080894 CC Reg AgP
'i - .
CITY COUNCIL REGULAR MEETING
CITY OF SHOREWOOD
MONDAY, AUGUST 8, 1994
5755 . COUN'l'RY CLUB ROAD
COUNCIL CHAMBERS
7:00P.M.
AGENDA
1 . CONVENE CITY COUNCIL MEETING
A. Pledge ef Allegiance
B. Rell Call
Daugherty
Lewis
Bensen
Mayer Brancel
Stever
C. Review Agenda
2. APPROVAL OF MINUTES
A. City Ceuncil Regular Meeting Minutes - July 11, 1994
(Att.-#2A Minutes)
B. City Ceuncil Regular Meeting Minutes -July. 25, 1994
(Att. -#2B Minutes)
3. CONSENT AGENDA - Motion to approveitem.s on
Consent Agenda &: Adopt Resolutions Therein:
A. A Metien to. Adept a ReselutienAppeinting a
Representative to. Suburban Alliance Beard ef Directers
(fermerly West Hennepin Human Services Planning Beard)
(Att.#3A PrepesedReselutien)
"
B. A Metien to. Adept a Resolutien Appro.ving a
Conditienal Use Permit fer the Vine Hill Market (Att.-#3B
Prepesed Reselutien)
Applicant: James Pyle
Lecation: 19215 State Highway 7
C. A Metien to. Appreve a Sign Permit for Bry.nmawr Place
(Att.-#3C Planner's Memerandum)
D. A Metien to. Adept a Reselutien Appeinting 1994
Primary Electien. Judges (Att.-#3D Prepesed Resolution)
4 . PUBLIC HEARIN'G 7 :15 PM. - A MOTION TO ADOPT A
RESOLUTION REGARDING. VACATION OF A DRAINAGE AND
UTILITY EASEMENT (Att.-#4A planner's Memorandum; #4B
Prepesed Reselution)
Applicant: The Landschute Greup
Lecatien; 6055/6065 Ridge Road
.
CITY COUNCIL AGENDA AUGUST 8, 1994
Page 2 of 2
5 . PLANNING - Report by Representati ve
A. Consideration of Recommendation to Declare a
Development Moratorium and Set Public Hearing Date (Att.-
#5A1 Planner's Memorandum; #5A2 Excerpt from July 19
Planning Commission Minutes)
B. A Motion to Adopt a Resolution Approving a Fence
Setback Variance (Att.-#5B1 Planner's Memorandtirn; #5B2
Proposed Resolution)
Applicant: Judy Christensen-Walden
Location: 5755 Merry Lane
C. A Motion to Adopt a Resolution Approving Concept
Stage Plans for Heritage P.U.D. (Att.-#5C proposed
Resolution)
Applicant:
Location:
Abingdon Development Corporation
South of Edgewood Rd approx. 700' East of
Howards pt Rd
D. A Resolution Approving an Amendment to the C.U.P.
for Minnewashta Elementary School (Att.-#5D1 Planner's
Memorandum; #5D2 Proposed Resolution)
Applicant: Minnetonka School Dist.
Location: 26350 Smithtown .Rd
6 . CONSIDERATION OF THE PROPOSED SOUTH LAKE
MINNETONKA PUBLIC SAFETY DEPARTMENT 1995 OPERATING
BUDGET (Att.-#6proposed Budget)
7. CONSIDERATION OF A STREET LIGHT REQUEST (Att. -#7A
Planner's Memorandum; #7B Residents' Petition)
, Applicant: Amesbury West Homeonwer'sAssociation
Location: South end of Bayswater Road
8 . A MOTION TO ADOPT A RESOLUTION APPROVING
PRELIMINARY PLANS FOR CHRISTMAS LAKE ROAD INTERSECTION
PROJECT (Att.-#8A Engineer's Letter; #8B Proposed
Resolution)
9 . MATTERS FROM THE FLOOR
""'1lIl"
1 0 . DISCUSSION OF POLICY ISSUES
11 . ADMINISTRATOR &: STAFF REPORTS
12. MAYOR &: CITY COUNCIL REPORTS
13. ADJOURN SUB.1ECT TO APPROVAL OF CLAIMS (Att .-#13)
* * INDICATES TAX. INCREASE OR FEE IMPLICATIONS
6.
.
MAYOR
Barb Brancel
COUNCI L
Kristi Stover
Rob Daugherty
Daniel Lewis
Bruce Benson
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 · (612) 474-3236
EXECUTIVE SUMMARY
SHOREWOOD CITY COUNCIL MEETING
MONDAY, AUGUST 8, 1994
AGENDA ITEM #3A: This resolution makes an appointment of a
representative to the Suburban Alliance organization. The person
previously appointed was unable to fulfill his obligation.
AGENDA ITEM #3B: James Pyle proposes to remove part of the Vine
Hill market building in order to address the City I S concerns
regarding a conditional use permit to install fuel facilities on
the property. Staff and the Planning Commission have recommended
approval of the C.U.P. Approval requires a four-fifths vote of
the City Council.
AGENDA ITEM #3C:. Developers of the Brynmawr subdivision on
Howard's Point Road request approval of a subdivision monument
sign at the entrance to their project. The proposed sign complies
with Shorewood's zoning requirements.
AGENDA ITEM#3D: This resolution appoints election judges for the
primary election to be held September 13, 1994. Additional'judges
may be appointed at a later date if deemed necessary.
. ,
AGENDA ITEM #4: The .Landschute Group proposes to combine two lots
in the Christmas Lake Ridge addition on Ridge Road. In order to
take better advantage of the increased buildable area of the
resulting lot, they ask that the 10-foot drainage. and utility
easements on the old lot line be vacated. Staff. recommends
approval subject to the applicant providing evidence that the lots
have been legally. combined.
AGENDA ITEM #5A: The Planning Commission has recommended that an
interim ordinance be prepared to restrict all subdivisions of land
which create three or more lots over the next twelve months. The
purpose is to allow the Comprehensive Plan update to be completed
prior to making final decisions on the development or several of
the last largest parcels in Shorewood. If the Council agrees 'with
the Planning Commission recommendation, staff would be directed to
prepare an ordinance for the 8 August Council meeting.
A Residential Community on Lake Minnetonka's'South Shore
EXECUTIVE SUMMARY
Page 2 of 2
AUGUST 8, 1994 COUNCIL MEETING
AGENDA ITEM #5B: The Planning Commission has recommended approval
of a setback variance to allow Judy Christensen-Walden to build a
fence approximately 45 feet from the shoreline of Christmas Lake.
The recommendation requires green or black vinyl coated chain link
fencing and additional landscaping. A four-fifths vote is
required for approval.
AGENDA ITEM #5C: This resolution sets forth the conditions for
Concept Stage approval for the Heritage P.U.D. A four-fifths vO.te
of the Council is required for approval.
AGENDA ITEM #5D: The Minnetonka School District requests a
resolution exempting the westerly 10 acres from the conditions of
the Minnewashta Elementary School conditional use permit. The
matter is considered to be "housekeeping". Staff and the Planning ..
Commission have recommended in favor of the proposed C. U. P.
amendment. Approval requires a four-fifths vote of the City
Council.
AGENDA ITEM #6: Police Chief Young "will not be available for this
meeting. He reminds you that September 1st is the deadline of the
Joint Powers Agreement. Because of this, he suggests that the
motion be worded, "an amount not to exceed" and then put in the
amount the City Council feels appropriate. That way they can take
the lowest amount approved, if different than proposed, and use it
without having to return for approval.
AGENDA ITEM #7: Residents of Amesbury West have petitioned the
City for a street light at the end of Bayswater Road. The request
meets the City's criteria for street light location. Notice has
been sent to residents within 500 feet of the proposed light.
AGENDA ITEM #8: Preliminary plans for the upgrading of the .
Christmas Lake Road/Highway 7 intersection were tabled from the 11
July City Council, pending response from MNDOT regarding concerns
of the Council. MNDOT's response attempts to address the City's
concerns, but strongly suggests that failure to approve the plan
could result in further delay for any improvement to the
intersection.
JH/tln
CIlY OF SHOREWOOD
REGULAR CIlY COUNCIL MEETING
MONDAY, JULY 11, 1994
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
7:00 P.M.
MINUTES
1. CONVENE CITY COUNCIL MEETING
The meeting was called to order by Acting Mayor Daugherty at 7:00 p.m.
A. Pledge of Allegiance
B. Roll Call
.
Present:
Acting Mayor Daugherty; Councilmembers Benson and Stover; Administrator
Hurm, City Engineer Dresel, City Attorney Keane, and Planning Director
Nielsen.
Absent:
Mayor Brancel and Councilmember Lewis.
C.
Review Agenda
Benson moved, Stover seconded to approve the agenda for July 11, 1994. Motion passed
3/0.
2. APPROVAL OF MINPTES
City Council Regular Meeting and Work Session Minutes - June 17, 1994
.
Stover moved, Benson seconded to approve the Regular City Council Meeting and Work
Session Minutes of June 27, 1994. Motion passed 3/0.
3. CONSENT AGENDA
Acting Mayor Daugherty read the Consent Agenda for July 11, 1994.
Benson moved, Stover seconded to approve the Consent Agenda and to adopt the
Resolutions and Motion therein:
A. Motion to Authorize the Appointment of Sue Grahn, 5945 Eureka Road, to the
Position of Part-Time Temporary Election Clerk for the 1994 Election.
B. RESOLUTION NO. 94-55, "A Resolution Relating to Vacation ofa Portion of Birch
Bluff'Road." (Reaffirming Vacation of a Portion of Birch Bluff Road-Near the
Intersection With Eureka Road-Wallace King Property.)
#2A
REGULAR CITY COUNCIL MINUTES
July 11, 1994 - PAGE 2
C. RESOLUTION NO. 94-56, "A Resolution Approving the Final Plat of Brunner
Addition." Applicant: Bradley Brunner. Location: 25380 Smithtown Road.
Motion passed 3/0.
4. PARK - Report by representative
Park Commission Chair McCarty presented information on the matters before the Council
for consideration and action relating to Park Commission business.
A Consideration of a Motion to Accept a Revised Cathcart Park Plan
McCarty reviewed the changes to the Cathcart Park Plan which reconfigures the ball field
to save trees in the south portion of the park, reduces parking stalls from 39 to 33, moves
the handicapped parking to the southwest corner, and adds a short trail from the parking ..
lot to the play area.
Benson moved, Stover seconded to approve the revised Cathcart Park plan. Motion passed
3/0.
B. Consideration of Cathcart Parking - Review Plans and Specifications and Authorize
Advertisement for Bid and Approval of Engineering Agreement.
Dresel directed the Council's attention to the plans and specifications for the revised
Cathcart Park parking area developed in conjunction with Park Consultant Bruce
Chamberlain reflecting the changes described in the revised Plan. Funds for the project are
included in the Capital Improvement Projects budget. Hurm explained relocation of the ball
fields to provide parking within the park will enhance safety. Chamberlain noted that' the
existing warming house will be moved.
.
Benson moved, Daugherty seconded to approve the plans and specifications for the Cathcart
Park parking area as submitted and to authorize advertisement for bids to complete the
project. Motion passed 3/0.
Benson moved, Daugherty seconded to approve the Engineering Design Agreement with
OSM for an amount not to exceed $2,000. Motion passed 3/0.
C. Report on Park Element of Heritage P.D.D. Concept Stage Plan
McCarty reported that at its June 28, 1994 meeting, the Park Commission considered and
recommended that the outlot in the Heritage P.D.D. be retained by the homeowners
association and that the full park dedication fees be applied. She explained the parcel does
not fit into the City's current park expansion program and the Commission preferred to
accept the park fees.
REGUlAR CITY COUNCIL MINUTES
July 11,J994 - PAGE 3
Stover inquired whether the City may consider controlling the parcel in order to avoid
misuse of it. Nielsen explained that provisions of the Heritage development agreement will
address the matter and will likely place responsibility upon the homeowners association.
D. Consideration of Asphalting a Portion of Freeman Park Road
- Motion to Adopt a Resolution Amending the Park Capital Improvement Program
and Budget
McCarty stated that asphalting a portion of Freeman Park Road will help eliminate the dust
problem in the area. Benson described the section to be asphalted and indicated it is the
most heavily traveled. Hurm explained that Stage 1 asphalting leaves some graveled roads
to the ball fields until the configuration of the area is determined, however, completion is
anticipated in the future. He stated funds for this current project, which is considered a
. priority because of the dust problem, are available in the Park Fund.
Benson moved, Stover seconded to adopt "RESOLUTION NO. 94-57, "A Resolution Making
Capital Budget Amendments. II (Adding $20,000 .to the Park Fund for Freeman Park
Roadway Asphalting.) Motion passed 3/0.
- Motion Awarding a Contract to the Low Quote to Asphalt a Portion of Freeman
Park Road .
McCarty stated $20,000 is budgeted for the asphalt project and the low quote received is
$17,000. Hurm added that the bid covers 1440 feet and a Change Order covers an
extension of 180 feet of asphalt up to the north parking lot. Benson mentioned that the
estimated cost of a complete asphalting project at Freeman Park including curbs and gutters,
etc. is $200,000.
.
Benson moved, Stover seconded to award the contract for paving 1,440 feet of Freeman
Park roadway to the low quote, Midwest Asphalt Corporation for $17,000, and to authorize
a Change Order, in an amount not to exceed $3,000, to add approximately 180 feet of
asphalt up to the north parking lot. Motion passed 3/0.
E. Consideration of Recommendations for Appointments to the Shorewood Parks
Foundation Board
McCarty directed attention to the list of individuals, representing various Park users,
recommended for appointment by the Council to the Shorewood Parks Foundation Board
of Directors. The City Administrator and a Council Member (Benson) will serve as
nonvoting members on a yearly basis.
Stover moved, Benson seconded to adopt RESOLUTION NO. 94-58, "A Resolution Making
Appointments to the Shorewood Parks Foundation Board of Directors.1I (Effective July 11,
1994.) Motion passed 3/0.
REGULAR CITY COUNCIL MINUTES
July 11, 1994 - PAGE 4
5. PLANNING - Report by Representative
Commissioner Malam reported on the actions taken by the Commission at its July 5, 1994
meeting.
6. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION APPROVING
PRELIMINARY PLANS FOR CHRISTMAS LAKE ROAD INTERSECfION
PRO.JECf
Nielsen reported that the Minnesota Department of Transportation (MNDOT) has referred
new plans for the reconstruction of the intersection at Christmas Lake Road and Highway
7 to the City for review and approval. The plans are essentially the same on the Shorewood
side of the Highway as a plan previously approved by the City some time ago, but was not
approved by the City of Greenwood. The intersection is considered one of the most
hazardous in this MNDOT district. The plan includes detaching the service road o~ the
south side, moving the intersection over a bit, creating left turn lanes and closing off the .
right-on, right-off roads existing before Radisson Road on the Shorewood side. A cul-de-sac
is proposed for construction at the end of the Radisson entrance. Staff suggestions include:
installation of a cross walk at the intersection; connection of the existing catch basin at the
south side of the Radisson cut-off to the highway storm system; and consideration of a
flashing warning light to enhance safety since the plan does not straighten the highway and
the site distances coming from the east are not increased.
Dresel introduced Tom Keefe and Mike Lindeborg representing the Waters Edge office of
MNDOT. Mr. Keefe reported that the City of Greenwood has approved the current plan.
During discussion, Benson expressed concern regarding the safety issues with respect to the
site lines. He referred to an existing,building located on the right-of-way on the north side
and objected to the fact that most of the reconstruction involves Shorewood property. He
indicated the plan does not significantly improve overall safety at the intersection; therefore .
he is not prepared to act on the current plan. Benson suggested that additional study be
conducted with Greenwood and Excelsior including a traffic count at the intersection to
determine an equitable sharing of reconstruction requirements.
Mr. Keefe stated the current plan does 'make the intersection safer, but acknowledged it is
not an optimum plan. He pointed out that earlier layouts approved by Shorewood have not
been approved by Greenwood and indicated that while it has been difficult to reach this
point, the plan does take more from Shorewood than from Greenwood. Keefe was not
optimistic with respect to obtaining additional concessions from Greenwood. He requested
the Council's approval of the plan in order that the project may proceed.
At Daugherty's request, Keefe described a design for the intersection without any
restrictions. Such a design would straighten the curves, provide better site lines, stacking
distance, more separation between the frontage road and the main highway, closure of
entrances, and wider roads to include medians. Keefe stated the current plan is acceptable
REGULAR CI1Y COUNCIL MINUTES
July 11, 1994 - PAGE 5
in terms of other intersection improvements being. made on Highway 7 and would serve the
area well for more than the next five years. Stover described concerns regarding the specific
site lines and stated that improvement of that aspect is as important as inclusion of turn
lanes. In response to Stover's question, Keefe described the land owned by MNDOT.
Daugherty agreed that the site line issue from all directions is very important and suggested
that more study be conducted to develop further improvements. He stated the City does
not wish to delay the project nor does it want to jeopardize the funds available for its
completion, but requested the MNDOT representatives to re-address the site line issue.
Keefe indicated he could do so within two weeks, but that subsequent approvals of another
plan would delay the project.
Dresel indicated that the turn lanes in the current plan improve the intersection and that
this plan is quite similar to one approved by Shorewood previously. Nielsen stated that
reduction of the speed limit could improve safety. Keefe stated that posted limits generally
reflect the existing traffic speeds.
.
Following discussion, the Council requested MNDOT to consider further improvement of
the site lines to increase safety relative to the overall project. Keefe agreed to do so and
rep~rt back to the Council in two weeks.
7. A MOTION TO ACCEPT A BID FOR THE OLD MARKET ROAD TRAIL
PROJECT AND AWARD THE CONTRACT
Dresel reported that only one bid was received for the trail project, recommended rejection
of that bid, and suggested the project be re-bid. The Councilmembers agreed and urged the
Engineer to pursue reasonable bids to assure that the project is completed before winter.
.
Benson moved, Stover seconded to reject the bid for $55,714.00, received from Advanced
Concrete, Inc., for the Old Market Road Trail project, and directed the City Engineer to
re-bid the project within the next 30 days for completion of the project during Fall 1994.
Motion passed 3/0.
8. CONSIDERATION OF A MOTION TO APPROVE A WATER SYSTEM ANALYSIS
PROPOSAL
Dresel stated connections and extensions to the City's water system have been allowed based
upon engineering judgment. Because the system is reaching its capacity, Dresel proposes
that the water system be computerized so that decisions can be made through computerized
analysis of the feasibility of further connections/extensions. The estimated cost of the
proposal is $10,000.
Acknowledging the absence of Mayor Brancel and Councilmember Lewis, the Council
agreed to schedule a work session at its next meeting to discuss this issue and other water-
related matters.
REGULAR CITY COUNCIL MINUTES
July 11, 1994 - PAGE 6
9. INADVERTENTLY OMITIED IN DEVELOPMENT OF THIS AGENDA.
10. MATfERS FROM THE FLOOR - None.
11. DISCUSSION ON POLICY ISSUES - None.
12. ADMINISTRATOR AND STAFF REPORTS
Engineer's Report on Seasons' Area Drainage
Dresel referred to his letter dated June 23, 1994 regarding the Footprint Lake drainage
system. The report was prepared in response to issues with respect to the Season's
Townhome Development raised by a resident. In addition, Dresel's report addresses other
issues raised in the past. Dresel responded to questions during brief discussion.
13.
MAYOR AND CITY COUNCIL REPORTS
.
Stover inquired about mosquito control when new holding ponds are established. Dresel
indicated such a program would be within the Council's authority. Stover referred to a
letter received from the Excelsior Postal Service notifying residents that it is illegal for
anyone other than a postal carrier to take mail from individual post boxes. This letter was
prompted by recent complaints of mail theft and Stover suggested this may explain recent
incidents of the City's nonreceipt of mail from residents. Daugherty requested the staff to
provide information on emergency response time during the past two months in Shorewood.
14. ADJOURN SUBJECT TO APPROVAL OF CLAIMS
Benson moved, Stover seconded to adjourn the City Council meeting subject to approval
of claims at 8:20 p.m. Motion passed 3/0. .
RESPECTFULLY SUBMITfED,
Arlene H. Bergfalk
Recording Secretary
TimeSaver Off Site Secretarial
ATIEST:
ROB DAUGHERTY, ACTING MAYOR
/
JAMES C. HURM, CITY ADMINISTRATOR
CITY OF SHOREWOOD
REGULAR CITY COUNCIL MEETING
MONDAY, JULY 25, 1994
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
7:00 P.M.
..
MINUTES
1. CONVENE CITY (::OUNCIL MEETING
The meeting was called to order by Mayor Brancel at 7:00 p.m.
A . Pledge of Allegiance
B . Roll Call
Present:
Mayor Brancel; Councilmembers Benson and Stover; Administrator HUrIn, City
Engineer Dresel, Acting City Attorney Christopher Dietzen, and Planning Director
Nielsen.
.
Absent Councilmembers Daugherty and Lewis.
C . Review Agenda
Stover moved, Benson seconded to approve the agenda for July 25, 1994,
amended by removing Agenda Items 4.A. Discussion of Recommendation to
Declare Development Moratorium; 4.C. Motion' to Adopt Resolution Approving
Fence Setback Variance (Judy Christensen-Walden); and 4.E. Motion to Adopt
Resolution Approving Concept Stage Plans for Heritage P.D.D. (Abingdon
Development Corp.). Motion passed 3/0.
D. Presentation to Dennis Johnson
.
Mayor Brancel presented a plaque to Dennis Johnson in recognition of his 20 years of service to
the City in the Public Works Department.
2. APPROVAL OF MINUTES
City Council Regular Meeting Minutes - July 11, 1994
Benson moved, Stover seconded to approve the July 11, 1994 City Council
regular meeting minutes. Motion passed 2/1. Brancel abstained. (Subsequently,
upon recommendation of the Acting City Attorney, Hurm stated the July 11, 1994
Council meeting minutes will be placed on the August 8 meeting agenda for
approval.)
3. CONSENT AGENDA
Mayor Brancel read the Consent Agenda for July 25, 1994.
Stover moved, Benson seconded to approve the Consent Agenda and to adopt the
Resolutions and Motion therein:
12:8
REGULAR CITY COUNCIL MINUTES
July 25, 1994 - PAGE 2
A. RESOLUTION NO. 94-59, "A Resolution Authorizing the Mayor and City
Administrator to Execute Subrecipient Agreement with Hennepin County
for 1994 (Year XX) Urban Hennepin County Community Development
Block Grant Program."
B. RESOLUTION NO. 94-60, "A Resolution Making Appointments to the
Shorewood Parks Foundation Board of Directors."
C. RESOLUTION NO. 94-61, "A Resolution Substituting Columbus Day as a
Paid Holiday for Public Works Employees."
D. RESOLUTION NO. 94-62, "A Resolution Substituting Columbus Day as a
Paid Holiday for Public Works Director."
E. Motion Approving Change Order #2 for the Silverwood Park Improvements
and Freeman Park Trail Project (Project No. PK-1-94).
Motion passed 3/0.
4. PLANNING - Report by representative
.
Commissioner Pisula reported on the discussion and action taken at the Planning Commission's
July 19, 1994 meeting to recommend that the Council declare a development moratorium.
A. Discussion of Planning Commission Recommendation to Declare a Development
Moratorium. REMOVED FROM AGENDA.
B. A Motion to Direct Staff to Prepare Findings of Fact for a Conditional Use Permit for the
Vine Hill Market. Applicant: James Pyle. Location: 19215 St. Hwy 7.
Nielsen stated the staff and the Planning Commission (vote of 4/1) recommend approval of the
applicant's conditional use permit.
Mr. Pyle stated he has worked with the City to develop a modified plan that addresses previous
concerns.
.
Brancel stated the applicant has eliminated all the variances except one and interposed no objection
to that variance. Stover stated the setback variance for the driveway is justified under the various
approval guidelines.
Stover moved, Benson seconded to direct the staff to prepare findings of fact for
a Conditional Use Permit for the Vine Hill Market. Motion passed 3/0.
C. A Motion to Adopt a Resolution Approving a Fence Setback Variance. Applicant: Judy
Christensen-Walden. Location: 5755 Merry Lane. REMOVED FROM AGENDA.
D. A Motion to Direct Staff to Prepare a Resolution Regarding a Simple Subdivision and Lot
Combination. Applicants: Ellis Pike/Steven Pike. Locations: 5810 Club Lane124845
Smithtown Road.
Nielsen noted the proposed subdivision and combination will preclude either parcel from further
subdivision. The applicants may wish to adjust the lot line so the new parcel has 80,000 square
.
.
REGULAR CITY COUNCIL MINUTES
July 25, 1994 - PAGE 3
feet of area or an affidavit (to be recorded with the filing) acknowledging that the new parcel cannot
be subdivided may be signed. This issue and other outstanding issues will be resolved prior to the
Council's final consideration of the application.
Stover moved, Benson seconded to direct the staff to prepare a resolution
regarding a simple subdivision and lot combination for Ellis Pike and Steven
Pike. Motion passed 3/0.
E. A Motion to Adopt a Resolution Approving Concept Stage Plans for Heritage P.D.D.
Applicant: Abingdon Development Corporation. Location: South of Edgewood Road
approximately 700' east of Howard's Point Road.. REMOVED FROM AGENDA.
5. CONSIDERATION OF A REQUEST FOR SPEED STUDIES ON CHASKA
ROAD AND SMITHTOWN ROAD
Hurm indicated that the Council may wish to reconsider conducting a speed study on Chaska and
Smithtown Roads, which has been deferred for several months. He recommended that an informal
study be conducted initially and a report prepared for the Council's consideration. The
Councilmembers agreed that such a study should be conducted.
Stover moved, Benson seconded to request the State of Minnesota Department of
Transportation to conduct an informal speed study on Chaska Road and
Smithtown Road. Motion passed 3/0.
6. MATTERS FROM THE FLOOR - None.
7. DISCUSSION ON POLICY ISSUES - None.
8. ADMINISTRATOR AND STAFF REPORTS
A. Report on Status of 1994 Objectives
Hurm directed the Council's attention to the mid-year status report on City Objectives for the Year.
He stated that 1995 objectives will be set during development of the 1995 budget.
Hurm reported on a meeting he attended regarding the Excelsior Fire Department budget. He
pointed out that an increase to Shorewood's contribution has been anticipated due to increased
usage, however, the projected 12.5% increase does not appear acceptable at this time. Hurm
suggested to the budget committee that a smaller amount be directed for equipment replacement in
order that Shorewood's increase could be limited to 8 or 9%. The Council supported and agreed
with Hurm's recommendation and urged him to pursue the lesser increase for Shorewood's fire
protection costs. The Council concurred that this action does not reduce their commitment to the
fire equipment replacement fund.
B. Planner's Report on Rental Housing Inspection Program
Nielsen reviewed the status of the rental housing inspection program. He described serious
violations uncovered during inspection of 60 of the City's 142 rental units. He stated that a
third/final notice will be mailed to 23 rental properties which have not yet applied for licensing.
9. MA YOR AND CITY COUNCIL REPORTS
Brancel noted that the budget for police service will be considered at the next meeting. She
REGULAR CITY COUNCIL MINUTES
July 25, 1994 - PAGE 4
referred to a letter from Chanhassen regarding reconstruction of County Road 17. Benson and
Stover agreed that the City should receive information on that project as it may affect the Galpin
Lake area of Shorewood. Stover and Benson reported that the MNDot response regarding the
Highway 7/Christmas Lake reconstruction project did not adequately address the concerns
expressed by the Council and requested that staff seek additional information for consideration at
the August 8 meeting.
10. ADJOURN SUBJECT TO APPROVAL OF CLAIMS
Benson moved, Stover seconded to adjourn the City Council meeting at 7:32 p.m.
subject to the approval of claims. Motion passed 3/0.
RESPECTFULL Y SUBMITTED,
Arlene H. Bergfalk, Recording Secretary
TimeSaver Off Site Secretarial
ATTEST:
.
BARBARAJ. BRANCEL, MAYOR
JAMES C. HURM, CITY ADMINISTRATOR
.
.
.
CITY OF SHOREWOOD
RESOLUTION NO. 94
A RESOLUTION MAKING AN APPOINTMENT TO
SUBURBAN ALLIANCE
(FORMERLY WEST HENNEPIN HUMAN SERVICES
PLANNING BOARD)
WHEREAS, pursuant to the adoption of Resolution #94-1,
James Eddy was appointed to the West Hennepin Human Services
Planning Board for the calendar year 1994; and
WHEREAS, Mr. Eddy has not been able to participate in any
activities or meetings of the Suburban Alliance; and
WHEREAS, the Suburban Alliance has asked the City to
consider a replacement for the remainder of the calendar year 1994.
