012698 CC Reg AgP
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CITY OF SHOREWOOD
CITY COUNCIL REGULAR MEETING
MONDAY, JANUARY 26, 1998
AGENDA
1 . CONVENE CITY COUNCIL MEETING
5755 COUNTRY CLUB ROAD
COUNCIL CHAMBERS
7:30 P.M.
A. Roll Call
Mayor Dahlberg_
Stover _
McCarty _
OtNeiD_
Garfunkel_
B. Review Agenda
C. Presentation of Plaques to Commission Members
D. City Council Review and Acceptance of Statement of Purposet Statement of
Goalst Statement of City Values and City Council Priorities for 1998 (Att.-
#ID)
2. APPROVAL OF MINUTES
A. City Council Executive Session Meeting Minutes January 12t 1998 (Att.-
#2A Minutes)
B. City Council Regular Meeting Minutes January 12, 1998 (Att.-#2B
Minutes)
3 . CONSENT AGENDA - Motion to approve items on Consent Agenda & Adopt
Resolutions Therein:
A. A Motion to Approve Change Order #2 for Project #95-19 Shady Island
Bridge (Att.-#3A Engineerts Memorandum &: Change Order)
B.
A Motion to Adopt a Resolution Modifying the Protective Covenants for
Marsh Pointe (Att.-#3B Plannerts Memorandum & Proposed Resolution)
Applicant: Lundgren Bros.
Location: Marsh Pointe
4 . MATTERS FROM THE FLOOR (No Council action will be taken.)
5 . PARK - Report by Representatb'e
A. Report by Commissioner DanPuzak on January 13t 1998Park
Commission Meeting (Att.-#5 Draft Minutes)
B. A Resolution Making Appointments to the Parle Commission for 1998 (Att.-
#5B Proposed Resolution)
6 . PLANNING - Report by Representative
A. A Motion Directing Staff to Prepare Findings of Fact Regarding a
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CITY COUNCIL AGENDA .. JANUARY 26, 1998
PAGE 2 OF 2
Conditional Use Permit for Shorewood Nursery Renovation (Att...f6A
Planner's Memorandum)
Applicant: Brian Pipkorn, Alcorn Services, Inc.
Location: 23505 Smithtown Road
B. A Motion to Adopt a Resolution Approving a Conditional Use Permit for
Bank Facility with Drive- Thru (Att.-#6B Proposed Resolution)
Applicant Bayside Financial Corp.
Location: 23780 State Higbway 7
C. A Motion to Adopt a Resolution Approving the Final Plan of Water's Edge
P.UD. (Att.-#6C Plannerts Memorandum) '" "
Applicant: Bill Blegens
Location: 20295 Manor Road
D. A Motion to Direct Staff to Prepare Findings of Fact Regarding a "
Conditional Use Permit for Special Home Occupation (Att.-#6D Planner's
Memorandum)
Applicant: James Broce
Location: 5755 Merry Lane
7 . CONSIDERATION OF MOTIONS REGARDING ANIMAL
CONTROL SERVICES
A. A Motion to Approve a Contract with City of OronoforAnimal Control
Services (Att.-#7A Proposed Contract)
B. A Motion to Approve a Contract with Pawst Claws and Hooves for Ammal
Boarding Services (Att.-#7B Proposed Contract)
8. ADMINISTRATOR Ie STAFF REPORTS
A. Staff Report on Development Monitoring
B. Planner's Report on Agreement with Northwest Associates for Housing
Study Services
9 . MAYOR & CITY COUNCIL REPORTS
A. Consideration of moving City Council meeting and work session ~g
times from 7:30 p.m.to 7:00 p.m.
B. Concurrence on City Council work session dates ... Febtuarythrough June .
(Att.-#9B)
10. ADJOURN SUBJECT TO APPROVAL OF CLAIMS (Att.-#10)
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, CITY_OF ~
SHOREWOOD
. 5755 COUNTRY CLUB. ROAD · SHOREWOOD, MINNESOTA 55331-8927. (612) 474-3236'
FAX (612) 474-0128. www.state.netlshorewood. cityhall@shorewood.state.net
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MEMORANDUM'
TO: - Mayor and City C()~ncil.
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FROM:
, DATE: ~
Brad Nielsen
22 J~uary 1928 ., ,.
RE: WatersEdge - FinaJ. PlanlFin8I Plat '
,FILE NO., 40s..(95.3~} ,
Bill Blegen has submitted the fmalplan and fmal plat for his Wat~rs Edge proj~ct,afour-lot
residential subdivision located on the east side of Manor Road at Vine Street. Given the amount of
time that has elapsed since the project's latest approval, we have forwarded the staff reports relative
. to concept and development stage plans, dated 29 August 1995 and 1 August 199,6, respectively
(copied in yellow). The draft development agreement for the project is attached for your review
(Attachment 1). ~. . ' "c\,
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Although the fmal plans are consistent with the previo~ ~pprovals, three issues arebz:ought to
your attention. First, Mr. Blegen has decided notto propose,city water for the lots. This appears ,
to be consistent,with the Council's current policy which makes city water optional~ Secondly, the
~ final plat proposes a,slight straightening of the lot,line between Lots 2 and 3. This'is supported by
staff since the lifea in question relates better tothebuiIding site for Lqt 2 thanJo :Lot 3.,'
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The last issue is a proposed grading plan fora home to be bUilt on Lot 2. A potential buyer for that.
lot proposes to grade approximately 15 feet into the wetland buffer area (see Attachment II). n-;
should be noted that the wetland buffer in this instance is 50 feet deep instead of the standard 35 ,.
.', feet required by the current wetland regulations. The propose,d grading will not encroach into the
normal 35-foot buffer area and is proposed in an area where the shoreline had previously been
cleared. As part of this plan the applicant proposes to restore the "gap" in the landscape of the ,
shoreline with vegetation consistent with the character of the rest of the shoreline. This is viewed
, as a positive measure and approval of the gradirig plan is recommended by staff.. It is also
recommended that the plan be,referred to the Planning Commission for their review and comment.
For.this reason it is suggested that the final plan be tabled until the first meeting in February, '
pending review by the Planning Commission at their: 3 February meeting. "
If you hliveany further questions relative to this-item, please contact me prior to Monday night's
meeting. '
cc: Jim Hurm '
John Dean
Larry Brown
.Bill Blegen
Planning Commission
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~.1 PRINTED ON RECYCLED PAPER
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CITY OF SHOREWOOD
DEVELOPMENT AGREEMENT
WATER'S EDGE
PLANNED UNIT DEVELOPMENT
THIS AGREEMENT, made this day of , 1998, by and
between the CITY OF SHOREWOOD, a Minnesota municipal corporation, hereinafter referred to
as the "City", and WILLIAM AND JANE BLEGEN, husband and wife, hereinafter referred to as
the "Developer".
WHEREAS, the Developer has an interest in certain lands legally described in Exhibit A,
attached hereto and made a part hereof, which lands are hereinafter referred to as the "Subject
Property"; and
WHEREAS, Developer proposes to develop the Subject Property by means of a Planned
Unit Development ("P.U.D.") consisting of four single-family residential lots and two outlots; and
, WHEREAS, the Developer has made application for a conditional use permit for a Planned
Unit Development (P.U.D.) with the Zoning Administrator and submitted a Concept Plan for the
property, which was considered by the City Planning Commission at a public hearing held on 5
December 1995; and
WHEREAS upon recommendation of the City Planning Commission, the City Council did
consider and grant Concept Plan approval as set forth in Resolution No. 96-12; a copy of which is
attached as Exhibit B and made a part hereof; and
WHEREAS, the Developer has fIled a Development Stage Plan for the property with the
Zoning Administrator, which was considered by the City Planning Commission at its regular
meeting held on 6 August 1996; and
WHEREAS upon recommendation of the City Planning Commission, the City Council did
consider and grant Development Stage approval at its regular meeting held on 26 August 1996;
and
WHEREAS, the Developer has fIled with the City the Final Plat for "Water's Edge", a
copy of which plat is attached hereto and made a part hereof as Exhibit C; and
NOW, THEREFORE, in consideration of the mutual covenants and guarantees contained
herein, the parties hereto agree as follows:
1) Conditions of Apj>roval - The Developer shall comply with the conditions of
approval as adopted by the City Council and set forth in Resolution No. 96-12, incorporated herein
as Exhibit B. In addition, development of the P.U.D. is subject to the requirements of the R-IA,
Single-Family Residential zoning district, except as modified herein.
(01) Minimum setbacks (for all structures) shall be as follows:
(a) Front:
(b) Rear:
(c) Side:
(d) Side yard abutting a street:
(e ) Wetland buffer/Setback:
50 feet
50 feet
10 feet
50 feet
35/15 feet*
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*The wetland buffer shall be greater where shown on Exhibit D, attached hereto
and made a part hereof
(02) Maximum building height, as defined by Shorewood Zoning Code, shall be two
and one-half stories or 35 feet, whichever is less.
(03) Use of Outlots within the plat: The Developer shall provide a wetland conservation
easement over Outlot A which easement is incorporated herein as Exhibit E. OutlotB shall
be legally combined with the western 140 feet of Lot 52, Auditor's Subdivision Number
One Hundred Forty One (141).
(04) The Developer shall comply with the requirements of Shorewood's wetland code
(Chapter 1102) and the Wetlands Conservation Act of 1991 [Minn. Stat. 103 G.221 et.
seq. (hereinafter referred to as the WCA)]. It is the intent of this agreement that areas
adjacent to wetlands be maintained in their natural state.
(a) A minimum 35-foot buffer strip shall be maintained adjacent to all wetlands.
Greater buffer areas shall be maintained as shown on Exhibit D.
(b) Natural vegetation shall be maintained in wetland buffer strips. Where
disturbed by site development, wetland buffer strips shall be restored with natural
vegetation.
(c ) Wetland buffer strips shall be identified within each lot by permanent
monumentation approved by the City.
(d) A monument is required at each lot line where it crosses a wetland buffer
strip and as necessary to establish required setbacks from the wetland buffer strip.
Monuments shall be placed within 60 days of completion of site grading or prior to
issuance of a building permit, whichever occurs first.
(e) The Developer shall record with the Hennepin County Recorder or Registrar
of Titles, a notice of the wetland buffer requirement against the title of each lot with
a required wetland buffer strip.
(f) No structures, including, but not limited to, decks, patios, and play
equipment may be located in the wetland buffer strip or the required wetland
setback area, except that fences shall be allowed within the wetland setback area.
(05) Resubdivision of Lot 3, Block 1. It is the intent of the Developer to resubdivide
Lot 3, Block 1 as shown on the preliminary plat, attached hereto and made a part hereof. At
such time as Lot 3 is to be resubdivided, the Developer shall me with the City a final plat
which shall require approval by the City Council. It is understood that the existing home
located on Lot 3 shall be brought into conformance with all building setback requirements
as set forth herein prior to recording of the final plat for the resubdivision.
(06) Individual building sites, including private driveways, are to be custom graded to
preserve the maximum number of trees on each site. Each building site must have an
individual grading plan separately approved by the City Engineer prior to a building permit
being issued.
(07) The Developer shall include a provision within the protective covenants for the plat
which prohibits the use of any fertilizer within the wetland buffer areas, and which limits
the use of fertilizers within the remainder of the plat to non-phosphorous types of
fertilizers.
2.) Improvements Installed by Developer - Developer agrees at its expense to construct,
install and perform all work and furnish all materials and equipment in connection with the .
installation of the following improvements, hereinafter referred to as the "Improvements":
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(01) All site grading including building pad correction where needed;
(02) Street grading, stabilizing and bituminous surfacing;
(03) Surmountable concrete curb and gutter;
(04) Sanitary sewer;
(05) Storm sewer and surface water drainage facilities;
(06) Street name signs and traffic control signs;
(07) Required landscaping and reforestation;
consistent with the plans and specifications prepared by the Developer's registered civil engineer
and subject to review and approval by the City Engineer.
It is understood that underground utility lines, including gas, electric, telephone, and television
cable shall be installed by the respective private utility companies pursuant to separate agreements
with the Developer.
It is further understood that the improvements installed by the Developer do not include street
lighting. Plans for street lighting shall require separate review and approval by the City Council
prior to installation.
3.) Final Plat. Grading. Drainage and Utility Plan. Building Plan - The Developer has
ftled with the City Clerk the [mal plat titled Water's Edge Fourth Addition for the development of
the Subject Property. Said plat is attached hereto and made a part hereof as Exhibit C. Said [mal
plat, together with the grading, drainage, and utility plans, referenced in paragraph 2 above and
this Development Agreement, is herewith adopted and approved by the City as the Developer's
final plan for development of the property.
4.) Pre-construction Meeting - Prior to the commencement of construction, Developer
or its engineer shall arrange for a pre-construction meeting to be held at Shorewood City Hall.
Such meeting shall be coordinated with the City Engineer and shall include all appropriate parties
specified by the City Engineer.
5.) Standards of Construction - Developer agrees that all of the Improvements set forth
in paragraph 2 above, shall equal or exceed City standards, shall be constructed and installed in
accordance with engineering plans and specifications approved by the City Engineer and the
requirements of applicable City ordinances and standards; and that all of said work shall be subject
to [mal inspection and approval by the City Engineer.
6.) Materials and Labor - All of the materials to be employed in the making of said
Improvements and all of the work performed in connection therewith shall be of uniformly good
and workmanlike quality, shall equal or exceed City standards and specifications, and shall be
subject to inspection and approval of the City. In case any materials or labor supplied shall be
rejected by the City as defective or unsuitable, then such rejected materials shall be removed and
replaced with approved materials, and rejected labor shall be done anew to the satisfaction and
approval of the City at the cost and expense of Developer.
7.) Schedule of Work - The Developer shall submit a written schedule in the form of a
bar chart indicating the proposed progress schedule and order of completion of work covered by
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this Agreement. It is understood and agreed that the work set forth in paragraph 2 shall be
performed to be completed by 1 October 1998, except for the fmal wear course of the street, which
shall be completed by 15 June 1999. Upon receipt of written notice from the Developer of the
existence of causes over which the Developer has no control, which will delay the completion of
the work, the City, at its discretion, may extend the dates specified for completion.
8.) As-Built Plan - Within sixty (60) days after the completion of construction of the
Improvements, Developer shall cause its engineer to prepare and file with the City a full set of "as-
built" plans, including a mylar original and two (2) black line prints, showing the installation of the
Improvements within the plat. Failure to file said "as-built" plans within said sixty (60) day period
shall suspend the issuance of building permits and certificates of occupancy for any further
construction within the plat.
9.) Easements - Developer, at its expense, shall acquire all easements from abutting
property owners necessary to the installation of the sanitary sewer, storm sewer, and surface water
drainage facilities within the plat, and thereafter promptly assign said easements to the City.
10.) Pre-existing Drain Tile - All pre-existing drain tile disturbed by Developer during
construction shall be restored by Developer.
11.) Staking. Surveying and Inspection - It is agreed that the Developer, through its
engineer, shall provide for all staking and surveying for the above-described Improvements and
delineation of the wetland buffer areas. In order to ensure that the completed Improvements
conform to the approved plans and specifications, the City will provide for resident inspection as
determined necessary by the City Engineer.
12.) Grading. Drainage. and Erosion Control- Developer, at its expense, shall provide
grading, drainage and erosion control plans to be reviewed and approved by the City Engineer.
Said plans shall provide for temporary dams, earthwork or such other devices and practices,
including seeding of graded areas, as necessary, to prevent the washing, flooding, sedimentation
and erosion of lands and streets within and outside the plat during all phases of construction.
Developer shall keep all streets within, and adjacent to, the plat free of all dirt and debris resulting
from construction therein by the Developer, its agents or assignees.
13.) Street Si&ns - Developer, at its expense, shall provide standard city street
identification signs and traffic control signs in accordance with the Minnesota Manual on Uniform
Traffic Control Devices, as directed by the City Engineer.
14.) Access to Residences - Developer shall provide reasonable access, including
temporary grading and graveling, to all residences affected by construction until the streets are
accepted by the City.
15.) Occupancy Permits - The City shall not issue a certificate of occupancy until all
Improvements set forth in paragraph 2 are completed and approved by the City Engineer except for
thefmallift of bituminous for the street.
16.) Final Inspection - At the written request of the Developer, and upon completion of
the Improvements set forth in paragraph 2 above, the City Engineer, the contractor, and the
Developer's engineer will make a final inspection of the work. When the City Engineer is satisfied
that all work is completed in accordance with the approved plans and specifications, and the
Developer's engineer has submitted a written statement attesting to same, the City Engineer shall
recommend that the Improvements be accepted by the City.
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17.) Conveyance of ImJ!rovements - Upon completion of the installation by Developer
and approval by the City Engineer of the Improvements set forth in paragraph 2 above, the
Developer shall convey said Improvements to the City free of all liens and encumbrances and with
warranty of title, which shall include copies of all lien waivers. Should the Developer fail to so
convey said Improvements, the same shall become the property of the City without further notice
or action on the part of either party hereto, other than acceptance by the City.
18.) Replacement - All work and materials performed and furnished hereunder by the
Developer, its agents and subcontractors, found by the City to be defective within one year after
acceptance by the City, shall be replaced by Developer at Developer's sole expense. Within a
period of thirty (30) days prior to the expiration of the said one-year period, Developer shall
perform a televised inspection of all sanitary sewer lines within the plat and provide the City with a
VHS videotape thereof.
19.) Restoration of Streets. Public Facilities and Private ProJ!erties - The Developer shall
restore all City streets and other public facilities and any private properties disturbed or damaged as
a result of Developer's construction activities, including sod with necessary black dirt, bituminous
replacement, curb replacement, and all other items disturbed during construction.
20.) Reimbursement of Costs - The Developer shall reimburse the City for all costs,
including reasonable engineering, legal, planning and administrative expenses incurred by the City
in connection with all matters relating to the administration and enforcement of the within
Agreement and the performance thereof by the Developer. Such reimbursement of costs shall be
made within thirty (30) days of the date of mailing of the City's notice of costs to the address set
forth in paragraph 28 below.
21.) Claims for Work - The Developer or its contractor shall do no work or furnish no
materials not covered by the plans and specifications and special conditions of this Agreement, for
which reimbursement is expected from the City, unless such work is first ordered in writing by the
City Engineer as provided in the specifications. Any such work or materials which may be done or
furnished by the contractor without such written order first being obtained shall be at its own risk,
cost and expense.
22.) Surety for Improvements - Deposit or Letter of Credit - For the purpose of assuring
and guaranteeing to the City that the Improvements to be constructed, installed and furnished by
the Developer as set forth in paragraph 2 above, shall be constructed, installed and furnished
according to the terms of this Agreement, and to ensure that the Developer submit to the City as-
built plans as required in paragraph 8 and that the Developer pay all claims for work done and
materials and supplies furnished for the perfonnance of this Agreement, the Developer agrees to
furnish to the City either a cash deposit or an irrevocable letter of credit approved by the City in an
amount equal to 150% of the total cost of said Improvements estimated by the Developer's
engineer and approved by the City Engineer. Said deposit or letter of credit shall remain in effect
for a period of one year following the completion of the required improvements. The deposit or
letter of credit may be reduced in amount at the discretion of the City upon approval by the City
Engineer of the partially completed Improvements, but in no event shall the deposit or letter of
credit be reduced to an amount less than 125% of the cost of the remaining Improvements. At such
time as the Improvements have been approved by the City, such deposit or letter of credit may be
replaced by a maintenance bond.
