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CITY OF SHOREWOOD
REGULAR CITY COUNCIL MEETING
MONDAY, DECEMBER 14, 1992
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
7:00 P.M.
AGENDA
1. CONVENE CITY COUNCIL MEETING
A.
Roll Call
Gagne
stover
Daugherty
Lewis
Mayor Brancel
B. Review Agenda
2. APPROVAL OF MINUTES
A. Regular City Council Meeting - November 30, 1992
(Att.No.2A-Minutes)
3 . CONSENT AGENDA - Motion to ADDrove Items on consent Aaenda and
AdoDt Resolutions Therein
A. A Motion to Adopt a Resolution Approving Refuse
Collector's License - 1993
(Att.No.3A-Resolution)
B. A Motion to Adopt a Resolution Denying a Variance for
Secondary Dock on Residential Lakeshore Property - James
Kesler, rep. Dorothy smith, 27940 Smithtown Road
(11/30/92 meeti.ng)
(Att.No.3B-proposed Resolution)
C. A Motion to l~.dopt a Resolution Approving a simple
Subdivision Douglas Shoutz, 6130 Cathcart Drive
(11/30/92 meet:Lng)
(Att.No.3c-proposed Resolution)
D. A Motion to Accept a Resolution Authorizing Transfers
Between Funds
(Att.No.3D-Resolution)
5. PARK - Report on Decemer 8, 1992 Park Commission Meeting
CITY COUNCIL AGENDA - MONDAY, DECEMBER 14, 1992
PAGE TWO
6. PLANNING
A. Report on Planning Commission Meeting of December 1, 1992
Items 6B and 6C - tabled from November 30, 1992 meetinq
B. Amendment to the L-R, Lakeshore - Recreational District
Requirements of the Shorewood city Code
(Att.No.6B-Planner's Memo)
C.
Amendment to Rezone
Residential/Shoreland)
Recreational/Shoreland)
from R-1C/S
to L-R/S
(Single-Family
(Lakeshore
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Applicant:
Location:
Upper Lake Minnetonka Yacht Club
4580 Enchanted Point
(Att.No.6C-1- Planner's Report 8/26/92;
6C-2-Planning Commission Minutes 9/1/92;
6C-3-Planner's Report 9/17/92;
6C-4-Planning Commission Minutes 9/22/92>"
D. Consideration of a C. U. P. for Construction of a Church in
a Residential District, and Deposit of Fill in Excess of
100 Cu. Yds - Minnewashta Church, 26715 West 62nd st.
(Att.No.6D-1-Planner's Memo 11/12/92;
6D-2-Planner's Memo 11/30/92)
E. Cons ider an Amendment to section 1201. 03 Subd. 20 (Elder ly
Housing) of the Shorewood city Code Providing for Live-in
Care-Providers Under Age 62
(Att.No.6E-Planner's Memo)
F. Consider a Motion to Adopt a Resolution Granting a.C. U. P.
Gideon's Woods P.U.D. (Concept stage) Discuss
Environmental Assessment Worksheet (EAW) Katter
Development Corporation -24590 Glen Road (11/30/92
meeting)
(Att.No.6F-l-Planner's
6F-2-proposed Resolution)
Report
7 . CONSIDER A RESOLUTION ESTABLISHING A RATE OF THE CITY'S
CONTRIBUTION TOWARD THE MONTHLY INSURANCE PREMIUM FOR CITY
EMPLOYEES (11/30/92 meeting)
(Att.No.7-Memo and Resolution)
8. CONSIDER A CHANGE ORDER - EXHAUST SYSTEM FOR THE PUBLIC WORKS
FACILITY
(Att.No. 8-Engineer' s Memo and Change
Order)
9. CONSIDER AMENDMENTS TO THE SHOREWOOD CODE BOOK - MUNICIPAL FEE
SCHEDULE ORDINANCE 250-92
(Att.No.9-0rdinance)
10. CONSIDER ADOPTING A RESOLUTION AMENDING THE SHOREWOOD
CAFETERIA BENEFIT PROGRAM INCREASING THE MAXIMUM PARTICIPATION
FOR HEALTH CARE REIMBURSEMENT TO $1.500
(Att.No.10-Finance Director's Memo and
Proposed Resolution)
CITY COUNCIL AGENDA - MONDAY, DECEMBER 14, 1992
PAGE THREE
11. CONSIDER PETITION REGARDING SHOREWOOD OAKS DRIVE STOP SIGN
(Att.No.11-Petition)
12. MATTERS FROM THE FLOOR
13. STAFF REPORTS
A. Attorney's Report
1. Consider Alternative Response - MWCC
B. Engineer's Report
1. Leroy Bishop - indentation, fence and buffer
(Att.No.13B-1-Memo)
C. Planner's Report
1. Variance Request John Chandler, 28200 Woodside Road
(11/30/92 meeting)
(Att.No.13C~1-Memo and Chandler's Letter)
D. Finance Director's Report
1. Redraft - Sample Sewer Bill (11/30/92 meeting)
(Att.No.13D-1-Draft)
E. Administrator's Report
1. A Motion Authorizing Future MSA Maintenance
Allotments be Calculated at 25% of Total allotment
2.
A Resolution Establishing a Municipal
Construction Fund
(Att.NO.13E-2-Administrator
Proposed Resolution)
State Aid
Memo and
3. Notice of Public Hearing on Storm Sewer Ordinance
(Att.No.13E-3-Notice)
4. Draft - Transient Merchant License
(Att.No.13E-4-proposal)
14. COUNCIL REPORTS
A. Mayor Brancel
B. Councilmembers
1.
Councilmember Daugherty
Access Task Force
Report of LMCD Lake
15. ADJOURN TO EXECUTIVE SESSION SUBJECT TO THE APPROVAL OF CLAIMS
(Attachment Claims)
CITY OF SHOREWOOD
EXECUTIVE SESSION
CITY COUNCIL
CONFERENCE ROOH
5755 COUNTRY CLUB ROAD
HOBDAY, DECEHBER 14, 1992
EXECUTIVE SESSION AGENDA
1. Update of Pending Litigation
2. City Administrator's Annual Evaluation
ADJOURN RXECUTIVE SESSION
JCH.al
12/03/92
CITY OF SHOREWOOD
CITY COUNCIL
MONDAY, DECEMBER 14, 1992
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AGEND~
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Park commission Interviews.
2.
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Adjourn Interviews and RegrouJ into
the Regular City Council Meet~ng.
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JCH.al
12/3/92
CONFERENCE ROOM
5155 COUNTRY CLUB ROAD
6:30 P.M.
the council Chambers for
PLEASE BE HERE BEFORE 6:30 PM SO THE COUNCIL CAN GET TOGETHER TO
MEET WITH THE FIRST CANDIDATE FOR THE PARK COMMISSION AT 6:30 pm
SHARP. I WILL BE PRESENT TO USHER CANDIDATES IN AND OUT OF THE
CONFERENCE ROOM.
6:30 PM - CONFERENCE ROOM PARK COMMISSION INTERVIEWS
EXECUTIVE SUMMARY
SHOREWOOD CITY COUNCIL MEETING AGENDA
9f
MONDAY, DECEMBER 14, 1992
AGENDA ITEM 3A - This resolution approves seven Refuse Collector's
License for 1993.
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AGENDA ITEM 3B - This resolution with findings of fact denies a
variance for a secondary dock on residential lakeshore property at
27940 smithtown Road as requested by the City Council.
AGENDA ITEM 3C - The City Council requested this resolution be
prepared approving a simple sUbdivision at 6130 Cathcart Drive.
AGENDA ITEM 3D - This is an annual resolution which is passed by
the City Council authorizing transfers which have been budgeted in
the 1992 budget.
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There is no Agenda Item 4.
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AGENDA ITEM 6B & C - These items were postponed at the last
meeting. The packet material which you returned to us after the
meeting is again in this packet. The ordinance amending the L-R,
Lakeshore - Recreational District Requirements could be passed at
this meeting. Item 6C - If the Council views the amendment to
rezone favorably the action would be to direct staff to prepare an
ordinance and a resolution with findings of fact. If they view it
negatively then the action would be to direct staff to prepare a
resolut~on with findings of fact denying the request.
AGENDA ITEM 60 - The action would be to direct staff to prepare a
resolution with findings of fact regarding the CUP for construction
of a Church in a residential district, and deposit of fill in
excess of 100 cu. yds., Minnewashta Church at 26715 West 62nd
street.
AGENDA ITEM 6E - An ordinance amending the city Code providing for
live-in-care-providers under age 62 is included in the Planner's
memo and could be considered and passed by the City Council if you
chose. The Planning commission recommended the proposed amendment
unanimously.
AGENDA ITEM 6F - This resolution granting a CUP for Gideon's Woods
PUD (Concept stage) could have technically been on the consent
agenda but because there was a minor change and there is scheduled
discussion of the Environmental Assessment Worksheet (EAW) it is
listed as a separate action.
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AGENDA ITEM 7 - A memorandum explaining the Finance Director's
research regarding employee insurances and City's contribution
thereto is attached in the memorandum. My real concern here is
that non-union employees clearly should not have a lesser City
contribution to their insurance package than union employees. If
the City Council feels strongly that this is an area where we want
to hold the line, we certainly can do that during 1993 union
negotiations. I strongly urge the City Council to pass this
resolution, fu.ding for which has been provided for in the adopted
1993 budget.
AGENDA ITEM 8 - The ci ty and EOS Archi tecture are currently
attempting to acquire quotes to improve ventilation within the
Public Works facility. ventilation in the work bay area should be
improved as quickly as possible. This installation would be an
additional cost to the City. Because we have not received enough
quotes at this time to prepare a change order and because our next
meeting is not until January 11, 1993, I suggest that the City
council approve by motion an expenditure for improving ventilation
not to exceed $6,600. We would then award the contract to the
lowest~ reasonable bidder and bring it to the Council for
confirmation in January. It is worth noting that funds are
available because our most current estimate for the project is
coming in about $70,000 under budget.
AGENDA ITEM 9 - This ordinance is passed annually updating any fees
charged by the City. Any changes will be reviewed and presented by
the Finance Director.
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AGENDA ITEM 10 - This resolution costs the city nothing and in fact
can save the city funds if employees participate in the cafeteria
program to a greater degree. Resolution simply increasing the
maximum participation of the employee from $1,000 to $1,500 per
year.
AGENDA ITEM 11 - Two items are enclosed in the packet consuming the
most recent stop sign on Shorewood Oaks Drive. The first is a
petition requesting the stop sign be removed and the second is a
letter with pictures regarding the same topic. The Council is
aware of the staffs previous posi tion on this item so staff
memorandums have not been enclosed.
