121696 CC Reg AgP
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CITY OF SHOREWOOD
CITY COUNCIL REGULAR MEETING
MONDAY, DECEMBER 16, 1996
5755 COUNTRY CLUB ROAD
COUNCIL CHAMBERS
7:30 P.M.
The City Council will convene in Executive Session immediately following the regular
portion of the meeting to review the status of legal cases.
AGENDA
1 . CONVENE CITY COUNCIL MEETING
A. Roll Call
Benson
Shaw
McCarty _
Mayor Bean _
Stover
B. Review Agenda
2. APPROVAL OF MINUTES
A. City Council Regular Meeting Minutes November 25, 1996 (Att.42A
Minutes)
B. City Council Regular Meeting Minutes December 4, 1996 (Att-#2B
Minutes)
C. City Council Special Session Meeting Minutes December 4, 1996 (Att.-#2.C
Minutes)
D. City .Council Executive Sessions Meeting Minutes December 4. 1996 (Att.-
#2D Minutes)
3. CONSENT AGENDA. Motion to approve itemsoD Consent Agenda
& Adopt Resolutions Therein:
A. A Motion Authorizing the Purchase of Planning! Engineering Software
(Att.-#3A Staff Memorandum)
B. A Motion to Adopt a Resolution Approving 1997 Licenses for Refuse
Haulers (Att. -#3B Proposed Resolution)
C. A Motion to Adopt a Resolution Approving 1997 . Licenses for Tree
Trimmers (Att.-#3C Proposed Resolution)
D. A Motion to Adopt a Resolution Approving Manitou Woods Fmal Plat
(Att.-#3D Proposed Resolution)
E. A Motion to Adopt a Resolution Accepting Improvements of Waterford IV
(Att.-#3E Proposed Resolution)
Applicant: David Carlson Companies
Location: Waterford Twinhomes
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CITY COUNCIL AGENDA - DECEMBER 16, 1996
PAGE 2 OF 3
F. A Motion to Approve Extension of Deadline to Submit Final Plat - Ltu'son
Estates (Att.-#3F Letter of Request)
Applicant: Cad Zinn on Behalf of Stephen Larson
Location: 20435 Radisson Road
G. A Motion to Adopt a Resolution to Approve a Variance for Dock Use,
Length and Setback (Att.-#3G Proposed Resolution)
Applicant Bob Mellett
Location: 4435 Enchanted Drive
H. A Motion to Adopt a Resolution Approving a Variance to Shoreland District
Hardcover Requirements (Att.-#3H Proposed Resolution)
Applicant John Miller
Location: .21125 Minnetonka Blvd
I. A Motion to Approve a Contract for Maintenance of SE Well (Att.-#31
Proposed Contract)
J. A Motion to Adopt a Resolution Approving a Transfer of Funds (Att.-#3J
Proposed Resolution)
K. A Motion to Approve the City Administrator's Employment Contract (Att.-
#3K Proposed Agreement)
L. A Motion to Approve Amendment to Allowable Allocation Amount to
Section 125 - Employee Benefits (Att.-#3L Staff Memorandum)
M. A Motion to Approve a Sign Permit - Marsh Pointe (Att.#3M Planner's
Memorandum)
Applicant: Lundgren Bros. Construction
Location: Marsh Pointe (Smithtown Road)
4 . MATTERS FROM THE FLOOR (Presentations are limited to 3
minutes. No Council action will be taken.)
s.
REPORT OF FRIENDS OF THE SOUTHSHORE SENIOR
COMMUNITY CENTER
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Consideration of a Motion Approving Change Order Modifying Senior Community
Center Construction Contract Involving Construction Completion Date (Att.-#5
Contract Amendment)
6 . SW QUADRANT OF CHRISTMAS LAKE ROAD AND TH. 7
RIGHT-OF-WAY ACQUISITION
A. A Motion to Adopt a Resolution Accepting MNDOT's Proposal for Ri~
of-Way Acquisition (Att.-#6A Proposed Resolution)
B . A Motion Authorizing Mayor and City Administrator to Enter Into a Right-
of-Entry Agreement in Favor of MNDOT (Att.-#6B. Right-of-Entry
Agreement)
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CITY COUNCIL AGENDA - DECEMBER 16, 1996
PAGE 3 OF 3
7 . PARKS - Report by Representative
A. Report on November 26, 1996 Park Commission Meeting (Att.-#7A
Minutes)
B. Consideration of a Motion Approving the Naming of the Road Through
Freeman Park "Reutiman Lane"
8. PLANNING - Report by Representative
A. A Motion to Direct Staff to Prepare Findings of Fact Regarding an Appeal
Interpretation of City Code Related to Non-conforming Docks
Applicant: James Cabalka
Location: 58XX Christmas Lake Road
B. A Motion to Adopt a Resolution Approving a Simple Subdivision (Att.-#8B
Planner's Memorandum and Proposed Resolution)
Applicant: Richard Jensen
Location: 6020 Galpin Lake Road
C. A Motion to Direct Staff to Prepare Findings of Fact Regarding aVariance
to Temporarily Allow Two Houses on One Lot (Att.-#8C Proposed
Resolution)
Applicant: Stan Taube
Location: 27280 Edgewood Road and 5315 Howard's Point~ead
9. CONSIDERATION OF.A MOTION REGARDING REQUEST FOR
STREET LIGHTING - MARSH POINTE (Att.#9 Planner's Memorandum)
Applicant: Lundgren Bros. Construction
Location: Marsh Pointe (Smithtown Road)
10. CONSIDERATION OF A MOTION REGARDING' A SEWER
REFUND REQUEST - CHANDLER (Att.-#lO Planner's Memorandum)
11. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION
APPROVING THE 1997 BUDGETS AND APPROVING THE 199'
PROPERTY TAX LEVY COLLECTIBLE IN 1997 (Att.-#11 Proposed
Resolution)
12. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION
ESTABLISHING THE 1997 PAY SCALE (Att.-#12 Proposed Resolution)
13. ADMINISTRATOR & STAFF REPORTS
14. MAYOR & CITY COUNCIL REPORTS
15. ADJOURN SUBJECT TO APPROVAL OF CLAIMS (Att.-#15)
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331.8927 · (612) 474.3236
Executive Summary
Shorewood City Council Meeting
Monday, Decernber 16, 1996
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Reminder: Open House from 6:30 to 7 :30 p.m. honoring Mayor and Council
Members.
PLEASE NOTE THERE WILL BE AN EXECUTIVE SESSION FOLLOWING THE
REGULAR PORTION OF THE MEETING TO REVIEW STATUS OF LEGAL
CASES.
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Agenda Item 3A: The software (ARC Info) would be utilized by the Planning and Engineering
Departments. The motion would be to authorize the purchase of the software for an amount not to
exceed $3,300 from the 1996 budget. Funds would come from contingency-.
Agenda Item 3B: This annual resolution approves the annual licenses for refuse haulers for 1997.
Agenda Item 3C: The annual resolution approves licenses for tree trimmers for 1997.
Agenda Item 3D: Omega Development has submitted a [mal plat for the Manitou Woods
subdivision~ located on the west side of County Road 19, just. south of the Shore wood Place
Apartments. The plat results in two twinhome lots which would allow four dwelling units. The
proposed resolution includes several conditions of approval and a declaration of covenants,
conditions and restrictions for the development. Approval requires a majority vote by the City
Council.
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Agenda Item 3E: Resolution accepting public improvements for Waterford 4th Addition
Agenda Item 3F: Citing delays in title work, Carl Zinn requests an extension of the deadline for
submittal of the final plat for Larson Estates. The Planning Director recommends approval, with a
condition that the final plat be submitted no later than 24 June 1997.
Agenda Item 3G: Three residents have applied for a variance to share a common dock on
Enchanted Island rather than build three separate long docks. The LMCD has approved the request
and the Planning Commission voted unanimously to approve the variance subject to conditions. At
the 25 November 1996 Council meeting staff was directed to prepare findings of fact, which are
contained in this packet. Approval requires a four-fifths vote by the Council.
A Residential Community on Lake Minnetonka's South Shore
Executive Summary . Council Agenda of December 16, 1996
Page 2 of 3
Agenda Item 3H: John Miller has requested a hardcover variance to construct a single-family home
at 21125 Minnetonka Boulevard. The variance is necessitated by the amount of driveway needed
to overcome a steep slope on the street side of the property. The Planning Commission voted 6-1
to approve the variance. Staff was directed at the 25 November meeting to prepare a findings of
fact which is contained in this packet. Approval by the Council requires a four-fifths vote.
Agenda Item 3IThis is a motion to approve pulling and inspecting the SE area well. Award of
Contract, if approved will be to RH., Renner & Sons for a contract not to exceed $20,000.
Agenda Item 3J: This motion will adopt a resolution approving transfers between fund which are
identified in the capital improvement program. The resolution also closes a debt service fund for a
bond issue which was retired in 1996 and transfers the residual balance of the fund to other funds.
Lastly, the resolution also authorizes a budget amendment for the purchase of engineering/planning
software.
Agenda Item 3K:_This is the annual employment agreement for the City Administrator.
Agenda item 3L: This motion would increase the allowable voluntary employee conversion for
pre-tax health care reimbursement benefits from $1,500 to $3,000. This involves no cost to the
City and brings us in line more with many other plans.
Agenda Item 3M: Lundgren Bros. Construction has submitted plans for an entry monument sign
at their westernmost entrance to the Marsh Pointe project. The sign is consistent with the
requirements of Shorewood's Zoning Code and the Planning Director recommends approval.
Agenda Item 5: Because the asphalt, curb and gutter cannot be completed until the spring for the
Senior Community Center project, the Friends of the Center recommend that the building and
grounds be 100% completed and finished before we accept the project. Staff concurs with this
recommendation. The City Engineer and Architect will be available to review a change order
which modifies the construction contract.
Agenda Item 5A:. This is a proposed change order to modify contractual conditions for the
Southshore Senior Community Center. New dates for completion are as follows: Feb. 28 -
Building; May 15 - Parking lot and football fields; May 30 - Final landscaping. Failure to
complete any of the items results in liquidated damages of $ 500 per calendar day.
Agenda Item 6A. This item is continued from the last meeting for an agreement for conveyance of
a portion of the property at the SW quadrant of Christmas Lake Road and TH 7 to MN/DOT for
right-of-way purposes. Mr. Glenn Ellis from MN/DOT will be at the meeting to discuss the
proposed project and associated impacts.
Agenda Item 6B: This is a right of entry agreement in favor of MN/DOT for the subject property .
This will allow MN/DOT to proceed with construction prior to the actual conveyance documents
being finalized. This will keep the construction project on schedule for a spring letting.
The City Attorney has indicated that a public hearing is not necessary for this transaction. It is
important that the City enter into a right-of -entry agreement in favor of MN/DOT at this meeting if
possible.
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Executive Summary . Council Agenda December 16, 1996
Page 3 of 3
Agenda Item 7B: The Park Commission has considered the renaming of an area of a park
"Reutiman" and is recommending that the Council consider renaming the road through
Freeman Park "Reutiman Lane".
Agenda Item 8A: As staff continues to search for photographs which would shed light as
to. the previous existence of the Cabalka dock, additional correspondence has been
received. A letter from Mr. Cabalka's attorney requests additional time to explore further
evidence. Staff is trying to find photos which may have been taken by the Department of
Natural Resources.
Agenda Item 8B: Richard Jensen proposes to subdivide his property at 6020 Galpin Lake
Road into two lots. The Planning Director recommends approval subject to conditions.
The Planning Commission agreed unanimously. A proposed resolution has been prepared
for your review. Approval requires a simple majority vote (not that any of you are simple).
Agenda Item 8C: Mr. Stan Taube proposes to combine two lots in order to add on to his
existing residence at 27280 Edgewood Road. He asks for a variance to allow the existing
house on the extra lot to remain until next spring. The Planning Director and the Planning
Commission recommend approval, strongly urging the applicant to examine how the
property mayor may not be able to be redivided in the future. Staff should be directed to
prepare findings of fact for the next meeting. Approval requires a four-fifths vote.
Agenda Item 9: Lundgren Bros. Construction has submitted plans for street lights in their
Marsh Pointe project. Six of the proposed nine lights comply with current City policy for
street light locations. Per City policy property owners within 500 feet of each light have .
been notified of this item on the agenda. Council should take public testimony at Monday
night's meeting.
Agenda Item 10: Jack Chandler was originally assessed for two sewer units on his
property at 28200 Woodside Road. Having found out that he has inadequate area to
subdivide the property, he requests that one of the assessments be refunded. The
assessment was $1800. If the Council agrees to pay interest (6.5%) the total would be
$3048. Staff points out that there is some precedent for the refund, citing the Henney case
on Edgewood Road. Whether or not to pay interest is a Council decision.
Agenda Item 11: This resolution officially adopts the budgets and sets the property tax levy
for 1997.
Agenda Item 12: This resolution establishes the pay scale as budgeted for 1997.
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CITY OF SHOREWOOD
REGULAR CITY COUNCIL MEETING
MONDAY, NOVEMBER 25, 1996
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
7:30 P.M.
1.
MINUTES
CONVENE CITY COUNCIL MEETING
ORi\f1
Mayor Bean called the meeting to order at 7:33 p.m.
A.
Roll Call
Present:
Mayor Bean; Councilmembers Benson, McCarty, Shaw, Stover; City
Administrator Hurm; City Attorney Tim Keane; Planning Director Brad Nielsen and
Engineer Larry Brown.
B.
Review Agenda
Mayor Bean noted several changes to the agenda whereby Consent Agenda 3B will become 5D and
Agenda Items 7 and 8 will be considered in reverse order with the Council recessing the meeting to
convene a brief Executive Session prior to the consideration of Item 8.
Shaw moved, Benson seconded to approve the agenda as amended for November
25, 1996. Motion passed 5/0.
C. Introduction of Cub Scouts - Pack 428, Den 2
Mayor Bean welcomed Cub Scout Pack 428, Den 2, and thanked them for attending the meeting.
2. APPROVAL OF MINUTES
City Council Regular Meeting Minutes November 12, 1996
McCarty moved, Stover seconded to approve the City Council Regular Meeting
Minutes of November 12, 1996, as amended on Page 3, Paragraph 9, Sentence 1,
change Connie Clover to Connie Dove-Clover; Page 5, Paragraph 1, Sentence 2,
change Silver Park to Silverwood Park; Page 4, Item 6, Paragraph 3, Sentence 3,
amend to read, "renaming of Smithtown Way to Reutiman Lane"; Page 2, Item 4,
Paragraph 5, Sentence 4, change to read "adopted changes to the ordinance"; Page
6, Paragraph 11, Sentence 1, change "ordinance" to "resolution." Motion passed
5/0.
City Council Work Session Meeting Minutes November 18, 1996
Benson moved, Shaw seconded to approve the City Council Work Session
Meeting Minutes of November 18, 1996, as amended on Page 3, Paragraph 5,
Sentence 3, add "and which will not be identified by aerial photography;" Add
the following paragraph: "Mayor Bean noted the City needs to adopt a guiding
philosophy with respect to stormwater management which takes into account the
aspects of rural street design and budgetary constraints." Motion passed 5/0.
3. CONSENT AGENDA
Mayor Bean read the Consent Agenda, as amended, for November 25, 1996.
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REGULAR CITY COUNCIL MINUTES
NOVEMBER 25, 1996 - PAGE 2
McCarty moved, Stover seconded to approve the Motions on the Consent Agenda
and to adopt the Resolutions therein:
A. A Motion Adopting RESOLUTION NO. 96-105. "A Resolution
Granting Deferment of Special Assessments for the 1996 Water
Improvement Projects"
B. A Motion Authorizing the Purchase of Computer Accessories for Use
in Archiving Documents
C. A Motion Adopting RESOLUTION NO. 96-106, "A Resolution
Accepting Petitions for the Levy of Watermain Trunk Charges and
Special Assessments"
Motion passed 5/0.
4. MATTERS FROM THE FLOOR - None
5.
PLANNING
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Planning Commissioner Turgeon reported on the Study Session held on November 19, 1996, (as
detailed in the minutes of that meeting).
A . A Motion to Direct Staff to Prepare Findings of Fact Regarding
Appeal Interpretation of City Code Related to Non-conforming Docks
Applicant:
Location:
James Cabalka
58XX Christmas Lake Road
Attorney Mark Kelly appeared on behalf of the Cabalka family. Mr. Kelly stated his belief the
preponderance of the evidence continues to be that the Cabalka family owned the lot when the
ordinance came into effect and that a dock was maintained at that location for 35 years. Mr. Kelly
asked the Council to make findings to that effect. He further noted at the time Mr. Cabalka fIled
his appeal, the application included a request for a variance. Mr. Kelly stated that may be the only .
way to bring this matter to a conclusion so that the Cabalkas will not be called upon to defend
themselves again in the future.
Mayor Bean inquired as to whether the photographs taken subsequent to 1965 were conclusive
relative to the existence of a dock on the property. Nielsen stated he was unable to detect any
evidence of a dock and the photos were inconclusive. In addition, the photos were not clearly
dated or sourced.
Mayor Bean asked if a variance request had come before the Planning Commission. Nielsen
explained the Planning Commission had addressed that issue and determined this request would
require a use variance. He further explained in Minnesota a use variance cannot be granted. The
Planning Commission also discussed the possibility of amending the ordinance.
Mayor Bean asked Mr. Kelly if he was in agreement that a variance would be inappropriate. Mr.
Kelly stated his recollection of the code specifically references the granting of variances in
conjunction with docks and unbuildable parcels. Nielsen noted there had been changes made to the
ordinance and it was his belief that provision was no longer a part of the ordinance. Attorney
Keane confirmed this.
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REGULAR CITY COUNCIL MINUTES
NOVEMBER 25, 1996 - PAGE 3
Councilmember Shaw asked if any inquiry had been made of the DNR. Nielsen noted he
conferred with Ceil Strauss at the DNR who suggested the Wilson Library at the University which
has a number of aerial photographs of the area as well as photos available from the Agricultural
Stabilization and Conservation Service.
Councilmember Shaw stated during the period from 1979 to 1981, the DNR took photos of
Christmas Lake relative to the usage level of boats on the lake. Nielsen stated his belief those are
the photos which Mr. Cabalka has and suggested submittal to the Council for review.
Councilmember Stover questioned whose responsibility it would be to prove that a dock was or
was not in existence since 1965. Attorney Keane explained that the applicant is asserting the right
and on that basis, the burden is on the applicant to demonstrate the pre-existing right survives the
nonconforming provisions.
Councilmember Stover noted the letters received on this issue reference conflicting dates and asked
how this issue can be judged given the conflicting information. Attorney Keane explained the
Council sits as the body which hears appeals and, therefore, weighs the evidence and has the
discretion to vote on a particular fmding one way or the other.
Councilmember Stover recalled the Planning Commission had inspected the Cabalka property
relative to a subdivision and ask for a verification of the date that inspection was done.
Councilmember Stover stated she has a clear recollection the dock was not in place at that time,
however, she stated that inspection could have been pre or post dock season. In reviewing
minutes of past Commission meetings, Nielsen verified the date of the inspection to have been
June 6, 1981.
Mayor Bean asked if there is a specific length of time for the dock to be in place during the season.
Nielsen stated there is no designated length of time.
Councilmember McCarty felt there were equal recollections on either side and there is nothing
concrete to consider. Councilmember Shaw stated he would not be willing to affirm Mr.
Cabalka's rights without seeing the DNR photos. Mayor Bean noted the applicant has the right to
appeal again if he is able to bring forth new evidence. Mayor Bean noted his agreement with
Councilmember Shaw that there is no clear and convincing evidence to prove the existence of the
dock.
Nielsen suggested tabling the issue to allow further research into DNR aerial photos as described
by Councilmember Shaw. Councilmember McCarty pointed out if the photos are dated .1979 or
later, that would not prove that the dock has been in continuous use since 1965. Councilmember
Stover suggested the Cabalkas submit have any other photographic evidence they may have.
Mayor Bean noted from past discussions the survey did not reflect the dock, however, the
Cabalkas indicated they had requested the survey not reflect the dock. He commented survey
information could not be relied upon and some type of visual confirmation of the dock would be
necessary. Mayor Bean explained other requests very similar to this have been denied.
Mr. Kelly stated the Council is requiring the Cabalkas to provide proof by way of aerial
photographs, over which they had no control, that a dock was in existence during a specific period
of time. He stated the evidence standard can be set ever higher, making it an impossible standard
to meet. Mayor Bean noted there has been conflicting evidence which has come forth and
complainants have come forward asking that the ordinance be upheld. Councilmember Stover
stated there are other unbuildable lots where the Council has denied accessory uses.
Applicant:
Location:
John Miller
21125 Minnetonka Boulevard
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REGULAR CITY COUNCIL MINUTES
NOVEMBER 25, 1996 - PAGE 4
Stover moved, Shaw seconded tabling the appeal interpretation of City Code
regarding non-conforming docks, for James Cabalka, 58XX Christmas Lake
Road, until the December 16, 1996, City Council meeting to provide an
opportunity for any further evidence to come before the City Council on or before
that date. Motion passed 5/0.
B . A Motion Directing Staff to Prepare Findings of Fact Regarding a
Variance for Dock Use, Length and Setback
Applicant:
Location:
Bob Mellett
4435 Enchanted Drive
Mr. Mellett was in attendance. Mayor Bean asked if the three individual home owners would be
able to have their own docks if they desired. Nielsen explained two of the lots would be allowed
to have a dock and the third lot would possibly require a variance on the side yard setback.
Councilmember Stover inquired about the allowed number of boats per dock/per property. Nielsen
explained the LMCD would allow two boats as a matter of right with an allowance of up to four
boats if it can be demonstrated all four boats are owned by the resident of the property. .
Councilmember Stover pointed out if one family had a dock, there could be four boats, however,
under the current request, there will be only three.
Councilmember Stover asked if the Declaration of Easement would be tied to the property or if it
would stay with the residents. Attorney Keane explained the easement stays with the property.
Councilmember Stover inquired how a purchaser of the property would be aware of this easement.
Attorney Keane stated the Declaration of Easement is a recorded. The easement is a matter of
public record and recorded as a part of each of the three parcels.
Stover moved, McCarty seconded directing staff to prepare a Findings of Fact
approving a variance for dock use, length and setback for Bob Mellett, 4435
Enchanted Drive. Motion passed 5/0.
C . A Motion Directing Staff to Prepare Findings of Fact Regarding a
Variance to Shoreland District Hardcover Requirements
Mr. Miller was notin attendance. Mayor Bean asked if the applicant had approached the residents
on Ferncroft relative to his request. Nielsen noted he had, however that property owner is not
interested in selling any of her property.
Mayor Bean asked if there would be another house on Lots 2 and 3. Nielsen stated there had been
in the past. Mayor Bean also questioned the distance of the driveway to Ferncroft Drive. Nielsen
stated it is approximately 120 feet and the minimum distance between a comer and a driveway is 40
feet.
Councilmember Stover inquired with respect to erosion control and whether the Planning
Commission was satisfied with the method to be used and if it will be effective. Nielsen explained
that in addition to erosion fencing, there.are recommendations for maintaining the disturbed slope.
Councilmember Stover inquired as to the effect on hardcover if the driveway was not. paved.
Nielsen stated whether or not the drive is paved, it would be considered impervious.
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REGULAR CITY COUNCIL MINUTES
NOVEMBER 25, 1996 - PAGE 5
Stover moved, McCarty seconded directing staff to prepare Findings of Fact
approving a variance to Shoreland District hardcover requirements for John
Miller, 21125 Minnetonka Boulevard. Motion passed 5/0.
D. A Motion to Adopt a Resolution Approving the Final Plat -Marsh
Point
Applicant:
Lundgren Bros. Construction, Inc.
Location:
76.5 Acres North of Smith town Road West
of Minnewashta School
Mayor Bean asked whether there had been discussions relative to street lighting. Nielsen stated
that issue had just recently been discussed. In the past, the City has addressed lighting as a part of
the development, or upon receipt of a petition for lighting from the neighborhood.
Mark Anderson, Director of Land Development, Lundgren Brothers Construction, requested
permission to install nine street lights. Mayor Bean recalled a situation whereby a developer had
installed some street lights and other surrounding residents took exception to that intrusion. Mr.
Anderson stated he preferred to have street lights included in the request.
Nielsen explained that on past street lighting requests the Council has directed staff to notify home
owners within a specified radius of the street light location. Mayor Bean commented the policy has
been to illuminate an intersection only where there is a safety concern. Nielsen noted there is a
policy relative to where the lights can be placed. Mayor Bean suggested the lighting issue be
brought as a separate issue after notice has been provided to the surrounding home owners.
Nielsen pointed out the agreement does not incorporate lights. In reviewing the plan, Mayor Bean
noted several of the proposed lights would not fall within the City's policy with respect to lights on
cul-de-sacs and other areas.
Mayor Bean suggested that the maximum height be identified and compared with existing lighting
policy. In addition, he pointed out on the Schedule of Work, Items 1 through 8 were to be
completed by October 1,.1997. Nielsen also stated the City may want to provide that the fmallift
of asphalt would not be expected to be completed until the summer of 1998.
Mayor Bean noted a question had been raised relative to the positioning of the street on the western
half of the property and the preservation of the trees along the boulevard. Nielsen explained the
intent was to save as many trees as possible. In the design of the road, the actual traveled surface
had been moved to the west as far as possible in order to save that line of trees. Nielsen also
explained the City has received a plan relative to the planting of trees to break up the massing of the
two buildings located on the peninsula. In addition, a wetland restoration plan has been submitted
outlining the plans for the restoration of areas where there exists an encroachment into any wetland
buffer area.
Mr. Anderson inquired as to the utilities to the peninsula being privately owned by the peninsula.
He noted that a 6-inch watermain will be extended out into the peninsula with a fire hydrant on the
end and questioned if it is the intent of the City that the residents have a private hydrant and
responsibilities for flushing their own system which would have an affect on the City system.
Engineer Brown responded if a problem arises with the system, there could be an issue with
respect to maintenance and restoration of private driveways. He explained he would have
preferred a lift station for the sanitary sewer and would not want the City to take ownership of that
system.
REGULAR CITY COUNCIL MINUTES
NOVEMBER 25, 1996 - PAGE 6
Councilmember Stover questioned the advantages and disadvantages of the water system being
maintained by the residents. Brown explained if the system were not maintained properly, this
could impact the municipal system. If the City takes ownership of the utilities, it would take the
responsibility for the flushing and maintenance of the system. Mr. Anderson did not feel private
property owners would be capable of maintaining the water system. Mayor Bean noted he would
be inclined to have the City maintain it. Brown noted if the City takes ownership of a utility, any
expenses incurred in destroying a private driveway could be assessed back to the individual
property owner. Councilmember Stover asked how a property owner would know that is a
possibility when they purchase the property. Mayor Bean suggested it could be included in the
Homeowners Association's Covenants.
Mr. Anderson pointed out the roadway is being built to City standards. Brown stated if the project
engineer provides pavement calculations specifically with respect to this peninsula which meets the
City standards, it would then be appropriate for the City to assume ownership of the watermain
only and restoration of the roadway in the event of damage relative to watermain maintenance.
Mayor Bean clarified this would mean taking ownership of the utility and not the street. Mr.
Anderson noted his agreement with that suggestion.
Mayor Bean commented it could be difficult to define who damaged the street. He felt the City .
should assess street reconstruction back to the homeowner in the event of a utility problem. If a
street would be restored relative to a utility maintenance such as a broken watermain, the City
would be responsible for that particular repair.
Nielsen noted the Planning Commission recommended throughout the plat that fertilizer containing
phosphorous not be used and that be included in the covenant. Mr. Anderson asked if that applied
to the wetland buffer area or the subdivision. Nielsen explained it is already prohibited in the
wetland buffer area and this would pertain to the entire plat.
Mr. Anderson commented he would support this program and suggested it be enacted throughout
the City, however he noted enforcement would be difficult. Mr. Anderson stated he would not be
opposed to that language in the covenant after the lawn has been established. He commented that it
would be necessary to use the phosphorous in the first year of establishing the lawn. Mayor Bean
suggested a one year or one growing season limitation.
Mayor Bean noted the points of clarification relative to this request include: incorporate language in .
reference to the 35-foot limitation; the improvements to be installed by the developer specifically do
not identify lighting and that would require a separate petition to be presented with notification to
home owners; and the addition of language in the covenants relative to the use of phosphorous in
the development. There would be a clarification that the street has been pushed to the west
approximately 15 feet to accommodate the stand of trees; the responsiblity for street repair on the
private portion, and the ownership of the utility and repair related to maintenance. The sanitary
sewer on the peninsula would be the responsibility of the homeowners association.
McCarty moved, Stover seconded adopting RESOLUTION NO. 96-108, "A
Resolution Approving the Final Plat - Marsh Point for Lundgren Bros.
Construction, Inc., 76.5 Acres North of Smithtown Road West of Minnewashta
School," as detailed by Mayor Bean. Motion passed 5/0.
A member of the audience questioned when the public hearings were held relative to this matter.
Nielsen explained notice had been sent to residents within 500 feet of the property prior to the
public hearing held by the Planning Commission. In addition, the noticed was published in the
newspaper and a sign was posted for approximately a year on the property.
Mayor Bean recessed the meeting at 9:30 p.m. and reconvened at 9:40 p.m.
REGULAR CITY COUNCIL MINUTES
NOVEMBER 25, 1996 - PAGE 7
6. REVIEW IMPLEMENTATION OF SNOWMOBILE TASK FORCE
RECOMMENDA TIONS
A. Grooming of LRT
Engineer Brown pointed out he felt it was preferable for the Southwest Trails Association to groom
the trail as opposed to Public Works. He pointed out that Public Works does not have the
necessary equipment. However, if there are minor items requiring immediate attention, Public
Works would not be precluded from entering the trail and addressing those items. Mayor Bean
commented the City has an opportunity to have the work performed at no cost to the City and felt it
would be beneficial to take advantage of this opportunity.
Councilmember Stover stated, to her knowledge, the Southwest Trails do not have any equipment
to groom for cross country. They could only groom for snowmobiles. .
Brown stated the current agreement calls for a flat base of four to six inches. Councilmember
Stover asked if Public Works could plow leaving a base of four to six inches. Brown explained
. Public Works does not have the proper equipment to accomplish this.
Councilmember McCarty felt if it is harder for snowmobiles to use the trail, there may not be as
many on the trail. She noted that in spite of the December 1 time frame, she observed a steady line
of snowmobiles out during the recent snowfall.
Shaw moved, Benson seconded approving execution of an agreement with the
Southwest Trail Association for the grooming of the LRT trail.
Councilmember Stover noted the Freeman Park cross country ski trail should not be a part of the
agreement. Hurm stated that was an oversight and the agreement would not include the Freeman
Park trail.
Councilmember McCarty stated she would prefer not to have Public Works performing the work,
but would also prefer to not have snowmobiles on the trail. Councilmember Stover agreed.
Motion passed 5/0.
.
B.
Review Police Department Memorandum
Officer Keller was present. He noted the lights, siren, and radar equipment are on order for the
snowmobile. Mayor Bean stated he did not feel the ordinance prohibits the officer from patrolling
on snowmobile prior to the December 1 date, and that he would be in a position to ride on the trail
and within the city in an attempt to enforce the ordinance. Mayor Bean clarified this would apply
to any licensed enforcement agency in the pursuit of the enforcement of Ordinance 803.
Officer Keller noted 39 citations had been issued over the past weekend. He did not believe there
were citations anywhere other than in Shorewood.
C . Miscellaneous Recommendations
Mayor Bean encouraged the Councilmembers and Council-elects to review these recommendations
with detail and any issues be brought back before the Council.