23.) Insurance - The Developer shall take out and maintain during the life of this
agreement public liability and property damage insurance covering personal injury, including
death, and claims for property damage which may arise out of the Developer's work or the work of
their subcontractors, or by one directly or indirectly employed by any of them. This insurance
policy shall be a single limit public liability insurance policy in the amount of $1,000,000.00. The
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City shall be named as additional insured on said policy and the Developer shall f1le a copy of the
insurance coverage with the City.
Prior to commencement of construction of the Improvements described in paragraph 2 above, the
Developer shall f1le with the City a certificate of such insurance as will protect the Developer, his
contractors and subcontractors from claims arising under the workers' compensation laws of the
State of Minnesota.
24.) Laws. Ordinances. Regulations and Permits - Developer shall comply with all laws,
ordinances, and regulations of all regulatory bodies having jurisdiction of the Subject Property and
shall secure all permits that may be required by the City of Shorewood, the State of Minnesota, the
Minnehaha Creek Watershed District, and Metropolitan Council Environmental Services before
commencing development of the plat.
25.) Local Sanitary Sewer Access Charges lLSSAC) - Developer shall, prior to release
of the final plat by the City, make a cash payment to the City in the sum of $2000 ($1000 for each
lot) as local sanitary sewer access charges. Credit has been given for Lot 3, Block 1 with the
existing house on it. At such time Lot 3 is resubdivided the Developer shall pay the local sanitary
sewer charge in effect at the time of the [mal plat for the resubdivision.
26.) Park Fund Payment - Developer shall, prior to release of the [mal plat by the City,
make a cash payment to the City in the sum of $2000 ($1000 for each lot) for the Park Fund.
Credit has been allowed for Lot 3, Block 1. At such time Lot 3 is resubdivided the Developer shall
pay park dedication fee in effect at the time of the [mal plat for the resubdivision.
27.) Notices - All notices, certificates and other communications hereunder shall be
sufficiently given and shall be deemed given when mailed by certified mail, return receipt
requested, postage prepaid, with proper address as indicated below. The City and the Developer
by written notice given by one to the other, may designate any address or addresses to which
notices, certificates or other communications to them shall be sent when required as contemplated
by this Agreement. Unless otherwise provided by the respective parties, all notices, certificates and
communications to each of them shall be addressed as follows:
To the City:
Zoning Administrator
CITY OF SHOREWOOD
5755 Country Club Road
Shorewood, Minnesota 55331
With a Copy to:
Shorewood City Attorney
c/o KENNEDY & GRA YEN, CHARTERED
470 Pillsbury Center, 200 South Sixth Street
Minneapolis, MN 55402
William and lane Blegen
20295 Manor Road
Shorewood, MN 55331
To the Developer:
28.) Proof of Title - Developer shall furnish a title opinion or title insurance commitment
addressed to the City guaranteeing that Developer is the fee owner or has a legal right to become
fee owner of the Subject Property upon exercise of certain rights and to enter upon the same for the
purpose of developing the property. Developer agrees that in the event Developer's ownership in
the property should change in any fashion, except for the normal process of marketing lots, prior
to the completion of the project and the fulf1llment of the requirements of this Agreement,
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Developer shall forthwith notify the City of such change in ownership. Developer further agrees
that all dedicated streets and utility easements provided to City shall be free and clear of all liens
and encumbrances.
29.) Indemnification - The Developer shall hold the City harmless from and indemnify
the City against any and all liability , damage, loss, and expenses, including but not limited to
reasonable attorneys' fees, arising from or out of the Developer's performance and observanee of
any obligations, agreements, or covenants under this Agreement. It is further understood and
agreed that the City, the City Council, and the agents and employees of the City shall not be
personally liable or responsible in any manner to the Developer, the Developer's contractors or
subcontractors, materialmen, laborers, or any other person, firm or corporation whomsoever, for
any debt, claim, demand, damages, actions or causes of action of any kind or character arising out
of or by reason of the execution of this Agreement or the performance and completion of the work
and Improvements hereunder.
30.) Declaration of Covenants. Conditions and Restrictions.,. Developer shall provide a
copy of the Declaration of Covenants, Conditions and Restrictions, which Declaration shall include
the City as a signatory thereto, for review and approval by the City prior to recording.
31.) Remedies Upon Default -
(01) Assessments. In the event the Developer shall default in the performance of any of
the covenants and agreements herein contained and such default shall not have been cured
within thirty (30) days after receipt by the Developer of written notice thereof, the City may
cause any of the improvements described in paragraph 2 above to be constructed and
installed or may take action to cure such other default and may cause the entire cost thereof,
including all reasonable engineering, legal and administrative expense incurred by the City
to be recovered as a special assessment under Minnesota Statutes Chapter 429, in which
case the Developer agrees to pay the entire amount of such assessment within thirty (30)
days after its adoption. Developer further agrees that in the event of its failure to pay in full
any such special assessment within the time prescribed herein, the City shall have a specific
lien on all of Developer's real property within the Subject Property for any amount so
unpaid, and the City shall have the right to foreclose said lien in the manner prescribed for
the foreclosure of mechanic's liens under the laws of the State of Minnesota. In the event
of an emergency, as determined by the City Engineer, the notice requirements to the
Developer prescribed by Minnesota Statutes Chapter 429 shall be and hereby are waived in
their entirety, and the Developer shall reimburse the City for any expense incurred by the
City in remedying the conditions creating the emergency.
(02) Performance Guaranty. In addition to the foregoing, the City may also institute
legal action against the Developer or utilize any cash deposit made or letter of credit
delivered hereunder, to collect, pay, or reimburse the City for:
(a) The cost of completing the construction of the Improvements described in
paragraph 2 above.
(b) The cost of curing any other default by the Developer in the performance of
any of the covenants and agreements contained herein.
(c) The cost of reasonable engineering, legal and administrative expenses
incurred by the City in enforcing and administering this Agreement.
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(03) Legal Proceedings. In addition to the foregoing, the City may institute any proper
action or proceeding at law or at equity to abate violations of this Agreement, or to prevent
use or occupancy of the proposed dwellings.
32.) Headings - Headings at the beginning of paragraphs hereof are for convenience of
reference, shall not be considered a part of the text of this Agreement, and shall not influence its
construction.
33.) Severability - In the event any provisions of this Agreement shall be held invalid,
illegal, or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or
render unenforceable any other provision hereof, and the remaining provisions shall not in any
way be affected or impaired thereby.
34.) Execution of Counte1l'arts - This Agreement may be simultaneously executed in
several counterparts, each of which shall be an original, and all of which shall constitute but one
and the same instrument.
35.) Construction - This Agreement shall be construed in accordance with the laws of
the State of Minnesota.
36.) Successors and Assigns - It is agreed by and between the parties hereto that the
Agreement herein contained shall be binding upon and inure to the benefit of their respective legal
representatives, successors, and assigns.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on
the day and year first above written.
DEVELOPER
CITY OF SHOREWOOD
By:
By:
Its: Mayor
William Blegen
By:
Jane Blegen
ATTEST:
City Administrator/Clerk
STATE OF MINNESOTA
ss.
COUNTY OF HENNEPIN
On this day of , 1998, before me, a Notary Public within and
for said County, personally appeared Tom Dahlberg and James C. Hurm to me personally known,
who, being each by me duly sworn, did say that they are respectively the Mayor and City
Administrator/Clerk of the municipal corporation named in the foregoing instrument, and that said
instrument was signed and sealed on behalf of said corporation by authority of its City Council,
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and said Mayor and City Administrator/Clerk acknowledged said instrument to be the free act and
deed of said corporation.
Notary Public
STATE OF MINNESOTA
ss.
COUNTY OF HENNEPIN
On this day of , 1998, before me, within and for said County,
personally appeared William and Jane Blegen, the Developer, described in and who executed the
foregoing instrument and acknowledged that it executed the same as its free act and deed.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
Shorewood Planning Department
EDITED BY:
Kennedy & Graven, Chartered
470 Pillsbury Center
200 South Sixth Street
Minneapolis, MN 55402
(JBD)
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Legal Description:
"All of Lot 53 except commencing at a point where the East boundary line of said Lot
53 intersects the Northerly boundary line of said Lot 53, thence South 50 feet, thence
West at right angles until said line intersects the County Road; thence Northeasterly
along said Lot, thence Easterly along said North boundary line of Lot 53 to point of
beginning, Lots 54, 55, and 56, Auditor's Subdivision Number One Hundred Forty
One (141), Hennepin County, Minnesota."
Exhibit A
CITY OF SHOREWOOD
RESOLUTION NO. 96-12
A RESOLUTION APPROVING A CONCEPT PLAN
FOR WATER'S EDGE P.D.D.
WHEREAS, Bill and Jane Blegen (Applicants) have an interest in certain real
properties located in the City of Shorewood, County of Hennepin, legally described in
Exhibit A, attached hereto and made a part hereof; and
WHEREAS, the Applicants have applied to the City for approval of a Concept
Plan for the construction of a residential planned unit development known as Water's
Edge, containing four (4) single-family lots on approximately 3.97 acres of land; and
WHEREAS, the Applicants' request was reviewed by the City Planner, and his
recommendations were duly set forth in a memorandum to the Planning Commission dated
29 November 1995, which memorandum is on file at City Hall; and
WHEREAS, the Planning Commission at its regular meeting of 5 December 1995
recommended approval of a Concept Plan for the Water's Edge P.D.D., subject to
conditions; and
WHEREAS, the Applicants' request was considered by the City Council at its
regular meeting of 11 December 1995 at which time the City Planner's memorandum and
the minutes of the Planning Commission were reviewed and comments were heard by the
City Council from the Applicant and City staff; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
1. The Applicants' request for approval of a Concept Plan for the Water's
Edge P.D.D. is subject to the following conditions of approval:
(a) The Applicants propose to divide the subject property into four (4)
lots and two (2) outlots as shown on Exhibit B, attached hereto and made a
part hereof.
(b) The Applicants intend to plat Lots 1 and 2 at this time, leaving Lots
3 and 4 as a single lot.
Exhibit B
(c) At such time as the Applicant proposes to replat Lots 3 and 4 into
two lots, the existing house on the property will be removed or moved in
compliance with R-IA zoning district setback requirements.
(d) As part of the preliminary plat for the property, the northerly 20 feet
of Outlot B will be dedicated as public street right-of-way.
(e) As part of the development stage plans for the P.D.D. the Applicants
shall define future building sites on the property, with the intention of
preserving trees and steep slopes.
(t) Sensitive portions of the site shall be protected from development
and construction through the use of conservation easements.
(g) Development stage plans shall show how all building sites will be
accessed. While it is intended that Lots 2, 3, and 4 will be accessed from
the proposed cul-de-sac, the City will consider allowing access to Lot 4
directly from Manor Road. Such consideration will be based upon a
detailed site plan review by the Planning Commission and City Council at
such time as a home is proposed to be built on Lot 4.
(h) The Applicants shall submit a tree preservation and reforestation
plan as part of the development stage plans.
G) The P.D.D. shall be connected to the municipal water system and
shall be subject to the assessment and connection policies in effect at the
time the final plan is approved.
(k) The Applicants shall dedicate wetland conservation easements over
the City designated and Wetland Conservation Act wetlands and the buffer
area required in Shorewood's Wetland Code.
(1) As part of the final plat for the property, the Applicant shall place
survey monuments locating the wetland buffer area on each lot.
(m) Protective covenants for the P.D.D. shall clearly set forth provisions
for protecting the wetlands (i.e. no dumping of yard waste, no fencing, no
site alteration, etc.).
2. City Council approval of the Concept Plan is subject to all applicable
standards, regulations, and requirements of the Shorewood City Code, including,
but not limited to the following:
2
(a) Section 1201.04 Subd. 1. regarding the procedures for review and
approval of conditional use permits;
(b) Section 1201.06 Subd. 3. regarding special procedures for the
establishment of a P.D.D. by conditional use permit;
(c) Section 1201.25 Subd. 6.(b)(1) regarding the purpose of concept
plan approval.
3. Approval of the Concept Plan is not intended, nor does it act to grant
approval of a Development Stage Plan or Final Stage Plan which are required
pursuant to Section 1201.25 Subd. 6.(c) and (d).
CONCLUSION
1. The application of Bill and Jane Blegen for approval of the Concept Plan for
the Water's Edge P.D.D. as set forth above is hereby approved.
2. ADOPTED BY THE CITY COUNCIL OF THE CITY OF
SHOREWOOD this 22nd day of January, 1996.
Robert B. Bean, Mayor
ATTEST:
- 9---- <::..- ~--""
James C. Hurm, City Administrator/Clerk
3
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IIExhibit All
Legal Description:
"All of Lot 53 except commencing at a point where the East boundary line of said Lot
53 intersects the Northerly boundary line of said Lot 53, thence South 50 feet, thence
West at right angles until said line intersects the County Road; thence Northeasterly
along said Lot, thence Easterly along said North boundary line of Lot 53 to point of
beginning, Lots 54, 55, and 56, Auditor's Subdivision Number One Hundred Forty
One (141), Hennepin County, Minnesota."
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AMESBURY P.U.D.
OUTLOT A
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REG. NO 22071
S 00"31'20- W
82.50'
DEVELOPMENT DATA
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ZONING:
EXlS77NG ZrJNING:
GUIDED:
PROPOSED ZONMG:
R-tA
PUD
Sl7C AREA:
OU7I.OT A (POND)
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20295 MANOR ROAD
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LEGAL DESCRIPTION
AU. OF LOT 53 EXCEPT ctJMIIIENCIIIC A T A POINT WHERE THE
EAST f1t1U#I)ARY UNE OF SoW LOT 53 N1ERSECTS THE NCBTHERLY
BOUNDARY LINE OF SoW LOT 51 7fENCE SOUTH so Ff:EJ'....THENCE
SCltJTH Sf ~ 42 ItIIMJ1ES. .u saxMlS EAST A ~r.ANCE OF
2Clocr. THENCE NORTH 00 ~ t7 lIMJ~ SCOONDS EAST A
=1?~if~~~~ 54. ?.J: ~Y
"Al.D1n'fS SIJ8OI~ NUMBER ONe HJNDIIED F'ORTY aw:- (141)
HENNEIW COUNTY. ItIIIINESOTA.
mTAL AREA
$.92 AC +/-
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TOPOMAPHY .. WETl.AM)DlLltEA1IOII PROVIDED BY
CC)IlAt .. MG.-ER. . .
WETLAND8 lie. ..,.,
If
WATER'I EDGE
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CONSERVATION EASEMENT
INSTRUMENT made this
William Blegen. ,
WITNESSETH:
. 1997, by and between
day of
The Grantor, in consideration of good valuable consideration paid by the City, the receipt
and sufficiency of which is hereby acknowledged, grants unto the City a permanent
conservation easement for the purpose set forth in this instrument, over, under, and across
the premises described in the attached Exhibit A (.subject property").
Grantor, for itself, its successors and assigns, agrees that the foHowing are
prohibited in perpetuity on the subject property:
A. Within these areas, there shall be no removal of existing plant material
for the purpose of constructing, sheds, swimming pools, or play
structures,
B, All owners of property in Water's Edge shall refrain from altering the
grade of the terrain, and refrain from clear cutting, destroying, or
removing significant trees larger than six (6) inch DBH (diameter at
breast height), EXCEPT to remove noxious or offensive weeds and
dead, diseased, or hazardous trees from the preservation areas.
C, Application of fertilizers, whether natural or chemical.
D, Application of chemicals for the destruction or retardation of
vegetation.
E. The deposit of waste, yard waste, or debris.
F. The application of herbicides, pesticides, and insecticides, except for
"
noxious weed control by or as directed by a governmental agency.
I
G, Outside storage of any kind.
o
Exhibit E
A
GRANTOR:
William Blegen
By"
William Blegen, Owner
CITY OF SHORE WOOD
By:
Mayor
(SEAL)
And:
City Manager
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IIExhibit A II
Legal Description
for
William E. Blegen
In Lots 1,2,3, Block 1, WATERS EDGE
February 3, 1997
..
An easement for conversation purpo~e~ over those parts of Lo~ 1, 2 and 3, Bloc~ 1,
WATERS EDGE, which lie southwesterly of the following described line: Commencing
at the Southeast corner of said Lot 2; thence on an assumed bearing of North 0 degrees
17 minutes 16 seconds West along the East lines of Lots 2 and 1, a distance of 120.00
feet to the point of beginning of the line being described; thence North 89 degrees 44
minutes 38 seconds West a distance of 106.13 feet; thence North 33 degrees 21
minutes.20 seconds West a distance of 93.89 feet; thence North 67 degrees 13 minutes
42 seconds West a distance of 157.15 feet; thence North 39 degrees 34 minutes 24
seconds West a distance of 24.89 feet; thence North 29 degrees 03 minutes 31 seconds
West a distance of 38.21 feet; thence North 26 degrees 33 minutes 36 seconds West to
its intersection with the northwesterly line of said Lot 3, and said line there ending.
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January 15, 1998
Mr. Bradley Nielson
City of Shorewood
5755 CouIItlyClnb Road
Bloomington...MN 55331
Re: Amendment to. Water's Edge Fourth AdditionPUD
The enclosed materials- pertain to the amendment to the above referenced PUD. Specifically the
approval. of grading. to. within 3-5. feet of Footprint Lake in the area of the conservation strip- as
delineated- oaLot2. This approval would be-conditional on- the:restoration of a-natural- condition
in the- fullSW depth- of the conservanoo in the area delineated; The- purpose- of the- amendment is
to provide' fOf the-feasibility- of construeting a walkout type-:house in the-location shown on the
...enclosed. plan sheets.
Enclosed find:: Sheet 1- Photograph of the SW comer-of Lot 2 from the pond; Sheet 2 - Grading
detail at Lot 2;.. Sheet J - Restoration detail at Lot 2;. letter from James Robin...Landscape
Architect,-evaluating existing plantIl1~tp.ri~ls. in. the area in. question.: and recommending proposed
restoration: . mMerial~,
I call your attention to. the Sheet 1. Thearea in question' is the: grassy slope in the center of the
photo- note the paired. cottonwood in the foreground. The grading and. restoration would be in
the area of this: grassy. slope and.the edge of the thi~k.et t~ the immediate left. Please refer to-Jim
Robin's evaluation ofthe"materials. in'tms area; A- house-build on this. lot would sit at the: top- of
this slope; 1'he-fall from th~top- ofthe-slope-to'the- water line is approximately. 12 feet
The benefits derived from-this amendment are.understood to- be:
.. This- woutd- allow-any-walkout house ro be-depressed aJ?VIOAlIWltefy3 feetfurtherinto-the
hill,.. thus redncing.itsjmpact on. the- shoreline as. viewed from. the opposite side. of. the ~d.
· This would.allow/require the introduction of the proposed plants materials. onto. the stope in
place of the exiStiilg.grass.,. the removal of-which would not otherwise be pennitted in t;he
conservation zone. This. wouldfmther lessen the- visual impact.of auhouse- built at the top- of
the slope.by-.introducing. woody thicket similar.between..the house and the pond similar to
that occmriBg. along the. sl~'in otfierfocations..
The proposed plant materials differ from those found-currently in this: immediate area. as the
existing materials are box elder andBuckthom~ The- proposed grading~ ~d result- in- the- loss of
2-J Boxelder which would. be replaeed by J Ash. as indieatedon the- restoration plan the- restor-
ation zone indicated~would- be planted wjth a ground cover of Violets and- Potentilla- with a- mix of
honeysuckte-...~ood and: Yew as:woody a. shrub layer-as: outlined ,by the lames.Robinletter.
