011193 CC Reg AgP
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CITY OF SHOREWOOD
REGULAR CITY COUNCIL MEETING
MONDAY, JANUARY 11, 1993
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
7:00 P.M.
ADMINISTER OATH OF OFFICE
HAYOR PRESENTATION OF CITY COUNCIL COHHITMENTS
(Attachment Commitment)
AGENDA
1. CONVENE CITY COUNCIL MEETING
A. Pledge of Allegiance
B.
Roll Call
stover
Daugherty
Lewis.
Mayor Brancel
Benson
C. Review Agenda
D. Shorewood Citizen Award - Tom Akins, 22570 Murray street
- by Police Chief Richard Young
2. APPROVAL OF MINUTES
A. Regular city Council Meeting - December 14, 1992
(Att.No.2A-Minutes)
B. Executive Session - December 14, 1992
(Att.No.2B-Minutes)
3 . CONSENT AGENDA - Motion to ADDrove Items on Consent Aqenda and
AdoDt Resolutions Therein
A. A Motion to Adopt a Resolution Establishing Council
policies and Making Appointments within the City of
Shorewood for the Year 1993
(Att.No.3A-Resolution)
B. A Motion to Adopt an Ordinance Relating to the Makeup of
the Park commission
(Att.No.3B-Proposed Ordinance)
C. A Motion to Adopt a Resolution Making Appointments to the
Park and Planning Commissions
(Att.No.3C-Resolution)
CITY COUNCIL AGENDA - MONDAY, JANUARY 11, 1993
PAGE TWO
3..
CONSENT AGENDA - Motion to ADD rove Items on Consent Aaenda and
Adoct Resolutions Therein - continued
"'.
D. A Motion to Adopt a Resolution for Records with Archival
Value for Transfer to the State Archives of the Minnesota
Historical society
(Att.No.3D-Resolution)
E. A Motion to Adopt a Resolution Approving Final Pay
Request and Accepting Project Construction - Old Market
Road
(Att.No.3E-Engineer's
Resolution, Final Pay
Order)
Memo, proposed
Request, Change
F.
A Motion to Adopt a Resolution Approving Change Order
No.1 Final Pay Request and Accepting project
Construction - Lift stations 7 & 11
(Att.No.3F-Engineer's Memo, Proposed
Resolution, Final Pay Request and Change
Order)
G. A Motion to Adopt a Resolution Approving a simple
Subdivision Reifenberger/Morford
(Att.No.3G-proposed Resolution)
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H. A Motion to Adopt a Resolution with Findings of Fact
Denying a Rezoning from R-1C/S (Single-Family
Residential/ Shoreland) to L-R/ S (Lakeshore-
Recreational/Shoreland) - Upper Lake Minnetonka Yacht
Club (Att.No.3H-proposed Resolution)
I. A Motion to Adopt a Resolution Denying Variances for
Upper Lake Minnetonka Yacht Club
(Att.No.3I-Proposed Resolution)
J. A Motion to Adopt a Resolution with Findings of Fact
Approving construction of a Church in a Residential
District and Deposit of Fill in Excess of 100 Cu.Yds.
(Att.No.3J-proposed Resolution)
4. PARK
A. Report on Park commission Meeting of January 5, 1993
B. A Resolution 'Authorizing Special Election for
Consideration of a Bond Referendum Issue Bond $900,000
for Park Improvements
(Att.No.4B-proposed Resolution)
C. A Resolution Authorizing the Consolidation of the Four
Precincts within the city of Shorewood - Park Referendum
(Att.No.4C-proposed Resolution)
5. PLANNING
A. Report on Planning Commission Meeting of January 5, 1993
B. A Brief Presentation on senior Housing - by John Arkell
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6:00 PM - CONFERENCE ROOM PLANNING COMMISSION INTERVIEWS
11-
PLEASE BE HERE BEFORE 6:00 PM SO THE COUNCIL CAN GET TOGETHER TO
MEET WITH THE FIRST CANDIDATE FOR THE PLANNING COMMISSION AT 6:00
p~' SHARP. REMEMBER YOU WILL NEED TO FIND A REPLACEMENT FOR BRUCE
A.."'iD JANET. THE POSITIONS OF DOUG MALAM AND JACK HANSEN ARE UP FOR
REAPPOINTMENT.
EXECUTIVE SU~~Y
SHOREWOOD CITY COUNCIL MEETING AGENDA
MONDAY, JANUARY 11, 1993
...
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BEFORE THE REGULAR CITY COUNCIL MEETING BEGINS THERE ARE TWO
SPECIAL ITEMS. FIRST NEWLY ELECTED REPRESENTATIVE TOM WORKMAN WILL
ATTEND TO ADMINISTER THE OATH OF OFFICE TO THE MAYOR AND
COUNCILPERSONS STOVER AND BENSON. TOM WILL JUST INTRODUCE HIMSELF
AND STATE HOW HE IS LOOKING FORWARD TO WORKING WITH THE COUNCIL ON
ISSUES OF MUTUAL CONCERN. THE SECOND ITEM IS THE MAYOR' S
PRESENTATION OF THE CITY COUNCIL COMMITMENTS.
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After convening the meeting and reviewing the agenda the Police
Chief will present an award to Tom Akins for assisting the Police
Department. In addition the Mayor will present a certificate of
recognition as an outstanding citizen to him. Hopefully this would
be acceptable, a resolution would have been NO.1-93, which would
have then taken the place of the appointment resolution as the
first of the year. So we prepared this certificate of recognition.
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AGENDA ITEM 3A - A final resolution of appointment can prepared and
handed out at the meeting when the names are provided by the Mayor.
AGENDA ITEM 3B - This simple ordinance would be required to allow
Gordon Lindstrom to be appointed as the eighth member of the Park
commission.
AGENDA ITEM 3C - This resolution makes appointments to the Park and
Planning commission. We can fill in the blanks after the Planning
commission interviews and the Council determines who shall be
appointed. Please note the chair and vice chairpersons listed on
the second page as recommended by the Commissions.
AGENDA ITEM 3D - This resolution is necessary in order to transfer
City records to the State Archives of the Minnesota Historical
Society. A list of the records to be transferred is Attachment A.
If there are questions or concerns please call Anne or myself
before the meeting.
AGENDA ITEM 3E - This resolution would accept a change order
increase of $12,509.22 making the final contract price
$1,073,269.70 for Hardrives, Inc. (Old Market Road project). The
resolution also approves the final pay request and accept the
project construction. The City still needs to work with the
Department of Transportation in closing the project. When that is
all done we will be able to prepare a final budget and final
project cost report for the City Council. If the material enclosed
in the packe raises any questions for you at this time please call
AI, Joel or iliyself before the meeting.
AGENDA ITEM 3F - This resolution accepts change order no.l and
accepts the work completed for the rehabilitation of lift stations
7 & 11. The contractor is Schmitz and Sons, Inc. The change order
is a net increase of $300.
AGENDA ITEM 3G - This is a resolution of findings of fact approving
a lot division and combination on Church Road. This resolution of
approval was directed to be prepared by the City Council.
AGENDA ITEM 3H & 3I - These resolutions were prepared by the City
Attorney directed by the City Council. They are findings of fact
denying the variance and rezoning request of the Upper Lake
Minnetonka Yacht Club.
AGENDA ITEM 3J - This resolution with findings of fact was directed
to be prepared by the City council approving a conditional use
permit for the building of Minnewashta Church.
AGENDA ITEM 4 - Steve Dzurak, Park Commission, will be present to
review the material in the packet. The park improvement package is
being proposed at '$900,000. This includes an additional $50,000
for playground equipment in our parks. Two separate resolutions
will be required. The first is drafted by the attorney and
includes the wording of the referendum question. The second is a
resolution combining the precincts so that all four precincts will
vote at City Hall for this special election. The bond issue being
proposed would be $900,000 to be paid over a 15 year period with
even debt service paYments. Charts are enclosed in the packet
which explain in detail about the proposed issue. It is important
that Council take action on these items at this meeting so that the
Commission schedule can be adhered to. The election is proposed to
be held on Tuesday, March 9.
AGENDA ITEM 5B - John Arkell has asked to be allowed to give a
brief presentation to the City Council. He is a Senior Housing
Developer who builds senior cottages. He is likely to ask if the
City Council would consider the use of Tax Increment Financing.
AGENDA ITEM 5C - This is an application for a CUP for deposit of
fill in excess of 100 cu.yds. Action here would be to direct staff
to prepare a resolution with findings of fact. The location is
26100 smithtown Road. It is an after the fact permit.
AGENDA ITEM 6 & 7 - These are two requests to have utility bill
penalties removed. They should be considered separately by the
Council on their merits. The Smith penalty is for $12.08; the
Roedel penalty is for $21.18. Both contend that they did not
receive their utility bill in the mail and should therefore not be
penalized. .
AGENDA ITEM 8 - The lowest responsible bidder which include a
complete job to correct the service bay exhaust problem in the
Public Works facility is Rouse Mechanical for $6,600. A motion
would be in order to accept this low responsible bid.
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AGENDA ITEM 9 - This motion simply approves the environmental
assessment worksheet (EAW) for publication only for the Gideon's
Woods P.U.D. The draft EAW will be sent to you under separate
cover.
AGENDA ITEM 10 - The enclosed letter from Mark Heieren, Knutson
Services, Inc. identif es proposed adjustments to our contract for
recycling. The new r-ates are consistent with the compromise
proposed to them after their original request. If the Council is
comfortable with these changes a motion could be offered to accept
them and to authorize execution of an amendment to our contract.
.
AGENDA ITEM 11 - This second draft of the proposed transient
merchant ordinance incorpo~ates two comments received from
Councilmembers since the last meeting. First, it defines, and
regulates garage sales; second, it refers transient merchants at
permanent locations to the zoning code which has separate
regulations. A further series of comments and questions are hand
written on this draft of the ordinance. A second ordinance is
being proposed to clarify the parks ordinance. This clarification
c!"dinance makes the parks ordinance more consistent with the
definations in the transient merchants ordinance.
AGENDA ITEM 12 - Tim Keane has prepared a memorandum identifying
issues in consideration of this resolution which would approve an
amendment to the PUD Agreement for Water ford Phase III. It
basically relates to the timing of development. Please refer to
the memo and resolution for detail. .
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AGENDA ITEM 13 - This draft letter to Mr. Louis Clark would result
in a monthly paYment of $30,795.67. This figure was determined by
adjusting flow rates by 3% for real growth and the metro billing
rate at 3% for inflation. This results in an lower monthly paYment
than in 1992 because the final cost allocation adjustment is not
being included in our calculations. In good faith the City should
recognize a reasonable adjustment for 1993 following our officially
contesting the rate in 1992.
AGENDA ITEM 15B - Earlier the council had asked the engineer to
prepare preliminary plans for Lake Linden Drive. After the Council
looks at the plans and indicates an interest to proceed we can then
prepare an early information meeting for residents along Lake
Linden Drive. This is just a first look at it for the City
Council.
AGENDA ITEM 15E - 1 - The Police Department report on Excelsior
Boulevard traffic is enclosed. However, my report is not completed
because the engineer has not been able to get complete traffic
counts at this point. When the engineering report is done we will
return to the Council with a full report.
AGENDA ITEM 15E- 2 - I have enclosed a copy of a memorandum I did
for the City Council last month with a proposal for certain Council
members to be designated liaison to work with the Planning
Commission liaison in the various elements of the comprehensive
plan review. In addition each member of the Council could work
with staff on an element on the Capital Improvement Program. This
is intended to keep the Council intricately involved in these
processes yet minimize the number of meetings that are necessary
for all Council members to attend. This is on the agenda for
discussion only.
Following the regular portion of the agenda Council will adjourn to
Executive Session regarding the City Administrator's evaluation.
Should the Council meeting get too late the Council might want to
consider a special meeting for this matter.
We need to confirm a date for the 1993 Board of Review.
Hennepin County assigns the
Monday, May 10, 1993. This
Council meeting. Suggestion:
in the City Council Chambers.
We must respond to Hennepin County by January 15, 1993.
cities dates and we were assigned
is the evening of our regular City
Wednesday, May 12, 1993 at 7:00 pm
JCH.al
1/7/93
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SHOREWOOD CITY CI)UNCILMEMBER COMMITMENTS
I, as a member ot the Short:awood City council, recognizing the
important responsibility I ml undertaking serving as a member of
the City Council of the City of Shorewood, hereby personally pledge
to carry out in a trustworthy and diligent manner all the duties
and obligations inherent in my role as Councilmember.
MY ROLE
I acknowledge that my primary role as a councilmember is (1) to
contribute to the defining of Shorewoods mission and governing the
fulfillment of that mission, and (2) to carry out the functions of
the office of City Councilmember.
.
My role as Councilmember will focus on the development of broad
policies that govern the implementation of institutional plans and
purposes. This role is separate and distinct from the role of the
Administrator to whom is delegated the determining of the means of
implementation.
MY COMMITMENT
As a member of the City council I will:
1. Represent the interest of all people served by the City, and
not favor special interest inside or outside of this public
organization.
2 . Not use my service on this Council for my own personal
advantage ~r for the advantage of my friends or supporters.
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3.
Keep confidential information confidential.
Approach all Council issues with an open mind. Prepare to
make the best decisions for everyone involved.
5. Do nothing to violate the trust in those who elected me or to
the Councilor to those we serve.
4.
6. Focus my efforts on the mission of the City and not on my
personal goals.
7. Never exercise authority as a Councilmember except when acting
in a meeting with the full Councilor as I am delegated by the
Council.
8. Establish as a high priority my attendance at all meetings of
the Council and Commissions on which I serve.
9. Come prepared to contribute to the discussion of issues and
business to be addressed at scheduled meetings, having read
the agenda and all background support material relevant to the
meeting.
10. Represent Shorewood in a positive and supportative manner at
all times and all places.
11. Observe the pariiamentary procedures outlined in Roberts Rules
o~ Order and display courteous conduct at all meetings.
12. Re~rain from intruding in administrative issues that are the
responsibility o~ management, except to monitor the results of
actions taken. .
13. Avoid conflict of interest between my position as a
Councilmember and my professional life by carefully complying
with the Citys Code of Ethics (section 105.04). If such a
conflict does arise, I will declare that conflict before the
Council, and refrain from voting on matters of which I have a
conflict.
14. Support in a positive manner all actions taken by the city ~
council even when I am in a minority position on such actions.
15. Agree to serve as a liaison on a least one commission and an
affiliated organization. As a council liaison I will:
eAttend all meetings.
eMake reports of all meetings to the City council at their
next regularly scheduled meeting.
16. participate in an annual strategic planing session, Council
self-evaluation programs, and whenever possible attend council
development workshops, seminars, and other educational events
that enhance my skills as a councilmember.
.
DATED:
(signature)
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South lake Minnetonka Public Safety Department
810 EXCELSIOR BOULEVARD
EXCELSIOR, MINNESOTA 55331-1913
RICHARD A. YOUNG
Chief of Police
(612) 474-3261
FAX (612) 474-4477
December 21, 1992
Mr. Tom E. Akins
22570 Murray Street
Shorewood, MN 55331
Dear Mr. Akins:
.
This letter concerns our previous phone conversations about your
involvement in foiling a kidnapping on November 14, 1992.
The South Lake Minnetonka Public Safety Department would like to
present you with a Citizen Appreciation Award. The presentation
will be made at the Shorewood City Council Meeting on January 11,
1993. The presenter will be Chief Richard Young and the ceremony
will start promptly at 7:00 p.m. at the Shorewood City Hall.
Please feel free to invite family and friends to this special
occasion.
Unfortunately, I will not be able to attend the presentation due
to a prior commitment. Nevertheless, I commend your willingness
to assist a stranger in distress, even at risk of personal injury
to yourself.
.
Please give me a call if you have any questions re.garding this
matter. Have a wonderful Holiday Season!
Sfj;rP{
Bryan T. Litsey
Sergeant
copy to: Chief Richard Young, SLMPSD
Anne Latter, City of Shorewood
Serving South Lake Minnetonka Communities of Excelsior, Greenwood, Shorewood and Tonka Bay
SUUfH LHK~ M1NN~iUNKH
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ExceI&lorlSl'lOI'eWOOd Sun.S&iIot-wed.. Nov. 25. 1GG2-ZlA
.
T~! AkJnst of Sborewood, relaxed with his wifct Joan, a few days after he helpd police arrest a man who
allegedly threatened to kill a Chanhassen woman- (Photo by John Mu~ford)
A heroic deed it was indeed
.
By John Mugford
~verybody wonders how they
would react in dangerous
situations.
"Would I be a hero or would I
panic? It is a common question.
Tom Akins, a Shorewood resi-
dent who police credit with the
apprehension of a man threaten- .
ing to kill his former girlfriend,
calls what he did "no big deal."
A sporting-goods sales
representative, Akins tackled
t.b~ ~an as he chased a 2(}-year-
o1~ Chanhassen woman in the
Paiidng lot of Norwest Bank in
downtown Excelsior the after-
noon of Nov. 14.
".1 was surprised I did il," said
Akiiis, 41. "All I was thinking
about was giving the woman
enough time to get away. I used
som~ of my good old Army
training on him, grabbing him in
a few vit3) places. like the eyes,
and ears and crotch."
The man Akins tackJed, David
I..ee Williams, 20. of Davenport,
Iowa; has been charged on three
felony counts: kidnapping, false
imprisonment, and terroristic
threats. He is in jail waiting for
a court hearing.
"1 guess you just don't think in
those situations," Akins said.
"You just do it instinctively.
Whcn I think of heroic actions, I
think of someUting you'd do
even though you had time to
think about the situation and
knew there was danger. That'S
what a hero does."
His wife, ,Joan, who witnessed
her husband tackle the man and
subsequently take several blows
to the head and face, said
othCl"\\'ise.
So did office~ of the South
Lake Mirmetonka Public safety
Department (SLMPSD). The
department plans to present
Akins with its Citizen's Ap-
preciation Award in coming
weeks.
"I think it was a very brave
thing to do," Joan Akins said.
"I'vc been thinking it's either
the bravest thing I've ever seen,
or tile stupidest. But I suppose
the two of those sometimes
come together."
Sgt. Brian Litsey of the
SLMPSD said: "What he did
allowed her to get away and
have time to call us. Il's nice to
see tiUlt in this day and age."
Joan Akins said the action was
in characler for her husband, a
hockey player and fitness buft
She referred to a fire in recent
years at the house and garage of
their next-<ioor neighbor on
MUITay Street on Galpin Lake.
As the story goes, Akins got up
on the roof of the neighbor's
garage with a garden hose and
was getting the fire under con-
trol when firefighters arrived.
"That's an indication of what
he's like," said his \\ife. "Our
neighbor said he saved his
garage. He'll get right in there.
But nothing like this situation
has ever come up before. I was
surprised, and I guess really
proud of him."
Akins waS badly bloodied
after wrestling with Williams.
But a visit to the doctor proved
his nose wasn't broken. He said
he did suffer a few bumps and
bruises and a sore shoulder.
"When he r.aImed down and
we got up. I told him he was
pretty tough," Akins said. "He's
about my height, &-fcet. but a bit
skinnier. He said it was because
he was mad. I'm just glad I
could help her get away, that's
all."
_.__ _..... -..::.._ "_.'oJ'_"" .".....,.
EXCELSIOR ·
un'
SHOREWOOD
.
alor
. November 25., 1992
.
orewood man foils apparent kidnapping
'a man is charged with
:atening former girlfriend
Mugford
~ks ago, witnesses saw
rcar-old Chanhassen'
flailing her arms,
I~, and trying to get out
driven by her former
J. They knew she was in
lan driving the car,
..ee Williams, 20. of
rt, Iowa, has been
""ith three felonies: kid-
false imprisorunent,
orisUc threats. As of
Ie was in jail awaiting a
Iring.
arc crediting the ap-
>n of Williams to
41-year-i>ld Tom Akins of
Shorewood, who tackled
Williams as he chased the
Chanhassen woman on foot in
the parking lot at NOl'wcst Bank
in Excelsior.
Polic~ intend to present Akins,
a sportmg-goods sales represen-
tative who works out of his home
on Galpin Lake,. willi their
highest honor for citizen involve-
ment, the Citizen's Apprecia!ion
Award, said Sgt. Brian Litsey of
the South Lake Minnctonka
Public Safety Department
(SLMPSD).
According to the felony com-
plaint filed in Hennepin County
District Court, Williams was
waiting in his car for the
(.'hallhassen woman when she
arrived home the afternoon of
Nov. 14. .
Williams asked her to get into
his car, a brown Chevrolet, to
talk about their daughter, who'
was living with the woman in
Chanhassen. Reluctantly, the
woman got in ilie car, and
Williams drove off. saying he
would take her home shortly, ac.
cording to the complai.nt.
But as they drovc, according
to police reports, Williams usk.
ed the woman if she would gel
back together with him. When
she said she would not. Williams
be<-.ame angry and talked of kid-
napping their daughter. Hc also
talked of driving the two of them
inlo a light pole.
As Williams drove on
Highway 7 toward Excelsior.
Shorewood man
shuns · hero' tag
- Story on page 23
the woman opened the door and
tried to get out.. But Williams
held her arm as she screamed
and tried to get away.
At the same time. Akins was
in his van with his wife, Joan.
and their three children. Kelly
Akins, 9. was to play in a music
recital at Ridgedale Shopping
Center, and Tom Akins was
wailing to turn onto Highway 7
from Galpin Road.
"When we saw the woman's
face in the car, we knew she was
.
CHARGES: To page 22A
,-':f"
....'-1\.1 I II l-nl'~ 11.1'11'11.... << "II
I ~L- i.tt~. ...... _ _ ~ I....,. '"1'""1' I I
~''''''''' .;;....., ....'_ _',..' .__~' 1'11..1 .V~J_ t .V_'
.
.
Vol 11, No. 14 - November 25,'1992
Area Police ReQorts
Compiled by Arden Harrison
November-25; 1992' WEEKLY NEWS. 3
Suspect arrested in
kidnapping incident
David Lee Williams, 20, of Pavenport,
Iowa, was arrested Nov.17 by South Lakc
police ofLicers and later charged with one
count each of kidnapping and false im-
prisonment, as \yell al>: t.erroristicthrcats.
According to police rcport.l>:, th~ su::;-
peet refused to relea:;e a :W-ycal'"old
Chanhassenfemale from his vehicle, and
threatened to )"Un the autu luto a pole
and kill himselt and the victim. Subse-
quently, the victim either ft:'U or jumped
out of the vehicle. in the Norwe!>t. Bank
parking lot in Excel:.:ior, at Water and
George streets.
Tom Akins of Shorewood suspected
the victim was in trouble when he saw the
suspect vehicle leaving Ch<lnhal:i:;~n at
about 2:30 p.rn. Akins reportedly inter-
cepted the suspect and was atl.acked be-
fore police arrived at thtl ~ ccnc. Williams
was arrested and taken tu Ht'nnl;pm
County Jail
Hail has b('Cll ::iN at 550,000 and Wil-
liams remains in custody.
Dee 21,92 10:29 No.OOl P.04
JUTA LAKE MINNETONKA TEL No.612-474-4477
.EJcl?8Isiof~hOr8WOOd Sun-Sallor-Wed., Nov. is, 1992
~harges
1 ~e lA
rouble," said Joan Akins.
it could be a situation where
don't know the background
'hat's going on. But we saw
hanging out of the car door.
mew she was in danger."
tins followed the car into
Excelsior, where williams
drove into the parking lot at
Norwest Bank on Water Street.
Akins positioned his van so
Williams could not .drive out of
the lot. But Williams tried to
drive over a concrete median.
As he did so, the woman fell
out of the car - later it was
learned she suffered a broken
finger - and started running
toward businesses on Water.
Street. williams got out or the
car and ran after her.
Joan Akins shouted ather hus-
band to stay in the car. But Tom
Akins ran Williams down, tackl.
ing him from behind.
t :
; "
r
pIe of them called 911. The
Chanhasscn woman ran to a
business on Water Street and
also called police.
Meanwhile, Akin.~ and
Williams came to an impasse.
They got up and shook hands.
But a short time later when
police apprehended Williams in
the parking lot, he became
violent in resisting arrest, ac.
cording to reports.
police later It!tirncd that
Williams and the woman
formerly lived together in Iowa.
Their daughter is 2 years old.
Litsey said that Williams had
also threatened to drive a car in.
to a pole during an argument the
two had when they were in Iowa.
"We think this incident
reflects that people are willing
to help out when they see people
are in trouble, It Litsey said.
"Several people called 911, and
that's all we can ask for. There's;
a lot of negative press out Ulere '
about people not willing to get
involved. But this proves Ulat
some people will help out."
If found guilty, Williams could
face up to 40 years in prilson,
and/or a $5O,OOJ fine, for the kid.
napping charge. The uUler
charges also carry possible
prison sentences and a Cine of up
to $5.000.
WillIams punched Akins in the
head and face several times -
Akins' -written statement to
police is stained with dried
blood. "It was just a bloody
nose; it looked worse than it
really was," he said.
Several people witnessed the
scene in the parking lot; a co.
.
CITY OF SHOREWOOD
REGUlAR CITY COUNCIL MEETING
MONDAY, DECEMBER 14, 1992
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
7:00 P.M.
MINUTES
1. CAlL TO ORDER
. The meeting was called to order by Mayor Brancel at 7:12-p.m.
PLEDGE OF ALLEGIANCE
A ROLL CAlL
Present:
Mayor Brancel; Councilmembers Daugherty, Gagne, Lewis and Stover;
Administrator Hurm, Engineer Dresel, Attorney Keane, Planner Nielsen and
Finance Director Rolek.
B. REVIEW AGENDA
.
Daugherty moved, Gagne seconded to approve the Agenda for December 14, 1992, as
amended, with items 6.B. and 6.C. be considered in reverse order; an addition to agenda
item 13.e. Planner's Report: 2. Consider a joint road maintenance service agreement -
Cedar Ridge; and deletion of item 1. on the Executive Session agenda.
Motion passed 5/0.
2. APPROVAL OF MINUTES
Gagne moved, Daugherty seconded to approve the November 30, 1992 Council meeting
minutes as amended: deletions on page 6, paragraph 5, line 1: "In response to Daugherty's
question," and paragraph 7, line 5: "In response to Daugherty's question,"; and on page 14,
paragraph 3 under 12. B. be corrected to read: "Stover asked whether a traffic count on Old
Excelsior Boulevard has been completed and why so many new traffic signs are being
erected. Dresel stated that due to malfunctioning equipment a traffic count on Old
Excelsior Boulevard has not yet been conducted and that conformance signage is being
erected by Hennepin County as required. Stover reported that residents are complaining
about the proliferation of signage."
Motion passed 5/0.
:LA
REGUlAR CITY COUNCIL MINUTES
DECEMBER 14, 1992 - PAGE 2
3. CONSENT AGENDA
Mayor Brancel read the Consent Agenda for December 14, 1992.
Gagne moved, Daugherty seconded to approve the Consent Agenda and to adopt the
Resolutions therein:
A RESOLUTION NO. 120-92 "A Resolution Approving Refuse Collector's License-
1993."
B. RESOLUTION NO. 121-92 "A Resolution Denying a Variance for Two Docks on
One Parcel of Land." (Dorothy M. Smith, 27940 Smithtown Road)
C.
RESOLUTION NO. 122-92 "A Resolution Approving Subdivision of Real Property."
(Douglas I. Shou~ 6130 Cathcart Drive)
.
D. RESOLUTION NO. 123-92 "A Resolution Authorizing the Transfer of Funds."
Motion passed 5/0.
5. PARK - Report on December 8, 1992 Park Commission Meeting - None.
Hurm reported that Park Commission meetings are scheduled for January 5 and 12, 1993.
6. PI.ANNING
A Report on Planning Commission Meeting of December 1, 1992
Planning Commissioner Malam reviewed actions taken and recommendations made to the .
Council at the Commission's meetings on November 17 and December 1, 1992.
By a 4/3 vote, the Commission recommended approval of the amendment to rezone from
Single-Family Residential/Shoreland to Lakeshore- RecreationaljShoreland requested by the
Upper Lake Minnetonka Yacht Club and to amend the Lakeshore-Recreational District
Requirements of the Shorewood City Code. Malam conveyed the views of the
Commissioners who voted against the recommendations. Although the dissenting
Commissioners agreed that the yacht club is a benefit to Shorewood and to the area in
general and supported the club's desire to improve its facilities; they indicated, however,
that primarily the addition of the striped and paved parking lot and to a lesser degree the
widening of the road (both required under the zoning) would create an adverse impact on
the neighborhood. Further, while recognizing the differences between a yacht club and a
commercial marina, those Commissioners felt that an amendment to the Code to increase
the number of slips was inappropriate in that it is specifically designed to accommodate one
club.
2
REGUlAR CITY COUNCIL MINUTES
DECEMBER 14, 1992 - PAGE 3
Malam also reported the Commissioners: unanimously voted to recommend approval of the
application of Minnewashta Church, Vanman Construction, for a C.U.P. for construction of
a church in a residential district and the deposit of fill in excess of 100 cubic yards, subject
to the staffs recommendations; unanimously voted to recommend approval of the
amendment to the City Code providing for medical caretakers under age 62 in Shorewood's
elderly housing; and unanimously voted to recommend approval of a concept stage C.U.P. .
for Gideon's Woods P.U.D., Katter Development Corporation, subject to the staffs
recommendations.