Councilmember Stover referred to a memorandum from Ms. Kolstad which states that "continued
mixed use of the trail creates a safety hazard which should not be acceptable." Councilmember
Stover noted she agrees with that statement, however, she disagrees with the statement that
7.
CONSIDERATION OF A MOTION ADOPTING AN AMENDMENT TO
SECTION 201 PLANNING COMMISSION AND RELATED
RESOLUTION
.
REGULAR CITY COUNCIL MINUTES
NOVEMBER 25, 1996 - PAGE 8
"members of the Council who oppose snowmobiling for safety reasons have, by their very
decisions, continued to support and encourage an unsafe situation."
Mayor Bean commented that from a personal standpoint, he shares the concerns relative to mixed
use, but recognizes that lifestyle choices made by residents. Mayor Bean felt there is an alternative
which can work, a middle ground option which would allow preservation to enjoy this activity and
eliminate the public safety issue. He felt a separation of activities could be achieved which would
allow an activity to continue and eliminate the public safety concerns which everyone should have.
Councilmember McCarty stated her opposition to the side trail issue. She felt brush would be
taken out and did not want to see that. Councilmember McCarty commented given the way the
area is developing, she feels a future Council will come to the decision that mixed use is not
appropriate. Mayor Bean stated his suggestion would be for the pedestrians to utilize the flat
surface and the snowmobiles utilize a side trail. Councilmember Benson noted his agreement with
Mayor Bean.
Mayor Bean noted there had not been consistency between the language relative to the Park
Commission and the Planning Commission and consistency would be achieved through this
amendment.
Councilmember Stover asked if there should be a reference to a geographic balance among the
members of the Commission. Attorney Keane noted that to be a policy question and if the policy
of the Council is to further endeavor to provide for geographic balance and representation of
planning commissioners, that can be added.
Mayor Bean noted in the past there was a problem with not being able to acquire applicants from a
particular area. Councilmember Stover noted that to the degree possible, she would like to have
area representation. Attorney Keane noted the Council endeavors to consider the most qualified
applicants, and to include that provision would possibly limit the selection process.
Councilmember McCarty inquired as to missed meetings and if there should be a reference to that
issue in the ordinance. Hurm stated that Ordinance 84 states three consecutive missed meetings .
shall be the basis for the Council to remove that member from the Commission. Attorney Keane
stated there is a "for cause" removal and absences could be considered a cause and would not
specifically need to be included.
McCarty moved, Stover seconded adopting an amendment to Section 201 Planning
Commission and adopting RESOLUTION NO. 96-107, "A Resolution
Establishing Membership on the Planning Commission." Motion passed 5/0.
8. DISCUSSION OF AN AMENDMENT TO ORDINANCE 308 - TRANSIENT
MERCHANTS, SOLICITORS, PEDDLERS, CANVASSERS AND GARAGE
SALES
Attorney Keane reviewed previous discussions relative to this matter in addition to issues which
have been raised by Citizens for a Better Environment.
Mayor Bean adjourned the meeting at 10:24 p.m. to an Executive Session for discussion pertinent
to pending litigation. Mayor Bean reconvened the meeting at 10:47 p.m.
REGULAR CITY COUNCIL MINUTES
NOVEMBER 25,. 1996 - PAGE 9
Attorney Keane noted that discussions were held on October 28, 1996, and again more specifically
amendments to the solicitors and canvassers ordinance were discussed on November 12, 1996.
Mayor Bean noted the Council has identified five exceptions which were in discussion at those
meetings and the amendment would be to eliminate those exceptions. He noted the intent of this
amendment is to bring consistency with regard to exceptions to the ordinance.
Stover moved, McCarty seconded approving an amendment to Ordinance 308 -
Transient Merchants, Solicitors, Peddlers, Canvassers and Garage Sales. Motion
passed 5/0.
9. ADMINISTRATOR & STAFF REPORTS
10. MAYOR & CITY COUNCIL REPORTS
11. ADJOURNMENT
Shaw moved, McCarty seconded to adjourn the meeting at 10:55 p.m. subject to
. the approval of claims.
RESPECTFULLY SUBMITTED,
Cheryl Wallat, Recording Secretary
TimeSaver Off Site Secretarial
ATTEST:
ROBERT B. BEAN, MAYOR
.
JAMES C. HURM, CITY ADMINISTRATOR
.
.
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
7:30 P.M.
1.
CONVENE CITY COUNCIL MEETING
DRAfl
Mayor Bean called the meeting to order at 7:33 p.m.
A.
Roll Call
Present:
Mayor Bean; Councilmembers Benson, McCarty, Shaw, Stover; City
Administrator Hurm; City Attorney Tim Keane; Finance Director AI Rolek,
Planning Director Brad Nielsen and Engineer Larry Brown.
Review Agenda
B.
Mayor Bean noted that Item 2C will be removed from the agenda. Item 7 has been changed to
Consideration of a Motion to Authorize the Mayor and City Administrator to Enter into a Right of
Entry Agreement in favor of MNIDOT for City Owned Property Located at the SW Quadrant of
Christmas Lake Road and TH 7.
Shaw moved, Benson seconded to approve the agenda as amended for December
4, 1996. Motion passed 5/0.
2. CONSENT AGENDA
Mayor Bean read the Consent Agenda for December 4, 1996.
McCarty moved, Shaw seconded to approve the Motions on the Consent Agenda
and to adopt the Resolutions therein:
A. A Motion to Approve Revised Job Descriptions
B.
A Motion Adopting RESOLUTION NO. 96-109, "A Resolution Refunding
Sewer, Water and Park Fees - John Paulson."
Motion passed 5/0.
3. MATTERS FROM THE FLOOR
Duncan Storlie, 5375 Eureka Road, provided a letter from Greg Larson, Director of the Eureka
Neighborhood Association, relative to the Watten Ponds P.D.D. and read the letter into the record.
Agenda Item No.7 was the next item considered.
4. PLANNING
Planning Commissioner Turgeon reported on the matters considered and actions taken at the
December 3, 1996 meeting of the Planning Commission (as detailed in the minutes of that
meeting).
:ft;;2B
Applicant:
Location:
Abingdon Development Corp.
5370 and 5340 Eureka Road
REGULAR CITY COUNCIL MEETING MINUTES
DECEMBER 4, 1996 - PAGE 2
A. A Motion to Adopt a Resolution Approving the Final Plat - Watten
Ponds
Charles Dillerud was present and pointed out the Development Agreement contains a clause relative
to the issuance of occupancy permits and stated there should be a reference excepting the fmallift
of asphalt. Mr. Dillerud noted his agreement to the remainder of the recommendations.
With respect to Mr. Greg Larson's letter referencing Minnesota Statute 462.357 Subd. 2, Mr.
Keane explained that due to some revisions in the statute, consistency between the Comprehensive
Plan and zoning is the law in the seven county area. Mayor Bean stated it was noted in the
Comprehensive Planning process that there was an intention that inconsistencies which exist in the
City should be eliminated over time.
Mayor Bean noted entrance improvements are defined in Article 3 of the Covenants and asked what
lighting is anticipated at the entrance. Mr. Dillerud stated the plan at the present time is to use the
two stone structures which exist, move them south and reinstall them at the new street entrance. .
He said there had been consideration given to putting carriage lamps on the structures, but not the
lighting of any signage.
Mayor Bean asked if lighting should be limited at this time. Mr. Dillerud suggested a provision
could be added to the Development Agreement that lighting plans of any type would be brought
before the Council for approval. Nielsen pointed out the project is not large enough to qualify for a
monument type subdivision sign. Mr. Dillerud also noted street lighting has not been proposed.
Mayor Bean referenced Section 11 of the Resolution which was approved in October which states
a provision will be made in the final plans to maximize the amount of natural vegetation on each
home site. He commented he would like to see some defmition which describes how much
landscape and sod is put in as opposed to leaving the natural vegetation in place. Mayor Bean
stated he would like to ensure the area looks as natural as it is now.
Councilmember Benson was in agreement with Mayor Bean, however, he felt each lot would need
to be treated on an individual basis and that defining an exact number of square feet would be too
restrictive. Mayor Bean stated his intention to be whatever is naturally growing, be left naturally
growing.
Mr. Dillerud pointed out the developer is limited to a 15-foot radius around the building pad which
can be disturbed. Councilmember Stover commented that nothing will grow in the tree canopy
area other than natural vegetation.
.
.
REGULAR CITY COUNCIL MEETING MINUTES
DECEMBER 4, 1996 - PAGE 3
Mayor Bean suggested adding a provision to the Development Agreement that sodding be to the
degree of the grading disturbance and no further. Mr. Dillerud was in agreement with this, but
noted he cannot control what future home owners will do. Councilmember Stover felt the homes
would be purchased the way the developer leaves them in the natural vegetative state and the
tendency would hopefully be to leave them in that state.
Mayor Bean requested that Paragraph 12 be added to the Development Agreement which provides
that permanent improvement will be limited to the graded area as referenced in the resolution.
Mayor Bean noted the legal documents are the Resolution which includes the Development
Agreement, the Declaration of Covenants, and the Conservation Easement Agreement. The
Development Agreement would be modified to the extent of Nielsen's December 4th memorandum
and the two issues raise by Mayor Bean. The covenants would also be amended relative to
Nielsen's memorandum which refers back to items added to the Development Agreement.
Stover moved, McCarty seconded adopting RESOLUTION NO. 96-110, "A
Resolution Approving the Final Plat - Watten Ponds for Abingdon Development
Corp., 5370 and 5340 Eureka Road" subject to execution of the final revised
agreements including the items set forth in Nielsen's memorandum of December
4, including Paragraph 12 which would limit the developer in terms of restoration
in the area only to the extent of the grading and as defined in the original
Resolution, adding a paragraph to the Conditions of Approval that a final lighting
plan would be subject to City approval and subject to entering into the
Conservation Easement Agreement. Motion passed 5/0.
Mr. Storlie asked if the covenants would become a part of the deeds and follow into the future.
Mayor Bean confirmed this was true. Mr. Storlie requested a copy of the covenants.
Mr. Watten addressed the Council and expressed his appreciation to the Council. He stated the
wooded areas are not a static situation and are growing rapidly.
B . A Motion to Approve Extension of Deadline to File Final Plat -
McCary Addition
Applicant:
Location:
Carl Zinn on Behalf of Tom and Mary McCary
6010 Ridge Road
Nielsen stated Mr. Zinn is requesting a 90-day extension because of concern relative to the
requirement of a trunk water charge for a property which does not have water available to it. Mr.
Zinn would like to bring this matter before the Council in January.
Nielsen explained extensions have been previously granted on the filing of a final plat. Should the
extension be approved, the developer would be subject to the fees in place at that time the fmal plat
is filed. In addition, prior to the release of the plat. the title commitment would have to be updated.
Councilmember Stover asked how long an approval would be valid in an instance where the
applicant continues to ask for extensions. Attorney Kearie explained the applicant's rights vest for
two years and requirements could be imposed relative to filing and other execution formalities,
however, the City may not change the regulations or rules for two years after fmal plat approval.
"
REGULAR CITY COUNCIL MEETING MINUTES
DECEMBER 4, 1996 - PAGE 4
Benson moved, McCarty seconded approving a 90-day extension of the deadline
to file final plat - McCary Addition for Carl Zinn on behalf of Tom and Mary
McCary, 6010 Ridge Road, subject to the filing of an updated title opinion and
fees paid based on what is in effect at the time the plat is filed. Motion passed
5/0.
5. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION
ACCEPTING A PETITION AND AUTHORIZING APPROVAL TO
PREPARE FEASffiILITY REPORT FOR BLEGEN PROPERTY
Mayor Bean asked the cost of the feasibility study. Engineer Brown estimated approximately
$1,500 to $2,000 which would be paid by the developer. Mayor Bean clarified there are no other
homeowners affected by this extension.
Mayor Bean inquired if this would impact or preclude an interconnection of the southeast with the
Amesbury well which would be an extension of the watermain down Manor to St. Albans. Brown
stated as part of the feasibility study moving forward, the City will review the recommendation
with the 20-year implementation plan relative to what the size was and possibly the City would pay
for the oversizing for the portion along Manor Road since it would occur as a part of the City .
extension.
Councilmember Stover asked if the formula were applied which provides that newly created lots
would be assessed $10,000 and the existing lots $5,000, and the developer funds the water, would
he also pay the assessments and the City fund the water. Nielsen explained the developer is
requesting the assessments and trunk charges be assessed along with the actual physical
improvements.
Stover moved, Benson seconded adopting RESOLUTION NO. 96-111, "A
Resolution Accepting a Petition and Authorizing Approval to Prepare a Feasibility
Report for Blegen Property." Motion passed 5/0.
6. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION
AUTHORIZING APPROVAL TO UPDATE GLEN ROAD FEASIBILITY
REPORT
Brown explained an equation will be developed to determine how many credits the City will .
receive from this wetland which could mitigate the amount of ponding to be done on Strawberry
Lane.
Mayor Bean questioned what the impact will ultimately be on the homeowners on Glen Road and
the surrounding area. Brown stated it would be staffs recommendation that any dollars received
from the Watershed District would be applied toward reducing the amount taxed to that district.
Nielsen pointed out the goal of the Watershed District is to create larger, more effective drainage
systems which allow for the treatment of more water as opposed to the small NERP ponds.
Councilmember Stover stated the problems created by broader than one community could best be
solved by broader than one community and she stated she was hopeful the Watershed District
would consider the aspect of a cooperative system.
Mayor Bean commented that Tonka Bay generates water into this system and inquired. as to
flooding problems in Tonka Bay. Nielsen noted a fair amount of water does come into Shorewood
from the shopping center area, however, Shorewood's water also flows back into Tonka Bay as
well.
.
.
REGULAR CITY COUNCIL MEETING MINUTES
DECEMBER 4, 1996 - PAGE 5
Mayor Bean felt clear and distinct choices would need to be made relative to the stonnwater
system. He inquired if this report would be incorporated in the citywide plan which is scheduled
for 1997. Brown stated much of the same analysis would be involved, however, this report would
be incorporated into the stormwater management plan.
Stover moved, McCarty seconded adopting RESOLUTION NO. 96-112, "A
Resolution Authorizing Approval to Update Glen Road Feasibility Report not to
exceed $5,000." Motion passed 5/0.
7. CONSIDERATION OF A MOTION TO AUTHORIZE THE MAYOR AND
CITY ADMINISTRATOR TO ENTER INTO A RIGHT OF ENTRY
AGREEMENT IN FAVOR OF MNIDOT FOR CITY OWNED PROPERTY
LOCATED AT THE SW QUADRANT OF CHRISTMAS LAKE ROAD AND
TH 7.
Engineer Brown explained that authorization of the Right of Entry Agreement for MNIDOT to
continue with their planned construction will not affect the right-of-way acquisition.
Councilmember Shaw inquired if any information had been received from the highway department
relative to reducing the temporary easement which would reduce the number of trees on the south
side of Highway 7. Brown explained since the City has not viewed the fmal plans, MNIDOT has
not been asked to reduce the temporary easement. Councilmember Shaw felt MNIDOT should be
able to work within their own easements rather than disturbing the trees in the area. In addition, he
inquired what type of disturbance would occur in this area. Mayor Bean felt there would be a fair
amount of disturbance to the area in light of the work being undertaken by MNIDOT. In addition,
he felt tree preservation could become a point of discussion.
Councilmember Stover noted MNIDOT has land to the north which could be used, however they
choose not to utilize this. She pointed out that in past discussions assurances had been made that
the trees in the subject area would not be disturbed.
Councilmember McCarty suggested the Council consider not entering into a right of entry
agreement until such time as these issues are resolved. Administrator Hunn suggested inviting a
representative of MNIDOT to the December 16, 1996 Council meeting to address the matters in
question.
Stover moved, Shaw seconded tabling the motion to authorize the Mayor and City
Administrator to enter into a Right of Entry Agreement for in favor of MNIDOT
for City owned property located at the SW Quadrant of Christmas Lake Road and
TH 7 until the December 16, 1997, Regular City Council Meeting. Motion passed
5/0.
Mayor Bean adjourned the regular City Council meeting to the Special Meeting of the City Council,
Truth in Taxation Public Hearing at 7:55 p.m. Mayor Bean reconvened the regular City Council
meeting at 9:01 p.m. Agenda Item 4A was the next matter considered.
REGULAR CITY COUNCIL MEETING MINUTES
DECEMBER 4, 1996 . PAGE 6
8. CONSIDERA TION OF A MOTION TO ADOPT AN ORDINANCE
AMENDING SECTION 202 . PARK COMMISSION
Hurm pointed out that the amendment removes the language that "the failure of any member to
attend three consecutive meetings shall be a basis of the Council to remove that member from the
Commission," and which had been replaced by a provision of removal for cause. This
amendment makes this ordinance consistent with the ordinance relative to the Planning
Commission.
Benson moved, Stover seconded adopting an ordinance amending Section 202 .
Park Commission. Motion passed 5/0.
9. ADMINISTRATOR & STAFF REPORTS
Engineer's Report on Minnewashta School Ballfield Revisions
Brown explained the school district has revised their plans and the Watershed District has approved
their permit. The district is very anxious to proceed and will construct the NERP pond this winter.
The proposal has been reduced to two football fields and an abbreviated soccer field.
Mayor Bean inquired if the northern rim of the basin would be altered in any way. Brown noted
the adjacent residents had expressed concern relative to the wooded area and that area will not be
disturbed.
10. MA YOR & CITY COUNCIL REPORTS - None
11. ADJOURNMENT
Shaw moved, Stover seconded to adjourn the meeting to an Executive Session at
10:55 p.m. subject to the payment of claims.
RESPECTFULL Y SUBMITTED,
Cheryl Wall at, Recording Secretary
TimeSaver Off Site Secretarial
ATTEST:
ROBERTB. BEAN, MAYOR
JAMES C. HURM, CITY ADMINISTRATOR
.
.
.
.
CITY OF SHOREWOOD
SPECIAL CITY COUNCIL MEETING
WEDNESDAY, DECEMBER 4, 1996
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
7:45 P.M.
1.
MINUTES
CONVENE CITY COUNCIL SPECIAL MEETING
D\l~f1
Mayor Bean called the meeting to order at 7:55 p.m.
A.
Roll Call
Present:
Mayor Bean; Councilmembers Benson, McCarty, Shaw, Stover; City
Administrator Hurm; City Attorney Tim Keane; Finance Director AI Rolek,
Planning Director Brad Nielsen and Engineer Larry Brown.
2. TRUTH IN TAXATION PUBLIC HEARING
Mayor Bean opened the public hearing at 8: 15 p.m.
Willie Jensen, 4880 Rustic Way, stated his disagreement with the market value of his
property and asked for an explanation of the valuation process which is utilized. Finance
Director Rolek explained the Board of Review which is held in the spring is the time at
which property valuations are addressed. Hurm stated he would speak with the assessor
and review this matter.
Jeff Papke, 6180 Cardinal Drive, suggested a chart be included with the property tax
statement indicating the rate of change from 1987 forward, with the rate of change on the
valuation of the property to enable tax payers to project their tax rates five years forward.
Mr. Papke commented the rate has increased much more than 4 percent. Hurm pointed out
in the past several years, the municipal rate has actually decreased.
Mr. Papke noted the rate of increase to be in excess of 10 percent per year. Mayor Bean
pointed out this is affected by appreciation in the property. Mr. Papke felt the rate of
increase should be limited to the growth of increased revenue from development or to no
more than the rate of inflation.
Mark Simanek, 22630 Murray Street, noted the value of his property increased 10 percent
and the taxes increased 14 percent for the third consecutive year. He inquired why there is
a tax increase, yet the value of the house has not increased as much. Rolek stated this
would be determined by the class rate which applied to the property. He pointed out the
Shorewood tax rate has stayed the same, however, if the overall rate were to increase, the
property would be subject to an increase. Rolek suggested Mr. Simanek attend the Board
of Review in the spring to address the valuation of his property.
Duncan Storlie, 5375 Eureka Road, commented on the $5,000 assessment for municipal
water. He felt the assessment should have been incorporated into the tax system because
this has resulted in an increase of approximately 50 percent in the period of one year. Mr.
Storlie asked if there would be any way to protest this tax. Mayor Bean stated the only
appeal process would be with respect to the valuation of the home which takes place at the
Board of Review hearing in the spring.
$~G
SPECIAL CITY COUNCIL MEETING MINUTES
DECEMBER 4, 1996 - PAGE 2
Mr. Storlie questioned where the assessments funds would appear in the budget. Mayor
Bean explained there is a separate water fund and the assessment charges do not become a
part of the general operating budget. In addition, the water system has its own budget
consisting of its own revenue source and expenditures. Mr. Storlie felt the assessment
should be considered a tax and that it should be known to the public to ensure the residents
of Shorewood are made aware of it.
.
Hearing no further public testimony, Mayor Bean closed the public hearing at 8:39 p.m.
Mayor Bean inquired how much of the 8 percent reflected in the property tax portion of the
budget is from current residents versus new construction. Rolek stated of the 8.36 percent,
approximately 4 percent is due to inflationary property increases. The other 4 percent
would be derived from new improvements to properties such as garages, additions and
new construction which have been built in Shorewood within the last year.
Mayor Bean stated one concern he would express relative to the tax rate decreasing or
remaining flat is that to some degree the City needs to be careful about preserving an
appropriate amount of dollar reserve. The City currently carries approximately a six month .
cushion which is necessary because of the time of the cap rolls back from. the State of
Minnesota relative to the revenue collection process. Mayor Bean further noted to the
extent Shorewood is looking longer term, there is a concern that the reserve does not
become depleted too severely making it necessary to drastically increase the tax rate.
Mayor Bean clarified that a large part of the increase in the police budget was related to the
union contract which was negotiated during the past summer. It is anticipated Shorewood
will utilize the department in a 50 to 52 percent range. Mayor Bean expressed his believe
Shorewood has one of the lowest costs per capita, per individual, of any community in the
metro area.
Relative to the sewer payments, Mayor Bean inquired as to the percentage that is paid to
Metropolitan Council and Rolek explained that amount to be approximately 70 percent of
the total budget. Mayor Bean further explained that a large share of the sewer charges are a
pass through back to the Metropolitan Council and Environmental Services in addition to
Shorewood's allocation to the Regional Transit System.
McCarty moved, Benson seconded canceling the December 12, 1996,
continuation meeting and considering approval of the budget at the
December 16, 1996 meeting. Motion passed 5/0.
Finance Director Rolek encouraged anyone having questions relative to their property tax
statement to contact him.
.
.
SPECIAL CITY COUNCIL MEETING MINUTES
DECEMBER 4, 1996 . PAGE 3
3. ADJOURN TO REGULAR MEETING
Mayor Bean adjourned the Special City Council meeting and reconvene the
Regular City Council meeting at 8:50 p.m.
RESPECTFULLY SUBMITTED,
Cheryl Wallat, Recording Secretary
TimeSaver Off Site Secretarial
ATTEST:
ROBERT B. BEAN, MAYOR
JAMES C. HURM, CITY ADMINISTRATOR
., or ~-.f
.
.
CITY OF SHOREWOOD
EXECUTIVE SESSION
WEDNESDAY, DECEMBER 4, 1996
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
11:00 P.M.
1.
MINUTES
CONVENE EXECUTIVE SESSION MEETING
D Rl\fl
Mayor Bean called the meeting to order at 11:01 p.m.
A.
Roll Call
Present:
Mayor Bean; Councilmembers Benson, Stover, Shaw, and McCarty; City
Administrator Jim Hurm; and City Attorney Tim Keane.
2. DISCUSSION ON STATUS OF LEGAL CASES
Attorney Keane briefed the Council on the status of legal cases.
3. ADJOURNMENT
Mayor Bean adjourned the Executive Session meeting at 11:20 p.m.
RESPECTFULLY SUBMITTED,
ATTEST:
ROBERT B. BEAN, MAYOR
JAMES C. HURM, CITY ADMINISTRATOR
;ff;2..D
3. ADJOURNMENT
.
...-.. ....,,-.'
CITY OF SHOREWOOD
EXECUTIVE SESSION
WEDNESDAY, DECEMBER 4, 1996
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
11:20 P.M.
MINUTES
1. CONVENE EXECUTIVE SESSION MEETING
Mayor Bean called the meeting to order at 11 :20 p.m.
A.
Roll Call
Present:
Mayor Bean; Councilmembers Benson, Stover, Shaw, and McCarty.
2. DISCUSSION ON ADMINISTRATOR'S EMPLOYMENT AGREEMENT
The Council members discussed the process they should use to review the Administrator's
performance and the proposed contract.
Mayor Bean adjourned the Executive Session meeting at 11:25 p.m.
RESPECTFULL Y SUBMITTED,
ATTEST:
ROBERT B. BEAN, MAYOR
JAMES C. HURM, CITY ADMINISTRATOR
.
"
.
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 · (612) 474-3236
MEMORANDUM
TO:
Mayor and City Council
Jim Hurm, City Administrator
Larry Brown, Director of Public Works ~
Brad Nielsen, Director of Planning
FROM:
.
DATE:
December 12, 1996
RE:
Consideration of Purchase of Planning and Engineering Software
Geographical Information Systems (GIS)
A Geographical Informational System (GIS) is a tool used to link any item which has a geographical
location together with a database to help track trends, document information, and query characteristics
over any area.
Since this amounts to what is known as a relational database, the uses for GIS systems are unlimited.
Currently GIS is being used in most municipalities and counties to track the following information:
.
Planning:
Population Densities
Housing Density
Forestation and Reforestation Areas
Parcel Information
School Districts
Land Zoning
Current Land Uses
Wetland Data
Unique Districts
Floodplains
Engineering: Parcel Information
Traffic Data and Projections
Sanitary Sewer Data
Storm Sewer Data
Geology
Roadway Alignments
Contour and Drainage Patterns
Watermain Utility Data
Soil Profiles
Wells
Finances: Utility Billing
Parcel Information
Tax Information
County Information
Virtually any data that can be tracked by location or area can be incorporated into the data base and
represented in its correct geographical location. The uses listed above are the more common applications
by municipalities and counties. Our most immediate use of the software would be to update
A Residential Community on Lake Minnetonka's South Shore
:# :3 ^'
.
.
Mayor and City Council
GIS Software Purchase Request
December 12, 1996
Page 2 of2
the existing and proposed land use maps for finalizing the Comprehensive Plan. The same capability will
also assist us in preparation of the housing plan.
The City Council may recall that the City of Shorewood previously purchased a license agreement with
Hennepin County to supply the geographical data base for all the parcels in the City of Shorewood.
Since the City does not have the GIS software, a copy of the data was forwarded to OSM Associates to
query specific parcel data and statistics for items within the Capital Improvement Program. By utilizing
GIS, countless hours were saved in obtaining parcel data enabling projections to be prepared in a short
time. Not only does the GIS package help save time in compiling data, but saves considerable time in
keeping data up to date.
In the past, GIS software has been cost prohibitive with systems costing in excess of seven to eight
thousand dollars. Over the years, prices have been inching down to where the cost has leveled off to
approximately the $3,500 range. This has made it possible for the counties, cities, and local agencies to
enter the GIS market and share data between agencies.
The State and Counties have been at the forefront for GIS systems. This is a great resource for
municipalities since a good skeleton for the database has already been compiled by these agencies. By
utilizing the same software as the State and County, the City can utilize the existing skeleton to build the
desired databases at a substantial cost savings to the City.
Since the State and Counties have taken the lead in GIS, they have set the standard for the software. The
package most commonly used is known as "ARC Info." This package is estimated to have approximately
90 percent of the market share of current GIS facilities in the midwest area.
Attachment one is the best proposal received for Arc/Info from Rowekamp Associates. The cost for the
package including tax, and shipping is $3,221.63. If approved, training costs would be paid for from
existing budgeted dollars already allocated for department training and conferences.
In summary, this tool has endless possibilities as a relational database. The hours saved in data
acquisition, preparation, and maintenance will be cut into a fraction of the time presently being expended.
Therefore, staff is requesting authorization to purchase Arc/Info as quoted in Attachment one.
..... \-
.
.
'"
." M1ke RDwekomp RDwekomp As.ociate. Fox: 612-948-1846 at Petenon EnviIonmental
p..... 2 00
W.dn..day. Septemb., 04. 1996 9:46:30 AM To: Muy We.
ROWEKAMP ASSOCIATES
Authorized Distributor of
PC ARCIINFO., ArcCAD.
ArcVieW8, ArcDataSM
3800 Old ShaKopee Road
Bloomington MN 55431
(612) 884-4014
FAX (612) 948-1846
Proposal to City of Shorewood
PC ARCIINFO Software, Training and T eclmical Support
September 4,1996 (PRIC,E CD .lJt=1 \<lv..eo I zAz/96:;,)
Unit Price
$ 2,995
Total Price
$ 2,995
$ 30
N/C
N/C
N/C
SOFTWARE
1 - PC ARC/INFO
- Shippingthandling
90 - days technical support provided by ESRI
4 - hours technical consulting services provided by Rowekamp Associates
1 - coupon worth $100 off PC ARCIINFO training provided
by Rowekamp Associates (one coupon per person)
TRAINING
PC ARC/INFO training consists of a three-day Introduction to PC ARC/INFO class:
- Per Student
$ 750
A quantity discount of33% is given to any organization training more than four students at one time.
Fee for each student beyond the first four is discounted 33%.
All classes are conducted by ESRI-authorized instructors.
TECHNICAL SUPPORT
Following complimentary technical support, ESRI will provide technical support on a per call basis or
for an annual fee of$595 for a single user. Multi-user pricing is also available.
Note: Prices do not include any applicable sales tax.
This quote is valid for thirty days.
ATTACHMENT I
CITY OF SHOREWOOD
RESOLUTION NO. 96-_
A RESOLUTION APPROVING LICENSES FOR REFUSE COLLECTORS
WHEREAS, the Shorewood City Code Section 507.05 provides for the
annual licensing of refuse collectors in the City; and
WHEREAS, said Section provides that an applicant shall complete an
application and fulfill certain requirements concerning insurance coverage and pay licensing
~;~ '
WHEREAS, the following applicants have satisfactorily completed this
application and fulfilled the requirements for the issuance of a License for Refuse
Collection.
.
NOW, THEREFORE BE IT RESOLVED by the City Council of
Shorewood as follows:
That a License for Refuse Collection be issued for a term of one year, from January
1, 1997 to December 31, 1997, to the following applicants:
Permit # Firm Name Address
97 -04 Blackowiak & Son 1195 Sunnyfield Rd N.
Mound, MN 55364
97-05 A W Disposal 124 Union St.
Norwood, MN 55368
97 -06 W oodlake Sanitary 9813 Flying Cloud Dr
Service, Inc. Eden Prairie, MN 55347
. 97 -07 Randy's Sanitation Box 169
Delano, MN 55328
97 -08 Waconia Roll-off Box 196
Service Waconia, MN 55387
97 -09 Quality Waste 1901 W 144th ST
Control Inc. Bumsville, MN 55306
97 -09 Weate Management 12448 Pennsylvania Ave S
Savage,MN 55378
97-10 Hagen's Haulers Inc. 7386 31st St SE
Buffalo,MN 55313
97 -11 Chaska Sanitation 731 Victoria Dr
Chaska, MN 55318
97 -12 Westonka Sanitation P.O. Box 33
Mound,MN 55364
-t3~
Resolution #97-___
Page 2 of 2
97-13
BPI
9813 Flying Cloud Drive
Eden Prairie, MN 55347
5232 Hanson Court
Crystal, MN 55428
ADOPTED by the City Council of the City of Shorewood this 16th day of
December, 1996.
97-14
Waste Technology Inc.
ATTEST:
James C. Hurm, City Administrator/Clerk
Robert B. Bean, Mayor
.
.
.
.
