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CITY OF SHOREWOOD
CITY COUNCIL REGULAR MEETING
MONDAY, JULY 14,2003
5755 COUNTRY CLUB ROAD
COUNCIL CHAMBERS
7:00 P.M.
AGENDA
1. CONVENE CITY COUNCIL MEETING
A. Roll Call
B. Review Agenda
Mayor Love_
Garfunkel_
L' ,
lzee _
Zerby _
Turgeon _
2. APPROVAL OF MINUTES
A. City Council Executive Session Minutes, June 23,2003 (Att.- Minutes)
B. City Council Regular Meeting Minutes, June 23,2003 (Att.- Minutes)
C. City Council Work Session Minutes, June 23,2003 (Att. - Minutes)
3. CONSENT AGENDA - Motion to approve items on Consent Agenda & Adopt Resolutions
Therein:
NOTE: Give the public an opportunity to request an item be removed from the
Consent Agenda. Comments can be taken or questions asked following removal from
Consent Agenda.
A. Approval of the Verified Claims List (Att.- Claims List)
B. Authorization for Disposition of Equipment (Att.-Public Works Director's
memorandum)
C. Approval of the 2004 Budget of the Lake Minnetonka Gonservation District (Att.-
Finance Director's memorandum, LMCD 2004 budget)
D. Reschedule public hearing for partial street right-of-way vacation - Enchanted Point
(Att.- Planning Director's memorandum)
E. Authorization to Enter into Contract with Safe Assure Consultants (Att. - Public Works
Director's memorandum)
4. MATTERS FROM THE FLOOR (No Council action will be taken.)
5. REPORTS AND PRESENTATIONS
A. County Road 19 Update by Jim Grube
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CITY COUNCIL AGENDA - July 14, 2003
PAGE20F2
6. PUBLIC HEARING
A. Consider Revisions to Chapter 903 of the City Code Regulating Water Use and Service
(Att.- Planning Director's memorandum; Draft Ordinance)
7 . PARKS - Report by Representative
A. Report on Park Commission Meeting Held July 8, 2003 (Att.- Draft Minutes)
8. PLANNING - Report by Representative
A. Setback Variance and Variance to Expand a Nonconforming Structure (Att.- Planning
Director's memorandum)
Applicant: John O'Donnell
Location: 27100 Edgewood Road
B. Shorewood Yacht Club Zoning Text Amendment and Conditional Use Permit
Amendment (Att.- Planning Director's memorandum; Planning Commission Findings)
Applicant: John and Judy Cross
Location: 600 West Lake Street
C. Zoning Ordinance Amendment - Fence Height (Att.- Planning Director's memorandum;
Draft Ordinance)
9. GENERALINEW BUSINESS
A. Sale of Bonds - Presentation by Bond Consultant Paul Donna, Northland Securities.
(Att.- Finance Director's memorandum, Moody's Investor Services report, Draft
Resolution)
10. ENGINEERING/PUBLIC WORKS
A. Authorization for Expenditure of Funds for used Paver (Att.- Public Works Director's
memorandum)
11. REPORTS
A. Administrator & Staff
1. County Road 19 Intersection
2. Public Safety Facilities
3. Smithtown Road
B. Mayor & City Council
12. ADJOURN
CITY OF SHOREWOOD
CITY COUNCIL MEETING
July 14, 2003
PUBLIC SIGN-IN SHEET
For the record, please print your name and address below. Thank you.
Name
Address
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CITY OF SHOREWOOD
5755 COUNTRY CLUB ROAD
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LIQUOR COMMITTEE MEETING
MONDAY, July 14,2003
6:00 P.M.
AGENDA
1. SHOREWOOD PLAZA STORE REMODELING
2. OTHER
3. ADJOURN
A majority of the City Council members may be present at this meeting.
, CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236
FAX (952) 474-0128. www,cLshorewood.mn.us. cityhall@cLshorewood.mn.us
Executive Summary
Shorewood City Council Regular Meeting
Monday, 14 July, 2003
A 6:00 PM Liquor Committee meeting will be held this evening.
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Agenda Item #3A: Enclosed is the Verified Claims List for Council approval.
Agenda Item #3B: This item authorizes the disposition of 2 DWI forfeiture vehicles and two
asphalt rollers form the Department of Public Works. Staff is recommending approval of
the motion that authorizes the disposition of this equipment.
Agenda Item #3C: The Lake Minnetonka Conservation District (LMCD) Board has adopted
its 2004 Budget. Staff recommends that the Council accept the 2004 LMCD budget,
unless the Council wishes that the LMCD hold a public hearing on its budget.
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Agenda Item #3D: Last month the Council approved a public hearing date to consider a
request by Bill Zucco to trade excess City property adjoining Enchanted Point for needed
public right-of-way. The public hearing notice was not completed in time to make
Monday night's'meeting. Consequently, staff is suggesting a new hearing date of 28
July.
Agenda Item #3E: Safe Assure Consultants ha provided safety training for City Employees
for the last three years. Safe Assure has provided a proposal in the amount of $2,770 for
safety consulting and database preparation and maintenance of Material Data Safety
Sheets. Staff is recommending that the proposal be accepted.
Agenda Item #5A: Jim Grube, Hennepin County Director of Transportation, will provide his
monthly update to the Council about progress on the County Road 19 intersection project.
Agenda Item #6A: A public hearing has been scheduled to consider a revision of the City
Code chapter relative to municipal water service. The revision is intended to clean up a
very cumbersome code section and to incorporate recently recommended policies
regarding municipal water service. It is intended that this be a "first reading". Additional
revisions will be presented at the meeting, and any changes desired by Council will be
incorporated into a final draft for adoption on 28 July 2003.
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Executive Summary - City Council Meeting of 14 July, 2003
Page 2 of2
Agenda Item #7 A: Park Commissioner Paul Gilbertson will report on the July 8, 2003 Park
Commission meeting.
Agenda Item #8A: John O'Donnell has requested variances to expand the nonconforming
dwelling at 27100 Edgewood Road. He proposes to raise the existing home which is less
than one foot from the west lot line and approximately three feet from the east property
line, and add a third level to the home. He also proposes to demolish the existing
detached garage and build an attached garage on the south end of the house. A second
story would be built over the new garage. Aside from the setback issues associated with
this request, the property has impervious surface amounting to 33 percent of the lot area,
eight percent over the maximum allowed. It is worth noting that the property was granted
two variances in 1986 to expand the house to its current size and to build the existing
garage. The Planning Commission voted unanimously to recommend denial of the
variance. The Council should direct staff to prepare a resolution with findings-of-fact for
the 28 July Council meeting.
Agenda Item #8B: John Cross, representing Shorewood Yacht Club, has requested
amendments to the Zoning Code and to his conditional use permit that would eliminate
the restrictions on power boats docked at the Yacht Club. The Planning COmmission
voted unanimously to recommend against the amendments. Their findings are included
herein for your consideration. The Council should direct staff to prepare a resolution
with findings for adoption at the 28 July meeting.
Agenda Item #8C: The Planning agreed unanimously with a recommended text amendment
prepared by the Planning Director. The amendment allows fence posts to be somewhat
higher than the current maximum heights for fences. This is considered largely to be a
"housekeeping" measure.
Agenda Item #9A: Bond Consultant Paul Donna, of Northland Securities, will present the
results of the 2003 G.O. Refunding Bond Sale. The City has the opportunity to save
about $35,000 in interest costs by refunding the 1995 Water Revenue Bonds at a more
favorable interest rate. As part of this sale, Moody's Investor Services has upgraded the
City's Bond rating from Al to AA3, which is very good news! A draft resolution is
attached for your review. Paul will provide a final resolution at Monday's meeting. This
item will need to be considered immediately following Item 4, Matters from the Floor, as
Mr. Donna need to be in Rush City shortly after 8:00 p.m.
Agenda Item #10A: This item is to be deleted from the agenda.
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CITY OF SHOREWOOD
CITY COUNCIL EXECUTIVE SESSION
MONDAY, JUNE 23, 2003
5755 COUNTRY CLUB ROAD
COUNCIL CHAMBERS
6:30 P.M.
MINUTES
1. CONVENE EXECUTIVE SESSION MEETING
Mayor Love called the meeting to order at 6:32 P.M.
A.
Roll Call
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Present:
Mayor Love, Councilmembers Garfunkel, Lizee, Turgeon and Zerby; Attorney Keane;
Special Counsel Kozar; Administrator Dawson.
Absent:
None
B. Review Agenda
2. LITIGATION UPDATE
Attorney Kozar provided an update related to the on-going Johnson's litigation.
3. ADJOURN
Zerby moved, Lizee seconded, adjourning the Executive Session at 6:58 P.M. Motion passed 5/0.
RESPECTFULLY SUBMITTED,
Sally Keefe, Recording Secretary
Woody Love, Mayor
ATTEST:
Craig W. Dawson, City Administrator
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CITY OF SHOREWOOD
CITY COUNCIL REGULAR MEETING
MONDAY, JUNE 23, 2003
5755 COUNTRY CLUB ROAD
COUNCIL CHAMBERS
7:00 P.M.
MINUTES
1. CONVENE CITY COUNCIL MEETING
Mayor Love called the meeting to order'at 7:03 P.M.
A.
Roll Call
Present:
Mayor Love; Councilmembers Garfunkel, Lizee, Turgeon, and Zerby; Administrator
Dawson; Attorney Keane; Engineer Brown; and Finance Director Burton
Absent:
Planning Director Nielsen
B.
Review Agenda
Mayor Love reviewed the Agenda for the meeting. Engineer Brown requested Item 3B be moved from
the Consent Agenda to Item 9B.
Lizee moved, Garfunkel seconded, Approving the Agenda as amended. Motion passed 5/0.
2. APPROVAL OF MINUTES
A. City Council Regular Meeting Minutes, June 9, 2003
Zerby moved, Garfunkel seconded, Approving the City Council Regular Meeting Minutes of June
9, 2003, as presented. Motion passed 5/0.
3. CONSENT AGENDA:
Garfunkel moved, Lizee seconded, Adopting the Motions Contained on the Consent Agenda and
Adopting the Resolutions Therein:
A. Approval of the Verified Claims List
B. Reschedule Public Information Date for Mallard Lane and Teal Circle Roadway
Reconstruction (This item was moved to Item 9B.)
Motion passed 5/0.
4. MATTERS FROM THE FLOOR
There were no matters from the floor presented this evening.
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REGULAR CITY COUNCll., MEETING MINUTES
June 23, 2003
Page 2 of 6
5. REPORTS AND PRESENTATIONS
A. 2002 Annual Audit Presentation
Finance Director Burton introduced Steve McDonald, of Abdo, Eick, & Meyers, LLP, to Council. Mr.
McDonald was in attendance to provide a presentation of the firm's findings of the City's financial
activities in 2002 through the Comprehensive Annual Financial Report (CAFR).
Mr. McDonald presented the City Council and Staff with a Certificate of Achievement for Excellence in
Financial Reporting awarded by the Government Finance Officers Association for the City's CAFR. He
noted this was the highest form of recognition the City could receive for its commitment to high
accounting standards and only two percent of all cities nationwide received this award.
Finance Director Burton thanked Mr. McDonald and other City Staff for the contributions of all in
preparation of the CAFR. Mayor Love thanked the Staff and all parties involved in the CAFR process as
he marveled at the thorough reporting the Staff displayed yearly.
Mr. McDonald then went on to summarize the CAFR for Council, explaining that during the Year 2002,
the General Fund revenues for the City exceeded expenditures resulting in an increased fund balance. In
addition, the Enterprise Funds performed positively, with the exception of the Water Fund. COlIDCil had
anticipated this possibility and had authorized rate changes for 2003. The Liquor Fund had also
experienced a positive year with a net income prior to transfers of approximately $137,000.
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Zerby moved, Turgeon seconded, Accepting the 2002 Comprehensive Annual Financial Report.
Motion passed 5/0.
6. PARKS
A. Report on Park Commission Meeting Held June 10, 2003
Chair Arnst reported on the Park Commission Meeting of June 10, 2003 (as detailed in the minutes ofthat
meeting) .
Councilmember Lizee clarified Council's support of the use of carpooling signage for the north lot of
Freeman Park. Councilmember Zerby stated he was concerned with the potential for "mixed messages"
within the Parks Master Plan as the design for the south parking lot was no longer taking place in the
manner described in the Master Plan. Also, he requested the redesign for the south parking lot be brought
back to Council for further review in the future.
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B. Report on Dog Owner Education Plan - Pat Arnst, Pal.k Commission Chair
Chair Arnst shared an example of the pet owner information packet regarding the City's revised pet
ordinance and "mutt mitt," and dog bone, to be given to dog owners upon annual license renewal with the
City as part of the dog owner education plan. The Park Commission also recommended this information
be shared with residents in the City's newsletter, and also laminated signage be posted along the trail in
the fall.
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REGULAR CITY COUNCIL MEETING MINUTES
June 23, 2003
Page 3 of 6
7. PLANNING
Commissioner Borkon stated there had not been a meeting of the Planning Commission since the most
recent Regular City Council Meeting, thus, there was nothing to report.
8. GENERAL/NEW BUSINESS
A. Follow-up on Barking Dog Petition Presented to Council on June 9, 2003
Administrator Dawson explained Council had been presented with a petition from owners of 14 properties
in the area who believed there were dogs at two properties in the area whose barking was "excessive,
continuous, and untimely." Staff had researched the issues of concern for residents and Council
pertaining to this matter.
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The core issue of how the nuisance could be abated was presented for discussion. As part of this
discussion, Administrator Dawson briefly reviewed the appropriate sections of the City's "dog
ordinance". He also noted the action taken by the South Lake Minnetonka Police Department over the
past 29 months regarding this matter. Administrator Dawson explained that dogs were considered
property and as such, the owners of the dogs had property rights protection and were entitled to due
process through the legal system. He stated the City's ordinance, was typical in its standards of
performance for what would require enforcement of the ordinance, and he went on to suggest the City's
ordinance could be changed to include responsibility of the nuisance within the property owner. He also
suggested a graduated system of sanctions could be developed.
With regard to the redress requested in the petition, Administrator Dawson noted the City was limited in
action by its ordinances. He described the legal remedies that could be utilized in this matter, and noted
Council could choose to seek legal action in this matter.
Attorney Keane provided additional clarification of the legal remedies for this issue, noting the petition
shared with Council indicated a public nuisance had taken place in recent months.
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Tom Schneider, 5000 Suburban Drive, stated he was concerned for the definition of excessive barking
and asked for clarification from Attorney Keane. He also stated he would like to see the City take action
on the matter as it would prove beneficial for the neighborhood.
Douglas Pahl, 4985 Suburban Drive, stated he had heard the dogs barking over the past years in spite of
the one and one-half block distance from Mr. Schneider's residence. He stated he was concerned the City
and SLMPD were not taking action on this matter, and believed the nuisance involved negligence on the
part of the dog owner. He requested Council taken action on this issue as soon as possible for remedy.
In response to Councilmember Garfunkel's question, Attorney Keane suggested the specific performance
standards found in the current ordinance were problematic, and common sense needed to be part of a
revision process for this matter. Further he stated it was important to move the ordinance toward having
the property owner be held liable for a public nuisance as was demonstrated in this case.
Mayor Love stated he was certain a problem existed, and had heard the concerns of the Police regarding
issuing citations without the performance standards in the ordinance being met. He further stated he
would like to see the Council reexamine the ordinance and strive for objectivity in the ordinance in the
future.
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REGULAR CITY COUNCIL MEETING MINUTES
June 23, 2003
Page 4 of 6
Councilmember Zerby stated it was clear in this case that a problem existed, and he was disappointed the
dog owner or property owner was not present this evening. He thought appropriate action should be taken
by the City with regard to filing a criminal nuisance action within the legal system.
Attorney Keane, in response to Councilmember Garfunkel' s question, explained both a criminal nuisance
action and civil nuisance action should be filed concurrently and he was confident the City's ordinance
would support such action. He also recommended amending the ordinance to hold the property owner
strictly liable in matters such as this one.
Zerby moved, Lizee seconded, Directing Staff, the City Prosecutor, and the City Attorney to
Proceed with filing Criminal Nuisance Action charges and Civil Nuisance Action charges in this
case.
Mr. Schneider stated he had further information that might be useful to the City in its prosecution of this
case, and noted the nuisance persisted from the dogs at both houses referenced in terms of being a
nuisance, as well as being untimely and excessive.
Councilmember Turgeon stated she thought the City should send a letter to the property owner explaining
the course of action being pursued by the . City with regard to the barking dogs, as well as noticing
residents of potential changes to this ordinance.
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Motion passed 5/0.
Mayor Love directed Staff, at Council's request, to have the Planning Commission review the dog
ordinance with notice to residents of this review being placed in the City newsletter.
B. Consideration of Metro Transit Opt-Out
Administrator Dawson reviewed the history regarding the City's option to consider "opting-out" of the
Metropolitan Transit system. He also provided Council with the proposal offered by Metro Transit with
regard to an advanced service plan for the area. He also noted the Staff of the Senior Community
Services indicated satisfaction with the proposal. He then introduced David Christianson, Manager of the
Regional Transportation Services for the Metropolitan Council. .
Mr. Christianson explained Metro Transit had been the core urban carrier, providing 90% of the transit
services in the area, including such transportation services as Metro Mobility. He also noted Metro
Transit contracted for private services, such as those found in Senior Community Services, for Local
Dial-A-Ride. He stated Met Council was offering to improve current services, mainly at the local level,
and hoped that the City would be willing to stay with the current system, as Met Council fully intended to
increase service and meet with City representatives to monitor the implemented enhancements in the
upcoming years. These enhancements included expansion of the current 9:00 A.M. to 2:00 P.M. weekday
service to 8:00 A.M. to 4:00 P.M., and weekend service to include four hours on Saturdays to be
supplemented by runs to Ridgedale if Senior Community Services believed demand was sufficient, as
well as four hours on Sunday mornings. Additional conditions would be noted in the Met. Council
Capital Improvement Project list and become part of Met Council Transit Services Capital planning
process.
Mayor Love thanked the Met. Council Staff and Mary Hill Smith for swift attention to the City's
concerns, and he liked that the response included the needs of all five South Lake Minnetonka
communities.
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REGULAR CITY COUNCIL MEETING MINUTES
June 23, 2003
Page 5 of 6
Councilmember Lizee stated she liked the positive partnering with the City Staff, LJR, Inc., and the
Planning Commission in this matter, and she liked being able to work with Met Council to bring about
positive changes for residents of the area.
Councilmember Turgeon questioned how the process would be handled should residents place extra
demands on the enhanced system. Mr. Christianson responded there would be a yearly management
review process to answer concerns of residents.
Councilmember Zerby thought the addition of services was a great solution and thanked all parties
involved for bringing it to fruition.
Garfunkel moved, Lizee seconded, Adopting RESOLUTION NO. 03-056, "A Resolution That the
City of Shorewood Not Make Application for Assistance to the Metropolitan Council to Provide
Transit Services Under the Replacement Transit Service, aka Opt-Out Transit Program," subject
to the enhancements stated. Motion passed 5/0.
9. ENGINEERING/PUBLIC WORKS
A. Accept Bids and Award Contract - Smithtown Road Rehabilitation
Engineer Brown reported seven bids were received on June 11, 2003 for the Smithtown Road
Rehabilitation project, and were tabulated for accuracy. He went on to state Midwest Asphalt
Corporation had submitted the most economical bid for the project.
In response to Councilmember Zerby's question, Engineer Brown stated the completion date of the
project was established as November 15, 2003, for planning purposes. He noted the project would take
approximately 18 weeks to complete with six weeks being allowed for each section of roadway.
Zerby moved, Lizee seconded, Adopting RESOLUTION NO. 03-056, "A Resolution Accepting Bids
and Awarding Contract for the Smithtown Road Pavement Rehabilitation Project, City Project 01-
12, S.A.P. 216-101-03." Motion passed 5/0.
B.
Reschedule Public Information Date for Mallard Lane and Teal Circle Roadway
Reconstruction
Engineer Brown explained a conflict had appeared again for the Public Information Date and that meeting
would need to be rescheduled to July 23,2003, from 5:30 -7:00 PM.
10. REPORTS
A. Administrator & Staff
1. County Road 19 Intersection
Administrator Dawson stated the City of Tonka Bay was considering an offer from Hennepin County at
this time.
REGULAR CITY COUNCIL MEETING MINUTES
June 23, 2003
Page 6 of 6
2. Public Safety Facilities
Administrator Dawson stated progress continued on the West Side facility with anticipated occupancy by
year-end. He also reported occupancy could take place at the East Side facility as early as the beginning
of 2004.
3. Smithtown Road
There was nothing new to report on this matter at this time.
B. Mayor & City Council
Mayor Love reported there would be an Excelsior Fire District Meeting on Wednesday, June 25,2003.
11. ADJOURN
Zerby moved, Lizee seconded, Adjourning the Regular City Council Meeting of June 23, 2003, at
9:17 P.M. Motion passed 5/0.
RESPECTFULL Y SUBMITTED,
Sally Keefe,
Recording Secretary
Woody Love, Mayor
ATTEST:
Craig W. Dawson, City Administrator
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CITY OF SHOREWOOD
CITY COUNCIL WORK SESSION
MONDAY, JUNE 23, 2003
5755 COUNTRY CLUB ROAD
COUNCIL CHAMBERS
Immediately following the
EDA Meeting
MINUTES
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1. CONVENE WORK SESSION MEETING
Mayor Love called the meeting to order at 9:34 P.M.
A.
Roll Call
Present:
Mayor Love; Councilmembers Garfunkel, Lizee, Turgeon, and Zerby;
Administrator Dawson; Engineer Brown; Finance Director Burton
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Absent:
Attorney Keane and Planning Director Nielsen
B. Review Agenda
Mayor Love reviewed the Agenda and without objection from the Council, proceeded with the
Agenda for the evening.
2. Capital Improvement Program 2004--2008
Administrator Dawson explained that as part of the preparations for the upcoming year, a
preliminary 2004-2008 Capital Improvement Program (ClP) was presented for discussion at this
meeting. He noted the Council had approved the process for review of the CIP at the May 12,
2003, Work Session Meeting. As a result, Staff would review changes to the past CIP, but was
also prepared to discuss or describe in detail the items listed in the 2004-2008 ClP presented this
evemng.
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Administrator Dawson reviewed proposed improvements to the municipal water, municipal state
aid roadways, local roadways, stonnwater management, sanitary sewer, public facilities, park
improvement fund, trails, and land and open space acquisition portion of the CIP. Finance
Director Burton also shared information regarding legislative changes to funding capital
improvements, and also held an initial discussion of the potential revenue for the City from
franchise fees.
With regard to the City's municipal water system, Councilmember Turgeon stated she would like
to see further research into creative financing options, rather than an "across-the board" surcharge
to residents for improvements made to the City's water system. Mayor Love agreed the water
system should be self-supportive. In response to Council's request, Staff agreed to provide more
information regarding the use of water revenue bonds.
Engineer Brown commended the Public Works crew for the pride demonstrated in improving the
City's water system. He noted the crew had provided exceptional dedication and diligence in the
various projects associated with improving and maintaining the water system throughout the City
in recent years.
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CITY COUNCIL WORK SESSION MEETING MINUTES
June 23, 2003
Page 2 of 2
Mayor Love left the meeting at 10:14 P.M. with Acting Mayor Garfunkel in charge of the meeting.
Mayor Love returned to the meeting and mayoral duties for the meeting at 10:29 P.M.
With regard to conservation open space land acquisitions, Councilmember Turgeon stated she was
interested formulating a plan to educate and promote conservation open space prior to setting aside
funding each year for this idea. Mayor Love stated he would like to see some funding set aside
each year, based on the recommendation of the Land Conservation and Environment Committee,
and he also believed the residents had deomonstrated their interest in this subject in Srecent years.
Councilmember Garfunkel agreed. Finance Director Burton stated she believed the budget could
sustain funding in the recommended manner set forth by the LCEC, but thought Council may want
to discuss the matter further at a future Work Session Meeting.
3. ADJOURN
Garfunkel moved, Lizee seconded, Adjourning the Work Session Meeting of June 23, 2003, at
11:04 P.M. Motion passed 5/0.
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RESPECTFULLY SUBMITTED,
Sally Keefe,
Recording Secretary
Woody Love, Mayor
Craig W. Dawson, City Administrator
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PAYROLL APPROVALS
For 7/14/03 Council Meeting
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Date: 7-/0-{)3
Prepared by:
Catherine Elke, Sr. Accountant
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Reviewed by: ~ . 1/l.~ ~Date: 7-/0-03
Bonnie Burton, Finance Di ector
r Date: tJ1 J/Jr 03
wson, City Administrator
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Payroll Register
Check # Last Name First Name MI Chec~ Amt Check Date
2205 BAILEY BOYD C 1,385.45 711/2003
2206 BURTON BONNIE M 1,888.58 71112003
2207 DAVIS CHARLES S 1,060.28 711/2003
2208 EISCHENS JAMES E 855.57 711/2003
2209 ELKE CATHERINE M 894.45 711/2003
2210 FASCHING PATRICIA L 822.40 711/2003
2211 FIELD DALE F 684.25 7/112003
2212 GROUT lWILA R 883.86 711/2003
2213 HELLING PAMELA J 599.81 711/2003
2214 HIRSCH DANA M 82.13 711/2003
2215 JOHNSON DENNIS D 1,275.48 7/1/2003
2216 LUGOWSKI JOSEPH P 1,285.03 7/112003
2217 MASON BRADLEY J 950.94 71112003
2218 MOORE JULIE K 341.81 711/2003 .
2219 NGUYEN MICHELLE T 740.47 711/2003
2220 NIELSEN BRADLEY J 1,137.93 711/2003
2221 PANCHYSHY JEAN M 1,324.81 711/2003
2222 PAZANDAK JOSEPH E 1,485.22 7/112003
2223 RANDALL DANIEL J 1,629.37 7/112003
2224 SCHMID CHRISTOPHER E 655.27 711/2003
2225 STARK BRUCE H 1,282.61 7/112003
2226 SW ANDBY DONALD R 1,328.76 7/112003
2227 TOWER TERRY R 978.60 7/1/2003
217861 ARMSTRON MICHAEL R 113.42 711/2003
217862 BAKER RICHARD M 57.14 71112003
217863 BECKER MARYLOU 22.86 71112003
217864 BROWN LAWRENCE A 2,001.78 71112003 .
217865 DAWSON CRAIG W 1,785.23 7/112003
217866 DICKSON JEREMIAH J 355.29 711/2003
217867 DUFFY DAVID C 106.30 71112003
217868 HELGESEN PATRICIA R 1,118.96 7/112003
217869 LATTERNER SUSAN M 130.87 7/112003
217870 MADSEN ANDREW G 373.49 711/2003
217871 PARENT MICHELLE L 178.65 7/112003
217872 PLA THE CRAIG V 80.98 7/1/2003
217873 THURSTON DOROTHY M 55.79 711/2003
Total of Checks $29,953.84
Thursday, July 10,2003
Page 1 ofl
PAYABLBSAPPROVALS
For 7/14/03 Council Meeting
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Prepared by: (~{;l111'f elk
Catherine BIke, Sr. Accountant
Reviewed bY:~':p BLl1~Date: 7:-/0.-{) 3
Bonnie Burton, po nce D rector
Date: 7-1 () -03
Approved by: Date: {J7.JIJ. tJ3
Crai awson, City Administrator
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Check Approval List for 07/14/03 Council Meeting
Check # Vendor Name Description Check Date Invoice # Amount
35436 SENSIBLE LAND USE CO REG FEE-D. WOODRUFF 6/23/2003 $40.00
TOTAL FOR SENSIBLE LAND USE COAUTN $40.00
35437 US POSTMASTER JULY NEWSLETTER PST 6/23/2003 $555.78
TOTAL FOR US POSTMASTER $555.78
35438 ADAM'S PEST CONTROL QTRL Y SVC 6/27/2003 108327 $63.78
TOTAL FOR ADAM'S PEST CONTROL, INC $63.78
35439 AFSCME COUNCIL 14 BAL OF JUNE DENTAL IN 6/27/2003 $34.30
35439 AFSCME COUNCIL 14 JULY DENTAL 6/27/2003 $304.50
TOTAL FOR AFSCME COUNCIL 14 $338.80
35440 ARCTIC GLACIER INC 6/27/2003 38731650 $71.64
35440 ARCTIC GLACIER INC 6/27/2003 38731670 $61.56
35440 ARCTIC GLACIER INC 6/27/2003 38731670 $36.24
TOTAL FOR ARCTIC GLACIER INC $169.44
35441 AT&T WIRELESS SERVI LIFT STATION CELL PHO 6/27/2003 2893733-0 $47.75
35441 AT&T WIRELESS SERVI LIFT STATION CELL PHO 6/27/2003 2893733-0 $234.18
35441 AT&T WIRELESS SERVI LIFT STAT CELLlBJN/LB C 6/27/2003 4160966-0 $34.39
35441 AT&T WIRELESS SERVI LIFT STAT CELLlBJN/LB C 6/27/2003 4160966-0 $62.34
35441 AT&T WIRELESS SERVI LIFT STAT CELLlBJN/LB C 6/27/2003 4160966-0 $66.99
TOTAL FOR AT&T WIRELESS SERVICES $445.65
35442 BUREAU OF ALCOHOL,T 41-6005142 SPEC TAX ST 6/27/2003 $250.00
35442 BUREAU OF ALCOHOL,T 41-6005142 SPEC TAX ST 6/27/2003 $250.00
TOTAL FOR BUREAU OF ALCOHOL, TOBACCO $500.00
35443 CONSTRUCTION BULLE SMITHTOWN RD BID AD 6/27/2003 2335751 $125.58
35443 CONSTRUCTION BULLE SMITHTOWN RD BID AD 6/27/2003 2338405 $125.58
TOTAL FOR CONSTRUCTION BULLETIN $251.16
35444 EXTREME BEVERAGE 6/27/2003 130049 $64.00
TOTAL FOR EXTREME BEVERAGE $64.00
35445 FORTIS BENEFITS INS C JULY STD PREM 6/27/2003 $9.00
35445 FORTIS BENEFITS INS C JULY STD PREM 6/27/2003 $9.00
35445 FORTIS BENEFITS INS C JULY STD PREM 6/27/2003 $81.00
TOTAL FOR FORTIS BENEFITS INS CO $99.00
35446 GOPHER STATE ONE-CA MAY SVC 6/27/2003 3050694 $90.67
35446 GOPHER STATE ONE-CA MAY SVC 6/27/2003 3050694 $90.68
TOTAL FOR GOPHER STATE ONE-CALL, IN $181.35
35447 HAWKINS WATER TREA 6/27/2003 89643 $55.00
TOTAL FOR HAWKINS WATER TREATMENT $55.00
35448 LOCAL LINK USA BUSIN JULY WEB SVC 6/27/2003 95220466 $99.95
TOTAL FOR LOCAL UNK USA BUSINESS SERVIC $99.95
35449 MEDICA JULY HEALTH PREM 6/27/2003 10318213 $505.49
35449 MEDICA JULY HEALTH PREM 6/27/2003 10318213 $558.71
35449 MEDICA JULY HEALTH PREM 6/27/2003 10318213 $8,755.67
TOTAL FOR MEDICA $9,819.87
35450 MIDWEST COCA-COLA B 6/27/2003 61269179 $148.08
35450 MIDWEST COCA-GOLA B 6/27/2003 63261147 $130.10
TOTAL FOR MIDWEST COCA-COLA BOTTUN $278.18
35451 MINN NCPERS GROUP L ELECT LIFE PREM 6/27/2003 $12.00
TOTAL FOR MINN NCPERS GROUP UFE INS $12.00
i'~~ilt~J':<G'-SZ;T3>~.mii"~'9..;;i:;'.i!l\~~<.?J!:lm!l1.~:~~~W-~~~~~~~..myeJ.~~~r~':1I!,1'i!f~~;m;"o;f!m'lJ.m:!l';Cj'M;.~~~'J!
Thursday, July 10, 2003 Page 1 of 10
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Check# Vendor Name Description Check Date Invoice # Amount
35452 MOUND-CITY OF 3RD QTR FIRE SVC 6/27/2003 921-03 $2,552.50
TOTAL FOR MOUND-CITY OF $2,552.50
35453 OFFICE MAX CREDIT PL SUPPLIES 6/27/2003 $46.48
TOTAL FOR OFFICE MAX CREDIT PLAN $46.48
35454 QUALITY WINE & SPIRIT 6/27/2003 271830-00 ($63.95)
35454 QUALITY WINE & SPIRIT 6/27/2003 274282-00 $823.06
35454 QUALITY WINE & SPIRIT 6/27/2003 274283-00 $660.78
35454 QUALITY WINE & SPIRIT 6/27/2003 274320-00 $66.50
35454 QUALITY WINE & SPIRIT 6/27/2003 274347-00 $1,308.10
35454 QUALITY WINE & SPIRIT 6/27/2003 274366-00 $230.67
35454 QUALITY WINE & SPIRIT 6/27/2003 274366-00 $897.26
TOTAL FOR QUAUTY WINE & SPIRITS CO $3,922.42
35455 QWEST 6/27/2003 $57.89
TOTAL FOR QWEST $57.89
35456 RAY'S PLUMBING PLBG REPAIRS 6/27/2003 16251 $50.00
TOTAL FOR RAY'S PLUMBING $50.00
35457 ROGERS, DON COUNCIL PKT DELIVERY 6/27/2003 $150.00
TOTALFOR ROGERS, DON $150.00
35458 SUN PATRIOT NEWSPA PLANNING COMM-REVISI 6/27/2003 681 $25.87
TOTAL FOR SUN PATRIOT NEWSPAPERS INC $25.87
35459 TECHIES JULY SVC 6/27/2003 $500.00
TOTAL FOR TECHIES $500.00
35460 TOWLE REAL ESTATE C JULY RENT 6/27/2003 $4,679.49
TOTAL FOR TOWLE REAL ESTATE COMPANY $4,679.49
35461 TRI COUNTY BEVERAGE 6/27/2003 138477 $16.80
TOTAL FOR TRI COUNTY BEVERAGE & SUPPLY $16.80
35462 UNUM LIFE INSURANCE JULY L TD PREM 6/27/2003 $18.71
35462 UNUM LIFE INSURANCE JULY L TD PREM 6/27/2003 $21.21
35462 UNUM LIFE INSURANCE JULY L TD PREM 6/27/2003 $255.67
TOTAL FOR UNUM UFE INSURANCE CO $295.59
35463 VIKING LAND TREE CAR TREE REMOVAL-CHASKA 6/27/2003 2802 $359.75
35463 VIKING LAND TREE CAR GRANT LORENZ STORM 6/27/2003 2815 $75.00
TOTAL FOR VIKING lAND TREE CARE INC $434.75
35464 WESTSIDE WHOLESALE 6/27/2003 514933 $174.08
TOTAL FOR WESTSIDE WHOLESALE TIRE $174.08
35465 XCEL ENERGY 6/27/2003 2095-300- $2,051.87
TOTAL FOR XCEL ENERGY $2,051.87
35466 1 ST L1NE/LEEWES VENT CONCESSION SUPPLIES 7/2/2003 40036 $49.36
35466 1 ST L1NE/LEEWES VENT CONCESSION SUPPLIES 7/2/2003 40036 $146.00
TOTAL FOR 1ST UNElLEEWES VENTURES LLC $195.36
35467 AFSCME COUNCIL 14 JULY UNION DUES 7/2/2003 $193.90
TOTAL FOR AFSCME COUNCIL 14 $193.90
35468 ANCHOR PAPER COMPA 7/2/2003 14620210 $82.40
TOTAL FOR ANCHOR PAPER COMPANY $82.40
35469 ARCTIC GLACIER INC 7/2/2003 38731720 $91.08
35469 ARCTIC GLACIER INC 7/2/2003 38731720 $68.16
35469 ARCTIC GLACIER INC 7/2/2003 38731740 $15.72
TOTAL FOR ARCTIC GlACIER INC $174.96
35470 BIFFS, INC. 7/2/2003 W192425- $669.10
TOTAL FOR BIFFS, INC. $669.10
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Thursday, July 10, 2003 Page 2 of 10
Check # Vendor Name Description Check Date Invoice # Amount
35471 C.H CARPENTER LUMBE LUMBER FOR PICNIC TA 7/2/2003 468845 $33.15
35471 C.H CARPENTER LUMBE LUMBER FOR PICNIC TA 7/2/2003 468852 $33.15
TOTAL FOR C.H CARPENTER LUMBER $66.30
35472 COUNTRYMAN,NANCY HOT DOG ROLLER FOR C 7/2/2003 $250.00
TOTAL FOR COUNTRYMAN, NANCY $250.00
35473 DEPT OF NATURAL RES DNR PERMIT FEES 7/2/2003 $531.13
TOTAL FOR DEPT OF NATURAL RESOURCES $531.13
35474 ESS BROTHERS & SONS WATER DEPT PARTS 7/2/2003 FF2048 $164.01
TOTAL FOR ESS BROTHERS & SONS INC $164.01
35475 GALLES CORP PARK SUPPLIES 7/2/2003 103777 $73.42
35475 GALLES CORP PARK SUPPLIES 7/2/2003 103817 $252.09
TOTAL FOR GALLES CORP $325.51
35476 HERMEL WHOLESALE 7/2/2003 419526 $88.68
35476 HERMEL WHOLESALE 7/2/2003 419526 $547.24
35476 HERMEL WHOLESALE 7/2/2003 419528 $81.48
35476 HERMEL WHOLESALE 7/2/2003 419528 $339.79
TOTAL FOR HERMEL WHOLESALE $1,057.19
35477 ICMA RETIREMENT TRU PAYROLL DEDUCTIONS 7 7/2/2003 302131-07 $1,086.28 .
TOTAL FOR ICMA RETIREMENT TRUST-457 $1,086.28
35478 INTER-TEL INC NEW PHONE INSTALL 7/2/2003 1095656 $714.17
TOTAL FOR INTER-TEL INC $714.17
35479 KEEFE,SALLY 6/23/03 MTG 7/2/2003 $230.00
TOTAL FOR KEEFE, SALLY $230.00
35480 MARLIN'S TRUCKING 7/2/2003 12771/802 $49.05
35480 MARLIN'S TRUCKING 7/2/2003 12771/802 $49.05
35480 MARLIN'S TRUCKING 7/2/2003 12772/803 $58.95
35480 MARLIN'S TRUCKING 7/2/2003 12772/803 $58.95
TOTAL FOR MARUN'S TRUCKING $216.00
35481 METRO SALES, INC. PRIPORT INK 7/2/2003 87549A $21.30
TOTAL FOR METRO SALES, INC. $21.30
35482 MIDWEST COCA-COLA B 7/2/2003 28917374 $205.69
35482 MIDWEST COCA-COLA B 7/2/2003 63266112 $255.30
35482 MIDWEST COCA-COLA B 7/2/2003 63266120 ($7.00) .
TOTAL FOR MIDWEST COCA-COLA BOTTLIN $453.99
35483 MN CHILD SUPPORT PM CHILD SUPPORT - C SCH 7/2/2003 $232.02
TOTAL FOR MN CHIW SUPPORT PMT CTR $232.02
35484 NGUYEN, MICHELLE JUNE MILEAGE 7/2/2003 $18.90
TOTAL FOR NGUYEN, MICHELLE $18.90
35485 NORTHERN TOOL & EQ SEWER DEPT SUPPLIES 7/2/2003 08283819 $46.58
TOTAL FOR NORTHERN TOOL & EQUIP CO $46.58
35486 PAZANDAK, JOSEPH MILEAGE 6/16 - 6/27/03 7/2/2003 $91.44
TOTAL FOR PAZANDAK, JOSEPH $91.44
35487 PERA PAYROLL DEDUCTIONS 7 7/2/2003 762400-07 $2,437.68
35487 PERA PAYROLL DEDUCTIONS 7 7/2/2003 762400-07 $2,248.09
TOTAL FOR PERA $4,685.77
35488 PRUDENTIAL INS CO OF JULY LIFE PREM 7/2/2003 $3.90
35488 PRUDENTIAL INS CO OF JULY LIFE PREM 7/2/2003 $3.90
35488 PRUDENTIAL INS CO OF JULY LIFE PREM 7/2/2003 $37.05
35488 PRUDENTIAL INS CO OF JULY LIFE PREM 7/2/2003 $81.65
TOTAL FOR PRUDENTIAL INS CO OF AMERICA $126.50
.
.
Check # Vendor Name Description Check Date Invoice # Amount
35489 PURCHASE POWER METER REFILL 7/2/2003 $1,219.00
TOTAL FOR PURCHASE POWER $1,219.00
35490 QUALITY WINE & SPIRIT 7/2/2003 276911-00 $47.47
35490 QUALITY WINE & SPIRIT 7/2/2003 276912-00 $265.22
35490 QUALITY WINE & SPIRIT 7/2/2003 276938-00 $1,077.66
35490 QUALITY WINE & SPIRIT 7/2/2003 276938-00 $339.57
35490 QUALITY WINE & SPIRIT 7/2/2003 276986-00 $127.71
35490 QUALITY WINE & SPIRIT 7/2/2003 276986-00 $988.05
TOTAL FOR QUAUTY WINE & SPIRITS CO $2,845.68
35491 QWEST DEX 7/2/2003 01516110 $212.80
35491 QWEST DEX 7/2/2003 01516110 $66.50
TOTAL FOR QWEST DEX $279.30
35492 TKDA & ASSOCIATES IN WATER LEAK LOCATE-CI 7/2/2003 62332 $323.73
TOTAL FOR TKDA & ASSOCIATES INC $323.73
35493 TOLL GAS & WELDING PLASMA CUTTER 7/2/2003 255139 $2,626.29
TOTAL FOR TOLL GAS & WEWING $2,626.29
35494 WATERFORD CENTER JULY RENT 7/2/2003 0703F $5,007.13
TOTAL FOR WATERFORD CENTER $5,007.13
35495 US POSTMASTER 2ND QTA UTILITY BILLS 7/9/2003 $242.07
35495 US POSTMASTER 2ND QTR UTILITY BILLS 7/9/2003 $363.11
TOTAL FOR US POSTMASTER $605.18
35496 ANDERSON, KRISTI B. 1 ST HALF JULY MTGS 7/10/2003 $200.00
TOTAL FOR ANDERSON, KRISTI B. $200.00
35497 ARCTIC GLACIER INC 7/10/2003 38731790 $59.40
35497 ARCTIC GLACIER INC 7/10/2003 38731790 $58.00
35497 ARCTIC GLACIER INC 7/10/2003 39531810 $59.16
35497 ARCTIC GLACIER INC 7/10/2003 39531810 ($2.40)
35497 ARCTIC GLACIER INC 7/10/2003 39531811 $21.44
TOTAL FOR ARCTIC GLACIER INC $195.60
35498 B-QUIST'S INC CONCESSIONS SUPPLlE 7/10/2003 JUNE ST $32.67
TOTALFOR B-QUIST'SINC $32.67
35499 BRAUN PUMP & CONTR LIFT STATION 6 REPAIRS 7/10/2003 5830 $350.40
35499 BRAUN PUMP & CONTR REPR BADGER WELL 7/10/2003 5841 $2,551.32
TOTAL FOR BRAUN PUMP & CONTROLS $2,901.72
35500 COMMUNITY REC RESO JUNE SVCS 7/10/2003 5 $1,060.00
TOTAL FOR COMMUNITY REC RESOURCES $1,060.00
35501 COVERALL OF THE TWI CITY HALL CLEANING SV 7/10/2003 n130 $335.48
35501 COVERALL OF THE TWI PW CLEANING SVC 7/10/2003 n131 $195.96
TOTAL FOR COVERALL OF THE TWIN CITIES IN $531.44
35502 DALE GREEN CO REPR PLOW DAMAGE 7/10/2003 6657 $447.30
TOTAL FOR DALE GREEN CO $447.30
35503 EAGLE CREST HOMES I ESCR REF-PARK LN LOT 7/10/2003 $12,000.00
TOTAL FOR EAGLE CREST HOMES INC $12,000.00
35504 EAST SIDE BEVERAGE 7/10/2003 411029 $645.25
35504 EAST SIDE BEVERAGE 7/10/2003 411029 $31.20
35504 EAST SIDE BEVERAGE 7/10/2003 411033 $22.50
35504 EAST SIDE BEVERAGE 7/10/2003 411033 $1,520.75
TOTAL FOR EAST SIDE BEVERAGE COMPAN $2,219.70
35505 EDINA COURIERS LLC PKG TO DEPT OF HEAL T 7/1 0/2003 63365 $20.90
TOTAL FOR EDINA COURIERS LLC $20.90
m&~;~"1i1t.i;;~S:l!l-~W"i;';;'!".~]:;;':Z:_t,i~...';;:~~~"7:=~~~'ii1l&YW;,~~,!::~;:>r,'~'i;'!.;f~r:;i~~~ez-s.;M:~~~~~~~;3r::.'1',!S'~~-- f\,>V~~1I
Thursday, July 10,2003 Page 4 of 10
Check# Vendor Name Description Check Date Invoice # Amount
35506 ESS BROTHERS & SONS STREETS DEPT PARTS 7/10/2003 FF2114 $89.46
TOTAL FOR ESS BROTHERS & SONS INC $89.46
35507 EXCELSIOR ACE HARD BLEACH 7/10/2003 569696 $3.17
35507 EXCELSIOR ACE HARD PW PARTS 7/10/2003 570832 $1.59
35507 EXCELSIOR ACE HARD BLEACH/DISTILLED WAT 7/10/2003 571006 $10.47
TOTAL FOR EXCELSIOR ACE HARDWARE $15.23
35508 EXTREME BEVERAGE 7/10/2003 131699 $32.00
TOTAL FOR EXTREME BEVERAGE $32.00
35509 G & K SERVICES 7/10/2003 063003 $507.90
TOTAL FOR G & K SERVICES $507.90
35510 GALLES CORP WATER DEPT SUPPLIES 7/10/2003 103816 $30.42
35510 GALLES CORP PARK SUPPLIES 7/10/2003 103848 $66.55
TOTAL FOR GALLES CORP $96.97
35511 HOPKINS PARTS COMP OIL FILTERS 7/10/2003 113897 $60.23
TOTAL FOR HOPKINS PARTS COMPANY $60.23
35512 ICMA CONFERENCE RE REG FEE-C DAWSON 7/10/2003 $531.00
TOTAL FOR ICMA CONFERENCE REGIST $531.00
35513 LEAGUE OF MN CITIES I INS DEDUCTIBLE-CLAIM 7/10/2003 $500.00
TOTAL FOR LEAGUE OF MN CITIES INS T $500.00
35514 LONG LAKE POWER EQ PW SUPPLIES 7/10/2003 48125 $97.81
TOTAL FOR WNG LAKE POWER EQUIPMENT $97.81
35515 LUGOWSKI, JOSEPH SEC 125 REIMBURSEME 7/10/2003 $326.34
TOTAL FOR LUGOWSKI, JOSEPH $326.34
35516 MCCARY, TOM ESCR REF-6010 RIDGE R 7/10/2003 $11,850.00
TOTAL FOR MCCARY, TOM $11,850.00
35517 MCES, YOUTH PROGRA CRESENT BEACH-JUNE L 7/10/2003 2024 $1,171.00
TOTAL FOR MCES, YOUTH PROGRAMS $1,171.00
35518 MINNESOTA DEPT OF H 2ND QTR WATER CONNE 7/10/2003 $1 ,579.00
TOTAL FOR MINNESOTA DEPT OF HEALTH $1,579.00
35519 MINNESOTA STATE TRE 2ND QTR BLDG PERMIT 7/10/2003 $1,510.11
TOTAL FOR MINNESOTA STATE TREASURER $1,510.11
35520 MN SUN PUBLICATIONS FENCE REG 7110/2003 610520 $35.75
35520 MN SUN PUBLICATIONS 2002 DRINKING WATER R 7/10/2003 611822 $421.85
TOTAL FOR MN SUN PUBUCATIONS $457.60
35521 NATIONAL WATERWOR 7/10/2003 9448294 $385.80
TOTAL FOR NATIONAL WATERWORKS INC $385.80
35522 NEXTEL COMMUNICATI 7110/2003 58828331 $31.61
35522 NEXTEL COMMUNICATI 711012003 58828331 $186.62
35522 NEXTEL COMMUNICATI 7110/2003 58828331 $186.62
35522 NEXTEL COMMUNICATI 7/10/2003 58828331 $186.62
TOTAL FOR NEXTEL COMMUNICATIONS $591.47
35523 NIELSEN, BRADLEY SEC 125 REIMBURSEME 7/10/2003 $107.49
TOTAL FOR NIELSEN, BRADLEY $107.49
35524 QUALITY WINE & SPIRIT 7/10/2003 280299-00 $920.07
35524 QUALITY WINE & SPIRIT 7/10/2003 280299-00 $213.67
35524 QUALITY WINE & SPIRIT 7/10/2003 280301-00 $1,538.78
TOTAL FOR QUAUTY WINE & SPIRITS CO $2,672.52
35525 QWEST 7/10/2003 $50.79
35525 QWEST 7/10/2003 $50.79
35525 QWEST 7/10/2003 $89.70
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Thursday, July 10, 2003 Page 5 of 10
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.
.
.
Check# Vendor Name Description Check Date Invoice # Amount
TOTAL FOR QWEST $191.28
35526 RESOURCEFUL BAG & T RECYCLING BINS 7/10/2003 8387 $990.00
TOTAL FOR RESOURCEFUL BAG & TAG INC $990.00
35527 SHOREWOOD TRUE VAL PARKS SUPPLIES 7/1 0/2003 54196 $4.14
35527 SHOREWOOD TRUE VAL MAILBOX LETTERS 7/10/2003 54200 $45.83
35527 SHOREWOOD TRUE VAL 7/10/2003 54485 $8.51
35527 SHOREWOOD TRUE VAL 7/10/2003 54514 $7.44
35527 SHOREWOOD TRUE VAL PAINT/ROLLERS 7/10/2003 54623 $32.88
TOTAL FOR SHOREWOOD TRUE VALUE $98.80
35528 SPEEDWAY SUPERAME 7/10/2003 $1,044.04
TOTALFOR SPEEDWAY SUPERAMERICA $1,044.04
35529 SUN PATRIOT NEWSPA REVISIONS TO CITY COD 7/10/2003 697 $23.88
TOTAL FOR SUN PATRIOT NEWSPAPERS INC $23.88
35530 TALLEN & BAERTSCHI JUNE PROF SVCS 7/10/2003 $1,212.51
TOTAL FOR TALLEN & BAERTSCHI $1,212.51
35531 TRI COUNTY BEVERAGE 7/10/2003 139272 $16.80
35531 TRI COUNTY BEVERAGE 7/10/2003 139272 $103.51
TOTAL FOR TRI COUNTY BEVERAGE & SUPPLY $120.31
35532 UNITED PARCEL SERVIC WATER SAMPLES PKG 7/10/2003 000YF067 $26.50
TOTAL FOR UNITED PARCEL SERVICE $26.50
35533 VERIZON WIRELESS, BE 7/10/2003 $44.93
TOTAL FOR VERIZON WIRELESS, BELLEVUE $44.93
35534 VISIT CHARLOTTE ICMA CONF HOUSING DE 7/10/2003 $150.00
TOTAL FOR VISIT CHARLOTTE $150.00
35535 WASTE MANAGEMENT 7/10/2003 0587465-1 $115.79
35535 WASTE MANAGEMENT 7/10/2003 0587466-1 $230.27
TOTAL FOR WASTE MANAGEMENT $346.06
35536 WINE SPECTATOR 2003 SUBS 7/10/2003 $45.00
TOTAL FOR WINE SPECTATOR $45.00
35537 ZIEGLER, INC. EQUIP REPR PARTS 7/1012003 PCOO0611 $113.24
TOTAL FOR ZIEGLER, INC. $113.24
35538 ABDO, EICK & MEYERS, 2002 AUDIT SVCS 7/15/2003 210623 $1,423.20
35538 ABDO, EICK & MEYERS, 2002 AUDIT SVCS 7/15/2003 210623 $1,423.20
35538 ABDO, EICK & MEYERS, 2002 AUDIT SVCS 7/15/2003 210623 $1 ,423.20
35538 ABDO, EICK & MEYERS, 2002 AUDIT SVCS 7/15/2003 210623 $8,539.20
35538 ABDO, EICK & MEYERS, 2002 AUDIT SVCS 7/15/2003 210623 $1,423.20
TOTAL FOR ABDO, EICK & MEYERS, UP $14,232.00
35539 ARCTIC GLACIER INC 7/15/2003 38731841 $59.64
35539 ARCTIC GLACIER INC 7/15/2003 38731860 $37.56
TOTAL FOR ARCTIC GLACIER INC $97.20
35540 BELLBOY BAR SUPPLY 7/15/2003 37184200 $85.90
35540 BELLBOY BAR SUPPLY 7/15/2003 37215900 $56.70
35540 BELLBOY BAR SUPPLY 7/15/2003 37216000 $36.64
TOTAL FOR BELLBOY BAR SUPPLY $179.24
35541 BELLBOY CORPORATIO 7/15/2003 26598400 ($144.58)
35541 BELLBOY CORPORATIO 7/15/2003 26598500 $159.95
35541 BELLBOY CORPORA TIO 7/15/2003 26645400 ($148.00)
35541 BELLBOY CORPORATIO 7/15/2003 26689800 $574.00
35541 BELLBOY CORPORATIO 7/15/2003 26689800 $572.00
35541 BELLBOY CORPORA TIO 7/15/2003 26689900 $268.75
35541 BELLBOY CORPORATIO 7/15/2003 26689900 $683.00
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Thursday, July 10, 2003
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Page 6 of 10
Check# Vendor Name Description Check Date Invoice # Amount
35541 BELLBOY CORPORA TIO 7/15/2003 26751300 $683.50
35541 BELLBOY CORPORATIO 7/15/2003 26751400 $770.60
TOTAL FOR BELLBOY CORPORATION $3,419.22
35542 BERRY COFFEE CO 7/15/2003 357625 $22.00
TOTAL FOR BERRY COFFEE CO $22.00
35543 BRAUN PUMP & CONTR LIFT ST#6 REPAIRS 7/15/2003 5885 $288.00
TOTAL FOR BRAUN PUMP & CONTROLS $288.00
35544 CULLIGAN BOTTLED W A 7/15/2003 114X2309 $41.06
TOTAL FOR CULUGAN BOTTLED WATER $41.06
35545 DAY DISTRIBUTING 7/15/2003 223740 $592.55
35545 DAY DISTRIBUTING 7/15/2003 223741 $1,139.40
35545 DAY DISTRIBUTING 7/15/2003 223741 $18.40
35545 DAY DISTRIBUTING 7/15/2003 224648 $1,112.72
35545 DAY DISTRIBUTING 7/15/2003 224649 $413.00
TOTAL FOR DAY DISTRIBUTING $3,276.07
35546 DIRECT SAFETY COMPA WORK GLOVES 7/15/2003 263718 $48.27
35546 DIRECT SAFETY COMPA WORK GLOVES 7/15/2003 263718 $48.27
TOTAL FOR DIRECT SAFETY COMPANY $96.54
35547 E-Z RECYCLING INC. JUNE SVC 7/15/2003 5365 $6,255.00
TOTAL FOR E-Z RECYCUNG INC. $6,255.00
35548 EAST SIDE BEVERAGE 7/15/2003 414204 $10.40
35548 EAST SIDE BEVERAGE 7/15/2003 414204 $2,291.85
35548 EAST SIDE BEVERAGE 7/15/2003 414210 $1,682.50
35548 EAST SIDE BEVERAGE 7/15/2003 416707 $282.70
35548 EAST SIDE BEVERAGE 7/15/2003 416716 $20.80
35548 EAST SIDE BEVERAGE 7/15/2003 416716 $1,523.35
TOTAL FOR EAST SIDE BEVERAGE COMPAN $5,811.60
35549 GRIGGS, COOPER & CO 7/15/2003 614931 ($8.00)
35549 GRIGGS, COOPER & CO 7/15/2003 615877 ($40.50)
35549 GRIGGS, COOPER & CO 7/15/2003 615878 ($40.50)
35549 GRIGGS, COOPER & CO 7/15/2003 731969 $218.27
35549 GRIGGS, COOPER & CO 7/15/2003 731970 $148.35
35549 GRIGGS, COOPER & CO 7/15/2003 731974 $312.97
35549 GRIGGS, COOPER & CO 7/15/2003 731975 $870.15
35549 GRIGGS, COOPER & CO 7/15/2003 735252 $32.25
35549 GRIGGS, COOPER & CO 7/15/2003 735253 $64.50
35549 GRIGGS, COOPER & CO 7/15/2003 735306 $398.97
35549 GRIGGS, COOPER & CO 7/15/2003 735444 $233.50
35549 GRIGGS, COOPER & CO 7/15/2003 735445 $181.80
35549 GRIGGS, COOPER & CO 7/15/2003 735683 $40.73
35549 GRIGGS, COOPER & CO 7/15/2003 735686 $246.98
35549 GRIGGS, COOPER & CO 7/15/2003 736008 $29.50
35549 GRIGGS, COOPER & CO 7/15/2003 736008 $1,013.63
35549 GRIGGS, COOPER & CO 7/15/2003 736010 $1,273.95
TOTAL FOR GRIGGS, COOPER & COMPANY $5,576.55
35550 JOHNSON BROS LlaUO 7/15/2003 1574093 $950.58
35550 JOHNSON BROS L1auo 7/15/2003 1574093 $1,426.30
35550 JOHNSON BROS L1auo 7/15/2003 1574094 $344.72
35550 JOHNSON BROS L1auo 7/15/2003 1574095 $931.75
35550 JOHNSON BROS L1auo 7/15/2003 1574095 $1,261.75
35550 JOHNSON BROS L1auo 7/15/2003 1577296 $29.99
35550 JOHNSON BROS L1auo 7/15/2003 1577296 $249.50
35550 JOHNSON BROS L1auo 7/15/2003 1577296 $711.05
~~~0r~4..~~~':r~::'t',.%:W:=~jli,~~tt~""~~%il<1F,~r!~\~~.;.~~~',;-ZfAtl~~?::.'jj.!
Thursday, July 10, 2003
-<.....~~~tr~~~~~
Page 7 of 10
.
.
.
.
Check# Vendor Name
35550
35550
35551
35552
35552
35553
35553
35553
35553
35553
35553
35553
35553
35554
35554
35554
35554
35554
35554
35554
35554
35554
35555
35555
35555
35555
35556
35556
35556
35556
35556
35556
35556
35557
35558
35558
35558
35558
35558
35558
35558
35558
35558
35559
Description
Check Date Invoice #
JOHNSON BROS L10UO 7/15/2003 1577297
JOHNSON BROS L10UO 7/15/2003 1577297
TOTAL FOR JOHNSON BROS LIQUOR CO.
KAR PRODUCTS SHOP SUPPLIES 7/15/2003 90006147
. TOTAL FOR KAR PRODUCTS
LAKESHORE WEEKLY N ADS 7/15/2003 101662
LAKESHORE WEEKLY N ADS 7/15/2003 101662
TOTAL FOR LAKESHORE WEEKLY NEWS
LARKIN, HOFFMAN, DAL GENERAL MATTERS . 7/15/2003 435336
LARKIN, HOFFMAN, DAL OAKVIEW ESTATES 7/15/2003 435337
LARKIN, HOFFMAN, DAL LINDEN HILLS 7/15/2003 435337
LARKIN, HOFFMAN, DAL SMITHTOWN RD 7/15/2003 435339
LARKIN, HOFFMAN, DAL R.JOHNSON ET AL V. CIT 7/15/2003 435340
LARKIN, HOFFMAN, DAL SHOREWOOD YACHT CL 7/15/2003 435341
LARKIN, HOFFMAN, DAL TH 7/41 ROW CONDEMN 7/15/2003 435342
LARKIN, HOFFMAN, DAL CUB FOODS 7/15/2003 435344
TOTAL FOR LARKIN, HOFFMAN, DALY...
MARK VII
MARK VII
MARK VII
MARK VII
MARK VII
MARK VII
MARK VII
MARK VII
MARK VII
7/15/2003 551246
7/15/2003 551247
7/15/2003 551248
7/15/2003 551249
7/15/2003 551250
7/15/2003 551251
7/15/2003 551252
7/15/2003 554060
7/15/2003 554067
TOTAL FOR MARK VII
MARLIN'S TRUCKING
MARLIN'S TRUCKING
MARLIN'S TRUCKING
MARLIN'S TRUCKING
TOTAL FOR MARLIN'S TRUCKING
7/15/2003 12834/66
7/15/2003 12834/66
7/15/2003 12835/67
7/15/2003 12835/67
MCLEOD USA
MCLEOD USA
MCLEOD USA
MCLEOD USA
MCLEOD USA
MCLEOD USA
MCLEOD USA
7/15/2003 9910775
7/15/2003 9910775
7/15/2003 9910775
7/15/2003 9910775
7/15/2003 9910775
7/15/2003 9910775
7/15/2003 9910775
TOTAL FOR MCLEOD USA
MIDWEST MAILING SYS JULY NEWSLETTER 7/15/2003 55862
TOTAL FOR MIDWEST MAILING SYSTEMS INC
7/15/2003
7/15/2003
7/15/2003
7/15/2003
7/15/2003
7/15/2003
7/15/2003
7/15/2003
7/15/2003
MINNEGASCO
MINNEGASCO
MINNEGASCO
MINNEGASCO
MINNEGASCO
MINNEGASCO
MINNEGASCO
MINNEGASCO
MINNEGASCO
TOTAL FOR MINNEGASCO
NATIONAL WATERWOR
7/15/2003 9448283
~....mt..ii,,',~~~~~~r!<i&1:~~;~.;;.\;~'-~'- ~~~;.~~_l>l'Jm";!\Ji-&,~'^'M
Thursday, Jllly 10, 2003
Amount
$896.87
$1 ,419.42
$8,221.93
$176.95
$176.95
$142.50
$142.50
$285.00
$1,750.00
$112.00
$224.00
$25.00
$125.00
$90.00
$408.60
$1,050.00
$3,784.60
$0.03
$2,640.00
$37.30
$38.40
$2,735.35
$22.40
$45.00
$1,012.55
$1,253.70
$7,784.73
$51.75
$51.75
$70.80
$70.80
$245.10
$89.72
$154.88
$474.27
$89.62
$44.86
$97.50
$96.44
$1,047.29
$467.10
$467.10
$24.79
$99.53
$61.68
$24.79
$19.99
$9.59
$9.59
$9.59
$69.05
$328.60
$407.10
~~
Page 8 of 10
Check# Vendor Name
Description
35560
35561
35562
35562
35562
35562
35562
35562
35562
35562
35563
35564
35564
35564
35564
35564
35564
35564
35564
35564
35564
35564
35564
35564
35564
35565
35566
35567
35568
35568
35569
35569
35569
35569
35569
35569
35569
35570
35570
35571
TOTAL FOR NATIONAL WATERWORKS INC
OFFICE DEPOT 7/15/2003 20887383
TOTAL FOR OFFICE DEPOT
PAUSTIS WINE COMPAN
TOTAL FOR PAUSTIS WINE COMPANY
PHILLIPS WINE & SPIRIT
PHILLIPS WINE & SPIRIT
PHILLIPS WINE & SPIRIT
PHILLIPS WINE & SPIRIT
PHILLIPS WINE & SPIRIT
PHILLIPS WINE & SPIRIT
PHILLIPS WINE & SPIRIT
PHILLIPS WINE & SPIRIT
TOTAL FOR PHILllPS WINE & SPIRITS
POTTS, KENNETH N. JUNE PROSECUTIONS
TOTAL FOR POTTS, KENNETH N.
