publication of this franchise.
SECTION 15. PREFERENTIAL OR DISCRIMINATORY PRACTICES PROHIBITED.
The Company shall not as to rates, charges, service facilities,
rules, regulations or in any other respect make or grant any
preference or advantage to any person, nor subject any person to
any prejudice or disadvantage; provided that nothing in this
franchise shall be deemed to prohibit the establishment of a
graduated scale of charges and classified rate schedules to which
any customer corning within such classification would be entitled.
SECTION 16. RATES - INITIAL. The Company shall be entitled to
charge water users a fair and reasonable rate for the furnishing
of water. Initial rates are established as follows:
$19.50 for the first 13,000 gallons used, plus -$1.00
for each one thousand gallons (or fraction thereof)
used thereafter. In addition to the metered charges
above, a trunk service charge of $20.00 per quarter
will be imposed against each user during the period
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that the water service agreement with the City of
Minnetonka remaining in effect.
SECTION 17. RATES - CHANGES. The rates above provided shall
continue during the term of this franchise unless and until a
change in costs makes it necessary for the Company to increase
rates in order for the Company to produce a reasonable return of
6% on unrecovered costs as provided in Section 21 hereof, or
unless and until a decrease in costs warrants a reduction in
rates so that the Company shall produce no more thaR a reasonable
return on its investment. If the Company desires to increase
rates as above provided, it shall file with the City Clerk, at
least 90 days prior to the date the grantee desires to have the
new rates become effective, a schedule of the proposed increased
rates. Such new rates shall become effective on the date
requested by the Company unless disapproved by the City Council
before such date. If the proposed rates are disapproved by
t~e Council, the rates then in effect shall continue in effect.
SECTION 18. HYDRANTS. The Company shall install and maintain
hydrants as part of its water distribution system for the purposes
of fire protection. Said hydrants may be used by the City in the
performance of its governmental functions without charge and as
a part of the consideration for the issuance of this franchise.
SECTION 19. REPORTS. The Company shall file with the City
Council annually a copy of its annual report for the preceeding
fiscal year, together with a balance sheet and income statement,
for the operation by the company under this franchise. At
the request of the City Council at any time, copies of income
tax returns filed with the Federal Government shall be furnished
by the Company to the Council.
SECTION 20. GRANT TO CITY - FORFEITURE. Upon the forfeiture as
provided in Section 23, the City at its election and without any
costs, shall have the right, power and authority to obtain and
take over the complete water system. Upon the exercise of this
option by the City by the service of an official notice upon
the Company to that effect, the Company shall immediately execute
such deeds or instruments of conveyance to the City as shall
be required to convey to the City title to the property in fee
simple, free from any and all liens and encumbrances. The
Company shall make it a condition of each contract entered into
by it with reference to operations under this franchise that the
contract shall be subject to the exercise of this option by the
City and that the City shall have the right to be substituted for
the Company as a party to any such contract and shall have the,
right to succeed to all privileges and obligations thereof at ltS
option.
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SECTION 21. SALE TO CITY, END OF TERM OR DURING TERM. At the
expiration of the term of this franchise or at any time during
the term of this franchise, the City at its election and upon
the payment of an amount as hereinafter provided, shall have
the right to purchase and take over the complete water system.
Upon the exercise of this option by the City by the service of an
official notice upon the Company to that effect, the Company
shall immediately execute such deeds or instruments of conveyance
to the City as shall be required to convey to the City title
to the property in fee simple, free from any and al~ liens and
encumbrances. The Company shall make it a condition of each
contract entered into by it with reference to operations under
this franchise that the contract shall be subject to the exercise
of this option by the City and that the City shall have the
right to be substituted for the Company as a party to any
such contract and shall have the right to succeed to all privileges
and obligations thereof at its option.