CITY OF SHOREWOOD
RESOLUTION NO. 96 -_
A RESOLUTION APPROVING LICENSES FOR TREE TRIMMERS
WHEREAS, the Shorewood City Code Section 305 provides
for the annual licensing of tree trimmers in the City; and
WHEREAS, said Section provides that an applicant submit
a letter of intent and fulfill certain requirements concerning
insurance coverage and pay licensing fee; and
WHEREAS, the following applicants have satisfactorily
completed this process and have submitted the requirements for the
issuance of a License for Tree Trimmers.
NOW, THEREFORE BE IT RESOLVED by the City Council of
Shorewood as follows:
That a License for Tree Trimming be issued for a term from
January 1, 1997 to December 31, 1997, to the following
applicants:
Permit #
Firm Name
Address
97-01
Shorewood Tree
26640 Smithtown Bay Rd
Shorewood, MN'
97-02
Aaspen Tree Service
970 Wayzata Blvd W
Wayzata, MN'
97-03
Four Seasons Tree
32 10th Ave S, St 213
Hopkins, MN' 55343
ADOPTED by the City Council of the City of Shorewood
this 16th day of December, 1996.
Robert B. Bean, Mayor
ATTEST:
James C. Hurm, City Administrator/Clerk
#3C:
t
.
CITY OF
SHOREWOOD
I
,
5755 COUNTRY CLUB ROAD. SHOREWOOD. MINNESOTA 55331.8927 · (612) 474.3236
MEMORANDUM
TO:
FROM:
DATE:
RE:
Mayor and City Council
Brad Nielsen
12 December 1996
Manitou Woods - Final Plat
FILE NO.: 405 (94.16)
Omega Development, Inc. has submitted a final plat for Manitou Woods, a subdivision
consisting of two twinhome lots (four units) on the west side of County Road 19. You
may recall that this project was originally submitted by Abingdon Development
Corporation, was delayed by the 1994 development moratorium, and then conveyed to
Omega.
The attached resolution approves the plat, subject to a number of conditions. In addition
release of the plat should be subject to the following:
1. The developer must pay park dedication fees totaling $4000 ($1000 per unit).
2. The developer must pay local sanitary sewer access charges totaling $4000 ($1000
per unit).
3. The developer must pay $15,000 per building for water assessments and trunk
water charges, based on the formula: 2R+ .5TU, where R=$5000, T=$50oo and U=the
number of units. Any amount previously assessed against the property should be deducted
from the new total. The developer may petition to have these charges assessed against the
lots for up to 15 years.
4. The developer must include provisions for use and maiIitenance of the driveways
and utilities in the Declaration of Covenants, Conditions and Restrictions. If a separate
declaration is proposed, the resolution must be modified accordingly.
Jim Hurm
Tim Keane
Larry Brown
Jerry Hertaus
31D,
A Residential Community on Lake Minnetonka's South Shore
OT SURVEYS COMPANY, INC.
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MANITOU WOODS
K~OW ALL ~IEN BY THESE PRESENTS: Th.. Omegl Developmenl, Inc.. I MiMesol1 Corporltion, owner and proprietor. and Builders Developmenl" Finance. Inc. a
~IIM'SOtl Corporation. monglgee. of the following described propcny situ..e in Ihe CounlY of HeM.pin, Slate of MiMesota. to-wit
All that pan ofLo. 24. Manilou Glen. described.. follows: BegiMlng allhe Soulhe..t comer of said Lot 24; thenc. Well along Ihe Soulh line of SlId Lot ~4, I
distanc. of 2S0 feet; Ihenc. Nonh II righl ansl.s '0 I..t described course. a distanc. of 223.1 feel; thenco E... at right angl.s 10 la.. d.scrib.d cours.. a dillance of
I SJ. 7S feet 10 the Northe",.rly lin. of said Lot 24; th.nc. Soulhea...rly along said Nonh.....rly line of Lot 24. 2S0 feet to ,h. point ofb.ginning. according to the
recorded pilI th.reof, and situa.. in H.Mopin County, MiM.SOtl.
Ilav. caused the Same 10 be surveyed and platted.. MANITOU WOODS and do her.by donate and dedicate to th. public for public use for.ver the Road and ....m.nts for utililY
and drainage purposes IS shown on Ih. pial In wiln... whereof said Om.ga Dev.lopment. Inc" I MiM.so," Corporation h.. caused ,h.se pres.nts to be signed by Its prop.r
officer this day of . 199_" In witness whereof said Builders Development & Finance, Inc., a MiMcsotl Corporation has caused these
presents to be signed by its ~roper officer this day of . 199_
OMEGA DEVELOP~IENT, INC
BUILDERS DEVELOPMENT" FINANCE, INC.
ils
Jerome A. Henaus. President
State of MiMcsotl
C OURIY of HCMcpin The foregoing instrument WIS acknowledged before me this
of Omesa Development. Inc.. I MiMesota Corporation on behalf of said corporation.
dlY of
.199_, by Jerome A HenauI. President
Notary Public. Hennepin County. Minnesota
Mv Commission Expires
Stat. of
County of
by
Th. foregoing instrum.n. w.. Icknowledged b.for. m. Ihis day of , 199--->
. its of Builders Developm.nt " Finance. Inc.. a MiMesola Corporation on behalf of said corporation
l'Io.ary Public,
My Commission Expires
County,
I hereby cenify Ihlll have surveyed and platted Ih. prop.ny d.scribed on this pia... MANITOU WOODS; Ihl. this pia. is a COlTect r.prcsen.a.ion or.h. su",.v; thaI 311 dillanccs
lie correctly shown on Ihe pll. in feet and hundredths of I foot~ that all monuments ha~'c been correctly placed in the vround as shown or \\ill be placed as requi;cd by the loca'
90\'.mmen.al unil; thlllh. outside boundary lines are con.clly d.signated on the plat; and Ih.r. are no we,lands d.signlled on th. pial" d.nn.d in ~tS S05~2 Subel I
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Charl.S F. Anderson. Licensed Land Su"....or
~tiMeSOta Itelilislranon So :17~j .
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I
,
CITY OF SHOREWOOD
RESOLUTION NO.
A RESOLUTION APPROVING THE FINAL PLAT OF
MANITOU WOODS
WHEREAS, the final plat of Manitou Woods has been submitted in the manner required
for the platting of land under the Shorewood City Code and under Chapter 462 of Minnesota
Statutes, and all proceedings have been duly had thereunder; and
WHEREAS, said plat is consistent with the Shorewood Comprehensive Plan and the
regulations and requirements of the laws of the State of Minnesota and the City Code of the City of
Shorewood.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
1.
2.
conditions:
That the plat of Manitou Woods is hereby approved.
That the approval is specifically conditioned upon the following terms and
a. Development of the site shall include the construction of four quest parking spaces and
an adequate turn-around, as shown on Exhibit A, attached hereto and made a part
hereof.
b. Plans for sewer and water utilities are subject to review and approval by the City
Engineer.
c. Separate sewer and water services will be provided for each dwelling unit.
d. Development of the lots is subject to the requirements of Section 1201.03 Subd. 16 of
the Shorewood City Code, as may be amended.
e. The Developer shall submit a landscape plan including tree preservation measures, tree
replacement, foundation plantings and screening along County Road 19. The landscape
plan is subject to review and approval by the Planning Director. Landscaping must be
provided prior to issuance of certificates of occupancy for any of the units.
f. The Developer shall record the Declaration of Covenants, Conditions and Restrictions,
attached hereto as Exhibit B, and made a part hereof, with the Hennepin County
Recorder.
3. That the Mayor and City Administrator/Clerk are authorized to execute the
Certificate of Approval for the plat on behalf of the City Council.
4. That the fmal plat, together with this resolution and the Declaration of Covenants,
Conditions and Restrictions for Manitou Woods Home Owners Association attached hereto, shall
be recorded within thirty (30) days of the date of certification of this Resolution.
I
,
BE IT FURTHER RESOLVED, that the execution of the Certificate upon said plat by
the Mayor and City Administrator/Clerk shall be conclusive, showing a proper compliance
therewith by the subdivider and City officials and shall entitle such plat to be placed on record
forthwith without further formality, all in compliance with Minnesota Statutes and the Shorewood
City Code.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 16th
day of December, 1996.
Robert B. Bean, Mayor
ATIEST:
JAMES C. HURM
City Administrator/Clerk
2
I
,
. DECLARATION OF COVENANTS
CONDITIONS. AND RESTRICTIONS
FOR
MANITOU WOODS HOME OWNERS ASSOCIATION
THIS DECLARATION, Made on the day of . 19--, by OMEGA
DEVELOPMENT, INC. (hereafter referred to as the "Declarant");
WITNESSETH:
WHEREAS, Declarant is the owner of the real property described on Exhibit A
attached hereto and by this reference incorporated herein for all purposes, and desires
to create thereon a residential community for the. pleasure,. recreation and general
benefits of the residents of said community: and,
WHEREAS, Declarant desires to provide for the preservation of the values and
amenities in said community and to this end desires to subject the real property
described on Exhibit A,.. together with such additions. as may hereafter be made thereto,
as provided in Article II, to the covenants, restrictions, easements, charges and liens
hereinafter set forth,each.andall.of which is. and are for the benefit of said real
property and each owner thereof: and,
WHEREAS, Declarant has deemed it.desirable for the pleasure and recreation of
said community and for the efficient preservation of the values and amenities in said
community to create an agency to receive.the power to attend to and. effectuate
policies and programs that will enhance the pleasure and value of said community, and
maintain, administer and. enforce the covenants and restrictions and collect and
disburse the assessments and charges hereinafter created: and,.
WHEREAS, Declarant has incorporated, under the laws of the State of
Minnesota, the Manitou Woods Home Owners Association for the purpose of
exercising the functions. as aforesaid:
NOW, THEREFORE, in consideration of the premises the Declarant hereby
declares that the real. property described on Exhibit A and such additions thereto as
may hereafter be made pursuant to Article II hereof is, and shall be held,. transferred,
sold, conveyed and occupied subject to the conditions,. restrictions,. easements, charges
and liens hereinafter set forth, which covenants and restrictions shall run with the real
property described on Exhibit A and any additional property annexed thereto pursuant
to the provisions set forth in Article II, and be binding on all parties having any rights,
title or interest in the hereinafter. described properties or any part thereot: their heirs,
successors and assigns,and shall inure to the benefit of each owner thereof.
ARTI(;~ I
Definitions
1. Definitions. The following words, when used in this Declaration, shall have
the following meanings:
1.1 "Association" shall mean and refer to Manitou Woods Home Owners
Association, a nonprofit corporation organized and existing under the laws
of the State of Minnesota, its successors and assigns.
I
1.2 "Declarant" shall mean and refer to Omega Development, Inc. and its
successors orassigns.if such successors. or assigns should acquire. more than
one undeveloped Lot from Omega Development, Inc. for the purpose of
development.
1.3 "Developer" shall. mean and refer to the Declarant and its successors
or assigns if such successors or assigns should acquire more than one
undeveloped Lot from the Declarant for the purpose of development.
1.4 "Living Unit" shall mean and refer to a residential housing unit
consisting of a group of rooms and hallways and attached garage which
are designed and intended for use as living quarters for one family and
located or to be located upon one Lot.
,
1.5 "Lot" shall mean and refer to any tract or parcel of land designated as a
Lot shown upon any recorded plat or subdivision map of the Property
with the exception of any tracts or parcels designated as outlots.
1.6. "Member" shall mean and refer to every.person or entity who is a
record owner of a fee or undivided fee simple interest in any Lot which is
subject by covenants. of record to assessment by the Association,
including, but not limited to, contract vendors.
1.7 "Mortgage" shall mean and refer to any mortgage or other security
instrument by which a Lot, or any part thereof, or any structure thereon,
is encumbered.
1.8 "Mortgagee" shall mean. any person or entity named as the
mortgagee under any Mortgage, or any successors or assigns to the
interest of such person or entity under a Mortgage.
1.9 "Owner" shall mean and refer to the record owner, whether one or
more person or entities,offee simple title. to any Lot, including.
contract sellers, but excluding any person having such interest merely
as security for the performance of an obligation.
1.10 "Private Common Drivewav" shall mean and refer to access
driveways from public streets to the Living Units
1. 11 "Private Yard Area" shall mean and refer to that portion of a Lot
not covered by Living Unit or by a Private Common Driveway.
1.12 ''Property shall mean and refer to all the real property subject to
this Declaration, all of which is more fully described on Exhibit A
attached. hereto and.by this reference incorporated herein for all
purposes, and all additional real property made subject to this
Declaratioain accordance with the provisions of Article II.
I
ARTICLE II
Additional Property Subiect to This Declaration
2.1 Additions to Existing Property. Additional real property may become subject to
this Declaration in the following manner:
,
(a). Additions in Accordance with General Plan of Development.
The Developer, its successors and assigns, shall have the right, without the consent of the
Members to bring within the scheme of this Declaration additional real property in future
stages of development by December 31, 1998~ provided, however, that the Federal
Housing Administration. and the Veteran's Administration shall have the right to veto any
such future additions in the event that either of such agencies determines that any such
future additions is not in accordance with the general plan of development heretofore
approved by each of them
(b) . Additions Authorized by Member. Additional residential
property may become subject to this Declaration upon approval of two-thirds (2/3) of the
Members of each class of Association Members.
2.2 Manner of Annexation. Additions authorized under this Article shall be made by
filing a Supplementary Declaration of Covenants, .Conditions and Restrictions with respect
to the additional property and, after such filing, such additional property shall be subject to
the covenants and restrictions of this Declaration. Such Supplementary Declaration shall
contain such complementary additions and modifications as of the covenants and
restrictions contained in this Declaration as may be necessary to reflect the different
character, ifany, of the added properties and shall not be inconsistent with the scheme of
this Declaration. In no event, however,_shall such Supplementary Declaration revoke,
modify or. add. to the covenants. established by this Declaration within the existing
property .
ARTICLE III
Membershio and Voting Rights
in the. Association
3.1 . Membership. Every person or entity who- is a record owner of a fee or undivided
fee simple interest in any Lot which is subject by covenants of record to assessment by the
Association, including, but not limited to, contract vendors, shall be a member of the
Association. The foregoing is intended to exclude persons or entities who hold an interest
merely as a security for the performance of an obligation until such time such person
acquires a fee simple interest in such Lot by foreclosure or by any proceeding in lieu
thereof. Membership shall be appurtenant to and may not be separated from the
ownership of any Lot which is subject to assessment by the Association. Ownership of
such Lot shall be the sole qualification for membership.
I
3.2 Voting Rights. _ The Association shall not have nor shall it issue any. capital stock
and may only have two (2) classes of voting membership:
(a) Class A. Class A members shall be all those Owners as defined
in Section 1.9, with the exception of the Declarant. Each class A member shall be entitled
to one (I) vote for each Lot in which he holds the interest required for membership by
Section 3. I. When more than one person holds such interest in any Lot, all such persons
shall be Members. The vote. for such Lot shall be exercised as they, among themselves
shall determine, but in no event shall more than one (1) vote be cast with respect to any
Lot.
,
(b) Class B. The Declarant shall be the sole Class B member and
shall be entitled to three (3) votes for each Lot owned. Class B membership shall cease
and be converted to the Class A membership upon the occurrence of the first of the
following events:
(i) When the total number of votes outstanding in Class A
membership equal or exceed the total number of votes outstanding in
the Class.B membership; or
(ii) On December 31, I 999
3.3 Suspension of Voting Rights. The right of any Member to vote and the right of
any Member, his family or guest to use any recreational facilities that may be acquired by
the Association shall be suspended during any period in which such Member shall be in
default in the payment of any assessment levied by the Association. Such rights may also
be suspended after notice and hearing, for a period not to exceed sixty (60) days for any
infraction of any rule or regulations published by the Association.
I
,
ARTICLE. IV
Covenant for Maintenance Assessments
4. 1 Creation of Lien and Personal Obligation of Assessments. The Declarant, for
each Lot owned within the Property. hereby covenants, and each Owner of any Lot by acceptance
of a deed thereof, whether or not it shall be so expressed in any such Deed or other conveyance,
shall be and hereby is deemed to covenant and agree to pay to the Association:
(a) general annual assessments or charges, and,
(b) special assessments for capital improvements,
such assessments to be established and collected from time to time as hereinafter provided. The
general annual. and special assessments, together with such interest thereon and costs of
collection thereof as hereinafter provided, shall be a charge on each such Lot and shall be a
continuing lien on each such Lot against which each such assessment is made. Each such
assessment, together with such interest thereon and all costs of collection thereof, as hereinafter
Provided, shall also be the personal obligation of each person who was the Owner of each such
Lot at the time when the assessment fell due. The personal obligation for delinquent assessments
shall not pass to such Owners successors in title unless expressly assumed. by. them. All such
assessments shall be fixed, established and collected from time to time in the manner provided in
this Article.
4.2 Purpose of Assessments. The assessments levied by the Association shall be used
exclusively for the purpose of promoting the pleasure, health, safety and welfare of the residents
of the Property and, in particular, for the maintenance of the Property, services and facilities
devoted to this purpose and related to the use and enjoyment of the improvements erected upon
each Lot.
4.3. Maximum Annual Assessments. The amount of the maximum annual
assessments shall be determined by the Board of Directors as hereinafter provided but subject,
however, to the following restrictions:
(a) Until January 1.ofthe year immediately following the conveyance of the first Lot by
the Developer to an Owner, the Maximum annual general assessment shall be
$1,500.00.
(b) From and after January 1 of the year immediatelyfollowing the year of the
conveyance of the first Lot by the Developer to an Owner, the maximum annual
general assessment may be increased each year in an amount not to exceed the
greater of:
(i) five percent (5%) above the maximum annual general. assessment for the
prevIous year~ or
(ii) the actual percentage increase over the most recent twelve. (12) month
period in the Minneapolis-St. Paul All Items Consumer. Price Index for All
I
a
Urban Consumers, CPI "~', 1967=100, (hereinafter referred to as the
"CPI").
If publication ofthe_CPI shall be discontinued, the Association's members shall
thereafter accept comparable statistics on the cost of living for Minneapolis- St.
Paul, as they shall be computed and published by an agency of the United States or
by a responsible financial institution selected by the Association's Board of
Directors.
( c ). The maximum annual general assessment maybe increased above such amounts
established in paragraph (b) herein above by vote of two-thirds (2/3) of each class of members
who are voting in person or by proxy at a meeting duly called for such purpose.
(d) The Board of Directors of the Association may, after consideration of the current
assessment costs and future need of the Association, fix the actual assessment for any year at any
lesser amount.
4.4 Special assessments for Capital Improvements. In addition to ~he general annual
assessments authorized by Section 4.3, the association may levy, in any assessment year, a special
assessment applicable to that year only for the purpose of defraying in whole or in part the cost of
any construction or reconstruction, unexpected repair or replacement of a capital improvement;
provided, however, that any such assessment shall require the assent of two-thirds (2/3) of the
votes of each class of Members who are voting in person or by proxy at a meeting duly called for
this purpose.
45 Notice of Meetings: Written notice of any meeting called for the purpose of taking
any action authorized under Section4.3 or 4.4 shall be sent to all Members, and to any Mortgagee
who shall request such notice in writing, no .less than Thirty (30) days no more than sixty (60)
days in advance of such meeting. At the first such meeting called, the presence of Members or of
proxies entitled to cast sixty (60%) percent of all votes. shall constitute a quorum. If the required
quorum is not present, another meeting may be called subject to the same notice requirement, and
the required quorum at the subsequent meeting shall be one-half (1/2) of the required quorum at
the preceding meeting. No such subsequent meeting shall be held later than sixty (60) days
following the preceding meeting.
4.6 Uniform Rate of Assessment. Both general annual and special assessments
must be fixed at a uniform rate for all Lots; and such uniform rate may not be changed or altered
without the prior written consent of all Mortgagees having a first lien on each Lot; provided,
however, that any Lots owned by the Developer shall be assessed an amount equal to one-fourth
(1/4) of the amount assessed against Lots owned by persons other than the Developer; provided,
further, that notwithstanding anything set forth in the preceding clause to the contrary, a Lot
owned by the Developer shall be assessed on the same basis as a Lot owned by any person other
than the Developer from and after the time that a building constructed upon such Lot is (a) used
by the Developer as a model for regular public inspection, (b) finally inspected by the United
States Department of Housing and Urban Development or Federal Housing Administration, or
(c) occupied by a tenant of the Developer as a residential. dwelling. .
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4.7 Date of Commencement of AnnuaLAssessments:. Due Dates_ The annual
assessments provided for herein shall commence as to all Lots on the first day of the calendar
month following the conveyance of a Lot to an Owner. In addition, in the event that additional
properties are subsequently brought within the scope of this Declaration by the Developer in
accordance with the general plan of development pursuant to Section 2.1 (a), annual assessments
shall commence as to all Lots within such additional properties on the first day of the calendar
month following the conveyance of the first Lot therein by the Developer to an Owner. In the
event that the annual assessments, with respect to any Lot, shall commence during any calendar
year on anyday other than January 1, the amount of such assessments payable for such year shall
be that proportion of the full amount applicable to the entire calendar year which the number of
remaining fulLcal.endar months.in such year bears to the number twelve. . All assessments, both
general and special may be collected on a monthly, or other periodic basis, and with such due
dates. as the Board of Directors. may determine and establish.
4.8 Duties of the Board of Directors. The Board of Directors of the Association
shall fix the date of commencement; and the amount of the assessment against each Lot for each
annual assessment period at least thirty (30) days in advance of such date of commencement of
such period and shall at that time prepare a roll of the properties and assessments applicable
thereto which shall be kept in the office of the Association and shall be open to inspection by any
Owner. Written notice of every assessment shall thereafter be sent to each Owner subject to such
assessments_ The. Association sha.14 upon demand and upon the payment ofa reasonable charge,
furnish a written certificate signed by an officer of the Association setting forth whether or not
assessments upon particular Lots have been paid. Such Certificate shall be conclusive evidence of
payment of any assessments therein stated to have been paid.
4.9 Effect of Nonpayment of Assessment: the Personal Obligation of the Owner: the
Lien: Remedies of Association.
.
( a ). If any assessment is not paid on the date when due then such assessment shall
become delinquent and shall,. together with such interest thereon and costs of collection thereof,
as hereinafter provided, thereupon become a continuing lien on such Lot or Lots which shall bind
such Lot or Lots in the hands of the then Owner, his heirs, devisees, personal representatives and
assigns. The personal obligation of the then Owner to pay such assessment, however, shall
remain his personal obligation and shall not pass to his successors in title unless expressly assumed
by them. Such lien shall run infavor of the.. Association and shall be superior to allother liens and
encumbrances on such Lot except for the following:
(i) Liens for general real estate taxes and special assessments levied by any
governmental authority; and,
(ii) The lien of any. first mortgage as provided in Section 4.11 hereof.
(b) All other lienors acquiring liens on any Lot after this Declaration shall have
been recorded and whose liens. shall also have been recorded, shall be deemed to consent that
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their liens shall be and remainjnferior to future liens provided for herein_ whether or not such
consent has been expresses in the instruments creating their liens.
( c) _ To evidence a lien for sums assessed pursuant to the Article, the Association
may prepare a written notice of lien setting forth the amount of the assessment, the date due, the
amount remaining unpaid, the names of the Owner of the Lot and a description of the Lot and file
or record the same, but such notice of lien shall not be recorded until such assessment as been
wholly or partially unpaid for at least thirty (30) days from the due date. Such lien may be
enforced and foreclosed either by judicial foreclosure by the Association in the same manner in
which mortgages on real property may be foreclosed in Minnesota or by foreclosing the lien in the
manner prescribed by Minnesota Statutes for the foreclosure ofa mechanic's lien. Each Owner,
by acceptance of a deed for any Lot, does further hereby give full and complete power of sale to
the Association and does consent to a foreclosure of the assessment lien by advertisement. In the
event of any such foreclosure, and in the further event that the Association shall prevail in any
such foreclosure the person personally obligated to pay the same shall be required to pay all
costs 0 f foreclosure including, _but not limited to, reasonable attorneys' fees. All such costs and
expenses shall be further secured by the lien being foreclosed. The person personally obligated to
pay such lien, shall also be required to pay the Association any assessments against the Lot which
shall become due during the period of foreclosure. The Association shall have the right and
power to bid at the foreclosure sale or other legal sale and to acquire, hold, _ convey, lease, rent,
encumber, use and otherwise deal with the Lot as the Owner thereo[ A release of the notice or
lien shall be executed by an officer of the Association and recorded upon payment of all sums
secured by such lien.
(d) Any encumbrancer holding a lien on any Lot may pay, but shall not be required to
pay any amounts secured by the lien created and authorized by this Section and; upon payment of
such sums, such encumbrancer shall be subrogated to aU rights of the Association witD respect to
such lien, including, but not limited to, priority- as to any otDer lien or interest in such Lot.
(e) Any assessment not paid within thirty (30) days after the due date shall bear
interest frOm the due date until paid at the rate-ofeight percent (8%) per annum. No Owner may
waive or otherwise escape personal- liability for tDe - assessments provided for herein by
abandonment of his Lot. A Suit to recover a -money judgment for such expenses- with costs of
collection and interest as provided for herein, shall be- maintainable by the Association without
foreclosing or waiving the lien securing the same.- _
4.10 Subordination of Lien to First Mortgages. The lien of assessments provided for
herein shall be subordinate to the lien of any first Mortgage, and the sale or
transfer of any Lotshall not affect the assessment lien. However, the sale or
transfer of any Lot pursuant to the foreclosure of a first Mortgage, or pursuant
to any other proceeding or arrangement in lieu of such foreclosure, shall
extinguish the lien of such assessments as to installments which became due prior
to the effective date of such sale, transfer or acquisition by the Mortgagee to the
end that no assessment liability _ shall accrue to an acquiring Mortgagee
except with respect to installments of assessments becoming due after possession
has passed to such acquiring Mortgagee, whether such possession has passed at
the termination of any period of redemption or otherwise, and in the event of the
extinguishment of such assessment lien as aforesaid, the entire amount of such -
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paid assessment shall be reallocated and assessed against,. and payable by the
Owners of all other Lots in the Association, exclusive of such mortgaged Lot..
No such sale,. transfer or acquisition of possession shall relieve an Owner or a Lot
from liability for any assessments thereafter becoming due or from the lien
thereof or shall. relieve the person personally obligated to pay the .assessments
which were levied prior to the transfer of such property from the personal
obligation to pay. the. same.
ARTICLE V
Easements
5.1. Easements. In.addition to the easements, covenants, restrictions and conditions
of Article VI concerning party walls and of Article VII concerning architectural and exterior
controls, allLiving Units and Lots shall be subject to easements and covenants hereinafter
specifically described for the benefit of the Property or for the limited benefit of specified
adjoining Lots, all as more fully set forth hereinafter in this Article.
5.2 Driveway Easements. Declarant has, or will by separate declaration, establish limited
private common. driveway easements for ingress and. egress. to and from each. of the Living .units served by
such driveways.. Maintenance of such driveways, as well as maintenance of the private apron from the
common driveway to a Living Unit,.shall be perfonned.. by the Association and assessable .against all Lots
in the Association as a part of exterior maintenance.
5.3 . Private . Yard Easements. Except as hereinafter provided, . each . Owner shall be fully
entitled to the exclusive use and occupancy of the Private Yard Area in his Lot to the exclusion of all
others; provided, however, the Property generally and all other Owners shall be entitled to a visual
easement over all Private Yard Area, subject to and limited by the original structures erected thereon by the
developer. No Owner shall erect. or cause to be erected..any structure of any sort. upon his Lot,. or plant any
trees or shrubs prior to obtaining the written approval of the Association in accordance with the procedure
described in Article VII. Except as pennitted under the limited circumstances described in the preceding
sentence, all planting, landscaping and private yard maintenance shall be perfonned by the Association and
the costs thereof shall be and constitute a portion of the general annual assessment by the Association ueon
all Lots in the Property.
5A Utility Easements. The Declarant has, or will by separate declaration,. provide
easements for utility purposes to and from all Lots in the Property. The Association or its proper
representatives shall have the right of free access to any Lot or Living Units for the purpose of
maintaining any utility service to any Lot on the Property. The Association shall also have the
right to tap onto and maintain the water line stopcock located on the exterior wall of each Living
Unit and to draw water therefrom for yard maintenance purposes; provided, however, that if the
Association shall draw water from any Living Unit as aforesaid, the Association shall reimburse
the Owner of such Living Unit for all water charges and fees imposed by the water utility upon
the Owner of such Living Unit in excess of the minimum periodic water charges, ifany, during the
billing period when the Association shall have drawn water from such Living Unit.
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ARTICLE-VI
Party Walls
6.1 General Rules of Law to Apply. Each wall which is built as part of the
original construction of the Living Units upon the Property and placed upon the dividing line
between the Lots shall constitute a party wall and to the extent not inconsistent with the
provisions .of this Article, the general rules .of law regarding party walls and .of liability far
property damage due to negligence or willful acts or omissions shall apply thereto.
6.2 Sharing of Repair and Maintenance. The cast .of reasonable repair and
maintenance of a party wall shalL be shared by the Owners wha make use of the wall in proportion
ta such use.
6.3 Destruction bv Fire or other Casualty. If a party wall is destroyed or damaged by
fire or ather casualty, any Owner who has used the wall may restore it, and if the other Owners
thereafter make use .of the wall, they. shall .cantribute ta the cast .of rest .oration thereof in
proportion to such use with.out prejudice, h.owever, to the right of any such Owners t.o call for a
larger contribution from the others under any rule oflaw regarding liability far negligent .or
willful acts .or .omissions.
6.4 Weatherproofing.. Notwithstanding. any ather pravisions of this Article, any
Owner who, by his negligent or willful act, causes the party wall ta be expased ta the elements
shall bear the whale cast .of furnishing the necessary protectian against such elements
6.5 Right to Contribution Runs with Land:. The right .or any Owner ta contribution
from any other Owner under this Article shall be appurtenant t.o the land and shall pass ta such
Owner's successars in title.
6.6 Encroachments. . If, far whatever reasan, a wall intended ta .bea party wall is nat
precisely canstructed .on the dividing line between twa Lats, during the life .of the building
cantaining such wall, the Lat upan. which such party wall encraaches shall be subject ta an
easement far the life .of such building which shall be in favar .of and appurtenant to the
ather Lat, t.o the end that. far all purp.ases .of this. Declaratian, such wall shall be treated as
if it were centered precisely upan the camman Lat line.
6.7 Arbitratian. In the event of any dispute arising concerning a party wall, .or under
the pravisians .of this Article, each party shall chaase .one arbitratar and such arbitratars
shall ch.oase .one additianal arbitratar and- .the decisian .of a majarity .of all the arbitratars
shall be final and canclusive an the questian invalved
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ARTICLE VII
Architectural and Exterior Controls
7. 1 Architectural Control and Committee Authority: . no exterior additions, removals or
alterations (including changes in color or appearance) to any building on the Property, additional
fences, hedges, walls, walkways and other structures shall be commenced, erected or maintained,
except such as are installed or approved by the Developer in connection with the initial
construction of the buildings on the Property, until the plans and specification showing the nature,
kind.- shape, height,- materials, location and approximate cost of same shall have been submitted to
and approved in writing as to harmony of the external design and location in relation to
surrounding buildings erected upon the Property by. an architectural committee composed of the
Board of Directors of the association or three (3) or more representatives appointed by the Board
ofDirectors~ No such submissioD-shallbe deemed to have been completed until all of the plans
and specifications thereof has been delivered to the applicant. In the event said Board, or its
designated committee, fails to approve or disapprove such design and location within thirty (30)
days after said plans and specifications have been submitted to it, as evidenced by the dated
written receipt, such approval shall be deemed to have been given.. If no application has been
made to the architectural committee or their representatives, or if such application has been
rejected, a suit to enjoin or remove such additions, alterations, or changes may be instituted at any
time by the Association or any Owner; provided, however, no suit to enjoin or remove such
additions, alterations or changes may be commenced if unapproved improvements. having been
completed for a period of ninety (90) days and thereafter a deed to a new owner is recorded, such
improvements having been deemed to have been approved by the architectural committee.. None
of the members of the architectural committee shall be entitled to any compensation for their
services performed pursuant to this paragraph, but. compensation may be allowed to independent
professional advisors retained by such committee. Exterior antennae shall not be placed on any
building without the express .writteD- approval. of the architectural committee. During the time in
which the Association has a Class B member, all decisions of the architectural committee may be
vetoed by the Developer.