C. Amendment to Rezone from R-1CjS (Single-Family ResidentiaIjShoreland)
to L- RjS (Lakeshore- Recreational/Shoreland) (tabled from 11-30-92 meeting)
.
Applicant:
Location:
Upper Lake Minnetonka Yacht Club
4580 Enchanted Point
Nielsen briefly noted that the Council must address both re-zoning and variances related to
this Application and indicated that the applicant has made modifications to it's original site
plan.
Brancel noted that this item was tabled at the November 30 meeting. She noted that the
Applicant had requested a 30-day extension; however the Council agreed to consider and
take action on the application at this meeting.
.
Daugherty reported that he has received considerable public input regarding this matter.
He stated that the majority view was that the yacht club, in its present state and under the
current permits which allow it to exist, is operating under its proper use. The neighborhood
likes the club the way it is and does not favor the proposed improvements. Daugherty
indicated his support of the residents' majority view, and suggested that perhaps the club
could have approached the neighborhood early in the process to gain its support.
Lewis stated that the club's efforts to solicit the help of the neighborhood appear to have
been stymied. He stated that the club as it currently exists certainly needs to be improved.
Lewis indicated the main issue facing the Council was that of the yacht club not being able
to improve its facilities. He stated that circumstances change notwithstanding the
agreements that may have made in the early 1970s and expressed support of the proposed
improvements as being appropriate. As to the zoning, Lewis stated that clarification should
be made of the distinctions between a private sailing club and a commercial operation.
Gagne stated that the Islands are a unique part of Shorewood, special to the community,
that the current operations and position of the yacht club are understood by the residents
and that a black topped road, a parking lot and a building would adversely detract from the
existing quality of the Islands.
3
REGUIAR CITY COUNCIL MINUTES
DECEMBER 14,1992 - PAGE 4
Gagne moved, Daugherty seconded to direct the staff to prepare a findings of fact resolution
to deny the application variances and to rezone fro~ R-1C/S to L-R/S of the Lake
Minnetonka Yacht Club, 4580 Enchanted Point.
Stover stated that the yacht club has functioned effectively and efficiently since it has been
there, demonstrated by the number of persons who have benefitted from its services and
that there appears to be no disadvantage for the club to continue its current level of
operations.
Lewis stated the intent is to enhance the ability of the members and residents to use the
property.
Brancel stated that over the years the Club has operated as a conditional use of the property
and the proposal could increase activity. She noted that if the location of the club were not .
so close to residential properties, the proposed improvements would be more feasible.
Motion passed 4/1. Lewis voted nay.
Formal action on the Resolution will be taken at the Council's January 11, 1993 meeting.
B. Amendment to the L- R, Lakeshore- Recreational District Requirements of the
Shorewood City Code (tabled from 11-30-92 meeting)
Stover stated that this amendment is proposed to adjust the number of slips allowed for the
Upper Lake Minnetonka Yacht Club if it was approved in the L- R zone. Currently the
Yacht Club is grandfathered as a conditional use under the R-1C/S (residential) zoning.
Since the rezoning was not approved, an amendment to the Code is not necessary to
accommodate the yacht club. Stover pointed out that a rezoning change could have affected ..
another yacht club in that it could increase the number of slips it would be allowed.
Nielsen clarified that this amendment would allow the yacht club to have 25 slips, five fewer
than it currently has in place.
Stover moved, Gagne seconded to deny approval of an amendment to the L-R, Lakeshore-
Recreational District Requirements of the Shorewood City Code.
Motion passed 4/1. Lewis voted nay.
Mr. J. Owen Nelson, attorney representing the Lake Minnetonka Yacht Club, thanked the
Council for its consideration of the matter. Nelson then served a Summons and Complaint
action on the Council members.
4
REGUlAR CITY COUNCIL MINUTES
DECEMBER 14,1992 - PAGE 5
D. Consideration of a C.U.P. for Construction of a Church in a Residential
District, and Deposit of Fill in Excess of 100 Cubic Yards - Minnewashta
Church, 26715 West 62nd Street
Nielsen noted that the applicant, represented by Vanman Construction, has been very
cooperative in terms of submitting information requested by the staff and the Planning
Commission and has completed all the modifications necessary to its plans addressing issues
raised, particul~rly with reference to the drainage on the site. The staff recommended
approval of the conditional use permit.
.
Stover moved, Lewis seconded to direct the staff to prepare a findings of fact Resolution
approving a C.U.P. for construction of a church in a residential district, and deposit of fill
in excess of 100 cubic yards for Minnewashta Church, 16715 West 62nd Street.
Motion passed 5/0.
E. Consider an Amendment to Section 1201.03 Subd. 20 (Elderly Housing) of the
Shorewood City Code Providing for Live-in Care-Providers Under Age 62
Gagne noted that a developer is currently constructing a complex strictly for seniors age 62
and older and this amendment will allow a live-in care-provider under the age of 62 in such
developments. The amendment is intended to provide a legal basis for a complaint process
should abuses of regulations arise.
Gagne moved, Lewis seconded to approve Ordinance No. 262 "Amending Chapter 1201 of
the Shorewood City Code Relating to Zoning Regulations."
. Motion passed 5/0/.
F. Consider a Motion to Adopt a Resolution Granting a C.U.P. - Gideon's
Woods P.D.D. (Concept Stage). Discuss Environmental Assessment
Worksheet (EA W) - Katter Development Corporation, 24590 Glen Road
(tabled from 11/20/92 meeting)
Nielsen indicated that the developer proposes to revise the concept plan to address the
concern of the neighborhood with respect to the Gideon building, the homestead itself. He
has proposed to leave the building on the site and move it to the south west comer to be
the first house on Glen Road, build a carriage house type apartment to qualify it under the
R-C zoning, and hoped this would eliminate the need for an EA W. However, the
Environmental Quality Board and the State Historical Society, ruled that moving of the
building will necessitate an EA W. The EA W matter will come back to the Council at its
January 11, 1993 meeting. Nielsen pointed out that the proposed revision of the site plan
is a good solution to preserve and maintain the historical building even though the historical
society has indicated that it is not the building but the site and property that is of
significance. The neighbors were interested in not having the building destroyed and a move
5
REGUlAR CITY COUNCIL MINUTES
DECEMBER 14, 1992 - PAGE 6
of the building will make it more visible to the public, although not accessible to the public
unless it is purchased by the public. Nielsen pointed out that the proposed findings of fact
resolution does indicate that approval, if given, is subject to the necessary environmental
review (EAW).
Laura Turgeon, 24670 Amlee Road: There is a question in the historical site survey done
which is a debatable issue, number 19 on the surveyor's additional comments. There is a
comment that the house has been modified greatly and no longer possesses integrity. This
is a debatable issue. The addition was put on by. Peter Gideon. The house, with its
addition, as it stands now is what was listed on the national register. So I am debating that
clause with the historical society. The surveyor who did this is an architectural historian and
is looking at it from that point of view and did not get it accurate as to when the addition
was constructed.
Fred Katter, Katter Development Corporation, stated this has been reviewed thoroughly
with the historical society including the file and report developed when it was first applied
for listing in the summer of 1974, along with photographs. Photographs taken of the building
as it stands today show that the original survey is correct in that the building no longer has
its original integrity. Since 1974, according to Katter, a garage, deck, screened porch have
been added, a large portico has been modified, all the windows, siding and roof have been
changed. Because of these dramatic changes, Katter stated there remains no historical
preservation of what the house was in 1974 or before. In addition, Katter pointed out that
a representative of the historical society has never visited the property and that a number
of houses have been built since 1974, without EA Ws, within what the society considers the
historical site. The Corporation is attempting to negotiate a reversal of the society's position
to the extent of legal action. Katter described the locations of the homes built since 1974.
George Harrison, 24710 Amlee Road: My house was built in 1976 with MHFA funds on
the property that Mr. Katter is referring to. Katter has not demonstrated an ability to
handle the excess water run-off from this property when he brings it up to a questionable
30% hard cover surface, he has it directed to my back yard which he has designated as a
wetland area. I agree that part of my property is a swamp and we let the kids skate on it.
This has flooded in the past. Mr. Katter's plans show he would excavate an extremely large
hole along side County Road 19 and the existing trail, his northern property line, where he
would have a holding pond adjacent to County Road 19 which would empty into what he
refers to as a ditch running west along the northern property line, currently on the state
trail. I believe there is an ordinance in this City that he is required to prove that he is not
going to damage other people's property by having water run on it. I would like this be
looked into. As far as Mr. Katter concluding that my house was built on what was
designated as historical grounds is absolutely absurd. I am well west of two houses that back
up to his property. Four houses were built in 1976-77, next to each other. This man is, I
believe, reaching for every attempt to make this thing go. I think we should look carefully
at the historical value and density he has planned and look carefully at the hard-cover
surface and the watershed.
6
.
.
REGUlAR CITY COUNCIL MINUTES
DECEMBER 14, 1992 - PAGE 7
Dresel reminded the Council that this is a concept stage development request and detailed
calculations will be required to showing that the developer is not allowing a rate of
discharge that is higher than currently is there.
Gagne asked what happens and who is responsible if problems with drainage arise in the
future. Dresel indicated that the watershed district will require the developer to provide
discharge rates that would accommodate extreme conditions that is half or less than what
currently exists. Keane stated that the standards of the City and the watershed district
limiting the discharge rates establish protection to the neighboring residents. The
development agreement provides security and there are legal remedies beyond that.
.
Katter stated that the calculations available clearly show the proposed pond would more
than accommodate extreme conditions (very heavy rainfall for 8 minutes). Katter reaffirmed
the position of the Corporation of not only over-sizing the pond so it handles extreme .
conditions, but also to enhance the infrastructure of the neighborhood by relieving some of
the existing water retention problems over and above that associated with its project. The
development, Katter noted, will be reduced by one building and there will be 25 %
impervious cover on the site. Katter indicated the development will upgrade the historical
quality of the site as well as provide quality twin homes.
Stover questioned whether the entire area is part of a previously approved drainage plan.
Dresel stated there is an overall plan developed by the watershed district, but that this
development does not fall in that particular plan. Dresel described the natural water run-off
surrounding this site and the requirements and plan for accommodating drainage.
Mr. Harrison referred to the developer's plan regarding limiting the removal of trees of a
specified size and indicated that over-sizing of the pond will result in clear-cutting of a
significant number of trees.
.
Nielsen stated that the Planning Commission required the developer to submit a tree
inventory from which it would be determined which trees would be cut and which preserved
based on the preservation plan and that a landscape plan would enhance and augment that
plan. More details to those plans will be required for the developmental stage.
Gagne asked for clarification of the location of the pond. Nielsen stated it will be located
in the 40' outlot. Brancel asked whether the run-off will be going into Tonka Bay since it
is running along the railroad right of way. Nielsen stated the water will be running to the
west before it goes into Tonka Bay.
M. Harrison stated that right of way is not maintained. He has.shoveled out the over-grown
culvert to attempt to provide better drainage. He stated this is not a well maintained area
for what is proposed to be added to it.
Nielsen stated that Public Works will be requested to review the culvert referred to by Mr.
Harrison. .
7
REGULAR CITY COUNCIL MINUTES
DECEMBER 14,1992 - PAGE 8
Lewis stated that a number of conditions have been attached to this application as a result
of the Planning Commission's review of the application. He pointed out that the Council
is considering a concept stage P.U.D. and additional conditions may be added by the
Council, the City staff and/or the watershed district as the application continues through the
development stage process.
Gagne moved, Lewis seconded to adopt RESOLUTION NO. 125-92 "A Resolution
Approving the Concept Plan for Gideon's Woods P.UD.," subject to the staffs
recommendations and to the findings of the Environmental Assessment Worksheet (EA W).
Motion passed 5/0.
The Council agreed that it was appropriate for the developer to move forward with the
development stage process, but informed the developer that the Council may not take final .
action on that stage until the EA W process is completed.
7. CONSIDER A RESOLUTION ESTABliSHING A RATE OF THE CITY'S
CONTRIBUTION TOWARD THE MONTHLY INSURANCE PREMIUM FOR
CITY EMPLOYEES (tabled from 11/30/92 meeting)
Daugherty stated that based on the approved salary increases for staff, it appears that the
increase adequately compensates for increased employee insurance costs and therefore an
additional increase in the City's contribution toward the insurance premium is not justified.
Lewis asked for clarification of LOGIS. Rolek explained that it is a consortium that
provides insurance coverage comparable to that of other groups.
Stover indicated support of the resolution since the money has already been approved in the .
1993 budget and is rather minimal in relationship to the esprit de corp on the part of the
City staff. Many of the City staff will be receiving this additional contribution and it is
appropriate that all the staff receive it. .
Brancel agreed that after review of the matter, noting that the increase is included in the
Public Works contract, it appears appropriate and fair that all employees receive this
Increase.
Lewis referred to the wide range of insurance contributions of other cities in the Metro
area. Rolek noted that based on 1992 data Shorewood's contribution is slightly below that
of the average contribution of cities under 10,000 population in the Metro area and below
the average for Lake communities.
Lewis agreed that with a union contract in place with the higher contribution, it is important
to maintain consistency for all employees.
Gagne indicated support of the increase but expressed the view that the contribution should
8
REGUlAR CITY COUNCIL MINUTES
DECEMBER 14, 1992 - PAGE 9
be frozen at this level and any future insurance cost increases be passed to the employees
to reflect the practice of other employers.
Lewis moved, Gagne seconded to adopt RESOLUTION NO. 125-92 "A Resolution
Establishing a Rate of the City's Contribution Toward the Monthly Insurance Premium for
City Employees."
Motion passed 4/1. Daugherty voted nay.
8. CONSIDER A CHANGE ORDER - EXHAUST SYSTEM FOR THE PUBliC
WORKS FACll.ITY
.
Hurm noted that two problems have been identified related to the exhaust systems in the
new Public Works facility. One issue is related to the design and will be dealt with in the
future. Quotes on work to be addressed immediately relate to ventilation in the service bay
areas which is not functioning as anticipated. He noted the cost of improvements, estimated
to be about $6,600, are the financial responsibility of the City and funds are available
because it appears the project will be about $70,000 under budget. Hurm requested
authorization to accept a bid of not more than $6,600 to make the improvements. With
respect to the other problem, Hurm noted that the design considerations were not originally
considered adequately. Keane indicated that it appears there is a disparity between the
expectations and what was actually installed.
Daugherty moved, Gagne seconded to authorize an expenditure, not to exceed $6,600, for
expeditiously improving ventilation in the Public Works facility.
Motion passed 5/0.
.
9.
CONSIDER AMENDMENTS TO THE SHOREWOOD CODE BOOK -
MUNICIPAL FEE SCHEDULE ORDINANCE 250-92
Rolek stated this Ordinance will amend the section of the Code which groups all the City's
fees and charges. He highlighted the key changes which include changes in fees for utilities-
water and sewer.
Gagne and Lewis stated they do not want to pass the increased 1993 sewer charges to the
residents and would prefer that it remain a debt owed to the MWCC.
Stover supported the collection of the increased sewer amount to be held in a special fund
and suggested that if the City is successful in it's challenge of the MWCC rates, that money
be rebated back to the residents. However, she pointed out, if the challenge is unsuccessful
and the increase must be paid, residents would be faced with a much larger increase in
subsequent years placing undue hardship if not collected when due and payable.
Gagne stated the proposed increase is taxation without representation. Lewis reminded the
9
REGUlAR CITY COUNCIL MINUTES
DECEMBER 14, 1992 - PAGE 10
Council that the Attorney has been charged with aggressively pursing legal action against
the increase.
Daugherty indicated that it is the contention of the Attorney that the best way to insure the
taxation without representation issue is not to pass on the increase and pressure MWCC to
find a way to collect it. Lewis understood that the City would not collect it and if in fact
the increase was allowed, the MWCC would be required to collect the difference between
what will be paid and that which is outstanding.
Stover reiterated that it would be prudent for the City to collect the increase from the
residents. Brancel stated that it appears, however, that the majority of the Council agrees
not to pass the increased cost to Shorewood residents. '
Keane reviewed the intended procedure for handling this issue. He stated that the MWCC .
will be advised that the increase in charges will not be passed to the residents. Keane
outlined the mechanism available to MWCC under State Statute for collecting the increase.
MWCC will likely ask the County Auditor to certify the difference in those charges against
the properties within the City of Shorewood; in effect a prorated surcharge/surtax would be
levied against each household. Keane clarified that it would neither enhance nor jeopardize
the City's position if the increase were collected by the City and held in escrow.
Rolek indicated the 1992 sewer rate will be inserted in the proposed Ordinance to reflect
the decision of the Council not to pass the 1993 sewer increase to residents. Rolek reviewed
the remainder of the fee updates in the amended Ordinance.
~
The Council agreed that there would be no charge for mailing a resident a copy of the
Council agenda upon an individual's request.
Gagne moved, Daugherty seconded to approve ORDINANCE NO. 263 "Amendments to
the Shorewood Code Book - Municipal Fee Schedule Ordinance 250-92," with the
.cdrrections noted including the 1993 sewer rate.
.
Motion passed 4/1. Stover voted nay.
10. CONSIDER ADOPTING A RESOLUTION AMENDING TIIE SHOREWOOD
CAFETERIA BENEFIT PROGRAM INCREASING TIIE MAXIMUM
PARTICIPATION FOR REALlH CARE REIMBURSEMENT TO $1500
This program allows participating employees to withhold part of their salary to pay for
insurance premiums, health care costs and dependent care costs with pre-tax dollars. Rolek
stated that after examination of the $1,000 cap previously placed on this program, an
increase to $1,500 is recommended, based primarily on requests from employees.
Daugherty asked for clarification of how the program works. Rolek explained that this
contribution is deducted from paychecks over and above the regular insurance premium for
10
~
REGULAR CITY COUNCIL MlNUTES
DECEMBER 14, 1992 - PAGE 11
use by employees to pay claims not covered by insurance. He noted that City funds are
saved under this program since the deduction is made from pre-tax dollars and FICA need
not be deducted from that amount.
Lewis moved, Stover seconded to adopt RESOLUTION NO. 126-92 "A Resolution
Amending the Health Care Reimbursement Program Portion of the Shorewood Cafeteria
Program."
Motion passed 5/0.
11. CONSIDER PETITION REGARDING SHOREWOOD OAKS DRIVE STOP
SIGNS
.
Hurm brought the Council's attention to a petition and letter received from residents
requesting the removal of stop signs on Shorewood Oaks Drive.
Brancel asked for comments from the petitioners. There was no response.
Daugherty moved, Gagne seconded to deny removal of stop signs on Shorewood Oaks Drive
requested in the residents' petition.
Motion passed 5/0.
12. MAITERS FROM THE FLOOR - None.
13. STAFF REPORTS
.
A.
Attorney's Report
Keane briefly commented on the Summons and Complaint served by the Upper Minnetonka
Yacht Club noting that the defense will be tendered to the League of Cities. He answered
Councilmembers' questions and indicated he will keep the members apprised.
1. Consider Alternative Response - MWCC
Keane updated the Council on issues related to the MWCC matter. He noted that a
response to his letter dated November 25 has not been received as requested by December
14. He noted that the new chair of the Metropolitan Council had contacted Mayor Brancel
to request a 30-day extension in which the chair could familiarize herself with the issue
before the City commences action. Brancel reviewed her conversation with the Council
chair and asked the Council's guidance regarding the requested 30-day extension.
Gagne reiterated his view that the City should act rather than re-act and proceed with
resolution of the issue. Brancel noted that the Metropolitan Council did meet with her and
Keane about six weeks ago and stated that the Council's reaction was that of indifference
11
REGUlAR CITY COUNCIL MINUIES
DECEMBER 14, 1992 - PAGE 12
to Shorewood's problem with the sewer rate increases.
Daugherty suggested that even though some time could be given to the Chair by a Council
member( s) andlor staff to outline the issue, the MWCC has yet to provide any credible facts
the City can give the residents to justify the rate increases.
Daugherty and Lewis supported aggressively proceeding with the legal process and deny the
30-day extension.
Keane reminded the Council that the City has a demonstrated record of significant III
control and asked the Council to commit, as a corollary to the action, to an on-going
responsibility to complete the efforts that have been under taken in a good portion of the
City to date.
Daugherty moved, Lewis seconded to direct the City Attorney to prepare claims seeking
relief regarding the increase in MWCC charges and to challenge the "as applied" charges
on the basis of flows; and to affirm the Council's desire that the City continue its i/i efforts
throughout the community.
.
Motion passed 5/0.
B. Engineer's Report
1. Leroy Bishop - indentation, fence and buffer
Dresel reviewed the responses to the questions raised by Mr. Bishop at the last Council
meeting related to the public works site. After investigation, it appears that little can be
done with regard to the culvert short of constructing an elaborate storm sewer system .
including a catch basis betWeen two driveways; the fence around the site is nearly completed
and additional grading will be completed next spring; and in the spring, additional trees will
be planted along the property line as well as completion of grading and berming.
C. Planner's, Report
1. Variance Request John Chandler, 28200 Woodside Road (tabled from.
11-30-92 meeting)
Nielsen stated that a request has been received from Mr. John Chandler requesting that one
of two things take place; either he be given a variance to allow him to subdivide his property
or that he be refunded the sewer charge he paid on two units in the early '70s.
Nielsen noted that action on a variance is not an option until the appropriate procedures
and process are completed. Nielsen stated, however, it appears that the lot does not contain
the adequate square feet of area for subdivision into two lots. Nielsen confirmed that Mr.
Chandler was assessed for two sewer units. Staff consensus is that it would be unfair not
12
.
.
REGUlAR CITY COUNCIL MINUTES
DECEMBER 14, 1992 - PAGE 13
to refund the $1800 assessment. However the question of whether interest should be paid
on the $1800 is for the Council's decision. Nielsen indicated it is questionable whether a
variance would be granted for the subdivision, however, lacking the required information
a determination cannot be made at this time.
Rolek clarified that the interest referred to in this case is the interest Mr. Chandler has paid
on the assessment over the time period.
Nielsen stated that although approval has been given for a refund in the past, the actual
pay-out was never made.
Mr. John Chandler: I would rather have the permission to divide the property than to get
the sewer assessment back. All these years I thought I had two lots because of the sewer
system. Mr. Chandler described his proposal to subdivide his 73,500 square foot property
into one 40,000 sq.ft. lot and one 33,500. He inquired whether the Council would allow the
subdivision if he went through the process and spent the money for the require"d survey.
Brancel indicated the Council is unable to act on the request and stated that the variance
request must be submitted to the staff and the Planning Commission for the appropriate
review process. She noted the applicant must decide between the two options.
Mr. Chandler requested additional time to make his decision.
2. Consider a joint road maintenance service agreement - Cedar Ridge
Nielsen reviewed the background to Cedar Heights development which is a land-locked
piece of land with respect to Shorewood. Three lots were to be accessed by a private road
into Chanhassen and ultimately to Koehnen Circle, which is a Chanhassen street. A new
developer has purchased the property and he is considering additional lots in the
development. He proposes to put in a public street and plat five lots. Nielsen indicated that
questions related to maintenance and snow plowing arise if the street is to be a Shorewood
street accessed from Chanhassen. Maintenance-patching and seal-coating-would be done
by Shorewood. Chanhassen and Shorewood staff have discussed the possibility of sharing
services for Koehnen Circle, such as Chanhassen would do the year-round maintenance, and
Shorewood, while plowing the new street, would also plow Canaan Circle. The developer
is concurrently presenting the shared concept to the Chanhassen City Council. A current
agreement exists for the 3-10t proposal and it is suggested that the agreement be extended
to cover a 5-10t development. Staff requested the Council's views on entering such a shared
maintenance and snow plowing agreement with Chanhassen.
Following discussion, the consensus of the Council was that the staff should pursue
development of an equitable proposed agreement to cooperate with Chanhassen for the
maintenance and plowing of Koenhen Circle.
D. Finance Director's Report
13
REGUlAR CITY COUNCIL MINUTES
DECEMBER 14, 1992 - PAGE 14
1. Redraft - Sample Sewer Bill (11-30-92 meeting)
Rolek referred to the re-draft of a sample sewer bill. Hurm and Keane presented necessary
changes to the information letter jbill based on the Council's action at this meeting regarding
the increase in sewer rates. Council members discussed the draft, related sewer issues and
made additional suggestions. The consensus of the Council was to distribute to the residents
as soon as possible a copy of the information letter jbill as re-written and corrected.
Rolek asked for direction from the Council for handling the payment of the MWCC billing
due January 1, 1993. Keane suggested that a collaborated letter be crafted to be sent to the
MWCC on January 12 after the Council's January 11th meeting as the City's response to the
first invoice.
E.
Administrator's Report
.
1. A Motion Authorizing Future MSA Maintenance Allotments be
Calculated at 25% of Total Allotment
Hurm stated that MSA rules have been amended to allow the City to accept 25% of its total
allotment as an annual maintenance allotment. Prior to this, it was 5%. The advantage to
the City is that an additional 20% of the allotment can now be received and banked.
Daugherty moved, Stover seconded to authorize that the City's MSA maintenance allotment
be calculated at 25% of the total annual MSA allotment.
Motion passed 5jO.
2.
A Resolution Establishing a Municipal State Aid Construction Fund
.
Hurm stated that 5 % of the allotment will be used for program maintenance purposes and
20% will be reserved for transfer to the proper MSA construction fund as each specific
project is initiated.
Daugherty moved, Gagne seconded to adopted RESOLUTION NO. 127-92 "A Resolution
Establishing a Municipal State Aid Construction Fund"
Motion passed 5jO.
3. Notice of Public Hearing on Stormwater Management Ordinance
Hurm distributed a copy of an article written for the newsletter regarding the Stormwater
Management program. The Council set the date of the public hearing on the proposed
stormwater management ordinance for 7:30 p.m., Monday, January 25, 1993.
4. Draft - Transient Merchant License
14
REGUlAR CITY COUNca MINUfES
DECEMBER 14, 1992 - PAGE 15
Lewis moved, Daugherty seconded to table consideration and action on the proposed
transient merchant license to the Council's January 11, 1993 meeting.
Motion passed 5/0/.
14. COUNCll.. REPORTS
A Mayor Brancel- None.
B. Councilmembers
1. Daugherty - Report of LMCD "Lake Access Task Force - None.
Lewis - None.
.
Stover reported on a recent meeting of the Lake Access Task Force of the Lake
Minnetonka Conservation District.
Upon his retirement from the Council, Gagne thanked the voters, the present and previous
Council members, the City staff and employees for their support and assistance over the
years and offered his best wishes for the future.
On behalf of the Council and the City, Brancel thanked Councilmember Gagne for his 14
years of work and dedicated service to the City of Shorewood.
15. ADJOURNMENT SUBJECT TO APPROVAL OF ClAIMS
.
Gagne moved, Lewis seconded to adjourn the City Council Meeting at 9:50 p.m., subject to
the approval of claims.
Motion passed 5/0.
The Council re-convened in Executive Session to conduct the City Administrator's annual
evaluation.
RESPECTFUIL Y SUBMfl"lhD,
Arlene H. Bergfalk
Recording Secretary
Northern Counties Secretarial Services
ATIEST:
BARBARA J. BRANCEL, MAYOR
JAMES C. HURM, CITY ADMINISTRATOR
15
CITY OF SHOREWOOD
COUNCIL EXECUTIVE SESSION
MONDAY, DECEMBER 14, 1992
CONFERENCE ROOM
5755 COUNTRY CLUB ROAD
MINUTES
CALL TO ORDER
The Executive Session was called to order by Mayor Brancel at
10:15pm.
Present: Mayor Brancel, Councilmembers Gagne, Stover, Daugherty
and Lewis. Staff: City Administrator Hurm. ~
The Council discussed the evaluation of City Administrator Hurm.
The meeting will continue on January 11, 1993 in Executive Session
form following the regular City Council meeting.
ADJOURNMENT OF EXECUTIVE SESSION
Gagne moved, Lewis seconded to adjourn the Executive Session at
10:45 pm.
Barbara J. Brancel, Mayor
Respectfully Submitted,
~
James C. Hurm
City Administrator
~5
RESOLUTION NO.
1 -93
A RESOLUTION MAKING APPOINTMENTS TO CERTAIN OFFICES
AND POSITIONS WITHIN THE CITY OF SHOREWOOD
FOR THE YEAR 1993
WHEREAS, it has been the policy of the Shorewood city Council
to make annual appointments to fill certain offices and positions
within the city government at the beginning of each year.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the city
of Shorewood as follows:
.
That the following persons are appointed to the following
offices and positions until the 1993 City Council
organizational meeting:
1.
Acting Mayor -
Council Representatives to:
a.
b.
c.
d.
e.
f.
g.
. h.
i.
j.
k.
Park Commission: Councilmember
Planning Commission Liaison: councilmember
Liquor Stores: Councilmembers
Minnehaha Creek Watershed District: councilmember
Lake Minnetonka Cable commission:
Regional Transit Board: Councilmember
Association of Metro Municipalities:
Minnetonka Community Services: Councilmember
Senior Housing and Services Task Force: councilmember
coordinating Committee South Lake Minnetonka Public
Safety Department: Mayor Brancel
LMCD Alternative (Council Liaison): Rob Daugherty
Representatives to Affiliated organizations:
a. Lake Minnetonka Conservation District: Robert Rascop
Term expires Sept, 1995
b. Lake Minnetonka Cable commission: Dean Johnson
c. South Lake Senior Center Task Force - Robert Gagne
d. West Hennepin Human Services Planning Board:
city Attorney
Lendgren Ltd.
