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CITY OF SHOREWOOD
REGULAR COUNCIL MEETING
MONDAY, OCTOBER 3, 1983
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
SHOREWOOD, MN 7:30 PM
AGE N D A
CALL TO ORDER:
L
APPROVAL OF MINUTES:
Mayor ::~~:; ~ "'~
Stover ./ /
Ga~ ~/j
A. Pledge of Allegiance and Prayer
B. Roll Call
A. Regular Council Meeting - September 26, 1983
2. 7:30 PM - PUBLIC HEARING - TO REVIEW DELINQUENT PUBLIC UTILITY CHARGES AND
APPROVAL OF TAX CERTIFICATION OF SAME
[attachment #2]
3. CITIZEN'S FORUM:
A.\\\~~l- - ~~.
B.
4. NORTHWEST A.M.P.S. - SECOND READING OF PROPOSED ORDINANCE CHANGE:
[attachment #4]
5. REQUEST FOR A FENCE PERMIT:
Location:
Applicant:
26260 Birch Bluff Road
Mr. Ron Kokesh
[attachment #5a]
[attachment #5b]
6. ATTORNEY'S REPORT:
A. EDC:lEWOOD Ref-.)-{) Rl:XtISTR.AT'tCN
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REGULAR COUNCIL MEETING
MONDAY, OCTOBER 3, 1983
page two
7. ENGINEER'S REPORT:
(\~'
8. ADMINISTRATOR'S REPORT:
A.
A. Review of 1984 Proposed Budget for the City of Shorewood
9. MAYOR'S REPORT:
A.
10. COUNCIL'S REPORT:
A.
11. ADJOURNMENT:
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CITY OF SHOREWOOD
REGULAR COUNCIL MEETING
MONDAY, SEPTEMBER 26, 1983
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
SHOREWOOD, MN 7:30 PM
M I NUT E S
CALL TO ORDER:
PLEDGE OF ALLEG
City Council was called to order
September 26, 1983, in the Council
The regular meeti
by Mayor Rascop
Chambers.
The meeting opened with the Pledge of Allegiance and a prayer.
ROLL CALL:
Present: Mayor Rascop, Councilmembers Gagne, Haugen, and Shaw
(Stover absent due to illness)
Staff: Attorney Larson, Administrator Uhrhammer, Finance
Director Beck, Clerk Kennelly
APPROVAL OF MINUTES:
Gagne moved, Shaw seconded, to approve the Minutes of September 12,
1983 as written. Motion carried unanimously - 3 ayes. (Haugen
abstained due to absence)
ORDINANCE AMENDMENT
Northwest A.M.P.S.
Haugen moved, Gagne seconded, to table second reading of the Ordinance
amendment to the next meeting. No revised copy was available for
review.
FENCE PERMIT REQUEST - 26260 Birch Bluff Road
Ron Kokesh
Mr. Kokesh was present to request permission to install two (2)
six (6) foot fences on the east and west sides of his property.
He submitted a letter of approval from his neighbor on the east.
The west boundary is a "fire lane" owned by the City.
Council received a complaint that the fence would obstruct the view
of the lake. Council questioned the interpretation of "adjoining"
property owners. and whether across the street would be adjoining.
Council tabled action on the request for clarification from the City
Attorney.
FEDERAL REVENUE SHARING FUNDS:
The Public Hearing for public suggestions for the allocation of
approximately $19,000 of Federal Revenue Sharing Funds was opened at
8:00 P.M.
I
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REGULAR COUNCIL MEETING
MONDAY, SEPTEM~ER 26, 1983
page two
Mr. Reutiman questioned last years use of these funds.
used for Police Department expense, Park land purchase
purchase of equipment. Public portion of this hearing
8:04 P.M.
The funds were
payment and
was closed at
Recommendation to place in the General Fund to be paid on the Police
Department monthly share of expenses.
A.F.S.C.M.E. REQUEST:
Roger Seigal, union representative, was present to request the Council
to reconsider their action not to open negotiations after the deadline
date. After discussion the Council reinfDrced their original discussion
to renew the present contract for another year at the present wage rates.
CHRISTMAS LAKE ADDITION:
RESOLUTION NO. 69-83
Final plat approval was requested for Christmas Lake Addition by
Bernice Brooks.