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AGENDA ITEM 13 - C1 - The Planner's memorandum on this item
explains that the return of $1,800 to Mr. Chandler, 28200 Woodside
Road is at the City Council's descretion. There is precedence for
returning the $1,800 assessment. The Council would also need to
decide on whether or not interest should need to be returned.
Please refer to the enclosed memorandum.
AGENDA ITEM 13 - D1 - We have redrafted the sample sewer bill
mailing several times with the input of Councilmember Rob
Daugherty. The latest version is enclosed for your consideration.
Please be prepared to make any recommendations at the meeting. If
there are major concerns with the format I would suggest a small
committee of the Council be appointed to make final decisions on
the mailing.
AGENDA ITEM 13 - E1 - It is to the City's advantage to accept 25%
of our annual MSAMaintenance Allotment. . This item authorizes
receipt of these funds while Item 13E-2- is a resolution which
established parameters for the use of the funds.
AGENDA ITEM 13 - E3 - The city Council should establish a time and
date for a public hearing on Stormwater Management Ordinance. We
are suggesting the second meeting of January 1993. The newsletter
which goes out in early January then can summarize the ordinance
and encourage people to attend the hearing.
AGENDA ITEM 13 - E4 - Please carefully review the enclosed draft
Transient Merchant License. I will review at the Council meeting
ramifications of its adoption and highlight specific policy
questions for Council consideration.
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AGENDA ITEM 14 B1 - Council member stover is planning on attending
the LMCD Lake Access Task Force meeting in place of Council member
Daugherty and will give that report.
The Council will convene at Executive Session and can discuss any
matters regarding to lit'igation and will meet with the city
Administrator regarding his annual evaluation.
JCH.al
12/9/92
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CITY OF SHOREWOOD
REGULAR CITY COUNCll.. MEETING
MONDA Y~ NOVEMBER 30, 1992
COUNCll.. CHAMBERS
5755 COUNTRY CLUB ROAD
7:00 P.M.
MINUTES
1. CONVENE CITY COUNCll.. MEETING
The meeting was called to order by Mayor Brancel at 7:00 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
The Council noted the Applicant's request for a 30-day postponement of Agenda Item 6.C,
however, the Council members agreed to postpone action on Item 6.C. and related Item 6.B.
to its December 14, 1992 meeting.
Gagne moved, Stover seconded to approve the agenda for November 30, 1992 as amended
with the addition of 4.E. Motion approving the Capital Improvement Program and 4.F.
Resolution approving the 1993 Capital Budget; postponement to December 14, 1992 of6.B.
Amendment to the L-R, Lakeshore-Recreational District Requirements of the Shorewood
City Code and 6.C. Proposed Rezoning from R-1C to L-R/Variances for Lot Area, Boat
Slips, and Front Yard Setback; and postponement to December 14,1992 of 11.C.1. Variance
Request, John Chandler.
Motion passed 5/0.
2. APPROVAL OF MINUTES
A. Regular City Council Meeting - October 26, 1992
Gagne moved, Lewis seconded to approve the minutes of the Council's October 26, 1992
meeting.
Motion passed 5/0.
B. Canvass Board Meeting - November 5, 1992
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REGUlAR CITY COUNCIL MINUTES
NOVEMBER 30, 1992 - PAGE 2
Gagne moved, Lewis seconded to approve the minutes of the Canvass Board's November
5, 1992 meeting.
. Motion passed 4/0. Stover abstained.
C. Regular City Council Meeting - November 9, 1992
Stover moved, Gagne seconded to approve the minutes of the Council's November 9, 1992
meeting.
Motion passed 5/0.
D. Canvass Board Meeting - November 12, 1992
Gagne moved, Lewis seconded to approve the minutes of the Canvass Board's November .
12, 1992 meeting.
Motion passed 4/0. Daugherty abstained.
PRESENTATION OF PIAQUE TO PIANNING COMMISSIONER JANET LESLIE
Mayor Brancel presented a plaque to Janet Leslie commending her for 14 years of
dedicated service and outstanding work on behalf of the City of Shorewood as a member
of the Planning Commission.
3. CONSENT AGENDA
Mayor Brancel read the Consent Agenda for November 30, 1992.
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Lewis moved, Gagne seconded to approve the Consent Agenda and to adopt the
Resolutions and Motions therein.
A RESOLUTION NO. 115-92 "A Resolution Accepting the Construction of the
Salt/Sand Storage Building, Oty Project No. 91-61."
B. A Motion Approving Pay Estimate and Change Order for Site Grading for the
Public Works Site.
C. RESOLUTION NO. 116-92 "A Resolution Approving the Concept Plan for
Seasons P.UD."
D. A Motion to Accept Bid and Approve the Sale of the Public Works Building,
5735 Country Dub Road, to Three Star Trucking.
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REGUlAR CITY COUNCll.. MINUTES
NOVEMBER 30, 1992 - PAGE 3
E. A Motion to Approve a Parking Request on a "No Parking" Street -
December 4, 1992 for Fremont Gruss, 5890 Christmas Lake Road.
Hunn brought the Council's attention to a correction to documentation sent to the
Councilmembers regarding item A and noted that the amount of the final payment is
$5,220.
Motion passed 5/0.
4.
A.
7:15 P.M. - PUBliC HEARING ON TIIE PROPOSED 1993 GENERAL,
WATER, SEWER AND RECYCliNG FUND BUDGETS AND TIIE 1992
PROPERTY TAX LEVY COUECfIBLE IN 1993
Rolek presented a summary of the 1993 General Fund budget. He pointed out that the
total budget shows a decrease of 0.1 % from 1992. The decline in the City's growth rate and
of other revenues have made it necessary to increase the City's property tax levy 3.7% in
1993. Since there was no increase in the 1992 levy, the increase is for a two-year period. On
the expenditure side, transfers to appropriate departmental units result in decreases in the
Municipal Building, Streets and Roadways and Capital Improvements budgets.
Using charts, Rolek reviewed the property tax distribution over the past 5 years. He pointed
out that the City's portion of property taxes has been decreasing and is currently at 16%.
He reviewed: the trend in the City's operating budgets showing a 4% increase in 1992 and
a decrease in 1993; the trend in the market values in the City noting, that the rate of growth
is currently due to a slowdown in development; the trend in the City's tax levy, showing a
1990 increase related shifts in State aid to school district costs, a zero increase in 1992 and
the 3.7% increase in 1993; the effect of property taxes on different valued homes, noting the
total tax base has increased while the property tax has decreased; recapped the General
Fund budget, noting the 1992 decrease; and explained the 3.7% City property tax levy
increase for 1993, which results in a slight increase for properties valued less than $125,000
and a decrease for properties valued $125,000 or higher.
Rolek reviewed the Water budget which shows a 75-80 cent per quarter increase in 1993.
He noted that the largest increase appears in the Sanitary Sewer Service budget for 1993,
attributable to the 47% increase in rates assessed the City by the Metropolitan Waste
Control Commission. This increase will be passed on to users thru increased sewer rates.
Hurm reviewed the Capital Improvement Program noting that the Planning Commission and
the Park Commission have recommended approval of the 1993 Program. The Program is
a finance plan for capital improvements and purchases over the next five years and beyond,
and identifies the years for specific needs for financial resources and identifies where the
funds will come from.
The Capital Improvement Program includes a list of capital improvement needs over the
next five years for water, streets, storm water management, sanitary sewer, public facilities
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REGUlAR CITY COUNCIL MINUTES
NOVEMBER 30, 1992 - PAGE 4
and equipment, and parks. Hurm reviewed the projects identified for consideration and/or
completion in 1993 prioritized by the City Council. These include projects relating to water,
reconstruction of streets, drainage, and sanitary sewer rehabilitation, public facilities related
to city hall parking, and improvements for selected parks. Hurm reviewed the Capital
Finance Plan section of the Capital Improvement Program which outlines projected
collection and distribution of the City's funds.
Mayor Brancel opened the public hearing at 7:35 p.m.
Brancel explained that the Council has not yet made a final determination on the
assessment of sewer costs and commented on the continuing negotiations with tbe
Metropolitan Waste Control Commission regarding its proposed 47% increase in the City's
sewer costs.
LeRoy Bishop, 24140 Smithtown Road: I am concerned with the expenditures for parks. .
Shorewood's population is 6000 and we have five parks which gives you more park land
percentage-wise than the City of Minneapolis perhaps. Seems to me there's an awful lot of
money being spent on parks. Do the people of Shorewood use the parks that much. I live
across the street from Badger Park and it seems to me there is very little use for the amount
of lighting and space there. I was surprised to see the amount of money allocated for parks.
Brancel stated the City has considerable unfinished work in the Park system and that some
of them currently are virtually raw land. Use of the parks includes organized sports.
Bishop questioned the expenditure for trails and trail completions, commented on the
disposition of yard waste and rubbish on the trail near his residence, and the potential safety
concerns regarding the pond adjacent to the public works facility.
Lewis indicated the expenditures proposed for parks and the trail system are based on a .
successful referendum and the voters will have the opportunity to decide whether the park
projects proposed merit their support through the referendum.
Dresel stated that the pond is required by the Watershed District and its location is
considered safe by engineering standards.
Dick Mahaffey, 6020 Chestnut Court: I have a question on the water. We were assessed
for improvements in the water system. Have you seen any improvements in your water in
the area. I change filters frequently. I wonder when we are going to see improvement. I
don't mind paying, if we get some improvement.
Lewis stated that according to the tests conducted by engineers on the project, the results
are positive and there has been a marked improvement. Considerable sediment in the pipes
is taking a while to clean up and a better quality of water is expected in the future.
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REGULAR CITY COUNCIL MINUTES
NOVEMBER 30, 1992 - PAGE 5
Daugherty stated that in his individual instance, he has not seen improvement in the water,
but noted that prior to approving final payment to the Contractor, the Council ordered
additional testing to assure that the water quality met standards.
Dresel stated that current tests indicate that the level of iron is at an undetectable level, but
that flushing of lines and sediment in the lines contribute to the current situation.
Stover noted that although formal complaints have not been received, there appears to be
general dissatisfaction with the resulting water quality. It is anticipated that within one year
the quality will improve.
Mayor Brancel closed the public hearing at 7:50 p.m.
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B.
A Resolution Adopting the 1993 General, Water, Sewer and Recycling Fund
Budgets and Approving the 1992 Property Tax Levy Collectible in 1993
Daugherty stated that during its work sessions, the Council discussed the budget on an
itemized basis to determine specific areas in which reductions in the proposed budget could
be made, but concluded that small cuts or sacrifices made now may jeopardize the
continuance of a more even and stable budget outlook, therefore the Council chose not to
make any reductions to avoid large increases over the next several years.