NOW, THEREFORE BE IT RESOLVED by the City Council of the
City of Shorewood that Dale Woodbeck, 26475 Strawberry Court, is
hereby appointed representative to Suburban Alliance, joining
Susannah Dodson to said Board.
FURTHER BE IT RESOLVED that said appointment shall take
effect on this date hereof and shall continue for the remainder of
the year or until such time as a successor is appointed by the City
Council.
ADOPTED by the City Council of the City of Shorewood this
8th day of August, 1994.
"
Barbara J. Brancel, Mayor
ATTEST:
James C. Hurm, City Administrator
:t:h- 3 A
~~1_ .
~~ . ~~
~ ...~~
SuburbanRlliance
July 19, 1994 .
Mayor Barb Brancel
Shorewood City Hall
5755 Country Club Road
Shorewood,.MN 55331-8.927
Dear Mayor:
Shorewood appomted Jim Eddy to our Board 'of Directors in January, 1994. Since that time
Mr. Eddy has not participated in any activities or meetings of Suburban Alliance (formerly
West Hennepin. Human Services Planning Board). We have repeatedly contacted him by . .
phone, left messages and received no response back. .
We-would appreciate it if Shorewood would consider appoi?ting another representative to the
Board to replace Mr. Eddy. We' need. to have full participation by Board members in order to
meet our quorum requirements and to fulfill our mission. .
Our' other Shorewood representative, Susannah Dodson, has been an ~xcellent and ~eliable. '
Board member. We appreciate her participation. .
One suggestion we have as a po~sible replacement for Mr. Eddy is Dale Woodbe.ck. Dale has'
been a Board member for a number of years and is the chair of the Board. He has been a
member of -the Board who~ is ~ectly elected by the Board but would be interested in switching
to being a Shorewood representative. His address is 26475 Strawberry Court, 'Shorewood,
Minnesota 55331, and his phone number is 470-7939.
..
Please contact me if you have questions or need further information.
, '
\...~....
Mar Shapiro
Executive Director
cc: James Hurm, Administratorl
Jim Eddy
Susannah Dodson
Dale Woodbeck
West Hennepin Human Services Planning Board
.. _I #...,,' llll ,.",.." _ It'''' ftnl\ t"r""'t'\ _ r"_. Ill"\ ft'tft 7Aon
........
..
CITY OF SHOREWOOD
RESOLUTION NO.
A RESOLUTION GRANTING A CONDmONAL USE PERMIT
AND A DRNEW A Y SETBACK VARIANCE
FOR THE VINE HILL MARKET
WHEREAS, James Pyle (Applicant) is the owner of real property located at 19215 State
Highway 7 in the City of Shorewood, County of Hennepin, State of Minnesota, legally described
on Exhibit A, attached; and
WHEREAS, the Applicant proposes to install motor fuel pumps on the west side of the
property; and
WHEREAS, the Applicant has applied for a conditional use permit, pursuant to Section
1201.21 Subd. 4.c. of the Shorewood City Code, and a setback variance for the distance between
his access drive and the street intersection; and
.
WHEREAS, 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 July
1994 , 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 5 July 1994, the minutes of
which meeting are on file at City Hall; and
WHEREAS, Applicant's request for conditional use permit and a variance was considered
by the City Council at their regular meeting on 25 July 1994, 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 Subject Property is located in a C-3, General Commercial zoning district.
2. That the City Zoning Code requires a sixty-foot setback between access drives and
street intersections.
3 . That the access on the east side of the site is currently unconfined and the Applicant
proposes to create two access drives which comply more closely with City Code requirements.
4. That the Applicant's property contains approximately 13,598 square feet of area and
is irregularly shaped due to the location of the State Highway 7 right-of-way.
5 . That the Applicant proposes to add on two fuel pump islands and canopy roof to the
west of the existing building, as shown on his proposed site plan, Exhibit B, attached.
- 1 -
~.().
,
6. That the Applicant proposes to remove 12 feet from the existing building in order to
reduce parking demand and improve vehicular circulation.
7. That the existing access drive on the north side of the site promotes cut-through
traffic on the site and its grade is steep.
8. That the Applicant's site plan proposes to eliminate the access drive on the north
side of the site.
9. That the Applicant's parking lot does not currently comply with setback
requirements and encroaches into the public right-of-way.
10. That the proposed site plan proposes to bring the parking lot into compliance with
zoning requirements, including curbing and striping.
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 462375, Subd. 6(2).
2. That based upon the foregoing, the City Council hereby grants the Applicant's
request for a variance as set forth above.
3 . That based upon the foregoing, the City Council hereby grants the Applicant's
request for a conditional use permit subject to the following:
a. The Applicant must provide a detailed signage plan including all business signs and
traffic control signs to be approved by the City Council.
b. The Applicant must provide a detailed landscape plan, prepared by a registered
landscape architect, which plan shall be subject to review and approval by the City
Council.
. c.
d.
e.
f.
g.
h.
1.
The Applicant must provide cost estimates for all required improvements, including
grading, paving, curbing, striping and landscaping.
A letter of credit in the amount of 1.5 times the cost estimates is required to
guarantee that site improvements will be completed.
Phone from car facilities must be eliminated to minimize congestion on the site.
Grading and drainage must be approved by the City Engineer.
Drainage must be approved by MNDOT.
Fuel pumps and tank installation must be approved by the Fire Marshall.
The trash dumpster must be enclosed with a masonry wall.
- 2 -
.
.
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 8th day of August.
1994.
Barbara J. Brancel, Mayor
ATTEST:
James C. Hurm, City Administrator/Clerk
- 3 -
.
.
LEGAL DESCRIPTION:
"
"That part of the East 133 feet of the following described property:
That part of Lot 15, Vine Hill, described as follows: Commencing at a point on the
East line of said Lot, distant 375 feet South of the Northeast corner of said Lot;
thence West perpendicular to said East line, along a line hereinafter referred to as line
" A" a distance of 188 feet to a point hereinafter referred to as Point "X"; thence
continuing West on said Line "A" to the West line of the East 330 feet of said Lot,
and said Line "A" there ending; thence North along said West line of the East 330
feet a distance of 71.9 feet more or less to the Southeasterly line of the right-of-way
of State Highway No.7; thence Northeasterly along said Southeasterly line a distance
of 124 feet to the actual point of beginning of the land to be described; thence
Southeasterly along a line, which if extended would pass through said Point "X", to
its intersection with a line drawn parallel with and distant 20 feet North from said
Line "A"; thence East along said paralle1line to said East line; thence Southwesterly
to the actual point of beginning, and lying North of a line described as follows:
Commencing at the Northeast corner of said Lot 15; thence South along the East line
of said Lot a distance of 294.59 feet to the point of beginning of the line to be
described; thence deflecting right 90 degrees to the West line of said East 133 feet,
and there ending. "
EXHIBIT A
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f.
MAYOR
Barb Brancel
COUNCI L
Kristi Stover
Rob Daugherty
Daniel Lewis
Bruce Benson
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 . 1612) 474-3236
MEMORANDUM
.
TO:
FROM:
DAlE:
RE:
FILE NO.:
Planning Commission, Mayor and City Council
Brad Nielsen.
1 August 1994
Sign Permit - Brynmawr Place
405 (Sign Permits)
Representatives of Pemtom Land Company have submitted plans for a subdivision monument sign
for the Brynmawr Place project (see Exhibits A and B). Shorewood's Zoning Code allows such
signs for subdivisions of 20 or more units, not to exceed 32 square feet in area or eight feet in
height.
The proposed sign contains approximately 28 square feet in area and is less than four feet in
height. As shown on Exhibit A, the sign will be located on a landscape retaining wall on private.
property in the northwest quadrant of the intersection of Howard's Point Road and Brynmawr
Place. As proposed the sign complies with Shorewood' sign regulations. Approval is therefore
recommended.
.
If you have any questions relative to this matter, please contact me prior to Monday night's
meeting.
cc:
Jim Hurm
Joel Dresel
A Residential Community on Lake Minnetonka's South Shore
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CITY OF SHOREWOOD
RESOLUTION NO. 94-
A RESOLUTION APPOINTING
1994 PRIMARY ELECTION JUDGES
WHEREAS, the City Administrator/Clerk has submitted
for approval a list of election judges to officiate at the Primary
Election to be held September 13, 1994; and
WHEREAS, said list appears to be correct and complete
III all respects.
NOW, THEREFORE BE IT RESOLVED that the
Shorewood City Council hereby approves the list of election judges,
attached hereto and made a part hereof as Exhibit A, to officiate at
the 1994 Primary Election.
ADOPTED by the City Council of the City of Shorewood
this 8th day of August, 1994.
Barbara J. Brancel, Mayor
ATTEST:
James C. Hurm, City Administrator/Clerk
-#30
RESOLUTION #94 -
EXHIBIT A
PRECINCT NAME PHONE AFFILIATION
I Mary Reutiman, Chairman 474-4293 D
5965 Eureka Rd
Shorewood, MN 55331
Jeannine Picha 474-7098 R
5930 Seamans Drive
Shorewood, MN 55331
Irene Kronholm 474-7718
23630 McLain Rd .
Shorewood, MN 55331
II Nancy Peterson, Co-Chair 474-8343 R
21355 Christmas Lane
Shorewood, MN 55331
Susan Ryan, Co-Chair 470-9837 D
6100 McKinley Circle
Shorewood, MN 55331
m Ed Baltman 474-2159 D
5710 Grant Lorenz Rd
Shorewood, MN 55331
Elvera Hoops 474-9064 D .
26755 Smithtown Rd
Shorewood, MN 55331
Charlotte Hall 474-5873
5510 Howards Point Rd
Shorewood, MN 55331
IV Linda Johnson, Co-Chair. 474-1071 R
4425 Highland Circle
Shorewood, MN 55331
.,. ....~l'
MAYOR
Barb Brancel
COUNCI L
Kristi Stover
Rob Daugherty
Daniel Lewis
Bruce Benson
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 · (612)474-3236
MBvIORANDUM
TO:
FROM:
. DATE:
RE:
Fll..E NO.:
Planning Commission, Mayor and City Council
Brad Nielsen
3 August 1994
Landschute Group - Vacation of Drainage and Utility Easements
405 (94.18)
In August of 1993 a four-lot plat called Christmas Lake Ridge was approved by the City. The
Landschute Group, current owner of the two westerly lots (see Site Location map - Exhibit A,
attached), has a prospective buyer who wishes to combine the two lots into one building site. In
order to expand the buildable area of the property, Landschute requests that the drainage and utility
easements on the middle lot line be vacated;
.
In light of the proposed lot combination, the easements in question are no longer necessary to the
City. It is therefore recommended that the request for vacation be approved subject to the applicant
providing evidence that the two lots have been legally combined.
If you have any questions relative to this matter, please contact me prior to Monday night's
meeting.
.
cc: Jim Hurm
Tim Keane
Joel Dresel
Jon Monson
A Residential Community on Lake Minnetonka's South Shore
4. A..
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Exhibit A
SITE LOCA nON
Landschute - easement vacation
~
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.
.
- DRAFT -
CITY OF SHOREWOOD
RESOLUTION NO.
RESOLUTION VACATING CERT AlN DRAINAGE AND UTILITY EASEMENTS
WHEREAS, Notice of Public Hearing on the proposed vacation of certain drainage and
utility easements in the City of Shore wood, Hennepin County, Minnesota, was published in
the Excelsior/Shorewood edition of the SUN.SAn..oR NEWSPAPER on the 20th and 27th
days of July, 1994; and
WHEREAS, said Notice of Public Hearing was posted in three (3) locations in the City of
Shorewood; and
WHEREAS, the Council of the City of Shorewood heard all interested parties on the
question of vacation at a Public Hearing on the 8th day of August, 1994, in the Council Chambers
at the City Hall.
NOW, THEREFORE. BE IT RESOL VED by the City Council of the City of Shorewood,
Minnesota, that the drainage and utility easements described in Exhibit A, attached, be and hereby
are vacated.
BE IT FURTHER RESOL VED, that the City Clerk is directed to notify the County Offices
in accordance with Minnesota Statutes.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 8th day of August.
1994.
Barbara J. Brancel, Mayor
ATTEST:
James Hurm, City Administrator/Clerk
+.~.
... , , .
.
.
LEGAL DESCRIPTION:
"The drainage and utility easments over that part of the Southwesterly 10.00 feet of Lot 2
and the Northeasterly 10.00 feet of Lot 3, Block 1, CHRISTMAS LAKE RIDGE,
Hennepin County, Minnesota, which lie southeasterly of the Northwesterly 15.00 feet of
said Lots 2 and 3, EXCEPT that part of said southwesterly 10.00 feet of Lot 2 and
northeasterly 10.00 feet of said Lot 3 which lie within the 35.00 foot wide drainage and
utility easement extending across the southeasterly portion of said Lots 2 and 3."
P.I.N. 36-117-23-34-0015 and 0016
EXHIBIT A
MAYOR
Barb Brancel
COUNCI L
Kristi Stover
Rob Daugherty
Daniel Lewis
Bruce Benson
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD · SHOREWOOD. MINNESOTA 55331-8927 · (612) 474-3236
MEMORANDUM
TO:
FROM:
DATE:
.
RE:
FILE NO.:
Planning Commission
Brad Nielsen
15 July 1994
Discussion of Development Moratorium
405 (Comp Plan Update - Admin)
Chair Rosenberger has requested that staff prepare a report setting forth the procedures for
declaring a moratorium on development. If the Planning Commission were to make such a
recommendation, following is a timetable for review and adoption of an ordinance to that
effect:
19 July -
25 July -
. 8 August -
~O Aug~st -
12 Sept. -
14 Sept. - -
21 Sept. -
Planning Commission recommendation to City Council
City Council directs staff to prepare an interim ordinance declaring a
moratorium
City Council reviews first draft, sets public hearing date
Planning Commission holds public hearing, makes recommendation to the
City Council
Council adopts interim ordinance
Publish ordinance in official newspaper
Ordinance becomes effective
Also enclosed for your review is a review outline for the Comprehensive Plan Update.
If you have any questions relative to this matter, please do not hesitate to contact me.
cc: Mayor and City Council
~Jim Hurm
Tim Keane
Joel Dresel
'*
?~\
A Residential Community on Lake Minnetonka's South Shore
MAYOR
Barb Brancel
COUNCI L
. Kristi Stover
Rob Daugherty
Daniel Lewis
Bruce Benson
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (612)474-3236
MEMORANDUM
TO:
Mayor and City Council
FROM:
Brad Nielsen
DATE:
14 July 1994
.