7.2 Exterior Maintenance. In order to preserve the uniform and high standards or
appearance of the Property, the Association shall provide and be solely responsible/or the
maintenance and repair of the exterior of all Living Units, and the walks, yard areas and driveways
of the Lots which responsibility shall include, but not be limited to, the following: The
maintenance and repair of the exterior surfaces of all buildings on the Property, including.- without
limitation, the painting of the same as often as necessary, the replacement of trim and caulking,
the maintenance and repair of roofs.- gutters, down spouts and overhangs, (but excluding all
maintenance and repair to glass and other window surfaces), mowing, trimming, watering and
other care of grass, trees, and other plants, and the maintenance and repair of walks, driveway
aprons, driveways and walkways, including snow removal therefrom. The Association shall
also maintain that portion of all.private seIVice water and. sewer pipelines from the exterior walls
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of each Living Unit to the point at which such service pipelines connect to the lateral water and
sewer pipelines located within the street right of way. All expenditures by the Association for the
above stated purposes shall be uniformly assessed against all Lots in the Property as provided in
Section 4.6 hereof~ provided, however, all costs and expenses of any maintenance or repairs
necessitated or caused by willfuL or negligent acts of an Owner, the Owner's family, invitees,
tenants or vendees shall be specifically assessed against the Lot of such Owner in the manner
provided herein. . All maintenance and repair of individual Living Units and garages shall be the
sole obligation and responsibility and expense of the individual Owners thereof, except to the
extent that the exterior maintenance and repair is provided by the Association. . The Association
shall be responsible for all damage done to the Lots and the improvements thereon in the course
of such maintenance and repair and shalLperfonn or pay for the restoration of and repairs to such
improvements.
ARTICLE VIII
Insurance and Reconstruction
8.1 Liability Insurance: Fidelity Bonds. The Board of Directors of the Association,
or its duly authorized agent, shall obtain a broad form of public liability insurance insuring the
Association, with such limits of liability as the Association shall determine to be necessary, against
all acts, omissions to act and. negligence of the Association, its employees and agents. The
Association's Board of Directors shall also provide fidelity bonds providing protection to the
Association against loss by reason of acts .of fraud or dishonesty on the part of the Association
Directors, managers, officers, employees or volunteers who are responsible for handling of funds
of the Association in an amount sufficient to provide no .less protection than one and one-half( I
1/2) times the estimated annual operating expenses and reserve of the Association.
8.2 Destruction and Reconstruction. In the event that a building or buildings containing
a Living Unit is partially or totally destroyed and in the further event that a decision is made by
the Owners of the Living Units in such building or buildings whose Living Units are affected by
such destruction or casualty to repair or reconstruct such building or buildings, then such repairs
or reconstruction must be substantially commenced no later than ninety (90) days following the
date upon which such decision has been made by such Owners. No such reconstruction or repairs
shall be commenced without (i) the unanimous written consent of all the Owners in the buildings
whose Living Units are affected by such destruction or casualty and (ii) the written approval of
the plans and specifications of the proposed _ repairs and reconstruction by. the Architectural
Control Committee.
8.3 Manner of Reconstruction.. On reconstructio~ the design, plan and specifications
of any building or Living Unit may vary from that of the original upon approval of the
Architectural Control Committee~ provided,. .however,. that. the. number of square feet of any
Living Unit may not vary by more than 5% from the number of square feet for such Living Unit as
originally constructed, and the location of the buildings shall be substantially the same as prior to
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the damage or destruction. All reconstruction costs and expenses shall be the sole obligation of
the affected Owners only, and shall not be assessed to any other Owners.
ARTICLE IX
Notice to First Mortgagees
9.1 Mortgagee's Rights. Notwithstanding any other provisions of this Declaration,
the Articles of Incorporation or the By-Laws of the Association, the provisions of this Article IX
shall control and in the event of a.conflict between the provisions of this Article and the provisions
of such Declaration, Articles, or By-Laws, the provisions of this Article shall control.
9.2 . Notice of Default. Any Mortgagee holding a first mortgage on a Lot,. and who shall
have previously filed a written request with the Association, shall be entitled to written notification of any
default by the mortgagor or Owner of such Lot, or his, or their, heirs, successors, or assigns, in the
payment of any assessments or the performance of any other duties or obligations herein set forth which
shall have remained in default fora period of thirty (30l-daysor more. The neglect or failure of the
Association to tender such notice to the Mortgagee shall toll the running of any time limits applicable to the
procedure for the collection of such assessment or remedies available to the Association on account of such
default. .
9.3 Consent Reauired. . Without the prior written approval of the Members entitledto cast
seventy-five (75%) percent of the votes of each class of membership, the Association shall not be entitled
to:
(a) .By act or omission,.seek..toabandon,.partition, subdivide,. encumber, sell or transfer
any property which the Association shall have acquired for the benefit of the Owners:
(b) Change the. method .of determining.the obligations,. assessm~ due or other .charges
which may be levied against a Lot;
(c) By act or omission, change,. waive or abandon the scheme of exterior and
Architectural controls, exterior maintenance, maintenance of parties walls, or lawn maintenance as herein
above set forth.
ARTICLE X
General Restrictions. Obligations
and Rights of Owners
10.1 Living Unit Restriction. No Living Unit shall be used for purposes other than as
a single family residence, nor shall any garage be used for or occupied as living or sleeping
quarters, nor shall any trade or business of any kind be carried on within a Living Unit or upon a
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Lot, nor shall any Lot or any part thereof be. leased, sublet, assigned or suffered to be used for
hotel or transient occupancy; provided, however, that none of the following activities shall be
considered to be in violation of these restrictions:
( a) The maintenance of a business and sales office by the Developer during the
construction and sale.periods.
(b) The maintenance of an office by the Association or its designated manager for the
purposes of management of the Property
( c) Lease or rental of a Lot for purposes consistent with this Section; provided,
however, that any such lease between an Owner and a lessee shall (i) be in writing, (il) state that
such lease is subject. to the restrictions. of this. Declaration, any Declaration of Easements
applicable. to such Lot and the Articles ofIncorporation and By-Laws of the Association and (iii)
state that the failure of the lessee to comply with such .restnction shall constitute an event of
default under such lease.
10.2 Prohibition of Damage and Certain Activities. Nothing shall be done or kept
on any Lot or any part thereof (i) to increase the rate of insurance on any other Lot over what the
Owner of such other Lot, but for such activity would pay, without the prior written consent of the
Association, or (ii) which would be in violation of any statute, rule, ordinance, regulation, permit
or other validly imposed requirement of any governmental body. No damage to, or waste of, the
Property or the buildings situated thereon, shall be committed by any Owner or any invitee of any
Owner and each Owner agrees to indemnify and hold harmless the Association and the other
Owners from and against all loss resulting from any such damage or waste caused by him or his
invitees. No noxious, destructive or offensive activity shalt be allowed on any Lot, nor shall
anything be done thereon which may be or may become an annoyance or nuisance to any other
Owner or to any other person at any time lawfully .residing on the Property.
10.3 Animals. No animals, rabbits, livestock, fowl or poultry of any kind shall be
raised, breed or kept in or upon any Lot or any part thereof, except that the Association may, by
regulation, rule or otherwise develop rules for the keeping of dog, cats or other household pets;
provided, however, that no such. pet shall he kept, bred or maintained for any commercial
purposes.
10.4 Signs. No signs of any kind shall be displayed to the public view on any Lot,
provided, however, one sign, if not more than five (5) square feet in area and which may only be
placed upon Private Yard Area of a Lot and which shall not be attached or affixed to a Living
Unit, may be used to advertise such Living Unit for sale or rent; provided, further, the Developer
reserves for itself and its agents;the right to maintain a business and sales office during the
construction and sales period and to place any advertising sign upon the Property during such
period.
10.5 Maintenance of Garages. All garage facilities, as originally erected by the Developer,
shall be retained as and used for a garage facility for the off-street interior storage of the vehicles
and no such facility shall be converted by construction or usage to any other purpose.
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10.6 Parking and Storage of Motor Homes and Recreational Vehicles. No motor homes,
recreational vehicles, trailers, boats, snowmobiles or other similar vehicles shall be parked, stored
of kept on any Lot unless such vehicle is kept entirely. within the garage facilities as originally
erected by the Developer; provided, however, any such vehicle may be temporarily parked or left
unattended by the Owner, his guests, invitees.and.visitors wholly or partially outside of the garage
facilities for a reasonable period of time, but not to exceed forty-eight (48) hours in any thirty
(30) day periodfor each such vehicle.
10.7 Prohibition UoonErection of Storage Sheds. No detached storage structures,
including, but not limited to, storage sheds, tool sheds or other outbuilding whose principal
intended use is the storage of goods or mat~rials, shall be erected, whether temporary or
permanently, upon any Lot, except by the Developer but only in connection with the initial
development and sale of the Property and, all such structures shall be removed by. the Developer
upon the completion thereof. Notwithstanding anything to the apparent contrary, the provisions
of this section shall prevail over the provisions of Section 7.1 hereof.
10.8 General Rules and Regulations. By acceptance of any deed or other conveyance ofa
Lot, each Owner delegates to the Association the right and power to adopt, amend. repeal and
enforce reasonable rules and regulations, of general application to all of the Lots in the Property,
relating to the use and conduct permitted on the Private Yard Area of each Lot. Each Owner
expressly agrees to observe such rules and regulations and to be bound thereby, and to prevent
the breech thereof by the members of such Owner's families, guests, invitees, lessees, contract for
deed purchasers and all other persons lawfully on such Owner's Lot with the Owner's consent.
Notwithstanding the foregoing~ any such rules and regulations must satisfy the following
requirements:
(a) All such rules and regulations must be consistent with the object and purposes
of this Declaration and shall be directed at protecting the value and desirability
of the residential community to be created on the Property and enhancing the
general welfare of the residents of such community, all as determined by the
Board of Directors of the Association in their sole discretion.
(b) All such rules and regulations may only be directed at activities occurring on
the Private Yard Area of each Lot and may not restrict the activities of any
residents of the community occurring within each Living Unit.
(c) . All such rules and regulations.shall.be uniformly applicable to aIlLots and all
Lots and all persons on the Property.
The Board of Directors of the Association shall have the sole authority to make, modify
and repeal any rules and regulations under this Section 10.8 and neither the members of the
Association nor the members of the Board of Directors shall be liable to anyone as a result of the
adoption, modification, repeal or enforcement of any rule or regulation made under this Section
10.8 if such action is taken by the Board of Directors in good faith. Without limiting the
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generality of the foregoing, the following subjects shall be proper objects of any rules and
regulations under this Section 10.8:
(a) . Storage of materials.
(b) Pets.
(c) . Use of recreational. equipment.
(d) Parking of vehicles.
( e). Garbage collection procedures.
(f) Lawn furniture.
(g) Motor vehicle repairs conducted outside of the garage.
ARTICLE XI
General Provisions
11.1 Enforcement. The Association or any Owner, shall have the right to enforce, by a
proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and
charges now or hereafter imposed by the provisions of this Declaration including,. but not limited
to, the collection of all assessments and the enforcement of all rules and regulations adopted by
the Association under Section 10.8. In the event that the Association should employ the services
of an attorney in connection with a breach of the terms hereofby a Member, his family, guests,
tenants or contract purchasers, or in connection with the enforcement of the terms hereof: and if
the Association shall prevail in any such action, such member shall pay, in addition to all other
sums due, the Association's reasonable attorneys' fees, costs and expenses. The failure by the
Association or by any Owner to enforce any covenant or restriction herein contained shall in no
event be deemed a waiver of the right to do. so thereafter. If these restrictions are enforced by
appropriate proceedings by anyone or more of such heretofore described persons, such persons
may be reimbursed by the Association for all or any.part of the cost incurred,. as.the Board of
Directors of the Association shall, in its sole discretion determine.
11.2 Access. Solely for the purpose of performing the maintenance authorized by this
Declaration, the Association through its duly authorized Agents or employees, shall have the
right, after reasonable notice to the.Owner,..to enter upon any Lot..
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11.3 Severability. The invalidation of any one of these covenants or restrictions by
legislation, judgment or court order shall in no way affect any other provision which shall remain
in full force and effect.
11.4 Amendments. The provisions of this Declaration may be amended during the first
twenty (20) years by an instrument signed by Members entitled to cast no less than ninety (90%)
percent of the membership votes, and thereafter by an instrument signed by Members entitled to
cast no less than seventy-five (75%) percent of such votes. No amendment shall be effective until
it shall have been properly recorded.
11.5 FRANA Approval. As long as there are Class B Members, the following actions
shall require the prior approval of the Federal Housing Administration or the Veteran's
Administration: . Annexation of additional properties and the amendment of this Declaration of
Covenants, Conditions and Restriction.
11.6 Limitation on Declaration.. The covenants, restrictions, conditions and reservation
imposed or established by or created under this Declaration shall run with and bind the Property
for a period of thirty (30) years from the date of the recordation of this Declaration and may be
enforced as provided in Section 11.1 herein above. After the expiration of said thirty (30) year
period, all of such covenants, restrictions, conditions and reservations shall automatically continue
to run with and bind the Property for successive periods often (10) years each unless revoked,
changed or amended in whole or in part, by an instrument signed by not less than seventy-five
(75%) of the Lot Owners. Any amendment must be recorder.
IN WITNESS WHEREOF , the undersigned has caused this document to be executed
as of the day and year first above written.
OMEGA DEVELOPMENT, INC.
By:
Jerome Allan Hertaus
President.
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,
STATE OF MINNESOTA)
) SS
COUNTY OF HENNEPIN
On this. day of 19 ---' before me, a Notary Public within
and for said County, appeared Jerome Allan Hertaus, to me personally known, who being by me
duly sworn, did say that he is the President of OMEGA DEVELOPMENT, INC., that the seal
affixed to the foregoing instrument is the corporate seal and said corporation, and that said
instrument was executed on behalf of said corporation by authority of it Board of Directors and
the said JEROME ALLAN HERT ADS acknowledged said instrument to be the free act and deed
of said corporation.
Notary Public
This document was drafted by:
Omega Development, Inc.
4100 Berkshire Lane North
Plymouth, Minnesota. . 55446
,
,
, ~
EXHIBIT "A"
PROPERTY DESCRIPTION
Lots 1 through 4, inclusive, Block 1;
all in Manitou Woods Plat One, according.to the plat thereof of record and on file in the
Office of the Registrar of Titles in and for Hennepin County, Minnesota and all of which is
situated in said County.
t
.
,
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 · (612) 474-3236
MEMORANDUM
TO:
Mayor and City Council
Jim Hurm, City Administrator
9t~,
Larry Brown, Director of Public Works ~
December 11, 1996
FROM:
..
DATE:
RE: Acceptance of Public Improvements Waterford Fourth Addition
Attachment one to this report is a letter from David Carlson Companies, developer for the Waterford
Fourth Addition, requesting acceptance of the public portion of the improvements for the subdivision.
It has been a matter of practice for the City of Shorewood that the final lift of bituminous wear be placed
the following year after the roadway and utility improvements are completed. This allows frost heaves
and settlements to occur and be repaired prior to placing the final lift of bituminous. This results in a
longer lasting roadway and one that has a better appearance to the surrounding area.
.
Waterford Fourth Addition is a unique situation in that the public portion of the improvements have
actually been finished well over the year period. At the developer's request, the final wear was
postponed while the finances could be attained by the developer to place the final lift of bituminous.
During this time, the developer was required to maintain. the public portion of the improvements.
At last, the final lift of bituminous has been placed and inspected in accordance to the development
agreement. In turn, the developer has posted a one year warranty bond for the wear course and has
submitted a letter of request for the City of Shorewood to take ownership of the streets, sanitary sewer,
storm sewer and roadway improvements. As part of the agreement, the developer must supply the City
of Shore wood with a VHS video tape of the sanitary sewer to insure the integrity of this utility. It is
estimated that the cost for televising this system is at $1,500.
Therefore, staff is recommending that the public portion of the improvements be accepted contingent
upon the current letter of credit be reduced to $1,500. A resolution is attached for your consideration.
Ial>II C:,"",,"I..ufd4.doc
A Residential Community on Lake Minnetonka's South Shore
#3e..
,
~~(C~ll~~~\\
I~ NOV 41996 g/\
By
.
.
DAVID CARLSON
COMPANIES INCORPORATED
8301 CREEKSIDE CIRCLE #101. BLOOMINGTON. MN 55437-3839
Phone (612)830-9075; Fax (612) 83()..9062
October 30,1996
Shorewood City Council
c/o Brad Nielsen
Planning Director
City of Shorewood
5755 Country Club Road
Shorewood, MN 55331
Re: Letter of Credit # 2894 from Central Bank dated June 19, 1996 through June
19, 1997.
Dear Council members.
We have completed the work pertaining to the Letter of Credit for the Waterford
T ownhome Project. The work specifically included incomplete sod, trees, and the
final layer of asphalt (wear coat) for Waterford Court. We wish to request the City to
inspect the completed work, accept the improvements, and release the present
Letter of Credit of $30,000.00.
A maintenance bond is under preparation for 100% of the overlay cost, for a
duration of one year, and effective November 1, 1996.
Sincerely,
9aytp garlson coAa. nies. Inc.
V I...lk- b < ~ 0
Mark D. Flis .
Construction Manager
cc: Scott Clements, Ken Kadash; David Canson Companies, Inc.
Doug Teich; Central Bank, Eden Prairie
ATTACHMENT 1
4
.
.
CITY OF SHOREWOOD
RESOLUTION NO. 96-
A RESOLUTION ACCEPTING STREETS, SANITARY SEWER,
STORM SEWER, AND WATERMAIN IN THE PLAT
OF WATERFORD 4th ADDITION
WHEREAS, on April 29, 1993, the City of Shore wood entered into an Agreement
with David Carlson Companies, Inc., for the development of certain property known as
Waterford 4th Addition; and
WHEREAS, Paragraph 7, subpart 1 of said Development Agreement provided for
the Developer to construct and install certain enumerated improvements within the plat of said
property, which improvements included street grading, stabilizing, and bituminous
surfacing, concrete surmountable curbs and gutters, sanitary sewer mains and laterals, storm
sewer and surface water drainage facilities, watermains and service connections, street signs
and traffic control signs and required landscaping; and
WHEREAS, Paragraph 1, subpart 12 of said Development Agreement provided for
such improvements to be subject to a final inspection by the City Engineer; and
WHEREAS, Paragraph 13, subpart 1 of said Development Agreement provided for
the conveyance of said improvements to the City by the Developer and for the acceptance by
the City of such improvements; and
WHEREAS, the Developer has completed construction and installation of the street
grading, stabilizing, and bituminous surfacing, concrete surmountable curbs and gutters,
sanitary sewer mains and laterals, storm sewer and surface water drainage facilities,
watermains and service connections, street signs and traffic control signs and required
landscaping, and such improvements have been inspected by the City Engineer and found to
be in compliance with the applicable plans and specifications, and
WHEREAS, the Developer is desirous of conveying said. improvements to the City,
and the City is desirous of accepting said improvements from the Developer.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
1. That the City hereby accepts from the Developer the streets, bituminous
surfacing, concrete surmountable curbs and gutters, sanitary sewer mains,
storm sewer and surface water drainage facilities, watermains, street signs
and traffic control signs.
2. That the Developer shall cause a maintenance bond to be furnished
naming the City as obligee for the full cost of the [mal lift of
bituminous asphalt, to be in effect for a period of one year from the
date of acceptance hereof.
.
.
.
.
3. That the Developer shall provide the City a VHS televised inspection
of all sanitary sewer lines within a period of thirty (30) days prior to
the expiration of said one year period.
4. That the Developer shall provide the City with a $500.00 security
prior to release of tlie currenf security agreements with the City , until
such time as said VHS televised inspectIon tape has been delivered to
the City Engineer.
ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 16th day of
December, 1996.
Robert B. Bean, Mayor
ATTEST:
James C. Hurm, City Administrator
t'.-
.
MEMORANDUM
.
TO:
FROM:
DATE:
RE:
FILE NO.
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 · (612) 474"3236
Mayor and City Council
Brad Nielsen
13 December 1996
Larson Estates - Extension of Deadline to Submit Final Plat
405 (96.09)
Carl Zinn, on behalf of Stephen Larson, has requested an extension of the deadline to
submit a fmal plat for Larsons Estates, a three-lot subdivision on Radisson Road. The .
preliminary plat was approved at the end of June 96. Section 1202.04 Subd. 1.a. provides
for such extensions. According to his letter, attached, Mr. Zinn states that some of the title
work, particularly as it pertains to use of the infamous Lot 11, is taking longer than
expected.
It is recommended that the extension be granted with a condition that the fmal plat be
submitted no later thaIi 24 June 1997.
.
cc: Jim Hurm
Tim Keane
Larry Brown
Stephen Larson
Carl Zinn
A Residential Community on Lake Minnetonka's South Shore
6. F~
m,
.
BURNET
RIALfY
Minnetonka Office
19400 Highway 7
Excelsior, MN 55331
612/474-2525
Fax 612/474-9583
November 21, 1996
.
Mayor Robert B. Bean
and
Shorewood City Council
and
Brad Nelson,
City Planning
City of Shorewood
5755 Country Club Road
Shorewood, MN 55331-8927
FR: Carl Zinn, Applicant, on behalf of Stephen and Cindy Larson, Owners.
RE: REQUEST FOR A 90 DAY EXTENSION FOR THE FILING OF THE FINAL
PLAT OF THE LARSON SUBDIVISION ADDITION.
Dear Mr. Nielson,
On behalf of the owners, Steve and Cindy Larson I request a 90 day extension in which to
file the fmal plat. The title work is taking longer than expected.
Please let me know how to proceed with their request.
Sincerely,
Carl Zinn 474-4444
Applicant
[BG)
,
.
.
CITY OF SHOREWOOD
RESOLUTION NO.
A RESOLUTION GRANTING DOCK VARIANCES TO ROBERT MELLET
WHEREAS, Robert Mellet (Applicant) is the owner of real property located at 4435
Enchanted Drive, in the City of Shorewood, County of Hennepin, legally described as:
"Lot 14, Block 2, Enchanted Gardens, Hennepin County, Minnesota."; and
WHEREAS, the Applicant's two abutting neighbors, Mike Hajicek and Dave Skrien own
Lots 13 and 15, Block 2, Enchanted Gardens, respectively; and
WHEREAS, the Applicant and his neighbors have applied to the City for a side yard
setback variance, a dock length variance and a variance to allow three families to share one dock;
and
WHEREAS, the Applicant's request was reviewed by the City Planner, and his
recommendations were duly set forth in a memorandum to the Planning Commission dated
1 November 1996, 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 6 November 1996, the minutes
of which meeting are on file at City Hall; and
WHEREAS, the Applicant's request was considered by the City Council at their regular
meeting on 25 November 1996, at which time the Planner's memorandum and the minutes of the
Planning Commission were reviewed and comments were heard by the Council from the City
staff.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
FINDINGS OF FACT
1. That the property is located in the R-1CIS, Single-Family ResidentiallShoreland
zoning district and is subject to the requirements of the Lake Minnetonka Conservation District
(LMCD).
2. That the R-1CIS District and the LMCD Code require docks to be located at least 10
feet from the side lot of the property extended into the lake, and the Applicant proposes to cross
over his extended side lot line, while maintaining a lO-foot setback from Lot 12 to the north.
3. That the R-1C1S District and the LMCD Code limit docks to 100 feet in length, and
the Applicant proposes a dock which is approximately 340 feet long, in order to extend through
large reed bed to open water.
4. That the Shorewood Zoning Code limits the number of families using a dock to
one, that being the residents of the property on which the dock is located.
5 . That the Applicant proposes to share the dock with his two abutting neighbors,
subject to a Declaration of Easement, a copy of which is attached hereto as Exhibit A and made a
part hereof.
3-G:
2
6. That the LMCD has approved the variances for side yard setback and length.
7 . That the sharing of a single dock eliminates the necessity for the Applicant's
neighbors to construct lengthy docks in order to reach open water.
CONCLUSIONS
1 . That the Applicant has satisfied the criteria for the grant of a variance under Section
1201.05 of the Shorewood City Code and has established an undue hardship as defined by
Minnesota Statutes Section 462.375, Subd. 6(2).
2. That based upon the foregoing, the City Council hereby grants the Applicant's request for a
variance to construct a dock which will be shared by the two abutting neighbors.
3 . That the variance is granted subject to the following conditions:
a. The Applicant and his neighbors must execute and record the Declaration of Easement,
attached hereto as Exhibit A.
.
b. The dock configuration will be as shown in Exhibit B, attached hereto and made a part
hereof.
c. The owner of Lot 13 shall not use the dock until such time as a home is constructed on
the lot.
d. No boat canopies will be erected over the dock.
e. The number of boats to be kept at the dock shall be limited to three, one for each of the
Applicant and his two abutting neighbors.
f. The maximum length of each dock slip shall be 25 feet.
g. No additional dock structures shall be placed on Lots 13, 14 and 15, Block 2,
Enchanted Gardens.
.
4. That the City Clerk is hereby authorized and directed to provide a certified copy of this
Resolution for f1ling with the Hennepin County Recorder or Registrar of Titles.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 16th
day December 1996.
Robert B. Bean, Mayor
ATTEST:
James C. Hurm, City Administrator/Clerk
. .
.
(--
,.~.,....
{
DECLARATION OF EASEMENT
THIS DECLARATION OF EASEMENT ("Easement"') is made and entered
into this
day of
~ t 996? by and between David Slaicn and Dee
Skrien, husband and wife (the "Skriensj, Robert B. Mellett and Susan M. Mellett,
husband and wife (the "'Melletts"), and Michael Hajicek, single ("Hajicek j. The Skrleru;,
the Mellett:s and Hajicck may be refem:d collectively as the "Owners";
WHEREAS, the Skriens arc the owners of the tract of land in Hennepin County,
Minnesota, legally described as:
Lot 15,. Block 2, Enchanted Gardens
("'Lot 15"); and
~. the Melletts are the owners of the-tract ofland in Hennepin County,
~S'Ota, legally described as:
Lot 14, Block 2, Enr-h~nted Gardens
. ("Lot 14"); and
WHEREAS, Hajicc:k is the owner oftbe tDct of land in Hennepin Count)',
Minn~ legally described as:
Lot 13, Block 2, Enclutnted Gardens
("Lot 13"); and
WHEREAS, Lot 15. Lot 14 and Lot 13 are contiguous; and
WHEREAS. the SmellS,. the Melletts and rIajicek wish to enter into this
Easement pursuant to the terms and conditions contained herein;
Exhibit A
survey prepared by
and dated
~
(
r
NOW, THEREFORE~ the Skriens~ the Melletts and Hajicek, for good and
valuable consideration. including the mutual promises contained hetein, do hereby agree
as follows:
1. The Owners do hereby declare an easement through, over, across and upon
that portion of Lot 13, Lot 14 and Loc. 15 lying to the ~tofa1inewbichis ten (10) teet
west of the 929.4 co~ur line (the "Easement Area"), as shown on the topographic
. 19--, a reduced copy of which is attacMd hereto as Exhibit A. This Easement.shall be
for the purpose of constructing. installing. mainrninin~ repairing and use of a dock for
the use and benefit of the Owners and their respective successors, heirs and assigns.
2. All costs and expenses relating to, or arising out at the installation,
construction, maintenance and repair of the dock shall be paidone-tbird (1/3) by the
Skriehs, one-third (1/3) by the Melletts and one-third (113) by Hajicek, including, but not
"
limited to, all costs and expenses in connection with installation and construction of the
.
dock. and all costs and expenses incUIICd in connection with any necessary m~int~mtce~
repair or replacement of all or a part of the dock from time to dine.
3. The Owners shall not make any altcratio~ additions or improvements in
or to the dock: or the Easement Area without the express, written consent of all of the
Owners, and none of the Owners shall incur indebtedn~, fOr maintenance., repairs or
improvement of the dock or the Easement Area without the express~ written consent of all
of the Owners.
2
(
co,'
4. Any and all disputes under this Easement shall be resolved by arbitration
under the auspices of the American Arbitration Association (the "AAA") in accordance
with the rules then in effect by the AM relating to real estate disputes. The venue for
such arbitration sba11 be in Hennepin County, Minnesota, or in such other location
mutually agreed upon by and between the Owners.
S. All of the terms of this Easement shall be binding upon, inure to the
benefit a( and be enforceable by.. the Owners and their respective successo~ heirs and
. assigns.
6. This Easement may be modified, amended or terminated only by a writing
signed by all of the Owners or their respective successors, heirs and assigns.
7. This Easement shall be governed by the laws of the state of Minnesota.
8." This Easement may be executed in counterparts, each of which shaH be an
."
origiriaJ, but all of which shall be deemed to be one and the same instnlment. ,
IN WITNESS WHEREOF, the parties hereto have executed this Easeme~
.
effective on the day and year flTSt above written.
David Skrien
Dee Skrien
(SIGNA 11JRES CONTINUE)
3
.
.
{
(~
Robert Be Mellett
Suo M. MeUeU
Michael Hajicek
STATE OF MINNESOTA )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
,. . 1996. by David Skrien and Dee Slaien, husband and wife.
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF ')
The foregoing instrument was acknowledged before me this day of
. 1996, by Robert B. Mcnett and Susan M. Mellett, husband and wife.
Notary Public
4
(~
STATE OF MINNESOTA )
) SSe
COUNTY OF )
The foregoing instrument was acknowledged before me this
. 1996, by Micbacl Hajicek, single.
f
Notary Public
.
,.
,.
.
THIS INSTRUMENT WAS DRAFl'EJ) BY:
Malcolm G. McDonald
Of MOORE, COSTELLO & HART. P.l-L.P.
1400 Nocwest Center
55 Ea:st Fifth Street
St. Paul. MiImesotl 55101-1192
T~lcphCJW::: (612) 227-7683
5
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Exhibit B
.
.
CITY OF SHOREWOOD
RESOLUTION NO.
A RESOLUTION GRANTING A VARIANCE TO THE SHORELAND
DISTRICT HARDCOVER REQUIREMENTS
TO JON MILLER
WHEREAS, Jon T. Miller (Applicant) is the owner of real property located at 21125
Minnetonka Boulevard, in the City of Shorewood, County of Hennepin, legally described as:
"Lots 13, 14, and 15, Block 12, Minnetonka Manor, Hennepin County, Minnesota."
WHEREAS, the Applicant has applied to the City for a variance to the maximum
hardcover requirements of the Shoreland District to construct a single-family residence; and
WHEREAS, the Applicant's request was reviewed by the City Planner, and his
recommendations were duly set forth in a memorandum to the Planning Commission dated
4 November 1996, 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 6 November 1996, the minutes
of which meeting are on file at City Hall; and
WHEREAS, the Applicant's request was considered by the City Council at their regular
meeting on 25 November 1996, at which time the Planner's memorandum and the minutes of the
Planning Commission were reviewed and comments were heard by the Council from the City
staff.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
FINDINGS OF FACT
1. That the property is located in the R-ID/S, Single-Family Residential/Shoreland
zoning district and contains approximately 17,360 square feet of area.