Tim Keane, Larkin, Hoffman, Daly ,
City Prosecutor - Kenneth N. Potts
city Engineer - Joel Dresel, orr, Schelen, Mayeron , ASsoc,
Inc.
3A
Page Two: Annual Appointments 1993
Health Officer:
civil Defense Director: SLMPSD Police Chief Richard Young
Official Depositories:
First state Bank of Excelsior and other Depositures as necessary
Official Newspaper - Sailor Newspaper
Weed Inspector - Mayor Brancel
Assistant Weed Inspector - Dennis Johnson
2.
That the Blanket Bond (Official Bonds) is approved.
3. That such appointments shall take effect on the 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 11th
day of January 1993.
Barbara J. Brancel, Mayor
ATTEST:
James C. Hurm, City Administrator
.
.
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 202 OF THE
SHOREWOOD CITY CODE RELATING TO THE
MAKEUP OF THE PARK COMMISSION
The City Council of the City of Shorewood, Minnesota, ordains:
Section 1: section 1201.02 of the Shorewood City Code is
amended as follows:
.
~<<a.J:l1~<<a.E.~~~.P'.....~.~....~he Commission shall consist of ocvcn (7)
ijFB:~::m~:g/::~::nw.Ag:~::I:m:~a: residents of the City Appointed by the
.C.n:s,.......c6uricT-r~......... Terms of all members shall be for three
(3) years. The City Council shall designate one of its
members as its liaison to meet with the Park Commission,
and it shall direct the Park Commission to designate one
member of its body as a liaison person to meet with the
Planning Commission, and the Planning Commission shall
designate one member of its body as a liaison to meet
with the Park commission.
section 2. This Ordinance shall be in full force and effect
from and after its passage and publication.
ADOPTED BY THE CITY COUNCIL of the City of Shorewood,
Minnesota, this 11th day of January 1993.
Barbara J. Brancel, Mayor
. ATTEST:
James C. Hurm, City Administrator
38
RESOLUTION NO. -93
A RESOLUTION MAKING APPOINTMENTS
WHEREAS, the City of Shorewood has advertised for Shorewood
citizens to apply to 'serve on various City Commissions; and
WHEREAS, the City Council has completed a revieJ and selection
procedure for appointment to said commissions. 1
I
Council of the
appointment to
I
NOW, THEREFORE BE IT RESOLVED THAT the City
City of Shorewood hereby makes the following
Commissions effective immediately:
.
Park Commission:
Member
Term
steven Dzurak
Mary Bensman
Elizabeth Fuller (replaces Karen Mast)
Gordon Lindstrom (temporary)
thru 1995
thru 1995
thru 1994
thru 1993
Said appointments completes the Park Commission which consists
of the following additional members:
Member Term
Jennifer McCarty thru 1994
Jim Wilson thru 1994
Mark Laberee thru 1993
Jim Andrus thru 1993
. Planning commission:
Member Term
(Janet Leslie) thru 1994
(Bruce Benson) thru 1994
(Douglas Malam) thru 1995
(Jack Hansen) thru 1995
said appointments compeltes the seven member Planning
Commission which consists of the following additional members:
Member
Term
Deborah Panas-Borkon
Robert Bean
Kirk Rosenberger
thru 1994
thru 1993
thru 1993
3~
BE IT FURTHER RESOLVED that the city Council hereby makes the
following position appointments for the year 1993:
Park Commission:
Chairperson steve Dzurak
Vice Chairperson Jennifer McCarty
Planning Commission:
Chairperson Kirk Rosenberger
Vice Chairperson Deborah Panas-Borkon
BE IT FINALLY RESOLVED that the designated city Council
Liaisons for 1993 shall be as follows:
Park Commission - Councilmember
Planning Commission - Councilmember
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this ..
11th day of January, 1993.
Barbara J. Brancel, Mayor
ATTEST:
James C. Hurm, City Administrator
.
.
.
RESOLUTION NO.
-93
A RESOLUTION TO TRANSFER ARCHIVAL RECORDS TO THE
STATE ARCHIVES OF THE MINNESOTA HISTORICAL SOCIETY
WHEREAS, certain records no longer have administrative, fiscal
or legal value for operations of the City of Shorewood; and
WHEREAS, records storage space is in short supply in the City
of Shorewood City Hall; and
WHEREAS, records with archival value are eligible for transfer
to the state Archives of the Minnesota Historical Society; and
WHEREAS, the City of Shorewood has adopted the General Records
Retention Schedule for Cities, Resolution No. 67-81 and Resolution
No. 5-92 which establishes minimum retention periods for City
records based on their administrative, legal, fiscal and historical
value.
THEREFORE, in accordance with the General Records Retention
Schedule for Cities, the City of Shorewood authorizes transfer of
the records listed on Attachment A to the State Archives of the
Minnesota Historical Society.
ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 11th
day of January 1993.
Barbara J. Brancel, Mayor
ATTEST:
James C. Hurm, City Administrator
3D
Records of Excelsior Township
CITY OF SHOREWOOD
5755 COUNTRY CLUB ROAD
ARCHIVES
Township Meeting and Payments "G" - April 29, 1918 - March 6, 1923
Township Meeting and Payments - March 13, 1945 - April 29, 1949
Minutes and Treasurer Reports "A" - March 17, 1892 - March 6, 1900
Minutes and Treasurer Reports "B" - March 20, 1900 - March 3, 1903
Minutes and Treasurer Reports "c" - March 14, 1903 - April 6, 1912
Minutes and Treasurer Reports "0" - March 4, 1912 - April 6, 1918
Minutes and Proceedings - March 13, 1923 - June 22, 1931
Minutes and Proceedings - January 9, 1939 - March 13, 1945
Minutes and Proceedings "K" - 1931 - 2938
.
Road Matters "F" Minutes ~ 1905 - 1914
Road Matters - 1910 - 1930
Miscellaneous Correspondance - 1927 - 1946
Court Records - 1956 - 1957 Docket - Village of Shorewood
Criminal Docket - June 22, 1959 - April 7, 1960 - Village of .
Shorewood
criminal Docket - 1950 - 1954
Receipts - 1933 - 1946
.
Receipts and Disbursements - March, 1928 - March, 1935
Receipts and Disbursements - 1935 - 1945
Clerks Register Finance 7 - 1935 - 1945
Treasurer Clerks Register Finance 4 - 1914 - 1921
Finance 1 - March 1, 1890-1904
Finance 2 - 1904 - 1915
Finance 3 - 1906 - 1913
Finance 5 - 1923 - 1928
Finance 8 - 1946 - 1961
ATTACHMENT A
.
.
Records of Excelsior Township/city of Shorewood
Page Two
Register Deaths - April 13, 1928 - 1930
"102" - Register Deaths - February 14, 1915 - July 20, 1927
"101" - Register Deaths - May 10, 1902 - November 14, 1907
"104" - Register Deaths - November 22, 1930 - November 15, 1940
"111" - Register Deaths - December 14, 1940 - June 22, 1953
Register Births - January 5, 1928 - 1930
Register Births - February 28, 1915 - 1927
"101" - Register Births - February 21, 1902 - January 26, 1908
"104" - Register Births - November 3, 1930 - April 16, 1940
"111" - Register Births - April 18, 1941 - January 1, 1952
Page T\vo of Two
ATTACHMENT A
-@1FOUNOED IN 1849
MINNESOTA HISTORICAL SOCIETY
Research Center. 1500 Mississippi Street. 51. Paul. Minnesota 55101 . (&12) 2%-6980
Government Records Information Leaflet No.4
Municipal Records
Many historically important records remain in the custody of Minnesota cities. This
statement identifies some of the most valuable series of municipal records. Records listed
on this sheet that no longer have administrative value to the cities should be transferred
to the State Archives in the Minnesota Historical Society. Transfer of such records to any
other historical agency, public library, or museum is expressly prohibited by Minnesota stat-
utes. Numerous other records (e.g., charter, incorporation records, deeds to city property,
zoning files) not listed on this sheet must be retained permanently by the city.
ADMINISTRATIVE RECORDS
MINUTES OF CITY COUNCIL meetings, all council
committees, task forces, boards, commissions,
and advisory bodies.
AGENDA PACKETS, prepared for Council meetings.
ANNEXATION RECORDS, including any records of
towns or municipalities annexed.
ANNUAL REPORTS of all city departments and of
the city's central administration.
ORDINANCES AND RESOLUTIONS, unless completely
reproduced in the minutes.
CORRESPONDENCE AND SUBJECT FILES of the mayor,
city manager, and other department heads.
Most of this material is routine and of
little permanent value; however, certain
files may have historical significance.
FINANCIAL RECORDS
ANNUAL BUDGETS of the municipality.
ANNUAL AUDIT REPORTS, issued by private account-
ing firms or by the State Auditor.
ANNUAL FINANCIAL STATEMENTS of the municipality.
CLERK'S REGISTERS of receipts and disbursements.
TREASURER'S REGISTERS of receipts and disburse-
ments.
PAYROLL REGISTERS.
ELECTION RECORDS
ABSTRACTS OF ELECTION RETURNS, totals of votes
for each candidate.
POLL LISTS, lists of individuals who voted.
ELECTION BOUNDARY MAPS.
.
PUBLICITY RECORDS
NEWSLETTERS issued to city residents.
SCRAPBOOKS of clippings and other material re-
lating to city government, city projects, and
issues of concern to residents.
PHOTOGRAPHS and other historical data compiled
for celebrations, etc.
PUBLICATIONS, a master set of city-produced
studies or reports.
COURT RECORDS
MUNICIPAL COURT DOCKET BOOKS, civil and crimi-
nal, with indexes.
MUNICIPAL COURT MINUTE BOOKS.
MUNICIPAL COURT JUDGMENT BOOKS.
JUSTICE OF THE PEACE DOCKET BOOKS, civil and
criminal.
.
POLICE DEPARTMENT RECORDS
ANNUAL REPORTS.
JAIL REGISTERS, log of prisoners received at
the jail.
PUBLIC WORKS DEPARTMENT RECORDS
ANNUAL REPORTS.
FINANCIAL RECORDS, summary ledgers and journals
of department.
MISCELLANEOUS RECORDS
BIRTH AND DEATH REGISTERS, kept by all munici-
palities until 1953; some cities continued
to record after that date.
CEMETERY RECORDS, including burial registers,
minutes of meetings, and lot owners
records.
continued on reverse
January 1, 1993
Q";""'" "':\"" ;;.s.~ ':', ill ~elen
\.- .... "'1 Mayer~>n &
':~T "Jl:A AsSodates, Inc.
300 Park Place Center
5775 Wayzata Boulevard
Minneapolis, MN 55416-1228
612-595-5775
1-800-753-5775
FAX 595-5773
Honorable Mayor and City Council
City of Shorewood
5755 Country Club Road
Shorewood, MN 55331
Engineers
Architects
Planners
Surveyors
Re: Final Pay Request
Old Market Road
City Project 91-4
OSM Project No. 4705.00
.
Dear Mayor and Council Members:
Enclosed please find Change Order Number 2 and the final payment request for the
referenced project. The Change Order consists of five separate items necessary for the
final completion of the project, and are itemized on the attachment. A brief explanation
of each item follows:
1) A fence was required for safety on top of the concrete retaining wall. Originally,
this was not deemed necessary due the height of the concrete barrier on the
frontage road side. However, it soon became apparent that children were
climbing on top of the wall and that a serious accident could result if a fence was
not constructed.
.
2)
A wood retaining wall was placed in front of the mini-storage to avoid taking a
large tree and having to replace about $1000 worth of underground sprinkling
system.
3) The existing sanitary manholes were found to be in disrepair, and needed to be
raised to meet the new grades.
4) The Halloween snow storm of 1991 prematurely shut the project down, and
signage along highway 7 was required for traffic control over winter. The
contractor has agreed to a reduced cost for this item, essentially splitting the cost
with the City.
5) Geo-textile fabric was used where soft sub-grade soils were encountered and
where fabric was cost efficient compared to additional excavation.
The items listed were, in our opinion, necessary for the proper completion of this
project, and the costs as submitted by the contractor appear reasonable. In addition,
3E
Equal Opportunity Employer
Honorable Mayor and City Council
January 1, 1992
Page 2
total change orders for this project totaled less than 3% of the original contract; this is a
very reasonable amount given the scope of the project. Final cost accounting needs to
be done with MnDOT, but it appears that the project is at least $50,000.00 under budget.
We recommend acceptance of Change Order Number 2 and final payment to Hardrives,
Inc. '
Sincerely,
.
ORR-SCHELEN-MA YERON
& ASSOCIATES
~u
Joel A. Dresel, P.E., L.S.
City Engineer
.
.
.
RESOLUTION NO. -93
A RESOLUTION ACCEPTING STREET, STORM SEWER,
AND WATERMAIN IMPROVEMENTS
OLD MARKET ROAD - CITY PROJECT 91-4
WHEREAS, the City of Shorewood has entered into a contract with Hardrives,
Incorporated for said street, storm sewer, and watermain improvements; and
WHEREAS, the Contractor has petitioned for final acceptance of the project based on
performance to date; and
WHEREAS, a final inspection has been performed by the City Engineer.
NOW, THEREFORE, BE IT RESOLVED that:
The City hereby accepts Change Order number 2 and the work completed pursuant to said
contract, and approves payment of the final construction claim, subject to the following items:
1. The Contractor must make satisfactory showing that he has complied with the
provisions of Minnesota Statues 290.92 requiring withholding State income tax;
and
2.
Evidence in the form of an affidavit that all claims against the contractor by
reasons of the contract have been fully paid or satisfactorily secured.
ADOPTED BY THE CITY COUNCIL, of the City of Shorewood this 11th day of
January, 1993.
Barbara J. Brance!, Mayor
ATTEST:
James C. Hurm, City Administrator
VOUCHER NO.:
DATE:
~ROJECT:
~ROJECT NO.:
OSK COKK. NO.:
FOR:
8 & FINAL
January 1, 1993
Old Market Road Intersection
91-4
4705.01
City of Shorewood, KN
TO:
HARDRIVES, INC.
9724 10TH AVE. NO.
PLYMOUTH, KN 55441
A. ORIGINAL CONTRACT AMOUNT:
$1,044,615.70
B. TOTAL ADDITIONS:
$28,654.06
C. TOTAL DEDUCTIONS:
$0.00
D. TOTAL FUNDS ENCUMBERED:
$1,073,269.76
.
E. TOTAL VALUE OF WORK CERTIFIED TO DATE:
$1,106,804.52
F. LESS RETAINED PERCENTAGE:
o
%
$0.00
G. -LESS TOTAL PREVIOUS PAYMENTS:
$1,029,543.79
H. TOTAL PAYMENTS INCLUDING THIS VOUCHER:
$1,106,804.52
I. ENCUMBERED FUNDS CARRIED FORWARD:
($33,534.76)
J. APPROVED FOR PAYMENT THIS VOUCHER:
$77,260.73
ORR-SCHELEN-KAYERON & ASSOCIATES, INC.
Pursuant to our field observation, as performed in accordance with our contract, we hereby certify that the materials
are satisfactory and the work properly performed in accordance with the plans and specifications and that the total
~ork is 100 % completed as of January 1, 1993. We hereby rec pa nt of 's voucher.
Signed: n~ -,;-~ L ~ Signed:
Construction Obse~r
.
This is to certify that to the best of my knowledge, information, and belief, the quantities and values of work
certified herein is a fair approximate value for the period covered by this voucher.
CONTRACTOR: Hardrives, Inc.
SIGNED BY:
DATE:
TITLE:
CITY OF SHOREWOOD
- APPROVED:
DATE:
TITLE:
1
2
3
4
5
6
7
8
9
10
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12
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14
15
16
17
18
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21
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25
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27
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2]]1.510
23U .510
2331.514
2357.502
2411.503
2501.567
2501. 567
2501. 567
2112.501
2104.509
2501.501
2503.541
2503.541
2503.541
2503.541
STD SPEC
S'I'D SPEC
8m SPEC:
8m SPEC
8ft SPEC
a"1'D SPBC
lorD SPEC
2521.501
2531. 501
2531.501
2531. 501
2535.501
2531. 503
2554.501
2565.511
DIV IX
2571. 541
2575.505
2611.5
2611.5
2611.5
2611.5
2611. 5
2611. 5
2611. 5
2611.5
2611.5
DIV XX
2611.5
2611.5
2611. 5
DIV II
on II
DIY IX
DIV IX
8 . rnuu.
oJaauary 1, 1'93
olel Market Road IDt..raect.iOll
91-4
4705.01
C1:ty of Shorevood., HII
:tftK
'h'affic C:oa:t.rol (suq_ IlIX)
PU: 8i9l'.
.aveaeD.t. .....-9..
LiD. Pay_eat. Markinq.
clear 'Grub '
a_ewe Curb' Gut.ter (all type.)
.~. Pipe (all ai... and t.ype.)
a_ova a1t.\laiaoua H~iAUl
a-O'V'. Bit.uaiDoua .av_en't.
aaviAq Bit.uainoua pay..eat.
Coaaoa. hc&"at.ioa.
Cla.. 5 (lOOt Cruohed)
S.l~ Cranular Borrow (LV)
'!'ype 61 WeariDq Cour.. M1x1:ur. ('l'II7)
'1"ype 41 Lev-eliD.q cou.r.. Hix'tur. ('1"117)
~ 41 WeariDq COW:.. Hi.xt.ur.
'l"ype 41 BiDder C:ouzo.. ('l'B7)
T'ype 31 Binder Cour..
Type 31 a... Cour.. Mixt.ure
Bit.uainoua Kat..rial for Tack Coat.
Concret.. ae't.ainiDCJ Wall (5397.723)
12- R.C. Aproa v/t.raah 9U&Z'd
15. R.C. Ap.r:on v/t.raq qu.ard
24- R.C. Aprcm v/t.ra.h quard
Subqrad. Preparat.ion
R_ove C.B.
Randoa Rip Rap Cla.. IIX
24- R.C.P. ela.. III
18- R.C.P. cla.. III
1.5- R.C.P. Cla.. IV
12- R.C.P. Cla.. IV
8m 4' Dia. Kanhol. (0-8' Deep)
Cat.ch aa.in Manhol.. (0-8' Deep)
Zxc... Manhole over 8' Deep
sm Cat.ch aa.in
Adju.t. Exi.t.inq Manhol.
Aclju.t. Zxi.t.inq Cat.ch Ba.in
Adju.t Exi.t.inq Cat.. Valve
3- Concrete walk
8618 Concret.. Curb and Cut.t.er
B624 Concret.. Curb II Cut.ter
D424 CODcret. Curb II Cutt.er
Bitu.illoua Curb
Concret.. MeclioUl
Traffic Barri.r D..iqn 8322
Full '1'. Actuat.ed T. Control Sy.t._
Seed.inqlH\llch, "ert. and 4- Top.oil
Tran.plant (P in.)
Sod/4" 'ropooil (Lawn 'rype)
aydrant.
6 - Cat.. Valve And Box
I- Cate Valve and Box
12 - Cat. Valve II Box
I'it.t.inq.
1-1/2 - Corporat.ion St.op
1-1/2" Curb Stop' B."i
1-1/2" Copper '1'ype It
XD.ulat.ion (4- Thick)
Zro.ion Cont.rol
6- D.X.P. Cla.. 52
.- D.:I.P. Cla.. 52
12- D.I.P. Cla.. 50
a.locat.e Hydrant.
Jack Ca.inq for 12 - Wat..raain
Hobili.atiOD.
Clean-Up
CIIAIIOIl ORDEa 90. 1
CIlABCZ ORCZR Ko. 2
S OPPLZMBH"rAR.Y AaRZEHBIf'l' No.
SOPPLBHBII"I'ARY ACItZZHBH"l" No.
1'O'l'AL ADDITIONS
ORAND TOTAL
'l'O'rAL
011%'1' QUAII'I"I'l'Y
L.a.
L.S.
L.S.
L.8.
L.S.
L.r.
L.P.
S.Y.
S.Y.
L.r.
C.Y.
'rOIl
C.Y.
"'-
'rOIl
'rOIl
"'-
'rOIl
'ron
oal.
S.Y.
aacb
Eacb
Each
ReiSt
Each
C.Y.
L.r.
L.r.
L.r.
L.P.
Each
Each
L.P.
Eacb
Each
Each
Each
s.r.
L.r.
L.F.
L.F.
L.F.
S.Y.
L.r.
L.S.
Acre
'rr_
S.Y.
Z.-cb
E.-ch
Zach
Each
Lbo
Each
Each
L.r.
s.r.
10.1'.
L.r.
L.r.
L.P.
E.-ch
L.P.
L.S.
L.S.
1
1
1
1
1
85
1460
1410
16142
2414
41532
9899
5164
1835
175
1023
886
1487
5400
3485
450
4
3
2
57
16
17
230
361
335
731
4
14
5
10
4
2
2
145
5889
2170
575
270
1385
300
1
6
15
9823
10
11
7
3
8040
4
4
90
1500
1000
244
760
2650
1
140
1
1
$20,000.00
$5,720.00
$2,650.00
$5,000.00
$10,500.00
$5.00
".60
$4.20
$1.40
$2.00
$1. 85
$7.10
$5.50
$28.65
$23.30
$20.40
$19.80
$19.35
$18.90
$1. 00
$360.00
$300.00
$325.00
$465.00
$100.00
$265.00
$42.00
$21.00
$19.00
$17.60
$14.30
$960.00
$880.00
$105.00
$715.00
$150.00
$150.00
$150.00
$2.00
$5.00
$6.40
$6.60
$3.00
$20.00
$23.00
$70,000.00
$1,000.00
$150.00
$1. 60
$1,040.00
$375.00
$500.00
$850.00
$1.20
$121. 00
$200.00
$14.00
$2.05
$2.00
$16.50
$12.10
$16.50
$1,000.00
$110.00
$20,000.00
$20,000.00
'l'O1
COH'l'RACT
OlIn' 'l'O'rAL
COI'!' AIIOUII'l'
$20,000.00
$5,720.00
$2 ,650. 00
$5,000.00
$10,.500.00
H25.00
$5,256.00
$5,922.00
$22,598.80
H,828.00
$76,834.20
$70,282.90
$28,402.00
$52,572.75
$4,077.50
$20,869.20
$17,542.80
828,773.45
$102,060.00
$3,485.00
$162,000.00
$1,200.00
$975.00
$930.00
$5,700.00
$4.240.00
$714.00
$4,830.00
$6,859.00
$5.896.00
$10,453.30
$3,840.00
$12,320.00
$525.00
$7,150.00
$600.00
$300.00
$300.00
$290.00
$29.445.00
$13,881.00
$3,795.00
$810.00
$27,700.00
$6,900.00
$70,000.00
$6,000.00
$2,250.00
$15,716.80
$10,400.00
$4,125.00
$3,500.00
$2,550.00
$9,648.00
$484.00
$800.00
$1,260.00
$3.075.00
$2,000.00
$4,026.00
$9,196.00
$43,725.00
$1,000.00
$15,400.00
$20,000.00
$20,000.00
$1,044,615.70
$11,413.00
$12,509.22
$3,100.00
$1,6H.84
$28,654.06
$1,073,269.76
BARDRVlES, DIe.
9724 10ft AVI:. 1110.
PLyt<<)O"fII, MIl 5540&1
CONPLBft '1'0 DAft
'l'O'rAL
QOAll'n'1"lr lUIOOII'l'
1
1
1
1
1
166
1636
1052
12676
2954
52932
8906
947
1574.0
529.7
1326
866
1803
4766
2935
525
4
3
1
59
16
10.7
211
345
398
1025
4
14
5.6
9
6
1
3
6059
6893
956
1627
499
1687
322
1
4.2
9
8100
10
11
6
3
8790
4
4
90
1504
1137
190
1095
20&44
1
120
1
1
$20,000.00
$5,720.00
$2,650.00
$5,000.00
$1 0,500.00
$830.00
$5,889.60
H,418.4O
$17,746.40
$5,908.00
$97,924.20
$63 ,232.60
$5,208.50
$45,095.10
$12,342.01
$27,050.40
$17,146.10
$34,....05
$90,077.40
$2,935.00
$189.000.00
$1,200.00
$975.00
$465.00
$5,900.00
$4,20&0.00
$449.40
$4,431.00
$6,555.00
$7,004.80
$14,657.50
$3,840.00
$12,320.00
$588.00
$6,435.00
$900.00
$150.00
$450.00
$12,118.00
$34,465.00
$6,118.40
$10,738.20
$1,4.97.00
$33,140.00
$7,406.00
$70,000.00
$4,200.00
$1,350.00
$12,960.00
$10,400.00
$4,125.00
$3,000.00
$2,550.00
$10,548.00
$484.00
$800.00
$1,260.00
$3,083.20
$2 ,274. 00
$3,U5.00
$13,249.50
$0&0,326.00
$1,000.00
$13,200.00
$20,000.00
$20,000.00
$1,078,150.46
$11,413.00
$12,509.22
$3,100.00
$1,631. 84
$28,654.06
$1,106,804.52
Owners:
City of Shorewood
5755 Country Club Road
Shorewood, MN 55331
City Project No. 91-4
OSM Project No. 4705.01
Date of Issuance: January 1, 1992
Change Order No.2
Project: Old Market Road
Contractor: Hardrives, Inc.
9724 10th Avenue North
Plymouth, MN 55441
Engineer:
Orr-Schelen-Mayeron
& Associates, Inc.
You are directed to make the following changes in the Contract Documents:
Description:See Attachment
Purpose of Change Order:See Attachment
.
Attachments (list documents supporting change):See Attachment
CHANGE IN CONTRACT PRICE
Original Contract Price $1,044,615.70
CHANGE IN CONTRACT TIME
Previous Change Orders and Supplimentary
Agreements
$16,144.84
Original Contract Time
Entire by June 1, 1992
Net Change from Previous Change Orders
NONE
Contract Price Prior to this Change Order
$1,060,760.54
Contract Time Prior to this Change Order
SAME
.
Net Increase (decrease) of this Change Order
$12,509.22
Net Increase (decrease) of Change Order
NONE
Contract Price with all Approved Change Orders
$1,073,269.76
Recommend~d/ / / ~//
By: . ~ /'./l~
/ J oel Dr~sel, P .E., ...S.
~;~roveJ U' !;C;( By:
~oel Dresel, P.E., L.S.
City Engineer
Contract Time with Approved Change Orders
Completion by June 1, 1992
Approved
By:
Hardrives, Inc.
Approved
Date of Council Action
January 11. 1993
Jim Hurm
City Administrator
CHANGE ORDER #2 ATTACHMENT
1. Fence on concrete retaining wall.
L.S. $5,700.00
2. Wood retaining wall at mini storage.
83.25 S.F. @ $10.00 $832.50
3. Reconstruct sanitary sewer manholes.
Work Order No. 2133 $310.50
Work Order No. 2134 $975.87
. 4. Additional traffic control during winter suspension.
3 months @ $1,405.45 $4,216.35
5. Geo-textile fabric.
790 S.Y. @ $0.60 $474.00
Total $12,509.22
.
.
.
January 1, 1993
City of Shorewood
5755 Country Club Road
Shorewood, Minnesota 55331
Re
Rehabilitation of Lift Station No.7 & 11
City Project No. 92.07
City of Shorewood, Minnesota
OSM Project No. 4897.00
City Council:
Orr
Schelen
Mayeron &
AsSociates/Inc.
300 Park Place Center
5775 Wayzata Boulevard
Minneapolis, MN 55416-1228
612-595-5775
1-800-753-5775
FAX 595-5773
Engineers
Architects
Planners
Surveyors
Enclosed is the Construction Payment Voucher No.3 and final on the referenced project
in the amount of $600.00.
Please make payment in the amount of $600.00 to Schmitz & Sons, Inc., 4842 104th
Avenue N.E., Circle Pines, Minnesota, 55014.
Sincerely,
ORR-SCHELEN-MA YERON
gu
Joel A. Dresel, P.E., L.S.
Project Engineer
Jme
Enclosures
cc: Schmitz & Sons, Inc.
Equal Opportunity Employer
3f
RESOLUTION NO. -93
A RESOLUTION ACCEPTING MODIFICATIONS TO LIFT
STATIONS 7 AND 11
WHEREAS, the City of Shorewood has entered into a contract with Schmitz and Sons,
Incorporated for the rehabilitation of Lift Stations 7 and 11; and
WHEREAS, the Contractor has petitioned for final acceptance of the project based on
performance to date; and .
WHEREAS, a final inspection has been performed by the City Engineer.
NOW, THEREFORE, BE IT RESOLVED that:
The City hereby accepts Change Order Number 1 and the work completed pursuant to said
contract, subject to the following items:
1. The Contractor must make satisfactory showing that he has complied with the
provisions of Minnesota Statues 290.92 requiring withholding State income tax;
and
2.
Evidence in the form of an affidavit that all claims against the contractor by
reasons of the contract have been fully paid or satisfactorily secured.
.
ADOPTED BY THE CITY COUNCIL, of the City of Shorewood this 11th day of
January, 1993.
