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CITY OF SHOREWOOD
REGULAR COUNCIL MEETING
TUESDAY, NOVEMBER 12, 1985
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~;:~JNCIL 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 7:32 P.M., Tuesday, November 12, 1985 in the City
Hall Council Chambers.
PLEDGE OF ALLEGIANCE AND PRAYER
Mayor Rascop opened the meeting with the Pledge of Allegiance and a
prayer.
ROLL CALL
Present: Mayor Rascop, Councilmembers Stover, Gagne, Haugen and Shaw.
Staff: Attorney Froberg, Engineer Norton, Administrator Vogt and
Clerk Kennelly.
APPROVAL OF MINUTES
Gagne moved, seconded by Haugen, to approve the minutes of the Regular
Council Meeting of October 28, 1985 as corrected. Motion carried unanimously.
PARK COMMISSION REPORT
The new member of the Park Commission, Carolyn Squires, reported on
the past Commission meeting. The Commission did an on site inspection
of the proposed new park by the Waterford project, to determine a plan
for that park.
WATERFORD BOND DISCUSSION
Dick Treptow, representing Springsted Inc., reviewed possible ways to
cover the $55,000 cost overrun on the Waterford project. This additional
expense of $55,000 excluding the bond, has been levied to special assess-
ments against the project.
Mr. Treptow explained four methods to cover this overrun:
..sHol/2.'l}~ 61 C
1. Cover the storage with funds from one of the other city funds.
2. Add to another bond improvement to cover overrun.
3. Issue a separate n~w bond to cover just the $55,000.
4. Issue a separate bond to ourself with surplus funds from other
debt funds.
Council asked various questions on when final project cost payments
would nave to be made and if money will be available to cover bond
payments. They questioned the effect prepayments would have on the
interest to be earned on the bonds.
I
lVlurI In .property
Mr. Murfin's attorney, Mr. Reutiman informed Froberg that the purchase
agreement has b~en s~gned by Mr. Murfin but the issue of the oil storage
~~nk removal belng hls responsibility has been crossed out. Council
thlrected Froberg to replace the removal of the storage tank back into
e agreement.
..
.
COUNCIL MINUTES
-3-
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NOVEMBER 12, 1985
ATTORNEY'S REPORT
Murfin Property - continued
A letter has been sent from the Fire Marshall giving Mr. Murfin 30 days
to remove the tanks. If this is not done, it is up to the city to
proceed with prosecution on the request of the Fire Marshall.
EXECUTIVE SESSION ~ 8:45 ~ 8:50
Council excused themselves to discuss the Naegele Litigation
ADMINISTRATIVE REPORTS
rJ~i ;_~~rewo~~,~.9_~s Water Extension
ftr1'O~~r(l,6l Ray Brandt- from' Shorewood Oa~s is currently drawing up a draft agreement
~~ for the extension of water service from the Boulder Bridge Well}( To
SHDe~oo.} OA-rs.
Beaver Complaint - Enchanted Island
Rascop reported that 6-7 trees a day are being cut down by beavers
on Enchanted Island. He would like to see a change in the Trapping
Ordinance to allow steel leg traps for this problem. The D.N.R. will
not come out and live trap because there is no good area to release
the animals due to overpopulation allover the state. Staff will
check the possibility of another source of live trapping and removal.
Met Council Task Force - Access on Lake Minnetonka
The Task Force is holding a meeting on November 13, 1985 and they
have requested cmmments from the lake cities regarding possible addi-
tional lake accesses. Rascop will be representing the LMCD and Vogt
will speak on behalf of Shorewood. Council directed Vogt and gave
him their opinions to relay to the Task Force.
M.W.C.C. Rate Structure
Two different
to Shorewood.
of $44,500 in
for a phasing
of $13,030 in
rate structures were provided, both would mean a savings
The "Basic" method would give an immediate large saving
1987. The second method "Recommended" would provide
or increasing savings each year with an immediate savings
1987.
Council directed Vogt to indicate support of the "Basic" method to
the M.W.C.C.
Mileage Rate Change and New Holiday
Due to the I.R.S. requiring reporting and maintaining records of
reimbursement for mileage paid at a rate over 21~ a mile, it has been
recommended to reduce mileage payments from the current 22~ a mile
to 21~.
.
-4-
.
NOVEMBER 12, 1985
COUNCIL MINUTES
ADMINISTRATIVE REPORTS
Mileage Rate Change and New Holiday - continued N~~~
A new holiday, Martin Luther King Day, will be in effect ~~~ year.
This holiday will be the 3rd Monday in January for all subsequent years.
Haugen questioned whether this holiday could replace a currently
observed day. Vogt stated that Columbus Day is the only holiday
that the City can have their offices open. He did state that Columbus
Day has been provided for in a two year contract for the union employees.
Gagne moved, seconded by Stover, to reduce the mileage reimbursement
to 21~ a mile, and to approve the 3rd Monday in January for observance
of Martin Luther King Day for 1986 and 1987, to be included in the
employee policy book. Motion carried - 5 ayes.
Liquor Store Public Hearing
Due to the loss of revenue in the Liquor Store two out of three years,
it is required by law to hold a public hearing to hear comments on
the issue of further operation of the stores. This hearing is scheduled
for November 25, 1985 in the Council Chambers.
MAYOR'S REPORT
Watershed Recommendation
Council directed Gagne, as the Watershed District Representative, to
strongly state disapproval in their new policies to loosen the regulations
on dredging of new we+land areas and the creation of new lakeshore.
This meeting will be held November 21, 1985 at 8:30 P.M. at the St.
Louis Park City Hall.
COUNCIL REPORTS
Pollution Control Rule Changes
A letter was received from Gen Olson requesting support in asking the
P.C.A. not to change their rules without the process of a public hearing.
Vogt will submit a letter to the P.C.A. supporting the need for public
hearings.
Snowmobile Ordinance
The Park Commission will be reviewing the snowmobile Ordinance for
possible revisions.
Christmas Lake Association
The association met on November 11th and discussed another offer of
a lake access site, a better site than the last location.
Police Committee Meeting
Shaw and Haugen have continued to attend Police Committee Meetings
discussing the terms of a new police contract. They continue to feel
that Shorewood should have some control equivalent to its contribution.
Haugen felt that the City is continually being treated like the "bad
guy" and she is beginning to believe it.
~ . ~
.
COUNCIL MEETING
-5-
.
NOVEMBER 12, 1985
COUNCIL REPORTS
Police Committee Meeting - continued
Due to articles in the paper and various reports from the committee,
Gagne feels that within the remainingl~ years of the contract, this
city should look at the possibilities of operating its own police
department. Because Shorewood has much more growth potential, and the
share of the police budget will continue to increase, this will be the
only way to have additional control of the funding and the department~,
instead of having other cities tell us how to spend our money. / /
Possible Local Government Aid Short Falls
The city has been informed of the possibility of a short fall of State
Aid Funding. Stover suggested that the staff begin looking at ways
to cover the loss of these funds. Rascop suggested allocating these
funds to special projects that could be dropped if funds are not available,
not to plan on it for general operations. Council would like to see
some alternative information submitted in January.
Water Extension Information
Joe Gorecki requested information on the cost to extend water to a pro-
posed project on Lake Linden Drive. Council directed the Engineer to
update cost figures from previous estimates for that extension.
APPROVAL OF CLAIMS AND ADJOURNMENT
Haugen moved, seconded by Gagne, to adjourn the Regular Council meeting
of November 12, 1985 subject to approval of claims for payment, at 9:52 P.M.
Motion carried unanimously - 5 ayes.
General Fund
Liquor Fund
(#00166)
(#00174)
Checks 31266-31337 = $ 91,701.45
Checks 4030- 4110 = $ 75,969.18
Respectfully submitted,
Mayor Rascop
Sandra L. Kennelly
City Clerk
.
.
NOTICE OF PUBLIC HEARING - CITY OF SHOREWOOD
NOTICE IS HEREBY GIVEN that the City Council of the City of Shorewood
will hold a Public Hearing at-7:45 PM on Monday, November 25, 1985 at
the Shorewood City Offices, 5755 Country Club Road, for the purpose of
discussing the operations of the Shorewood Municipal Off-Sale Liquor
Stores. Minnesota Statutes require that a City must hold a Public
Hearing on the question of continuing the operations of the Municipal
Liquor Stores within 45 days of the end of the fiscal year following
the end of a three-year period whereby the operations of the Municipal
Liquor Stores have shown a net loss in two of the three years.
Any and all comments, either written or oral, relative to continuation
of the Shorewood Municipal Liquor Stores will be heard at this time.
Dated this 1st day of November, 1985.
Daniel J. Vogt
City Administrator
Publish on November 7, 1985
-.5
,
.
.
.