SAM'S CLUB
SAM'S CLUB
SAM'S CLUB
SAM'S CLUB
SAM'S CLUB
SAM'S CLUB
SAM'S CLUB
SAM'S CLUB
SAM'S CLUB
SAM'S CLUB
SAM'S CLUB
SAM'S CLUB
SAM'S CLUB
SAM'S CLUB
Check Date Invoice #
7/15/2003 8008895
7/15/2003 3280930
7/15/2003 960472
7/15/2003 960473
7/15/2003 960473
7/15/2003 962787
7/15/2003 962787
7/15/2003 962788
7/15/2003 962788
7/15/2003
7/15/2003
7/15/2003
7/15/2003
7/15/2003
7/15/2003
7/15/2003
7/15/2003
7/15/2003
7/15/2003
7/15/2003
7/15/2003
7/15/2003
7/15/2003
7/15/2003
TOTAL FOR SAM'S CLUB
SBC PAGING PAGER 7/15/2003 52006807
TOTAL FOR SBC PAGING
SEABORNE ARCHITECT JUNE PROF SVCS 7/15/2003 03
TOTAL FOR SEABORNE ARCHITECTS
SENIOR COMMUNITY SE 2003 SR CTR SUPPORT 7/15/2003
TOTAL FOR SENIOR COMMUNITY SERVICES
SO LK MTKA POLICE DE COURT OT APR-JUNE,20 7/15/2003
SO LK MTKA POLICE DE JULY MONTHLY BUDGET 7/15/2003
TOTAL FOR SO LK MTKA POllCE DEPT
THORPE DISTRIBUTING 7/15/2003 301082
THORPE DISTRIBUTING 7/15/2003 301082
THORPE DISTRIBUTING 7/15/2003 301083
THORPE DISTRIBUTING 7/15/2003 301842
THORPE DISTRIBUTING 7/15/2003 301842
THORPE DISTRIBUTING 7/15/2003 301843
THORPE DISTRIBUTING 7/15/2003 301843
TOTAL FOR THORPE DISTRIBUTING COMPA
TOTAL CONSTRUCTION BACKUP POWER-LIFT ST 7/15/2003 35577
TOTAL CONSTRUCTION AUTO DIALER PARTS 7/15/2003 35578
TOTAL FOR TOTAL CONSTRUCTION & EQUIP INC
VERIZON DIRECTORIES ADS 7/15/2003 39000810
Amount
$407.10
$38.70
$38.70
$76.00
$76.00
($7.17)
$590.80
$69.75
$683.80
$188.70
$230.70
$334.50
$277.10
$2,368.18
$1,608.33
$1,608.33
$57.58
$204.08
$183.63
$183.32
$123.66
$85.18
$59.09
$37.55
$37.54
$22.24
$20.98
$20.97
$3.97
$75.24
$1,115.03
$25.75
$25.75
$2,110.00
$2,110.00
$6,000.00
$6,000.00
$657.55
$51,977.00
$52,634.55
$26.30
$2,016.65
$2,345.00
$39.45
$3,140.80
$26.30
$2,087.20
$9,681.70
$2,269.25
$1,902.69
$4,171.94
$20.30
1iW"~;ili'i1.~;!;",;,,,,;};s&~~-\tSi~~.~~~_~imtlilD~t~~"";i'iA\;r$ii~-!;,;,'Jl'f,:~~~1!1llii~~c~~~~~~
Thursday, JlIly 10, 2003 Page 9 of 10
.
.
Check# Vendor Name Description Check Date Invoice # Amount
TOTAL FOR VERlZON DIRECTORIES CORP $20.30
35572 W.W. GRAINGER, INC SUMP PUMP 7/15/2003 495-24114 $188.82
TOTAL FOR W. W. GRAINGER, INC $188.82
35573 WASTE TECHNOLOGY, I SPRING CLEANUP 7/15/2003 78784 $31,792.32
TOTAL FOR WASTE TECHNOLOGY, INC. $31,792.32
35574 WINE COMPANY (THE) 7/15/2003 3955-00 ($14.67)
35574 WINE COMPANY (THE) 7/15/2003 6943-00 $225.90
TOTAL FOR WINE COMPANY (THE) $211.23
35575 WM. MUELLER & SONS, I BLACKTOP 7/15/2003 79441 $1,059.32
35575 WM. MUELLER & SONS, I BLACKTOP 7/15/2003 79662 $478.84
35575 WM. MUELLER & SONS, I BLACKTOP 7/15/2003 80070 $241.21
TOTAL FOR WM. MUELLER & SONS, INC. $1,779.37
35577 XCELENERGY 7/15/2003 0074-000- $8.10
35577 XCEL ENERGY 7/15/2003 0114-707- $14.80
35577 XCEL ENERGY 7/1512003 0191-308- $36.71
35577 XCEL ENERGY 7/15/2003 0198-208- $575.12
35577 XCEL ENERGY 7/15/2003 0208-203- $171.69
. 35577 XCEL ENERGY 7/15/2003 0234-748- $7.40
35577 XCEL ENERGY 7/15/2003 0326-600- $33.84
35577 XCEL ENERGY 7/15/2003 0356-200- $21.54
35577 XCEL ENERGY 7/15/2003 0640-202- $11.91
35577 XCEL ENERGY 7/15/2003 0675-505- $15.22
35577 XCELENERGY 7/15/2003 0727-302- $292.83
35577 XCEL ENERGY 7/15/2003 0942-567- $41.76
35577 XCEL ENERGY 7/1512003 1300-208- $184.44
35577 XCEL ENERGY 7/15/2003 1350-001- $12.54
35577 XCEL ENERGY 7/15/2003 1477-205- $439.96
35577 XCEL ENERGY 7/15/2003 1541-203- $7.40
35577 XCEL ENERGY 7/15/2003 1641-408- $79.39
35577 XCEL ENERGY 7/15/2003 1692-607- $36.84
35577 XCELENERGY 7/15/2003 1765-206- $33.39
35577 XCEL ENERGY 7/15/2003 1776-835- $12.58
35577 XCEL ENERGY 7/15/2003 1966-609- $171.19
35577 XCEL ENERGY 7/15/2003 2052.902- $13.85
. 35577 XCEL ENERGY 7/15/2003 2164-107- $19.22
35577 XCEL ENERGY 7/15/2003 2270-109- $669.31
35577 XCEL ENERGY 7/1512003 2325-902- $26.52
35577 XCEL ENERGY 7/1512003 2397-003- $9.22
35577 XCELENERGY 7/15/2003 2486-903- $27.53
TOTAL FOR XCEL ENERGY $2,974.30
TOTAL CHECKS $277,908.03
:iP~;{:~;:r~'lW"~;';'~~~!-.%&,,}~.&crt'if,t,iWWl';,\"smij1'~~~!'~N.;::;)E:"!J..<;0.V,fJifuiii7~,:zm~a~~,g1'iJ;>L~~',~~~~~
Thursday, Jllly 10, 2003 Page 10 of 10
Check Approval List for 07/14/03 Sorted by Department
Check# Vendor Name Description Check Date Invoice # Amount
35436 SENSIBLE LAND USE CO REG FEE-D. WOODRUFF 6/23/2003 $40.00
35437 US POSTMASTER JULY NEWSLETTER PST 6/23/2003 $555.78
35438 ADAM'S PEST CONTROL OTRl Y SVC 6/27/2003 108327 $63.78
35439 AFSCME COUNCIL 14 BAL OF JUNE DENTAL IN 6/27/2003 $34.30
35439 AFSCME COUNCIL 14 JULY DENTAL 6/27/2003 $304.50
35441 AT&T WIRELESS SERVI LIFT STAT CELLlBJN/LB C 6/27/2003 4160966-0 $66.99
35441 AT&T WIRELESS SERVI LIFT STAT CELLlBJN/LB C 6/27/2003 4160966-0 $34.39
35445 FORTIS BENEFITS INS C JULY STD PREM 6/27/2003 $81.00
35448 LOCAL LINK USA BUSIN JULY WEB SVC 6/27/2003 95220466 $99.95
35449 MEDICA JULY HEALTH PREM &27/2003 10318213 $8,755.67
35451 MINN NCPERS GROUP L ELECT LIFE PREM &27/2003 $12.00
35452 MOUND-CITY OF 3RD OTR FIRE SVC &27/2003 921-03 $2,552.50
35453 OFFICE MAX CREDIT PL SUPPLIES 6/27/2003 $46.48
35457 ROGERS, DON COUNCIL PKT DELIVERY &27/2003 $150.00
35458 SUN PATRIOT NEWSPA PLANNING COMM-REVISI 6/27/2003 681 $25.87
35462 UNUM LIFE INSURANCE JULY L TD PREM &27/2003 $255.67 .
35463 VIKING LAND TREE CAR TREE REMOVAL-CHASKA 6/27/2003 2802 $359.75
35463 VIKING LAND TREE CAR GRANT LORENZ STORM 6/27/2003 2815 $75.00
35464 WESTSIDE WHOLESALE 6/27/2003 514933 $174.08
35467 AFSCME COUNCIL 14 JULY UNION DUES 7/2/2003 $193.90
35468 ANCHOR PAPER COMPA 7/2/2003 14620210 $82.40
35470 BIFFS, INC. 7/2/2003 W192425- $669.10
35471 C.H CARPENTER LUMBE LUMBER FOR PICNIC TA 7/2/2003 468845 $33.15
35471 C.H CARPENTER LUMBE LUMBER FOR PICNIC TA 7/2/2003 468852 $33.15
35475 GALLES CORP PARK SUPPLIES 7/2/2003 103777 $73.42
35475 GALLES CORP PARK SUPPLIES 7/2/2003 103817 $252.09
35477 ICMA RETIREMENT TRU PAYROLL DEDUCTIONS 7 7/2/2003 302131-07 $1,086.28
35478 INTER-TEL INC NEW PHONE INSTALL 7/2/2003 1095656 $714.17
35479 KEEFE, SALLY &23/03 MTG 7/2/2003 $230.00
35481 METRO SALES, INC. PRIPORT INK 7/2/2003 87549A $21.30
35483 MN CHILD SUPPORT PM CHILD SUPPORT - C SCH 7/2/2003 $232.02
35484 NGUYEN, MICHELLE JUNE MILEAGE 7/2/2003 $18.90
35486 PAZANDAK, JOSEPH MILEAGE 6/16 - 6/27/03 7/2/2003 $91.44 .
35487 PERA PAYROLL DEDUCTIONS 7 7/2/2003 762400-07 $2,437.68
35487 PERA PAYROLL DEDUCTIONS 7 7/2/2003 762400-07 $2,248.09
35488 PRUDENTIAL INS CO OF JULY LIFE PREM 7/2/2003 $37.05
35488 PRUDENTIAL INS CO OF JULY LIFE PREM 7/2/2003 $81.65
35489 PURCHASE POWER METER REFILL 7/2/2003 $1,219.00
35493 TOLL GAS & WELDING PLASMA CUTTER 7/2/2003 255139 $2,626.29
35496 ANDERSON, KRISTI B. 1 ST HALF JULY MTGS 7/10/2003 $200.00
35500 COMMUNITY REC RESO JUNE SVCS 7/10/2003 5 $1,060.00
35501 COVERALL OF THE TWI CITY HALL CLEANING SV 7/10/2003 77130 $335.48
35501 COVERALL OF THE TWI PW CLEANING SVC 7/10/2003 77131 $195.96
35502 DALE GREEN CO REPR PLOW DAMAGE 7/10/2003 6657 $447.30
35506 ESS BROTHERS & SONS STREETS DEPT PARTS 7/10/2003 FF2114 $89.46
35507 EXCELSIOR ACE HARD PW PARTS 7/10/2003 570832 $1.59
35509 G & K SERVICES 7/10/2003 063003 $507.90
35510 GALLES CORP PARK SUPPLIES 7/10/2003 103848 $66.55
35511 HOPKINS PARTS COMP OIL FILTERS 7/10/2003 113897 $60.23
35512 ICMA CONFERENCE RE REG FEE-C DAWSON 7/10/2003 $531.00
35513 LEAGUE OF MN CITIES I INS DEDUCTIBLE-CLAIM 7/10/2003 $500.00
35514 LONG LAKE POWER EO PW SUPPLIES 7/10/2003 48125 $97.81
~.l1i;f~.!i~~!:'t- 1~-l!""~~~VS&;~~~'~~~~;lll.i.
Thursday, July 10, 2003 Page 1 of7
Check # Vendor Name Description Check Date Invoice # Amount
35515 LUGOWSKI, JOSEPH SEC 125 REIMBURSEME 7/10/2003 $326.34
35517 MCES, YOUTH PROGRA CRESENT BEACH-JUNE L 7/10/2003 2024 $1,171.00
35519 MINNESOTA STATE TRE 2ND QTR BLDG PERMIT 7/10/2003 $1,510.11
35520 MN SUN PUBLICATIONS FENCE REG 7/10/2003 610520 $35.75
35522 NEXTEL COMMUNICATI 7/10/2003 58828331 $186.62
35522 NEXTEL COMMUNICATI 7/10/2003 58828331 $31.61
35522 NEXTEL COMMUNICATI 7/10/2003 58828331 $186.62
35522 NEXTEL COMMUNICATI 7/10/2003 58828331 $186.62
35523 NIELSEN, BRADLEY SEC 125 REIMBURSEME 7/10/2003 $107.49
35525 QWEST 7/10/2003 $89.70
35527 SHOREWOOD TRUE VAL PARKS SUPPLIES 7/10/2003 54196 $4.14
35527 SHOREWOODTRUEVAL MAILBOX LETTERS 7/10/2003 54200 $45.83
35528 SPEEDWAY SUPERAME 7/10/2003 $1,044.04
35530 T ALLEN & BAERTSCHI JUNE PROF SVCS 7/10/2003 $1,212.51
35533 VERIZON WIRELESS, BE 7/10/2003 $44.93
35534 VISIT CHARLOTTE ICMA CONF HOUSING DE 7/10/2003 $150.00
35535 WASTE MANAGEMENT 7/10/2003 0587466-1 $230.27
35537 ZIEGLER, INC. EQUIP REPR PARTS 7/10/2003 PCOO0611 $113.24
35538 ABDO, EICK & MEYERS, 2002 AUDIT SVCS 7/1512003 210623 $8,539.20
. 35542 BERRY COFFEE CO 7/15/2003 357625 $22.00
35544 CULLIGAN BOTTLED WA 7/15/2003 114X2309 $41.06
35546 DIRECT SAFETY COMPA WORK GLOVES 7/15/2003 263718 $48.27
35546 DIRECT SAFETY COMPA WORK GLOVES 7/15/2003 263718 $48.27
35551 KAR PRODUCTS SHOP SUPPLIES 7/15/2003 90006147 $176.95
35553 LARKIN, HOFFMAN, DAL GENERAL MATTERS 7/15/2003 435336 $1,750.00
35553 LARKIN, HOFFMAN, DAL OAKVIEW ESTATES 7/15/2003 435337 $112.00
35553 LARKIN, HOFFMAN, DAL LINDEN HILLS 7/15/2003 435337 $224.00
35553 LARKIN, HOFFMAN, DAL SMITHTOWN RD 7/15/2003 435339 $25.00
35553 LARKIN, HOFFMAN, DAL R.JOHNSON ET AL V. CIT 7/15/2003 435340 $125.00
35553 LARKIN, HOFFMAN, DAL SHOREWOOD YACHT CL 7/15/2003 435341 $90.00
35553 LARKIN, HOFFMAN, DAL CUB FOODS 7/15/2003 435344 $1,050.00
35556 MCLEOD USA 7/15/2003 9910775 $89.62
35556 MCLEOD USA 7/1512003 9910775 $474.27
35556 MCLEOD USA 7/15/2003 9910775 $154.88
35557 MIDWEST MAILING SYS JULY NEWSLETTER 7/15/2003 55862 $467.10
35558 MINNEGASCO 7/15/2003 $9.59
. 35558 MINNEGASCO 7/15/2003 $24.79
35558 MINNEGASCO 7/15/2003 $24.79
35558 MINNEGASCO 7/15/2003 $69.05
35560 OFFICE DEPOT 7/15/2003 20887383 $38.70
35563 POTTS, KENNETH N. JUNE PROSECUTIONS 7/15/2003 $1,608.33
35564 SAM'S CLUB 7/15/2003 $183.63
35564 SAM'S CLUB 7/15/2003 $85.18
35565 SBC PAGING PAGER 7/15/2003 52006807 $25.75
35567 SENIOR COMMUNITY SE 2003 SR CTR SUPPORT 7/15/2003 $6,000.00
35568 SO LK MTKA POLICE DE COURT OT APR-JUNE,20 7/15/2003 $657.55
35568 SO LK MTKA POLICE DE JULY MONTHLY BUDGET 7/15/2003 $51,977.00
35575 WM. MUELLER & SONS, I BLACKTOP 7/15/2003 79441 $1,059.32
35575 WM. MUELLER & SONS, I BLACKTOP 7/1512003 79662 $478.84
35575 WM. MUELLER & SONS, I BLACKTOP 7/15/2003 80070 $241.21
35577 XCEL ENERGY 7/15/2003 0114-707- $14.80
35577 XCEL ENERGY 7/15/2003 0208-203- $171.69
35577 XCEL ENERGY 7/15/2003 0326-600- $33.84
35577 XCEL ENERGY 7/15/2003 0356-200. $21.54
35577 XCEL ENERGY 7/15/2003 0727-302- $292.83
35577 XCEL ENERGY 7/1512003 1300-208- $184.44
."c""~"'''_;:'''''''''f____''_-Jll''''-_<f",,,"",,--~\'!i'''''''\_'_.''''''''''''-
Thursday, July 10, 2003 Page 2017
Check # Vendor Name Description Check Date Invoice # Amount
35577 XCEL ENERGY 7/15/2003 1477-205- $439.96
35577 XCEL ENERGY 7/15/2003 1541-203- $7.40
35577 XCEL ENERGY 7/15/2003 1966-609- $171.19
35577 XCEL ENERGY 7/15/2003 2052-902- $13.85
35577 XCEL ENERGY 7/15/2003 2164-107- $19.22
TOTAL FOR 101 GENERAL FUND $114,131.00
35459 TECHIES JULY SVC 6/27/2003 $500.00
TOTALFOR 401 PUBLIC FACILITIES/OFFICE EQUIPMENT $500.00
35466 1ST L1NElLEEWES VENT CONCESSION SUPPLIES 7/2/2003 40036 "$49.36
35466 1ST L1NElLEEWES VENT CONCESSION SUPPLIES 7/2/2003 40036 $146.00
35472 COUNTRYMAN,NANCY HOT DOG ROLLER FOR C 7/2/2003 $250.00
35498 B-QUISrS INC CONCESSIONS SUPPLlE 7/10/2003 JUNE ST $32.67
35564 SAM'S CLUB 7/15/2003 $22.24
35564 SAM'S CLUB 7/15/2003 $3.97
35564 SAM'S CLUB 7/15/2003 $57.58
35564 SAM'S CLUB 7/15/2003 $59.09
35564 SAM'S CLUB 7/15/2003 $75.24
35564 SAM'S CLUB 7/15/2003 $123.66
35564 SAM'S CLUB 7/15/2003 $183.32 .
35564 SAM'S CLUB 7/15/2003 $204.08
TOTALFOR 402 PARK CAPITAL IMPROVEMENT $1,207.21
35443 CONSTRUCTION BULLE SMITHTOWN RD BID AD 6/27/2003 2335751 $125.58
35443 CONSTRUCTION BULLE SMITHTOWN RD BID AD 6/27/2003 2338405 $125.58
35553 LARKIN, HOFFMAN, DAL TH 7/41 ROW CONDEMN 7/15/2003 435342 $408.60
TOTAL FOR 405 MSA CAPITAL IMPROVEMENT $659.76
35446 GOPHER STATE ONE-CA MAY SVC 6/27/2003 3050694 $90.67
35447 HAWKINS WATER TREA 6/27/2003 89643 $55.00
35455 QWEST 6/27/2003 $57.89
35465 XCEL ENERGY 6/27/2003 2095-300- $2,051.87
35473 DEPT OF NATURAL RES DNR PERMIT FEES 7/2/2003 $531.13
35474 ESS BROTHERS & SONS WATER DEPT PARTS 7/2/2003 FF2048 $164.01
35492 TKDA & ASSOCIATES IN WATER LEAK LOCATE-CI 7/2/2003 62332 $323.73
35495 US POSTMASTER 2ND QTR UTILITY BILLS 7/9/2003 $242.07
35499 BRAUN PUMP & CONTR REPR BADGER WELL 7/10/2003 5841 $2,551.32 .
35505 EDINA COURIERS LLC PKG TO DEPT OF HEAL T 7/10/2003 63365 $20.90
35507 EXCELSIOR ACE HARD BLEACH 7/1 0/2003 569696 $3.17
35507 EXCELSIOR ACE HARD BLEACH/DISTILLED WAT 7/10/2003 571006 $10.47
35510 GALLES CORP WATER DEPT SUPPLIES 7/10/2003 103816 $30.42
35518 MINNESOTA DEPT OF H 2ND QTR WATER CONNE 711 0/2003 $1,579.00
35520 MN SUN PUBLICATIONS 2002 DRINKING WATER R 7/10/2003 611822 $421.85
35521 NATIONAL WATERWOR 7/10/2003 9448294 $385.80
35525 QWEST 7/10/2003 $50.79
35525 QWEST 7/10/2003 $50.79
35527 SHOREWOOD TRUE VAL PAINT/ROLLERS 7/10/2003 54623 $32.88
35529 SUN PATRIOT NEWSPA REVISIONS TO CITY COD 7/10/2003 697 $23.88
35532 UNITED PARCEL SERVIC WATER SAMPLES PKG 7/10/2003 000YF067 $26.50
35538 ABDO, EICK & MEYERS, 2002 AUDIT SVCS 7/15/2003 210623 $1,423.20
35556 MCLEOD USA 7/15/2003 9910775 $89.72
35556 MCLEOD USA 7/15/2003 9910775 $44.86
35558 MINNEGASCO 7/15/2003 $19.99
35558 MINNEGASCO 7/15/2003 $61.68
35558 MINNEGASCO 7/15/2003 $99.53
35559 NATIONAL WATERWOR 7/15/2003 9448283 $407.10
Thursday, July 10, 2003 Page 3 0/7
Check # Vendor Name Description Check Date Invoice # Amount
35572 W.W. GRAINGER, INC SUMP PUMP 7/15/2003 495-24114 $188.82
355n XCEL ENERGY 7/15/2003 0234-748- $7.40
355n XCEL ENERGY 7/15/2003 1692-607- $36.84
355n XCEL ENERGY 7/15/2003 1n6-835- $12.58
355n XCEL ENERGY 7/15/2003 2270-109- $669.31
TOTAL FOR 601 WATER UTIUTY $11,765.17
35441 AT&T WIRELESS SERVI LIFT STATION CELL PHO 6/27/2003 2893733-0 $47.75
35441 AT&T WIRELESS SERVI LIFT STATION CELL PHO 6/27/2003 2893733-0 $234.18
35441 AT&T WIRELESS SERVI LIFT STAT CELUBJN/LB C 6/27/2003 4160966-0 $62.34
35446 GOPHER STATE ONE-CA MAY SVC 6/27/2003 3050694 $90.68
35485 NORTHERN TOOL & EQ SEWER DEPT SUPPLIES 7/212003 08283819 $46.58
35495 US POSTMASTER 2ND QTR UTILITY BILLS 7/9/2003 $363.11
35499 BRAUN PUMP & CONTR LIFT STATION 6 REPAIRS 7/10/2003 5830 $350.40
35538 ABDO, EICK & MEYERS, 2002 AUDIT SVCS 7/15/2003 210623 $1,423.20
35543 BRAUN PUMP & CONTR LIFT ST#6 REPAIRS 7/15/2003 5885 $288.00
35570 TOTAL CONSTRUCTION BACKUP POWER-LIFT ST 7/15/2003 35577 $2,269.25
35570 TOTAL CONSTRUCTION AUTO DIALER PARTS 7/15/2003 35578 $1,902.69
355n XCEL ENERGY 7/15/2003 0074-000- $8.10
. 355n XCELENERGY 7/15/2003 0191-308- $36.71
35577 XCELENERGY 7/15/2003 0640-202- $11.91
355n XCEL ENERGY 7/15/2003 0675-505- $15.22
355n XCEL ENERGY 7/15/2003 0942-567- $41.76
355n XCEL ENERGY 7/15/2003 1350-001- $12.54
355n XCEL ENERGY 7/15/2003 1641-408- $79.39
355n XCELENERGY 7/15/2003 1765-206- $33.39
355n XCEL ENERGY 7/15/2003 2325-902- $26.52
355n XCEL ENERGY 7/15/2003 2397-003- $9.22
355n XCEL ENERGY 7/15/2003 2486-903- $27.53
TOTAL FOR 611 SANITARY SEWER UTILITY $7,380.47
35526 RESOURCEFUL BAG & T RECYCLING BINS 7/10/2003 8387 $990.00
35547 E-Z RECYCLING INC. JUNE SVC 7/15/2003 5365 $6,255.00
35573 WASTE TECHNOLOGY, I SPRING CLEANUP 7/15/2003 78784 $31,792.32
TOTAL FOR 621 RECYCUNG UTIUTY $39,037.32
. 35440 ARCTIC GLACIER INC 6/27/2003 38731650 $71.64
35440 ARCTIC GLACIER INC 6/27/2003 38731670 $61.56
35442 BUREAU OF ALCOHOL,T 41-6005142 SPEC TAX ST 6/27/2003 $250.00
35445 FORTIS BENEFITS INS C JULY STD PREM 6/27/2003 $9.00
35449 MEDICA JULY HEALTH PREM 6/27/2003 10318213 $505.49
35450 MIDWEST COCA.COLA B 6/27/2003 63261147 $130.10
35454 QUALITY WINE & SPIRIT 6/27/2003 271830-00 ($63.95)
35454 QUALITY WINE & SPIRIT 6/27/2003 274283-00 $660.78
35454 QUALITY WINE & SPIRIT 6/27/2003 274347-00 $1,308.10
35456 RAY'S PLUMBING PLBG REPAIRS 6/27/2003 16251 $50.00
35460 TOWLE REAL ESTATE C JULY RENT 6/27/2003 $4,679.49
35462 UNUM LIFE INSURANCE JULY L TD PREM 6/27/2003 $18.71
35469 ARCTIC GLACIER INC 7/2/2003 38731720 $91.08
35476 HERMEL WHOLESALE 7/212003 419528 $81.48
35476 HERMEL WHOLESALE 7/2/2003 419528 $339.79
35480 MARLIN'S TRUCKING 7/2/2003 12n2l803 $58.95
35480 MARLIN'S TRUCKING 7/212003 12n2l803 $58.95
35482 MIDWEST COCA-COLA B 7/2/2003 63266112 $255.30
35482 MIDWEST COCA-COLA B 7/212003 63266120 ($7.00)
35488 PRUDENTIAL INS CO OF JULY LIFE PREM 7/212003 $3.90
~.:i<.i.~~\m1"'~i.~,'E-5;~-;%i;;W;;iM,i;i,\ll!f:~~~~l$K~.;w;::~0-,itt'~~~j~~~~
Thursday, July 10, 2003 Page 4 of7
Check# Vendor Name Description Check Date Invoice # Amount
35490 OUALlTY WINE & SPIRIT 7/212003 276912-00 $265.22
35490 QUALITY WINE & SPIRIT 7/212003 276986-00 $127.71
35490 QUALITY WINE & SPIRIT 7/212003 276986-00 $988.05
35491 QWEST DEX 7/212003 01516110 $66.50
35497 ARCTIC GLACIER INC 7/10/2003 38731790 $59.40
35497 ARCTIC GLACIER INC 7/10/2003 39531810 $59.16
35497 ARCTIC GLACIER INC 7/10/2003 39531810 ($2.40)
35504 EAST SIDE BEVERAGE 7/10/2003 411033 $1,520.75
35504 EAST SIDE BEVERAGE 7/10/2003 411033 $22.50
. 35508 EXTREME BEVERAGE 7/10/2003 131699 $32.00
35524 QUALITY WINE & SPIRIT 7/10/2003 280301-00 $1,538.78
35527 SHOREWOOD TRUE VAL 7/10/2003 54485 $8.51
35527 SHOREWOOD TRUE VAL 7/10/2003 54514 $7.44
35535 WASTE MANAGEMENT 7/10/2003 0587465-1 $115.79
35538 ABDO, EICK & MEYERS, 2002 AUDIT SVCS 7/15/2003 210623 $1,423.20
35539 ARCTIC GLACIER INC 7/15/2003 38731841 $59.64
35539 ARCTIC GLACIER INC 7/15/2003 38731860 $37.56
35540 BELLBOY BAR SUPPLY 7/15/2003 37216000 $36.64
35541 BELLBOY CORPORATIO 7/15/2003 26598400 ($144.58)
35541 BELLBOY CORPORATIO 7/15/2003 26598500 $159.95 .
35541 BELLBOY CORPORA TIO 7/15/2003 26689900 $683.00
35541 BELLBOY CORPORATIO 7/15/2003 26689900 $268.75
35541 BELLBOY CORPORATIO 7/15/2003 26751400 $770.60
35545 DAY DISTRIBUTING 7/15/2003 223741 $18.40
35545 DAY DISTRIBUTING 7/15/2003 223741 $1,139.40
35545 DAY DISTRIBUTING 7/15/2003 224649 $413.00
35548 EAST SIDE BEVERAGE 7/15/2003 414210 $1,682.50
35549 GRIGGS, COOPER & CO 7/15/2003 614931 ($8.00)
35549 GRIGGS, COOPER & CO 7/15/2003 615877 ($40.50)
35549 GRIGGS, COOPER & CO 7/15/2003 731969 $218.27
35549 GRIGGS, COOPER & CO 7/15/2003 731970 $748.35
35549 GRIGGS, COOPER & CO 7/15/2003 735252 $32.25
35549 GRIGGS, COOPER & CO 7/15/2003 735445 $181.80
35549 GRIGGS, COOPER & CO 7/15/2003 735683 $40.73
35549 GRIGGS, COOPER & CO 7/15/2003 736008 $29.50
35549 GRIGGS, COOPER & CO 7/15/2003 736008 $1,013.63
35550 JOHNSON BROS L1QUO 7/15/2003 1574094 $344.72 .
35550 JOHNSON BROS L10UO 7/15/2003 1574095 $1,261.75
35550 JOHNSON BROS L1QUO 7/15/2003 1574095 $931.75
35550 JOHNSON BROS L10UO 7/1512003 1577297 $896.87
35550 JOHNSON BROS L1QUO 7/15/2003 1577297 $1,419.42
35552 LAKESHORE WEEKLY N ADS 7/15/2003 101662 $142.50
35554 MARK VII 7/15/2003 551250 $2,735.35
35554 MARK VII 7/15/2003 551251 $22.40
35554 MARK VII 7/15/2003 551252 $45.00
35554 MARK VII 7/15/2003 554067 $1,253.70
35555 MARLIN'S TRUCKING 7/15/2003 12835/67 $70.80
35555 MARLIN'S TRUCKING 7/15/2003 12835/67 $70.80
35556 MCLEOD USA 7/15/2003 9910775 $97.50
35558 MINNEGASCO 7/15/2003 $9.59
35562 PHILLIPS WINE & SPIRIT 7/15/2003 960473 $69.75
35562 PHILLIPS WINE & SPIRIT 7/15/2003 960473 $683.80
35562 PHILLIPS WINE & SPIRIT 7/15/2003 962788 $277.10
35562 PHILLIPS WINE & SPIRIT 7/15/2003 962788 $334.50
35564 SAM'S CLUB 7/15/2003 $20.98
35564 SAM'S CLUB 7/15/2003 $37.55
iUJ:_~~;:-f:'~'r~~'~~~JliI.f,w.;;r~'M;~S!:~~a'l;".W.~;'ii!i:~~~,W~~.miP~~-~"''!?'t'''P~~~Ii~~~
Thursday, Jllly 10, 2003 Page 50f7
.
.
Check # Vendor Name Description Check Date Invoice # Amount
35566 SEABORNE ARCHITECT JUNE PROF SVCS 7/15/2003 03 $2,110.00
35569 THORPE DISTRIBUTING 7/15/2003 301083 $2,345.00
35569 THORPE DISTRIBUTING 7/15/2003 301843 $26.30
35569 THORPE DISTRIBUTING 7/15/2003 301843 $2,087.20
35571 VERIZON DIRECTORIES ADS 7/15/2003 39000810 $20.30
35574 WINE COMPANY (THE) 7/15/2003 6943-00 $225.90
355n XCEL ENERGY 7/15/2003 0198-208- $575.12
TOTAL FOR 641 SHOREWOOD PLAZA liQUOR $40,252.52
35440 ARCTIC GLACIER INC 6/27/2003 38731670 $36.24
35442 BUREAU OF ALCOHOL,T 41-6005142 SPEC TAX ST 6/27/2003 $250.00
35444 EXTREME BEVERAGE 6/27/2003 130049 $64.00
35445 FORTIS BENEFITS INS C JULY STD PREM 6/27/2003 $9.00
35449 MEDICA JULY HEALTH PREM 6/27/2003 10318213 $558.71
35450 MIDWEST COCA-COLA B 6/27/2003 61269179 $148.08
35454 QUALITY WINE & SPIRIT 6/27/2003 274282-00 $823.06
35454 QUALITY WINE & SPIRIT 6/27/2003 274320-00 $66.50
35454 QUALITY WINE & SPIRIT 6/27/2003 274366-00 $230.67
35454 QUALITY WINE & SPIRIT 6/27/2003 274366-00 $897.26
35461 TRI COUNTY BEVERAGE 6/27/2003 1384n $16.80
35462 UNUM LIFE INSURANCE JULY L TD PREM 6/27/2003 $21.21
35469 ARCTIC GLACIER INC 7/212003 38731720 $68.16
35469 ARCTIC GLACIER INC 7/212003 38731740 $15.72
35476 HERMEL WHOLESALE 7/212003 419526 $88.68
35476 HERMEL WHOLESALE 7/212003 419526 $547.24
35480 MARLIN'S TRUCKING 7/212003 12n1/802 $49.05
35480 MARLIN'S TRUCKING 7/212003 12n1/802 $49.05
35482 MIDWEST COCA-COLA B 7/212003 28917374 $205.69
35488 PRUDENTIAL INS CO OF JULY LIFE PREM 7/212003 $3.90
35490 QUALITY WINE & SPIRIT 71212003 276911-00 $47.47
35490 QUALITY WINE & SPIRIT 7/2/2003 276938-00 $1,077.66
35490 QUALITY WINE & SPIRIT 71212003 276938-00 $339.57
35491 QWEST DEX 7/212003 01516110 $212.80
35494 WATERFORD CENTER JULY RENT 7/212003 0703F $5,007.13
35497 ARCTIC GLACIER INC 7/10/2003 38731790 $58.00
35497 ARCTIC GLACIER INC 7/10/2003 39531811 $21.44
35504 EAST SIDE BEVERAGE 7/10/2003 411029 $845.25
35504 EAST SIDE BEVERAGE 7/10/2003 411029 $31.20
35524 QUALITY WINE & SPIRIT 7/10/2003 280299-00 $213.67
35524 QUALITY WINE & SPIRIT 7/10/2003 280299-00 $920.07
35531 TRICOUNTYBEVERAGE 7/1 0/2003 139272 $103.51
35531 TRI COUNTY BEVERAGE 7/10/2003 139272 $16.80
35536 WINE SPECTATOR 2003 SUBS 7/10/2003 $45.00
35538 ABDO, EICK & MEYERS, 2002 AUDIT SVCS 7/15/2003 210623 $1,423.20
35540 BELLBOY BAR SUPPLY 7/15/2003 37184200 $85.90
35540 BELLBOY BAR SUPPLY 7/15/2003 37215900 $56.70
35541 BELLBOY CORPORATIO 7/15/2003 26645400 ($148.00)
35541 BELLBOY CORPORATIO 7/15/2003 26689800 $574.00
35541 BELLBOY CORPORATIO 7/15/2003 26689800 $572.00
35541 BELLBOY CORPORATIO 7/15/2003 26751300 $683.50
35545 DAY DISTRIBUTING 7/15/2003 223740 $592.55
35545 DAY DISTRIBUTING 7/15/2003 224648 $1,112.72
35548 EAST SIDE BEVERAGE 7/15/2003 414204 $2,291.85
35548 EAST SIDE BEVERAGE 7/15/2003 414204 $10.40
35548 EAST SIDE BEVERAGE 7/15/2003 416707 $282.70
35548 EAST SIDE BEVERAGE 7/15/2003 416716 $1,523.35
~'ti1't.i;._..&->~'ti~'~~~~~~':-~.zr:"iU~i'!~;;;i'i"Ol'<'i~-ii;;-~'~~ w _'-~~1-~ ~:!eF~"'"llr~J~
Thursday, July 10, 2003 Page 60f7
Check # Vendor Name Description Check Date Invoice # Amount
35548 EAST SIDE BEVERAGE 7/15/2003 416716 $20.80 .
35549 GRIGGS, COOPER & CO 7/15/2003 615878 ($40.50)
35549 GRIGGS, COOPER & CO 7/15/2003 731974 $312.97
35549 GRIGGS, COOPER & CO 7/15/2003 731975 $870.15
35549 GRIGGS, COOPER & CO 7/15/2003 735253 $64.50
35549 GRIGGS, COOPER & CO 7/15/2003 735306 $398.97
35549 GRIGGS, COOPER & CO 7/15/2003 735444 $233.50
35549 GRIGGS, COOPER & CO 7/15/2003 735686 $246.98
35549 GRIGGS, COOPER & CO 7/15/2003 736010 $1,273.95
35550 JOHNSON BROS L1auo 7/15/2003 1574093 $950.58
35550 JOHNSON BROS L1auo 7/15/2003 1574093 $1,426.30
35550 JOHNSON BROS L1auo 7/15/2003 1577296 $29.99
35550 JOHNSON BROS L1auo 7/15/2003 1577296 $249.50
35550 JOHNSON BROS L1auo 7/15/2003 1577296 $711.05
35552 LAKESHORE WEEKLY N ADS 7/15/2003 101662 $142.50
35554 MARK VII 7/15/2003 551246 $0.03
35554 MARK VII 7/15/2003 551247 $2,640.00
35554 MARK VII 7/15/2003 551248 $37.30
35554 MARK VII 7/15/2003 551249 $38.40
35554 MARK VII 7/15/2003 554060 $1,012.55 .
35555 MARLIN'S TRUCKING 7/15/2003 12834/66 $51.75
35555 MARLIN'S TRUCKING 7/15/2003 12834/66 $51.75
35556 MCLEOD USA 7/15/2003 9910775 . $96.44
35558 MINNEGASCO 7/15/2003 $9.59
35561 PAUSTIS WINE COM PAN 7/15/2003 8008895 $76.00
35562 PHILLIPS WINE & SPIRIT 7/15/2003 3280930 ($7.17)
35562 PHILLIPS WINE & SPIRIT 7/15/2003 960472 $590.80
35562 PHILLIPS WINE & SPIRIT 7/15/2003 962787 $188.70
35562 PHILLIPS WINE & SPIRIT 7/15/2003 962787 $230.70
35564 SAM'S CLUB 7/15/2003 $20.97
35564 SAM'S CLUB 7/15/2003 $37.54
35569 THORPE DISTRIBUTING 7/15/2003 301082 $26.30
35569 THORPE DISTRIBUTING 7/15/2003 301082 $2,016.65
35569 THORPE DISTRIBUTING 7/15/2003 301842 $39.45
35569 THORPE DISTRIBUTING 7/15/2003 301842 $3,140.80
35574 WINE COMPANY (THE) 7/15/2003 3955-00 ($14.67)
TOTAL FOR 642 WATERFORD UQUOR $39,124.58 .
35503 EAGLE CREST HOMES I ESCR REF-PARK LN LOT 711 0/2003 $12,000.00
35516 MCCARY, TOM ESCR REF-6010 RIDGE R 7/10/2003 $11,850.00
TOTAL FOR 880 ESCROW DEPOSIT AGENCY $23,850.00
TOTAL CHECKS $277,908.03
~~WJ'~~~~~@".:\~:l~Jt)~~~~~;~~~~~~~:~ia:~....dW::fu.~~"-~~
Thursday, July 10, 2003
"'--.m;~Q.:~~;~j~~,n~:.:t;L~~
Page 7 of7
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 . (952) 474-3236
FAX (952) 474-0128. www.cLshorewood,mn,us . cityhall@cLshorewood.mn.us
MEMORANDUM
TO: Mayor and City Council
Craig Dawson, City Administrator
FROM:
Larry Brown, Director of Public Works ftJ
July 10, 2003
.
DA TE:
RE: Authorization for Disposition of Equipment
The Department of Public Works has equipment that has been replaced, and vehicles that have been
obtained by DWI forfeiture. Staff is recommending that the foIlowing vehicles and equipment be
advertised for sale. A brief description of each piece has been provided, along with the preferred
method of sale.
DWI Forfeitures
.
The city has obtained two vehicles via DWI forfeiture. In accordance with Minnesota State Statute,
the City has the option of seIling the vehicle(s) or making it available for DARE programs by the local
police department. If the vehicles are sold, the proceeds from the sale are to be divided between the
police department and the city. The police department is to receive 70 percent of the proceeds, and the
city is to receive 30 percent.
The city has two such vehicles. Customarily, the City has conducted a sealed bid process or forwarded
them to the Hennepin County auction. Timing is such that Staff is recommending that the vehicles be
sold via a sealed bid process. A bid date would be set and advertised in the official newspaper. The
city's portions of the proceeds would be placed in the Equipmeut Replacement Fund. Descriptions of
the vehicles are as follows:
· 1992 Pontiac Bonneville: This vehicle has 131,716 miles, and is in good condition.
· 1988 Buick Reatta: This vehicle has 71,473 miles and is in reasonable shape.
Equipment Replacements
The City has two asphalt pavement roIlers to dispose of. As part of the equipment replacement
program, these units Were retained. Staff is recommending that the units be advertised in the League
of Minnesota Cities Bulletin for direct sale, and on local contractor postings.
ft
~J PRINTED ON RECYCLED PAPER
11 3B.
Mayor and City Council
Disposition of Equipment
July 10,2003
Page 2 of 2
. Unit 32-1988 Beuthling Asphalt Roller B200: This unit was kept at the time of replacemeot, due
to the low trade value provided by the vendor. Staff determioed that the open market would yield a
better return. Staff is recommending that this unit advertised in the League Bulletin. There bave
also been a few conversations with a contractor to negotiate a trade for a much needed asphalt curb
machine. Specific values would have to be worked out as part of the negotiation.
. Unit 7 _ 1977 Roscoe Roller: This unit is a small vibratory roller that was kept, due to the
vibratory compaction feature. This unit seldom is used, and would be more suited to a small
driveway contractor. Staff is recommending that the unit be advertised with local contractors and
sold directly.
.
Recommendation
Staff is recommending approval of a motion that authorizes disposition of equipment and vehicles as
outlined above.
.
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236
FAX (952) 474-0128. www.ci.shorewood.mn.us . cityhal/@ci.shorewood.mn.us
MEMORANDUM
.
Date:
July 9,2003
To:
Honorable Mayor and City Council Members
Bonnie Burton, Finance DirectorlTreasurer V
From:
Re:
LMCD 2003 Budget
Cc:
Craig Dawson, City Administrator eX>
.
The Lake Minnetonka Conservation District (LMCD) 2004 adopted budget is attached
for your review. The 2004 budget is $244,377, which is a decrease of $542 from the
2003 budget. The City of Shorewood share in the budget also drops from $25,824 in
2003 to $25,731 in 2004.
The LMCD is required by statute to hold a public hearing on its budget if so requested by
one of the City Councils in the district.
RECOMMENDATION:
Staff recommends that the City Council accept the LMCD 2004 Budget, unless the
Council would like to request that the Lake Minnetonka Conservation District hold a
public hearing regarding the 2004 budget.
n
~.1 PRINTED ON RECYCLED PAPER
#.3C
BOARD MEMBERS
Bert Foster
Chair, Deephaven
Craig Nelson
Vice Chair, Spring Park
Uli McMillan
Secretary. Orono
Tom Skramstad
Treasurer, Shorewood
Bob Ambrose
Wayzata
Doug Babcock
Tonka Bay
Orv Burma
Mound.
Miles Canning
Greenwood
Paul Knudsen
Minnetrista
Pete Nelson
Victoria
Tom Seuntjens
Minnetonka Beach
Herb Suerth
Woodland
Jose Valdesuso
Excelsior
Katy Van Hercke
Minnetonka
#.
~~
50... Recycled Content
20... Posl Consumer Waste
(
.
LAKE MlNNETONKA CONSERVATiON DiSTRiCT
18338 MINNETONKA BLVD. . DEEPHAVEN, MINNESOTA 55391 . TELEPHONE 9521745-0789 . FAX 9521745-9085
Gregorf~;~~~~Ck. EXEClJTI~E D1RECTO~ ... :.:~~
. . .
j" ',t
.;'
June 27, 2003
TO:
FROM:
SUBJECT:
,!
JUN 30 2003
i ';'
~ } j' .'
t ~ ~~i
LMCD Member Cities- City AdministrJm.L~__.._._ ~~
LMCD Board of Directors /J - -
Greg Nybeck, Executive DirectoO ~ f/t;f
Adopted 2004 LMCD Budget
Enclosed is a copy of the 2004 LMCD Budget, which was recently .
adopted and certified by the Lake Minnetonka Conservation District
(LMCD) Board of Directors. Minnesota State Statute 103B.635, Subd. 1
requires the LMCD Board, on or before July 1 of each year, to prepare
and submit a detailed budget of the District's needs for the next calendar
year to the governing body of each municipality in the District with a
statement of the proportion of the budget to be provided by each
municipality.
In late May, we forwarded a draft 2004 LMCD Budget that would levy
$252,453 to the 14-member cities (compared to $244,995 in 2003). This
increase of $7,458 was a concern to the Board of Directors because of the
economic challenges that the member cities are facing. Thus, the Board
of Directors reduced the levy by $8,000 at its 6/25/03 Regular Meeting,
bringing the 2004 levy down just below the 2003 levy. Attached please .
find the details of the new budget.
If your city has any comments about the adopted 2004 LMCD Budget,
please let me know. We are glad to discuss this further and are required
by state statute to schedule a public hearing on this matter, if requested.
On behalf of the LMCD Board of Directors, I would like to thank all 14-
member cities for their continued participation and support for District
related activities. Feel free to contact me at the District office if you have
questions or concerns. My e-mail address is: gnybeck@Imcd.or{l;.
Web Page Address: http://www.lmcd.org
E-mail Address: Imcd@lmcd.org
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r:11J~
LAKE MINNETONKA CONSERVATION DISTRICT
2004 BUDGET AND LEVY
(ADOPTED)
LMCD Member City Levy Detail for fiscal year 2004
2001 2002 Taxable 2002 Net Tax % of Total Net Share of Share of Share of Total Share of Total
City Population Market Value Capacity Tax Capacity Admin. Levy In Exotics Levy In Levy in 2004 Levy in 2003
Estimates (Note 1) 2004 2004
DEEPHAVEN 3,853 605,687,600 6,579,984 4.5% $11,147 $6,382 $17,529 $17,740
EXCELSIOR 2,393 192,055,000 2,346,962 1.6% $3,976 $2,276 $6,252 $6,556
GREENWOOD 729 140,735,400 1,533,724 1.0% $2,598 $1,488 $4,086 $4,047
MINNETONKA 51,301 5,743,364,800 73,493,068 50.0% $31,091 $17,800 $48,891 $48,999
MTKA BEACH 614 144,002,900 1,593,591 1.1% $2,700 $1,546 $4,245 $4,219
MINNETRISTA 4,358 668,345,600 6,948,619 4.7% $11,772 $6,740 $18,511 $18,086
MOUND 9,435 700,095,400 7,349,958 5.0% $12,452 $7,129 $19,581 $19,793
ORON 7,538 1,422,215500 15.547,498 10 0 1 $41419 $41,505
SHOREWOOD 7,400 914,769,800 9,658,728 6.6% $16,363 $9,368 $25,731 $25,824
SPRING PARK 1,717 120,299,700 1,540,473 1.0% $2,610 $1,494 $4,104
TONKA BAY 1,547 269,753,700 2,917,624 2.0% $4,943 $2,830 $7,773 $7,771
VICTORIA 4,025 468,967,000 4,865,112 3.3% $8,242 $4,719 $12,961 $12,070
WAYZATA 4,113 826,084,100 10.774,036 7.3% $18,252 $10,450 $28,702 $29,298
WOODLAND 480 154,590,400 1,752,081 1.2% $2.968 $1,699 $4,668 $4,714
99,503 12,370,966,900 146,901,458 100.0% $155,453 $89,000 $244,453 $244,995
Maximum Levy Per MN statute 1038.635 (Total Taxable Market Value * .00242%): $299,377.40
(Note 1) Per MN statute 1038.631, no city may pay more than 20% of the total levy. The City of Minnetonka would pay a constant 20% of any amounts to be levied.
Remaining cities factor for determining levy amounts Is computed as; (City Net Tax Capacity I ( Total Net Tax Capacity - Minnetonka Net Tax Capacity) ) . 80%
Total Net Tax Capacity 146.901,458
less Minnetonka Net Tax Capacity (73.493,068)
Net Tax Capacity for remaining 13 cities 73,408,390
Page 1
LAKE MINNETONKA CONSERVATION DISTRICT
2004 BUDGET DETAIL (Adopted)
2001 2001 2002 2002 2003 2004
Budget Actual Budget Actual Budget Budget
REVENUES
1. Administration
a) LMCD Communities Admin Levy 120,521 120,521 146,543 146,543 163,795 155,453
b) Reserve Fund Allocation 8,412 8,412 0 0 0 4,000
c) Court Fines 35,000 31,691 30,000 24,439 34,000 30,000
d) Licenses 105,000 102,928 110,000 113,242 110,000 115,000
e) Other Public Agencies 0 24,000 8,500 0 0 12,500
f) Interest, Public Funds 8,000 5,289 7,500 4,766 7,000 5,000
g) Prepaid Mgmt Plan Expenses 22,000
h) Other Income (Including BWSE) 3,500 14,788 3,000 960 2,500 2,000
SUB-TOTAL ADMINISTRATION 280,433 307,629 305,543 289,950 317,295 345,953
2. Exotics Management
a) LMCD Communities Exotics Mgmt Levy 97,000 97,000 98,078 98,078 81,200 89,000
b) Other Public Agencies 24,000 23,803 23,800 20,458 23,800 25,000
c) Private Solicitation 0 0 0 0 0 0
d) Reserve Fund Allocation 0 0 0 0 0 4,000
e) Interest 8,000 3,413 6,500 3,231 5,000 3,000
SUB-TOTAL EXOTICS MANAGEMENT 129,000 124,216 128,378 121,767 110,000 121,000
TOTAL REVENUES 409,433 431,845 433,921 411,717 427,295 466,953
Total Levy 217 ,521 217,521 244,621 244,621 244,995 244,453
Reserve Fund Allocations 8,412 8,412 0 0 0 8,000
DISBURSEMENTS
ADMINISTRATION
1. Personnel Services:
a) Salaries (includes Milfoil related Staff time) 111,000 106,578 119,000 115,131 125,000 115,500
b) Employer Benefit Contributions 21,466 21,546 24,258 22,890 28,110 22,754
SUB-TOTAL PERSONNEL SERVICES 132,466 128,124 143,258 138,021 153,110 138,254
2. Contractual Services:
a) Office Lease & Storage 17,547 17,423 18,105 18,516 21,005 27,744
b) Professional Services 12,000 12,290 14,000 13,976 12,000 18,000
SUB-TOTAL CONTRACTUAL SERVICES 29,547 29,713 32,105 32,492 33,005 45,744
Page 1
.
.
. 2001 2001 2002 . 2002 2003 2004
Budget Actual Budget Actual Budget Budget
3. Office & Administration:
a) Office, General Supplies 4,000 4,694 4,500 4,740 5,000 5,000
b) Telephone 4,440 4,688 4,680 4,575 4,680 4,680
c) Postage 4,000 5,290 4,500 4,003 5,000 4,500
d) Printing, Publicatians, Advertising 4,000 4,185 4,500 4,508 4,500 4,750
e) Maintenance, Office Equipment 1,500 425 1,000 1,960 1,000 1,250
f) Subscriptians, Memberships 1,000 1,393 1,500 1,230 1,500 1,500
g) Insurance, Bonds 7,500 9,757 8,000 9,896 10,000 10,000
h) Public Information, Legal Notices 2,000 1 ,433 1,500 420 1,500 1,250
i) Mileage, Meeting Expenses, Emp. Training 2,000 1,277 2,000 1,733 2,000 2,000
j) Baat and Water Safety Education 1,500 25 1.000 475 500 500
k) Winternet 480 480 500 489 500 500
I) WebPagellnternet Maintenance/Service 1,000 1,464 1,500 0 1,000 1,000
SUB-TOTAL OFFICE & ADMINISTRATION 33,420 35,111 35,180 34,029 37,180 36,930
4. Capital Outlay:
a) Furniture, Equipment 2,000 224 2,000 1,933 2,000 2,000
b) Computer software & hardware; 5,000 4,390 4,000 1,608 3,000 2,000
c) Solar Lights 0 0
SUB-TOTAL CAPITAL OUTLAY 7,000 4,614 6,000 3,541 5,000 4,000
5. Legal:
a) Legal Services 25,000 31,787 25,000 26,855 31,000 31,000
b) Prosecution Services 40,000 32.724 35,000 23,113 34,000 30,000
c) Henn. Caunty Raom & Board 3,000 1,680 2,000 747 2,000 1,000
d) Recodification/Zoning 0 0 0 0 0 0
SUB-TOTAL LEGAL 68,000 66,191 62,000 50,715 67,000 62,000
6. Contract Services/Studies:
a) Baat Caunt & User Attitude Surveys 0 4,874 17,000 0 5,000 40,000
b) Water Patrol Praject 0 12,550 0 12,400 0 0
c) Audit 0 3,100 0 3,200 3,500 4,025
d) Access/Channel Signage 0 0 0 0 0 5,000
SUB-TOTAL CONTRACT SERVICES/STUDIES 0 20,524 17,000 15,600 8,500 49,025
7. Administration Reserve Fund 3,500 0
8. Contingency 10,000 1,396 10,000 168 10,000 10,000
TOTAL ADMINISTRATION 280,433 285,673 305,543 274,566 317,295 345,953
Page 2
2001 2001 2002 2002 2003 2004
Budget Actual Budget Actual Budget Budget
EXOTICS MANAGEMENT
1. Weed Harvesting Operational
a) Salaries & Employer Taxes/lnsurance 41.200 32.784 42,000 37,700 37,000 40,000
b) Trucking Contract 20.000 10.803 20,000 14,810 17,000 19,000
c) Administrative 1,000 516 2.000 1,735 750 1,000
d) Operational Supplies 23,500 21.713 25,000 29,272 24,000 27,000
e) Contract Services 25,000 25,000 25,000 26,481 26,250 29,000
f) Heavy Growth Season Extension 1,300 781 0 424 0 0
SUB-TOTAL WEED HARVESTING OP. EXP. 112,000 91,597 114,000 110,422 105,000 116,000
2. Weed Harvesting Equip. Depreciation 12,000 12,000 0 0 0 0
SUB-TOTAL WEED HARVESTING 124,000 103,597 114,000 110,422 105,000 116,000
3. Weed Harvesting Reserve Fund 9,378 7,194 0 0
4. Zebra Mussel Operational 5,000 644 5,000 4,150 5,000 5,000
TOTAL EXOTICS MANAGEMENT 129,000 104,241 128,378 121,766 110,000 121,000
TOTAL DISBURSEMENTS 409,433 389,914 433,921 396,332 427,295 466,953
SAVE THE LAKE- Past Years (Informational)
Save the Lake Program Income:
a) Private Donations 32,000 24,728 30,000 27,830 25,000
b) Other Income 1,000 14,000 1.500 4,391 2,000
c) Interest 7,000 10,381 5,000 2,158 2,000
SUB-TOTAL SAVE THE LAKE INCOME 40,000 49,109 36,500 34,379 29,000
Save the Lake Program Expenses:
a) Administrative 3,750 2,853. 5,000 2.936 3,500
b) Program 36,250 24,695 31,500 23,343 25,500
SUB-TOTAL SAVE THE LAKE EXPENSES 40.000 27.548 36,500 26,279 29,000
Page 3
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LAKE MIN.ONKA CONSERVATION DISTRlaA
2004 B GET ASSUMPTIONS (DRAFT) .
The following assumptions were made in the preparation of the adopted 2004 LMCD Budget:
J\.[)MI~!.S.TRATION
Salaries (1a)
Executive Director
Admin. Tech.
Admin. Secretary (hourly rate)
Admin. Clerk (see professional services)
Current Hours
55620.00
37000.00
13.75 1664
Employer Benefit
Contributions (1b)
P.E.RA (4.75%)
NCPERS Life Ins.
Prudential Life Ins.
F.I.CA & Medicare
Medical Ins.
Office Lease & Storage (2a)
Office & storage
January-September
October-December
subtotal
Adjustment from Freshwater Foundation
Off-site storage
Monthly Rate Months
2312.00 9
2312.00 3
0.00 0
Telephone (3b)
Owest
AT&T
Insurance. Bonds (3g)
Property
Inland Marine
Municipal Liability
Excess Liability wI Waiver
Bond
Contingency (1)
(includes salary increases)
Page 1
2003 base
55620.00
37000.00
22880.00
0.00
$115.500.00
5,486.25
432.00
0.00
8,835.75
8,000.00
$22.154.00
20808.00
6936.00
27744.00
0.00
0.00
27744.00
4.200.00
480.00
$4.680.00
250.00
1,500.00
5,625.00
2,250.00
315.00
$10.000.00
$10.000.00
EWM/EXOTICS MGMT
EWM Salaries & Employer
Taxes/Insurance (1a)
Salaries
F.I.C.A. & Medicare (7.65%)
Insurance (Auto & Workers Comp.)
33,300.00
2,500.00
4,200.00
$40,000.00
RESERVE FlJNDANALY~IS.
Administration
EWM/Exotics
2003
141,070
3,500
o
o
$144,570
74.452
o
o
o
$74,452
12/31/02 Balance
Reserve Fund Contribution
Reserve Fund Allocation
Transfer to Equip. Repl. Fund
2004
Projected 12/31/03 Balance
Designated Expense- Mgmt Plan
Reserve Fund Contribution
Reserve Fund Allocation
Transfer to Equip. Repl. Fund
Projected 12/31104 Balance
144,570
(22,000)
o
(4,000)
o
$118,570
74.452
o
o
(4,000)
o
$70,452
Projected % of 2003 Annual Budget
Target % of 2003 Annual Budget
37.4%
50.0%
64.0%
100.0%
Page 2
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.
eKE MINNETONKA CONSERVATION OIST.
PPENDIX A - 2004 BUDGET NOTES (ORA
...
ADMINISTRATION
$115,500 has been budgeted for Salaries for two full-time employees and one part-time employee at current salaries and hourly rate (line item 1a). Salary
adjustments for these employees have been budgeted for as part of Contingency (line item 8). In 2003, $125,000 was budgeted for Salaries for three full-time
employees and one part-time employee. The reduction of staffing in 2004 of District employees will be suplemented with part-time temporary support staff (line
item 2b).
$27,744 has been budgeted for Office Lease & Storage (line item 2a).
$18,000 has been budgeted for Professional Services (line item 2b). This includes funds for the District Bookkeeper, part-time temporary service, and the cleaning
service for the District office.
$10,000 has been budgeted for Insurance, Bonds (line item 3h) with the LMCIT. Higher costs compared to recent years are out ofthe control of the District.
$5,000 has been budgeted for Printing, Publications, & Advertising (line item 3d). This includes for the re-printing of Summer Rules and other District literature.
Boat and Water Safety Education (BWSE) expenses (line item 3j) generally offset revenues received (line item 19) for this twice a year course for boaters who get
BWl's on Lake Minnetonka.
$3,000 has been budgeted for Computer Software & Hardware expenses (line item 4b). This includes operating systems and word processing software upgrades,
and the replacement of one desktop computer.
$30,000 has been budgeted for Prosecution Services (line item 5b), compared to $34,000 in 2003.
$31,000 has been budgeted for legal services (line item Sa), which will be partially off-set by charging expenses back to applicants.
$40,000 has been budgeted for Management Plan implementation for Boat Density and User Attitude Surveys (line item 6a). A MN DNR grant of $12,500 is
planned for these surveys (line item1 e). The District, at the request of the member cities, initiated budgeting for these Management Plan projects annually rather
than the year they are planned. $17,000 was budgeted in 2002 and $5,000 was budgeted in 2003 (line item 19). The remaining $5,500 is included in the 2004
levy to the member cities (line item 1 a). Projects are planned every four years, with an estimated cost of $5,000 _ $8000 per year for the District.
$5,000 has been budgeted to update and improve signage at public accesses on Lake Minnetonka (line item 6d).
A reserve fund contribution of $4,000 has been budgeted for 2004. With a projected Administrative reserve fund balance of $118,570 by 12/31/04, the District
should be below the agreed upon six-month reserve for the Administrative Budget.
EWM/EXOTICS MANAGEMENT
It is anticipated that the MN DNR will fund the District with a grant of approximately $25,000 to assist in the management of Eurasian
Watermilfoil.
A reserve fund contribution of $4,000 has been budgeted. With a projected EWM reserve fund balance of $70,452 by 12/31/04, the District should be below the
agreed upon 12-month reserve for the EWM/Exotics Management program.
$5,000 has been budgeted for Zebra Mussel expenses (line item 2). These funds will be spent on the "Let's Keep Zebra Mussels Out of Lake Minnetonka" project.
Page 1
\
CITY OF SHOREWOOD
PLANNING COMMISSION MEETING
TUESDAY, JULY 1, 2003
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
7:00 P.M.
MINUTES
'f\J ~~~,
CALL TO ORDER
Vice Chair Pisula called the meeting to order at 7:03 P.M.
ROLL CALL
Present:
Vice Chair Pisula; Commissioners, Gagne, Packard, White (arrived 7:04 P.M.), and
Woodruff; Council Liaison Zerby, and Planning Director Nielsen
Absent:
Chair Bailey and Commissioner Borkon
. APPROVAL OF MINUTES
.
· June 3,2003
Gagne moved, Woodruff seconded, Approving the June 3, 2003, Planning Commission Meeting
Minutes as amended on Page 9, Item 6, Sentence 1, change "examined" to "continued." Motion
passed 4/0/1, with Packard abstaining due to absence at that meeting.
1. FINDINGS OF FACT - L-R DISTRICT AND C.U.P. AMENDMENTS - SHOREWOOD
YACHT CLUB
Director Nielsen reviewed a previous motion made by the Planning Commission at the June 3, 2003,
Planning Commission Meeting regarding the applicant's request for an amendment to the provisions set
forth in the L-R zoning district that restricted multiple dock facilities in Gideon's Bay to sailboats only.
He then went on to briefly review the history of the case regarding this request. Director Nielsen then
reviewed the findings of fact associated with this case for the Commission.
Commissioner Woodruff commented she had reviewed findings from the Minnehaha Creek Watershed
District regarding high phosphate levels in Gideon's Bay as aresult of the historic use associated with a
sewage treatment plant in the area near the Shorewood Yacht Club.
Vice Chair Pisula stated he would like to request a "Conclusion C." be added to the Findings of Fact as
follows:
C. The Planning Commission recommends the Applicant's request for an amendment to
its Conditional Use Permit be denied, since the applicant failed to demonstrate a
compelling public purpose for changing an agreement freely entered into three years
prior to this request, and the justification presented appeared to be economic in
nature.
Vice Chair recognized the applicant's desire to speak and allowed further testimony in this case.
John Cross, representing Minnetonka Moorings, Inc., located at 600 West Lake Street, stated he had
contacted Mr. Bob Keiser, Vice President of American Engineering Testing, Inc., located on Cleveland
Avenue in 8t. Paul, Minnesota, to request testing be conducted on the soil content of the lake floor near
PLANNING COMMISSION MEETING MINUTES
July 1, 2003
Page 2 of5
the Shorewood Yacht Club. Mr. Keiser was present this evening to present his findings of this study to
the Commission.
Mr. Keiser stated h~ad more than thirty years experience in working with water quality issues and soil
cleanup projects. Mr. K-eiser stated he.had taken samples off the lake bottom at the end of each of the
four piers located at the subject property and had sampled in two different places on the fourth pier
located on the westernmost side of the property. He noted these samples were obtained with a hand outer
core sampling device operated in approximately 8 feet of water and shallower depth closer to shore
collected at 0 to 10 inches below the surface of the lake bottom. He then reviewed the testing procedure
and metallurgy that could be identified as part of this testing. He stated there was not a great deal of lake
sediment data available, but he had compared the fmdings to a Minnesota Pollution Control Agency
(MPCA) report from March, 1996.
According to his research, his findings indicated the metals found were consistent with those identified in
the MPCA study. The single aspect found to be significantly different included the total phosphorus
findings detailed in the MPCA report as being 1000 milligrams per kilogram and the Shorewood Yacht
Club findings were listed as 100 milligrams per kilogram, thus there was little concern necessary for .
phosphates in the sediment in the water near the Shorewood Yacht Club. He also commented total
sediment did not demonstrate any correlation with poor quality. He went on to comment the phosphorus
available to algae could only occur in certain soluble phases.
Mr. Keiser stated he had spoken with John Barton of the Three Rivers Park District regarding a report
released in 1999 regarding the stratification of lakes that stated phosphorus would be located naturally at
the bottom of the lake stratification, and would be distributed through the water column in an event such a
storm. He also summarized data from 2001 which noted that phosphate would most likely be discharged
into water as it passed through treatment plants unless tertiary treatment had taken place. He stated it was
thus considered likely that no phosphorus had been distributed near the Shorewood Yacht Club, but more
realistically distributed throughout the lake area near the plant.
Judy Cross, applicant, stated attempts had been made to address concerns heard in the Public Hearing on
this matter. She stated the Lake Minnetonka Conservation District (LMCD) map shared with
Commissioners indicated the speed in the area as being 5 miles per hour, and requested the help of the .