Barbara J. Brancel, Mayor
ATTEST:
James C. Hurm, City Administrator
CONSTRUCTION PAY VOUCHER
Estimate Voucher Number: 3 & Final Date:
OSM Project Number: 4897.00 Period Ending:
January 1, 1993
January 1, 1993
Project:
REHIBILITATION OF LIFT STATIONS NO. 7 & 11
SHOREWOOD, MINNESOTA
CITY OF SHOREWOOD 92.07
Contractor: SCHMITZ & SONS, INC.
4842 104TH AVE. N.E.
CIRCLE PINES MN 55014
Contract Date:
Completion Date:
June 22, 1992
August 15, 1992
Work Started:
Work Completed:
July 1, 1992
.
original Contract Amount
Total Additions
Total Deductions
Total Funds Encumbered
Total Work Certified to Date
Less Retained Percentage
Less Previous Payments
Total Payments Incl This Voucher
Balance Carried Forward
66,319.00
600.00
-300.00
66,619.00
0.00%
66,619.00
0.00
66,019.00
66,619.00
0.00
APPROVED FOR PAYMENT, THIS VOUCHER
600.00
APPROVALS
ORR-SCHELEN-MAYERON & ASSOCIATES, INC.
Pursuant to our field observation, as performed in accordance with our
contract, and based on our professional opinion, materials are
satisfactory and the work properly performed in accordance with the plans
and specifications and that the total work is:
.100% completed as of January 1, 1993.
We herby recommend payment of this voucher.
Signed: &L.. 7;PK# Jy TIIO signed:
Construction Observer P
SCHMITZ & SONS, INC.
This is to certify that to the best of my knowledge, information, and
belief, the quantities and values of work certified herein is a fair
approximate estimate for the period covered by this voucher.
Contractor:
Signed By
Title
Date:
CITY OF SHOREWOOD
Checked By:
Approved for payment:
Authorized Representative
Date:
Date:
PAGE 1
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Change Order No. 1 City Project No. 92-07
Project: Uft Stations 7 & 11 OSM Project No. 4897.00
Owners: City of Shorewood Date of Issuance: January 1, 1993
Contractor: Schmitz & Sons, Inc. Engineer: Orr-Schelen-Mayeron
& Associates, Inc.
You are directed to make the following changes in the Contract Documents:
Description: Pavement and venting alterations.
Purpose of Change Order: Change in Contract Amount.
Attachments (list documents supporting change):
Item 3 - Reduction for City Paving = $300.00
Item 4 - Addition for additional venting = $600.00
+ $300.00
CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT TIME
.Original Contract Price $66,319.00 Original Contract Time
Previous Change Orders No. - to No. - Net Change from Previous Change Orders
$
Contract Price Prior to this Change Order Contract Time Prior to this Change Order
$66,319.00
Net Increase of this Change Order Net Increase (decrease) of Change Order
$300.00
Contract Price with all Approved Change Orders Contract Time with Approved Change Orders
$66,319.00 .......,
::mm.nd'd~/ /L X Approved
By:
vrEngineer -. Contractor
~~~rov~~ ~ Approved Date of Council Action
By: J anuaI)' 11. 1992
/' City Engineer City Manager -
/t'
--(if,;<
RESOLUTION NO.
A RESOLUTION APPROVING SUBDMSION OF REAL PROPERTY
WHEREAS, Mark Morford and Thomas Reifenberger (Applicants) are the owners of
certain real property in the City of Shorewood, County of Hennepin, State of Minnesota,
legally described in Exhibit A, attached hereto and made a part hereof; and
WHEREAS, the Applicants have applied to the City for a combination and
resubdivision of said real property into two parcels legally described in Exhibit B and
illustrated on Exhibit C, attached hereto and made a part hereof; and
WHEREAS, the Applicants and all other parties holding an interest in the said real
property have agreed to grant to the City a drainage and utility easement legally described in
e Exhibit D, attached hereto and made a part hereof; and
WHEREAS, the combination and resubdivision requested by the Applicants complies
in all respects with the Shorewood Zoning Code.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
1. That the real property legally described in Exhibit A be divided into two
parcels, legally described in Exhibit B.
2. That the City Clerk furnish the Applicants with a certified copy of this
resolution for recording purposes.
-
3. . That the Applicants record this resolution, together with the drainage and
utility easement legally described in Exhibit D with the Hennepin County Recorder or
Registrar of Titles within thirty (30) days of the date of the certification of this resolution.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 11th day of
January 1993.
Barbara J. Brancel, Mayor
ATTEST:
James C. Hurm, City Administrator/Clerk
~~
.
.
PROPOSED LEGAL DESCRIPTIONS
PARCEL A (Morford's)
"All of Lots 9 and 10 and the South Half of Lot 11, Minnewashta"
PARCEL B (Reifenberger's)
"The North Half of Lot 11 and all of Lot 12, Minnewashta"
EXHIBIT B
-- .. -~ . VI. w, un" 'JV'" "'".., . nnu . 'VI-' RI;,.Ir- LI10I:.n\:JI:.R
'r '" to
rlglnal Description' for'~,NO. 6130 Church Road: tot 12, MINNEWASHTA
, " .,' .......,~)1t:. 'l '.,,>~".~~, .~, ~.4i._"'"
ROPOSED DESCRI~tION FOR NO. 6130 CHURCH ROAD: (Area ls18,550 Sq. Ft.)
, l" .
The North Ha'lfiof Lot 11 a^d all of lot 12~ MINNEWASHTA
, .
,..,-
I . ;:,. <
rlglnal Descrlp~Jon for No. 6150 Church Road: lots 9 and 10, MINNEWASHTA
ROPOSED ~ESCRJP~'i~~ FOR NO. 6150 CHURCH ROAD: (Area Is 18,640 Sq. Ft.)
, ~ t
All of lots 9 and 10 and the South Half of lot 11 ,'MINNEWASHTA
' , . ~ ~ '
e her~bY '~~rtlfy,!that this is a true and correct representation
f a survey of the boundaries of the land above descrlbed;and
f the location of all buildings, If any, thereon and all '
lslble encroachments, If any, from or on said land.
ated this 23rd day of September-, 1992.
, ,CARLSON '& . CARLSON, I Ne .
, \ LAND SURVEYORS
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Scale: /l
QUIT CLAIM DEED
Individual (s) to Corporation
or Partnership
sln\morford.qcd
No delinquent taxes and transfer
entered; Certificate of Real
Estate Value ( ) filed ( ) not
required certificate of Real
Estate Value No.
, 19
County Auditor
by
Deputy
(reserved for recording data)
~ATE DEED TAX DUE HEREON $
Date:
December
, 19l1-
FOR VALUABLE CONSIDERATION Mark H. Morford and Barbara J. Morford a/k/a
Barb J. Morford. husband and wife. and Thomas M. Reifenberger. sinale ,
Grantor(s), hereby convey(s) and quitclaim(s) to the city of Shorewood
Grantee, a under the laws of
, real property in Hennepin County, Minnesota, described as follows:
An easement for utility and drainage purposes over the north ten feet of
the South half of Lot 11, Minnewashta, according to the recorded plat
thereof, and situate in Hennepin County, Minnesota
and an easement for utility and drainage purposes over the south ten feet
f the North half of Lot 11, Minnewashta, according to the recorded plat
hereof, and situate in Hennepin County, Minnesota
together with all hereditaments and appurtenances belonging thereto.
TOTAL CDlSIDERATlON FOR THIS
TRANSACTION IS LESS TIIIUI S500.00.
Mark M. Morford
Barbara J. Morford
Thomas M. Reifenberger
THE SEllERS CERTIFY TMT THE SELLERS DO NOT kJKN OF ANY Y:US ON THE DESCRIBED REAL PROPERTY.
STATE OF MINNESOTA)
) SSe
COUNTY OF )
The foregoing was acknowledged before me this day of December , 1992,
by Mark M. Morford and Barbara J. Morford a/k/a Barb J. Morford. husband
and wife. and Thomas M. Reifenberger. single , Grantor(s).
Barna, Guzy & Steffen, Ltd.
400 Northtown Financial Plaza
200 Coon Rapids Boulevard
Minneapolis, MN 55433 (sIn)
Notary
Tax Statements for the Real
Property Described in this
Instrument Should be sent to:
THIS INSTRUMENT WAS DRAFTED BY:
CITY OFSHOREWOOD IS EXEMPT
EXHIBIT D
L,
RESOLUTION NO. - 93
RESOLUTION DENYING UPPER LAKE MINNETONKA YACHT CLUB
APPLICATION FOR ZONING ORDINANCE AMENDMENT
WHEREAS, the Upper Lake Minnetonka Yacht Club (Applicant)
desires to construct a clubhouse building on property located at
4580 Enchanted Point, said property legally described as:
"Lots 1 and 2, Block 4, Enchanted Park" (the Subject Property)
WHEREAS, the Subject Property currently exists as a
nonconforming use in the R-IC zoning district in which it is
.
currently located, and subject to the requirements of the "S",
Shoreland (overlay) District; and
WHEREAS, Shorewood's zoning regulations prohibit nonconforming
uses from being "enlarged, extended, or structurally altered"; and
WHEREAS, the Applicant has requested a rezoning from R-IC,
Single-Family Residential District to L-R, Lakeshore-Recreational
District in order to eliminate its nonconforming use status in
order to construct; and
.
WHEREAS, the Subject Property does not comply with certain
requirements of the L-R District and the applicant has requested
variances to the strict application of those requirements; and
WHEREAS, the Subject Property is designated in the Shorewood
Comprehensive Plan for low density residential use;
WHEREAS, a public hearing was held and the application reviewed
by the Planning Commission on 21 April i992, 1 September 1992; and
WHEREAS, the Applicant appeared before the City Council at the
regular council meeting held on 11 May 1992; and
3 f-l
WHEREAS, the City Council has reviewed the material submitted
by the Applicant, the recommendations of the Planning Commission,
and the memoranda of the City Planning Director, dated 15 April
1992, 26 August 1992, and 17 September 1992, and 12 November, 1992;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Shorewood, as follows:
FINDINGS OF FACT
1. The Upper Lake Minnetonka Yacht Club exists as a
nonconforming use in the R-IC District.
2 .
The Shorewood Comprehensive Plan sets forth policies
relating to low density residential neighborhoods.
.
(a) Low density residential neighborhoods shall be
protected from encroachment or intrusion of
incompatible higher use types and by adequate
buffering and separation from other residential
as well as non-residential use categories.
(Comprehensive Plan, page 31.)
(b) Residential neighborhoods shall be protected from
penetration by through traffic. (Comprehensive
Plan, page 31.)
(c) All existing and proposed service and commercial
uses shall be adequately screened or buffered
from any adjacent residential development.
(Comprehensive Plan, page 33.)
.
(d) Orderly transitions between commercial and
residential areas shall be established and
maintained. (Comprehensive Plan, page 33.)
The proposed rezoning and expansion of use by the
Applicant is in conflict with the policies of the
Shorewood Comprehensive Plan.
3. The proposed L-R District requires a minimum lot area
of 60,000 square feet and the subject property
contains less than 48,000 square feet.
4. The L-R District ordinance standards limit the number
of boat slips for the size of the Subject Property to
19 and the Applicant proposes 25.
2 .
5. That the L-R District requires the Subject Property to
be accessed by a minimum 24-foot dust free street.
Enchanted Point is currently improved with a 12-foot
gravel surface.
6. That the L-R District requires a 35-foot parking lot
setback from the street and the Applicant's plan
proposes a 15-foot setback.
7. Testimony was cffered at the 9ubl~= hearing alleging
the existence of Ind~an burial mounds on the Property.
CONCLUSIONS
.
1. The rezoning requested by the Applicant constitutes a
significant failure to comply with the policies set
forth in the Shorewood Comprehensive Plan.
2 .
The Applicant's property can be put to a reasonable
use under the existing Rl~C District and provisions of
that district imposed by the Shorewood Zoning Code as
applied to the Subject Property.
3. The street accessing the Subject Property is
inadequate to safely serve the proposed use.
4. The Applicant's plans do not comply with the minimum
requirements of the L-R District.
5. The Applicant's request for rezoning to the L-R
District as set forth above is hereby denied.
ADOPTED BY THE CITY COUNCIL, of the City of Shorewood this 11th
. day of January, 1993.
Barbara J. Brancel, Mayor
ATTEST:
James C. Hurm, City Administrator
TJK:JD3s
3 .
RESOLUTION NO. - 93
RESOLUTION DENYING UPPER LAKE MINNETONKA YACHT CLUB
APPLICATION FOR VARIANCES
WHEREAS, the Upper Lake Minnetonka Yacht Club (Applicant)
desires to construct a clubhouse building on property located at
4580 Enchanted Point, said property legally described as:
"Lots 1 and 2, Block 4, Enchanted Park" (the Subject Property)
WHEREAS, the Subject Property currently exists as a
nonconforming use in the R-1C zoning district in which it is
currently located, and subject to the requirements of the "S",
.
Shoreland (overlay) District; and
WHEREAS, Shorewood's zoning regulations prohibit nonconforming
uses from being "enlarged, extended, or structurally altered"; and
WHEREAS, the Applicant has requested a rezoning from R-1C,
Single-Family Residential District to L-R, Lakeshore-Recreational
District in order to eliminate its nonconforming use status in
order to construct; and
WHEREAS, the Subject Property does not comply with certain
requirements of the L-R District and the applicant has requested
.
variances to the strict application of those requirements; and
WHEREAS, the Subject Property is designated in the Shorewood
Comprehensive Plan for low density residential use;
WHEREAS, a public hearing was held and the application reviewed
by the Planning Commission on 21 April 1992, 1 September 1992; and
WHEREAS, the Applicant appeared before the City Council at the
regular council meeting held on 11 May 1992; and
31
WHEREAS, the City Council has reviewed the material submitted
by the Applicant, the recommendations of the Planning Commission,
and the memoranda of the City Planning Director, dated 15 April
1992, 26 August 1992, and 17 September 1992;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Shorewood, as follows:
.
.
2 .
3.
4.
5.
FINDINGS OF FACT
1. That the Upper Lake Minnetonka Yacht Club exists as a
nonconforming use in the R-1C District.
2.
That the L-R District requires a minimum lot area of
60,000 square feet and the subject property contains
less than 48,000 square feet.
3. That the L-R District ordinance standards limit the
number of boat slips for the size of the Subject
Property to 19 and the Applicant proposes 25.
4. That the L-R District requires the Subject Property to
be accessed by a minimum 24-foot dust free street.
Enchanted Point is currently improved with a 12-foot
gravel surface.
5.
That the L-R District requires a 35-foot parking lot
setback from the street and the Applicant's plan
proposes a 15-foot setback.
CONCLUSIONS
1.
That the variances requested by the Applicant
constitute a significant deviation from the
requirements of the Shorewood zoning Code.
That Applicant's property can be put to a reasonable
use under the conditions imposed by the Shorewood
Zoning Code.
That Applicant has not met the criteria for the grant
of a variance under Section 1201.05 of the Shorewood
City Code and has not established an undue hardship as
defined by Minn. Stat. Section 462.357, Subd. 6(2).
That the street accessing the Subject Property is
inadequate to safely serve the proposed use.
That the Applicant's plans do not comply with the
minimum requirements of the L-R District.
2 .
6. That Applicant's request for the variances set forth
above are hereby denied.
11th day of January, 1993.
ADOPTED BY THE CITY COUNCIL, of the City of Shorewood this
ATTEST:
James C. Hurm, City Administrator
TJK:JD1s
Barbara J. Brancel, Mayor
3 .
.
.
;
~
.
.
RESOLUTION NO.
A RESOLUTION GRANTING A CONDIDONAL USE PERMIT
FOR THE MINNEWASHTA CHURCH
WHEREAS, the Minnewashta Church (Applicant) is the owner of real property
located at 26710 West 62nd Street in the City'of Shorewood, County of Hennepin, State of
Minnesota, legally described on Exhibit A, attached; and
. WHEREAS, the Applicant proposes to demolish its existing building and replace it
with a new building; and
WHEREAS, the Applicant has applied for a conditional use permit to build a new
building and to deposit fill on the site to create a surcharge to compact the soil in the
building pad; and
WHEREAS, the Applicant's request was reviewed by the City Planner, and his
recommendations were duly set forth in memoranda to the Planning Commission dated
12 November 1992 and 30 November 1992, which memoranda are on me 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 meetings on 17 November 1992 and
1 December 1992, the minutes of which meetings are on file at City Hall; and
WHEREAS, the Applicant's request for a ,conditional use permit was considered by
the City Council at their regular meeting on 14 December 1992, at which time the Planner's
memoranda and the minutes of the Planning Commission were reviewed and comments were
heard by the Council from the City staff.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as
follows:
FINDINGS OF FACT
1. That the Subject Property is located in an R-ID Single-Family Residential
zoning district.
2. That the subject property contains 99,745 square feet of area.
3. That the existing church building contains 4338 square feet of area and is
located only 18 feet from the front property line.
. 4. That the new church building will contain 9191 square feet of area and
complies with the setback requirements of the R-ID zoning district.
5j.
5. That the surcharge method of soil correction will consist of ~tockpiling dirt, 10
feet high, in an area measuring 100' x 170' where the new church will be built. The pile
will remain on the site for eight to twelve months.
6. That the drainage plan proposed by the Applicant mitigates existing drainage
problems in the vicinity of the church property. .
CONCLUSIONS
1. That the Applicant's plans satisfy the conditions imposed by Section 1201.11
Subd. 4.b. of the City Code.
2. That based on the foregoing; the City Council hereby grants the Applicant's
request for a conditional use permit subject to the following:
.
a.
That the site shall be landscaped according to the approved landscape plan
shown on Exhibit B, attached.
b. Prior to issuance of a building permit, the Applicant must provide a cost
estimate for the required landscaping improvements, and provide a 150 percent
letter of credit for two full growing seasons. Also, before any site work
begins, construction limits and erosion control barriers shall be erected to
preserve existing trees.
c. All required improvements must be completed prior to occupancy of the new
building.
d.
The Applicant's grading, drainage and erosion control plan must be approved
by the Minnehaha Creek Watershed District and the Hennepin County
Regional Railroad Authority.
.
e. . Material excavated from the proposed pond shall be used in the surcharge
process.
f. The Applicant shall direct his grading contrator to limit hauling to Church
Road from State Highway 7.
g. Hours of hauling shall be limited to between the hours of 8:00 A.M. to 4:00
P.M. Mondays through Saturdays.
h. The duration of hauling shall be limited to three weeks.
1. The Applicant is responsible for cleaning the street during construction.
- 2 -
.
.
j. The Applicant must provide a 150 percent letter of credit to guarantee that the
surcharge material is removed and the site restored (or construction started)
within one year. During the surcharge process, the dirt stockpile shall be
seeded to control dust and erosion.
k. All signage shall comply with Section 1201.03 Subd. 11 of the City Code.
3. 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 11th day of
January, 1993.
Barbara J. Brancel, Mayor
ATTEST:
James C. Hurm, City Administrator/Clerk
- 3 -
.
.
LEGAL DESCRIPTION
"Beginning at a point on the South line of the Southeast Quarter of the Southwest Quarter of
Section 32, Township 117 North, Range 23 West of the 5th Principal Meridian, distant 859
feet West, as measured along said South line, from the Southeast comer of said Southeast
Quarter of the Southwest Quarter; thence West along said South line to its intersection with
the Southeasterly right-of-way line of the Hennepin County Regional Railroad Authority
(Formerly the Minneapolis and St. Louis Railway); thence Northeasterly along said
Southeasterly right-of-way line a distance of 625 feet; thence South to the point of beginning.
ALSO,
Lot 1, Minnewashta."
EXHIBIT A
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MAYOR
Barb Brancel
COUNCIL
Kristi Stover
Rob Da\Jgherty
Danlei Lewis
Br\Jce Benson
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 · (612) 474-3236
MEMO TO: Mayor and City Council
FROM: James C. Hurm, City Administrator
/1/
~
l/ V
'j
DATE: January 6, 1993
RE: Agenda Item 4 - Park
.
Enclosed in the packet is material relating to the Park Commission
recommendation to hold a bond referendum election on March 9, 1993:
1) Referendum telephone survey results
2) January City Newsletter insert explaining the proposal to
residents
3)
Item 4B - a proposed resolution determining the necessity
for the issuance of General Obligation Bonds and calling
a special election thereon
.
4) 4C - a proposed resolution authorizing the consolidation
of the four precincts within the City of Shorewood for
special referendum election
.
5)
The bond schedule recommended by the Park Commission:
$900,000, spread over 15 years with even debt service
payments
A number of residents have shown an interest to Park Commissioners
in helping with the bond referendum effort. Therefore there will
likely be an organized group not associated with the city promoting
the referendum. Attorney Tim Keane has done several memos for us
on legal requirements, etc.. We will be very careful that "vote
yes" literature will come from this separate group rather than from
ci ty funds..
JCH.al
Enclosure
A Residential Community on Lake Minnetonka's South Shore
4
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REFERENDUM SURVEY RESULTS - DECEMBER 1992
.
By Jennifer McCarty
A random selection of 151 Shorewood residents was surveyed in December, 1992, regarding
a proposed park referendum. Each of the respondents was a registered voter and a property
owner. Cne respondent was not a registered voter or a property owner, and that survey was
not included in the final results.
Some quick observations:
. Over 59% would support the referendum at the proposed costs.
.
.
In the slli'Vey conducted in JanjFeb 1992 56% expressed support.
. 29% are more likely to use the parks; 45% the trails; and 26% say the two are equal
. A surprising percentage - 11.33% - would be willing to pay over $50 annually
Although not documented by the questions in the survey, it seems that trail support is quite
strong, and those trail supporters are enthusiastic about the referendum.
.
Many people reported using pars in other cities - these people need to be educated about
Shorewood's park system.
.
1)
During the past year have you or your family used any of Shorewood's parks?
Yes 52%
No 48%
2) If the answer is no, why?
Age, physical condition, kids grown 26.47%
I don't have any time 8.82%
Don't meet my needs 8.82%
Not aware of locations 4.41%
. Other 51.47
3)
During the past year have you or your family used any of Shorewood's trails?
Yes 51 %
No 49%
.
5)
Are you or your family more likely to use the parks or the trails?
.
Parks 29%
Trails 45 %
Either 26%
.
6) Which of the following represents the amount per year you would be willing to pay
in increased taxes for park expansion and trail expansion?
Less than $10 33.33%
$10 to $20 12.67%
$20 to $30 20 %
$30 to $40 6 %
$40 to $50 8 %
Over $50 11.33% .
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Nothing (0)
4.67%
Always paid our share
.67%
No comment
3.33%
7) Knowing these improvements would add about $25 in taxes per year to a home of
$100,000 in value, or about $50 in taxes per year to a home of $200,000 in value;
would you vote for or against the proposed improvements at these tax costs?
For 59.33%
Against
37.33%
Depends
3.33%
8) What is the single most important reason for your answer?
For Against
Important part of community 48% Taxes too high 48%
Good for kids 18% Wouldn't use 20%
I am physically active 0% Bad economy Ino job, etc. 8%
Other 34% Facilities already
adequate 8%
Other 16%
9) Would you be more or less likely to vote for the proposed Improvement Referendum
if trail expansion were to be emphasized? Or doesn't it matter?
More likely 27%
Doesn't matter
66%
Less likely 7%
COMMENTS FROM REFERENDUM SUPPORTERS
.
Need to develop parks so that people will not have to go outside community
Would move market value up
Our need for parks is as good as other communities
Like to have a park close to my house
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. Active in children's acdvities
. Good for families
. Good for families and it's free
. Trails are safe from traffic
.
Enhances property values
Makes a desirable living environment
\Vant to see continuous improvement and maintenance
Important to have parks accessible - it's a benefit to me
I would use them
Tennis courts in Silverwood would be used by my family
Park in backyard (Silverwood) would like to see it developed
Increased liveability - draws people to live there
Parks and trail system very important to the community
Want to see area near my house (Silverwood) developed
Empty nesters by would be willing to pay
Something we could use
Overall improvement would be great
Good to have facilities for the younger ones
Preservation of nature
Wants better parks
Cheap entertainment
More likely to use if improved
For..but would want to know plans..and is there a cap for upper bracket?
Like biking so trails are important
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Supporters - continued
. . Use and like trails
. Need to know what improvements would be made before deciding but leaning toward
.
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a "for" vote
. Most of my and my family's free time is spent at parks and trails
. Need more parks and need improvements in existing parks
.
Nice to be able to walk to the parks
Good family activity - just to enjoy the day
Parks and trails add to the quality of life in the community
We use the parks
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. For exercise, walking and biking
. Need parks for children
. Need trails for safety
. .
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Make a good neighborhood
When children were young they used the parks a lot
Get to meet others
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. Foster community interaction - safe environment
.
Want a certain standard of living - good schools and parks
Like to see bike trails improved or increased
Enjoy use of parks and trails
Nature areas put aside
Would eventually use parks
Use them and enjoy them
Need better parks
Healthy strong family is the basis for society
For general area improvement
Quality of neighborhood - improves quality of life
For people to maintain exercise level at a close-to-home facility
Use the parks often
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OPPC
COMMENTS
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are other better uses for the money
1 . c paid my taxes and younger people should pay now
Have spent enough money already
Have enough parks - they're good enough as they are
.
.
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. Rather have money go to the schools
Taxes have jumped $300 this year
Want to see it go to the schools
Plenty available in parks now - want improvement in schools
Taxes should go to schools
School taxes just increases - I'm almost aced out of this house
Taxes high enough already
Taxes going up too much already
Too much waste in government
Area built up - tax new people
Want to know what the plans are - but money is not an issue
Lied to on the school bond issue
We don't use the parks - think taxes are too high & parks are a joke
Retired, can't afford increase in taxes
Taxes are too high
Pay for it buy user fees like Hennepin or State Parks - tired of paying for something
they don't use
. Don't want an increase in taxes
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No use for parks or trails
Higher maintenance level
Against, but would change opinion if trails were put on island
Won't pay a penny until fundamentals are met like roads
Don't think it's that important in comparison - priorities need to be assessed
Will drive to larger water-oriented parks (Excelsior/Lake Anne/Calhoun/etc.)
Don't need additional parks - numerous larger parks nearby
.
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MISCEL_~~~EOUS COM1ffiNTS
.
\Vest side has been neglected
Would like to hook up to trails with connecting paths to other cities like Minnetonka
The trails aren't safe
There is not access to water and docks
Roads are not kept up
Get plenty of exercise where they live - plenty of places to walk
Want snowmobiling on trails
Haven't seen information about Shorewood athletic programs
One of the trails is behind my house and we don"t want it there
Would like to see a lighted Trail on Smithtown
\Vould like to see Silverwood developed
Compliment city plowing efforts
Nothing available on the island
Depends on what else was going on at the time
No interested in organized sports
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STRONG SUPPORT....CALL FOR HELP
ARTHUR JOHNSON
19725 NEAR MOUNTAIN BLVD
470-1194
JA.l\1ES CRAIG
23320 PARK ST
474-3781
GLEN GEISSINGER
6140 MILL ST
470-1847
KENNETH BOLLIG
4635 BAYSWATER ROAD
474-6989
(VERY PRO-PARK)
SHELLY KASPEREK
27170 BEVERLY DRIVE
474-3702
(VERY PRO-TRAIL)
WANTS INFORMATION:
EDWARD KOVACH
20780 GARDEN ROAD
470-0857
January, 1993
.ear Shorewood Residents,
Imagine Shore',vGoc with parks full of happy Little Leaguers, picnicking families, cross country skiers,
gliding ice skaters, and with trails throughout the Community. That is the vision the Shore\vood Park
Commission has been working on.
That vision has been transformed into a Park Improvement Plan and a Trail Plan. These plans call for
amenities such as picnic areas, playground equipment, shelter buildings, water and sewer and more to
be added to Shorewood's parks and for expansion of trails in Shorewood. A more detailed list of
planned improvements is provided on the reverse side of this letter.
\Vhen the plan is accomplished, Shorewood will have completed the improvements to the family area
and more within Freeman Park, improved playground equipment and other park facilities within the
.ur neighborhood parks, and initiated a system of bike/pedestrian trails within our Community. This
plan calls for involvement of civic organizations, sports groups, and businesses. And it also calls for
citizen involvement in the form of voting on a proposed bond referendum.
Nearly two years ago, the Commission held a series of public information meetings. Although citizens
attending the meetings felt that the park improvement plan was a good idea, they said the cost to
citizens was too high. So the Commission returned to the drawing board with the residents's
suggestions. From the initial cost of over $1.7 million, the expenses have been whittled down to
approximately $900,000. With these cost figures in hand, the Park Commission conducted a telephone
aurvey early in December, 1992. Contacting a random selection of registered voters/property owners
~ Shorewood, the Commissioners learned that 59% of those contacted agree with this plan to improve
Shorewood's parks and trails and would support a park bond referendum.
As a result of the Commission's research, and of citizen input, the Park Commission has unanimously
.commended to the City Council that a bond referendum election be held Tuesday, March 9,1993 to
request the official approval of Shorewood residents to sell bonds to finance park and trail
improvements. The estimated annual impact on Shorewood taxpayers depends on the estimated value
of your property:
Estimated Market Value
Tax Increase
$ 100,000
$ 150,000
$ 200,000
$ 300,000
$ 27
$ 41
$ 54
$ 81
.,y.I e encourage you to learn as much as possible about the proposed improvements. Become an
Wnformed citizen and then make a decision. Whether you approve or disapprove of the proposed
improvements and costs, you are encouraged to vote. Your voice is important.