MAYOR
Robert Raseop
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
MEMORANDUM
TO: PLANNING COMMISSION, MAYOR AND CITY COUNCIL
FROM: BRAD NIELSEN }1~
DATE: 5 NOVEMBER 1985
RE: AUBRECHT/SIEGEL - SIMPLE SUBDIVISION AND LOT WIDTH VARIANCE
FILE NO.: 405 (85.32)
BACKGROUND
Mr. Paul Aubrecht and Dr. Robert Siegel have requested approval of a simple
subdivision allowing them to rearrange the lot line between their properties,
located at 20575 and 20555 Radisson Road (see Site Location map - Exhibit A,
attached). As shown on Exhibit B, Mr. Aubrecht proposes to convey approximately
a 1,665 square foot triangle from his lot to Dr. Siegel.
Both properties are substandard in lot width for the R-1C zoning district in
which they are located. Since the division/combination results in reducing the
width of Mr. Aubrecht's lot even further, a lot width variance is necessary to
allow the lot line rearrangement.
The Siegel property is currently 69 feet wide at the building line and contains
approximately 5,881 square feet in area. The Aubrecht property is 94 feet wide
and contains 39,345 square feet in area. If approved the resulting lot sizes
would be: Siegel - 90 feet wide and 7,546 square feet; Aubrecht - 73 feet wide
and 37,680 square feet.
ANALYSIS/RECOMMENDATION
As can be seen on Exhibit B, the Siegel house is very close to the lot line.
The division/combination is intended to allow use of the west entry to the house
without encroaching on the Aubrecht property. The proposal would also provide
more useable yard space for the Siegel property.
A Residential Community on Lake Minnetonka's South Shore
o
,
PL,ANNING COMMISSION MEETING
November 19, 1985
SUMMARY OF MOTIONS
7:30 PM PUBLIC HEARING - SIMPLE SUBDIVISION AND LOT WIDTH VARIANCE
20555 and 20575 Radisson Road - Paul Aubrecht and Robert Siegel
Motion: Spellman moved, seconded by Watten to recommend approval to Council
subject to the recommendations in the Planner's report.
Motion passed unanimously.
7:45 PM PUBLIC HEARING - SETBACK VARIANCE AND VARIANCE TO EXPAND A NONCONFORMING
STRUCTURE
19425 State Highway 7 - Jim Winstead for Burger King
Motion: Spellman moved, seconded by Watten to ~ecommend to Council to deny the
variances.
Motion to deny failed by Roll Call Vote: Leslie/nay; Mason/nay;
Reese/nay; Watten/aye; Spellman/aye.
Reese moved, seconded by Mason to recommend approval of the variance
request to Council subject to the following recommendations:
1) That the addition to the east side not extend beyond the present
face of the building.
2) That the addition to the west side be covered with brick, the same
as the present building.
3) That the signage be brought into conformance with current requirements.
4) Establish a staff review of parking requirements for Council review.
And that the motion is contingent upon the requirement that parking
space be adequate for the number of seats available within the
restaurant plus the number of staff working there.
Motion to recommend approval to Council, based upon the above recommendations
passed by Roll Call Vote: Leslie/aye; Mason/aye; Reese/aye; Watten/nay;
Spellman/nay.
8:00 PM PUBLIC HEARING - CONDITIONAL USE PERMIT
22570 Murray Street - Michael Spear
Motion: Spellman moved, seconded by Reese to recommend approval to Council
subject to zoning requirements in reference to home occupations.
Motion passed unanimously by Roll Call Vote.
8:15 PM PUBLIC HEARING - SETBACK VARIANCE
5900 Boulder Bridge Lane - Landform
Motion: Spellman moved, seconded by Watten to recommend approval to Council
subject to recommendations in the Planner's report.
Motion passed unanimously.
lp
Planning Commission Meeting
November 19, 1985
MOTION SUMMARY
page two
SIMPLE SUBDIVISION
6065 Lake Linden Drive - Meridian Construction Company
Motion: Spellman moved, seconded by Watten to recommend approval to Council,
subject to provisions by the Planner and recommendations by the City
Attorney in reference to paragraph No. 9 of the Declaration.
Motion passed unanimously.
INFORMAL DISCUSSION - NEAR MOUNTAIN P.U.D.
Peter Pflaum presented a revised preliminary plat to the Commission which eliminates
the quadraminiums and increases the number of dwellings in other sections of the
project. They also propose some reconfiguration of parkland, redistribution of
living units, and improvement of on- and off- site traffic circulation.
Respectfully submitted,
Patricia Helgesen
Suite 300, Metro Square Building, St. Paul, Minnesota 55101
612291-6359
Meetings and Agendas
January 17, 1986
WEEK OF JAN. 20 - 24
NOTE: This publication contains a one-week list of meetings and agenda items
for the Metropolitan Council, its standing committees and advisory committees,
as well as similar information for the Regional Transit Board, the Metropolitan
Waste Control Commission and the Metropolitan Parks and Open Space Commission.
Meetings and agendas occasionally must be changed. To verify the meeting
schedule in advance, call 291-6464. Media should continue to call Ken Reddick,
291-6422, or Lynna Williams, 291-6511.
Management Committee - Tuesday, Jan. 21, 9 a.m., Council Chambers. The
committee will act on requests for contract approval for the Hwy. 7 corridor
study and for the annual Council audit. It also will act on the South Africa
investment issue. It will consider a proposed lease for the Council in the
Metropolitan Government Center.
Regional Transit Board Rideshare Committee - Tuesday, Jan. 21, 10:30 a.m.,
Council Conference Room E. The committee will review Minnesota Rideshare
management and advertising plans.
Metropolitan Systems Committee - Tuesday, Jan. 21, 11 a.m., Council Chambers.
The committee will act on the Metropolitan Waste Control Commission's 1986
capital budget guidelines for miscellaneous improvements and on lifting
conditions on approval of some projects. It will review a National Pollution
Discharge Elimination System Permit for an Independence and Greenfield sewage
collection system around Lake Sarah. It will discuss the Aviation chapter of
the Metropolitan Development Guide and the Lake Ann interceptor.
Metropolitan Waste Control Commission - Tuesday, Jan. 21, 2 p.m., Suite 350,
Metro Square Bldg., 7th and Robert Sts., St. Paul.
Waste Management Advisory Committee - Tuesday, Jan. 21, 2 p.m., Council
Chambers. The committee will act on the abatement fund expenditure report and
the Hennepin County solid waste designation ordinance. It will be briefed on
the solid waste market expansion report.
Public Hearing on the Aviation Chapter of the Metropolitan Development Guide -
Tuesday, Jan. 21, 7 p.m., Council Chambers. The public will have an
opportunity to comment on the Aviation Chapter, which describes the direction
investment in the Twin Cities aviation system should take through the year
2003.
Regional Transit Board (RTB) Policy Committee - Wednesday, Jan. 22, 5 p.m.,
RTB Board Room. The committee will hear an update on Interstate Hwy. 394.
It will also consider proposed taxicab legislation and the Minnesota Rideshare
survey results.
Metropolitan and Community Development Committee - Thursday, Jan. 23, 2 p.m.,
Council Chambers. The committee will act on a request for Council support on
the developmental disability community and family living amendments of 1985 to
Title XIX of the Social Security Act. It also will act on a plan for service
delivery for older people in Carver County, and hear a presentation on barge
fleeting.
Metropolitan Council - Thursday, Jan. 23, 4 p.m., Council Chambers. The
Council will hear the following committee reports:
Metropolitan and Community Development Committee: Reports on arts economic
impact study and the conclusion of arts access; the draft environmental impact
statement for the Mall of America/Fantasyworld; a request for Council support
on the developmental disabilities community and family living amendments of
1985 to Title XIX of the Social Security Act; plan for service delivery for
older people in Carver County.
Metropolitan Systems Committee: Metropolitan Waste Control Commission 1986
capital budget guidelines for miscellaneous improvements and lifting the
condition on approval for some projects; review of the National Pollution
Discharge Elimination System permit for an Independence and Greenfield sewage
collection system around Lake Sarah; the Regional Transit Board financial plan
for 1986-1987; development grant amendments and capital improvement program
amendments to Como Regional Park, Como Zoo and Como Conservatory in St. Paul;
report of the Governor's Airport Noise Task Force.
Management Committee: Request for contract approval for Hwy. 7 corridor
study; South Africa investment issue; proposed lease for the Council in the
Metropolitan Government Center.
Environmental Resources Committee: Permit application for Black Dog ash
storage and transfer area by Northern States Power Company; adoption of an
amendment to the Solid Waste Management Development Guide/Policy Plan and final
statement of findings and conclusions.
Chair's Report: Appointment to the Transportation Advisory Board.
Advisory Committee on Aging - Friday, Jan. 24, 10 a.m., Council Chambers. The
committee will hear a briefing on long-term care activities and a report on pre-
applications received. It will also consider its organizational structure for
1986.
.
.
Planning Corom., Mayor
and Council
5 November 1985
page two
It should be noted that the Aubrecht property is one of the largest lots in the
neighborhood, while the Siegel property is among the smallest. Also, despite
the reduction in width of the Aubrecht property, the lot widens considerably
where the two lots (12 and 13) are joined together.
Given these factors, the request is considered quite reasonable. It is therefore
suggested that the simple subdivision and lot width variance be approved subject
to the following:
1. The applicants must record the division and combination with Hennepin County
within 30 days of their receipt of the Council resolution approving the
request.