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307 Man~toba Avenue South . Wayzato, MN 55391 . 612-404-1665
~-mail, 72772.3320@c.mp~erve.cam~~'1
jam.es
robin.
landscape .
archi"ec"
88480
pI1"k .l.._
excelsior.
_h1ftesou
88381
81.''''14-88068
12 January, 1998
...
Andre LaTondresse, Architect
307 Manitoba .
Wayzata, Mi~nesota '55391
Dear Andre,
At your request, I met you and visited the proposed residential building site in Shorewood
identified as Lot 2, Waters -Edge, for purposes of reviewing the vegetative cover in the area
of the conservation easement along the lake and recommending possible changes.
The vegetation in the eastern area of the easement appears to be relatively undisturbed
Eastern Redcedar and hardwood deciduous trees. The area bertween the old barn site and
the lake in the western area of the easement is primarily a grassy open area with a few older
and emerging Boxelder, two nearly dead Apple trees and a very dense growth of young
Buckthorn. i A mid size Cottonwood tree, 30 + feet tall, stands at the shore. It is my
observation that the vegetation in this area will soon be dominated by the Buckthorn, a non-
native woodland invader, which is detrimental to native vegetation and the well deserved
subject of eradication efforts.
My understanding is that the area of concern is the western area of the easement arid that
you propose to regrade this area to allow construction of a walkout type home set into the
grade rather than above.
Regardless of building type, I recommend that the existing mess of Boxelders, Buckthorn
and Apples in this area be removed with grading equipment so as to remove all the roots.
The graded area should receive a cover of upland topsoil at least 8"deep. The topsoil
would preferably be taken from the building excavation and am mended with organic matter.
The area should be planted with native ground cover, shrubs and trees. The ground cover
should be Violets and Wineleaf Potentilla. There should be a layer of shrubs with a
maximum height of 6'. The shrubs should be a mixture of Isanti Redtwig Dogwood on the
lower slope and Dwarf Bush Honeysuckle on the upper area. Spreading Japanese Yew
could be mixed into this planting. There is only enough space.for two or three trees and
thus I recommend planting 3-3" caliper Patmore Ash with tall trunks and high branching
heads. The planted area should be mulched with a shredded bark mulch and watered and
weeded for several years until the plant roots occupy most of the soil mass. Tree seedlings
such as Boxelder, Elm, Cotteonwood, Ash and Maple will need to be removed consistently.
Weed grasses should also be controlled until new plants are established.
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Amendment to
Water's Edge 4th Addition
OWnerJDevefoper: Bin and Jane- Blegen
. . 20295 -Mano[' -Road
Shorewood' MM- -55331
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S\VC'ORN'EFI; - LOT- 2
VIEWFROPA PON'D
-JAL Archite' -'
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Legal I.:lnd Description
AU or Lot 5 3 cil{;,~t ~omn'enc:ng
1& a point Vio".rc the Eas& houn..uty
title of said Lot ~3Inh!rsccrs the
Nol'lhcrly boundaty lone 0" .."I Lo.
53. _co SoutIl SO f..... .h.....
West II npn MIles tanhl saad hne
IntHHCU me C ouncy Road~ mence
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Iia. of Lor S 3 '0 poIn. of beginnIng.
loIS 54. SS. one! 56. . Auclno"
SuilclJ",,,on :-lumber One Hundrecl
forty One" (l.U 1 HennePin C"unfY.
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LEGEND:
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AMESBURY P.U.D.
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K~vin G, Norb~ &A:5sociates. Inc.
WATER'S EDGE
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120'
0' 15' 30'
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Exhibit B
EXISTING SITE CONDIDONS
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All of Loe S3 ex""t commencing
at J. poUlt where die EUI boundary
line of ....\ Lol S3 ..c~ iii.
1'I_.rly bounclllv liM of ...eI Lo.
S3, liIeno. South ~O f.... chence
Wea at nghl anlles until saId hn~
in_ iii. C ounly Roocl; theno.
Nonh......ly IIOftI ...eI Lot. iii.....
l!astcrly a10ns saiel NOnh bounelat}'
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Lou SA. SS. anel S~. ....udilOr.S
SubcilVlsion Number One Hundred
Fo.." On.' (lAIl H...ncpln Coun...
MIMe50.a
5.90' Acres of Total Area.
1.86 Acres of Wetland Total
4.04 Acres of Upland Total
OUTLOT
A
LAND OW:'iER
Bill '" Jan. BI.gen
Z029S ~tanor Ro3cl
Shorewood. ~IN ~S:n I
(6121470.::14
79.710
S.F.
LEGEND:
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Ryan EnBlneenng. I..
764& South Shore Dnv.
Chonhassen. MI' S'317
16121 97S.o164
LASDSCAPE
ARCHITECTIPLANNER
Ke\"tn G. ~orbv .!: _"SSOCI.:ltr... In\:
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_~- --. ZONEO R-l C _c__
Scale: 1 == 30'
No,to ...69
-- .~-'
t,,'
I
rw
Kevin G; ]\;orby & Ass()l.:i:lt~s. Inl.:.
WATER'S EBGE
120'
Prelin1 inalYP lat
o 15 30' eo'
l.,;.:n~b,",JriC\fdlth':':Tur;:
~ tt~. ;'lannUl:':
November". 1995
Exhibit C
CONCEPT PLAN
( "
WATER'S EDGE SUBDIVISION
SHOREWOOD, MINNESOTA
Application for Subdivision as a
Planned Unit Development
October 7 ~ 1995
I
:;
i
Exhibit D
APPLICANT'S DijVELOfMENT PROPOSAL
Dated 7 October 1995
Water's Ede:e Subdivision
( "
Landowners: Bill and Jane Blegen
20295 Manor Road
Shorewood, Minnesota 55331
(612)470-2214
Landscape ArchitectJPlanner: Kevin G. Norby & Associates, Inc.
10901 Red Circle Drive Suite #125
Minnetonka, Minnesota .55343
(612)938..0020
Engineer/Surveyor: Perry Ryan
Ryan Engineering~ Inc.
7648 South Cedar Drive
Chanhassen, Minnesota 55317
(612)975-0864
~,
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v
(
.
Water's Ede:e Subdivision
This site consists of 3.97 acres of partially wooded and steeply rolling land. Existing vegetation is
primarily red pine, spruce, box elder, cottonwood and, in undisturbed areas such as along the southerly
wetland, understory growth of buckthorn and sumac. The site contains two wetlands. The first is a
9.9 acre pond which makes up the south side of the property, a distance of approximately 630 feet
The second is a 1400 square foot area in the middle of the site. This smaller wetland has been
delineated as a Class I wetland. It has organic soils and wetland grasses but, it holds no water.
The property and existing house are owned and occupied by Bill and Jane Blegen and their two
children. It is their intent, at this time, to remain living in this home for the next two to five years.
After that time their intentions are to remove the existing house and build a new home on what is
proposed Lot #3 of this development.
Under the provisions of the Shorewood City Ordinance, the owner is requesting subdivision of the
property into four single family homesites. By subdividing this property as a P.U.D. (Planned Unit
Development) and through the use of "site adaptive architecture", the ownet and consultants believe
that a minimal amount of disturbance will occur to existing topography and vegetation. The
consutlants have identified four building sites on the property where natural clearings in the vegetation
and reduced slopes will minimize the need for grading and tree removal.
Each of the four homesites shall be serviced by City sewer and water. Sanitary sewer service is
currently available to the site via an existing pipe located along Manor Road. Water service will be
provided to the site as part of the City of Shorewood's water service expansion plan. It is the
developers hope that the City will expidite the installation of this service so as to coincide with a June
of 1996 construction schedule. City of Shorewood sewer access, water access and trunk charges will
be assessed to the individual. lots under a development agreement to. be made between the City of
Shorewood and the developer.
I
3
..
(
(-'
Water's Edge Subdivision
I 4 Total Area in Square Area in Acres Percent of Total
Dwelling Units Feet Project Area
Residential Uses 167,812.4 3.85 65.3 %
Residential Use 167,812.4 3.85 65.3%
by Single-Family
Homes
Common Open 81021.6 1.86 31.5 %
Space
Public Open 0.0 0.0 0%
Space
Streets 8,170.0 0.19 3.2%
Off-Street 0.0 0.0 0%
Parking and
Access
Commercial 0.0 0.0 0%
Uses
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T == 128.74'
. L == 249.09'
S 00031'20- W
82.50'
AMESBURY P.U.D.
OU.....LOTA
79. '710 S,F.
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DEVELOPMENT DATA
ZCWING:
EXIS "N(: ZONING:
GUIOCn:
PROFOSCO ZONlUG:
Sill ""EA'
OIIn.or A (POliN
OlIn I'll' "
Me n "'10 (L OT 7)
LOT I. BLOCK I
LOI 2. BLOCK I
LOT J. BLOCK I
LOT 4, BLOCK I
MANOR ROAD R.O. W.
lANE STReeT R.o. w.
TOT"L OCllfiOPAlENT "RC"
nrN<:1,Y
9N1';1.r rAMI/. Y 4 011 ON J.RJ AC
LOT ~/rc: 1./1/<1
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LAND OWNER I DEVELOPER.
8IU It JANE BLCCCN
20295 IlANcW ROAD
'SHORFWOOO. MN S5J.l1
(6'2}47()-:~'"
~
~
ENGINEER.
/I.-AN CN<:;INEERlNG. INC.
7648 S(1fJ1/# $HeR< OR'Iff:
ClfANI-/ASSCN. WI 55.:17
({;12) 97')-08/'04
R- 'A
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29,44J s,r
60.IS4 sr
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LANDSCAPE ARCHITECT I PLANNER,
KEVIN C. NORBY ... AS~OCIA rrs, INC
10901 REO (7/1CL! [$/IIE. sum I:'~
""",wrT(INr<A. IAN '<;J'J
1612) 9.18-0020
LEGAL DESCRIPTION
AU ()I LOT 5J ExarT COM.vrNClNr. AI A Fr.t':I n'lfl>'
EAST f!(If!N(lARI' LINE or SAIl' /."'" 5J INTF:RS[r."I'; /"! tI
r=A:;Ac'tWfs. s:r J,g:,,~f ~1~fJ,~WtIt1~ '1//
~sr)iH:~1~"'J:.""THnl'tGf1{J',d: =~111!~ !.~::
LINE (]I LOI s.J 10 PoWl or Bl.lJJNNlNC:, WIS :'~, !-' /I',
"AUOIIC'R<; SU8D1V1<1~1 NWN:P fINE HlINf""(/' , ,V"/l ,"
HfNlJf I'IN ("INN,.,. WVN(<;OIA.
IOTAL ~A
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f-
NORTH
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Exhibit A
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NE CORNER OF LOt.:S3
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REQUIRED ~ACBMENT
(In caliper Inches)
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No Trees Reinoved
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4" Green Asb.' ..
4" 0reclI Ash
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S" Red Pine ,
22" American Elm (Di~l
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Two (I High Coniferous
Two (I High Coniferous
Two (I Higb Coniferous
'.Two (I High Coniferous
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. ,PLANT LEGEND:
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BOTANfCALI'fAME . sizE .QTT~ NOTES
. ":". . . r '. ,-, .
Acor.-hawa. - .' .;.:: %ollr BB I!:.' SlaalelSlnliPlleod.,
Fraxlftus penntlynnl.. . , %.112" B8 I"" Sinst..sll8ipll~.dro
Picea tinea . .1 ~ /fl. 7. Fully BlMChed
1'iaao ..... <:~,~ . '. ,1 :;'/,d11y BnncIMd
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- DY COMMON NAME
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LAND OWNER I DEVELOPER.
8II.L I< JANE! BLEGEN
20295 MNIOR RO"D
SHOREWOOD, MN 55.JJ1
(612) 470-2214
-. . ~
-'. .'
.-'
~ .~:..L1. ~.
ENGINEER.
RYAN ENGINEERING. INC.
76411 SOUTH SHORE ORIVE
I;HttNH"SSEN, _ 55J/7
(612) 975-0664
LANDSCAPE ARCHITECT I PLANNER.
KE'AN fA NORBY 4: "SSOCI" rrs, INC.
=Mf~~'A~E! j%j'rJ S/JIrr 125
(6/2) 9~-OO20
AMESBURY P.U.D.
OUTLOT ~.';'
POND
f-
NORTH
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1
Exhibit B
....
CITY OF
'SHOREWOOn'
5755 COUNTRY CLUB ROAD- SHOREWOOD. MINNESOTA 55331-8927 - (612) 474-3236 '-
FAX (612) 474:0128. www.state.netlshorewood. cityhall@shorewood.state.net
Executive Summary
Sliorewood City~Council Meeting
Monday, January 26, 1998
!!
;.~
. .. -
'Agenda 1te:m #1 C: Former members of the Planning and Park Commissions ~ill be on'-
hand to receive plaques of appreciation.
Agendaltem #ID: The City Council reviewed the City Statement of Purpose, Statement
_ of Goals, Statement of Values and established Council Priorities for the year 1998 in
work session on January 21. -Amotion would be in orderto accept them.
" Agenda Item #3A: This item is a change order for the Shady Island Bridge Replacement
Project which extends the contract completion dates of the original contract. All
construction excepting placement of the bituminous wear course shall be completed
June 15, 1998. The bituminous wear course will be placed on or before September 15,
1998. Staff is recommending approval of change order number 2.
'"""\
...-..-.,.
, .
Agenda Item #3B: Lundgren Bros. Construction Company has requested the_ City's'
approval of an amendment to the protective covenants forMarsh Pointe~The
,l!ffiendment is considered by staff to be a "housekeeping" item which will make the
covenants consistent with ,the City's original approval, which restricted the use of a
private drive~ay to two lots in the project. Approval r~quires a four-fifths vote by the
- CitySouncil. '-- . '
r'"
.~.
,.,
."
Agenda Item #SA: Dan Puzak will be present as the Park Commission liaison to convey
the Park Commission activities at its January 13 meeting.
r '" - 'i
Agenda Item #SB: Tqis ~solution accepts the Park Commission's recommendation of
Dan Puzak as Chair and Ken Dallman as Vice Chair.
Agenda Item #6A: Brian Pipkom proposes to remodel the ShorewoodNursery, locate4
, at 23505 Smithtown Road. The Planning Commission has recommem:led approval of a
conditional use permit subject to several conditions, one of which is to advise Hennepin
County that the City prefers that the two access drives on County Road 19_,be'
approved. If the County agrees, then an existing driveway on Wood Duck circle would
be closed. If the County limits the number of driveways on County Road 19 to one,-=:-_
the Wood Duck Circle access would remain open. "Overall the proj~fis ,considered to
be an improvement to the site: Approval requires a four-fifths vote by the Council. -
Staff should he directed to prepare a fmdfugs offact for the next Council meetitlg.
n
.. . PRINTED ON RECYCLED PAPER
.... '
..
y
.
.
Executive Summary - January 26, 1998 Council Meeting
Page 2
Agenda Item #6B: Bayside Financial is close to signing its lease for the area they need
for their driveway and parking to serve a proposed bank with drive-in teller facility at
23780 State Highway 7. You will recall that the existing building was originally
designed and used as a bank before being converted to office use. Rather than wait for
the lease to be completed, the proposed resolution approving the conditional use permit
simply makes the lease a conditional of approval. Adoption of the resolution requires a
four-fIfths vote by the City Council.
Agenda Item #6C: Bill Blegen has submitted a fmal plan for Water's Edge P.U.D., a
four-lot subdivision located on Manor Road, south of Vine Street. The fmal plat is
consistent with previously approved concept and development stage plans. There are
two issues, however, of which the Council should take note: 1) Mr. Blegen now
proposes private wells instead of city water; and 2) he proposes some minor work
within a portion of the Wetland Conservation Easement. While staff supports the
proposed grading plan, the Planning Director recommends that this issue be referred to
the Planning Commission for their review. Consequently, rather than adopting a
resolution on the 26th, this matter should be referred to the Planning Commission for its
February.3rd meeting.
Agenda Item #6D: James Bruce has requested approval of a conditional use permit
which would allow him to bring in an outside employee to his proposed home
occupation of general contracting services. The Planning Commission recommends
approval of this' request. Approval of the conditional use permit would require a four-
fifths vote by the City Council. Staff should be directed to prepare a findings of fact
for the next meeting.
Agenda Item #7 A: The action here would be a motion to approve the contract for
Animal Control Services with the City Orono. This agreement is very similar to the
one we have had in the past with the City of Chanhassen. This agreement is likely to
increase the annual cost for this service from $14,350.00 to $16,150~00. The contract
takes effect February 1, .1998. The month of January is being taken care of by an
informal arrangement with Orono. They will bill us on an hourly basis.
Agenda Item #7B: The cities of Shorewood, Excelsior, Tonka Bay and Greenwood
have negotiated an agreement with Paws, Claws and Hooves for animal boarding
services. A motion would be in order to approve the agreement~ Boarding costs,
which are passed on to the animal owner, are increased with this agreement from
$15.00 to $20.00 per day. In addition, there is a $57.00 per month administrative fee.
Agenda Item #9A: The question of moving the starting time of City Council meetings
and work sessions from 7 :30 p.m. to 7:00 p.m. was raised at the City Council work
session of January 21. That item is placed on this agenda for Council consideration.
In reviewing the fIrst six months of the year, it is noted that Memorial Day falls on May
25, a normal Council meeting evening. The Council may wish to change that meeting
date to Tuesday, May 26. The Park Commission will then need to move their regularly
scheduled second meeting to a different date.
Agenda Item #9B: If possible the Council should consider establishing work session
dates for the fIrst six months of the year. .This should be done by motion.
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CCIMrYf ({))!F ~IHI({))mJEW<DXQ)IID
This Statement is a" point of reference for all decisions and actions of
Shorewood City Officials and Employees.
Statement of Purpose: To provide a value in municipal services, to assure compliance
with community laws and standards, and to keep citizens informed of those services, laws
and standards.
Statement of Goals: To provide a focused direction for Shorewood, the City Council
has adopted Organizational and Comprehensive Plan goals (attached).
Statement of Expectations: To accomplish our goals we must serve in an impartial
fashion; be open. accurate, patient and courteous; and take pride in the job we do. Let us
know when we don't meet our expectations!
City Council Action:
10/28/91
2/24/92
3/10/93
1/10/94
1/23/95
1/2'2J96
5/13/96
Approved
Reviewed
Reviewed
Reviewed
Reviewed
Reviewed
Reviewed
*10
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CCfi~ <0>11 ~fu<o>~v<nxD><Dl
({))~afi<o>mml1 (G<Dd
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To be recognized by Shorewood citizens as a model of good government
by:
1. Providing a value in high quality services. Service excellence
will be achieved by respecting employees as the City's greatest
assets, and as team members with a shared vision of increasing
productivity and accountability.
2.
Serving in such an efficient. friendly manner that residents
feel good about being citizens of the Shorewood community;
continuously striving to keep citizens informed and asking for
and listen to feedback; and utili7.ing"user friendly" municipal
systems. processes and documents. Association with the City,
in any capacity. should be as enjoyable and focused as possible.
3 . Working closely with other governmental jurisdictions as well
as the private and non-profit sectors. to effectively address
south Lake Minnetonka area issues and City goals.