Shaw moved, Haugen seconded. to approve the final plat to include a
square footage variance for Lot 5, allowing the nonconforming boat house
and the basement of another nonconforming building to remain on Lot 1
and to have all other existing structure removed prior to the issuance
of a building permit on Lot 1. Shaw then amended his motion, accepted
by Haugen, to delete the existence of the nonconforming basement struct-
ure from his motion.
Final plat approval was unanimously approved by a roll call vote.
4 ayes.
ATTORNEY'S REPORT:
Enchanted Lane Dedication
Council reviewed a survey presented by Robert Morgan and information
obtained by Planner Nielsen indicating the road width of Enchanted
Lane at 49.5 feet, not the County plat map indication of 66 feet.
Shaw moved, Gagne seconded, to accept the road width of Enchanted
Lane at 49.5 feet as originally platted on Enchanted Island and in-
dicated by the present survey. Motion carried unanimously. 4 ayes.
Edgewood Road Designation
Attorney Larson gave Council an update on the nondesignation
portion of land in the subdivision "Sampsons Upper Lake Mtka Addn"
and abutting Edgewood Road. Further information will be submitted at
the next Council meeting.
Council Break..........................9:12 - 9:16
"" " ..
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REGULAR COUNCIL MEETING
SEPTEMBER 26, 1983
page tpree
ADMINISTRATOR'S'REPORT:
1984 Budget Review
Mayor Rascop explained for the audience the 8% levy limitation lifting
and expenses and long range goals that are built into the 1984 Budget.
Residents: Claire Towne, James Beal, Billy Maddy, Robert Hidding,
Bob Reutiman, Mr. and Mrs. Alexander Dean,Joe Gorecki,
Jim Heiland and numerous other Shorewood residents
were present expressing their concerns and questions
in reference to the budget and the levy limit increases.
Council answered all the residents questions to their ability.
COUNCIL REVIEWED BUDGET:
Council discussed at length various parts of the proposed budget and
possible cuts. Final decisions will be make at the October 3rd, 1983
Council meeting.
APPROVAL OF CLAIMS AND ADJOURNMENT:
Rascop moved, seconded by Haugen, to approve claims for payment to be
followed by adjournment at 12:20 P.M. Motion carried unanimously.
Respectfully Submitted,
Mayor
Sandra L. Kennelly
City Clerk
SLK:sn
el
.
CITY OF
SHOREWOOD
MAYOR
Robert Rascop
COUNCIL
Jan Haugen
Tad Shaw
Alexander Leonardo
Kristi Stover
ADMINISTRATOR
Doug Uhrhammer
5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236
21 September 1983
Mr. Fred Chase
Acton Construction
P. O. Box 394
Hugo, MN 55033
Re: Lake Virginia Lift Station Odor Control Project
Dear Mr. Chase:
As of this date a stop work order has been posted at the above-
referenced project. The work was started prior to issuance of a
building permit. Also, pursuant to Section 7 of the Shorewood
Zoning Ordinance, the project requires a conditional use permit
(C. U. P.)
Enclosed please find application forms. for the building permit and
the C. U. P. The fee for the C. U. P. is $300. Any money not
used in processing the request will be refunded to the applicant
upon written request.
The first Planning Commission meeting for which a Public Hearing
can be scheduled is 1 November 1983. That is assuming that your
application and fee are submitted to the City by 12 October 1983.
The applicant or his representative must appear before the Plan-
ning Commission and City Council to answer any questions they may
have.
If you have any questions regarding this matter, please do not
hesitate to contact my office.
Yours truly,
~();~rJ~f.- ~
Bradley Nie~sen
City P ner/Building Official
BJN: sn
cc: Doug Uhrhammer
Gary Larson
Fred Stenborg, MWCC
A Residential Community on Lake Minnetonka's South Shore
3
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ORDINANCE NO.
AN. ORDINANCE AMENDING ORDINANCE NO. 77 IN THE CITY OF SHOREWOOD
An ordinance amending Ordinance No. 77 in the City of
Shorewood, being an ordinance for the purpose of promoting the
health, safety, order, convenience, prosperity, general welfare,
by regulation of the use of land, location, area, size, use, and
height of buildings on lots and the density of population in the
City of Shorewood, Minnesota.