The Council noted the written communications received from residents regarding the 1993
Budget.
Gagne moved, Stover seconded to approve RESOLUTION NO. 117-92 "A Resolution
Adopting the 1993 General, Water, Sewer and Recycling Fund Budgets and Approving the
. 1992 Property Tax Levy Collectible in 1993."
Motion passed 5/0.
C. Consider a Resolution Establishing a Pay and Salary Chart for the Year 1993
Hurm presented the comparable worth chart required by State law establishing the 1993
wage and salary ranges for City employees and recommended approval of Attachment A-I
which adjusts the pay ranges by 3%.
Stover moved, Lewis seconded to approve RESOLUTION NO. 118-92 "A Resolution
Revising the City of Shorewood's Wage and Salary Range Chart for the Year 1993," as
outlined in Attachment A-I.
Motion passed 5/0.
D. Consider a Resolution Establishing a Rate of the City's Contribution toward
the Monthly Insurance Premium for City Employees
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REGUlAR CITY COUNCIL MINUTES
NOVEMBER 30, 1992 - PAGE 6
Hurm presented a proposal to increase the City's contribution toward the monthly insurance
premium for City employees from $270 to $290 which represents less than one-half of the
actual increase for each employee. He noted that this increase will bring these employees
in line with the contract employees.
Gagne expressed concern regarding the increase and stated that other companies are re-
negotiating with insurance companies or passing the increase on to employees.
Brancel noted that this proposal is similar to that awarded to contract employees and
supported equity among the employees.
Stover agreed with the concern expressed by Gagne, but noted however that in terms of
equity for employees this adjustment is necessary and stated that careful consideration be .
given to future negotiations relative to this matter.
In response to Daugherty's question, Hurm indicated that most of the 3% wage increase for
many employees will be taken by the increase in insurance costs and indicated that specific
information could be provided to the Council.
Lewis noted that overall health insurance costs are rising and questioned whether
competitive bids were solicited.
Hurm stated that the City is under the Logis insurance group. Rolek noted that bids were
requested from 63 insurance companies for both the traditional and HMO plans. He stated
that while the industry in general is experiencing 18-20% increases, the City's coverage is
increasing 11%. Individual monthly costs range $445-$485 for city employees. In response
to Daugherty's question, Rolek indicated that the City could opt out of it's current group
plan, but pointed out the benefit of remaining with a larger group. .
Lewis indicated that in his experience, the monthly rate is about $350 for family coverage.
Daugherty and Lewis requested additional information regarding the competitiveness of the
rates offered to the City.
Gagne moved, Lewis seconded to table action on the Resolution establishing a rate of the
City's contnbution tow~d the monthly insurance premium for City employees and requested
the staff to provide further information to the Council at its December 14, 1992 meeting.
Motion passed 5/0.
E. Motion Approving the City of Shorewood Capital Improvement Program
1993-1997
Daugherty moved, Gagne seconded to approve the City of Shorewood Capital Improvement
Program 1993-1997.
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REGUlAR CITY COUNCIL MINUTES
NOVEMBER 30, 1992 - PAGE 7
Motion passed 5/0.
F. Consider a Resolution Adopting the 1993 Capital Improvement Budget
Hurm read the Resolution adopting the 1993 Capital Improvement Budget.
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Stover moved, Lewis seconded to approve RESOLUTION NO.119-92 "A Resolution
Adopting a Capital Improvement Budget for the Year 1993."
Motion passed 5/0.
5. PARK
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A
Report on Park Commission Meeting of November 24, 1992 - None.
B. Consider Adjusting Park Dedication Fees for Elderly Housing Projects
Hurm presented for consideration the Park Commission's recommendation that Park
Dedication Fees should not be reduced below the amount the City would receive under the
current zoning; and that furthermore, the Council should waive fees only to the extent
determined necessary by the Council to meet its objectives with respect to attracting senior
housing projects.
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Nielsen stated that the Park Commission's recommendation has been submitted to the
Senior Housing and Services Task Force and they agree with the concept. The Planning
Commission suggested that sanitary sewer and park dedication fees not be waived but rather
that these fees should be charged on the basis of the current zoning of the property without
the density "bonus." He explained that a site developer would pay the normal amount of
fees,. but would not pay an additional fee for the additional number of units on the site
because it is an elderly housing project. Therefore the City would not lose any money and
a developer would have an incentive to provide elderly housing.
The Council members generally agreed that the formula suggested by the Planning
Commission was an appropriate method for application of the Park Commission's
recommendation.
In response to Brancel's question, Nielsen stated that a P.D.D. remains with a site and any
changes to the P.D.D., including those of fees, would require Council action.
Gagne moved, Stover seconded to direct the staff to prepare an amendment to the Uty code
to enact the recommendation by the Park Commission with respect to reduction of park
dedication fees and local sanitary sewer access charges as they relate. to senior housing in
Shorewood
Motion passed 5/0.
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REGUlAR CITY COUNCIL MINUIES
NOVEMBER 30, 1992 - PAGE 8
6. PLANNING
A. Report on Planning Commission Meetings of November 17 and November 24,
1992
Planning Commissioner Malam reviewed actions taken and recommendations made to the
Council at the Commission's meetings on November 17 and 24, 1992.
B. Postponed to December 14, 1992 meeting.
C. Postponed to December 14, 1992 meeting.
D.
Conditional Use Permit - Gideon's Woods P.U.D. (Concept Stage) - Katter
Development Corporation - 24590 Glen Road
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The Planning Commission voted unanimously to recommend approval of the concept stage
P.U.D., subject to the staffs recommendations, after considering the residents' concerns
heard at the public hearing regarding traffic and the historical aspects of the site.
Nielsen reviewed the recommendations of the Planning Commission for concept stage
approval: 1) require a detailed landscape plan for the site and a tree inventory, 2) removal
of an existing non conforming billboard, 3) plat the unit lots 10' deeper to accommodate
decks, etc., 4) maintain a 40' set-back along the west side of the property, 5) reduce site
grading 6) require detailed storm water run-off calculations and assure adequate pond size,
7) escrow of a sum of money (about $2500) for a feasibility report for extending City water
to the project, 8) increase the turn-around space at the north end of the private road and
circulation be subject to approval by the fire marshall, and 9) maintain at least two spaces
in front of each garage. In addition, Nielsen stated the State Historical Society has advised .
that an Environmental Assessment Worksheet (EA W) is mandatory in this case. Nielsen
stated that the developer has provided information for an EA W and the staff will present
the document to the Council at the December 14 meeting for consideration of further
actions and decisions. Nielsen reviewed the required approval process and its time frame.
In response to Gagne's question, Keane stated that disposition of the building could be
determined by the EA W process. Council discussed whether to grant concept stage
approval subject to determination of the EA W process.
Fred Katter, General Partner, Katter Development Corporation, introduced his limited
partners, Tom Katter and Bruce Newton. He reviewed the corporation's experience with
real estate and the EA W process. He indicated that the EA W is required only because
there is a dwelling on the site. He stated the dwelling is categorized at the lowest level of
the historical register that does not require any action to remove, but merely requires
notification to the society of its removal. Katter noted that information had been requested
from the society several months ago. He stated that it would be appropriate to move
forward with the rest of the P.U.D. process since the EAW does not affect environmental
8
REGULAR CITY COUNCIL MINU1ES
NOVEMBER 30, 1992 - PAGE 9
issues. He further stated that only his corporation would be at risk if the EA W process
resulted in not allowing removal of the building. He stated that the other matters brought
up by the staff have been addressed and the necessary compliance documentation for
concept stage approval will be delivered to the City on December 1. Katter requested
concept stage approval at this time in order to remain on the timetable for completion of
the project and expressed particular concern regarding the delivery of water to the site. The
corporation intends to petition the Council' for delivery of water to the site, but will also
work with the City of Tonka Bay in order to have both options for water available to them.
Katter stated that to delay concept stage approval subject to the EA W would delay the
water approval process.
.
Stover asked for clarification of the drainage issues. Nielsen stated that the developer has
indicated a willingness to expand the size of the drainage pond to alleviate drainage
problems in the area. In response to Stover's question, Dresel stated that the majority of
the site is not in the Glen Road drainage basin. The general requirement regarding
drainage is that the project handle its own run-off to the point of not discharging at a
greater rate than exists and the developer has indicated a willingness to go a step further
by building a larger pond than what is required for just his site.
Gagne indicated that concerns of the neighborhood regarding drainage issues were voiced
at the Public Hearing. He noted that according to the City's CIP, drainage work adjacent
to the area is scheduled for 1995. Stover stated that the proposed development is
appropriate according to its zoning.
Stover moved, Gagne seconded to direct the staff to prepare a findings of fact resolution
to approve a concept stage conditional use permit, subject to the staffs recommendations
and completion of the Environmental Assessment process, for Gideon's Woods, Katter
. Development Corporation, 24590 Glen Road, for action at the December 14, 1992 meeting.
Motion passed 5/0.
E. Variance for Secondary Dock on Residential Lakeshore Property - James
Kesler, rep. Dorothy Smith, 27940 Smithtown Road
The Planning Commission voted unanimously to recommend denial of this variance
primarily because the Code restricts the number of docks per parcel to one and limits use
of the dock to the residents of the property on which the dock is located.
James Kesler, representing Dorothy Smith, 27940 Glen Road, stated that this was a "buyer
beware" situation. An attorney drew up the easement and the Smiths always assumed they
had an easement that included docking rights. The Smiths own 160' of lake property;
subdivided the property and built a home they are currently trying to sell. H they had
known, they would have included the required 50' during subdivision to maintain docking
rights. Other than that, it is monetary in that the value will be reduced without the docking
rights.
9
REGUlAR CITY COUNCIL MINUTES
NOVEMBER 30, 1992 - PAGE 10
Gagne noted that these types of requests have been discussed in the past and suggested that
the Code be followed in this matter.
Gagne moved, Stover seconded to direct the staff to prepare a findings of fact resolution
to deny the variance requested for a secondaty dock on residential lakeshore property for
James Kesler, rep. Dorothy Smith, 27940 Smithtown Road.
Motion passed 5/0.
F. Simple Subdivision/Combination - Reifenberger /Morford, 6130/6150 Church
Road
The Planning Commission unanimously voted to recommend approval of this
subdivision/combination subject to the staffs recommendations.
.
Stover moved, Lewis seconded to direct the staff to prepare a findings of fact resolution to
approve a simple subdivisionl combination for Reifenberger IMorford, 6130/6150 Church
Road, subject to the staff's recommendations, for action at the December 14, 1992 meeting.