4. Maintaining policies. plans and. procedures which will secure
financial stability for all City funds.
4/8/96, Reviewed by City Council 5/13/96
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The Shorewood City Counca in its governing role, is responsible for setting policies for
the City, which are imple1J1el1ted by the AdministratOr and City employees. Furthermore.
the Arlmlnistrator. employees. and City Commissions propose overall goals, specific
objectives. service levels, and action plans for Council consideration and direction.
This "team" makes decisions and acts based on a strong set of values. The team values are:
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. A strong sense of commitment to the City and its Statement of Purpose.
. Open. democratic government, enhanced by an infoaned populace.
. Responsiveness to the needs and desires of the citizens; public service.
. Fair and equal inu:rpretation and enforcement of City Codes.
. A reputation for dependability and integrity.
. Teamwork and action oriented problem solving (acting rather than reacting).
. Striving for improved productivity and efficiency through new technology and
innovation.
. ~loyee selection by merit.
. Professional development.
. Respect for City. employees who, with fair treatment, proper training. and a
willingness to let them exceL will take pride in associatioh with the City and
serve the people well.
. .The provision of accurate. timely information to the .City Council through proper
channels, .so the best possible decisions can be made.
. Adherence to professional ethical standards of conduct.
. ADOPTED by the Shorewood City Council on Monday, March 9,.1992.
City Council Action:
3/10193 Reviewed
1/10194 Reviewed
1123/95 Reviewed
1t22196 Reviewed
5/13/96 Reviewed
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1998 City Council Priorities
As a result of Council Work Session 1/21/98
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CITY OF SHOREWOOD
REGULAR CITY COUNCIL MEETING
MONDA Y, JANUARY 12, 1998
MINUTES
1. CONVENE CITY COUNCIL MEETING
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
7:30 P.M.
Mayor Dahlberg called the meeting to order at 7:32 p.m.
A.
Roll Call
Present:
Mayor Dahlberg; Councilmembers McCarty and Garfunkel; Administrator Hurm;
City Attorney John Dean; Engineer Larry Brown.
Councilmembers O'Neill and Stover.
Absent:
B.
Review Agenda
. Mayor Dahlberg read the Agenda for January 12, 1998. The agenda was approved as presented,
2. CONSIDERATION OF A MOTION ADOPTING RESOLUTIONS MAKING
APPOINTMENTS WITHIN THE CITY FOR THE YEAR 1998
A . A Resolution Making Appointments for 1998
Councilmember McCarty suggested waiting to vote on this issue until all councilmembers can be in
attendance. She stated she is uncomfortable with the change to the Liquor Committee without
Councilmember Stover having been consulted. Mayor Dahlberg stated he is eager to participate on
the Liquor Committee in order to provide some input relative to marketing issues. He stated his
intention to actively participate formally and in a disciplined fashion on the Liquor Committee and
noted he would not be opposed to Councilmember Stover's continued involvement with the
Committee.
.
McCarty moved to table consideration of "A Resolution Making Appointments for
1998. " Motion failed for lack of a second.
Garfunkel moved, Dahlberg seconded adopting RESOLUTION NO. 98-001, "A
Resolution Making Appointments for 1998." Motion passed 2/1.
(Councilmember McCarty was the dissenting vote.)
Councilmember McCarty felt it was inappropriate to make this change without fIrst speaking with
Councilmember Stover. Mayor Dahlberg stated he is open to having Councilmember Stover
involved with the Committee.
B . A Resolution Making Appointments to the Planning
Commission for 1998
Commissioner Borkon was in attendance and explained when the appointments were discussed,
an initial motion was made nominating Commissioner Borkon for the position of Chair and
Commissioner Champa for the position of Vice Chair. At that time, Commissioner Champa
declined because he felt the position should go to a commissioner with more experience. At that
point, Commissioner Kolstad had nominated Commissioner Lizee to the position of Vice Chair and
this motion passed unanimously. After further discussion, Commissioner Lizee declined the
#::<.A
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CITY COUNCIL REGULAR MEETING MINUTES
JANUARY 12, 1998 - PAGE 2
position. There was some feeling that Commissioners Kolstad and Lizee have equal experience.
and to provide some consistency, Commissioner Champa was then nominated to the position of
Vice Chair. Commissioner Champa has accepted the position. Commissioner Borkon explained
each member of the Commission has been contacted and is in agreement with this nomination.
Dahlberg moved, Garfunkel seconded adopting RESOLUTION NO. 98-002, "A
Resolution Making Appointments to the Planning Commission for 1998." Motion
passed 3/0.
3 . APPROVAL OF MINUTES
A . City Council Regular Meeting Minutes - December 15, 1997
McCarty moved, Garfunkel seconded approving the City Council Regular Meeting
Minutes for December 15, 1997, as submitted. Motion passed 3/0.
B . City Council Executive Session Minutes - December 15, 1997
Dahlberg moved, Garfunkel seconded approving the City Council Executive .
Session Minutes for December 15, 1997, as submitted. Motion passed 3/0.
4. CONSENT AGENDA
McCarty moved, Garfunkel seconded approving the Motions on the Consent
Agenda and adopting the Resolutions therein:
A. A Motion Adopting RESOLUTION NO. 98-003, "A Resolution
Approving 1998 Refuse Hauler's License"
B. A Motion Adopting RESOLUTION NO. 98-004, "A Resolution
Approving 1998 Tree Trimmer's License"
C . A Motion to Approve an Extension to Recording Secretary
Service Agreement
D.
A Motion to Approve an Extension of Deadline for. Compliance
with a Notice to Remove
Appellant: Jay Lami
Location: 21165 Forest Drive
.
E. A Motion Adopting RESOLUTION NO. 98-005, "A Resolution
Authorizing Application for Conveyance of Tax Forfeit Land
for Public Purpose"
F . A Motion Establishing the 1998 Local Board of Review Date as
Wednesday, April
G. A Motion Adopting RESOLUTION NO. 98-006, "A Resolution
of Merit"
F . A Motion Approving an Employment Agreement . with the City
Administrator for the Year 1998
Motion passed 3/0.
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CITY COUNCIL REGULAR MEETING MINUTES
JANUARY 12, 1998 - PAGE 3
5. MATTERS FROM THE FLOOR
George Harrison, 24710 Amlee Road, Shorewood, commented on snowmobile violations on the
wetland area behind his home. As a result of a report which Mr. Harrison made, hay bales were
put in place as well as a "No Snowmobiling" sign. Mr. Harrison reported these measures have
been unsuccessful, the hay bales and signs vandalized, and snowmobile tracks evident across the
wetland area.
Mr. Harrison noted an elderly woman to have been walking on the trail and was passed by a
snowmobile traveling approximately 30 mph without slowing down. He reported when he was on
the trail replacing the hay bales, he was passed by a snowmobiler traveling approximately 40 to 50
mph. This incident was reported to 911. Mr. Harrison requested the Council take a stand on this
issue and ban snowmobiles from the trail.
Mayor DaWberg noted Officer Keller is on patrol on the trail. Mr. Harrison was opposed to paying
a City officer to patrol on a snowmobile. Councilmember McCarty noted her position
snowmobiles should be banned from the trail and further noted this to be the position of
Councilmember Stover as well.
Mayor DaWberg stated he will continue to investigate this matter with the police department. Mr.
Harrison suggested monitoring the speed on the trail for one week. Engineer Brown stated this
could be done with a radar gun which would have to be manned. Given the cold temperatures, it
would not be possible to use the speed monitoring cart.
Mr. Harrison stated the City is in violation of County rules by allowing both pedestrian and
motorized use of the trail.
6. PLANNING - Report by Representative
Commissioner Borkon reported on the January 6, 1998 meeting of the Planning Commission (as
detailed in the minutes of that meeting).
7. CONSIDERATION OF A MOTION REGARDING UNION CONTRACT
AGREEMENT WITH AFSCME
Administrator Hurm explained a contract agreement has been reached with the AFSCME Union.
This agreement represents a two year extension.
Dahlberg moved, McCarty seconded adopting the Union Contract Agreement with
AFSCME. Motion passed. 3/0.
8.
CONSIDERA TION OF A REQUEST
WATERSHED DISTRICT STEERING
ENDORSEMENT RESOLUTION
FROM MINNEHAHA
COMMITTEE TO
CREEK
ADOPT
Mayor DaWberg explained the Minnehaha Creek Watershed District Steering Committee has
drafted a resolution to be passed making recommendations to the County Board. Since two
recommendations have already been made by the Council,. no action was necessary regarding this
request.
w"...
CITY COUNCIL REGULAR MEETING MINUTES
JANUARY 12, 1998 - PAGE 4
9. ADMINISTRATOR AND STAFF REPORTS
A . Staff Report on Development Monitoring
Engineer Brown reported the Watershed District has approved the wetland mitigation area for
Watten Ponds and this work has been completed. Some trees were lost, however this was a part of
the approved tree preservation plan.
B. Planner's Report on Agreement with Northwest Associates for
Housing Study Services
Hurm explained Planning Director Nielsen will report on this matter at the next meeting. He
further explained the City is working with other cities in the area relative to funds which are
available for a general housing plan.
C . Report on 1997 Implementation Efforts of Communication Plan
Mayor Dahlberg suggested this matter be addressed in a work session meeting.
D.
Administrator's Report on Status of Animal Control Agreement
with Orono
.
Hurm reported Orono has submitted a proposal to take over the animal control duties for the City.
It is anticipated there will be a contract submitted to Council by the next meeting. Hurm explained
boarding is a long term problem and efforts will be made to work on plans in 1998 to actually build
a facility within the City of Orono in 1999.
10. MAYOR AND CITY COUNCIL REPORTS
Attorney Dean reported Eagle Crest Northwest Development has commenced a lawsuit against the
City which arises out of the action of the City denying their concept plan approval for the proposed
development. The matter has been submitted to the insurance carrier who has accepted the case
and has appointed counsel to represent the City.
With respect to the Johnson matter, the City received a reply brief from the Johnsons and has on .
this date fIled with the Appellate Court a response.
11. ADJOURNMENT
Dahlberg moved, Garfunkel seconded adjourning the meeting at 8:19 p.m. subject
to the approval of claims. Motion passed 3/0.
RESPECTFULLY SUBMITTED,
Cheryl Wallat, Recording Secretary
TimeSaver Off Site Secretarial, Inc.
ATTEST:
TOM DAHLBERG, MAYOR
JAMES C. HURM, CITY ADMINISTRATOR
CITY OF SHOREWOOD
CITY COUNCIL EXECUTIVE SESSION
MONDAY, JANUARY 12, 1998
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
7:00 P.M.
MINUTES
1. CONVENE EXECUTIVE SESSION MEETING
Mayor Dahlberg called the meeting to order at 7:15 p.rn.
Present:
Mayor Dahlberg; Councilmember Garfunkel; and Administrator Hurm.
Councilmember McCarty arrived at 7:20 p.m.
Absent:
Councilmembers Stover and O'Neill.
2. DISCUSSION ON PROPOSED AGREEMENT
.
Councilmembers reviewed the tentative agreement between AFSCME Local 224 (representing
Public Works Department) and the City as presented by Administrator Hurm. The revised contract
will be presented at the City Council meeting for action.
3. ADJOURNMENT
Mayor Dahlberg adjourned the Executive Session meeting at 7:27 p.m. Motion passed
unanimously.
ATTEST:
TOM DAHLBERG, MAYOR
. JAMES C. HURM, CITY ADMINISTRATOR
1t:~
& Associates
Engineers
Architects
Planners
Surveyors
.
.
January 16, 1998
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By I
city of Shorewood
5755 Country Club Road
Shorewood, MN 55331
Atten: Mr. Larry Brown, P.E.
Director of Public Works
Re: Shady Island Bridge Replacement and Appurtenant Work
ChangeOider No.2
City Project 95-19
OSM Comm. No. 96038.00
Dear Mr. Brown:
Enclosed for your review is Change Order No.2 for the referenced project. This
Change Order provides for the extension of the contract completion dates and provides
notification to the contractor for the assessment of liquidated damages if the project is
not completed by-the extended dates.
This change order does not increase the direct construction cost of the project.
We recommend approval of Change Order No.2 in recognition of the coordination
efforts with non-public utility companies, and to notify the contractor of a completion
date after which liquidated damages may be assessed.
If you have any questions regarding this Change Order please do not hesitate to call
me at 595-5696.
Sincerely,
ORR-5CHELEN-MAYERON
AND ASSOCIATES, INC.
~-~~
Paul T. Hornby, P.E. ~
Project Manager
Enclosure
PTH/med
j:\96038.OOIcivill<:omooIOI06!/8.1J\B
300 Park PlaCe East
5n5 Wayzata Boulevard
Minneapolis, MN _ 5541~1.228
612-595-5n5 FAX 612-595-5n3 1-1>W~);f:.,...
Change Order No:
2
Project:
Shady Island Bridge Replacement & Appurtenant Work
Owner:
City of Shorewood
Jay Brothers, Inc.
Contractor:
CHANGE ORDER
City Project No. 95-19
OSM Project No. 96038.00
Date of Issuance: January 26, 1998
Engineer:
Orr-Schelen-Mayeron
and Associates, Inc.
You are directed to make the following changes in the Contract Documents:
Description:
Division 1, Section 01014:
Extend the completion date from October 31,1997 to June 15, 1998. Liquidated damages may be
assessed for work items incomplete after June 15, 1998, except for the bituminous wearing course. Extend
the completion date for the bituminous wearing course for placement between the dates of September 1,
1998 to September 15, 1998.
The warranty period shall be in accordance with General Concfmons Section 57.
Purpose of Change Order:
This change order extends the completion dates for this project in recognition of coordination efforts with
non-public utilities.
CHANGE IN CONTRACT PRICE
Original Contract Price: $266,267.03
Previous Change Orders No.1:
$6,982.50
Contract Price Prior to this Change Order:
$273,249.53
Net Increase (Decrease) of this Change Order: $0
Contract Price with all Approved Change Orders: $273,249.53
Recommended ~ ~ :"
Paul T. Hornby, P.E., Project M~ager
Approved By:
.~
(City Engineer)
(City Manager)
J:\96038.00\C\VIL\CORRI!S\OI0698.C02
CHANGE IN CONTRACT TIME
Original Contract Time:
October 31, 1997
Net Change from Previous Change Orders:
160 days (50 construction days)
Contract Time Prior to this Change Order:
October 31, 1997
Net Increase (decrease) of Change Order:
160 days (50 construction days)
Contract Tme with Approved Change Orders:
June 15, 1998 (see exception above
for wearing course)
Approved BYt;.{~
Jay Brothers, Inc.
Date of Council Action:
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5755 COUNTRY CLUB, ROAD- SHOREWOOD, MINNESOTA 55331-8927/- (612) 474-3236
FAX (612) 474.0128. www.state.netlshorewood-. cityhall@shorewood.state.net
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_ -LundgrenBros.._CO!lstiUction has asked the_City to approve an ~endmeni to tile pro~tive'
_'_. covenants'for MarSh Pointe. The origInal approval of the fmal plat limited the use of a comnion- :7
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" driveway which serves two of the lots (LotS 10 and 11, Block 1- see Site Location map~ - , ---
. "attached)-to only those two lots~ Lot 9, oyer which the pnvatediiveway crosses, is.to p,ave its
. own driveway. The reaSon-for this restriction is that if the common driveway served. m<?re than
_ two homes, it would have to be designed and built as a fire:access road - ~a wider rmid with", --'-
, adequate tunl-around for emergency vehicles. ., - ' ~ - - , ,
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~9rlveway-for its_access. The prop,?sedainendment refle~_the restriction imWsedas part of the
original approval; aIJowing pnlyoccasional use by'Lot 9 and, relieving the owner.ofJ.,.ot 9 of
,', ; mainteDance~responsibilities. '-"~-: ';. ,,' "'~; <-,- - - . ,-- ' ., ' '
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> Although_this is cOI,!Sidered,tobe a-"hou.sekeeping'''jtern;.the resolution in your packet does~'
-require afour-fIfths vote by the 'City Council. If you have any questions relative to 'this m~er;-
please do not hesitate to contact me prior to Mongay night's meeting. - -' - '/.' :
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CITY OF SHOREWOOD
RESOLUTION NO.-
RESOLUTION AUTHORIZING AN AMENDMENT TO THE
COVENANTS FOR MARSH POINTE
WHEREAS, Marsh Pointe, LLC. (Applicant) is the owner of a residential subdivision in the City
of Shorewood, County of Hennepin, State of Minnesota, legally descnDed as "Marsh Pointe"; and
WHEREAS, upon approving the final plat for Marsh Pointe, the City of Shorewood imposed a
restriction on the use of a private driveway intended to serve Lot 10 and Lot 11 Block 1, limiting the use
of said private driveway to said Lot 10 and Lot 11; and
WHEREAS, the Declaration of Covenants for Marsh Pointe does not reflect the above-referenced
restriction on the use of the private driveway, and
a...- WHEREAS, the APPlicant. now proposes to amend the Declaration of Covenants for Marsh
~ointe to make it consistent with the City's final plat approval; and
James C. Hurm, City Administator/Clerk
3.i.
WHEREAS, any amendment to the Declaration of Covenants for Marsh Pointe must be approved
by the City of Shorewood; and
WHEREAS, the First Amendment to the Declaration of Covenants for Marsh Pointe has been
reviewed by the City Planner, and his recommendations have been duly set forth in a memorandum to the
City Council, dated 22 January 1998, which memorandum is on file at City Hall; and
WHEREAS, the First Amendment to the Declaration of Covenants for Marsh Pointe was
considered by the City Council at a regular meeting of the Council held on 26 January 1998, at which
time the Planner's Memorandum and the recommendations of the City Attorney were reviewed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as
.Ollows:
1. That the First Amendment to the Declaration of Covenants for Marsh Pointe is consistent
with the City's original approval of the final plat for Marsh Pointe.
2. That Applicant shall cause to be recorded this Resolution together with the First
Amendment to the Declaration of Covenants, for Marsh Pointe, attached hereto as Exhibit
A, and made a part hereof, with the Hennepin County Recorder or Registrar of Titles
within thirty (30) days of the date of certification.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 26th day of January
1998.
ATTEST:
Tom Dahlberg, Mayor
$:
CITY OF SHOREWOOD
PARK COMMISSION MEETING
TUESDAY, JANUARY 13, 1998
COUNCIL
5755 COUl'
7:30 P.M.
MINUTES
CONVENE PARK COMMISSION MEETING
DRAfT
1.
_<if
Chair Colopoulos called the meeting to order at 7:31 p.m.
A.
ROLL CALL AND INTRODUCTION OF NEW MEMBERS
Present:
Chair Colopoulos; Commissioners Puzak, Bensman, Dallman, Arnst, Themig and
Cochran; Administrator Jim Hurm
B . REVIEW AGENDA
.
Chair Colopoulos read the Agenda for January 13, 1998. The agenda was accepted as amended.
He explained the Police Department has requested permission to utilize Freeman Park for an
additional snowmobile training session. This will become Item No.4. A Trail Plan Review will
become Item No. lOA and a discussion relative to the Youth Initiative Survey Session will also be
addressed as Item No. 10B.
2. APPROVAL OF MINUTES
A. Park Commission Minutes of November 11, 1997
.
Dallman moved, Bensman seconded approving the Park Commission Minutes 0 f
November 11, 1997, as submitted. Motion passed 5/0. (Commissioners Themig
and Cochran abstained.)