2. Mr. Aubrecht must submit a title op1n1on for his property to the City
Attorney for his review and approval.
BJN:ph
cc: Dan Vogt
Glenn Froberg
Jim Norton
Robert Siegel
Paul Aubrecht
Exhibit A
SITE LOCATION
Aubrecht/Siegel - simple subdivision and
lot width variance
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PROPOSED DIVISION/COMBINATION
.
.
.
MAYOR
Robert Rascop
COUNCI L
Jan Haugen
Tad Shaw
Kristi Stover
Robert Gagne
ADMINISTRATOR
Daniel J. Vogt
f
. .'
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474.3236
MEMORANDUM
TO: PLANNING COMMISSION~ MAYOR AND CITY COUNCIL
FROM: BRAD NIELSEN
DATE: 7 NOVEMBER 1985
RE: BURGER KING - VARIANCE TO EXPAND A NONCONFORMING STRUCTURE
AND SETBACK VARIANCE
FILE NO.: 405 (85.33)
BACKGROUND
Mr. Jim Winstead proposes to add on to his existing Burger King building~ located
at 19425 State Highway 7 (see Site Location map - Exhibit A, attached). He
intends to add a "solarium" type of seating area to the northeast corner of the
building and an outside walk-in cooler to the west side of the building (see
Site Plan - Exhibit B~ attached).
The existing building is a nonconforming structure by Shorewood's current zoning
standards. Specifically~ the building encroaches into the 30 foot setback for
front yards and side yards abutting streets in the C-3 district. Section 200.03
Subd. 1 b. very clearly specifies that nonconforming structures shall not be
"...enlarged extended or structurally altered...". Consequently~ the applicant
has requested variances to expand a nonconforming commercial structure and to
encroach into required front and side yards.
According to his application the proposed improvements will allow him to create
an employee break room and satisfy the Burger King corporate image requirements.
ISSUES AND ANALYSIS
While provisions in Shorewood's current Zoning Ordinance relative to nonconformities
have not changed significantly from the previous Ordinance~ substantial changes
have been made regarding standards for commercial development. Whereas the
previous Ordinance required no building setbacks from the street for commercial
property, the new Ordinance requires a 30 foot open space between street and
building. This change was consciously made in an attempt to upgrade commercial
development in the community by reducing overcrowded appearance and providing
A Residential Community on Lake Minnetonka's South Shore
I
.
.
Planning Commission
Mayor and Council
7 November 1985
page two
room for landscaping. It is important to remember that the area in which
Burger King is located has often been cited as having an overcrowded and visually
cluttered appearance due to oversized signage, lack of setback area, truck parking
etc.
The nonconformity prov~s~ons within the Ordinance are intended to allow noncon-
formities to remain as they currently exist ("grandfathered in") but not allow
changes which might prolong the life of the nonconforming structure. It is
clearly the intent of these provisions that nonconformities should eventually
be brought into conformity with Shorewood's zoning requirements.
In reviewing the expansion of commercial buildings, attention must be paid to
onsite parking. As of this writing, floor plans of the building are not
available, so proper evaluation of their compliance with current parking require-
ments can not be made. I will attempt to have this information available to the
Planning Commission on 19 November.
If the City is inclined to grant variances for expansion of nonconforming commercial
structures, serious consideration should be given to bringing other elements of
the site, which may not comply with zoning requirements, into compliance. In this
regard, the City may wish to evaluate existing signage. According to plans in our
files, and based upon the current sign requirements, the site exceeds the
allowable amount of signage. The site currently displays three business signs -
two wall signs and a large freestanding sign. The total area of these signs is
approximately 256 square feet. Since the site is allowed signage in the amount
of 10 percent of the building silhouette as viewed from the street (total area
is approximately 1,722 square feet), they exceed the allowable signage by 84
square feet. Any expansion of the building should require that signage be brought
into compliance with current standards.
RECOMMENDATION
With the exception of excess signage, Burger King is not considered to be one of
Shorewood's problem commercial sites. However, whatever decision is made on this
request will affect the City's decisions on other sites. Given the problems with
several of our commercial properties, it is not felt that the City can afford to
weaken its position on nonconformities. It is also considered very important for
the City to remain consistent relative to open space requirements for commercial
development. As a consequence, it is suggested that the variances be denied.
If the City disagrees with this recommendation, it is strongly recommended that
the variances be granted only if compliance with parking can be achieved and
signage is brought into conformance with current requirements.
BJN:ph
cc: Dan Vogt
Glenn Froberg
Jim Norton
Jim Winstead
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SITE LOCATION ~
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SITE PLAN
Proposed additions shown shaded
BURGER
Exhibit C
PROPOSED ADDITION
Northeast corner of building
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Consider the ICS Outside
Walk-in Solution...
Outside economy - Inside convenience!
Ies Outside Walk-ins are ideal for remodeling or expansion
projects because they make room, instead of using it up. And
they make it without complicated new construction!
With an IeS Thru-the-Wall installation, your outside storage
space becomes an integral part of your inside operation..
again, without sacrificing valuable interior floor space. The
IeS concept is your most cost-effective way to free up inside
space while still retaining
.~ convenient access to your
walk-in storage.
IeS can meet any walk-in
requirement whether it's a
freezer, cooler. dry storage, or
any combination of the three.
And because res Outside
Walk-ins are delivered from
the factory ready-to-operate,
you can start operations right
away - without time
consuming delays for
assembly and installation!
Whatever your space
requirements, IeS has
an Outside Walk-in to fit...
totally factory constructed
and delivered ready-to-
operate. You'll reap big
savings on commercial
construction costs.
~~I New ICS
LC Jr"Dual-Temp WI.B.
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Remove SlORAGE ROOM L
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The BK-l and BK-22.
floorplans at right show
only a sample of the many
different walk-in
configurations available
from Tr:S.
BK-1 Kitchen Remodel
New ICS WI.B. w/Cooler,
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, ~., S ,--t-- Vesti,bule and Rear Store
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Exhibit D
PROPOSED ADDITION
West side of building
.
.
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
MEMORANDUM
TO:
FROM:
PLANNING COMMISSION, MAYOR AND CITY COUNCIL
BRAD NIELSEN .'1~
DATE: 6 NOVEMBER 1985
RE: SPEAR, MICHAEL - C.U.P. FOR GARAGE SPACE EXCEEDING 1,000 SQUARE FEET
FILE NO.: 405 (85.34)
BACKGROUND
Mr. Michael Spear has requested a conditional use permit pursuant to Section
200.03 Subd. 2 d. of the Shorewood Zoning Ordinance, allowing him to exceed
1,000 square feet of area for accessory buildings. The property in question is
located at 22570 Murray Street (see Site Location map - Exhibit A, attached),
and is zoned R-1C, Single-Family Residential.
The applicant proposes to construct a 367.5 square foot addition onto his existing
garage which contains 760.5 square feet, resulting in a total of 1128 square feet
of area. Details of the proposed addition are provided in the following exhibits:
Exhibit B - Applicant's Request Letter
Exhibit C - Property Survey
Exhibit D - Proposed Floor Plan
Exhibit E - Proposed Elevations
ANALYSIS/RECOMMENDATION
Upon review of the applicant's plans, they have been found to comply with the
requirements of the Shorewood Zoning Ordinance, specifically:
A. Setback and building height requirements of the R-1C district have been met.
B. The total area of accessory space will not exceed the 1250 square foot
"footprint" of the existing house.
A Residential Community on Lake Minnetonka's South Shore
Q
.:::>
.
.
Planning Corom., Mayor
and Council
6 November 1985
page two
C. The area of accessory space is far less than 10 percent of the lot area.
D. The architectural character of the proposed addition is consistent, not
only with the existing garage, but also with the principal structure on
the property.
Considering the above, it is suggested that the C.U.P. be granted as proposed.
While the use of the proposed building is not in question at this time, the C.U.P.
should specify that it is for residential use only, and that if the structure is
intended to be occupied in the future by any type of home occupation, it must
comply with the regulations of the Shorewood Zoning Ordinance.
BJN:ph
cc: Dan Vogt
Glenn Froberg
Jim Norton
Michael Spear
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SITE LOCATIO~. al use perm1t
cond1t1on
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October 5, 1985
Brad Nielson
City of Shorewood
5755 Country Club Road
Shorewood, MN 55331
Dear Brad:
Please find enclosed copies of site plans, floor plans and
elevations for the proposed addition to our existing garage.
The proposed garage addition will bring the total square
footage of accessory buildings on our property to 1127 SF.
Our lot size is 123595 SF and our house floor plan size is
1250 SF. This information is also shown on the garage floor
plan drawing.
Also enclosed is a check, in the amount of $200.00, to cover
any expenses related to the issuance of the conditional use
permit that we require. Please return any unused portion of
this check to me at the address shown below.
Thank you.
Sincerely,
-r",~~-S~
Michael S. ~ear
22570 Murray Street
Shorewood, MN 55331
Phone 474-4431
Exhibit B
APPLICANT'S REQUEST LETTER
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PROPERTY SURVEY
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I hereby certify that this is a tru~ and
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Auditor's S~bdlvision N~be~ 1:5, H~nncpir.