City Council of the City of Shorewood does ordain:
Section 1. Ordinance No. 77, Section 25, Subd. 3,
shall be amended by adding the following:
"C. Telephone switching station and accessory
communication antenna, provided:
1,
That the site shall be landscaped with
low maintenance plant materials.
2.
That any building shall be of masonry
construction fOl e&~~ ~r ~&lntCnun~c.
3.
That the facility shall not interfere I
with other communication ~"',:,)Jl~lfl:'>; $1,.,1 6c.t-<.-?~'
4.
5.
That no signage is allowed.
That the facility shall comply with
requirements of Section 7 of this
Ordinance."
Section 2. This Ordinance shall be effective
from and after its passage and publication.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOUREWOOD, this
day of , 1983.
Robert Rascop, Mayor
ATTEST:
Sandra L. Kennelly, City Clerk
<f
MEMORANDUM
e
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MAYOR
Robert Rascop
COUNCIL
Jan Haugen
Tad Shaw
Alexander Leonardo
Kristi Stover
ADMINISTRATOR
Doug Uhrhammer
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 . (612) 474-3236
TO:
MAYOR AND CITY COUNCIL
FROM:
BRAD NIELSEN
20 SEPTEMBER 1983
DATE:
RE:
FENCE PERMIT - 26260 BIRCH BLUFF ROAD
FILE NO:
404 (GENERAL)
Mr. Ronald Kokesh, 26260 Birch Bluff Road, has applied for a permit to construct a six
foot high stockade fence along his east and west property lines (see attached letter
and survey).
Ordinance 107 states that fences over four feet in height or 50 percent or more opaque
requires Council approval. If closer than eight feet to the property line, it also
requires written agreement from the affected adjoining property owners. Mr. and Mrs.
Gordon Christensen own the property to the east and the City owns the property to the
west (Grant Lorenz fire lane).
The Ordinance also requires that fences on lot lines extending from the lake can't be
higher than four feet from the "near side of the average building construction line"
to the 50 foot setback line (no structures are allowed within 50 feet of the lake).
In this case, Mr. Kokesh's house is 50 feet at the nearest point from the lake and
70 feet at the farthest. Consequently the fence on the west side must be lowered to
four feet along its northernmost 10 feet. The Watershed District's 75 foot setback
does not apply to fences.
Mr. Kokesh will appear at the Council meeting on 26 September to answer questions
regarding his request.
cc: Doug Uhrhammer
Gary Larson
Jim Norton
Ronald Kokesh
BJN:sn
A Residential Community on Lake Minnetonka's South Shore
.5
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26260 Birch Bluff Road
Shorewood, MN 55331
September 20, 1983
Mr. Brad Nielsen
City Planner/Building Inspector
Shorewood City Offices
5755 Country Club Road
Shorewood, MN 55331
Dear Brad:
Attached is the request for a building permit to construct two
stockade fences along our property lines. They are to be (6')
six feet in height and run as per the marked up survey which
is also attached.
The one to the west boundary is to be (76') seventy-six feet in
length and the one to the east boundary will extend from the
present fence to a line parallel to our home's northern most
foundation. This, I believe, meets the requirements as we dis-
cussed during the reviewal of our landscape plans.
The neighbor to the east has agreed to this and a signed agree-
ment will be forthcoming, Wednesday, September 21st.
Yours,
..
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for Robert ~. S~i~h
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Mill Actual Budgeted $ Difference
1983 Mills 1984 Mills Difference 1983 versus 1984 '7. Change
Mayor and Council .545 .486 ( .059) ( 2,258.) (8.97)
Administration .769 .812 .043 2,797. /7.89
General Government 2.066 2.403 .337 17,980. 18.84
*[Water transfer .764 2.963 2.196 *104,538. 296.
*[Debt .433 1.314 .881 * 42,000. 210.
Finance .689 1.209 .52 25,243. 79.35
Legal .724 1. 229 .505 24,550. 73.39
Planning and Zoning .786 .897 .111 6,026. 16.60
City Hall .123 .146 .023 1,209. 21.21
Police 5.001 5.737 .736 39,647. 17.16
Fire Protection .751 .881 .13 6,904. 19.91
Professional Inspection .396 .520 .124 6,266. 34.24
Public Works 1.452 2.541 1.089 52,870. 78.82
*[Equipment Replacement ~o~ 1.49 1.49 * 70,320. 100.