2. That the R-ID/S district limits the amount of hardcover or impervious surface on
Shoreland District lots to 25 percent.
3 . That the Applicant's plans propose to cover approximately 5965 square feet of the
lot (34.4 percent) with impervious surface.
4. That the lot is characterized by steep topography on its east side, abutting
Minnetonka Boulevard, which currently creates erosion problems.
5 . That the slope of the property necessitates a driveway design which covers
approximately 3450 square feet of the lot, in order to maintain a safe grade on the driveway.
6. That the Applicant's plans include replacement of trees, consistent with
Shorewood's Tree Preservation and Reforestation policy, plus significant landscaping around the
proposed residence.
3,H,
.
.
:..
7 . That the proposed home has been designed with a tuckunder garage to minimize the
amount of hardcover on the site.
8 . That the Applicant's proposed plans comply with the setback requirements of the R-
1D/S zoning district.
9. That the Zoning Code cites exceptional topographic conditions as a physical
constraint which may justify the granting of a variance.
10. That the topography of the lot was not created by the Applicant.
CONCLUSIONS
1 . That the Applicant has satisfied the criteria for the grant of a variance under Section
1201.05 of the Shorewood City Code and has established an undue hardship as defined by
Minnesota Statutes Section 462.375, Subd. 6(2).
2. That based upon the foregoing, the City Council hereby grants the Applicant's request for a
variance to cover approximately 34.4 percent of the lot to construct a single-family residence on the
lot.
3. That the granting of the variance is subject to the following conditions:
a. The Applicant's plans for grading, drainage and erosion control must be approved by
the City Engineer.
b. The Applicant must complete his proposed landscaping by 16 December 1997.
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 16th
day December 1996.
Robert B. Bean, Mayor
ATTEST:
James C. Hurm, City Administrator/Clerk
2
.
.
'..
7. That the proposed home has been designed with a tuckunder garage to minimize the
amount of hardcover on the site.
8. That the Applicant's proposed plans comply with the setback requirements of the R-
1D/S zoning district.
9. That the Zoning Code cites exceptional topographic conditions as a physical
constraint which may justify the granting of a variance.
10. That the topography of the lot was not created by the Applicant.
CONCLUSIONS
1 . That the Applicant has satisfied the criteria for the grant of a variance under Section
1201.05 of the Shorewood City Code and has established an undue hardship as defined by
Minnesota Statutes Section 462.375, Subd. 6(2).
2. That based upon the foregoing, the City Council hereby grants the Applicant's request for a
variance to cover approximately 34.4 percent of the lot to construct a single-family residence on the
lot.
3 . That the granting of the variance is subject to the following conditions:
a. The Applicant's plans for grading, drainage and erosion control must be approved by
the City Engineer.
b. The Applicant must complete his proposed landscaping by 16 December 1997.
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 16th
day December 1996.
Robert B. Bean, Mayor
ATTEST:
James C. Hurm, City Administrator/Clerk
2
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD. SHOREWOOD. MINNESOTA 55331-8927 · (612) 474-3236
:MEMORANDUM
TO: Mayor and City Council
Jim Hurm, City Administrator
FROM:
.
DATE:
RE: Well Maintenance - Southeast Area Well
The Ten State Standards for Safe Drinking Water recommend that deep wells be pulled and examined at
an interval of five to seven years. The Southeast area well is long overdue for inspection since it was
installed in 1986. This project has been budgeted as part of the 1996 Capital Improvement Program.
It is critical that deep wells be pulled at regular intervals to avoid unforeseen interruption in water service.
Items such as stray voltage, corrosion, and hard water all cause deterioration of the well. Therefore, it
becomes necessary to remove the well and refurbish any. deterioration.
.
This is accomplished by pulling the well late at night while water demand is minimal and the water tower
has been filled to capacity. A temporary well is then placed in the well casing such that the existing well
can be transported back to the service shop for detailed inspection and repairs if required. Since the
water tower is full during this procedure, the customer will not have any interruption of the supply of
water. Once inspected and repaired, the well is re-installed using the same procedure. Pulling of the well
and installation of the temporary well usually takes 8 hours. .
The City of Shorewood has received ~ quote from E.H. Renner & Sons for the above services in the
amount of $3,775.. In addition, unit prices are listed for any repair items that can be anticipated. Once
the well and pump are tom down, and inspected, representatives from Munitech and staff will meet with
the contractor to examine worn parts and discuss the estimated repairs.
The City of Shorewood is very familiar with the quality of work provided by E.H. Renner & Sons. Unit
prices provided have been reviewed and found to be in order with market values for such work. Since we
are entering the holiday period, it is suggested that this work be scheduled towards the end of December
of this year, or early in January, dependent upon the contractor's availability.
A Residential Community on Lake Minnetonka's South Shore
tI 3 j
.
.
Mayor and City Council
Proposed Contract S.E. Area Well
December 11, 1996
Page 2 of2
Since the unit prices provided appear very reasonable for the given work, and the contractor is known to
provide quality work in this area of expertise, staff is recommending approval of the contract for
maintenance of the Southeast Area Well to E.H. Renner and Sons in accordance to Attachment One.
b1bk C:\ccqllsISEWdl.do<
.: ..
NOY-18-96 MON 10:14 AM MUNITECH INC
l H. Renner' S,'S
INCORPORATED
612 472 57_94
P.02
WELt. DRILLiNG FOR FOUR GENERATIONS
1~G88 JARVIS STREff N.W. I ELK RIVER, MN 55330
PHONE: (612) 427.6100 I FAX; (612) 427.0533
.
.
19~5ep-96
City of Shorewood
Attn: Bob Polston
MUDi 'reo
2373 Nilshire Blvd.
Hound. H!f 55364
JJ
Re: Haterford Deep Hell Pump
Subject: Repair Eatimate
Dear Bob
As requested the following is the anticipated cost to remove and
reinstall South East Area Pump. I have not included the cost to repair
the pump, bu~ 1 have included the unit price of the pump repair parts.
Pump Repair Work
2. Remove Pump and Check Nell Depth
Operator 9 Hrs.
Helper 8 Hrs.
10-T Pump Rig 7 Brs.
3. Dia.8semble Bowl Assemb17
Shop - operator
Shop - Helper
4. Repa~r M.terial
A. Packing-(l)*
B. Paoking Box Bushing-(1)
C. Head Shaft-(l)
D. Top Column 1011 .322 TBB-(l)
E. Int. Column 10" .322 '1'&C-(9)
F. Bot. Cot umn 10" .322 T&C- (1)
G. Top Shaft 1.5" .416 T&C-(l)
H. Int. Shaft 1.511 1045 steel
with Sleeve T&C-(9)
t. Bot. Shaft 1.511 1045 Steel
with Sleeve T&C-(l) 0 Ea.
J. Retainers W/Bearings-(lO) 0 Ea.
K. Rubber Bearings-(IO) 0 Ea.
M. Suction Pipe-ell 0 Ea.
N. Bowl Shaft-ell 0 Ea.
O. Bowl Bearings-(l) 0 Sot
P. ~ear Rings-(7) 0 Ea.
Q. Motor Repai~s - As Quoted After ~orn Down
* Maximum Possible Repair Parts
Description
100 ft. 10"(.322) x 1.51'
1. Overhaul a.A. Valve lOR
Material
Labor
Qty Units
Price Extension
$ 850.00 $ 850'.00
40.00 320.m
50.00 400m
40.00 320m
85.00 595.ro
40.00 80 .ro
40.00 80 AD
24.00
60.00
250.00
158.00
246.00
185.00
190.00
108.00
1 L.S.
e Hrs.
2 Hrs.
2 Hrs.
0 L.S.
0 Ea.
0 Ea.
0 Ea.
0 Ea.
0 Ea.
0 Ea.
0 Ea.
85.00
49.00
12.00
260.00
200.00
145.00
145.00
By Motor Repair
ShOp
An Equa' Oppol1Ultify Empto,.,
ATTACHMENT 1
..
.
.
NOV-18-96 MON 10:15 AM MUNITECH INC
Page 2
City of Sbor~wood
Waterford Deep Hell Pump
5. Assemble Bowl As~embly
Shop - Operator
Shop - Helper
7.Install Pump and Chlorinate
Operator
Helper
10-T Pump Rig
Flat Bed
Kno1n1 Cost To
612 472 5754
2 Hrs.
2 Brs.
40.00
40.00
50.00
40.00
85.00
165.00
P.03
80 .ro
80 .ro
450 jJ)
360 JD
680m
~_~301J)
$3..715.00
Alt~~- Replaoe j.jneshaft Jlith staiA.~s ste~l Rather then Steeh
1. Int. Shaft 1.5" .416
Stainless Steel T&C-(9) 0 Ea. $240.00
2. Bot. Shaft 1..5"' .416
Stainless Steel T&C.(l) 0 Ea. 190.00
9 Hra.
9 HJ:'s.
8 Hrs.
2 Days
Date
Altern~te~2 - Remove Fill Prom Bottom o~ Hell I~quir~d.
1. Mobilization of Equipment 0 L.S. (; 800.00
2. Bail Nell 0 Krs. 120.00
3. Build and Tear Down Pit to
Air Lift for Sand Removal
4. aaul Sand from Site
5. F&I Air Lifting Equipment
6. Air Lift Sand
7. F&I Test Pump
8. Test. Pump
9. Demobilizat.ion of Equipment
o L.S.
o Hrs.
o Ea.
OUrs.
o L.S.
o Hrs.
o L.S.
900.00
80.00
900.00
lBO.OO
1100.00
54.00
800.00
om
om
$ om
om
OJ>>
OLD
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0.00
om
OJD
0.00
If you have que~tions on the above please contaot me at my office,
phone 427-6100.
Si...no~.relY ~ or
(.~.~t~
~y A\1~s Sa e8 Engineer
K.H. Renn~t" & Sons, Inc.
License '71015
CITY OF SHOREWOOD
RESOLUTION NO. 96-
A RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS AND
CLOSING FUND NO. 95, 1989 IMPROVEMENTS AND REFUNDING AND
TRANSFERING RESIDUAL BALANCE, AND AMENDING THE
1996 BUDGET
WHEREAS, the City Council has levied for, and budgeted the transfer of monies for
capital improvements and purchases; and,
WHEREAS, the debt serviced by Fund No. 95, 1989 Improvements and Refunding,
has been fully retired; and,
WHEREAS, certain expenditures were authorized for the procurement of computer
software shich were not inc1udedin the original 1996 Budget.
THEREFORE, BE IT RESOLVED by the City Council of Shorewood that the
following amounts are hereby authorized to be transferred between the following funds:
.
TRANSFER FROM
Street Reconstruction Fund
Street Reconstruction Fund
Sanitary Sewer Fund
Public Facilities Fund Park
TRANSFER TO
Water Fund
Trail Fund
Water Fund
Trail Fund
AMOUNT
$206,350
9,500
3,800
15,000
$234,650
BE IT FURTHER RESOLVED that the residual balance of Fund No. 95, 1989
Improvements and Refunding, be distributed to the following funds in the following amounts:
FUND
49"=Senior Community Center
63 - Stormwater Management
91 - 1993 Improvements
97 - Shady Hills Drainage
AMOUNT
$49,500
$100,000
10,000
1,450
.
will all remaining residual balance distributed to Fund No. 40, Public Facilities and
Equipment Fund.
BE IT FURTHER RESOLVED that the following budget amendments are hereby
authorized and approved:
ACCOUNT
Capital Outlay - Engineering
Contingency
Net change in 1996 Budget
AMOUNT
$3,225
(3,225)
-0-
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 16th day
of December, 1996.
Robert B. Bean, Mayor
ATTEST:
James C. Hurm, City Administrator
#33
".
AGREEMENT
This Agreement, made and entered this 16th day of December, 1996, by and between the City
of Shorewood, a Minnesota Municipal Corporation, hereinafter referred to as "City", and James C. Hurm,
hereinafter referred to as "Hurm".
WITNESSETH:
WHEREAS, the City desires to continue the employment of Hurm as its City
Administrator/Clerk; and
WHEREAS, Hurm desires to continue in the employment of the City of Shorewood as its City
Administrator/Clerk; and
WHEREAS, both parties desire to establish the terms of this continued employment;
IT IS HEREBY AGREED AS FOLLOWS:
1 . Position. The City of Shorewood agrees to continue to employ Hunn as its City
. Administrator/Clerk through 1997 . Hurm agrees to devote his full business time and best efforts to the
City, and to engage in no outside business activities without fIrst having notifIed the Mayor or Acting
Mayor or designated substitute in the Mayor's absence. Hurm further agrees to perform the duties of City
Administrator/Clerk as set out in the Shorewood City Code. Additionally, it is understood that Hurm may
be required to perform such other duties as may be required of him by the City Council from time to time.
2. SALARY. The City agrees to pay Hurm a salary of $62,063 per year beginning January
1, 1997, in equal biweekly installments, and at such rate thereafter as may be fIxed by the City Council.
The City Council agrees to conduct at least one performance review of Hurm each year. Hurm's salary
will be reviewed each year in accordance with the salary review of other City employees and in accordance
with the City's comparable worth plan.
3. DEFERRED COMPENSATION. The City shall execute the necessary documents and fIle
the required forms with the State to allow Hurm to continue enrollment in a deferred compensation plan
selected by Hurm and approved by the City Council. The City agrees to contribute an amount equal to the
percentage the City would otherwise pay to PERA on behalf of Hurm.
. 4. VACATION. SICK I ,RAVE AND OTHER LEAVE. Hurm shall accrue vacation during
his period of employment at a rate of 15 days per calendar year. Other sick leave and leaves shall be
treated as set out in the Employee Relations Handbook.
5. HOLIDAYS. The City will provide to Hurm the same standard holidays as enjoyed by
other supervisory employees as set out in the Employee Relations Handbook.
6. INSURANCE. The City will pay a total of $370.00 per month toward hospital, medical,
and other insurance coverage of Hurm's choice.
7. DUES AND SUBSCRIPTIONS. The City agrees to budget and pay the professional dues
and subscriptions for Hurm which are reasonable and necessary for his continued participation in national,
regional, state and local associations and which are desirable for his continued growth and advancement
and deemed to be in the best interests of the City. The City agrees to pay for the cost of active membership
in the Excelsior Rotary Club (dues and meals).
#3K
"
Page 2- Hurm Agreement
8. PROFESSIONAL DEVELOPMENT. The City agrees to budget for and to pay reasonable
travel and subsistence expenses for Hurm to attend professional meetings and conventions consistent with
his professional development and official duties. Hurm will use good judgment in his outside activities
and will not neglect his primary duties to the City. . The meetings and conventions Hurm may attend
include, but are not limited to, the following: International City Management Association, League of
Minnesota Cities and Minnesota City Manager's Association Conferences. Approval and payment of
convention expenses shall be subject to annual budget limitations of the City.
The City also agrees to budget for and to pay reasonable travel and subsistence expenses for Hurm
to participate in courses or seminars that are necessary for his professional growth and which are deemed
by the Council to be in the best interests of the City.
9. TERMINATION AND SEVERANCE PAY. The City may terminate Hurm at any time,
with or without cause. In the event that Hurm is terminated by the City Council during such time that
Hurm is willing and able to perform the duties of City Administrator/Clerk, then in that event, the City
agrees to pay Hurm as severance pay a lump sum cash payment equal to three months aggregate salary
plus one additional week's salary for each full year of service on the date of termination. All such
severance pay shall be without a matching deferred compensation payment. In addition to said severance
pay, Hurm shall be paid for any unused vacation. No compensation shall be given Hurm for any unused .
sick leave. However, in the event Hurm is terminated because of his conviction for a felony or for any
illegal act involving personal gain to himself, then the City shall have no obligation to pay Hurm the
severance payor the unused vacation pay provided for in this paragraph.
In the event Hurm voluntarily resigns his position with the City, Hurm agrees to give the City 30
calendar days advance notice. In such event no severance pay shall be paid to Hurm, however, Hurm
shall be paid for any unused vacation pay and sick leave at the same rate allowed other. supervisory
employees with similar longevity.
10. GENERAL EXPENSES. The City recognizes that certain reasonable expenses of a non-
personal and job affiliated nature will be incurred by Hurm. The City agrees to reimburse or to pay said
reasonable expenses, subject to prior Council approval.
11. HOURS OF WORK. It is understood that the position of City Administrator/Clerk
requires attendance at evening meetings and occasionally at weekend meetings. It is understood by Hurm
that additional compensation and compensatory time shall not be paid by the City for any such additional .
expenditures of time, except that Hurm may absent himself from the office to a reasonable extent in
consideration of the extraordinary expenditures of time for evening and weekend meetings held outside of
normal working hours.
12. AUTOMOBILE. Hurm shall use his own automobile for City business and the City shall
reimburse Hurm for the business use of his personal automobile on a per mile basis and at a rate equal to
the rate used for reimbursing all City employees for business use of a personal automobile.
13. GENERAL CONDITIONS OF EMPLOYMENT. Nothing in this Agreement shall
prevent, limit, or otherwise interfere with the right of the City Council to terminate the services of Hurm at
any time, for any reason, subject only to the provisions of this Agreement. Furthermore, nothing in this
Agreement shall prevent, limit, or otherwise interfere with the right of Hurm to resign at any time from his
position with the City, subject only to the provisions of this Agreement.
14. If any provision, or any portion thereof, contained in this Agreement is held to be
unconstitutional, invalid or unenforceable, the remainder of this Agreement or a portion thereof, shall be
deemed severable and shall not be affected and shall remain in full force and effect.
~
Page 3- Hurm Agreement
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the
day and year fIrst above written.
CITY OF SHOREWOOD
ATIEST:
By: Robert B. Bean, Mayor
James C. Hurm, Employee
.
.
.
.
CITY OF SHOREWOOD
RESOLUTION NO. 96-
A RESOLUTION AMENDING THE HEALTH CARE REIMBURSEMENT
PROGRAM PORTION OF THE SHOREWOOD CAFETERIA PROGRAM
WHEREAS, the Shorewood City Council established the Shorewood
Cafeteria Program effective January 1, 1990; and,
WHEREAS, the Health Care Reimbursement Program portion of that
program was amended on December 14, 1992 setting the ceiling for maximum participation
at $1,500 per employee per program year; and,
WHEREAS, the City Council has reviewed the program and determined it
is in the best interests of the City and its employees to amend the maximum participation
ceiling.
THEREFORE, BE IT RESOLVED by the City Council of Shorewood
to amend the Health Care Reimbursement Program portion of the Shorewood Cafeteria
Program to allow a maximum participation of $3,000 per employee per program year.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 16th day of
December, 1996.
Robert B. Bean, Mayor
ATfEST:
James C. Hurm, City Administrator/Clerk
#31-
5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 · (612) 474-3236
..
CITY OF
SHOREWOOD
MEMORANDUM
Mayor and City Council
TO:
FROM:
DATE:
RE:
Fll...E NO.:
Brad Nielsen
11 December 1996
.
Sign Permit - Marsh Pointe
405 (94.05)
Lundgren Bros. Construction, Inc. has submitted plans for the entry monument sign for
their Marsh Pointe development (see Exhibit A). They propose to build a four-foot high
masonry wall, approximately 28 feet long, which will wrap around the corner of the fIrst
lot on the west side of the new road (see Exhibit B). The Marsh Pointe sign will be
mounted on the wall facing Smithtown Road. The sign measures approximately 12.5' x 2'
and contains 25 square feet of area. The Shorewood Zoning Code allows such signs to be
as large as 32 square feet. The sign is located entirely out of the public right-of-way and
back far enough to comply with the 30-foot sight triangle required at street corners.
The proposed sign is consistent with the requirements of the Shore wood Zoning Code.
Approval is recommended.
.
cc:
Jim Hurm
Tim Keane
Larfy Brown
Marc Anderson
A Residential Community on Lake Minnetonka's South Shore
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I hereby cenify that this plan.
specification, or repon was prepared by me
or under my direct su ervision and that I
am a duly Regi tere Landscape Architect
under the law f Slate of Minnesota.
MARSH P(
(L.W.5. Pro(
Shorewood, Mi
Landscape Architecture
Site Planning
Construction Management
10901 Red Circle Drive.' Suile 125 I Minnetonka, Minnesota 55343 1(612) 938-0020
Date !-',~.1IlRegistrationNo. ZolaH
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CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 · (612) 474-3236
MEMORANDUM .
TO:
Mayor and City Council
Jim Hurm, City Administrator
Larry Brown, Director of Public Works ~
December 11, 1996
FROM:
.
DATE:
RE: Southshore Senior Community Center
Proposed Change Order to Contractual Conditions
Performance of the contractor for the Southshore Senior Community Center has been less than
overwhelming. The completion date for the contract is December 23, 1996.
During my last update to the City Council, I stated that the contractor was going to move forward with
placement of the aggregate base for the parking lot and some temporary bituminous pavement around the
canopy to facilitate a January 2 opening.
.
Since that time, several items have transpired. The contractor has placed the aggregate base, but has
been directed to forego the temporary bituminous pavement at the entryway. This was decided since the
Friends have indicated that they will not take possession of the building until such time as all of the
improvements are completed.
Since it is clear that the Contractor will fail to met the completion date, the City has several options
available to them. The City can proceed with liquidated damages against the contractor. Based upon the
contract language, the City of Shorewood would need to compile and justify the actual loss incurred by
the contractor's failure to finish the building.
The second alternative is to re-negotiate the completion dates with revised contract language. Staff is
suggesting that the following revised dates be incorporated into the contract:
Completion of the Building
Completion of the Parking Lot
Completion of Grading of the
Football Field
Final Landscaping
February 18, 1997
May 15, 1997
May 15, 1997
May 30, 1997
A Residential Community on Lake Minnetonka's South Shore
=#5
..
Mayor and City Council
Change Order South Shore Senior Community Center
December 11, 1996
Page 2 of2
In addition, penalties for late completion would be on a basis of $500 dollars per calendar day beyond
the scheduled completion dates. These liquidated damages will be collected regardless of the actual
losses incurred by the City or Friends, in the event of failure to meet the revised schedule.
Normally fixed liquidated damages are not included in an architectural project which is bid in a
competitive bidding situation since there are so many factors which can throw the project off schedule.
This type of contract in an open bid would result in expensive construction prices. Since it is inevitable
that the contractor will miss the original completion date, the City has the leverage to re-negotiate the
contract on a fixed schedule.
. If approved, formal contract language for the change order will be prepared and reviewed by the City
Attorney to include the above completion dates and fixed liquidated damages in the amount of $500
dollars per calendar day beyond each completion date.
If the City Council agrees with staff's recommendation, a motion would be in order approving Change
Order 2 for the Southshore Senior Community Center contract subject to review of a revised contract by
the City Attorney and execution of the Change Order by the Mayor and City Administrator.
.
lablt C;\ccrpts\ssscc.doc
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD. SHOREWOOD. MINNESOTA 55331-8927 · (612) 474-3236
MEMORANDUM
TO:
Mayor and City Council
Jim Hurm, City Administrator
py
.
FROM:
Larry Brown, Director of Public Works
DATE:
November 27, 1996
RE:
Right of Way Acquisition by NlN/DOT of City Owned Land
State Trunk Highway 7 and Christmas Lake Road Intersection Reconstruction Project
The Minnesota Department of Transportation (MNIDOT) is in the process of obtaining right of way and
continuing to prepare plans, specifications and construction estimates for the reconstruction of the
intersection of State Trunk Highway 7 and Christmas Lake Road.
.
As part of the right of way acquisition process, MNIDOT has identified a parcel of land owned by the
City of Shorewood , located at the southwest quadrant of Christmas Lake Road and TH 7 that is to be
impacted by the project. The City received this parcel of property from Hennepin County under the
stipulation in the deed that the parcel be used for right of way purpose~ only. For purposes of analysis
and compensation, the State has denoted this parcel as two separate segments. The west portion ofthe
parcel is denoted as parcel 216 and the east portion 216B (refer to attachment 1).
MNIDOT Proposals
Parcel 216
MNIDOT is seeking to gain access control for this parcel The appraiser for MNIDOT is suggesting that
the compensation for loss of access to TH 7 would be $100.00. It is very typical that the compensation
for access control is usually very minimal unless this the parcel is developed as a commercial facility that
would be severely damaged by loss of access. Due to the proximity of Christmas Lake Road
intersection, it is very unlikely that access would be permitted under any circumstances. Therefore the
$100.00, minimal as it is, appears to be appropriate. .
Under the proposed plans, no trees or vegetation would be impacted for this portion of the subject parcel.
A Residential Community on Lake Minnetonka's South Shore
~A
Right of Way Acquisition by MNIDOT
November 27, 1996
Page 2 of2
Parcel 216B
MNIDOT is seeking to obtain 11,312 square feet of permanent right of way and 3,072 square feet as
temporary easement in addition to obtaining access control. The appraiser for MNIDOT has proposed
compensation for the temporary easement and access control in the amount of $16,600. The proposed
construction easement expires December 1, 1998. The amount of compensation for the permanent right
of way is $46,000. This brings the total compensation for this parcel to $62,600.
Staff has reviewed the proposed compensation with the City Assessor. Although the price for land
acquisition can vary widely, an average price is approximately $4.00 per square foot. Based upon the
area proposed for permanent easement, this would equate to $45,248.00. Therefore, the $46,000 offer .
by MNIDOT appears appropriate.
During the last City Council meeting, a proposed right of entry agreement in favor of MNIDOT was
presented for the City Council's consideration on the same property. The Council tabled that item until a
representative from MNIDOT could appear before the Council to discuss the impacts to existing trees
within the parcel.
Pursuant to the City Council's request, staff has invited Mr. Glenn Ellis, Project Manager from
MNIDOT, to appear before the Council on December 16. Secondly, staffhas re-revi.ewed alternatives
such as retaining walls and tree replacement options for the project.
Placement of a retaining wall within the right of way will minimize impacts to trees, however, will
necessitate the addition of guardrail along the shoulder of the roadway to prevent an errant vehicle from
going over the top of a retaining wall. MNIDOT has stated that the addition of guardrail is a design .
exception that actually adds an unnecessary obstacle within the clear zone for the roadway. This is
undesirable from a liability standpoint.
Staff also reviewed the type of trees within the right area to be impacted. A good number of these trees
are 6 inches and larger and consist of elm, cottonwood,' and poplar trees. One of the existing trees
appears to be a 6 inch ash tree.
If trees removed within the right of way are to be replaced, the normal methods of cost apportionment
would result in the City picking up any "local costs." Therefore the City would pay for any new plant
materials used to mitigate the loss.
Mr. Glenn Ellis will be present at the City Council meeting to discuss the project. It is worth mentioning
that failure to approve the agreement for conveyance of the land will probably result in an indefinite delay
in reconstruction of the intersection since all of the State's funding for the next year has already been
encumbered.
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NSTRUCTION LIMITS
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CITY OF SHOREWOOD
RESOLUTION NO. 96-
A RESOLUTION ACCEPTING THE OFFER TENDERED BY l\1NIDOT
FOR RIGHT OF WAY ACQUISITION OF CITY OWNED LAND
NEAR STATE TRUNK IDGHWAY 7 AND CHRISTMAS LAKE ROAD
WHEREAS, the City of Shorewood is fee title owner of real property identified by Property
Identification Number 35-117-23-13-145; and
WImREAS, the City of Shorewood obtained said property from Hennepin County for right of
way purposes; and
WHEREAS, the Minnesota Department of Transportation has completed a study of the right of
way needs for the reconstruction of the intersection of TH 7 and Christmas Lake Road and has identified
impacts to said property;
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Shore wood
Minnesota:
1 . The Mayor and City Administrator are authorized to accept the proposal for the amount
of one hundred dollars ($ 1 00.00) as appropriate damages for controlled access to State Trunk Highway 7
for property identified as Parcel 216 as identified in "Exhibit A."
2. The Mayor and City Administrator are authorized to accept the proposal for the total
amount of $62,600.00 as appropriate damages for controlled access to State Trunk Highway 7, including
11,312 square feet of permanent right of way acquisition and 3,072 square feet of temporary easement
for property known as Parcel 21 6B as identified in "Exhibit A"
ADOPTED by the Shorewood City Council this 4th day of December, 1996.
Robert B. Bean, Mayor
ATTEST:
James C. Hurm, City Administrator/Clerk
.
.
-
S.P; 2706-164 (7=12-28-1A)
Parcel 216B *58037
Parcel Address S.W. comer or TH 7 &.
Christmas Lie. Rd - Shorewnod
County of Hennepin
City of Shorewood
TEMPORARY PERMIT TO CONSTRUCT
The State of Minnesota has by its Commissioner of Transportation established and designated the route
of Trunk Highway No. 7 in Hennepin County,
Minnesota.
It is necessary that the State of Minnesota use for highway purposes real property situated in
Hennepin County, Minnesota, described as folloWs:
That part of Lot 145, Auditor's Subdivision No. 120 as indicated in red on attached Exhibit A.
The undersigned, having an interest in the above described real property, understand that they are not
required to surrender possession of real property until the purchase price has been made available and are
not required to surrender lawfully occupied real properly without at least 90 days notice. By this instrument,
the undersigned waive these rights and give the State of Minnesota right of entry and permit to construct,
maintain and operate the trunk highway.
The State of Minnesota agrees to proceed as soon as possible to acquire the necessary right of way for said
highway as provided by law.
It is necessary that the actual construction of said highway be commenced and completed without
interruption.
For a valuable consideration, the undersigned hereby grant to the State of Minnesota, the right to go upon
said real properly after Februmy 27. 1997 and construct said highway and to continue to work the same until
fully completed, and to travel the same when completed. The undersigned waive iill right of final payment
prior to the State of Minnesota taking possession of the land as required by U.S. Public Law 91-646, Title
Ill, Section 301 (4) with the knowledge that such act in no way jeopardizes or compromises the damages
to which the undersigned may be entitled pursuant to the eminent domain action or direet purchase.
Dated:
Subscribed and swom before me this
day of
199_
Owner
Title
Owner
Title
Notary Public
My commission expires
Owner
Title
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CITY OF SHOREWOOD
PARK COMMISSION MEETING
TUESDAY, NOVEMBER 26, 1996
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
7:30 P.M.
MINUTES
D\\~f\
1.
CALL TO ORDER
Chair Martin called the meeting to order at 7:30 P.M.
2. ROLL CALL
Present:
Chair Martin, Vice-Chair Colopoulos; Commissioners Wilson, Trettel, and
Puzak; Administrator Hurm; Council Liaison McCarty.
.
Absent:
Commissioners Bensman and Dallman.
3. REVIEW AGENDA
There were no corrections or additions to the agenda.
4. APPROVAL OF MINUTES
Puzak moved, Wilson seconded to approve the Minutes of the October 22,
1996 meeting, subject to a spelling correction in the 5th paragraph of page
2 ("trial" changed to "trail"). Motion carried 3/0 with Martin and
Colopoulos abstaining.
.
5.
MATTERS FROM THE FLOOR
There were no matters from the floor.
6. CONSIDERATION OF HAVING A PUBLIC FACILITY RENAMED
REUTIMAN
Resident Robert Reutiman of 5915 Galpin Lake Road was in attendance having an interest
in the subject of commemorating his ancestors who settled in Shorewood in 1915 by
renaming a city street. Also in attendance was his daughter, Mary Reutiman-Lopez. Mr.
Reutiman explained that his family owned acreage which now supports the new Senior
Center. Ms. Reutiman-Lopez stated that the whole area around Eureka Road used to
owned by the Reutiman's; and they were among the fIrst people to homestead property in
this area.
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SHOREWOOD PARK COMMISSION MINUTES
TUESDAY, NOVEMBER 26, 1996
PAGE 2 of 4
Administrator Hurm reviewed the previous two Council meetings dealing with Mr.