Planning Commission, Council, and neighbors to sign a petition regarding the designation of a No Wake
Zone in the area utilized by the Shorewood Yacht Club. She noted there had not been any reports or
complaints received by the Hennepin County Sheriff s Department Water Patrol regarding activity at this
location, and noted the dredging company did not object to this change in designation, and she could not
imagine residents of Timber Lane would object either.
Mr. Cross presented an aerial photo of the area from 1945, and reviewed history of the area of the
Shorewood Yacht Club. He stated the LMCD had been designated by the State to study matters on the
lake, and he believed it would be most appropriate for the LMCD to decide the designation on this matter.
Mrs. Cross stated she thought Items 1-4 listed in the Findings of Fact Conclusion Section Item A were
ambiguous and subjective. Mr. Cross stated he was not sure why this issue was posing a problem, as
other uses near the Shorewood Yacht Club were more intensive. He also stated the Shorewood Yacht
Club had worked hard to be good neighbors and provide a necessary business to the lakeshore residents.
Mrs. Cross expressed concern for a gap in the minutes from the June 3, 2003 Planning Commission
Meeting as the recording machine was not working properly.
Vice Chair Pisula stated that was not the case, as the recording secretary was taking notes this evening in
the same way the recording secretary had done at the last meeting, including the use of a recording
,
PLANNING COMMISSION MEETING MINUTES
~ July 1, 2003
Page 3 of5
.
.
machine and scripting of notes as the meeting transpired. He stated the Commission had reviewed the
minutes previously in this evening's meeting and found them to be in order and accepted them as
accurate. He requested Mrs. Cross share the perceived missing information with the Commission.
Director Nielsen stated the use of the recording machine was not required by law, but was utilized as a
tool by the recording secretaries for the transcription of minutes.
Vice Chair Pisula then requested any additional comment by the Commission, and thanked the Crosses
for sharing information with the Commission this evening regarding the case.
Commissioner Gagne stated he was pleased the quality of Lake Minnetonka was better than anticipated in
this case.
Commissioner Woodruff stated she had heard no evidence to change her mind in this matter. She stated
she remained concerned for the phosphorus in the sediment at the lake bottom as it would be impossible
for power boats not to disturb it much the same way storm wave action would as boats moved through the
area.
Commissioner Packard stated, while she was absent at the June 3, 2003, Planning Commission Meeting,
she did not see a reason for amending the Conditional Use Permit at this time as she did not think it would
benefit the environment and there was not a compelling reason for change.
Commissioner Gagne agreed, noting he thought the request was economic in nature, and there was no
need to change an agreement entered into with the applicant only three years prior.
Commissioner White stated she was curious whether the testing would prove the same findings had
samples been taken closer to the island. She did not see a reason to change as the phosphates were clearly
in the water, and the powerboats would stir it up.
Woodruff moved, Gagne seconded, Recommending Acceptance of the Findings of Fact for the L-R
District and C. U.P. amendments for the Shorewood Yacht Club, with the inclusion of Conclusion C.
as:
C. The Planning Commission recommends the Applicant's request for an amendment
to its Conditional Use Permit be denied, since the applicant failed to demonstrate a
compelling public purpose for changing an agreement freely entered into three
years prior to this request, and the justification presented appeared to be economic
in nature.
into the Findings of Fact for this matter. Motion passed 5/0.
Vice Chair Pisula noted this case would appear on the July 14, 2003, Regular City Council Meeting
Agenda.
2. 7:00 P.M. PUBLIC HEARING - REVISIONS TO SECTION 1201.03 SUBD. 2.f. (FENCE
REGULATIONS)
Vice Chair Pisula opened the Public Hearing at 7:40 P.M., noting the procedures utilized in a Public
Hearing.
Director Nielsen explained revisions were need to Section 1201.03 of the City Zoning Code that governed
fencing regulations. He stated clarification was needed with regard to Subd.2.f. to allow fence caps and
posts to extend beyond the previously designated maximum height of fencing since many manufacturers
PLANNING COMMISSION MEETING MINUTES
July 1, 2003
Page 4 of 5
and installations resulted in posts that extended over the top of the plane of the fence. Staff recommended
the following amendment for consideration.
"(12) Fence Height: The height of fences prescribed herein shall be considered to be the
maximum height allowed. Fence posts may extend above the specified height b no more than eight inches
(8 ''). "
Director Nielsen also explained Section 1201.03, Subd.2.f.(7) had as its primary intent, the safety of small
children and occasional stray pets from falling into unattended swimming pools. He noted clarification
was needed regarding the need for a self-closing gate and screening. Setback issues regarding
aboveground swimming pools also were in need of clarification due to concerns for the ultimate height of
the structure. Subd.3c.(6) could be modified as followed:
"(6) The minimum rear year setback for swimming pools shall be sixty percent (60%) of that
which is required for the zoning district in which the pool is located. No Dart of anv such pool. including
guardrails. shall exceed six feet (6') above grade in height. Decking. patios. and pools aprons shall not .
encroach into the required rear vard setback area. Rear yard setbacks for lakeshore lots shall be as
provided in Section 1201.26 of this Ordinance. "
Commissioners Gagne, Pisula, and Woodruff stated they liked the idea of having a fence remain around
the pool area.
Gagne moved, Packard seconded, Recommending Approval of the Fence Ordinance Amendment
Regarding Height and Aboveground Pool Setbacks as proposed. Motion passed 5/0.
3. DISCUSS PLANNING COMMISSION LIAISON TO CITY COUNCIL ROTATION
The Liaison schedule for Commission Liaison to City Council was established as follows:
Commissioner Gagne
Commissioner White
Commissioner Pisula
Commissioner Woodruff
Commissioner Borkon
Commissioner Packard
July
August
September
October
November
December
.
4. MATTERS FROM THE FLOOR
The Commission requested information on the potential for milfoil compost, a trail on Lake Linden, and
the "Opt Out" plan for the City.
5. DRAFT NEXT MEETING AGENDA
Director Nielsen noted issues regarding the Sign Ordinance Amendment, Review of Lake Uses
(Recreational Equipment), and review of the City's Dog Ordinance were slated for the July 15, 2003,
Planning Commission Agenda.
~.
~
PLANNING COMMISSION MEETING MINUTES
July 1, 2003
Page 50f5
6. REPORTS
· Liaison to Council
Council Liaison Zerby reported on matters considered and actions taken at the June 23, 2003, Regular
City Council Meeting (as detailed in the minutes of that meeting).
· SLUC
COmmissioner Woodruff reported on the Sensitive Lane Use Coalition meeting regarding NPDES Phase
II Stormwater Management Plan.
· Other
.
Commissioners reported concern for a property on County Road 19 where dogwood trees were dying and
landscaping had not yet been completed.
7. ADJOIIRNMENT
Gagne moved, Packard seconded, Adjourning the Planning Commission Meeting of July 1, 2003, at
8:37 P.M. Motion passed 5/0.
RESPECTFULLYSUBMUTTED,
Sally Keefe
Recording Secretary
.
CITY OF SHORE WOOD
PLANNING COMMISSION MEETING
TUESDAY, 3 JUNE 2003
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
7:00 P.M.
MINUTES
CALL TO ORDER
Vice-Chair Pisula called the meeting to order at 7:07 P.M.
ROLL CALL
Present:
Vice-Chair Pisula; Commissioners Gagne, White, and Woodruff, late arrivals
Chair Bailey and Commissioner Borkon; Planning Director Nielsen and Council
Liaison Lizee
.
Absent:
Commissioner Packard
APPROVAL OF MINUTES
· May 20, 2003
Gagne moved, White seconded, Approving the May 20, 2003 Planning Commission
Minutes as presented. Motion passed 4/0.
1. 7:00 P.M. PUBLIC HEARING - C.U.P. FOR ACCESSORY SPACE OVER 1200 S.F.
Applicant: Todd Hermann
Location: 5915 Alton Road
.
Vice-Chair Pisula opened the Public Hearing at 7:08 P.M., noting the procedures utilized in a Public
Hearing and reviewing the criteria for granting C.D.P. 's.
Nielsen explained that the applicant, Mr. Todd Hermann, had applied for a conditional use permit to
construct accessory space in excess of 1200 square feet on the property located at 5915 Afton
Road. Mr. Hermann was proposing to build a new detached garage to the north and east of the
house. Since the area of the garage, combined with a small utility shed on the site and an
existing attached garage, exceeds 1200 square feet, a C.D.P. was required.
Nielsen reported that the property is zoned R-IA, Single-Family Residential and contains 42,092
square feet in area. The new garage contains 720 square feet. Combined with the utility shed
and the existing garage, the amount of accessory space on the site will total 1538 square feet.
The proposed garage will be 50 feet from the rear (east) lot line and approximately 27 feet from
the northerly lot line. Nielsen added that the existing home contains 1560 square feet offloor
area in one and one half stories.
With regard to Section 1201.03 Subd. 2.d.(4) of the Zoning Code prescribing criteria for granting
conditional use permits for accessory space over 1200 square feet, Nielsen explained how the
applicant's plans comply with the Code:
Planning Commission Meeting
June 3, 2003
Page 2 of 10
a. The total area of accessory buildings (1538 square feet) does not exceed the proposed
floor area (1560 square feet) above grade ofthe existing home.
b. The total area of accessory buildings does not exceed 10 percent of the minimum lot size
for the R-IA zoning district (.10 x 40,000 = 4000 square feet).
c. The proposed garage complies with R-IA setback requirements. The total area of
impervious surface on the property will be only nine percent. Nielsen felt it was worth
noting that the applicant does not propose to construct a driveway to the new building, as
it will be used primarily for storing his boat, and for workshop space. Since the structure
will be tucked into some rather large evergreen trees, no additional landscaping is
considered necessary.
Nielsen pointed out that the garage was placed on the site in this location in order to avoid a
rather significant drainage swale that extends through the middle of the site.
.
d. The architectural character of the new building will be the same as the existing house.
Siding and roofing will match the house.
Based upon the preceding analysis, Nielsen stated that staffwould recommend that the
applicant's request for a conditional use permit be granted, subject only to the standard warning
that such structures are for residential use only, and that any type of home occupation conducted
within an accessory building must obtain a separate permit.
Mr. Hermann had nothing to add.
Woodruff moved, White seconded, recommending approval of the C.U.P for Accessory
Space in Excess of 1200 Square Feet for the property located at 5915 AIton Road. Motion
passed 4/0.
.
Woodruff moved, White seconded, to revise the Agenda, moving item three before item two.
Motion passed 4/0.
2. SIMPLE SUBDIVISION
Applicant: Dewey Carter
Location: 5655 Fairway Drive
Nielsen explained that, Mr. Dewey Carter, representing Tradewinds Concepts and Design, has
requested a minor subdivision ofthe property located at 5655 Fairway Drive. The property is a
vacant lot that is part of the Country Club Meadows plat containing 86,515 square feet of area
and is zoned R-l C, Single-family residential.
Nielsen indicated that the applicant proposes to divide the property into two parcels, as was
originally platted, however, when the final plat of Country Club Meadows was approved, the
developer chose to combine the two parcels in order to avoid having to establish a homeowner's
association to own and maintain the southerly parcel. The southerly parcel, previously platted as
an outlot, is predominantly wetland and ponding area for Country Club Meadows.
Planning Commission Meeting
JIDle 3, 2003
Page 3 of 10
Nielsen explained that the reason for putting it back to two parcels is that when it was combined,
the required setbacks, by definition, changed to make the northerly parcel unbuildable. Rather
than apply for a variance, the applicant has chosen to separate the parcels
With regard to the recommendation, Nielsen stated that staff would recommend the division be
approved. He pointed out that the application was very much a "housekeeping" measure that
should have been caught in the original platting of the property and reminded the Commission
that no buildable area exists on Parcel B. As such, Nielsen recommended that the applicant's
attorney prepare protective covenants for both parcels containing the following provisions:
1. The parcels shall not be conveyed separately from one another.
2. Parcel B shall not be built upon.
3. The owner of Parcel A shall remain responsible for the maintenance and taxes for
Parcel B.
.
Mr. Carter had no further comments.
The Commission was comfortable with the proposal.
White moved, Gagn~ seconded, to recommend approval of the Minor Subdivision for the
property located at 5655 Fairway Drive, subject to staff recommendations. Motion passed
4/0.
Nielsen stated that this, and other resolutions, would likely appear on the City Council's June 9,
2003 agenda.
Upon receiving the paperwork and wording from Nielsen, Mr. Carter indicated that he would
have their attorney handle the required documentation.
. Chair Bailey and Commissioner Borkon arrived at 7:22 P.M.
3. 7:15 P.M. PUBLIC HEARING - ZONING ORDINANCE TEXT AMENDMENT TO
L-R DISTRICT/C.U.P. AMENDMENT FOR SHOREWOOD YACHT CLUB.
Applicant: John and Judy Cross, Minnetonka Moorings, Inc.
Location: 600 West Lake Street
Chair Bailey opened the Public Hearing at 7:22 P.M., reiterating the procedures utilized in a
Public Hearing.
Nielsen explained that he had received quite a bit of response from neighbors with regard to this
application over the past week and had distributed copies ofthose contacts to the Commission
for review.
Nielsen explained that Mr. John Cross, representing the Shorewood Yacht Club (SYC), located
at 600 West Lake Street, had requested an amendment to the provisions set forth in the L-R
zoning district that restrict multiple dock facilities in Gideon's Bay to sailboats only. He also
Planning Commission Meeting
June 3, 2003
Page 4 of 10
was requesting that a similar requirement contained in his present conditional use permit, be
amended as well.
SYC was rezoned nearly three years ago to be included in the L-R, Lakeshore Recreational
zoning district, and was granted a conditional use permit to operate a multiple dock facility.
Although Nielsen noted that there was considerable background associated with those previous
actions, they would not be reiterated this evening, rather, the resolution, staff reports, and
minutes from related meetings were included for the Commission's review.
With regard to the current requirements, Nielsen stated that the SYC operates under a conditional
use permit, pursuant to Section 1201.24 of the Shorewood City Code. Section 1201.24 Subd.
10.d., which states:
"d. Issuance of a license shall take into consideration the historic use of the site under
consideration with respect to the use of power boats. With the exception of power boats .
necessary for the operation of the facility, water harboring of boats on any site located in
Gideon's Bay shall be limited to sailing boats only. "
Nielsen continued, stating that the conditional use permit contained the following references to
sailing boats:
Pg.3 "1. That based upon the foregoing, the City Council hereby grants the
Applicant's request for a conditional use permit for a sailing yacht club at 600
West Lake Street. " (emphasis added)
"2.c. The permit shall be limited to the docking of sailboats. except for three
power boats used by the management of the Yacht Club. In addition, the dock
located at the westernmost end of the subject property shall be limited to one boat
owned by the residents of 5585 Timber Lane. Weed harvesting equipment shall .
not count against the allowable number of power boats. " (emphasis added)
Since a number of restrictions accompanied the latest Resolution, the applicant was requesting a
language change in order to allow him to house powerboats. Nielsen pointed out that these were
the provisions that the applicant proposed to change, which would eliminate any distinction
between power boats and sailboats.
Section 1201.04 Subd. 1.d.(1) of the Zoning Code sets forth the factors to be considered in
evaluating zoning text amendments and conditional uses:
"(1) The Planning Commission shall consider possible adverse effects of the
proposed amendment or conditional use. Its judgment shall be based upon (but not
limited to) the following factors:
(a) The proposed action has been considered in relation to the specific policies
and provisions of and has been found to be consistent with the official City
Comprehensive Plan.
(b) The proposed use is or will be compatible with present and future land uses of
the area.
.
.
Planning Commission Meeting
June 3, 2003
Page 5 of 10
(c) The proposed use will not tend to or actually depreciate the area in which it is
proposed.
(d) The proposed use can be accommodated with existing public services and will
not overburden the City's service capacity. "
Nielsen reported that it would be staffs recommendation that the Planning Commission and City
Council review policies set forth in the Comprehensive Plan, particularly the Natural Resource
section and the Land Use section of the Plan, in conjunction with this request.
Section 1201.04 Subd. 1.d.(2) goes on to say:
"(2) Upon consent of the City Council, the Planning Commission and City staff
shall have the authority to request additional information from the applicant concerning
operational factors or to retain expert testimony with the consent and at the expense of
the applicant concerning operational factors, said information to be declared necessary
to establish performance conditions in relation to all pertinent sections of this
Ordinance. "
One of the most significant concerns raised during the redrafting of the L-R District requirements
and in the review of the SYC conditional use permit, was the potential for environmental
disturbance. Specifically, people were concerned that power boats may stir up phosphates
suspended in the silt in Gideon's Bay from the old Excelsior sewage treatment plant, which
discharged through the SYC site. While no studies were available when the SYC application
was being considered, it was suggested that the MPCA was going to be conducting soil sampling
of various parts of the lake in the (then) near future. Nielsen noted that staff could not determine
if such a study was ever done.
Nielsen pointed out that the applicant's request letter mostly references an increasing demand for
power boat slips, but fails to address the market for sailboating. In discussing this with a
member of the Wayzata Yacht Club, they apparently have a waiting list of people who want
sailboat slips. In this regard the City may wish to require a market study of boat slip demand on
Lake Minnetonka.
With regard to the current zoning status, Nielsen explained that the City cited the Yacht Club last
year for operating without a license and in violation of the existing conditional use permit. The
violation was resolved in the City's favor in District Court. At this time, Nielsen stated, the SYC
has a license for 2003 and does not appear to be renting slips for power boats. There are,
however, two items which need to be addressed at this time: 1) the access to the property was to
have been "gated and locked" except for occasional maintenance; and 2) not all of the required
landscaping appears to have been installed. He felt that these matters should be resolved prior to
any official actIOn being taken on the present application.
John and Judy Cross, of SYC, gave a brief history of the marina, explaining that over a four year
CUP process the SYC was finally built in 1979 to accommodate a need for sailboating. While
the SYC used to have a waiting list for its 125 slips, Mr. Cross explained that, in recent years,
after adding 35 more slips, the demand had declined.
Mrs. Cross pointed out that the SYC has provided many services to the community over its life
span, including, a sailing school, slips, kids camp, boat rentals, etc. She indicated that 98% of the
calls they'd received over the past two years had come from powerboat owners; whereas,
demand for sailboat rental slips had been declining. She explained that, due to the economy and
since 9/11, the discretionary spending of sailboat owners has declined. Mrs. Cross urged the
Planning Commission Meeting
June 3, 2003
Page 6 of 10
Commission to enable them to keep the SYC a viable business by allowing them to rent to
powerboat owners.
With regard to a market survey, Mr. Cross indicated that they had performed an unofficial study
of their own based on the number of contacts they received off of two newspaper and trade
journal ads. He passed out copies of the ads and stated that they received little or no calls from
the advertising. In addition, Cross stated that he contacted other marinas in the area and found
that most of them had experienced a decline in sailboat slip rentals. He distributed an LMCD
boat density study of the surrounding marinas, a 1999 Lake Minnetonka Water Quality Study
performed by Hennepin Parks, and an aerial photo of the SYC, its neighbors and bay.
Relative to the phosphates being stirred up that sit on the bottom of the bay, Mr. Cross argued
that the sailboats probably stir up the bottom even more than powerboats would due to their deep
berth and motors pushing them out of the marina. He pointed out that the Wayzata Bay Marina
was the only marina with a small sailboat wait list, due in part to their inexpensive slip rates, and
that only racers can slip there. Mr. Cross maintained that their lake access directs patrons to head
directly out straight past Frog Island and into Gideon Bay, without disturbing neighbors. He
added that their street access, off County Road 19, does little to disturb neighbors either. Mr.
Cross acknowledged that their preference would be to continue to rent to sailboats; however, he
explained that alone was not working for them.
Steve Haskins, 5455 Timber Lane, indicated that, as representative for the 9 houses along
Timber Lane, they felt the proposed changes were in an effort to revise their business plan. He
pointed out that many of the same questions Mr. Cross raised were also examined in 1979 by the
Supreme Court in its original permitting plan. Although Mr. Haskins enjoyed the SYC's
presence and agreed to allow them the additional 35 slips several years ago for more sailboats, he
and his neighbors this time around would fight any effort to allow powerboats. He pointed out
that the neighbors were the ones who informed the City of the SYC's C.D.P violations and
number of powerboats last year.
In addition, Mr. Haskins stated that, with the water level at 1.8', there would be no question that
powerboats would churn up sediment and phosphates at the bottom. He pointed out that Frog
Island itself would be in danger of falling back into the lake due to erosion if more and more
powerboats were allowed to access the lake from the SYC. He explained that, in 1953, Frog
Island was elevated to 8-10' above water level and the boy scouts went to great lengths to plant
trees on the island. Since 1953, because the LMCD and Watershed has done little to preserve it,
the island has been eroding and is in danger of being lost.
Mr. Haskins urged the Commission to deny the C.D.P., adding that his business, too, had
suffered great losses since 9/11; however, the City did not see him asking for help in revising his
business plan.
Nick Reuhl, 456 Lafayette Avenue, stated that, as a resident ofthe peninsula, he supported the
original C.D.P for sailboats, not powerboats or a gas station, in 1975. In the early years, Mr.
Reuhl indicated that he had written numerous letters to the City and Mr. Cross regarding their
marina, and believed them to be a good neighbor for many years. In March of 1999, Reuhl
.
.
.
.
Planning Commission Meeting
June 3, 2003
Page 7 of 10
stated that, once again, he supported the addition of 35 sailboat slips, and read a letter from that
time.
Over the past 2-3 years; however, Mr. Reuhl stated that things had changed and issues had come
out which upset and bewildered him, including the change in use of the marina facility by the
Cross', even after being reassured by the Cross' over the years that this would not happen.
Reuhl, too, stated that his business had been down since 9/11, and indicated that he had no plans
to approach the City to ask to be rezoned. He believed the addition of 125 powerboats would be
a disaster for the neighborhood and encouraged the Commission to deny the expansion.
Harry Ryan, 430 Lafayette Avenue, echoed the comments of the two previous residents and
emphasized his concern with regard to the negative impacts the stirring up of the phosphates
would have on the lake. He argued that the impacts felt by a 250 horsepower motorboat would
far outweigh those of a 5 horsepower motor guiding sailboats to the bay. He stated that, to his
knowledge, financial hardship alone was not grounds for granting a variance or C.U.P request.
While he loved the sailboats at SYC, he indicated that powerboats would altogether give a
different feel to the neighborhood, and be detrimental to property values.
Chris Maller, 446 Lafayette Avenue, in addition to the earlier comments, she stated that,
although she enjoyed the atmosphere provided by the sailboats at SYC, she was concerned most
about the safety of children in the area who swim and play to and from Frog Island if powerboats
were allowed to race out of the marina.
Marjorie Yaeger, 5445 Timber Lane, indicated that, indeed, Mr. Haskins was speaking for the
residents of Timber Lane.
James Hancock, 23800 Lawtonka Drive, as a member of the Yacht Club, he felt the SYC had
been a good neighbor and needed to be allowed the ability to remain viable by bringing in more
powerboats. He stated that the SYC did an excellent job of enforcing the quiet hours from
lOPM-8AM and would impose fines for excessive noise.
Ben Faust, 452 Lafayette Avenue, stated that, having lived at this address for 55 years, he
believed the sailboats had added a pleasant New England feel to the neighborhood. He was
against the addition of the powerboats for this, and earlier reasons mentioned.
Cindy Faust, Ben Faust's daughter, stated that having grown up on the water here, she was
frightened for the safety of the children by what the additional powerboats might cause.
Dorothy James, 450 Lafayette Avenue, disagreed with Mr. Cross, stating that the powerboats
and sailboats do cruise by Lafayette.
Steve Haskins added to his original comments, asserting that it was the business decision to add
35 more slips that had caused the Cross' this difficulty.
Mr. Cross maintained that the original Supreme Court case recognized that the residents of the
area did not wish to see anything, sailing or powerboats, in this area of Shorewood. He indicated
Planning Commission Meeting
June 3, 2003
Page 8 of 10
that they do encourage their patrons to avoid cruising past Lafayette, adding that he believed the
area should be changed to a no wake zone altogether.
Chair Bailey closed the Public Hearing at 8:17 P.M.
Woodruff indicated that she was present when the Commission granted the initial C.U.P
changing the lakeshore district to the L-R zone, she pointed out that she objected to it then, and
would so now again. She stated that her concern continues to be environmental. With regard to
the clarity ofthe bay, she stated that the water is filtered as it passes through the upper bays
traveling downward. She was hesitant to allow the SYC to stir up the phosphates present near the
marina since there would be little way to filter the water.
Borkon stated that she, too, echoed W oodruffs thoughts and believed the Commission had been
through this process back and forth in an effort to examine the applicant's request. She was
concerned how the addition of powerboats would impact the lakeshore.
.
Pisula stated that he had not heard anything with regard to the how the public purpose would
support this change. In fact, Pisula maintained he had heard more evidence against turning the
marina over to powerboats than that supporting their request for changing the public purpose. He
felt it was inappropriate for the Cross' and SYC to come back to the Commission merely three
years after helping shape the very rules they wished to see changed because they may have made
a poor business decision.
Gagne agreed with the comments made by the other Commissioners, adding that, in his many
years with the City, he had learned that a Commissioner should never make a decision based
solely on economic conditions.
As a sailing enthusiast, White stated that the SYC is a desirable location for Minneapolis
powerboat or sailboat owners, since their marina is the most conveniently located to the City. .
Although it did not help their case, White complimented the Cross' on providing the
Commission with the aerial photo which easily shows the shallow areas surrounding Frog Island.
Chair Bailey agreed with the Commission's comments, stating that, he too, approved the L-R
zoning change in 2000. Today, however, Chair Bailey indicated he would not support changing
the code once again and upsetting the covenant or balance that exists between the SYC, its
neighbors, and the City.
Borkon moved, Gagne seconded, to deny the Shorewood Yacht Club request for an
Amendment to the Provisions set forth in the L-R zoning district that restricts the number
of multiple dock facilities in Gideon's Bay to sailboats only. Motion passed 6/0.
Nielsen indicated that he would compile a findings-of-facts to be presented at the next Planning
Commission meeting.
Borkon moved, Gagne seconded, to deny the Shorewood Yacht Clubs request to revise
their C.U.P to reflect the proposed amendment change based on the findings-of-fact.
Motion passed 6/0.
Recess taken from 8:29 - 8:35 P.M.
Planning Commission Meeting
June 3, 2003
Page 9 of 10
3. Discussed before item #2.
4. MATTERS FROM THE FLOOR
There were none.
5. DRAFT NEXT MEETING AGENDA
.
Nielsen indicated that the next Planning Commission Meeting would be a Work Session
scheduled for June 17,2003. He stated that items for the agenda would include the findings of
fact from the Shorewood Yacht Club discussion this evening, an additional element from the
recreational lake use discussion of the last work session, above-ground pool fencing regulations,
and one other 'planners choice' item.
6. REPORTS
· Liaison to Council
Woodruff reported that the Council continued the variance request for the Edgewood property
and approved the three accessory use applications from the last meeting. She stated that
Hennepin County Commissioner Linda Koblick also spoke to the Council with regard to the
County Road 19 intersection assuring the Council that the project would be completed at 'some
point'.
· SLUC
· Nielsen encouraged Commissioners to contact him by mid June if they wished to attend the
SLUC meeting of July 30, 2003, titled Stormwater; Are we all Wet Yet?, A look from the storm
clouds at Water Regulatory Issues.
· Other
Gagne pointed out that the Blue two-story at Eureka Road/Smithtown Road was demolished and
removed. In addition, Gagne questioned the status of the Cub Foods Lake Linden trail
construction, reminding the Commission that the group, technically, has just 90 days to complete
the trail and landscaping before the intended store opening. He asked if the store opening would
be held up if the trail and landscaping weren't complete.
Nielsen stated that the Cub Foods developer was required to complete the trail and landscaping
before the store opening. He indicated that it would be in their best interest to complete these
things, so as not to hold up the grand opening. Nielsen added that the Cub Foods development
has agreed to hook up to City water.
Planning Commission Meeting
June 3, 2003
PagelOoflO
Lizee reported that during the recent City Council meeting, they reviewed bids for the
Smithtown Road reclamation project, after a delay due to a misprint by the newspapers. She
indicated that she was recruiting volunteers for the 4th of July Fireworks celebration, including
parking attendants, people to man information booths, etc. She stated that she wonld send ont a
blanket memo to everyone requesting assistance.
With regard to the reclamation project, White suggested Nielsen relay to Brown the suggestion
that they complete the middle phase, near Minnewashta School, prior to either outer edge, in
order to avoid any conflicts with the start of school in the fall.
7. ADJOURNMENT
White moved, Borkon seconded, Adjourning the Planning Commission Meeting of June 3,
2003, at 8:50 P.M. Motion passed 6/0.
.
RESPECTFULLYSUBNUTTED~
Kristi B. Anderson
Recording Secretary
.
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DRAFT
CITY OF SHOREWOOD
PARK COMMISSION PARK TOURS
TUESDAY, JULY 8, 2003
6:00 P.M
SHOREWOOD PUBLIC WORKS
SILVERWOOD PARK
SOUTHSHORECO~TYPK
DEEPBA VEN BEACH PARK
CBANBASSEN SKATE PARK
CBAN. LAKE ANN PARK
SEDGE MEADOW @ARBORETUM
MINUTES
1. CONVENE PARK COMMISSION PARK TOUR
Chair Arnst called the tour to order at 6:00 P.M.
A. Roll Call
.
Present:
Chair Arnst, Commissioners Young, Meyer, Davis, Callies, and late arrival
Gilbertson; City Engineer Brown; City Administrator Dawson; Park Secretary
Grout; and Engineer Bailey.
Absent: Commissioner Palesch
2. PUBLIC WORKS FACILITY TOUR
Brown gave the Commission a brief tour of the facility, shop, and equipment garage.
3. SIL VERWOOD PARK TO-DO LIST
. Refurbish the backboard in-house
· Seal coat the half court surface in-house and repaint lines
.
Engineer Brown pointed out that this park is a high use neighborhood park.
Discussion surrounding the use of the tennis backboard and installing a multi-purpose surface
arose. Bailey suggested the Commission consider installing a second set of hoops at the opposite
end of the half court or moving a smaller piece of skateboarding equipment from the Community
Park to Silverwood for the youngsters to practice on.
4. SOUTH SHORE COMMUNITY PARK
· Consider low-level landscaping for the berm, potentillas, dogwood, etc.
· Apply a coat of paint to the equipment to clean it up
Although the park is heavily used, Brown indicated that there had been a slight decrease in
activity lately. Chair Arnst indicated that she and Brown would be meeting with Tim Hughes,
one of the original designers of the park, to discuss adding an additional piece of equipment and
redesigning the layout.
While the American Legion does not have the funds currently, Brown reported that the Legion
has promised to honor their commitment to providing $1,000 annually for improvements to the
park.
-#/71}
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PARK COMMISSION PARK TOURS
JULY 8, 2003
Page 2 of3
.
).-
Chair Arnst encouraged the Commissioners to consider if, and where, a bike park might fit in the
greenspace of the park. While additional thought should be given to benches or something for
adults to use at the park.
5. DEEPHA VEN PARK
Deephaven City Administrator Dana Young met the Commission at the main beach area to view
the new multi-purpose surface installed at the tennis courts. Administrator Young explained that
the new Sport Court surface, combined with blacktop improvements, cost approximately
$18,575., and were part of an overall improvement project. Administrator Young reported that
the surface had a life expectancy of 20 years, would be left down during the winter, and had, so
far, meant less maintenance.
With regard to questions about vandalism, the playing surface, and designs, Administrator Young
indicated that other cities have had few vandalism problems, the tennis action is a bit slower for
medium play, and that numerous design surfaces are available, including hopscotch, magic
square, roller hockey, basketball, etc.
.
In response to Chair Arnst's question regarding public reaction, Administrator Young stated that
public reaction, although first mixed, had since warmed to the change. He indicated that the Park
Commission took on an ambitious improvement project that was downsized a bit and included
new lighting at $65,000, boardwalk improvements and gazebo, as well as the court changes for a
total of approximately $135,000, paid for via park dedication fees. He noted that future
improvements would likely be funded through their CIP, since the accessibility of park dedication
fees would be declining.
6. CHANHASSEN SKATE PARK
Todd Hoffman, Chanhassen's Park and Recreation Director, met the Commission to provide a
brief overview of current park improvements and activities. Hoffman reported that the skate park
continues to be a hot destination across the metro area hosting 150 visitors a day. He believed the
accessible, convenient location, proximity to shopping, and configuration of the park has helped it
to succeed. Hoffman pointed out that the park was gated to contain the litter and access to the
park, with the north gate closed at all times to separate the park from the elementary school.
.
Hoffman explained that the City is awaiting $15,000 in new True Ride equipment, which will
consist of 2 new pieces and a new configuration. He stated that phase one included the half pipe
and grind rail for $15,000, phase two included other pieces for the same money, and currently
phase three includes the fence, landscaping, and the $12,000 metal shelter. Hoffman maintained
that the return on the dollar spent at the park has been phenomenal, with greater use seen here
than any other park.
Hoffman indicated that he had seen no decline in usage at the park and credited its location
between the fire station and city hall for helping to monitor the use. When asked about a bike
park, Hoffman stated that the City was giving consideration to converting a rink near the
recreational center to a bike track. He suggested the City contact Playworld Systems in Chaska
for their equipment needs and pointed out that the life expectancy of the equipment was less than
10 years. Hoffman further suggested the City talk to his public works department about a new
granular product they use in their trash cans to deter the bee problem.
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PARK COMMISSION PARK TOURS
JULY 8, 2003
Page 3 of3
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Commissioner Gilbertson arrived at 7:55 P.M.
Upon returning to the bus, Commissioners acknowledged the usefulness of the cement benches
and metal shelter as potential elements to be considered for the Shorewood Skate Park. It was
noted that the Chanhassen Skate Park was littered and in need of maintenance.
7. CHANHASSEN LAKE ANN PARK
.
Chanhassen Park and Recreation Director Hoffman accompanied the Commission on its visit to
the Lake Ann Park facilities. He gave a brief history of the 102 acre park, explaining that the first
portion of the park was purchased back in 1969 for $6,000 with a vision that encompassed the
entire area as part of the Master Plan. The west portion was later purchased in the 70's for about
$10,000. an acre and includes 40 acres of beautiful woods, which by today's standards would be
worth more than $40,000,000. Hoffman pointed out that the park has 3 lit ball fields (thanks to a
$100,000 donation from the Lions), 3 unlit fields, full size and youth size softball fields, and 3
full size soccer fields. He noted that the Chanhassen Athletic Association donated a set of batting
cages for their use.
With regard to scheduling, Hoffman explained that the Chanhassen Park Rec department
schedules the field use in cooperation with the sports organizations at a meeting to negotiate
space. The most recent trends he noticed were that the diamond sports participation numbers
were decreasing dramatically, as well as, adult softball, and soccer from a highpoint not so long
ago. He pointed out that they have recently begun to offer Lacrosse at Vandemeer Park.
Similar to other communities, Hoffman indicated that the park and rec department has been
encouraged to increase revenues and decrease costs via raising rates for the rec center and cutting
labor and maintenance costs. He added that the front half of the park could always be changed to
a water park if interest in ball dropped off significantly.
8. SEDGE MEADOW AND OAK SAVANNA AT U OF M ARBORETUM
.
Commissioner Davis led the group into the Sedge meadow at the Arboretum explaining that the
25 acre, 50 year experiment, was a work in progress to restore what was once a farm to its natural
state. She pointed out that the arboretum acquired the land in 1995 with lottery money, and has
since obtained numerous grants to plant from seed, as well as, starter plants the native vegetation
seen today.
While drawing a comparison to Freeman park wetland area, Davis believed the effort to restore
the wetland and provide cleaner water could be accomplished using a similar small scale ponding
system to that of the arboretum's.
9. ADJOURNMENT
The tours adjourned at 9:20 P.M.
RESPECTFULLY SUBMITTED,
Kristi B. Anderson
RECORDING SECRETARY
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236
FAX (952) 474-0128. www.cLshorewood.mn.us. cityhall@cLshorewood.mn.us
MEMORANDUM
.
TO:
Mayor and City Council
FROM:
Brad Nielsen
DATE:
10 July 2003
RE:
Proposed Code Amendment - Municipal Water Use and Service
FILE NO.
City Code (Chapter 903)
.
For quite some time staffhas advised the Council that the code relative to municipal
water service is extremely difficult to interpret and enforce. Recent discussions
relative to connection charges have provided an opportunity to incorporate
recommended water policies into the Code that make the cost of providing water
more equitable.. We have also cleaned up the ordinance so as to be easier to read,
understand and enforce. You will note that this one ordinance replaces two
ordinances tied together with a resolution. Substantive changes have been highlighted
In gray.
Staff proposes this draft of the revisions to be a "first reading". Some grammatical
changes will be presented at the meeting. Th~ intent would be to hold the hearing on
Monday night, adopting a final draft on 28 July.
If you have any questions relative to this matter, please do not hesitate to contact me
prior to Monday night's meeting.
Cc: Craig Dawson
Tim Keane
Larry Brown
Bonnie Burton
ft
~J PRINTED ON RECYCLED PAPER
:/I~A
SECTION:
903.01 :
903.02:
903.03:
903.04:
903.05:
903.06:
903.07:
903.08:
903.09:
903.10:
903.11:
903.12:
903.13:
903.14:
903.15:
903.16:
903.17:
903.18:
903.19:
-D-R-A-F-T-
CHAPTER 903
WATER USE AND SERVICE
Purpose and illtent
Compliance With Provisions
Private Wells
Water Service Connections
Water Turn-On and Shut-Off Fees
illstallation and Construction Requirements and Specifications
Service Pipes
Meters
Water Rates and Charges
Water Connections Served by Adjacent Municipalities
Authorized Water Shut Offs
Conservation Measures
Restricted and Prohibited Acts
Discontinuance of Service
Mandatory Hook Up, Commercial and Multiple-Family
Residential Users
Right of Entry Powers
Disclaimer of Liability
Water hnprovement Process
Violation
.
903.01: PURPOSE AND INTENT: The City Municipal water system (hereinafter .
called the water system) shall be operated as a public utility and convenience
from which revenue will be derived, subject to the provisions of this Chapter.
903.02: COMPLIANCE WITH PROVISIONS: No person shall make, construct or
install any water service installation, or make use of any water service
connected to the water system except in the manner provided in this Chapter, nor shall any
person make, construct, install or make use of any installation connected to the water system
contrary to the regulatory provisions of this Chapter.
903.03 PRIVATE WELLS: Pursuant to the current State Well Code and the
Minnesota Plumbing Code, private wells may be constructed or maintained and
continued in use whether or not connection is made to the water system. ill no event shall
there be a means of cross-connection between the private well and the Municipal water system
at any time. Hose bibbs that will enable the cross-connection of the two (2) systems are
prohibited on internal piping of the well supply system. The threads of the boiler drain of the
well volume tank shall be removed or the boiler drain hose bibb replaced with a sink faucet.
903.04:
WATER SERVICE CONNECTIONS:
Subd. 1. Existing Service Stubs: Service stubs have been installed to serve some homes and
businesses presently located in the City. For those homes and businesses, the
connections are ready for use by the existing structures in the City.
a. Permit to Connect, Fee: A permit must be obtained to connect to the water system.
The fee for each permit shall be as set by Council resolution 1. Such fee shall include
inspection and turn-on services performed by the City.
b. Conditions of Permit: The permit fee shall be paid at the time of making application
for water service. In addition thereto, before any permit shall be issued, the following
conditions shall be complied with:
.
(1) No permit shall be issued to tap or connect with any water main or water
system of the City either directly or indirectly from any lot or tract of land unless it
shall be determined that:
(a) The lot or tract of land to be served by such connection or tap has been
assessed for the cost of construction of the water main and water plan system
with which the connection is made; or
(b) The proceedings for levying such assessments have been or will be
commenced in due course; or
(c) A connection charge has been paid.
.
(2) A water meter, meter horn, and remote reader shall be purchased from the
City at the time permit is applied for2.
(3) If the lot is served by the eastern service district water tower and is below
an elevation of nine hundred seventy five feet (975'), a pressure reducing valve (PRV)
shall be purchased from the City at the time the permit is applied for if a new
connection or upon notice by the City if an existing connection.
(4) Inspections: All property service lines shall be inspected by the City Water
Inspector before the lines are covered to insure proper construction of the line and
connection to the service stub. The owner or contractor shall give at least twenty four
(24) hours advance notice to the City Water Inspector when the service pipe is ready
for inspection.
(5) Turn On and Shut Offs: Only an authorized City employee shall turn on or
shut off any water supply at the curb stop.
Subd. 2. New Service Stubs: Application for Water Service Connection: In the event
additional connections or stubs to existing water trunk or lateral facilities are required
-2-
Subd.
or desired, applications shall be made at the City Hall on forms furnished by the City.
a. Applications: All such applications for service stubs shall be made by the owner of
the property to be served, or his duly authorized agent, and shall state the size and
location of the service connection required, and the applicant shall, at the time of
making application, pay to the City the amount of fees required for the installation of
the service connection as hereinafter provided. The application shall also contain the
name of the owner, a description of the property, lot, block and addition, name of road
upon which the property fronts and the signature of the applicant, or his agent,
agreeing to conform to the rules and regulations that may be established by the City as
conditions for the use of water.
b. Performance Bond: For the purpose of assuring and guaranteeing to the City that the
installation of the service connection shall fully comply with all of the other terms and
provisions of this Chapter, the applicant agrees to furnish to the City either a cash
de osit or a corporate surety bond in the sum of two thousand dollars .
'II approved by the City and naming the City as obligee thereunder.
c. Inspections: All property service stubs shall be inspected by the City Water
Inspector before the stubs are covered to insure proper construction of the stubs and
connection to the water main.
d. Additional Requirements: All requirements set forth in Subdivision 1 of this Section
shall be applicable to this subdivision.
.
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-3-
.
903.05: WATER TURN-ON AND SHUT-OFF FEES: A fee as established by
resolution of the City Council 1 shall be charged for turning on or shutting off
water except in instances where a connection permit has been obtained by the property owner.
903.06:
INSTALLATION AND CONSTRUCTION REQUIREMENTS AND
SPECIFICATIONS:
.
Subd.
1. S~pervision: All work. performed with!n the limits of the Ci.ty shall cOmE!,L.l .~ ~",,~~~~.;p~~
re Ulrements of the Mmnesota Plumbmg Code as amended and the _
"'mP"'"... I.' '" '" .,'Y . "'''',,'....~~.li..'.''_:"','II...,X~":il'I'.'I!I1i.~ "llMlll__.... . '" ,...,~""k"~ "i.~, .,II!!! d h 1"1 b '
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under the direct supervision of the City Water Inspector and Public Works Director.
Subd. 2. Authority to Do Work: Only persons authorized by this Chapter shall tap any
distributing main or pipe of the water system, or insert stopcocks or ferrule therein.
Subd. 3. Excavations:1 If the installation is to be in a surfaced street, the location of the water
main shall be ascertained from the City Engineer and, upon completion, such
installation shall be inspected by the Public Works Department. Prior to construction
within the street, notice shall be given to the City Water Inspector, School District,
United States Post Office, Police and Fire Departments, and City Public Works
Director. Such notice must be given at least three (3) days prior to the excavation for
laying of the service pipe, and the connection must be made before three o'clock (3 :00)
P.M. After approval by the Public Works Department, the street shall be restored to its
previously existing condition as directed and approved by the Public Works
-4-
Department. The expense of such construction and restoration shall be borne by the
applicant.
Subd. 4. Separate Connections and Meters: No more than one housing unit or building shall
be supplied from one service connection except by special permission of the City
Council. Whenever two (2) or more parties are supplied from one pipe, connecting
with the distribution main, each building or part of the building must have a separate
stop box and a separate meter.
Subd. 5. Property Service Lines: All installations of property service lines shall comply with
the following:
a. Property service pipe must be laid with sufficient waving to allow not less than one
foot (1 ') extra length and in such manner as to prevent rupture by settlement.
b. Property service lines must be placed not less than seven and one-half feet (71/2')
below surface or finished grade, whichever is lower, and arranged so as to prevent
rupture by freezing.
.
c. A shut off or other curb stop shall be installed at the property line and placed so as
to be protected from freezing.
d. All underground joints are to be mechanical (compression or flared, not sweated)
unless otherwise approved by the City Inspector.
e. Joints shall be kept to a minimum with not more than one joint used for service up
to seventy feet (70') in length.
f. All joints and connections shall be left uncovered until inspected and tested at
normal water line pressure.
g. Connections at mains for domestic supply shall be at least one inch (1 ").
.
h. No water pipe shall be connected with any pump, well, tank or piping that is
connected with any other water supply other than the MuniCipal water system.
i. Not more than one building shall be supplied from one service connection unless by
special permission from the City Council.
j. When two (2) or more buildings are supplied from one pipe, each building must
have a separate stop box and separate meter.
k. Prior to connection with the Municipal water system, all means of cross-connection
to a retained private water supply shall be eliminated.
903.07:
SERVICE PIPES:
-5-
Subd. 1. Maintenance and Repair: It shall be the responsibility of the property owner to .
maintain the service pipe from the curb box into the structure. In the case of failure
upon the part of the property owner to repair any leak occurring in his pipe within
twenty four (24) hours after verbal or written notice thereof, the 'water will be shut off
and will not be turned on until the service charge, as established by resolution of the
Council, has been paid and the leak repaired. When the waste of water is great, or
when damage is likely to result from the leak, water may be turned off immediately
pending repairs.
Subd. 2. Abandoned Service Installations: All service installations that have not been used
for one year, or for any reason have become useless for further service, shall be shut
off at the curb stop. Any expense of the City shall be charged to the property and, if
not paid within thirty (30) days, shall be treated as a delinquent account pursuant to
this Chapter.
.
903.08:
METERS:
Subd. 1. Meter Use Required: Except for extinguishing of fire, no person except authorized
City employees shall use water from the water supply system or permit water to be
drawn therefrom unless the same be metered by passing through a meter supplied by
the City.
Subd. 2. Installation of Meters: All water meters shall be installed by a licensed plumber in
accordance with the following rules:
a. The service pipe from the water main to the meter shall be brought through the floor
in a vertical position. The stop and waste valve shall be installed approximately twelve
inches (12") above the floor.
.
b. The meter shall be located so that the bottom is from twelve to twenty four inches
(12"-24") above the finished floor line. The meter shall be set not more than twelve
inches (12"), measured horizontally from the inside line of the basement wall, unless
an alternate method is approved by the City Water Inspector.
c. All meter installations shall have a stop and waste valve on the street side of the
meter. In no case shall there be more than twelve inches (12") of pipe exposed between
the point of entrance through the basement floor and the stop and waste valve.
A stop and waste valve shall also be installed on the house side of the meter. Meter
setting devices shall be of copper pipe or tubing from the terminus of the service pipe
up to and including the house side stop and waste valve.
d. A remote reader shall be installed on the outside of the building in which the meter
is contained at a height of three feet to five feet (3'-5') above grade.
Subd. 3. Maintenance, Repair and Replacement:
-6-
a. Replacement of Meter: All water meters shall be and remain the property ofthe City
and may be removed or replaced or changed as to size and type by the City whenever
deemed necessary.
b. Maintenance and Repair: The City shall maintain and repair all meters when
rendered unserviceable through ordinary wear and tear and shall replace them if
necessary. However, where any replacement or repair or adjustment of any meter is
necessary because of damage from hot water backup, damage from freezing water, or
damage from any act, carelessness or negligence of the owner or occupants of any
premises, any expense incurred by the City to repair said damage shall be charged
against and collected from the property owner, and water service may be discontinued
until the cause is corrected and the amount charged collected.
Subd. 4. Meter Tests: When a consumer makes a complaint that the bill for any past services
has been excessive, the City shall, upon written request, have such meter re-read. If the
user remains dissatisfied and desires that the meter be tested, said user shall then make .
a deposit in an amount established by resolution of the City Council 1 , and the City
shall test the meter. The user shall, if he so desires, be present when such test is made.
In case a test should show an error of over five percent (5%) of the water consumed in
favor of the City, the deposit will be refunded to the user and a correctly registering
meter will be installed and the date of written request and the minimum charge shall
not be affected. In case the test shows an accurate measurement of water or an error in
favor of the user, the amount deposited shall be retained by the City to cover the
expenses of making such test.
Subd. 5. Unauthorized Tampering With Meter: All water meters shall be inspected and
sealed by the City Water Inspector. No person not authorized by the City shall connect,
disconnect, take apart, remove the seal, or in any manner change or cause to be
changed or interfere with any such meter or the action thereof.
Subd. 6. Calibration of Water Meter and Remote Reader: On or before May 1 each year, the .
City shall mail to each consumer a meter reading card. The consumer shall be
responsible for recording the readings for the water meter and remote reader upon such
card and shall return such card to the City on or before May 20. Failure of the
consumer to return such card to the City by May 20 will result in a late fee being
assessed to the consumers account, such fee to be established by City Council
resolution 1. The City shall analyze such cards and identify those which indicate a
difference in excess of ten thousand (10,000) gallons. The City shall calibrate water
meters and remote readers which have a difference in excess of ten thousand gallons
(10,000) and shall inform the consumer of any difference in the readings and of the
amount due thereon. From and after May 20, 1993, the consumer shall be responsible
to pay for any and all differences in readings between the water meter and remote
reader which indicate amounts due for water consumption.
903.09:
WATER RATES AND CHARGES: 1
Subd. 1. Rates and Charges Established:
-7-
a. Water Service Rates: The water rate due and payable to the City by each water user
for water taken from the Municipal water system shall be at a quarterly rate established
by a resolution of the City Council 1. Where service is for less than a quarterly period,
the quarterly charge will be prorated on a monthly basis.
(1) Minimum Rate for Low Income Residents: A rmmmum charge is
established for residents having low incomes. The charge shall be at two-thirds (2/3) of
the regular minimum rate; provided, that consumption is under ten thousand (10,000)
gallons per quarter. Should the consumption exceed this minimum, the minimum rate
reverts to the regular minimum rate. The criteria for determining low income is as set
by the Hennepin County CDBG Program Income Limits for Very Low Income and
family size. Residents must submit the proper application and income disclosure to be
eligible for this rate.
.
b. Meter Charges: A charge for a water meter shall be made by the City. Property
owners or users shall pay in advance before delivery of the water meter for installation.
Said charge shall be as established by the City Council by resolution.
c. Water Turn On: The established turn-on fee will be charged for turning on water
where service has been shut off for nonpayment of water billings, failure to repair a
leak, discontinuance of service, or other reason specified in this Chapter.
d. Estimated and Adjusted Rates:
(1) In the event the water meter servicing any property is found to be operating
in a faulty manner or to have become inoperative, the amount of water will be
estimated in accordance with the amount previously used in comparable periods of the
year.
.
(2) The City Council shall be authorized to make adjustments in water charges
when the amount billed is erroneous due to a meter deficiency or other mistake.
e. Rates Outside City Limits: Rates due and payable by each water user located beyond
the territorial boundaries of the City shall be determined by special contract.
Subd. 2. Listing of Accounts: All accounts shall be kept on the books of the City in the name
of the owner of the property served. All bills and notices sent out by the City shall be
sent to the address of the property served. If nonresident owners or agents desire
personal notice sent to a different address, they shall file an application therefor with
the City. Any error in address shall be promptly reported to the City.
Subd. 3. Bills for Services, Delinquencies, Discontinuance, Tax Assessments:
a. Billing: Statements for charges for water service for a quarterly period shall be
mailed to each property owner or user on or before the tenth day and shall be due and
payable on or before the last day of the months of January, April, July and October
following the quarterly period covered by the statement.
-8.
b. Delinquencies: After the last day of the month in which payment is due, a penalty of
ten percent (10%) of the unpaid account balance will be assessed and added to the
amount due on the account. If the balance due on the account is not paid in full within
forty five (45) days of the day on which the account became due, a notice shall be sent
to the property owner or user informing the property owner or user that the account is
delinquent and that unless the account balance, is paid in full within fifteen (15) days,
the water will be shut off and the prescribed shut-off fee will be assessed.
c. Discontinuance of Service: If the property owner or user does not respond to the
notice given above, prior to the date indicated in the notice, and the statement remains
unpaid, the water shall be shut off at the curb stop. Prior to the water being turned back
on again, the property owner or user shall be required to pay all delinquent charges,
plus penalties and shut-off fees, and the prescribed turn-on fee.
d. Appeals to Discontinuance of Service: The property owner or user may appeal the .
notice to the City Council during the fifteen (15) day period set forth in Subd. 3(b).
Water service shall continue to the appealing property owner or user pending the
decision of the Council on the appeal. Upon the determination of the Council, the
water may be shut off pursuant to Subd. 3( c) as set forth above.
e. Tax Assessments: All delinquent accounts may be certified by the Clerk who shall
prepare an assessment roll each year providing for assessment of the delinquent
accounts against the respective property served. This assessment roll shall be delivered
to the City Council for adoption on or before October 10 of each year and upon
approval thereof, the Clerk shall certify to the County Auditor the amount due, plus a
certification fee as established by resolution of the City Council, and the County
Auditor shall thereupon enter such amount as part of the tax levy on such premises to
be collected during the ensuing year. Such action may be optional or subsequent to
taking legal action to collect delinquent accounts.
.
903.10: WATER CONNECTIONS SERVED BY ADJACENT
MUNICIPALITIES: The City Council has heretofore and will in the future
enter into contracts with adjacent municipalities to provide water service to properties located
within the City. All permits to be issued under this Chapter shall comply with the terms of
such agreements. In instances where the cost of the water hook-up from the supplying city is
included in full or in part as a quarterly charge, then such shall be added to the billing for the
minimum quarterly water charge to be paid by the recipient.
903.11: AUTHORIZED WATER SHUT OFFS: In case of fire or alarm of fire, water
may be shut off to insure a supply for the fire fighting; or in making repairs or
construction of new works, water may be shut off at any time and kept shut off as long as
necessary.
903.12:
CONSERVATION MEASURES: Whenever the City Council shall
-9-
determine
that a shortage of water supply threatens the City, it may, by resolution, limit
the time and hours during which water may be used from the water system for lawn and
garden sprinkling, irrigation, car washing and other uses specified therein. Appropriate notice
of such limitation shall be given prior to the enforcement thereof.
903.13: RESTRICTED AND PROHIBITED ACTS:
Subd. 1. Unauthorized Turn On or Shut Off: No person, except an authorized City employee
or agent, shall turn on or off any water supply at the curb stop. A turn-on or shut-off
fee in an amount equivalent to twice the prescribed fee shall be charged for the
unauthorized turn on or shut off of any connection to the Municipal water system.
.
Subd. 2. Unauthorized Use of Hydrants, Interference With System: No person, other than
employees or agents of the City, shall operate fire hydrants or interfere in any way with
the water system.
Subd. 3. Supplying Water to Others: No person shall permit water from the water system to
be used for any purpose except upon his own premises unless written consent is first
obtained from the City.
903.14:
DISCONTINUANCE OF SERVICE: Water service may be shut off at any
curb stop connection whenever:
Subd. 1. The owner or occupant of the premises served, or any person working on any pipes
or equipment thereon which are connected with the water system, has violated,
threatens to violate or causes to be violated, any of the provisions of this Chapter.
.
Subd. 2. Any charge for water, service, meter or other financial obligation imposed on the
present or former owner or occupant of the premises served is unpaid.
Subd. 3. Fraud or misrepresentation by the owner or occupant of the premises served in
connection with an application for service.
903.15: MANDATORY HOOK UP, COMMERCIAL ANDMULTIPLE-FAMILY
RESIDENTIAL USERS The
owner of a property used for commercial purposes or for multiple-family residential purposes,
involving four (4) or more dwelling units, situated within the City and abutting on any street,
alley or right-of-way in which there is located a municipal water trunk or lateral facility, is
hereby required at his expense to connect to such facility in accordance with the provisions of
this Chapter within ninet 90 da s after the date of official written notice b the Ci
Council to so connect.
-10-
903.16: RIGHT OF ENTRY POWERS: Authorized City employees shall have free
access at reasonable hours of the day to all parts of every building and premises
connected to the water system necessary for reading of meters and inspection. City employees
shall be properly identified and shall display such identification upon seeking admittance to
the building.
903.17: DISCLAIMER OF LIABILITY: The City shall not be liable for any
deficiency or failure in the supply of water to property owners or users, whether
occasioned by shutting the water off for the purpose of making repairs or connections, or from
any other cause whatever.
.
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-11-
.
.
.
Subd. 3. Deferred Assessments:
a. The City Council may defer special assessments: On homestead property owned
by a person who qualifies under the hardship criteria set forth below.
.
b. Procedure: The property owner shall make application for deferred payment of
special assessments on a form prescribed by the Hennepin County Auditor and
supplemented by the Shorewood City Administrator. The application shall be made
within 30 days after the adoption of the assessment roll by the City Council and shall
be renewed each year upon the filing of a similar application no later than September
30. The City Administrator shall establish a case number for each application; review
the application for complete information and details and make a recommendation to
the City Council to either approve or disapprove the application for deferment. The
City Council by majority vote, shall either grant or deny the deferment and if the
deferment is granted, the City Council may require the payment of interest due each
year. Renewal applications will be approved by the City Administrator for those cases
whereby the original conditions for qualifications remain substantially unchanged.
If the City Council grants the deferment, the City Administrator shall notify the
County Auditor who shall in accordance with Minnesota Statutes, Section 435.194,
-13-
record a notice of the deferment with the County Recorder setting forth the amount of
assessment.
Interest shall be charged on any assessment deferred pursuant to this Section at a rate
equal to the rate charged on other assessments for the particular public improvement
projects the assessment is financing. lfthe City Council grants an assessment deferral
to an applicant, the interest may also be deferred, or the interest may be due and
payable on a yearly basis up until the assessment period terminates and only the
principal is deferred. The decision as to whether the principal and interest or just the
principal is deferred is decided by the City Council when considering the application.
Conditions of Hardship:
.
a. Any applicant must be 65 years of age, or older, or retired by reason of permanent
and/or total disability and must own a legal or equitable interest in the property
applied for which must be the homestead of the applicant, or
b. The annual gross income of the applicant shall not be in excess of the very low
income limits (50% of median) asset forth by family size in Hennepin County's
Section Eight guidelines. Calculation of the total family income shall be determined
by the summation of all available income sources ofthe applicant and spouse.
Income specified in the application should be the income of the year proceeding the
year in which the application is made, or the average income of the three years prior
to the year in which the application is made, whichever is less, and
c. Permanent and/or total disability shall be determined by using the criteria
established for "permanent and total disability" for Workman's Compensation, to wit:
.
(1) The total and permanent loss of the sight of both eyes.
(2) The loss of both arms at the shoulder.
(3) The loss of both legs so close to the hips that no effective artificial
members can be used.
(4) Complete and permanent paralysis.
(5) Total and permanent loss of mental faculties.
(6) Any other injury which totally incapacitates the owner from working at an
occupation which brings himlher an income.
An applicant must substantiate the retirement by reason of permanent and/or total
disability by providing a sworn affidavit by a licensed medical doctor attesting that the
applicant is unable to be gainfully employed because of a permanent and/or total
disability.
-14-
Subd. 4. Policies: The City Council shall establish and may from time to time modify
policies pertaining for the fair, equitable and consistent allocation of the cost of water
improvements. Such policies may relate to factors for determining economic
feasibility, fees and charges for connecting to the system and such additional matters
as the Council shall determine appropriate in its reasonable discretion.
903.19:
VIOLATION: Any person violating any provision of this Chapter shall be
guilty of a misdemeanor.
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.
~
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CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236
FAX (952) 474-0128. www.cLshorewood.mn.us. cityhall@cLshorewood.mn.us
MEMORANDUM
.
TO:
Mayor and City Council
FROM:
Brad Nielsen
DATE:
10 July 2003
RE:
Enchanted Point - Conveyance of City Property
FILE NO.
Streets (Enchanted Point)
.
Last month the Council approved a public hearing dateto consider a request by Bill
Zucco to trade excess City property adjoining Enchanted Point for needed public
right-of-way. The public hearing notice was not completed in time to make Monday
night's meeting. Consequently, staff is suggesting a new hearing date of28 July.
Cc: Craig Dawson
Tim Keane
Larry Brown
Bill Zucco
ft
~.1 PRINTED ON RECYCLED PAPER
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CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236
FAX (952) 474-0128. www.cLshorewood.mn.us. cityhall@cLshorewood.mn.us
MEMORANDUM
TO:
Mayor and City Council
Craig Dawson, City Administrator
FROM:
Larry Brown, Director of Public Works
1ft
.
DATE:
July 10,2003
RE: Authorization to Enter Into a Contract With Safe Assure Consultants
The Occupational Safety and Health Association (OSHA) mandates safety training for all employees.
Each year employees must be certified in the following items.
. Employee Right to Know
. Blood Borne Pathogens
. Emergency Action Plan
Beyond this training, Public Works Personnel are also to be certified annually in the following areas:
. . AWAIR . Equipment Lockout/Tagout
. Confined Space Entry/Rescue . Hearing Conservation
. Personal Protective Equipment . Respirators
. Trench Safety . Chainsaw Operations
. ForkliftlSkidsteer Certification . Defensive Driving
Safe Assure Inc. has provided these services as a joint project with 11 other lake area communities.
The ability to train with other municipalities provides the opportunity to train at a cost of
approximately one tenth the cost of other programs.
This year, Safe Assure is also providing an option for an automated Material Data Safety Sheet
program. OSHA mandates that every material that an employee comes in contact with must have a
Material Data Safety Sheet (MSDS) that outlines health risks, protective equipment to be utilized, and
chemical reaction data. Attachment 1 is a sample of an MSDS sheet. This mandate, not only applies to
chemicals, but to everyday items such as bolts, wood, and asphalt. The job of keeping MSDS sheets
current for every product that is received is an ominous task, at best.
ft
'..1 PRINTEO ON RECYCLED PAPER
#3E.
Mayor and City Council
Proposal Safe Assure Consultants
July 10, 2003
Page 2 of 2
#
Safe Assure's proposal includes a $300 option for preparation and ongoing maintenance of an MSDS
database. Safe Assure will not only keep MSDS files current, but will also provide consultation to any
employee(s) about material data, protective equipment and health risks, and will respond to emergency
inquiries. Staff is recommending approval of this option.
Recommendation
Staff is recommending approval of the proposal provided by Safe Assure Consultants for safety
services in the amount of $2,770.
.
.
Kar Products - 461 N. Third Ave. - DesPlaines,IL 60016
KarNumber: 76516 Source: 0269
Description: Gold-Cut Cut-Off Wheel
..
.2 Bhtder system
OSHA ACCm
PEL TLV CARCINOGEN
CAS NO. ""813 mllm3 YIN
CODlDlOD Dame Cbemkal Dame
Resin Phenol...ibrmaldehydo 9003.35-4 15
(PNOR.)
Lime Ca1ci1Im oxide 1305-78-8 5
Black Carbon 1333-86-4 3.5 3.5
IronOxido 1309-37...1 10
T.....andloxido 1~7.7 15
Wax Patdb wax 8002.'....2 2
&'
RoiDforciag
Fiberglass
Fabricmcsh Amorphous
65997...17.3 IS to
Seetioa3.0 PHYSICAL CHARACTERISTICS
3.1 Boilingpoint
3.2 VaporPressure
3.3 Vapor dep.sity
3.4 Specifio sravity
..1.580.. t\tbU. ity. inwatcr
~.6 Melting point
3.7 Bwporation rate
3.aAppearallco & odor
10 N
2 N . Carbon
N
S N
10 N
2 N
N
N/A
N1A
N1A
Greater than 1
Insoluble
N/A
N1A
Formed solid with little or ,no odor. Some odor may be
produced in use.
SeetloR 4.0 FIRE AND EXPLOSION HAZARD
4.1 Flash point N/A
4.2 Flammable limits N/A
4.3 Extinguishing media 'N/A
4.4 Fire fighting procedures NI A
4.5 Unusual fire &: explosion hazards None
Kar Products - 461 N. Third Ave. - DesPlaines,JL 60016
KarNumber: 76516 Source: 0269
Description: Gold-Cut Cut-Off Wheel
,
Catelory 1
~etloD 5.0 REACTIVITY DATE
5.1 Stability Fully stable
5.1 Condition to avoid None
5.3 Materials to avoid StroDa acids
5.4 Hazardous decomposition or by-prOducts
Tbisproduct will not decompose. Dusts are generated while in use, which will consist of
dep.dation proclucts ftom thewheeladffom thoworkptece.
SeetloD6.0 IlEAL m.1MZARD DATE
6.1 Routes ofcntry:
Tho principal routes ofeatly are InhalAtion, insestion. eyes. and skbl.
6.2 Inhalation:
.
Replaroxposuro to piadinadusts maycauserospkatory P'Oble~. mtloousmembl'ain
irritation, ora88J8V&te pre-existlaaconclitkms. ProIoapd oxposuroto fluorides may cause
skeletal or denial tlurosis. ProlonpdexpoSlll'e to silica may causosilicosl. or ClDCCI' but no
reports. of definitive test resq1ts showinl that these health problems have been causccl by
grindingwbcel dusts have beeJt.tbund.