RE:
Comp Plan Update - Review Timetable
FILE NO.:
405 (Comp Plan Update - Admin)
Last January staff prepared a timetable for completion of the Comprehensive Plan Update
(see staff memorandum, dated 3 January 1994). Since a study session crucial to the review
process has been postponed on several occasions (see Administrator's memorandum, dated 14
July 1994), it is necessary to update the review schedule. Following is a revised timetable
for completion of the Comp Plan Update:
Au~st 94 - continue Natural Resources Chapter discussion, finalize Land Use Chapter
. September 94 - finalize Natural Resources Chapter
e.
October 94 - continue Community Facilities Chapter discussion
November 94 - fmalize Community Facilities Chapter
December 94 - no study session - staff works on presentation draft of Comp Plan Update
January 9S - joint meeting of Council and Planning Commission to review presentation draft
February 9S - prepare presentation strategy/format for public meetings
Marchi April 9S - conduct series of neighborhood meetings
A Residential Community on Lake Minnetonka's South Shore
.
.
Comp Plan Update - Review Timetable
14 July 1994
Page two
April/Mav 95 - discuss revisions to Plan Update based upon public input
.Tune 95 - hold a public hearing and adopt Comp Plan Update, subject to review by
Metropolitan Council
If there are any questions relative to this matter, please do not hesitate to call me.
cc:
Jim Hurm
Tim. Keane
Joel Dresel
Planning Commission
MAYOR
Sarti 3ranC:1
C:::)UNC: L
Kristl Seover
RoO OaugnertV
Oaniel Lewis
Brua Benson
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD · SHOREWOOD. MINNESOTA 5533'-8927 · (612) 474-3236
i\4EMORANDUM
TO:
Planning Commission7 Mayor and City Council
.'.
FROM:
Brad Nielsen/Jim Hurm
DATE:
3 January 1994
.
RE:
Comp Plan - City Water
FILE NO.:
405 (Comp Pian - Comm. Fac.)
-
Based upon the direction given at the joint meeting between the Planning Commission and
City Council7 staff proposes to redraft portions of the Community Facilities Chapter of the
Comp Plan Update which deal with municipal water.
First7 it has been suggested that the issues section of the ChaPter be redrafted to more fully
describe the problems with the City's system as it currently exists. The revised text will
elaborate a bit on the various issues which were studied two ye3I'S ago (i.e. extensions to new .
and existing development7 depreciation of the system7 esvtl3ting operation costs7 etc.).
The concensus of the Planning Commission and Council is to establish a goal for exte.Ild.ing
municipal water to the entire city within 10 years. To accomplish. this goal, staff has
identified certrin basic areas of decision which must be addressed to improve the feaSJ.oility
of a citywide system:
Water Policies
L Properties get assessed when the water line goes by (no defenals).
2. Hookup required within one Ye3I. Tn.ree years?
3. Budget for capital improvements in ge:leral fund.
4. Flat rate assessments on unit basis (i.e. alllocs, regardless of size, pay the same
assessment) .
A Residential Communiry on Lake Minnercnka's South Shore
Re: Comprehensive Plan
City Water
3 January 1994
The Comprehensive Plan is conside.."'ed the most appropriate forum in which to address City
water. In addition to setting forth the goals, policies and plans for a municipal system, it
puts this issue in context with the other elements of community development (i. e. streets,
.Jand. use and natUral resources). It also involves a puhIic review process which provides for
scrutiny and input from the residents of the community. .
Following is a te.'1tative schedule for completion of the Comprehensive Plan Update and a
subsequent public review process:
February
- begin review of l4nd Use and Natural Resources Chapters /"
. March
.- fin~Ii7.e Land Use and Natural Resources Chapters
- ~scuss revised Community Facilities Chapter re: city water
- joint meeting of Planning Commission and Counc.J
April - conduct a series of neighborhood meetings (perhaps 4 to 8)
:May - disCuss revisions to PIan based upon public input
June - hold a public hearing and adopt Comp PIan Update subject to review by
Me~litan Council
Even beyond this process the City would need to hold one, or more likely, a series of special
Asessment public hearings following preliminary design and before fun design. It is likely
~ the earliest construction could .reasonably begin is Spring 1995. .
- .
. It is iIriportant to recognize that there really is no .point of no return. until the pipe is in.
* The proposed goal is to . extend water to the entire city within 10 ye3IS. Even if the City
decided to move that up to 3 ye:m as had been discussed 2 years ago, very little pine could
be in the ground before 1995. . -
Consulting fees are estimated to be 52000 legal; 53000 financial, and S 10, 000 en~neering
just to get us to a special assessment hearing. *These funds should be set aside in advance,
especially if they are to be spent all in one year. '
,.. Remember, we didn't even get to the special assessment hearing stage !:\Vo years ago. We
just had public information meetings.
c....
...
Tim Keane
Joel Dresel
Al Rolek
- 2 -
TO:
FROM:
. DATE:
RE:
Mayor & City Council
~!
91-
James C. Hurm, City Administrator
July 14, 1994
Chronology of Discussions of Municipal Water in Relation to the
Comprehensive Plan Review
To bring us all up to speed on what has happened with discussions of our
water system in relationship to the Comprehensive Plan I have done a quick
chronology, as follows:
City Council Meeting Dates:
11/30/93 Joint Council/Planning Commission meeting - Council asked that a
plan be developed for the Comprehensive Plan for a City water
system to be installed within the next 10 years. The plan was to
be discussed during the first quarter of 1994 (taken from work
session minutes).
Work session on "Review of City water Issue" - postponed. .
Memorandum dated 1/3/94 prepared for the work session is
attached.
~
0/94
1/24/94
2/14/94
2/28/94
3/14/94
3/28/94
4/11/94
4/25/94
5/9/94
5/23/94
6/13/94
6/27/94
Work session on "Review of City Water Issue" - postponed.
A brief work session was held on Council Issue Prioritization.
Work session on "Review of City Water Issue" - postponed.
Work session on "Review of City Water Issue" - postponed.
Work session on "Review of City water Issue" - postponed.
Work session on "Review of City Water Issue" - postponed.
The executive summary for that meeting states, "Work sessions
are at the complete discretion of the City Council. If at all.
possible, the planned work session should be held."
Administrator's notes to the City Council dated 4/15/94
stated, "it is a tradition to set aside issues of substance
for some months prior to every election. You should let the
Planning Commission know of your wishes regarding timing."
Joint Council/Planning Commission work session on land use.
Work session on "Review of City water Issue" postponed.
Complete Board of Review and technology review.
No work session scheduled.
Joint Council/Planning Commission session on Senior Housing.
CITY OF SHOREWOOD
PtAJ."fNING CO~llSSI0N MEETI~G
TUESDAY, JULY 19, 1994
CO{JNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
1:00 P.M.
MINUTES
~~~~
CALL TO ORDER
Chair Rosenberger called the meeting to order at 7:00 p.m.
ROLL CALL
Present:
Chair Rosenberger; Commissioners Bean, Borkon, Foust, Malam, Pisula and
Turgeon; Planning Director Nielsen.
. APPROVAL OF MINUTES
Pisula moved, Borkon s~nded to approve the minutes or the Commission's June 28, 1994
meeting. Motion passed 6/1. Foust abstained.
Malam moved, Turgeon seconded to approve the minutes or the Commission's July 5, 1994
meetina. ~fotioD P83Sed !12. Foust and Pisula abstained.
1. DISCUSSION REGARDING MORl\.TORIUM ON DEVELOPMENT
Chair Rosenberger stated the Commission is currently considering a number of development
projects in the City and is also working on updating the Comprehensive Plan. He explained
that the Commission will consider a recommendation to the City Council that it declare a
moratorium on development until the updates to the Comprehensive Plan are completed.
. Nielsen reviewed the statuS of completed Chapters of the Camp Plan to date and submitted
a revised timetable for completion of the Camp Plan Update. The schedule, detailed in
Nielsen's memorandum dated July 14, 1994, projects that the updated Comp Plan would be
adopted in June 1995, subject to review by the Metropolitan CounCIl. Nielsen outlined
procedures and a timetable for review and adoption of a..T1 ordinance declaring a moratorium
on development (detailed in Nielsen's memorandum dated July 15, 1994). He indicated that
if the Commission recommends, at this meeting, that a moratorium be declared, the
Ordinance could become effective on September 21, 1994 following its appropriate review,
public hearing, adoption and official publication.
The Commissioners considered the merits of a development moratorium. Bean stated that
as the last significant properties are being considered for development, decisions become
more complicated and difficult. He stated that the Lundgren Bros. Ine. application for a
Comprehensive Plan amendment coming for consideration in the midst of work to update
'~A2
PUNNING" COMMISSIONMTh1JTES
July 19, 1994 . PAGE 2
the Comprehensive Plan suggests that the process be slowed down; A. to adopt the right
Comprehensive Plan, and B. with an updated Plan in place, the Commission and the
Council will have better guidance as to how to assess the final developments and the impact
on the community.
Turgeon and Pisula concurred with Bean's assessment of the need to slow down the process.
Foust inquired whether the proposed Comp Plan review schedule is realistic. Nielsen stated
the schedule is achievable barring any significant re.writes following the public hearings.
Bean noted that discussion will be tabled on significant developmentS and the Commission
will be able to devote more meeting time to focus on the Camp Plan update. Malam
inquired how long the Metropolitan Council's review of the Plan may take. Nielsen replied
that he will obtain that information, noted the Met Council is currently considering the
affordable housing issue, and indicated that future legislative actions may affect its review
process.
Rosenberger reviewed the significance of the Comp Plan as the City's strategy for
completion of its growth. He stated the process provides the opportunity for input from the
public on issues including environment schools, wetlands, reforestation, streets, parks, senior
housing, etc. Rosenberger stated that the City staff and the Commissioners work diligently
to evaluate development applications and empbasized that it behooves the residents to
participate in formation of the City's Comprehensive Plan through neighborhood meetings
and public hearings.
.
Bean moved, Borkan seconded to recommend to the CauDcil that it adopt an interim
ordinance to protect the plann.ing process by restricting subdivisions 01 land in Shorewood
which create three or more lots. The interim ordinance would last for one year or until the
Comprehensive Plan Update Is completed and submitted to the Metropolitan Coundl,
whichever comes first. Motion passed 7/0.
The Council w11l consider the recommendation at its July 25, 1994 meeting.
.
2. PUBLIC HEARING - PRELIMINARY PUT. SMITHTOWN MEADOWS (tabled
from July 5, 1994 meeting)
Applicant:
Location:
Abingdon Development Corp.
25655 Smithtown Road/25725 Eureka Way
Rosenberaer movedy Borkon seconded to table to August 9, 1994, consideration of the
applfcstion or Abingdon Development Corp. (or Smithtown Meadows preliminary plat, to
obtain direction tram the CDuncil. Motion passed 7/0.
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FiLE COpy
Sue & Vern Schwanke
26865 Edgewood Road
Shorewood, MN 55331
Tel: 474-3886
--
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July 25, 1994
Dear 8/Utc1 /}} ~ ','
We are writing this letter to you concerning an issue that greatly affects us and our
neighborhood. We, and other neighbors have been in the process of negotiating the sale
of some of our properties of the Tony Eiden Corporation for a proposed development
here. We have been pleased to see that the Eiden Corporation has been working
consistent with Shorewood's existing comprehensive plan. These negotiations have been
jeopardized by continuous assaults from a small, but nosy and noisy band of residents
who own no property in the area of proposed development.
All of the negotiating parties have considerable amount of time and money invested inthe
planning of this development and the Eiden Corporation - as you know - is already well
into the second stage of the PUD.
It seems quite inappropriate that the City of Shorewood impose a one year moratorium
on a proposed development which meets all existing criteria set forth by the city.
This proposed development would perfectly complement the Boulder Ridge development
by Eiden and would provide beautiful, quality homes as well as a much needed second
egress for the Boulder Ridge development.
We respectfully request that you reject the Planning Commissions recommendation for
any moratorium unless it would exclude Tony Eiden's proposed development.
Sincerely,
~ ~~ --5:&q-
Susan & Vernon Schwanke .
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P. 02
Mayor Brance! and Shorewood City Council
City Hall
Shorewood, MN
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. FilE COpy
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Dear Mayor Brancel and City Council Members:
.
On your agenda for the qty Council meeting July 2S is a recommendation of the
Planning Commission to initiate the l~oal process to consider the adoption of a
development moratorium in Shorewood_ I did attend the July 19 Planning Commission
meeting since our Smithtown Meadows plat was on the agenda as an item of business
tabled from the July 5 Planning Commission meeting. I therefore heard the discussion of
the Planning Commission prior to adoption of their recommendation regarding the
moratorium issue.
Abingdon lJevelopment CorporationlT ony Eiden Company has three projects in
Shorewood for whic11 applications have been accepted by the City and/or partial
approvals have been granted, as follow:
Heritage - A PUD On Edgewood Road for which Concept Plan approval has been granted
by the City Council to yield 1 dwelling unit for each 40,000 square teet of net site ar~
subject to several conditions. Plans for pun Development Stage review are complete,
with formal submission scheduled prior to August 1. ..oJso, preparation of an EA W has
been commenced, as recommended (but not formally required) by the Planning
Commission. It continues to be our intent to comply 'With the conditions or Concept Stage
approval by the City Council.
.
Smith town Meadows - A conventional subdivision to create 5 new SFD building lots and
replace one dilapidated existing dwelling south of SmithtO\Vl1 Road, adjacent to the
Hennepin County Trail A Public Hearing was held by the Planning Commission on July 5.
Although staff recommended approval of the plat subject to several conditions, the
Planning Commission tabled the matter to their July 19 meeting for further discussion.
Matters of a technical/engineering nature were mentioned as the basis for tabling. I was
prepared to discuss this matters with the Planning Commission July 19, but the
COmmission again tabled the application without comment, except for reference to the
moratorium recOmmendation they had adopted earlier in the meeting.
Manitou Woods - A 410t confessional subdivision for twin homes on an appropriately
zoned parcel On Manitou Road, across from the Copper Stein. Our application ""'as filed in
July, 'With a Public Hearing scheduled before the Planning Commission on August 2.
I recognize that State Statute empowers the City to adopt a moratorium under
certain circumstances. I also recognize that those circumStances may technically exist for
Shorewood . principally an ongoing update of Comprehensive Plan Elements. I am also
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aware of other suburban comrrn.m.ities having adopted moratoriums over cbe past few
years. I was personally involved in one in Plymouth a number of years ago.