Reutiman's request. Residents around Eureka Way and the proposed Smithtown Way
were not too interested in a street name change. Several options suggested by the City
Council included renaming a park or portion of a park; or failing that option, go back to city
staff for possibly naming a future street in that area. Therefore, this request was referred to
the Park Commission for their consideration. Council liaison McCarty also stated that the
residents were opposed to the costs incurred by a street name change, i.e. costs tq change
check addresses, title changes to their property, etc.
Commissioner Wilson suggested naming the road which runs through Freeman Park (from
Highway 7 to Eureka Road). This area is close to the Reutiman homestead, and there are
no residences. Vice-Chair Colopoulos reminded the Reutimans that the Park .
Commission's role is only a 'recommendation body' to the City Council.
Mr. Reutiman and his daughter stated is it a good idea to name the gravel road in Freeman
Park after the Reutiman family. Mr. Reutiman prefers Reutiman Lane.
Commissioner Puzak was concerned that if this road is to be named, would that give the
city ran obligation to sewer/water/curb and gutter improvements? Administrator Hurm said
it would not, but would research it further.
Wilson moved that the Park Commission propose to the City Council to
consider naming the main road through Freeman Park which runs from
Highway 7 to Eureka Road "Reutiman Lane". Colopoulos seconded.
Motion carried unanimously.
Administrator Hurm stated that after researching Commissioner Puzak's concern, this
recommendation would be taken to the City Council.
.
7. SNOWMOBILE ISSUE UPDATE
Administrator Hurm referred to the three-page checklist (attached to and made a part of
these minutes). Hurm noted that the current problem has been that the season does not start
until December 1, 1996, and that the police officers are busy - 39 tickets were issued for
snowmobile violations last weekend. Hurm stated that efforts to inform snowmobilers
included a letter sent to snowmobile owners within the 55331 zip code, and the City
Newsletter was mailed to residents today outlining snowmobile regulations within city
limits.
AdministratorHurm also noted that Freeman Park will not be groomed, however it is
marked for cross-country ski trails. Shorewood Public Works crew plowed the trail down
to gravel, noting that the season begins 1211/96. Hurm also reported that the SLMPSD
now owns a snowmobile.
Commissioner Colopoulos stated that the first cross-country skier through new snoW
blazes a trail, so there is not much to grooming a trail.
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SHOREWOOD PARK COMMISSION
TUESDAY, NOVEMBER 26, 1996
PAGE 3 of 4
Administrator Hurm noted that an ongoing problem is evaluation of the Shorewood
program. He stated his concern for accurate ways to collect data: early enforcement of our
regulations vs. later in the snowmobiling season; weather conditions; based on number of
complaints - is this fair for data collection? Vice-Chair Colopoulos replied that enforcement
will be easier this year with the police department's snowmobile, and it will defInitely have
an impact on snowmobiler's behavior. Hurm said that the new City Council will have an
opportunity to review these issues, and to outline evaluation procedures. Chair Martin
stated that at this point, the Park Commission will have to wait for direction from the City
Council.
.
Vice-Chair Colopoulos voiced a concern that the Planning Commission was involved in the
snowmobile issues, and the Park Commission has not been as heavily involved as he had
anticipated. He would like to have the responsibilities of both commissions clearly defIned
regarding snowmobiles.
Commissioner Puzak would like to encourage the "neutral" residents to provide a voice on
this snowmobile task force; to provide a "buffer" between the two opposing viewpoints.
He also was fearful that Shorewood has approved rules/regulations which no other
neighboring city uses and is not common knowledge among snowmobilers traveling
through our city.
Administrator Hurm clarified this year our trail system is NOT in the Grant-In-Aid system.
8. PROJECT UPDATES
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Administrator Hurm said that the Friends of the Senior Center is considering not opening
its doors until May 1997. This will not affect the football fIeld grading. We hope to
receive donated labor and money from the Football Association and other associations to
prepare the fields.
Commissioner Wilson inquired about the trees in left fIeld at the Cathcart Park ballfIeld:
will they have to go? Administrator Hurm reminded the commission that Cathcart Park is
within the city limits of Chanhassen, and that we can look into pruning or cutting some
down if they're too close to the kid's fIelds. Such work should be the responsibilitiy of
Chanhassen. It may not be necessary because the fIeld is intended for very small children.
9. ESTABLISH NEXT MEETING DATE
The next regular meeting of the Park Commission will be on Tuesday, January 28, 1997 at
7:30 P.M.
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SHOREWOOD PARK COMMISSION
TUESDAY, NOVEMBER 26, 1996
PAGE 4 of 4
10. ADJOURNMENT
There being no further business, Colopoulos moved and Trettel seconded to
adjourn the meeting. Motion passed unanimously and the meeting was
adjourned at 8:32 P.M.
RESPECTFULL Y SUBMITTED,
.
Wendy Anderson
Park Secretary
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Checklist
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Proaram Recommendations General Comments I
Safety I
Groom Freeman Park for X.C.
1 .1 Skiing Freeman Park will be marked but not groomed for skiing
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1.2 Adding a side-trail . There will not be a side trail this year
Snowmobiles must slow to 10
MPH within 30 ft. of
1.3 . Pedestrian traffic This has been placed into the ordinance
1.4 Police patrol of trail and park . See November 21 memo to Police Chief
i Additional warning signs for
1.5 the LRT Signage has been added to the LRT
Investigate the Incident
1.6 : Reportina procedures Hennepin County employees said this was, ineffective
! Allow snowmobiles the ability
· : to stop before entering Public Works will try and build up the snow to build a
1.7 I Timber Lane i platform
i Funnel snowmobiles to one ,
i
i lane from the LRT to the lake i Public Works will install signage and barriers to funnel
i at Timber Lane I
1.8 i snowmobiles into one lane.
Enforcement
i Commit Police Officer and one!
i back up to the snowmobile
2.1 iseason i See attached memo to Police Chief
Outfit our Police Officer with :
clothes. radar, and noise
2.2 decibel meter See attached memo to Police Chief
2.3 Additional traininq for Police . See attached memo to Police Chief
2.4 ! "Zero Tolerance" See attached memo to Police Chief
i Involving Public Works in ,
!
2.5 ! trespass calls ! See attached memo to Police Chief
, i Officer Keller will be responsible for coordinating patrol
,.
2.6 ! Coordinate patrol aaencies : activities of all aoencies
Education Plan
An individual coordinating the 'The City Administrator and the Police Department will be
3.1 ,education proqram responsible for education
! Informational letter sent to all They have been sent out to all 55331 registered
3.2 i reaistered snowmobile owners . snowmobiles
I Section in the Winter
3.3 . Newsletter ,An insert has been added
'Information put into the This has been relayed onto the Southwest Trails
3.4 ' Southwest Trails Assoc. MaDs . Association
Ordinance printed in local
3.5 newspaper Press releases will be sent out to local newspapers
3.6 Put in flyers by SWT A Rules have been added to their maps
No, but our Police officers will have a informational letter
3.7 Placed in weather proof boxes with them
Review ordinance with officer Our Police Department will be in direct contact with City
3.8 annually Staff
After the Police Department is trained a class will be
3.9 Safety Training at City Hall offered at City Hall
3.10 Have the DNA train our officer They will be receivina trainina on December 3
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Page 1
Checklist
3.11 Train SLMPSD to teach classes Dates and times are being set
Right-of-way education : Right-of-way education will be the responsibility of the
3.12 Public Works Director
Residents rights regarding
trespassing and other
3.13 snowmobile related issues This is explained in the newsletter
SLMPSD will be trained in Staff will meet with the Police Department to explain past
3.14 trespassing laws problem spots
Sign Program
Accountability for the sign The Police Department, Snow Patrol, and Public Works will
4.1 program all work together to monitor the program
Speed Limit signs along the
4.2 LAT SiQns have been added to the trail expla.inina Speed Limits
, Warning signs at both City
4.3 entrances SiQns explaininQ the new policies are located at City limits
There will be signage directing snowmobiles towards
4.4 ,Timber Lane SiQnaQe toward the Jake
4.5 . SiQnaQe explaininQ mixed-use "Share the Trail" siQns has been added to the trail
Signage has been added along the LRT, and will be placed
4.6 No ridinQ in Public Wetlands in areas that become problems
4.7 ,No ridinQ in City Parks Sianaae has been added to all of the City Parks
Different color speed limit
4.8 sians in the street Not appropriate (SLMPSD)
Ordinance
. Change the hours for It has been changed from 11 :00 P.M. to 10:00 P.M.
5.1 snowmobiles Sunday -Thursday
5.2 150 ft. buffer on lakes Has been added to the ordinance
Designate the season Dec. 1-
5.3 March 31 Has been added to the ordinance
Snowmobiles use the street
5.4 ; side of the plow ridge Has been added to the ordinance
Snowmobiles should ride in the.
5.5 direction of traffic Has been added to the ordinance
Provide standard definition of
5.6 street and LRT right-of-way Has been added to the ordinance
. Timber Lane as legal access Timber Lane has not been put into the ordinance as a legal
5.7 :point access point
: Prohibit riding the shoulder of
5.8 ,the LRT Has been added to the ordinance
Snowmobiles must stop before
5.9 enterinQ the LRT Has been added to the ordinance
Consider separate ordinance
5.10 for other winter uses This has not been added for this year
Who has the right-ot-way on
the LRT, streets, Le. who
5.11 should yield Has been added to the ordinance
Identify where snowmobiles
5.12 are allowed Has been added to the ordinance
Prohibit snowmobiles trom
5.13 Darks Has been added to the ordinance
Page 2
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Checklist
New ordinance for pedestrian
5.14 safety . This has not been added for this year
Follow and Further Study
A letter has been drafted and is being sent to the DNR on
6.1 this issue
Ask Hennepin County to raise
6.2 fines A letter has been drafted and is being sent
Who is responsible for The Police Chief will be working with Carver County, and
6.3 Cathcart Park snowmobiling is illegal in both Shorewood and Chanhassen
. Police and City staff will work together to reduce the
6.4 Monitor trespass violations number of incidents and track such incidents.
Monitor the lake access points
! to see which points are the
6.5 : optimal entrances . This will be passed along to the Plannina Commission
, '
additional access points to the
west of Shorewood for the
. 6.6 lake Will send out letter to the DNR
Planning Commission should !
study access issues for boats I
6.7 and snowmobile Refer to the Planning Commission
6.8 Review Timber Lane i Will be reviewed
6.9 Better siqnaqe for City Parks : Completed
; Evergreen buffers along the i
6.10 ,LRT r This will not be done this year
Officer Keller and the Water Patrol will work together to
6.11 Noise meter for the Citv monitor the noise levels
Maintenance of snow at LRT
6.12 intersections ! Public Works is aware of this issue
Review the grooming of the
6.13 LRT This will be done throughout the year
Accountability and Oversight
. Oversight of the I The Council might wish to appoint a small committee to
work with the Staff in overseeing implementations of the
7.1 recommendations ! recommendations, or do so itself
,Monthly reports of tickets ,
given, and all other violations i Staff will work with the SLMPSD to summarize the data
7.2 reported which is collected
Page 3
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CITY OF SHOREWOOD
PLANNING COMMISSION MEETING
TUESDA Y, DECEMBER 3, 1996
MINUTES
CALL TO ORDER
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
7:00 P.M.
Chair Borkon called the meeting to order at 7:01p.m.
ROLL CALL
Present:
Chair Borkon; Commissioners Foust, Kolstad, Lizee, Pisula, Rosenberger and
Turgeon; and Planning Director Nielsen.
Absent:
Council Liaison Benson
APPROVAL OF MINUTES
Turgeon moved, Lizee seconded approving the November 19, 1996, Planning
Commission meeting minutes as amended on Page 1, Item No.1, Paragraph 1,
Sentence 1, change "preservation policy" to "ordinance"; Page 2, Paragraph 5,
Sentence 3, change "could not" to "could"; Page 2, Paragraph 10, Sentence 1,
change to read, "Commissioner Lizee felt when issuing the public hearing notice
for the first time, it should be worded in layman's terms"; Page 2, Paragraph 10,
Sentence 2, begin a new paragraph; Page 2, Paragraph 10, Sentence 3, change to
read, "He commented a notice had been sent out relative to the December 3, 1996
public hearing with the usual legalese as well as an explanation of the request in
layman's terms." Motion passed 4/0. (Commissioners Foust, Pisula and
Rosenberger abstained.)
1. PUBLIC HEARING - AMENDMENT TO THE W ATERFORD P.D.D.
DEVELOPMENT AGREEMENT TO ALLOW ON-SITE ALCOHOL
BEVERAGE
Applicant:
Vladimir Velikson
19905 State Highway 7 (Waterford Shopping
Center)
Vladimir Velikson and Irina Primak appeared along with Jeff Shanewenner to address the
Commission. Mr. Shanewenner explained he is the most recent developer of Waterford. He felt
the developers had inherited covenants which were practical in 1984 in that they addressed a
specific concern in which the City of Shorewood and its residents did not desire a sports bar type
facility. Mr. Shanewenner stated the projections for the Waterford Center had not been met due to
the absence of a family restaurant.
Location:
Russ McGinty, of Griffin Companies, appeared on behalf of the Waterford Plaza and spoke to the
Commission. He noted several national restaurant establishments have not located in the center
due to the restrictions relative to liquor. Mr. McGinty pointed out the restaurant business will peak
at different times than the other tenants of the center. He stated the restaurant would not contain a
bar and patrons would only have the ability to order liquor with a meal.
Vladimir Velikson addressed the Commission. Mr. Velikson explained he and Ms. Primak have a
small delicatessen, Euro Gourmet, which is located in St. Louis Park. Mr. Velikson stated he
would not want to have a bar in the restaurant, but would prefer a pleasant establishment which
will reflect positively on the city of Shorewood.
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PLANNING COMMISSION MEETING MINUTES
DECEMBER 3, 1996 - PAGE 2
Mr. Velikson stated the alcoholic beverages available would be of a limited nature. In addition, he
stated the objection which was submitted by Peter Boyer was unclear to him.
Chair Borkon opened the public hearing at 7:35 p.m.
Nancy Markowitz, 19685 Waterford Court, felt the serving of wine or beer with dinner would be
acceptable. She asked if the restaurant would serve lunch and dinner. Mr. Velikson stated lunch
would be served buffet style. Ms. Markowitz asked if the liquor being served would be limited to
beer and wine. Mr. Velikson acknowledged there would also be hard liquor served.
Ms. Markowitz inquired as to the proposed hours of the restaurant. Mr. Velikson stated the
weekday hours would be until 9:00 p.m. with weekend hours extending to 10:00 p.m. Ms.
Markowitz questioned if music is intended for the restaurant. Mr. Velikson stated he would like to
have a keyboard player, guitarist or an accordion player. Ms. Markowitz expressed concern
relative to noise from the music in the summer.
Mr. Velikson stated his intention to have the restaurant open until 12:00 a.m. on weekends, .
however, the kitchen would close at 10:00 p.m. Ms. Markowitz asked if alcohol would be served
during this period of time. Mr. Velikson stated liquor would be available after 10:00 p.m. only
with dinner. Nielsen pointed out there is a restriction within the covenant which determines the
hours of operation for family restaurants to be from 7:00 a.m. to 11:00 p.m.
Hearing no further public testimony, Chair Borkon closed the public hearing at 7:55 p.m.
Chair Borkon asked which neighborhoods had been notified of the public hearing. Nielsen stated
everyone within 500 feet surrounding the property had been notified and this would include the
twinhome development.
Commissioner Lizee inquired if the Waterford Homeowners Association had been notified of the
public hearing. Nielsen stated that specific association had not been notified. Ms. Markowitz
noted the association is also holding a meeting and they are aware of the public hearing. In
addition, Mr. Velikson noted he had spoken with members of the association and they were not
opposed to the restaurant. .
Commissioner Lizee inquired as to the types of liquor licenses available. Nielsen stated there is a
beer and wine license and a hard liquor license. He commented he is not aware of the specific
criteria for the two. In addition, he stated there is a third type of license for nonprofit clubs such as
the American Legion.
Commissioner Lizee asked if a wine and beer license would serve the needs of the restaurant. Mr.
Velikson stated it would, however, it would limit the selection available to customers who desire
hard liquor type beverages. He stated his intention to have a very limited selection of hard liquor
drinks.
Commissioner Kolstad questioned if an approval were granted, whether there would be a way to
restrict it, making the license very specific so a precedent is not being established should this type
of restaurant not succeed. Nielsen stated the City has discretion in issuing liquor licenses. In
addition, the license would be subject to an annual renewal. Background checks would also be a
part of the process.
Commissioner Kolstad asked if amplified sound would be necessary for the type of music planned
for the restaurant. Mr. Velikson stated it would be his intention to have amplified music.
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PLANNING COMMISSION MEETING MINUTES
DECEMBER 3, 1996 - PAGE 3
Chair Borkon was curious how the liquor store fit into this center and why there is nothing in the
protective covenant restricting a liquor store. Nielsen explained since 1989, it had been anticipated
the liquor store would locate in this area.
Commissioner Kolstad expressed concern relative to making a decision on this matter prior to all
Waterford residents being notified. Nielsen did not feel it should be limited to the Waterford
resident. Commission Kolstad stated these are the Waterford covenants and any change in them
should first have input from theW aterford residents.
Rosenberger moved, Pisula seconded directing City staff perform to a scientific
random telephone survey of the surrounding neighborhoods of Shady Hills, the
area to the north, Waterford, Ridge Road, Covington Road and the neighborhood
across TH 7 to determine whether or not the neighbors are in favor of alcoholic
beverages in the proposed Euro Gourmet Restaurant.
Commission Pisula suggested a local option election for a decision to be made by the residents of
that local precinct.
Commissioner Kolstad disagreed noting that a survey is very costly and if responses are received
and everyone in the area is notified, due diligence will have been completed. She felt a survey
would be extreme. Commissioner Rosenberger felt the best way to assure that everyone concerned
is aware of the proposal would be to have a scientific survey.
Commissioner Foust asked if Shorewood has liquor licenses in any area restaurants at the present
time. Nielsen stated there were none. Commissioner Foust also expressed concern relative to the
cost of a referendum. Commissioner Lizee did not feel there would be a sufficient turn out.
Commissioner Turgeon also noted she would not be in favor of a survey. Commissioner Foust
felt there would be less costly, more effective ways to obtain this information.
Vote on Motion: Motion failed 1/6. (Commissioners Borkon, Foust, Kolstad, Lizee,
Pisula and Turgeon were the dissenting votes.)
Chair Borkon noted her agreement with Commissioner Kolstad that notification within 500 feet of
the center was not sufficient and a larger surrounding area needs to be notified. In addition, the
appropriate neighborhood associations should be notified.
Commissioner Turgeon expressed concern relative to a license allowing hard liquor and would be
more in favor of a beer and wine license. In addition, the operating hours would need to be in
conformance with the covenant. With respect to music, she noted the concern raised by the
residents relative to the amplification during the summer months. Commissioner Turgeon noted
her approval of the concept.
Commissioner Kolstad expressed reservations relative to hard liquor as well as the amplified
sounds. She stated she would not have a problem changing the covenant with respect to the hours
of operation proposed by Mr. Velikson. Commissioner Kolstad also noted her approval of the
concept.
Commissioner Lizee was in agreement with Commissioners Kolstad and Turgeon and noted she
would be more in favor of a beer and wine license.
Commissioner Foust noted the main issue to be the issue of liquor on the site rather than the
granting of a beer and wine license as opposed to a hard liquor license. He requested further
background information by way of minutes relative to the period of time when the covenants were
developed. He stated he would like to have anyone who had volunteered public testimony at that
time to be contacted to get their input.
PLANNING COMMISSION MEETING MINUTES
DECEMBER 3, 1996 - PAGE 4
Commissioner Rosenberger was in agreement with Commissioner Foust in that there would not be
much difference in whether the restaurant serves hard liquor or beer and wine. He stated there was
a reason for the covenants which are in place and noted the developers were aware of the covenants
at the time they became involved with the center.
Commissioner Pisula stated he would not personally have a concern relative to this establishment if
the residents are not opposed to it. He felt a liquor license would be reasonable with the proper
controls. In addition, he felt it would be beneficial to have viable commercial enterprises in the
city. Commissioner Pisula stated he liked the concept, however, his decision will be guided by the
feelings of the affected residents.
Chair Borkon was in favor of the concept. She noted her personal preference that hard liquor not
be available. Chair Borkon pointed out the developers had noted their agreement with the
protective covenants at the time the developers became involved with the center. Chair Borkon
also noted she will be guided by the preference of the surrounding neighbors.
Nielsen suggested a draft of a notification letter along with a map depicting the area of 1,000 feet
surrounding the Waterford Center be available at the December 17 study session for review of the .
Commission.
Turgeon moved, Pisula seconded tabling the amendment to the WaterfordP.U.D.
Development Agreement to allow on-site alcohol beverage for Vladimir Velikson,
19905 State Highway 7 (Waterford Shopping Center) to the January 7, 1997,
Planning Commission Meeting subject to the matter being reviewed at the
December 17, 1996, study session at which time a map and the draft of the
proposed letter will be available for discussion. Motion passed 7/0.
Commissioner Foust suggested the study session include a discussion relative to contacting the
president of each of the area homeowners associations relative to the public hearing.
Chair Borkon introduced Councilmember-elect Jerry O'Neill and expressed her appreciation for his
consistent attendance at the meetings.
Chair Borkon recessed the meeting at 8:34 p.m. and reconvened the meeting at 8:40 p.m.
2. PUBLIC HEARING - VARIANCE TO TEMPORARILY ALLOW TWO
HOUSES ON ONE LOT
Applicant: Stan Taube
Location: 27280 Edgewood Road and 5315 Howard's Point Road
Mr. Tom Ososki, Bruce Knutson Architects, addressed the Commission and stated Mr. Taube was
in agreement with the staff recommendations. He noted Mr. Taube is aware a subdivision would
be an option in the future.
Chair Borkon opened the public hearing at 8:49 p.m. Hearing no public testimony, Chair Borkon
closed the public hearing at 8:49 p.m.
Commissioner Foust noted in the past when two homes had been allowed on a single lot, both
homes had not been occupied at the same time. He asked how the removal of the house would be
undertaken. Mr. Ososki was unsure if it would be demolished or moved off of the lot.
Commissioner Turgeon expressed concern that the applicant had not appeared in addition to
concerns relative to a potential subdivision at some point in the future. She noted she would not be
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PLANNING COMMISSION MEETING MINUTES
DECEMBER 3, 1996 - PAGE 5
in favor of a variance at some future point relative to this issue. She expressed concern for any
possible extensions to the variance from the June 16th date.
Commissioner Lizee asked if any elevations had been submitted relative to this request. Nielsen
provided a diagram of the proposed residence.
Commissioner Lizee also inquired as to the hardcover. Nielsen noted there may be additional
hardcover in the form of landscaping proposed. He explained if the lots are left together, more
hardcover could be added. Commissioner Lizee suggested the use of landscape fabric as opposed
to poly.
Commissioner Lizee noted a large maple tree on the property and asked if it will be outside the line
of the addition or if there are plans to remove it. Mr. Ososki stated he had not measured the exact
location and was unsure if it would be removed. Commissioner Lizee commented she would like
to see that tree protected.
Commissioner Foust asked for an explanation of Torrens property and abstract property which
Nielsen provided.
Commissioner Rosenberger commented on the amount of hardcover and asked how this would
relate to the Watten Ponds P.D.D. Nielsen noted there is a high amount of hardcover. Nielsen
stated in joining the two lots, if they are not subdivided in the future, the property is more in
conformance with the ordinance than it is currently.
Turgeon moved, Pisula seconded approving the variance to temporarily allow two
houses on one lot for Stan Taube, 27280 Edgewood Road and 5315 Howard's
Point Road subject to staff recommendations, with a clarification in
Recommendation No. 2 to reflect the westerly house, garage, driveway and the
shed, June 16th remains in the variance, that a fourth recommendation state any
additional landscaping be fabric and not poly, and the applicant be strongly
advised to review these plans for future subdivision.
Commissioner Foust asked if the hardcover is met, why fabric would be required as opposed to
poly. Commissioners Lizee and Turgeon stated the fabric is more environmentally friendly in a
Shoreland District. Commissioner Kolstad suggested that be brought as a recommendation rather
than a requirement. Chair Borkon was in agreement with this suggestion.
Vote on Motion: Motion passed 7/0.
Chair Borkon noted this matter will come before the City Council on December 16, 1996, for their
consideration.
3. MATTERS FROM THE FLOOR-None
4. REPORTS
Commissioner Turgeon noted a topic for discussion at the study session should be that of chair and
joint chair for the Planning Commission for the coming year. Nielsen noted the study session on
December 17th will be a joint session with the City Council and Council-elect.
Commissioner Lizee noted she had attended a meeting of the Watershed District along with
Commissioner Pisula in which one of the matters being considered was the final approval of the
Lundgren stormwater management NURP ponds. It was recommended the covenants be amended
to completely restrict the use of phosphorous in the development. Phosphorous would be
prohibited even in the first year of growing.
PLANNING COMMISSION MEETING MINUTES
DECEMBER 3, 1996 - PAGE 6
Commissioner Kolstad noted the City Council has approved most of the recommendations of the
Snowmobile Task Force, with the exception of the use of a side trail, the grooming of Freeman
Park, and the Timber Lane access.
5. ADJOURNMENT
Rosenberger moved, Lizee seconded to adjourn the meeting at 9:28 p.m. Motion
passed 7/0.
RESPECTFULL Y SUBMITTED,
Cheryl Wallat
Recording Secretary
TimeSaver Off Site Secretarial
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12/12/1996 10:55
THE KUESTER GROUP
PAGE 02
6123386175
"',
December 12, 1996
TO: Shorewood Mayor - Robert Bean
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CC: Shorewood City Council - Bruce Benson
Tad Shaw
Jennifer McCarty
Kristi Stover
RE: Non-conforming use of Cabalka Property on Christmas Lake Road
As a citizen of Shorewood and a property owner of adjacent property to Mr. Cabalka,
I appeal to Shorewood Mayor and Council to deny Mr. Cabalka continued non-
conforming use of his property located on Christmas Lake Road.
This issue is about adhering to the ordinance of non-conforming land use and 1 urge the
Mayor and Council to move swiftly and with clarity in upholding the current law. (the
same one that was in effect when Mr. Cabalka split his propetty and subsequently installed
a dock.)
.
1 am disappointed this issue has been burdened with convoluted personal irrelevant
issues. I wanted to shace with the council a letter chat was passed on to me by a
"concerned neighbor" which was written by Mr. Cabalka to a past neighbor thanking
them for their support in writing to the council on his behalf.
This letter concerns me on a couple of different levels.
1. That this issue is being clouded by the belief that it stems from a personal
matter between Bruce Benson and Mr. Cabalka. My husband Kevin and I supported this
action a few years ago, with numerous phone calls and visits to Brad Nielson. We were
aod still are deeply concerned about the "loose" enforcement of I:>rdinances that protect
against improper use of the lake shoreline. We have no IIscakell Or posicion regarding the
Benson matter and very little knowledge of it.
2. I am furthermore very irritated at the fact that our mayor-elect, Tom Dahlberg
has apologized on behalf of the present Council, Mayor and citizens of Shorewood's for
their abusive tte::a.tment of Mr. Cabalka. In a converstion a few days ago with Mayor-elect
Dahlbers he conveyed he has lit right to his 1I0pinionll whether in office Of not. I tesponded
to Mr- Da.hlberg that his apoligizing on my behalf, as I am a citi~en who supports the
J:t8A
12/12/1996 10:55
6123386175
THE KUESTER GROUP
PAGE 03
discontinuing the non~conformin8 use of Mr. Cabalkals property was innaproptiat:e, and I
would have expected him to support the in effect ordinance.
I urge the council to consider the "long term" effect of their actions December 16, and
investigate the number of potential non-conforming users that could result around
Ch .srmas Lake. We have the ordinances fot good reason.
. J 1
mCfre y.
1'rJ uester
. 85 Christmas Lake Road
Shorewood
enc. Ca.balka. letter
I'
.
.
I
~. 12/12/1996 10:55 6123386175
.,/ .~.
THE KUESTER GROUP
PAGE 04
P.~i
.
.
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1\jlider
& J'lssociatesl Inc.
CIVIL ENGINEERS & LAND SURVEYORS
.
.
November 18, 1996
To Whom It May Concern:
On or around June 8, 1981 the firm of Israelson & Associates was hired
to provide a topographic survey of the current site grades and visible
improvements. This included locating the shoreline, existing house,
trees and other improvements in addition to site elevations.
In regards to the second dock, it may have been laying down or submerged
in the vegetation and lake. The survey crew would not have searched the
cattails or shoreline vegetation looking for another dock.
Israelson and Associates was not hired to prepare a boundary surveyor
determine the property line locations. The survey notes that ":rhis is
not a boundary survey", and that the boundary dimensions were scaled and
not verified in the field.
On subsequent dates we were asked to add additional information to the
drawing.
Please feel free to give me a call if you have any questions.
Respectfully,
REHDER & ASSOCIATES, INC.
/"//'.., .,,~
. . /. /.. .__;;0. A .?-'----
.,;::i <_ /',- .-,? _ ~&"-- ::;.....--
Al Rehder, President
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3440 Federal 0
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~
KELLY LAW OFFICES
Established 1948
351 SECOND STREET
EXCELSIOR. MINNESOTA 55331
MARK W. KELLY
WILLIAM F. KELLY (1922-1995)
(612) 474-5977
FAX 474-9575
December 12. 1996
~~cc~nV!~\R\
\~ DEe 13 1996 ~
IBy -=
Mr . Brad Nielson
City Planner
CITY OF SHOREWOOD
5755 Country Club Road
Shorewood. MN 55331
BE: Cabalka Dock Issue
Dear Brad;
At the recent City Council meeting. it was requested that the Cabalka's provide
a copy of the aerial photographs in their possession for the inspection of the City
Council. Copies are enclosed for your reView.
The photographs included herewith date to 1985 and demonstrate the eXistence
of the dock in question for a period of not less than 12 seasons. During that time.
the City never alleged a Violation. If as the City contends. the dock is improperly
located on the parcel. it raises the question of why the City has disregarded this
alleged code Violation for over 12 years if not 15.20.25 or even 30 years.
At the time of the Planning Commission hearing. it was requested of the Cabalka
family that they proVide two additional letters so that the Planning Commission
might have confirmation of the continuing eXistence of the dock these many
years. The Cabalka's produced those letters and more. But as of the most recent
Council meeting. it became eVident that that information is still deemed
inadequate in the eyes of the City.
The City's floating standard of proof herein has made it impossible for the
Cabalka's to reach a point where they will not be called upon to produce
additional information. It is simply unreasonable to require people to prove what
they were doing in any given season 20 or 30 years ago. As I noted to the
Council. I don't believe any Councilmember could prove how they had used their
property in those time periods.
.. ...-
KELLY LAW OFFICES
-2-
In the past, docks were not made of prefabricated dock sections, but rather out
of timber and nails. It may be possible to secure a sample of metal from the
original dock for analysis. This may establish the age of the dock. Members of
the Council have gone on record as saying that there is no urgency in bringing
this matter to an immediate resolution as the dock season will not open until
spring. Therefore, we ask the Council to continue this matter until on or about
June 1 st, 1997, to permit time to pursue further proof of the age of the dock.
I look forward to hearing from you.
.
. Kelly
MWK/pp
Encl.
cc: Cabalka
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 · (612) 474-3236
MEMORANDUM
TO: Planning Commission, Mayor and City Council
'.
FROM:
Brad Nielsen
DATE: 5 November 1996
RE: Jensen, Richard - Simple Subdivision
FILE NO.: 405(96.24)
. BACKGROUND
.