Motion passed 5/0.
G. Simple Subdivision - Douglas Shoutz, 6130 Cathcart Drive
The Planning Commission unanimously voted to recommend approval of this simple
subdivision, subject to the staffs recommendations.
Stover moved, Lewis seconded to direct the staff to prepare a resolution to approve a simple
subdivision, subject to the staff's recommendations, for Douglas Shoutz, 6130 Cathcart Drive, .
for action at the December 14, 1992 meeting.
Motion passed 5/0.
H. Amendment to S, Shoreland District
The Planning Commission unanimously voted to recommend approval of the proposed
amendments.
Nielsen reviewed the proposed amendments to S, Shoreland District regulations. He noted
these modifications are required to be consistent with DNR rules and the LMCD
Management Plan for Lake Minnetonka. This ordinance will be a complete revision to the
City's shoreland district requirements. Many of the changes are technical in nature
referencing various statutory numbers including new definitions adopted by the DNR.
Nielsen reviewed the substantive changes as they relate to Shorewood's ordinances. In
general, Nielsen stated that Shorewood's ordinances are in compliance.
10
REGUlAR CITY COUNCIL MINUTES
NOVEMBER 30, 1992 - PAGE 11
Stover indicated that the Planning Commission has reviewed the changes extensively and
noted that although a time extension has been allowed for adoption of the amendments, it
is recommended that the Council approve the changes at this time.
Gagne noted that Shorewood has been more sensitive to the regulations than other cities
and stated concurrence in the amendments. Lewis commended the efforts of previous and
the existing Planning Commission. He stated that Shorewood has an excellent ordinance
in place as a result of their efforts.
Gagne moved, Stover seconded to approve ORDINANCE NO. 261 "An Ordinance
Amending Chapter 1201 of the Shorewood Uty Code Relating to Zoning Regulations."
Motion passed 5/0.
.
7.
PRESENTATION BY MINNETONKA SCHOOL COMMUNITY PARTNERSHIP
TEAM
Cornell Anderson and John Anderson, members of the Steering Committee of the
Minnetonka Schools Business-Education Partnership Team, described the program and
invited and encouraged individuals to become part of the program. The partnership is a
cooperative relationship between business or community organizations and schools, students
or school employees to meet an identified need for mutually beneficial experiences,
effectiveness and relationships.
The meeting recessed at 9:00 p.m. and reconvened at 9:10 p.m.
.
8. REVIEW PROPOSALS TO MAINTAIN SHOREWOOD'S WATER AND SEWER
SYSTEMS: City of Excelsior and Munitech. Inc.. AWARD A CONTRACT
Hurm stated that the staff recommends extending the contract with Munitech to maintain
the Water and Sewer Systems of the City of Shorewood. He expressed appreciation for the
work of the City of Excelsior in preparing its proposal for this service and indicated that
Shorewood would continue to work further with Excelsior in the future. He indicated that
Excelsior's proposal was higher than that of Munitech's.
In response to Gagne's question, Hurm stated that Excelsior's proposal is higher for a
number of reasons including provision for cleaning of the lines and more extensive record
keeping. In .addition, Rolek stated that Excelsior would hire additional staff to handle
Shorewood's account and would maintain the system to a higher standard.
In response to Brancel's question, Rolek stated that other surrounding cities have not
offered service to Shorewood. The cost of Excelsior's proposal on an annual basis is $45,000
higher than Munitech's proposal. It was noted that Munitech's proposal reflects no increase
in cost over 1992.
11
REGULAR CITY COUNCIL MINUTES
NOVEMBER 30, 1992 - PAGE 12
Gagne suggested that staff continue to work with the surrounding cities for the provision of
various services for mutual benefits. Daugherty suggested that the staff pursue further
negotiations with Excelsior for this specific service.
Gagne move~ Stover seconded to accept the proposal from Munitech to maintain the water
and sewer systems of the City of Shorewood for the year 1993 and to direct the staff to
continue to work with Excelsior to reach an acceptable proposal for this service in the
future.
Motion passed 5/0.
9. CONSIDER ACCEPTING AGREEMENT FOR FIRE SERVICE - CITY OF
EXCELSIOR
Hurm brought the Council's attention to page 3 of the Agreement for Services relating to .
the adoption of regulations to limit building heights to a maximum of 35' as defined by the
Uniform Building Code. Hurm stated that provision is not consistent with Shorewood's code
and suggested that the sentence be struck. He also stated that Shorewood will provide a
current map of the City designating the service areas and exceptions and the address
patterns, water main and fire hydrant size and locations. The staff recommends acceptance
of the agreement with the change noted.
Gagne indicated that some cities have expressed plans to withdraw from the Excelsior
services which would greatly increase the cost for the cities remaining in the contract.
Brancel stated that a five-year contract and a change in the pricing method to a more
equitable formula would be preferred. This would avoid re-negotiation of the contract each
year.
.
The Council generally agreed to work with surrounding cities to assure that a dependable
and fairly-priced service for fire protection be available.
Stover move~ Gagne seconded to accept the Agreement for Services with the City of
Excelsior for the provision of fire services for the City of Shorewoo~ with the deletion of
the sentence "The receiver shall also adopt regulations to limit building heights to a
maximum of 35' as defined by the Uniform Building Code." on page 3, paragraph 3 of the
Agreement.
Motion passed 5/0.
10. MATfERS FROM THE FLOOR
Robert Rascop, 4560 Enchanted Point, commended the City for its adoption of the
shoreland regulations, commended Brad Nielsen for his instrumental work to draft and
implement the regulation and briefly updated the Council on lake access issues.
12
REGUlAR CITY COUNCIL MINUlES
NOVEMBER 30, 1992 - PAGE 13
11. STAFF REPORTS
A. Attorney's Report - None.
B. Engineer's Report
1. LeRoy Bishop Petition - lighting/drainage/noise
.
Dresel reviewed the changes made regarding issues brought to the Council's attention
regarding the new public works site. He reported that back-up horns on heavy equipment
are a safety requirement of OSHA, some of the security lights have been disconnected and
diffusing shields have been ordered for some of the remaining lights, the drainage pond is
being enlarged to reduce the flow rate from the City's site and the silt fence installed
downslope of construction has adequately kept eroded soils on site and seeding is scheduled
for this fall.
Mr. Bishop reiterated his concerns regarding the size of the driveway culvert, potential
dangers in the pond site area, landscaping issues and questioned the need for the lights on
the site. Dresel stated that security of the City's equipment and property is the primary
concern. Brancel offered to meet with Mr. Bishop to further discuss his concerns.
2. Cost of storm sewer in Senior Housing area
Dresel stated that the estimated cost of work related to the City's portion of the storm sewer
system in the Seasons senior housing development is $50,000-$60,000. Funding of this work
would be distributed among the utilities fund, the general fund and the drainage district.
.
Dresel stated that a quote of $15,200 has been received for installation of a chain link fence
around the new public works facility. The budgeted amount is $14,200 and Dresel will offer
that amount to the contractor.
C. Planner's Report
1. Postponed to December 14, 1992 meeting.
2. 30-Day Extension, Mary Bussaus, Harding Lane
Nielsen stated that an inspection of the site indicates that the work has been completed and
the matter is considered resolved.
D. Finance Director's Report
1. Draft - Sample Sewer Bill
13
REGULAR CITY COUNCIL MINUTES
NOVEMBER 30,1992 - PAGE 14
Rolek presented, as requested, a' sample billing designed to apprise residents of the 1993
rate increase for sewer services. Council members made suggestions regarding content,
clarity and brevity and requested the staff to incorporate those suggestions into another
sample for the Council's consideration.
E. Administrator's Report
1. Financial Analysis of Knutson Services Inc.
Hurm reported that Knutson Services Inc. has requested concessions to its original contract
with the Lake Minnetonka Recycling Group (LMRG) which extends through December
1994. He reviewed the concessions and the counter-proposal proposed by the LMRG.
After discussion, the Council members agreed that the counter-proposal is fair and
appropriate.
.
Stover' moved, Lewis seconded to approve the counter-proposal prepared by LMRG in
response to the concessions to the recycling contract requested by Knutson Services In~
Motion passed 5/0.
2. Report on LMCD Lake Access
Hurm reported that the LMCD requests that an elected official representing Shorewood
participate on a task force to develop conclusions regarding lake access. Daugherty agreed
to serve in this capacity and attend the remaining meetings of the task force.
12.
COUNCIL REPORTS
.
A. Mayor Brancel - None.
B. Councilmembers
In response to Daugherty's question, Hurm indicated that staff is working on a proposed
ordinance to regulate transient merchandisers for the Council's future consideration.
Gagne briefly commented on activities related to the Senior Center Committee.
Stover questioned whether a review of traffic on Old Excelsior Road has been completed
and suggested that attention be given to the increased level of traffic. Dresel indicated
conformance signage is being erected by Hennepin County as required. Stover reported that
residents are complaining about the proliferation of signage.
13. ADJOURN TO EXECUTIVE SESSION SUBJECf TO APPROVAL OF ClAIMS
14
.
.
REGUlAR CITY COUNCIL MINUTES
NOVEMBER 30, 1992 - PAGE 15
Daugherty moved, Lewis seconded to adjourn the City Council Meeting at 10:10 p.rn., to re-
convene in Executive Session, subject to the approval of claims. .
Motion passed 5/0.
RESPECIFUILY SUBMItTED,
Arlene H. Bergfalk
Recording Secretary
Northern Counties Secretarial Services
ATTEST:
JAMES C. HURM, CITY ADMINIS1RATOR
BARBARA J. BRANCEL, MAYOR
15
CITY OF SHOREWOOD
COUNCIL EXECUTIVE SESSION
MONDAY, NOVEMBER 30,1992
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
10:10 P.M.
MINUTES
CALL TO ORDER
The Executive Session was called to order by Mayor Brancel at 10:10 p.m.
Present:
Mayor Brancel; Councilmembers Daugherty, Gagne, Lewis and Stover;
Councilmember-elect Benson; Administrator Hurm, Engineer Dresel,
Attorney Keane and Planner Nielsen.
.
PENDING LITIGATION
Keane reviewed the status of pending litigation. He (1) described the resolution of one
case, (2) outlined a proposal for settlement in another case and (3) distributed a copy
of his letter dated November 25, 1992 to the Metropolitan Waste Control Commission.
Council members discussed the matters and Keane responded to their questions.
ACTION
Daugherty moved, Gagne seconded to approve the settlement as proposed for (2)
above.
Motion passed 5/0.