Because of those factors r am neither questioning the authority of Shorewood to
impose a moratorium, nor do I question the intent of our LegisIamre in empowering cities
such as Shorewood to do so in the appropriate circumstances. I do. however, submit that
the reasons for a moratorium and the broad scope of the moratorium suggested by the
Shorewood Planning Commission raise serious concerns over equity and fairness of
application.
In their discussion of the motion to recommend consideration of a moratorium
interim ordinance the Planning Commission mentioned that S applications were before
them for consideration at the present.time. In addition to the our 3 mentioned above. I
understand there is another small plat and the application by Lundgren to amend the
Comprehensive Plan. The combined impact of our 3 applications will not exceed 29 new
dwelling units, and I understand that the other subdivision application would represent a
very few more. Also. with at least our 3 applications no Comprehensive PIan amendments
are proposecl nor are there any Rezonings or Zoning Variances applied for.
The 3 development moratoriums in the Metro Area with which I am fumiliar were
imposed by the respective communities in response to major policy or infrastructUre
considerations facing those communities. In the case of Plymouth it was applications for
several hundred units of housing in an area not yet serv'ed by sanitary sewer (but
scheduled to be). The issue was as much when to do the sewer as whether the projectS
were in the city's best interests. In Lakeville they were again dealing with hundreds of
potential units and a concern with very small lot sizes (in the 10,000 square foot range)
generating hou..cring of too Iowa value to support urban services. In Woodbury it was
issues of commerciaJ development and the location of a major freeway interchange
It is my further understanding that the moratoriums imposed in these cases were
directed at a specific geographic area - not city wide.
Also mentioned by the Planning COmmission during their discussion of this matter
was interference with their continued work on the Comprehensive Plan caused by haying
to deal with the applications for development before them. Metro Council policy calls for
review of local comprehensive plans every 5 years and updating every 10. It could be
expected, therefore that the time demands on a Planning Commission v.ill be periodically
more intense than normal - related to Pian reviews and updates. With due respect for the
uncompensated nature 9f service on a local planning commission, I think it is fair to say
that the imposition of a development moratorium to clear agendas to pursue other
business ( such as comprehensive plan work) was not the intent of the Legislature in
authorizing development moratorium.
While not discussed by the Planning COmmission prior to their vote on the
moratorium issue. the impact of a. moratorium of the broad :scale recommended to
-A;
...
.
.
Po 04
-. -JL -25-94 MON 15: 28
.
.
developers, property owners of Shorewood and the City in general '\Nil1 be substantial. At
least in the case of our firm several tens of thousands of dollars have already be expended
to complete the required environmental analysis and project design work that is required
by the City with for applications. In addition to that many hundreds of hours of staff time
have been expended to assemble the properties and secure the measure of control required
by the City prior to application. Also there have been outright land purchases in some
cases, together with sizable option feesleam~'t money expended in other cases in reliance
on the City development review process. A 1 year delay in that review process was
certainly not anticipated. so as developers we are faced with either e.."q>ired purchase
agreements and/or a year's worth of carrying costs (interest + taxes, at least). Ifwe are
asking the City for variances or pIan amendments we can calculate the risk of those special
requests against the investments we make. The risk of moratorium for projects that meet
existing City plans and codes is certainly not anticipated.
Current land owners may very well speak for themselves as to the impact of a.
moratorium to them. Certainly it can be eh1'ected that many long held personal plans
(financial and otherwise) have been based on completion of the development process and
the sale of the land. Many of these land owners have been Shorewood residents for
decades and have a right to fair treatment "Within the plans and codes of Shorewood.
In terms of the overall City impact, a moratorium would result in at least a deferral
of net ta.~ revenue from probable development for the year or more the moratorium is in
place. The loss of momentum on these projects, or the loss of the projects altogether
could add to that. Tnere would also be the loss of credibility issue - both with t.,e
development community and Shorewood land owners.
On July 2S the City Council will be deciding whether to initiate the moratorium
ordinance process. If the process is been initiated it ~ill gain considerable momentum from
the group of residents currently in opposition to one or more specific projects now under
consideration by the City. r fear that rhe City may end up l,,\<ith a moratorium for the wrong
reasons. Would it not be more appropriate to address the CWTent projects on their
individual merits under the Comprehensive Plan and Zoning Ordinance? If there tn1ly is a
need for a development moratorium would it not be more equitable to close the door on
new applications tl1an to '.poc.ket veto" projects - particularly where insignificant units
counts are proposed and compliance with the Comprehensive Plan is maintained _ that are
aJready "in the pipeline"? That has not, after all, been a mad rush to apply to beat a
moratorium deadline.
A procedural matter that relates to this issue is the manner in which the Planning
Commission is handling the Smithtown Meadows application. As I have noted the
Commission simply tabled the Smithrown :Meadows Preliminary PIa! without comment
other than reference to their moratorium recommendation. The Statute enabling the.
moratorium process specifically states" No interim (moratorium) ordinance may halt,
delay, or impede a subdivision which has been given preliminary approval prior to the
effective date of the ordinance". By tabling action on the Smithtown application I:
P.05
premise that a moratorium is imminent the Commission would seem to be acting contrary
to the spirit if not the letter of the statute. I respectfully request the Council to; direct the
Commission to make a recommendation regarding Smithtown ~feadows withOut regard to
the moratorium issue. ;
i
. i
It is my sincere hope that the CounCl1 will carefully consider the wide range of
negative impacts a. moratorium would bring as well as the reasons for such an a.ction~ I
respectfully request the Council to not adopt the P1a.noing Commission recommendation.
It would appear that very little purpose would be served and a great deal of in~quity I
would result. , I
Sincerely yours,
Abingdon Development CorporationITony Eiden Company
Charles E. Dillerud
Director of Land Development
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MAYOR
Barb Brancel
COUNCIL
Kristi Stover
Rob Daugherty
Daniel Lewis
Bruce Benson
.
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:
1 July 1994
RE:
Waldin, Judy - Fence Setback Variance
FILE NO.:
405 (94.14)
BACKGROUND
Judy and Rocky Waldin have requested approval of a setback variance to erect a fence
closer to Christmas Lake than the City Code allows. Their property is located at 5755
Merry lane (see Site Location map - Exhibit A, attached). The property is zoned R-IA1S,
Single-Family Residential/Shoreland, which requires a 75-foot setback from the ordinary .
high water level of the lake. As can be seen on Exhibit B, the proposed fence encroaches
. into the lake setback ranging from 12 to 25 feet.
The existing home is located entirely within the 75-foot setback area.- This is part 'of the
_ applicant's justification for the variance, as explained in her letter, dated 6 June 1994
(Exhibit C,. attached). .' .
ANALYSIS/RECOMMENDATION
Criteria for granting variances are contained in Section 1201.03 Subd. 5 of the City Code
and are summarized in Exhibit D. These should be reviewed in evaluating the applicant's
request. It should be noted that variances must meet all of the criteria in order to be
granted. .
If it is found that the variance is justified fn order for the applicant to make reasonable use
of her property, then ways to minimize the variance and preserve the natural appearance of
the shoreline should be considered:
------
~61? 1
A Residential Community on Lake Minnetonka's South Shore
Re: Waldin, Judy
Fence Setback Variance
1 July 1994
1. Initial discussions with the applicant included a four-foot, chain link fence. She now
requests a five-foot fence. A four-foot, chain link fence is easier to screen from view
with landscaping than a five-foot fence.
2. Require green or black vinyl-coated chain link fencing which is far less visible than
galvanized.
3. Require additional landscaping to screen the fence from view of the lake. A
landscape plan showing hedge type plants along the east side of the fence should be
required. Proposed plantings should be sized according to the required screening
requirements of Section 1201.03 Subd. 2.g. of the Zoning Code. A letter of credit or
cash escrow should be required to ensure that landscaping will be completed this
year.
cc: Jim Hurm
Tim Keane
Judy Christensen-Waldin
- 2 -
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SITE LOCATION
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Exhibit B
SITE PLAN
June 6, 1994
Bradley Nielsen, City Planner
City of Shorewood
5755 Country Club Road
Shorewood, N1N 55331
RE: 5755 Merry Lane
Shorewood, N1N 55331
PIN: 35-117-23-14-0002
Dear Mr. Nielsen,
.
Attached, please find, is an application for a building pennit, as required by the City of
Shorewood, to build a safety fence on the above referenced property. Due to the proximity of
the house and garage to the shoreline of Christmas Lake, a setback variance will be needed.
This request is prompted by the following hardships:
* Our two children, ages 2 and 3 1/2, presently have direct access to the lake via our
lawn, which leads directly to the water. The shoreline is within 50-60 feet from their
play area and is a constant attraction to the kids, especially, when there are ducks,
geese, and/or boaters along the shoreline.
* Due to the layout of the property, there is no way to create a fenced-in area
that would be behind the 75 foot setback and still be directly accessible from the
house.
.
The fence we are proposing would be 5 feet tall, in the area of the yard visible from the lake.
(See attached Certificate of Survey) It would be connected at the porch entrance, continue
straight out to and wrap around the west side of the tree, and connect to the south property
line. This is the most direct route across the property, and it offers the tree, hammock, and
other foliage along the south property line as "landscaping". The portion of fence connecting
the house to the garage, by the driveway, would be 6 feet tall. This combination will offer the
least amount of visible obstruction from the lake.
Based on the above factors, we respectfully request a building pennit to construct the
proposed fence.
7i1tGf4~~/tJijL ~~
Judy Christensen- W aldin & Rocky Waldin
Exhibit C-l
APPLICANT'S REQUEST LETTER
Dated 6 June 1994
May 22, 1994
Planning Commission Members
City Council Members
City of Shorewood
5755 Country Club Road
Shorewood,:rvfN 55331
Re: Variance Request
5755 Merry Lane
Dear Commission and Council Members:
Please be aware that the below signed individuals have reviewed the
proposed. safety fence plans to be submitted by Rocky Waldin and Judy
Christensen- Waldin for their property as referenced above. We found them
to be acceptable, and to have minimal impact on lakeshore residents.
We hereby recommend approval of the requested variance.
~1-4~~
Horton & Bernice Brooks
21195 Radisson Road
Pill #35-117-23 130"029
Exhibit C-2
.
.
May 22, 1994
Planning Commission Members
City Council Members
City of Shorewood
5755 Country Club Road
Shorewood, 1v1N 55331
. Re: Variance Request
5755 Merry Lane
Dear Commission and Council Members:
Please be aware that the below signed individuals have reviewed the
proposed safety fence plans to be submitted by Rocky Waldin and Judy
Christensen- W aldin for their property as referenced above. We found them
to be acceptable, and to have minimal impact on lakeshore residents.
We hereby recommend approval of the requested variance.
Daniel Noonan ucinda
21115 Radisson Road
Pill #35-117-23 11 0077
Exhibit C-3
May 22, 1994
Planning Commission Members
City Council Members
City of Shorewood
5755 Country Club Road
Shorewoo~~ 55331
Re: Variance Request
5755 Merry Lane
.
Dear Commission and Council Members:
Please be aware that the below signed individuals have reviewed the
proposed safety fence plans to be submitted by Rocky Waldin and Judy
Christensen- Waldin for their property as referenced above. We found them
to be acceptable, and to have minimal impact on lakeshore residents.
We hereby recommend approval of the requested variance.
.
~
eter & Marie Lehman
21265 Radisson Road
Pill #35-117-23 13 0037
Exhibit C-4
.
.
CRITERIA FOR GRANTING VARIANCES
· Circumstances must be unique to the property
Owner faces problems that other owners in zoning district
do not
Would the variance set a precedent for other properties
.
Applicant must demonstrate "undue hardship"
Property can not be put to a reasonable use
Plight is due to circumstances unique to the property and
not created by the owner
Variance should not alter the essential character of the
locality
Variance must meet all three of the above
· Economic considerations alone shall not constitute hardship
· Burden of proof is on the applicant
· City may attach reasonable conditions
Exhibit D
VARIANCE CRITERIA SUMMARY
CITY OF SHOREWOOD
RESOLUTION NO.
A RESOLUTION GRAi'ITING A SETBACK VARIANCE
TO JUDY CHRISTENSE1'{-W ALDEN
\) \l~~"\
WHEREAS, JUDY CHRISTE1'{SEN- W ALDE1'{ (Applicant) is the owner of real property
located at 5755 Merry Lane, in the City of Shorewood, County of Hennepin, legally described as:
"Lot s 190 and 191, Auditor's Subdivision No. 120, Hennepin County,
Minnesota"; and
WHEREAS, The Applicant has applied for a setback variance to allow a fence to be
constructed 45 feet from the Ordinary High Water Level (OHWL) of Cbrismas Lake, which
variance amounts to thirty feet; 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 July 1994, 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 5 July 1994, 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 July 1994, 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 existing home on the property was built prior to the City's adoption of the
current setback requirement and is located only 43 feet from the OHWL of Christmas Lake.
2. That the existing home is located entirely within the required lakeshore setback area
for Christmas Lake, and there is no way to create a fenced-in area that would be directly accessible
from the house, without a variance.
3 . That considerable vegetation exists on the property which would partially screen the
fence from view from Christmas Lake.
4. That the property is occupied by a driveway serving property to the south of the
Applicant's loc.
fr5~~
CONCLUSION
A. That the Applicant has satisfied the criteria for the grant of a variance under Section
1201.05 of the City Code and has established an undue hardship as defmed by Minnesota Statutes
Section 462.375, Subd. 6(2).
B . That based upon the foregoing, the City Council hereby grants the Applicant a
thirty-foot setback variance from the OHWL of Christmas Lake.
C. That this approval is conditioned upon the following:
1 . The fence shall be green or black vinyl coated chain link no higher than five feet.
except for the segment of fence to be constructed between the home and the garage,
which may be a six-foot privacy fence.
2. The Applicant must submit a landscape plan providing additional vegetation to
screen the fence from view from Christmas Lake. The landscape plan must be
approved by the Zoning Administrator.
The Applicant must provide bids based upon the approved landscape pian. from
which a letter of credit or cash escrow for 1.5 times the bid amount must be
provided to the City by the Applicant. The letter of credit or escrow will be released
by the City upon completion of the landscaping.
4. Required landscaping must be completed by 15 October 1994.
3.
D. That the City Administrator/Oerk 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 25th day of July, 1994.
Barbara J. Brancel, Mayor
ATTEST:
James C. Hurm
City Administrator/Clerk
- 2 -
.
.
RESOLUTION NO.
A RESOLUTION APPROVING THE CONCEPT PLAN
FOR HERITAGE P.U.D.