B. Park Commission Meeting Minutes of December 9, 1997
Puzak moved, Dallman seconded approving the Park Commission Minutes 0 f
December 9, 1997, as submitted. Motion passed 5/0. (Commissioners Themig
and Cochran abstained.)
3. MATTERS FROM THE FLOOR
Administrator Hurm introduced Twila Grout who has been appointed to the position of Park
Secretary. Commissioners Cochran and Themig introduced themselves to the Commission.
4. REVIEW OF GRANT APPLICATION WITH TONKA UNITED SOCCER
REPRESENTATIVE
Mr. Henderson was in attendance and explained the grant opportunity for which application is
being made. He thanked Administrator Hurm for his assistance in this application process. The
grant is intended to supplement funds which Tonka United Soccer has budgeted for the coming
year for recreational soccer development for children in the community.
Chair Colopoulos expressed concern relative to the proposed upgrading of the fields and noted it is
his belief the Commission had anticipated the fields. would be upgraded in such a way that they
could still be utilized.
:JPSft
~-< ;t.
PARK COMMISSION MINUTES
JANUARY 13, 1998 - PAGE 2
Mr. Henderson explained he has discussed this matter with the G&H Earth Moving personnel as
well as the irrigation people who have extensive experience in this field of work. He was told it
would be best to do all of the work at once. If this work were commenced the 1st of August,
irrigation could be utilized to germinate the seeds by approximately the 18th of August. Mr.
Henderson also noted there is considerable competition for the grant funds.
Commissioner Puzak inquired whether a contingency plan has been considered given the
possibility the fields may not be ready for the start of the soccer season. Mr. Henderson felt a plan
could be devised to address such a situation.
4.
A.
CONSIDERA TION OF A REQUEST BY THE POLICE
DEPARTMENT FOR AUTHORIZATION TO CONDUCT AN
ADDITIONAL SNOWMOBILE TRAINING SESSION
Hurm explained a request has been received from the Police Department for authorization to
conduct one additional snowmobile training practical session in Freeman Park.
Puzak moved, Bensman seconded authorizing the Police Department to utilize
Freeman Park for an additional snowmobile training session under the same .
conditions which were previously imposed relative to the presence of only one
snowmobile. Motion passed 7/0.
5. LITTLE LEAGUE PROPOSAL FOR A SCOREBOARD AT FREEMAN
FIELD # 3
Mr. Dave Steinkamp was unable to be in attendance and this item was therefore tabled for
consideration until the February meeting of the Park Commission.
6. DISCUSSION ON CONTRACT FOR CONCESSION SERVICES FOR 1998
SEASON
Hurm explained Mr. Strout will not be working with the concession services for the 1998 season.
Commissioner Dallman suggested advertising in the newsletter for someone to fill this position.
Commissioner Themig suggested possibly one of the sports organizations would be interested in
taking over this service.
Chair Colopoulos felt this matter should be referred back to Minnetonka Community Education
Services who would be able to utilized various sources of help. Hurm will investigate this matter
with MCES and will report back to the Commission at the next meeting.
.
7. REPORT ON PARK ACTIVITY
Hurm displayed the stakes which were used at Silverwood Park for purposes of the turf trail.
These stakes were placed for the purpose of marking the City's property lines relative to the. trail.
8. CONSIDERATION OF A MOTION MAKING RECOMMENDATIONS FOR
1998 PARK COMMISSION OFFICERS
Bensman moved, Themig seconded to recommend nominating Commissioner
Puzak for the position of Chair and Commissioner Dallman for the position of
Vice Chair for 1998. Motion passed 7/0.
PARK COMMISSION MINUTES
JANUARY 13, 1998 - PAGE 3
9. CONSIDERATION OF SCHEDULE OF PARK LIAISONS TO COUNCIL
The consensus of the Commission was to continue taking turns as Park Liaison to the Council.
The schedule for 1998 is as follows:
Commissioner Puzak January/August
Commissioner Colopoulos February/September
Commissioner Dallman February/October
Commissioner Bensman AprilINovember
Commissioner Themig MaylDecember
Commissioner Cochran June
Commissioner Arnst July
10. DISCUSSION ON A COMMISSION WORK PLAN FOR 1998
Chair Colopoulos suggested adding the issue of green space to the Commission's work plan list.
He noted the issue relative to foul balls at Freeman Park also needs to be addressed.
.
It was also suggested the possibility of holding a festival or community event be further
investigated. Commissioner Puzak also noted the possibility of developing a brochure had been
tabled in the past and could also be added to the work plan list.
Hurm suggested the Commission may want to review the 1998 Capital Improvement Plan as well.
A. TRAIL PLAN REVIEW
Chair Colopoulos felt the Commission may want to give consideration to holding a second
monthly meeting which would be dedicated to working on the trail plan issue. Commissioner
Puzak noted a commitment has been made to the Council as well as the community that these
meetings would be held in open public forums. If the meetings are held at a time other than the
regular meeting dates and times, it may be difficult for people to be aware of them. Hurm stated it
~ay be necessary to have an additional work study session for Commission discussion on this
Issue.
.
Commissioner Bensman inquired who would be responsible for appointing the Citizen Review
Group. Hurm explained Mr. Koegler will work with the Commission or a sub group of the
Commission relative to this. Commissioner Puzak felt the Park Commission should work with
Mr. Koegler and present a list of candidates to the Council.
Commissioner Bensman and Chair Colopoulos felt a community forum date should be established
to allow sufficient time for publication in the newsletter. Commissioner Puzak recommended the
week of February 16th with the following week as a backup date. The actual day will be selected
by Hurm and Koegler.
Commissioner Arnst questioned how the 300 names to receive a personal letter of invitation would
be selected. Hurm felt suggestions could come from the Commission, sports groups, as well as
petitions which have been filed with the City. Commissioner Arnst felt the invitations should be
restricted to Shorewood residents. Commissioner Bensman felt the Citizen Review Committee
should be restricted to residents.
~
PARK COMMISSION MINUTES
JANUARY 13, 1998 - PAGE 4
Commissioner Arnst expressed concern with sending invitations to special interest groups such as
sports organizations and noted there are individuals who are very interested in this subject who
would not be included because they do not fall into one of the categories listed. Commissioner
Puzak noted his agreement and felt the process should be more random and suggested a computer
generated list which selects names by random. He felt advertising would bring in the special
interest groups. Commissioner Bensman felt the invitations should be sent out more as a general
announcement of a community forum.
Council Liaison McCarty suggested colored postcards be . utilized to announce the community
forum. Hurm will discuss this with Koegler and the issue can be further discussed with the
Commission prior to the invitations being sent out.
Commissioner Puzak asked whether the City is secure that Koegler is neutral on this issue since he
will profit if the trail proceeds. Hurm explained Koegler does not profit if the trail proceeds since
the City will develop and construct the trail.
Commissioner Themig questioned whether there is a way for people who cannot attend the meeting
to submit their feedback. Commissioner Bensman suggested forming a subcommittee to oversee
communications. Commissioner Arnst felt the Communication Committee should be in charge Of.
any communication and/or press releases which are sent out. It was decided the subcommittee will
consist of Commissioners Bensman, Themig and Arnst.
It was decided that all Shorewood households will receive postcards announcing the Community
Forum. It will be announced in the newsletter as well. The subcommittee will oversee
communications. The week of February 16th has been selected and the specific date will be
selected by Hurm and Koegler. By the end of February, a Citizen Review Group will be
established by the Commission and Koegler and will be submitted to the Council for their
consideration.
B. YOUTH INITIATIVE SURVEY
A survey was distributed to the Commission for their information and review. Commissioner
Puzak stated. he supports doing things which are positive and healthy for children and
recommended the Commission proceed with this survey. He expressed concern with the number
of messages in Excelsior that children are not welcome such as street signage which prohibits
~tivities such as rollerblading and skateboarding. Commissioner Puzak also expressed concern .
with the partnerships which would be developed in this regard.
Commissioner Puzak did not feel the youth initiative to be a viable goal if it is meant to keep kids
off the streets since it will not solve a loitering problem which may currently exist. Any facility
which is developed to address this situation will not be of interest to all youth in the area since their
interests are not the same. Commissioner Arnst noted not all kids in the area want to be in
community education programs or traditional sports programs.
Chair Colopoulos requested the issue of a possible skate park be brought back for consideration on
a new future agenda.
.
.
PARK COMMISSION MINUTES
JANUARY 13, 1998 - PAGE 5
11. ADJOURNMENT
Cochran moved, Themig seconded adjourning the meeting at 9:35 p.m. Motion
passed 7/0.
RESPECTFULLY SUBMITTED,
Cheryl Wallat
Recording Secretary
TimeSaver Off Site Secretarial, Inc.
CITY OF SHOREWOOD
RESOLUTION NO. 98-
A RESOLUTION MAKING COMMISSION APPOINTMENTS
WHEREAS, at their regular meeting held December 15, 1997, the City Council
adopted Resolutions No. 97-117 and 97-118 making appointments to the Planning and
Park Commissions.
NOW, THEREFORE BE IT RESOLVED that the City Council shall make
the following Park Commission position appointments for the year 1998:
Park Commission:
Chairperson Dan Puzak
Vice Chairperson Ken Dallman
. ADOPTED BY THE CITY COUNCIL OF THE CITY OF
SHOREWOOD this 26th day of January, 1998.
TOM DAHLBERG, MAYOR
ATTEST:
.
JAMES C. HURM, CITY ADMINISTRATOR
:If:sj ,/
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of )4
.
.
CITY OF SHOREWOOD
PLANNING COMMISSION MEETING
TUESDAY, JANUARY 6,1998
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
7:00 P.M.
MINUTES
CALL TO ORDER
Pro Tem Chair Lizee called the meeting to order at 7:00 p.m.
ROLL CALL
Present:
Pro Tem Chair Lizee; Commissioners Kolstad, Borkon, Champa, Bailey,
Callies, and Collins; Planning Director Nielsen; Council Liaison O'Neill
APPROVAL OF MINUTES
Planning Commission Minutes - December 16, 1997
Champa moved, Borkon seconded. approving the Planning Commission Minutes of
December 16, 1997, as amended on Page 1, delete the notation reflecting Commissioner
Foust was absent; Page 3, Paragraphs 13 and 16, change "Ohio" to "New York";
Paragraph 14 change "curlegend" to "curmudgeon"; Page 4, Paragraph 3, capitalized
"Wealthy." Motion passed 4/3. (Commissioners Bailey, Callies and Collins abstained.)
1. PUBLIC HEARING - C.U.P. FOR MINNETONKA COUNTRY CLUB GOLF
COURSE
Applicant:
Location:
Minnetonka Country Club Association
24575 Smithtown Road
Planning Director Nielsen noted this matter has been resched~led to the February 3, 1998
meeting of the Planning Commission to allow the applicant an' opportunity to address current
State Building Code requirements.
2. RECOMMENDATION FOR 1998 CHAIR, VICE CHAIR AND COUNCIL
LIAISON
Pro Tem Chair Lizee felt given the number of new commissio!lers as well as the substantial
issues on the Commission's agenda this year, it will be necessary to select a chairperson who
possesses the experience and leadership necessary to be an effective guide to the Commission.
She felt the chairperson must also demonstrate skills relative to communication, community
concern, citizen respect, consensus building and conflict resolution.
b
PLANNING COMMISSION MINUTES
JANUARY 6, 1998 - PAGE 2
Lizee moved, Kolstad seconded, nominating Commissioner Borkon to the position of Chair
and Commissioner Champa to the position of Vice Chair.
Commissioner Kolstad commented she seconded the motion, although she felt it was
inappropriate. Commissioner Champa noted his agreement with Pro Tern Chair Lizee's
comments, however, he stated he would feel more comfortable with a more experienced
commissioner holding the position of Vice Chair. He also felt a more experienced
Commissioner would be more deserving of this position.
Commissioner Champa noted his intention to nominate Commissioner Kolstad to the position of
Chair.
Kolstad moved, Lizee seconded amending the motion to remove the nomination of Vice
Chair from the motion and treat it as a second motion. Motion passed 7/0.
.
Lizee moved, Champa seconded nominating Commissioner Borkon to the position of
Chair. Motion passed 7/0.
Kolstad moved, Borkon seconded nominating Commissioner Lizee to the position of Vice
Chair. Motion passed 7/0.
With respect to the position of Council Liaison, Commissioner Champa suggested each
commissioner take a turn attending the Council meetings in the capacity of Council Liaison.
Commissioner Callies noted she could not commit to regularly attending the Council meetings
due to various other commitments.
Nielsen suggested a calendar be established to ensure each commissioner is aware of the dates
they will be responsible for attending the Council meeting and providing a report.
.
3.
PUBLIC HEARING - C.U.P. FOR SPECIAL HOME OCCUPATION
'.
Applicant:
Location:
James Bruce
5755 Merry Lane
Mr. Bruce was in attendance. Pro Tern Chair Lizee opened the public hearing at 7:27 p.m.
Bob and Carol Anderson, 5725 Merry Lane, were in attendance and stated they are in complete .
support of Mr. Bruce's request.
Hearing no further public testimony, Pro Tem Chair Lizee closed the public hearing at 7:28 p.m.
Commissioner Borkon questioned which entrance the employee will be utilizing and Mr. Bruce
explained it will be the entrance on the lower level.
PLANNING COMMISSION MINUTES
JANUARY 6, 1998 - PAGE 3
Commissioner Callies did not see a need to add the special condition relative to the permit being
limited to this owner since the existing ordinance states the permit does not run with the land and
is not transferrable.
Ms. Anderson noted her belief Mr. Bruce's address is incorrect and Nielsen will investigate this
matter.
Pro Tern Chair Lizee noted there to be a collection of construction type debris in the
east/northeast corner of the property and suggested this be removed in the spring. She also noted
a drainage pipe in the area of the stairs to the lower driveway and inquired whether it will be
buried. Mr. Bruce explained this pipe drains the upper driveway and has been in existence prior
to Mr. Bruce acquiring the property. Pro Tern Chair Lizee requested Mr. Bruce investigate this
matter in the spring and he agreed.
.
Borkon moved, Callies seconded approving a C.U.P. for Special Home Occupation for
James Bruce, 5755 Merry Lane. Motion passed 7/0.
This matter will come before the City Council for their review on January 26, 1998.
4. PUBLIC HEARING - C.U.P. FOR SHOREWOOD NURSERY RENOVATION
Applicant:
Location:
Brian Pipkom, Akom Services, Inc.
23505 Smithtown Road
Mr. Dennis Pipkorn was in attendance and noted he just received the report of Engineer Brown
and has not had an opportunity to review it. He noted Brian Pipkorn, William Asp and Wayne
Jeske were also in attendance.
.
Mr. Pipkorn addressed the issue of Wood Duck Circle and stated this driveway is important for
use by employees of the nursery and would not be used by dump trucks or semis.
With respect to outdoor storage, Mr. Pipkom explained he is in agreement with the
recommendation of a six. foot fence, however, he would like' it limited to the area where
landscape materials are stored and not all the way out to the roadway. Nielsen noted his
agreement.
Mr. Pipkorn noted the signage on the property will be brought into conformity with the Zoning
Code and a signage plan will be submitted.
Mr. Pipkorn felt the situation had been improved with the creation of the two driveways on
County Road 19. He requested the westerly driveway, for which the Hennepin County
Transportation Department has suggested closure, be retained given the large trucks and semis
which must access the area to unload various materials. Mr. Pipkorn' also explained during the
peak business periods, having only one access would significantly increase congestion on the
site.
I
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PLANNING COMMISSION MINUTES
JANUARY 6, 1998 - PAGE 4
Mr. Jeske reviewed Engineer Brown's report and was in agreement with the recommendations
contained therein.
Commissioner Borkon expressed concern relative to ingress and egress on County Road 19. She
inquired whether it is recommended the Wood Duck Circle access be closed in light of the
suggestion by Hennepin County that the westerly driveway access from County Road 19 be
closed. Nielsen explained transportation engineers generally prefer fewer points of conflict on a
highway and this is achieved through the utilization of fewer access points.
Mr. Asp stated with only one entrance, he anticipates a significant problem with congestion.
Commissioner Borkon expressed concern relative to closing the driveway on County Road 19
given the level and speed of traffic in this area. Nielsen explained the City can make a
recommendation to the County, however, the County will need to make the final decision.
.
Commissioner Collins felt if the County is recommending closure by statute or ordinance, there
would not be any point in discussing this matter further. He felt two accesses to be more
appropriate and felt the current design to be suitable for this area.
Commissioner Borkon suggested posting signage which would specify that vehicles of a certain
weight will not be allowed on the County Road.
Council Liaison O'Neill pointed out employee cars are also considered commercial traffic on a
residential street. Commissioner Champa noted his recollection that the neighborhood was in
support of keeping Wood Duck Circle open. Nielsen noted this was not his recollection.
With respect to traffic in and out of the site, Brian Pipkom commented at the peak of the season,
there would be 16 employees on the site.
.
Commissioner Champa was in agreement with having two driveways. In the event one of the
driveways is closed by the County, he would suggest leaving the Wood Duck Circle access open.
Commissioner Borkon felt it may be.appropriate to leave all three access points open.
. '.1
Commissioner Callies inquired how many employees versus customers utilize the Wood Duck
Circle access. She felt the majority of the traffic in and out of the Wood Duck Circle access
would most likely be employees. Commissioner Callies felt the Wood Duck Circle access could
be posted no deliveries or weight restrictions imposed.
Commissioner Kolstad expressed concern relative to hardcover and felt if hardcover could be
reduced to under 25 percent, the Wood Duck Circle access should remain open.
Commissioner Champa commented if the two entrances on County Road 19 remain, there is no
need for the Wood Duck Circle access. Commissioner Bailey noted his agreement with
Commissioner Champa and stated he would prefer the two entrances on County Road 19 with
the closure of Wood Duck Circle.
PLANNING COMMISSION MINUTES
JANUARY 6,1998- PAGE 5
Pro Tem Chair Lizee inquired relative to the grading where the site meets the pond. She noted
there is a steep slope which appears unstable and asked whether there are plans to grade or plant
this area with ground cover. Mr. Asp explained wildflowers and overstock will be planted
throughout this area. He noted this will be included on the final plans.
Pro Tem Chair Lizee confirmed this operation will function as a holding greenhouse as opposed
to a growing greenhouse. Commissioner Champa expressed the concerns of the Commission
relative to a growing type greenhouse and the use of chemicals and pesticides.
Mr. Asp explained the floor of the greenhouse will be sloped with any water spillage draining to
the outside. In addition, he explained hand watering will be utilized and there will not be any use
of chemicals or pesticides.
.
Pro Tem Chair Lizee requested the car which is being displayed for sale on the property be
removed. Nielsen noted this is not an authorized use of the property. The car must be in the
parking lot and not on the public right of way and may only be there, posted for sale, when Mr.
Asp is present on the premises.
Champa moved, Borkon seconded informing the County it is the City's recommendation
the two driveways on County Road 19 be left open and approving the Conditional Use
Permit for Shorewood Nursery Renovation for Brian Pipkorn, Akorn Services, Inc., 23505
Smithtown Road, subject to staff recommendations making an addition to
Recommendation No. 10, that no permanent water fIXtures are allowed in the greenhouse
unless a floor drain is installed. Approval of the Conditional Use Permit is also subject to
Engineer Brown's recommendations, deleting Recommendation No.2. Motion passed 7/0.