6.3 Ingestion
Insestion is unlikely and is not recommended. but no adverso affects are known.
6.4 Bye contact
Dusts may irritate the eyes. If irritation occurs. flush the eyes with water and obtain medical
attention.
.
6.5 Skin contact
Prolonged dust exposure may cause skin irritatioa. Iftbis occurs. wash with soap and water
and obtain medical dention.
....~ctloD 7.0 HANDLING PROCEDURES
7.1 Handle and store with care to prevent breakage or crushing
7.2 If dropped or spilled. inspect carefully to detect and remove cracked or broken pieces.
Kar Products- 461 N. Third Ave. - DesPlaines,IL 60016
Kar Number: 76516 Source: 0269
Description: Gold-Cut Cut-Off Wheel
,
- 1 Clean up usmlnormal housekeeping methods
7.4 Dispose of broken items and pieces to tho applicable landfill in conformance with state or
loca1rep1atJons.
SeedoDS.O CONTROL MEASURES
8.1 V ODtilation
Use in a weUventilatedarca. Additional local exhausts are recommendodto keep
dust collCOldratioasbelow thepermilllble.levels.
..~
NIOSHapprovod respjraton _y "required in some area.
&3 Protective clothialaad equipment
GogIos or safety slassos withsido shields arc recommended. Long sleovedshirts should be
womdarilllariDdiDg. Aprou,6lc:eabieldaaftd gl0Ye8maybe were a.desired.
Seetlo. 9.0 SPECIAL PRECAUTIONS
9.1 Avoid breatbinS grindinl dusl
4i Avoid skin and eye contact with grinding dust
,.3 Wear ear plup or muffs while grinding.
9.4 . Refer to ANSI B1.1 for aditional precautions relative to handling, storage, and safe use of abrasive
wheels.
CITY OF SHOREWOOD
PLANNING COMMISSION MEETING
TUESDAY, 6 MAY 2003
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
7:00 P.M.
MINUTES
CALL TO ORDER
Chair Bailey called the meeting to order at 7:08 P.M.
ROLL CALL
Present:
Chair Bailey; Commissioners Gagne, Borkon, White, Pisula, and Woodruff; Planning
Director Nielsen and Council Liaison Lizee
Absent:
Commissioner Packard
.
APPROVAL OF MINUTES
. April 15, 2003
Gagne moved, Pisula seconded, Approving the April 15, 2003 Planning Commission Minutes as
presented. Motion passed 6/0.
1. 7:00 P.M. PUBLIC HEARING - SETBACK VARIANCE
Applicant: John O'Donnell
Location: 27100 Edgewood Road
Chair Bailey opened the Public Hearing at 7:08 P.M., noting the procedures utilized in a Public Hearing
and reviewing the criteria for granting variances.
.
Nielsen reported that the applicant, Mr. John O'Donnell had requested variances to enlarge his home and
build a new garage at 27100 Edgewood Road. The property is located in the R-1A1S, Single Family
Residential/Shoreland zoning district and contains only 12,141 square feet of area.
As explained in his request letter, Mr. O'Donnell proposes to raise the existing home approximately seven
feet, converting what is currently crawl space into habitable space. He also proposes to demolish the
existing detached garage and attach a new garage to the home, adding a second level above the new
garage. Nielsen noted that access to the new garage would necessitate extending the driveway
approximately 36 feet further into the lot.
Nielsen pointed out that the subject property is substantially nonconforming with several of the R-1NS
zoning requirements. As mentioned above, the lot area is only 12,141 square feet, whereas 40,000 is
required. The lot is only 40 feet wide instead of the 100 feet required by the Zoning Code. The side yard
setbacks for the R-1A1S zoning district are a total of 30 feet with no one side being less than 10 feet. At
present the existing home is less than one foot from the west property line and three feet from the east lot
line (not including a small deck on that side of the house. Nielsen explained that the impervious surface
on the property amounts to 41 percent, while 25 percent is the maximum allowed in the Shoreland overlay
district.
Nielsen stated that it was worth noting that the previous owner of the home was granted two variances in
1986 to build the existing two-car garage and to add a second level to the house.
.
I
,
Planning Commission Meeting
May 6, 2003
Page 2 of 13
With regard to issues and analysis, Nielsen stated that most zoning ordinances contain provisions that
address nonconforming structures. These are structures that were built before current regulations were in
place. Shorewood's original zoning requirements simply prohibited the expansion of nonconforming
structures, for example, they were not allowed to be expanded or extended in any fashion. In the mid
80's, the City relaxed these provisions for single-family dwellings. Nonconforming, single-family
dwellings were allowed to be enlarged or extended, provided that the new construction complied with
zoning requirements. This included upward expansion as well as outward expansion.
Nielsen maintained that the applicant's request involved expansion of the nonconformity of the property
in several ways. The entire house would be raised approximately seven feet to accommodate a new third
level of living space. Which, Nielsen explained, brings up the question of floor elevation. If the addition
of the raised lower level extends from the ground over 6', it would be considered a full third story of
living space, thus requiring another variance to the 2 Yz story height restriction.
.
In addition, in order to accommodate the proposed expansion of the home, the applicant has requested
variances from the requirements of the Zoning Code. Specifically, the new garage and the second story
above it require a variance of 15.2 feet on the east side of the lot. Instead of a total side yard setback of
30 feet, the total will be 14.8 feet.
Although the drainage issue deserves some discussion, Nielsen pointed out that this issue was not raised
in the previous request. Both the Building Official and the City Engineer have looked at this property and
agree that the problem is more of a landscaping issue at best, an engineering problem at worst. Without
addressing it as such, relocating the garage may simply relocate the problem area as well, either on the
applicant's property, or to someone else's. Drainage is not considered justification for increasing the
nonconformity ofthis property. If drainage is to be considered a factor in this request, it is recommended
that the applicant have the property examined by a professional civil engineer who could discuss
alternatives for resolving the problem.
.
Nielsen continued that, while the applicant indicated that impervious surface on the site will be reduced,
despite the lengthening of the driveway and the construction of the new garage, this does not appear to be
the case. The hardcover calculations prepared for the original survey do not appear to reflect the
proposed site plan. It is recommended that a very detailed breakdown of hardcover be prepared by the
applicant's consultant. For example, our review of the survey suggests that there is closer to 40 square
feet of retaining wall area, not the 400 square feet suggested by the surveyor.
Before the applicant was directed to elaborate on his plans, Nielsen urged the Commission to give serious
consideration to the issue of reasonable use. While it is not unreasonable to want 3200 square feet of
living space, not all lots can accommodate that much house. It is just as reasonable to expect that a house
of that size be place on a proportionately sized lot. The Planning Commission has stated in the past that
there is such a thing as a lot being full. Nielsen maintained that this would appear to be such a case.
Mr. 0 'Donnell approached the podium stating that while the central issue is his reasonable use, he wished
to focus on other parts of the application to begin with. He believed the assumption of the 'lot being full'
was an arbitrary and subjective supposition. He maintained that ifhe were to use a ratio of 30% floor to
lot calculations, he would be maintaining his coverage at 22%. With regard to the 1986 discussion of 'no
further expansion' permitted on the parcel, O'Donnell questioned why this language was not incorporated
into the resolution if that was the intent at that time.
O'Donnell argued that the narrowness of the lot itself was the true hardship, and by definition this meets
the State Statute hardship classification, since this is unique to the property. He believed the narrowness
was sufficient hardship to warrant approval of his application. He did not feel it was necessary to go to the
....
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Planning Commission Meeting
May 6, 2003
Page 3 of 13
additional expense of consulting a civil engineer and maintained that his proposal reduced, or at least
sustained, hardcover levels.
With regard to the objections posed by Mrs. Lovrien and her attorneys, O'Donnell maintained that his
home was not out of character of its locality nor would it obstruct neighboring views of the lake. He
stated that the majority of his neighbors support his request and have signed a petition to that affect. He
indicated that his wish to provide maximum living space for his family would not cause unreasonable
interference to Mrs. Lovrien enjoyment of her property.
George Lovrien, son and representative of Mrs. Lovrien, stated that her 20' parcel of the lake is very
important to her and that they do not wish to see the O'Donnell's infringing on her reasonable use. He
indicated that, currently, it is almost impossible to walk around the O'Donnell home without trespassing
or stepping on adjacent properties. It was their belief that the proposed home was just too much house for
the narrow lot and would be an even larger presence 4.8' from the property line. Mr. Lovrien felt the
construction alone would damage the surrounding areas due to the proximity of adjacent properties.
.
Mark Nesset, Architect for the 0 'Donnell's, stated that raising the roof would not require any additional
excavation. Since crawl space exists, additional wall space would be added to raise the height of the lower
level. He pointed out that others in the area could do the same and the trend in Lake Minnetonka is to
build up and, potentially, out, similar to homes in Mound. By attaching the garage, he believed the
impact of the total residence is decreased. In addition, the use of stone around the lower level would
create the illusion of a smaller scale cottage.
Dave Layton, 27150 Edgewood Road, adjacent neighbor to the Nelson's, stated that, while they are
fortunate to have a larger lot for the neighborhood, the variety of homes varies. With regard to the issue
of hardship, he questioned if Mrs. Lovrien was really being hurt by this development. In fact, he argued
that he and the Nelson's believed the improvement would benefit their properties as well. He felt these
issues would continue to come up as Shorewood lakeshore is redeveloped and asked what could be done
to reasonably consider O'Donnell's request.
.
Paul Nelson, 27120 Edgewood Road., voiced his support for the project and desire to keep good
neighbors in Shorewood. Having worked in commercial construction, Mr. Nelson believed there was
much that could be done to limit the impacts on neighbors during construction.
Kelly Snodgrass, 27135 Edgewood Road, pointed out that the project would vastly improve the aesthetics
of the home and reminded the Commission that many of the homes in the area would be redone in
upcoming years. She rej ected Mrs. Lovrien' s concern of interference with her reasonable use.
Mr. O'Donnell added that, based on recent approvals he'd obtained on similar properties across the
community, he believed that his hardcover figures were in line with those he'd compared.
Nesset pointed out that Mound allows residents up to 40% hardcover allowances.
Mrs. O'Donnell explained that the road elevation is higher than at the lake; therefore, the sight elevations
for Mrs. Lovrien would be higher.
Mike Newberg, 26045 Birch Bluff Road, indicated that neighbors are never happy to see construction or
progress moving in next door, however, City's do grow. He believed, in this area oflake cabins, the City
may be forced to give a little bit.
Chair Bailey closed the Public Testimony at 7:48 P.M.
~.
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.
.
Planning Commission Meeting
May 6, 2003
Page 4 of 13
White asked why the language stating that no additional variances be granted this property did not make it
into the resolution.
Nielsen stated that this type of language cannot be included in the resolution, since it is the right of any
resident to make an application. Also, Nielsen indicated that it would be difficult to tie the hands of future
City Councils in this way.
Gagne stated that, in 1986, the City went thru this process with the applicant and made the house usable,
which it has continued to be since that date. He agreed that it was difficult to traverse around the
applicant's property without stepping on neighboring properties. He could not support the application and
felt it would make the situation worse. He likened the request to putting' 50 pounds in a 10 pound bag'.
Gagne added that, Mound, and other lakes communities, have different building requirements, and
pointed out the monstrosity Tonka Bay had allowed to be built along County Road 19 which is built lot
line to lot line.
Woodruff asked if the address file reflected any restrictions on the property when the applicants
purchased it in 1995.
Mr. O'Donnell indicated that the title search had been clean.
Pisula stated that if the issue is of reasonable use, to him, an 1800 s.f. home is reasonable for this parcel.
While the Commission recognizes that there will be continuing expansion in the Shoreland district, Pisula
stated that it is their job to take into consideration the size of the lot. He indicated that Shorewood does
not support building homes lot line to lot line. Pisula pointed out that, while the applicant's family
situation had changed since they first purchased the property, the home has been put to reasonable use for
many years. He agreed with Gagne, and could not support the application.
Chair Bailey questioned the accuracy of the impervious surface figures.
Nielsen indicated that the impervious surface calculation from the survey was 41 %, while he had trouble
fmding the 400 s.f. of retaining wall the applicant referred to in the existing hardcover calculations he
provided.
Chair Bailey asked what the impact of the proposed height would have on the application.
Although he had not been supplied with floor elevations, Nielsen stated that ifthe lower level protruded
6' above ground level it would be considered a full story.
Chair Bailey further commented that it was a new argument to him, that an applicant could consider the
undeveloped unbuildable parcel to the east as a buffer to meet one's own open space requirement.
Nielsen stated that an applicant can not use someone else's land for consideration as part of their
application to meet their own open space requirement. In addition, Nielsen questioned whether the 20'
parcel would remain that way indefinitely. Although unbuildable as it stands, the parcel could be legally
combined at a later date.
Chair Bailey felt the reasonable use hardship did not adequately support the application. While the fact
remains that the applicant would like more space, it does not mean this home cannot be put to reasonable
use. He was not comfortable that bigger families should warrant bigger spaces or buildings. Bailey could
not support the variance requests.
Woodruff concurred.
.t.
Planning Commission Meeting
,J. May 6,2003
Page 5 of13
Borkon moved, Gagne seconded, recommending denial of the setback variance request to enlarge
the home and build a new garage at 27100 Edgewood Road. Motion passed 6/0.
2. 7:10 P.M. PUBLIC HEARING - C.U.P FOR ACCESSORY SPACE OVER 1200 S.F.
Applicant: Mark and Kim Welty
Location: 5330 Howard's Point Road
Chair Bailey opened the Public Hearing at 8:00 P.M., reiterating the procedures utilized in a Public
Hearing.
Since the following three applications were all requests for CUP's for Accessory Space over 1200 sJ.,
Nielsen reviewed the criteria for Conditional Use Permits for Accessory Space over 1200 s.f. one time.
.
Section 1201.03 Subd. 2.d.(4) of the Zoning Code describes four criteria for granting conditional
use permits for accessory space over 1200 square feet:
a. The total area of accessory buildings does not exceed the floor area above grade of the existing
home.
b. The total area of accessory buildings does not exceed 10 percent of the minimum lot size for the
zoning district
c. The proposed accessory space complies with zoning setback requirements.
d. The architectural character of the new building will be the same as the existing house. Siding and
roofing will match the house.
The criteria being said, Nielsen explained that the applicant, Mr. Mark Welty had applied for a
conditional use permit to construct accessory space in excess of 1200 square feet on the property located
at 5330 Howard's Point Road. Mr. Welty proposes to build a new detached garage to the north of the
house. Since the area of the garage, combined with an existing attached garage on the property exceeds
1200 square feet, a C.U.P. is required.
.
The property is zoned R-1NS, Single-Family Residential/Shoreland and contains 67,801 square feet in
area. Nielsen pointed out that the site is occupied by the owner's home and attached garage, and a small
10' x 12' shed which would need to be moved to a conforming location. The new garage contains 1290
square feet. Combined with the existing garage, the amount of accessory space on the site will total 1839
square feet. The proposed garage will be on the north side of the existing home, 48-53 feet from the side
lot line, approximately 65 feet from Lake Minnetonka, and 200 feet back from Howard's Point Road.
Nielsen reported that the proposed accessory use meets the four criteria as follows:
a. The total area of accessory buildings (1839 square feet) does not exceed the floor area (3700
square feet - main floor) above grade of the existing home.
b. The total area of accessory buildings does not exceed 10 percent of the minimum: lot size for the
R-lNS zoning district (.10 x 40,000 = 4000 square feet).
c. The proposed garage complies with R-1NS setback requirements. Despite the size of the
proposed structure, it is relatively hidden from adjoining properties. A large hill and existing
vegetation buffer the new building from its nearest neighbor to the north.
Nielsen felt it was worth noting that the proposed hardcover for the site would be 24.99 percent,
including the shed, the maximum allowed in the "S", Shoreland overlay district.
d. The architectural character of the new building will be the same as the existing house. Siding and
FilE COpy
o ,j . \,l,lf
As Brad Nielson concluded in the recommendation of staff report, the primary issue with
regard to my request is whether or not the proposed changes constitute "reasonable use".
I believe they do, and I will elaborate on my reasoning in support of that belief in a few
minutes.
Before turning to the central question of Reasonable Use, I would first like to respond to
some of the comments contained in the staff report, and those submitted by Mrs. Lovrien
and her attorney, Mr. Mark Kelly.
.
Brad's recommendation states that there is such a thing as a "lot being full", and that this
is one such case. This conclusion seems rather arbitrary. How does one measure the
relative "fullness" of a lot? The only codified measurement I can find in the Shorewood
Zoning Ordinance is the maximum ratio of floor area of all structures to lot area. For
non-conforming lots, the maximum is set at 30%. By maintaining the footprint of the
existing house and garage in my proposal, I maintain the 22% ratio cited in the Staff
Report dated the August 28, 1986, still below the city requirements. Based on this
criterion, I would argue that the lot is not full.
In his staff report for the original Bergstrand variance request, Brad recommended that
the City Council resolution approving the original variance should contain language
stipulating that no further expansion of the structure should be allowed. It should be
noted City of Shorewood Resolution number 103-86 contains no such restriction,
suggesting that the Planning Commission and City Council rejected Brad's
recommendation, and leaving the door open for future expansion.
Given the position of the proposed structure on the lot and the relative position to
adj acent structures, there is ample room to accommodate the proposed design. The scale
of the structure is appropriate for the size of the lot and the surrounding community.
.
In support of my hardship case, Brad points out that some of the arguments used to
support my request are the same as those used in support of the variances granted in
1986. The City of Shore wood has acknowledged the undue hardship represented by the
narrowness of the lot in the staff report prepared in August of 1986. The report points out
that narrowness was one of the criteria specifically cited for consideration of a variance
by the state of Minnesota. The dimensions of the lot have not changed. The arguments
are still valid and the undue hardship still exists with regard to the narrowness of the lot.
Contrary to the assertions of Mr. Kelly, the hardship is due to circumstance unique to the
property, not of my creation, and the City has already found that the narrowness does
satisfy the state statutes of undue hardship.
Brad indicates that drainage is not a consideration for increasing the non-conformity of
the property. I believe that the hardship represented by the narrowness of the lot has
already been established and is sufficient for justifying the approval of the requested
variances. As such, I would ask that I not be burdened with the cost of an engineering
study to provide additional justification unless it is absolutely necessary to my case.
K.Qc..c2~"C"~J fro"",," ~v....^ -r::;"j'.e.&-",- (frolV\. D'Do....r"~ \\)
6' ~yo.~ t \ re~J + h~ ~ ~t -t-h<R- fvb. ~~.
:H- 8.A.
The comments regarding the discrepancies in the survey and hardcover calculations are
valid. After reviewing the staff report late Friday, I immediately called Jim Parker of
Advanced Survey and asked him to make the necessary additions and corrections to
prove my claim that the current level of ground cover will be maintained or reduced.
Focusing now on the comments offered by Mrs. Lovrien and her attorney, I find the
characterization of the proposal as "altering the character of the immediate locality"
particularly specious. If Mrs. Lovrien was so concerned about altering the character of
the community, she would have refrained from subdividing her lot to allow for the
development of Heritage. I cannot think of a more drastic alteration to the character of
the immediate locality than that development. Mr. Kelly refers to my plan creating a
"towering, imposing structure" which ironically, is the precise nature of Heritage. The
duplicity of Mrs. Lovrien's argument seems obvious.
.
One other point regarding the "character of the immediate locality", the area we live in is
very diverse, ranging from multi-million dollar mansions to cabins that are rented out. I
have taken photos of several homes in the 500 foot radius used for the mailing list. You
can see from the photos that it is common in the neighborhood for properties to have
three levels of living space, which is what I am attempting to do by raising my existing
house.
.
In his letter, Mr. Kelly states that the variance request constitutes an "unnecessary
encroachment on the reasonable code required side yard set back", the key word here
being reasonable. Brad stated in the May 28, 1986 staff report for the Schultz variance
request that "the increased side yard setback attempts to change the character that has
already been established, contrary to the City's expressed intent of adjusting zoning to
reflect existing development". He also urges that the City contemplate changes to the
side yard setback requirements for lakeshore lots, going as far suggesting that a 10 foot
setback would be adequate for existing construction and lots of record. It is interesting to
note that at the time, the city had just instituted the 20 foot side yard set back. Brad
offered that the new requirements would be "extremely difficult to enforce" for lakeshore
property.
Under the current Shorewood code only 6 feet of my property could be built on without a
variance. In the case of my non-conforming lot, the code required side yard set back
requirement does not provide for reasonable use and therefore necessitates the
encroachment.
Furthermore, the intent of the side yard set back requirement is to prevent houses from
being too close together and to preserve open space. The mere existence of the Mrs.
Lovrien's 20-foot wide parcel adjacent to my land accomplishes the intent of the side
yard set back, and this primary peculiarity of my property was recognized by the City as
fulfilling the intent of the zoning requirement in the both the staff report dated August 28,
1986 and in resolution 103-86. The parcel still serves the same purpose.
In stating that there remains a reasonable use of the property, Mr. Kelly he implies that
the current configuration is the only reasonable use or alternately that my proposal is
unreasonable. I will demonstrate shortly that the proposed changes meet the standard of
reasonable use.
.
With regard to Mrs. Lovrien's concerns about trespassing, 4.8 feet is more than ample
room to traverse from the road side of my house to the lake without using her property if
it were necessary. Furthermore, the necessity of using the side yard to access the front
yard will be reduced because the proposed configuration actually directs people away
from the eastern lot line, and toward the entrance to the home. A more detailed review
of the plans for the construction shows that the door and walkway on the eastern side of
the house (which Mrs. Lovrien points out are not shown on the site plan) have been
eliminated by the proposed project. The reconfigured floor plan encourages the flow of
traffic through the house, which is not the case in the current residence. The proposed
configuration actually decreases the likelihood that we would inadvertently trespass on
her property.
Mrs. Lovrien's final concern relates to the impact the proposed changes will have on her
view of the lake. Mrs. Lovrien's view will be impacted minimally, if at all, by the raising
of the house. I have had an architectural rendering prepared to demonstrate the specific
impact to Mrs. Lovrien's view. Based on that rendering, her concerns are unfounded. .
As I stated in my application, sight lines from the road to the lake will actually be
improved by moving my garage closer to the lake. I hope that when weighing the
concerns of one neighbor vs. those of the broader community, the planning commission
will recognize the improved sight lines to the lake from the road will offset the
insignificant decrease in Mrs. Lovrien' view.
.
Wrapping up my response to the comments provided thus far, I would like to reiterate
that the vast majority of neighbors with whom I spoke about the plans were supportive,
and documented their support by signing a petition encouraging the approval of the
required variances. I appreciate those who took the time from their busy scheduled to
show up here tonight and would like to thank them for their support.
Returning to the central matter raised by Brad's report, the issue of reasonable use must
be addressed. Reasonable use is defmed as: a use of one's property or of water that is for
a suitable and beneficial purpose and that does not lead to unreasonable interference with
another's use of property or with the natural flow of water.
The proposed design represents the highest and best use of my property, while respecting
the limits represented by the current floor area to lot area ratio on the property. The
improvements contemplated are beneficial both to me, and to the immediate locality, by
improving both the aesthetic appeal and value of my property. I am simply maximizing
the living space for my family within those constraints. The result of the project will be a
dwelling that is consistent with the character of the neighborhood and one that is more
suitable to the needs of my family. Simply put, the proposed plan meets the requirements
for suitable and beneficial purpose.
The final question to be addressed in order to satisfy the definition of reasonable use is:
does my proposal represent unreasonable interference with another's use of the property?
Brad has not claimed in his report that any component of my plan creates unreasonable
interference. The only claims Mrs. Lovrien has made with regard to unreasonable
interference with her use of her property is her visual enjoyment of the lake and the
looming threat of trespassing. I have previously addressed her concern related to her
view of the lake, and remain convinced that her view will be substantially unaltered.
There is absolutely no impediment to her access and egress to the lake created by my
project and isolated instances of someone occasionally stepping on her property fails to
meet the standard of unreasonable interference with her use of her parcel.
Based on these facts, the proposed project meets the key definitional requirements of
"reasonable use" and I hope the Planning Commission will find as such.
.
In closing, I respectfully request that Planning Commission recommend in favor of the
requested setback variances as I have proven hardship as required by state statures due to
the excessive narrowness of my lot, supported by official findings of the City of
Shorewood and have satisfied the legal definition of reasonable use. Thank. you for your
consideration
.
q~q~
Attorney at Law
(952) 474-2100
17736 Excelsior Boulevard
Minnelonka, MN 55345
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July 8, 2003
Mayor and City Council
City of Shorewood
5755 Country Club Road
Shorewood, MN 55331
. Re: Variance Appliance Application of John O'Donnell
27100 Edgewood Road, Shorewood, MN
PID # 29-117-23-33-0012
Dear Mayor Love and Members of the Shorewood City Council:
My client, Phyllis Lovrein, who owns the property at 27095 Edgewood Road, has asked that I
write you following the Planning Director's Report and the Planning Commission's
recommendation to deny Mr. O'Donnell's variance request for additional construction on his lot.
.
As a long time resident of Shorewood, Ms. Lovrein has seen what she believes to be substantial
over-building on the lots in her neighborhood. She wonders when, if set-back requirements and
building restrictions are ignored, will such over -building end. As stated in her hand written memo
dated May 1, 2003, she has been ~areful to preserve her adjacent 20 feet strip of land completely
open, without trees or vegetation so as not to interfere with anyone's view of the lake. She feels
that applicant's proposed additional construction would impair her view of the lake from her
property and would tend to diminish the value of her land. In addition to her own loss, she
believes that the proposed construction of such a massive nature on such a small lot would
definitely alter the essential character of the locality.
The Shorewood City Code and the Minnesota Statutes set out distinctly the criteria for the
granting of a variance, the main .criteria being that of establishing a hardship. ''Undue hardship" as
used in connection with the granting of a variance means the property in question cannot be put to
a reasonable use if used under conditions allowed by the official controls. The plight of the
landowner is due to circumstances unique to the property not created by the landowner, and the
variance, if granted, will not alter the essential character of the locality. Minn. Stat. Section
462.357, subd. 6 (2).
.
...;,
.
.
Mayor and City Council
City of Shorewood
July 8, 2003
Page 2
In the case of Mr. O'Donnell's request, it appears that none of these criteria apply, inasmuch as
the property is already being put to a reasonable use. The fact that his family has now grown
larger than the family of previous owners of the property cannot be considered a reason for
determining that the property is can no longer be put to a reasonable use. Furthermore, Mr.
O'Donnell purchased the property well aware of the size of the building in relation to the.size of
the lot, and, therefore, cannot be considered to be a victim of circumstances created not by
himself. Also, continuous over-building on the parcel will most certainly alter the essential
character of the locality
. The state statute goes on to state "economic considerations alone shall not constitute an undue
hardship if reasonable use of the property exists under the terms of the ordinance." Again, it has
been established that reasonable use of the property already exists, therefore, economic situations
cannot be considered afactor in considering the variance request.
Mrs. Lovrein hopes that the mayor and city council will consider her feelings as a long time
resident and responsible citizen of the City of Shorewood, as well as the legal aspects of Mr.
O'Donnell's request, and follow the recommendations of the City Planning Director and the City
Planning Commission, and deny the variance request of Mr. O'Donnell.
Very truly yours,
cc: Phyllis Lovrein
&
'"
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236
FAX (952) 474-0128' www.cLshorewood.mn.us' cityhall@cLshorewood.mn.us
MEMORANDUM
.
TO:
Mayor and City Council
FROM:
Brad Nielsen
DATE:
10 July 2003
RE:
O'Donnell- 2nd Revision Hardcover Cales
FILE NO.
405(03.09)
Mr. O'Donnell has submitted a second revision to his hardcover calculations. By
subtracting the street pavement and the land beneath it from the lot and hardcover
calculations, the new number is 33% for both the existing site and the proposed plan.
.
Also note, for your convenience, that we have copied the material that was sent to
previously. One new item is a letter - dated 8 July 2003 - from Glenn Froberg, an
attorney representing one of the adjacent neighbors.
If you have any questions relative to this matter, please do not hesitate to contact me
prior to Monday night's meeting.
Cc: Craig Dawson
Tim Keane
John 0 'Donnell
n
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EXISTING HARD COVER TABULATION:
EXISTING HOME
EXISTING GARAGE
DECKS
BIT, DRIVEWAY
RETAINING WALLS
ROCK BANK
WALKWAY
TOTAL HARDCOVER
PARCEL AREA
% COVERAGE
1) 062 SQ, FT,
450 SQ, FT,
268 SQ, FT,
956 SQ, FT,
121 SQ, FT,
363 SQ, FT,
488 SQ, FT,
3) 708 SQ, FT,
11) 122 SQ, FT.
33%
BITUMINOUS ROAD 1) 019 SQ, FT, *
* (not counted In parcel area or hard cover)
PROPOSED HARD COVER TABULATION:
.
EXISTING HOME 1) 062 SQ, FT,
PROPOSED GARAGE 450 SQ. FT,
PROPOSED WALK 104 SQ, FT,
DECKS 214 SQ, FT,
BIT, DRIVEWAY 1) 422 SQ, FT,
RETAINING WALLS 9 SQ. FT,
ROCK BANK 363 SQ, FT,
PROPOSED STEPPING STONES 32 SQ, FT,
TOTAL HARDCOVER 3)656 SQ, FT,
PARCEL AREA 11) 122 SQ, FT.
% COVERAGE 33%
BITUMINOUS ROAD 1) 019 SQ. FT. *
* (not counted In parcel area or hard cover)
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CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236
FAX (952) 474-0128. www.cLshorewood.mn.us. cityhall@cLshorewood.mn.us
MEMORANDUM
TO:
Planning Commission, Mayor and City Council
FROM:
Brad Nielsen
.
DATE:
29 May 2003
RE:
Shorewood Yacht Club - Amendment to L-R District
Requirements/Amendment to Existing C.U.P.
FILE NO.
405(03.16)
BACKGROUND
.
Mr. John Cross, representing the Shorewood Yacht Club (SYC),located at 600 West
Lake Street (see Site Location map - Exhibit A, attached), has requested an amendment
to the provisions set forth in the L-R zoning district that restrict multiple dock facilities in
Gideon's Bay to sailboats only. He also requests that a similar requirement contained in
his present conditional use permit, be amended as well. His request is explained in a
request letter, dated 30 April 2003 (see Exhibit B).
As most of you are aware, SYC was rezoned nearly three years ago to be included in the
L-R, Lakeshore Recreational zoning district, and was granted a conditional use permit to
operate a multiple dock facility. There was considerable background associated with
those previous actions that will not be reiterated here. Rather, the resolution, staff
reports, and minutes from related meetings are attached for your review:
. Attachment I - Original Court-ordered C.U.P.
. Attachment IT - Planning memorandum, dated 27 Sept 2000
. Attachment ill - Engineer's memorandum, dated 1 Nov 2000
. Attachment N - Planning memorandum, dated 1 Nov 2000
. Attachment V - Planning Commission and Council meeting minutes
. Attachment VI - Resolution No. 00-111
n
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#8. B.
.
.
,- Memorandum
Re: SYC Zoning and C.D.P. Amendments
29 May 2003
In addition to this background material, you are urged to review Section 1201.24 (L-R,
Lakeshore Recreational District) of the City Code.
ANALYSISIRECOMMENDATION
A. Current Requirements.
The Yacht Club operates under a conditional use permit (see Attachment VI), pursuant to
Section 1201.24 of the Shorewood City Code. Section 1201.24 Subd. 10.d., which states:
"d. Issuance of a license shall take into consideration the historic use of the site
under consideration with respect to the use of power boats. With the exception
of power boats necessary for the operation of the facility, water harboring of
boats on any site located in Gideon's Bay shall be limited to sailing boats only. "
The conditional use permit contains the following references to sailing boats:
Pg. 3 "1. That based upon the foregoing, the City Council hereby grants the
Applicant's request for a conditional use permit for a sailing yacht club at
600 West Lake Street." (emphasis added)
"2. c. The permit shall be limited to the docking of sailboats. except for
three power boats used by the management of the Yacht Club. In addition,
the dock located at the westernmost end of the subject property shall be
limited to one boat owned by the residents of 5585 Timber Lane. Weed
harvesting equipment shall not count against the allowable number of
power boats. " (emphasis added)
These are the provisions that the applicant proposes to change, eliminating any distinction
between power boats and sailboats.
B. Zoning Text Amendment.
Section 1201.04 Subd. 1.d.(l) of the Zoning Code sets forth the factors to be considered
in evaluating zoning text amendments and conditional uses:
"(1) The Planning Commission shall consider possible adverse effects of
the proposed amendment or conditional use. Its judgment shall be based upon
(but not limited to) thefollowingfactors:
(a) The proposed action has been considered in relation to the specific
poliCies and provisions of and has been found to be consistent with the
official City Comprehensive Plan.
(b) The proposed use is or will be compatible with present and future land
uses of the area.
-2-
.
.
. Memorandum
Re: SYC Zoning and C.U.P. Amendments.
29 May 2003
(c) The proposed use will not tend to or actually depreciate the area in
which it is proposed.
(d) The proposed use can be accommodated with existing public services
andwill not overburden the City's service capacity."
It is recommended that the Planning Commission and City Council review policies set
forth in the Comprehensive Plan, particularly the Natural Resource section and the Land
Use section of the Plan, in conjunction with this request.
Section 1201.04 Subd. I.d.(2) goes on to say:
"(2) Upon consent of the City Council, the Planning Commission and City
staff shall have the authority to request additional information from the applicant
concerning operational factors or to retain expert testimony with the consent and
at the expense of the applicant concerning operational factors, said information
to be declared necessary to establish performance conditions in relation to all
pertinent sections of this Ordinance. "
One of the most significant concerns raised during the redrafting 6fthe L-R District
requirements and in the review of the SYC conditional use permit, was the potential for
environmental disturbance. Specifically, people were concerned that power boats may
stir up phosphates suspended m the silt in Gideon's Bay from the old Excelsior sewage
treatment plant, which discharged through the SYC site. While no studies were available
when the SYC application was being considered, it was suggested that the MPCA was
going to be conducting soil sampling of various parts of the lake in the (then) near future.
Staff will attempt to find out if such study was ever done.
The applicant's request letter mostly references an increasing demand for power boat
slips, but fails to address the market for sailboating. In discussing this with a member of
the Wayzata Yacht Club, they apparently have a waiting list of people who want sailboat
slips. In this regard the City may wish to require a market study of boat slip demand on
Lake Minnetonka.
C. Current Zoning Status.
As you are well aware, the City cited the Yacht Club last year for operating without a
license and in violation of the existing conditional use permit. The violation was resolved
in the City's favor in District Court. As of this writing, the Yacht has a license for 2003
and does not appear to be renting slips for power boats. There are, however, two items
which need to be addressed at this time: 1) the access to the property was to have been
"gated and locked" except for occasional maintenance; and 2) not all of the required
landscaping appears to have been installed. These matters should be resolved prior to any
official action being taken on the present application.
A public hearing has been scheduled to review the applicant's request on Tuesday, 3 June
2003.
Cc: Craig Dawson
Tim Keane
Larry Brown
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Exhibit A
SITE LOCATION
SYC - Code amendment/C.D.P. amendment
.
.
. -
MINNETONKA
MOORINGS
MAY
2 2003
April 30, 2003 :
l__~..."=o_~""".=........
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City of Shorewood
5755 Country Club Road
Shorewood, MN 55331
Shorewood Yacht Club (SYC) was designed in 1979 to be a first class
Yacht Club for approximately 130 boats, to serve the residents of
Shorewood and the surrounding area. It was recognized that many of the
residents of Shorewood needed good access to Lake Minnetonka, one of the
great assets of the City. The location of SYC on County Road #19 is one
that affords good access without generating traffic through a residential area
of the City and sits next to a commercial dredging company. It is well
separated from the residential areas of the city by the Hennepin County
Trail. It was to be built in phases. Phase I was constructed in 1978 and
involved the construction of three piers for 82 boats.
Phase II, the second and final phase, of SYC was worked on by the
owners of SYC for many years. Finally in 1998, SYC was able to purchase
the land west of Phase I so as to complete the initial design of SYC. At that
time Pier Four was added bringing the total number of slips to 117. The
land west of SYC was historically used for the docking of seven powerboats
being owned by several neighboring residents. The docking of 4 powerboats
is permitted by present zoning and permitting.
Discussion
Lake Regulation Regulation of the boating on Lake Minnetonka has
been granted to the Lake Minnetonka Conservation District (LMCD by the
cities surrounding the lake. LMCD does not limit any marina on the lake to
that of docking of sailboats only. In fact the Howard's Point Marina in
Shorewood, about one mile west of SYC, is not restricted by the City of
Shorewood or LMCD as to the rental of its slips to only sailboats. LMCD
has no objection to the docking of powerboats in Gideon's Bay by SYC. In
fact LMCD has not even imposed a no wake area in Gideon's Bay.
NORTH OFFICE
600 WEST LAKE STREET. SHOREWOOD . MINNESOTA 55331
phone: 952-474.0600 fax: 952.474.9755
SmJTH OFFICE
1585 TARPON CENTER DRIVE. SUITE 28 . VENICE. FLOR
phone: 941.485.6700 fax: 941-486.9119
Email: onboard@onboardsail.com www.onboardsail.c
Exhibit B
APPLICANT'S REQUEST LETTER
Dated 30 April 2003
.
.
Page Two
Current Changes In recent years powerboats have beconle quieter.
LMCD regulates and limits the noise generated by boats on the Lake.
Powerboats continue to be popular for lake recreation. The number of slips
on the Lake has been reduced in the last several years with the conversion of
Marinas' into townhouse use and other residential uses and the restructuring
of Gray's Bay Marina into a public access. Thus the demand for powerboat
slips has increased on the Lake.
Sailboats and Power Boats Both power and sailboats have fossil fuel
engines to provide for propulsion. There is no evidence known to SYC that
either type of boat is more or less damaging to the environment. Both boats
have propellers to move them in the water. Boats are required by Minnesota
law to operate in a safe manner so that they do not endanger other boats or
persons or property by their wakes. SYC requires that all boats in their
marina operate as "no wake" or at idle speed as they exit the marina and
proceed through the channel to the center of the bay. Powerboats from other
parts of the Lake operate in Gideon's Bay and generate much nlore noise and
wake than that of boats exiting SYC.
Conclusion SYC is a long time resident of Shorewood, a taxpayer, a
service to the residents of Shorewood and the surrounding area. In order for
it to continue as an asset to the City and be cOlnpetitive with other m~nas it
should be allowed to dock both power and sail boats. There is no reasonable
public purpose to impose a limitation on SYC prohibiting renting dockage to
powerboats.
Request Therefore, SYC respectfully requests that the City of
Shorewood amend its ordnance and special use permit to SYC to permit SYC
to rent its docks to either sailor powerboats.
Sincerely,
.....-<.~ ,i-(.../"'.'\{"- ;t~J~ __""4-'-:---...., .
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John H. Cross, President
Minnetonka Moorings, Inc.
dba Shorewood Marina & Yacht Club
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RESOLUTION NO.24-:r9
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;.WHEREAS, in March of 1976 MinnetonkaMoClrings, Inc., made
.~PPlicati~n:to the City .of Shore~ood requesting .~ conditional
useperinit to use part of' Lot 25, Auditor's Subdivision No. 313,
and Lots 488, 297, 304 and part of Lots 305 and 290, in Auditor I s
.' " .
~UbdivisionNo.. 135, for a yacht ,ciub with 125 slips to store
sailboats, for game. courts such as tennis, the use of. a structure
... ~oc~ted o~ thE;l property for a ciubhouse, and for parking and
'~inte~'. storage, of sailboats" and
, WHEREAS; ,th,e property in question is located in theR-l
.~ingl.. efa~.i~Y reo sidence district wherein a"yacht clubll; is a
. ~~ated' CO~d~ ti,~nal ~se ,a~d", ,
WHEREAS, ,the ~lanning Commission of the City of Shorewood
I '. , . .
held pUb,lic,hearings on the reque'stfor the conditional use permit
. ~ ... .- .. - . . , -. ..
,ap.d theCity'~6uncil did receive the recommendations of the Planning
C:ommi ssi.on,. and'
I .
, ~AS' t~~' 'City councif"d1.d:' itself hold public hearings
on the,l"e~'ue:st ~t. which parties~ de,siring to be heard were heard,
arId . "
WHEREAs, . tlle, "Shorew6o,d Zoning 'Ordinance ~being Ordinance No. 77,
I :,. - . . . .. .
ip. Se ction. 7", s,ets . forth the, standards and cond! Hons by which. the
'city' Council- may'~rant conditional Use pernii. ts, and
! : ., . , . '. ... .
' wHEREAS, theC,i ty Council did consider the' nature of the
.r~~uest;" ~~commendatio.n~. of the Piannilig Commission, testi~ony of
t~e public and tbe requirements of Ordinance No~'77"and d~d deny
. the' requ~ste~ condi~ional use' pe~miton a'3 to 2 vote by Resolution
No. 50f:..-77; adopted July 25, 1977; and
~~AS, the applicant thereafter qommenced an action in
H~nnepin County District Court to'obtain a writ of mandamus to
" , compel the City Council to issue the requested conditional use
. permit and:the'Court did, on August 21,1978, enter its Findings
of Fact, C?n~lusions of Law and Order for J~dgment finding that
t~e City C<:?utlcil' s deni,al of 'the request for said cond:i,tis>nal use
, , p~rllii. twas; afbitrary, urP:'ea,sonable "capricious and void artd did
, c(:lnclude' that theapplidant was entitled to a judgment ;lcompelling
t~eCityof Shb~ewood and its Council to issue a conditional use
permit to petitioner for a yacht club as applied' fo!' by petitioner";
. '
and
; ,
Attachment I
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,
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,
...
. ,
, .
.. WHERE!A~; the City Council did subsequently vote to forego
ari appeal :of said Order, but the Gideon's Bay Homeowners Associa-
.. ,
tion did petition the Court and was permitted to.' intervene in said
matter and file an.appeal of said Order to. the Minnesata Supreme
. , .
Cpurt and said appea;L is.naw under consideratian by the Supreme
Court, and
WHEREAS, as a result of tne ;terms af permits as granted by
the. Lake Minhetonka Canservation District, the Department of
Natural~esourGes apd the Minnehaha Creek Watershed District,
':~~~.appl~e,El.nt h.as submitted a ~evisedplan to. the'~ityproviditl.g
..... f;br:,sO:'S8ilbbat 'slips:, .~ath~r than'l25, and reducing the number
>".cif pa!,king spac!=s from that originally requested,
..:' NqW, ;THEREFORE, BElT RESOLVED by the City Council of the
. C,ity of S~ore~ood,. as follows:
,." ,.L.That a cond.itional Use permit fora yacht club pursuant
110 'Ordiriarice No., 77,. Sec. 18, Subd. 3D, and the conditio.ns here-
'.- ~fter 'sp.eeifie~ .i!3. hereby granted to the Shorewood Yacht Club; Inc.
. '.'2.' 'That'said,'Cbriditional' use permit i~ subject to the effect
_ '.o.f~x;isting' .~rd'e~sof th.e. Herin.e];>in County District Court' and the
"/.: r1i;ght tacoritillue' aperationo.f the yacht club 'pur~ua.nt to sa id
.. p,errnitis,:sUbject.t,o ariy furtherarders of said, Court and is
.:further subject to disp'osit16n of: the appeal currently before
. . ~'." '. . .
the Minnesata SUpremeCourt~nd shall terIiH.ri.ate it?- the event said
Oourt'shaUld:reverse the:,judgmen:t; entered in the Hennepin County
. I . ;
rhstr;ct dqurtcalllpeiiing the Co.uncil to. issue this permit.,
. : ". 3. imit natwithstanding that .the ariginal applicatian pra-
..... . ~a~eiin~.i;allation of 125sailbaatslips and the Hezmepin County
, .. ":'..: ..
, ,D.istrict Caurt or'de]:'ed ,issuance of e. pet'mit lias applied for",
, in light af the fact. that theapplica~t has naw submit~ed a re-
~ised'plan proposing 80'slips, the conditional use permit hereby
granted shall be ~o.r eo.'slips only, as described in the revised
'. plans '.of March 9, 1979, but 'is nevertheless i.ssued Under and pur-
suant to the original application and the order of the Court af
A,ugust 21, 197~,
, 4. ~ha~ said conditional use permit shall' be valid and
effective ,only sa long as and during such periOd af time as the
applicant continues to hold valid permits for 80 sailbaat slips
granted by the Lake Mirtnetonka Co.nse1"Vatio~District, the Depart-
ment of Natural Resaurces, and the Minnehah~ Creek Watershed
District.
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". ". .5~f' That saidu:conditi():h~l use permi't :i8' grazit~d subject
'. to bdmpli~6e by ShOreW9Gd 'Yacht Club' wi th.the fOliowing bondi tions:
. . . . ,'. dock." :.. : ':' . '., ..... : '. . .
. a.: The'/permi'i;":shallbe:. effe.ctiv~. fo~a::perioa' of.
'one'year 'frdin .the effective date. thetedf'subjecti
howe,v'er, to anriual..re.:r~:~wal under ~ppropria'te cir.":
cumstances. ." . ."
. t. . _ . ~'.', .... "', "-'. ,-: . . ',:' . ',~:, ,'" . .. ... . -: .
b.;:The.'pertnitshall be fpt' the landSl~gallyd.escribed
'on plan sheet..2. of. the plans submitted to' tp.e'. Ci ty
date'd March 9.; 1979. '. .'. . .
., ".' ',.. .... \.' .'
. ....~... :,"
.., .' "'. ;',,'. ". ":,:;.;;:,,..:.t:<.~i';'~,;.,: .'.. .' .' . """
. ,..' c.';cbnstrii.e~f&Iaf:te~ting.drainage'patternsShl:ll1 be
., '.~ni "acbordance'with:,the.pEirplit app:r;-ovals'graritep..by .
.t~. Minriehalui .Creek watershed District. dateCi.'December 7,
. .19.78 and th~' Minnesota Department of Natural. Resources
da;ted. March ;l5~.,1979... '. .. '" ". .... .,
i " .~ ,.' { ':; y. .'. " ,.', ,', ,'.. ,'" . -'';0 . .., . . - :: .... , :"-,' .
.':j. : '~.~'The' numbexi,o.fparking : spaces prqV:.1ded' shali
'. ...... be": in accordatiqe with.,.:the; pl.ans,subniitted '.dated
'. :. . .' . :March . 9;' 19'79, and. as requ;l.red in the ~ permi t . of
:. . .the 'Minnehaha .Creek Watershed District. dated
.' :. .: D.~.6:~.mber 7, .l97S..: .... .:. .
." .~. I ! . ,'_ .' " ..,.. . . . . :,. .'. _ _ '.
. ;.: e~':'The. permi t~ali' be Hmi ted .to, the . mooring of.
. ,I . s;;ii+boats ;"excep;;...:.t.wO..:power~(ni.ts:usedpythe
. .'. manage.ment..in th~:'E!..I:lit.~g'sehool.... . . ... ,"
":, . . . ~'~:':.:::~h~ f6ilbwi~':~~~Ii,{ties' sh~ii'.b~~orthe use.
, "of.'inember~'bnly:." "<:" ':' . .' .',
!' ',' _,' .:', . i -.1,,_ .:<.-.'; .':. ': ..::'.' ..~.. 'h .:. . . - .
, .......:;'1) . '~.~Wic:hing'ramp' .
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'.. ,'(2) Parldng: areas.
'.' .::. {3,). Clubho~se.'
.' ,'- .' t" . ,,' .:.....,.. ", '" . .
:~. :.(Li) :'S~i t~ti~xi faciii ties
':"':'(.5)':..Pump .out....
. . .
(6)' Suimiler/Winter.sto;r-age
,
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.:h. : Hours . of. club opetati~:ri~ .
. ". ,'. "Closing.time. (Sti:l;1day thro~gh"Thursda:Y):' .~o:oo p.m.
.' :' . ." . (Fr.~day thro'~gh Sa turd~y ):, . ' 1: 00 a. In. .
. .. .... ",
". " . .' . ','..', ,'.
..'i.;:'Dock: quiet, hOUrs shaJ..l be: betweeri.:'th~ hoUrs. of' '.,
".iO:9op~m~ ~d'S:OO a.m.:',:" .
: ."j .:"::Sailb.o'ais whe.n 'not . in use: s'haii 'have:" th~ir:-
.ha1:y:a:rds~ec)ired . by.: suchdev;i.c~s as::wi'.U' iniIlimi~e
. .an:y<n~ise. which' ~i~ht. Poe ?a~sed by-them. ..' '.
: k.~ "Right-of;":waY'..shall be 'given to all:barge~atid.
.work .boats'bei~:u:s!!ld."9Y theadjage~t dredging cqmpany.
.'
. I "
.,,:3-::-
1.: Membership sha~l be geared as much as possible
to' accomodate Shorewood residents.
"
m. Anv radios utilized on-board sailboats shall be
kept. below decks with their vo~ume at a discreet
level.
n.: No members' pets'shall be allowed on, the premises.
0.' Pedestrian crossings of the railroad right-of~way
shall be permitted and provided on the blacktop access
driveway only.
.'
....
, .
" 6.'" That th~ conditional Use permit herein granted shall not
,bl:! effective, until the applicant has provided the City with the
f?llowirtg ~tems;
a.: .' Evidence that Minnetonka ~10orings, Inc. has
co~p~etedpurchase under a previously documented
Purchase Agreement, with Chicago, Northwestern .
,Transportation Company for the acquisition of ,two
petrc'als of ' railroad right-of-way {described on plan
shee.t 2 of the revisedp~ans dated Marcli 9 i 1979)
.such that it 'possesses 'the requisite control and
,dominion'over said railroad right-of-way parcels
re~u~red by Ordinance No. 77, Sec. 7, Subd. 3.C.2.
.'
';, ."
, b. :Evidence of a, license from Chicago, Northwe stern
Transportation Company for purposes of access. across
th'e railroad right-of-way to that portion of the
subject proper'!:;ywhich lies northerly of the rail-
ro~d rightr6f-way. '
c.; An executed lease 'between Minnetonka ,Moorings,
1nc. ',. and Shorewood Yacht Club, Inc., coveri~ .
Parc,els A artdB, th1;i two parcels of railroad 'right-
of~way acquired, and the access 4riveway as described
o~plan. sheet 2 of the revised plans of March 9, 1979,
prp~idingthe beneficia+ use thereof to Shorewood
Yacht Club, Inc.
.:
Upon;filii1g of such' evide.rtc:e, with .the City the same shall be
. re~erred ~o,the (;1 ty Attorney for review and upon hi.s written
approval thereof, filed with the,City, the perml~ shall become
effective.
',:7 ~ That the conditional use permit hereby granted shall not
, .. ,', "6'onsti tute authOriZation to place fill Upon "\>fetlands nor consti tute
a buiidingperlliit'for any alterations or improV'ements'of any
structures located on the subject property. Separate permits
'~all be requi~ed ,from the City, for such of these activities as
.J -. .. . . . .
are contemplated, if any.
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Upon vO,te being taken ,the following voted "ayen :
li'.r~;': i.t'r, 1i:.u.Ir:'x''ln" Na~ y..,.:\ J e,. Stp~w.
,arld the following voted "nayn:
l'lf.'l1C
",
:( i{'-'I"l;.'l' Abl:,"iIll.)
.'
the City Council this ~,l~ay of ~~~I
ADOPTED by
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1979. ,
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CITY OF
SHOREWOOD
'.
5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236
FAX (952) 474-0128. www.ci.shorewood.mn.us. cityhall@ci.shorewood.mn.us
MEMORANDUM
TO:
Planning Commission, Mayor and City Council
FROM:
DATE:
Brad Nielsen
27 September 2000
RE:
Shorewood. Yacht Club - Proposed Rezoning, Comprehensive Plan
Amendment, Conditional Use Permit and Variance
FILE NO.:
405 (00.27)
BACKGROUND
John and Judy Cross, Representing Minnetonka Moorings, have submitted an application
for the rezoning of their property at 600 West Lake Street (see Site Location map-
Exhibit A, attached) from R-INS, Single-Family Residentia1lShor~land to L-R,
Lakeshore Recreational. They also request a conditional use permit for the existing
caretaker dwelling on the site and for the outdoor storage of boats on the property.
Certain existing conditions on the site necessitate the processing of a variance
application. Finally, since the applicants propose to add property and dockage to the
existing site, they have requested an amendment to the Shorewood Comprehensive Plan.
The existing yacht club contains approximately 2.4 acres of land, separated through the
middle by the Hennepin County Regional Railroad Authority right-of-way. The site
abuts and is accessed by County Road 19. The applicants have acquired additional
acreage to the west of the existing yacht club and north ofthe H.C.R.R.A. r.o.w. This
property contains an additional 19,200 square feet of area(.44 acres). Both sites are
presently zoned R-INS. Land use and zoning surrounding the sites are as follows:
ft
~~ PRINTED ON RECYCLED PAPER
Attachment II
.
.
~ Memorandum
Re: Shorewood Yacht Club
Rezoning, Comp Plan Amendment, C.U.P. and Variance
27 September 2000
North:
East:
Lake Minnetonka
Minnetonka Portable Dredging; zoned C-4, Service Commercial
and Single-Family Residential; zoned R-IA/S
County Road 19, then commercial (The Garden Patch and
Shorewood Nursery); zoned C-4, Service Commercial and R-C,
Residential Commercial
Townhouse common area, then single-family residential; zoned R-
IBIS, Single-Family ResidentiallShoreland
South:
West:
A clubhouse facility, caretaker dwelling, a launch ramp and boat docking for 80 sailboats
occupy the existing site. The applicants' application describes a variety of activities that
occur on the property (e.g. sailboat rental, sailing school, incidental boat sales, storage of
weed harvesting equipment, etc.). The expansion site is currently occupied by three
docks, the use of which does not conform with current zoning requirements. The
applicants propose to use the property to provide 35 additional boat slips. Except for a
small pedestrian bridge and a storage rack for small sailboats, the expansion site will be
left in its natural state. The additional dockage will extend westerly from an existing
pier.
Plans for the existing property, as well as the proposed expansion are contained in a
notebook prepared by the applicant and enclosed for your review.
ISSUES AND ANALYSIS
Before addressing the proposed expansion of the yacht club, it is important to review how
the existing facility complies with the L-R zoning district requirements. As you know,
the L-R District was amended in September of last year, in order to encourage two of the
existing multiple dock facilities in Shorewood to apply for the zoning. During the
amendment process it was understood that these facilities would not necessarily comply
with all elements of the Code, and that certain nonconformities would simply have to be
recognized as existing deficiencies.
1. The Existinf: Site.
A. Comprehensive Plan. Any rezoning must be guided by the Comprehensive
Plan. The Land Use section of Shorewood's Comprehensive Plan shows the
property in question as an area of further study. Under "Lake Access" it
. mentions that the L-R District has been revised "to encourage the marina on
Howard's Point Road and the yacht club north of County Road 19 to comply
with City standards." The Chapter Summary goes on to say:
"10. Recognizing certain existing nonconformities, seek ways to bring
the Howard's Point Marina and the Shorewood Yacht Club into
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.
.
, Memorandum
Re: Shorewood Yacht Club
Rezoning, Comp Plan Amendment, C.U.P. and Variance
27 September 2000
substantial compliance with the revised Lakeshore Recreational
(L-R) zoning district."
B. L-R Zoning Requirements.
1. Permitted Uses. The only permitted use in the L-R District is water-
harboring of boats. This is subject to an annual licensing procedure .
whereby specific standards and conditions are reviewed (see below).
2. Accessory Uses. The L-R District lists off-street parking, a clubhouse
building, one storage building, gas dispensing equipment, and boat rental
as allowable accessory uses. The yacht club has an exi~ting clubhouse
that the applicants propose to expand. Their plans are considered to be
consistent with the Code. The applicants propose to add a storage
building to the south end of the clubhouse. It is consistent with the 1200
square foot maximum area requirement. A small storage building already
exists on the site. Staff s initial recommendation to remove this structure
has been reconsidered in view of its proposed use as a dumpster enclosure.
While a fenced or walled enclosure would typically be sufficient for such'
storage, having a roof over the dumpster area will enhance screening it,
particularly from the elevated H.C.R.R.A. trail. The applicants' site plan
should be modified to show the location of this structure. It is worth
noting that neither the expansion of the clubhouse or the construction of
the storage building would be allowed under the yacht club's current
nonconforming use status.
The yacht club does not dispense gas, even to its members: Gasoline used
for their own purposes is stored in a small shed located to the east of the
clubhouse- building. Final approval of the applicants' request should
include a condition that the gas storage be approved by the local fire
marshal.
The applicants' application to the :r.,MCD references public rental of five
or more boats with outboard motors. The L-R District specifically states
that water-harboring of boats in Gideon's Bay must be limited to sailing
boats.
3. Conditional Uses.
a. Single-Family Dwelling. One of the significant changes to the L-R
District was the allowance of one single-family dwelling to serve as a
caretaker residence. In this case the caretaker residence complies with
the setback requirements for the L-R District. It is located 55 feet
-3-
, Memorandum
Re: Shorewood Yacht Club
Rezoning, Comp Plan Amendment, C.D.P. and Variance
27 September 2000
from the shoreline. . The only other requirement for the dwelling is that
it comply with Shorewood's Rental Housing Code. Any approval of
the SYC request should include a condition that the existing house be
inspected and conform with the Rental Housing Code.
b. Open and Outdoor Dry Land Storage of Boats and Trailers.
.
(1) Storage of boats must be screened from view of neighboring
residential uses. Since boats are stored in the parking area to the
west of the clubhouse, this applies mostly to the homes west of the'
SYC property. In this regard it is worth noting that the nearest
homes that can see the property are the Gideon's Cove twinhomes
(500+ feet to the west) and homes on Timber Lane that are
approximately 700 feet away to the west. The view of the site is
quite well screened from view of Gideon's Cove by existing trees.
.
Despite the proximity of boat storage to the lakeshore on the west
side of the site, there is some opportunity to enhance the
landscaping between the parking lot and the shoreline. As part of
any approval it is recommended that the applicants submit a
detailed landscaping plan for this area that introduces some sort of
evergreen tree. It is not suggested that this be a solid screen, but
should include enough trees to soften the vie,w from the west.
(2) Storage of boats must be screened from the street. Although
property to the south of the site is zoned for commercial use, boats
stored on the south side of the H.C.R.R.A. r.o.w. are somewhat
visible. As in (1) above, there appears to be some opportunity to
enhance screening by adding evergreen trees along the south edge
of the property, along County Road 19. These should also be
included in the applicants' landscape plan.
(3) Storage should be landscaped to buffer other public r.o.w. (in this
case the H.C.R.R.A. trail). Opportunities here are limited due to
the narrow space between the boat storage area and the trail r.o.w.
It is important that existing vegetation abutting the r.o.w. be
maintained. Where possible some evergreen trees should be
incorporated into these areas.
(4) Storage areas must be grassed or surfaced to control dust. -Boat
storage is limited to the existing parking areas. According to the
applicants they presently store more than just their members'
boats, using up virtually all of the existing parking areas. It is
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, Memorandum
.. Re: Shorewood Yacht Club
Rezoning, Comp Plan Amendment, C.D.P. and Variance
27 September 2000
recommended that future outdoor storage of boats be limited to the
spaces currently being used. If the expansion of the site is
approved, this may limit the number of non-member boats that can
be stored on the site.
(5) Lighting of the storage areas does not appear to be an issue. Based
upon a visit to the property, lighting appears to be well managed
and unobtrusive. Any additional lighting proposed in the future
should be subject to Council approval.
.
(6) Some of the existing parking is occasionally used for storage of
boats during the boating season. The applicants maintain that this
does not adversely affect parking. It is recommended that parking
be periodically monitored. If it is found that parking becomes a
problem (e.g. people begin to park outside of areas designated on
the site plan), the applicant should discontinue such storage during
the boating season. As an alternative, overflow parking or storage
could be accommodated in the vacant southwest comer of the site
abutting County Road 19. Since this area provides an effective
natural buffer, its use should only be required if parking becomes a
problem.
.
c. Lot requirements and Setbacks. The site complies with the minimum
area, width and depth requirements of the L..R District. With the
exception ~f parking and outdoor dry land storage of boats, the site
also complies with setback requirements. Perhaps the single most
significant deficiency on the site is the proximity of parking and
storage to the shoreline. It has already been recommended herein to
mitigate the visual impacts by enhanced landscaping. It is further
recommended that the parking areas near the lake be examined by the
. City Engineer, the DNR,and the Minnehaha Creek Watershed District
for possible ways to address drainage directly into the lake.
d. Building Requirements. The clubhouse, caretaker residence and
proposed storage building comply with setback requirements of the L-
R District. Although the proposed storage building is 20 feet high on
the east side, the fact that it is attached to the clubhouse and only the
dredging company property can see that elevation mitigates the height.
There is also merit in being able to house the portable boat hoist inside
the building during the off season.
e. Special and Specific Conditions.
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.
.
, Memorandum
Re: Shorewood Yacht Club
Rezoning, Comp Plan Amendment, C.D.P. and Variance
27 September 2000
1. The site is located ona lake with at least two public accesses and is
located at least 5000 feet from any other multiple dock facility.
2. Any future construction must comply with State Building Code
requirements. The caretaker residence should be subject to
inspection and compliance with the Shorewood Rental Housing
Code.
3. The number of slips authorized must comply with the requirements
of the Lake Minnetonka Conservation District Code. The
applicants were in the process of receiving LMCD approval when
the City requested that no action be taken.pending the City's
approval process. The draft findings of fact prepared may be of
some use in the City's licensing of the facility.
4. Parking. The applicants' plans illustrate parking for 121 cars.
This more than complies with the Code for the existing facility's
80 boat slips (one parking space per slip). If the site and dockage
are to be expanded the total parking requirement would be 115.
As mentioned earlier in this report, the westerly parking area and
four parking spaces on the north side of the site are closer than
fifty feet from the shoreline. Since the westerly parking area is
crucial to the use of the clubhouse and docking facilities, their
elimination is not practical. As recommended earlier, ways to
mitigate fue proximity of parking to the lake should be further
explored.
While paving of the parking areas is not recommended in this case,
the applicants have agreed to pave the driveway entry into the site,
up to the H.C.R.R.A. r.o.w. This is consistent with the Code and
plans for paving the driveway should reflect the heavy weights of
the boats as well as other heavy vehicles using the Minnetonka
Portable Dredging Company which shares this driveway.
5. Signage. The L-R District allows two signs on the site, one facing
the street and one facing the lake. The existing facility has one. of
each, plus an additional sign on its entry canopy facing the east
(Dredging Company).
6. TIlumination. Lighting at the existing facility is considered to be
very well managed, balancing safety, security and impact to
surrounding properties.
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.
.
Memorandum
· Re: Shorewood Yacht Club
Rezoning, Comp Plan Amendment, C.D.P. and Variance
27 September 2000
7. Noise. There is no record of complaints of noise in recent years
relative to the SYCfacility. Early concerns of halyards rattling in
the wind were easily addressed by having members wrap the
halyard around the masts. The SYC has gone so far as to impose a
strict fine for members who violate this rule.
8. Drainage. No additional grading is proposed for the property,
except for the construction of the new storage building. Standard
erosion control will be required as part of the building permit
process. As mentioned earlier the City Engineer, DNR and
MCWD engineers will be asked to review and comment on the
existing drainage of the site.
9. Historic Use. The L-R District references the historic use of the
site. It goes on to specifically restrict multiple dock water-
harboring facilities on Gideon's Bay to sailboats. In the past, the
storage of power boats for management of the club has been
limited to two. Any such limitation should not include the weed
harvesting equipment kept at the site.
n.
The Expansion Site. While expansion of the existing multiple dock facilities was
not specifically referenced in the L-R District, It was known at the time that at
least the Howard's Point Marina was considering some expansion. The applicants
have acquired the property mediately west of the SYC site, north of the
H.C.R.R.A. r.o.w. This property was allowed years ago to have three docks for
the use of certain residents on Timber Lane. Over the last several years it appears
to have evolved into a dock rental operation for as many as seven boats. The
docks have been accessed by a gravel driveway from Timber Lane
The applicants' intent is to add a fourth pier to their existing dock system,
providing an additional 35 slips. One of those slips provides a dock for the
property owner at 5585Timber Lane. They also propose to maintain the
easternmost of the three docks for one. of their management boats. This also is
included in the 35. The additional shoreline on this site allows the applicants to
comply with LMCD boat density requirements. In addition to the additional
dockage, the applicants would like to use the newly acquired land for their kids'
sailing school and camp(not overnight). In this. regard, they propose to store
several small sailboats on a rack at the east end of the parcel. They also propose a
boat dock canopy on the east end of the parcel to protect students from the
elements. This canopy would be removed at the end of the boating season. The
applicants propose to access this portion of the site by means of a small foot
bridge connected to their main facility.