WHEREAS, Abingdon Development Corporation (Applicant) is the owner of real property
located in the City of Shorewood, County of Hennepin, legally described in Exhibit A, attached
hereto and made a part hereof; and
WHEREAS, the Applicant has applied to the City for approval of a Concept Plan for the
construction of a residential planned unit development known as Heritage P.U.D., containing
twenty-one (21) single-family lots on approximately 32.65 acres ofland; 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 June 1994, which memorandum is on file at City Hall, and
. .
WHEREAS, the Planning Commission at its regular meeting of7 June 1994
recommended approval of a Concept Plan for the Heritage P.U.D., subject to conditions; and
WHEREAS, the Applicant's request was considered by the City Council at its regular
meeting of 27 June 1994 at which time the City Planner's memorandum and the minutes of the
Planning Commission were reviewed and comments were heard by the City Council from the
Applicant and City staff; and
.
WHEREAS, the Park Commission at its regular meeting of 28 June 1994, recommended
that the City require cash in lieu of land as a park dedication requirement.
NOW, THEREFORE, be it resolved by the City Council of the City of Shorewood as
follows:
The Applicant's request for approval of a Concept Plan for Heritage P.U.D. is
subject to the following conditions of approval as set out in the Planning Staff
Report, dated 1 June 1994:
1.
.
,';'
(a)
(b)
(c)
(d)
(e)
(f)
Deed restrictions shall be recorded against Lots 1 and 13 stating that t.hey
will not be further divided.
This approval allows a density of one unit per 40,000 square feet of net
buildable area (as opposed to a specific lot count), which will be based upon
more detailed survey information to be provided in tpe Development Stage
of the P.U.D. process. I "
The proposed pedestrian access to the commonly owned island shall be
developed with the site improvements, and clearly identified as being owned
and maintained by the homeowner's association.
Protective covenants for the P.U.D. shall clearly set forth provisions for
protecting the wetlands (i.e. no dumping of yard waste, no fencing, no site
alteration, etc.).
The 50-foot lakeshore parcel shall be eliminated from the P.U.D.
Lots on the east end of the proposed road shall comply with R-IA district
standards (width, area and setbacks).
:i5C
3.
.~
(g) R-1A setback requirements shall be maintained throughout the P. U.D.
..
(h) The Applicant should continue to negotiate with land owner(s) adjoining the
. "panhandle" of Lot 18 to swap an equal amount of land for the 50-foot
strip.
(i) Lots shall not be platted into the City's designated wetland.
Q) The City may require that the project be connected to the municipal water
system.
(k) The Applicant shall submit a tree inventory and reforestation plan as part of
the Development Stage plans.
(1) The Applicant shall provide additional street right -of-way as needed to
bring Edgewood Road into compliance with Shorewood r.o.w. standards
(50' width) within its plat.
2.
(m) The Applicant must provide conservation easements for any Wetland
Conservation Act wetlands outside of the City's designated wetland.
City Council approval of the Concept Plan is subject to all applicable standards.
regulations. and requirements of the Shorewood City Code, including, but not
limited to the following:
(a) Section 1201.04 Subd. 1. regarding the procedures for review and approval
of conditional use permits;
(b) Section 1201.06. Subd. 3. regarding special procedures for the
establishment of a P.U.D. by conditional use permit;
(c) See cion 1201.25 Subd. 6.(b)(l) regarding the purpose of concept plan
approval.
.
,
Approval of the Concept Plan is not intended, nor does it act to grant approval of a
Development Stage Plan or Final Stage Plan which are required pursuant to Section
1201.25, Subd. 6.(c) and (d).
CONCLUSION
.
1 . The application of Abingdon Development Corporation for approval of the Concept
Plan for the Heritage P.U.D. as set forth above is hereby approved.
2. Adopted by the City Council of the City of Shorewood this 25th day of July 1994.
ATTEST:
Barbara 1. Brancel, Mayor
James C. Hurm, City Administrator/Clerk
-2-
MAYOR
Barb Brancel
COUNCIL
Kristi Stover
Rob Daugherty
Daniel Lewis
Bruce Benson
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 · (612) 474-3236
MEMORANDUM
.
TO:
FROM:
DAlE:
RE:
Fll..E NO.:
Mayor and City Council
Brad Nielsen
3 August 1994
Minnewashta Elementary School- Revise C.U.P.
405 (94.19)
.
In the recent assembly of land parcels for the Minnewashta Elementary School. the
conditional use permit for the school listed all of the property which the School District
controls on the legal description for the c.u.p., including the westernmost 10 acres which
the District had intended to sell. While the c.u.p. provisions do not impact the westerly 10
acres, a title company for the prospective buyer has asked that the City adopt a resolution
stating that the c.u.p. does not include the westerly portion of the property. .
This is considered to be a "housekeeping" matter which is illustrated on the attached
exhibit.
If you have any questions relative to this item. please contact me on Monday.
cc: Jim Hurm
Tim Keane
Mark Kelly
A Residential Community on Lake Minnetonka's South Shore
$,0,1
Exhibit A
SITE LOCATION
Minnewashta School - Subdivision/Combination
and C.U.P.
2
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IX
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RESOLUTION NO.
A RESOLUTION AMENDING
SHOREWOOD RESOLUTION NO. 78-92
GRANTING A CONDITIONAL USE PERMIT
AND SETBACK VARIANCES FOR THE
HINNEWASHTA ELEMENTARY SCHOOL
WHEREAS, Shorewood Resolution No. 78-92 was adopted by the
City Council of the City of Shorewood on the 24th day of August,
1992; and
WHEREAS, said Resolution No. 78-92 referenced real property
located in the County of Hennepin, State of Minnesota, legally
described as follows:
.
"That part of the Southeast Quarter of the Northwest
Quarter, Section 32, Township 117, Range 23 described as
beginning at a point on the South line of said Southeast
Quarter of the Northwest Quarter 313.5 feet East from the
Southwest corner of said Southeast Quarter of the
Northwest Quarter; thence East along the South line of
said Southeast Quarter of the Northwest Quarter 165 feet;
thence North parallel with the West line of said
Southeast Quarter of the Northwest Quarter 330 feet;
thence East parallel with the South line of said
Southeast Quarter of the Northwest Quarter 264 feet;
thence North parallel with the West line of said
Southeast Quarter of the Northwest Quarter to the North
line of said Southeast Quarter of the Northwest Quarter;
thence West along said North line 429 feet more or less
to its intersection of a line drawn parallel with the
West line of said Southeast Quarter or the Northwest
Quarter from the point of beginning; thence South along
said parallel line to the point of beginning except that
part thereof described as the West 115 feet of the South
378.78 feet as measured along the Southerly and Westerly
line thereof."
.
hereinafter the Westerly ten (10) acres; and
&, 0,2.,
.. ~ ,-,.
.
.
WHEREAS, it is the intent of the City of Shorewood to exempt
the Westerly ten (10) acres from the operation of Shorewood
Resolution No. 78-92.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the
City of Shorewood as follows:
1. That Exhibit A of Shorewood Resolution No. 78-92 be
amended by the deletion of the legal description of the
Westerly ten (10) acres as above described.
2. 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
DAY OF , 1994.
Barbara J. Brancel, Mayor
ATTEST:
James C. Hurm,
City Administrator/Clerk
-2-
SOUTH LAKE MINNETONKA PUBUC SAFElY DEPARTMENT
810 Excelsior Boulevard
Excelsior, Minnesota 55331
RICHARD A YOUNG
of Police
(612) 474-3261 CUef
BEBQR~!iDUH
To:
Excelsior City Manager Carl Zieman
Greenwood City Clerk Sandra Langley
Shorewood City Administrator James C. Hurm
Tonka Bay City Administrator David Callister
Chief Rick YOun~
July 28, 1994 0
1995 Budget
From:
Date:
Subject:
4Ilttached is the recommendation to the various City Councils from the
Coordinating Committee for the South Lake Minnetonka Public Safety
Department 1995 Budget. At the Coordinating Committee meeting, a motion
was passed to have a separate line item for the physical fitness
incentive pay. I have done this to the best of my ability. However,
this is only as it relates to salaries. Other items are also impacted
by this item. The overtime line item will be higher for those with the
pay. The insurance line item would also change due to the workers
compensation insurance being higher for them. The benefits line item
will also be effected because such things as PERA and social' security
are based upon salary. I do not believe these items will make a drastic
effect on the budget, however. As usual, please notify me if you, the
Mayor or City Council wish me to be present to answer any questions when
they discuss our budget.
.With the attached budget, the officers of the department will be able to
dequately perform the duties expected of them and the people in our
ommunities will continue to receive the fine law enforcement services
they have come to expect in a professional and efficient manner.
I would like to remind you of the September 1st deadline of the Joint
Powers Agreement. Because of this, I would like to suggest that the
motions that each city makes be worded "an amount not to exceed" and
then put in the amount the city council feels appropriate. That way we
can then take the lowest amount so passed, if it is different from the
recommendation, and use it without having to go back to each council for
approval of the lower amount before the September 1st deadline.
Thank you!
:It.
~
Serving South Lake Minneton/cQ Communities of Excelsior, Gremwood, Shorewood and Ton/cQ Bay
SOUTH LAKE HINNETOHKA PUBLIC SAFETY DEPARTKENT
1995 BUDGET
Coordinating Committee Recommendation
10 - Salaries
$638,150.00
5,500.00
30,750.00
36,300.00
3,000.00
13,500.00
4,000.00
14,165.00
7,000.00
14,500.00
100.00
.
lOA - Salaries - Physical Fitness
11 - Salaries - overtime
12 - Salaries - parttime
13 - Professional Services
20 - Communications
21 - Printing & Publishing
22 - Utilities
23 - Travel, Conferences & Schools
24 - Maintenance
27 - Care of Persons
28 - Cleaning & Waste Removal
30 - Office Supplies
33 - Motor Fuels
37 - .Uniforms
39 - General Supplies
40 - Rent
4,400.00
3,750.00
17,000.00
5,500.00
9,000.00
41,200.00
52,000.00
650.00
.
41 - Insurance
43 - Subcriptions & Memberships
45 - Pensions & Benefits
TOTAL
136,200.00
9,500.00
1,500.00
6,000.00
40,000.00
1,093,665.00
48 - Special Projects
51 - Building Expense
52 - Furniture & Equipment
53 - Vehicles
State Aid
INCOME
Transfer From Contingency
Interest
Park Patrol
Court Overtime
Civil Defense
Training
Sale of Vehicles
.
Accident Reports
Fingerprints
Photocopies
Report Copies
Miscellaneous
CITY
.
Excelsior
Greenwood
Shorewood
Tonka Bay
TOTAL
(65,000.00)
(15,000.00)
(5,500.00)
(6,000.00)
(7,350.00)
(4,000.00)
(4,500.00)
(8,000.00)
(500.00)
(100.00)
(200.00)
(800.00)
(1,000.00)
(117,950.00)
GRAND TOTAL
975,715.00
BUDGET
$975,715.00
975,715.00
975,715.00
975,715.00
%
.314
.081
.439
.166
TOTAL SHARE
306,374.51
79,032.92
428,338.89
161,968.69
City 1994 Contributions
Excelsior
Greenwood
Shorewood
Tonka Bay
300,694.49
80,374.31
408,490.63
156,020.73
SOUTH LAKE MINNETONKA PUBLIC SAFETY DEPARTMENT
BUDGET NARRATIVE FOR 1995
EXPENSES
10-Salaries $638,150.00
The department has completed union negotiations for 1995.
represents those costs.
This figure
lOA-Salaries Physical Fitness $5,500
If all officers qualify for the physical fitness incentive, this amount would
be added to their base salary.
11-Salaries - Overtime $30,750
This category includes all holiday overtime and regular overtime. It also
includes court overtime. The revenue for court overtime is shown under
anticipated income. July 4th is not included. ~
12-Salaries - Part Time $36,300
This line item covers part time secretarial help to assist the Administrative
Clerk. With increased mandatory state requirements, an amazing increase in
walk in and telephone requests and the increase in police calls, much
additional work is required in the office. The part time positions are
essential to accomplish the necessary and required job tasks. There are two
of these positions. This category also includes the Excelsior Park Patrol.
A revenue is shown under anticipated income.
13-Professional Services $3,000
This account covers the audi t required by state statutes, physical and
psychological exams and all legal serv~ces that are required by the
department. Should legal assistance be used more than anticipated, this lin~~
item would skyrocket in costs. Legal fees account for only $800 of the tota~
budget request.
20-Communications
$13,500
This account covers all costs associated with necessary radio communications
equipment required by the department. This line item has decreased in the
past two years due to the amoritization of the portables one year and the
mobiles last year.
21-Printing & Publishing $4,000
This section covers all correspondence and necessary report keeping
functions. Expected expenses in this category include stationery, envelopes,
report forms, warning citations, legal and professional publications. New or
changed state and federal reporting requirements always necessitate new
forms.
22-Utilities $14,165
This account covers all utilities. Rate increases are expected.
23-Travel, Conferences & Schools $7,000
This account covers all departmental training programs. The cost of training
is expensive; however, litigation is much more so. It is imperative that we
continue to provide the best possible training for our personnel. Recent
State and federal mandated training require additional expenditures. This
line item also covers local meeting costs and parking fees for court, etc.
24-Maintenance $14,500
Funds disbursed from this category provide for the maintenance of
departmental equipment. All automotive repairs, along with office equipment
and departmental radio service, are covered in this classification. Radar
units require scheduled calibration and are paid for from this account.
Maintenance contracts on the typewriters, copy machine and computers are in
this category. Assuming we continue with the vehicle replacement program we
should be able to hold this line item down.
ii(care of Persons $100
!~s account covers care of prisoners.
No increase is requested.
28-Cleaning and Waste Removal $4,400
This category covers all janitorial services and waste removal.
30-0ffice Supplies $3,750
This section covers all necessary office supplies for maintaining the
operation. It also includes all postage expenses.
33-Motor Fuels $17,000
This portion of the budget covers all fuels and lubricants for the
department's vehicles. Optimistically, no increase is requested for this
.e item. Gasoline prices are currently increasing, but this amount should
sufficient.
37-Uniforms $5,500
This line item covers replacement of the required uniform for all department
personnel. The costs of uniform equipment have been escalating each year
and, therefore, a slight increase is requested for this year.
39-General Supplies $9,000
This category includes all items of a general nature required by the
department. It includes ammunition, tires, first aid supplies, small tools,
vehicle supplies and any and all items required for the general operation of
the department.
40-Rent $41,200
This item covers the rent of the building. Also in this category are rents
for the state CRT, Postage Meter, etc.