Commissioner Collins stated he prefers all three driveways be left open, but felt the motion to
leave open the two access points on County Road 19 to be the best alternative in the spirit of
compromise and in an effort to regain some of the impervious surface.
. Nielsen explained in the event the County gives approval to, ,leaving the two driveways on
County Road 19 open, the Wood Duck Circle access will be closed. In the event the County
eliminates one driveway on County Road 19, the Wood Duck Circle driveway will remain open.
Pro Tem Chair Lizee noted this matter will come before the Council on January 26, 1998 for
their consideration.
5. RECOMMENDATION FOR A 1998 COUNCIL LIAISON
,
Commissioner Kolstad was in agreement with concerns which had been raised by Pro Tem Chair
Lizee relative to the timing of the Commission's reports to the Council and the subsequent lapse
of time before a particular matter comes before the Council for consideration.
Nielsen suggested a brief report be given at each Council meeting and then a more elaborate
report be given at the meeting in which the Council is actually considering a particular matter.
.
.
PLANNING COMMISSION MINUTES
JANUARY 6, 1998 - PAGE 6
It was decided Commissioners Borkon, Kolstad, Lizee and Champa will cover the first four
rotations as follows:
Commissioner Borkon
Commissioner Kolstad
Commissioner Lizee
Commissioner Champa
January 12 and 26
February 9 and 23
March 9 and 23
April 13 and 27
It was agreed there will be a liaison to the Park Commission at only those meetings which are
relevant to the Planning Commission and a liaison will be selected at that time.
6. MATTERS FROM THE FLOOR - None
7. REPORTS
Commissioner Kolstad informed the new commissioners two subscriptions have been obtained to
Zoning News and will be circulated for their review.
Nielsen noted the 1998 priorities are being developed. The issues where a moratorium is in
effect will be higher on the priority list.
8. ADJO~NT
Collins moved, Bailey seconded adjourning the meeting at 9:30 p.m. Motion passed 7/0.
RESPECTFULLY SUBMITTED.
Cheryl Wallat
Recording Secretary
TimeSaver O.f:fSite Secretarial, Inc.
l,
1
MEMO~UM
TO:
.
FROM:
DATE:
RE:
FILE NO.:
BACKGROUND
CITY OE
-SHOREWOOD
---.
5755 COUNTRY CLUB, ROAD. SHOREWOOD, MINNESOTA 55331-8927 · (612) 474-3236
FAX (612)474-0128. www.state.netlshorewood. cityhall@shorewood.state.net
Planning Commission, Mayor and City Council
Brad Nielsen
27 November 1997
'"
, Shorewood Nursery - Revised"Conditional Use Permit
405 (97.33)
, Mr. Brian Pipkom proposes to significantly renovate the Shorewood Nursery, I<>cated at '..
23575 SmitptowIi Road (see. Site Location map - Exhibit A,. attached)./Sin~ the~
exists as a oonditional use in the R-C, Residential/Commercial zollingdistria; the changes
- proposed by' Mr.Pipkomr~uire a revision to the existing conditional use permit. /-
.
'- "- ~~" -
The property cODsiStS of three ' parcels of land containing approximately two acres. Land
uses and zoning surrounding the site are as follows:
. ~~ ,,' (. ""-, ': ,;-,
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"
North:
East:
, South:'
West:
County Road 19, then yacht club boat storage, area; zoned R-1A
commercial; zoned,' C-4. ,
two-familY residential; zoned R~2A
~o-faIililyresidential; zoned R-2A
/
As can be seen' on Exlnoit B, tIle applicant proposes to remove all existing structures on
the site except the office'biiiIding. He then proposes to build a new trellis plant display
area, a smaIl cashier gazebo, a sniall 'client conference gazebo, a pi-efab.greenhouse and a
residential style'garage (see Exhibit C). A-description of aD the proposed me,
A Residential Community on Lake Minnetonka's South Shore
foft. I
, .~
Memorand~
Re: Shorewood Nursery C.U.P.
27 Novemqer 1997
improvements is contained on Exhibit D. Building elevations for the gazebo structures
and trellis display area are shown onExlnDits E and F.
ISSUES AND ANALYSIS
The applicant's plans represent a significant improvement to the overall appearance of the
site. It alsq presents an opportunity to bring the property into conformance with current
zoning regulations. Section 1201.19 Subd. 4. sets forth the conditions for a nursery
operation ifl tbe1l.-C district. Additional conditions are listed in Subd. 8. Following is
how the applicant's request complies with the Shorewood Zoning Code:
.
.
1.
Paqang. 'The existing parking is unpaved arid does not comply with driveway
requirements. There is no definition of access and the parking lot opens entirely
onto County Road ,19 . 'The applicant proposes a paved and striped lot with two
driveway entranCes and 19 parking stalls. Consistent with zoning requirements,
the new lot will have perimeter concrete cwbing. The number of par1cing stalls
proposed is adequate, given the area of retail and office space proposed for the
site. The vyesterly driveway is 60' feet from the intersection ofW 000' Duck Circle
and County Road 19. The applicant win have to obtain the approval of the
Hennepin County Department ofTrnnsportation' for the revised access to the
highway.
The applicant's,p1ans indicate that an existing driveway entrance from W 000 Duck
Circle will Pe maintained. This has been a source of confusion since the original
C.D.P. was modified in 1983. Council minutes from 1984 suggest that the
driveway cpU1d be kept, subject to the Council's ""contrOl '.ana discretion"". The
driveway does not appear to be essential to the operation of the nursery and it is
not r~ that commercial tratlic be routed to a residential street. The
City has, in fact, experienced problems with pavement damage on Wooo Driv~
due in part to heavily'loaded commercial vehicles. It is strongly ,recommended that
the driveway be eliminated and the remaining gapshouId be landscaped. An
existing gravel driveway provides circulation arOUlld the interior oftbe Site.
2.
The existing office building was converted from a house. The proposed buildings
have a residential character, and the proposed gatdendisplay \Vi1l'have a parlc':'like
appearance.
3.
The Code requires a landscaped buffer area. where the site abuts residential uses.
The applicant proposes'to maintain an eXisting evergreen hedge at the south end of
the site, but proposes to construct timber storage bins within the rear yard setback.
It is r~ that these be relocated so as to maintain .at least the 25-foot
setback required next to residential use. The proposed boulder storage area. should
-2-
Memorand1,lm
Re: Shorewood Nursery C.u.P.
27 Novemqer 1997
also be relocated so as not to encroach into the 35-foot setback from Wood Duck
Circle. F~y, with respect to setbacks, all storage or 'display should 'take place
within the buildable area of the property, recognizing R-C setback requirements.
Exhibit Gshows proposed landscaping. As mentioned in 1.'abovethe'landscaping
should be extended across the existing driveway area.
4. The Zoning Code limits hours of operation for commercialusesin,theR-CDistrict
to between 8:00 AM. and 9:00 P.M.
5.
The applicant may have more signage than what is currently allowed by the Code.
Signage in the R-C District is limited to a total of36 square feet, ofwhich a
freestanding sign can not exceed 2Q'square teet. As 'part of 1bis 'conditional use
permit,signage should be brought into conformity with the Code.
.
RECOMMENDATION
The applicant's plans are considered to be a substantial improvement over what exists
today, partirolady the parking lot improvements. It is recommended that the C.D.P. be
approved subject to the following:
a. The driveway on Wood Duck Circle should be eliminated and landscaping should
be ~ed to fill in the gap.
b.
Relocate the timber material storage bins so as to comply with the 25-footsetback
requirement.
.
c. Relocate the boulder storage area so as to comply with the 35-foot side yard
requirement abutting Wood Duck: Circle.
d. No storage or display should be located within the front or side setback areas.
e. HOl,lTs of operation are limited to between 8:00 AM. and 9:00 P.M.
f. Signage should be brought into conformity with zoning requirements.
g. The applicant should be required to submit a revised site plan and landscape plan
reflecting the recommendations contained herein.
cc: run Hutm
Larry Brown
John Dean
Wayne Jeske
Brian Pipkom
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Alcorn Services, Inc.
Re: 23505 Smithtown Rd, 23575 Smithtown Rd. (Shorewood Nursery)
A. There is no change to the proposed usage of said property or the nature of business
conducted at the site.
B. The changes in the site are as follows:
1. hnprove parking.
2. Remove CWTent "store", courtyard and garage.
3. Construct an octagonal structure 20' in diameter for interior display space and check-out
location.
4. Construct a 12' octagonal conference room for consulting with landscape clients.
5. Install cyclone fencing between parking area and display space to improve security.
6. Install concrete paver walkway from parking area to and ar01md retail display building.
7. Install covered trellis area for shade plants adjacent to existing house and trellis covered
walkways extending in both directions from retail display building.
8. Install a waterfall, stream and pathways to illustrate various landscape and plant materials
to clients.
9. Install low powered lighting to improve night time security.
10. Construct a garage on southwest corner of property.
11. Construct foW" to six storage bins at rear of property for storage of landscape rock,
mulch, black dirt, etc. this will enhance the appearance of the staging area.
12. Construct concrete or crushed rock pad for 20' x 40' steel frame, vinyl covered green
house for propagation and storage of weather sensitive plat material.
Exhibit D
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CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927. (612) 474-3236
FAX (612) 474-'0128 . www.state.neUshorewood . cityhall@shorewood.state.net
MEMORANDUM
TO:
Planning Commission, Mayor and City Council
.
FROM:
Brad Nielsen
DATE:
30 December 1997
RE:
Shorewood Nursery - Revised Conditional Use Permit
FILE NO.:
405 (97.33)
Brian Pipkorn's request for a conditional use permit was tabled at the December Planning
Commission, pending revisions to his site plan which were-recommended in a staff report,
dated 27 November 1997. Following is how the revised plans (Exhibits A-G) address
staff recommendations and the concerns expressed by the Planning Commission:
1.
The revised plans still show a driveway on the Wood Duck Circle side of the site,
Staff still recommends removal of this driveway.
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2.
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The timber material storage bins have been moved well away from the rear yard
setback area.
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The boulder storage area has been relocated so as to comply with required
setbacks.
5.
The applicant has submitted no signage plan. Staff recommends that signage on
the site be brought into conformity with the Zoning Code.
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The applicant has not indicat~d how outdoor storage on the east side of the s~!e
will be screened. Staff recommends a six-foot wooden fence. A condition
restricting the height of stored materials to six feet is also recommended.
I.) PRINTED ON RECYCLED PAPER
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Memorandum
Re: Shorewood Nursery C.U.P.
30 December 1997
6; Exhibit A includes a calculation of impervious surfaces on the site. It should be
noted that the 6457 square feet of gravel driveway areas have not been included in
the impervious sUrface coveiage. Due to the compaction achieved in gravel roads
-and driveways, Shorewood counts such areas as impervious. Despite being over
the 25 percent hardcover requirement for the Shore land District by four percent,
the proposed site plan represents an improvement from what exists on the site
\. today. Impervious surface has been reduced by at least the area of the proposed
garden display area.
.
7. - As of this writing the revised plans do not include the d~sign fqr the proposed _
greenhouse structure. They do, however, propose a second futUre greenhouse.-In
light of the impervious surface mentioned in 6. above, additioiial hardcover can not
be allowed unless other impervious surface is elimJnated.
8.
The Herinepin County Transportation Department has suggested that the
westerly driveway on County Road 19 be eliminated. Removal of that
bituminous surface could make room for the second greenhouse mentioned in 7.
above.
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9. - Site drainage willbe addressed under separate cover by the City Engineer.
.
,
10. Due to the relatively small size of the greenhouse structure and the fact that it is a
holding versus gro'Yingfacility, the use of fertilizers is not anticipated to be a._
. problem.. It is suggested that the conditional use permit simply include provisions
regar~g consistency with Department of Agriculture rules relative to the use of
chemical fertilizers and pesticides.
cc:
- Jim Hurm .'
John. Dean
;Larry Brown
WayneJeske
Brian Pipkorn
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INDEX TO DRAWINGS
~ITE COYEFeAGE CALULA TIONe
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CITY OF SHOREWOOD
PLANNING COMMISSION MEETING
TUESDAY, UCKMBB:,.{il997
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
7:00 P.M.
MINUTES
CALL TO ORDER
Chair Pisula called the meeting to order at 7 :00 p,m.
ROLL CALL
Present:
Chair Pisula; Commissioners Turgeon, Borkon, Lizee, Kolstad and
Champa; Planning Director Nielsen; Engineer Brown; Council Liaison
O'Neill
Absent:
Commissioner Foust
APPROVAL OF MINUTES
Planning Commission Minutes - November 18, 1997
Borkon moved, Turgeon seconded approving the Planning Commission Minutes
of November 4, 1997, as amended on Page 1, Item No.1, Paragraph 1, Sentence
2, change to read, "intended that the policy"; Paragraph 4, Sentence 4, delete
"given" adding a period after "changed"; Page 2, Paragraph 1, change "right-of-
ways" to "rights-of-way"; Paragraph 7, Sentence 3, change "reorganization of the
information" to "reorganized format." Motion passed 4/0. (Commissioners
Kolstad and Champa abstained.)
Commissioner Turgeon requested the addition of Item No.5, a discussion with
Bob Gagne, Chair, Friends of the Southshore Senior Community Center.
1.
PUBLIC HEARING
RENOVATION
C.D.P.
FOR ~W~; \:';;.'NU.SBa~;.
Applicant: Brian Pipkorn, Akorn Services; Inc.
Location: 23505 Smith town Road
Mr. Dennis Pipkom was in attendance along with Brian Pipkom, Bill Aske, and Architect Wayne
Jeske. He noted the business conducted by the nursery is 50 percent retail and 50 percent
landscaping. Mr. Pipkom stated the objective is to improve the appearance of the property and
provide a more desirable atmosphere for their customers.
Mr. Pipkom stated the recommendations of staff are acceptable. He addressed the issue of staff
recommendation "A" relative to the ,driveway on Wood Duck Circle. Mr. Pipkom explained a
driveway has been eliminated and he would like to keep the driveway depicted on the diagram
because it provides good access for employees of the nursery. It also relieves congestion during
the spring months.
With respect to recommendation liD", with the constraints of the lot size, he stated it would be
helpful to use the area up to the lot line which is public property. There would be only plant stock
and nonstructure type materials in this area.
.
.
PLANNING COMMISSION MINUTES
DECEMBER 2, 1997 - PAGE 2
Chair Pisula opened the public hearing at 7 :25 p.m.
Craig Hewitt, 5727 Wood Duck Circle, was in agreement with the staff recommendation to
eliminate the access on Wood Duck Circle. He expressed concern relative to lighting and fencing
of the property. He was also concerned the bin storage area could be moved so that it will not
impact the nearby residence.
Hearing no further testimony, Chair Pisula closed the public hearing at 7:26 p.m.
Mr. Pipkorn explained a four foot high cyclone type fence will be utilized for security purposes.
Mr. Jeske addressed the lighting issue explaining the lighting will be in compliance with the
ordinance which provides there shall be no lights which shine outside of the property lines.
Commissioner Borkon raised the issue of ingress and egress from County Road 19. She noted
this to be a difficult turn given the speed on County Road 19. Nielsen explained the eastern most
driveway is wider to accommodate the traffic coming in and out of the property. He noted
Hennepin County's approval will be required relative to the revised access to the highway.
Commissioner Champa suggested constructing one larger driveway. Brian Pipkorn felt this would
create congestion on the property. He felt the driveway could be widened if he were allowed to cut
into the City's setback area. Nielsen noted the driveway is currently approximately 35 feet wide
and he expressed some concern Hennepin County may not approve a driveway of this width.
Commissioner Borkon questioned whether there is a need to accommodate an area for discarded
statuaries and things of this nature. Mr. Aske did not feel such an area would be necessary, noting
all of this debris which had been on the site has been discarded. '
Commissioner Kolstad asked whether there would be a problem with trees in the eastern setback
area. Nielsen stated if there were a 6-foot wooden type fence to screen the materials, this may be
acceptable. The materials which are placed in this area could not be higher than the fence.
Commissioner Kolstad felt the applicant should be required to maintain shrubbery and trees around
the eastern and southern perimeters which would provide a screen between the site and the adjacent
residences.
Commissioner Lizee inquired how stormwater runoff will be accommodated. Nielsen explained
the runoff will come down the driveway and will go into the existing pond.
Commissioner Lizee questioned where the overflow parking is located. Nielsen stated there is
room for a single car to park along the display area. The code requires 16 spaces and there are
currently 19 on the site without the overflow space.
Commissioner Lizee asked whether this will be a holding or growing type of greenhouse. Mr.
Aske stated it is a holding type greenhouse. Commissioner Lizee inquired relative to water
recirculation for the greenhouse and whether pesticides and fertilizers are used on the premises.
Mr. Aske explained at this time, everything is watered by hand. He stated well water is primarily
used with some fungicide which was used on the roses. Mr. Dennis Pipkorn commented there
will be no bulk storage of pesticides or fertilizers on the site.
Commissioner Borkon raised the issue of water run off after fertilization. Nielsen suggested
Engineer Brown review the issue of drainage and report back to the Commission.
Commissioner Champa felt car traffic from Wood Duck would be acceptable, however, he did not
feel trucks should be allowed through this access.
PLANNING COMMISSION MINUTES
DECEMBER 2, 1997 . PAGE 3
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Commissioner Borkon inquired whether fertilizers are utilized on the site. Mr. Aske stated there
are no fertilizers used other than on the roses. He stated the only fertilizers which will be sold on
the site will be Miracle Grow and spray bottles of insecticide.
Commissioner Turgeon expressed concern relative to what types of materials would be allowed to
be stored in the setback area. In addition, she inquired whether the applicants have obtained the
approval of the owner of the property relative to this request. Mr. Pipkorn noted this has not yet
been obtained.
Commissioner Turgeon stated she would like to see the necessary approvals from the property
owner, MNDOT, the City Engineer, in addition to hardcover calculations relative to this request.
Chair Pisula commended the applicants for the effort they have put into their proposal.
Commissioner Borkon noted there are concerns relative to hard surface cover, drainage, ingress
and egress as well as the owner's approval. She suggested tabling this matter to allow the
applicant an opportunity to address these issues at the next meeting of the Planning Commission.
. Council Liaison O'Neill felt it would be helpful to obtain further information relative to the
greenhouse as well. Commissioner Borkon noted her agreement.
Borkon moved, Turgeon seconded tabling consideration of the C. U.P. for
Shorewood Nursery Renovation for Brian Pipkorn, Akorn Services, Inc., 23505
Smithtown Road, to the January 6, 1998, meeting of the Planning Commission.
Motion passed 6/0.
2. PUBLIC HEARING - PRELIMINARY PLAT - MARY LAKE WOODS
Applicant: James Wyman
Location: 24020 Yellowstone Trail
.
Mr. Wyman was in attendance. He thanked Planning Director Nielsen and staff for their assistance
in this matter. Mr. Wyman explained he and his wife intend to occupy the existing home on Lot 7.
As a result, Mr. and Mrs. Wyman have a strong vested interest in the quality of the development.
Jim Orr, Schoell & Madson, Inc., was in attendance. He comniented on the requirement for a
gravel drive in the area of the NURP pond basin. Mr. Orr did not feel there to be a need for access
to be provided to the NURP basin. He felt the remaining concerns raised by staff could be
addressed and resolved.
l.,
Chair Pisula opened the public hearing at 8:31 p.m.