-7-
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C. Existing Dock Rights. If the expansion is approved, a stipulations should be
placed in the pennit for the site that the westerly dock must be strictly limited
to one boat, for the exclusive use of the residents at 5585 Timber Lane. The
dock shall not be rented out.
, Memorandum
Re: Shorewood Yacht Club
Rezoning, Comp Plan Amendment, C.D.P. and Variance
27 September 2000
With respect to the expansion, several factors should be taken into consideration:
A. Parking and Access. As mentioned earlier in this report, the applicants
propose parking for 121 cars. With the new docks the total number of slips
required under the Code is 115. It is highly recommended that access for the
westerly parcel be limited to emergency vehicles only. With the exception of
the proposed canopy and the sailboat storage rack, the westerly parcel should
remain in a natural undeveloped state.
.
B.Boat Traffic. The proposed docks arrangement suggests approximately a 40
percent increase in boat storag"e and,presumably, 40 percent more boat traffic.
The applicants estimate that their average use on weekdays is up to 10 percent
of the members, with weekends up to 30 percent (approximately 24 boats
currently). Multiplying these figUres by 40 percent suggests 11 boats on
weekdays and 34 boats per day on weekends.
It is worth noting that out of necessity the sailboats using the facility must.
follow a well defined channel, marked by buoys. The applicants advise us
that no additional dredging of the lake bottom will be required to
accommodate the new slips. Those on the inside, where the water is
somewhat more shallow, will accommodate smaller sailboats that have swing-
up keels.
RECOMMENDATION
The rezoning of the .existing site is relatively uncomplicated, provided the
recommendations included herein are included in the approval. The expansion is
somewhat more challenging, but presents an interesting opportunity for the City to
achieve greater control over the property. Input from area residents will undoubtedly
raise issues not addressed herein. Assuming those issues can be adequately addressed by
the City,.it is recommended that the rezoning and Comprehensive Plan Amendment be
favorably considered. The applicants' next step would then be to make a formal
application for a Comprehensive Plan amendment, during which time staff should be
directed to prepare an ordinance and resolution approving the rezoning and conditional
use pennit, respectively.
Cc: Larry Brown
John and Judy Cross
-8-
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EXhibit A
SITE LOCAT~OM
Shorewood Yacht Club - Rezoning
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD · SHOREWOOD. MI NNESOTA 55331-8927 · (952) 474-3236
FAX (952) 474-0128. www.ci.shorewood.mn.us. cityhall@cLshorewood.mn.us
MEMORANDUM
.
DATE:
Planning Commission, Mayor and City Council
Brad Nielsen, Acting City Administrator
Larry Brown, Director of Public Works tJV.
November 1, 2000 ' 7,
TO:
FROM:
RE:
Shorewood Yacht Club Proposed Rezoning, Comprehensive Plan Amendment,
Gonditional Use Permit and Variance
Existing Conditions:
, The existing site is located at 600 West Lake Street, and is presently owned and operated by John
and Judy Cross as the Shorewood Yacht Club (refer to Attachment 1 for the site location map). The
existing site is 2.4 acres in total that is bisected by the Hennepin County Regional Rail Authority
(HCRRA) right of way, in an east-west direction. ' "
.
The portion of the site north of the HCRRA right of way is bounded: by shoreline of Lake
Minnetonka on the north, MinnetonkaPortable Dredging Company on the east and the HCRRA
right of way on the south. For reference of this report, this portion of the parcel will be referenced
as "Parcel Al." (Refer to Attachment 2).
. '
The remaining portion of'the parcel is immediately south of the HCRRA right of way, and is
comprised largely of wetland area. Approximately 0.3 acres of upland also exiSts ,that is utilized as
additional boat storage space. For reference of this report, this portion' of the existing parcel will be
referenced as "Parcel A2." ~, "
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The applicant has acquired. an addition~44 acres located immediately west of parcel A~ and north
of the HCRRAright of way, an~fTimberLane. This site currently'exists as open field.
For reference of this report, this parcel is referenced as "Parcel B."
n
~~ PRINTED ON RECYCLEO PAPER
Attachment III
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Planning Commission,
Mayor and City Council
Shorewood Yacht Club
November 2, 2000
Page 2 of4
RightofWay, Easements and Parking
The survey for the existing site indicates that the proposed parking shown along the northerly edge
of Parcel A2 is within the HCRRA right of way (refer to Attachment 3). The applicant will be
. required to obtairi an easement from the HCCRA for this parking area to be utilized.
Plans also indicate several parking spaces around the structures. It appears that these areas may
.double as boat storage, during the off-season. While it is reasonable to double up on the use of the
. impervious surface for both parking and boat storage, the City requires that one parking stall per
boat slip be provided. It appears that the swapping of the use of the parking and storage area
dependant upon customer demand is an efficient use of the space. The Planning Commission and
City Council will need to determine if the joint use of the spaces is acceptable.
The plan does not indicate any designations to comply with the American with Disabilities Act
(ADA) requirements. Under state law, the new addition requires the designation of handicapped
accessible parking spaces. Under this proposal, the applicant will need to provide one "van
accessible" parking space and four additional handicapped parking spaces (refer to Attachment 4).
All of the parking spaces must be paved to provide a suitable surface for ramp loading and
. unloading.
It should be noted that the ADA requirements call for five ~esignated parking. stalls, based upon the
total number of parking stalls proposed. At the time. of this report, it is unclear as to whether a fewer
number of stalls would be required based upon parking requirements versus floor space as cited in
the Uniform Building Code (versus the City's Ordinance). City Staff's recommendation is to remain
with the five designated hapdicapped parking stalls indicated above. However, if the applicant's
engineer can adequately certify that the State ADA requirements may justify a fewer number of
stalls, then the recommendation can be revised to reflect such a finding.
. Grading and Drainage and Erosion Controls
Parcel AI: With the exception of the entrance drive, the topography for Parcel Al varies from 934.0
at the southeast comer of the site to 931.5 at the shoreline. The offices for the yacht club reside on
this portion of the property.
This parcel is largely an aggregate surfaced area used for boat storage. The proposal indicates that
the parking area is to remain as an aggregate surface. Staff has considered the tradeoffs for a gravel
surface versus a paved surface, as it relates to water quality.
.
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Planning Commission,
Mayor and City Council
Shorewood Yacht Club
November 2, 2000
Page 3 of4
The following is a comparison of the issues of an aggregate surfaced lot versus a paved lot
Issue - Consideration
Expense
Transport of fine particulates
from surface to the lake
Minor spills (drips) of gas
or oil
Al!2're2ate Lot
Paved Lot
Cost Effective
Expensive
High probability
during severe rainfall
events
None
Can be addressed with
minimal expense
Typically not
addressed ~ too
expensive
In general, there is very little absorption of surface runoff that occurs on an aggregate lot. These
types of surfaces tend to become very compact due to traffic, and operate similar to a paved surface.
Inspections of the site after minor rainfall events show that there are various pools and depressions
that pocket some water. This typically would not occur under a paved scena.no. Therefore, the
recommendation is to remain with an aggregate surface, with exception of the handicapped parking
area described above.
This site is located within the Minnehaha Creek Watershed District. Under the District's
requirements a stonn water quality basin is not required for the site. However, the Lake Minnetonka
Conservation District (LMCD) has recommended that stonn water quality basin be constructed for
the site (refer to Section 2g of Attachment 5). The applicant's engineer will need to submit a revised
plan indicating the location of such a facility.
Parcel A2 is comprised largely of an existing wetland. The City of Shorewood's Comprehensive
Stonnwater Management Plan does designate lower quality wetlands to be utilized for stonnwater
management. This particular wetland qualifies for such a use. Therefore, the proposed use appears
reasonable, subject to the other recommendations of this report.
Parcel B appears to remain as a turf area with minor modifications. These minor site improvements
have little implications with regard to drainage.
.
.
Planning Commission,
Mayor and City Council
Shorewood Yacht Club
November 2, 2000
Page 4 of4
Plans do not indicate any erosion controls for the construction of the new structure. The applicant's
Engineer will need to provide an erosion control plan which is acceptable to the City's Building
Official and the Minnehaha Creek Watershed District, as part of the building permit application.
Recommendations:
Staffis recommending approval of the application, contingent upon the following conditions:
.1.
A parking and storage easement shall be obtained from the Hennepin County Regional Rail
Authority for the proposed use. A certified copy of the easement documents shall be
supplied to the City of Shorewood, and shall be in such a form as to be recorded against the
subject property. .
2. . The plans shall be revised to incorporate the necessary number of designated handicapped
parking stalls in accordance to State and Federal American with Disabilities Acts. Such plans
shall include a designated ADA route to and from the main facilities.
3 ..tul Erosion Control Plan shall be reviewed and approved by the City of Shorewood' s
Building Official and the Minnehaha Creek Watershed District.
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Attachment 1
Shorewood Yacht Club
Site Location Map
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Attachment 2
Shorewood Yacht Club
Parcel References
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Attachment 3 Cl b
d Yacht u
Shorewoo Easements
Excerpt Survey-
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u.s. Department of Justi~
~ Civil Rights Division
Di.vability Rights Section
ADA
Design Guide
D
Accessible Parking Spaces
When a business, State or local
government agency, or other covered
entity restripes a parking lot, it must
provide accessible parking spaces as
required by the ADA Standards for
Accessible Design. Failure to do so
would violate the ADA.
In addition, businesses or privately
owned facilities that provide goods
or services to the public have a
continuing ADA obligation to
remove barriers to access in existing
parlcing lots when it is readily
. achievable to do so. Because
restriping is relatively inexpensive, it
is readily achievable in most cases.
This ADA Design Guide provides
key information about how to create
accessible car and van spaces "and
how many spaces to provide
when parking lots
are restriped.
Accessible
Parking Spaces for Cars
Accessible parking spaces for cars
have at least a 60-inch-wide access
aisle located adjacent to the desig-
nated parking space. The access
aisle is just wide enough to permit a
person using a wheelchair to enter or
exit the car. These parking spaces
are identified with a sign and located
on level ground.
page 1 of2
Restriping Parldng Lots
Van-Accessible Parking Spaces
Van-accessible parking spaces are
the same as accessible parking
spaces for cars except for three fea-
tures needed for vans:
· a wider access aisle (96") to .
accommodate a wheelchair lift;
· vertical clearance to accommo-
date van height at the,van park-
ing space, the adjacent access
aisle, and on the vehicular route
to and from the van-accessible
space, and
· an additional sign that identifies
the parking spaces as "van
accessible."
e
One of eight accessible parking
spaces, but always at least one, must
be van-accessible.
Minimum Number of Accessible Parking Sp"aces
ADA Standards forAccessibleDesign 4.1.2 (5)
Total Number Van Accessible I Accessible
of Parking Parking Spaces Parking
spaces with min. 96" Spaces with
Provided wide access min. GO" wide
(per lot) aisle access aisle
1 to 25 1 0
26 to 50 1 1
51 to 75 1 2
76 to 100 1 3
101 to 150 1 4
151 to 200 1 5
201 to 300 1 6
301 to 400 1 7
401 to 500 2 7
501 to 1000
118 of Column A* 718 of Column A"*
118 of Column A* 7/8 of Column A"*
* one out of every 8 accessible spaces ** 7 out of every 8 accessible parking spaces
Attachment 4
Shorewood Yacht Club
ADA Requirements
L
Access aisle of at least 50-inch width
must be level (1 :50 maximum slope in
all directions), be the same length as
the adjacent parking space(s) it
serves and must connect to an ac-
cessible route to the building. Ramps
must not extend into the access aisle.
Boundary of the access aisle must be
marked. The end may be a squared
or curved shape.
Two parking spaces may share an
access aisle.
Fea ures of Accessible Parking Spaces for Cars
Location
'Accessible parking spaces must be
located on the shortest accessible
route of travel to an accessible facil-
ity entrance. Where buildings have
multiple accessible entrances with
adjacent parking, the accessible
parking spaces must be dispersed
and located closest to the accessible
entrances.
.
When accessible parking spaces are
added in an existing parking lot,
locate the spaces on the most level
ground close to the accessible en-
trance. An accessible route must al-
ways be provided from the acces-
sible parking to the accessible en-
trance. An accessible route never
has curbs or stairs, must be at least 3-
feet wide, and has a firm, stable, slip-
resistant surface. The slope along
the accessible route should not be
greater than 1:12 in the direction of
travel.
Accessible parking spaces may be
clustered in one or more lots if
equivalent or greater accessibility is
provided in terms of distance from
the accessible entrance, parking fees,
and convenience. Van-accessible
parking spaces located in parking ga-
rages may be clustered on one floor
(to accommodate the 98-inch mini-
mum vertical height requirement).
.
Free Technical Assistance
Answers to technical and general
questions about restriping parking lots
or other ADA requirements are avail-
a~le by telephone on weekdays. You
may also order the ADA Standards for
Accessible Design and other ADA
publications, including regulations for
private businesses or State and local
governments, at any time day or night
Information about ADA-related IRS
tax credits and deductions is also
available from the ADA Information
Line.
Department of Justice
ADA Information Line
800-514-0301 (voice)
800-514-0383 (tty)
page 2 of2
Sign with the international symbol of accessibility mounted high
enough so it can be seen while a vehicle is parked in the space.
If the accessible route is located in front of the space, install
wheelstops to keep vehicles from reducing width below 36 inches.
Th ee Additional Features for Van-Accessible Parking Spaces
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Sign with "van accessible" and the international symbol of
accessibility mounted high enough so the sign can be seen when
a vehicle is parked in the space
accessible route
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96- min.
2440
Int rnet
Yo may also review or download
inti rmation on the Department's
AD Internet site at any time. The
site provides access to ADA regula-
tio ,technical assistance materials,
an general ADA information. It
a1s provides links to other Federal
ag ies, and updates on new ADA
req irements and enforcement
eff1 rts. Internet address:
.usdoj.gov/crtlada/adahom1.htm
96" min. width access aisle, level
(max. slope 1:50 in all directions), l0-
cated beside the van parking space
Min. 9a..inch..high clearance at van
parking space, access aisle, and on
vehicular route to and from van space
Reference:
ADA Standards for Accessible
Design (28' CFR Part 36):
~ 4.1.6 Alterations;
~ 4.1.2 Accessible Sites and exte-
rior Facilities: New Construction,
and
~ 4.1.6 Parking and Passenger'
Loading Zones.
Duplication of this document is encouraged.
ORDER
The Board further finds that the proposed facility meets the requirements of LMCD Code Section
2.03 for a multiple dock license subject to the conditions and limitations hereinafter specified.
The proposed facility requires variances for dock length, side setback and dock use area. The Board
fmds that a hardship exists within the meaning of LMCD Code Section 1.07 by reason of shallow
water conditions for the requested length variance and that the granting of the length variance is
warranted.
Side setback and jock use area variances are required between Sites One and Two because the
applicant proposes to gain access to the dock use area of Site Two by constructing a dock
connection to the facilities at Site One. Parking and access for Site Two would be through Site One.
.
The applicant asserts as a hardship or practical difficulty that there is not reasonable access for cars,
parking and pedestrians from Site Two. The applicant further asserts that Site Two is currently in a
relatively natural state which would be destroyed if Site Two were fully developed with adequate
parking, access and required amenities. However, there is adequate parking on Site One for both
sites, and amenities may be provided from Site One which would allow 1;he maintenance of Site
Two in a natural state.
TI1e Board finds that a hardship or practical difficulty within the meaning of LMCD Code Section
1.07 exists which justifies. the side setback and dock use area variances provided for herein subject
to the conditions and restrictions hereinafter set forth.
As noted above the dock use areas for Sites One and Two established by previous order of the
Board were based on erroneous information about ownership and boundary lines of riparian
properties. Because Site One and Site Two are now under common ownership, it is not necessary at
this time to specify dock use areas as between Sites One and Two based on corrected land title
information. However the variances and licenses granted hereby are conditioned on Sites One and
Two continuing to be under common ownership or con1ro1. In the future if the two sites cease to be
under common ownership or control, it will be necessary to reevaluate multiple dock licenses and
variances for both sites and the special density license for Site Two.
.
On the basis of the foregoing, IT IS ORDERED that a new dock license, special density license and
length, setback and dock use area variances are granted for the proposed facility on the following
conditions: .
1. The dock facility shall be constructed and maintained in conformance with the dock plan
attached hereto as Attachment One and hereby made a part hereof.
2. The facility shall provide and maintain the following public amenities at Site One for the
special density license for Site Two:
a.
Public rental of five or more boats with outboard motors.
b.
Provide free charter boat excursions or fishing trips for at least 100 handicapped or
underprivileged persons per year.
2 Attachment 5
Shorewood Yacht Club
LMeD Order
CLL-182866vl
LKII04
c. On site distribution of boating safety and environmental literature.
d. Sanitary pump out facilities available to the public at a reasonable charge.
e. Meeting rooms available to the general public.
f. Slip and boat use for emergencies and governmental agency'use.
6~- Ho~pond"'furrun:ffwater~;~. .-?
-."------c ---- /
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h. Vegetative screening and cover.
1. Shoreline protection.
. J. Eurasian watennilfoil off-load site.
k. Sailing school and camp.
1. Safety and lake use educational program.
m. Marine towing service.
n. Marine emergency repair service
o. Ramp use for emergencies.
3. Following the end of each license year, the licensee shall report on amenities provided
during such year, giving such information as is required by the Executive Director.
. '4.
Except for structures directly associated with slips having access from Site Two, all
equipmen~ goods, debris and structures will be removed from Site Two before the end of
2000 and Site Two shall be left in a natural, unimproved state.
S. No dockage at the facility shall be limited or restricted to use by persons having an interest
in specified riparian or non-riparian real property.
6. The licenses granted hereby shall automatically terminate without any action by the LMCD
at any time Site One and Site Two cease to be under common ownership or control.
7. Neither Site One nor Site Two may be used for the off lake storage of watercraft in violation
ofLMCD Code, Section 2.045.
The license granted herein shall grant no vested right to the use of Lake Minnetonka Such use shall
at all times remain subject to regulation by the District to assure the public of reasonable and
equitable access to the Lake.
eLL.l 82866v I
LKllO-4
3
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CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236
FAX (952) 474-0128 · www.cLshorewood.mn.us · cityhall@cLshorewood.mn.us
MEMORANDUM
TO:
Planning Commission, Mayor and City Council
FROM:
Brad Nielsen
.
DATE:
1 November 2000
RE:
Shorewood Yacht Club - Comprehensive Plan Amendment,
Rezoning, Conditional Use Permit and Variance
FILE NO.:-
405 (00.27)
This report is in response to issues raised at the last Planning Commission meeting
regarding the SYC application. Engineering issues will be addressed under separate
cover.
1.
Staff met with the applicant to suggest locations where additional landscaping
might enhance the buffering of the site. Exhibit A, attached, shows new
evergreen trees in the following locations on the site: two pines on the west side
of the main parking area to the west of the clubhouse; two pines between the
auxiliary parking area just south of the LRT trail; and six pine along County Road
19, south of the auxiliary parking area. These trees will help to fill in gaps in the
existing vegetation. The minimum size for these trees should be six feet in height.
.
It will be too late to plant these trees this year, so it is recommended that the
applicant submit a bid for the work to be done next spring. A letter of credit for
one and one half times the amount of the bid should be required. and should
extend for two growing seasons.
2. The Fire Marshall has inspected the gasoline storage shed and recommends the
installation of a solid core steel door.
ft
~~ PRINTED ON RECYCLED PAPER
Attachment IV
Commissioner Woodruff has spent a considerable amount of time trying to track
down information regarding the concern over suspended phosphates in the bottom
of Gideon's Bay. Neither the Lake Minnetonka Conservation District, the
Department of Natural Resources, nor the Minnehaha Creek Watershed District
have information or appear concerned about this issue. The Pollution Control
Agency has recently completed core sampling of various locations on Lake
Minnetonka. Their data has been turned over to the University of Minnesota for
analysis, which will not be completed for six months. Their samples only extend
six inches into the bottom.
Memorandum
Re: SYC
1 November 2000
..
3.
.
.
Staff has contacted the Army Corps of Engineers, assuming they might have
information from their dredging permits. It turns out that they no longer have
jurisdiction over dredging permits on Lake Minnetonka. Even if they did, pile
driving for docks does not require a permit from them. We may still receive some
additional information from them.
The most enlightening information we have received to date comes from one of
the hydrologists at WSB, Shorewood's engineering consultant. Apparently,
phosphates do attach to silt and will eventually settle out to the bottom of the lake.
However, wave action in shallow areas will typically suspend the particles until
they can settle out in quieter, deeper waters.
It is recommended that the City suggest to the LMCD that it examine this issue as
part of their future studies of the lake.
4.
The applicants have state that they do not wish to have parents drop their children
off at Timber Lane for the sailing camp. The current process requires the parents
to check their children in at the main clubhouse each morning. The children
would then go over to the sailing camp area as a group. It is recommended that
the chain across the old driveway from Timber Lane be replaced with a gate. Use
of the driveway should be restricted to maintenance for the Yacht Club, and
access for the homeowner with the dock on the west end of the property. This
situation should be monitored in the future and the City should consider posting
"no parking" signs along Timber Lane if parking or access become a problem.
5. The sailing camp includes a storage rack to hold small sailboats. The original
plan by the applicant was to erect a boat dock canopy near the storage rack to
serve as a shelter for children at the sailing camp. The applicant now shows a
more permanent structure (a roof supported by wooden posts). It is recommended
that the earlier proposal should be approved, and that the canopy would be taken
down at the end of the boating season (e.g. the end of September). The storage
rack must be located 50 feet from the ordinary high water level of the lake.
-2-
.
.
Memorandum
· Re: SYC
1 November 2000
6. Any approval should be subject to the requirements of the LMCD through their
dock permitting process.
If the Planning Commission takes action on Thursday night, this matter will appear
before the Council at its 13 November meeting. The Council will direct staff to prepare
findings of fact, and formal action could occur at the 27 November meeting.
Cc: Larry Brown
John Cross
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Attachment V
CITY COUNCIL REGULAR MEJ:!:TING MINUTES - December 11, 2000
Page 7 of 10
Discussion ensued regarding the potential verbiage regarding resolutions of these recormnended areas of
concern.
Stover moved, Lizee seconded continuing this matter to January 8, 2001, in an effort to allow the
City Planner to resolve the last three items with the applicant. Motion passed 5/0.
E. Ratification of Terms of Approval- Shorewood Yacht Club
As had happened in the past, Mayor Love recused himself from his position and tumed the gavel over to
Councilmember Stover for action in this matter.
Director Nielsen stated this would be more of a report than an action item at this time. He explained the
applicant's difficulties in obtaining financing necessary for the legal combination of parcels to occur on
site. He stated the applicant was willing to place a deed restriction on the land related to these parcels
which granted the City a bit more control over the site. He noted aU requests by the applicant were being
held until the deed restriction was recorded properly.
.
Stover moved, Garfunkel seconded, amending two actions-Ordinance No. 368 and the approval
of the Conditional Use Permit and Variance-taken at the November 27, 2000, City Council
Meeting, subject to the deed restriction being approved by the City Attorney.
Councilmember Zerby noted all information pertaining to this matter did not list the operation of the
Yacht Club as a marina. Director Nielsen responded aU information did, however, consistently refer to it
as a Yacht Club.
Motion passed 4/0.
Acting Mayor Stover retumed the gavel to Mayor Love.for action on the remainder of the Agenda.
8. FINANCE
A.
Consideration of a Motion to Adopt a Resolution Approving the 2001 Budgets and
Approving the 2000 Property Tax Levy Collectible in 2001
.
Finance Director Burton reported on the following Resolutions noting the General Fund budget was in
the amount of $3,127,790.
Stover moved, Lizee seconded, Adopting RESOLUTION NO. 00-121. "A Resolution Approving the
2001 Budgets and Approving the 2000 Property Tax Levy Collectible in 2001." Motion passed 5/0.
B. Consideration of a Motion to Adopt a Resolution Establishing the 2001 Pay Scale
and City Insurance Contribution
Zerby moved, Garfunkelseconded, Adopting RESOLUTION NO. 00-122. "A Resolution
Establishing the 2001 Pay Scale and City Insurance Contribution." Motion passed 5/0.
C. Consideration of a Motion to Adopt a Resolution Authorizing the Transfer of
Funds
Lizee moved, Zerby seconded, Adopting RESOLUTION NO. 00-123, "A Resolution Authorizing
the Transfer of Funds." Motion passed 5/0.
.
.
CITY COUNCIL MINUTES - November 27, 2000
Page 3 of7
Commissioner Turgeon reported on the October 3,2000, and November 21,2000, Planning Commission
Meetings.
A. Shorewood Yacht Club
1. A Motion to Adopt a Resolution Approving an Amendment to the
Shorewood Comprehensive Plan - Land Use Plan
Director Nielsen confirmed Councilmember Zerby's understanding that this Resolution was not available
for action this evening. This resolution would be on the December 11, 2000, Regular City Council
Meeting Agenda.
2. A Motion to Adopt an Ordinance Amending the Zoning for the Shorewood
Yacht Club from R-IAlS and R-3A1S to L-R, Lakeshore Recreational
Director Nielsen noted the applicant was still trying to arrange financing for the legal combination of
parcels relative to this matter.
Councilmember Lizee stated she was very hesitant to make or vote on any motion related to this matter
until those lots were legally combined as requested earlier in this process.
Attorney Keane assured the Council this matter could be brought before the Council again for review in
ninety days if the combination had not been approved in that timefr~. ~lso, Attorney Keane stated no
permits for any work on the site would be issued until these parcels were combined.
Garfunkel moved, Zerby seconded, adopting ORDINANCE NO. 368, "An Ordinance Amending
the Zoning for the Shorewood Yacht Club from R-IAlS and R-3A1S to L-R, Lakeshore
Recreational," subject to withholding the publication for ninety days until the Applicant
demonstrates evidence of joinder of the property. If the Applicant fails to do so in ninety days, this
Ordinance will be brought back to the City Council for reconsideration. Motion passed 4/0.
3.
A Motion to Adopt a Resolution Approving a Conditional Use Permit and
Variance for the Shorewood Yacht Club.
In review of the proposed resolution, Director Nielsen noted he had reviewed a previous resolution
related to this matter from 1979, and had incorporated minor additions into this resolution from the 1979
resolution. He had picked items that were appropriate to this matter, but had not been addressed in this
process prior to this evening. He stated he had spoken to Mr. Cross, the applicant, and Mr. Cross had
only one comment related to the number of power boats requested for dockage. Mr. Cross had
previously expressed a need for two power boats, but would now like permission to dock three boats on
site in addition to a weed harvester--one of these would be a work boat used for towing boats back to the
Yacht Club in the event of problems, a second would be a cabin cruiser for use as a race commissioned
vessel, and a third runabout-style boat would be used as part of the sailing camp. Another item addressed
in the 2000 resolution included the ownership of the dock as related to the property owners at 5585
Timber Lane.
Councilmember Lizee noted these matters required passage by the City prior to Lake Minnetonka
Conservation District approval.
B.
A Motion to Adopt a Resolution Approving a Conditional Use Permit for the
Expansion of the Clubhouse Facility at the Minnetonka Country Club
. Applicant: Bo Witrak representing the Minnetonka Country Club
Location: 24575 Smithtown Road
CITY COUNCIL MINUTES - November 27, 2000
Page 4 of7
Councilmember Stover confirmed the inclusion of Item "t." stating no permits would be issued without
meeting previous conditions set forth in this process.
Much discussion ensued related to the wording of Item "t." with fmal determination being a request for
the item to read, "Prior to any further work alterations, including but not limited to dock pilings or
expansion, being done on the site, the Applicant must provide evidence that the land described on Exhibit
A, attached hereto and made a part hereof, has been legally combined into one tax parcel."
Garfunkel moved, Zerby seconded, adopting RESOLUTION NO. 00-111. "A Resolution
Approving a Conditional Use Permit and Variance for the Shorewood Yacht Club. Motion passed
4/0.
Acting Mayor Stover returned the gavel to Mayor Love for action on the remainder of the Agenda items.
.
Director Nielsen reviewed background on this matter, noting this matt~r h!!:d been approved by Council in
1998, however, the construction had not taken place prior to e~lration of that permit. While conplusions
were still valid from the previous application, the applicant had resolved the golf cart storage issues of
concern to nearby residents through the proposed screening Wjth shiiil)l:>~ along the westerly lot line to
take place next spring. . ,. .
Councilmember Lizee confirmed. the golf carts would be parked beneath the new ,overhang area created
in the construction of the ballroom addition: '.. " ",',.' . .. " . ., .
.
Zerby moved, Stover seconded, adopting RESOLUTION NO. 00-112 , "A Resolution Approving a
Conditional Use Permit for the Expansion of the Clubhouse Facility at the Minnetonka Country
Club for Do Witrak representing the Minnetonka Country <;lub, 24575.Smithtown Road." Motion
passed 5/0.
C. A Motion Directing Staff to Prepare a Resolution Approving a Lot Line
Rearrangement
Director Nielsen provided historical information related to this matter. He noted this request would
allow the lots to comply more equally with the RI-C zoning district. Also, this matter was only slightly
complicated by the fact that with the subdivision, the existing Shenehon cabin would become
nonconforming. In addition, the applicants plan to sell the property; and the new owner planned to
demolish the cabin in the spring.
Wheeler Smith, attorney for the current property owners, addressed Council, noting he would be
available for any questions anyone may have of him.
Gerald Goodlund, owner of the adjoining property, also addressed Council and stated the cottage had
been there for fifty years, and he had no objection to the cottage remaining an additional two months as
requested by the buyer for the property. He also stated, it would be nice environmentally to allow the
CITY OF SHOREWOOD
PLANNING COMMISSION MEETING
TUESDAY, NOVEMBER 2, 2000
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
.7:00 P.M.
MINUTES
CALL TO ORDER
Chair Bailey called the meeting to order at 7:00 P.M.
ROLL CALL
Present:
Chair Bailey; Commissioners Anderson, Callies, Turgeon, and Woodruff; Council
Liaison Liz6e, and Planning Director Nielsen;
Absent:
Commissioners Boehm and Rosenberger; Engineer Brown
tt AWROVALOFMmUTES
Chair Bailey briefly reviewed this evening'.s Agenda and noted the Commission had received the
Planning Commission minutes from October 3,2000, immediately prior to this meeting and thus, no one
had time to review them.
Turgeon moved, Woodruff seconded, amending the Agenda to move this item to follow Item 4.
Motion passed 5/0.
1. CONTINUATION OF DISCUSSION FROM OCTOBER 3, 2000 PLANNING
COMMISSION MEETING REGARDING SHOREWOOD YACHT CLUB
tt
. COMPREHENSIVE PLAN AMENDMENT
. REZONING FROM R-IA TO L-R
. CONDITIONAL USE PERMIT
. VARIANCE
Annlicant:
Location:
Minnetonka Moorings
600 West Lake Street
*For future reference, please note there are two Planning Commission memorandums onfile at City Hall
related to this meeting's discussions. One is a memorandum from Brad Nielson, dated November 1,
2000-referencing File No. 405(00.27). The second memorandum is from Larry Brown, dated November
1, 2ooO-referencing the Shorewood Yacht Club Proposed Rezoning, Compo Plan Amendment,
Conditional Use Permit, and Variance. Both these memorandums provide detailed analysis and
explanation in response to Commission's concerns as well as being specifically referenced as part of
motions for approval.
Chair Bailey briefly reviewed the process used in a Public Hearing, noting this item, if approved, would
appear on the City Council Agenda for November 13, 2000.
Director Nielsen summarized the history related to this matter. He also reminded the Commission it was
a continuation of a discussion held on October 3, 2000, and changes could still be made in this matter.
He also noted some items of concern had been rectified.
With regard to the issues of accessing Timber Lane for transporting children to the Sailing Camp, the
applicants report current process has children dropped off at the main facility rather than utilizing Timber
Lane. It was recommended by Director Nielsen the chain, currently being used, be replaced with a more
Planning Commission Meeting Minutes-November 2, 2000
Page2of6
In review, Director Nielsen explained the Shorewood Yacht Club was comprised of three areas of land.
The main portion of the facility is located north of the Hennepin County Regional Rail Authority Right-
of-Way, also known as the LRT, which bisects the entire property. This portion of the site was bounded
by Lake Minnetonka, Minnetonka Portable Dredging Company, and the trail to the south. A second
portion of the facility, which lies immediately south of the LRT, was mainly comprised of wetland and
boat storage. The applicant had recently acquired an additional parcel of land located immediately west
of the main portion of the facility, north of the LRT, and east of Timber Lane. The acquisition of this
third parcel of land prompted a request to amend the Comprehensive Plan as well as rezoning,
conditional use permits and variance requests for additional dockage and structures on site.
.
At the October 3, 2000, Planning Commission Meeting, various issues were presented for discussion and
consideration. Director Nielsen reviewed them as the following: additional dockage of thirty-five boat
slips, a seasonal shelter near the Sailing Camp-now requested as permanent, an overflow parkinglboat
storage area, addition of an accessory building, and the construction of a small footbridge between the
main facility and the Sailing Camp area. He also noted the L-R district allowed for all proposed
constuction on this site. In addition, he commented the applicant stated, with regard to the overflow
parking area, the parking areas nearest the main facility were rarely filled to capacity and the overflow lot
was to be used only if absolutely necessary. Director Nielsen stated he believed it would be beneficial
for the applicant to leave the overflow portion of the site kept in a natural state as much as possible to
avoid hardcover problems as well as avoiding safety problems with accessing this area from County
Road 19.
Director Nielsen also explained he had met with the applicant to suggest locations where additional
landscaping might help to buffer the view of the facility from surrounding neighbors. The Fire Marshall
had examined the site as well and recommended the installation of a solid core steel door on the gasoline .
storage shed.
.
Director Nielsen thanked Commissioner Woodruff for her considerable time and effort spent trying to
obtain information from various public agencies, such as the Lake Minnetonka Conservation District, the
Department of Natural Resources, the Minnehaha Creek Watershed District, and the Pollution Control
Agency, regarding the phosphates perhaps suspended in the bottom of Gideon's Bay. All agencies
contacted did not have any concrete information about potential phosphate problems for this area to share
at this time. However, hydrologists at WSB, Shorewood's Engineering Consultant, stated it was their
understanding that phosphates do attach to silt and will eventually settle out to the bottom of the lake.
However, wave action in shallow areas will continue to suspend the particles until they can settle out in
quieter, deeper waters.
The Army Corp of Engineers was also contacted, and while they do not currently maintain jurisdiction
over dredging permits for Lake Minnetonka, they were able to concur. with the findings of the
hyrdrologist at WSB, noting there are three zones found in the lake related to phosphate particles. The
first is an erosional zone, where particles are subject to the action of the waves. A second zone was
referred to as transitional where matter fmds its way from one area to another, and the third zone was
depositional where the particles settle out in deeper water. Also, they reported, with regard to
construction of new pilings in that area, pile driving would produce a localized effect on the area.
However, if a "jet" process was utilized, the effects to the area could be more severe. It was
recommended, should dredging be required, that the pilings be "driven" rather than using the "jet"
method. The applicant reported there would be no need for dredging as part of this request for additional
dockage.
.
.
Planning Commission Meeting Minutes-November 2, 2000
Page 3 of6
permanent barrier-such as a gate. Also, access to the driveway should be restricted to maintenance for
the Yacht Club, and access for the homeowner with an easement to the existing dock on the west end of
the property. In addition, it was recommended the situation be monitored in the future and consideration
of "No Parking" signs take place if access to the area becomes a problem. Recommendation for a shelter
near a storage rack included the use of a seasonal, rather than permanent structure for the children of the
sailing camp. Ultimately, Director Nielsen reported any approval of these plans should be subject to the
requirements of the LMCD through the dock permitting process.
Director Nielsen then summarized a memorandum from City EngineerlDirector of Public Works, Larry
Brown. Engineer Brown addressed issues of right-of-way, easements, and parking; grading, drainage,
and erosion controls; and made final recommendations about these issues of concern. He noted, with
regard to right-of-way issues, it appeared as if Mr. Cross had resolved the issues related to the acquisition
of approximately twenty-five feet from the Hennepin County Regional Rail Authority for the
parkinglboat storage area. Director Nielsen also recommended the new parcel of land be legally
combined with other two parcels currently part of the Shorewood Yacht Club as a condition of approval.
Also, Director Nielsen stated, the proposed plan does not comply with the American Disabilities
Act(ADA) requirements. The new addition required designation of handicapped accessible parking
spaces-one "van accessible" and four additional handicapped parking spaces-all of which must be
paved to provide a suitable surface for ramp loading and unloading. It should also be noted the ADA
requirements may differ in number from the determination of the Uniform Building Code which is based
upon the total number of parking stalls proposed. Since this number is uncertain, some revision may
need to be made to the fmal recommendations of Engineer Brown, provided the applicant's engineer can
certify the State ADA requirements may justify a fewer number of parking spaces than what is currently
being proposed in the Engineering memorandum.
Concern over the parking area being so close to the lake were also examined. Findings, after an onsite
visit, indicated the lot actually drained away from the lake and sometimes had water standing on the
eastern edge. A brief review of the advantages/disadvantages were presented to the Commission
regarding the possiblity of paving this area as it pertained to drainage in the area. Final review of the
issue concluded the main parking area should remain an aggregate surface, with the exception of the
handicapped parking area referenced previously. Since the parking area would not be paved, a
recommendation to use curbstones to designate parking stalls was issued. Director Nielsen also reported
it appeared the existing wetland area provided good retention on site as part of the City's Stormwater
Management Plan.
Erosion control measures shall be reviewed and approved by the City Building Official and the
Minnehaha Creek Watershed District as part of Engineer Brown's final recommendations.
In conclusion, Director Nielsen reported, it seemed as though all proposed plans, subject to final
reconunendations of the Planning Director and City Engineer, concur with the L-R District zoning
requirements.
John and Judy Cross, owners of the Shorewood Yacht Club, were in attendance, and addressed the
Commission. Mr. Cross stated they appreciated the time spent on these matters; He stated the gate
would not be a problem to install as part of his plan, and he was willing to make adjustments, as needed,
to the parking areas.
Mrs. Cross conunented she was responsible for the suggestion to incorporate a more permanent cedar
shelter, such as the one at Freeman Park, because it would look prettier than the originally proposed
seasonal shelter.
.
.
Planning Commission Meeting Minutes-November 2, 2000
Page 4 of6
Chair Bailey opened the Public Hearing at 7:47 P.M.
Joann Schaub, 5465 Timber Lane, asked Mr. Cross the number of additional boat slips to be built in this
proposal. He replied there would be twenty-eight, plus the seven that are already there, totaling thirty-
five. She also commented most neighbors she had spoken with did not have a problem with the marina.
There were concerns about the parking taking place on Timber Lane and would appreciate the use of the
"No Parking'" signs.
Dr. Thomas Alt, 23760 Lawtonka Drive, stated the vast majority of the townhome owners support the
proposed changes at the marina and thought the marina was quite pretty to look at as part of their view.
He viewed the parking on Timber Lane differently, noting people can pull off the street into the grass
area to park so the street would not be quite so congested.
Commissioner Callies stated this matter did not seem to be an appropriate part of the process involving
the marina issues. Commissioner Anderson asked if this matter of parking along Timber Lane could be
better solved through the parking permit process. Director Nielsen commented if the parking problem
came about as a concern from the marina it would be appropriate to this discussion, otherwise, it should
be dealt with as a separate matter at a different time.
Hearing no further testimony pertaining to the matter appearing before the Commission, Chair Bailey
closed the Public Hearing at 7:52 P.M. '
Commissioner Callies asked Director Nielsen about the different viewpoints regarding the use of canvas
or cedar on the shelter in the Sailing Camp area. He explained the cedar would be very visible during the
winter months in that area versus the use of the seasonal canvas being removed, and allowing the area to
be more natural looking.
Commissioner Woodruff stated she had a number of comments to share with the Commission. First, she
confIrmed the curbstones would be included as part of the parking permit process. Secondly, she
questioned the possible use of landscaping around the parking lot area to slow the amount of runoff to the
lake. Director Nielsen explained there is a ridge from grading around the lot currently to deter the water
from running into the lake, and also the space in that area appeared to be rather limited for landscaping.
She also asked if it seemed necessary to get runoff to the pond area. Director Nielsen responded he did
not believe this to be a critical issue at this time. In addition, Commissioner Woodruff stated she had
deep concerns regarding the potential in the future for driving pilings and potential phosphates in tbe.bay
area. She strongly believed a study should be conducted in the area as she believed there were as many
as seven treatment plants draining to tbat area into the 1970's. Her main concern with this matter was the
potential for heavy metals, such as mercury, to be entering the food chain as a result of previous uses of
the bay area.
Commissioner Turgeon expressed concern. for the specifics of the details being discussed. She stated her
concern about the legal combination of parcels, as well as potential dredging in the future at this site.
She also stated her preference for the seasonal canopy on the shelter in the Sailing Camp area. She
clarified wording to be used related to the overflow parking area, noting the City's preference that no
parking take place there unless absolutely necessary.
Director Nielsen stated it would be sensible to clarify the large number of potential additions being
discussed by the Commission this evening. The following items were specified as additional conditions
for approval by the Planning Commission.
.
6)
Any pilings needing to be installed would be "driven" rather than using the "jet" method
of installation.
Planning Commission Meeting Minutes-November 2, 2000
Page 5 of6
1) The new parcel of land, referenced as "Parcel B" in the November 1, 2000,
Memorandum from Larry Brown, be legally combined the remainder of the Shorewood
Yacht Club property.
2) The shelter at the Sailing Camp shall be a seasonal canopy, rather than a permanent
covering.
3) There will be no dredging taking place as part of the City's approval in this request. Any
requests in the future would be subject to normal dredging permit process procedures.
4) Any future proper use of the overflow parking area, shown on the Site Plan in the
southwest comer of the site, would be subject to review and approval by the Planning
Commission.
5)
The American Disibilities Act parking spaces must be consistent with the Uniform
Building Code requirements and subject to conditions imposed by the Lake Minnetonka
Conservation District.
7) The gate referenced. in Item Four of the November 1, 2000, memorandum from Brad
Nielsen, will be installed in place of the current chain as detailed in that memorandum.
8) Curbstones shall be placed for each parking stall on site.
Director Nielsen stated these conditions could be included in the Conditional Use Permit if approved.
Anderson moved, Callies seconded,. amending the Shorewood Comprehensive Plan to include
"Parcel B," referenced in the November 1, 2000, Memorandum from Larry Brown regarding this
matter, be placed into the L-R District. Motion passed 5/0.
.
Anderson moved, Callies seconded, recommending approval of the Conditional Use Pennit as
approved at the October 3, 2000, Planning Commission Meeting as well as including the conditions
listed previously, and in staff recommendations found in Memorandums, dated November 1, 2000,
from Larry Brown and Brad Nielsen, to the Planning Commission and City Council regarding this
matter.
Commissioner Callies commented she was not sure the dredging issue was necessarily appropriate as part
of the specified conditions.
Motion passed 4/1, with Woodruff dissenting, because of the uncertainty of what lies on the lake
bottom in this bay area.
Commissioner Anderson excused himself from the meeting at 8:27 P.M.
Mr. and Mrs. Cross thanked the Commission for their efforts related to this matter.
2. MATTERS FROM THE FLOOR
There was no one present wishing to address matters from the floor this evening.
Applicant:
Location:
Minnetonka Moorings
600 West Lake Street
PLANNING COMMISSION MIl'- ""'ES
.oCTOBER 3, 2000 - PAGE 3
~
. The public hearing was opened at 7:35 P.M.
Mrs. Jeannie Polston, 28215 Boulder Circle was in attendance and addressed the Commission to explain
there was a title search in progress related to the unbuildable parcel to be combined. Barring any
contrary findings, she did not anticipate any problems with these suggestions.
Mr. Darrell Carver, 27910 Smithtown Road, asked Mrs. Polston if there were to be trees planted around
the new garage. She responded the area around the garage is quite wooded, and while no new additional
trees were to be planted on the south side of the garage, she did not believe Mr. Carver would be able to
see the new garage.
The public hearing was closed at 7:40 P.M.
Commissioner Woodruff questioned whether there was a plan to plant trees to screen the garage from the
east. Mrs. Polston stated they were planning to plant a few evergreen trees on that side of the garage in
an effort to provide screening.
.
Anderson moved, Woodruff seconded, recommending approval of a Conditional Use Permit for
Accessory Space in Excess of 1200 Square Feet, for Steve and Jeannie Polston, 28215 Boulder
Circle, subject to the applicant providing a landscape plan showing where trees would be planted
for screening. Motion passed 5/0.
3. 7:30 P.M. PUBLIC HEARING
. COMPREHENSIVE PLAN AMENDMENT
. REZONING FROM R.IA TO L-R
. CONDITIONAL USE PERMIT
. VARIANCE
.
*For future reference, please note there is a Planning Commission memorandum on file at City Hall
from Brad Nielsen, dated September 27, 2000-referendng File No. 405(00.27). This memorandum
explains, in significant detail, the history cind analysis surrounding these requests.
Director Nielsen provided a detailed explanation of the issues involved in these requests. He explained
John and Judy Cross, representing Minnetonka Moorings and working through the Shorewood Yacht
Club facility, had submitted an application for rezoning of their property. In doing so, a Conditional Use
Permit, Variance, and an amendment to the Shorewood Comprehensive Plan were necessitated. Involved
in this property and further complicating matters was the recent acquisition of a parcel of land
immediately west of the Yacht Club where Mr. and Mrs. Cross were proposing additional dockage in an
effort to expand their business. In reviewing this matter, Director Nielsen provided information as it
pertained to the existing site and then regarding the expansion site. Some issues pertain to both sites.
First, Director Nielsen explained that any rezoning must be guided by the Comprehensive Plan set forth
by the City. When amended last, efforts were made to pave the way, should an opportunity arise, to
bring the marinas into compliance with the Lakeshore Recreational (L-R) zoning district. In considering
the L-R District Requirements, there are Permitted Uses, Accessory Uses, and Conditional Uses relating
to Single-Family Dwellings, Open and Outdoor Dry Land Storage of Boats and Trailers, Lot
Requirements and Setbacks, Building Requirements, and Special and Specific Conditions. Following is a
brief summary of the comparison between the subject property and these requirements as detailed by
.
.
PLANNING COMMISSiON Mn' "SS
9CTOBER 3. 2000 - PAGE 4
<<
Director Nielsen. A more significantly detailed discussion of these issues can be found in the Planning
Commission referendum referenced at the beginning of this Item.
The permitted use in the L-R district was subject to annual licensing procedure and had as its only use
the water-harboring of boats. Specifically, the L-R district stated the water-harboring of boats in
Gideon's Bay must be limited to sailing boats.
The L-R District had off-street parking, a clubhouse building, a storage building, gas dispensing
equipment and boat rental as allowable uses for this area. The Shorewood Yacht Club had all of these.
The storage building on the site was to be removed, however, its proposed use as a dumpster enclosure
was deemed more useful, as a roof over the area would help to conceal it from the Hennepin County
Regional Railroad Authority trail which bisects the property.
With regard to the single family dwelling on the property as part of its Conditional Uses, all setback
requirements were observed, however, it would need to comply with the Shorewood Rental Housing
Code and would need to be inspected for conformance.
While there were many issues to be examined regarding Open and Outdoor Dry Land Storage of Boats
and Trailers, the most significant matter seemed to be a need for a detailed landscaping plan for the area
demonstrating a plan for screening of evergreen trees between the parking lot and shoreline, along the
South edge of the property facing County Road 19, as well as maintaining existing vegetation abutting
the Right-of-Way near the H.C.R.R.A trail.
Director Nielsen complimented the Yacht Club on their lighting noting it was very well done for its use
as well as being sensitive in its impact on the neighbors.
There was concern for the boat storage on the site, noting that if all parking sites would be utilized and .
boats stored on the site as well, the need would exceed supply. An alternative parking/storage area was
proposed in the vacant southwest comer of the site abutting County Road 19. Parking was considered an
area to monitor and adjust as needed.
The most significant concern overall seemed to be the proximity of parking and storage so close to the
shoreline. While enhanced landscaping would help to mitigate potential problems, it was recommended
that the parking areas near the lake be examined by many agencies in an effort to address issues of
drainage directly into the lake from this site.
With regard to Signage found in the Special and Specific Conditions portion of the L-R District Zoning
Code, the Shorewood Yacht Club had three signs while the requirements stated that only two signs would
be allowed.
At this point, Director Nielsen explored the background related to the expansion site and requests made
regarding this portion of land as it related to the Shorewood Yacht Club. He noted three additional docks
existed on this site primarily for the use of certain residents on Timber Lane.
The applicants would like to add a fourth dock to the existing system, providing thirty-five additional
slips. One of the docks would be maintained as a slip for a property owner at 5585 Timber Lane. The
easternmost of the three docks would be for one of their management boats utilized in assisting
customers in need of help.
.
.
PLANNING COMMISSION Mn. 13S
pcrOBER 3, 2000 - PAGE 5
When considering issues involved in the expansion site, Director Nielsen explained, it would be
important to consider issues of Parking and Access, as well as Boat Traffic and Existing Dock Rights.
Parking and Access on the expansion site was recommended to include emergency vehicles only. With
the exception of a proposed boat canopy used to protect the Sailing School students from the elements
and a sailboat storage rack, the site should remain in a natural undeveloped state.
Boat traffic was believed to increase by approximately forty percent as a result of the proposed plans for
this site, however, no dredging of the lake bottom would be required to accommodate the additional slips.
Existing Dock Rights should be maintained for the exclusive use of the residents of 5585 Timber Lane
only as part of consideration of the expansion site.
Director Nielsen summarized his comments noting he believed the plans to be well done and addressed
many issues identified in the past. He stated there would be many improvements to the property and the
expansion and rezoning would allow the City to gain more control over the property. He also noted a list
of names had been submitted to the City noting no opposition to the proposed plans for this site.
John and Judy Cross were in attendance and seized the opportunity to address the Commission. Mr.
Cross noted he had few disagreements to the recommendations Director Nielsen had reviewed. He also
noted there was no current need for the overflow parking/storage area, but did not want this to be an issue
at the time it would be needed in the future.
Mrs. Cross addressed the issue of the third sign facing the lake. She stated she considered it more of a
"landscape embellishment" as it was made of rope and occupied a flower bed. She stated the members
liked it, and it could only be seen from the lake, however, it was not needed. She also stated the
neighbors that can see the property have no objection to it being there.
Mr. Cross also expressed disappointment in the necessary delay for formal approval of the
Comprehensive Plan Amendment. Mrs. Cross noted there are forty-one people on a waiting list for the
proposed slips, and they were hoping to have the dockage ready next spring. The timeframe that would
occur as part of the formal approval process would not allow that to happen.
Chair Bailey opened the Public Hearing at 8:40 P.M.
Dwayne V., 5585 Timber Lane, stated his concern regarding the noise coming from the hollow booms on
the sailboats, and a concern over the potential overflow lot on the southwesterly corner of the property.
He stated he had lived at his address for twenty-eight years and knew the locale of the proposed driveway
onto County Road 19. He voiced concern for safety in that area should the overflow lot be needed.
J ames Hancock, 23800 Lawtonka Drive, stated he was very much in favor of these requests as he
believed it to be a more favorable use of property.
Steve and Nancy Linder, 23730 Lawtonka Drive, were in attendance. Mr. Linder addressed the
Commission with his request to reconsider dockage for the Gideon Cove residents. He state it was his
prior knowledge that additional docks had been denied in that area as a general rule, and he was surprised
to see this request coming forward for approval.
Joann Schaub, 5465 Timber Lane, was very concerned for traffic utilizing the proposed overflow parking
area. She questioned Mrs. Cross as to whether emergency vehicles were currently utilizing that area.
Mrs. Cross responded the police may be monitoring that area, but she was not sure. Mrs. Schaub
commented she had seen vehicles removing the chain and driving in on previous occasions.
.
.
PLANNING COMMISSION MD ES
OCTOBER 3, 2000 - PAGE 6
.
Julie Ingelman, 23720 Lawtonka Drive, stated her concerns over the timing of this issue, and the Gideon
Cove request for additional dockage being denied. She also noted parking seemed to be quite crowded
on the Yacht Club property, and she would like to see the mess along the H.C.R.R.A. trail cleaned up as
she utilized the trail daily
Dan Puzak, 23830 Smithtown Road, expressed concern over the lakeshore and lake bottom. He stated
this area previously served as a drainage area for the Excelsior Sanitary Sewer Treatment facility and it
was his belief that it was one of the most polluted areas of lake bottom in that area. He stated he would
like to see a viable business run in that area with clean-up of the lake bottom. He did not support these
requests due to the muck on the lake bottom potentially being disturbed. He also had concerns for traffic
on LawtonIca Drive. He believed if it was not fenced off, it would create an eyesore in that area.
Donna Delaney, 23760 Lawtonka Drive, stated her support for the improvements to the existing marina
site. She noted she did not hear any noise, and the sailboats are a beautiful view. She did, however, have
concerns regarding the proposed drive down Timber Lane. Regarding the muck on the bottom, she
believed Lake Minnetonka to be a large lake, and she did not see the muck on the bottom affecting the
rest of the lake as a whole.
Judy Cross again spoke to address concerns regarding the proposed driveway entrance. She stated there
is a process in place used for pick-up and drop-off of students for the sailing school. She did not want
the additional responsibility of dealing with students being dropped off in the proposed driveway
entrance area. The current process would continue to be enforced regarding the students being
transported to the sailing school.
John Cross also stated that by removing the middle dock of the three on the expansion site, the area
would be left in a more natural state.
Chair Bailey closed the Public Hearing at 9:04 P.M.
Commissioner Anderson stated his two concerns to be related to storage and screening of the boats, and
the close proximity of the parking to the lake. Also, he .believed access to Timber Lane should be
controlled.
Commissioner Turgeon commented she had concerns related to proposed versus actual numbers of
parking spaces on the site. Also, she did not want to see another driveway placed onto County Road 19
in that area. Furthermore, she believed sensitivity should be used when considering implications from
the muck on the bottom of the lake. She stated she would like to approach appropriate agencies and
authorities to find out what is on the lake bottom in this area.
Commissioner Woodruff echoed Commissioner Turgeon's comments regarding the environmental
impacts in and around this area. Commissioner Boehm also supported concerns regarding environmental
impacts on this site. He also expressed concern for the parking situation and proposed overflow area.
Chair Bailey reminded the Planning Commission of the efforts put into the Comprehensive Plan. He
believed these plans to be a positive step forward, and he did not want to lose sight of the opportunity to
bring this property in compliance.
Much discussion centered on how to allow the applicants to move forward with plans' although a formal
Comprehensive Plan amendment could not be approved this evening.
.
.
PLANNING COMMISSION ME ES
.OCTOBER 3, 2000 - PAGE 7
~
Corrunissioner Anderson commented it seemed as though Mr. Cross had acted in good faith and he
wanted to see the Yacht Club brought into compliance. He noted the approval process can sometimes
appear daunting, and he believed it best to work with the Yacht Club on these matters.
Anderson moved, Boehm seconded, recommending approval of rezoning the parcels in question,
the Conditional Use Permits as presented, and a variance-for John and Judy Cross, representing
Minnetonka Moorings, 600 West Lake Street, subject to rmal approval of the Comprehensive Plan
Amendment and submittal. of a professional Landscape Plan, also a plan for controlling the access
to Timber Lane, and an Engineering Report on the matters of the new proposed parking spaces
and existing parking near the lake to be presented on November 2, 2000, as well as scheduling a
public hearing for a formal Comprehensive Plan Amendment on November 2, 2000.
Corrunissioner Turgeon stated she believed it would be possible to move forward with these requests.
Corrunissioner Anderson reiterated that it can be a cumbersome process to move government along, but
he believed the Shorewood Yacht Club to be an asset to the City, and he would like to work with the
Yacht Club to move matters forward.
Motion passed 5/0.
4. RECOMMENDATION REGARDING GIDEON GLEN
Director Nielsen stated the City Council had authorized up to $175,000 for the acquisition of the Gideon
Glen property. The Minnehaha Creek Watershed District had agreed to provide up to $200,000 to help in
the acquisition. Other funding sources were being considered as well in an effort to minimize
expenditures for the property.
He also explained there are a number of purposes for securing this property-one of them being wetland
preservation. He also noted the acquisition of this property would be consistent with the Comprehensive
Plan for the City.
Woodruff moved, Anderson seconded, recommending approval for the purchase of the Gideon
Glen property. Motion passed 5/0.
5. MATTERS FROM THE FLOOR
Mr. Jerry Brekke, Howard's Point Marina, was in attendance and stated it was good to see the Planning
Corrunission work as a group to resolve tough issues. He state he had remained at this meeting because
he wanted to pay the Planning Commission the compliment of doing a good job.
Chair Bailey thanked him for his fine compliment.
6. DRAFT NEXT MEETING AGENDA
The next meeting for the Planning Commission would be November 21, 2000, and would include two
items as well as a discussion regarding Right-of-Way issues.
7. REPORTS
Chair Bailey stated he would be the City Council Liaison for the month of October, 2000.
.
.
PLANNING COMMISSION MI 'ES
OCTOBER 3. 2000 - PAGE 8
8. ADJO~NT
Anderson moved, Woodruff seconded, adjourning the meeting at 10:02 P.M. Motion passed 5/0.
RESPECTFULLY SUBMITTED,
Sally Keefe,
Recording Secretary
.
.
~.
CITY OF SHOREWOOD
RESOLUTION NO. 00-111
A RESOLUTION GRANTING A CONDITIONAL USE PERMIT AND VARIANCE
FOR A YACHT CLUB TO :MINNETONKA MOORINGS, INC.
WHEREAS, Minnetonka Moorings, Inc. (Applicant) has an interest in certain real
property located at 600 West Lake Street in the City of Shorewood, County of Hennepin, State of
Minnesota, legally described in Exhibit A, attached hereto and made a part hereof; and
WHEREAS, the Applicant proposes to expand the Shorewood Yacht Club, which
currently occupies the property, add an accessory storage building and additional dock slips; and
WHEREAS, the existing Shorewood Yacht Club is a nonconforming use in the R-1A/S
and R-3A/S zoning districts and operates under a court-ordered conditional use permit which was
issued by the City of Shorewood in Council Resolution 24-79, which resolution is on file in the
Shorewood City offices; and
WHEREAS, the City Council has agreed to rezone the subject property to the L-R,
Lakeshore Recreational District, in which the existing caretaker dwelling on the property and the
outdoor storage of boats require a conditional use permit, pursuant to Section 1201.24 Subd. 4 of
the Shorewood City Code; and
WHEREAS, the Applicant has requested a variance to the setback requirements for on-
site parking on the property; and
WHEREAS, the Applicant's request was reviewed by the City l?lanner, and his
recommendations were duly set forth in memoranda to the Planning Commission dated 27
September 2000, and 1 November 2000 which memoranda are on file at City Hall; and
WHEREAS, the Applicant's request was reviewed by the City Engineer, and his
recommendations were duly set forth in a memorandum to the Planning Commission dated
1 November 2000, which memorandum is on file at City Hall; and
WHEREAS, after required notice, a public hearing was held and the application was
reviewed by the Planning Commission at their regular meeting on 3 October 2000, the minutes
of which meeting are on file at City Hall; and
WHEREAS, the Applicant's request for a conditional use permit and variance was
considered by the City Council at its regular meeting on 13 November 2000, at which time the
Planner's memoranda, the City Engineer's memorandum and the minutes of the Planning
Commission were reviewed and comments were heard by the Council from the City Staff.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
Attachment VI
.
.
FINDINGS OF FACT
1. That the Subject Property is located in an R-l/A, Single-Family
ResidentiallShoreland and R-3A/Multiple-Family Residential/Shoreland zoning district and
contains approximately 4.7 acres.
2. That the subject property currently exists as two parcels of land as described in
Exhibit A, attached hereto and made a part hereof.
3. That the westernmost parcel is currently occupied by three dock stnlctures that
were originally intended for use by certain residents on Timber Lane. The westernmost dock is
accessed by an easement in favor of the owner of the property located at 5585 Timber Lane.
4. That the Shorewood City Council has agreed to rezone the subject property to the
L-R, Lakeshore Recreational District, upon proof of recording of the deed conveying property
described in Exhibit A to Shorewood Yacht Club that shall contain the following language:
"Grantee shall not convey this property to any other person or entity without including in
the conveyance, the property described on the attached Exhibit A (being the property
immediately contiguous to the subject property lying to the east), without prior written
consent of the City of Shorewood."
5. That a clubhouse facility, a caretaker dwelling, a boat launch ramp and boat
docking for 80 sailboats plus 2 management slips currently occupy the site.
6. That, in addition to the water harboring of boats, the Applicant's application
proposes the following activities for the subject property: 1) sailboat rental; 2) sailing school; 3)
incidental boat sales; and 4) storage of weed harvesting equipment.
7: That the Applicant proposes to extend a fourth pier from the westernmost existing
pier on the site, increasing the number of boat slips from 82 to 117.
8. That the Applicant proposes to constnlct a small pedestrian bridge between the
existing Yacht Club property and the newly acquired westerly parcel.
9. That the Applicant proposes to locate a small sailboat storage rack for the use of a
youth sailing school which will be conducted on the westerly parcel.
10. That the Applicant proposes to erect a boat dock frame and canopy on the
westerly parcel to be used as a shelter for the youth sailing school.
11. That the Applicant's plans show parking for 121 vehicles.
12. That the Applicant's plans are illustrated in the site plans shown on Exhibits B
and C, attached hereto and made a part hereof.
2
13. That the subject property is located on a lake with at least two public accesses and
is at least 5000 feet away from any other multiple dock facility.
14~ That the subject property currently displays three signs, whereas the Shorewood
City Code limits the number of signs in the L-R District to two.
15. That the City has no record of complaints of noise in recent years relative to the
subject property.
16. That the Applicant proposes additional landscaping and screening along the west
side of the site, abutting the shoreline of the lake and along the south side of the H.C.R.R.A.
right-of-way and along the south side of the site abutting County Road 19, as shown on Exhibit
D, attached hereto and made a part hereof.
CONCLUSIONS
. 1. That based upon the foregoing, the City Council hereby grants the Applicant's
request for a conditional use permit for a sailing yacht club at 600 West Lake Street.
2. That this approval is subject to the following conditions:
a. The Applicant must comply with the requirements of Section 1201.24 of the
Shorewood City Code and must obtain an annual license for the facility, pursuant
to Subd. 10 of that section.
b. The Applicant must obtain a multiple dock license, special density license and
necessary variances from the Lake Minnetonka Conservation District.
c.
The permit shall be limited to the docking of sailboats, except for three power
boats used by the management of the Yacht Club. In addition, the dock located at
the westernmost end of the subject property shall be limited to one boat owned by
the residents of 5585 Timber Lane. Weed harvesting equipment shall not count
against the allowable number of power boats.
.
d. The proposed buildings shall be constructed as shown on Exhibits B and C,
attached hereto and made a part hereof, and must be constructed in compliance
with the Minnesota StateBuilding Code. ..
e. Landscaping shall be installed and maintained according to the approved
landscape plan as shown on Exhibit D, attached hereto and made a part hereof.
Landscaping shall be completed by 15 June 2001.
f.
Hours of operation shall be as follows:
Sunday through Thursday:
Friday through Saturday:
6:00 A.M. to 10:00 P.M.
6:00 A.M. to 1:00 A.M.
3
g. Dock quiet hours shall be between the hours of 10:00 P.M and 6:00 A.M.
h. Sailboats, when not in use, shall have their halyards secured by such devices as
will minimize any noise that may be caused by them.
1. Right-of-way shallbe given to all barges and work boats being used by the
adjacent dredging company.
J. Any radios utilized on-board sailboats shall be kept below decks with their
volume at a discreet level.
k. The Applicant shall install a solid core steel. door on the gasoline storage shed, per
the requirements of the Fire Marshall. Gasoline storage shall be limited to that
which is used by the management of the Yacht Club.
1.
.
m.
The shelter for the youth sailing camp shall be a seasonal boat dock canopy to be
taken down at the end of the sailing season.
The storage rack for the youth sailing camp shall be located 50 feet back from the
. ordinary. high water level of Lake Minnetonka.
n. The access drive from Timber Lane to the westerly portion of the site shall be
gated and locked except for occasional maintenance activities. The driveway
shall not be used as access to the youth sailing camp.
p.
. q.
r.
s.
o. No dredging is anticipated as part of this permit. Any future dredging requests
will be subject to normal dredging permit procedures.
Any dock pilings to be installed must be driven as opposed to a jetting method.
The American Disabilities Act parking spaces must be constructed consistent with
the State Building Code and are subject to the conditions imposed by the Lake
Minnetonka Conservation District.
Curbstones shall be installed for each parking stall on the site.