Mr. Richard Jensen proposes to divide his property, located at 6020 Galpin Lake Road
(see Site Location map - Exhibit A, attached), into two lots as shown on Exhibit B. The
property is zoned R-1C, Single-Family Residential, and contains 94,201 sq\lare feet of
area (2.16 acres). The property is occupied by Mr. Jensen's existing home and a horse
stable. A small designated wetland exists in the northeast comer of the site.
The proposed lots will contain 41,814 square feet (parcel A) and 58,387 square feet
(parcel B). Pursuant to the'City's Wetland Code the applicant has shown a conservation
easement over the wetland area
ANAL YSIS/RECOMMENDATION
This request is very simple" both lots meet or exceed the requirements of the R-1C zoning
district. Since Parcel B is capable of being resubdivided, the applicant has shown how this
could be done in the future (dashed line on Exlubit B).
Although the wetland on Parcel A dictates that any proposed building on that lot be
located at least 115 feet back from the street right-of-way, the lot is oversized enough to
B,13,
A Residential Community on Lake Minnetonka's South Shore
.
.
/~-
Memorandum re: Jensen Subdivision
5 November 1996
Page two
create ample buildable area for a home. As shown on Exhibit B the existing driveway to
the applicant's home is within the wetland buffer area on the north side of the lot. Since
Shorewood's wetland ordinance allows driveways within the wetland buffer where
necessary, it is 110t recommended that the driveway be relocated,
It is recommended that the proposed subdivision be approved, subject to the following
conditions:
1. The applicant must provide drainage and utility easements" 10 feet on each side of
each rear and side lot line.
2.
The applicant must provide an up-to-date (within 30 days) title opinion for review
by the City Attorney.
3. The applicant's attorney must prepare deeds for the drainage and utility easements
and the wetland conservation easement.
4. Prior to release of the Council resolution approving the division, the applicant
must pay the following fees for the newly created lot:
a. Park dedication - $1000
b. Local. sanitary sewer access - $1000
c. Trunk water charge - $5000 (the applicant may petition the City to have
this charge assessed)
,5.
The applicant must record a notice to future owners of the property advising them
that the lot will be subject to additional water assessments at such time as water
becomes available to the property.
6. Items 1.-3. must be completed prior to the preparation of the resolution approving
the subdivision.
7. Once the applicant has received the Council resolution approving the division, it
must be recorded within 30 days or the approval becomes void.
cc: TnnHurm
Tim Keane
Richard Jensen
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Exhibit A
SITE LOCATION
Jensen simple subdivision
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Exhibit B
PROPOSED SUBDIVISION
.
.
CITY OF SHOREWOOD
RESOLUTION NO.
A RESOLUTION APPROVING SUBDIVISION OF REAL PROPERTY
FOR RICHARD JENSON
WHEREAS, Richard C. Jenson (Applicant) is the owner of certain real property in the
City of Shorewood, legally described as:
"Lot 179, Auditor's Subdivision Number 135, Hennepin County, Minnesota"; and
WHEREAS, the Applicant has applied to the City for a subdivision of said real property
into two parcels legally described in Exhibit A, attached hereto and made a part hereof; and
WHEREAS, the Applicant and all other parties holding an interest in said real property
have agreed to grant to the City drainage and utility easements legally described in Exhibits B and
C, attached hereto and made a part hereof; and
WHEREAS, the Applicant and all other parties holding an interest in said real property
have agreed to record a wetland conservation restriction contained in Exhibit D, attached hereto and
made a part hereof; and
WHEREAS, the subdivision requested by the Applicant complies in all respects with the
Shorewood Zoning Code.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
1 . That the real property legally described herein be divided into two parcels, legally
described in Exhibit A.
2. That the City Clerk furnish the Applicant with a certified copy of this resolution for
recording purposes.
3 . That the Applicant record this resolution, together with the drainage and utility
easements legally described in Exhibits B and C, the conservation restriction contained in Exhibit
D, and the petition for assessment of trunk water charge contained in Exhibit E with the Hennepin
County Recorder or Registrar of Titles within thirty (30) days of the date of the certification of this
resolution.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 16th
day of December 1996.
Robert B. Bean, Mayor
ATTEST:
James C. Hurm, City Administrator/Clerk
.
.
Le2a1 Descriptions:
PARCEL A
"That part of Lot 179, Auditor's Subdivision No. 135, Hennepin County, Minnesota,
which lies northeasterly of the southwesterly 200.00 feet of said Lot 179."
PARCEL B
"The southwesterly 200.00 feet of Lot 179, Auditor's Subdivision No. 135, Hennepin
County, Minnesota."
Exhibit A
QUIT CLAIM DEED
No delinquent taxes and transfer
entered; Certificate of Real Estate
Value ( ) filed ( ) not required
Certificate of Real Estate
Value No.
, 19
County Auditor
By
Deputy
STATE DEED TAX DUE
. HEREON: $
Date: 1996
,
.
FOR VALUABLE CONSIDERATION, Richard C. Jenson and Patricia B.
Jenson, husband and wife, Grantors, hereby convey and quitclaim
to the City of Shorewood, a municipal corporation, Grantee, under
the laws of the State of Minnesota, real property in Hennepin
County, Minnesota, described as follows:
A permanent easement for drainage and utility purposes,
over, under and across the most northerly, westerly and
southerly 10 feet of the following described property:
That part of Lot 179, Auditor's Subdivision 135, Hennepin
County, Minnesota, described as follows:
Commencing at the most Northeasterly corner of said Lot;
thence Southwesterly along the most Easterly line of said
Lot a distance of 178.11 feet to a point, which point shall
be the point of beginning of the land to be herein
described; thence westerly along a line to a point on the
most Westerly line of said Lot lying 121.65 feet
Southwesterly of the most Northwesterly corner thereof;
thence Southwesterly along the most Westerly line of said
Lot a distance of 205.32 feet to the most Southwesterly
corner thereof; thence Southeasterly along the most
Southerly line of said Lot a distance of 296.04 feet to the
most Southeasterly corner thereof; thence Northeasterly
along the most Easterly line of said Lot a distance of
203.62 feet to the point of beginning, and there
terminating.
Exhibit B
together with all hereditaments and appurtenances belonging
thereto.
[Affix Deed Tax Stamp Here]
Richard C. Jenson
Patricia B. Jenson
STATE OF MINNESOTA
ss.
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me this ----
day of , 1996, by Richard C. Jenson and patricia B.
Jenson, husband and wife.
. NOTARIAL STAMP OR SEAL
.
Notary Public
Tax Statements for the real property described in this instrument
should be sent to:
City of Shorewood
5755 Country Club Road
Shorewood, MN 55331
THIS INSTRUMENT WAS DRAFTED BY:
L. H. May, Jr., Esq.
Attorney at Law
204 Sibley Street, Suite 202
Hastings, MN 55033
(612} 437-6300
.
.
CONSENT OF MORTGAGEE
Countrywide Funding Corporation, a corporation organized and
existing under the laws of the State of New York, is the holder
of a certain mortgage, dated December 30, 1993, and recorded
January 18, 1994, as Document No. 6219867, Office of the County
Recorder, Hennepin County, Minnesota, running in its favor from
Richard C. Jenson and Patricia B. Jenson, husband and wife, as
joint tenants, against the easement track described in the
attached Quit Claim Deed. The mortgagee hereby consents to and
subordinates its interest in said property to the foregoing grant
of easement, dated the ___ day of
, 1996, by
and between Richard C. Jenson and patricia B. Jenson, husband and
wife, and the City of Shorewood, a Minnesota municipal
corporation.
Dated this ___ day of
, 1996.
COUNTRYWIDE FUNDING CORPORATION
By:
Its
STATE OF CALIFORNIA )
) ss .
COUNTY OF )
The foregoing instrument was acknowledged before me this
day of
, 1996, by
of
1
.
.
COUNTRYWIDE FUNDING CORPORATION, a New York corporation, on
behalf of the corporation.
THIS INSTRUMENT DRAFTED BY:
L. H. May, Jr. Esq.
Attorney at Law
204 Sibley Street, Suite 202
Hastings, MN 55033
(612) 437-6300
Notary Public
2
QUIT CLAIM DEED
No delinquent taxes and transfer
entered; Certificate of Real Estate
Value ( ) filed ( ) not required
Certificate of Real Estate
Value No.
, 19
County Auditor
By
Deputy
STATE DEED TAX DUE
. HEREON: $
Date: , 1996
FOR VALUABLE CONSIDERATION, Richard C. Jenson and Patricia B.
Jenson, husband and wife, Grantors, hereby convey and quitclaim
to the City of Shorewood, a municipal corporation, Grantee, under
the laws of the State of Minnesota, real property in Hennepin
County, Minnesota, described as follows:
A permanent easement for drainage and utility purposes,
over, under and across the most northerly, westerly and
southerly 10 feet of the following described property:
.
That part of Lot 179, Auditor's Subdivision 135, Hennepin
County, Minnesota, commencing at the most Northeasterly
corner thereof, which point shall be the point of beginning
of the land to be herein described; thence Southwesterly
along the most Easterly line of said Lot a distance of
178.11 feet; thence westerly along a line to a point on the
most Westerly line of said Lot lying 121.65 feet
Southwesterly of the most Northwesterly corner thereof;
thence Northeasterly along the most Westerly line of said
Lot a distance of 121.65 feet to the most Northwesterly
corner thereof; .thence Easterly along the most Northerly
line of said Lot to the most Northeasterly corner thereof,
the point of beginning, and there terminating.
together with all hereditaments and appurtenances belonging
thereto.
Exhibit C
.
.
[Affix Deed Tax Stamp Here]
Richard C. Jenson
Patricia B. Jenson
STATE OF MINNESOTA
ss.
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me this ----
day of , 1996, by Richard C. Jenson and patricia B.
Jenson, husband and wife.
NOTARIAL STAMP OR SEAL
Notary Public
Tax Statements for the real property described in this instrument
should be sent to:
City of Shorewood
5755 Count:r.y Club Road
Shorewood, MN 55331
THIS INSTRUMENT WAS DRAFTED BY:
L. H. May, Jr., Esq.
Attorney at Law
204 Sibley Street, Suite 202
Hastings, MN 55033
(612) 437-6300
.
.
CONSENT OF MORTGAGEE
Countrywide Funding Corporation, a corporation organized and
existing under the laws of the State of New York, is the holder
of a certain mortgage, dated December 30, 1993, and recorded
January 18, 1994, as Document No. 6219867, Office of the County
Recorder, Hennepin County, Minnesota, running in its favor from
Richard C. Jenson and Patricia B. Jenson, husband and wife, as
joint tenants, against the easement track described in the
attached Quit Claim Deed. The mortgagee hereby consents to and
subordinates its interest in said property to the foregoing grant
of easement, dated the ___ day of
, 1996, by
and between Richard C. Jenson and Patricia B. Jenson, husband and
wife, and the City of Shorewood, a Minnesota municipal
corporation.
Dated this ___ day of
, 1996.
COUNTRYWIDE FUNDING CORPORATION
By:
Its
STATE OF CALIFORNIA )
)ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this
day of
, 1996, by
of
1
.
.
COUNTRYWIDE FUNDING CORPORATION, a New York corporation, on
behalf of the corporation.
THIS INSTRUMENT DRAFTED BY:
L. H. May, Jr. Esq.
Attorney at Law
204 Sibley Street, Suite 2D2
Hastings, MN 55033
(612) 437-6300
Notary Public
2
.
CONSERVATION RESTRICTION
THIS AGREEMENT, made and entered into this ___ day of
, 1996, between RICHARD C. JENSON and PATRICIA B.
JENSON, husband and wife ("Owners") and the CITY OF SHOREWOOD
(nShorewoodn), a municipal corporation and statutory city under
the laws of the State of Minnesota.
WITNESSETH:
Owners, inconsideration of One Dollar ($1.00) and other
~ good and valuable consideration, the receipt of which is hereby
acknowledged, do hereby grant, bargain, sell and convey to
Shorewood, its successors and assigns, forever, a Conservation
Restriction in accordance with Minnesota Statutes ~84.64, for the
purposes hereinafter specified, over, on and across that tract or
parcel of land lying and being in the City of Shorewood, County
of Hennepin and State of Minnesota, described in Exhibit A
attached (conservation area), TO HAVE AND TO HOLD THE SAME,
~ together with all the hereditaments and appurtenances thereunto
belonging, or otherwise appertaining.
Owners, for themselves and their heirs, representatives,
successors, and assigns, covenant with and represent to
Shorewood, its successors and assigns, that Owners are well
seized in fee of the conservation area and have good right to
convey pursuant hereto the interests hereby conveyed and that the
easement area is free from all encumbrances, except real estate
taxes and installments of special assessments payable therewith.
1
Exhibit D
.
.
2
.
.
.
6. Conduct activities detrimental to drainage, flood
control, water conservation, erosion control, soil conservation
and fish and wildlife habitat preservation in the conservation
area.
Richard C. Jenson
Patricia B. Jenson
3
.
.
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this
day of
, 1996, by Richard C. Jenson and
Patricia B. Jenson, husband and wife.
Notary Public
4
EXHIBIT A
That part of Lot 179, A UGITOR'S SUBDIVfS:ON NO. 135. Henn2p;'r. County, Minnesota,
described as follows:
.
.
Corr.mencing at the northeasterly cerner of said lot: U'ience South 21 degrees
19 mim..:tes 45 seconds 'Nest. assumed bearing, along the easterly line of said
let. 22.00 feet tc the point of beginning; thence 'Nesteriy and southwesterly
27.65 feet along a curve, concave ro the south. having a radius of 48.00 feet. a
central angie of 33 degrees and a radius point on the easterly line of said lot
distant 70.00 feet southwesterly of the northeasterly corner of said lot: thence
south'Nesterly 98.23 feet.. along a compound curve. concave to the southeast,
having a radius of 84.00 feet and 3 central angle of 67 degrees; thence southerly
and southeasterly, 39.74 feet along a compound curle. concave to the
northeast. having a radius of 33.00 feet and a central angle of 69 degrees;
thence easterly, along a compound cur/~, t;oncave to the north, having a radius
of 50.00 feet. a centra! angle of 44 degrees 11 minutes 42 seconds, a distance
of 38.57 feet to the easterly line cf said lot: thence North 21 degrees 19 minutes
45 seconds c3St, along said easr-:rfy fine. 112.2 fe~t to the point of beginning
.
.
PETITION FOR ASSESSMENT OF TRUNK WATER CHARGE
City of Shorewood,
State of Minnesota
, 1996.
To the City Council of Shorewood, Minnesota:
WE, THE UNDERSIGNED OWNERS of real property described as Lot
179, Auditor's Subdivision 135, Hennepin County, Minnesota,
commonly described as 6020 Galpin Lake Road, Shorewood, Minnesota
55331, hereby petition the City Council as follows:
1.
Petitioners have applied to divide their real property
at 6020 Galpin Lake Road into two lots.
2. The property is presently zoned R-1C, single family
residential, and contains 100,201 square feet of area (2.16
acres)
3. The property is presently occupied by the Petitioners.
4. The proposed lots will contain 41,814 square feet and
58,387 square feet respectively.
5.
The petitioners are required, prior to the release of a
Council resolution approving the division, to pay a trunk water
charge of FIVE THOUSAND AND NO/100 DOLLARS ($5,000.00).
6. That a lump-sum paYment by Petitioners in that amount
would present an extreme financial hardship at this time; that
there is presently in excess of ONE HUNDRED THIRTY-THREE THOUSAND
AND NO/100 DOLLARS ($133,000.00) face amount of mortgages against
the premises; the purpose of the lot division is to raise
sufficient funds to pay a portion of that debt, together with
1
Exhibit E
.
.
.....
other debts accumulated and presently due and owing by
petitioners; that in addition, Petitioners are required to pay
park dedication and local sanitary sewer access charges in a
lump-sum amount of TWO THOUSAND AND NO/100 DOLLARS ($2,000.00)
WHEREFORE, PETITIONERS HEREBY petition the Council to assess
the trunk water charge in the amount of FIVE THOUSAND AND NO/100
DOLLARS ($5,000.00) under the provisions of Minn. Stat. s429, or
other relevant authority.
Richard C. Jenson, Petitioner
Patricia B. Jenson, Petitioner
Examined, checked and found to be in proper form and to be
signed by the petitioners who are the owners of the above-stated
real property.
City Administrator - Clerk
2
,.~.
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD. SHOREWOOD. MINNESOTA 55331-8927 . (612) 474-3236
MEMORANDUM
TO:
Planning Commission, Mayor and City Council
.
FROM:
Brad Nielsen
DATE:
26 November 1996
RE:
Taube - Variance for Two Homes On One Lot
FILE NO.:
405 (96.26)
BACKGROUND
.
Stan and Patti Taube own the home at 27280 Edgewood Road (see Site Location map-
Exhibit A, attached). They recently purchased the lot to the west of them at 5315
Howard's Point Road in order to expand their home on its west side. They intend to
combine the lots to provide adequate room to build the addition in conformance with
Shorewood zoning requirements. The newly purchased lot has an existing home on it
which will be occupied until next spring. They request a variance to allow two homes on
one lot on a temporary basis.
The property is zoned R-IA/S, Single-Family Residential/Shoreland. Combined, the two
lots contain approximately 155,693 square feet of area (3.57 acres). The location of the
two homes and an existing garage on the westerly lot are shown on the applicants' survey
(Exhibit B). The existing Taube residence contains 4643 square feet of area, while the
proposed addition amounts to 2064 square feet. The applicants have submitted a detailed
tabulation of impervious surfaces on the property, showing that if the lots are combined
and the westerly house and garage are removed, the amount of hard surface, including the
addition is approximately 19.8 percent of the combined lot area..
A Residential Community on Lake Minnetonka's South Shore
~
r
Memorandum Re: Taube Variance
26 November 1996
Page two
ANAL YSIS/RECOMMENDATION
Although there is some precedent for grantipg the applicants' request (see Grewe
Variance), there are several issues which must be resolved prior to approval.
1.
The applicants' survey raises a question as to whether both parcels are torrence
property, suggesting that there may be difficulty combining them if they are not.
This is relatively easily resolved by making issuance of the building permit
contingent upon the applicants providing evidence that the lots have been legally
combined.
.
2. There needs to be a financial security adequate to guarantee that the westerly
house and garage will be removed and the property restored no later than 16 June
1997. The applicants should be require to submit an estimate for demolition of
the house and restoration of the lot, from which a letter of credit or cash escrow
equal to 150 percent of the estimate should be provided.
3. InformatIon submitted by the applicants suggests that the property may be
resubdivided in the future. Given the extraordinary amount of impervious surface
on the property, this ~ay not be possible. The applicants may wish to layout a
future subdivision to aSsure themselves that hardcover requirements can be met on
the easterly lot.
.
A~suming that these issues are resolved the request should be favorably considered in that
it brings the Taube property into conformity with the Shore land District hardcover
requirements. Subject to the recommendations in 1-3 above, it is recommended that the
variance be granted.
cc: Jim Hurm
Tim Keane
Stan and Patti Taube
Bruce Knutson
.._---:-_____0.
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Exhibit A
SITE LOCATION
Taube variance request
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Exhibit B y
PROPERTY SURYE: d proposed structures
Show both lots, eXIstmg an
.
.
dIJII.
November 05, 1996
City of Shorewood
Planning Commission
City Council
Staff
re: Taube Variance
Dear Sirs and Madams,
Weare here with submitting the support materials for a variance to temporarily have two
structures on one lot during the construction phase only.
The Taube's have purchased the adjacent lot to the west of their existing home. They
would like to add on a master bedroom suite and office. To accomplish this they will be
demolishing the existing home on the adjacent lot and will meet all of the city, hard cover
and set back requirements. They do not want any site variances regarding site planning.
Due to the requirements of vacating the existing property line, the registration process
and a complicated closing schedule with the seller, the Taube's would propose to begin
construction on their addition prior to the demolition of the existing home to accelerate
the construction schedule to beat the fast approaching bad weather. In the spring the
existing adjacent home will be tom down and removed and the lot will be landscaped
appropriately.
Please review the enclosed information. If you have any questions please do not hesitate
to call.
Thank you in advance for your consideration.
Sincerely,
.
utson, A.I.A.
president
BK/ae
Exhibit C
APPLICANTS' REQUEST LETTER
Dated 5 November 1996
1128 Harmon Place, Suite 308, Minneapolis, Minnesota 55403,
996
HARDCOVER WORKSHEET
,vs; Job Number 961083
laple
mosl
;e of House Area
ine a 38,8 2~.11 935
cncc 16.1 25.1 404
, leel 2.3 8.7 20
;Ierly 32.6 25.1/ 818
,hme -7 5.2, -36
I Ihe 3.5 27.41 96
clual 43.5 26.1 1135
"8.8 3.9 34
44.4 1.4 62
33.5 12 402
20.6 11.7 241
rlhe 20 7 140
lung 23 17 391
cs 10 Total House (Existing) 4643
() be Pr()p()~ed Addition Area
lOinl 3inn.. 39.51 790
uint; 38 1159
reel 5 115
el 10 Total proposed addition 2064
. ~ncc
Concrete Driveway
121 75/ 900
262 15 3930
53 ~:I 1378
1e of 21.5 516
Ingle 37 107 3959
'II uf Total Concrete Driveway 10683
! the
i in u Rock over plastic Area
1'1.01 36 22' 792
. I
reo I: 12 251 300
!. 45 91 405
45 71 315
33 12' 396
1001 1~1 800
110 I 1100
III": 901 10j 900
nl; 1201 151 1800
~ to 26.51 33! 875
ual Total Rock over plastic 7683
. ine
lke Rock Wall 1
as 3261 1 r 326
Total Rock Wall 326
:uf
(5 VValks ~nd retaing walls
tiC; 251 4 100
uf 121 14 168
J's 501 10 500
.1ka 85 25 2125
l~1 22 286
lhe 40 1560
25 -30 15 -450
nee 155 5 775
:rly 40[ 8 320
inl; Total Driveway 5384
Total Hardcover 30782
l\\.'11 Total Lot Area to OHW 155693
.cst
pial Percenta e Hardcover 19.77%
Note: additional hardcover in the form of landscaping and
end walks may be proposed as plans for the proposed addition
are further developed by the architect. The existing home
you and garage and other landscaping on the westerly parcel
are not shown or tabulated since they are proposed to be 0,
removed as part of this project. ~
5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 · (612) 474-3236
'r
CITY OF
SHOREWOOD
MEMORANDUM
..
TO:
FROM:
DATE:
RE:
FILE NO.
Mayor and City Council
Brad Nielsen
13 December 1996
Marsh Pointe - Street Light Plan
405 (94.05)
Lundgren Bros. Construction has submitted a plan for street lighting in their Marsh Pointe
project (see Exhibit A). They propose nine street lights, seven of which are located entirely
within their property boundaries. Two lights are proposed at the entrances to the project on
Smithtown Road.
.
Shorewood's current policy specifically allows street lights at intersections and at the end
of cul-de-sac streets. Mid-block lighting is not allowed, except where traffic conditions
dictate (e.g. steep hills, sharp curves, etc.). The locations shown as #2, #5, and #8 on
Exhibit A do not appear to be consistent with current policy. The other six comply with
City policy.
Shorewood's policy also includes notification of property owners within 500 feet of each
proposed light location. A copy of the notice which was sent out is attached as Exhibit B.
In the past the City has specified a standard "cobra" style of light. In recent requests NSP
has informed us that a more decorative carriage style light does not cost any more than the
cobra. These are also easier to black out a panel to diminish light in a chosen direction.
The Council may wish to specify these in the future.
If you have any questions relative to this matter, please do not hesitate to contact me prior
to Monday n.ight's meeting.
cc: Jim Hurm
Tim Keane
Larry Brown
Marc Anderson
A Residential Community on Lake Minnetonka's South Shore
#9
Wd~ND
OUTLOT .
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CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD. SHOREWOOD. MINNESOTA 55331-8927 · (612) 474-3236
NOTICE
.
Lundgren Bros. Construction has submitted a plan for street lighting within their Marsh Pointe
development (see map on reverse side) on the north side of Smithtown Road.
The Shorewood City Council hereby notifies all property owners within 500 feet of the proposed
lights that the Council will consider a request for street lights in the locations shown on the map
(on reverse side) at their meeting on 16 December 1996 in the Council Chambers of Shorewood
City Hall, 5755 Country Club Road. The meeting starts at 7:30 P.M.
You are invited to attend this meeting to express your opinions and concerns. If you can not attend
the meeting, you may respond in writing to:
Shorewood City Council
c/o Planning Dept.
5755 Country Club Road
Shorewood, MN 55331
.
FAX # 474-0128
If you have any questions relative to this matter, you may call the Planning Department at
474-3236.
~\irr 5
A Residential Community on Lake Minnetonka's South Shore
.,
.
NOV 25 '96 12:10PM LUNDGREN BOS. CONST.
488
..... N6i1h1101tlOOd BuiIdBr
P.2/3
November 25,1996
Mr. Bradley J. Nielsen
Pl1mning Director
City of Shorewood
S7SS Country Club Road
Shorewood, MN 55331
VIA FAX
Re: Street Lights, MARSH POINTE
Dear Brad;
)hone 612.473.1231
:ax 612.473.7401
Please consider this letter our request to install nine street light in Marsh Pointe
135 East WayzatA Boulevard per the a.tta.ched plan. Installation will be accomplished by NSP at no cost to the
Nayzata. Minnesota 55391 City. NSP will bill the City for electrical uses per the normal practice in the City.
iUilder Lkenwq No. 0Cl01413
.
I would ask that this matter be brought up at the November 25th City Council
meeting. Thank you.
b Marc S. Anderson
Director of Land Development
LWSLEl"I'8.DOC
1S~~b.+ G
,
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 · (612) 474-3236
MEMORANDUM
.
TO:
FROM:
DAlE:
RE:
FILE NO.
Mayor and City Council
Brad Nielsen
12 December 1996
Chandler, Jack - Request for Refund of Sewer Assessment
Property - 28200 Woodside Road
In 1992 Mr. Jack Chandler approached the City Council about obtaining a variance to
subdivide his property or a return of the extra sewer assessment which was assigned to his
property in the early 70's (see staff report, dated 23 November 1992 -Exhibit A, attached).
Although the Council at the time seemed agreeable to a refund, they gave Mr. Chandler the
choice of applying for a variance.
.
Mr. Chandler has now returned for a refund to the original assessment (see his letter, dated
20 November 1996 - Exhibit B, attached). The recommendation remains the same as in the
1992 memorandum. The original assessment was $1800., If the Council agrees to paying
back interest on the assessment, the Finance Director calculates the total amount to be
$3048 based upon a 6.5 percent interest rate.
If you have any questions relative to this matter, please do not hesitate to contact me prior
to Monday night's meeting.
cc: Jim Burro
Tim Keane
Larry Brown
Al Rolek
Jack Chandler
#/0
A Residential Community on Lake Minnetonka's South Shore
"
FILE COpy
_-L" .", ~
.\:.Y :..1J...,.'.>::.,.i,..,.{?
I I' IJ
-/
MAYOR
Barb Brancel
COUNCI L
Kristi Stover
Bob Gagne
Rob DaughertY
Daniel Lewis
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236
MEMORANDUM
TO:
Mayor and City Council
FROM:
Brad Nielsen
.
DATE:
23 November 1992
RE:
Chandler, John - Request for Variance or Return of Sewer Assessment
-
FILE NO.:
....---.,.
-.......
Property - 28200 Woodside Road:
..--"""'--------- _.-----.~""'~
Mr. Chandler appeared at the 9 November Council meeting and presented the attached letter
requesting a lot area variance to subdivide his property or a return of the sewer assessment
which had been paid on the property.
.
With respect to a lot area variance, Shorewood's Code requires that the applicant
demonstrate that some hardship exists which. keeps him from making reasonable use of this
property. The application for a variance requires certain information relative to location of
buildings, access, lot dimensions, in this case - location of the ordinary high water level of
Lake :Minnetonka, etc., all based upon a survey of the property. Once this information has
been evaluated, a public hearing must be held prior to any decision being made by the City.
Mr. . Chandler's determination that his lot contains only 73,500 square feet of area is not
based upon a survey but rather appears to be an enlargement of the Hennepin County half-
section map (his Exhibit 3). Given the amount of area which appears to be lacking and the
fact that other lots in the area appear to be 40,000 square feet or larger, it is understandable
that Mr. Chandler would not wish to risk the cost of a survey.
Staff has researched the status of sewer assessments on Mr. Chandler's property. City
records show that the property was assessed for two units. The City Attorney advises that
technically the City is not obligated to correct the assessment 20 years after the fact. There
is, however, some precedent for refunding the assessment. A few years ago the City agreed
to return a sewer assessment on a lot which had been deemed unbuildable (see Henney, Bill -
Lot Width and Area Variance). The eEmC",u:)(fS of the staff ~that it would be unfair not to
refund the $1800 assessment. Whe~er <:>r !lot interest shoul~ be included is up to the City
Council. - - rAAjo;-,-ti (~e \
Qch, bfr A
A Residential Community on Lake Minnetonka's South Shore
.
.
Re: Chandler, John
Request for Variance
23 November 1992
Prior to any refund being paid, the City should require documentation by Mr. Chandler's
surveyor verifying that his property is only 73,500 square feet in area.
If you have any questions relative to this matter, please do not hesitate to contact my office
prior to Monday night's meeting.
BJN:ph
cc:
Jim Hurm
Tim Keane
Joel Dresel
Al Rolek
Jack Chandler
- 2 -
.
.
November 20, 1996
Mayor & City Council
City of Shorewood
5755 Country Club Road
Shorewood, MN 55331
From: John D. Chandler
28200 Woodside Road
Shorewood, MN 55331
Re: Request for return of sewer assessment or a variance to
the 40,000 sqr.ft. requirement for a building lot.
At the time the sewers were installed, the City determined
with their surveyors, the size of all lots affected. Each 40,000
sqr.ft. would receiev one assessment. Since the city determined
I had 84,942 sq.ft. I received two assessments. (see exhibit
#1 ).That was fine, except that when I requested permisSion
to divide the property I was informed that I needed to obtain
a survey showing the actual sq.ft. I contacted Egan,Field &
Nowak,Inc. who determined from certificates of title, registered
land surveys and their own file information that I had a total
of 73,409 sq. ft. (exhibi t #2). The City had made an error of
over 10,OOOsq.ft. when they made their calculations.
I want to retain 40,000 sq.ft. for my present home. So that
means I would need a variance down to 33,400 sq.ft. to make
my rear area a buildable site. To do this I would have to go
to the planning commisssaion with a new survey that would show
bldg. locations, distances, etc,etc. If approved by the Planning
Commission, the request would then go to the council and before
giving their approval the City would have to publish the request
and send notices of same to possibly affected neighbors. I
know that Tom Wartman, (immediate property to the South) would
object as would Carl Westin(to the East).
Wi th this, plus the cost of a new survey in mind, I would
be satisfied with the return of my assessment plus interest.
z:Jjv.er ~~uI1 yours. '.