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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
FROM:
PLANNING COMMISSION, MAYOR AND CITY COUNCIL
'..)
BRAD NIELSEN .1rt
DATE: 6 NOVEMBER 1985
TO:
RE: LANDFORM - SETBACK VARIANCE
FILE NO.: 405 (85.35)
BACKGROUND
Tom Wartman, representing Landform, Inc., has requested a 20 foot rear yard
setback to build an enclosed swimming pool at 5900 Boulder Bridge Lane (see
Site Location map - Exhibit A, attached). As shown on Exhibit B, the proposed
structure will be located at the rear of the existing house, 30 feet from the
rear lot line.
As you are aware Boulder Bridge Farm is zoned P.U.D., Planned Unit Development.
~hile several lots within the project were allowed setback reductions as part
of the development agreement between the developer and the City, the majority of
the lots are subject to the requirements of the R-1A district (previously the
R-1 district). As such, the rear yard setback requirement is 50 feet.
According to the applicant, the site plan for the existing house was designed
to accommodate an outdoor swimming pool. Outdoor pools are only required to
meet 60 percent of the required rear yard setback for any given residential
district. The prospective buyer for the house wants an indoor pool (see
Exhibits C and D), the structure for which must comply with the 50 foot
requirement.
ISSUES AND ANALYSIS
It is important to understand that it is very difficult to demonstrate "hardship"
for a swimming pool. Nevertheless there are several factors in the Landform
request which suggest that the request may be reasonable.
A Residential Community on Lake Minnetonka's South Shore
q
.
.
Planning Commission,
Mayor and Council
6 November 1985
page two
A. The lot is part of a P.ll.D. in which a certain amount of flexibility can
be afforded. Setback reductions can be justified, to a degree, by the
amount of common area which has been set aside to create more effective
open space. With this in mind, several lots in the Boulder Bridge
development have been granted various setback reductions as part of the
development agreement between the developer and the City.
B. Perhaps the overriding factor in this request is the fact that the lot in
question is one of the lots that was allowed a setback reduction. Since it
is a corner lot, which requires large setbacks on three sides, the lot was
allowed a 35 foot front setback rather than the normal 50 feet. The
developer chose to keep the building back at the 50 foot setback in order
to maintain the continuity of open space from the common areas in the
center of the project, along the street leading into the second phase lots.
This suggests a tradeoff. If the variance is granted, the development
agreement should be amended to require that the 50 foot setback on Boulder
Bridge Lane be maintained. In doing so, nearly the same amount of open
space is maintained on the site. It simply exists at the front of the lot
rather than the rear.
C. The lot in question is completely interior to the development, thereby
only affecting Boulder Bridge residents. To a degree, their interests are
protected by the architectural review committee for the project.
D. The two adjoining lots (17 and 19) are vacant and owned by Landform. Anyone
building on these lots will be aware of the reduced setback prior to
purchasing the lots.
E. The protective covenants for Boulder Bridge Farm cite a m~n~mum rear yard
setback within the project of 30 feet. While this is inconsistent with the
development agreement, it does tend to mitigate the concern that area residents
have relied on a 50 foot rear yard setback when purchasing lots in Boulder
Bridge. Presumeably those concerned about the variance will voice their
concerns at the public hearing.
RECOMMENDATION
Based upon the preceding analysis the Landform variance request is considered
reasonable. So as not to set an undesireable precedent relative to enclosed
swimming pools, it is recommended that the Council resolution approving the
request should clearly state the factors addressed herein. Also, the approval
should be contingent on the developer signing an amendment to the development
agreement, reducing the rear yard setback for Lot 18 and increasing its front
yard setback back to 50 feet.
cc: Dan Vogt
Glenn Froberg
Jim Norton
Tom Wartman
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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
MEMORANDUM
TO:
PLANNING COMMISSION, MAYOR AND CITY COUNCIL
FROM:
BRAD NIELSEN
.~
DATE: 6 NOVEMBER 1985
RE: MERIDIAN CONSTRUCTION - SIMPLE SUBDIVISION OF A TWO-FAMILY
RESIDENTIAL LOT
FILE NO.: 405 (85.36)
BACKGROUND
Meridian Construction Company, Inc., on behalf of Harold~)ohnsen, proposes to
build a "zero lot line" two-fami ly dwell ing on Mr. Johns-en' s property located at
6065 Lake Linden Drive (see Site Location map - Exhibit A, attached). The
request requires a simple subdivision and is subject to the requirements of
Section 200.03 Subd. 16 of the Shorewood Zoning Ordinance.
The property in question is zoned R-3A, Multiple-family Residential, in which
two-family dwellings are listed as permitted uses. The lot contains approximately
24,380 square feet of area. The proposed unit lots, as shown on Exhibit B,
would contain 11,379 and 13,001 square feet.
Land use and zoning surrounding the subject property are as follows:
North:
East:
South:
West:
Single-family residence, zoned R-3A
Single-family residence, zoned R-1C
Vacant land, zoned C-3
Vacant land, zoned R-2A
ANALYSIS/RECOMMENDATION
The applicant's plans are in compliance with the requirements of the Shorewood
Zoning Ordinance, specifically:
A. The base lot contains 24,390 square feet of area, 4,380 square feet more
than the minimum lot size required in the R-3A district.
A Residential Community on Lake Minnetonka's South Shore
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SITE LOCATION
Meridian Construction - simple
subdivision of a two-family lot
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DECLARATION AND COVENANTS
ESTABLISHING PARTY WALL
This Declaration establishing, granting and providing
for the maintenance of a party wall, is made this day
of
, 1985, by
(hereinafter
referred to as WgrantorW);
WITNESSETH:
WHEREAS, the undersigned grantor is the fee owner of
the real estate described on Exhibit wAw attached hereto,
(hereinafter referred to as wpremisesW) situated in the City of
Shorewood, county of Hennepin, State of Minnesota, and:
WHEREAS, there now or hereafter will exist upon said
premises, a one story frame building to be used and constructed
as a duplex residence to be known as
Lake Linden Drive,
Shorewood, Minnesota; and
WHEREAS, in the construction of said duplex residence,
there is or will be a common wall dividing and separating said
residence into two distinct duplex units (hereinafter referred
to as wunitsW); and
WHEREAS, it is the intention of the undersigned
grantor to subdivide the aforedescribed real estate into two
separate and distinct parcels which will be legally described as
follows, to wit:
parcel One:
Exhibit C-l
MAINTENANCE AGREEMENT
.
.
parcel TWO:
WHEREAS, upon completion of the subdivision of the
premises into two separate parcels, the common wall dividing
said duplex units will rest on the property line dividing the
premises; and
WHEREAS, it is the intention of the undersigned
grantor to hereby declare, create and establish as a party wall,
the common wall dividing said duplex units and to create in
favor of each owner of said duplex units, reciprocal easements,
rights and duties for the use, maintenance and enjoyment of said
party wall and to create protective covenants relating to the
maintenance and exterior appearance of said units.
NOW, THEREFORE, the undersigned grantor for the
purpose of establishing and declaring a party wall between the
aforesaid duplex units on said premises and for the further
purposes above set forth, does hereby declare and establish the
following conditions, restrictions and covenants and does hereby
state as follows:
1. That certain common wall dividing the aforesaid
duplex units and resting on the property line which subdivides
the aforedescribed premises shall hereafter become, remain and
be maintained as a party wall and as the common property of the
owners of each of said duplex units, their respective heirs,
-2-
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.
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assigns and grantees, and to the extent not inconsistent with
the provisions of this Declaration, the general rules of law
regarding party walls and of liability for property damage due
to negligence or willful acts or omissions shall apply thereto.
2. This declaration and the covenants and easements
herein created are and shall be perpetual and construed as
covenants running with the land so long as the party wall
continues to exist and shall bind and inure to the benefit of
the undersigned grantor, his heirs, successors, assigns and
grantees. The rights created by this Declaration, including the
right of any owner to contribution from any other owner, shall
be appurtenant to the parcel and shall pass to such owners'
successors in title.
3. This declaration and the covenants, easements and
terms herein contained may be amended only by unanimous written
agreement signed by all of the then owners of each unit.
4. In the event of damage or destruction of said
party wall from any cause, any owner who has used the wall may
restore it and shall have an easement over the adjoining
property for purposes of making such restoration, the expense of
repair or rebuilding of said wall shall be borne equally by the
owners of each of the duplex units and whenever the party wall
or any portion thereof shall be rebuilt, it shall be erected on
the same place where it stands and be of the same size as of the
date hereof unless otherwise agreed upon by all of the then
owners of said duplex units. Nothwithstanding the foregoing,
however, one owner may call for a larger contribution from the
-3-
C-3
.
.
other owner under any rule of law regarding liability for
negligence or willful acts or omissions.
5. Notwithstanding any other provision of this
Declaration, any owner who by his negligent or willful act,
causes any party wall to be exposed to the elements or excessive
heat or cold shall bear the whole cost of furnishing the
necessary protection against such elements or heat or cold, and
of repairing the party wall from damage caused by such exposure.