The overflow parking area shown on Exhibit B in the southwest corner of the site
is not approved as part of this permit.
t. Prior to any further work being done on the site, the Applicant must provide in
recorded form. evidence that the deed for the land described in Exhibit A, attached
hereto and made a part hereof, contains the following language:
"Grantee shall not convey this property to any other person or entity without
including in the conveyance, the property described on the attached Exhibit A
(being the property immediately contiguous to the subject property lying to the
east), without prior written consent of the City of Shorewood."
4
.
.
u. The Applicant shall submit a signage plan for the property in compliance with the
requirements of the Shorewood City Code.
3. That the Applicants have satisfied the criteria for the grant of a variance under the
Shorewood City Code and has established an undue hardship as defined by Minnesota Statutes.
4. That based upon the foregoing, the City Council hereby grants to the Applicants a
setback variance for the parking lot as shown on Exhibit B, subject to the conditions set forth
herein.
5. That the City Administrator/Clerk is hereby authorized and directed to provide a
certified copy of this resolution for filing with the Hennepin County Recorder or Registrar of
Titles.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 27th day of
November 2000.
t2r::J
WOODY LOVE, MAYOR
ATTEST:
CTING CITY ADMINISTRATOR/CLERK
5
)escri ~tion;
?i1rce:' 1::
rhat. J:art of GoverDnlent Lot; 2, Section 34. ToWnship 117. Range 23. described
is follows: Beginning at the intersection of the southerly extension of the
Sast line of Lot 24, "Auditor'S SUbdivision Number 313, Hennepin county,
dinnesota" with a l:i.ne drawn parallel 'with and 25.00 feet SO\ltherly from the
:enter line of the railroad track of the Chica.go and North western
rransportation COllQ;liUly (formerly the Minneapolis and st. LO\lis Railway
=ompanyl J thence Westerly along said parallel line a distance of 621.26 feet1
:hence southeasterly 29.64 feet, more or less, to a poibt which is on a line
1rawn parallel with and 50.00 feet Southerly from center line of said railroad.
:rack and 606.53 feet Westerly along the last described.parallel line from the
Sou.therly extension of the !last line of said t.ot 24; thence Westerly along the
Last described. parallel line to the West line of said Government Lot 21 thence
South along sud West l~ to the.center line of 'county Road Number 19J thence
~ortheasterly along the center line of coonty Roa..d Number 19 to the Southerly
extension of the East line of said Lot 24; thence Nortb alnng said extension
to .the point of beginning, Hennepin County, Ki.tmesotia.
parcel 2;
.
rha t pa.t of Government Lot 2, Section 34, 'l'OWnShip 11?, Range 23, described
&$ follows: Beginning at the intersection of the East line of Lot 24,
"Auditor'S SUbdivision Nurllber 313, Hennepin county, MiMesota",' with a line
drawn parallel with and 18.00 feet Northerly from the center line of the
raiJ.road track of the ehicago and North Western '1'ransportation C~
(formerly the Mianeapolia and St. Louis :Railway Company) I thence westerly
along said para.llli:L line a distance of 639.2'1 feet; thence Northwesterly to
the southwes t corner of Lot 25, "Auditor's SU.bdi visi on )1wllber 313, Hennepin
countY, HiMesota", thence !last.Jrly along the SO\ltherly l:i.ne of said Lot 2S to
the Southerly extension of the East Une of said Lot 24; thence South along.
said ex.tension to . the point of begimUDg.
Except.. that por.tion' of the above parcelS 1 and 2 embrace4 within Lot 291
luditor~s SUbdivision JlUmber 13.5 Hexmepin c.oun.d, HiMeseta.
"l-
.
Parc~li3: .
rhat~rt of Lot 25. lying Westerly of the following described line; .
Commencing at :the southeasterly corner of Lot 24: thence South along the Bast
line of said Lot 25 a distance of 24.30 feet, thence deflecting right 79
degrees 2S minutes 40 seconds a distance of 406.48 feet: thence deflecting
right ~ degrees 49 minutes 20 seconds to a point on the southerly line of
said Lot 25 which 1s the true point ~f beginning of the line being deacdbed1
thence continuing along last described line to the shore line of.Lake
Hinnetonka and there ending, "Auditor's subdivision !lumber 313, Hennepin
Cnunty, Minnesota." .
..
Together with a 12 foot easelJ\J!lnt for road purposes, the center line of which
is described as follows; Commencing at the southeast corner of Lot 24 af
said Auditor's SUbdivision: thence south along the Zast line af said Lot 25, a
distance of 24.30 feet to the point of beginning of the line beinq described,
thence deflecting right 91 degrees S9 minutes a distance of 379.0 feet: thence
deflecting right 58 degrees 52 minutes a distance. of 46.06 feet to a point on
the Bast line of above-described property and there ending, as shown in deed
Document NUmber 1052891, riles of Registrar of Titles: (as to Parcel 3)
.parcel 4:
'l'hat part of GoveX'ZDl\ent Lot 1, Section 34, township 117, Range 23, described
as Lot 293, Auditor'S Subdivision No. 135 and adjacent 60 feet of
Minneapolis and St. Paul SUburban Railway abandoned right-of-way (HO'l'1!:: Lot
293 all under water) ..
Exhibit A
.
.
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236
FAX (952) 474-0128. www.cLshorewood.mn.us. cityhall@cLshorewood.mn.us
MEMORANDUM
TO:
Planning Commission, Mayor and City Council
FROM:
Brad Nielsen
DATE:
29 May 2003
RE:
Shorewood Yacht Club - Amendment to L-R District
Requirements/Amendment to Existing C.U.P.
FILE NO.
405(03.16)
BACKGROUND
Mr. John Cross, representing the Shorewood Yacht Club (SYC), located at 600 West
Lake Street (see Site Location map - Exhibit A, attached), has requested an amendment
to the provisions set forth in the L-R zoning district that restrict multiple dock facilities in
Gideon's Bay to sailboats only. He also requests that a similar requirement contained in
his present conditional use permit, be amended as well. His request is explained in a
request letter, dated 30 April 2003 (see Exhibit B).
As most of you are aware, SYC was rezoned nearly three years ago to be included in the
L- R, Lakeshore Recreational zoning district, and was granted a conditional use permit to
operate a multiple dock facility. There was considerable background associated with
those previous actions that will not be reiterated here. Rather, the resolution, staff
reports, and minutes from related meetings are attached for your review:
. Attachment I - Original Court-ordered C.D.P.
. Attachment II - Planning memorandum, dated 27 Sept 2000
. Attachment ill - Engineer's memorandum, dated 1 Nov 2000
. Attachment N - Planning memorandum, dated 1 Nov 2000
. Attachment V - Planning Commission and Council meeting minutes
. Attachment VI - Resolution No. 00-111
#..
~J PRINTED ON RECYCLED PAPER
#8. E.
.
'- Memorandum
Re: SYC Zoning and C.D.P. Amendments
29 May 2003
In addition to this background material, you are urged to review Section 1201.24 (L-R,
Lakeshore Recreational District) of the City Code.
ANAL YSIS/RECOMMENDATION
A. Current Requirements..
The Yacht Club operates under a conditional use permit (see Attachment VI), pursuant to
Section 1201.24 of the Shorewood City Code. Section 1201.24 Subd. 10.d., which states:
"d. Issuance of a license shall take into consideration the historic use of the site
under consideration with respect to the use of power boats. With the exception
of power boats necessary for the operation of the facility, water harboring of
boats on any site located in Gideon's Bay shall be limited to sailing boats only. "
The conditional use permit contains the following references to sailing boats:
Pg.3 "1. That based upon the foregoing, the City Council hereby grants the
Applicant's request for a conditional use permit for a sailing yacht club at
600 West Lake Street. " (emphasis added)
"2.c. The permit shall be limited to the docking of sailboats. exceptfor
three power boats used by the management of the Yacht Club. In addition,
the dock located at the westernmost end of the subject property shall be
limited to one boat owned by the residents of 5585 Timber Lane. Weed
harvesting equipment shall not count against the allowable number of
power boats. " (emphasis added)
.
These are the provisions that the applicant proposes to change, eliminating any distinction
between power boats and sailboats.
B. Zoning Text Amendment.
Section 1201.04 Subd. l.d.(l) of the Zoning Code sets forth the factors to be considered
in evaluating zoning text amendments and conditional uses:
"(1) The Planning Commission shall consider possible adverse effects of
the proposed amendment or conditional use. Its judgment shall be based upon
(but not limited to) thefollowingfactors:
(a) The proposed action has been considered in relation to the specific
policies and provisions of and has been found to be consistent with the
official City Comprehensive Plan.
(b) The proposed use is or will be compatible with present and future land
uses of the area.
-2-
Memorandum
Re: SYC Zoning and C.U.P. Amendments.
29 May 2003
(c) The proposed use will not tend to or actually depreciate the area in
which it is proposed.
(d) The proposed use can be accommodated with existing public services
andwill not overburden the City's service capacity. "
It is recommended that the Planning Commission and City Council review policies set
forth in the Comprehensive Plan, particularly the Natural Resource section and the Land
Use section of the Plan, in conjunction with this request.
.
.
C. Current Zoning Status.
As you are well aware, the City cited the Yacht Club last year for operating without a
license and in violation of the existing conditional use permit. The violation was resolved
in the City's favor in District Court. As of this writing, the Yacht has a license for 2003
and does not appear to be renting slips for power boats. There are, however, two items
which need to be addressed at this time: I} the access to the property was to have been
"gated and locked" except for occasional maintenance; and 2) not all of the required
landscaping appears to have been installed. These matters should be resolved prior to any
official action being taken on the present application.
A public hearing has been scheduled to review the applicant's request on Tuesday, 3 June
2003.
Cc: Craig Dawson
Tim Keane
Larry Brown
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Exhibit A
SITE LOCATION
SYC - Code amendment/C.D.P, amendment
MINNETONKA
MOORINGS
MAY 2 2003
April 30, 2003 L._~~.._.,,,,,~.:.,'
City of Shorewood
5755 Country Club Road
Shorewood, MN 55331
.~-- '_~ M..........
.
Shorewood Yacht Club (SYC) was designed in 1979 to be a first class
Yacht Club for approximately 130 boats, to serve the residents of
Shorewood and the surrounding area. It was recognized that many of the
residents of Shorewood needed good access to Lake Minnetonka, one of the
great assets of the City. The location ofSYC on County Road #19 is one
that affords good access without generating traffic through a residential area
of the City and sits next to a commercial dredging company. It is well
separated from the residential areas of the city by the Hennepin County
Trail. It was to be built in phases. Phase I was constructed in 1978 and
involved the construction of three piers for 82 boats.
.
Phase II, the second and final phase, of SYC was worked on by the
owners of SYC for many years. Finally in 1998, SYC was able to purchase
the land west of Phase I so as to complete the initial design of SYC. At that
time Pier Four was added bringing the total number of slips to 117. The
land west of SYC was historically used for the docking of seven powerboats
being owned by several neighboring residents. The docking of 4 powerboats
is permitted by present zoning and permitting.
Discussion
Lake Regulation Regulation of the boating on Lake Minnetonka has
been granted to the Lake Minnetonka Conservation District (LMCD by the
cities surrounding the lake. LMCD does not limit any marina on the lake to
that of docking of sailboats only. In fact the Howard's Point Marina in
Shorewood, about one mile west of SYC, is not restricted by the City of
Shorewood or LMCD as to the rental of its slips to only sailboats. LMCD
has no objection to the docking of powerboats in Gideon's Bay by SYC. In
fact LMCD has not even imposed a no wake area in Gideon's Bay.
NORTH OFFICE
600 WEST LAKE STREET. SHOREWOOD . MINNESOTA 55331
phone: 952.474.0600 fax: 952.474.9755
SOUrI-r OFFICE
1585 TARPON CENTER DRIVE. SUITE 28 . VENICE. FLOR
phone: 941.485.6700 fax: 941.486.9119
Email: onboarcl@onboardsail.com www.onboarclsail.c
Exhibit B
APPLICANT'S REOUEST LETTER
Dated 30 April 2003
.
.
Page Two
Current Changes In recent years powerboats have becon1e quieter.
LMCD regulates and limits the noise generated by boats on the Lake.
Powerboats continue to be popular for lake recreation. The number of slips
on the Lake has been reduced in the last several years with the conversion of
Marinas' into townhouse use and other residential uses and the restructuring
of Gray's Bay Marina into a public access. Thus the demand for powerboat
slips has increased on the Lake.
Sailboats and Power Boats Both power and sailboats have fossil fuel
engines to provide for propulsion. There is no evidence !mown to SYC that
either type of boat is more or less dmnaging to the environment. Both boats
have propellers to move them in the water. Boats are required by Minnesota
law to operate in a safe manner so that they do not endanger other boats or
persons or property by their wakes. SYC requires that all boats in their
marina operate as "no wake" or at idle speed as they exit the marina and
proceed through the channel to the center of the bay. Powerboats from other
parts of the Lake operate in Gideon's Bay and generate much nlore noise and
wake than that of boats exiting SYC.
Conclusion SYC is a long time resident of Shorewood, a taxpayer, a
service to the residents of Shorewood and the surrounding area. In order for
it to continue as an asset to the City and be competitive with other marinas it
should be allowed to dock both power and sail boats. There is no reasonable
public purpose to impose a limitation on SYC prohibiting renting dockage to
powerboats.
Request Therefore, SYC respectfully requests that the City of
Shorewood amend its ordnance and special use permit to SYC to permit SYC
to rent its docks to either sailor powerboats.
Sincerely,
,., ,.-.",,;e.
, , , ," '-1.. I{ I.., )" -,,' .-i?
."'''''.~ ~';., /." . f './ , ~- ~ -,.."....<..'
{" ,~';"" . c.'--~""-
John H. Cross, President
Minnetonka Moorings, Inc.
dba Shorewood Marina & Yacht Club
JHC/jal
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. For 80 slips
.: :
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RESOLUTION NO.24...:l9
I.
I .
:. -WHEREAS, in March of 1976 MinnetonkaMoqrings, Inc., made
~PPlicati~n:to the City ,of Shorewood requesting ,~ conditional
use permit to use part of' Lot 25, Auditor's Subdivision No. 313.
and Lots ~88, 297, 304 and part of Lots 305 and 290, in Auditor's
~UbdiVisj~n'No.. 135, for a yacht ,ciub with 125 slips to store
.sa,i~boats,. for game, courts such as tennis. the use of. a structure
.'. ~ocated ol'l; the property for a ciubhouse, and for parking and
wintep. storage. of sailboats , . and
. WHER::E;AS;th.e property in question is located in theR-l
.' s,ingl. e fa~ilY reo sid~nce district wherein a "yacht club" is a
s~ated cori,ditional use ,and.. .
, ' WHEREAS ,..'the Planning COIiUlliS~icin of the City of Shorewood
I . '. .
,h;eld pu,.blichearings on :the requ.e'.stfor the c?ndi tional use permit
,ahd 1:heCity'~6uncil did receive the recommendations of the Planning
C:ommission.; 'and'
,
. .
WHEREAS, the "Shotewoo.d Zoning' Ordinance, be ing Ordinance No. 77,
I. . , '.' .,
ip Section. 7.,. sJets . forth the.. standards and conditions by which the
'CJ. ty . Council, may'grant conditional Use permits, and
I . . . . . '. . .
I . . .
. wHEREAS, theC,i ty Council did consider the' nature of the
.. ~quest;' r~commendation~, of the Pianning Commissiori,' testimony of'
~e public' ~d tne requiremen~S?f Ordinance No~'77"and did deny
the' requ~ste~ conditional. use permit on a'3 to 2 vote by Resolution
No. 50.{l-77'- adopted'July 25, 1977, and
~~AS, the applicant thereafter oommenced an action in
H~nnepin County District Court to' obtain a writ of mandamus to
,.... compel the, City Council to issue the requested conditional use
permit and: the Court did, on August 21, 1978, enter its Findings
of Fact, C?n~lusions of Law and Order for Judgment finding that
, t~e City C~Uhcil's denial of .the request for' said cortd~ti9nal use
'. . p~rmit was; a:rbi trary ,ur;U:-ea.sonable ..capricious and void artd did
, c~nclude' that theapplica'nt was entitled to a judgment i'compelling
t~eCity of Sho~ewood and its Council to issue a conditional use
'permit to :peti~ioner for a yac:ht.club as applied for by petitioner";
. .
and
, I
Attachment I
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WH~~; the City Council did subsequently vote to forego
"art appeal :of said Order, but the Gideon's Bay Homeowners Associa-
t:ion did p'etition the Court and was permitted to,' intervene in said
m~tter an~ file an,appeal of said Order to the Minnesota Supreme
c,ourt and said appea;L is, now under consideration by the Supreme
Court, and
WHEREAS, as a, result of tne ;terms of permits as granted by
the, Lake Minhetonka Conservatlon District, the Depart~ent of
N.atu~l ,R.es.our<:;es and the Minnehaha Creek Watershed District,
" the ,appHbant l1as submitted a revised plan to the' Cityprovidil'1g
"".f~or'8o::~ailbbat 'slips:,' r:ath~r than'125, and reducing the number
:,"6:f parking Si:llic~s from 'that originally requested,
. NqW~ ;nIEREFOREi BElT, RESOLVED by the City Council of the
. qity of S!jorewood. as follow':
" i' , ,L',That a conditional use permit fora yacht club pursuant
, , 1;0, 'Oroii'iarice N~,.77, ,Sec. 18, Subd. 3D, and the conditions here-
, i" a.ftersp:e~ifie~is h~i:'eby, granted to the Shorewood Yacht Club, Inc.
" ,,2. ' 'ThB.t'said,'conditional'use permit is subject to the effect
, ',,~f,e:x;isting 'prde):rsof the, Herin,ei>in County District Court and the
'~i:gh~ tocoritiz:tue' operatio~of the yacht club 'pur~uant to said
llerrnitis.'subject..to, ,ariy' further orders of said, Court and is
,~urther s~bject~o dispbsiti6n of:the appeal currently before
the Minnesota SupreineCourt and shall terliiii1ate in. the event said
qourt ,shoUld: reverse ,the',judgmen:t entered in the Henn~pin County
*stric.t d9urtcompelling the, Couneil to bsue this permit',
.': ' . , ,. ~~tnotwithB-tailding that the original application pro-
", ' posed" installation of l25sallboatslips and the Hennepin County
'. .-.,' ":'.. 1 ..
'i', pisirict Court or'der.ed ,issuance of a pet'lllit "as applied forll,
., in light of the fact that theapplica~t has now submit~ed a re-
vised-plan proposing SO 'slips, the conditional use permit hereby
, granted shall be ~or eo,'slipsonly, as described in the revised
"plans 'of March ,9, 1979,b~t 'is nevertheless issued Un~er and pur-
suant to the original application and the order of the Court of
August 21, i97~.
, 4. ~~~ said conditional use permit shall' b~ valid and
effective ,orily so long as and during such period of tiine as the
applicant continues to hold valid permits for 80 sailboat slips
, granted by the Lake Minnetonka Conservation District, the Depart-
ment of Natural Resources, and the Minnehaha Creek Watershed
District.
-2~
" I
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" I. I. .... _ .. .'
.: ". .5~;. That said':conditi6ii.~1 use permi"t.is' gr"ai1t~d subject
to CClmJ?li~6e by ShOrev,ood 'Yacht Club; with-the foliciwing conditions:
.,' .' :" ..dock...;.... . '. .... . .'. ". ......... . .... . .
.' I' .' . a.: The',iPermi:f;':shailbe:. effe.ctiV~.fo~a::'perioa' of.
. :..).one 'year 'froiIlthe effective da1;e. there6fsubjectf'
howe;ver, to. anrii.1al..re:Q:e.\..ral under E!-ppropria~e cir.":.
cUIDstance s. .
.... . .... . '.
~,' :.:i,.;...:.... .,:;~:~::~;~}::/:~'?;}f;":'.. '. .,..
,.' ." c.' ,ConstrUc1fion affectllig drainage 'patterns shall be
. .'. . tn "accordance wi th . the per!l1i t appl;'ovals grantep..' by.
,'.' . the .Mi~ehaha. Creek Watel'shed District. datea:December 7,
. .19,78 a.nd the' Mittilesota Department of Natural. Resources
da;ted. March ;l..5~..1979.: . ..... . . . .... '.
": ~.' ."''- ~. . " . . . .' '. ..-",. .., .: .0-, .
...:.' '.~..i"The' num.bei..~fparking:-spaces prov:ided'"shali
, . ...... . be': in . ac::pordafic.e. with....:thr pl.ans.:subniit:ted ~ttated
. :March 9;' 1979 ,and. as required in the' perm~ t. of
; .the 'Minnehaha .Creek Watershed District.. dated
., De'c'ember 7 1978. . .':-: '.' ......, .;
"'..' ; ~; i '.. . j -,.' '......,.. '. ;'. ~...1 ':..... ' .' . :. .: ' '. .
e; : 'The . permit s}:1all be iimi ted . to the mooring of .
S!'li:JJ)Oats, :exbep~' .:.twb. ':.power boats'used by the
. .'. Di~~e~ent.in ~~,i,~,~i}~:~dh001.:,;' ....
.''(~: ".;~he f()l16wihg:t:acl~i'ti~s shaH. be. ~or1ilie 'use .
. of. 'metD.berl!"onl;y-L ' '. " ." .
. ...~'. ,~: '....,.- .:<_.....;._~ ..:.'''- ;'",' q",',.:..
...,...~.;(.i) . .~~unchin:g'ramp.. .
. ;
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'.'
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b.; :The.'permit shall be fpt' the la.nd~l~ga.lly'desc:dbed
'on plan sheet,2 of the plans submitted t6 t~e', Ci ty .
d~te'd. March 9.,' 1~?9. , '. '.' . . '. ..... ..'
,
I.
i
..' '. : '.'~ .
'. ';' {2)
Parking:ar.Ei~s'
.. ", . '. .'.: '. {:~), Clubho~se
::':, '.> ;:'.>~):'~ariit~tiO'~ faciii ties
.:.>.(.~),.:Pi.un~ 'out:.
'.1'.
,
, ',j ~ .
:. ';:'
. ~.;:.':''''''''''~:'~ :.
'.i~}>. :".-1
.,:
~ " ."
(6)' suinmer/Winter storage
.h.: Hours of: club operatiori~ .
. ". .,.. "(;losing, time. (Sunday thrO~gh 'Thursday.):' .10 :00 p..m.
" .' . ." .' (Friday through Saturd~Y):.' 1":00 a.m.'
., .. .; :. .... . '- .' ~ .... ,'...,. '.'
'..:L<:"D6ck quiet,h6tirs shal.l be: between\th~ hoUrs' of . .
:'.,,16..:q~'p.m,:~'8.:0o. a.m..~.;. .... ..... :.;.'
. ':.' j .:'::~ailboais when riot, in use: shali ha:ve:theit-'
.ha:1.y"ards~e!eMred : by:: SUch dev;l.c~s as:wi,ll tninimi~e
.' .~Y:'.b.Oise, W~iCh.~i~ht.~e. 9a~sed byth.e~. .... .. '.
: k.~ 'Right-oi'';way..Sllall be 'given to all,bargesari.d
.work .boats 'being:'u:s~d. '9Y theadjage~t dredging cqmpany.
-;I.'
,,":3~
"~~ That th~ conditional use permit herein granted shall not
b~ effective, until the applicant has provided the City with t.he
f~llowirtg ~tems~
a.: Evidence that Minnetonka Moorings, Inc. has
co~p~etedpurchase under a previously documented
Purchase Agreement, with Chicago, Northwestern ,
,Transportation Company for the acquisition of ,two
'parc'els'ofrailroad right-of-way (described on plan
shee.t 2 of the revised p:l:.ans dated March 9, 1979)
such that it 'possesses 'the requisite control and
,dominion 'over said railroad right-of-way parcels
re~uired by Ordinance No. 77, Sec. 7, Subd. 3.C.2.
,b. Evidence of a,license from Chicago, Northwestern
Transportation Company for purposes of access across
the railroad right-of-way to that portion of the
subject property which lies northerly of the rail-
road rightrof-way. .
"
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1.: Membership sha~l be geared as much as possible
to'accomodate Shorewood residents.
m. Anv radios utilized on-board sailboats shall be
kept below decks with their volume at a discreet
le~el. '
n.: No members' pets shall be allowed on the premises.
0.: Pedestrian crossings of the railroad right-of~w3Y
shall be permitted and provided on the blacktop access
dri v:eway only.
"
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. . . -- .
c.~, An executed lease 'between Minnetonka Moorings,
,In,c.~, and Shorewood Yacht Club, Inc., coveri:Q.g ,
Parcels A andB, the two parcels of railroad right-
of~way acquired, and the access qriveway as described
0~'plm1, sheet 2 of the revised,plans of March 9, 1979,
p~o~idingthe beneficia~ use thereof to Shorewood
Yacht Club, Inc. '
Upori,ilirig of suchevid~rtce with ~heCity the same shall be
're~erred ~:theCity Attorney fcirreview and upon his written
,approval thereof, filed with the: City, the permi;t shall become
effective.
" " :,'7 ~ That the conditional Use permit hereby granted shall not
,:~ : constitute authorizati~nto place fill Upon~etlands nor constitute
a buiiding perlJiit for any alterations or improvements'of any
structures located on the subject property. Separate permits
'sPall be requiJ:.ed from the CitY, for such of these activities as
'are contemplated, if any.
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,,(
Upon '"o,te being taken,the following voted "aye":
I~i.l'a;':i.i:."'r~, lk:.uf::t"'11, N"'l"'~'''to.~le,. ~;tVl,.w.
,apd the following voted "nay" :
'1
e'
Nr..nc
.( 1(,.'\',1 f~I'Abl:,:O'lllL)
ADOPTED by the'City
,I '
1979. .
"
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\,
Tit. -It,
Council this 21, -. day of //'{fM,;t.Jr..,1
-5-
CITY OF
SHOREWOOD
"
5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236
FAX (952) 474-0128. www.cLshorewood.mn.us. cityhaIlOci.shorewood.mn.us
MEMORANDUM
TO:
Planning Commission, Mayor and City Council
.
Brad Nielsen
FROM:
DATE:
27 September 2000
RE:
Shorewood.YachtClub - Proposed Rezoning, Comprehensive Plan
Amendment, Conditional Use Permit and Variance
FILE NO.:
405 (00.27)
BACKGROUND
.
John and Judy Cross, Representing Minnetonka Moorings, have submitted an application
for the rezoning of their property at 600 West Lake Street (see Site Location map -
Exhibit A, attached) from R-INS, Single-Family ResidentiavSho~land to L-R,
Lakeshore Recreational. They also request a conditional use permit for the existing
caretaker dwelling on the site and for the outdoor storage of boats on the property.
Certain existing conditions on the site necessitate the processing of a variance
application. Finally, since the applicants propose to add property and dockage to the
existing site, they have requested an amendment to the Shorewood Comprehensive Plan.
The existing yacht club contains approximately 2.4 acres of land, separated through the
middle by the Hennepin County Regional Railroad Authority right-of-way. The site
abuts and is accessed by County Road 19. The applicants have acquired additional
acreage to the west of the existing yacht club and north of the H.C.R.R.A. r.o.w. This
property contains an additional 19,200 square feet of area(.44 acres). Both sites are
presently zoned R-INS. Land use and zoning surrounding the sites are as follows:
ft
~~ PRINTED ON RECYCLED PAPER
Attachment II
.
.
.. Memorandum
Re: Shorewood Yacht Club
Rezoning, Comp Plan Amendment, C.U.P. and Variance
27 September 2000 .
North:
East:
Lake Minnetonka
Minnetonka Portable Dredging; zoned C-4, Service Commercial
and Single-Family Residential; zoned R-lA/S
County Road 19, then commercial (The Garden Patch and
Shorewood Nursery); zoned C-4, Service Commercial and R-C,
Residential Commercial
Townhouse common area, then single-family residential; zoned R-
IBIS, Single-Family ResidentiallShoreland
South:
West:
A clubhouse facility, caretaker dwelling, a launch ramp and boat docking for 80 sailboats
occupy the existing site. The applicants' application describes a variety of activities that
occur on the property (e.g. sailboat rental, sailing school, incidental boat sales, storage of
weed harvesting equipment, etc.). The expansion site is currently occupied by three
docks, the use of which does not conform with current zoning requirements. The
applicants propose to use the property to provide 35 additional boat slips. Except for a
small pedestrian bridge and a storage rack for small sailboats, the expansion site will be
left in its natural state. The additional dockage will extend westerly from an existing
pier.
Plans for the existing property, as well as the proposed expansion are contained in a
notebook prepared by the applicant and enclosed for your review.
ISSUES AND ANALYSIS
Before addressing the proposed expansion of the yacht club, it is important to review how
the existing facility complies with the L-R zoning district requirements. As you know,
the L-R District was amended in September of last year, in order to encourage two of the
existing multiple dock facilities in Shorewood to apply for the zoning. During the
amendment process it was understood that these facilities would not necessarily comply
with all elements of the Code, and that certain nonconformities would simply have to be
recognized as existing deficiencies.
I. The Existing: Site.
A. Comprehensive Plan. Any rezoning must be guided by the Comprehensive
Plan. The Land Use section of Shorewood's Comprehensive Plan shows the
property in question as an area of further study. Under "Lake Access" it
mentions that the L-R District has been revised "to encourage the marina on
Howard's Point Road and the yacht club north of County Road 19 to comply
with City standards." The Chapter Summary goes on to say:
"10. Recognizing certain existing nonconfonnities, seek ways to bring
the Howard's Point Marina and the Shorewood Yacht Club into
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.
.
... Memorandum
Re: Shorewood Yacht Club
Rezoning, Comp Plan Amendment, C.U.P. and Variance
27 September 2000
substantial compliance with the revised Lakeshore Recreational
(L-R) zoning district."
B. L-R Zoning Requirements.
1. Permitted Uses. The only permitted use in the L-R District is water-
harboring of boats. This is subject to an annual licensing procedure
whereby specific standards and conditions are reviewed (see below).
2. Accessory Uses. The L-R District lists off-street parking, a clubhouse
building, one storage building, gas dispensing equipment, and boat rental
as allowable accessory uses. The yacht club has an exi~ting clubhouse
that the applicants propose to expand. Their plans are considered to be
consistent with the Code. The applicants propose to add a storage
building to the south end of the clubhouse. It is consistent with the 1200
square foot maximum area requirement. A small storage building already
exists on the site. Staff s initial recommendation to remove this structure
has been reconsidered in view of its proposed use as a dumpster enclosure.
While a fenced or walled enclosure would typically be sufficient for such
storage, having a roof over the dumpster area will enhance screening it,
particularly from the elevated H.C.R.R.A. trail. The applicants' site plan
should be modified to show the location of this structure. It is worth
noting that neither the expansion of the clubhouse or the construction of
the storage bUilding would be allowed under the yacht club's current
nonconforming use status.
The yacht club does not dispense gas, even to its members; Gasoline used
for their own purposes is stored in a small shed located to the east of the
clubhouse- building. Final approval of the applicants' request should
include a condition that the gas storage be approved by the local fire
marshal.
The applicants' application to the LMCD references public rental of five
or more boats with outboard motors. The L-R District specifically states
that water-harboring of boats in Gideon's Bay must be limited to sailing
boats.
3. Conditional Uses.
a. Single-Family Dwelling. One of the significant changes to the L-R
District was the allowance of one single-family dwelling to serve as a
caretaker residence. In this case the caretaker residence complies with
the setback requirements for the L-R District. It is located 55 feet
-3-
Memorandum
Re: Shorewood Yacht Club
Rezoning, Comp Plan Amendment, C.D.P. and Variance
27 September 2000
from the shoreline. . The only other requirement for the dwelling is that
it comply with Shorewood's Rental Housing Code. Any approval of
the SYC request should include a condition that the existing house be
inspected and conform with the Rental Housing Code.
b. Open and Outdoor Dry Land Storage of Boats and Trailers.
.
(1) Storage of boats must be screened from view of neighboring
residential uses. Since boats are stored in the parking area to the
west of the clubhouse, this applies mostly to the homes west of the .
SYC property. In this regard it is worth noting that the nearest
homes that can see the property are the Gideon's Cove twinhomes
(500+ feet to the west) and homes on Timber Lane that are
approximately 700 feet away to the west. The view of the site is
. quite well screened from view of Gideon's Cove by existing trees.
Despite the proximity of boat storage to the lakeshore on the west
side of the site, there is some opportunity to enhance the
landscaping between the parking lot and the.shoreline. As part of
any approval it is recommended that the applicants submit Ii
detailed landscaping plan for this area that introduces some sort of
evergreen tree. It is not suggested that this be a solid screen, but
should include enough trees to soften the view from the west
.
(2) Storage of boats must be screened from the street. Aithough
property to the south of the site is zoned for commercial use, boats
stored on the south side of the H.C.R.R.A. r.o.w. are somewhat
visible. As in (1) above, there appears to be some opportunity to
enhance screening by adding evergreen trees along the south edge
of the property, along County Road 19. These should also be
included in the applicants' landscape plan.
(3) Storage should be landscaped to buffer other public r.o. w. (in this
case the H.C.R.R.A. trail). Opportunities here are limited due to
the narrow space between the boat storage area and the trail r.o.w.
It is important that existing vegetation abutting the r.o.w. be
maintained. Where possible some evergreen trees should be
incorporated into these areas.
(4) Storage areas must be grassed or surfaced to control dust.. Boat
storage is limited to the existing parking areas. According to the
applicants they presently store more than just their members'
boats, using up virtually all of the existing parking areas. It is
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Memorandum
Re: Shorewood Yacht Club
Rezoning, Comp Plan Amendment, C.D.P. and Variance
27 September 2000
recommended that future outdoor storage of boats be limited to the
spaces currently being used. If the expansion of the site is
approved, this may limit the number of non-member boats that can
be stored on the site.
(5) Lighting of the storage areas does not appear to be an issue. Based
upon a visit to the property, lighting appears to be well managed
and unobtrusive. Any additional lighting proposed in the future
should be subject to Council approval.
.
(6) Some of the existing parking is occasionally used for storage of
boats during the boating season. The applicants maintain that this
does not adversely affect parking. It is recommended that parking
be periodically monitored. If it is found that parking becomes a
problem (e.g. people begin to park outside of areas designated on
the site plan), the applicant should discontinue such storage during
the boating season. As an alternative, overflow parking or storage
could be accommodated in the vacant southwest corner of the site
abutting County Road 19. Since this area provides an effective
natural buffer. its use should only be required if parking becomes a
problem.
.
c. Lot requirements and Setbacks. The site complies with the minimum
area, width and depth requirements of the L-R District. With the
exception Qf parking and outdoor dry land storage of boats, the site
also complies with setback requirements. Perhaps the single most
significant deficiency on the site is the proximity of parking and
storage to the shoreline. It has already been recommended herein to
mitigate the visual impacts by enhanced landscaping. It is further
recommended that the parking areas near the lake be examined by the
. City Engineer, the DNR,and the Minnehaha Creek Watershed District
for possible ways to address drainage directly into the lake.
d. Building Requirements. The clubhouse, caretaker residence and
proposed storage building comply with setback requirements of the L-
R District. Although the proposed storage building is 20 feet high on
the east side, the fact that it is attached to the clubhouse and only the
dredging company property can see that elevation mitigates the height.
There is also merit in being able to house the portable boat hoist inside
the building during the off season.
e. Special and Specific Conditions.
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Memorandum
Re: Shorewood Yacht Club
Rezoning, Comp Plan Amendment, C.D.P. and Variance
27 September 2000
1. The site is located ona lake with at least two public accesses and is
located at least 5000 feet from any other multiple dock facility.
2. Any future construction must comPly with State Building Code
requirements. The caretaker residence should be sllbject to
inspection and compliance with the Shorewood Rental Housing
Code.
.
3. . The number of slips authorized must comply with the requirements
of the Lake Minnetonka Conservation District Code. The
applicants were in the process of receiving LMCD approval when
the City requested that no action be taken.pending the. City's
approval process. The draft findings of fact prepared may be of
some use in the City's licensing of the facility.
4. Parking. The applicants' plans illustrate parking for 121 cars.
This more than complies with the Code for the existing facility's
80 boat slips (one parking space per slip). If the site and dockage
are to be expanded the total parking requirement would be 115.
.
As mentioned earlier in this report, the westerly parking area and
four parking spaces on the north side of the site are closer than
fifty feet from the shoreline. Since the westerly parking area is
crucial to the use of the clubhouse and docking facilities, their
elimination is not practical. As recommended earlier, ways to
mitigate the proximity of parking to the lake should be further
explored.
While paving of the parking areas is not recommended in this case,
the applicants have agreed to pave the driveway entry into the site,
up to the H.C.R.R.A. r.o.w. This is consistent with the Code and
plans for paving the driveway should reflect the heavy weights of
the boats as well as'other heavy vehicles using the Minnetonka
Portable Dredging Company which shares this driveway.
5. Signage. The L-R District allows two signs on the site, one facing
the street and one facing the lake. The existing facility has one of
each, plus an additional sign on its entry canopy facing the east
(Dredging Company).
6. lllumination. Lighting at the existing facility is considered to be
very well managed, balancing safety, security and impact to
surrounding properties.
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"
Memorandum
Re: Shorewood Yacht Club
Rezoning, Comp Plan Amendment, C.U.P. and Variance
27 September 2000
7. Noise. There is no record of complaints of noise in recent years
relative to the SYCfacility. Early concerns of halyards rattling in
the wind were easily addressed by having members wrap the
halyard around the masts. The SYC has gone so far as to impose a
strict fine for members who violate this rule.
8. Drainage. No additional grading is proposed for the property,
except for the construction of the new storage building. Standard
erosion control will be required as part of the building permit
process. As mentioned earlier the City Engineer, DNR and
MCWD engineers will be asked to review and comment on the
existing drainage of the site.
9. Historic Use. The L-R District references the historic use of the
site. It goes on to specifically restrict multiple dock water-
harboring facilities on Gideon's Bay to sailboats. In the past, the
storage of power boats for management of the club has been
limited to two. Any such limitation should not include the weed
harvesting equipment kept at the site.
n.
The Expansion Site. While expansion of the existing multiple dock facilities was
not specifically referenced in the L-R District, it was known at the time that at
least the Howard's Point Marina was considering some expansion. The applicants
have acquired the property immediately west of the SYC site, north of the
H.C.R.R.A. r.o.w. This property was allowed years ago to have three docks for
the use of certain residents on Timber Lane. Over the last several years it appears
to have evolved into a dock rental operation for as many as seven boats. The
docks have been accessed by a gravel driveway from Timber Lane
The applicants' intent is to add a fourth pier to their existing dock system,
providing an additional 35 slips. One of those slips provides a dock for the
property owner at 5585Timber Lane. They also propose to maintain the
easternmost of the three docks for one of their management boats. This also is
. included in the 35. The additional shoreline on this site allows the applicants to
comply with LMCD boat density requirements. In addition to the additional
dockage, the applicants would like to use the newly acquired land for their kids'
sailing school and camp(not overnight). In this regard, they propose to store
several small sailboats on a rack at the east end of the parcel. They also propose a
boat dock canopy on the east end of the parcel to protect students from the
elements. This canopy would be removed at the end of the boating season. The
applicants propose to access this portion of the site by means of a small foot
bridge connected to their main facility.
-7-
.
.
.
Memorandum
Re: Shorewood Yacht Club
Rezoning, Comp Plan Amendment, C.D.P. and Variance
27 September 2000
With respect to the expansion, several factors should be taken into consideration:
A. Parking and Access. As mentioned earlier in this report, the applicants
propose parking for 121 cars. With the new docks the total number of slips
required under the Code is 115. It is highly recommended that access for the
westerly parcel be limited to emergency vehicles only. With the exception of
the proposed canopy and the sailboat storage rack, the westerly parcel should
remain in a natural undeveloped state.
B.Boat Traffic. The proposed docks arrangement suggests approximately a 40
percent increase in boat storag,e and, presumably, 40 percent more boat traffic.
The applicants estimate that their average use on w~ekdays is up to 10 percent
of the members, with weekends up to 30 percent (approximately 24 boats
currently). Multiplying these figUres by 40 percent suggests 11 boats on
weekdays and 34 boats per day on weekends.
It is worth noting that out of necessity the sailboats using the facility must
follow a well defined channel, marked by buoys. The applicants advise us
that no additional dredging of the lake bottom will be required to
accommodate the new slips. Those on the inside, where the water is
somewhat more shallow, will accommodate smaller sailboats that have swing-
up keels.
C. Existing Dock Rights. If the expansion is approved, a stipulations should be
placed in the permit for the site that the westerly dock must be strictly limited
to one boat, for the exclusive use of the residents at 5585 Timber Lane. The
dock shall not be rented out.
RECOMMENDATION
The rezoning of the 'existing site is relatively uncomplicated, provided the
recommendations included herein are included in the approval. The expansion is
somewhat more challenging, but presents an interesting opportunity for the City to
achieve greater control over the property. Input from area residents will undoubtedly
raise issues not addressed herein. Assuming those issues can be adequately addressed by
the City,.it is recommended that the rezoning and Comprehensive Plan Amendment be
favorably considered. The applicants' next step would then be to make a formal
application for a Comprehensive Plan amendment, during which time staff should be
directed to prepare an ordinance and resolution approving the rezoning and conditional
use permit, respectively.
Cc: Larry Brown
John and Judy Cross
-8-
.
DUCK ISLAND
& FROG ISlAND
N
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500
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500 Feet
I
EXhibit A
SITE LOCATION
Shorewood Yacht Club - Rezoning
.
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD' SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236
FAX (952) 474-0128 . www.ci.shorewood.mn.us. cityhall@ci.shorewood.mn.us
:MEMORANDUM
TO:
Planning Commission, Mayor and City Council
Brad Nielsen, Acting City Administrator
Larry Brown, Director of Public Works ,) t. ./
(p
November 1, 2000
FROM:
.
DATE:.
BE:
Shorewood Yacht Club Proposed Rezoning, Comprehensive Plan Amendment,
Gonditional Use Permit and Variance
Existing Conditions:
. The existing site is located at 600 West Lake Street, and is presently owned and operated by John
and Judy Cross as the Shorewood Yacht Club (refer to Attachment 1 for the site location map). The
existing site is 2.4 acres in total that is bisected by the Hennepin County Regional Rail Authority
(HCRRA) right of way, in an east-west direction. . '.
.
The portion of the site north of the HCRRA right of way is bounded: by shoreline of Lake
Minnetonka on the north, MinnetonkaPortable Dredging Company on the east and the HCRRA
right of way on the south. For reference of this report, this portion of the parcel will be referenced
as "Parcel AI." (Refer to Attaclunent 2).
, .
The remaining portion of.the parcel is immediately south of the HCRRA right of way, and is
comprised largely of wetland area. Approximately 0.3 acres of upland also exiSts.that is utilized as
additional boat storage space. For reference of this report, this portion' of the existing parcel will be
referenced as "ParceIA2." ,K. ..
'. .~tRt,
The applicant has acquired. an addition~44 acres located immediately west of parcel A~ and north
of the HCRRA right of way, an~TimberLane. This site currently'exists as open field.
For reference of this report, this parcel is referenced as "Parcel B."
n
~~ PRINTED ON RECYCLED PAPER
Attachment III
.
.
..
Planning Commission,
Mayor and City Council
Shorewood Yacht Club
November 2, 2000
Page 2 of4
...:...
RightofWay, Easements and Parking
The sUlVey for the existing site indicates that the proposed parking shown along the northerly edge
of Parcel A2 is within the HCRRA right of way (refer to Attachment 3). The applicant win be
required to obtain an easement from the HCCRA for this parking area to be utilized.
Plans also indicate several parking spaces around the structures. It appears that these Ue8.s may
'double as boat storage, during the off-season. While it is reasonable to double up on the use of the
impervious surface for both parking and boat storage, the City requires that one parking stall per
boat slip be provided. It appears that the swapping of the use of the parking and storage area
dependant upon customer demand is an efficient use of the space. The Planning Commission and
City Council win need to determine if the joint use of the spaces is acceptable.
The plan does not indicate any designations to comply with the American with Disabilities Act
(ADA) requirements. Under state law, the new addition requires the designation of handicapped
accessible parking spaces. Under this proposal, the applicant will need to provide one "van
accessible" parking space and four additional handicapped parking spaces (refer to Attachment 4).
All of the parking spaces must be paved to provide a suitable surface for ramp loading and
'unloading.
It should be noted that the ADA requirements call for five designated parking'stalls, based upon the
total number of parking stalls proposed. At the time of this report, it is unclear as to whether a fewer
number of stalls would be required based upon parking requirements versus floor space as cited in
the Uniform Building Code (versus the City's Ordinance). City Staffs recommendation is to, remain
with the five designated ha,ndicapped parking stalls indicated above. However, if the applicant's
engineer can adequately ,certify that the State ADA requirements may justify a fewer number of
stalls, then the recommendation can be revised to reflect such a finding.
, Grading and Drainage and Erosion Controls
Parcel AI: With the exception of the entrance drive, the topography for Parcel Al varies from 934.0
at the southeast comer of the site to 931.5 at the shoreline. The offices for the yacht club reside on
this portion of the property.
This parcel is largely an aggregate surfaced area used for boat storage. The proposal indicates that
the parking area is to remain as an aggregate surface. Staff has considered the tradeoffs for a gravel
surface versus a paved surface, as it relates to water quality.
.
.
.
Planning Commission,
Mayor and City Council
Shorewood Yacht Club
November 2, 2000
Page 3 of4
The following is a comparison of the issues of an aggregate surfaced lot versus a paved lot
Issue - Consideration
Expense
Transport of fine particulates
from surface to the lake
Minor spills (drips) of gas
or oil
A22re2ate Lot
Paved Lot
Cost Effective
Expensive
High probability
during severe rainfall
events
None
Can be addressed with
minimal expense
Typically not
addressed -:- too
expensive
In general, there is very little absorption of surface runoff that occurs on an aggregate lot. Th~se
types of surfaces tend to become very compact due to traffic, and operate similar to a paved surface.
Inspections of the site after minor rainfall events show that there are various pools and depressions
that pocket some water. This typically would not occur under a paved scenario. Therefore, the
recommendation is to remain with an aggregate surface, with exception of the handicapped parking
area described above.
This site is located within the Minnehaha Creek Watershed District. Under the District's
requirements a storm water quality basin is not required for the site. However, the Lake Minnetonka
Conservation District (LMCD) has recommended that storm water quality basin be constructed for
the site (refer to Section 2g of Attachment 5). The applicant's engineer will need to submit a revised
plan indicating the location of such a facility..
Parcel A2 is comprised largely of an existing wetland. The City of Shorewood's Comprehensive
Stormwater Management Plan does designate lower quality wetlands to be utilized for storm water
management. This particular wetland qualifies for such a use. Therefore, the proposed use appears
reasonable, subject to the other recommendations of this report.
Parcel B appears to remain as a turf area with minor modifications. These minor site improvements
have little implications with regard to drainage.
.
.
Planning Commission,
Mayor and City Council
Shorewood Yacht Club
November 2, 2000
Page 4 of4
Plans do not indicate any erosion controls for the construction of the new structure. The applicant's
Engineer will need to provide an erosion control plan which is acceptable to the City's Building
Official and the Minnehaha Creek Watershed District, as part of the building permit application.
Recommendations:
Staffis recommending approval of the application, contingent upon the following conditions:
1.
A parking and storage easement shall be obtained from the Hennepin County Regional Rail
Authority for the proposed use. A certified copy of the easement documents shall be
supplied to the City of Shorewood, and shall be in such a form as to be recorded against the
subject property. .
2. . The plans shall be revised to incorporate the necessary number of designated handicapped
parking stalls in accordance to State and Federal American with Disabilities Acts. Such plans
shall include a designated ADA route to and from the main facilities.
3. .~ Erosion Control Plan shall be reviewed and approved by the City of Shorewood's
Building Official and the Minnehaha Creek Watershed District.
~FROG ISLAND
N
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500
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500 Feet
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Attachment 1
Shorewood Yacht Club
Site Location Map
.
.
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Attachment 2
Shorewood Yacht Club
Parcel References
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Attachment 3 ht Club
Shorewood Yac Easements
Excerpt Survey-
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U.S. Department of Justice
Civil Rights Division
Disability Rights Section
ADA
Design Guide
D
Accessible Parking Spaces
When a business, State or local
government agency, or other covered
entity restripes a parking lot, it must
provide accessible parking spaces as
required by the ADA Standards for
.Accessible Design. Failure to do so
would violate the ADA.
.
In addition, businesses or privately
owned facilities that provide goods
or services to the public have a
continuing ADA obligation to
remove barriers to access in existing
parking lots when it is readily
. achievable to do so. Because
restriping is relatively inexpensive, it
is readily achievable in most cases.
This ADA Design Guide provides
key information about how to create
accessible car and van spaces "and
how many spaces to provide
when parking lots
are resmped.
.
Accessible
Parking Spaces for Cars
.Accessible parking spaces for cars
have at least a 60-inch-wide access
aisle located adjacent to the desig-
nated parking space. The access
aisle is just wide enough to permit a
person using a wheelchair to enter or
exit the car. These parking spaces
are identified with a sign and located
on level ground.
page 1 of2
e
Restriping Parking Lots
Van-Accessible Parking Spaces
Van-accessible parking spaces are
the same as accessible parking
spaces for cars except for three fea-
tures needed for vans:
* a wider access aisle (96") to .
accommodate a wheelchair lift;
* vertical clearance to accommo-
date van height at the.van park-
ing space, the adjacent access
aisle, and on the vehicular route
to and from the van-accessible
space, and
* an additional sign that identifies
the parking spaces as ~'van
accessible."
One of eight accessible parking
spaces, but always at least one, must
be van-accessible.
Minimum" Number of Accessible Parking Spaces
ADA Standards forAccessib1c Design 4.1.2 (5)
Total Number Van Accessible Accessible
of Parking Parking Spaces Parking
spaces with min. 96" Spaces with
Provided wide access min. &0" wide
(per lot) aisle aecess aisle
1 to 25 0
26 to 50 1
51 to 75 2
76 to 100 3
101 to 150 4
151 to 200 5
201 to 300 6
301 to 400 7
401 to 500 7
501 to 1000
1/8 of Column A* 7/8 of Column A-
1/8 of ColumnA* 7/8 of ColumnA-
* one out of every 8 aceenlble spaces - 7 out of every 8 accenible parking spaces
Attachment"
Shorewood Yacht Club
ADA Requirements
~
Features of Accessible Parking Spaces for Cars
, Location
Accessible parking spaces must be
located on the shortest accessible
route of travel to an accessible facil-
ity entrance. Where buildings have
multiple accessible entrances with
adjacent parking, the accessible
parking spaces must be dispersed
and located closest to the accessible
entrances.
.
When accessible parking spaces are
added in an existing parking lot,
locate the spaces on the most level
ground close to the accessible en-
trance. An accessible route must al-
ways be provided from the acces-
sible parking to the accessible en-
trance. An accessible route never
has curbs or stairs, must be at least 3-
feet wide, and has a firm, stable, slip-
resistant surface. The slope alQtlg
the accessible route should not be
greater than 1:12 in the direction of
travel.
Accessible parking spaces may be
clustered in one or more lots if
equivalent or greater accessibility is
provided in terms of distance from
the accessible entrance, parking fees,
and convenience. Van-accessible
parking spaces located in parking ga-
rages may be clustered on one floor
(to accommodate the 98-inch mini-
mum vertical height requirement).
.
Free Technical Assistance
Answers to technical and general
questions about restriping parking lots
or other ADA requirements are avail-
a~le by telephone on weekdays. You
may also order the ADA Standards for
Accessible Design and other ADA
publications, including regulations for
private.businesses or State and local
governments, at any time day or night
Information about ADA-related IRS
tax credits and deductions is also
available from the ADA Information
Line.
Department of Justice
ADA Information Line
800-514-0301 (voice)
800-514-0383 (tty)
page 2 of2
r- Sign with the international symbol of accessibility mounted high
enough so it can be seen while a vehicle is parked in the space.
.. If the accessible route is located in front of the space, install
wheelstops to keep vehicles from reducing width below 36 inches.
accessible route (min. 36-inch width)
........I!!!....l ...IlJl.....................
'il_ _............... _
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-;::::-::;:-. .
.................
.:::::::::.
.:::::::::111
..:::::::::..
.:::::;:::.
..:::::::::.
.::;::::::.
-~::::::::.
..:::::::::.
.~::::::::.
-:::::::::..
..:::::::::-
T ~;~t:.. T
.} 96" min .f0" min 1/96" min. I L
2440 1525 ~ 2440 ~
Access aisle of at least GO-inch width
must be level (1:50 maximum slope in
all directions), be the same length as
the adjacent parking space(s) it
serves and must connect to an ac-
cessible route to the building. Ramps
must not extend into the access aisle.
Boundary of the access aisle must be
marked. The end may be a squared
or curved shape.
Two parking spaces may share an
access aisle.
Three Additional Features for Van-Accessible Parking Spaces
_ Sign with "van accessible" and the international symbol of
accessibility mounted high enough so the sign can be seen when
a vehicle is parked in the space
accessible route
.... ... 1:.... -.ra~~a~a~~.~...~..".. -...:.:......
.:a:.:::::'~:~::-
'11(::.:::::::::::-
1(::::::::::::::.
3ij~!~m~~\H~
lI(::::::::::::::-
lIt::;:;:::::::::~
-.. '\i~"" '''-
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.:::::.::::::::-
..::::: .::::::'"
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1
J 96" min. I" 96" min.l96" min.,}.
2440 2440 2440
Internet
You may also review or download
information on the Department's
ADAIntemet site at any time. The
site provides access to ADA regula-
tions, technical assistance materials,
and general ADA information. It
also provides links to other Federal
agencies, and updates on new ADA
requirements and enforcement
efforts. Internet address:
www.usdoj.gov/crtlada/adahoml.htm
96" min. width access aisle, level
(max. slope 1:50 in all directions), lo-
cated beside the van parking space
Min. 98-lnch-hlgh clearance at van
parking space, access aisle, and on
vehicular route to and from van space
Reference:
ADA Standards for Accessible
Design (28CFR Part 36):
~ 4.1.6 Alterations;
~ 4.1.2 Accessible Sites and Exte-
rior Facilities: New Construction,
and
~ 4.1.6 Parking and Passenger'
Loading Zones.
Duplication of this document is encouraged.
~
The Board further finds that the proposed facility meets the requirements of LMCD Code Section
2.03 for a multiple dock license subject to the conditions and limitations hereinafter specified.
The proposed facility requires variances for dock length, side setback and dock use area. The Board
finds that a hardship exists within the meaning of LMCD Code Section 1.07 by reason of shallow
water conditions for the requested length variance and that the granting of the length variance is
warranted.
Side setback and jock use area variances are required between Sites One and Two because the
applicant proposes to gain access to the dock use area of Site Two by constructing a dock
connection to the facilities at Site One. Parking and access for Site Two would be through Site One.
.
The applicant asserts as a hardship or practical difficulty that there is not reasonable access for cars,
parking and pedestrians from Site Two. The applicant further asserts that Site Two is cUJ.Tently in a
relatively natural state which would be destroyed if Site Two were fully developed with adequate
parking, access and required amenities. However, there is adequate parking on Site One for both
sites, and amenities may be provided from Site One which would allow ~ maintenance of Site
Two in a natural state.
Tl1e Board finds that a hardship or practical difficulty within the me8T1ing of LMeD Code Section
1.07 exists which justifies. the side setback and dock use area variances provided for herein subject
to the conditions and restrictions hereinafter set forth.
As noted above the dock use areas for Sites One and Two established by previous order of the
Board were based on erroneous information about ownership and boundary lines of riparian
properties. Because Site One and Site Two are now under common ownership, it is not necessary at
this time to specify dock use areas as between Sites One and Two based on corrected land title
information. However the variances and licenses granted hereby are conditioned on Sites One and
Two continuing to be under common ownership or control. In. the future if the two sites cease to be
under common ownership or control, it will be necessary to reevaluate multiple dock licenses and
variances for both sites and the special density license for Site Two.
.
ORDER
On the basis of the foregoing, IT IS ORDERED that a new dock license, special density license and
length, setback and dock use area variances are granted for the proposed facility on the following
conditions: .
1. The dock facility shall be constructed and maintained in conformance with the dock plan
attached hereto as Attachment One and hereby made a part hereof.
2. The facility shall provide and maintain the following public amenities at Site One for the
special density license for Site Two:
a.
Public rental of five or more boats with outboard motors.
b.
Provide free charter boat excursions or fishing trips for at least 100 handicapped or
underprivileged persons per year.
2 A~~~m5
Shorewood Yacht Club
LMCD Order
CLL.1S2866v!
LK 11 0-4
.r
c. On site distribution of boating safety and environmental literature.
d. Sanitary pump out facilities available to the public at a reasonable charge.
e. Meeting rooms available to the general public.
f. Slip and boat use for emergencies and governmental agency'use.
---,- ------L -;? '~L----________
~1ding~dfo~nmOff~improveme6t :5
h. Vegetative screening and cover. -c.-------
1. Shoreline protection.
. j. Eurasian watennilfoil off-load site.
k. Sailing school and camp.
I. Safety and lake use educational program.
m. Marine towing service.
n. Marine emergency repair service
o. Ramp use for emergencies.
3. Following the end of each license year, the licensee shall report on amenities provided
during such year, giving such information as is required by the Executive Director.
. '4.
Except for structures directly associated with slips having access from Site Two, all
equipmen~ goods, debris and structures will be removed from Site Two before the end of
2000 and Site Two shall be left in a natural, unimproved' state.
5. No dockage at the facility shall be limited or restricted to use by persons having an interest
in specified riparian or non-riparian real property. .
6. The licenses granted hereby shall automatically terminate without any action by the LMCD
at any time Site One and Site Two cease to be under common ownership or control.
7. Neither Site One nor Site Two may be used for the off lake storage of watercraft in violation
ofLMeD Code, Section 2.045.
The license granted herein shall grant no vested right to the use of Lake Minnetonka. Such use shall
at all times remain subject to regulation by the District to assure the public of reasonable and
equitable access to the Lake.
CLL-182866v I
LKII04
3
.
.
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236
FAX (952) 474-0128. www.cLshorewood.mn.us.cityhaU@cLshorewoocl.mn.us
MEMORANDUM
TO:
Planning Commission, Mayor and City Council
FROM:
Brad Nielsen
DATE:
1 November 2000
RE:
Shorewood Yacht Club - Comprehensive Plan Amendment,
Rezoning, Conditional Use Permit and Variance
Fll.,E NO.:.
405 (00.27)
This report is in response to issues raised at the last Planning Commission meeting
regarding the SYC application. Engineering issues will be addressed under separate
cover.
1.
Staff met with the applicant to S1.1ggest locations where additional landscaping
might enhance the buffering of the site. Exhibit A, attached, shows new
evergreen trees in the following locations on the site: two pines on the west side
of the main parking area to the west of the clubhouse; two pines between the
auxiliary parking area just south of the LRT trail; and six pine along County Road
19, south of the auxiliary parking area. These trees will help to fill in gaps in the
existing vegetation. The minimum size for these trees should be six feet in height.
It will be too late to plant these trees this year, so it is recommended that the
applicant submit a bid for the work to be done next spring. A letter of credit for
one and one half times the amount of the bid should be required, and should
extend for two growing seasons.
2. The Fire Marshall has inspected the gasoline storage shed and recommends the
installation of a solid core steel door.
n
t..1 PRINTED ON RECYCLED PAPER
Attachment IV
.
.
Memorandum
Re: SYC
1 November 2000
3.
Commissioner Woodruff has spent a considerable amount of time trying to track
down information regarding the concern over suspended phosphates in the bottom
of Gideon's.Bay. Neither the Lake Minnetonka Conservation District, the
Department of Natural Resources, nor the Minnehaha Creek Watershed District
have information or appear concerned about this issue. The Pollution Control
Agency has recently completed core sampling of various locations on Lake
Minnetonka. Their data has been turned over to the University of Minnesota for
analysis, which will not be completed for six months. Their samples only extend
six inches into the bottom.
Staff has contacted the Army Corps of Engineers, assuming they might have
information from their dredging permits. It turns out that they no longer have
jurisdiction over dredging permits on Lake Minnetonka. Even if they did, pile
driving for docks does not require a permit from them. We may still receive some
additional information from them.
The most enlightening information we have received to date comes from one of
the hydrologists at WSB, Shorewood's engineering consultant. Apparently,
phosphates do attach to silt and will eventually settle out to the bottom of the lake.
However, wave action in shallow areas will typically suspend the particles until
they can settle out in quieter, deeper waters.
It is recommended that the City suggest to the LMCD that it examine this issue as
part of their future studies of the lake.
4.
The applicants have state that they do not wish to have parents drop their children
off at Timber Lane for the sailing camp. The current process requires the parents
to check their children in at the main clubhouse each morning. The children
would then go over to the sailing camp area as a group. It is recommended that
the chain across the old driveway from Timber Lane be replaced with a gate. Use
of the driveway should be restricted to maintenance for the Yacht Club, and
access for the homeowner with the dock on the west end of the property. This
situation should be monitored in the future and the City should consider posting
"no parking" signs along Timber Lane if parking or access become a problem.
5. The sailing camp includes a storage rack to hold small sailboats. The original
plan by the applicant was to erect a boat dock canopy near the storage rack to
serve as a shelter for children at the sailing camp. The applicant now shows a
more permanent structure (a roof supported by wooden posts). It is recommended
that the earlier proposal should be approved, and that the canopy would be taken
down at the end of the boating season (e.g. the end of September). The storage
rack must be located 50 feet from the ordinary high water level of the lake.
-2-
.
.
Memorandum
Re: SYC
1 November 2000
6. Any approval should be subject to the requirements of the LMCD through their
dock permitting process.
If the Planning Commission takes action on Thursday night, this matter will appear
before the Council at its 13 November meeting. The Council will direct staff to prepare
findings of fact, and formal action could occur at the 27 November meeting.
Cc: Larry Brown
John Cross
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CITY COUNCIL REGULAR MEgTING MINUTES - December 11, 2000
Page 7 of 10
Discussion ensued regarding the potential verbiage regarding resolutions of these recommended areas of
concern.
Stover moved, Lizee seconded continuing this matter to January 8, 2001, in an effort to allow the
City Planner to resolve the last three items with the applicant. Motion passed 5/0.
E. Ratification of Terms of Approval- Shorewood Yacht Club
As had happened in the past, Mayor Love recused himself from his position and turned the gavel over to
Councilmember Stover for action in this matter.
Director Nielsen stated this would be more of a report than an action item at this time. He explained the
applicant's difficulties in obtaining financing necessary for the legal combination of parcels to occur on
site. He stated the applicant was willing to place a deed restriction on the land related to these parcels
which granted the City a bit more control over the site. He noted all requests by the applicant were being
held until the deed restriction was recorded properly.
Stover moved, Garfunkel seconded, amending two actions-Ordinance No. 368 and the approval
of the Conditional Use Permit and Variance--taken at the November 27, 2000, City Council
Meeting, subject to the deed restriction being approved by the City Attorney.
Councilmember Zerby noted all information pertaining to this matter did not list the operation of the
Yacht Club as a marina. Director Nielsen responded all information did, however, consistently refer to it
as a Yacht Club.
Motion passed 4/0.
Acting Mayor Stover returned the gavel to Mayor Love. for action on the remainder of the Agenda.
8. FINANCE
A.
Consideration of a Motion to Adopt a Resolution Approving the 2001 Budgets and
Approving the 2000 Property Tax Levy Collectible in 2001
Finance Director Burton reported on the following Resolutions noting the General Fund budget was in
the amount of$3,127,790.
Stover moved, Lizee seconded, Adopting RESOLUTION NO. 00-121, "A Resolution Approving the
2001 Budgets and Approving the 2000 Property Tax Levy Collectible in 2001." Motion passed 5/0.
B. Consideration of a Motion to Adopt a Resolution Establishing the 2001 Pay Scale
and City Insurance Contribution
Zerby moved, Garfunkel seconded, Adopting RESOLUTION NO. 00-122. "A Resolution
Establishing the 2001 Pay Scale and City Insurance Contribution." Motion passed 5/0.
C. Consideration of a Motion to Adopt a Resolution Authorizing the Transfer of
Funds
Lizee moved, Zerby seconded, Adopting RESOLUTION NO. 00-123, "A Resolution Authorizing
the Transfer of Funds." Motion passed 5/0.
Attachment V
.
.
CITY COUNCIL MINUTES - November 27,2000
Page 3 of7
Commissioner Turgeon reported on the October 3, 2000, and November 21, 2000, Planning Commission
Meetings.
A. Shorewood Yacht Club
1. A Motion to Adopt a Resolution Approving an Amendment to the
Shorewood Comprehensive Plan - Land Use Plan
Director Nielsen confirmed Councilmember Zerby's understanding that this Resolution was not available
for action this evening. This resolution would be on the December 11, 2000, Regular City Council
Meeting Agenda.
2. A Motion to Adopt an Ordinance Amending the Zoning for the Shorewood
Yacht Club from R-IA/S and R-3A/S to L.R, Lakeshore Recreational
Director Nielsen noted the applicant was still trying to arrange financing for the legal combination of
parcels relative to this matter.