41-Insurance $52,000
Covered in this section is the insurance protection for: worker's
compensation, general liability, automobile and professional liability. The
Insurance fund has allowed a reduction in the budget. This amount will be
transferred to the Insurance Fund.
43-Subscriptions & Memberships $650
This area includes subscriptions to professional and legal journals.
Memberships in area and national professional organizations are also taken
from this category.
45-Pensions & Benefits $136,200
This line item is for hospital and life insurance, PERA and Social Security.
The expected State Aid funding is shown as a revenue.
48-Special Projects $9,500
This section covers the required cash match for the federal drug enforcement~
grant administered through the state. This is the Southwest Metro Task Force
made up of eight police agencies in this area. It also covers the
departments fee to use CornerHouse, a child sexual abuse center.
51-Building Expense $1,500
This category covers any and all necessary expenditures for building repair.
As the building ages, we have found the costs going up.
52-Furniture & Equipment $6,000
This line item of the bp.dget is used for replacement and purchase of
furniture and equipment. We do not have a capital account and this category
is used for that and to replace items that become inoperable. Replacement
computer equipment is a large expense.
53-Vehicles $40,000
.
This includes the expenses involved in preparing the new cars for police
service. This budget item reflects the current costs for 2 1/2 vehicles. In
each budget year 2 1/2 cars are budgeted. Every other year we need to
replace three vehicles, instead of two, in order to maintain the fleet and
avoid costly repairs and reduced resale values.
INCOME
State Aid $65,000
An increase is budgeted due to last years income.
Transfer from Contingency $15,000
The Contingency Fund took a large decrease in last years budget and therefore
this years funds available is less. The result is a large reduction in the
amount of money available to offset this years budget.
Interest $5,500
Due to slightly increasing interest rates, this line item has been increased
clightly. This years amount is based upon performance during the first
quarter of 1994.
ilfk Patrol $6,000
~s is a reimbursement from the City of Excelsior for costs of the Park
Patrol. Expenditures of a like amount are budgeted under Salaries - Part
Time.
Court Overtime $7,350
This income is based upon an average of the past several years.
impossible to accurately budget this very variable item.
Civil Defense $4,000
It is
This item has been consistent for the past several years. I do not expect
any change. In order to receive this money, certain training requirements
must be met.
Wining $4,500
After an increase in 1990, the state legislature has been taking away this
money for other purposes, including to help the general fund. Exact amounts
to be received are unknown.
Sale of Vehicles $8,000
This category reflects the sale of two vehicles.
Accident Reports $500
This is an average of the past several years.
Fingerprints $100
This is a standard amount that has been budgeted for years.
Photocopies $200
Past performance indicates this as a sufficient figure.
Report Copies $800
This income has usually managed to reach this level or slightly higher in
past years.
Miscellaneous $1,000
An extremely volatile category. There is just no way to accurately predict
this income item. I think this is a reasonable guess.
.
.
BXPENSe .
BUDGET ITEM 1992 1993 1994 1994 1995
ACTUAL ACTUAL ESTIMATE BUDGET REQUEST
10 Salaries 593,501. 43 610,827.39 627,450.16 627,450.16 638,150.00
lOA Salaries - fitness 0.00 0.00 0.00 0.00 5,500.00
11 Salaries - overtime 18,209.09 23,161. 03 30,000.00 30,000.00 30,750.00
12 Salaries - parttime 32,881.20 32,206.01 35,260.00 35,260.00 36,300.00
13 Professional Services 2,778.16 2,262.00 2,500.00 2,500.00 3,000.00
20 Communications 14,972.81 13,629.50 14,400.00 14,400.00 13,500.00
21 Printing & Publishing 4,235.78 3,980.03 4,000.00 4,000.00 4,000.00
22 utilities 12,089.03 13,413.59 13,820.00 13,820.00 14,165.00
23 Travel, Conferences & Schools 5,004.33 5,734.19 6,000.00 6,000.00 7,000.00
24 Maintenance 14,491.24 12,207.59 14,500.00 14,500.00 14,500.00
27 Care of Persons 128.82 167.60 100.00 100.00 100.00
28 Cleaning & Waste Removal 3,867.96 3,819.69 4,400.00 4,400.00 4,400.00
30 Office Supplies 3,485.23 3,694.65 3,750.00 3,750.00 3,750.00
33 Motor Fuels 14,514.53 13,714.99 17,000.00 17,000.00 17,000.00
37 Uniforms 4,945.08 4,850.44 5,000.00 5,000.00 5,500.00
38 General Supplies 9,060.20 7,153.42 9,000.00 9,000.00 9,000.00
40 Rent 41,057.37 41,134.24 41,200.00 41,200.00 41,200.00
41 Insurance Fund 58,050.00 55,000.00 55,000.00 55,000.00 52,000.00
43 Subscriptions & Memberships 557.60 635.20 600.00 600.00 650.00
45 Pensions & Benefits 123,683.96 129,771. 31 131,000.00 131,000.00 136,200.00
48 Special projects 8,400.00 9,372.00 9,500.00 9,500.00 9,500.00
51 Building Expense 384.00 1,039.37 1,500.00 1,500.00 1,500.00
52 Furniture & Equipment 4,613.09 6,393.00 6,000.00 6,000.00 6,000.00
53 Vehicle Fund 36,500.00 36,250.00 36,500.00 36,500.00 40,000.00
TOTALS 1,007,410.91 1,030,417.24 1,068,480.16 1,068,480.16 1,093,665.00
INCOHB
BUDGET ITEM 1992 1993 1994 1994 1995
ACTUAL ACTUAL ESTIMATE BUDGET REQUESTED
state Aid (64,556.00) (68,254.00) (61,500.00) (61,500.00) (65,000.00)
Transfer from Contingency 8,501.98 4,397.85 (24,500.00) (24,500.00) (15,000.00)
Property Insurance Rebate (0.00) (0.00) (0.00) (0.00) (0.00)
Workers Compo Audit (444.00) (0.00) (0.00) (0.00) (0.00)
Interest (6,152.75) (4,998.97) (5,500.00) (4,800.00) (5,500.00)
Park Patrol (9,405.97) (5,594.61) (6,000.00) (6,000.00) (6,000.00)
Court Overtime (6,462.74) (4,637.65) (7,000.00) (7,000.00) (7,350.00 )
Civil Defense (4,000.00) (4,500.00) (4,950.00) (4,000.00) (4,000.00)
Training (4,285.19) (4,364.49) (4,500.00) (4,500.00) (4,500.00)
Sale of Vehicles (11,320.00) (12,630.00) (8,200.00) (8,000.00) (8,000.00)
Accident Reports (590.50) (417.25) (600.00) (500.00) (500.00)
Fingerprints (55.00) (90.00) (70.00 ) (100.00) (100.00)
Photocopies (24.00) (35.50) (100.00) (200.00) (200.00)
Report Copies (692.50) (781. 75) (600.00) (800.00) (800.00)
Miscellaneous (8,185.82) (2,823.31) (1,000.00) (1,000.00) (1,000.00)
Drug Program (488.42) (215.56) (0.00) (0.00) (0.00)
TOTALS (108,160.91) (104,945.24) (122,900.00) (122,900.00) (117,950.00)
Net to Cities
899,250.00
925,472.00
945,580.16
945,580.16
975,715.00
.
.
:\',. ~
.
CITY OF
SHOREWOOD
MAYOR
Barb Brancel
COUNCI L
Kristi Stover
Rob Daugherty
Daniel Lewis
Bruce Benson
5755 COUNTRY CLUB ROAD · SHOREWOOD. MINNESOTA 55331-8927 . (612) 474-3236
/
:MEMORANDUM
.
TO:
FROM:
DAlE:
RE:
FILENO.:
Mayor and City Council
Brad Nielsen
2 August 1994
Street Light Requ~st - Bayswater Road
405 (Street Lights)
.
Residents of Amesbury West have requested a street light at the end of the cul-de-sac on
Bayswater Road (see attached petition, resident notification and location map). Thepetition
cites vandalism in the area as the reason for the proposed light: While this is specifically
not one of the criteria for locating street lights. the request is consistent with current pQlicy,
which allows street lights at the end of cul-de-sacs.
.-
There is potentially one property which is impacted by the proposed light and is not .
represented on the resident petition. Possibly the lower style light with one side darkened,
similar to that recently installed on Timber Lane, would be appropriate if the owner in
question objects to the light.
If you have any questions relative to this matter, or if you need additional information,
please contact me prior to Monday night's meeting.
cc: Jim Hurm
Joel Dresel
W.T. Hannan
A Residential Community on Lake Minnetonka's South Shore
'1.
.
.
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July 25, 1994
Mr. Brad Nielson, Planning Dept.
City of Shorewood
5755 Count~i Ci~b Road
Shorewood, MN 55331
Subject:
Petition for Street Light
The Board of Directors of Amesbury West Homes Association
has approved the attached petition from property owners to
install a street light at the south end of the public right-
of-way of Bayswater Road as indicated on attached map.
We respectfully request your consideration of this petit-
ion since it is a very dark area and has been the site of num-
erous acts of vandalism. _ A street light installed there would
discourage that kind of activity and clearly benefit all of
the owners in Amesbury West. If there are any questions which
need to be answered, please call me at 474-4506.
Sincerely,
/'4/;r /h-;4'J-rL-
'([. wl'T. HANNAN
President
Amesbury West Homes Association
'/'
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PETITION FOR STREET LIGHT
The property owners in Amesbury West whose sign~tures appear
below petition the City of Shorewood to install .~ street light
at the South end of the public right-of-way of Bayswater Road
as indicated on the attached map,
DATE
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PETITION FOR STREET LIGHT
The property owners in Amesbury West whose signatures appear
below petition the City of Shorewood to install a street light
at the South end of the public right-of-way of Bayswater Road
as indicated on the attached map.
DATE
ADDRESS
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PETITION FOR STREET LIGHT
The property owners in Amesbury West whose signatures appear
below petition the City of Shorewood to install a street light
at the South end of the public right-of-way of Bayswater Road
as indicated on the attached map.
DATE
ADDRESS
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PETITION FOR STREET LIGHT
The property owners in Amesbury West whose signatures appear
"
below petition the City of Shofewpod to install a street light
at. the South end of the public right-of-way of Bayswater Road
as indicated on the attachid map.
DATE
OWNER'S SIGNATURE
ADDRESS
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.
NOTICE
The Shorewood City Council hereby notifies all property owners within 500 feet of the intersection
of Bayswater Road and Garden Road (see Site Location map reverse side) that the Council will
consider a request for a street light at that location at their meeting on 8 August 1994 in the Council
Chambers of Shorewood City Hall, 5755 Country Club Road. The meeting starts at 7:00 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
If you have any questions relative to this matter, you may call the Planning Department at 474-
3236.
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CfTY OF O~HAVEN
CITY,OF SHOREWOOO.
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CHASE ASSOCIATES
MANAGEMENT COUNSEL
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FRANK R. CHASE
4633 BAYSWATER AD
EXCELSIOR .
. MN 55331
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Exceislor, Minnesota 55331 (612) 474-4546
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Minnesota Department of Transportation
Metropolitan Division
Waters Edge Building
1500 West County Road B2
Roseville. Minnesota 55113
July 21, 1994
Mr. Brad Nielsen
5755 Country Club Rd.
Shorewood, MN 55331-8927
Dear Brad:
SUBJECT: Trunk Highway 7 at Christmas Lake Road
.
At the July 11 Shorewood City Council meeting I promised to respond to concerns raised by
the city council. First, thank-you for the opportunity to participate in your deliberations.
The primary concern focussed on sight distance for west-bound traffic, ie., traffic will not
see the signal light in time to respond. The proposed project achieves stopping sight
distances greater than those required to meet 60 mph design specifications. Fifty mph design
specifications are considered sufficient for this project. The posted speed limit for west-
bound traffic is 45 mph. Additionally, the project will replace the existing temporary signal
system with a system that includes signal lamps hung over each lane, as opposed to the
current situation where a single lamp is hung over the lane divider. This, also will improve
sight distance. The new signal lamps include green, yellow and red balls more than twice
the size of what is in place now. We are also investigating the placement of Advanced
Warning Flashers for the west-bound traffic. These flashers will warn traffic of the signal
ahead.
.
The second concern raised is related to sight distance. The proposed project does not
"
remove either the Food & Fuel or the Tonka Auto Body Supply buildings, and both buildings
are very close to the right-of-way lines. Surveys to determine the exact location of each
property line and building will be performed as a part of the project development process.
The Food & Fuel building appears to be contained within their property limits. The Tonka
Auto Body Supply building appears to encroach onto Mn/DOT right-of-way. If the surveys
show this to be true, there are three options; 1) Mn/DOT could buy the property, 2) the
property owner could buy Mn/DOT right-of-way sufficient for his building site, 3) Mn/DOT
could issue an exception allowing the present situation to continue. At the time of
redevelopment of this site, legal setback distances will be required.
A third question was raised concerning placement of crosswalks. Pedestrian ramps,
pedestrian signals and crosswalks will be placed across all legs of the intersection as a part of
this project.
An Equal Opportunity Employer
#1A
Mr. Brad Nielsen
Page Two
July 21, 1994
The project is currently scheduled for construction in the summer of 1996, though it is in
some danger of being deferred to 1997. I believe that with prompt city approval we can
keep to the 1996 construction schedule.
I believe this answers the concerns and questions raised at the July 11 city council meeting.
If it does not, or if there are additional questions, please give me a call. I hope the
Shorewood City Council can pass a resolution granting municipal approval to the project
layout at your next meeting. Please let me know if you would like Mn/DOT attendance at
your meeting. We can prepare overheads explaining these responses. - Please give us a few
days notice if you would like for us to do this.
..
Sincerely,
11{ fa
Tom O'Keefe, P .E.
Preliminary Design Engineer
cc:
Joel Dresel, City Engineer
Bruce Benson, Councilm.ember
Rob Daugherty, Councilmember
Dan Lewis, Councilmember
Kristi Stover, Councilmember
.
.
.