City Garage .139 .187 .048 2,425. 37.74
*[lmprovements -0- .064 .064 3,000. 100.
Streets and Roads .933 1.524 .591 13 ,808. 23.77
*[Improve Roads .325 2.8 2.475 *117,180. 781.2
*[Storm Sewer -0- 1.06 1.06 * 50,000. 100.
Snow and ice .373 .361 ( .012) (151.) ( .88)
Traffic Control .173 .212 .039 2,969. 37.1
Street light .158 .159 .001 200. 2.74
Sanitation .180 .212 .032 1,703. 20.49
Tree Maintenance .295 .137 ( .158) (7,166.) ( 52.6)
Parks .725 .932 .207 10,532 31. 46
* Deficit General Fund 1.126 (1.126) ( 52,000.) ( 100.)
* Recoup L.G.A. .94 .94 * 44,348. 100.
MWCC Debt .767 (.767) (* 35,427.) ( 100.)
Total Mills 19.823 31. 232 11 . 406
Mise Revenue Mill Equivalent (7.051) (6.849)
Total Mills 12.772 24.383 11. 406
Margin of error (.0085 or.85%)(.0147 or 1.477(.0035or.35"1J
Total Increase in operating expense
II Water transfer
II Debt Transfers
" Equip. Replacement
tl City Garage Impr.
" Road Improvement
II Storm Water Imp.
" L.G.A. Recouping
" MWCC Debt
3.25
2.215
.890
1. 490
.063
2.483
1.059
.940
(.751)
153,554.
104,538.
42,000.
70,320.
3,000.
117,180.
50,000.
44,348.
05,427.)
Total Mill Increase
Margin of Error
11.643
(,024 or 2 .4"1~
Total operating expense in mills (excluding new programs)
15.06 mills
1983 expense; $513,160.
1984 increase; 153,554.
1984 LGA Recoup 44,348.
10.87 mills
3.25 mills
.94 mills
Total
$711,062.
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15.06 mills
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DATE:
October 3, 1983
TO:
Doug Uhrhammer
FROM:
Gary Larson
RE:
~
You asked me three questions concerning the budget:
1. CAN GENERAL AD VALLORUM TAXES BE USED TO PAY FOR ALL OR
PART OF THE COST OF RUNNING THE WATER SYSTEM?
2. CAN THE CITY DISCONNECT RESIDENTS FROM THE WATER SYSTEM WHO
HAVE PAID ASSESSMENTS AND ARE PRESENTLY HOOKED UP TO THE
SYSTEM?
3. CAN THE CITY CHARGE THOSE RESIDENTS PRESENTLY USING CITY
WATER THE FULL COST OF OPERATING THE SYSTEM REGARDLESS OF THAT
AMOUNT?
A-1. The City can, in fact, pay for all or part of operating
the water system through the use of General Ad Vallorum
taxes through their general budget. This authority will
come from the General Welfare Clause under which the City
operates.
A-2. I could find no case law, and in talking to Stan Pescar
he was unaware of any case law, which would indicated
whether the City could disconnect residents who had
previously paid assessments and hooked up to the water
system. However, generally, I would think that the
Courts would imply some contract on the part of the City
when assessing property for water to continue supplying
water to that property for some reasonable period of
time; ie., the life of the water system. I also feel the
City, of course, has some moral obligation to continue to
supply water to those residents which they have assessed.
A-3. The last question is the hardest. The City is allowed to
charge a reasonable amount for the sale of water to the
residents. It would be difficult for the Court to
interpret $100-150 per month as a reasonable charge for
water, and I do feel that such a charge would be subject
to a successful challenge in the court system.
GL:cf
Launisse T. Cousins
5955 Christmas Lake Road
Excelsior, Minnesota 55331
Mayor Robert Rascop, Council Members and Park Commissioners
Shorewood City Hall
5755 Country Club Raad
Shorewwod, Y.innesota 55331
Dear Mayor, Council Members and Fellow Park Commissioners:
It is with regret that I submit my resignation from the Shorewood Park
Commission effective October 31,1983. I fully underestimated the
increasing outside tim9 commitments of other family members when I applied
for the position and I now feel that I must face the reality of these de-
mands and make a choice.
I sincerely feel that any board or commission functions most efficiently
when all members are able to attend meetings on a regular basis. Since
my outside responsibilities peevent me from attending regularly, I am
resigning in favor of a new member who will lend continuity to the park
programs by his or her regular attendance.