. ADJOURNMENT
Gagne moved, Daugherty seconded to adjourn the Executive Session at 10:55 p.m.
Motion passed 5/0.
RESPECTFULLY SUBMITTED,
Arlene H. Bergfalk
Recording Secretary
Northern Counties Secretarial Service
ATTEST:
BARBARA BRANCEL, MAYOR
JAMES C. HURM, CITY ADMINISTRATOR
RESOLUTION NO. -92
RESOLUTION APPROVING REFUSE COLLECTOR'S LICENSE
WHEREAS, the Shorewood City Code section 507.05 provides for
the annual licensing of refuse collectors in the City; and
WHEREAS, said section provides that an applicant shall
complete an application and fulfill certain requirements concerning
insurance coverage and pay licensing fee; and
WHEREAS, the following applicant has satisfactorily completed
this application and fulfilled the requirements for the issuance of
a Refuse Collector's License.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Shorewood as follows:
.
1. That a Refuse Collector's License be issued for a term of
one year, from January 1, 1993 to December 31, 1993, to the
fOllowing applicant:
Applicant
Firm Name
Address
Gary Lano
Chaska Sanitation
731 victoria Drive
Chaska, MN 55318
William J. Wrede
Gopher State
Trucking
5830 Echo Road
Excelsior, MN 55331
Kevin Haugen
Haugen's Haulers
Sanitation Inc.
7386 31st st S.E.
Buffalo, MN 55313
Randy Roskowiak
Randy's Sanitation
4351 Hwy 12 S.E.
Delano, MN 55328
~
.
Russell W. Leistiko_~
R&W Roll-Off 5525 County Road 50
Service/Sanitation Carver, MN 55315
Jeffrey T. Glewwe
Waste Management
12448 pennsylvania Av
Savage, MN 55378
Jamie W. Phenow
Woodlake Sanitary
Service
9813 Flying Cloud Dr
Eden Prairie, MN 55347
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this
14th day of December , 1992.
Barbara J. Brancel, Mayor
ATTEST:
James C. Hurm, City Administrator
3A
/'"
pi'
RESOLUTION NO.
A RESOLUTION DENYING A VARIANCE FOR
TWO DOCKS ON ONE PARCEL OF LAND
WHEREAS, Dorothy M. Smith (Applicant) has an easement over part of the property
located at 27940 Smithtown Road, said property being described in Exhibit A, attached
hereto and made a part hereof; and
WHEREAS, the Applicant requests approval to construct a second dock on said
easement, which dock does not comply with the requirements of the Shorewood Zoning
Code, and the Applicant has therefore made application for a variance; and
.
WHEREAS, a public hearing was held and the application was reviewed by the
Planning Commission on 17 November 1992 and, after deliberation, the Planning
Commission recommended denial of the requested variance; and
WHEREAS, the City Council at their regular meeting held on 30 November 1992
reviewed the material submitted by the Applicant, the recommendation of the Planning
Commission and the Planning Director's staff report, dated 14 November 1992, which report
is on file in the Shorewood City Hall.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
FINDINGS OF FACT
. 1. That the property is located in the R-1A/S zoning district and is occupied by a
single-family dwelling plus one dock.
2. That Section 1201.03 Subd. 14 of the Shorewood City Code limits docks to
one dock per property, which dock may only be used by the residents of the property.
3. That the applicant owned the property, subdivided it, and sold it subsequent to
the City's adoption of an ordinance limiting docks to one per property.
4. That the Applicant owns the lot adjacent to the east side of the property, which
lot does not abut Lake Minnetonka.
5. That the property has approximately 172 feet of shoreline on Lake
Minnetonka.
6. That the Applicant has not built a dock on the property.
7. That the Applicant is able, via an easement, to swim, fish or picnic by the
lake.
3#5#
.
.
CONCLUSIONS
1. The inability for a nonriparian lot to have dock rights is not unique to the
subject property. Dock rights are not commonly available to nonriparian lots in Shorewood.
2.
The basis of the Applicant's request is primarily financial in nature.
3.
to sell it.
The Applicant previously owned the property abutting the lakeshore but chose
4. The variance, if granted, would confer a special privilege on the Applicant
which is denied to others.
5. That the Applicant's property can be put to a reasonable use under the
conditions imposed by the Shorewood Zoning Code.
6. That the Applicant has not met the criteria for the grant of a variance under
Section 1201.05 of the Shorewood City Code and has failed to establish any undue hardship
as defmed by Minn. Stat. Section 462.357, Subd. 6(2).
7. That the Applicant's request for the variance set forth above is hereby denied.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 14th day of
December, 1992.
Barbara J. Brancel, Mayor
ATTEST:
James C. Hurm, City Administrator/Clerk
..
LEGAL DESCRIPTION
.
"That part of Government Lot 4, Section 31, Township 117, Range 23, described as
follows: Commencing at a point in the South line of Tract N, Registered Land
Survey No.8, Hennepin County, Minnesota, distant 13.6 feet West of the Southeast
corner thereof; thence South parallel with an extension of the East line of said Tract
N, a distance of 98.52 feet; thence Westerly deflecting to the right 96 degrees 04
minutes a distance of 255.36 feet; thence Northwesterly deflecting to the right 22
degrees 25 minutes a distance of 37.16 feet to a point hereinafter referred to as Point
C (said last described course is hereinafter referred to as Line X); thence South 15
degrees 13 minutes 10 seconds West, 161.64 feet to a point hereinafter referred to as
Point D; thence South 34 degrees 04 minutes 30 seconds West, 49.32 feet to a point
hereinafter referred to as Point E; thence South 58 degrees 04 minutes 30 seconds
West, 47.00 feet to the actual point of beginning of the ,tract of land to be described;
thence Northeasterly to aforesaid Point E; thence Northerly to aforesaid Point D;
thence Northerly to aforesaid Point C; thence Northwesterly along an extension of
aforesaid Line X a distance of 15 feet to an intersection with a line bearing South 54
degrees 55 minutes West from a point in a line parallel with and 35.16 feet South of
the South line of said Tract N, said point being distant 302.6 feet West, measured
along said parallel line, from the Southerly extension of the East line of said Tract N;
thence Southwesterly 116.94 feet along said line bearing South 54 degrees 55 minutes
West to a point therein distant 130.26 feet Southwesterly measured along said line
bearing South 54 degrees 55 minutes West, from last said parallel line; thence
Southwesterly deflecting to the left 38 degrees 13 minutes 30 seconds, a distance of
33.54 feet; thence Westerly parallel with the South line of said Tract N to the shore
line of Lake Minnetonka; thence Southerly along said shore line to a line hereinafter
described and designated _as Line A; thence Easterly along said Line A to an
intersection with a line Dearing South 8 degrees 55 minutes 30 seconds East from the
actual point of beginning; thence North 8 degrees 55 minutes 30 seconds West to the
actual point of beginning. Aforesaid Line A being described as follows: Beginning
at the intersection of the center line of Town Road (formerly State Highway No.7)
with a line parallel with and 789.5 feet North of the South line of said Section 31,
thence Westerly along said parallel line 481.96 feet; thence at a right angle Southerly
198 feet to an intersection with a line parallel with 591.5 feet North of the South line
of said Section 31; thence Westerly along sald parallel line 421.34 feet; thence
Westerly to the shore of Lake Minnetonka passing through a point which is 12 feet,
. South 24 degrees East, from a point in last said parallel line, distant 766.85 feet West
of aforesaid 198 foot course, and there terminating. For purpose of this description
the South line of said Tract N is assumed to bear due East and West.
.
EXHffiIT A
RESOLUTION NO.
A RESOLUTION APPROVING SUBDMSION OF REAL PROPERTY
WHEREAS, Douglas 1. Shoutz and Bonita J. Shoutz (Applicants) are the owners of
certain real property in the City of Shorewood, County of Hennepin, State of Minnesota,
legally described as:
"Lot 1, Minnewashta Acres, Hennepin County, Minnesota"; and
WHEREAS, the Applicants have applied to the City for a subdivision of said real
property into two parcels legally described in Exhibit A, attached hereto and made a part
hereof; and
.
WHEREAS, the Applicants and all other parties holding an interest in the said real
property have agreed to grant to the City certain drainage and utility easements legally
described in Exhibit B, attached hereto and made a part hereof; and
WHEREAS, the subdivision 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 above be divided into two parcels,
legally described in Exhibit A.
.
2. That the City Clerk furnish the Applicants with a certified copy of this
resolution for recording purpo~s.
~
3. That the Applicants record this resolution, together with the drainage and
utility easement legally described in Exhibit B 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 14th day of
December 1992.
Barbara J. Brancel, Mayor
ATTEST:
James C. Hurm, City Administrator/Clerk
~.~*
.
.
Parcel A
Parcel B
LEGAL DESCRIPTIONS
"The south 148.00 feet of Lot 1, Minnewashta Acres."
"That part of Lot 1, Minnewashta Acres, lying north of the south 148.00 feet of said
Lot I."
EXHIBIT A
rur"r'~O..Ld.'~l""'Uv,. '"-L,",'hl _L-__..
"I'
..Individual (51 to Corporation
or Partnership
"
No delinquent taxes and transfer entered; Certificate
of Real Estate Value ( ) filed ( ) not required
Certificate of Real Estate Value No.
,19
.
County Auditor
by
Deputy
STATE DEED TAX DUE HEREON: $ Exempt
Date:
,19_
(reserved for recording data)
.
FOR VALUABLE CONSIDERATION, Douglas. I. S~s>~tz and Bonita J. Shoutz
husband and wife
(marital statusl
, Grantor (s),
hereby convey (s) and quitclaim (5) to ~he_S:_i~of ~~orewood
under th~ laws of state of Minnesota
County, Minnesota, described as follows:
, Grantee,
a Municipal Corporation
real property in Hennepin
.
A permanent easement for drainage and utility purposes over the Southerly,
Vlesterly, and Northerly 10 feet of the following described property:
;,1(.
The South 148.00 feet of Lot 1, Minnewashta 'Acres.
AND
A permanent easement for drainage and utility purposes over the Southerly,
Westerly, and Northerly 10 feet of the following described property:
. That part of Lot 1, Minnewashta Acres, lying north of the South
148.00 feet of said Lot 1.
(if more space is needed, continue on backl
together with all hereditaments and aoourtenances helnnl!'inv t.hprpt.n
.
.
RESOLUTION NO. -92
A RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS
WHEREAS, the Shorewood City Council has budgeted the transfer
of monies from the Liquor Fund to finance a portion of the general
operations of the City; and,
WHEREAS, the City Council has levied for, and budgeted the
transfer of, monies for capital improvements and purchases, and
other purposes; and,
WHEREAS, the City Council has authorized certain projects
which are funded through the transfer of monies between funds.