Councilmember Lizee stated she was very hesitant to make or vote on any motion related to this matter
until those lots were legally combined as requested earlier in this process.
Attorney Keane assured the Council this matter could be brought before the Council again for review in
ninety days if the combination had not been approved in that timeframe. ~ISo, Attorney Keane stated no
permits for any work on the site would be issued until these parcels were combined.
Garfunkel moved, Zerby seconded, adopting ORDINANCE NO. 368, "An Ordinance Amending
the Zoning for the Shorewood Yacht Club from R-IA/S and R-3A/S to L.R, Lakeshore
Recreational," subject to withholding the publication for ninety days until the Applicant
demonstrates evidence of joinder of the property. If the Applicant fails to do so in ninety days, this
Ordinance wnI be brought back to the City Council for reconsideration. Motion passed 4/0.
3.
A Motion to Adopt a Resolution Approving a Conditional Use Permit and
Variance for the Shorewood Yacht Club.
In review of the proposed resolution, Director Nielsen noted he had reviewed a previous resolution
related to this matter from 1979, and had incorporated minor additions into this resolution from the 1979
resolution. He had picked items that were appropriate to this matter, but had not been addressed in this
process prior to this evening. He stated he had spoken to Mr. Cross, the applicant, and Mr. Cross had
only one comment related to the number of power boats requested for dockage. Mr. Cross had
previously expressed a need for two power boats, but would now like permission to dock three boats on
site in addition to a weed harvester--one of these would be a work boat used for towing boats back to the
Yacht Club in the event of problems, a second would be a cabin cruiser for use as a race commissioned
vessel, and a third runabout-style boat would be used as part of the sailing camp. Another item addressed
in the 2000 resolution included the ownership of the dock as related to the property owners at 5585
Timber Lane. '
Councilmember Lizee noted these matters required passage by the City prior to Lake Minnetonka
Conservation District approval.
.
.
CITY COUNCIL MINUTES - November 27, 2000
Page 4 of7
Councilmember Stover confirmed the inclusion of Item "t." stating no permits would be issued without
meeting previous conditions set forth in this process.
Much discussion ensued related to the wording of Item "t." with final determination being a request for
the item to read, "Prior to any further work alterations, including but not limited to dock pilings or
expansion, being done on the site, the Applicant must provide evidence that the land described on Exhibit
A, attached hereto and made a part hereof, has been legally combined into one tax parcel."
Garfunkel moved, Zerby seconded, adopting RESOLUTION NO. 00-111. "A R-esolution
Approving a Conditional Use Permit and Variance for the Shorewood Yacht Club. Motion passed
4/0.
Acting Mayor Stover returned the gavel to Mayor Love for action on the remainder of the Agenda items.
B.
A Motion to Adopt a Resolution Approving a Conditional Use Permit for the
Expansion of the Clubhouse Facility at the Minnetonka Country Club
. Applicant: Bo Witrak representing the Minnetonka Country Club
Location: 24575 Smithtown Road
Director Nielsen reviewed background on this matter, noting this. matt~ ha,d been approved by Council in
1998, however, the construction had not taken place prior to e~lration ~fthat permit. Whilecon,clusions
were still valid from the previous application, the applicant had resolved tl).egolf cart storage issues of
concern to nearby residents through the proposed screening ~th shIUbb~ along the westerly lot line to
take place next spring. . .. .
Councilmember Lizee confirmed the golf carts would be parked b~eath the new~verhang area c~eated
in the construction of the ballroom addition: . ., ,. ".,., ..... ,; .,.
Zerby moved, Stover seconded, adopting RESOLUTION NO. 00-112, "A Resolution Approving a
Conditional Use Permit for the Expansion of the Clubhouse Facility at the Minnetonka Country
Club for Bo Witrak representing the Minnetonka Country Club, 24575.Smithtown Road." Motion
passed 5/0. . .
C. A Motion Directing Staff to Prepare a Resolution Approving a Lot Line
Rearrangement
Director Nielsen provided historical information related to this matter. He noted this request would
allow the lots to comply more equally with the RI-C zoning district. Also, this matter was only slightly
complicated by the fact that with the subdivision, the existing Shenehon cabin would become
nonconforming. In addition, the applicants plan to sell the property; and the new owner planned to
demolish the cabin in the spring.
Wheeler Smith, attorney for the current property owners, addressed Council, noting he would be
available for any questions anyone may have of him.
Gerald Goodlund, owner of the adjoining property, also addressed Council and stated the cottage had
been there for fifty years, and he had no objection to the cottage remaining an additional two months as
requested by the buyer for the property. He also stated, it would be nice environmentally to allow the
CITY OF SHOREWOOD
PLANNING COMMISSION MEETING
TUESDAY, NOVEMBER 2, 2000
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
. 7:00 P.M.
MINUTES
CALL TO ORDER
Chair Bailey called the meeting to order at 7:00 P.M.
ROLL CALL
Present:
Chair Bailey; Commissioners Anderson, Callies, Turgeon, and Woodruff; Council
Liaison Liz6e, and Planning Director Nielsen;
Absent:
Commissioners Boehm and Rosenberger; Engineer Brown
tt APPROVAL OF MmUTES
Chair Bailey briefly reviewed this evening'.s Agenda and noted the Commission had received the
Planning Commission minutes from October 3, 2000, immediately prior to this meeting and thus, no one
had time to review them.
Turgeon moved, Woodruff seconded, amending the Agenda to move this item to follow Item 4.
Motion passed 5/0.
1. CONTINUATION OF DISCUSSION FROM OCTOBER 3, 2000 PLANNING
COMMISSION MEETING REGARDING SHOREWOOD YACHT CLUB
tt
. COMPREHENSIVE PLAN AMENDMENT
. REZONING FROM R.IA TO L-R
. CONDITIONAL USE PERMIT
. VARIANCE
Annlicant:
Location:
Minnetonka Moorings
600 West Lake Street
*For future reference, please note there are two Planning Commission memorandums onfile at City Hall
related to this meeting's discussions. One is a memorandum from Brad Nielson, dated November 1,
2000-referencing File No. 405(00.27). The second memorandum is from Larry Brown, dated November
1, 200O-referencing the Shorewood Yacht Club Proposed Rezoning, Compo Plan Amendment,
Conditional Use Permit, and Variance. Both these memorandums provide detailed analysis and
explanation in response to Commission's concerns as well as being specifically referenced as part of
motions for approval.
Chair Bailey briefly reviewed the process used in a Public Hearing, noting this item, if approved, would
appear on the City Council Agenda for November 13, 2000.
Director Nielsen summarized the history related to this matter. He also reminded the Commission it was
a continuation of a discussion held on October 3, 2000, and changes could still be made in this matter.
He also noted some items of concern had been rectified.
.
.
Planning Commission Meeting Minutes-November 2, 2000
Page2of6
In review, Director Nielsen explained the Shorewood Yacht Club was comprised of three areas of land.
The main portion of the facility is located north of the Hennepin County Regional Rail Authority Right-
of-Way, also known as the LRT, which bisects the entire property. This portion of the site was bounded
by Lake Minnetonka, Minnetonka Portable Dredging Company, and the trail to the south. A second
portion of the facility, which lies immediately south of the LRT, was mainly comprised of wetland and
boat storage. The applicant had recently acquired an additional parcel of land located immediately west
of the main portion of the facility, north of the LRT, and east of Timber Lane. The acquisition of this
third parcel of land prompted a request to amend the Comprehensive Plan as well as rezoning,
conditional use permits and variance requests for additional dockage and structures on site.
At the October 3, 2000, Planning Commission Meeting, various issues were presented for discussion and
consideration. Director Nielsen reviewed them as the following: additional dockage of thirty-five boat
slips, a seasonal shelter near the Sailing Camp-now requested as permanent, an overflow parkinglboat
storage area, addition of an accessory building, and the construction of a small footbridge between the
main facility and the Sailing Camp area. He also noted the L-R district allowed for all proposed
constuction on this site. In addition, he commented the applicant stated, with regard to the overflow
parking area, the parking areas nearest the main facility were rarely filled to capacity and the overflow lot
was to be used only if absolutely necessary. Director Nielsen stated he believed it would be beneficial
for the applicant to leave the overflow portion of the site kept in a natural state as much as possible to
avoid hardcover problems as well as avoiding safety problems with accessing this area from County
Road 19.
Director Nielsen also explained he had met with the applicant to suggest locations where additional
landscaping might help to buffer the view of the facility from surrounding neighbors. The Fire Marshall
had examined the site as well and recommended the installation of a solid core steel door on the gasoline .
storage shed.
Director Nielsen thanked Commissioner Woodruff for her considerable time and effort spent trying to
obtain information from various public agencies, such as the Lake Minnetonka Conservation District, the
Department of Natural Resources, the Minnehaha Creek Watershed District, and the Pollution Control
Agency, regarding the phosphates perhaps suspended in the bottom of Gideon's Bay. All agencies
contacted did not have any concrete information about potential phosphate problems for this area to share
at this time. However, hydrologists at WSB, Shorewood's Engineering Consultant, stated it was their
understanding that phosphates do attach to silt and will eventually settle out to the bottom of the lake.
However, wave action in shallow areas will continue to suspend the particles until they can settle out in
quieter, deeper waters.
The Army Corp of Engineers was also contacted, and while they do not currently maintain jurisdiction
over dredging permits for Lake Minnetonka, they were able to concur with the findings of the
hyrdrologist at WSB, noting there are three zones found in the lake related to phosphate particles. The
first is an erosional zone, where particles are subject to the action of the waves. A second zone was
referred to as transitional where matter finds its way from one area to another, and the third zone was
depositional where the particles settle out in deeper water. Also, they reported, with regard to
construction of new pilings in that area, pile driving would produce a localized effect on the area.
However, if a "jet" process was utilized, the effects to the area could be more severe. It was
recommended, should dredging be required, that the pilings be "driven" rather than using the "jet"
method. The applicant reported there would be no need for dredging as part of this request for additional
dockage.
With regard to the issues of accessing Timber Lane for transporting children to the Sailing Camp, the
applicants report current process has children dropped off at the main facility rather than utilizing Timber
Lane. It was recommended by Director Nielsen the chain, currently being used, be replaced with a more
.
.
Planning Commission Meeting Minutes-November 2, 2000
Page 3 of6
permanent barrier-such as a gate. Also, access to the driveway should be restricted to maintenance for
the Yacht Club, and access for the homeowner with an easement to the existing dock on the west end of
the property. In addition, it was recommended the situation be monitored in the future and consideration
of "No Parking" signs take place if access to the area becomes a problem. Recommendation for a shelter
near a storage rack included the use of a seasonal, rather than permanent structure for the children of the
sailing camp. Ultimately, Director Nielsen reported any approval of these plans should be subject to the
requirements of the LMCD through the dock permitting process.
Director Nielsen then summarized a memorandum from City EngineerlDirector of Public Works, Larry
Brown. Engineer Brown addressed issues of right-of-way, easements, and parking; grading, drainage,
and erosion controls; and made final recommendations about these issues of concern. He noted, with
regard to right-of-way issues, it appeared as if Mr. Cross had resolved the issues related to the acquisition
of approximately twenty-five feet from the Hennepin County Regional Rail Authority for the
parkinglboat storage area. Director Nielsen also recommended the new parcel of land be legally
combined with other two parcels currently part of the Shorewood Yacht Club as a condition of approval.
Also, Director Nielsen stated, the proposed plan does not comply with the American Disabilities
Act(ADA) requirements. The new addition required designation of handicapped accessible parldng
spaces-one "van accessible" and four additional handicapped parking spaces-all of which must be
paved to provide a suitable surface for ramp loading and unloading. It should also be noted the ADA
requirements may differ in number from the determination of the Uniform Building Code which is based
upon the total number of parking stalls proposed. Since this number is uncertain, some revision may
need to be made to the final recommendations of Engineer Brown, provided the applicant's engineer can
certify the State ADA requirements may justify a fewer number of parking spaces than what is currently
being proposed in the Engineering memorandum.
Concern over the parking area being so close to the lake. were also examined. Findings, after an onsite
visit, indicated the lot actually drained away from the lake and sometimes had water standing on the
eastern edge. A brief review of the advantages/disadvantages were presented to the Commission
regarding the possiblity of paving this area as it pertained to drainage in the area. Final review of the
issue concluded the main parking area should remain an aggregate surface, with the exception of the
handicapped parking area referenced previously. Since the parking area would not be paved, a
recommendation to use curbstones to designate parking stalls was issued. Director Nielsen also reported
it appeared the existing wetland area provided good retention on site as part of the City's Storm water
Management Plan.
Erosion control measures shall be reviewed and approved by the City Building Official and the
Minnehaha Creek Watershed District as part of Engineer Brown's final recommendations.
In conclusion, Director Nielsen reported, it seemed as though all proposed plans, subject to final
recommendations of the Planning Director and City Engineer, concur with the L-R District zoning
requirements.
John and Judy Cross, owners of the Shorewood Yacht Club, were in attendance, and addressed the
Commission. Mr. Cross stated they appreciated the time spent on these matters. He stated the gate
would not be a problem to install as part of his plan, and he was willing to make adjustments, as needed,
to the parking areas.
Mrs. Cross commented she was responsible for the suggestion to incorporate a more permanent cedar
shelter, such as the one at Freeman Park, because it would look prettier than the originally proposed
seasonal shelter.
.
.
t.
Planning Commission Meeting Minutes-November 2, 2000
Page 4 of6
Chair Bailey opened the Public Hearing at 7:47 P.M.
Joann Schaub, 5465 Timber Lane, asked Mr. Cross the number of additional boat slips to be built in this
proposal. He replied there would be twenty-eight, plus the seven that are already there, totaling thirty-
five. She also commented most neighbors she had spoken with did not have a problem with the marina.
There were concerns about the parking taking place on Timber Lane and would appreciate the use of the
"No Parking'" signs.
Dr. Thomas Alt, 23760 Lawtonka Drive, stated the vast majority of the townhome owners support the
proposed changes at the marina and thought the marina was quite pretty to look at as part of their view.
He viewed the parking on Timber Lane differently, noting people can pull off the street into the grass
area to park so the street would not be quite so congested.
Commissioner Callies stated this matter did not seem to be an appropriate part of the process involving
the marina issues. Commissioner Anderson asked if this matter of parking along Timber Lane could be
better solved through the parking permit process. Director Nielsen commented if the parking problem
came about as a concern from the marina it would be appropriate to this discussion, otherwise, it should
be dealt with as a separate matter at a different time.
Hearing no further testimony pertaining to the matter appearing before the Commission, Chair Bailey
closed the Public Hearing at 7:52 P.M.
Commissioner Callies asked Director Nielsen about the. different viewpoints regarding the use of canvas
or cedar on the shelter in the Sailing Camp area. He explained the cedar would be very visible during the
winter months in that area versus the use of the seasonal canvas being removed, and allowing the area to
be more natural looking.
Commissioner W oodmff stated she had a number of comments to share with the Commission. First, she
confirmed the curbstones would be included as part of the parking permit process. Secondly, she
questioned the possible use of landscaping around the parking lot area to slow the amount of mnoff to the
lake. Director Nielsen explained there is a ridge from grading around the lot currently to deter the water
from mnning into the lake, and also the space in that area appeared to be rather limited for landscaping.
She also asked if it seemed necessary to get mnoff to the pond area. Director Nielsen responded he did
not believe this to be a critical issue at this time. In addition, Commissioner Woodmff stated she had
deep concerns regarding the potential in the future for driving pilings and potential phosphates in the.bay
area. She strongly believed a study should be conducted in the area as she believed there were as many
as seven treatment plants draining to that area into the 1970's. Her main concern with this matter was the
potential for heavy metals, such as mercury, to be entering the food chain as a result of previous uses of
the bay area.
Commissioner Turgeon expressed concern for the specifics of the details being discussed. She stated her
concern about the legal combination of parcels, as well as potential dredging in the future at this site.
She also stated her preference for the seasonal canopy on. the shelter in the Sailing Camp area. She
clarified wording to be used related to the overflow parking area, noting the City's preference that no
parking take place there unless absolutely necessary.
Director Nielsen stated it would be sensible to clarify the large number of potential additions being
discussed by the Commission this evening. The following items were specified as additional conditions
for approval by the Planning Commission.
.
.
Planning Commission Meeting Minutes-November 2, 2000
PageS of6
1) The new parcel of land, referenced as "Parcel B" in the November 1, 2000,
Memorandum from Larry Brown, be legally combined the remainder of the Shorewood
Yacht Club property.
2) The shelter at. the Sailing Camp shall be oa seasonal canopy, rather than a permanent
covering.
3) There will be no dredging taking place as part of the City's approval in this request. Any
requests in the future would be subject to normal dredging permit process procedures.
4) Any future proper use of the overflow parking area, shown on the Site Plan in the
southwest corner of the site, would be subject to review and approval by the Planning
Commission.
5)
The American Disibilities Act parking spaces must be consistent with the Uniform
Building Code requirements and subject to conditions imposed by the Lake Minnetonka
Conservation District.
6)
Any pilings needing to be installed would be "driven" rather than using the "jet" method
of installation.
7) The gate referenced in Item Four of the November 1, 2000, memorandum from Brad
Nielsen, will be installed in place of the current chain as detailed in that memorandum.
8) Curbstones shall be placed for each parking stall on site.
Director Nielsen stated these conditions could be included in the Conditional Use Permit if approved.
Anderson moved, Callies seconded,. amending the Shorewood Comprehensive Plan to include
''Parcel B," referenced in the November 1, 2000, Memorandum from Larry Brown regarding this
matter, be placed into the L-R District. Motion passed 5/0.
Anderson moved, Callies seconded, recommending approval of the Conditional Use Permit as
approved at the October 3, 2000, Planning Commission Meeting as well as including the conditions
listed previously, and in staff recommendations found in Memorandums, dated November 1, 2000,
from Larry Brown and Brad Nielsen, to the Planning Commission and City Council regarding this
matter.
Commissioner Callies commented she was not sure the dredging issue was necessarily appropriate as part
of the specified conditions.
Motion passed 4/1, with Woodruff dissenting, because of the uncertainty of what lies on the lake
bottom in this bay area.
Commissioner Anderson excused himself from the meeting at 8:27 P.M.
Mr. and Mrs. Cross thanked the Commission for their efforts related to this matter.
2. MATTERS FROM THE FLOOR
There was no one present wishing to address matters from the floor this evening.
.
.
'PLANNING COMMISSION MIl'" ""'ES
OCTOBER 3, 2000 - PAGE 3
. The public hearing was opened at 7:35 P.M.
Mrs. Jeannie Polston, 28215 Boulder Circle was in attendance and addressed the Commission to explain
there was a title search in progress related to the unbuildable parcel to be combined. Barring any
contrary findings, she did not anticipate any problems with these suggestions.
Mr. Darrell Carver, 27910 Smithtown Road, asked Mrs. Polston if there were to be trees planted around
the new garage. She responded the area around the garage is quite wooded, and while no new additional
trees were to be planted on the south side of the garage, she did not believe Mr. Carver would be able to
see the new garage.
The public hearing was closed at 7:40 P.M.
Commissioner Woodruff questioned whether there was a plan to plant trees to screen the garage from the
east. Mrs. Polston stated they were planning to plant a few evergreen trees on that side of the garage in
an effort to provide screening.
Anderson moved, Woodruff seconded, recommending approval of a Conditional Use Permit for
Accessory Space in Excess of 1200 Square Feet, for Steve and Jeannie Polston, 28215 Boulder
Circle, subject to the applicant providing a landscape plan showing where trees would be planted
for screening. Motion passed 5/0.
3. 7:30 P.M. PUBLIC HEARING
. COMPREHENSIVE PLAN AMENDMENT
. REZONING FROM R-lA TO L-R
. CONDITIONALUSEPERMnT
. VARIANCE
Annlicant:
Location:
Minnetonka Moorings
600 West Lake Street
*For future reference, please note there is a Planning Commission memorandum on file at City Hall
from Brad Nielsen, dated September 27, 20oo-referencing File No. 405(00.27). This memorandum
explains, in significant detail, the history and analysis surrounding these requests.
Director Nielsen provided a detailed explanation of the issues involved in these requests. He explained
John and Judy Cross, representing Minnetonka Moorings and working through the Shorewood Yacht
Club facility, had submitted an application for rezoning of their property. In doing so, a Conditional Use
Permit, Variance, and an amendment to the Shorewood Comprehensive Plan were necessitated. Involved
in this property and further complicating matters was the recent acquisition of a parcel of land
immediately west of the Yacht Club where Mr. and Mrs. Cross were proposing additional dockage in an
effort to expand their business. In reviewing this matter, Director Nielsen provided information as it
pertained to the existing site and then regarding the expansion site. Some issues pertain to both sites.
First, Director Nielsen explained that any rezoning must be guided by the Comprehensive Plan set forth
by the City. When amended last, efforts were made to pave the way, should an opportunity arise, to
bring the marinas into compliance with the Lakeshore Recreational (L-R) zoning district. In considering
the L-R District Requirements, there are Permitted Uses, Accessory Uses, and Conditional Uses relating
to Single-Family Dwellings, Open and Outdoor Dry Land Storage of Boats and Trailers, Lot
Requirements and Setbacks, Building Requirements, and Special and Specific.Conditions. Following is a
brief summary of the comparison between the subject property and these requirements as detailed by
.
.
'-
PLANNING COMMISSION Mil' 'SS
OCTOBER 3, 2000 - PAGE 4
Director Nielsen. A more significantly detailed discussion of these issues can be found in the Planning
Commission referendum referenced at the beginning of this Item.
The permitted use in the L-R district was subject to annual licensing procedure and had as its only use
the water-harboring of boats. Specifically, the L-R district stated the water-harboring of boats in
Gideon's Bay must be limited to sailing boats.
The L-R District had off-street parking, a clubhouse building, a storage building, gas dispensing
equipment and boat rental as allowable uses for this area. The Shorewood Yacht Club had all of these.
The storage building on the site was to be removed, however, its proposed use as a dumpster enclosure
was deemed more useful, as a roof over the area would help to conceal it from. the Hennepin County
Regional Railroad Authority trail which bisects the property.
With regard to the single family dwelling on the property as part of its Conditional Uses, all setback
requirements were observed, however, it would need to comply with the Shorewood Rental Housing
Code and would need to be inspected for conformance.
While there were many issues to be examined regarding Open and Outdoor Dry Land Storage of Boats
and Trailers, the most significant matter seemed to be a need for a detailed landscaping plan for the area
demonstrating a plan for screening of evergreen trees between the parking lot and shoreline, along the
South edge of the property facing County Road 19, as well as maintaining .existing vegetation abutting
the Right-of-Way near the H.C.R.R.A trail.
Director Nielsen complimented the Yacht Club on their lighting noting it was very well done for its use
as well as being sensitive in its impact on the neighbors.
There was concern for the boat storage on the site, noting that if all parking sites would be utilized and .
boats stored on the site as well, the need would exceed supply. An alternative parking/storage area was
proposed in the vacant southwest comer of the site abutting County Road 19. Parking was considered an
area to monitor and adjust as needed.
The most significant concern overall seemed to be the proximity of parking and storage so close to the
shoreline. While enhanced landscaping would help to mitigate potential problems, it was recommended
that the parking areas near the lake be examined by many agencies in an effort to address issues of
drainage directly into the lake from this site.
With regard to Signage found in the Special and Specific Conditions portion of the L-R District Zoning
Code, the Shorewood Yacht Club had three signs while the requirements stated that only two signs would
be allowed.
At this point, Director Nielsen explored the background related to the expansion site and requests made
regarding this portion of land as it related to the Shorewood Yacht Club. He noted three additional docks
existed on this site primarily for the use of certain residents on Timber Lane.
The applicants would like to add a fourth dock to the existing system, providing thirty-five additional
slips. One of the docks would be maintained as a slip for a property owner at 5585 Timber Lane. The
easternmost of the three docks would be for one of their management boats utilized in assisting
customers in need of help.
.
.
PLANNING COMMISSION MIl'" 'ES
'- OCTOBER 3, 2000 - PAGE 5
When considering issues involved in the expansion site, Director Nielsen explained, it would be
important to consider issues of Parking and Access, as well as Boat Traffic and Existing Dock Rights.
Parking and Access on the expansion site was recommended to include emergency vehicles only. With
the exception of a proposed boat canopy used to protect the Sailing School students from the elements
and a sailboat storage rack, the site should remain in a natural undeveloped state.
Boat traffic was believed to increase by approximately forty percent as a result of the proposed plans for
this site, however, no dredging of the lake bottom would be required to accommodate the additional slips.
Existing Dock Rights should be maintained for the exclusive use of the residents of 5585 Timber Lane
only as part of consideration of the expansion site.
Director Nielsen summarized his comments noting he believed the plans to be well done and addressed
many issues identified in the past. He stated there would be many improvements to the property and the
expansion and rezoning would allow the City to gain more control over the property. He also noted a list
of names had been submitted to the City noting no opposition to the proposed plans for this site.
John and Judy Cross were in attendance and seized the opportunity to address the Commission. Mr.
Cross noted he had few disagreements to the recommendations Director Nielsen had reviewed. He also
noted there was no current need for the overflow parking/storage area, but did not want this to be an issue
at the time it would be needed in the future.
Mrs. Cross addressed the issue of the third sign facing the lake. She stated she considered it more of a
"landscape embellishment" as it was made of rope and occupied a flower bed. She stated the members
liked it, and it could only be seen from the lake, however, it was not needed. She also stated the
neighbors that can see the property have no objection to it being there.
Mr. Cross also expressed disappointment in the necessary delay for formal approval of the
Comprehensive Plan Amendment. Mrs. Cross noted there are forty-one people on a waiting list for the
proposed slips, and they were hoping to have the dockage ready next spring. The timeframe that would
occur as part of the formal approval process would not allow that to happen.
Chair Bailey opened the Public Hearing at 8:40 P.M.
Dwayne V., 5585 Timber Lane, stated his concern regarding the noise coming from the hollow booms on
the sailboats, and a concern over the potential overflow lot on the southwesterly comer of the property.
He stated he had lived at his address for twenty-eight years and knew the locale of the proposed driveway
onto County Road 19. He voiced concern for safety in that area should the overflow lot be needed.
J ames Hancock, 23800 Lawtonka Drive, stated he was very much in favor of these requests as he
believed it to be a more favorable use of property.
Steve and Nancy Linder, 23730 Lawtonka Drive, were in attendance. Mr. Linder addressed the
Commission with his request to reconsider dockage for the Gideon Cove residents. He state it was his
prior knowledge that additional docks had been denied in that area as a general rule, and he was surprised
to see this request coming forward for approval.
Joann Schaub, 5465 Timber Lane, was very concerned for traffic utilizing the proposed overflow parking
area. She questioned Mrs. Cross as to whether emergency vehicles were currently utilizing that area.
Mrs. Cross responded the police may be monitoring that area, but. she was not sure. Mrs. Schaub
commented she had seen vehicles removing the chain and driving in on previous occasions.
· PLANNING COMMISSION MI! ES
L OCTOBER 3, 2000 - PAGE 6
Julie Ingelman, 23720 Lawtanka Drive, stated her concerns aver the timing af this issue, and the Gidean
Cave request far additianal dackage being denied. She alSo. nated parking seemed to. be quite crawded
an the Yacht Club praperty, and she wauld like to. see the mess alang the H.C.R.R.A. trail cleaned up as
she utilized the trail daily
Dan Puzak, 23830 Smithtawn Raad, expressed cancern aver the lakeshare and lake battam. He stated
this area previausly served as a drainage area far the Excelsiar Sanitary Sewer Treatment facility and it
was his belief that it was ane af the mast palluted areas af lake battam in that area. He stated he wauld
like to. see a viable business run in that area with clean-up af the lake battam. He did nat suppart these
requests due to. the muck an the lake battam potentially being disturbed. He alSo. had cancerns far traffic
an Lawtanka Drive. He believed if it was nat fenced aff, it wauld create an eyesare in that area.
Danna Delaney, 23760 Lawtanka Drive, stated her suppart far the impravements to. the existing marina
site. She nated she did nat hear any naise, and the sailboats are a beautiful view. She did, hawever, have
cancerns regarding the propased drive dawn Timber Lane. Regarding the muck an the battam, she
believed Lake Minnetanka to. be a large lake, and she did nat see the muck an the battom affecting the
rest af the lake as a whale.
.
Judy Cross again spake to. address cancerns regarding the prapased driveway entrance. She stated there
is a process in place used far pick-up and drap-aff af students far the sailing schaal. She did nat want
the additianal respansibility af dealing with students being drapped aff in the praposed driveway
entrance area. The current process wauld cantinue to. be enfarced regarding the students being
transparted to. the sailing schaal.
Jahn Crass alSo. stated that by removing the middle dack af the three an the expansian site, the area
wauld be left in a mare natural state.
Chair Bailey clased the Public Hearing at 9:04 P.M.
Cammissianer Andersan stated his two. cancerns to. be related to. starage and screening af the boats, and
the clase praximity af the parking to. the lake. AlSo., he believed access to. Timber Lane shauld be
cantrolled.
. Cammissianer Turgeon cammented she had cancerns. related to. prapased versus actual numbers af
parking spaces an the site. AlSo., she did nat want to. see anather driveway placed anta Caunty Road 19
in that area. Furthermare, she believed sensitivity shauld be used when cansidering implicatians from
the muck an the battam af the lake. She stated she wauld like to. appraach appropriate agencies and
autharities to. fmd aut what is an the lake battam in this area.
Cammissianer Waadruff echaed Cammissianer Turgean's camments regarding the enviranmental
impacts in and araund this area. Cammissianer Boehm alSo. supparted cancerns regarding enviranmental
impacts an this site. He alSo. expressed concern for the parking situatian and proposed averflaw area,
Chair Bailey reminded the Planning Cammissian of the effarts put into. the Camprehensive Plan. He
believed these plans to. be a pasitive step farward, and he did nat want to. lase sight af the apportunity to.
bring this praperty in campliance.
Much discus sian centered an haw to. allaw the applicants to. mave farward with plans althaugh a farmal
Camprehensive Plan amendment cauld nat be appraved this evening.
.
.
.
PLANNING COMMISSION MI1 ES
" OCTOBER 3, 2000 - PAGE 7
Commissioner Anderson commented it seemed as though Mr. Cross had acted in good faith and he
wanted to see the Yacht Club brought into compliance. He noted the approval process can sometimes
appear daunting, and he believed it best to work with the Yacht Club on these matters.
Anderson moved, Boehm seconded, recommending approval of rezoning the parcels in question,
the Conditional Use Permits as presented, and a variance-for John and Judy Cross, representing
Minnetonka Moorings, 600 West Lake Street, subject to fmal approval of the Comprehensive Plan
Amendment and submittal of a professional Landscape Plan, also a plan for controlling the access
to Timber Lane, and an Engineering Report on the matters of the new proposed parking spaces
and existing parking near the lake to be presented on November 2, 2000, as weIJ as scheduling a
public hearing for a formal Comprehensive Plan Amendment on November 2, 2000.
Commissioner Turgeon stated she believed it would be possible to move forward with these requests.
Commissioner Anderson reiterated that it can be a cumbersome process to move government along, but
he believed the Shorewood Yacht Club to be an asset to the City, and he would like to work with the
Yacht Club to move matters forward.
Motion passed 5/0.
4. RECOMMENDATION REGARDING GIDEON GLEN
Director Nielsen stated the City Council had authorized up to $175,000 for the acquisition of the Gideon
Glen property. The Minnehaha Creek Watershed District had agreed to provide up to $200,000 to help in
the acquisition. Other funding sources were being considered as well in an effort to minimize
expenditures for the property.
He also explaiIied there are a number of purposes for securing this property-one of them being wetland
preservation. He also noted the acquisition of this property would be consistent with the Comprehensive
Plan for the City.
Woodruff moved, Anderson seconded, recommending approval for the purchase of the Gideon
Glen property. Motion passed 5/0.
5. MATTERS FROM THE FLOOR
Mr. Jerry Brekke, Howard's Point Marina, was in attendance and stated it was good to see the Planning
Commission work as a group to resolve tough issues. He state he had remained at this meeting because
he wanted to pay the Planning Commission the compliment of doing a good job.
Chair Bailey thanked him for his fine compliment.
6. DRAFT NEXT MEETING AGENDA
The next meeting for the Planning Commission would be November 21, 2000, and would include two
items as well as a discussion regarding Right-of-Way issues.
7. REPORTS
Chair Bailey stated he would be the City Council Liaison for the month of October, 2000.
.
.
,
PLANNING COMMISSIONMI 'ES
OCTOBER 3, 2000 - PAGE 8
8. ADJOU~NT
Anderson moved, Woodruff seconded, adjourning the meeting at 10:02 P.M. Motion passed 5/0.
RESPECTFULLY SUBMITTED,
Sally Keefe,
Recording Secretary
.
CITY OF SHOREWOOD
RESOLUTION NO. 00-111
A RESOLUTION GRANTING A CONDITIONAL USE PERMIT AND VARIANCE
FOR A YACHT CLUB TO :MINNETONKA MOORINGS, INC.
WHEREAS, Minnetonka Moorings, Inc. (Applicant) has an interest in certain real
property located at 600 West Lake Street in the City of Shorewood, County of Hennepin, State of
Minnesota, legally described in Exhibit A, attached hereto and made a part hereof; and
WHEREAS, the Applicant proposes to expand the Shorewood Yacht Club, which
currently occupies the property, add an accessory storage building and additional dock slips; and
.
WHEREAS, the existing Shorewood Yacht Club is a nonconforming use in the R-IAlS
and R-3A1S zoning districts and operates under a court-ordered conditional use permit which was
issued by the City of Shorewood in Council Resolution 24-79, which resolution is on file in the
Shorewood City offices; and
WHEREAS, the City Council has agreed to rezone the subject property to the L-R,
Lakeshore Recreational District, in which the existing caretaker dwelling on the property and the
outdoor storage of boats require a conditional use permit, pursuant to Section 1201.24 Subd. 4 of
the Shorewood City Code; and
WHEREAS, the Applicant has requested a variance to the setback requirements for on-
site parking on the property; and
WHEREAS, the Applicant's request was reviewed by the City flanner, and his
recommendations were duly set forth in memoranda to the Planning Commission dated 27
September 2000, and 1 November 2000 which memoranda are on file at City Hall; and
.
WHEREAS, the Applicant's request was reviewed by the City Engineer, and his
recommendations were duly set forth in a memorandum to the Planning Commission dated
1 November 2000, which memorandum is on file at City Hall; and
WHEREAS, after required notice, a public hearing was held and the application was
reviewed by the Planning Commission at their regular meeting on 3 October 2000, the minutes
of which meeting are on file at City Hall; and
WHEREAS, the Applicant's request for a conditional use permit and variance was
considered by the City Council at its regular meeting.on 13 November 2000, at which time the
Planner's memoranda, the City Engineer's memorandum and the minutes of the Planning
Commission were reviewed and comments were heard by the Council from the City Staff.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
Attachment VI
.
.
."....- ,
FINDINGS OF FACT
1. That the Subject Property is located in an R-lIA, Single~Family
ResidentiallShoreland and R-3A1Multiple-Family Residential/Shoreland zoning district and
contains approximately 4.7 acres.
2. That the subject property currently exists as two parcels of land as described in
Exhibit A, attached hereto and made a part hereof.
3. That the westernmost parcel is currently occupied by three dock structures that
were originally intended for use by certain residents on Timber Lane. The westernmost dock is
accessed by an easement in favor of the owner of the property located at 5585 Timber Lane.
4. That the Shorewood City Council has agreed to rezone the subject property to the
L-R, Lakeshore Recreational District, upon proof of recording of the deed conveying property
described in Exhibit A to Shorewood Yacht Club that shall contain the following language:
"Grantee shall not convey this property to any other person or entity without including in
the conveyance, the property described on the attached Exhibit A (being the property
immediately contiguous to the subject property lying to the east), without prior written
consent of the City of Shorewood."
5. That a clubhouse facility, a caretaker dwelling, a boat launch ramp and boat
docking for 80 sailboats plus 2 management slips currently occupy the site.
6. That, in addition to the water harboring of boats, the Applicant's application
proposes the following activities for the subject property: 1) sailboat rental; 2) sailing school; 3)
incidental boat sales; and 4) storage of weed harvesting equipment.
7: That the Applicant proposes to extend a fourth pier from the westernmost existing
pier on the site, increasing the number of boat slips from 82 to 117.
8. That the Applicant proposes to construct a small pedestrian bridge between the
existing Yacht Club property and the newly acquired westerly parcel.
9. That the Applicant proposes to locate a small sailboat storage rack for the use of a
youth sailing school which will be conducted on the westerly parcel.
10. That the Applicant proposes to erect a boat dock frame and canopy on the
westerly parcel to be used as a shelter for the youth sailing school.
11. That the Applicant's plans show parking for 121 vehicles.
12. That the Applicant's plans are illustrated in the site plans shown on Exhibits B
and C, attached hereto and made a part hereof.
2
CONCLUSIONS
'-
13. That the subject property is located on a lake with at least two public accesses and
is at least 5000 feet away from any other multiple dock facility.
14. That the subject property currently displays three signs, whereas the Shorewood
City Code limits the number of signs in the L-R District to two.
15. That the City has no record of complaints of noise in recent years relative to the
subject property.
16. That the Applicant proposes additional landscaping. and screening along the west
side of the site, abutting the shoreline of the lake and along the south side of the H.C.R.R.A.
right-of-way and along the south side of the site abutting County Road 19, as shown on Exhibit
D, attached hereto and made a part hereof.
.
1. That based upon the foregoing, the City Council hereby grants the Applicant's
request for a conditional use permit for a sailing yacht club at 600 West Lake Street.
2. That this approval is subject to the following conditions:
a. The Applicant must comply with the requirements of Section 1201.24 of the
Shorewood City Code and must obtain an annual license for the facility, pursuant
to Subd. 10 of that section.
b. The Applicant must obtain a multiple dock license, special density license and
necessary variances from the Lake Minnetonka Conservation District.
c.
The permit shall be limited to the docking of sailboats, except for three power
boats used by the management of the Yacht Club. In addition, the dock located at
the westernmost end of the subject property shall be limited to one boat owned by
the residents of 5585 Timber Lane. Weed harvesting equipment shall not count
against the allowable number of power boats.
.
d. The proposed buildings shall be constructed as shown on Exhibits B ~d C,
attached hereto and made a part hereof, and must be constructed in cqmpliance
with the Minnesota State Building Code.
e. Landscaping shall be installed and maintained according to the approved
landscape plan as shown on Exhibit D, attached hereto and made a part hereof.
Landscaping shall be completed by 15 June 2001.
f.
Hours of operation shall be as follows:
Sunday through Thursday:
Friday through Saturday:
6:00 A.M. to 10:00 P.M.
6:00 A.M. to 1 :00 A.M.
3
1.
The shelter for the youth sailing camp shall be a seasonal boat dock canopy to be
taken down at the end of the sailing season.
~
g. Dock quiet hours shall be between the hours of 10:00 P.M and 6:00 A.M.
h. Sailboats, when not in use, shall have their halyards secured by such devices as
will minimize any noise that may be caused by them.
i. Right-of-way shallbe given to all barges and work boats being used by the
adjacent dredging company.
J. Any radios utilized on-board sailboats shall be kept below decks with their
volume at a discreet level.
k. The Applicant shall install a solid core steel door on the gasoline storage shed, per
the requirements of the Fire Marshall. Gasoline storage shall be limited to that
which is used by the management of the Yacht Club.
.
m. The storage rack for the youth sailing camp shall be located 50 feet back from the
.ordinary.high water level of Lake Minnetonka.
n. The access drive from Timber Lane to the westerly portion of the site shall be
gated and locked except for occasional maintenance activities. The driveway
shall not be used as access to the youth sailing camp.
o. No dredging is anticipated as part of this permit. Any future dredging requests
will be subject to normal dredging permit procedures.
p. Any dock pilings to be installed must be driven as opposed to a jetting method.
.
q.
The American Disabilities Act parking spaces must be constructed consistent with
the State Building Code and are subject to the conditions imposed by the Lake
Minnetonka Conservation District.
r. Curbstones shall be installed for each parking stall on the site.
s. The overflow parking area shown on Exhibit B in the southwest corner of the site
is not approved as part of this permit.
t. Prior to any further work being done on the site, the Applicant must provide in
recorded form, evidence that the deed for the land described in Exhibit A, attached
hereto and made a part hereof, contains the following language:
"Grantee shall not convey this property to any other person or entity without
including in the conveyance, the property described on the attached Exhibit A
(being the property immediately contiguous to the subject property lying to the
east), without prior written consent of the City of Shorewood."
4
5
</'
u. The Applicant shall submit a signage plan for the property in compliance with the
requirements of the Shorewood City Code.
3. That the Applicants have satisfied the criteria for the grant of a variance under the
Shorewood City Code and has established an undue hardship as defined by Minnesota Statutes.
4. That based upon the foregoing, the City Council hereby grants to the Applicants a
setback variance for the parking lot as shown on Exhibit B, subject to the conditions set forth
herein.
.
5. That the City Administrator/Clerk is hereby authorized and directed to provide a
certified copy of this resolution for filing with the Hennepin County Recorder or Registrar of
Titles.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 27th day of
November 2000.
tlr::J
WOODY LOVE, MAYOR
ATTEST:
. &7A~.I~ /l.~/",.-'
BRADLEY J.~EN,tCfING CITY ADMINISTRATOR/CLERK:
.
rha t part of Government Lot 2, Section 34, '1'OWIiship 117, Range 23 I described
as follows: Beginning at the intersection of the East line of Lot 24,
"Audicor's SUbdivision Humber 313, Hennepin county, Minnesota",' with a line
drawn parallel with and 18.00 feet Northerly frOlll the center line of the
raiJ.road track of the Chicago and North Western '1'ransportation COl1\()a11y
(formerly the l<<iJ:meapolis end St. I.ou.is Railway Company); ttlenee Westerly
along sud parall'ill1ine a distance of 639.27 feet; thence Northwesterly to
the southwest corner of Lot 25, "Auditor's SUlldivision Number 313, Hennepin
countY, Minnesota"; thence East.a-ly along the Southerly line of said Lot 25 to
the southerly extension of the East line of said Lot 241 thence South along
said ex.tendon to. the point of beiJimU.n;.
Except,. that por.tion' of the above parcels 1 and 2 ellIbrll.ced within Lot 297
luditor~. SUbdivisi.on :Number 13.5 Hezmepin~, Minnesota.
~
.
)escriition;
?C1rce: 1:
rhat. I=art of GoverOltlent Lot; 2, section 34. '1'oWnship 11? I Range 23, described
is follows: Beginning at the intersection of the southerly extension of the
Sast line of Lot 24, -Auditor'S SUbdivision Number 313, HeXlnepin county,
~innesota - with a line drawn parallel 'with and 25.00 feet Southerly from the
:enter line of the railroad track of the Chica.go and North Western
rransportation Co~ (fomerly the Minneapolis and st. Louis Railway
~Qlt\Pa&Y); the1'1ce Westerly along said parallel line a distance of 621.26 feet;
:hence southeaSterlY 29.64 feet, more or less, to a point which is on a line
3.rawn parallel with and 50.00 feet southerly from center line of said railroad.
:rac)c and 606.53 feet westerly along the last described.parallel line from the
;outhlilrly extension of the East line of said Lot 24; thence Westerly along the
Last described. parallel line to the West line of said Government Lot 21 thence
South along sud West llna to the.center line of 'county Road Humber 19; thence
110rtheasterly along the center line of county Road Number 19 to the Southerly
extension of the East line of said Lot 24; thence North along said extension
to ~ point of beginning. Hennepin County, Mihn'esotia.
Parcel 2:
.
parcitl i 3;
rhat~rt of Lot 25. lying Westerly of the following Clescribed line; .
Commencing at.the southeasterly corner of Lot 24, thence South along the Bast
line of said Lot 25 a distance of 24.~O ~eet; thence Cleflecting right 79
Clegr.e. 2S minutes 40 seconCls a distance of 406.48 feet; thence deflecting
right ~ degrees 49 minutes 20 seconds t.o a point. on the Southerly line of
said Lot 25 which is the true point f:)f beginning of the line being described.1
t.hence con~1nuing along last Clescribed line to the shore line of.Lake
Minnetanka and there ending, "Auditor's Subdivision Humber 313, Hennep1n
Cnunty, Minnesota. II .
..
Together with a 12 foot easem.nt for road purposes, the center line of which
is described as follows = Commencing at the Southeast corner of Lot 24 of
said Auditor's SUbdivision, thence South along the Bast line Qf said Lot 25, a
distance of 24"30 feet to the point of beginning of the line being described1
thence deflecting right 81 degrees 59 minutes a distance of 379.0 feet, thence
deflecting right 58 degrees 52 minutes a distance. of 46.06 feet to 8 poine on
the Bast line of above-descdbed property and there ending, as shown 1n deed
Document NUMber 1052891, riles of aegistrar of Titles, (as eo parcel 3)
,Parcel 4:
That part of Gover.mnent Lot 1, section 34, township 117, Range 23, described
as Lot 293, Auditor's.SUbdivision No. 135 and adjacent 60 feet of
Minneapolis and St. Paul Suburban 1la.ilway a.ba.ndonad right-of-way (JIO'.l'E: Lot
293 all under water).'
Exhibit A
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Shorewood Planning Commission
Shorewood, Minnesota
May 28, 2003
MAY 3 0 2.003
:._........_,.0;:-_.....".. ;;-..."""<.=...".;:"~~~~~~~....,........., l~
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Dear Planning Commission Members:
My husband and I are Shorewood residents and live at 5465 Timber Lane. We
are not able to attend the meeting Tuesday, June 3rd, regarding the discusion of
the Shorewood Marina, but would like to share our concerns with you.
I attended the Planning Commission meetings when John Cross and his wife
applied for permission to expand their marina, adding more boat slips and their
boat repair building. The Timber Lane residents agreed to give approval to the
expansion of a sailboat only marina. Mr. and Mrs. Cross asked the Commission
at that time to speed up the process of the approval because the weather was
getting cold, they would be in Florida and wanted to get the expansion done
quickly. The commission acted quickly and the expansion was completed.
John Cross thanked the Commission by illegally adding motor boats to a sailboat
only marina. At various times there were from 16-21 motor boats docked at the
Shorewood Marina. It appears that wetlands have been filled in at some points
to accomodate more sailboat winter storage and the area around the marina is
littered with old wood and garbage. If you walk the adjoining trail(Henn. co,) you
can see the garbage in the water by the marina.
We feel Mr. Cross has not acted in good faith in working with our city and its
processes and seems only to be interested in marina expansion to increase the
value of his property for a future sale. Mr. Cross does not have the best interests
of Shorewood and its future in his new plan.
We would like to see the marina remain a sailboat only marina.
Thank you for your consideration.
Sincerely,
p::- Hans Schayb
Kathy and Nick Ruehl
456 Lafayette Avenue
Excelsior, Minnesota 55331
- - --.----;:;::~i:;--:;::-;~:-;::-::- ,;-;::~;l
May 29,2003
Mr. Bradley J. Nielsen, Planning Director
City of Shorewood
5755 Country Club Road
Shorewood, Minnesota 55331-8927
'MAY 3 0 2003
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Re: Proposed Zoning / Conditional Use Revisions
Shorewood Yacht Club
Dear Mr. Nielsen:
.
I am writing to object to any change in the current zoning ordinance / conditional use that would allow more
powerboat storage than the current ordinance. I am quite upset and bewildered at the request of Mr. Cross
for changing the use.
Four years ago I generally supported the zoning revisions for the Lakeshore Recreational District; however
I did specifically express 5 concerns at the Planning Commission meeting and reiterated those concerns in
the attached letter dated March 21, 1999. As noted, Mr. Cross stated at the meeting that he had no problem
restricting the dock space to sailboats. My understanding is that the final ordinance allowed dockage for 4
powerboats.
In May of2000, I supported the expansion of the sailboat docks for Mr. Cross (see the second attached
. letter), as up until that time he was quite responsive to the concerns of our residential neighborhood relative
to halyard/mast and people noise.
.
Over the past two summers, however, we have had nothing but problems with the occupants of two
particular sailboats - "Ooh Baby" and "Pinch Me." Well into the evening the people are loud and most
times their behavior is obnoxious. No end of complaining to the management of the marina has resulted in
either a relocation of the boats or reduction of noise. This year we intend to contact the Police rather than
the management.
I cannot think of anything worse than introducing more powerboats to the marina. For all of the previously-
stated reasons this is a terrible idea. Add to those, the reality that powerboats are more conducive to late
night gatherings of people (and alcohol), and the result will be more noise (engine / people) and a huge
disturbance in a predominantly residential neighborhood.
Based on the above, I ask the Planning Commission to reject the request to expand powerboat dockage.
I intend to be at the upcoming public hearing. Thank you.
Sincerely,
cY~ltttJU(O (tvt:44L.--
Nick Ruehl
.
.
..
J. Nicholas Ruehl, Architect
456 Lafayette Avenue
Excelsior, Minnesota 55331
March 21, 1999
Mr. Bradley J. Nielsen, Planning Director
City of Shorewood
5755 Country Club Road
Shorewood, Minnesota 55331-8927
Re: Proposed Zoning Revisions
Marina & Yacht Club
Dear Mr. Nielsen:
Thank you for the opportunity to meet with the Planning Commission members and City Staff
last Tuesday. At the meeting I was able to respond to the second draft of the proposed
ordinance for Lakeshore Recreational Districts. We discussed the following issues relative to
the Shorewood Yacht Club:
1. In 1975, John Cross was successful in establishing the Yacht Club, over the objections of
many. During his application process, I told John that I would support his project with the
following reservations:
. There would be no powerboats docked at the Yacht Club;
· There would be no gas sales from the docks;
. There would be no late night parties allowed on the sailboats;
. There would be little, if any, noise from howling masts or snapping halyards.
2. The proposed ordinance appears to allow powerboats and gas sales.
3. Powerboat docking and gas sales would fundamentally change the character of the back
bay of Guideon's in a negative way, by encouraging higher intensity usage. This would
generate more traffic, noise, and certainly affect water quality, as the bay is rather shallow.
4. Guideon's Bay, particularly the Back Bay, is essentially residential in character. I am very
concerned about anything that would affect the quiet neighborhood.
5. John Cross was present at the 3/16 meeting and indicated that he had no problem with
restricting the Shorewood Yacht Club to sailboats and no gas dock sales.
Based on the above, I ask the Planning Commission to limit the Shorewood Yacht Club to
sailboats and not allow gas sales at the dock.
Thank you for your consideration. Please do not hesitate to contact me if you need additional
information.
Sincerely,
5/~'tfa) (JV(0
Nick Ruehl
May 31, 2000
Mr. John Cross
600 West Lake Street
Shorewood, Minnesota 55331
J. Nicholas Ruehl, Architect
456 Lafayette Avenue
Excelsior, Minnesota 55331
Re: Shorewood Yacht Club Dock Addition
.
Dear John:
Thank you for sharing with me your plans to add additional dock slips at the Yacht Club.
Based on the plan presented, the additional slips will have no detrimental effect to our
enjoyment of the lake or our property values.
For over 20 years, John, the Yacht Club has been a very fine neighbor. We have had no issues
with noise, pollution, or safety. You have managed the Club in a manner that has been nothing
but "neighborly."
Best wishes for continued success.
.
Sincerely,
.;/'/.'\103 ('jML
Nick Ruehl
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BEST & FLANAGAN LLP
ATTOHNEYS AT LAW
225 South Sixth Street, Suite 4000
Minneapolis, Minnesota 55402-4690
Telephone 6123397121
Faesimile 6123395897
www.bestlaw.com
JUN
2 2003
Direct Dial: (612) 349-5648
E-mail: rmelIer~bestlaw.com
May 29, 2003
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Shorewood Planning Commission
c/o Bradley J. Nielsen
City of Shorewood
Planning Department
5755 County Club Road
Shorewood,~ 55331
Re: Shorewood Yacht Club, 600 West Lake Street
Dear Planning Commission Members:
This is to respectfully submit strong opposition to a Shorewood Yacht Club request to
dramatically change their operation from a sailing yacht ~lub to a motorboat marina. Such a
change would have a dramatically negative impact on the Yacht Club's Gideon's Bay
neighbors.
I am an owner of property at 446 Lafayette, and the Yacht Club sailboats ingress and egress
from the Yacht Club via a narrow, dredged channel in front of my property. The sailboats are
obviously slow, quiet, attractive, and safe. Conversely, powerboats are far noisier, faster,
create wakes, and pose a significantly increased safety hazard. Because of the location of the
dredged channel close to shore, it is common to have children swimming and on rafts within
the channel. Because the shore off of Frog Island is extremely shallow for a long way
towards my property, there is only a very narrow channel which will permit ingress and
egress, unlike the unfettered access which other marinas enjoy. This unique ingress and
egress limitation renders the conversion to over 100 powerboats completely inappropriate.
The sailboat Yacht Club has an attractive, New England sailing village positive visual impact
which would obviously be destroyed by conversion to common powerboats. Sailboats are
also environmentally friendly compared to powerboats as there is very limited use of fuel,
and virtually non-existent gasoline leakage into the lake.
For these reasons of safety, noise, visual impact, and environmental degradation, and because
there is no counter-balancing reasoning justifying this conversion, we request that this
application be summarily denied.
Thank you for your patience and attention to my concerns.
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JUN
2 2003
The Planning Commission
City of Shorewood
5755 Country Dub Road
Shorewood, MN 55331
Re: The Shorewood Yacht Club's request for amendments which would allow the Yacht Dub to
harbor either sailboats or powerboats at its dock slips.
My wife, Lucille Goodwyne, and I own the property and live at 5525 Timber Lane, Shorewood.
Ours is the first home on the lake west of the Yacht Dub. We write to oppose the requested
amendments.
Several years ago when the Yacht Club was requesting permission to increase its number of
slips we were visited by John Cross who promised us that the proposed increase in the number
of slips was only for sailboats. We, therefore, made no objection to his request for permission
for additional slips.
As you surely know, the Yacht Club proceeded to violate the revised zoning ordinance and its
promise to neighbors by renting sips to a number of powerboats. Having been granted an
amendment to increase the number of sailboat slips which was immediately violated, we see no
reason to reward the Yacht Club with a new amendment to the zoning ordinance.
This portion of Gideon's Bay is small and shallow and is heavily infested with milfoil. It
already has heavy barge and sailboat traffic. The requested amendments to the zoning ordinance
would allow the Yacht Cub to provide slips for more than one hundred powerboats. While it is
likely that at the present time slips would only be used by approximately twenty-five
powerboats (in itself far too many), all one hundred or more slips could be used by powerboats.
Even twenty-five additional powerboats coming in and out of this small section of the bay
would over use the area. A full contingent of powerboats would be intolerable.
We urge the Planning Commission to reject the request.
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. chard A Lundy ~le Goodwyne
Dick Lundy, 5525 Timber Lane, Excelsior, MN 55332, emaiI: dlundy@mchsi.com
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Richard R. Tradewell
5515 Timber Lane
Shorewood, MN. 55331
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Shorewood Planning Commission
City of Shorewood
Dear Shorewood Planning Commission:
.
I did not receive direct notice of hearing regarding Shorewood Yacht
Club request, but receive copy of notice from neighbor.
( would appreciate beina notified as I would be effected bv changes
to zonina reauest.
I did not object to the expansion of the Shorewood Yacht Club
several years ago, but I very much object to the request to allowing
more than the current limit of four powerboats.
There request would be a major change of business as zoned and
would have a adverse impact to my neighborhood in the bay, with
increased noise and other impacts that the powerboats would have.
Sincerely,
· ~~,6Jc::;? ~~
Richard R. Tradewell
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.
Peter S. Wattson
5495 Timber Lane
Shorewood, MN 55331
(952) 474-7988
peterwattson@earthlink.net
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June 1,2003
Bradley J. Nielsen
c/o Planning Department
City of Shorewood
5755 Country Club Road
Shorewood, MN 55331
Dear Mr. Nielsen:
. I regret that I will be out of town Tuesday night, June 3, when the Planning Commission will
consider the application of the Shorewood Yacht Club to amend the zoning ordinance and amend its
conditional use permit to allow it to moor an unlimited number of powerboats in the slips currently limited
to sailboats. I submit this letter in opposition to the request.
In 1975, John Cross sought a permit from the City of Shorewood to construct a commercial marina
to moor 270 boats of all kinds. My neighbors on Gideon's Bay and I opposed the request, and the City
voted to deny it. Mr. Cross challenged the City's decision in district court and was successful in getting an
order compelling the City to issue the permit. The Gideon's Bay Homeowner's Association and I
intervened in the case on behalf of the City and appealed the district court's decision to the Minnesota
Supreme Court. In 1979, the Court denied our appeal. The City and the LMCD granted Mr. Cross, doing
business as the Shorewood Yacht Club, the right to construct a marina to moor 80 sailboats.
.
Until the last year or so, Mr. Cross has run an exemplary operation. The sailboats are no bother at
all. The sailors keep their halyards tied off so they don't clang against the mast, they don't have loud
parties, and they don't cause any trouble. The boats are a pretty sight. The Shorewood Yacht Club runs
occasional races and someone runs a modest sailing school. They have been good neighbors.
I understand that the Shorewood Yacht Club has had some trouble with the City in the last year for
exceeding the number of powerboats aliowed under its conditional use permit. If the Club needed a couple
more boats to help run races or teach sailing, I would have no objection. However, I have been told that
the Club's current application is for an unlimited number of powerboats, apparently because the new slips
it recently added have not all been rented for sailboats. It is unfortunate that the recent expansion may
have been too ambitious for the market. I don't see that as sufficient reason to permit the entire operation
to be converted from sailboats to powerboats.
I respectfully request that you deny the application for unlimited mooring of powerboats at the
Shorewood Yacht Club.
Sincerely,
~~?h;/V' -
Peter S. Watts on
.
.
I
June 2,203
City of Shorewood
Subject; Zoning amendment! Shorewood Yacht Club
The request to amend ; allowing power boat in what has been for years a
sailboat marina seems to break the trust and understanding that
was established years ago.
The quiet waters and low wake that now exists would be lost.
Although I don't want to try to control their growth it does break the
original agreement that the neighbors have understood to be a good one.
t',
Thank you.
R.H. Cole
458 Lafayette Avenue
Excelsior. MN.
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CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331 ~8927' (952) 474~3236 .
FAX (952) 474-0128' www.cLshorewood.mn.us' cityha!l@cLshorewood.mn.us
MEMORANDUM
.
TO:
Mayor and City Council
FROM:
Brad Nielsen
DATE:
10 Jllly 2003
RE:
Shorewood Yacht Club - Planning Co.mmission Findings
FILE NO.
405(03.16)
Attached are the Planning Commission's findings relative to the Shorewood Yacht
Club's text and C.D.P. amendment request. The highlighted areas are minor changes
suggested by the City Attorney.
.
Cc: Planning Commission
Craig Dawson
Tim Keane
John Cross
ft
'.J PRINTED ON RECYCLED PAPER
.
.
SHOREWOOD PLANNING COMMISSION
FINDINGS OF FACT
REGARDING SHOREWOOD YACHT CLUB REQUEST FOR AMENDMENTS TO L-R
ZONING DISTRICT PROVISIONS AND TERMS OF CONDITIONAL USE PERMIT
WHEREAS, John Cross (Applicant), representing Minnetonka Moorings, Inc., has an
interest in the property (Subject Property) located at 600 West Lake Street, legally described in
Exhibit A, attached hereto and made a part hereof; and
WHEREAS, the Subject Property is subject to the requirements of the L-R, Lakeshore
Recreational zoning district, a conditional use permit as set forth in Shorewood City Council
Resolution No. 00-111, and a multiple dock facility license approved by the City Council at its
regular meeting of 28 April 2003; and
WHEREAS, both the L-R zoning district and the conditional used permit referenced
above limit the number of powerboats that may be kept at the Subj ect Property to four; and
WHEREAS, the Applicant has applied to the City for a zoning ordinance text
amendment and an amendment to the terms of the existing conditional use permit, eliminating
the restrictions relative to the number of powerboats that may be kept on the Subject Property;
and .
WHEREAS, the Applicant's application was reviewed by the Shorewood Planning
Director, and his recommendations have been set forth in a memorandum to the Planning
Commission, Mayor and City Council, dated 29 May 2003; and
WHEREAS, a public hearing was held and the Applicant's application was reviewed by
the Planning Commission on 3 June 2003, the minutes of which meeting are on file at the
Shorewood City Hall;
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
Shorewood as follows:
FINDINGS OF FACT
1. The Subject Property is zoned L-R, Lakeshore Residential and is subject to a conditional
use permit as set forth in Shorewood City Council Resolution No. 00-111.
2. The Subject Property contains approximately 2.84 acres ofland, separated through the
middle by the Hennepin County Regional Railroad Authority right-of-way.
3. The Subject Property is located on Gideon's Bay, Lake Minnetonka.
4. Zoning and land use surrounding the Subject Property are as follows:
North:
Lake Minnetonka
.
.
East:
Minnetonka Portable Dredging Company; zoned C-4, Service Commercial
and single-family residential, zoned R-1A/S, Single and Two-Family
Residential
County Road 19, then commercial (The Garden Patch and Shorewood
Nursery); zoned C-4, Service Commercial and R-C, Residential
Commercial
Townhouse common area, then single-family residential; zoned R-1B/S,
Single-Family ResidentiallShoreland
South:
West:
5. Land use zoned for single-family residential development is located within 300 feet of
adjacent to the Subject Property. *
6. Water access to the Subject Property is via a well-defined, dredged channel located
between two small islands known as Duck Island and Frog Island. Concerns have been
raised that additional powerboat traffic will accelerate erosion on the shorelines of those
islands.
7.
A former sewage treatment plant, operated by the City of Excelsior, drained into
Gideon's Bay through the Subject Property. raising concerns were raised about
powerboat traffic churning phosphorous lEwels and other freshwater contaminants
residing in the silt at the bottom of the bay.*
8. Residents have expressed concerns about additional powerboats adversely affecting the
safety for users of small boats in Gideon's Bay.
CONCLUSIONS
A.
Based upon the findings contained herein, the Planning Commission determines that the
Applicant's Plans are inconsistent with the following policies of the Shorewood
Comprehensive Plan 2000 (hereinafter the "Plan") and recommends that the City Council
deny the Applicant's request for a zoning ordinance text amendment:
1. The natural and aesthetic quality of Shorewood' s lakeshore environment is to be
maintained and where possible improved. (plan pg. NR-8)
2. Support shall be given to efforts aimed at reducing lake pollution. (plan pg. NR-
8)
3. Shorewood's lakeshore shall be protected from overintensification of use and
development. (plan pg. LU-8)
4. Residential neighborhoods shall be protected from adverse environmental
impacts, including noise, air and visual pollution. (Plan pg. LU-9)
B. The Planning Commission recommends the Applicant's requests for an amendment to its
conditional use permit be denied, since it is inconsistent with the Comprehensive Plan
and the existing zoning of the Subject Property.
-2-
.
.
C. The Planning Commission recommends the Applicant's request for an amendment to its
Conditional Use Permit be denied, since the applicant failed to demonstrate a compelling
public purpose for changing an agreement freely entered into three years prior to this
request, and the justification presented appeared to be economic in nature.
ADOPTED BY THE PLANNING COMMISSION OF THE CITY OF SHOREWOOD this
1st day of July, 2003.
Respectfully submitted
Jim Pisula, Acting Chair
* Changes shown by strikeouts and italics are suggested by the City Attorney
-3-
..,
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236
FAX (952) 474-0128 .www.cLshorewood.mn.Us. cityhall@cLshorewood.mn.us
MEMORANDUM
TO:
Planning Commission, Mayor and City Council
FROM:
Brad Nielsen
.
DATE:
19 June 2003
RE:
Fence Ordinance Amendments
FILE NO.:
Zoning (1201.03 Subd. 2.f.)
Section 1201.03 Subd. 2.f. of the City Code prescribes regulations for the construction of
fences in various zoning districts. There are a couple of recurring issues that have arisen..
over the years that need to be addressed: 1) fence height; and 2) fences around swimming
pools.
.
Fence Height
Shorewood's maximum fence height requirements range from four feet to six feet,
depending on where on the property the fence is located. These regulations are generally
in tune with what is offered by fence manufacturers and installers, with one exception.
Very often fence designs will include posts that extend over the top of the plane of the
fence by as much as six to eight inches (see ExhIbit A, attached). This allows for
decorative caps or carvings at the top of the post. Since the fence height is a maximum,
the owner is faced with reducing the height of the fence plane, or foregoing the
decorative post tops.
While it is tempting to look the other way and consider the height to be a "nominal
measurement" (i.e. as long as it isn't over half a foot, round the measurement down), it
would be preferable to clarify the Code. Staff is therefore offering the following
amendment to Section 1201.03 Subd.2.f.:
"(12) Fence Height: The height offences prescribed herein shall be considered
to be the maximum height allowed. Fenceposts may extend above the specified height by
no more than eight inches (8 "). "
ft
~., PRINTED ON RECYCLED PAPER
#3. {!,.