The last year and a half has been a rewarding and educational experience
for me. In particular I enjoyed being apart of the first Shorewood Park
Festival and hope to continue to contribute to that festival in the future.
If I can be of further assistance, please feel free to call upon me. My
best wishes for continued success in park development for Shorewood.
Si~elY,..----:--/ .
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Launisse T. Cousins
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TO:
October 3, 1.983
Doug Uhrhammer
DATE:
FROM:
Gary Larson
RE:
III
You asked me three questions concerning the budget:
1 . CAN GENERAL AD VALLORUM TAXES BE USED TO PAY FOR ALL OR
PART OF THE COST OF RUNNING THE WATER SYSTEM?
2. CAN THE CITY DISCONNECT RESIDENTS FROM THE WATER SYSTEM WHO
HAVE PAID ASSESSMENTS AND ARE PRESENTLY HOOKED UP TO THE
SYSTEM?
3. CAN THE CITY CHARGE THOSE RESIDENTS PRESENTLY USING CITY
WATER THE FULL COST OF OPERATING THE SYSTEM REGARDLESS OF THAT
AMOUNT?
A-1. The City can, in fact, pay for all or part of operating
the water system through the use of General Ad Vallorum
taxes through their general budget. This authority will
come from the General Welfare Clause under which the City
operates.
A-2. I could find no case law, and in talking to Stan Pescar
he was unaware of any case law, which would indicated
whether the City could disconnect residents who had
previously paid assessments and hooked up to the water
system. However, generally, I would think that the
Courts would imply some contract on the part of the City
when assessing property for water to continue supplying
water to that property for some reasonable period of
timei ie., the life of the water system. I also feel the
City, of course, has some moral obligation to continue to
supply water to those residents which they have assessed.
A-3. The last question is the hardest. The City is allowed to
charge a reasonable amount for the sale of water to the
residents. It would be difficult for the Court to
interpret $100-150 per month as a reasonable charge for
water, and I do feel that such a charge would be subject
to a successful challenge in the court system.
I
I
GL:cf
September 27. 1983
City Council Members
City of Shorewood
5755 Count ry Club Rd.
Shorewood, MN 55331
SEP. 2 8 1983
Re: Your 27 September Letter to Residents
Dear Members:
As a relatively new resident to Minnesota & to the Shorewood community. I
remain astounded by the extremely high property taxes imposed on local pro-
perty owners. Opposed to my experience with property taxes & services of
ten other states in which my family has lived, this area ranks as the highest
in overall taxes levied & only average in the resulting services received.
Your newsletter states that Shorewood City Councils have always been fis-
cally conservative & thus the levy limits have made it difficult to provide
adequate service levels. Your contention simply doesn't make sense un-
less the term lieral is substituted for conservative. If any government
body or agency spends more than is budgeted a crunch will certainly re-
sult when spending limits such as a levy is imposed. Todays budget pro-
blems were not caused by being fiscally conservative. If you want your
residents to approve a tax hike at least be candid in your self appraisal -
if you continually spend more than is budgeted. your hardly conservative.
My family opposes any rate increase you may be formulating. Reduced
city services are in order and must take precedence over any tax rate
increase. Be innovative - - anyone can raise taxes. Consider instead
ways to reduce your costs, widen the tax base & apply more competitive
measures into your thinking & plans. It can be done.
CITY OF SHOREWOOD
1983 BUDGET
EFFECT OF SPREADING WATER DEFICIT OVER - 4,8, or 12 YEARS
Total 1981-1983 Estimated Deficit =
$129,614
55,765
$185,379
Accumulated Deficit for 1981 and 1982
Plus - Estimated Deficit for 1983
No. of Mills
Decreased by
Total Est. No. Spreading the
1981-83 Deficit Spread Plus Est. Deficit of Deficit Over
Over 4, 8, and 12 Yrs. 1984 Deficit 1981-1984 Mills Longer Period
$185,379 _ $46,345 + '$93~489 = $139,834 2.96
4 Yrs. -
$185,379 _ $23,172 + $93,489 = $116,661 2.47 .49
8 Yrs. -
$185, 379~r$15 448 + $93,489 = $108,937 2.31 .65
12 Yrs. . ,