THEREFORE, BE IT RESOLVED by the City Council of Shorewood
that the following amounts be transferred between the following
funds:
TRANSFER FROM
TRANSFER TO
Liquor Store I
Liquor Store II
General Fund
General Fund
General Fund
General Fund
capital Reserve Fund
Park Improvement Fun1
General Fund
General Fund
Capital Reserve Fund
Street Reconstruction Fund
Recycling Fund
capital Reserve Fund
Public Works Facility Fund
Silverwood Park Grading Fund
AMOUNT
$ 14,000
21,000
39,600
312,000
10,000
165,000
700,000
60,000
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 14th day
of December, 1992.
Barbara Brancel, Mayor
ATTEST:
James C. Hurm, City Administrator/Clerk
3D
MAYOR
Barb Brancel
COUNCI L
Kristi Stover
Bob Gagne
Rob DaughertY
Daniel Lewis
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236
CITY OF SHOREWOOD
1993 PROPOSED GENERAL FUND, WATER FUND,
SEWER FUND AND RECYCLING FUND BUDGETS
NOVEMBER 30, 1992
A Residential Community on Lake Minnetonka's South Shore
MAYOR
Barb Brancal
COUNCI L
Kristi Stover
Bob Gagne
Rob DaughertY
Daniel Lewis
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236
November 30, 1992
Honorable Mayor, City Councilmembers,
Residents of the City of Shorewood:
Presented for your review is the 1993 General Fund, Water Fund,
Sewer Fund and Recycling Fund Budgets. These budgets, upon
adoption by the City Council, become the guide for the delivery of
services to be provided to the residents of the city in the coming
year. The budgets anticipate the level of funding necessary for
the City to provide these services.
The budget for the coming year was prepared in consideration of
many variables. Changes in property classifications and financial
aid formulas from the state, new legislation, growth in the tax
base of the city, types and quality of services provided by the
city, continuation and updating the Capital Improvements Program,
among other factors, were carefully considered, while conforming to
the City Council's Statement of Purpose, Goals and Expectations.
It continues to be our goal to provide a value in municipal
services to our residents to assure compliance with community laws
and standards, and to keep residents informed of these services,
laws and standards. This budget is proposed as a guide to
fulfilling this goal.
The city is continuing its efforts in capital improvements through
the updating of the Capital Improvement Program (CIP). The CIP
continues to provide the planning which is essential in meeting the
city's goals for improvements in its infrastructure and equipment
over the next five years, and provides a sound financial plan for
achieving those goals.
A Residential Community on Lake Minnetonka's South Shore
Page 2
The proposed 1993 General Fund budget shows a slight decrease of
0.1% from 1992. The decline in the City's growth rate and of other
revenues have made it necessary to increase the City's property tax
levy 3.7% in 1993. Since there was no increase in the levy for
1992, in actuality, the increase is for a two-year period. Because
of changes in the property classification rates, this levy
translates into a decrease in city property tax for homestead
properties over $125,000 in value, and only a slight increase to
homestead properties under $125,000 in value. It is anticipated
that services provided to residents will be maintained at the
present levels.
The real effect on city property taxes for a residential homestead
lot varies due to a change in property class rates. An adjustment
of these rates by the 1991 state legislature, in effect, decreases
the tax rate on homes with a higher market value. The effect on
city property taxes on homestead properties with market values of
$100,000, $150,000, $200,000 and $250,000 home are as follows:
Increase/
Market Value 1992 1993 (Decrease)
$100,000 Taxable Value $1,280 $1,280 -0-%
City Tax 258 265 2.86%
$150,000 Taxable Value $2,455 $2,280 {7.13%)
City Tax 495 473 (4.44%)
$200,000 Taxable Value $3,705 $3,280 (11.47%)
City Tax 746 680 ( 8.85%)
$250,000 Taxable Value $4,955 $4,280 (13.62%)
City Tax 998 888 (11.02%)
The Sewer Fund has experienced a 46% increase for 1993.
due almost entirely to an increase in Metro Waste
Commission sewage treatment charges to the City of 47%. B
this increase, the quarterly residential sewer charge for
increase $20.00 per quarter. This will cover the MWCC
while allowing for the continued sewer facilities mainte
This is
Control
cause of
993 will
increase
ance.
The Water Fund budget remains fairly consistent with 1 92. An
increase of $.05 per 1000 gallons is scheduled to help to ease the
deficit in this fund. The levy for the Water Reven e Bonds
decreased in 1993 by $825 because of lower interest payro nts.
Page 3
The Recycling Fund budget is decreased from 1992 because of the
discontinuance of the recycling drop-off site. However, revenues
are expected to decrease. Market conditions make profit from the
sale of recyclablesuncertain; therefore, the recycling contractor
has informed the City that revenue from this source will not be
available. Hennepin County will be converting from a grant program
to an entitlement program. Under this change, the City will
receive $1.75 per household per month rather than 80% of the cost
of recycling.
In approving these budgets, the city Council is being responsive to
the needs of the residents of the City, both now and into the
future. We, therefore, recommend the adoption of the 1993 General
Fund Budget and Property Tax Levy, Water Fund Budget, Sewer Fund
Budget and Recycling Fund Budget.
espectfully submitted,
C-~
ames C. Hurm
City Administrator/Clerk
CITY OF SHOREWOOD
1993 PROPOSED GENERAL FUND, WATER FUND
SEWER FUND AND RECYCLING FUND BUDGETS
TABLE OF CONTENTS
Summary of 1993 General Fund Budget
Freparation Calendar for 1993 Budget
Organizational Chart
General Operatinq Fund
Revenues
Proposed Revenues Chart
Summary of Proposed 1993 Revenues
Expenditures
Proposed Expenditures Chart
Summary of Proposed 1993 Expenditures
Departmental Budgets
51 - Mayor and Council
52 - Administrator
53 - General Government
54 - Finance
55 - Professional Services
56 - Planning and Zoning
57 - Municipal Building .... City Hall
58 - Police
59 - Fire Protection
60 - Protective Inspection
61 - City.Engineer
62 - Public Works Service
63 - Streets and Roadways
64 - Snow and Ice Removal
65 - Traffic Control/Street Lighting
PAGE
1
3
4
5
6-7
8
9
10-11
12-13
14-15
16-17
18-19
20-21
22-23
24-25
26-27
28-29
30-31
32-33
34-35
36-37
38-39
Departmental Budgets (cont.)
67 - sanitation/Waste Removal/Weeds
68 - Tree Maintenance
69 - Parks and Recreation
70 - Capital Improvement
71 - Contingency
PAGE
40-41
42-43
44-45
46-47
48-49
Water Fund
Proposed 1993 Revenues and Expenses
50-51
Sewer Fund
Proposed 1993 Revenues and Expenses
52-53
Recvclinq Fund
Proposed 1993 Revenues and Expenses
54-55
I
CITY OF SHOREWOOD
SUMMARY OF PROPOSED 1993 GENERAL FUND BUDGET
AD VALOREM PROPERTY TAX
LICENCES AND PERMITS
INTERGOVERNMENTAL
FINES AND FORFEITURES
CHARGES FOR SERVICE
TRANSFERS AND MISCELLANEOUS
TOTAL BUDGETED REVENUES
MAYOR AND COUNCIL
ADMINISTRATOR
GENERAL GOVERNMENTAL SERVICES
FINANCE
PROFESSIONAL SERVICES
PLANNING AND ZONING
MUNICIPAL BUILDING (CITY HALL)
POLICE
FIRE PROTECTION
PROTECTIVE INSPECTION
CITY ENGINEER
PUBLIC WORKS
CAPITAL OUTLAY
STREETS AND ROADWAYS
STREET IMPROVEMENTS
SNOW AND ICE REMOVAL
TRAFFIC CONTROL/STREET LIGHTING
SANITATION/WASTE REMOVAL/WEEDS
TREE MAINTENANCE
PARKS AND RECREATION/BEACHES
CAPITAL OUTLAY
CAPITAL IMPROVEMENT
CONTINGENCY
TOTAL BUDGETED EXPENDITURES
REVENUE SUMMARY
AMENDED
BUDGET
1992
1,840,663
128,525
18,750
95,000
9,500
266,200
2,358,638
EXPENDITURE SUMMARY
AMENDED
BUDGET
1992
48,698
96,334
81,767
85,390
104,780
80,120
143,200
392,336
95,398
99,433
37,401
162,396
o
148,914
312,000
35,066
34,000
14,610
25,387
141,102
14,750
165,000
40,556
2,358,638
-1-
PROPOSED
BUDGET %
1993 CHANGE
1,909,253
107,300
13,750
95,000
8,200
223,000
2,356,503
3.73
(16.51)
(26.67)
0.00
(13.68)
(16.23)
(0.09)
PROPOSED
BUDGET %
1993 CHANGE
52,103
92,144
92,103
89,782
104,576
89,043
96,720
405,174
102,668
86,689
39,000
170,415
90,000
155,739
220,000
37,723
32,500
16,111
29,285
139,504
56,550
101,600
57,074
2,356,503
6.99
(4.35)
12.64
5.14
(0.19)
11.14
(32.46)
3.27
7.62
(12.82)
4.28
4.94
0.00
4.58
(29.49)
7.58
(4.41)
10.27
15.35
( 1. 13 )
283.39
(38.42)
40.73
(0.09)
JUNE 15, 1992
JUNE 15 -
JULY 20, 1992
JULY 20-31, 1992
AUGUST 1, 1992
AUGUST 3 -
AUGUST 17, 1992
AUGUST 20, 1992
AUGUST 24, 1992
SEPTEMBER 1, 1992
CITY OF SHOREWOOD
1993 BUDGET PREPARATION CALENDAR
Budget worksheets distributed to Department
Heads and Administrator
Departmental budgets are prepared
Departmental budgets are reviewed with
Administrator and Finance Director
Dept. of Revenue advises City of 1993 Local
Government Aid amount
Departmental budgets are revised and budget is
assembled for Council workshop(s)
Council receives proposed 1993 budget
County informs City of county and school
board(s) public hearing dates
Workshop with Council to review proposed 1993
budget
Dept. of Revenue advises City of 1993 HACA &
DRA amounts
SEPTEMBER 14, 1992 City Council approves preliminary 1993 Tax
Levy and Budget and sets ini tial and
continuation public hearing dates
SEPTEMBER 15, 1992 Preliminary 1993 Tax Levy and Budget certified
to County Auditor
SEPTEMBER 15 -
NOVEMBER 9, 1992
ON OR BEFORE
NOVEMBER 10, 1992
TWO TO SIX DAYS
BEFORE PUBLIC
HEARING DATE
NOVEMBER 30, 1992
ON OR BEFORE
DECEMBER 28, 1992
Inform County of initial and continuation
public hearing dates
Council reviews and revises proposed budget
County mails notice of proposed property tax
increase to all property owners
City publishes 1/4 page ad of public hearing
dates in official newspaper
Council holds public hearing and adopts final
1993 Tax Levy and Budget
City certifies final 1993 Tax Levy and Budget
to County Auditor
City certifies compliance with Truth in
Taxation requirements to Dept. of Revenue
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I
BUDGET COMMENTS: GENERAL FUND REVENUES
TAXES:
The City taxes its residents to finance the general operating
fund to' provide for basic governmental services
Special Levy is for debt service on equipment purchases.