6. If any portions of a house or unit upon one of the
parcels shall actually encroach upon the other parcel, or if any
such encroachment shall hereafter arise from settling or
shifting of the building or other cause, there shall be deemed
to be an easement in favor of the owner of the encroaching house
or unit or improvement to the extent of such encroachment so
long as the same shall exist.
7. Each owner of a parcel agrees to indemnify and
hold harmless the owner of the adjoining parcel for any
mechanic's liens arising from work done or materials supplied to
make repairs or replacements for which the indemnifying owner is
responsible.
8. Any owner shall have the right to enforce by any
proceeding at law or in equity or both all the terms and
provisions of this Declaration. Enforcement shall be by
proceedings at law or in equity against any person or persons
violating or attempting to violate any covenant either to
restrain violation or to recover damages.
9. In the event of damage to or destruction of one or
-4-
C-4
.
.
both of said duplex units, the expenses of repairing and/or
rebuilding of each respective unit and the determination of
whether or not to repair or rebuild said unit shall be the sole
responsibility of the owner of that respective unit. The
expense of repair or rebuilding of the party wall itself shall
be as set forth in paragraph 4 above.
10. Each owner of the duplex units shall have the
right to break through or into the party wall for the sole
purpose of repairing or restoring sewerage, water, or utilities,
subject to the obligation to restore said wall to its previous
condition at his own expense.
11. No persons shall have the right to add to or
detract from the party wall in any manner whatsoever without the
consent of the owners of both of said duplex units, it being the
intention that the party wall shall at all times remain in the
same condition as when erected.
12. No modification affecting the bulk of either of
the duplex units nor any disposition of the party wall shall be
made without obtaining the prior written consent of the c:it:Y
council of the City of Shor~wo04.
13. The owners of each respective parcel or lot as
legally described above will be solely responsible and liable
for the care, maintenance and upkeep of the grounds comprising
their parcel or lot, and said owners shall be solely responsible
and liable for the costs and expenses of maintaining and
repairing the duplex unit which is situated on their respective
parcel or lot, and both of said owners shall be required to keep
-5-
C-5
.
.
and maintain both their parcel (lot) and their unit in good
condition and repair.
14. The owner of each unit shall maintain the
exterior appearance of his unit and of his parcel (lot) in
harmony with the appearance of the other unit and lot. The
exterior design and appearance of one unit shall not be changed
or altered except simultaneously with a similar and harmoneous
change or alteration to the other unit and lot.
15. The exterior painted surfaces of the two units
shall be at all times painted identically. Any proposed change
in the exterior colors must first have the unanimous consent of
the owners of both units.
16. The roof of the two units shall be maintained in
the same color, style, and quality of roofing material. Any
proposed change thereof must first have the unanimous consent of
the owners of both units.
17. If any question or difference shall arise between
the owners of said duplex units as to the construction of this
declaration or as to the amount to be paid by either party
hereunder, or as to any matter relating to the party wall or any
repairs or rebuilding thereof, the same shall be referred to
three arbitrators, one each to be appointed by the owners of
each unit, and a third to be chosen by the two thus appointed
and a decision by the majority of them shall be final as to such
question.
IN TESTIMONY WHEREOF, the undersigned owner has caused
this declaration and the covenants contained herein to be
-6-
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.
.
executed in his name the day and year above first written.
STATE OF MINNESOTA )
) SSe
COUNTY OF HENNEPIN )
On this
notary public within
appeared
person described in and
his free act and deed.
day of , 1985, before me a
and for said county, personally
to me personally known to be the
who executed the foregoing instrument as
Notary public
-7-
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· LUnDGREn ·
BROSCONSTRUCTION
. INC.
935 EAST WAYZATA BOULEVARD. WAYZATA, MINNESOTA 55391 . (612) 473-1231
November 5, 1985
Shorewood City Council
c/o Brad Nielsen
5755 Country Club Road
Shorewood, Minnesota 55331
Honorable Mayor & Councilmembers:
Lundgren Bros. herewith respectfully requests approval by Shorewood
to construct a 41 x 81 subdivision sign at the corner of Covington
Road and Vine Hill Road on the Near Mountain property. The purpose
of this sign, as the attached rendering demonstrates, is to direct
prospective homebuyers to Trappers Pass, a mid-to-upper price bracket
single family phase of the Near Mountain project. The sign is
needed because of the great size of our property (over 300 acres).
As the crow flies, it is almost two-thirds of a mile from the Vine
Hill-Covington intersection to the entrance to Trappers Pass --
too far for any development activity to be visible.
With the building and marketing activity which is now occurring on
Covington Road, for us not to communicate the proximity of Trappers
Pass, upon which media dollars are already being spent, would be
foolish.
As you are probably all aware, the first phase of Near Mountain-
Shorewood will soon be presented for your approval. Our revised
Preliminary Plan has been discussed before the Parks Commission
(November 4th) and will undergo informal review by the Planning
Commission on November 19th. With your assistance, we should be
building homes in Shorewood this coming year.
In the meantime, we ask that you permit us to participate in the
excitement which the development of southeast Shorewood has already
generated. Near Mountain is unusual for its large size and the fact
that it lies in two municipalities -- but it is one project.
.
.
November 5, 1985
Shorewood City Council
Page 2
To the extent that our sign will contribute to the perception of
the area's appeal and vitality and to the momentum of the Near
Mountain project, Shorewood will benefit from it.
Respectfully submitted,
~~os.
\J!~
Peter Pflaum
President
CONSTRUCTION, INC.
PP/md
enclosures
.
Construction:: Painted plywood within 4" x 6" frame.
Dimensions: 51 x 111
Message Area:. 41 x 81 (message on both sides).
Illumination: none
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_OND DRAFT
ORDINANCE NO.
AN ORDINANCE PERTAINING TO DISPOSAL
OF GARBAGE, RUBBISH, AND TRASH, AND
ESTABLISHING CONDITIONS FOR LICENSING COLLECTORS OF SAME
The City Council of the City of Shorewood does ord~in:
CHAPTER 406. REFUSE COLLECTION AND DISPOSAL
406.01. DEFINITIONS.
subd. 1. Words and Phrases. For the purposes of this
ordinance, the following words and phrases have the
meanings given them in this section.
subd. 2. Garbage means organic waste resulting from the
preparation of food and decayed and spoiled food from
any source.
subd. 3. Recyclables include paper, plastic, tin cans,
aluminum, motor oil, glass, and other metal goods,
each separated or otherwise prepared so as to be
acceptable to the recycling center where they are to
be deposited.
subd. 4. Rubbish means inorganic solid waste such as tin cans,
glass, paper, ashes, sweepings, etc.
subd. 5. Refuse includes garbage and rubbish.
406.02. GENERAL REGULATIONS.
subd. 1. Unauthorized Accumulation. Any unauthorized
accumulation of refuse on any premises is a nuisance
and prohibited.
subd. 2. Refuse in Streets, etc. No person shall place any
refuse in any street, alley, or public place or upon
any private property except in proper containers for
collection. No person shall throw or deposit refuse
in any stream or other body of water.
subd. 3. Scattering of Refuse; Composting. No person shall
bury any refuse in the City except in an approved
sanitary landfill, but leaves, grass clippings, and
easily biodegradable, non-poisonous garbage may be
/<.1
I tL_
.
.
composted on the premises where such refuse has been
accumulated. Garbage may be composted only in a
rodent-proof structure and in an otherwise sanitary
manner and after the Council gives its approval to
such composting after it finds that the composting
will be done in accordance with these standards.
406.03. DISPOSAL REQUIRED.
Every person shall, in a sanitary manner, dispose of refuse that may
accumulate upon property owned or occupied by him. Garbage shall be
collected, or otherwise lawfully disposed of, at least once each week
during the entire year.
406.04. CONTAINERS.
subd. 1. General Requirement. Every householder, occupant, or
owner of any residence and any restaurant, industrial
establishment, or commercial establishment shall
provide on the premises one or more containers to
receive and contain all refuse which may accumulate
between collections. All normal accumulations of
refuse shall be deposited in such containers. Leaves,
trimmings from shrubs, grass clippings, shavings,
excelsior, and other rubbish of similar volume and
weight may be stored in closed containers not meeting
the requirements of subd. 2.
subd. ~1. . ;J
r . \jV {tVD
.rl "~
1ft if 0
subd. 3.
Container Requirements. Each container shall be
water-tight, impervious to insects and rodents,
fireproof, and shall not exceed 32 gallons in
capacity, except that any commercial or business
establishment having refuse volume exceeding two cubic
yards per week shall provide bulk or box-type refuse
storage containers of a type approved by the City.
Containers shall be maintained in good and sanitary
condition. Any container not conforming to the
requirements of this chapter or having ragged or sharp
edges or any other defect likely to hamper or injure
the person collecting the contents shall be promptly
replaced after notice by the City.
Placement. Where an alley open to traffic is
available, each container for premises abutting the
alley shall be placed at the rear of the property next
to the alley. Where no alley exists, the container
shall be placed at the rear door of the building to
which it relates. In that case, the container shall
.
.
be placed at the front property line for collection
but it shall not be so placed before 7:00 p.m. the
night before collection and shall be removed by 7:00
p.m. the day of collection.