The following is a summary of Improvements to be undertaken as a result of the sale of Park
Referendum bonds: I
.
Initiate implementation of trail svstem as identified in Shorewood's trail plan
.
.
Badger Park (City Hall)
.
Cathcart Park (Church Road & W. 62nd St)
Playground equipment
Picnk areas and landscaping
Trail development
Playground equipment
Relocate ballfield
Install parking area
Shelter will be built with other funds
.
Manor Park
.
Silverwood Park (Covington at Old Market Rd)
Playground equipment
Parking area
Picnic area & landscaping
Shelter building
Playground equipment
Tennis/basketball court
Picnic area & landscaping
Park trails
Shelter will be built with other funds
.
. Freeman Park (Community Park - Highway 7 west of Eureka Road)
Family area picnic shelter
Picnic area and landscaping
Drinking fountains
Road and parking lot improvements
Playground equipment
Volleyball courts
Tennis courts
.
. City will be soliciting donations to complete other related park improvements.
.
No expenditures are planned to purchase additional land with referendum funds.
.
If you have any questions, or would like to offer support, please call anyone of us.
Sincerely,
THE SHOREWOOD PARK COMMISSION
Steve Dzurak
Vine Ridge Road
470-1871
Jim Wilson
Yellowstone Trail
474-1398
Gordy Lindstrom
McLain Road
474-3655
Elizabeth Fuller
Wedgewood Drive
544-8802
Karen Mast
Amesbury
474-3236
Jim Andrus
Amesbury
474-4266
Mary Bensman .
Ivy Lane
470-1329
Mark Laberee
Chaska Road
474-5682
Jennifer McCarty
Shorewood Oaks
470-9328
.
.
.
.
.
RESOLUTION NO. - 93
RESOL~~ION DETE~~rNING THE NECESSITY FOR THE
ISSUANCE OF GENERAL OBLIGATION BONDS ~~
CALLING A SPECIAL ELECTION TH~REON
BE IT RESOLVED by the City Council of Shorewcod, F.ennepin
Cou::::y, V~ ......oso..a It""~ "'v) ~ "" .....Q,...,,~ a.... .......:.Q!-. ""'g a sS':'i"'\i-l1 /lIl_ d.'
_ -............... ... \'W-......... _.. --';:l.....- ._ oio.io.____...- .........1..._
1. The Cicy Council hereby finds and determines:
(a) That it is in the best interest of the health,
welfare, and safety of the City and its residents that the City
acqui~el construct, improve and equip park, trail and recreation
fac~lities and related land to be used far the City'S park and
recreation facilities (the froject) .
(b) That the City is authorized by the provisions of
Minnesota Statutes, Chapter 475 (the AC=) to issue its
obligations to finance the Project in whole or in part and to
,pledge its full faith, credit and taxing powers to the payment of
such Obligations; and
(c) That it is necessary and expedient to the sound
financial management of the affairs of the City that the Project
be financed in whole or in part by the issuance and sale of the
City's general obligation bonds pursuant to the Act in an amount
not to exceed $900,000.00.
2. The propositions for the issuance of the bonds will be
submitted to the voters of the City at a special electio~ to be
held on Tuesday, March 9, 1993. The election will be held and
conducted in accordance with the laws of the State of Mi~nesota
relating to special municipal elections.
3. A notice of election in substantially the form attached
hereto as Exhibit A or sample ballot in substantially the form
attached hereto as Exhibit B, or both as the case may be, must be
posted or published by the City Clerk as follows:
(a) Written notice must be given to the County
Auditor at least 30 days prior to the election;
(b) The notice of election must be published in the
official newspaper of the City at least two weeks prior to the
election;
(c) The notice of election and a sample ballot may
be posted in the office of the City Clerk ten days prior to the
election but in no event less than four days prior to the
election; and
(d) The sample ballot must be published in the
official newspaper at least one week prio~ to t~e election; and
(e) The s~~ple ballet must be posted at each of the ~
polling places on election day in accordance with Paragraph 5,
hereof.
4. The polling places and the respective judges for t~e
election will be these established by the City for special
eleCtions. The polls will be open from 7:00 a.m. until 8:00 p.m.
5. The City Clerk is authorized and directed to prepare
ballets for the elections for use with the optical scan
electronic voting system, on white or buff paper with black ink
pursuant to the requirements of Minnesota Statutes,
Section 206.90. The City Clerk will provide each polling place
with at least two s~~ple ballots which are facsimiles of che
ballot.
6. The City Council shall meet in the City Hall on
Wednesday, V~rch 10, 1993, at 6:00 p.m. to canvass the results of
the election and to declare the results thereof.
ADOPTED BY THE CITY COUNCIL, of the City of Shorewood this
____ day of January 1993.
Barbara J. Brancel, Mayor
ATTEST:
James C. Hurm, City Administrator
WCG:EA5a
2 .
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EXHIBIT A
NOTICE OF SPECIAL ELECT!ON
CITY OF SHOREWOOD, HENNEPIN COu~TY, MI~~ESOTA
NOTICE IS HERESY GIVEN that a special election will be held
~n and for the Ci:y cf Shorewood (City) / He~~epin County,
Mir~esota, on Tuesday, the 9th day of March, 1993, at wh:ch the
=~l:owi~g propcsi:icn
Wn1
..-....
to tt:.e voters
"".I: ....0:.
;...;J... \.....J._
be submitted.
City
for their approval or rejection:
QUESTION
~AY THE CITY OF SHOREWOOD BORROW MONEY BY SELLING ITS GENERAL
OBLIGATION BO~uS IN JU~ &~O~~T NOT TO EXCEED $900,000 TO PAY
FOR THE CONSTRUCTION, BETTERMENT, AND EQUIPPING OF PARK,
TRAIL AND RECREATION FACILITIES AND RELATED LAND?
BY VOTING "YES" ON THIS BALLOT QUESTION, YOU ARE VOTING FOR A
PROPERTY TAX INCREASE.
EXHIBIT B
SAMPLE EAL~OT
QUESTION
~~Y THE CITY OF SHOR~~OOD BORROW MONEY BY SEL~ING
ITS GENERAL OELIGATION BONDS IN AN AMOu~~ NOT
TO EXCEED $900,000 TO PAY FOR THE CONSTRUCTION,
EETTERNE~'"T, A..~ EQUIPPING OF PARK, TRAIL,
AND RECREATION FACItI!!ZS ~w RE~ATED ~~~?
BY VOTING II YES II ON THIS EALLOT QUESTION, YOU A.itE
VOTING FOR A PROPERTY TAX INCREASE.
YES ... -
NO ... -
.
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.
RESOLUTION NO. - 93
RESOLUTION DESIGNATING A SINGLE POLLING PLACE
FOR THE MARCH 9, 1993 SPECIAL ELECTION
BE IT RESOLVED by the City Council of Shorewood, Henneoin
Councy, Minnesota (City) in regular meeting assembled: -
,
The City Council hereby finds and determines:
(a) Thae ehe City is auehorized by the provisions of
Minnesota Seatuees Seoeion 2043.16 to designate a single,
accessible, centrally located polling place.
(b) For purposes of the March 9, 1993 special
election it is in the best interest of the City to designate a
single, accessible, centrally located polling place where all of
. the voters of the City shall cast their ballots.
.
.
.
'_I ;~Q. ~.;__
.. . . \,-J . _u'- '--':.Y
ClCY dal~ locatec ac 57~5
Minnesota, as that single
to be held March 9, 1993.
.. ~ .. .. . , , .. -'" -
aoes ~eracy aes~g~ace ~ce ~ncrewccc
Country Club Road, Shorewocd,
polling place for the special election
(d) A single board of election judges shall be
appointed to serve at this polling place.
(e) Separate ballot boxes shall be provided and
separate returns made for each precinct in the City.
2. The designation of this single polling place shall be
effective only for the special election held March 9, 1993.
Thereafter, the polling places shall be at those locations within
the precincts as established for the last general election.
ADOPTED BY THE CITY COUNCIL, of the City of Shorewood this
11th day of January, 1993.
Barbara J. Brancel, Mayor
ATTEST:
James C. Hurm, City Administrator
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1~:1f)"9: 15:08 F..u 611 113 JOO:
S?R!:\GSTED I:\C. --- ern. - SHOREIICGD @ on:..
Year of Year of
Lgvy Mat.
(1) (2)
City of Shorewood, Minnesota
S900,000 G.O. Park Bonds
15 Years/Evan Daot Sarv1ce
~ated: 5. 1-1993
. Mature: 2. 1
. First Interest: S- 1.1994
e
1993
1994
1995
1996
1997
1998
1999
2000
2001
2002
2003
2004
2005
2006
2007
I
I
. TOTALS:
I
I
I
I
1c-~
_:l:::l
1996
1997
1998
1999
2000
2001
2002
2Q03
2004
2005
2006
2007
2008
2009
Prepared December 10, 1992
By SPRINGS7ED Incorporated
SCHEDULE A
To'tal
Frincipal 105%
Principal Rates In1:erest & Interest OT Total
(3 ) (4) (5) (6) (7)
10,000 3.90~ 57,5':6 97,556 102,434
45,000 4.25% 49,642 94,642 99,374
45,000 4.60% 47,729 92,729 97,365
50,000 4.60% 45,659 95,559 .100 ;442
5010CO 4.95% 43,259 93,259 97,922
55,000 5 . 1 0% 40,784 95,784 100,573
55,000 5.25% 37,979 92,979 97,626
60,000 5.45% 35,091 95,091 99,646
65,000 5.60% 3,,82.' 96,821 101,062
65,000 5.75% 28,181 93,181 97,840
70,000 5.90% 24,443 94,443 99, 1 65
75,000 5.05% 20,313 95,313 100,079
80,OCO 6 . 1 0% 15,775 95 l 775 100,564
85,000 6.20% iO,895 95,895 100,690
90,000 6.25% 5,625 95,625 100,406
900,000 524,752 1,424,752 ',495,990
Bond Years:
Avg. Maturi.ty:
eAVg. Annual Rai:9:
T. I. C. Rate:
9,040.00
10.04
5.805%
5.920%
Annual Interest:
Plus Discount:
Net Interest:
N.I.e. Rate:
524,752
11,700
536,452
5.934%
S 382,556,900
1991 Taxable Valuation:
Total Levy (Levy Year 1993)
Column 7:
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S 102,434
0.27 I $1,000 Tax Rate
Interest rates are estimatesj changes may cause significant
alterations 01 this schedule.
The actual underwriter's discount bid may also vary.
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,. ".' TYPICAL COTIAGE DEVELOPMENT
-",m.;"-.':__."_:_..7"" _";'o:""'~""~f;::.>l:".~._; :,-'--.~".
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,<,~~I:.~f~~cA-diYPica1 coiiage~-d~~~l?piii~ntcon~ists 'of 60 to 90 WrltiWith _~neHtO--one parking. The
=::7~ one bedrooms are 730 square fee~ the two bedroom is 960 square feet and the three
. -,' bedroom is 1,025 square feet. Our rents are $385 per month, $485 per month, and
$495 respectively.
. ...~
_Site characteristicsar~generally 5 to 7.5 acres of land near shopping and churches.
e
The key to developing a Cottage project in a community is the financing. The
communities need to approve tax increment financing, generally in excess of
$1,000,000 which is payable over a 15 year period by returning 90% of the tax
increment to the development.
Piper, Jaffray & Hopwood has served as our underwriter in North St. ~aul, Spring
Lake Park and Cottage Grove. Their history and past experience with the Cottage's
have made them knowledgeable in our developments.
Over the past several developments we have had the luxury of being 100% reserved
prior to breaking ground for construction. This leasing success had transformed into a
waiting list of several hundred on our completed projects.
,
In summary, our Cottage developments have been extremely successful in the past
because we have a below market mortgage rate, no taxes, low rents and a waiting list.
This Cape Cod concept has made for an easy, uncomplicated decision for our residents
and has shown that there is an attractive alternative to home ownership.
.'
~ . ~ ,~. .. . .
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~ ,.::i~:.,,'~;~~cc;;;.?~:;~>:~~~,~1L~:;:;;;~:..~-;;.",,-:,Cciitage Lif~styles" Inc~;
-~~. ~~-~~.~.~~/~'-
. -.---,: ,', "RESUME' -
, The current Cottages rental concept has evolved from the considerable' experience in
senior developments undertaken by John Arkell of Cottage Lifestyles. Mr. Arkell
entered the senior housing market in the early 1980's by re-zoning, 'designing, building
and marke~g~evera1 hundred apartment units through various ~~~_1pps under his
': direction as General Partner. ' '::::;':;~~'7.::'.";:C::-7_
.
Throughout our Cottage organization we have focused entirely on subsidized senior
housing development, and over the past few years we have built and marketed in
, excess of 500 cottage homes. '
,
, .,
We invite you to review our most recent development in North St Paul which is an
excellent representation of our future Cottage projects. '
DEVELOPMENT EXPERIENCE OF COTfAGE LIFESTYLES, INC.
MAYOR
Barb Brancel
. COUNCI L
Kristi Stover
\ .
"\
,~ \'.'\
, ' crfy OF" 1
/SHOREWOOD
! " ' '
5755 COUNTRY CLUB' ROAD . 'SHOREWOOD. MINNESOTA55331 · (612) 474.3236
TO:'
,( ,
\~ayoi and City Council
j
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/
FROM:
Brad Nielsen
DATE:
30 December 1992
RE:
Balgard, Robert -.C.U.P. for:Fill in Excess of 100 Cubic Yards
'-,
FILE NO.:
405(92.32)
,;--......-....-
BACKGROUND
" ',~---
Mr. Robert Balgard,261oo SmithtoWll Road (see SjteLocation map - ExhibitA, attaChed),
.. has applied for a conditional use perrnitto. deposit approximately 1200 cubic yards of fill .
on his property. The purpose of the fill is to improve drainage around the Applicant's
house. It should be noted that the Applicant has alreadY accepted approxiIl'ate1y 800 yards
of material, excavated from the Minnewashta Elementary School expansion, on the
'. assunlption that an approval granted seveci1years ago was still in effect.~-
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Exhibit B shows the area on the Applicant'S' property on which the fill is to be 1oca1<d.
~ - '
......--
ANAL YSIS/RECOMMENDATION-
The City Engineer haS field-checked Mr. Balgard's property and recommends!he
following: "
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1. The fill onllle.ast Side of the garage and driveway ShouW be removed and lh:e
previous ~e pattern .should be restored. '\.:' \
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2. Finish grading should result in slopes no steepeLthan 3: 1. ,
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3.':Disturbed ar~ must be reseeded in the spring.
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A Resident~1 Commu~ityon ~ake Minneto;'ka's~outh Shore
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28115 Boulder Bridge Dr.
Shorewood, Mn., 55331
Dec. 17, 1992
To: City of Shorewood:
Last year a water bill did not get to our mailbox, for
whatever reason. We were assessed a penalty, which I
wrote a written objection to. I was added on to the
following bills, with no response, until I wrote another
letter about it. At that time, I received a response that
I would have to pay it, unless I took it up at a city
meeting. Exasperated by the whole process at that time, I
finally said I'd pay it.
That penalty is included in this check. This check is
coming to you after a notice of Disconnect, which we
received on Weds., Dec. 15. I called immediately to ask
what this was all about, and was told we were behind in
the last billing. Again, no bill ever came to our house.
As I told the man in your office, I do not check my billing
records to Validate that every comapny has indeed gotten
their bill to me. When bills arrive, I write checks, and
mail them. I expect that the mail will deliver the bills to
me, and the payments to you. For whatever reason, our bills
seem to have a problem getting from your office to us. I'm
not saying it's your fault, nor am I saying it's mine, if
payments don't get from us to you.
What r do believe is that we should not be the ones to be
penalized because of an error somewhere in the system.
Once again, I'm told that a penalty has been automatically
added to our bill, since we were delinquent. Since that in
itself is_ in error, as we did not receive any billings, I
do not feel, again, that we should be held responsible for
errors beyond us.I would like you to delete the added
penalty, and would like this tracked, to see it it happens
in the future, or if it has happened to anyone else. Twice
in two years is a bit unusual.
I appreciate your time and consideration on this. Should we
be notified that a payment does not get to you, you Ilill be
reissued another payment. Should your bills not reach us, I
believe you should not add on a penalty, without some "human"
consideration, beyond machines and computers, etc..
ThanJc you.
Sincerely,
, ft/lJW'f!1",,~dtL
f/
Mary Mn Roedel
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dk o1Lice. 01. ~mith
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MAYOR
Barb Brancel
COUNCI L
Krist; Stover
Bob Gagne
Rob Daugherty
Daniel Lewis
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236
MEMO
.
TO:
James C. Hurm, Administrator
FROM:
Don Zdrazil, Public Works Director /8 J'
December 31, 1992
DATE:
RE:
Public Works Building - Service Bay Overhead Exhaust System
Bids were received from the following contractors:
.
Mn. Petroleum
$5,695.00
$5,170.00
Egan and Sons
Rouse Mechanical
$6,600.00
Mn Petroleum and Egan and Sons -are both proposing modification of the existing air
exchange duct work, and the controls in a separate area. I question the performance of the
air exchange unit if the existing duct work is modified.
I recommend Rouse Mechanical because it includes a complete system with an independent
blower, and the controls are located directly in the service bay.
A Residential Community on Lake Minnetonka's South Shore
g
SHOREWOOD
.
/ .. 5'"..93
DATE:
TO: 1't\6..i 0 r ~v\.d C ~ + 1 Co,", t\(..:, \
FROM: r::>rA.d tJi t\ ~r\.
MEMO:
ALl_..L J. # a \.""; \l k
T, GUA\ Mt '" \ -,
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SERVICES, IHe.
December 14, 1992
Mr. Jim Hurm
City of Shorewood
5755 Country Club Road
Shorewood, Minnesota 55331
.
Dear Mr. Hurm,
This letter will confirm the meeting of the Lake Minnetonka Recycling Group (LMRG)
and Knutson Services on Friday, December 11, 1992. Our discussions affirmed the
LMRG stance for adjustments to existing reycling contract with mutual agreement being
reached on revenue sharing and collection fee revisions. The language to the
recycling contract shall be amended to read (the changes are in bold italics):
Section 2. Payment
Fees paid for curbside recyling services will reflect an adjustment of $.10 for collection
in 1993 and $.10 for collection in 1994.
EXHIBIT A
.
Curbside - $1.80 per stop per month for weekly collection or $1.55 per
stop for 'bi-weekly collection during calendar year 1993 and
$1.90 per stop per month for weekly collection or $1.65 per
stop for bi-weekly collection during calendar year 1994.
Section 4. Revenue Sharing
Revenue sharing will be continued with section A and B being modified to read:
A. Knutson will pay to the City, on a monthly basis, 2/3 of the
exceeded ULSM price listed below.
GARBAGE and RECYCLING COLLECTIONS
Since 1961
Printed on recycled paper with soy ink, . An Equal Opportunity Employer
[0
MATERIAL
Newspaper- loose, unbaled
Cardboard - loose, unbaled
Glass - mixed, unsorted
Cans - mixed, unsorted
Plastic bottles - mixed, unsorted
ULSM PRIGE PER TON
$ 15.00
$ 20.00
$ 30.00
$570.00
$ 36.00
8. Negative ULSM: Occurs when the ULSM is below zero (unsorted
plastic bottles shall commence at a negative $.075~) resulting
in Knutson having to pay for the disposal of the material. The City will pay
to Knutson 2/3 of the material disposal fees on a monthly basis. The City
reserves the right to require collected materials to be delivered to a
location within the seven county metro area specified by the City.
C. - D. (language unchanged)
.
The provisions to Section 4 will take effect retroactively to July 1, 1992.
The above adjustments are emblematic of the positive working relationship between
Hennepin County, the Cities of the LMRG, and Knutson Services. It will allow for
continuation of the exceptional recycling programs that have been developed.
Knutson Services appreciates your consideration in these matters and assures that
your service expectations will be exceeded.
Respectfu lIy,
-y")\ C'~J.\ 0
Mark Reieren
Sales Manager
.
cc: Paul Kroenig - Hennepin County Recycling
D.F. "Wally" Wall- General Manager - CFO
Dan Schermann - Knutson Material Recovery Facility
.
.
.
.
.
.
1/ 5 / 9 3 . . . DRAFT 3
ORDINANCE NO.
AN ORDINANCE RELATING TO THE REGULATION OF TRANSIENT MERCHANTS,
SOLICITORS, PEDDLERS, CANVASSERS AND GARAGE SALES
section 1. The City Council of the City of Shorewood hereby
establish Chanter 308 of the City Code of Ordinances and' does
ordain as follows:
308.01 SCOPE k~D Pt7POSE. It is the purpose of this Ordinance t~
protect the public health, safety, and welfare of the citizens of
the City of Shorewood by establishing regulations and licensing
requirements for any person whether a resident of the City of
Shorewood or not, intending to conduct business that is not of a
permanent nature. ,<,./ '"-f,, , :1-<," ,,-r, ,''',' ::if: /" -!:-, /'-1~1' -:-r;:,-1-:::"T'I',,..j- k( .[/j;J:
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_ . DEFINITIONS: -- '''-': - I f -~ I
Unless the context clearly indicates otherwise, the words, terms
and phrases as used in Chapter 308 shall have the meanings set
forth in the following paragraphs:
Subd. 1 CANVASSER: Any person canvassing for funds door-to-door in
this City on behalf of a charitable, religious or non-profit
organization as defined in IRS Code Section 501 (c) (3).
Subd. 2 GARAGE SALES: Any isolated or occasional display and sale
of used personal property or home-crafted' items conducted on
residential premises by the occupant or on the premises of a
church. Garage sales shall include rummage sales, basement sales,
yard sales, porch sales, craft sales, and all other periodic sales
at a residential location or church.
Subd. 3 PEDDLER: Any person dealing in this city who travels
around from place to' place, or street to street carrying or
transporting goods, or solicitation for all manner of wares,
services and merchandise, offering the same for sale or making
sales and delivering articles to purchasers.
Subd. 4 SOLICITOR: Any person who goes from place to place and/or
house to house soliciting or taking or attempting to take orders
for the purchase of any foods, wares or merchandise, including
magazines, books, periodicals or personal property of any nature
whatsoever for delivery in the future, or orders for the
performance of a service in or about the home or place of business,
such as furnace cleaning, roof repair or blacktopping.
Subd. 5 TRANSIENT MERCHANT: Any person, individual, partnership,
or corporation, whether principal, employee or agent, who engage
in, do, or transact any temporary or transient business in this
City, either in one locality or travelling from place to place, in
this City, selling goods, wares, and merchandise; and who, for the
purposes of carrying on such business, hire, lease, occupy or use
a building, structure, vehicle, property, or other place for the
exhibition and sale of such goods, wares, and merchandise.
~'\.&'V~tt .~'\i\tc..{.t\...tUvvt.J. ~ct C(IoV\ \ ~-erv cte 't~ '~ -c1..p'tVL
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308.03 LICENSE REOUIRED
It shall be unlawful for any person, firm, or corporation to engage ~
in the activities of peddling, soliciting, canvassing or transient
selling without first having obtained a license in compliance with
the provisions of this Ordinance.
A separate license shall be secured for each individual person
engaged as a peddler, solicitor, canvasser or transient merchant.
Where provisions of this chapter are more or less restrictive than
comparable provisions within any other portion of this code, rule
or regulation of the City, the more restrictive provision, rule or
regulation shall prevail. The City Administrator shall determine
which is more "restrictive" and appeals from such determination may
be made in the manner provided herein.
302. c..;. ~XC"',;....-S:C'~'~S
The City Administrator may determine that certain business
activities that have characteristics similar to those regulated by
this Ordinance may be exempt from the requirements of this
Ordinance. Specific exclusions include:
1. A solicitor or canvasser doing business by appointment. A bona
fide appointment is one made in advance, not one that is not merely
obtained by going door-to-door in conjunction with the taking of
orders, offering for sale or selling.
2. Solici tation of orders for future door-to-door delivery of
newspapers.
3. School children selling items to raise funds on behalf of non-
profit organizations which benefit children, including, but not
limited to schools, scouts, and organized youth groups.
4. Salespersons selling goods to retail or wholesale stores or to
professional or industrial establishments.
5. Any person selling or peddling the products of the farm or
garden occupied and cultivated by such person. 4e\h"1A..QJ~1. ~\J2 ~~"~1tk7
'lJJ ~vIt OYJy,4d' ~ ~>ri t
6. All vendors involved in a community event the city Council
deems exempt.
7. Garage sales, rummage sales, and craft sales, provided that:
a. None of the items offered for sale shall have been
obtained for resale or received on consignment for sale.
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b. Any sale shall be conducted solely within the boundaries
of the property owned or occupied by the occupant who is _
conducting the sale. ~
.
.
.
.
.
c. There shall be no more t:hat: four (4) garage sales
conducted at anyone residence during any period of twelve
(12) calendar months.
d. No garage or rummage sale shall be conducted during any
part of more than three (3) consecutive days.
e. No garage sale may be conducted before 8:00 a.m. or after
10:00 p.m.
f. signage is limited to one (1) nonilluminated temporary
sign, not exceeding six (6) square feet in area, advertising
the garage sale, for which a sign permit is not required. The
sign may be displayed for the duration of the sale only.
308.05 NO FEE FOR CANVASSING - RELIGIOUS. POLITICAL. EDUCATIONAL ~
AND CI-L~.RIT]'_BLE ORG1<.NIZATIONS ~ ~
::..." ~
The fee imposed by this Ordinance does not apply to any ~ ~
organization, society, assoc~at:~on or corporation if such ~ ~~,
organization is registered with the Secretary of state pursuant to 1 ~ ~~
the provisions of Minnesota statutes section 309.51-.52 if such ~ ~ ~
organization intends to solicit or have solicited in its name ~ ~ ~
money, donations of money or property or financial assistance of ~ ~~
any kind, or intends to sell or distribute any item of literature,f' ~ ~
or merchandise for which a fee is charged or solicited from persons s- ~~
other than members of such organizations upon the streets, in ~ 6?~
office or business buildings, by house to house canvass or in ~ ~ '0
public places. To qualify for this exemption, the organization or ~ .~~
individual shall provide a sworn application in writing on a form ~ l
furnished by the City which shall include the following ~~
information: .
1.
~
51,'"
=;> 5'
~.I;;> .~
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Name and purpose of the cause for which the license is sought. ~ ~y
~ ~ 1f
The period during which the solicitation is to be conducted. ~] j
A complete list of those to do canvassing giving full name, J,~~
address and date of birth for review and permit approval by ~~ ~
the Police Department. y ti
Names and addresses of the officers and/or directors of the
organization.
2.
3.
4.
308.06 LICENSE - APPLICATION
The application for the license provided in this section should be
made to the City Administrator by filing the annual license fee and
by completing an application form or forms as provided by said City
Administrator. The application shall include, in addition to such
information as the City Administrator may require, the application
shall include:
1. Name of the applicant and all persons associated in business
in the City.
2.
Permanent
applicant,
applicant.
home
and
address and
permanent:. and
full local address of
local t:.elephone numbers
the
of
3.
A brief written description of the nature of the business,
goods to be sold, and the applicant's method of operation.
4. If employed, the name and address of the employer, together
with credent:.ials establishing the exact relationship.
5. The length of time which the applicant intends to do business
in the City, with the approximate dates.
6.
The location where the goods or property proposed to be sold,
or orders taken for the sale thereof, are manufactured or
produced, where such goods or products are located at the time'
said application is filed, and the proposed method of
delivery.
7 "h - h ~ -'I-. 1 ~ ~ - -, -' -... . . -, (~O) d
. ~ p ol..ograp ~ 0.... ...ue app...........an...., I..aKen W~I......~n s~x...y..., ays
immediately prior to the date of filing of the application,
which picture shall be two (2") inches by two (2") inches
showing the head and shoulders of the applicant in a clear and
distinguishable manner.
A statement as to whether or not the applicant has been
convicted of any crime, misdemeanor or violation of any
municipal ordinance, the nature, place and date of the
offense, and the punishment or penalty assessed therefor.
9. If a vehicle is to be used, a description of the same together
with license number or other means of identification.
8.
.
.
.
10. A statement of the nature, character, and quality of the .
goods, wares, or merchandise to be sold or offered for sale by
applicant, the invoice value and quality of such goods, wares,
and merchandise, whether the same are proposed to be sold from
stock in possession or by sample, at auction, by direct sale,
or by taking orders for future delivery.
11. Transient merchants shall include the addresses of all places
where the business is to be located along with written consent
of the owners or occupants.
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308.07 ISSUANCE OF LICENSE .r1u~;;tv -4rtU'~ v
f)v''1f-V'UM'
There may be a seven-day w~iting period between the application and
issuance of the nse during which period the city Administrator
and Police Chief or designated employee shall make such
investigation of the applicant's business moral character as he
shall deem necessary for the protection of the public good. The
license may be issued by the City Administrator when the foregoing
investigation is completed or within seven days of application,
whichever is earlier.
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Annual Fee - The annual license fee for engaging in a transient
business, peddling, or sOliciting shall be established by ordinance
by the Shorewood City Council from time to tir:ie and shaj,.~ be "t:S
payable a-c the time of application for a license. A license, -
unless revoked, is for the calendar year or part thereof for which
it has been issued. License fees may not be prorated. Upon denial
of any application for a license, the City shall refund 50% of the
annual fee paid.