LICENSE/PERMIT FEES:
RentaL Housing License Fees
Liquor licenses
Otner Business Lie. - Fees for licenses & permits to business establishments
State Surcharge Collections
Building Perm~ts - based upon valuation of structure
Well Permits - Distributed by the State of MN as of 1/1/90
Dog Licenses
Other Non-business - Misc. Permit or Lie. Fees
LOCAL GOVERNMENT AID
The Omnibus Tax Law of 1971 established Local Government Aid.
The Omnibus Tax Law of 1989 shifts this aid to School Districts.
The City's entire allotment of LGA was shifted to the School Districts for 1990.
HOMESTEAD AND AGRICULTURE CREDIT AID - A portion of the Tax Levy shown above
FISCAL DISPARITIES - Received with taxes above. In 1971, the
legislature enacted this law to allow municipalities to
share in metropolitan commercial/industrial growth.
A percentage of commercial/industrial taxes are pooled
and distriouted to communities with little or no
commercial/industrial tax base.
MSA ROAD AID (Became eligible for this aid as of 1/1[90)
Aid provided to cities over 5000 pop. to maintain des~gnated MSA roads
COUNTY RECYCLING AID - reimbursement for recycling expenses - moved to Fund # 62
METRO COUNCIL PLANNING GRANT - for updating of land use maps, etc.
GENERAL GOVERNMENT
The City provides services to the public for which a charge is collected
such as assessment services, map sales, planning fees, etc.
SANITATION - Dump fees and charges for spring clean-up - moved to Fund # 62
FINES & FORFEITS - Fines imposed for traffic & ordinance violations
MISC. REVENUES - Revenue from a variety of sources
such as interest income, payments on house, pop sales, etc.
LIQUOR STORE TRANSFER - Revenue from liquor stores
based on previous year profits.
BUDGETED RESERVES - 1992 funds allocated for Park Referendum, Cathcart Tennis Court;
and unused 1992 Street Patching materials budget
-6-
...
...
SUMMARY OF ESTIMATED REVENUES
1993 GENERAL FUND BUDGET
Actual Actual Budget Jan-June Annual Proposed Adopted
REVENUES: 1990 1991 1992 (Amd) 1992 EST-92 1993 1993
---------------------------------------------------------------------------------------------
TAXES:
General Property 1,375,863 1,549,492 1,840,663 600,000 1,822,256 1,909,253
Fiscal Disparit~es 61,277 78,383
Special Levy
--------------------------------------------------------'-------------------------------------
Total Taxes 1,437,140 1,627,875 1,840,663 600,000 1,822,256 1,909,253 0
LICENSE\PERMIT FEES:
Rental Housing
Surcharge Rebate 8,175
Alcohol~c Beverage 8,175 8,675 8,200 8,200 8,200
Others-Business 631 540 1,350 1,495 1,495 1,600
State Surcharge 10,787 8,543 6,000 2,417 5,000 5,000
Building Perm~ts 181,762 149,403 110,000 48,320 115,000 90,000
Well Permits
Dog Licenses 1,651 1,900 2,000 2,011 2,100 2,000
ot ers-Misc. 822 500 500
Total 203,828
INTER-GOVERNMENTAL REVENUES
FEDERAL AIDS
CDBG Grant
STATE AIDS
Local Gov't Aid
Homestead Tax Aid 209,928 137,426
Misc.
MSA Road Aid 13,875 13,755 13,750 6,878 13,750 13,750
---------------------------------------------------------------------------------------------
Total 223,803 151,181 13,750 6,878 13,750 13,750 0
168,561
128,525
62,443
131,795
107,300
o
COUNTY/METRO AIDS
county Recycling 49,977
Metro Plan Grant 2,500 5,000 2,500
---------------------------------------------------------------------------------------------
Total 49,977 2,500 5,000 0 2,500 0 0
CHARGES FOR SERVICE
General Government 2,745 3,111 9,500 9,456 10,000 7,500
Sanitation 6,089
Recreation 1,109 524 700 700
---------------------------------------------------------------------------------------------
Total 9,943 3,635 9,500 9,456 10,700 8,200 0
FINES & FORFEITS 124,234 101,200 95,000 38,538 95,000 95,000
---------------------------------------------------------------------------------------------
Total 124,234 101,200 95,000 38,538 95,000 95,000 0
MISC REVENUES 124,069 157,165 69,000 14,563 69,000 160,500
---------------------------------------------------------------------------------------------
Total 124,069 157,165 69,000 14,563 69,000 160,500 0
TRANSFERS
From Other Funds 175,000
From Liquor Stores 20,000 25,000 35,000 35,000 40,000
---------------------------------------------------------------------------------------------
Total 195,000 25,000 35,000 0 35,000 40,000 0
BUDGETED RESERVES 162,200 162,200 162,2~~_____~~~~~~____________
--------------------------------------------------------------------
Total 0 0 162,200 162,200 162,200 22,500 0
;~;~=~~~~~~======2~367~994==2~237~117==2~3~8~638==894~078=2~342~201==2~3~6~~03==========O=
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FUND # 10
Dept #
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
67
68
69
70
71
CITY OF SHOREWOOD
SUMMARY OF DISBURSEMENTS
1993 PROPOSED BUDGET
GENERAL FUND
Department
Mayor and Council
Adiilinistrator
General Gov't Services
Finance
Professional Services
Planning & Zoning
Municipal Bldg. (City Hall)
Police
Fire
Protective Inspection
Citr Engineer
Pub ic Works Service
capital Outlay
Streets & Roadways
Street Improvements
Snow & Ice Removal
Traffic Control/Street Lighting
Sanitation/Waste Removal/Weeds
Tree Maintenance
Parks & Recreation/Beaches
Capital Outlay
Capital Improvement
Contingency
Total General Fund Operating Expenditures
Fund 60 Special Levy for Water Fund
Total Budgeted Expense
-9-
Amended .
Budget
1992
Proposed
Budget
1993
48,698
96,334
81,767
85,390
104,780
80,120
143,200
392,336
95,398
99,433
37,401
162,396
o
148,914
312,000
35,066
34,000
14,610
25,387
141,102
14,750
165,000
40,556
52,103
92,144
92,103
89,782
104,576
89,043
96,720
405,174
102,668
86,689
39,000
170,415
90,000
155,739
220,000
37,723
32,500
16,111
29,285
139,504
56,550
101,600
57,074
2,358,638
2,356,503
15,500
14,675
------------
------------
------------
------------
2,374,138
2,371,178
I
FUND:
DEPARTMENT:
DEPT NO:
General
Mayor and Council
51
DEPARTMENT MISSION:
------------------------------------------------------------------------------------------
The Mayor and City Council set policy
for the City and provide general
direction to the Administrator in
policy implementation. The department
budget supports council development,
information efforts and special City
associations and programs (ie: LMCD)
OBJECTIVES:
- Televise all City Council meetings
- Inform citizens through quarterly city newsletters
- Enhance intergovernmental relations & cooperation by supporting
"Optimum" study
- Support an effort to establish senior housing wihtin the City
- Undertake a meaningful goal setting session during the first
60 days of 1993
HIGHLIGHTS/COMMENTS:
Staffing:
City Council Salaries increase in 1993: Mayor - $250/moi Council- $200/mo
Supplies/Materials:
Awards and misc. supplies
Support Services:
Senior Housing Consultant
City Satisfaction Survey Consultant
Chr~stmas Lake Milfoil Inspections (2)
6,000
2,000
1,400
Conferences and Seminars
A~preciation Dinner for City Volunteers/Staff
c~ty Newsletters (4)
1,000
1,600
4,500
Charges & Fees:
Lake Mtka Consv. Dist. 'LMCD)
Assn of Metro Municipal~ties
League of MN Cities
Misc. Subscriptions
West Henn. Human Services
Henn. Co. Fair
Fireworks
MN Mayors Association
Board & Administrator Magazine
12,865
1,700
3,414
200
1,350
50
1,000
10
200
Capital Outlay:
Desktop Publishing Software for Newsletter
-10-
I
FUND: #10
DEPARTMENT: Mayor and Council
DEPT # 51
---------------------------------------------------------------------------------------
BUDGET
ITEM
Actual
1990
Actual Budget Jan-June
1991 1992(Amd) 1992
Annual Proposed Adopted
Est-92 1993 1993
---------------------------------------------------------------------------------------
staffing 10,168 10,065 10,170 5,149 10,335 13,714
Supplies/Materials 368 1,481 400 0 400 500
Support Services 13,685 15,327 12,740 4,594 11,000 16,500
Charges & Fees 20,274 23,375 24,788 20,923 24,788 20,789
Capital outlay 600 600 600 600
Transfers
TOTAL
=======================================================================================
47,123
52,103
o
44,495
50,248
48,698
31,266
SERVICE INDICATORS:
---------------------------------------------------------------------------------------
Conferences &
Schools Attended
Newsletters Published
1
4
o
o
4
COST INDICATORS:
---------------------------------------------------------------------------------------
Expenditures
Program Revenues
Levy Dollars
Other Dollars
44,495
44,495
50,248
50,248
4
4
52,103
52,103
STAFFING:
---------------------------------------------------------------------------------------
Part time:
Mayor
Councilmembers
1
4
48,698
48,698
1
4
1
4
-11-
1
4
!
FUND : -
General
DEPARTMENT MISSION:
To imolement policy established by the
DEPARTMENT: Administrator City touncil; offer staff suooort to the
City Council in it policy making role."
DEPT NO: 52 and manage day-to-day operations of the
City in a manner consistent with
established City- values to effectively
and efficiently meet set goals & objectives
-----~------------------------------------------------------------------------------------
OBJECTIVES:
-.