SUbd.~
Use of Containers. Refuse shall be drained of liquid
and household garbage shall be wrapped before being
deposited in a container. Highly inflammable or
explosive material shall not be placed in containers.
406.05.
COLLECTORS LICENSE REQUIRED
subd. 1.
License Required. No person shall permit refuse to be
picked up from his premises by an unlicensed
collector.
subd. 2.
Application. Any person desiring to be licensed as a
collector shall make application to the City Clerk on
a prescribed form. The application shall set forth:
a. the name and address of the applicant;
b. a description of each piece of equipment
proposed to be used in the collection;
c. The proposed charges to be made of those who
use the service;
d. a description of the kind of service
proposed to be rendered;
e. the place to which the refuse is to be
hauled;
f. the manner in which the refuse is to be
disposed of.
subd. 3.
Insurance. No license shall be issued until the
applicant files with the clerk a current policy of
public liability insurance covering all vehicles to be
used by the applicant in the licensed business. The
limits of coverage of such insurance are:
a. each person injured, at least $100,000;
b. each accident, at least $500,000;
c. property damage, at least $25,000.
.
.
subd. 4. License Fees. Licenses shall be issued for a period
of one year. The license fee shall be established by
Council resolution from time to time.
406.06. REFUSE COLLECTION SCHEDULE.
Each licensee shall collect refuse from premises for which he has a
collection contract according to the following minimum schedule:
daily from hotels, restaurants, and other premises, which in the
judgment of the City require such collection, and weekly from
residences and other premises. No refuse shall be collected before
6:00 a.m. or after 7:00 p.m. of any day.
406.07. COLLECTION VEHICLES.
Every refuse collection vehicle shall be lettered on the outside so
as to identify the licensee. Every vehicle used for hauling garbage
shall be covered, leak-proof, durable, and of easily cleanable
construction. Every vehicle used for hauling refuse shall be
sufficiently airtight, and so used as to prevent unreasonable
quantities of dust, paper, or other collected materials to escape.
Every vehicle shall be kept clean to prevent nuisances, pollution, or
insect-breeding, and shall be maintained in good repair. Enclosed "A~
refuse vehicles shall not be driven upon residential property,~~
including driveways, and shall be confined to public streets, ~
roadways, and alleys and to commercial parking lots and driveways n.^^
where authorized by the owner. This provision shall not apply to 3/4~~
ton pickups used as auxiliary vehicles engaged in picking up refuse
and placing it in enclosed vehicles. Such 3/4 ton pickups shall not
be filled to such a height that refuse spills therefrom; any refuse
spilled or dropped shall be immediately picked up.
406.08. WEIGHT RESTRICTIONS PERTAINING TO COLLECTION VEHICLES.
All collection vehicles shall be subject to the weight restrictions
imposed by Shorewood Ordinance No.
406.09. PENALTY.
Any person who shall violate any provision of this Ordinance shall be
guilty of a misdemeanor.
406.10. EFFECTIVE DATE.
This Ordinance shall be in full force and effect from and after its
passage and publication according to law.
.
.
Adopted by the City Council of the City of Shorewood this ____ day
of , 1985.
CITY OF SHOREWOOD
Mayor
ATTEST:
City Clerk
. -
.
. FIRST DRAFT
ORDINANCE NO.
AN ORDINANCE IMPOSING WEIGHT RESTRICTIONS UPON
THE USE OF STREETS AND HIGHWAYS WITHIN THE
CITY OF SHOREWOOD, MINNESOTA,
AND IMPOSING PENALTIES FOR VIOLATIONS THEREOF
The City Council of the City of Shorewood does ordain:
CHAPTER 704. WEIGHT RESTRICTIONS ON CITY STREETS
704.01. The purpose of this ordinance is to preserve the condition
of the public streets within the City of Shorewood from serious
damage and destruction by the excessive use of the streets by trucks
and other heavily laden vehicles, to reduce the amount of loss and
expense to the taxpayers of the City for street maintenance, and to
reduce the amount of dirt, noise and other undesirable conditions
created by such traffic.
704.02. GROSS WEIGHTS EXCEEDING 8,000 POUNDS UNLAWFUL EXCEPT ON
CERTAIN STREETS
It shall be unlawful for any vehicle or combination of vehicles at
any time to operate upon the streets or highways within the City with
a gross weight of any single axle exceeding 8,000 pounds except as
follows:
subd. 1.
Such street or highway is specifically exempted from
the provisions of this Section by the provisions of
Section 704.05 or
subd. 2.
The owner of such vehicle or combination of vehicles
has first obtained from the Director of Public Works a
permit setting forth the route or routes, the period
of time, and the conditions under which such vehicle
or combination of vehicles shall be operated.
subd. 3
The Director of Public Works is hereby empowered and
it is hereby made his duty to issue or deny, or issue
in modified form, such permit upon application and to
prescribe therein the route or routes, the period of
time, and the conditions for operation under each such
permit, and in determining such route or routes and
such conditions, the Director of Public Works shall
permit maximum use of the particular highways and
bridges consistent with the maximum capacity of such
highways or bridges, as determined by highway
engineering practice.
~L
/,0
.
.
subd. 4. The Director of Public Works shall have the power to
revoke or modify the terms of any permit at any time
in the event of operations in violation of any such
permit or in the event of changed conditions requiring
such action. The original or a correct copy of the
permit under which operations are being conducted
shall be carried at all times in the driver's cab or
in any vehicle or combination of vehicles while the
same is being operated thereunder.
704.03. SCHOOL BUSES EXEMPTED
School buses are given special permission to proceed with normal
operation of their regularly established routes and at all regularly
established hours.
704.04. EXEMPTED STREETS
The following streets or highways within the City are specifically
exempted from the provisions of Section 704.02:
Apple Road
Boulder Bridge Drive
Boulder Bridge Lane
Chartwell Hill
Christmas Lake Road
Christmas Lane
Country Club Road
Covington Road
Eureka Road
Howards Point Road
Lake Linden Drive
Manor Road
Mill Street
Minnetonka Drive
Murray Hill Road
Old Market Road
Pine Bend
St. Alban's Bay Road
Shady Hills Circle
Shady Hills Road
Shady Lane
Smithtown Road
Third Avenue
Vine Hill Road
Water ford Circle
Water ford Place
Yellowstone Trail
704.05. PENALTY
Any person who shall violate any provision of this Ordinance shall be
guilty of a misdemeanor.
704.06. REPEALER
Upon the effective date of this Ordinance, Ordinance No. 163 is
hereby repealed.
.
.
704.07. EFFECTIVE DATE
This Ordinance shall be in full force and effect from and after its
passage and publication according to law.
Adopted by the City Council of the City of Shorewood this
of , 1985.
day
CITY OF SHOREWOOD
Mayor
ATTEST:
City Clerk
,.
.
.
NOV. 2 1 1985
November 20, 1985
Mr. Dan Vogt
City Administrator
City of Shore wood
5755 County Club Road
Shorewood, Minnesota 55331
Dear Dan:
As discussed with you this morning a serious problem has developed out on
Enchanted Island that needs to be resolved. I know that you have been
brought up to date and the mayor and several other city officials have
personally experienced the problem of beavers destroying all of the trees
along Enchanted Lane.
In the last two years over three dozen trees of various sizes from small
twigs to major 30 foot trees have been taken down from the Enchanted
Island Bridge down to the Shady Island Bridge.
I have had a conversation with Mr. Jim Conrad who is Game Warden for the
Conservation Department. Mr. Conrad has suggested that since the city
does not permit trapping, the Conservation Department's hands are tied and
they cannot do anything to solve what is in Mr. Conrad's opinion a very
serious problem in our area.
The problem is not just that the trees are being taken down, but it is
where the trees ultimately end up. There is only one road for all of us
to get off the island and every other day there is a tree that has fallen
into the road. It is extremely dangerous. All of us out here believe
that we live in a very special environment that brings harmony between
humans and animals. However, the beavers have expanded their area of
distruction. They have now come across the main road onto landscape
areas. One morning when I was on my way to church I opened my garage door
only to find that a beautiful 30 foot tree had fallen onto my driveway
next to my house. I could not have imagined what had caused it until I
observed that half of the tree had been removed by the beavers. It was
very evident from the way the tree had been taken down that the beavers
had done the damage.
My concern is that if this is allowed to continue all of our beautiful
trees that we have planted over the years will become victims of the
beavers and the natural environment provided for by these trees for birds,
wood ducks, owls, etc. will be destroyed.
15 f+
~ '
.
.
There is a serious beaver over population now.
compounded if no positive action is taken now.
permission be given on a special one-time basis
to rid us of this problem.
bur problem will be
Therefore, I request that
to allow the game warden
I 'Would appreciate your bringing this matter to the attention of the Mayor
and City Council and afterwards advicing me as to the cities position on
this matter. Please feel free to contact Mr. Conrad at 472-4985. He
would welcome a call from the city.
In advance, thank you for your help.
Si~, .'
cbf. J. Yani;'~
4245 Enchanted ~e
Shore wood, Minnesota 55364
522-2100
~
.