The issuance of the license shall be denied if the aoolicant has
beenconvic~ed of a felony, a misdemeanor involving moral turpitude
or a violation of Chapter 329, Minnesota Statutes, or of this
Chapter.
308.08 LICENSE FEE AND LICENSURE
308.09 REVOCATION
?er~its and licenses issued under the provls~cns of this Division
may be revoked by the City Administrator for any of the following
causes:
(1) Fraud, misrepresentation, or false statement
contained in the application for license.
(2)
Fraud, misrepresentation,
made in the course of
business.
or false statement
carrying on his
(3) Any violation of this Chapter.
(4) Conviction of any felony or of a misdemeanor
involving moral turpitude.
(5) Conducting the business licensed in an
unlawful manner or in such a manner as to
constitute a breach of the peace or to
constitute a menace to the health, safety, or
general welfare of the public.
Any such license may be revoked without notice if in the opinion of
the City Administrator or the Police Chief the good order of the
City requires such action.
308.10 APPEAL
Any person aggrieved by the action of the City or any person whose
license has been revoked without notice, may appeal to the City
Council by filing, wi thin 14 days after notice of the action
complained of', a written statement setting forth fully the grounds
for appeal. The Council shall set a time and place for a hearing
on such appeal, and notice of such hearing shall be given to the
person appealing by mailing to the address set forth on the
application written notice at least seven days prior to such
hearing.
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308.11 LICENSE LIMITATIONS
1. All license holders are required to exhibit their licenses at
the request of any citizen.
2. No license issued under the provisions of this Ordinance shall
be used at any time by any person other than the one to whom it is
issued.
3. No license holder, nor any person in their behalf, shall
shout, blow a horn, ring a bell or use any sound devices, upon any
of the streets, alleys, parks, or other public places of the City
or upon any private premises in the City.
4. It shall be the duty of any police officer of the city to
require any person seen peddling or engaging in like activities,
and whom is not known to such off icer to be duly licensed, to
produce his license and to enforce the provisions of this ordinance
agains~ any pe~so~ ~~e~ i~ v~claticn c= t~e sa=e.
5. Failure of any person, partnership, or corporation to comply
with any of the ordinances of the City or the laws of the State of
Minnesota shall be grounds for suspending or revoking a license
granted under this Chapter.
6. Door-to-door activities allowed under the provisions
Ordinance shall be restricted to hours between 9:00 am and
.
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308.13 PEDDLERS. CANVASSERS AND SOLICITORS MAY BE PROHIBITED BY .
PLACARD
~1,:';;1
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1. any resident of the City who wishes to exclude peddlers or
?olicitors from premises occupied by said resident may place upon
or near the usual entrance to such premises a printed placard or
sign bearing the following notice: "Peddlers, Canvassers, and
Solicitors Prohibited." Such placard shall be at least 3 1/2
inches long and 3 1/2 inches wide and the printing thereon shall
not be smaller than 1/2 inch in height. No peddler, canvasser or
solicitor shall enter in or upon any premises, or attempt to enter
in or upon any premises, where such a placard or sign is placed and
maintained.
2. No person other than the person occupying such premises shall
remove, injure or deface such placard or sign.
3. Violation of this section shall result in the revocation
duly issued license.
308.13 REGULATIONS - TRANSIENT MERCHANTS
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-"
1. Public Property - It shall be unlawful to sell or offer for
sale any goods, wares, or merchandise on any public lands or public
right-of-way within the City except as provided for in Section .
902.02 of this code.
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2. Prlva~e Prooertv - No translen~ merchant shall sell or offer
for sale any goods, wares, or merchandise within the Commercial
zoning districts within the City from a stationary location on
private property without first obtaining a.conditional use permit
.pursuant to the orovisions of Shorewood' s Zoning Code. It shall be]
unlawful to sell or offer for sale any goods, wares or merchandise
from a stationary location in any noncommercial zoning district.
308.14 VIOLATIONS AND PENALTIES
Any person, either as a principal or agent, who shall in any manner
engage in, transact any business as a convasser, solicitor,
transient merchant, or peddler without having first obtained a
license, or who shall conduct any sale, or who shall sell or offer
for' sale any goods, wares or merchandise in violation of this
Ordinance shall be guilty of a misdemeanor, punishabl~ by a fine of
not more tha $700 or by imprisonment for a period not to exceed 90
days, or both.
Section 2. Summary approved. The City Council hereby determines
that the text of the sUmmary of this Ordinance, attached hereto and
marked "Official Summary of Ordinance No. ", clearly informs
the public of the intent and effect of the Ordinance. The City
Clerk shall publish the title of this ordinance and the official
summary in the official newspaper of the City with notice that a
printed copy is available for inspection during regular office
hours at the office of the City Clerk.
section 3. This Ordinance shall be in full force and effect from
and after its passage and publication.
CITY COUNCIL
day of
ADOPTED BY THE
Minnesota, this
ATTEST:
of
the
city of Shorewood,
, 199_
James C. Hurm, City Administrator
Barbara J. Brancel, Mayor
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CITY OF SHOREWOOD
OFFICIAL SUMMARY OF ORDINANCE NO.
The following is the official summary of Ordinance No. ,
approved by the City Council of the City of Shorewood, Minnesota,
on , 1993:
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SHOREWOOD, MINNESOTA, ESTABLISHING
CHAPTER 308 OF THE CITY CODE OF ORDINANCES RELATING
TO THE REGULATION OF TRANSIENT MERCHANTS, SOLICITORS,
PEDDLERS, CANVASSERS AND GARAGE SALES.
The Ordinance established definitions for businesses of an
non-permanent nature, establishes licensing requirements for
persons or businesses engaged in the activities of peddling,
soliciting, canvassing, or transient selling within the City of
Shorewood. The Ordinance provides exclusions for certain non-
permanent businesses including school children selling items on
behalf of non-profit organizations and limited garage sales. The
Ordinance establishes a fee, license application procedures,
revocation procedures and penalties for violations.
A printed copy of the Ordinance is available for inspection by
any person at the Office of the City Clerk and at the Excelsior
Library.
Barbara J. Brancel, Mayor
ATTEST:
James C. Hurm, City Administrator
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 902.02 SUBD.6,
PARKS AND RECREATION AREAS
Section 1. The City Council of the City of Shorewood hereby amends
section 902.02 Subd. 6 of the City Code of Ordinances and does
ordain as follows:
902.02 Subd. 6: So::':.:::."'::.:-.g Sales: Sell, :;::::':.:::."': or conduct any
Commercial enterprise unless authorized by written permit from the
City Council.
section 2. This Ordinance shall be in full force and effect from
and after its passage and publication.
ADOPTED BY
Minnesota, this
of the city of
, 1993.
Shorewood,
THE CITY COUNCIL
day of
Barbara J. Brancel, Mayor
ATTEST:
James C. Hurm, City Administrator
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rvIEMORA.1\JDU1\1
LARKIN, HOFFl\tAJ'l, DALY & LINDGREN, LTD.
TO:
1500 Norwcst Financial Cantar
7900 Xarxas Avanue Sou:.~
Bloominilon, Minnesota 55431
(612) 835.3800
Mayor B::-ancel
City Council Members
James C. Hu~, City A~~inistrator
Tim Kea~e, City Attorney~
FRO~I:
DATE:
January 6, 1993
RE:
Waterford II! Addition
The Planning Depart~ent was recently contacted by representatives
of Trivesco a~d David Carlson Companies, with a final plan for
development: of the residential component of the Waterford I!I
Addition. I have been asked to review and address procedural
issues as it relates to this proposed submittal.
It is my understanding that the final plan proposed by David
Carlson Companies, provides for a final plat and residential
development that complies with the previously approved planned
unit development (PUD) for Waterford Phase III approved by
Resolution No. 100-90, passed September la, 1990. The final plat
for this portion of Waterford III Addition was approved by the
City Council April 30, 1991. That final plat included the
'platting of two lots for a residential twin home and a large
outlot for subsequent final platting.
The overall development plan for Waterford Phase III is
controlled by the POD Agreement Waterford Phase III dated May 30,
1991 (the Agreement). David Carlson Companies and Trivesco were
advised that although the final development plan presented to the
Planning Department complied with the provisions of the overall
PUD plan and Agreement, the PUD Agreement also provided for a
schedule for the commencement of develooment for installation of
utility improvements. The developer was advised that the
proposed final plan submittal was not consistent with the
schedule of work set forth in section 6 which states in part:
Schedule of Work. It is understood and agreed that the work
shall be performed in multiple stages. The first stage of
residential development shall commence with the construction
of a two-family dwelling in the residential portion of the
project. Such construction shall commence before or during
fall, 1991. The residential portion of the project shall be
completed in four or fewer stages.
/~
In response to this issue raised by the City, Jeremy Steiner
submitted the enclosed letter of December 17, 1992, on behalf of ~
Trivesco. In that letter, Trivesco suggested that, in effect,
the deadlines i~ paragraph 6 of the PUD Agreement were s~spended
pendi~g the consideration of the Rya~/Eyerly's development
proposal. Trivesco fur~he= nc:ed that t~e City, i~i~s 2ecter of
August 21/ 1992, re~~es~ed T=ivesco to co~p:y w~th the
i::stallatic:n -c':?'V':nent of $15, 000 f.=~ c.ark. dedicatio:: as r:crt;=-~ed
... - .. . I .. I .. , ..
under t~e p~w Agreement. Tr~vesco sUDm~tted paYIT.ent as requ~rea
under the PUD Agreement. Pursuant to the Agreement, a final
installment of $15,000 is scheduled to be paid June 1993.
Trivesco submitted a request for an amen~~ent to the PL~
Agreement for Waterford Phase III by way of letter dated
DeceIT~er 28, 1992 (see attached). That amendment, as proposed,
~~~~~r~~~~~noe~~ht~~e"~~;~~~;~i~f ~~~~~o~oo~e~~to~~~~~c~~e~;eOf ~
spring of 1993. The "schedule of ;'orkll for the comm~rcial
a'o=.ve~'-ome""'" "c".L'''':; c"''''''''''-nce''''''y -',.,e s""'.....i......g 0': ~ac:: .......0=. -c....o=.du'e
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for installation of the watermain to the Shady Hills Municipal
Water System would be completed by DeceITber 31, 1993.
I have advised the developer and planning staff that approval of
the requested PUD amendment would be required prior to
consideration of the final plat. I have further advised that the
approval of the PUD amendment would require the same approval as
that of the original PUD and agreement -- by four-fifths vote of ~
the City Council. ~
In the event the City Council does not approve an extension of
the PUD Agreement, the Council should, in the alternative, direct
the preparation for adoption of a resolution repealing the PUD ~
approval. Shorewo9d Code of Ordinances Section 1201.25, Subd. ,.,
6(c) (5) provides in part ". . . In any case where Development
Plan approval expires, the Council shall forthwith adopt a
resolution repealing the General Concept Plan approval and the
Development Stage Plan approval for that portion of the PUD that
has not received Final Plan approval and reestablishing the
zoning and other ordinance provisions that would be applicable. II
This matter will be considered for discussion and possible action
at the City Council meeting of January 11, 1993. Should you have
any questions, please feel free to contact me at 896-3203.
Enclosure
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RESOLUTION NO. - 93
RESOLUTION APPROVING ADOPTION OF k~ AME~~MENT
TO THE PLANNED u~IT DEVELOPMENT AGREEMENT
FOR WATERFORD PF~E III
~~EREAS, the City Council, by Resolution 99-89, passed
November 20, 1989/ granted development stage approval for Waterford
Phase II:, and preliminary plac approval for a plac of the
Property, said plat to be known as Waterford III Addition; and
WF.EREAS, the City Council, by Resolution 100-90/ passed
Septerrber 10/ 1990/ approved as revised preli~inary plat for
IIWaterford III Addition" and development stage plan for Waterford
Phase :II; and
~hEREAS, the City and Developer entered into a Planned Unit
Development Agreement for Waterford Phase III dated May 30/ 1991;
and
WHEREAS, the Agreement provided for the commencement and
completion of certain tasks in section 6 of that Agreement titled
"Schedule of Work"; and
WHEREAS, Developer has re~~ested an extension of the schedule
for commencement and completion of certain tasks pursuant to that
Amended Agreement;
NOW, THEREFORE, BE IT RESOLVED by the City 'Council of the City
of Shorewood to approve the amendment to the Planned UnIt
Development Agreement attached as Exhibit A and incorporated as
part of the Agreement.
PASSED AND ADOPTED BY THE CITY COUNCIL, of the City of
Shorewood this 11th day of January, 1993.
Barbara J. Brancel, Mayor
ATTEST:
James C. Hurm, City Administrator
VESELY, MILLER & STEINER
PROFESSIONAL ASSOCIATION
ATIORNEYS AT LAW
.
JERRE A. MILLER
JEREMY S. STEINER*
WYNN CURTISS
400 NORWEST BANK BUILDING
1011 FIRST STREET SOUTH
HOPKINS, MINNESOTA 55343
JOSEPH C. VESELY (1905-1989)
. Real Property La w S::ecialist,
certified by th: Minnesota State
Bar Association.
612-938-7635
FA.X 612-938-7670
December 28, 1992
James C. Hurm, City Administrator
City of Shorewood
5755 Country Club Road
Shorewood, Minnesota 55331
BY FACSIMIEE AND
CERTIFIED MAIL -
RETURN RECEIPT REQUESTED
Ra: Waterford 3rd
Addition
Dear Mr. Hurro:
.
Enclosed with is letter is a proposed Amendment to the Planned
Unit Development Agreement for Waterford 3rd Addition. It is my
understanding that this matter has been placed on the City Councils
Agenda for its January 11 meeting, and TRIVESCO is requesting the
Councils approval of the Amendment at that meeting.
Please have Tim Keane contact me prior to January 11 with any
questions or comments regarding the Amendment. You should also
notify me if I am incorrect in my understanding that this matter .
has been placed on the Councils agenda for the January 11 meeting.
Very Truly Yours,
!r~~7 SI~_
Jeremy S. Steiner
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cc: Randal Travalia, Robert H. Mason, Inc. - By Facsimile
Timothy Keane, Esq. - By Facsimile
Paul N. Steiner, Steiner & Koppelman
Mark Z. Jones, Highland Properties, Inc.
David Carlson, David Carlson Comapnies, Inc.
Enclosures
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AMENDMENT TO PLANNED UNIT
DEVELOPMENT AGREEMENT
WATERFORD PHASE THREE
The undersigned, TRIVESCO, Minnesota general partnership
("Developer"), and the City of Shorewood, a Minnesota municipal
corporation ("City") hereby agree to amend that certain Planned
Unit Development ~2\greement, Waterford Phase Three (the "PUD
Agreement"), dated May 30, 1991, as follows:
1. Paragraph 6 of the PUD Agreement is hereby deleted and
replaced with the following:
6. SCHEDULE OF WORK. It is understood and agreed that the
work shall be performed in multiple stages. The first
stage of residential development shall commence with
the construction of a two family dwelling in the
residential portion of the Project in the spring of
1993. The first stage of commercial development shall
commence during the spring of 1995. Developer agrees to
connect the proposed watermain which is to be installed
during development of the multi-family residential
portion of the Project, to the Shady Hills municipal
water system on or before December 31, 1993.
Construction of the ground water detention pond shown
on the grading, drainage and erosion control plan
attached hereto as Exhibit D shall be completed during
the construction season of 1993. Prior to the
commencement of each stage of development, the
Developer shall submit a written schedule in the form
of a bar chart indicating the proposed progress
schedule and order of completion of work within the
stage. Upon receipt of written notice from
the Developer of the existance of causes over which
the Developer has no control, which will delay
the completion of the work, the City, at its
discretion, may extend the dates specified for
completion.
I
2. The PUD Agreement shall remain in full force and effect in
all of its terms, covenants and conditions, except as expressly
modified by this Amendment.
I I
EXHIBIT A
In witness whereof, the undersigned parties have executed this .
Amendment effective as of the day of , 1993.
TRIVESCO, a Minnesota general
partnership
CITY OF SHOREWOOD,
MINNESOTA
By Steiner & Koppelman, Inc.
A Partner
By:
Paul N. Steiner
Its Chairman
By:
Barbara J. Brancel
Its Mayor
By Robert H. Mason, Inc.
A Partner
And:
James C. Hurm
Its Administrator
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By:
Randal W. Travalia
Its President
By Highland Properties, Inc.,
A Partner
By:
Mark Z. Jones III
Its President
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STATE OF MINNESOTA)
) ss
COUNTY OF HENNEPIN)
The foregoing
day of
the Mayor
Shorewood,
subdivision
instrument was acknowledged before me this ____
, 1993, by Barbara J. Brancel and James C. Hurm,
and Administrator, respectively, of the. City of
Minnesota, a municipal corporation and political
of the State of Minnesota, on behalf of the City.
STATE OF MINNESOTA)
) ss
COUNTY OF HENNEPIN)
The foregoing
day of
and Koppelman,
Mason, Inc.
Properties,
partnership.
instrument
, 1993, by
Inc. , Randal
and Mark Z .
Inc. on behalf
THIS INSTRUMENT WAS DRAFTED BY:
VESELY, MILLER & STEINER, P.A.
1011 First Street South
Hopkins, Minnesota 55343
Notary Public
was acknowledged before me this ____
Paul N. Steiner, Chairman of Steiner
W. Travalia, President of Robert H.
Jones III, President of Highland
of TRIVESCO, a Minnesota general
Notary Public
VESELY, MILLER & STEINER
PROFESSIONAL ASSOCIATION
DEe I 8
ATIORNEYS AT LAW
JERRE A. MILLER
JEREMY S. STEINER*
WYNN CURTISS
400 NORWEST BANK BUILDING
1011 FIRST STREET SOUTH
HOPKINS, MINNESOTA 55343
JOSEPH C. VESELY (1905-1989)
.
. Real Property Law Specialist,
certifIed by tb: ~inncsota State
Bar Association.
December 17, 1992
612-938-7635
FAX 612-938-7670
James C. Hurm, City Administrator
City of Shorewood
5755 Country Club Road
Shorewood, Minnesota 55331
BY FACSIMILE AND
CERTIFIED MAIL -
RETURN RECEIPT REQUESTED
Re: Waterford 3rd Addition
.
Dear Mr. Hurm:
I represent Trivesco, the owner and developer of Waterford 3rd
Addition. I am writing on behalf of Trivesco to clarify its
position on the status of the Planned Unit Development Agreement
dated May 30, 1991 (the "PUD Agreement") and to request the
modification of Paragraph 6 of the PUD Agreement relative to the
dates for commencement of construction of residential, commercial
and utility improvements.
We believe that the PUD Agreement continues to be a valid .
agreement between the City of Shorewood and Trivesco. This was, in
fact, acknowledged by your letter of August 21 to Trivesco
demanding the 1992 Park Fund payment in the amount of $15,000.00.
In reliance on the City's acknowledgment of the continued validity
of the PUD Agreement, and in furtherance of Trivesco's obligations .
under the PUD Agreement, this payment was made by Trivesco after
the receipt of your letter.
Clearly, the deadlines of Paragraph 6 of the PUD Agreement for
commencement of development and for installation of utility
improvements have not been adhered to bv Trivesco or enforced by
the City. As you know, the reason these d~adlines were not adhered
to is because the City had under consideration the Ryan
Construction Company proposal to develop a portion of Waterford 3rd
Addition with a Byerly's supermarket and related retail
improvements. Since the approval of the Ryan/Byerly's development
would have substantially reduced or eliminated the multi-family
residential component of Waterford 3rd Addition, it was not
possible to proceed with development as contemplated by Paragraph 6
of the PUD Agreement pending final City Council action on the
Ryan/Byerly'S proposal. In effect, the deadlines in Paragraph 6 of
the PUD Agreement were suspended pending this action by the
Council. The suspension of these deadlines by the City is,
demonstrated by the City's failure to notify Trivesco that it .
expected compliance with the deadlines while the Ryan/Byerly'S
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James C. Hurrn, City Administrator
December 17, 1992.
Page 2
development proposal was pending, and is further demonstrated by
your August 21 letter and the City's acceptance of the $15,000.00
payment demanded therein.
Now that the City Council has declined to approve the
Ryan/Bylery's development proposal, it is Trivesco's intention to
proceed with the development of Waterford 3rd Addition
substantially in compliance with the PUD Agreement and the previous
approvals granted by the City Council. In this regard, we are
currently negotiating to sell the multi-family residential portion
of Waterford 3rd Addition to David Carlson Companies, Inc.
("Carlson") for development in the manner contemplated by the PUD
Agreement. We anticipate that Carlson will be submitting an
Application for Final Plat Approval for the 54 twinhome lots
contained in the multi-family portion of Waterford 3rd Addition,
and may be requesting that this Application be placed on the Agenda
for the City Council's January 25 meeting for final plat approval.
Prior to this meeting, Trivesco and the City will need to corne to
an agreement as to the modification of the deadlines contained in
Paragraph 6 of the PUD Agreement. Please contact myself or Randy
Travalia to schedule a meeting for the purpose of discussing the
modifications to the PUD Agreement and to arrange to place this
matter on the City Council's Agenda at the earliest possible date.
Very truly yours,
~n~{ t;;-~
Jeremy S. Stelner
cc: Randal Travalia, Robert H. Mason, Inc. - By Facsimile
Paul N. Steiner, Steiner & Koppelman, Inc. - By Facsimile
Mark Z. Jones, Highland Properties: Inc. - By Facsimile
Timothy Keane, Esq. - By Facsimile
JSS:njj
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January 6, 1993
Mr. Louis Clark, Chair
Metropolitan Waste Control Commission
Mears Park Centre
st. Paul, MN 55101
.
Re: 1993 Estimated Charges for the city of Shorewood
Dear Mr. Clark:
Enclosed please find payment in the amount of $30,795.67 as the
installment for the January, 1993, to the Metropolitan Waste
Control Commission for the City of Shorewood. This installment
payment reflects a lesser amount than that computed under your
invoice based upon the Metropolitan Waste Control Commission
estimates. At the direction of, and subsequent approval by, the
City Council, staff developed an estimate based upon the City's
growth rate and inflationary trends. The estimate is based on the
following:
.
- 1992 MWCC estimated flows (millions)
- 1992 MWCC rate/million gallons
299
$1,156.55
- 1993 MWCC estimated flows (millions)
360
- Shorewood four-year average growth rate
3%
- 1993 Shorewood estimated flows (millions)
adjusted for growth (299 X 1.03)
- 1993 MWCC rate/million gallons (3.85% incr)
308
$1,201.10
The Shorewood estimated flow multiplied by the MWCC rate, less
current value credits, produce the Shorewood estimated current
charge. This charge reflects a reasonable 6.42% increase over the
current charges for 1992.
We have not included in our estimate the MWCC estimates of flow
increases. While the City of Shorewood cannot account for your
13
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Mr. Louis Clark
January 6, 1993
Page Two
substantial increase in flow and resulting discrepancy in
estimates, the City has confidence in the accuracy of its estimates
and is submitting payment to the MWCC on that basis.
Should you have any questions, please feel free to contact me at
474-3236.
Sincerely,
CITY OF SHOREWOOD
Alan J. Rolek
Finance Director/Treasurer
cc: James C. Hurm, City Administrator
Mayor Brancel and Members of the city Council
Timothy J. Keane, City Attorney
"i .....
I
(~
~~/~ ~,,:.:..~ '\
MAYOR
L. H. Haug
COUNCI L
Gera:d Anderson
Douglas Keller
Guy Sasanfar
John Senesca:!
.~I~~~~~e~TOR
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- -
dfj 01 f}OllRCI CPCl!!
4901 Manitou Road, Tanka Bav, Minnesota 55331 (612) 474-7994
FAX 474-6538
January 4, 1993
Honorable Barb Brancel
Mayor, City of.Shorewood
5755 Country Club Road
Shorewood, MN 55331-9827
Dear Public Official:
Many communities recently received notice from the
Metropolitan Waste Control Commission (MWCC) that their
wastewater charges for 1993 will be increasing. The MWCC
currently serves 105 metro municipalities, including 13 in the
Lake Minnetonka area. As you can see from the attached
spreadsheet, Lake Minnetonka area communities have taken the
brunt of the latest increases. For example, Minnetrista's
rates will be increasing 78%, Wayzata's 60%, Tonka Bay's 54%,
Shorewood' s 47% and Spring Park's 46%. Our area has the
distinction of having five of the six largest percentage
increases of all 105 metro communities for 1993. In addition,
many of these same communities have received notice that their
1994 rates are expected to increase 60% or more.
We should all be outraged that the MWCC has, without
justification, dumped additional costs onto our communities
leaving us no choice but to pass along these outrageous
increases to our residents.
This fall, two meetings were held among our cities to discuss
the increases, similar inflow and infiltration problems and
update each other on what each city was doing to address these
problems. We also invi ted representatives from MWCC to
explain their cost allocation and wastewater flow measuring
methods.
The cities of Shorewood and Tonka Bay are both contesting the
MWCC's wastewater flow estimates and I hope other cities in
similar situations are pursuing this matter and not simply
accepting their estimates and sending a monthly check.
Part of the problem with the MWCC is that we do not believe
their wastewater flow estimates are accurate, thus we are
providing more than our fair share of revenue and directly
subsidizing the rest of the system. However, the purpose of
this letter is to focus on the other side of the ledger, i.e.
excessive qrowth in staff and spendinq which also results in
increased sewer charges levied by the MWCC against all cities.
Page Two
January 4, 1993
.
Enclosed you will find excerpts from the MWCC' s 1993 Summary
Budget. You will notice that the MWCC is planning to hire a large
number of staff in 1993, bringing the total number of employees to
1,195. with increases in staff come increases in benefits and
equipment needed for the new employees, further magnifying the
costs. The total increase in employee salaries for 1993 is 5%.
Employee benefits are increasing 13%. Does the MWCC realize the
tough economic times that our entire nation is going through?
While cities are forced to cut budgets, MWCC staffing and spending
continue to grow at an alarming rate. The 1992 Stanton Salary
Survey indicates that many MWCC jobs have the highest pay and
benef its of any comparable government jobs in the Twin cities.
Why? The MWCC has no accountability to its cities and their
constituents. Have you ever seen MWCC employees driving anything
but brand new vehicles? Our experience tells us no. Why? Here
again, lack of accountability. Why should the MWCC try to stretch
their (our) dollars as far as they can when no one is overseeing
them and holding them responsible for their spending decisions.
We all talk about reducing costs and increasing efficiencies. What
incentive does the MWCC have to achieve these two goals?
Something in this system is failing and it is about time that, on
behalf of our residents, we do something to address it. The 1993
budget has been adopted, however, now is the time for us to make
our feelings known not only to the MWCC, but to the Met Council
and, most importantly, our state legislators. We need to explain
to them what is going on with this organization. In addition, we
need to focus on the budget process for 1994 by attending the MWCC
budget meetings and making our feelings known.
.
If we do nothing now, we will all be in a much worse situation in
the future. Now is the time to make your feelings known so that
change can be enacted and this organization held accountable to the
public it is suppose to serve.
Please review the enclosed information and pass it along to other
elected officials and staff in your city. Thank you for your
attention to this matter.
Sincerely,
,~.. ..~AY
. /'. -:;;j .~~
L. .
Mayor
cc/enc: Governor Arnie Carlson
Met Council Chair Dottie Reitow
Senator Ed Oliver
Representative Tom Workman
Senator Gen Olson
Representative Steve smith
Lake area newspapers
Enclosures
EXCERPTS FROM MWCC 1993 SUMMARY BUDGET
Budget Message
We believe the low rate of increase in the
.... -- ._- - ----
operating budget sh2\\'s that '<>'!I'_CQ!!l'preh_ensiy~
oiJlOSUrPrises~:'J!pQ[9~~h i~_h_ell'-ing to control costs.
l~ ~s~lso co~.is.tent with f~l r~p-on~ibili!i:~.at a
time whelLOur state and lQglI.iovemm~It~ are
. emphas~ing fiscal restraint. .".
Our objective is to elim.. in. ate .surprises" for
. .. ---------
the agency andjts customer communities, and
especially~~_tr:nl~_~tp'g)i:.:t~ j~1g~a.s...g in
char.,Kes to_C2m.munitles. We believe the 1993
J)per~ting ~\!Qg.eJ shows ~'!!.t~is ~trategy is work-
--""-
ing. _" . .
Program 3200: To assist with field work as the
NutraUme and N- Viro residual solids re-use pro-
grams grow, the budget permits the RSM pro-
gram to add an environmental scientist. This
would free the current environmental scientist to
manage outreach programs and should reduce
overtime.'$38,280
Program 3200: After two years of funding
through the capital budget while under develop-
ment, the N-Viro program for the southwest area
is funded through the operating budget beginning
1993. $1.4 million
July 21; 1992
. M~or Changes Budgeted in 1993
Prog. 100: Potential funds for information man-
agement initiatives were transferred to the Cllief
Administrator's budget pending review of priori-
ties, costs and benefits by an internal task force.
The candidate initiatives include staff and soft-
ware for automated time and attendance; for net-
work administration and for data base
administration. $243,900
Prog. 2300: The budget total is negative, to reflect
forecasted savings for self-insurance of workers'
compensation (versus purchased insurance). The
budget would allow the MWCC to continue and
expand the self-insurance initiative begun in 1992.