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MINNEAPOLIS. MINNESOTA 55426
7.&15 WA.Y2ATA aOUlEvAllD
Ptlane: (612) ~37
FAX: (1512) 54&-6839
December 8, 1992
Jack Chandler
28200 . WoodsideR-aad
Shorewood, MN 55331
.___~. ___._ 4_
Re: Area calculations for lot division feasibility
Dear Mr. Chandler:
In July of 1992 you requested and we performed area calculations of your
property. The calculations were based on descriptions from the Certificates of
Title you provided us and the underlying Registered Land Survey dimensions. The
shoreline of Lake Minnetonka was determined using the underlying Registered Land
Survey dimensions and Egan, Field & Nowak file information. The foUowing is a
list of areas by certificate of title number:
Doc. No. 369583 -
Doc. No. 262539 =
Doc. No. 346267 =
Total =
19,756 square feet
52,921 square feet
732 square feet
73,409 square feet
If you should have any questions regarding this matter or if we can assist you in
any way please do not hesitate to call.
p~
Jack Boike,
Vice President, COO
CITY OF SHOREWOOD
RESOLUTION NO. 96-
A RESOLUTION ADOPTING THE 1997 BUDGET AND APPROVING
THE 1996 PROPERTY TAX LEVY COLLECTIBLE IN 1997
WHEREAS, the 1997 Budget and 1996 property tax levies collectible in 1997 for
the City of Shorewood were submitted and made available for public review at City Hall on
November 27, 1996; and,
WHEREAS, a Public Hearing, upon notice duly given, was held on December 4,
1996, for the purpose of receiving comments from the public regarding the adoption of such
budgets and property tax levies; and,
WHEREAS, the adoption of the 1997 Budgets and 1996 property tax levy
collectible in 1997 was held over to a subsequent hearing held on December 16, 1996.
. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
1. That the following budgets are adopted for 1997:
General Fund
Water Fund - Operating and Debt Service
Sewer Fund
Recycling Fund
Stormwater Management Fund
$2,633,291.00
637,115.00
999,666.00
72,005.00
208,007.00
2. That the following sums be levied for 1996, collectible in 1997, upon taxable
property in the City of Shorewood for the following purposes:
.
General Fund
Less: HACA
Total Levy
$2,126,131.00
(420.880.00)
$1,705,251.00
3. That the City Administrator/Clerk is hereby instructed to transmit a certified copy
of this resolution to the County Auditor of Hennepin County, Minnesota.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 16th day
of December, 1996.
Robert B. Bean, Mayor
ATTEST:
James C. Hurm, City Administrator
#-11
CITY OF SHOREWOOD
RESOLUTION NO. 96.
A RESOLUTION REVISING THE WAGE AND SALARY
RANGE CHART FOR 1997 FOR CITY EMPLOYEES
WHEREAS, the City Council has established the current salary and wage range chart for City
employees by its Resolution No. 95-122; and,
WHEREAS, it is the intention of the City Council to, from time to time, revise such salary and
wage range chart for City employees within the parameters of State Statutes.
NOW, THEREFORE, BE IT RESOLVED that:
.
1. The City of Shorewood's Salary and Wage Range Chart is hereby revised for the year
1997 as listed on Exhibit A, attached to and hereby made a part of this resolution.
BE IT FURTHER RESOLVED that this resolution shall be effective January 1, 1997.
ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 16th day of December, 1996.
Robert B. Bean, Mayor
ATTEST:
James C. Hurm, City Administrator
.
1# 1;;A
EXHIBIT A
CITY OF SHOREWOOD
PAY PLAN/PAY RANGES
1997
aJRAENT RAN3E
POSITION STEP 2 3 4 5
Exec. Secty.lDeputy Clerk 5 30,665 32,582 34,498 36,415 38,331
Reception ist/Secretary 2.3 21,756 23,116 24,476 25,835 27,195
Fff Clerical 1-2 21,756 23,116 24,476 25,835 27,195
Pff Clerical 3-4 19,277 20,482 21,687 22,892 24,097
Election Clerk 18,360 19,507 20,654 21,802 22,949
Finance Directorffreas 5 42,986 45,673 48,360 51,046 53,733
Senior Accounting Clerk 5 26,338 27,984 29,630 31,276 32,922 .
Planning Director 5 41,294 43,875 46,456 49,037 51,617
Building Inspector 5 33,017 35,080 37,144 39,208 41,271
Planning Assistant 5 29,348 31 ,182 33,016 34,850 36,684
Light Equipment Operator 26,244 27,884 29,524 31,164 32,804
Public Wks Working Foreman 29,432 31,271 33,111 34,950 36,790
Supervisor of Oper. & Maint. 4-5 35,844 38,084 40,325 42,565 44,805
City Engineer/Pub Wks Director 2-3 46,680 49,597 52,515 55,432 58,350
Administrator/Clerk 5 49,650 52,753 55,856 58,960 62,063 .
Liquor Operations Manager 5 33,594 35,693 37,793 39,892 41,992
Liquor Assistant Manager 5 23,037 24,476 25,916 27,356 28,796
Liquor Clerk 14,052 14,931 15,809 16,687 17,566
NOTES: 1. Step 5 is the normal salary/wage cap (TOP). It is based on averages for similar
positions in cities with similar populations, number of employees, location and job descriptions.
2. Normally, an employee would be hired at Step 1 - 80% of the TOP
3. After probation (6 months), an employee would go to Step 2 . 85% of the TOP.
4. After 1 year, an employee would go to Step 3 . 90% of the TOP.
5. After 2 years, an employee would go to Step 4 - 95% of the TOP.
6. After 3 years, an employee would go to Step 5 - 100% of the TOP.
This plan, like the proposed Union contract, would allow us to hire a person at Step 2 if the
person is highly qualified and/or has significant experience and we need to offer a higher wage to
attract them. It should also allow us to offer up to Step 4 after probation for the same reasons.
Employees may move more slowly through the range if not meeting expectations, and the City
should be able to exceed Step 5 for exceptional performance.
,.. ..
CHECK APPROVAL LISTING FOR DECEMBER 16, 1996 COUNCIL MEETING
CHECKS ISSUED SINCE DECEMBER 2, 1996
CKNO TO WHOM ISSUED PURFOSE AMOUNT
19794 PEPA PERA LIFE INSURANCE $45.00
19795 MEDICA DECEMBER HEALTH INSURANCE 4,341.04
19796 MEDCENTERS DECEMBER HEALTH INSURANCE 1,549.99
19797 GROUP HEALTH DECEMBER HEALTH INSURANCE 1,492.28
19798 LEAGUE OF MN CmES DECEMBER DENTAL INSURANCE 535.96
19799 MINNESOTA MUTUAL LIFE DECEMBER srr DISABILITY 85.50
19800 COMMERCIAL LIFE INSURANCE DECEMBER LIFE INSURANCE 81.20
19801 AFSCME COUNCIL 14 DECEMBER DELTA DENTAL 192.00
19802 AT&T WIRELESS SERVICES AIRllME 336.98
19803 BRADLEY NIELSEN SEC 125 REIMB 172.38
19804 PIZZA PLATTER ORIENTATION MEETING 28.00
. 19805 CITY OF TONKA BAY DECEMBER RENT-TB L1Q 1,000.00
19806 US WEST COMMUNICATIONs/ADVERTISING 498.68
19807 CARVER COUNTY TITLE GUAR OVERPD ASSESSMENT -BOYER 937.50
19808 PRINT MATE SUPPtJES 79.83
19809 BUDGET LIGHTING, INC SUPPtJES 142.36
19810 GRIFFIN COMPANIES DECEMBER RENT-L1Q I 5,793.51
19811 HONEYWELL PROTECTION QTRL Y MONITORING 79.88
19812 QUALITY WINE & SPIRITS WINE 419.27
19813 VAL-PAK ADVERllSING 485.00
19814 VOID 0.00
19815 FIRST STATE BANK FED/FICA TAX 7,766.48
19816 PEPA PERA 2,465.75
19817 ICMA RETIREMENT TRUST 457 DEFERREDCOMP 816.30
19818 CITY COUNTY CREDIT UNION PAYROLL DEDUCTIONS 842.00
. 19819 ANOKA CO SUPPORT/COLLECT CHILD SUPPORT -C. SCHMID 139.44
19820 AFSCME COUNCIL 14 UNION DUES 119.10
19821 MN DEPARTMENT OF REVENUE STATE TAX 1,363.99
19822 ARMOR LOCK & ALARM QTRL Y MONITORING 145.12
19823 BROWNING FERRIS IND WASTE REMOVAL 33.66
19824 GAME TIME PLAYGROUND EQUIP. PANEL 419.12
19825 KATHLEEN HEBERT SEC 125 REIMB 187.50
19826 DREW KRIESEL NOVEMBER JANITORIAL 230.00
19827 STATE OF MINNESOTA 1996 MN STATUTES 197.03
19828 THERESA NAAB SEC 125 REIMB 20.84
19829 BRADLEY NIELSEN SEC 125 REIMB 347.36
19830 NORTHERN STATES POWER UTILITIES 5,796.55
19831 JOSEPH PAZANDAK MILEAGE 44.79
19832 ALAN ROLEK SEC 125 REIMB 36.51
19833 SHOREWOOD TRUE VALUE WET/DRY V AC 19.17
19834 STATE BOARD OF ELECTRICITY ELECTRICAL INSPECTION FORMS 25.00
Page 1
.
.
CKNO
19835
19836
19837
19838
19839
19840
19841
19842
19843
19844
19845
19846
19847
19848
19849
19850
19851
19852
19853
19854
19855
19856
19857
19858
19859
"
AMOUNT
$285.79
152.00
23.90
258.98
16,292.12
24,438.18
24,438.18
24,438.18
100.00
2,250.00
3,792.12
327.96
6,196.02
11,805.65
9,423.75
6,065.30
1,180.42
6,450.52
166.40
100.56
1,030.60
2,181.45
1,389.52
12,102.85
2,576.88
CHECK APPROVAL LISTING FOR DECEMBER 16, 1996 COUNCIL MEETING
CHECKS ISSUED SINCE DECEMBER 2, 1996
TO WHOM ISSUED
US WEST
WASTE MANAGEMENT
WESTWIND BAKERY
LAWRENCE NICCUM
MR. RANDAL TRA VALIA
MR. MARK Z. JONES
TRIVESCO
MR. PAUL N. STEINER
CHERYL OBRIEN
AIR REFRIGERATION
BELLBOY CORP.
BELLBOY BAR SUPPLY
DAY DISTRIBUTING
EAST SIDE BEVERAGE CO
GRIGGS, COOPER & CO
JOHNSON BROS LIQUOR
LAKE REGION VENDING
MARK VII
MARLIN'S TRUCKING
NORTH STAR ICE
PAUSTIS WINE COMPANY
PHILLIPS WINE & SPIRITS
QUALITY WINE & SPIRITS
THORPE DISTRIBUTING
TOWLE REAL ESTATE
PURFaSE
COMMUNICATIONS
WASTE REMOVAL
CAKE
HAY BALES/SNOWMOBILE PARTS
BOND REDEMPTION
BOND REDEMPTION
BOND REDEMPTION
BOND REDEMPTION
ESCROW REFUND
REPLACED CONDENSING UNIT
UQUOR
MISClSUPPUES
BEER'MISC
BEER'MISC
L1QUORIWINElMISC
L1QUORIWINElBEER
MISC
BEER'MISC
FR8GHr
MISC
WINE
L1QUORIWINE
L1QUORIWINE
BEER'MISC
DECEMBER RENT-UQ II
TOTAL CHECKS ISSUED
Page 2
CHECKW VENDOR NAME DESCRIPTION DEPT. AMOUNT
-------- ------------------------- ------------------------ -------- -----------
CITY OF SHORE WOOD
CHECK APPROVAL LIST FOR
DEC. 16, 1996 COUNCIL MTG
19860 AMERICAN ENGINEERING
SR CTR TESTING
19861 B & J AUTOMOTIVE
TIRE REPAIR
19862 BIFFS, INC.
PORTABLE TOILET RENTAL
19863 BRYAN ROCK PRODUCTS, INC. SR CTR-ROCK
19864 CARGILL SALT DIVISION SALT
19865 CHAMPION AUTO STORE ~344 SPARK PLUGS
19866 CONSULTING MAC (THE) MAC CONSULTING
4Ir67. COORDINATED BUSINESS SYST DEVELOPER/TONER
19868 CROSSTOWN-OCS, INC. COFFEE
19869 DJ"S MUNICIPAL SUPPL.Y INC SHOP SUPPL.IES
19870 EXCELSIOR-CITY OF SIGNAL LIGHT-OAK ST
4TH QTR SEWER FEE
*** TOTAL FOR EXCELSIOR-CITY OF
.-------- 2,614.80
PUB WKS 28.46
PARKS & 61.26
------...-- 164.40
SNOW & I 1,926.14
PUB WKS 11.44
GEN GOVT 420.00
GEN GOVT 200.68
MUN SLOG 155.94
CITY GAR 25.53
TRAF CON 118.16
SEWER DE 1,932.85
2,051.01
1,521.10
19871 FEED-RITE CONTROLS, INC. WATER TREATMENT CHEMICAL WATER DE
LIQUOR LIABILILTY -------- 6.00
LIQUOR LIABILILTY -------- 6.00
FOR KEN JARCHO INSURANCE 12.00
19872 FINA FLEET FUELING
FUEL
19873 HENNEPIN COUNTY TREASURER OCT PRISONER EXP
.874 HENN CO GENERAL SERVICES 96 TIF ADMIN COSTS
19875 HENNEPIN COUNTY TREASURER POSTAL VERIFICATIONS
19876 HOPKINS PARTS COMPANY
19877 IDENTI-GRAPHICS
19878 INNOVATION GROUPS(THE)
19879 INSTY-PRINTS
19880 KEN JARCHO INSURANCE
*** TOTAL
.1988.1 KAR PRODUCTS
VEHICLE MAINT
NAME LABELS + TX
RESEARCH PACKETS
WINTER NEWSLETTER
SHOP SUPPLIES
19882 LEAGUE OF MN CITIES INS T INS-UMBRELLA POLICY
19883 LIGHTNING LEGAL COURIER
COURIER-SPRINGSTED
19884 LUNZ MASSOPUST REID...
PROFESSIONAL FEES
Page 3
CITY GAR
483.97
POLICE P
1,.147.30
5.17.29
GEN GOVT
46.80
PUB WKS
191.67
PUB WKS
130.32
ADMIN
136.00
COUNCIL
1,085.21
CITY GAR
237.56
MUN SLOG
5,802.00
WATER DE
27.00
.S40 . 00
CHECK~ VENDOR NAME DESCRIPTION DEPT. AMOUNT
-------- ---~--------------------- ------------------------- -------- -----------
CITY OF SHORE WOOD
CHECK APPROVAL LIST FOR
DEC. 16, 1996 COUNCIL MTG
PROFESSIONAL FEES
PROFESSIONAL FEES
*** TOTAL FOR LUNZ MASSOPUST REID.
19885 MEDTOX LABORATORIES
DRUG TEST
19886 METRO WEST INSPECTION SVC NOV BLDG INSPECTIONS
19887 AT&T WIRELESS SERVICES
AIR TH1E
19888 MINNCOMM PAGING
PAGER
19889 MINNEGASCO
UTILITIES
UTILITIES
UTILITIES
UTILITIES
UTILITIES
UTILITIES
UTILITIES
UTILITIES
UTILITIES
*** TOTAL FOR MINNEGASCO
.
19890 MINNETONKA-CITY OF MTKA WATER PURCHASE
19891 MINNETONKA COUNTRY CLUB APPRECIATION PARTY
19892 WM. MUELLER & SONS, INC. SAND
19893 NATIONAL CIVIC LEAGUE CIVIC REVIEW
.894 NAVARRE TRUE VALUE W/H KEYS
19895 NEENAH FOUNDRY COMPANY SEWER LID
19896 NORTHERN SNOWMOBILE-EQUIP MAIN
19897 ORR,SCHELEN,MAYERON/ASSOC SEPT/OCT ENGINEERING
SEPT/OCT ENGINEERING
SEPT/OCT ENGINEERING
SEPT/OCT ENGINEERING
SEPT/OCT ENGINEERING
SEPT/OCT ENGINEERING
SEPT/OCT ENGINEERING
SEPT/OCT ENGINEERING
SEPT/OCT ENGINEERING
SEPT/OCT ENGINEERING
SEPT/OCT ENGINEERING
SEPT/OCT ENGINEERING
SEPT/OCT ENGINEERING
SEPT/OCT ENGINEERING
*** TOTAL FOR ORR,SCHELEN.MAYERON/
. 19898 POTTS, KENNETH N.
NOVEMBER PROSECUTIONS
Page 4
-------- 360.00
-------- 900.00
1,800.00
------------ 46.00
PROT INS 60.00
SEWER DE 11.21
-----...---- 4.26
WATER DE 135.94
IMATER DE 130.23
-----.......--- 47.29
IfJATER DE 84.88
CITY G~~R 1,185.63
P(.~F~KS & 62.91
MUN BLDG 147.10
.-------- 43.06
-------.- 85.56
1,922.60
WATER DE
102.18
1,641.45
SNOW & I
911.8B
COUNCIL
56.75
PARKS &
22.75
SE"'JER DE
293.94
POLICE P
91.::.2
STREETS
PROJECTS
WATER DE
7,891.61
1,029.50
9,497.89
6,196.23
15,972.78
1,193.99
6,413.40
118.00
9,467.00
2,458.00
827.00
648.00
pr~OJECTS
-------- 325.00
-------- 1,016.50
63,054.90
PROF SER
1,508.33
'"
CITY OF SHOREWOOD
t'1UN BLDG 172.49
PUB WKS 5.41
---.-...---- 3~272.56
POLICE P 108.91
SEWER DE 1,210.00
CITY GAR 404.69
CHECK APPROVAL LIST FOR
DEC. 16, 1996 COUNCIL MTG
CHECKW VENDOR NAME DESCRIPTION DEPT. AMOUNT
------~- ------------------------- ------------------------ -------- -----------
19899 SAM'S CLUB
19900 SHORE WOOD TRUE VALUE
19901 STERLING FENCE~ INC.
BLDG SUPPLIES
BOLTS
FENCE-CAT HART PARK
19902 SO LK MTKA PUB SAFETY DEP OCT BOOKING FEE
19903 SULLIVAN UTILITY SERVICES SHADY ISL-SEWER REPAIR
19904 SUPERAMERICA
1905 TIME SAVER OFF SITE SEC
*** TOTAL
19906 UNITOG RENTAL SERVICES
19907 VIKING SAFETY PRODUCTS
19908 W.~L GRfi INGER, INC
19909 WALDOR PUMP
19910 WATERPRO
19911 WIDMER, INC.
19912 ZIEGLER, INC.
~913 MN SUN PUBLICATIONS
FUEL
MINUTES
MINUTES
FOR TIME SAVER OFF SITE
UNIFORMS
SAFETY ROPE
LIGHT METER
SHADY ISL-SEWER REPAIR
WATER METERS
WATER REPAIR & MAINT
EQUIP t1AINT
LEGAL ADS
LEGAL ADS
TOTAL FOR MN SUN PUBLICATIONS
***
19914 LARKIN~ HOFFMAN, DALy.... OCT/NOV LEGAL
OCT/NOV LEGAL
OCT/NOV LEGAL
OCT/NOV LEGAL
*** TOTAL FOR LARKIN, HOFFMAN,
19915 PETERSON ENVIRONMENTAL
-EXPERT WITNESS-JOHNSON
19916 SHORT ELLIOTT HENDRICKSON EXPERT WITNESS-JOHNSON
*** TOTAL CHECKS FOR APPROVAL
*** TOTAL CHECK APPROVAL T,TST
Page 5
GEN GOVT 177.50
PLANNING 122.50
300.00
CITY GAR 444.74
SEWER DE 78.15
PROT INS 123.52
SEWER DE 257.85
WATER DE 740.78
WATER DE 128.00
PUB WKS 666.87
-------- 180.94
GEN GOVT 140.00
320.94
PROF SER 34,301.56
-------- 1,107.00
-------- 279~OO
-------- 495.00
DAL 36~182.56
PROF SER
4,810.59
PROF SER
2,282.00
142,035.71
338.815.11
.
.
CHECl-<.
To( p::;:
COf'i
COf'i
COt"j
COf'i
Cm"i
CCijvj
cm1
Cm1
Cmi
Cm1
COf1
C0I1
Cm1
COt1
Cm'i
COi"j
~1;lN
Cm1
COM
COM
cm'i
COf'i
COf1
COf1
COf1
COt1
COf1
COt1
COt1
COM
COM
C0i1
COM
COM
COM
COM
COM
COf1
.
CHECK
D~'1 TE
12 07 96
12 07 96
12 07 96
1'" 07 96
12 07 96
12 .)7 9t~
12 07 96
12 07 96
12 07 96
12 07 96
12 07 96
12 07 96
12 07 96
.1-2 07 96
12 07 96
12 07 96
12 07 96
12 07 9t,
12 07 96
12 07 96
12 07 96
.12 07 96
12 07 96
.12 07 9-:'\
12 07 96
12 07 96
12 07 96
12 07. 96
12 07 96
.12 07 96
.12 07 96
12 07 96
.12 07 96
12 07 96
12 07 96
l2 ()7 96
.12 07 96
.12 07 96
CHi::. C K
F~EGISTi::.R
EMPLO'Y'EE:: NAi"iE
NUl1BER
80 WENDY 3. ANDERSON
10.1 SCOTT M. BARTLETT
115 LAWRENCE A. BROWN
175 SHAUNA J. BOFENKAMP
325 ANGELA M. COLE
375 JODI A~ DALLMAN
500 CHARLES S. DAVIS
775 JAMES C. EAKINS
870 KELLY P. FLANAGAN
1105 KERI ANNE GRAF
1190 KATHLEEN A. HEBERT
1400 PATRICIA R~ HELGESEN
1415 SHAWN D. HEMPEL
1550 JAMES C. HURM
1601 BRIAN D.
.1700 JEFFREY i;.
1800 DENNIS D.
"T^''''''-'
~ to'l ,".. C. L-
J;::r~3Ei~'1
JOHNSON
19.50 ivfi~RTIl...t L.. JOi....J.ES
2100 WILLIAM F. JOSEPHSON
2425 KELLY 8. LADD
2500 SUSAN M. LATTERNER
2800 JOSEPHP. LUGOWSKI
2805 JASON R. LUND
2900 RUSSELL R. MARRON
3000 THERESA L. NAAS
3100 LAWRENCE A. NICCUM
3400 BRADLEY J. NIELSEN
3500 JOSEPHE. PAZANDAK
3580 CHRI3TOPHER J. POUNDER
3600 DANIEL J. RANDALL
3701 BRIAN M. ROERICK
3800 ALAN J. ROLEK
3900 CHRISTOPHER E. SCHMID
4.190 DANA G. SHAW
4575 REBECCA A. TARVIN
4577 PAMELA T. TURNQUIST
4600 BEVERLY J. VON FELDT
4750 RALPH A. IMEHLE
****TOTALS****
Page 6
CHECK
HU;"iBER
2.11303
2.1.1304
211305
2.11306
21.1307
,...., 01 -",o,",-r.
L.....L...L...;II..JI~
2~1.3(.)'7
2.1.1311)
2.113.11
21.1312
2~13.l3
2.11314
21131.5
2.1.131c\
2.ll3.l7
2~.l313
2.11341
21.1320
2.1.1321
2.11.322
2.11323
2.11324
21.1325
211326
2.11327
2.1.1328
2.1.1329
2.1.1330
211331
2.11.332
211333
21.1334
21.1335
211336
21.1337
2.11338
2.1.1339
2.1.1340
CHECK
i;r'iOU1'.J.T
c~47 .. 3c,
34...29
.1385.50
~99 .. .ss
302..66
84.30
863..2.1
71.5.6.1
44.74
3":', '. IJI
637.36
569.19
143.29
1692.04
93.50
1083..33
878.3.1
76 .c c~2
632 .. ~It~
2()S.. 78
642.07
.1054..00
263.18
3.5..37
687..22
.1047.23
847.68
1057..75
846.20
.11.30.55
42.26
~L.142. 50
455.14
1~2.1 .. 22
184.48
617.37
77.47
633.54
2.11.:10.58
'fo: Mayor Bean, Shorewood City Council Members
From: Chris1'ine Lizee - 27055 Smithtown 1<oad, Shorewood
Date: 12 116/96
!<e: Lundgren Bros. "Marsh Pointe" Ugh1'ing Plan
As a nearby resident overlooking the wetlands shared with future neighbors at Marsh
Pointe, I am concerned with what I consider excessive lighting In the submitted plan by
Lundgren 6ros. Please review the attached page to see changes I have drown and believe
are adequate to provide security and sightllnes.
This plan removes all but three of the proposed lights. Ught~. already exists as it
illuminates the Cathcart Road Intersec1'ion on Smlthtown Road and highlights a curve In the
road. The other 1vvo remaining lights "~ and "r; would illuminate the curves In the proposed
street adequately.
I did an informal survey on surrounding development Iigh1'ing and my findings reflect the
revision to fewer lights than the Lundgren plan.
o Brentrldge Two 18' 7 coach lights illuminate curves In the road. One resident has a
private 10' yard light that may have existed prior to the development. There are no lights on
either entrance to Howard's Point Road.
o PIne Bend There are 6 private yard lights placed by residents approx. 7 high. There
are no lights at either entrance to Howard's Point Road.
o Noble 1<ood There is one 18' coach light lIIumlno1'ing a curve about midway on Noble 1<oad.
One resident has a 7 yard light. There Is one light at the Edgewood Road entrance. There
is no light at the Grant Lorenz entrance. Noble Road front yard setbacks are similar to f.y.
setbacks in Marsh Po/nte. illumination from homes and garages would provide additional light
on the street and cul-de-sacs.
In contrast, the Lundgren Highlands on Lake St. Joe development has seven 18'
coachlights. This development sits above Lake St. Joe and the lighting Is visible from
Minnewashta Parkway at night.
I ol:?Ject to the current plan and would hope the Council will see merit In reducing the number
of streetlights. !<educing the number of lights would:
1) be consistent with current lighting In neighboring developments that border the wetlands.
2) illuminate street Intersec1'ions and curves safely.
3) retain the natural character of the area and not affect the sense of tranquility neighbors
feel that live across the we1'iands from Marsh Poin1'e.
I would also like to recommend that lighting, monumento1'ion and landscaping plans be
referred to the City's Planning Commission, Gl$ I feel that it is important to consider the
en1'ire development at Its premIer stages. As a member of the Planning Commission,
I can say that adding these considerations would not be a burden, but perhaps more helpful
In discerning community questions, needs and desires early in the process.
'lr. __ _ -,
N~t
TO: CITY COUNCil OF SHOREWOO On
FROM: MIKE PIERRO ,,1t}-
5880 CHRISTMAS lAKE ROAD I'
SH OREWOOD, MN 55331
474-7471 FRH:4747594
RE: CRBR lKR DOCK S I TURTI 0 N
DRTE: 1 0 DEe 96
I SENT R LETTER TO THE PLANNING COMMISSION REGARDING THIS MATTER.
BECRUSE OF ALL THE Ill-WIll GENERRTED LRTHY I WISH TO REITERRTE THE TRUTH
AS I KNOW IT.
I HAllE BEEN A RESIDENT OF CHRISTMRS lAKE ROAD SINCE 1973. WE MOUEO IN
ACROSS THE STAEET FROM C ABRlKA'S AT 5890 AND WERE THERE UNTil 1983 WHEN
WE MOUED TO 5880. CONTINUOUSLY WE OWNED 40 FEET ON CHRISTMAS LAKE 40
FEET FD~ THE PRESENT CABRlKR PROPERTY. I USE THE LAKE SUMMER AND
WINTl\~E THAN MOST PROPERTY OWNERS.
~ -
I REPEAT WHAT I SAID IN MY lEl.'ll#-TO THE PLANNING C:~ISSION, I DON'T LIKE
GETTING IN THE MIDDLE OF NEIGHBORHOOD STRUGGLES BUT WHEN RSKED, I WilL
TELL THE TRUTH. TO THE BEST OF MY KNOWLEDGE WE HAllE ALWAYS GOTTEN RLONG
WITH OUR NEIGHBORS AND HRRBOR RBSOLUTEL Y NO ILl-W ILL TOWARD ANY-PAST
OR PRESENT.
AS TO THE MATTER !;1[fORE US, I CERTA INl Y DO NOT REC ALL RNY DOC'X" ON THE
PRESENT CABRLKA _=ERTY PR lOR TO THE SELLING OF THE HOUSE. IN FACT,
CABALKA'S AND I B A RAFT ON HIS PROPERTY DOWN BY THE LRKE.
I KNOW THE NUANCES OF OUR BRY AS I SPEND lOTS OF TI ME ON RND BY THE WATER.
I CAN UNHESITRTlNGLY SRY NO NOTICEABLE DOCK WAS ON THE PRESENT SITE FOR
OU ITE SOME TIME.
ALSO, I WISH FOR YOU TO CONSIDER THE PRECEDENT SETTING NATURE OF THIS
MAnER. OURS IS A RESIDENTIAL NEIGHBORHOOD. WE IN SHOREWOOD WILLINGLY
DEfIND SUCH R CONCEPT. DOES IT MRKE ANY SENSE TO HAllE A NON-RESIDENT ON
A NON-BUILDABLE SITE DRIUE IN FOR THE DAY, WEEKEND, SUMMER AND HAllE A
DOCK AND BOAnS) IN .,.SIDENTIAL AAEA? DOES THIS THEN MERN THRT OTHEAS
WHO MRY SELL THErA M,tDENCES MAY KEEP lAKE FRONT PROPERTY RND USE
SAME AS NON-RESlDfNTS? WHAT ARE THE RRMIFICATlONS FOR CHAISTMAS LAKE?
I AM SURE THE PlANN ING COMMI SS IONS CAAEFULL Y EHAMINED ALL ASPECTS
BEFORE THEIR ONE SIDED UOTE.
THOGHTFUllY TENDERED FOR YOUR CONSIDERATION.
To: Mayor eean, Shorewood City Council Members
From: Chrls11ne Uzee - 27055 SmJthtown Road, Shorewood
Date: 12 /16/96
!<e: Lundgren eros. .Marsh Polnte- Lighting Plan
As a nearby resident overlooking the wetlands shared with future neighbors at Marsh
Polnte, I am concerned with what I consider excessive IIgh11ng In the subml1"ted plan by
Lundgren eros. Please review the attached page to see changes I have. drawn and believe
are adequate to provide security and slghtllnes.
This plan removes all but three of the proposed lights. Ught M~ already exists as It
illuminates the Cathcart Road intersectlon on Smlthtown 1<oad and highlights a curve in the
road. The other two remaining lights Me- and .e would Illuminate the curves in the proposed
.,. -
street adequately.
I did an Informal survey an surrounding development lighting and my findings reflect the
revision to fewer lighTs than the Lundgren plan.
o Brentrldge Two 18'? coochllghts illuminate curves In.the road. One resident has a
private 10' yard light that may have existed prior to the development. There are no lights on
either entrance to Howard's Point 1<oad.
~
o Pine Bend There are 6 private yard lights placed by residents appro><. 7' high. There
are no lights at either entrance to Howard's Polnt Road.
./
o Noble 1<oad There is one 18' coachllght illuminating a curve .about midway on Noble 1<oad.
One resident has a 7' yard light. There Is one light at the Edgewood Road entrance. There
Is no light at the Grant Lorenz entrance. Noble Road front yard setbacks are similar to f. y.
setbacks In Marsh Polnte. illumination from homes and garages would provide addl110nalllght
an the street and cul-de-sacs.
In contrast, the Lundgren Highlands on Lake St. Joe development has seven 18'
coochlights. This development $It's above Lake St, Joe and the lighting Is visible from
Mlnnewashta Parkway at night.
I ol:2iect to the current plan and would hope the Council will see merit in reducing the number
of streetlights. !<educing the number of lights would:
1) be consistent with current lighting In neighboring developments that border the wetlands.
2) illuminate street Intersectlons and curves safely.
3) retain the natural character of the area and not affect the sense of tranquility neighbors
feel that live across the wetlands from Marsh Pointe.
I would also like to recommend that IIgh11ng, monumen1"atlon and landscaping plans be
referred to the City's Planning Commission, as I feel that it Is important to consider the
entire development at It's premier stages. As a "Iember of the Planning Commission,
I can say that adding these considerations would not be a burden, but perhaps more helpful
in discerning community questions, needs and desires early in the process.
J~t
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