The amount to be paid by the City to the Company as provided in
this Section shall be based on the original estimated cost of
the Trunk Water Supply and Storage Facilities ($390,000.00)
amortized over the total anticipated water connections (300),
plus carrying charges, and shall be the sum of the two figures
obtained below:
b)
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The difference between 300 and the actual number \) J
of water connections completed on the date of the I U
city take-over, multiplied by $1,300.00;
A carrying charge on the figure obtained in a) abo
figured at the rate of ~% per annum from the date
of final acceptance of the Complete Water System by
the City to the date of the City take-over.
a)
It is understood that those components of the Complete Water
System previously constructed and installed other than the
Trunk Water Supply and Storage Facilities, will not be a subject .
f:::>r future assessment to the benefited property. W-A-.c/LtWI (lAt--' ~
SECTION 22. INSURANCE SYSTEM. The Grantee shall~ a~m~s
keep the water tanks, pumps, pump houses and other insurable
portion of the system or any part thereof, insured in an insurer
approved by the City Council against the perils of fire, wind-
storm and other coverages set forth in the standard extended
coverage endorsement, to the extent of the replacement costs
thereof, and shall file a certificate of such insurance with the
City Clerk. Such insurance shall be payable to the Grantee and
to the City as their interests may appear, and the Grantee shall
(p/
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be obligated to use the proceeds thereof for the repair or
replacement of the damaged or destroyed property, to the extent
necessary to so repair or replace such damaged or destroyed
property.
SECTION 23. FORFEITURE. Any violation by the Company, its
vendees, leasee, or successors of the provisions of this franchise
or any material portion thereof, or the failure to promptly
perform any of the provisions thereof, shall be cause of the
forfeiture of this franchise and all rights hereunder. Such
forfeiture shall be instituted only after written notice to
the Company by the City and a continuation of such violation,
failure or default. In addition thereto, any person, firm or
corporation violating any of the provisions of this Ordinance
shall be deemed guilty of a misdemeanor and punished accordingly.
Each day of such violation shall constitute a separate offense.
SECTION 24. EFFECTIVE DATE. The franchise and rights herein
granted shall take effect and be in force from and after the
final passage hereof as required by law, filing of acceptance
by the Company with the City Clerk and publication; and shall
continue in force and effect unless otherwise terminated for a
term of 10 years after the effective date of this franchise.
The City, at its sole option, shall have the right to renew
this franchise for an additional ten year period, in which event
the Company shall be required to perform the franchise under the
same terms and conditions as provided in this Ordinance and the
Amendments thereto. This franchise shall be deemed null and
void unless an acceptance has been filed within 14 days after
notification to the Company of passage.
Robert Rascop, Mayor
ATTEST:
City Clerk
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5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 . (612) 474-3236
MAYOR
Robert Rascop
COUNCIL
Jan Haugen
Tad Shaw
Kristi Stover
Robert Gagne
ADMINISTRATOR
Daniel J. Vogt
CITY OF
SHOREWOOD
MEMO TO:
FROM:
DATE:
SUBJECT:
MAYOR AND COUNCILMEMBERS
DAN VOGT
MA Y 2 ~, 1 9 8 5
STREET IMPROVEMENTS RECOMMENDATION
As a result of the Street Inspect'ion Survey which was done
on May 2 by members of the City Council and Staff, the
following streets are recommended as "top priority" for major
improvements in 1985:
(Certain Sections of)
Wedgewood Drive
Cathcart Drive
Cajed Road
Beverly Drive
Strawberry Lane is also in great need of repair. This will be
done as a maintenance item by the Public Works Department.
Engineer Norton will have more detailed information, including
cost estimates for the improvements, to discuss and review
with you at the meeting. Jim will also be prepared to discuss
sealcoating of certain streets on Monday night.
DJV:rd
A Residential Community on Lake Minnetonka's South Shore
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ORR.SCHELEN. MAYERON & ASSOCIATES. INC.
Consulting Engineers
Land Surveyors
May 22, 1985
City 0 f Shorewood .
5755 Country Club Road
Shorewood, MN 55331
Attn: Mr. Dan Vogt, Administrator
Re: Street Project #85-1
Dear Dan:
Attached is a copy of the street Cost Re-cap sheet for
Project No. 85-1. With this information we can discuss which
street should be done this year.
If you have any questions please call me.