Adds a risk specialist/manager and consulting
~ices for self-insurance, and deletes the fore-
~t~;-vings:' The budget shown in the table
reflects this negative value. ($268,530)
Prog. 2900: Because of the agency's high priority
on equal opportunity and diversity management
activities and the needs generated by the MWCC's
large and decentralized workforce, added staff
was budgeted. in.this ar~inc1uding an ~at
5>J>p~rtUJ:l!ty _~n~uli;-irtllDd an administrative
~~lc~ 574.969
Prog.25oo: The added budget is to add a manager
for fmancial and accounting services. It reflects
the growing significance of fmancial management
for the MWCC. $59,150
Program 5100: The budget..!d_ds an operations
coordiI!.~!2Uin lieu of a l/2-time administrative
asSistant). The intent is to undertake work to free
the administrative manager to monitor training
effectiveness in the department. .$34,875
Program 3901: To provide more management at
the Metro WWTP, add three staff man~erS; de-
lete the operations coordinator and janitor.
$140,861 .
Program 3902: Delete 16 assistant operators
from this program in accordance with labor neg~
tiations and add five staff in accordance with labor
agreement. The budget shown in the table reflects
this negative value. ($577,177)
Program 3902: Budget for secondary N-Viro
handling at Metro WWTP. $40,748
Program 3903: To comply with reporting re-
quirements for air permits at the Metro WWTP,
.r.e.p!~~ p~-time student engineerwithafuU-time
engineering aide. $11,802
Program 3800: To support maintenance in the
expanded regional plant system, the budget would
add a staff en2ineer. $44,982
Program 4100: Add six staff for expansion of
Seneca WWTP, redistributed from other plants
per labor agrecment._ 529~A~8
Program 4200: Start-up of the expanded plant in
1991 produced larger quantities of sludge, which
will be transported to Seneca or Metro for treat-
ment. The budget in 1993 provides for three
additional tl~!Y.ers and two additional leased
trucks. $219,681.
Program 4200: The budget permits the addition
of three star!. to serve plant expansions: two as-
sistant operators and one lubricator. $143,258
Program 3300: The budget would add a 1/2-
time secretary to support the regional maintenance
clerical staff and provide afternoon receptionist
coverage. '$16,380
Program 4800: For the expanded Stillwater
WWTP, ~d an ODerator but delete overtime and
this plant's share of the lead pipefitter. $351~2
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Orr
Schelen
Mayeron &
AsSociates, Inc.
300 Park Place Center
5775 Wavzata Boulevard
Minneapolis, MN 55416-1228
612-595-5775
1-800-753-5775
FAX 595-5773
January 5, 1993
Engineers
Architects
Planners
Surveyors
Honorable Mayor and City Council
City of Shorewood
5755 Country Club Road
Shorewood, MN 55331
.
Re: Lake Linden Road - Preliminary Plans
OSM Project No. 4995.00
Dear Mayor and Council Members:
We have completed a preliminary plan of Lake Linden Road to determine right-of-way
requirements and for public input and discussion purposes. We have sent the design to
MnDOT for their preliminary comments regarding the design and suitability for MSA
funding. A colored copy of this plan will be hanging in the conference room at City hall
for your review if desired.
At this stage, we simply are looking for Council and public input on the proposed plan.
We would like to briefly discuss it at the Council meeting, and perhaps agree upon a
date for a public information meeting.
. Sincerely,
ORR-SCHELEN-MA YERON
& ASSOCIATES
#~
Joel A. Dresel, P.E., L.S.
City Engineer
15~-J
Equal Opportunity Employer
South Lake Minnetonka Public Safety Department
810 Excelsior Blvd
Excelsior, MN 55331
(612) 474-3261
M~MQRAMQ~M
TO:
James C. Hurm, City Administrator
FROM:
Lt. John Hodgdon
DATE:
December 22, 1992
RE: Excelsior Boulevard
The following traffic surveys were conducted on Excelsior
Boulevard per your request in your memorandum dated December 14,
1992.
On December 15, 1992 a survey was conducted at the intersection
of Hooper Lake Road and Excelsior Boulevard from 1624 hours until
1650 hours for both the eastbound and westbound traffic lanes of
Excelsior Boulevard. During this period forty two vehicles were
counted with all vehicles except one being within the tolerated
speed level. One vehicle was cited for speed of forty four miles
per hour in the posted thirty miles per hour zone.
On December 16,1992 a second survey was conducted at the
intersection of Hooper Lake Road and Excelsior Boulevard from
1020 hours until 1055 hours for both the eastbound and westbound
traffic lanes of Excelsior Boulevard. During this period twenty
four vehicles were counted with only one vehicle at the posted
thirty miles per hour. All other vehicles were between twenty
miles per hour and twenty eight miles per hour.
On December 21, 1992 a third survey was conducted from the
driveway located at 19955 Excelsior Boulevard between 0608 hours
until 0645 hours for both the eastbound and westbound traffic
lanes of Excelsior Boulevard. Sixteen vehicles were counted with
a speed range of twenty four miles per hour to thirty six miles
per hour. A second survey was also run on this date from the
driveway located at 20145 Excelsior Boulevard between 1121 hours
and 1150 hours for both the eastbound and westbound traffic lanes
of Excelsior Boulevard. During this period twenty vehicles were
counted with a speed range of twenty three miles per hour to
thirty seven miles per hour.
.
.
I~~-/
.
.
Page 2
James C. Hurm
On December 22, 1992 the final survey was conducted from the
driveway located at 19955 Excelsior Boulevard between 0720 hours
to 0740 hours for both the eastbound and westbound traffic lanes
of Excelsior Boulevard. During this period twenty three vehicles
were counted with a speed range of twenty one miles per hour to
thirty one miles per hour.
At this time this agency does not find a significant traffic
problem on Excelsior Boulevard. We do realize that there are
occassional speeding vehicles on the roadway as there are on any
roadway. There has been some increase in the volume of traffic
on this roadway due to the closure of the exits in the area from
State Highway #7 but at this time it appears that this traffic is
only that which is servlcing the residential area.
Also at this time we do not feel that the volume of traffic on
this roadway warrants any significant changes. The simplest
solution for reducing the volume of traffic on Excelsior
Boulevard if that is your goal would be to make the State Highway
#7 and Old Market Road intersection a four way intersection which
would connect Saint Alban's Bay Road to State Highway #7. This
change would allow the residential area's to the north to be
serviced by this intersection and would greatly reduce the use of
Excelsior Boulevard and the already overcrowded intersections of
State Highway #7/Vinehill Road and State Highway # 7/Christmas
Lake Road.
MAYOR
Barb Brancel
COUNCI L
Kristi Stover
Bob Gagne
Rob Daugherty
Daniel Lewis
.
CITY OF
SHOREWOOD
MEMO TO:
5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236
Mayor and City Council
FROM:
James C. Hurm, City Administrator
.~
DATE:
November 20, 1992
RE:
Organizing to Meet Issues Facing the City Council in 1993
In order to limit the number of meetings which might otherwise be 4It
required the City Council might like to consider a Council
Committee concept for the coming year.
The Planning Commission Liaison could work with one other Council
member on each of the Comprehensive Plan elements. Example:
1) Land Use, Environment, Housing - Planning Commission
Liaison and Mayor
2) Transportation - Planning Commission Liaison and Council
member #1
3) Community Facilities (storm water, sanitary sewer, water)
~ Planning Commission Liaison and Councilmember #2
4)
Community Facilities (buildings and parks) - Planning
Commission Liaison and Park Commission Liaison
4It
Each member of the Council could assume the responsibili ty of
working with staff on one section of the C.I.P. document. For
example, sections could be divided up as follows:
Water - Rob ?
streets - Bruce ?
storm Water - Dan ?
Sanitary Sewer - Kristi ?
Public Safety Issues - Barb ?
Parks - Park Liaison
Each Councilmember would then be responsible to see that all issues
in their section was addressed by the Council.
JCH.al
A Residential Community on Lake Minnetonka's South Shore
15E~
CHBCK APPROVAL LIST ~OR JANUARY 11, 1993 COUNCIL MEBTING
CK NO TO WHOM ISSUED
CHECKS :+SUED SX.CS DSCBMB115. 1992
10527-28 Void
10529 (G) Bryan Rock producst
10530 (G) Mr. John J. Dipietro
10531 (G) Eden prairie Ford
10532 (G) Fina Fleet Fueling
10533 (G) Franklin Order Dept.
10534 (G) Fred Pryor Seminars
10535 (G) Metro Area Mngmt Assoc
10536 (G) Miller Brothers Exc.
10537 (G) Minnegasco, Inc.
10538 (G) Northern States Power
10539 (G) Pepsi Cola Company
~0540 Void
~0541 (G) Daniel Randall
10542 (G) Superamerica
10543 (G) US West Communications
10544 (G) Waste Managment
10545 (G) Konrad Wurm
10546 (G) Mr. Timothy Zgraggen
10547 (L) Bellboy Corporation
10548 (L) Boyd Houser Candy/Tob
10549 (L) Midwest Coca-Cola
10550 (L) Day Distributing
10551-2 Void
10553 (L) East Side Beverage
10554' (L) Griggs, Cooper and Co.
10555 (L) Hoops Trucking
10556 (L) Johnson Brothers Liquor
~0557 (L) Mark VII Distributing
"'0558 (L) Mn Bar Supply
10559 (L) Mn Dept of Public Sfty
10560 (L) Mn victoria oil Co.
10561 (L) North Star Ice
10562 (L) Paustis and Sons
10563 (L) Pepsi Cola Company
10564 (L) Ed Phillips and Sons
10565 (L) Pogreba Distributing
10566 (L) Quality Wine/Spirits
10567 (L) Thorpe Distributing
10568 (L) Weekly News, Inc.
10569 (G) AFSCME Local #224
10570 (G) James Hurm
10571 (G) Petty Cash
10572 (G) Kenneth Potts
10573 (G) Anne Latter
10574 Void
10575 (G) First State Bank
10576 (G) Commiss of Revenue
10577 (G) Pera
CONTINUED NEXT PAGE
PURPOSE
Street supplies
Recycling award
Vehicle maint supplies
Gasoline purchases
Office supplies
Registration-Nielsen, Helgesen
Conf regist-Hurm, Latter
Release of escrow
Utilities
utilities
Pop machine rental
Sec 125 reimbursement
Gasoline purchases
Telephone svcs/advertising
Waste removal
Release of escrow
Postage reimbursement
Liquor purchases
Misc and supplies purchases
Misc purchases
Beer and mise purchases
Beer and misc purchases
Liquor and wine purchases
Liquor and wine purchases
Liquor and wine purchases
Beer and misc purchases
Misc and supplies purchases
1993 Buyers Card
Fuel oil
Misc purchases
Wine purchases
Misc purchases
Liquor and wine purchases
Beer and misc purchases
Liquor and wine purchases
Beer and misc purchases
"Advertising
Payroll deductions
Mileage/expense reimbursement
Petty cash reimbursement
Oct/Nov prosecuting fees
Mileage/expense reimbursement
PaYroll deductions
Payroll deductions
Payroll deductions
-1-
AMOUNT
6.97
225.00
92.11
279.92
21.20
198.00
30.00
1,250.00
70.55
1,667.53
10.65
252.04
334.22
346.69
283.00
500.00
34.85
3,344.90
1,968.07
513.94
5,455.30
10,065.85
7,129.57
360.50
3,052.90
4,641.31
205.20
20.00
92.88
233.40
159.20
678.65
2,065.13
3,651.95
1,950.05
10,986.00
291.00
131.60
52.93
62.10
2,916.66
29.58
5,920.20
1,002.70
1,996.01
CK NO
CHBCK APPROVAL LIST FOR JANUARY 11, 1993 COUNCIL KBBTING
TO WHOM ISSUED
PURPOSE
CHBCKS ISSUBD SINCB DBCEMBBR 15. 1992 (continued)
10578
10579
10580
10581
10582
10583
10584
10585
10586
10587
10588
10589
10590
10591
10592
10593
10594
10595
10596
10597
10598
10599
10600
10601
1Q602
10603
10604
10605
10606
10607
10608
10609
10610
10611
10612
10613
10614
10615
10616
10617
10618
10619
10620
10621
10622
10623
10624
10625
10626
(G)
(G)
(G)
(G)
(G)
(G)
(G)
(L)
(L)
(L)
(L)
(L)
(L)
(G)
(G)
(G)
(G)
(G)
(G)
(G)
(G)
(G)
(G)
(G)
(G)
(G)
(G)
(G)
(G)
(G)
(G)
(G)
(G)
(G)
(G)
(G)
(G)
(G)
(G)
(G)
(G)
(G)
(G)
(G)
(G)
(G)
(G)
(G)
ICMA Retirement Trust
City cty Credit Union
Anoka cty Spt/Collectn
Wendy Davis
Bradley Nielsen
Northern States Powers
Joseph Pazandak
Bellboy Corporation
Griggs, Cooper and Co.
Johnson Brothers Liquor
Ed Phillips and Sons
Quality Wine/Spirits
Commiss of Revenue
James Hurm
Brad:J.ey Nielsen
US pc:k;tmaster
Void
Abel Heating, Inc.
Boyer Truck Parts
City of Chanhassen
Contact Mobile Commun.
Mr/Mrs Charles Cox
Crosstown OCS
Wendy Davis
Harold Dircks
Driskill's SV
EOS Architecture
City of Excelsior
Gopher Sign Company
Hance Hardware
Hamline University
Patricia Helgesen
Hennepin Technical Clg
Hennepin cty Treasurer
Hennepin cty Treasurer
Hokanson Plumbing
Hopkins Parts Company
James Hurm
JE Parranto Assoc.,Inc.
Life and Safety
Lyman Lumber Company
M-V Thermogas Co.
Cellular Telephone Co.
Minnegasco, Inc.
Mtka Community Svcs
Mtka Country Club
Mtka Portable Dredging
Navarre True Value
Bradley Nielsen
CONTINUED NEXT PAGE
PaYroll deductions
PaYroll deductions
Payroll deductions
Section 125 reimbursement
Sec 125 reimbursement
utilities
prot insp mileage
Liquor p~rchases
Liquor,wine,misc purch
Liquor and wine purchases
Liquor and wine purchases
Liquor,wine,misc purch
November 1992 sales tax
Sec 125 reimbursement
Mileage reimbursement
Sewer notice postage
Pumphouse maint.
Vehicle maint supplies
oct-animal control
Radio installation svcs
Recycling award
City hall coffee supplies
Sec 125 reimbursement
Council meeting taping
Luncheon meeting supplies
PW Facility eng svcs
Signal It util/swr chgs
Street signs
Maint supplies
Seminar reg-Hurm
Sec 125 reimbursement
Inspector recertif-Niccum
Election supplies
Mailing labels
Water meter refund
Vehicle maint supplies
Sec 125 reimbursement
Appraisal svcs
First aid supplies
Voting equip maint supplies
Propane tank refill
Cellular phone air time
utilities
1992 recreation program
Appreciation party
CUlvert cleaning
Misc maint supplies
Sec 125 reimbursement
-2-
AMOUNT
616.28
965.00
110.59
66.67
140.00
1,329.85
94.86
3,859.18
7,301.24
6,020.91
3,198.36
1,303.16
9,328.6JA
83.95'W
269.64
318.19
408.07
47.57
917.00
724.69
50.00
70.50
121.50
60.00
28.00
482.21
1,804.17
18.8.7
39.3
35.00
1,001.46
40.00
305.90
37.50
125.00
497.76
396.02
1,045.00
67.76
58.77
168.00
46.12
1,246.00
3,915.86
923.20
1,230.00
264.45
184.00
CK NO
CHECK APPROVAL LIST FOR JANUARY 11, 1993 COUNCIL MEETING
TO WHOM ISSUED
CHECKS ISSUED SINCE DECEMBER 15. 1992 (continued)
PURPOSE
10627
10628
10629
10630
10631
10632
10633
10634
10635
10636
10637
.10638
. 0639
0640
10641
10642
10643
10644
10645
10646
10647
10648
10649
10650
10651
10652
10653
10654
.0655
0656
10657
10658
10659
10660
10661
10662
10663
10664
10665
10666
10667 (G)
(G)
(G)
(G)
(G)
(G)
(G)
(G)
(G)
(G)
(G)
(G)
(G) .
(G)
(G)
(L)
(L)
(L)
(L)
(L)
(L)
(L)
(L)
(L)
(L)
(G)
(G)
(G)
(G)
(G)
(G)
(G)
(G)
(G)
(G)
(G)
(G)
(G)
(G)
(G)
Northern cties See Svc
Northern States Power
Joseph Pazandak
Power Brake/Equipment
Sears Commercial Credit
Shorewood Tree Service
Springsted
Terminal Supply Co.
Twin City Water Clinic
US West Communications
Vessco, Inc.
Mr. Mark Warren
WMI Svcs.of Mn
Zack's Industrial Sply
Bellboy Corporation
Griggs, Cooper and Co.
Johnson Brothers Liquor
Mark VII Distributing
Mn Bar Supply
Mn victoria oil
Ed Phillips and Sons
Quality Wine/Spirits
Thorpe Distributing
City cty Credit Union
Void
First state Bank
Commiss of Revenue
Pera
ICMA Retirement Trust
Child Suppt Enforce.
Anoka cty Spt/Collect.
Abel Heating Inc.
Randie Berg
Bitmunious Roadways
City of Chanhassen
Concrete Sawing Inc.
Excelsior Florist
Commiss of Transport.
Susan Niccum
Orr, Schelen, Mayeron
and Assoc.
Red Wing's Mobil Svcs
CONTINUED NEXT PAGE
Minutes
utilities
See 125/mileage reimbursement
Vehicle maint supplies
PW bldg blinds
Light shields installation
Financial services
Shop supplies
Nov water testing
Telephone services
Well maint supplies
Release of escrow
Warming house rental
Cathcart wh broom
Liquor purchases
Liquor,wine,misc purchases
Liquor and wine purchases
Beer and mise purchases
Mise and supplies purc~
Fuel oil
Liquor and wine purchases
Liquor,wine,misc purch
Beer purchases
Payroll deductions
Payroll deductions
Payroll deductions
Payroll deductions
Payroll deductions
Payroll deductions
Payroll deductions
Gas piping
Parks mileage
Street supplies
Nov animal control
Drill holes-key lock box
Apprec dinner flowers
Relamping svcs
See 125 reimbursement
Nov eng svcs
develop
on going
general
freeman pk
pw site
old mkt rd
church rd
lift stns
Tire repair
1133.44
916.88
6945.54
5000.00
3000.32
35.44
1575.12
672.75
-3-
AMOUNT
530.85
606.12
214.50
15.98
422.62
103.84
610.00
18.10
20.00
194.08
93.7~
2,050.00
400.00
9.50
4,622.28
9,525.35
6,048.80
3,113.96
203.86
106.86
3,665.93
3,465.71
3,875.45
965.00
6,109.05
1,032.20
2,037.09
618.28
87.50
110.59
798.80
3.64
845.99
967.00
150.00
86.80
181.56
212.56
19,279.49
18.50
CHECK APPROVAL LIST FOR JANUARY 11, 1993 COUNCIL MEETING
CK NO TO WHOM ISSUED PURPOSE AMOUNT
CHECKS ISSUED SINCE DECEMBER 15. 1992 . (Continued)
10668 (G) Suburban Tire Co. Truck tires 598.16
10669 (G) Sullivan Utility Svcs . Sump pump cleaning 101.99
10670 (G) Unitog Rental Svcs Uniform rentalsvc 456.65
10671 (G) US West Communications Telephone/advertising svc 650.78
10672 (G) Ziegler, Inc. Cutting edges 1,172.97
10673 (G) DMJ Corporation Asphalt curbing 827.75
10674 Void
10675 (L) Mn Dept of Pub Safety Advertising fine 100.00
10676 (G) Bradley Nielsen Sec 125 reimbursement 40.00
.
TOTAL GENERAL
80,711.02
TOTAL LIQUOR
122.605.46
TOTAL CHECKS ISSUED
203.316.48
.
-4-
CK NO
CHECK APPROVAL LISTING FOR JANUARY 11, 1993 COUNCIL HEETING
CHECKS FOR COUNCIL APPROVAL
TO WHOM ISSUED
10677
10678
10679
10680
10681
10682
10683
10684
10685
10686
10687
10688
Ao689
~0690
10691
10692
10693
10694
10695
10696
10697
10698
10699
10700
10701
.
Void I
American Engineering
Assoc of Metro Municip.
J Reinhart/Assured Offc
BRC Elections
Champion Auto
Crosstown OCS
Rolf E.A. Erickson
Gov Financ~Officrs
Henn cty Tr asurer
Knutson Se ices
Lk Mtka Conserv Distct
Metro Area Mgmt Assoc
Midwest Business Prod.
Mn Pub Empr Lbr Rltn Assoc
Mn Sun Publications
Mtka Country Club
Munitech, Inc.
Pera
smith Office Equip
Source Microfilm Svcs
SLMPSD
Sensible Land Use Coalitn.
City of Tonka Bay
Tonka Printing
PURPOSE
Public works eng svcs
1993 dues
Janitorial svcs
Voting machine maint contract
Shop supplies
Coffee supplies
Jan contract payment/supplies
1993 newsletter subscript
Truth in Tax. svcs
Dec recycling fee
1993 dues
1993 dues
Office supplies
1993 dues
Publishing
Deposit-Gagne dinner
Jan contract payment
Addtl per a-Gagne
Computer maint contract
Microfilming services
Nov booking fee
1993 dues
Sprinkler permit-pw bldg
stationery supplies
TOTAL CHECKS FOR APPROVAL
TOTAL CHECK APPROVAL LIST
"
-5-
AMOUNT
7,818.25
1,673.00
236.00
712.50
19.54
70.50
3,127.00
55.00
380.14
3,677.10
12,865.00
15.00
134.17
125.00
112.56
200.00
6,200.00
92.81
1,591.50
1,030.64
128.82
75.00
300.00
767.43
14.406.96
244.723.44
CHECK APPROVAL LISTING FOR JANUARY 11, 1993 COUNCIL MEETING
CK NO TO WHOM ISSUED HOURS
CHECK REGXSTER FOR DECEMBER 15. 1992 PAYROLL
206864 Void
206865 (L) Scott Bartlett 10.0 reg hours 57.71
206866 (G) Charles Davis 82.0 reg hOlirs-3.5 ot 728.12
206867 (G) Wendy Davis 80.0 reg hours 21.52
206868 (L) Julie Dunn 16.25 reg hours 84.79
206869 (L) Cory Frederick 42.5 reg hours 231.97
206870 (L) John Fruth 22.5 reg hours 117.47
206871 (G) Patricia Helgesen 80.0 reg hours 722.96
206872 (G) James Hurm 80.0 reg hours 1,493.60
206873 (L) Brian Jakel 31.0 reg hours 170.64
206874 (G) Dennis Johnson 80.0 reg hours-2.5 ot 789.29
206875 (L) Loren Jones 8.0 reg hours 41.74
206876 (L) Martin Jones 24.0 reg hours 105.23.
206877 (L) William Josephson 80.0 reg hours 629.07
206878 (L) Mark Karsten 24.0 reg hours 131.86
206879 (L) Sandra Klomps 10.0 reg hours 48.48
206880 (G) Anne Latter 80.0 reg hours 835.34
206881 (L) Susan Latterner 37.5 reg hours 224.98
206882 (G) Joseph Lugowski 84.0 reg hours-4.5 ot 740.69
206883 (L) Russell Marron 33.5 reg hours 186.96
206884 (G) Lawrence Niccum 80.0 reg hours-7.6 ot 863.65
206885 (G) Susan Niccum 80.0 reg hours-1.25.ot 712.36
206886 (G) Bradley Nielsen 80.0 reg hours 937.92
206887 (G) Joseph Pazandak 80.0 reg hours 1,006.82
206888 (L) David Peterson 8.0 reg hours 42.11
206889 (G) Daniel Randall 80.0 reg hours-2.5 ot 799.64
206890 (L) Brian Roerick 16.0 reg hours 88.48
206891 (G) Alan Rolek 80.0 reg hours 1,098.67
206892 (L) Brian Rosenberger 35.5 reg hours 184.01.
206893 (L) Christopher Schmid 80.0 reg hours 410.47
206894 (G) Howard Stark 80.0 reg hours 677.16
206895 (G) Beverly Von Feldt 80.0 reg hours 563.30
206896 (G) Ralph Wehle 82.0 reg hours 633.46
206897 (L) Dean Young 80.0 reg hours 614.00
206898. (G) Donald Zdrazil 80.0 reg hours 1.153.42
TOTAL GENERAL 13,777.92
TOTAL LIQUOR 3.369.97
TOTAL PAYROLL 17.147.89
-6-
'>.
CHECR APPROVAL LISTING FOR JANUARY 11, 1993 COUNCIL MEETING
CK NO TO WHOM ISSUED HOURS AMOUNT
CHECR REGISTER FOR DECEMBER 29. 1992 PAYROLL
206899 (G) Howard Stark 80.0 reg hours-4 ot 712.1.7
206900 (G) Dennis Johnson 80.0 reg hours-3 ot 795.97
206901 (G) Beverly Von Feldt 80.0 reg hours 563.3.0
206902 (G) Alan Rolek 80.0 reg hours 1,098.67
206903 Void
206904 (L) Scott Bartlett 16.0 reg hours 92.35
206905 (G) Randie Berg 11.5 reg hours 63.72
206906 (G) Eric Chiles 8.0 reg hours 40.63
206907 (G) Jeff Chiles 6.5 reg hours 33.01
206908 (G) Charles Davis 80.0 reg hours-.5 ot 583.21
.206909 (G) Wendy Davis 80.0 reg hours 21.503
206910 (L) Julie Dunn 29.5 reg hours 152.24
206911 (L) Cory Frederick 37.0 reg hours 203.32
206912 (L) John Fruth 17.5 reg hours 95.1.8
206913 (G) Patricia Helgesen 80.0 reg hours 722.97
206914 (G) James Hurm 80.0 reg hours 1,493.60
206915 (L) Brian Jakel 29.5 reg hours 163.82
206916 (L) Loren Jones 13.0 reg hours 66.42
206917 (L) Martin Jones 18.75 reg hours 77.83
206918 (L) William Josephson 80.0 reg hours 629.07
206919 (L) Mark Karsten 32.5 reg hours 173.86
206920 (L) Sandra Klomps 2.0 reg hours 9.70
206921 (G) Mary Beth Knopik 27.5 reg hours 151.02
206922 (G) Anne Latter 72.0 reg hours 758.93
206923 (L) Susan Latterner 37.0 reg hours 199.03
206924 (G) Joseph Lugowski 82.0 reg hours-13 ot 930.62
206925 (L) Rusell Marron 31.0 reg hours 172.15
.06926 (G) Lawrence Niccum 80.0 reg hours-13.75 ot 894.11
206927 (G) Susan Niccum 80.0 reg hours 695.27
206928 (G) Bradley Nielsen 80.0 reg hours 937.92
206929 (G) Joseph Pazandak 80.0 reg hours 1,006.81
206930 (G) Daniel Randall 8080.0 reg hours-11.5 ot 919.82
206931 (L) Brian Roerick 8.0 reg hours 46.17
206932 (L) Brian Rosenberger 45.0 reg hours 226.38.
206933 (L) Chris Schmid 80.0 reg hours 410.47
206934 (G) Ralph Wehle 80.0 reg hours-7 ot 708.95
206935 (L) Dean Young 80.0 reg hours 614.00
206936 (G) Donald Zdrazil 80.0 reg hours 1.153.42
TOTAL GENERAL 14,285.65
TOTAL LIQUOR 3.331.99
TOTAL PAYROLL
17.617.64
-7-
NOT:ICE
C:ITY OF SROREWOOD
C:ITY COUNC:IL
MONDAY, JANUARY 11, 1993
CONFERENCE ROOK
5755 COUNTRY CLUB ROAD
6:00 PM
AGENDA
1. Planning commission :Interviews.
2. Adjourn :Interviews and Regroup into the council Chambers for
the Regular city council Keeting.
JCR.al
12/21/92
~
CITY OF SHOREWOOD
PARK COMMISSION MEETING
TUESDAY, DECEMBER 8, 1992
SHOREWOOD CITY HALL
5755 COUNTRY CLUB ROAD
7:00 P.M.
MINUTES
CALL. TO ORDER
Chairman Wilson called the meeting to order at 7:00 p.m.
ROLL CALL
Present: Chairman Wilson, Commissioners Lindstrom, Laberee, Mast,
McCarty and Andrus; Administrator Hurm; and Secretary
Niccum
APPROVAL OF MINUTES
Lindstrom moved, seconded by Andrus, to approve the minutes of
Tuesday, November 24, 1992 as written. Motion carried - 3 ayes -
3 aostain (Mast, Mccarty and Laberee).
CONSIDERATION OF DRAFT RESOLUTION FROK HENNEPIN COUNTY PARK BOARD -
"SAMPLE DRAFT - CITY OF .................. - RESOLUTION OF SUPPORT
- LIGHT RAIL TRANSIT/INTERIK REGIONAL RECREATION TRAIL CORRIDOR"
Del Miller, Hennepin County Parks Trails Coordinator, was present
to update the Commission. He said that, although the Hennepin
county Railroad Authority is a separate organization, Hennepin
County Parks became involved because the Railroad Authority was
concerned about what was happening on the corridor, what people
. were doing with and without permits. The Railroad Authority did
not have the personnel to work on it so Hennepin County Parks
agreed to do so. Both organizations felt that a trail was the only
solution. Hennepin county Parks felt they didn't have a "working
relationship with a lot of cities, and this was a good opportunity
to develop one. He said Barton-Ashman, who has a good knowledge of
trails, is working on the plan. There is $250,000 available at
this time. Barton-Ashman will come back with a cost estimate in
January or February.