.
CITY OF
SHOREWOOD
MAYOR
Robert Rascop
COUNCI L
Jan Haugen
Tad Shaw
Kristi Stover
Robert Gagne
ADMINISTRATOR
Daniel J. Vogt
5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236
MEMO TO: Mayor and Councilmembers
Dan Vogt -Tf{f
November 21, 1985
FROM:
DATE:
SUBJECT: Animal Control Contract Renewal
Attached to this memo you will find the proposed 1986 White Bear
Animal Control, Inc. Service Agreement for the City. The rates used in
the proposed Agreement for 1986 represent a 7% increase over 1985.
The City has
is on file.
prior to the
also received the Insurance Certificate. Said Certificate
I will discuss the Certificate with Councilmember Shaw
meeting.
I have checked with several surrounding communities relative to animal
control. It seems as though almost everyone uses White Bear. Increases
in rates are constant in all communities.
DJV:ph
A Residential Community 'on Lake Minnetonka's South Shore
;.51J
.
.
REC'O N UV U t> I~O
AGREEMENT
/ ~ --T" 1_
AGREEMENT, made and entered into this _ day of~~NU~~T , 198~;
by and between WHITE BEAR ANIMAL CONTROL, INC., hereinafter referred to
as "WBAC" and the CITY OF SHOREWOOD, a municipal corporation, County of
Hennepin, State of Minnesota, hereinafter referred to as "CITY/TOWN".
WITNESSETH: That WBAC, in consideration of the covenants and
agreements of CITY/TOWN hereinafter contained, hereby covenants with
CITY/TOWN that WBAC will provide Animal Control Service to CITY/TOWN
pursuant to the following provisions:
1. That WBAC shall pick up animals found in violation of
CITY/TOWN's ordinances in a vehicle appropriate for
the transportation of small animals. Patrol service
shall be provided in accordance with a schedule
mutually agreed upon by the parties hereto. Standby
call-out service shall be provided on a twenty-four
(24) hour basis at the specific request of CITY/TOWN's
law enforcement agency and/or a previously specified
official of CITY/TOWN.
2. That patrolling shall be performed by competant WBAC
personnel trained in the handling of animals. That
such personnel shall be subject to approval by
CITY/TOWN at CITY/TOWN's request.
3. That WBAC shall equip, service and maintain all
vehicles used for Animal Control Service with two-way
radios or other communication.
4. Pursuant to Minnesota Statute 35.71, WBAC shall
impound all animals picked up in CITY/TOWN at its
Animal Shelter located at 506 11th Avenue North,
Minneapolis, Minnesota. Said animals shall be
confined in a humane manner for a period of not less
than five (5) business days or until claimed by an
owner. Animals not claimed before the expiration of
five (5) business days shall become the property of
WBAC. If an animal is not so claimed, WBAC may
dispose of said animal in a humane manner, pursuant to
Minnesota statute Section 35.71, Subd. 3.
5. That all impoundment fees shall be returned by WBAC to
CITY/TOWN.
6. That euthanasia service provided by WBAC shall be
administered by qualified personnel and the disposal
of animal carcasses ~hall be performed as required by
Minnesota Statute Section 35.82, Subd. 2 (a).
.
.
7. That WBAC shall assume all liability for all harm to
persons, animals and property due to its negligence or
the negligence of its employees or agents arising from
the performance of this contract and agrees to defend
any legal actions arising therefrom. WBAC shall hold
CITY/TOWN harmless and provide CITY/TOWN with proof of
public liability coverage, in the amount of at least
$200,000 per each claimant and $600,000 for each
occurrence, covering the performance of this contract.
Further, WBAC will furnish CITY/TOWN a certificate of
insurance evidencing statutory Workers' Compensation
coverage for all WBAC employees.
8. That during the duration of this contract WBAC shall
not, within the state of Minnesota, discriminate
against any employee or applicant for employment
because of race, color, creed, national origin, or
ancestry and shall include a similar provision in all
subcontracts entered into for the performance hereof,
this paragraph being to comply with the provisions of
Minnesota Statute Section 181.59.
9. That WBAC shall keep accurate and detailed records of
the impounding and disposition of all animals picked up
in CITY/TOWN and furnish monthly reports to CITY/TOWN
as to the services performed during the month.
AND CITY/TOWN, in consideration of said covenants and agreements of
WBAC hereinbefore contained, hereby covenants with WBAC that CITY/TOWN
will obtain Animal Control Service from WBAC pursuant to the following
provisions:
10. That CITY/TOWN shall pay to WBAC a monthly sum for
Animal Control Service pursuant to the following
schedule:
A) Price per hour for scheduled patrolling based
upon actual time in service for CITY/TOWN..........$19.l0
! "Sc..)
i :) ~,,)~'
n8S-
B) Price per call for unscheduled call-out
service during the regular weekday working
hours of 6 a.m. to 6 p.m...........................$22.50
2/. ~
C) Price per call for unscheduled call-out
service not during the regular weekday
working hours of of 6 a.m. to 6 p.m................$33.75
31, ~-u
D) Price per animal per day, or fraction thereof,
to board impounded animals for CITY/TOWN............$5.65
~40
E) Price per animal (dog or cat) for euthanasia........$7.25
7/03-
.
.
11. That CITY/TOWN shall pay a fixed veterinary bill in the
amount of $25.~~ per animal for unclaimed animals
requiring medical attention. Owners claiming their
animals shall be charged the veterinary bill in its
entirety.
12. The charge for animals picked up at the request of an
owner shall be charged to such owner at the rate of
$25.~~ per animal.
13. That CITY/TOWN shall make all payments provided herein
promptly upon receipt of monthly statements from WBAC.
14. That CITY/TOWN shall appoint the Animal Control Wardens
of WBAC as CITY/TOWN Animal Control Wardens with powers
to enforce CITY/TOWN Animal Control ordinances.
THIS CONTRACT shall be in full force and effect from the date first
above written to the 31st day of December, 1986, unless earlier
cancelled be either party upon thirty (3~) days written notice to the
other party of the cancellation thereof.
IT IS MUTOALLY AGREEO, by and between the parties hereto, that all
the covenants and agreements herein contained shall extend to and be
obligatory upon the successors and assigns of the respective parties.
IN TESTIMONY WHEREOF, the parties have caused this contract to be
signed in their behalf by the proper officers thereunto duly authorized
and their corporate seals to be hereto affixed, the day and year first
above written.
WHITE BEAR ANIMAL CONTROL, INC.,
a Minnesota corporation
CITY OF SHOREWOOD
by
its Vice President
by
its Ma yo r
.,-
CHECK NO.
31266
31267
31268
31269
31270
31271
31272
31273
31274
31275
31276
31277
31278
31279
31280
31281
31282
31283
31284
31285
31286
31287
31288
31289
31290
31291
31292
31293
31294
31295
31296
31297
31298
31299
31300
31301
31302
31303
31304
31305
31306
31307
31308
31309
31310
31311
31312
31313
31314
31315
31316
.
.
GENERAL FUND - BILLS PAID SINCE NOVEMBER 12, 1985
TO WHOM PAID
PURPOSE
AMOUNT
Robert Rascop Nov.'85 Mayor salary 150.00
Jan Haugen Nov. '85 Council salary 100.00
Tad Shaw " 100.00
Robert Gagne " 100.00
Kristi Stover " 100.00
MTI Distributing Hydrau Lic Broom 5,230.00
Koenig, Robin,Johnson Legal Serv/Theo. Brouillette 90.00
LMCIT Risk Insurance 41,120.00
LMCIT Work Comp Ins 12,142.35
Void Void 0.0
.MPELRA Col1. Bargaining Workshop 45.00
Dennis Johnson 80 hrs 560.59
Bradley Nielsen 80 hrs 715.55
Daniel Randall 82 hrs 572.34
Void Void 0.0
Void Void 0.0
State Treasurer Bldg. Permit Surcharge 940.29
Evelyn BAck 80 hrs 758.95
Charles Davis 80 hrs 535.33
Sandra Kennelly 80 hrs 664.87
Susan Niccum 80 hrs 390.16
patricia Ray 80 hrs 480.91
Kathleen Schwankl 80 hrs 466.28
Void Void 0.0
Daniel Vogt 80 hrs 852.07
Ralph Wehle 80 hrs 521.59
Donald Zdrazi1 80 hrs 737.23
Gen'l Communications Repair Garage radio 34.00
Howard Stark 82 hrs 568.60
State Treasurer FICA - Nov. 10 Payroll 1,568.78
Minnetonka State Bk Nov. 10 Payroll - FWH 1,266.00
Donald Zdrazi1 MN Street Supt. Mtg 15.17
Commissioner of Rev. Nov. 10 P~yro11 - SWH 583.00
State Treasurer Nov. 10 Payro1l- PERA 917.92
City-County Credo Un, Stark, Nielsen 42.00
ICMA Ret. Corp. Beck, Zdrazil 140.00
ASCME LOCAL # 224 Union Dues 41.22
Evelyn Beck Mileage 84.48
Bradley Nielsen Mileage 40.70
Met. Waste Cont. SAC charges - Oct. '85 1,683.00
Henn. Cty. Postal Verification Cd. 5.18
Sandra Kennelly Compo Furniture Shopping 7.04
AmeriData Tr. Ctr, Computer Classes - Schwankl 75.00
Glenn Froberg Legal/Trivesco/Research water4,020.00
Land Care Haul brush 125.00
Associated Asphalt Road Mix 1,587.18
Belle Plaine Block Concrete Tile 16.20
C.H. Carpenter Cathcart Pk Hockey 311.04
Chanhassen Lawn/Sports Equip. Maint 10.20
The Dale Green Co. Black Dirt - Cathcart Pk. 120.00
Desco Data 3 Telephone 168.75
Continued next page............