Very truly yours,
ORR-SCHELEN-MAYERON
AND ASSOCIATES, INC
~P.~O~~
JPN:llr
2021 East Hennepin Avenue . StlJiJI,238 . Minneapolis, Minnesota 55413 · 612/331- 8660
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SHOREWOOD, MN.
STREET COST RE-CAP
PROJECT #85-1
3643
By: R. Cornell
22 May 85
LENGTH
OF
STREET STREET STREET TO STREET PROJECT COST
965' Cathcart Dr. W. 62nd St.-Beverly Dr. $ 94,000.00
920' Beverly Dr. Cajed Rd.-Cathcart Dr. $121,000.00
850 ' Cajed Rd. Beverly Dr.-Smithtown $121,000.00
475' Wedgewood Mallard La.-Cul-de-sac $117,000.00*
700' Cathcart Dr. Beverly Dr.-Afton Rd. $ 69,000.00
1030' Cathcart Dr. Afton Rd.-Smithtown $100,000.00
* Project cost includes "Sub-Drain-System"
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MEMO TO:
FROM:
DATE:
SUBJECT:
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CITY OF
SHOREWOOD
MAYOR
RobertR8ICOP
COUNCI L
..... Haugen
TMi Sh_
Krilti Stover
Robert Gegne
ADMINISTRATOR
Deniel J. Vogt
5755 COUNTRY CLUB ROAD . SHOREWOOD,MINNESOTA 55331 · (612) 474-3236
Mayor and Councilmembers
Dan Vogt
May 28, 1985
Hennepin County Group Insurance Program
As discussed at your meeting of May 13, a request for inclusion
in the Hennepin County Group Insurance program is part of your
May 28 Agenda. Below I will try to highlight the program.
HEALTH INSURANCE
The Hennepin County Group H.alth Insurance Program offers the
employee health insurance options. In 1985 the County offered
Group Health, Inc., MedCenters Health Plan, and Physicians Health
Plan (PHP). The County is hopeful that a fee-for-service carrier
will be part of the program in 1986, along with those carriers
listed above. Employees have the option to choose any insurance
program offered by the County that they feel best fits their needs.
LIFE INSURANCE
--------------
If the employees are a part of the health insurance program, they
must also belong to the County Life Insurance Program. The County
offers the same $10,000 basic life insurance coverage that the
City now offers. Dependent coverage is also offered.
COST
Based on 1985 figures, total cost to the City to belong to the
Hennepin County Group Insurance Program would be from approximately
$8.00 per employee per month less to approximately $26.00 per
employee per month more than our existing Health and Life Insurance
Program. The cost to the City for the most expensive options would
be approximately $215 per employee per month for family coverage as
compared to approximately $189.00 under the existing program for
coverage currently provided. A percentage increase should be added
to each figure above to sh~w 1986 costs. The County program showed
a 5'Yo in c r.e a s e in 1 985 . Hen n e pin Co un t y s u g g e s.t s us in g a 1 i kef i g u r e
for 1986 budgeting purposes.
A Residentia' Community on Lake MinnettJnka's South Shore
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Mayor and Council.ember.
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It i. my understanding that the City ha. attempted to be included
in the Hennepin County Group Insurance program in the past. I
received an indication from you, at your meeting on the 13th, that
this is.still your intent. I now feel that all of the necessary
information has been compiled and i. ready for submittal. If this
is your desire, I have attached a .ample resolution for approval.
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RESOLUTION NO.
RESOLUTION AUTHORIZING APPLICATION FOR PARTICIPATION IN
THE HENNEPIN COUNTY GROUP INSURANCE PROGRAM
WHEREAS, the City of Shorewood is ldesirous of participating
in the Hennepin County Group Insurance Program; and
WHEREAS, staff has prepared all of the necessary information
for submittal.
New THEREFORE BE IT RESOLVED, by the City Council of the City
of Shorewood as follows:
1. That the Shorewood City Council hereby authorizes submittal
of all of the necessary information required in making
application for participation in the Hennepin County Group
Insurance Program.