Jim Hamstra, 23930 Yellowstone Trail, expressed concern relative to the water level of the lake
and felt the well needs to be maintained. Mr. Hamstra offered to provide information to Engineer
Brown relative to the high and low water marks of the lake.
John Legler, 5955 Country Oub Road, expressed concern relative to the access which is proposed
for the southerly edge of his property line. He would like to ensure the existing seclusion and
wooded feel of the property is maintained. Mr. Legler felt if a green space of 70 feet could be
maintained between his property line and the edge of the road, this would provide ample space for
him to address the issue of screenage. Mr. Legler asked the Commission to take into consideration
this development will impinge on the secluded nature of his own lot. He noted a number of trees
CITY OF SHOREWOOD
RESOLUTION NO.
A RESOLUTION GRANTING A CONDITIONAL USE PERMIT
FOR BA YSIDE FINANCIAL CORPORATION
.
WHEREAS, Bayside Financial Corporation (Applicant) has an interest in the real
property located at 23780 State Highway 7 in the City of Shorewood, County of Hennepin, State
of Minnesota, legally described on Exhibit A, attached; and
WHEREAS, the Applicants propose to remodel the existing building on the subject
property into a retail bank with a drive-in teller facility; and
WHEREAS, the Applicants have applied for a conditional use permit, pursuant to Section
1201.21 Subd. 4.a. of the Shorewood City Code; and
WHEREAS, Applicants' request was reviewed by the City Planner, and his
recommendations were duly set forth in a memorandum to the Planning Commission and City
Council, dated 28 May 1997, 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 June 1997, the minutes of
which meeting are on file at City Hall; and
WHEREAS, Applicant's request for conditional use permit was considered by the City
Council at their regular meeting on 24 November 1997, at which time the Planner's memoranda
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:
FINDINGS OF FACT
, .
1. That the Subject Property is located in a C-3, General C~mmercial zoning district.
2. That the existing building on the property was originally approved and constructed
as a retail bank with drive-in teller facility.
3 . That the building has been converted into an office building, and the Applicant
proposes to convert it back to its original use as a bank.
4. That the Applicant's property contains approximately 10,042 square feet of area, in
addition to which the easterly driveway and portions of the parking lot for the site are located on
easements over adjoining land. .
5 . That the easements mentioned in 4. above expired at the time the original bank
building was converted to office use.
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That the Applicant proposes to obtairi a lease over the previous easement areas in
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.
order to maintain the existing parking and circulation on the site.
7. That the Applicant proposes that the conditional use permit would expire upon
expiration of any new lease agreement for the driveway and parking area.
CONCLUSIONS
1 . That based upon the foregoing, the City Council hereby grants the Applicant's
request for a conditional use permit subject to the following:
a. Prior to occupying the subject property as a bank, the Applicant shall enter into a
lease agreement with the adjoining property owner for use of the easterly driveway
and parking area on the site, as shown on Exhibit B, attached hereto and made a
part hereof.
b. That the lease agreement shall be subject to review and approval by the City
Attorney.
c.
That the conditional use permit shall expire upon termination of the lease agreement
referenced in a. and b. above.
d. That upon expiration of the conditional use permit the Applicant shall immediately
cease using the property as a bank with drive-in teller facility.'
4. That the City 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 26th
day of January 1997. .
Tom Dahlberg, Mayor
ATTEST:
"
James C. Hurm, City Administrator/Clerk
-2-
.
.
Legal pescription
"All that part of Lots 13 and 15, Linden Park. Hennepin Co., Minn., and that part ofWoodmff
Avenue vacated, described as follows: Commencing at a point on the west line of said Lot 13,
Linden park. Hennepin Co., MN, which point is located 19.24 feet north. of the most .
Southerly comer of said Lot 13, measured along its said west line; thence south along said
west lie and the. southerly extension thereof a distance of 100 feet, more or less, to the north
right-of-way line of State Highway No.7; thence easterly along said north right-of-way line a
distance of 100 feet to a point; thence northwesterly along a line parallel to and 100 feet distant
from said first descn1Jed line, a distance of 100 feet, to a point; thence westerly to the point of
beginning. AND . .
. An easement for vebicular access over the South fifty (SO) feet of the West one-half (112) of
, .Woodmff Avenue as vacated, all in Linden Park."
. P1.N. 34-117-23-33-0021
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CITY OF
~SHOREWOOD
/.---
----~ ~/'
5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927;' (612) 474-3236
FAX (612) 474-0128 eWW\'i.state.netlshorewood. cityhall@sh~~wood.state.net
'-
, MEMORANDUM
. TO:
Mayor and City Council
.'.
FROM:-
...
Brad'Nielsen
- DATE:
22January 1998
RE:.
,-
Water'sEdgeP.U.D. - Agenda Item No. 6.C. .
-'
(;
A memo providing background information, the Resolutign, Developmenf.t\greement, and,
grading plan willpe forwarded under separate cover pnor to the meeting.
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CITY OF
SHOREWOOD
5755 COUNTRY CLUB, ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (612) 474-3236
FAX (612)474-0128. www.state.netlshorewood · cityhal\@shorewood.state.net
MEMORANDUM
TO:
, ,Planning Commission, Mayor and City Council
.
FROM:
Brad Nielsen "
DATE:
30 December 1997
RE:
Bruce, James - Conditional Use Permit for Special Home
Occupation
FILE NO.:
405 (97.36)
BACKGROUND
.
Mr. James Bruce intends to conduct his residential contracting business from his home at
5755 Merry Lane (see Site- Location map - Exhibit A, attached). Since Mr.-Bruce
proposes to employ one person who does not live on the premises, he has requested a
conditional use permit, pursuant to Section 1201.03 Subd. 12 of the City Code.
The property is zonedR-IA1S, Single-Family ResidentiallShoreland and contains
approximately three quarters of an acre. It is bounded by Christmas Lake on the east,
single-family residential homes on the south and west, and the Merry Lane boat access on
the north. Access to the site consis!s of a common driveway which extends from the
. south end-of Merry Lane and serves one other home south of the applicant's. Exhibit B
shows how the house and common driveway are situated on the propertY:
It should be noted that Mr. Bruce is currently building an addition which will connect the
west side of the house to an existing garage. His office will occupy an existing 13', x 24'
space in the basement of the house. It is our understanding that the employee will
perform clerical and office duties related to the applicant's contracting business.
n
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6])
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Memo Re: Bruce C.D.P.
30 December 1997
ISSUES AND ANALYSIS
Shorewood's Zoning Code provides for two different classifications of home occupation,
limited and special. The limited home occupation permit is handled administratively and
is intended for very low key businesses, conducted entirely within the principal dwelling
and only by residents of the property. Special home occupations maybe conducted
'within an accessory building and allow one employee who does not reside on the
premises to work at the Site. Since the, special home occupation has the potential fora
higher level of activity, it requires the increased scrutiny of a conditional use permit.
f
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I'he requirements for a home occupation permit are addressed ina questionnaire which
must by completed by the applicant (see Exhibit C). As mentioned earlier in this report,
the business will be conducte~ entirely within the existing basement of the hou,~e. - The
only thing triggering a conditional use permit in this case is the outside employee.. In this
regard, one of~e primary considerations in evaluating the C.U.P. is the availability of
off-street parking. An existing paved driveway on the north side of the house will easily
accommodate the employee's vehicle and that of the occasional client visiting the site.
In making its recommendation to the City Council, the Planning Commission should also
consider the general requirements for conditional use permits found in Section 1201.04,
Subd. I.d.(1) and Subd. 3.a. of the City Code. Based upon the applicant's respons,es to
_ the home occupation questionnaire, the proposed home occupation is considered to be
compatible with the residential area in which it will be located.
RECOMMENDATION
. '
Upon review of the applicable City Codesaud the applicant's proposed use of the
property; it is recommended that the conditional use permit be granted. The findings of
-~, fact approving his request should focus. on the activities ~hich will not occur on the
prop~11y as much as tho~e which will take place. that is, no outside storage of building
mate~als, no storage of large construction vehicles (e.g. skid-Steer loaders, trailers, dUIllP
- trucks, etc.) no signage and no construction crews meeting on the site. The City may also
wish to impose a condition that the co~drtional use permit is limited to this owner only.
Any future own~r o(the site wishing to conduct a home occupation would have to. -
reapply.
cc: Jim Hurm
John Dean
Larry Brown~
Jim Bruce
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Exhibit A
SITE LOCATION
Bruce ~ Special home occupation permit
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r 77- /.S"'~I" Certificate of Survey
~n Lots 190 and 191, Aud. Sub. No.
Hennepin County, Minnesota
for Bruce Canpanies
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Exhibit B
APPLICANT'S SITE PLAN
: hereby certify that this is a true and correct representation of i
IIld '!hat part of Lot 191, which lies Southerly of the following des!
x:>mer of Section 35, Township 117, Range 23, Hennepin County, Minn
ce of 103.00 feet; thence Southwesterl
I
!
Hom OCCUPATION QUESTIONNAIRE
1. What amount of light glare, noise, odor or vibration might the home occupation
produce? NONE
2. What, if any, type of equipment will be used in the home occupation?
OFFICE EQUIPMENT ONLY
3. What percentage of your house will be used for the home occupation?
14%
. 4.
Will any internal or external alteration or construction of the house be required as a
result of the home occupation?
NO
5. Where will equipment or materials used in the home occupation be stored?
N/A
6. Is there any signage planned for the home occupation?
NO
7.
What are the hours of operation'}
8:30-- 4:30
.
8.
Where will parking of vehicles in conjunction with the home occupation be provided
for on the premises? (attached copy of site plan or survey)
IN EXISTING DRIVEWAY
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9.
How many outside employees will there be on the premises? One
,~
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10. Will the home occupation require the use of any accessory buildings on the premises?
No
11. How many clientele will there be on the premises at any given time?
Only occasionally - about one every two weeks
1/9:2
Exhibit C
HOME OCCUPATION QUESTIONNAIRE
Completed by applicant
...---:' 't
ANIMAL CONTROL CONTRACT
This agreement made this _ day of , 1998, by and between the City of Orono,
hereinafter referred to as "ORONO"; and the City of SHOREWOOD, hereinafter referred to as
SHOREWOOD, witnesseth:
In consideration of the covenants and agreements hereinafter set forth, it is mutually agreed by and
between the parties hereto as follows:
1. This agreement shall be effective as of February 1, 1998, and shall continue in effect until
December 31, 1998, unless cancelled pursuant to this agreement.
.
2. ORONO agrees to patrol the public streets of SHOREWOOD, in accordance with a schedule
provided by ORONO, agreed upon by SHOREWOOD. If necessary, ORONO agrees to
transport animals as it deems appropriate. ORONO will, at the completion of each regular
patrol or as soon as reasonably pos~ible, in the City of SHOREWOOD, give a written
statement to the South Lake Minnetonka Public Safety Department setting forth a description
of all animals impounded including breed, color, weight, name of owner, name of animal, if
known, and point of collection by the patrol officer. ORONO will also attempt to notify South
Lake Minnetonka Public Safety Department prior to impounding any animal.
3. ORONO agrees to provide personnel and equipment to provide animal control services. Said
employees shall perform their duties in proper attire, utilizing a marked Orono Public Safety
vehicle whenever available. These employees shall be in uniform or have City of Orono
identification.
.
4. SHOREWOOD shall authorize ORONO to apprehend and retain domestic animals and/or
issue citations or warnings for violations of city ordinances. Wild animals shall only be dealt
with pursuant to ORONO'S policy regarding wild animals if the animal is presenting dangers
of personal injury or significant property damage. However, ORONO shall not invade private
property contrary to the wishes of the owner of said property, nor forcibly take an animal from
any person without the approval and assistance. of a peace officer having jurisdiction in that
city.
5. ORONO agrees to patrol the public streets of SHOREWOOD and respond to animal control
calls in SHOREWOOD. Orono shall also conduct annual kennel and stable inspections. These
shall be scheduled during regular patrol hours in Shorewood.
6. In addition to regular patrol, ORONO agrees to respond to "emergency call-outs" from
SHOREWOOD. ORONO will have an officer scheduled to respond to such call-outs.
ORONO shall respond at the earliest opportunity to such requests, including bite cases or
1
:J:t.'7A.
ANIMAL CONTROL CONTRACT Continued
injured animals, as deemed appropriate by ORONO. There may be occasions when an animal
control officer will not be immediately available, in which event the response will occur at the
earliest opportunity.
An "emergency call-out" is defined as a specific request for animal control service during times
that an officer is not on duty. If an Orono Animal Control Officer is on duty, even though not
patrolling in SHOREWOOD, said officer will respond. If deemed appropriate by the Orono
officer on call, a situation may be dealt with over the phone.
.
ORONO agrees to coordinate services with the Paws, Claws, and H9oves, 10500 Great Plains
Boulevard, Chaska, MN, 55318, which will serve as the impound facility, as long as this
arrangement is agreeable with Paws, Claws and Hooves. SHOREWOOD agrees to be billed
directly by Paws, Claws and Hooves, and to pay for impound, boarding, euthanasia, disposal,
or any other veterinary fee as charged by the impound facility. The Animal Control Officer
will review these bills to determine if the charges appear proper.
7.
ORONO shall furnish monthly reports to SHOREWOOD reflecting the charges for animal
control services, which each city agrees to pay ORONO within 30 days of being billed.
8.
When an animal is impounded pursuant to this animal control contract, said animal shall be
held in accordance with Minnesota Statute 35.71. In the event that an impounded animal is
unclaimed, the animal becomes the sole responsibility of Paws, Claws and Hooves to be
placed or disposed of at their discretion.
9. ORONO shall maintain reports on Orono forms, or utilize specific forms as requested by
SHOREWOOD. A monthly report of activity, including number of hours by activity, shall be
provided to SHOREWOOD.
.
10. The City of ORONO will indemnify and hold harmless SHOREWOOD for claims, suits,
actions, damages and loss ari~ing out of the negligence or misconduct of the City of ORONO
in conjunction with this agreement.
11. SHOREWOOD agrees to pay ORONO for services in the performance of this contract,
pursuant to Paragraph 15 of this contract, as follows:
A) Annual Fee for patrol and emergency pick-ups
(based on eleven month term) . . . . . . . . . . . . . . . . . . . . . . .$14,804.00
B) Price per deceased animal disposed of by the City
of ORONO (does not include deer). . . . . . . . . . . . . . . . . . . . . .$35.00
2
ANIMAL CONTROL CONTRACT Continued.
C) It is agreed that if the designated boarding facility or euthanasia/disposal service is
unavailable, SHOREWOOD shall authorize ORONO to obtain these services elsewhere,
and SHOREWOOD shall pay ORONO the rates of the alternative facility.
12. SHOREWOOD shall pay any veterinary bill incurred for unclaimed anilnals impounded from
SHOREWOOD. Owners claiming their animals shall be charged the veterinary bill in its
entirety, including impound fees.
13. All payments shall be made by SHOREWOOD upon receipt of monthly statements from
ORONO within 30 days.
..
14. Because this is a joint effort involving the cities of SHOREWOOD, EXCELSIOR, TONKA
BA Y, GREENWOOD and ORONO, it is agreed upon that any modifications to, or
withdrawals from this contract shall require the written authority of each party.
SHOREWOOD agrees that in the event that one or more parties seek such change, including
withdrawing from the contract, said party (or parties) shall remain obligated to pay their agreed
upon annual fee in monthly installments, unless otherwise agreed to by all parties pursuant to
this Paragraph, for the remainder of the year.
15. SHOREWOOD further agrees that the fee reflected in this contract is in effect only for the
calendar year 1998.
16. Under no circumstances shall ORONO be obligated to respond to any request for assistance,
or to patrol when, in the sole discretion of the Orono Police Chief or his duly authorized agent,
anyone of the following conditions exist: (1) when necessary personnel and/or equipment are
engaged elsewhere, (2) when road or weather conditions constitute a hazard, (3) when
providing assistance would expose any person to unreasonable risks.
.
17. The time and manner in which service is rendered, the standard of performance and the control
of personnel employed to render such service shall be determined by ORONO. ORONO
reserves the right to alter scheduling should conflicts arise (i.e. CSO schooling, illness,
vacation, etc.). .
18. This agreement will be reopened on May 1, 1998 if the impound activity level is 50% greater
than the anticipated level based on an average of 60 impounds per year for the participating
cities.
r
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4.
011698.3
3
.
.-
ANIMAL CONTROL CONTRACT Continued
CITY OF SHOREWOOD
Its Mayor
Its City Administrator
.
CITY OF ORONO
Its Mayor
Its City Administrator
4
ANIMAL CONTROL IMPOUND CONTRACT
This contract represents an agreement between City of Shorewood (City) and Paws, Claws and Hooves (PCH)
pet boarding to provide animals impound services for stray dogs.
Impound service will be provided 24 hours daily. Normal business hours (seven (7) days a week except
Holidays) are Monday through Saturday 9:00 a.m. to 12:00 p.m. and 3:00 p.m. to 6:00 p.m. and Sunday 1:00
p.m. to 4:00 p.m. After hours animal& may be installed in the POLICE KENNELS on the SOUTHEAST side of
the building and all paperwork deposited in the mailbox attached to the building. ANIMALS Wll..L BE
IMPOUNDED ONLY BY UN AUTHORIZED REPRESENTATIVE.
The stray animal must be transported by an official to the impound facility, PCH, 10500 Great Plains Boulevard,
Chanhassen, located at Highway intersections 212, 169 and 101, entrance on North 10l.
Animals impounded will be held for five working days, excluding the first day, as required by Statute 35.71, and
if not claimed by the owner, will become the property of PCH, to be adopted into a new home or euthanized at its
discretion. Every attempt will be made by the City to locate the owner(s) of stray pets. Known owners of
unclaimed pets will be reported to the City for possible fee collection.
If the animal is claimed by the owner, the owner will pay all boarding costs. With prior authorization, PCH may
. collect fines for the City during hours when the City is not open for business. Fines or license fees collected by
PCH will be paid to the City involved. PCH shall keep all boarding fees.
The monthly service rate assigned to Shorewood is $57.00, Excelsior is $23.00, Tonka Bay is $17.00, and
Greenwood is $3.00 and may be paid in advance. Impounding fees for unclaimed animals will be billed monthly
at the following rates:
Domestic Animals
$20.00 per day
Additional services when required due to space needs:
Distemper
Rabies
$36.00
$24.00
Bordetella
Flea Bath
$24.00
$25.00
.
Euthanasia/disposal fee = $70.00 per animal. If the Humane Society accepts to place in home $40.00 per animal.
All fees charged are subject to applicable tax.
. Unclaimed animals become the property of PCH. If an animal is not considered adoptable (age, condition,
illness, temperament, etc.) PCH will euthanize by lethal injection by a Veterinarian. On the rare occasion that an
injured or terminally ill animal is impounded, PCH will determine, with the help of a Veterinarian, what is best
for the animal. If the animal is suffering it may be euthanized immediately and the euthanasia and disposal fees
will be charged to the owner, if know, or the City.
This contract runs from January 1, 1998 to December 31, 1998 and may be reinstated on an annual basis. This
contract may be terminated by either party upon sixty (60) days written notice prior to contract terminating.