Memorandum
Re: Fence Ordinance Amendments
19 June 2003
Staff considers this to be a relatively minor, bu~ useful change to the Code that will be of
benefit to property owners without undermining the intent of the height requirements.
Fences Around Swimming Pools
Section 1201.03 Subd. 2.f.(7) requires that all pools be completely enclosed by a
minimum four-foot high, nonclimbable fence with a self-closing gate. The primary intent
of this regulation is to provide at least a four-foot high barrier to prevent small children
and occasionally stray pets from falling into unattended pools. While this requirement
makes absolute sense, we occasionally receive complaints from property owners wishing
to build above ground pools. They argue that the side of the pool itself, plus guardrails,
satisfies the barrier requirement, as long as any stair or ladder into the pool is enclosed
and provided with a self-closing gate. While this may be the case, it does not provide a
secondary benefit of fencing - screening. Although many aboveground pools come with
decorative skirting, many can have a rather structural appearance which, when combined .
with color, can become quire obtrusive.
It should be noted that the City debated this issue several years ago, and after
considerable discussion, it was decided that the fence enclosure requirement should
remain in the Code. Staff is not advocating either way on this issue, but simply wishes to
reaffirm the City's present policy.
Aboveground Swimming Pools - Setbacks
Somewhat related to fencing for aboveground pools, is the location of the pool itself on
the property. Section 1201.03 Subd. 3.c.(6) of the City Code relaxes the rear yard
setback requirement for swimming pools to 60 percent of what is allowed for other
structures. For example, in the R-1A zoning district, a house, garage, or other accessory
building must be at least 50 feet from the rear property line. Swimming pools in that
district are allowed to be as close as 30 feet from the rear of the lot. While this makes .
some sense relative to in-ground pools, there is some question as to whether it should
apply to aboveground pools. The cause for concern is primarily the ultimate height of the
structure. It is not uncommon for pool owners to want some sort of guardrail around the
pool. A three-foot guardrail on top of a four-foot or higher pool results in a structure that
is taller than other structures (e.g. fences) that are allowed to encroach in the setback area.
A solution to this question maybe to simply limit the height of aboveground pools to no .
more than six feet, including any kind of guardrail. This would .make them no more
obtrusive than a six-foot high fence. Subd. 3.c.(6) could be modified as follows:
"(6) The minimum rear yard setbackfor swimming pools shall be sixty percent
(60%) of that which is requiredfor the zoning district in which the pool is located. No
part of anv such 0001. includinfl flUardrails. shall exceed six feet (6 ') above grade in
heiflht. Deckinfl. patios and pool aprons shall not encroach into the reQuired rear vard
setback area. Rear yard setbacks for lakeshore lots shall be as provided in Section
1201.26 of this Ordinance."
-2-
r
1
,
Memorandum
Re: Fence Ordinance Amendments
19 June 2003
If you have any questions relative to these recommendations, please do not hesitate to
contact me prior to the meeting on 1 July. I will be on vacation next week, returning on
Sunday, 29 June. You may contact me at home via e-mail (abinielsen@msn.com) or by
phone (763-566-8355).
Cc: Craig Dawson
Patti Helgesen
Pamela Helling
Joe pazandak
.
.
-3-
.
.
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236
FAX (952) 474-0128. www.cLshorewood.mn.us. cityhall@cLshorewood.mn.us
MEMORANDUM
Date:
To:
From:
Re:
Cc:
July 14, 2003
Honorable Mayor and City Council Members ..
Bonnie Burton, Finance DirectortIreasurer ~
Sale of Bonds: 2003 General Obligation Refunding Bonds
Craig Dawson, City Administrator ~
The City's bond consultant, Paul Donna, of Northland Securities, will be at the July 14
City Council meeting to present the results of the 2003 Sale of Bonds for the General
Obligation Refunding Bonds. As Council will recall, the City has the opportunity to save
approximately $35,000 in interest costs by refunding the 1995 G.O. Water Revenue
Bonds at a more favorable interest rate. A sample resolution is attached for your review.
Paul will provide the details on Monday following the bond sale.
Also attached for your review is a copy of the Moody's Investor Services report showing
that they have upgraded the City's bond rating from Al to AA3. This is very good news
for the City and staff was most pleased to hear of the upgrade. The last time the City's
bond rating was upgraded was November, 1993.
Recommended Council Action
Staff recommends adoption of the Resolution Awarding the Sale of 2003 G.O. Refunding
Bonds, as presented by Bond Consultant Paul Donna, of Northland Securities.
#- 'fA
ft:
t..1 PRINTED ON RECYCLED PAPER
MOODY'S UPGRADES RATiNG TO Aa3 FROM A1 ON THE CiTY OF SHOREWOOD (MN) $14.8
MiLLiON G. O. DEBT, iNCLUDiNG THE CURRENT iSSUE
Aa3 ASSiGNMENT TO SHOREWOOD'S $815,000 G.O. WATER REVENUE CROSSOVER REFUNDiNG
BONDS, SERiES 2003
Shorewood (City of) MN
Municipality
Minnesota
Moody's Rating
issue
Rating
General Obligation Water Revenue Crossover Refunding Bonds,
Series 2003
Sale Amount
Expected Sale Date
Rating Description
Aa3
$815,000
07/14/03
General Obligation Unlimited Tax
NEW YORK, July 9, 2003 -- Moody's Investors Service has assigned a Aa3 rating to
the City of Shorewood $815,000 General Obligation Water Revenue Crossover
Refunding Bonds, Series 2003. Concurrently, Moody's has upgraded the rating to
Aa3 from Ai on the city's outstanding parity debt, affecting $14.8 million,
including the current issue. The bonds are secured by the unlimited tax pledge
of the city, although debt service is expected to be supported by net revenues
from the city's water utility. Proceeds will refund outstanding maturities of
Series 1995A bonds for estimated net present savings of $770,000, or 3.8% of
refunded par. The upgrade and Aa3 rating reflects the city's mature economy with
affluent wealth levels and healthy tax base growth; strong financial operations
characterized by healthy reserve levels; and average debt levels.
MATURE AND WEALTHY COMMUNITY EXPERIENCES HEALTHY TAX BASE GROWTH
Located about 15 miles west of the Twin Cities along the southern shore of Lake
Minnetonka, Shorewood displays very strong wealth indices which are
approximately double the state norm, while full value per capita is also very
strong at $148,226. The city's tax base, valued at $1.1 billion in 2002, has
grown at an average annual rate of 11.5% annually over the past five years,
mainly driven by property appreciation. Shorewood, which has average home prices
in the top 10 in the Twin Cities area, is a primarily residential and mature
community, although management reports that some tear-down and in-fill
development is taking place. Moody's expects the city's tax base to continue to
grow given ongoing improvements to properties and a modest level of new
development, as well as continued strong demand for property.
STRONG FINANCIAL OPERATIONS CHARACTERIZED BY AMPLE RESERVES
Moody's expects the city to maintain stable financial operations due to a
history of conservative budgeting, characterized by the maintenance of healthy
reserves, as well as the lack of reliance on state aid, a precarious revenue
source given the State of Minnesota's fiscal problems. Following an operating
surplus of $135,000, the city ended FY 2002 with a General Fund balance of $2.2
million, or a healthy 59.4% of General Fund revenues. Property taxes comprise
the largest portion of revenues, equalling 72.2% of the combined revenues of the
.
.
.
.
General and Debt Service funds. This reliance on property taxes has provided
ongoing stability, insulating the city to a large degree from the state
budgetary problems, as state aid comprises a small 4.7% of revenues.
Nonetheless, the city will receive a reduction in local government aid of
$92,000 in both FY 2003 and FY 2004. Management plans to overcome the shortfall
by reducing the annual transfers from the General Fund to the Capital Projects
Fund, which have been over $500,000 annually over the past three years. The city
will also levy 60% of the cut in FY 2004 as allowed by the state legislature.
An additional source of revenue is the city's liquor fund. In FY 2002, the city
transferred $55,000 from the Liquor Fund, or 40% of net operating profits,
although the city maintains the ability to transfer up to 100% of profits if
needed. Debt service represented a low 4.4% of expenditures in FY 2002.
AVERAGE DEBT BURDEN AND LIMITED CAPITAL NEEDS
Moody's expects the city's debt burden to remain manageable given expected
ongoing tax base growth and limited capital needs. The city's overall debt
burden is moderate at 3.1%, with approximately half due to the direct borrowing
of the city (direct debt 1.4%). The city does not plan to issue additional bonds
in FY 2003, although management is considering borrowing for the construction of
a new municipal liquor store in FY 2004, at a cost of approximately $700,000. In
the longer term, the city may borrow for a new city hall in three to five years,
with current estimates showing a construction cost of $2-3 million. Payout of
outstanding obligations is below average with 42.5% of principal retired in ten
years. It should be noted that the city's water utility system is not self-
supporting. However, management has a three-year plan in place to increase rates
in order to close the gap between operating revenues and expenditures, and
expects the system to be self-supporting by FY 2005. The system currently serves
40% of the Shorewood population, and the potential exists for a major expansion
works to take place in the event of a successful petition by residents for
connection (which would require the support of 67% of the petitioning
neighborhood). Taking into account the additional debt that would be required,
Moody's expectation is that the city will make the necessary rate adjustments
should such a petition occur, in order to ensure the system is self-supporting.
KEY STATISTICS
2000 population estimate: 7,400
2002 full value: $1.1 billion
Full value per capita: $148,226
Hennepin County unemployment (4/03): 3.9%
Hennepin County unemployment (4/02): 3.9%
Overall debt burden: 3.1%
Payout of principal (10 years): 42.5%
FY 2002 General Fund balance: $2.2 million (59.4% of General Fund revenues)
Median Family Income (as percentage of state): 183.0%
Per Capita Income (as percentage of state): 191.5%
ANALYSTS:
Christine Grima, Analyst, Public Finance Group, Moody's Investors Service Julia
Harris, Backup Analyst, Public Finance Group, Moody's Investors Service
Edward Damutz, Senior Credit Officer, Public Finance Group, Moody's Investors
Service
CONTA~TS:
Journalists: (212) 553-0376
Research Clients: (212) 553-1653
Copyright 2003, Moody's Investors Service, Inc. and/or its licensors including
Moody's Assurance Company, Inc. (together, "MOODY'S"). All rights reserved.
ALL INFORMATION CONTAINED HEREIN IS PROTECTED BY COPYRIGHT LAW AND NONE OF SUCH
INFORMATION MAY BE COPIED OR OTHERWISE REPRODUCED, REPACKAGED, FURTHER
TRANSMITTED, TRANSFERRED, DISSEMINATED, REDISTRIBUTED OR RESOLD, OR STORED FOR
SUBSEQUENT USE FOR ANY SUCH PURPOSE, IN WHOLE OR IN PART, IN ANY FORM OR MANNER
OR BY ANY MEANS WHATSOEVER, BY ANY PERSON WITHOUT MOODY'S PRIOR WRITTEN CONSENT.
All information contained herein is obtained by MOODY'S from sources believed by
it to be accurate and reliable. Because of the possibility of human or
mechanical error as well as other factors, however, such information is provided
"as is" without warranty of any kind and MOODY'S, in particular, makes no
representation or warranty, express or implied, as to the accuracy, timeliness,
completeness, merchantability or fitness for any particular purpose of any such
information. Under no circumstances shall MOODY'S have any liability to any
person or entity for (a) any loss or damage in whole or in part caused by,
resulting from, or relating to, any error (negligent or otherwise) or other
circumstance or contingency within or outside the control of MOODY'S or any of
its directors, officers, employees or agents in connection with the procurement,
collection, compilation, analysis, interpretation, communication, publication or
delivery of any such information, or (b) any direct, indirect, special,
consequential, compensatory or incidental damages whatsoever (including without
limitation, lost profits), even if MOODY'S is advised in advance of the
possibility of such damages, resulting from the use of or inability to use, any
such information. The credit ratings, if any, constituting part of the
information contained herein are, and must be construed solely as, statements of
opinion and not statements of fact or recommendations to purchase, sell or hold
any securities. NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE ACCURACY, TIMELINESS,
COMPLETENESS, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF ANY SUCH
RATING OR OTHER OPINION OR INFORMATION IS GIVEN OR MADE BY MOODY'S IN ANY FORM
OR MANNER WHATSOEVER. Each rating or other opinion must be weighed solely as one
factor in any investment decision made by or on behalf of any user of the
information contained herein, and each such user must accordingly make its own
study and evaluation of each security and of each issuer and guarantor of, and
each provider of credit support for, each security that it may consider
purchasing, holding or selling. Pursuant to Section 17(b) of the Securities Act
of 1933, MOODY'S hereby discloses that most issuers of debt securities
(including corporate and municipal bonds, debentures, notes and commercial
paper) and preferred stock rated by MOODY'S have, prior to assignment of any
rating, agreed to pay to MOODY'S for appraisal and rating services rendered by
it fees ranging from $1,500 to $1,500,000.
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RESOLUTION NO.
A RESOLUTION AWARDING THE SALE OF $ GENERAL
OBLIGATION REFUNDING BONDS OF 2003;
FIXING THEIR FORM AND SPECIFICATIONS;
DIRECTING THEIR EXECUTION AND DEUVERY;
PROVIDING FOR THEIR PAYMENT; PROVIDING FOR THE
ESCROWING AND INVESTMENT OF THE PROCEEDS THEREOF;
AND PROVIDING FOR THE REDEMPTION OF
BONDS REFUNDED THEREBY.
BE IT RESOLVED By the City Council of the City of Shorewood, Hennepin County,
Minnesota (City) as follows:
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Section 1.
Sale of Bonds.
1.01. It is hereby determined that:
(a) the City is authorized by the provisions of Minnesota Statutes, Chapter 475
(Act) and Section 475.67, Subdivision 13 of the Act to issue and sell its general obligation bonds to
refund outstanding bonds when determined by the City Council to be necessary and desirable;
(b) it is necessary and desirable that the City issue $ General
Obligation Refunding Bonds of 2003 to refund in advance of maturity and at their redemption date,
certain outstanding general obligations of the City;
(c) the outstanding bonds to be refunded (Refunded Bonds) consist of the
$1,920,000 General Obligation Water Revenue Bonds, Series 1995A, dated November 1, 1995, of
. which $770,000 in principal amount is callable on February 1,2005 (Redemption Date).
The proposal of Northland Securities, Inc. (Purchaser) to purchase $ General
Obligation Refunding Bonds of 2003 (Bonds) of the City described in the Official Terms of
Proposal thereof is determined to be a reasonable offer and is accepted, the proposal being to
purchase the Bonds at a price of $ plus accrued interest to date of delivery, for Bonds
bearing interest as follows:
DJK-234059vl
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Year of
Maturity
Interest
Rate
2006
2007
2008
2009
2010
2011
True interest cost:
1.02. The City will forthwith issue and sell the Bonds pursuant to Minnesota Statutes,
Chapter 475 (Act) in the total principal amount of $ , originally dated August 1,2003, in
the denomination of $5,000 each or any integral multiple thereof, numbered No. R-l, upward, .
bearing interest as above set forth, and maturing serially on February 1 without option of prior
payment in the years and amounts as follows:
Year Amount
2006
2007
2008
2009
2010
2011
Section 2.
Registration and Payment.
.
2.01. Registered Form. The Bonds will be issued only in fully registered form. The
interest thereon and, upon surrender of each Bond, the principal amount thereof, is payable by check
or draft issued by the Registrar described herein.
2.02. Dates; Interest Payment Dates. Each Bond will be dated as of the last interest
payment date preceding the date of authentication to which interest on the Bond has been paid or
made available for payment, unless (i) the date of authentication is an interest payment date to
which interest has been paid or made available for payment, in which case the Bond will be dated as
of the date of authentication, or (ii) the date of authentication is prior to the first interest payment
date, in which case the Bond will be dated as of the date of original issue. The interest on the Bonds
is payable on February 1 and August 1 of each year, commencing February 1, 2004, to the
registered owners of record as of the close of business on the fifteenth day of the immediately
preceding month, whether or not that day is a business day.
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2.03. Registration. The City will appoint a bond registrar, transfer agent, authenticating
agent and paying agent (Registrar). The effect of registration and the rights and duties of the City
and the Registrar with respect thereto are as follows:
(a) Register. The Registrar must keep at its principal corporate trust office a
bond register in which the Registrar provides for the registration of ownership of Bonds and
the registration of transfers and exchanges of Bonds entitled to be registered, transferred or
exchanged.
(b) Transfer of Bonds. Upon surrender for transfer of a Bond duly endorsed by
the registered owner thereof or accompanied by a written instrument of transfer, in form
satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney
duly authorized by the registered owner in writing, the Registrar will authenticate and
deliver, in the name of the designated transferee or transferees, one or more new Bonds of a
like aggregate principal amount and maturity, as requested by the transferor. The Registrar
may, however, close the books for registration of any transfer after the fifteenth day of the
month preceding each interest payment date and until that interest payment date.
(c) Exchange of Bonds. When Bonds are surrendered by the registered owner
for exchange the Registrar will authenticate and deliver one or more new Bonds of a like
aggregate principal amount and maturity as requested by the registered owner or the owner's
attorney in writing.
(d) Cancellation. Bonds surrendered upon transfer or exchange will be promptly
cancelled by the Registrar and thereafter disposed of as directed by the City.
(e) Improver or Unauthorized Transfer. When a Bond is presented to the
Registrar for transfer, the Registrar may refuse to transfer the Bond until the Registrar is
satisfied that the endorsement on the Bond or separate instrument of transfer is valid and
genuine and that the requested transfer is legally authorized. The Registrar will incur no
liability for the refusal, in good faith, to make transfers which it, in its judgment, deems
improper or unauthorized.
(f) Persons Deemed Owners. The City and the Registrar may treat the person in
whose name a Bond is registered in the bond register as the absolute owner of the Bond,
whether the Bond is overdue or not, for the purpose of receiving payment of, or on account
of, the principal of and interest on the Bond and for all other purposes, and payments so
made to a registered owner or upon the owner's order will be valid and effectual to satisfy
and discharge the liability upon the Bond to the extent of the sum or sums so paid.
(g) Taxes. Fees and Charges. The Registrar may impose a charge upon the
owner thereof for a transfer or exchange of Bonds sufficient to reimburse the Registrar for
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any tax, fee or other governmental charge required to be paid with respect to the transfer or
exchange.
(h) Mutilated Lost, Stolen or Destroyed Bonds. If a Bond becomes mutilated or
is destroyed, stolen or lost, the Registrar will deliver a new Bond of like amount, number,
maturity date and tenor in exchange and substitution for and upon cancellation of the
mutilated Bond or in lieu of and in substitution for any Bond destroyed, stolen or lost, upon
the payment of the reasonable expenses and charges of the Registrar in connection
therewith; and, in the case of a Bond destroyed, stolen or lost, upon filing with the Registrar
of evidence satisfactory to it that the Bond was destroyed, stolen or lost, and of the
ownership thereof, and upon furnishing to the Registrar an appropriate bond or indemnity in
fOlm, substance and amount satisfactory to it and as provided by law, in which both the City
and the Registrar must be named as obligees. Bonds so surrendered to the Registrar will be
cancelled by the Registrar and evidence of such cancellation must be given to the City. If
the mutilated, destroyed, stolen or lost Bond has already matured or been called for
redemption in accordance with its terms it is not necessary to issue a new Bond prior to
payment.
2.04. Appointment of Initial Registrar. The City appoints U.S. Bank National
Association, St. Paul, Minnesota, as the initial Registrar. The Mayor and the City Administrator-
Clerk are authorized to execute and deliver, on behalf of the City, a contract with the Registrar.
Upon merger or consolidation of the Registrar with another corporation, if the resulting corporation
is a bank or trust company authorized by law to conduct such business, the resulting corporation is
authorized to act as successor Registrar. The City agrees to pay the reasonable and customary
charges of the Registrar for the services performed. The City reserves the right to remove the
Registrar upon 30 days' notice and upon the appointment of a successor Registrar, in which event
the predecessor Registrar must deliver all cash and Bonds in its possession to the successor
Registrar and must deliver the bond register to the successor Registrar. On or before each principal
or interest due date, without further order of this Council, the City Administrator-Clerk must
transmit to the Registrar moneys sufficient for the payment of all principal and interest then due.
2.05. Execution, Authentication and Delivery. The Bonds will be prepared under the
direction of the City Administrator-Clerk and executed on behalf of the City by the signatures of the
Mayor and the City Administrator-Clerk provided that those signatures may be printed, engraved or
lithographed facsimiles of the originals. If an officer whose signature or a facsimile of whose
signature appears on the Bonds ceases to be such officer before the delivery of a Bond, that
signature or facsimile will nevertheless be valid and sufficient for all purposes, the same as if the
officer had remained in office until delivery. Notwithstanding such execution, a Bond will not be
valid or obligatory for any purpose or entitled to any security or benefit under this Resolution unless
and until a certificate of authentication on the Bond has been duly executed by the manual signature
of an authorized representative of the Registrar. Certificates of authentication on different Bonds
need not be signed by the same representative. The executed certificate of authentication on a Bond
is conclusive evidence that it has been authenticated and delivered under this Resolution. When the
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Bonds have been so prepared, executed and authenticated, the City Administrator-Clerk will deliver
the same to the Purchaser upon payment of the purchase price in accordance with the contract of
sale heretofore made and executed, and the Purchaser is not obligated to see to the application of the
purchase price.
2.06. Temporary Bonds. The City may elect to deliver in lieu of printed definitive Bonds
one or more typewritten temporary Bonds in substantially the form set forth in Section 3 with such
changes as may be necessary to reflect more than one maturity in a single temporary bond. Upon
the execution and delivery of definitive Bonds the temporary Bonds will be exchanged therefor and
cancelled.
Section 3.
Form of Bond.
3.01. The Bonds will be printed or typewritten in substantially the following form:
No. R-_
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF HENNEPIN
CITY OF SHOREWOOD
$
GENERAL OBLIGATION REFUNDING BOND OF 2003
Rate
Maturitv
Date of
Original Issue
CUSIP
August 1, 2003
Registered Owner: Cede & Co.
The City of Shorewood, Minnesota, a duly organized and existing municipal corporation in
Hennepin County, Minnesota (City), acknowledges itself to be indebted and for value received
promises to pay to the Registered Owner specified above or registered assigns, the principal sum of
$ on the maturity date specified above without option of prior payment, with interest
thereon from the date hereof at the annual rate specified above, payable February 1 and August 1 in
each year, commencing February 1,2004, to the person in whose name this Bond is registered at the
close of business on the fifteenth day (whether or not a business day) of the immediately preceding
month. The interest hereon and, upon presentation and surrender hereof, the principal hereof are
payable in lawful money of the United States of America by check or draft by U.S. Bank National
DJK-234059vl
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Association, St. Paul, Minnesota, as Bond Registrar, Paying Agent, Transfer Agent and
Authenticating Agent, or its designated successor under the Resolution described herein. For the
prompt and full payment of such principal and interest as the same respectively become due, the full
faith and credit and taxing powers of the City have been and are hereby irrevocably pledged.
The City Council has designated the issue of Bonds of which this Bond forms a part as
"qualified tax exempt obligations" within the meaning of Section 265(b)(3) of the Internal Revenue
Code of 1986, as amended (the Code) relating to disallowance of interest expense for financial
institutions and within the $10 million limit allowed by the Code for the calendar year of issue.
This Bond is one of an issue in the aggregate principal amount of $ all of like
original issue date and tenor, except as to number, maturity date, and interest rate, all issued
pursuant to a resolution adopted by the City Council on July 14, 2003 (the Resolution), for the
purpose of providing money to refund in advance of maturity and on the Redemption Date, as
defined in the Resolution, a portion of certain general obligation bonds of the City, pursuant to and
in full conformity with the Constitution and laws of the State of Minnesota, including Minnesota
Statutes, Sections 475.67, Subdivision 13. The interest hereon is payable until the Redemption
Date, primarily out of the Escrow Account and Debt Service Account in the City's Refunding Bonds
of 2003 Debt Service Fund and after the Redemption Date from net revenues of the water plant and
system of the City in a special debt service fund of the City, as set forth in the Resolution to which
reference is made for a full statement of rights and powers thereby conferred. The full faith and
credit of the City are irrevocably pledged for payment of this Bond and the City Council has
obligated itself to levy ad valorem taxes on all taxable property in the City in the event of any
deficiency in net water system revenues pledged, which taxes may be levied without limitation as to
rate or amount. The Bonds of this series are issued only as fully registered Bonds in denominations
of $5,000 or any integral multiple thereof of single maturities.
IT IS HEREBY CERTIFIED AND RECITED That in and by the Resolution, the City has
covenanted and agreed that it will continue to own and operate the water plant and system free from
competition by other like utilities; that adequate insurance on said plant and system and suitable
fidelity bonds on employees will.be carried; that proper and adequate books of account will be kept
showing all receipts and disbursements relating to the Water Fund, into which it will pay all of the
gross revenues from the water plant and system; that it will also create and maintain a Refunding
Bonds of 2003 Debt Service Fund, into which it will pay, out of the net revenues from the water
plant and system a sum sufficient to pay principal hereof and interest hereon when due; and that it
will provide, by ad valorem tax levies, for any deficiency in required net water system revenues.
As provided in the Resolution and subject to certain limitations set forth therein, this Bond is
transferable upon the books of the City at the principal office of the Bond Registrar, by the
registered owner hereof in person or by the owner's attorney duly authorized in writing, upon
surrender hereof together with a written instrument of transfer satisfactory to the Bond Registrar,
duly executed by the registered owner or the owner's attorney; and may also be surrendered in
exchange for Bonds of other authorized denominations. Upon such transfer or exchange the City
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will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of
the same aggregate principal amount, bearing interest at the same rate and maturing on the same
date, subject to reimbursement for any tax, fee or governmental charge required to be paid with
respect to such transfer or exchange.
The City and the Bond Registrar may deem and-treat the person in whose name this Bond is
registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of
receiving payment and for all other purposes, and neither the City nor the Bond Registrar will be
affected by any notice to the contrary.
IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts,
conditions and things required by the Constitution and laws of the State of Minnesota to be done, to
exist, to happen and to be performed preliminary to and in the issuance of this Bond in order to
make it a valid and binding general obligation of the City in accordance with its terms, have been
done, do exist, have happened and have been performed as so required, and that the issuance of this
Bond does not cause the indebtedness of the City to exceed any constitutional or statutory limitation
of indebtedness.
This Bond is not valid or obligatory for any purpose or entitled to any security or benefit
under the Resolution until the Certificate of Authentication hereon has been executed by the Bond
Registrar by manual signature of one of its authorized representatives.
IN WITNESS WHEREOF, the City of Shorewood, Hennepin County, Minnesota, by its
City Council, has caused this Bond to be executed on its behalf by the facsimile or manual
signatures of the Mayor and City Administrator-Clerk and has caused this Bond to be dated as of
the date set forth below.
Dated:
CITY OF SHOREWOOD, MlNNESOTA
(Facsimile )
City Administrator-Clerk
(Facsimile )
Mayor
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CERTIFICATE OF AUfHENTICATION
This is one of the Bonds delivered pursuant to the Resolution mentioned within.
U.S. BANK NATIONAL ASSOCIATION
By
Authorized Representative
The following abbreviations, when used in the inscription on the face of this Bond, will be
construed as though they were written out in full according to applicable laws or regulations:
TEN COM -- as tenants
m common
UNIF GIFT MIN ACT Custodian
(Cust) (Minor)
TEN ENT -- as tenants
by entireties
under Uniform Gifts or
Transfers to Minors
IT TEN --
as joint tenants with
right of survivorship and
not as tenants in common
(State)
Act. . . . . .
Additional abbreviations may also be used though not in the above list.
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto
the within Bond and all rights thereunder, and
does hereby irrevocably constitute and appoint attorney to transfer the said Bond
on the books kept for registration of the within Bond, with full power of substitution in the
prelTIlses.
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Dated:
Notice:
The assignor's signature to this assignment must correspond with the name
as it appears -upon the face of the within Bond in every particular, without
alteration or any change whatever.
Signature Guaranteed:
NOTICE: Signature(s) must be guaranteed by a financial institution that is a member of the
Securities Transfer Agent Medallion Program ("STAMP"), the Stock Exchange Medallion Program
("SEMP"), the New York Stock Exchange, Inc. Medallion Signatures Program ("MSP") or other
such "signature guarantee program" as may be determined by the Registrar in addition to, or in
substitution for, STAMP, SEMP or MSP, all in accordance with the Securities Exchange Act of
1934, as amended.
The Bond Registrar will not effect transfer of this Bond unless the information concerning
the assignee requested below is provided.
Name and Address:
(Include information for all joint owners if this Bond
is held by joint account.)
Please insert social security
identifying number of assignee
or other
PROVISIONS AS TO REGISTRATION
The ownership of the principal of and interest on the within Bond has been registered on the
books of the Registrar in the name of the person last noted below.
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Date of Registration
Registered Owner
Signature of
Officer of Registrar
Cede & Co.
Federal ill #13-2555119
3.02. The City Administrator-Clerk is authorized and directed to obtain a copy of the
proposed approving legal opinion of Kennedy & Graven, Chartered, Minneapolis, Minnesota,
which is to be complete except as to dating thereof and cause the opinion to be printed on or
accompany each Bond.
Section 4.
Bonds: Security: Escrow.
4.01. Funds and Accounts. For the convenience and proper administration of the moneys
to be borrowed and repaid on the Bonds and the Refunded Bonds, and to provide adequate and
specific security for the Purchaser and holders from time to time of the Bonds and Refunded Bonds,
there is hereby created a special fund to be designated the Refunding Bonds of 2003 Debt Service
Fund (the Fund) to be administered and maintained by the Administrator-Clerk as a bookkeeping
account separate and apart from all other funds maintained in the official financial records of the
City. The Fund will be maintained in the manner herein specified until all of the Refunded Bonds
have been paid and until all of the Bonds and the interest thereon will have been fully paid. There
will be maintained in the Fund two separate accounts, to be designated the Escrow Account and
Debt Service Account.
(a) Escrow Account. The Escrow Account will be maintained as an Escrow
Account (Escrow Account) with U.S. Bank National Association in St. Paul, Minnesota,
which is a suitable financial institution within the State, whose deposits are insured by the
Federal Deposit Insurance Corporation, whose combined capital and surplus is not less than
$500,000 and said financial institution is hereby designated escrow agent (Escrow Agent)
for the Escrow Account. All proceeds of the sale of the Bonds will be received by the
Escrow Agent and applied to fund the Escrow Account or to pay costs of issuing the Bonds.
Proceeds of the Bonds not used to pay costs of issuance are hereby irrevocably pledged and
appropriated to the Escrow Account, together with all investment earnings thereon. The
Escrow Account will be invested in securities maturing or callable at the option of the
holder on such dates and bearing interest at such rates as will be required to provide
sufficient funds, together with any cash or other funds retained in the Escrow Account, to
pay when due the interest to accrue on each Bond to and including February 1, 2005
(Redemption Date), and to pay when due on the Redemption Date the principal amount of
each of the Refunded Bonds then outstanding. From the Escrow Account there will be paid
(i) all interest paid on, or to be paid on, or to accrue on, the Bonds to and including the
Redemption Date, and (ii) the principal of the Refunded Bonds due by reason of redemption
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on the Redemption Date. The Escrow Account will be irrevocably appropriated to the
payment of the principal of and interest on the Bonds until the proceeds of the Bonds therein
are applied to prepayment of the Refunded Bonds. The moneys in the Escrow Account will
be used solely for the purposes herein set forth and for no other purpose, except that any
surplus in the Escrow Account may be remitted to the City, all in accordance with the
Escrow Agreement (hereafter defined) by and between the City and the Escrow Agent. Any
moneys remitted to the City upon termination of the Escrow Agreement will be deposited in
the Debt Service Account.
(b) Debt Service Account. To the Debt Service Account there is hereby pledged
and irrevocably appropriated and there will be credited: (i) any balance remitted to the City
upon the termination of the Escrow Agreement; (ii) any balance remaining on February 2,
2005, in the Debt Service Fund created by the City Council resolution authorizing the
issuance and sale of the Refunded Bonds (Prior Resolution); (iii) any collections of all taxes
hereafter levied for the payment of the Bonds and interest thereon; (iv) all investment
earnings on funds in the Debt Service Account; (v) after the Redemption Date, net revenues
of the municipal water plant and system pledged to repayment of the Refunded Bonds in the
Prior Resolution; (vi) accrued interest (if any) received upon delivery of the Bonds to the
extent not required to fund the Escrow Account; and (vii) any and all other moneys which
are properly available and are appropriated by the City Council to the Debt Service Account.
The amount of any surplus remaining in the Debt Service Account when the Bonds and
interest thereon are paid will be used as provided in Section 475.61, Subdivision 4 of the
Act.
4.02. Findings. It is hereby found and determined that based upon information presently
available from the City's financial advisers, the issuance of the Bonds will result in a reduction of
debt service cost to the City on the Refunded Bonds, such that The present value of such debt
service or interest cost savings (Reduction) is % of the debt service on the Refunded
Bonds. The Reduction, after the inclusion of all authorized expenses of refunding in the
computation of the effective interest rate on the Bonds, is adequate to authorize the issuance of the
Bonds as provided by Minnesota Statutes, Section 475.67, Subdivisions 12 and 13.
4.03. The moneys in the Debt Service Account will be used solely to pay the principal of
and interest on the Bonds or any other bonds hereafter issued and made payable from the Fund. No
portion of the proceeds of the Bonds will be used directly or indirectly to acquire higher yielding
investments or to replace funds which were used directly or indirectly to acquire higher yielding
investments, except (i) for a reasonable temporary period until such proceeds are needed for the
purpose for which the Bonds were issued, and (ii) in addition to the above, in an amount not greater
than the lesser of five percent of the proceeds of the Bonds or $100,000. To this effect, any
proceeds of the Bonds any sums from time to time held in the Fund (or any other City account
which will be used to pay principal and interest to become due on the Bonds) in excess of amounts
which under the applicable federal arbitrage regulations may be invested without regard as to yield
will not be invested at a yield in excess of the applicable yield restrictions imposed by the arbitrage
DJK-234059vl
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regulations on such investments after taking into account any applicable temporary periods or minor
portion made available under the federal arbitrage regulations. In addition, the proceeds of the
Bonds and money in the Fund will not be invested in obligations or deposits issued by, guaranteed
by or insured by the United States or any agency or instrumentality thereof if and to the extent that
such investment would cause the Bonds to be federally guaranteed within the meaning of Section
149(b) of the Internal Revenue Code of 1986, as amended (the Code).
4.04. General Obligation Pledge. For the prompt and full payment of the principal and
interest on the Bonds, as the same respectively become due, the full faith, credit and taxing powers
of the City will be and are hereby irrevocably pledged. If the balance in the Escrow Account or
Debt Service Account is ever insufficient to pay all principal and interest then due on the Bonds and
any other bonds payable therefrom, the deficiency will be promptly paid out of monies in the
general fund of the City which are available for such purpose, and such general fund may be
reimbursed with or without interest from the Escrow Account or Debt Service Account when a
sufficient balance is available therein. .
4.05. It is determined that estimated collection of net revenues of the water system for the
payment of principal and interest on the Bonds after the Redemption Date will produce at least five
percent in excess of the amount needed to meet when due, the principal and interest payments on
the Bonds and that no tax levy is needed at this time.
4.06. Filing. The Administrator-Clerk is authorized and directed to file a certified copy of
this resolution with the Taxpayer Services Division Manager of Hennepin County and to obtain the
certificate required by Section 475.63 of the Act.
4.07. The City will create and continue to operate its Water Fund to which will be credited
all gross revenues of the water plant and system and out of which will be paid all normal and
reasonable expenses of current operations of the water plant and system. Any balance therein will
be deemed net revenues and will be transferred from time to time, to the Debt Service Account,
which fund will be used only to pay principal of and interest on the Bonds after the Redemption
Date and any other bonds similarly authorized. The Water Fund Accounts established in the
resolution awarding the sale of the Refunded Bonds are continued and will be maintained as therein
provided. There will always be retained in the Debt Service Fund a sufficient amount to pay
principal of and interest on all the Bonds, and the Administrator-Clerk will report any current or
anticipated deficiency in the Debt Service Account to the City Council.
.
4.07. Prior Resolution Pledges. The pledges and covenants of the City made by the Prior
Resolution relating to the ownership, protection of and other particulars governing the operation and
financial management of the municipal water plant and system and the improvements thereto
financed by the Bonds and the Refunded Bonds are restated and confirmed in all respects. The
provisions of the Prior Resolution are hereby supplemented to the extent necessary to give full
effect to the provisions of this resolution.
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Section 5.
Refunding~ Findings~ Redemption of Refunded Bonds.
5.01. As of the date of delivery of and payment for the Bonds the proceeds of the Bonds,
in the amount of $ plus accrued interest on the Bonds less necessary expenses of the
issuance of the Bonds (Proceeds), together with other funds (Funds) in the amount of $
are hereby pledged and appropriated and will be deposited in the Escrow Account.
5.02. It is hereby found and determined that the Proceeds and Funds available and
appropriated to the Escrow Account will be sufficient, together with the permitted earnings on the
investment of the Escrow Account, to pay at maturity or redemption all of the principal of and
redemption premium (if any) on the Refunded Bonds.
5.03. Securities purchased from the monies in the Escrow Account will be limited to
securities specified in Section 475.67, Subdivision 8 of the Act. Northland Securities, Inc., as agent
for the City of Shorewood is hereby authorized and directed to purchase for and on behalf of the
City and in its name, appropriate securities to fund the Escrow Account. Upon the issuance and
delivery of the Bonds, the securities so purchased will be deposited with the Escrow Agent and held
pursuant to the terms of the Escrow Agreement and the Resolution.
5.04. The Refunded Bonds maturing on February 1, 2006 and thereafter will be redeemed
and prepaid on the Redemption Date. The Refunded Bonds will be redeemed and prepaid in
accordance with their terms and in accordance with the terms and conditions set forth in the form of
Notice of Call for Redemption attached hereto as Attachment A which terms and conditions are
hereby approved and incorporated herein by reference. The Registrar for the Refunded Bonds is
authorized and directed to send a copy of the Notice of Redemption to each registered holder of the
Refunded Bonds.
5.05. Escrow Agreement. On or prior to the delivery of the Refunding Bonds, the Mayor
and the Administrator-Clerk are hereby authorized and directed to execute on behalf of the City an
escrow agreement (Escrow Agreement) with the Escrow Agent in substantially the form now on file
with the Administrator-Clerk. All essential terms and conditions of the Escrow Agreement
including payment by the City of reasonable charges for the services of the Escrow Agent, are
hereby approved and adopted and made a part of this resolution, and the City covenants that it will
promptly enforce all provisions thereof in the event of default thereunder by the Escrow Agent.
Section 6.
Authentication of TranscrilJt.
6.01. The officers of the City are authorized and directed to prepare and furnish to the
Purchaser and to the attorneys approving the Bonds, certified copies of proceedings and records of
the City relating to the Bonds and to the financial condition and affairs of the City, and such other
certificates, affidavits and transcripts as may be required to show the facts within their knowledge or
as shown by the books and records in their custody and under their control, relating to the validity
DJK-234059vl
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and marketability of the Bonds, and such instruments, including any heretofore furnished, will be
deemed representations of the City as to the facts stated therein.
6.02. The Mayor and City Administrator-Clerk are hereby authorized and directed to
certify that they have examined the Official Statement prepared and circulated in connection with
the issuance and sale of the Bonds and that to the best of their knowledge and belief the Official
Statement is a complete and accurate representation of the facts and representations made therein as
of the date of the Official Statement.
Section 7.
Tax Covenant.
7.01. The City covenants and agrees with the holders from time to time of the Bonds that
it will not take or permit to be taken by any of its officers, employees or agents any action which
would cause the interest on the Bonds to become subject to taxation under the Internal Revenue
Code of 1986, as amended (the Code), and the Treasury Regulations promulgated thereunder, in
effect at the time of such actions, and that it will take or cause its officers, employees or agents to
take, all affirmative action within its power that may be necessary to ensure that such interest will
not become subject to taxation under the Code and applicable Treasury Regulations, as presently
existing or as hereafter amended and made applicable to the Bonds.
7.02. (a) The City will comply with requirements necessary under the Code to establish
and maintain the exclusion from gross income of the interest on the Bonds under Section 103 of the
Code, including without limitation requirements relating to temporary periods for investments,
limitations on amounts invested at a yield greater than the yield on the Bonds, and the rebate of
excess investment earnings to the United States if the Bonds (together with other obligations
reasonably expected to be issued in calendar year 2003) exceed the small-issuer exception amount
of $5,000,000.
(b) For purposes of qualifying for the small issuer exception to the federal arbitrage
rebate requirements, the City finds, determines and declares that the aggregate face amount of all
tax-exempt bonds (other than private activity bonds) issued by the City (and all subordinate entities
of the City) during the calendar year in which the Bonds are issued and outstanding at one time is
not reasonably expected to exceed $5,000,000, all within the meaning of Section 148(f)(4)(C) of the
Code and further finds, determines and declares that the aggregate amount of all tax-exempt bonds
(other than private activity bonds) issued by the City in 2003 (the year the Refunded Bonds were
issued) did not exceed $5,000,000, and that the average maturity date of the Bonds is not later than
the average maturity date of the Refunded Bonds.
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.
.
.
7.03. The City further covenants not to use the proceeds of the Bonds or to cause or permit
them or any of them to be used, in such a manner as to cause the Bonds to be "private activity
bonds" within the meaning of Sections 103 and 141 through 150 of the Code.
7.04. In order to qualify the Bonds as "qualified tax-exempt obligations" within the
meaning of Section 265(b )(3) of the Code', the City makes the following factual statements and
representations:
(a) the Bonds are not "private activity bonds" as defined in Section 141 of the
Code;
(b) the City hereby designates the Bonds as "qualified tax-exempt obligations"
for purposes of Section 265(b )(3) ofthe Code;
(c) the reasonably anticipated amount of tax-exempt obligations (other than
private activity bonds, that are not qualified 501(c)(3) bonds) which will be issued by the
City (and all subordinate entities of the City) during calendar year 2003 will not exceed
$10,000,000; and
(d) not more than $10,000,000 of obligations issued by the City during calendar
year 2003 have been designated for purposes of Section 265(b )(3) of the Code.
7.05. The City will use its best efforts to comply with any federal procedural requirements
which may apply in order to effectuate the designations made by this section.
Section 8.
Book-Entry System: Limited Obligation of City.
8.01. The Bonds will be initially issued in the form of a separate single typewritten or
printed fully registered Bond for each of the maturities set forth in Section 1.03 hereof. Upon initial
issuance, the ownership of each such Bond will be registered in the registration books kept by the
Bond Registrar in the name of Cede & Co., as nominee for The Depository Trust Company, New
York, New York, and its successors and assigns (DTC). Except as provided in this section, all of
the outstanding Bonds will be registered in the registration books kept by the Bond Registrar in the
name of Cede & Co., as nominee of DTC.
8.02. With respect to Bonds registered in the registration books kept by the Bond
Registrar in the name of Cede & Co., as nominee of DTC, the City, the Bond Registrar and the
Paying Agent will have no responsibility or obligation to any broker dealers, banks and other
financial institutions from time to time for which DTC holds Bonds as securities depository
(participants) or to any other person on behalf of which a Participant holds an interest in the Bonds,
including but not limited to any responsibility or obligation with respect to (i) the accuracy of the
records of DTC, Cede & Co. or any Participant with respect to any ownership interest in the Bonds,
(ii) the delivery to any Participant or any other person (other than a registered owner of Bonds, as
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shown by the registration books kept by the Bond Registrar), of any notice. with respect to the
Bonds, including any notice of redemption, or (iii) the payment to any Participant or any other
person, other than a registered owner of Bonds, of any amount with respect to principal of,
premium, if any, or interest on the Bonds. The City, the Bond Registrar and the Paying Agent may
treat and consider the person in whose name each Bond is registered in the registration books kept
"by the Bond Registrar as the holder and absolute owner of such Bond for the purpose of payment of
principal, premium and interest with respect to such Bond, for the purpose of registering transfers
with respect to such Bonds, and for all other purposes. The Paying Agent will pay all principal of,
premium, if any, and interest on the Bonds only to or on the order of the respective registered
owners, as shown in the registration books kept by the Bond Registrar, and all such payments will
be valid and effectual to fully satisfy and discharge the City's obligations with respect to payment of
principal of, premium, if any, or interest on the Bonds to the extent of the sum or sums so paid. No
person other than a registered owner of Bonds, as shown in the registration books kept by the Bond
Registrar, will receive a certificated Bond evidencing the obligation of this resolution. Upon
delivery by DTC to the City Administrator-Clerk of a written notice to the effect that DTC has .
determined to substitute a new nominee in place of Cede & Co., the words "Cede & Co.," will refer
to such new nominee of DTC; and upon receipt of such a notice, the City Administrator-Clerk will
promptly deliver a copy of the same to the Bond Registrar and Paying Agent.
8.03. Representation Letter. The City has heretofore executed and delivered to DTC a
Blanket Issuer Letter of Representations (Representation Letter) which will govern payment of
principal of, premium, if any, and interest on the Bonds and notices with respect to the Bonds. Any
Paying Agent or Bond Registrar subsequently appointed by the City with respect to the Bonds will
agree to take all action necessary for all representations of the City in the Representation letter with
respect to the Bond Registrar and Paying Agent, respectively, to be complied with at all times.
8.04. Transfers Outside Book-Entry System. In the event the City, by resolution of the
City Council, determines that it is in the best interests of the persons having beneficial interest, in
the Bonds that they be able to obtain Bond certificates, the City will notify DTC, whereupon DTC
will notify the Participants, of the availability through DTC of Bond certificates. In such event the
City will issue, transfer and exchange Bond certificates as requested by DTC and any other
registered owners in accordance with the provisions of this Resolution. DTC may determine to
discontinue providing its services with respect to the Bonds at any time by giving notice to the City
and discharging its responsibilities with respect thereto under applicable law. In such event, if no
successor securities depository is appointed, the City will issue and the Bond Registrar will
authenticate Bond certificates in accordance with this resolution and the provisions hereof will
apply to the transfer, exchange and method of payment thereof.
.
8.05. Payments to Cede & Co. Notwithstanding any other provision of this Resolution to
the contrary, so long as a Bond is registered in the name of Cede & Co., as nominee of DTC,
payments with respect to principal of, premium, if any, and interest on the Bond and notices with
respect to the Bond will be made and given, respectively in the manner provided in DTC's
Operational Arrangements, as set forth in the Representation Letter.
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Section 9. Continuing: Disclosure.
9.01. Participating underwriters need not comply with the continuing disclosure
requirements of Rule 15c2-12 promulgated by the Securities and Exchange Commission under the
Securities Exchange Act of 1934 (the "Rule"), because the offering is in a principal amount less
than $1,000,000. Consequently, the City will not enter into any undertaking to provide continuing
disclosure of any kind with respect to the Bonds.
The motion for the adoption of the foregoing resolution was duly seconded by Member
, and upon vote being taken thereon, the following voted in favor
. thereof:
.
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
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STATE OF MINNESOTA )
)
COUNTY OF HENNEPIN ) SS.
)
CITY OF SHOREWOOD )
I, the undersigned, being the duly qualified and acting Administrator-Clerk of the City of
Shorewood, Hennepin County, Minnesota, do hereby certify that I have carefully compared the
attached and foregoing extract of minutes of a regular meeting of the City Council of the City held
on July 14, 2003 with the original minutes on file in my office and the extract is a full, true and
correct copy of the minutes insofar as they relate to the issuance and sale of $
General
Obligation Refunding Bonds of 2003 of the City.
WITNESS My hand officially as such Administrator-Clerk and the corporate seal of the
City this
day of
,2003.
City Administrator-Clerk
Shorewood, Minnesota
(SEAL)
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.
STATE OF MINNESOTA
TAXPAYER SERVICES DMSION MANAGER'S
CERTIFICATE AS TO
REGISTRATION WHERE NO AD
V ALOREM TAX LEVY
COUNTY OF HENNEPlN
I, the undersigned Taxpayer Services Division Manager of Hennepin County, Minnesota,
hereby certify that a resolution adopted by the City Council of the City of Shorewood, Minnesota,
on July 14, 2003, relating to General Obligation Refunding Bonds of 2003, in the amount of
$ , dated August 1, 2003, has been filed in my office and said obligations have been
. registered on the register of obligations in my office.
WITNESS My hand and official seal this _ day of
,2003.
Taxpayer Services Division Manager
Hennepin County, Minnesota
(SEAL)
.
By
Deputy
DJK-234059vl
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ATIACHMENT A
NOTICE OF CALL FOR REDEMPTION
$1,920,000 GENERAL OBLIGATION
WATER REVENUE BONDS, SERIES 1995A
CITY OF SHOREWOOD
HENNEPIN COUNTY, MINNESOTA
NOTICE IS HEREBY GIVEN that, by order of the City Council of the City of Shorewood,
Hennepin County, Minnesota, there have been called for redemption and prepayment on
FEBRUARY 1,2005
all outstanding bonds of the City designated as General Obligation Water Revenue Bonds, Series
1995A, dated November 1, 1995, having stated maturity dates of February 1 in the years 2004
through 2011, both inclusive, totaling $770,000 in principal amount, and with the following CUSIP
numbers:
Year of Maturity
CUSIP
2006
2007
2008
2009
2010
2011
825227 HA2
825227 HBO
825227 HC8
825227 HD6
825227 HE4
825227 HFl
The bonds are being called at a price of par plus accrued interest to February 1, 2005, on
which date all interest on said bonds will cease to accrue. Holders of the bonds hereby called for
redemption are requested to present their bonds for payment at the main office of U.S. Bank
National Association, St. Paul, Minnesota, (formerly known as American Bank National
Association) on or before February 1,2005.
Ifbv mail:
If by hand:
U.S. Bank National Association
Corporate Trust Operations
p.o. Box 64111
St. Paul, MN 55164-0111
U.S. Bank National Association
180 East Fifth Street
3rd Floor - Bond Drop Window
St. Paul, MN 5510 1
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.
.
.
U.S. Bank National Association
Corporate Trust Division
Bondholder Relations (800) 934-6802
Importance Notice: In compliance with the Economic Growth and Tax Relief
Reconciliation Act of 2001, federal backup withholding tax will be withheld at the applicable
backup withholding rate in effect at the time the payment by the redeeming institutions if they are
not provided with your social security number or federal employer identification number, properly
certified. This requirement is fulfilled by submitting a W -9 Form, which may be obtained at a bank
or other financial institution.
The Registrar will not be responsible for the selection or use of the CUSIP number, nor is
any representation made as to the correctness indicated in the Redemption Notice or on any Bond.
It is included solely for convenience of the Holders.
Additional information may be obtained from:
Dated: July 14, 2003.
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BY ORDER OF THE CITY COUNCn..
By
City Administrator-Clerk
City of Shorewood, Minnesota
REFUNDING ESCROW AGREEMENT
General Obligation Water Revenue Bonds, Series 1995A
. THIS AGREEl\.1ENT, made pursuant to Minnesota Statutes, Section 475.67, Subdivision 13
(Act) and executed by and between the City of Shorewood, Hennepin County, Minnesota (City),
and U.S. Bank National Association, a banking corporation whose deposits are insured by the
Federal Deposit Insurance Corporation and whose capital and surplus is not less than $500,000
(Escrow Agent):
WITNESSETH: That the parties hereto recite and, in consideration of the mutual covenants
contained herein, covenant and agree as follows:
1. The City, in accordance with resolutions adopted by its governing body on July 14,
2003, entitled "Resolution Awarding the Sale of $ General Obligation Refunding
Bonds of 2003; Fixing Their Form and Specifications; Directing Their Execution and Delivery;
Providing for Their Payment; Providing for the Escrowing and Investment of the Proceeds Thereof;
and Providing for the Redemption of Bonds Refunded Thereby" (Resolution), a certified copy of the
latter of which has been filed with the Escrow Agent, has provided for the refunding of certain
outstanding general obligation bonds (Refunded Bonds) of the City, described in said Resolution,
by the issuance and sale of refunding obligations, designated as "General Obligation Refunding
Bonds of 2003" (Refunding Bonds).
2. The City has also, in accordance with the Resolution, issued and sold the Refunding
Bonds in the principal amount of $ , and has simultaneously invested the proceeds of the
Refunding Bonds (i) in the amount of $ in securities which are general obligations of the
United States, securities whose principal and interest payments are guaranteed by the United States,
and securities issued by agencies of the United States (collectively, the Federal Securities), as
described in the schedule which is attached hereto, marked Exhibit A and made a part hereof, and
(ii) in the amount of $ as an initial cash deposit, and has irrevocably deposited all such cash
and securities with the Escrow Agent on the date of this Agreement. It is understood and agreed
that the dates and amounts of payments of principal and interest due on the securities so deposited
are as indicated in Exhibit A, and that the principal and interest payments due on such securities
together with the initial cash deposit are such as to provide the funds required to pay all interest
payable on the Refunding Bonds to the date on which any of the Refunded Bonds have been
directed to be prepaid, as stated in the Resolution and to pay the redemption price of the Refunded
Bonds on such date. The Refunded Bonds are the following:
a) $1,920,000 General Obligation Water Revenue Bonds, Series 1995A, dated
November 1, 1995, of the City, of which $770,000 in principal amount is subject to
redemption and prepayment on February 1,2005.
3. The Escrow Agent acknowledges receipt of the securities described in paragraph 2
hereof and agrees that it will hold such securities in a special escrow account (Escrow Account)
created by the Resolutions in the name of the City, and will collect and receive on behalf of the City
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.
.
.
all payments of principal and interest on such securities and will remit from the Escrow Account (i)
to the paying agent (paying Agent) for the Refunding Bonds the funds required from time to time
for the payment of interest on the Refunding Bonds to the date of the redemption of the Refunded
Bonds which is February 1, 2005 (Redemption Date); and (ii) to the Paying Agent for the Refunded
Bonds the funds needed for the redemption and prepayment of the outstanding principal amount of
the Refunded Bonds on the Redemption Date. After provision for payment of all remaining
Refunded Bonds, the Escrow Agent will remit any remaining funds in the Escrow Account to the
City.
4. In order to insure continuing compliance with the Internal Revenue Code of 1986, as
amended, and regulations promulgated thereunder (collectively the Code), the Escrow Agent agrees
that it will not reinvest any cash received in payment of the principal of and interest on the Federal
Securities held in the Escrow Account. This prohibition on reinvestment shall continue unless and
until an opinion is received by Escrow Agent from nationally recognized bond counsel that
reinvestments, as specified in said opinion, may be made in a manner consistent with the Code.
Reinvestment, if any, of amounts in the Escrow Account made pursuant to this paragraph may be
made only in direct obligations of the United States of America which mature prior to the next date
on which either principal or interest on the Refunded Bonds is payable.
5. Escrow Agent expressly waives any lien upon or claim against the moneys and
investments in the Escrow Account.
6. If at any time it shall appear to the Escrow Agent that the money in the Escrow
Account allocable for such use hereunder will not be sufficient to make any interest payment due to
the holders of any of the Refunding Bonds, or principal payment due to the holders of any of the
Refunded Bonds, the Escrow Agent shall immediately notify the City. The City thereupon shall
forthwith deposit in Escrow Account from funds on hand and legally available to it such additional
funds as may be required to meet fully the amount to become due and payable. The City
acknowledges its obligation to levy ad valorem taxes on all taxable property in the City to the extent
required to produce moneys necessary for this purpose.
7. The City will not repeal or amend the Resolution which calls the Refunded Bonds
for redemption on their Redemption Dates. The Escrow Agent shall cause the Notice of Call for
redemption attached hereto as Exhibit B to be mailed not less than 60 days prior to the Redemption
Date to the paying agent for the Refunded Bonds for the purpose of giving notice not less than 30
days prior to the Redemption Date to the registered owners of the Refunded Bonds to be redeemed,
at their addresses appearing in the bond register and also to the bank at which the principal and
interest on the Refunded Bonds are then payable.
8. On or before 1, 200_, the Escrow Agent shall submit to the City a
report covering all money it shall have received and all payments it shall have made or caused to be
made hereunder during the preceding twelve months.
9. It is recognized and agreed that title to the Federal Securities and cash, if any, held in
the Escrow Account from time to time shall remain vested in the City but subject always to the prior
charge and lien thereon of this Agreement and the use thereof required to be made by this
DJK-234096vl
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Agreement. The Escrow Agent shall hold all such money and obligations in a special trust fund and
account separate and wholly segregated from all other funds and securities of the Escrow Agent,
and shall never corrimingle such money or securities with other money or securities; provided,
however, that nothing herein contained shall be construed to require the Escrow Agent to keep the
identical monies, or any part thereof, received for the Escrow Account on hand, but moneys of an
equal amount (except to the extent such are represented by investments permitted under this
Agreement) shall always be maintained on hand as funds held by the Escrow Agent as trustee,
belonging to the City, and a special account shall at all times be maintained on the books of the
Escrow Agent, together with such investments. In the event of the Escrow Agent's failure to
account for any money or obligations held by it in the Escrow Account, such money and obligations
shall be and remain the property of the City, and if for any reason such money or obligations cannot
be identified, all other assets of the Escrow Agent shall be impressed with a trust for the amount
thereof, and the City shall be entitled to a preferred claim upon such assets. It is understood and
agreed that the responsibility of the Escrow Agent under this Agreement is limited to the
safekeeping and segregation of the funds and securities deposited with it in the Escrow Account, .
and the collection of and accounting for the principal and interest payable with respect thereto.
10. This Agreement is made by the City for the benefit of the holders of the Refunded
Bonds, and is not revocable by the City, and the investments and other funds deposited in the
Escrow Account and all income therefrom have been irrevocably appropriated for the payment of
the callable principal amount of the Refunded Bonds at the Redemption Date and interest on the
Refunding Bonds to the Redemption Date in accordance with this Agreement.
11. This Agreement shall be binding upon and shall inure to the benefit of the City and
the Escrow Agent and their respective successors and assigns. In addition, this Agreement shall
constitute a third party beneficiary contract for the benefit of the holders of the Refunded Bonds and
said third party beneficiaries shall be entitled to enforce performance and observance by the City
and the Escrow Agent of the respective agreements and covenants herein contained as fully and
completely as if said third party beneficiaries were parties hereto. Any bank into which the Escrow .
Agent may be merged or with which it may be consolidated or any bank resulting from any merger
or consolidation to which it shall be a party or any bank to which it may sell or transfer all or
substantially all of its corporate trust business shall, if the City approves, be the successor agent
without the execution of any document or the performance of any further act.
12. The Escrow Agent may at any time resign and be discharged of its obligations
hereunder by giving to the Clerk-Treasurer of the City written notice of such resignation not less
than 60 days before the date when the same is to take effect and by publication of a copy of such
notice in a daily or weekly Minnesota newspaper published in a Minnesota City of the first class, or
its metropolitan area, which circulates throughout the state and furnishes financial news as part of its
service, not less than 30 days prior to such date; provided that the Escrow Agent shall return to the
County the pro rata portion of its fee which is allocable to the period of time commencing on the
effective date of such resignation. Such resignation shall take effect upon the date specified in the
notice, or upon the appointment and qualification of a successor prior to that date. In the event of
such resignation, a successor shall promptly be appointed by the City, and the Clerk-Treasurer of
the City shall immediately give written notice thereof to the predecessor escrow agent and publish
the notice in the manner described in this paragraph 12. If, in a proper case, no appointment of a
DJK-234096vl
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.
successor agent is made within 45 days after the receipt by the City of notice of such resignation,
the Escrow Agent or the holder of any Refunded Bond may apply to any court of competent
jurisdiction to appoint a successor escrow agent, which appointment may be made by the Court after
such notice, if any, as the Court may prescribe. Any successor escrow agent appointed hereunder
shall execute, acknowledge and deliver to its predecessor escrow agent and to the City a written
acceptance of such appointment, and shall thereupon without any further act, deed or conveyance
become fully vested with all moneys, properties, duties and obligations of its predecessor, but the
predecessor shall nevertheless pay over, transfer, assign and deliver all moneys, securities or other
property held by it to the successor escrow agent, shall execute, acknowledge and deliver such
instruments of conveyance and do such other things as may reasonably be required to vest and
confirm more fully and certainly in the successor escrow agent all right, title and interest in and to
any property held by it hereunder. Any bank into which the Escrow Agent may be merged or with
which it may be consolidated or any bank resulting from any merger or consolidation to which it
shall be a party or any bank to which it may sell or transfer all or substantially all of its corporate
trust business shall, if the City approves, be the successor escrow agent without the execution of any
document or the performance of any further act.
13. The Escrow Agent acknowledges receipt of the sum of $500.00 as its full
compensation for its services to be performed under this Agreement.
14. The duties and obligations of the Agent shall be as prescribed by the provisions of
this Agreement and the Agent shall not be liable hereunder except for failure to perform its duties
and obligations as specifically set forth herein or to act in good faith in the performance thereof and
no implied duties or obligations shall be incurred by the Agent other than those specified herein.
15. Any notice, authorization, request or demand required or permitted to be given in
accordance with the terms of this Agreement shall be in writing and sent by registered or certified
mail addressed:
If to the City:
City of Shorewood
5755 Country Club Road
Shorewood, MN 55331-8926
If to the Escrow Agent:
U.S. Bank National Association
180 East Fifth Street
St. Paul, MN 55101
Attn: Corporate Trust Department
16. The exhibits which are a part of this Agreement are as follows:
Exhibit A
Exhibit B
Federal Securities
Notice of Call for Redemption
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IN WITNESS WHEREOF the parties hereto have caused this instrument to be duly
executed by their duly authorized officers, in counterparts, each of which is deemed to be an
original agreement, on this _ day of , 2003.
CITY OF SHOREWOOD, MINNESOTA
By
Its Mayor
(SEAL)
Attest:
By
Its City Administrator-Clerk
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SH230-35
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.
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U.S. BANK NATIONAL ASSOCIATION
(SEAL)
By
Its
By
Its
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EXHIBIT A
FEDERAL SECURITIES
.
.
DJK-234096vl
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.
EXHIBIT B
NOTICE OF CALL FOR REDEMPTION
$1,920,000 GENERAL OBUGATION
WATER REVENUE BONDS, SERIES 1995A
CITY OF SHOREWOOD
HENNEPIN COUNTY, MINNESOTA
NOTICE IS HEREBY GIVEN that, by order of the City Council of the City of Shorewood,
Hennepin County, Minnesota, there have been called for redemption and prepayment on
FEBRUARY 1,2005
all outstanding bonds of the City designated as General Obligation Water Revenue Bonds, Series
1995A, dated November 1, 1995, having stated maturity dates of February 1 in the years 2004
through 2011, both inclusive, totaling $770,000 in principal amount, and with the following CUSIP
numbers:
Year of Maturity
CUSIP
2006
2007
2008
2009
2010
2011
825227 HA2
825227 HBO
825227 HC8
825227 HD6
825227 HE4
825227 HFl
The bonds are being called at a price of par plus accrued interest to February 1, 2005, on
which date all interest on said bonds will cease to accrue. Holders of the bonds hereby called for
redemption are requested to present their bonds for payment at the main office of U.S. Bank.
National Association, St. Paul, Minnesota, (formerly known as American Bank. National
Association) on or before February 1,2005.
If by mail:
If by hand:
U.S. Bank National Association
Corporate Trust Operations
P.O. Box 64111
St. Paul, MN 55164-0111
U.S. Bank. National Association
180 East Fifth Street
3rd Floor - Bond Drop Window
St. Paul, MN 55101
Importance Notice: In compliance with the Economic Growth and Tax Relief
Reconciliation Act of 2001, federal backup withholding tax will be withheld at the applicable
backup withholding rate in effect at the time the payment by the redeeming institutions if they are
DJK-234096v 1
SH230-35
not provided with your social security number or federal employer identification number, properly
certified. This requirement is fulfilled by submitting a W -9 Form, which may be obtained at a bank
or other financial institution.
The Registrar will not be responsible for the selection or use of the CUSIP number, nor is
any representation made as to the correctness indicated in the Redemption Notice or on any Bond.
It is included solely for convenience of the Holders.
Additional information may be obtained from:
u.s. Bank National Association
Corporate Trust Division
Bondholder Relations (800) 934-6802
Dated: July 14,2003.
BY ORDER OF THE CITY COUNCIL
By
City Administrator-Clerk
City of Shorewood, Minnesota
DJK-234096vl
SH230-35
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MEMORANDUM
TO:
FROM:
DATE:
..
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236
FAX (952) 474-0128. www.cLshorewood.mn.us. cityhall@cLshorewood.mn.us
RE:
Authorization of Expenditure of Funds Asphalt Paver
Mayor and City Council
Craig Dawson, City Administrator
Larry Browo, Director of Public Works $
July 10,2003
This item is to be deleted from the agenda.
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~J PRINTED ON RECYCLED PAPER
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