Miller said they want to work with the cities on construction and
an operating agreement. He said some of the issues would be a
uniform curfew, and horses and snowmobiles. He said snowmobiles
would not be a problem if they were at the end of the trail, but if
they were allowed in a city sandwiched in between two cities that
do not allow them , it could be a problem. He also said if
snowmobiles continue to operate in some cities, it would be nice if
they had the same operating times.
r
SHOREWOOD PARK COMMISSION MINUTES
TUESDAY, DECEMBER 8, 1992 - Page two
Problem areas:
.
Hopkins - 8th Avenue - parking - hard sand and dirt
surface - Action Rental/Town and Country Dodge area
101 crossing
.
.
Deephaven Carson Bay Bridge
considering widening it
Greenwood - pretty narrow - needs widening - 230' where
railroad bridge was removed they are looking at
attaching a bike bridge to the st. Albans Bay bridge - it
would need an arch to allow boat traffic to pass beneath
it.
a little narrow -
.
.
Excelsior - LYman Lumber/Mill area - the retail part of
LYman will be moving, ABC component will occupy the space,
this will help some but ABC will still have semi's
unloading.
.
Shorewood - County Road 19 crossing
Highway 7 crossing - average speed of cars is 63 mph.
.
Miller said the permit ends at Highway 5 but the trail will extend
to Victoria, and end at the park.
Lindstrom said he felt the Highway 7 crossing was most dangerous,
and asked if a tunnel could be put in under the Highway. Miller
said with the water table the way it is in that area, when they try
to tunnel down that deep they tend to hit water. He said Barton-
Ashman is also concerned. He said they considered a bridge over
the highway but the cost was estimated at $300,000-400,000.
Miller explained that what they are trying to do is to coordinate
things so there would be continuity from Hopkins to victoria. He
said Hennepin County would pick up the operating and managing
costs.
Mast asked if the City of Shorewood would then lose the governing
of the trail. Miller said the trail would be patrolled by a horse-
mounted patrol. If the city wanted to continue maintenance,
instead of having it done, there shouldn't be any problem with
doing it that way.
Miller did say that if ci ties chose not to participate, that
Hennepin County Rail Road Authority could revoke the city's permit
if they chose to do so.
,
SHOREWOOD PARK COMMISSION MINUTES
TUESDAY, DECEMBER 8, 1992 - paqe three
Lindstrom asked if the trail would be black-topped. Miller said
not at this time, as it is an interim trail. He said that the
present surface is actually safer when wet.
They would like the supportive Resolution passed to help in
competing for funding. They asked that we submit it by March 1993
at the latest.
Laberee said he would like time to talk to some other cities.
staff reminded him that Minnetonka has already submitted their
Resolution supporting the issue. Miller said the City of
Minnetonka has trash containers and benches along their portion of
the trail.
Constance Wiebe, 5457 Mallard Lane, stated she was in favor of
having Hennepin County Parks take over the trail. She said the
trail could do with less signage. She also said she had a concern
with snowmobiles, they seem to create a lot of problems, includinq
noise and air pollution. She said the trail could use additional
patrolling in general.
Miller pointed out that the residents. of the City pay taxes for the
services being offered. He told the Commission if they have any
questions to have Jim Hurm call him.
PARK COMMISSION RECOMMENDATION FOR CHAIR AND VICE CHAIR - 1993
~:
Lindstrom said he felt that during the implementation of the Park
Plan the Commission would meet a lot of new people that are
interested in parks, and would be good potential future Park
Commissioners.
REPORT ON ADOPTED PARK CAPITAL IMPROVEMENT PLAN
Administrator Hurm said the Council adopted the 5 Year Park Capital
Improvement Plan and the Alternate Plan. He said there is a
tremendous amount of work to be done, and the Commission needs to
think about it and talk about it. He said some of the things to
consider are project management, buildings, and playgrounds.
The Commission returned their surveys for tabulation.
discussed who would do the tabulation. Mccarty will.
They
"
,
",
SHOREWOOD PARK COMMXSSXON KXNUTES
TUESDAY, DECEMBER 8, 1992 - Page four
The commission will meet on January 5, 1993, to discuss the survey
results.
The Commission discussed the cost of a park improvement bond
issue. If it cost the resident $50 a year, that would be $.14 a
day. If it cost the resident $25 a year, that would be $.07 a day.
The Commission discussed various methods of handling the bonding,
15 or 20 years; even debt service or even principal paYments.
.--
~
MATTERS FROM THE FLOOR
wilson said there is trail damage. He said it is a small vehicle
that can fit between the bollards, possibly a Bronco or similar
vehicle. Hurm said he asked Public Works to talk to the neighbors.
He will check and see if this was done.
ADJOURNMENT
Laberee moved, seconded by Lindstrom, to adjourn at 10: 10 PM.
Motion carried - 6/0.
RESPECTFULLY SUBMITTED,
Susan Niccum
Park Secretary
RESOLUTION NO.
1 -93
A RESOLUTION MAKING APPOINTMENTS TO CERTAIN OFFICES
AND POSITIONS WITHIN THE CITY OF SHOREWOOD
FOR THE YEAR 1993
WHEREAS, it has been the policy of the Shorewood city Council
to make annual appointments to fill certain offices and positions
within the City government at the beginning of each year.
NOW ,THEREFORE, BE IT RESOLVED by the City Council of the city
of Shorewood as follows:
1. That the following persons are appointed to the following
offices and positions until the 1993 city Council
organizational meeting:
Acting Mayor - Rob Daugherty
Council Representatives to:
a. Park Commission: Councilmember Bruce Benson
b. Planning Commission Liaison: councilmember Dan Lewis
c. Liquor Stores: councilmember Rob Daugherty
d. Minnehaha Creek Watershed District: Councilmember Kristi
stover
e. Lake Minnetonka Cable Commission: Mayor Barb Brancel
f. Regional Transit Board: Councilmember Kristi Stover
g. Association of Metro Municipalities: Mayor Barb Brancel
h. Minnetonka Community services: Councilmember Bruce Benson
i. Senior Housing and Services Task Force: Councilmember
Kristi Stover
j. Coordinating Committee South Lake Minnetonka public
Safety Department: Mayor Brancel
k. LMCD Alternative (Council Liaison): Rob Daugherty'
Representatives to Affiliated organizations:
a. Lake Minnetonka Conservation District: Robert Rascop
Term expires Sept, 1995
b. Lake Minnetonka Cable Commission: Robertob Gagne
c. South Lake Senior Center Task Force - Robert Gagne
d. West Hennepin Human Services Planning Board: Jean Uglem
ci ty Attorney
Lendgren Ltd.
Tim Keane, Larkin, Hoffman, Daly &
City Prosecutor - Kenneth N. Potts
city Engineer - Joel Dresel, Orr, Schelen, Mayeron & Assoc,
Inc.
Page Two: Annual Appointments 1993
Health Officer:
civil Defense Director: SLMPSD Police Chief Richard Young
Official Depositories:
First state Bank of Excelsior and other Depositures as necessary
Official Newspaper - Sailor Newspaper
Weed Inspector - Mayor Barb Brancel
Assistant Weed Inspector - Dennis Johnson
2. That the Blanket Bond (Official Bonds) is approved.
3. That such appointments shall take effect on the 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 11th
day of January 1993.
Barbara J. Brancel, Mayor
ATTEST:
James C. Hurm, City Administrator
,.
I
'"
:MEMORANDUM
TO:
FROM:
DATE:
RE:
FILE NO.:
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
Mayor and City Council
Brad Nielsen
8 January 1993
Gideon's Woods P.U.D. - Environmental Assessment Worksheet (E.A.W.)
405 (92.26)
Enclosed is a proposed draft of an Environmental Assessment Worksheet (E.A.W.) for the
Gideon's Woods P.U.D. As explained at the 14 December Council meeting the
Environmental Quality Board and the State Historical Society have determined that relocating
the building on the site is the same as demolishing it, in terms of the need for an E.A.W.
Exhibit A is a diagram illustrating the E.A.W. process. For this project Shorewood is the
"RGU", responsible governmental unit. Following are the actual dates for various steps in
the process:
11 January '93:
19 January '93:
26 January '93:
1 February through
1 March '93:
Staff presents a draft E.A.W. to City Council for approval for
publication and distribution.
by this date one copy of the E.A.W. is sent to E.Q.B. for publication
in E.Q.B. Monitor (publication date is 1 February '93). Also, copies
are sent to approximately 25 agencies for review.
City provides press release to newspaper giving notice of availability of
E.A.W. for review;
30 day comment period begins upon publication in E.Q.B. Monitor.
A Residential Community on Lake Minnetonka's South Shore
J/
Re: Gideon's 'Vood P.D.D.
Environmental Assessment Worksheet
8 January 1993
2 March '93: Planning Commission reviews comments received and makes
recommendation to City Council.
22 March '93: City Council adopts a fIndings of fact as to whether further environmental
review is necessary.
29 March '93: by this date the Council's decision must be distributed to mailing list of
agencies.
This item is on the agenda for 11 January. If you have any questions relative to the
worksheet or the process, please call Monday prior to the meeting.
BJN:ph
cc: Jim Hurm
J eel Drese1
Tim Keane
Planning Commission
Fred Katter
- 2 -
,
EA W Process
RGU determines FA W is ~
RGU~FAW
~~ supplies nex::essmy dala)
~~I~1li~~~~~jiliM~r~i~~
I .
I vanes
1
Gr'If bin lDcbII a
periad d tIaa III "'**
.. acdaa III&y _.
RGU apJrOVes FA W fer dislribution
1 to 5 wcddng days
RGU sends FA W to d.isttibutioo list
1 to 5 woddng days
RGU ~ lXes5 release
I
I
7 10 21 calemar days
Noti:e {)lblished in EQB Maria
7 to 21 days after receipt of PAW
.:.: :.:.
:;:; ::::
'." ....
. ;::; ::~
':'. :.:.
30 calendar days
30 day comment ~
(SlaI1S at EQB Monia
pub&.aIion date)
30 day comment period ends
.
.
3 waking days to 30 days*
RGU decides if project needs EIS
and respoOOs to comments
RGU di.srriOOtes ootice of decision
1 to 5 waking days
. I 7 to 21 calendar days
. I
Notice publistm in EqB Monitor ............... LL
7 to 21 days after receIpt of decision ~ *can vary depending on RGU
111111
5
EXHIBIT A
.,
-'"
nvironmental Assessment Worksheet (EA\N)
NOTE TO PRE?ARERS
This worksheet is to be completed by t.'1e Responsible Governmental Unit (RGu) or its agar-ts. The project proposer must supply
any reasonably accessible data necessary for the worksheet, but is not to complete th.e fbal workshea itself. If a cotr.plete answer
does not fit in t.'1e space allotted, attach additior.a1 sheas as necessa,l'"Y.
For assistance with this worksheet contact the Minnesota Environmental Quality Board (EQB) at (612) 296-8253 or (toll-free)
1-80Q-632-9i47 (ask operator for the EQB environmental review program) or consult ''EAW Guidelines," a book!e!: available from t.he EQB.
NOiE TO REVIEWERS
Co!!'.rnents must be submitted to the RGU (see item 3) ou.":.ng t.he 3Q-day comment period followbg notice of t.he 'E.A.W ir. t.he EQB
~fc~itc!'. (Ccn2C: :.~e RG~ or t.i.e EQB to learn whe:-. t.i.e CO!!':.e:",t period ends.) Com:::-.er.ts should ad::L-ess the aCC'.4-acy a....d
completeness of the information, potential impacts that may warrant further investigation, and the need for an EIS. If the EAW has
been prepared fer the seeping of a."'\ ES (see item ~), comments s;-.ould address the accuracl a;1.d comple:er.ess of :.i.e information
and suggest issues for investigation in the EIS.
Giueon's Woods
1. Project TI11e
2.
3. RGU City of Shorewood
Cor.tact pel'son B ,.. a d 1 e v J. N i e 1 c:: p n
L~d title P 1 anni ngDi -eC'~ ("'!""
Add~s 5755 Coun~"'v C1uh Ro~n
"n(")'rp'oJ'nnr1, MN <:,<:,':\':\1
p~po"r Glen Road Ltd. Partners
Contact person Fred Katter
Address Katter Develonment CorD.
33 So. 6th St., Minneaoolis. MN 5S~02
Phone
339-8226
474-3236
Phone
4. Reason for EAW Preparation
o as scoping 0 mandatory EA W 0 citizen petition 0 RGU discretion 0 Proposer volunteered
If EAW or EIS is mandatory give EQB rule category number(s) 4410.4300 SUQo. 31
5. P~I8Ct Location
NW 1/4
NE
114 Section
33
Township 11 7 Range ') 1
City/Twp Shorewood
County Hennepin
Attach copies of each of the following to the EA W:
a. a county map showing the general location of the project;
b. copy(ies) of USGS 7.5 minute, 1:24,000 scale map (photocopy is OK) indicating the project boundaries;
C. a site plan showing all significant project and natural features.
6. Description Give a complete description of the proposed project and ancillary facilities (attach additional sheets as necessary).
Emphasize construction and operation methods and features that will cause physical manipulation of the environment or
produce wastes. Indicate the timing and duration of construction activities.
Gideon's Woods is a planned unit development which proposes nine, twinhomes (18 units).
The site will be served by city sewer and water. The new road will be 24 feet wide,
bituminous. Site grading will begin in the spring of '93, and the project should be
completed in two years.
provide a 50 or fewer word abstract for use in EQB Monitor notice:
1
f ~.
7", Pro/let Magnitude:: 'I
Total Project Ar('2.. ,acresi 4. 7
Number of Resiaential Units
Unattached 18 (twin home s )
or Length (miles)
Attached
Commercial / bdustrial / Ir.stit".ltional Building Area ("":""S5 floor so ace)
N / '!l.~ .
Total ' ! A square feet;
Indicate area of specific uses:
Office
Retail
Warehouse
Light Ir.dustrial
Other Commercial (specify)
Building Height(s)
Manufacturing
Other Industrial
lnstitutior.al
AgrkJJtural
8. Permits and A:p~vals Requlraci List all bown leal, state, ar.d fede.."'3l ';e1'tr'i:s, approvals, a..'1d f...'1dL"'lg :ec";red.:
Unit of Government Type of Application . . ~ . Status
City of Shorewood
Conditional Use Permit
Concept Stage approved
subject to environmental
review.
Minnehaha Creek
Watershed District
Grading, drainage and
erosion control
Submitted and under
review.
9. Land Usa Describe current and recent past land use and development on the site and on adjacent lands. Discuss the
compatibility of the project with adjacent and nearby land uses; indicate whether any potential conflicts involve environmental
matters. Identify any potential environmental hazard due to past land uses, such as soil contamination or abandoned storage
tanks.
Single-family dwelling 'used for past several years as commercial office space.
Adjacent land uses are as follows:
North - abandoned railroad right-of-way, then commercial (restaurant)
East - Co. Rd. 19, then commercial (Northern States Power)
South - multiple-family residential
West - single-family residential
10. Cover Types Estimate the acreage of the site with each of the following cover types before and after development (before and
after totals should be equal):
Before After Before After
Types 2 to 8 Wetlands 0 0 Urban/Suburban Lawn 1.4 2.0
Wooded/Forest 3.0 1.4 Landscaping
Brush/Grassland 0 0 Impervious Surface .1 1 .3
Cropland 0 0 Other (describe) 0 0
11. Fish, Wildlife, and Ecologically Sensitive Resources
, a. Describe fish and wildlife resources on or near the site and discuss how they would be affected by the project. Describe any
measures to be taken to minimize or avoid adverse impacts.
Wildlife habitat (incl. squirrels, rabbits and other small mammals) will most likely
disappear from the developed portion of the site. Approximately 1.6 acres of
habitat will be lost and 1.4 acres will remain. Grading will be minimized on the
westernmost 40 feet of the site and as necessary to maximize vegetation preservation.
b. Are there any state-listed endangered, threatened, or special-<:oncem species; rare plant communities; colonial waterbird
nesting colonies; native prairie or other rare habitat; or other sensitive ecological resources on or near the site? 0 Yes 0 No
If yes, describe the resource and how it would be affected by the project. Indicate if a site survey of the resources was
conducted. Describe measures to be taken to minimize or avoid adverse impacts.
None known. This item will be referred to the Minnesota Department of Natural
Resources Natural Heritage Program staff.
2
. . .
.
12. . Physical Impacts on Water Resources Will the project involve the physical or hydrologic alteration (dredging, filling, stream diversion,
outfall structure, diking, impoundment) of any surface water (lake, pond, wetland, stream, drainage ditch)? CJ Yes !J No
If yes, identify the water resource to be affected and describe: the alteration, including the construction process; volumes of
dredged or fill material; area affected; length of stream diversion; water surface area affected; timing and extent of fluctuations
in water surface elevations; spoils disposal sites; and proposed mitigation measures to minimize impacts.
13. Water Use
a. Will the project involve the installation or abandonment of any wells? &l Yes DNo
For abandoned wells give the location and Unique well number. Far new wells, ar at."er previously unpermitted wells, give
t.~e location and F.l.'?Ose of ete "".el1 and t.1.:.e LTnique well nU!Ilbe.! (if k.."o~__). ..
The well serving the existing house will be abandoned. If possible the well may
be used for site irrigation.
b. Will the project require an appropriation of ground or surface water (including dewatering)? 0 Yes r&1 No
If yes, indicate the source, quantity, duration, purpose of the appropriation, and D~"'R water appropriation permit number of
any existing appropriation. Discuss the impact of the appropriation on ground water levels.
C. Will the project require connection to a public water supply? !Xl Yes 0 No
If yes, identify the supply, the D~"'R water appropriation permit number of the supply, and the quantity to be used.
The project will be connected to the Shorewood municipal water system (Badger Well
Unique Well No. 161414, DNR Permit No. 826074-3). As an alternative, the project
may be connected to the Tonka Bay system. Average usage is anticipated to be
270 gallons ~er day per unit (4860 ga./day).
14. Water-relatid Land Use Manage",.nt Districts Does any part of the project site involve a shoreland zoning district, a delineated lQO..year
flood plain, or a state or federally designated wild or scenic river land use district? rnI Yes 0 No
If yes, identify the district and discuss the compatibility of the project with the land use restrictions of the district.
The project is within 1000 feet of Lake Minnetonka, a General Development lake. The
project meets the impervious surface coverage requirements and is consistent with
Shorewood's stormwater management plan.
15. Water Surface Use Will the project change the number or type of watercraft on any water body? 0 Yes iJ No
If yes, indicate the current and projected watercraft usage and discuss any potential overcrowding or conflicts with other users
or fish and wildlife resources.
16. Solis Approximate depth (in feet) to:
Ground water: minimum 8 average 8 Bedrock: mlUlmum 60+ average 60+
Describe the soils on the site, giving SCS classifications, if known. (SCS interpretations and soil boring logs need no: be attached.)
Soils have fair suitability or are well suited to building site development,
per the SCS.
17. Erosion and Sedimentation Give the acreage to be graded or excavated and the cubic yards of soil to be moved:
acres 2 ; cubic yards 5000.
Describe any steep slopes or highly erodible soils and identify them on the site map.
Describe the erosion and sedimentation measures to be used during and after construction of the project.
Erosion and sedimentation control will'comply with City and Watershed District
requirements. See Exhibit D for location of proposed erosion control barriers.
Cut and fill to be balanced on site.
3
.
.
18. Water (')uallty. Surface Water Runoff
a. Compare the quantity and quality of site runoff before and after the project. Describe methods to be used to manage and/or
treat runoff. City and Watershed District policy requires that the rate of runoff after
development will not exceed the predevelopment rate. A detention pond is proposed
to be constructed larger ,than what the project requires. The City will investigate
the use of National Urban Runoff Program standards to treat the runoff.
b. Identify the route(s) and receiving water bodies for runoff from the site. Estimate the impact of the runoff on the quality of
the receiving waters. (If the runoff may affect a lake consult "EA W Guidelines" abCJUt whether a nutrient budget analysis is needed.)
Draina~e is conducted from the detention pond through a series of existing ditches
to ~ C~ty-desi~nated wetland to the west, then nortfi into Tonka Bay, then east
ult~mately end~ng at Lake Minnetonka. It is anticipated ,that there will be no'
noticeable impairment to water quality.
19. Water Quality. Wastewaters.
a. Describe sources, quantities, and composition (except for normal domestic sewage) of all sanitary and industrial wastewaters
produced or treated at the site.
This project will generate normal domestic sewage at an estimated rate of
4000-5000 gallons per day, based on 40-50 residents.
b. Describe any waste treatment methods to be used and give estimates of composition after treatment, or if the project
involves on-site sewage systems, discuss the suitability of the site conditions for such systems. Identify receiving waters
(including ground water) and estimate the impact of the discharge on the quality of the receiving waters. (If the discharge
may affect a lake consult "EA W Guidelines" about whether a nutrient budget analysis is needed.)
NIA
C. If wastes will be discharged into a sewer system or pretreatment system, identify the system and discuss the ability of the
system to accept the volume and composition of the wastes. Identify any improvements which will be necessary.
This project will use the existing city sanitary sewer system which currently serves
the site. The existing sewer system has the capacity to accept the volume and
composition of wastes generated by the project.
20. Ground Water - Potential for Contamination
a. Approximate depth (in feet) to ground water: 8 I + minimum; R I + average.
b. Describe any of the following site hazards to ground water and also identify them on the site map: sinkholes; shallow
limestone formations/karst conditions; soils with high infiltration rates; abandoned or unused wells. Describe measures to
avoid or minimize environmental problems due to any of these hazards.
No special site hazards are located on this property according to the SCS
Soil Survey.
C. Identify any toxic or hazardous materials to be used or present on the project site and identify measures to be used to
prevent them from contaminating ground water.
Potential exists for use of lawn fertilizers and herbicides by future homeowners.
21. Solid Wastes; Hazardous Wastes; Storage Tanks
a. Describe the types~ amounts, and compositions of solid or hazardous wastes to be generated, including animal manures,
sludges and ashes. Identify the method and location of disposal. For projects generating municipal solid waste indicate if
there will be a source separation plan; list type(s) and how the project will be modified to allow recycling.
Solid wastes are limited to normal household trash. All units are required to
participate in Shorewood recycling program.
b. Indicate the number, location, size, and use of any above or below ground tanks to be used for storage of petroleum
products or other materials (except water).
None.
4
. ,.'
Provic.
be nece~:
See Ex: its E-l and 2, attached. It is not anticipated that traffic gerlerated
from th_s project will lower the level of service or cause significant congestion
on the adjacent City or County roads.
added 1fi ExisiJ::; spaces (if project involves expansion) Estimated total Aver<lge
:=nerated 108 -144 Estimated maximum peak hour traffic generated (if known) and its timing: unk
cae:, affected road indicate the ADT and the directional distribution of traffic with and without the project.
.:,ate of the impact on traffic congestion on the affected roads and describe any traffic improvements which ....ill
22. Trat:
Daii.
23. Vehicle-related air emissions Provide an estimate of the effect or the project's traffic ge."leration on air quality, includil'lg carbon
~.onoxide levels. Dis...-u.ss the effec; of trafnc iIr,provements or ot.":.er :mitigation measures on air quality i1rtpaC"o.S. (If ~h.e project
in:::cZ=es 500 OT m..-re parking sp~, ~....l:t UE4.J~ vV G;.i:,.Jfj~" about rvr..etl.oC a dd.zi1ed .ziT 1.J.a1fr;l :r..alyi..s is re-":~.)
It is not anticipated that t:::-affic generated by this project will significantly
decrease air quality.
24. Stationary SQurca air emissions Will t.1.e project involve a..-1Y statior.ary sources or air emissions (such as boilers or ex:-.aust
stacks)? 0 Yes rn No
If yes, describe the sources, quantities, and composition of the emissions; the proposed air pollution control devices; the
quantities and composition of the emissions after treatment; and the effects on air quality.
25. Will the project generate dust, odors, or noise during construction and/or operation? [3Q Yes 0 No
If yes, describe the sources, characteristics, duration, and quantities or intensity, and any proposed measures to mitigate adverse
impacts. Also identify the locations of sensitive receptors in the vicinity and estimate the impacts on these receptors.
Dust and noise will be generated by the temporary grading, utility and street
construction. Site grading will be completed within two months of start of construction.
The road will be sprinkled during construction to minimize dust and construction
activity will be restricted to hours determined by the City.
26. Are any of the following resources on or in proximity to the site:
a. archeological, historical, or architectural resources? l.E Yes 0 No
b. prime or unique fannlands? 0 Yes ex No
C. designated parks, recreation areas, or trails? 0 Yes rn No
d. scenic views and vistas? 0 Yes IX! No
e. other unique resources? 0 Yes ~ No
If any items are answered Yes, describe the resource and identify any impacts on the resource due to the project. Describe
any measures to be taken to minimize or avoid adverse impacts. The property is listed on the National
Register of Historic Places. The existing home will be relocated to the southwest
corner of the site, more visible to the public. The existing plaque will be
enhanced by placing it in a stone monument.
27. Will the project create adverse visual impacts? (Examples include: glare from intense lights; lights visible in wilderness areas; and large
visible plumes from cooling towers or exhaust stacks.) 0 Yes IXl No
If yes, explain.
28. Compatibility with plans Is the project subject to an adopted local comprehensive land use plan or any other applicable land use, water,
or resource management plan of an local, regional, state, or feder:ll agency? IX! Yes 0 No
If yes, identify the applicable plan(s), discuss the compatibility of the project with the provisions of the plan(s), and explain how
any conflicts between the project and the plan(s) will be resolved. If no, explain.
The project is consistent with Shorewood's Comprehensive Plan which suggests townhomes
at a density of 3-6 units per acre (project is 3.5 units per acre). Also, two-family
dwellings are permitted uses under the current zoning of the site. The project is also
consistent with Shorewood's Comprehensive Storm Water Study.
5
'29. Impact on Infras'~.4rG~d Public Sarvlcas Will new or exp 'oed utilities, roads, other infrastructure, or public servi<:es be
required to serWJ t,.'1e Foject? IE Yes 0 No .
If yes, describe the new or additional infrastructure /services needed. (Any infrastructure that is a "C07lr:ected acf.on" with respect
to the project must be assessed in this EA W; see "EA W Guidelines" for details.)
City watermain will have to be extended approximately 1400 feet to serve the site.
As an alternative the Developer may request water from Tanka Bay via an existing
watermain adjacent to the site.
30. Related Developments; Cumulative Impacts
a. Are r.lture stages or t.'1is developmer.t pla..'U"'led or likely? 0 Yes Cl No
If yes, b~e!1y desc:ibe ft:ture stages.. th.eir tizrJng, a.r:d plar~ fer e::vi:"Onmer..tal rev'ie\\!.
b. Is this ?~ject a su~~uent stage of.an earlier. p~j~? 0 Yes ea No . .
If yes, bne:1y descnoe the past develo?mer~tr lts ~~~g, and al"1Y past envl!orw:.er.tal :"e\'1e',\'.
C. Is c::-,er development a.."\ticipated on adiacer.t lands or outlets? Q Yes ec No
If yes, brier1y d~scribe the development and its relationship to the present project.
d. If a,b, or c were marked Yes, clisc~s any cumulative enviror.!t:e."\ta1 lrtpaC'"..s resulting from this project and the other
development.
31. Other Potential Envtronmentallmpacts If the project may cause any adverse environmental impacts which were not addressed by
items 1 to 28, identify and discuss them here, along with any proposed mitigation.
None anticipated.
32. SUMMARY OF ISSUES (This section need not be completed if the EA W is being done for EIS scoping; insteJui, address relevant issues in the
draft Scoping Decision document which must acccmpany the EA W.) List any impacts and issues identified above that may require
further investigation before the project is commenced. Discuss any alternatives or mitigative measures that have been or may
be considered for these impacts and issues, including those that have been or may be ordered as permit conditions.
The project initially proposed to remove the Gideon home from the site. In response
to City and neighborhood concerns, the Developer has proposed to relocate the building
on the site, keeping it in its original setting. Relocation of the home is considered
to be a good solution to the historic preservation of the site and establishes a
desirable land use transition between the proposed twinhomes and the single-family
development existing along Glen Road to the west.
CERTIACATlONS BY THE RGU (all 3 certifications must be signed for EOB acceptance of the 54 W for publication of
notice in the EOB Monitor)
A. I hereby certify that the information contained in this document is accurate and complete to the best of my knowledge.
Signature
B. I hereby certify that the project described in this EA W is the complete project and there are no other projects, project stages, or
project components, other than those described in this document, which are related to the project as "connected actions" or
"phased actions," as defined, respectively, at Minn. Rules, pts. 4410.0200, subp. 9b and subp. 60.
Signature
C. I hereby certify that copies or the completed EA Ware being sent to all points on the official EQB EA W distribution list.
Signature
Title or signer Date
6
Minnesota EI\Vironmental Quality Board. Revised June 1990.
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Exhibit A
GENERAL LOCATION - HENNEPIN COUNTY
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