2. That inclusion in the program beings January 1, 1986.
Adopted by the City Council of the City of Shorewood this
day of , 1985.
Sandra L. Kennelly, City ClerK
MEMO TO:
FROM:
DATE:
SUBJECT:
.
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MA YOR
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
MA Y 28, 1985
EMERGENCY MUTUAL AID
Attached you will find a letter from the St. Louis Park City
Manager requesting adoption of a resolution (example also
attached) which would give the City Administrator or his
designee the authority to exercise discretion in dispatching
equipment and personnel in times of need within or without the
Shorewood City limits. It appears as though the main depart-
ments that would pertain to this request are Police and Fire.
However, this could apply to our Public Works Department in the
event of a natural disaster such as the clean-up after a tornado.
This matter has been discussed with both Rick Young and Glenn.
Neither sees a problem with this resolution. It must be kept
in mind that this does not commit our Public Works Equipment and
Personnel to anything. However, in the event of a disaster, it
might be beneficial to Shorewood to be a part of this group in
an instance when we need help, or we can help one of our neigh-
boring communities.
If you choose to participate, passage of a resolution substan-
tially the same as the attached resolution would be in order.
DVJ:rd
A Residential Community on Lake Minnetonka's South Shore
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MEMO TO:
FROM:
DATE:
SUBJECT:
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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
May 28, 1985
BILL FOR PLUMBING SERVICES
Attached to this memo you will find a copy of a bill that was
forwarded to the City from Mr. and Mrs. Stalland of 4995 Sussex
Place (Amesbury) in Shorewood. The Stalland's claim that be-
cause the water was shut off and later turned back on, their
faucets were caused to be plugged resulting in low water pres-
sure. The Stalland's then called Thompson Plumbing to come in
and clean the screens on their faucets, costing $44.95. The
Stalland's then sent the bill to the City claiming that we are
responsible.
The City received a copy of this bill several months ago. At
that time, I refused payment based on the fact that merely turn-
ing the water off and on should not have caused the faucets to
become plugged. I also received no other complaints in the area
of this problem. Last week, the City again received a copy of
the bill. A note was attached from the Stalland's stating:
"Please remit either directly to Thompson Plumbing or
else to me at Sussex Place. I will not be paying this
charge. If some action is not taken on your part, I
will have to refer the matter to my lawyers."
Since the Stalland's persist in their efforts, I feel it is now
the Council's decision on whether or not to pay. Attorney Fro-
berg and Engineer Norton will be prepared to further discuss
this matter at the meeting.
DJV:rd
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A Residential Community on Lake Minnetonka's South Shore
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ii thompson plumhinc
12201 Minnetonka Blvd.
Minnetonka, Minn. 55343
933-2521
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INVOICE
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JOB ADDRESS
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_. . 1In. SUllaact
SOLD ."5 ...ees
TO Sbo~.-aD4. .. 55331
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REC'O MAY 1 4 ~i
NO. 30854
DATE
12-25-1..
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..;;}t~:lPESCRI'Tl9Nr, .. ' . AMOUNT .
Cit:y t:arDe4 ...,. off a. houe., low pn.are
.vMD "ater ... t.lImed OIl f...t:. wen plD1J9*!
with ...... eta. . ...95
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BEnEA HEALTH THAU BEnEA PLUMBING
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
May 2, 1985
Sel-Mor Distributing Company
6520 West Lake Street
St. Louis Park, Mn. 55426
Attention: Al Lieberman
Dear Mr. Lieberman:
I was in contact with your office Wednesday, May 1, 1985 in
reference to obtaining copier supplies for our Sharp SF-825,
under the G.S.A. pricing. I was advised to direct a letter
to you to substantiate that as a incorporated City we do
qualify for G.S.A. pricing.
With your approval of this request, I would like to place an
order at this time.
Please ship in accordance with the enclosed invoice.
If you have any questions, please contact me at the City Hall,
474-3236.
Sincerely,
SANDRA L. KENNELLY,
City Clerk
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CITY OF SHOREWOOD
SLK:rd
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A Residential Community on Lake Minnetonka's South Shore