,",-,..1'2:~o'
~ 'j
Councilmember Bruce Benso~,
I recently noted an article in the local paper in regards to the proposed upgrade to
the Christmas Lake Rd-Hwy 7 intersection. I feel the concerns raised in regards to
suboptimal sight lines are very legitamate. and appropiate.I feel that the initial upgrade
proposal ,which, the city of Greenwood vetoed did atlress these sight line concerns more
optimally than the present proposal.. My concern after talking recently with one of the
planners at MnDot however,is that with any further delay the project could be delayed
out to Summer 1998. Given my perception that ninetynine percent of the near accidents
appear related to people tryingto make an illegal turn on Christmas Lake Rd., I feel that
we as citizens have much more to loose by trying yet another time to come up with a plan
revision than we do supporting the present intersection propsal. Again I appreciate all
the hard work you and your associates provide for the City of Shorewood, and I
appreciate your consideration of my thoughts
Sincerely,
(U~~
Daniel E Noonan
"
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RESOLUTION
FOR LAYOUT APPROVAL
At a meeting of the City Council of the City of Shorewood, held on the
, 1994, the following Resolution was offered
day
of
by
seconded by
to wit:
.
WHEREAS the Commissioner of the Department of Transportation has prepared a
preliminary layout for the. improvement of a part of Trunk Highway Number 12 renumbered as Trunk
Highway No.7 within the corporate limits of the City of Shorewood, at the intersection of Christmas
Lake Road; and seeks the approval thereof, and
WHEREAS said preliminary layouts are on file in the Office of the Department
of Transportation, Saint Paul, Minnesota, being marked, labeled, and identified as Layout No.3, S.P.
2706-164 (7 = 12) at Christmas Lake Road.
NOW, THEN, BE IT RESOLVED that said preliminary layouts for the improvement
of said Trunk Highway with the corporate limits be and hereby are approved.
Upon the call of the roll the following Council Members voted in favor of
the Resolution
The following Council members voted against its adoption:
.
,,! L
CK NO
CHECK APPROVAL LISTING FOR AUGUST 8, 1994
TO WHOM ISSUED
PURPOSE
CHECKS ISSUED SINCE JULY 25. 1994
14169
14170
14171
14172
14173
14174
14175
14176
14177
14178
14179
14180
14181
14182
.183
~184
14185
14186
14187
14188
14189
14190
14191
14192
14193
14194
.
City cty Credit Union
Wendy Davis
James Hurm
Cellular Telephone Co.
Theresa Naab
Bradley Nielsen
Northern States Power
Joseph Pazandak
U~ West
Mr. Brad Brunner
Bellboy corporation
Boyd Houser candy/Tobac
East Side Beverage Co.
GTE Directories
Griggs, Cooper and Co.
Johnson Brothers Liquor
Mn Bar Supply
Pepsi-Cola Co
Ed Phillips and Sons
Ryan Properties
Expert Asphalt
First State Bank
Commiss of Revenue
Boyer Ford Trucks
Deputy Registrar #59
Wendy Davis
Payroll deductions
Sec 125 reimb
Sec 125 reimb
Cellular phone air time
Mileage
Sec 125 reimb
utilities
Mileage
Telephone svcs
Release of escrow
Liquor purch
Misc purch
Beer/misc purch
Advertising
Liquor,wine,misc purch
Liquor,wine,misc purch
Misc and supplies purch
Misc purch
Liquor,wine purch
August rent-store II
Payment request #1
Payroll deductions
Payroll deductions
1994 ford F350 truck
Sales tax/license-new truck
Sec 125 reimb
TOTAL CHECKS ISSUED
-1-
AMOUNT
fi.
592.00
140.00
86.42
38.27
45.53
100.00
2316.90
119.59
629.18
300.00
1131.85
626.04
12467.75
59.70
2637.87
347.27
60.14
184.80
570.28
2435.63
47399.30
5998.76
1011.17
15450.00
1037.25
71. 06
95.856.76
CITY UF 5HUW~WUUU
.
CK APPROVAL LISTING FOR
AUGUST 8, 1994 MEETING
CHECK~ VENDOR NAME DESCRIPTION DEPT. AMOUNT
-------- ------------------------- ------------------------ -------- ------------
14195 ALBINSON
PLANNING SUPPLIES
PLANNING
4.31
14196 EARL F. ANDERSEN, INC. STREET SIGNS TRAF CON 237.21
SEAT STRAP BELT -------- 22.10
*** TOTAL FOR EARL F. ANDERSEN, IN 259.31
14197 JEFF REINHART DBA
CITY HALL JANITORIAL
14198 BIFFS, INC.
SATELLITE RENTAL
14199 BORDER BOOKSTORE
COMPUTER SOFTWARE BOOK
.14200 BRYAN ROCK PRODUCTS, INC. REO ROCK/1" ROCK
14201 CHAMPION AUTO STORE ~344 TRANSMISSION FLUID
~14202 COORDINATED BUSINESS SYST COPIER MAINT CONTRACT
14203 CROSSTOWN-OCS, INC. COFFEE SUPPLIES
14204 FISHER ENTERPRISE BLACK DIRT
14205 GOVERNING GOVERNING SUBSCRIPTION
14206 GREEN ACRES SPRINKLER CO SPRINKLER REPAIR
14207 HARTLEY ASSOCIATES COMPUTER SYSTEM SVCS
14208 HENNEPIN COUNTY TREASURER JUNE PRISONER EXPENSE
14209 HENNEPIN CO-OPERATIVE
GRASS SEED
~14210 HOISINGTON/KOEGLER GROUP
PARK PLANNING SYCS
PARK PLANNING SYCS
*** TOTAL FOR HOISINGTON/KOEGLER G
MUN BLDG 295.00
PARKS & 612.60
MUN BLDG 21.26
PARKS & 2,781.42
CITY GAR 16.49
MUN SLOG 372.00
MUN BLDG 53.00
PARKS & 52.12
FINANCE 9.00
SElMER DE 70.60
MUN BLDG 6,086.83
POLICE ,P 390.00
PARKS & 255.60
PARKS & 883.84
-------- 1,854M49
2,738.33
50.74
14211 IDENTI-GRAPHICS SIGNS FOR VEHICLES CITY GAR
139.50
14212 KAR PRODUCTS MARKING PAINT SEWER DE
27.80
14213 MTI DISTRIBUTING COMPANY IRRIGATION SYS SUPPLIES PARKS &
530.36
14214 M-R SIGN CO, INC. STREET SIGNS TRAF CON
14215 MAC WAREHOUSE COMPUTER EQUIPMENT MUN BLDG
999.90
14216 MIDWEST ASPHALT CORP. STREET SUPPLIES STREETS
498.22
14217 ORR,SCHELEN,MAYERON/ASSOC JUNE ENG-ON GOING
JUNE ENG-GENERAL
JUNE ENG-C/H PKING LOT
JUNE ENG-SEASONS
JUNE ENG-DRY HYDRANTS
-2-
6,835.28
3,102.43
6,515.65
.177.75
637.13
CITY OF SHORE WOOD
.
CK APPROVAL LISTING FOR
AUGUST 8~ 1994 MEETING
CHECK~ VENDOR NAME DESCRIPTION DEPT. AMOUNT
-------- ------------------------- ------------------------ -------- -----------
JUNE ENG-BLDR BR WATER
JUNE ENG-MWCC
JUNE ENG-STORM SWR
*** TOTAL FOR ORR~SCHELEN,MAYERONI
14218 PEPSI COLA COMPANY
POP SUPPLIES
14219 STERLING FENCE~ INC.
FENCE TIES
14220 TERMINAL SUPPLY COMPANY
STROBE LIGHT
14221 TIMBERWALL LANDSCAPING
TIMBER FOR GARDEN RD
***
MINUTES
MINUTES
TOTAL FOR TIME SAVER OFF SITE
14222 TIME SAVER OFF SITE SEC
.
14223 TONKA AUTO AND BODY SUPP
***
VEHICLE MAIN SUPPLIES
VEHICLE MAIN SUPPLIES
TOTAL FOR TONKA AUTO AND BODY
WATER DE 496.13
SEWER DE 177.75
-------- 936.56
18,878.68
MUN SLOG
98.45
PARKS &
17.99
PROJECTS
108.87
CITY GAR
63.95
GEN GOVT 54.00
PLANNING 45.75
99.75
PUB WKS 116.29
CITY GAR 106.85
223.14
28.64
14224 WATERPRO
SWR LINE REPAIR SUPPLIES SEWER DE
WATER DE
859.32
14225 DMJ CORPORATION
WTR LINE STREET REPAIR
*** TOTAL CHECKS FOR APPROVAL
*** TOTAL CHECK APPROVAL LIST
.
-3-
36,643.18
132,499.94
-4-
, . ' ..
C H E C K F~ E G I co- T E F~
I_ -:>
CHECK CHECK EMPLOYEE NAME CHECK CHECK
TYPE DATE NUMBER NUMBER AMOUNT
COM 8 01 94 125 BRUCE E. BEI'J.SON 208564 184.70
COt1 8 01 94 200 BARBARA J. BRANCEL 20856.5 233.87
COM 8 01 94 450 ROBERT 8. DAUGHERTY 208566 184.70
COM 8 01 94 26.50 DANIEL R. LEWIS 208567 184.70
COM 8 01 94 4500 KRISTI STOVER 208568 184.70
****TOTALS****
972.67
.
.
-5-
'"
CITY OF SHOREWOOD
PLANNING COMMISSION MEETING
TUESDAY, JULY 19, 1994
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
7:00 P.M.
MINUTES
CALL TO ORDER
Chair Rosenberger called the meeting to order at 7:00 p.m.
ROLL CALL
Present:
Chair Rosenberger; Commissioners Bean, Borkon, Foust, Malam, Pisula and
Turgeon; Planning Director Nielsen.
APPROVAL OF MINUTES
Pisula moved, Borkon seconded to approve the minutes or the Commission's June 28, 1994
meeting. Motion passed 6/1. Foust abstained.
Malam moved, Turgeon seconded to approve the minutes or the Commission's July 5, 1994
meeting. Motion passed 5/2. Foust and Pisula abstained.
1. DISCUSSION REGARDING MORATORIUM ON DEVELOPMENT
Chair Rosenberger stated the Commission is currently considering a number of development
projects in the City and is also working on updating the Comprehensive Plan. He explained
that the Commission will consider a recommendation to the City Council that it declare a
moratorium on development until the updates to the Comprehensive Plan are completed.
Nielsen reviewed the status of completed Chapters of the Comp Plan to date and submitted
a revised timetable for completion of the Comp Plan Update. The schedule, detailed in
Nielsen's memorandum dated July 14, 1994, projects that the updated Comp Plan would be
adopted in June 1995, subject to review by the Metropolitan Council. Nielsen outlined
procedures and a timetable for review and adoption of an ordinance declaring a moratorium
on development (detailed in Nielsen's memorandum dated July 15,1994). He indicated that
if the Commission recommends, at this meeting, that a moratorium be declared, the
Ordinance could become effective on September 21, 1994 following its appropriate review,
public hearing, adoption and official publication.
The Commissioners considered the merits of a development moratorium. Bean stated that
as the last significant properties are being considered for development, decisions become
more complicated and difficult. He stated that the Lundgren Bros. Inc. application for a
Comprehensive Plan amendment coming for consideration in the midst of work to update
.,.-"
PLANNING COMMISSION MINUTES
July 19, 1994 - PAGE 2
the Comprehensive Plan suggests that the process be slowed down: A. to adopt the right
Comprehensive Plan, and B. with an updated Plan in place, the Commission and the
Council will have better guidance as to how to assess the final developments and the impact
on the community.
Turgeon and Pisula concurred with Bean's assessment of the need to slow down the process.
Foust inquired whether the proposed Comp Plan review schedule is realistic. Nielsen stated
the schedule is achievable barring any significant re-writes following the public hearings.
Bean noted that discussion will be tabled on significant developments and the Commission
will be able to devote more meeting time to focus on the Comp Plan update. Malam
inquired how long the Metropolitan Council's review of the Plan may take. Nielsen replied
that he will obtain that information, noted the Met Council is currently considering the
affordable housing issue, and indicated that future legislative actions may affect its review
process.
Rosenberger reviewed the significance of the Comp Plan as the City's strategy for
completion of its growth. He stated the process provides the opportunity for input from the
public on issues including environment, schools, wetlands, reforestation, streets, parks, senior
housing, etc. Rosenberger stated that the City staff and the Commissioners work diligently
to evaluate development applications and emphasized that it behooves the residents to
participate in formation of the City's Comprehensive Plan through neighborhood meetings
and public hearings.
Bean moved, Borkon seconded to recommend to the Council that it adopt an interim
ordinance to protect the planning process by restricting subdivisions of land in Shorewood
which create three or more lots. The interim ordinance would last for one year or until the
Comprehensive Plan Update is completed and submitted to the Metropolitan Council,
whichever comes first. Motion passed 7/0.
The Council will consider the recommendation at its July 25, 1994 meeting.
2. PUBLIC HEARING - PRELIMINARY PLAT - SMITHTOWN MEADOWS (tabled
from July 5, 1994 meeting)
Applicant:
Location:
Abingdon Development Corp.
25655 Smithtown Roadl25725 Eureka Way
Rosenberger moved, Borkon seconded to table to August 9, 1994, consideration of the
application of Abingdon Development Corp. for Smith town Meadows preliminary plat, to
obtain direction from the Council. Motion passed 7/0.
PLANNING COMMISSION MINUTES
July 19, 1994 - PAGE 3
3. PUBLIC HEARING - FORMAL APPLICATION FOR COMPREHENSIVE PLAN
AMENDMENT (tabled from July 5, 1994 meeting)
Applicant:
Location:
Lundgren Bros. Inc.
76.5 acres north of Smith town Road west of Minnewashta
School
Rosenberger moved, Borkon seconded to table to August 9, 1994, consideration of Lundgren
Bros. Inc. application for a Comprehensive Plan amendment, to obtain direction from the
Council. Motion passed 7/0.
4. MA'ITERS FROM THE FLOOR
Mr. Mark Anderson, representing Lundgren Bros. Inc., inquired how the proposed
moratorium is being defined; i.e., where in the process is a development stopped. Nielsen
stated a project that has not received preliminary plat approval would be affected. A
resident inquired what the effect would be on a preliminary plat approved ten years ago.
Nielsen stated that preliminary plats must be completed within six months or an application
for extension must be made.
5. REPORTS
In the absence of Council Liaison Lewis, Commissioner Malam reviewed actions taken by
the Council at its July 11 meeting. Commissioner Foust inquired about the status of
installation of dry hydrants on the Islands. Nielsen explained that a change of ownership
has caused a delay in acquiring an easement for one of the locations; however completion
of the project is expected this summer. Nielsen reported on action taken regarding
construction violations.
6. ADJOURNMENT
Turgeon moved, Foust seconded to adjourn the meeting at 7:35 p.m. Motion passed 7/0.
RESPECTFULLYSUBMITTTED
Arlene H. Bergfalk
Recording Secretary
TimeSaver Off Site Secretarial