CHECK NO.
31317
31318
31319
31320
31321
31322
31323
31324
31325
31326
31327
31328
31329
31330
31331
31332
31333
31334
31335
31336
31337
.
.
GENERAL FUND - BILLS PAID SINCE NOVEMBER 12, 1985
TO WHOM PAID
PURPOSE
Rolf Erickson Nov. '85 Assessing/Filming
Hance O.O.H Off./Crescent/Cathcart
Henn. Cty. Treas. Board & Room
H.C. Mayer & Sons Diesel Fuel
Jim's Repair Equip Maint
Long Lake Tractor Equip Maint
Louisville Landfill Dumping fee
Matthias, Roebke Maiser Aug. '85 Fin. State.
Metro West Insp. Bldg. P1bg. Mech Insp
Midwest Asphalt Cleanup & Restore Church Lot
Minnegasco Utilities - Boulder Bridge
Wm. Mueller & Sons Ice Control
Chaska Parts Servo Equip Maint.
Navarre Hdwe. Cathcart/Manor -Small Tools
NSP Utilities
Pepsi - cola Bottling Pop Concessions
Shorewood Tree Servo Haul brush
Timber Products Posts - Smithtown/Wedgewood
Tonka Auto & Body Euip Maint/Garage supplies
Commissioner of Rev. Oct. '85 Fuel Tax
Land Title, Inc. Repay portion accepted in error
AMOUNT
1,657.24
75.99
286.00
611.47
135.00
155.66
391.00
325.00
4,700.00
68.05
11.73
129.36
75.78
216.62
1,151.08
68.95
624.25
61.20
72.27
50.83
30.00
Total
91,701.45
CHECK NO.
4030
4031
4032
4033
4034
4035
4036
4037
4038
4039
4040
4041
4042
4043
4044
4045
4046
4047
4048
4049
4050
4051
*4052
4054
4055
4056
4057
4058
4059
4060
4061
4062
4063
4064
4065
4066
4067
4068
4069
4070
4071
4072
4073
4074
4075
4076
4077
4078
4079
*4080
4053
.
.
LIQUOR FUND - BILLS PAID SINCE NOVEMBER 12, 1985
TO WHOM PAID
Harry Niemela
BellBoy Corp
Butch's Bar Supply
Eagle Wine Co.
Griggs, Cooper
Intercont. Pkgs Co.
Johnson Bros.
Minnesota Bar Supply
Minn. Sub. News
NSP
NWB
Ed. Phillips & Sons
Quality Wine & Spirit
Twin City Wine
Ryan Properties
Village Sanitation
LMCIT
Ken Jarcho INs.
Safety & Security
BellBoy Corp.
City of Shorewood
Butch's Bar Supply
Day Distributing
East Side Beverage
G & K Services
Griggs, Cooper
Internat'l Pkg Co.
Johnson Bros
Jude Candy & Tobacco
Mark VII
Minn. Sub. News
North Star Ice
Old Dutch Foods
paustis & Sons
Pepsi Cola Bottling
Ed. Phillips & Sons
Pogreba Distributing
Prior Wine Co.
Quality Wine & Sp.
Thorpe Distributing
Tombstone Pizza
Twin City Wine Co.
Russell Marron
Ross Nasset
Todd Ogin
Christopher Schmid
Donald Tharalson
Stephen Thies
John Josephson
William Josephson
Eagle Wine Co.
PURPOSE
Nov. '85 Store I Rent
Liquor purchases
Misc purchases
Liquor purchases
Liquor purchases
Wine purchases
"
Misc Purchases
Advertising
Utilities
Utilities
Liquor/Wine purchases
"
Wine purchases
Store 2 Nov. rent
Garbage Removal
Work Comp Ins
Liquor liability
Security Alarm
Liquor purchases
Oct '85 bookkeeping
Misc purchases
Beer purchases
Beer purchases
Laundry Servo
Liquor purchases
Wine purchases
"
Mis/Cigarette purchases
Beer purchases
Advertising
Misc purchases
"
Liquor purchases
Pop purchases
Wine/Liquor purchases
Beer purchases
Wine purchases
Wine/Liquor purchases
Beer purchases
Misc purchases
Wine purchases
80 hrs
7.5 hrs
7.5 hrs
31. 5 hrs
30 hrs
24 hrs
38 hrs
80 hrs
Wine purchases
AMOUNT
882.50
2,739.50
169.25
653.66
805.74
442.54
1,949.59
130.13
135.48
244.62
166.89
1,391.06
2,212.89
590.05
1,715.00
83.00
1,237.65
7,400.00
236.97
1,687.00
493.51
90.40
2,732.25
2,376.60
36.20
2,046.01
1,758.09
449.65
994.15
6,583.25
110.00
146.13
35.84
99.60
498.90
879.19
5,655.89
404.49
655.34
4,535.25
13.50
481.04
439.70
31.88
31.88
127.88
137.00
107.20
153.24
504.80
366.43
Continued on next page.................
CHECK NO.
4081
4082
4083
4084
4085
4086
4087
4088
4089
4090
4091
4092
4093
4094
4095
4096
4097
4098
4099
4100
4101
4102
4103
4101
4105
4106
4107
4108
4109
4110
.
.
LIQUOR FUND - BILLS PAID SINCE NOVEMBER 12, 1985
TO WHOM PAID
PURPOSE
Susan Latterner 36 hrs
Steven Maeger 58 hrs
Christopher Meyer 21 hrs
Robert Nash 18 hrs
Stewart Peterson 9 hrs
Dean Young 80 hrs
State Treasurer Nov. 10 FICA
Minnetonka State Bk Nov. 10 FWH
Commissioner of Rev. Nov. 10 SWH
State Treasurer Nov. 10 PERA
IRS Tax Stamp
BellBoy Corp Liquor purchases
Coca-Cola Bottling Pop purchases
East Side Beverage Beer purchases
Griggs, Cooper Liquor purchases
Internat'l Pkg Co. "
Johnson Bros. Wine purchases
Matthias, Roebke,Maiser 3rd Qtr. Fin. State.
Minn. Sub. News Advertising
Nelson Enterprises Wine purchases
NSP Utilities
Old Dutch Foods, Misc purchases
paustis & Sons Wine purchases
Ed. Phillips & Sons Liquor purchases
Prior Wine Co. Wine purchases
Quality Wine Co. Liquor/Wine purchases
Royal Crown Beverage Pop purchases
Twin City Wine co. Wine purchases
MN Dept of PSLC Liquor control license
Commissioner of Rev. Oct. '85 Sales Tax
Total
AMOUNT
138.70
237.43
95.55
76.50
40.95
429.70
261.36
250.00
95.00
152.92
36.00
2,085.40
511.45
2,070.75
2,127.92
124.20
1,447.74
150.00
67.74
87.00
271.11
53.39
298.80
269.07
258.18
543.55
114.95
409.25
12.00
5,403.76
75,969.18
# #
, .
~
CI'IY OF SHOREWCOO
LIQUOR FUND ANALYSIS
For the Nine Months Ended 9/30 1984 & 1985
(Both Stores)
September September
1984 1985
Sales $ 500571. $ 622253.
Cost of Sales 411748. 501026.
Gross Profit 88823. 121227.
Gross Profit % 17.7% 19.5%
OPerating Expenses 122643. 109773.
Net Increase/Loss
Fran Operations <33820. > 11454.
Other Income 2956. 930.
Increase in Sales of 24.3%
Gross Profit Increase 36.5%
10.5% Decrease in Expense
Total Increase/Loss
<30864.>
12384.
November 20, 1985
Mayor Robert Rascop
Shorewood City Council
5755 Country Club Road
Shorewood, MN. 55331
Dear Mayor and Council:
I am writing in regard to reports that you are considering
forming a separate police force for the City of Shorewood.
While I am aware that this "contingency" is being used
as a bargaining ploy, I am concerned that some of the council
may actually be serious about this proposal. In my estima-
tion, such a move would be an error of the magnitude of the
water fiasco.
In the future I envision a merging of the four cities
involved in the South Lake Police Force. My question is,
"If we make enough dumb mistakes, who would want us?"
The citizens of Shorewood, are paying dearly for the short
sightedness of the past councils. It is my hope that this
council is able to learn from these past mistakes and will
take a more common sense approach to solving the problems of
the present and future.
Sincerely,
~4w
Richard Dyer
6070 Brand Circle
Shorewood, MN. 55331