CITY OF SHOREWOOD
PAWS, CLAWS & HOOVES
;:
f
i
Its Mayor
Its Owner
Its City Administrator
Its Owner
:1=1-781
. -::;:?opos, LUor-1<- ~~LOns, - )(
-
1998
January February March April
s M T W T F S S M T W T F S S M T W T F S S M T W T F S
1 2 3 1 >< 3 4 5 6 7 1 )( 3 4 5 6 7 1 2 3 4
4 5 6 7 8 9 10 8 9 10 11 12 13 14 8 9 10 11 12 13 14 5 X 7 8 9 10 11
11 12 13 14 15 16 17 15 16 17 18 19 20 21 15 X 17 18 19 20 21 12 13 14 15 16 17 18
18 19 20 21 22 23 24 22 23 X 25 26 27 28 22 23 24 25 26 27 28 19 ~ 21 22 23 24 25
25 26 27 28 29 30 31 29 )( 31 26 27 28 29 30
11:>
May June July August
s M T W T F S S M T W T F S S M T W T F S S M T W T F S
1 2 X 2 3 4 5 6 1 2 3 4 1
3 X 5 6 7 8 9 7 8 9 10 11 12 13 5 6 7 8 9 10 11 2 3 4 5 6 7 8
10 11 12 13 14 15 16 14 )( 16 17 18 19 20 12 13 14 15 16 17 18 9 10 11 12 13 14 15
17 J( 19 20 21 22 23 21 22 23 24 25 26 27 19 20 21 22 23 24 25 16 17 18 19 20 21 22
24 25 26 27 28 29 30 28 29 30 26 27 28 29 30 31 23 24 25 26 27 28 29
31 30 31
September October November December
s M T W T F S S M T W T F S S M T W T F S S M T W T F S
1 2 3 4 5 1 2 3 1 2 3 4 5 6 7 1 2 3 4 5
6 7 8 9 10 11 12 4 5 6 7 8 9 10 8 9 10 11 12 13 14 6 7 8 9 10 11 12
13 14 15 16 17 18 19 11 12 13 14 15 16 17 15 16 17 18 19 20 21 13 14 15 16 17 18 19
20 21 22 23 24 25 26 18 19 20 21 22 23 24 22 23 24 25 26 27 28 20 21 22 23 24 25 26
27 28 29 30 25 26 27 28 29 30 31 29 30 27 28 29 30 31
*~6
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22288
22289
22290
22291
22292
22293
22294
22295
22296
22297
22298
22299
22300
22301
22302
22303
22304
22305
22306
22307
22308
22309
22310
22311
22312
22313
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22315
22316
22317
22318
22319
22320
22321
22322
22323
22324
22325
22326
22327
22328
22329
.
CHECK APPROVAL LISTING FOR JANUARY 26, 1998 COUNCIL MEETING
CHECKS ISSUED SINCE JANUARY 14,1998
TO WHOM ISSUED PlJRFOSE
BROWNING FERRIS IND. JAN RECYCLlNG-TB L1Q
METRO COUNCIL ENVIRONMENT DECEMBER SAC
MINNCOMM PAGING PAGER
MN STATE TREASURER 4TH QTR BLDG. PERMIT SURCHAR<:
MN POLLUTION CONTROL COLL SYSTEM OPER. SEMINAR
THERESA NAAB SEC 125 REIMB
PEPSI COLA COMPANY MISC PURCHASE
PETTY CASH PETTY CASH REIMB.
ALAN ROLEK MILEAGE/EXP.
STATE BOARD OF ELECTRICITY ELECTRICAL INSP. FORMS
US WEST UTILITIES
WASTE MANAGEMENT JAN WASTE REMOVAL-TB L1Q
RALPH WEHLE BOOT REIMB.
MIDWEST COCA-COLA MISC PURCHASES
DAHLHEIMER DIST BEER PURCHASES
DAY DISTRIBUTING BEERtMISC PURCHASES
JORDAN BEVERAGE, INC BEER PURCHASES
MARK VII BEERtMISC PURCHASES
MARLIN'S TRUCKING FRBGHT
NORTH STAR ICE MISC PURCHASES
QUALITY WINE & SPIRITS L1QUORIWINE PURCHASES
THORPE DISTRIBUTING BEERtMISC PURCHASES
PERA PERA
ICMA RETIREMENT TRUST 457 DEFERREDOOMP
CITY COUNTY CREDIT UNION PAYROLL DEDUCTIONS
ANOKA CO SUPPORT/COLLECT CHILD SUPPORT -C. SCHMID
MN DEPT OF REVENUE STATE TAX WITHHELD '
KATHLEEN HEBERT SEC 125 REIMB
PATRICIA HELGESEN COMPUTER SOFfWARE
BRADLEY NIELSEN SEC 125 REIMB
NORTHERN STATES POWER UTILITIES
JOSEPH PAZANDAK MILEAGE
SENSIBLE LAND USE COALITION 98 MEMBERSHIP/SEMINAR
BELLBOY CORPORATION UQUOR PURCHASES
BELLBOY BAR SUPPLY MISC'SUPPL Y PURCHASES
GRIGGS, COOPER & CO. L1QUORIWINElMISC PURCHASES
JOHNSON BROS. LIQUOR CO. L1QUORIWIN8BEER PURCHASES
LAKE REGION VENDING MlSC PURCHASES
MARLlN'S TRUCKING FR8GHT
PAUSTlS WINE CO. WlN8BEER PURCHASES
PHIWPS WINE & SPIRITS WINE PURCHASES
THE WINE COMPANY WINE PURCHASES
AMOUNT
$33.66
8,464.50
8.47
2,902.41
450.00
301.06
161.80
11.11
83.87
50.00
216.09
34.19
150.00
957.20
1,203.30
7,738.65
73.60
9,909.60
112.00
103.56
343.03
31,317.95
3,050.08
1,261.07
929.00
156.50
1,775.07
192.30
106.49
70.00
5,684.12
74.21
150.00
5,593.66
221.02
4,851.24
2,530.43
1,327.70
36.00
285.64
955.71
$710.45
TOTAL CHECKS ISSUED
Page 1
....
CITY OF SHOREWOOD
CHECK APPROVAL LIST FOR
JAN. 26. 1998 COUNCIL MTG
CHECKW VENDOR NAME DESCRIPTION DEPT. AMOUNT
~------- ---.---------------------- ------------------------ -------- -----------
223~1()
ABDO. ABDO. AND EICK
AUDI T SER\/ICES
AUDIT SERVICES
AUDI T SERV'ICES
AUDIT SERVICES
AUD 1 T SERv'I CES
AUDIT SERVICES
FOR ABDO. ABDO.
AND EICK
;+:::;<:;(< TOTAL
22331 ANCHOR PAPER COMPANY
coPy PAPER
22332 ASSOC. OF METRO MUNIC
98 DUES
~:;-"'!l'~ .~ ..'"
~..t:.::;,,::,,)
BUSINESS HEALTH SERVICES
PHYSICAL-TWILA GROUT
.334 CAF-~GILL SALT DIVISION
SALT
22335 COLLINS ELECTRICAL SYSTEM REPLACE SIGNAL LT LAMP
22336 CROSSTOWN-OCS. INC.
COFFEE
22337 DEPUTY REGISTRAR W59
LICENSE f~;ENE 1.^.Ir;L
22338 DJ"S MUNICIPAL SUPPLY INC SHOP SUPPLIES
22339 ERICKSON. ROLF E.A. ASSESSOR FEE
ASSESSOR SUPPLIES
*::<<::<< TOTAL FOR ERICKSON. ROLF E.A.
::<<::<<::<<
QTF-~L Y DUES
LUNCHES
TOTAL FOR EXCELSIOR ROTARY CLU
22340 EXCELSIOR ROTARY CLUB
.
22341 FEED-RITE CONTROLS. INC.
CONTAINER RENTAL
9()().. (){J
PF-;OF SEF~
1/..IATEf~: DE
SE'/.JER DE
L.IQUOR
LIQUOF;
LIQUOR
l2() M ()(J
120.00
.120 . r.JO
120.00
120.00
l ., S{JCI .. elf)
GEN GOVT
498.04
COUNCIL.
2.135.()0
GEN GOVT
51.5C'
SNO'...I & 1
2~O:~S..2~5
T f.;AF CON
79.73
j"lUN BL.DG
101.97
CI TY GAf';
2(J2.. .:t()
CITY GAR
34.08
PF-~or.:: SEH 4.025. O()
PROF SER 64.92
4.089.92
ADI'll N
ADMIN
40.00
90.00
130.00
\^JATEF.~ DE
60.00
22342 GOPHER STATE ONE~CALL, IN ONE CALL SERVICE WATER DE 0.87
ONE CALL SERVICE SEWER DE 0.88
::<<;+:::<< TOTAL FOR GOPHER STATE ONE-CAL 1.75
22343 GOVEf:'~NING
SUBSCRIPTION RENEWAL.
22344 GOVT FINANCE OFCRS ASSOC PUBL.IC INV. NEWSLETTER
22345 HA1-1L.INE UNIVERSI TY
T U 1 T ION-HUf:';i"l
22346 DOCUi"lENT RESOURCES UT IL.I TY BIL.L.S
UTIL.ITY BILLS
::<<;+:;j( TOTAL. FOR DOCUMENT RESOUf;:CES
22347 HOPKINS PARTS COMPANY
EQUIP i"IAINT
22348 INTERNATIONAL INSTITUTE
i'1Er-1BEF~SHIP FEE'-Nf~AB
22349 JAY BR()'I'Hf~f~S~
.l r.le. ,.
P....... fI;4....SHADY
I SLr;~i".lD EP I DG
Page 2
FINANCE
15.00
FINANCE
55.00
ADi"ll N
310.00
WATER DE 211.02
SEWER DE 422.04
633.06
CITY GAR
39.38
GEN GOVT
8{", {'Of"''''
.3,1,~ 1..q.fs;. 2.1
CITY OF SHOREWOOD
(~ECK APPROVAL LIST FOR
JAN. 26. 1998 COUNCIL MTG
CHECKW VENDOR NAME DESCRIPTION DEPT. AMOUNT
-------- ------.-----.-------------- ------------------------ -------- -----------
22350 LADEN'S BUSINESS MACHINES MAINT CONTRACT-FOLDING
MUN BLDG
22351 LK MTKA CONSERV. DISTRICT 1ST QTR LMCD BUDGET
COUNCIL
22352 LARKIN. HOFFMAN, DAL.Y... JOHNSON LEGAL
PROF SER
22353 M C I TELECOMMUNICATIONS LONG DISTANCE
MUN BLDG
22354 MARTIN, JAMES A. COMPUTER CONSUL.TING
1-1UN BLDG
22355 MN CITY/CTY MGMT ASSN
ADi"llN
SE11INAR
.3,56 i"lAi'"lA
98 MEMBERSHIP-HURM
98 MEMBERSHIP-HURM
;+:;+:*TOTAL FOR MAMA
ADi'"lIN
ADMIN
1"75.00
4.888.98
569.12
93.40
903.60
135.0()
() ...CI()
45.00
45. ()O
22357 METRO COUNCIL ENVIRONMENT FEB SEWER TREATMENT
SEWER DE 29.374.58
22358 OFFICE DEPOT
OFFICE SUPPLIES
GEN GOVT
4 ol 5 .. ~f()
22359 AT&T WIRELESS SERVICES AIRTIME
AIPTIME
AIRT Il1E
AIRTIME
*** TOTAL FOR AT&T
SEWER DE 11.31
ENGINEEP 24.89
PROT INS 24.89
PL.ANNING 92.41
WIRELESS SERVIC 1,53.,50
22360 MINNESOTA GFOA
MEMBERSHIPRENEWAL-ROLEK FINANCE
30.00
22361 MN SUN PUBLICATIONS
LEGAL NOTICES
LEGAL NOTICES
TOTAL FOR MNSUN PUBLICATIONS
-------- "73.20
GEN GOVT 111.60
184.80
.
;+:;+: *
22362 MINNETONKA COMMUNITY
97 COf'li'"lUNI TY ED
PAJ:.~KS &
2.090.00
22363 MUNITECH, INC. FEB WATER MAINT
FEB SEWER i"lAINT
*** TOTAL FOR MUNITECH. INC.
Wf:lTER DE. 4.485.00
SEWER DE 2.415.00
6.900.00
22364 NAVARRE TRUE VALUE
SHOP SUPPLIES
ICE i"lEL T
i,I.!/H SUPPLIES
W/H SUpPLIES
FOR NAVARRE TPUE
CITY GAR
MUN BLDG
PARKS &
PARKS &
;+:** TOTAL
VAL.UE
22365 NORWEST INVESTMENT SVS IN SR CTRPRJ-PMT W3
CAPITAL
22366 POTTS. KENNETH N.
DEC PROSECUTIONS
Pf:';OF SEH
56.88
23.40
3.81
11.3"7
95.46
18.771.97
1.508.33
,')',).., , ...
~",-':;'bi
SENIOR COMMUNITY SERVICES DEC JANITORIAL
DEC RINK SUPR.
*** TOTAL FOR SENIOR COMMUNITY SER
MUN BL.DG 230.00
PARKS & 250.00
480.00
Pa e 3
POLICE P 39~231~
22368 S(~J ~__K lVl!Kf4 PfJ8 SAFE"!"Y DEP ~-~H GUDGEl'
CITY OF SHOREWOOD
CHECK f~PPRO"""AL LIST FOR
JAN. 26. 1998 COUNCIL MTG
CHECK~ VENDOF<: NA1-1E DESCFHPT ION DEPT. Ai"10UNT
-------- ------------------------- ------------------------ -------- -----------
22369 TIME SAVER OFF SITE SEC COUNCIL MTG MINUTES GENGOVT /4.00
PLAN COMM MINUTES PLANNING 209.00
*** TOTAL FOR TIME SAVER OFF SITE 283.00
22370 TOLL GAS & WELDING
WELDING SUPPLIES
CITY GAR
113.68
223/1 TONKA BAY-CITY OF TB WATER PURCHASE
T8 SEWER SERVICE
TB LIQ UTILITIES
**:+: TOTAL FOF< TONKA BAY-CI TY OF
1,..1 A TER DE 289.92
SEWER DE 239.60
LIQUOH 93.81
623.33
22372 TONKA PRINTING CO.
STATIONARY
GEl'! GOVT
309.92
.313 TOTAL PRINT ING SEFNICES
22374 TWIN CITY WATER CLINIC
BLDG PERMIT CARDS
PROT INS
61.82
I,A,IATER TEST ING
I".IATER DE
20.00
***
tOTAL CHECKS FOR APPROVAL
150.184.11
:***
TOTAL CHECK APPROVAL LIST
245,370.85
.
Page 4
C H E C K REG I S T E R
CHECK CHECK E/1PLOYEE HAilE CHECK CHECK
TYPE DATE HUIlBER NUMBER AMOUNT
COil 1 20 98 110 CONNIE 0. BASTYR 212569 74.17
COI1 1 20 98 115 LAWRENCE A. BROWN 212570 2367:00
. COM 1 2098 160 PATRICE A. BLECHTA 212571 12.93
CO/1 1 20 98 325 ANGELA it COLE 212572 252.00
COil 1 20 98 350 THOIlAS A. DAHLBERG 212573 230.87
CO/1 1 20 98 500 CHARLES S. DAVIS 2125 i4 810.10
COil 1 20 98 775 JAllES C. EAUNS 212575 714.96
CO/1 1 20 98 800 BRYAN G. EVERETi 212576 36.01
CO/1 1 20 98 810 /1ICHAEl R. FIELDS 2125 ]] 113.06
CO/1 1 20 98 1050 ROBER T l. GAGNE 212578 90.50
CO/1 1 20 98 1100 JOHN J. GARFUNKEl 212579 184.70
COM 1 20 98 1145 A/1Y l. GRAHN 212580 67.00
COM 1 20 98 1160 nillA R. GROUT 212581 629. 79
CO/1 1 20 98 1190 KATHLEEN A. HEBERT 212582 679.05
CO/1 1 20 98 1400 PATRICIA R. HELGESEN 212583 510.60
.0/1 1 20 98 1410 PAllELA J. HELLING 212584 535.46
. 0/1 1 20 98 1430 KELLY ll. HENTGES 212585 233.01
CO/1 1 20 98 1550 JA/1ES C. HUR/1 212586 1785.67
CO/1 1 20 98 1575 TROY /1. IVES 212587 126.87
CO/1 1 20 98 1601 BRIAN D. JAKEL 212588 163.94
CO/1 120 98 1675 UROS JELICIC 212589 1]] .54
CO/1 1 20 98 1700 JEFFREY A. JENSEN 212590 1084.98
COM 1 20.98 1800 DENNIS D. JOHNSON 212591 903.33
CO/1 1 20 98 1840 PAUL H. JOHNSON 212592 161. 62
COM 1 20 98 2100 WILLIAll F. JOSEPHSON 212593 629.75
COil 1 20 98 2500 SUSAN II. UHf ERNER 212594 639.48
COM 1 20 98 2760 SARA E. LOTTIE 212595 138.73
. CO/1 1 20 98 2800 JOSEPH P. LUGOWSU 212596 998.56
COM 1 20 98 2805 JASON R. LUND 212597 383.83
COil 1 20 98 2900 RUSSELL R. IlARRON 212598 32.35
COil 1 20 98 2930 JENNIFER r. IlCCARTY 212599 182.85
.~ 1 20 98 3000 THERESA l. NAAB 212600 1544.37
1 20 98 3100 LAWRENCE A. NICCOli 212601 1151. 34
COil 1 20 98 3400 BRADLEY J. NIELSEN 212602 904.90 i.i
COil 1 20 98 3430 GERALD A. O'NEILL 212603 184.70
COil 1 20 98 3435 ANDREII C. OTTEN 212604 25.98
COil 1 20 98 3500 JOSEPH E. PAlANDAK 212605 2052.65
COil 1 20 98 3580 CHRISTOPHER J. POUNDER 212606 955.93
CO/1 1 20 98 3595 IlATTHEII C. RADDE 212607 235.06
COil 1 20 98 3600 DANIEL J. RANDALL 212608 1101.56
COil 1 20 98 3701 BRIAN Il. ROERICl 212609 17.32
COil 1 20 98 3710 DONALD J. ROGERS 212610 139.27
CO/1 1 20 98 3800 ALAN J. ROLEK 212611 1150.63 ~
COil 1 20 98 3815 IlICHAEL J. RUFFENACH 212612 227.44 !
COil 1 20 98 3825 JOHN E. SAYER 212613 17~. 95
CO/1 1 20 98 3850 TANYA II. SCHIERIlAN 212614 25.52
COil 1 20 98 3900 CHRISTOPHER E. SCHillO 212615 436.84
COI1 1 20 98 3910 R CONRAD SCHillO 212616 43.53
CO/1 1 20 98 4050 BERNARD J. SCHNURR 212617 118.76
CO/1 1 20 98 4200 BRENDA l. SIlITH 212618 203.68
COI1 1 20 98 4410 DAVID J. STEIIART 212619 217. 93
COil 1 20 98 4500 KRISTI STOVER 212620 184.70
COM 1 20 98 4575 REBECCA A. JARVIN 212621 133.28
COli 1 20 98 4750 RALPH A. IIEHLE 212622 716.33
Page 5
CHECK
TYPE
e.
e
CHECK EIlPLOYEE NAIlE
DATE NUIlBER
C H E C K REG I S T E R
COMPUTER CHECKS
I1ANUAL CHECKS
NOTICES OF DEPOSiT
UUTOTAlSUU
CHECK CHECK
HUMBER AMOUNT
26957.38
.00
.00
26957.38
I..
;
f
i
Page 6