Develop and implement a citizen survey to annually measure service
satisfaction (customer satisfaction audit)
Update comparable worth pay plan
Provide an orientation session for Council and Commission members
Begin negotiations for a 1994-95 AFSCME agreement
take a leadership role in intergovernmental cooperative efforts
in the Lake Minnetonka area
Implement a process to quarterly review City objectives
Introduce a merit elemtent to the City's pay plan system
Coordinate implementation of Senior Task Force recommendations
Monitor the cost of engineering services and update recommendations
for a City Engineer position
HIGHLIGHTS/COMMENTS:
Staffing:
Includes step increases and increase in insurance cap to S290/mo
Secretary/Receptionist salary removed for 1993
Supplies/Materials:
Maintenance contracts on comouter & office equipment
Miscellaneous books & supplies
Support Services:
Labor Relations Associates Contract
Conference, mileage, meetings & seminars
Charges & Fees:
Memberships to ICMA, MC.U, MAMA & MPELRA
-12-
I
FUND: #10
DEPARTMENT: Administrator
DEPT # 52
BUDGET
ITEM
Actual
1990
---------------------------------------------------------------------------------------
Annual Proposed Adopted
Est-92. 1993 1993
Actual Budget Jan-June
1991 1992(Amd) 1992
---------------------------------------------------------------------------------------
staffing 56,083 78,797 87,405 40,601 87,405 85,004
Supplies/Materials 774 743 774 364 774 785
Support Services 6,050 5,143 6,050 4,363 4,950 5,750
Charges & Fees 605 542 605 294 605 605
capital Outlay 1,500 1,500 1,496 1,496
Transfers
TOTAL
65,012
=======================================================================================
o
SERVICE INDICATORS:
COST INDICATORS:
Expenditures
65,012
Program Revenues
Levy Dollars
65,012
Other Dollars
85,225
85,225
85,225
96,334
47,118
95,230
92,144
96,334
96,334
92,144
92,144
---------------------------------------------------------------------------------------
STAFFING:
Full Time:
Admistrator/Clk
Exec Sec/Dep Clk
Secretary/Recept
1
.25
1
.25
1
.50
.25
-13-
1
.50
I
FUND:
DEPARTMENT:
DEPT NO:
General
General Government
DEPARTMENT MISSION:
53
Provide staff support for the City Council
including preparation of agendas and
meeting packets. Responsible for City
Clerk functions including elections,
record retention, notices and licenses.
------------------------------------------------------------------------------------------
OBJECTIVES:
- Fully implement computerized Clerks index relating to minutes of Council
proceedings and other records
- Maintain an up-to-date microfilm history of City records
- Have City Code books updated twice annually
- Complete City Clerk Certification Program (Deputy Clerk)
HIGHLIGHTS/COMMENTS:
Staffing:
Includes ste~ increases and increase in insurance cap to $290/mo
Asst. Clerk ~ncreases to .5 and Sec/Recept decreases to .7 for 1993
Part time includes summer office staff and student intern
No election judges in 1993
Supplies/Materials:
Office supplies
Maintenance contracts for computers and office machines
New copies of League of MN Cities Handbook & City Directories
Support Services:
Microfilming of permanent documents
Conference, mileage and Seminars
Publication of legal notices for all General Fund Depts
Updates to city code
Council Record~ng Secretary
Charges & Fees:
Memberships to IIMC, MCFOA & Municipals
Capital Outlay:
-14-
I
FUND: #10
DEPARTMENT: General Government Services
BUDGET
ITEM
Actual
1990
Actual Budget Jan-June
1991 1992(Amd) 1992
---------------------------------------------------------------------------------------
DEPT # 53
Annual Proposed Adopted
Est-92 1993 1993
staffing 72,628 75,138 57,252 26,954 53,803 64,093
Supplies/Materials 11,820 12,681 13,295 7,997 13,345 13,880
Support Services 8,136 17,567 9,850 2,973 10,600 13,950
Charges & Fees 150 399 170 140 215 180
Capital Outlay 1,200 1,253 1,253
Transfers
TOTAL
92,734 105,785
39,317
79,216
=======================================================================================
92,103
o
81,767
---------------------------------------------------------------------------------------
SERVICE INDICATORS:
No. of Elections held 2 0 3
No. of Ordinances 16 12 12
No. of Resolutions 141 129 130
Dog licenses issued 462 449 341
Other licenses issued 10 12 14
o
400
15
COST INDICATORS:
---------------------------------------------------------------------------------------
Expenditures
Program Revenues
Licenses
Sale of copies
Spec Assess Searches
Levy Dollars
81,767
92,734 105,785
11,183
614
2,490
78,447
10,615
270
1,950
92,950
12,525
500
3,000
65,742
Other Dollars
92,103
12,300
500
2,000
77,303
---------------------------------------------------------------------------------------
STAFFING:
Full time:
Exec Sec/Dep Clk
Secretary/Recept
Assistant Clerk
1
.75
.50
.50
.75
.25
1
.75
.66
Part time:
Office
Intern
Election Judges
1
1
1
40
40
-15-
.50
.70
.50
1
1
I
FUND:
DEPARTMENT:
DEPT NO:
General
Finance
DEPARTMENT MISSION:
54
To administer financial policies of the
City; perform accounting functions for
all fund types; invest available funds in
accordance with state statutes; oversee
City insurance policies; and provide for
timely reporting of financial matters to
City Council, staff and the public.
OBJECTIVES:
- Implement new budget format and enhance for 1994 budget year
- Prepare CAFR for submittal to GFOA Certificate of Excellence Program
- Implement new chart of accounts
- Provide monthly reports to staff, quarterly reports to council,
- Invest available City funds in accordance with State statutes to maintain
the safety and liquiaity of funds and achieve the highest reasonable return
- Investigate alternative financing sources to reduce percentage of property
taxes to total revenue
HIGHLIGHTS/COMMENTS:
Staffing:
Includes step increases and increase in insurance cap to $290/mo
Senior Accounting Clerk reduced to .6 for 1993
Supplies/Materials:
Computer supplies, checks & budget supplies
Maintenance contracts for computer ana office equipment
Miscellaneous supplies
Support Services:
Conferences, Mileage, Meetings & Seminars
Publication of Financial Statements & Budgets
Bank & Broker service charges
Charges & Fees:
Membershi~s to GFOA & MGFOA
Subscript~on to GFOA periodicals
Submittal fee - GFOA Certificate of Excellence Program
-16-
I
FUND: #10
DEPARTMENT: Finance
DEPT # 54
---------------------------------------------------------------------------------------
BUDGET
ITEM
Actual
1990
Actual Budget Jan-June. Annual Proposed Adopted
1991 1992(Amd) 1992 Est-92 1993 1993
---------------------------------------------------------------------------------------
Staffing 59,957 69,084 76,505 35,235 73,009 79,722
Supplies/Materials 1,949 2,629 3,460 779 3,010 3,360
Support Services 10,099 3,584 4,750 1,776 4,900 6,100
Charges & Fees 180 355 675 515 675 600
Capital Outlay 299
Transfers
=======================================================================================
TOTAL
72,185
75,951
85,390
38,305
81,594
89,782
o
---------------------------------------------------------------------------------------
SERVICE INDICATORS:
---------------------------------------------------------------------------------------
COST INDICATORS:
Expenditures
72,185
75,951
85,390
89,782
Program Revenues
Interest Earnings
Levy Dollars
91,685 101,333
(19,500) (25,382)
52,000
33,390
50,000
39,782
Other Dollars
---------------------------------------------------------------------------------------
STAFFING:
Full time:
Finance Dir
Sr Acctg Clerk
1
.60
1
..70
1
.70
1
.60
-17-
I
DEPARTMENT MISSION:
FUND:
DEPARTMENT:
DEPT NO:
General
Professional Services
55
Provide contracted ~rofessional services
to the city, includ~ng general legal,
prosecution, financial audit and
property assessment
OBJECTIVES:
- Contain costs on contracted professional services
HIGHLIGHTS/COMMENTS:
Supplies/Materials:
Supplies for City Assessor
support Services:
Includes general legal fees and prosecutions, assessing contract
and annual audit services
-18-
I
FUND: #10
DEPARTMENT: Professional Services
DEPT # 55
---------------------------------------------------------------------------------------
BUDGET
ITEM
Actual
1990
Actual Budget Jan-June
1991 1992(Amd) 1992
Annual Proposed Adopted
Est-92 1993 1993
---------------------------------------------------------------------------------------
staffing
Supplies/Materials
Support Services
Charges & Fees
Capital Outlay
Transfers
667 1,092 800
137,919 179,199 103,980
352 400 500
40,809 107,097 104,076
=======================================================================================
TOTAL
138,586 180,291 104,780
41,161 107,497 104,576
o
SERVICE INDICATORS:
No. of parcels 2,706 2,716 2,724
No. of prosecutions
No. of litigations 8 5 2
No. of City Funds 16 23 25
2,730
25
COST INDICATORS:
Expenditures
138,586 180,291 104,780
104,576
Program Revenues
Fines
21,812
28,431
18,000
18,000
Levy Dollars
Other Dollars
---------------------------------------------------------------------------------------
STAFFING:
-19-
I
FUND:
DEPARTMENT:
DEPT NO:
General
Planning & Zoning
56
DEPARTMENT MISSION:
Guide and control the physical
development of the community.
Coordinate and implement long
range city-wide and area planning
act~vities. .
OBJECTIVES:
- Update the City Comprehensive Plan
- Update the City Subdivision Ordinance
- Enhance administrative procedures
- Start an elderly housing project
- Complete the automation of property records
- Resolution of Rental Housing Code
HIGHLIGHTS/COMMENTS:
Staffing:
Includes step increases and increase in insurance cap to$290/mo
Increase Planning Director salary to .95 and Planning Asst. to .7
Supplies/Materials:
Maintenance contracts for computer & office equipment, and cellular phone
Miscellaneous supplies
Support Services:
Recording Secretary for Planning Commission Meetings
Air time for cellular phone
Conferences, mileage, meetings & seminars
Printing of Compo Plan map updates
charges & Fees:
Membershi~s to APA, MN APA, Sensible Land Use Coalition
Subscript~ons to APA Journal & Zoning News
-20-
I
FUND: #10
DEPARTMENT: Planning & Zoning
DEPT # 56
BUDGET
ITEM
---------------------------------------------------------------------------------------
Actual
1990
Actual Budget Jan-June
1991 1992(Amd) 1992
Annual Proposed Adopted
Est-92 1993 1993
---------------------------------------------------------------------------------------
Staffing 57,926 64,509 64,145 37,282 64,195 80,433
Supplies/Materials 565 918 1,790 1,813 1,990 1,880
Support Services 1,676 5,104 6,280 1,260 5,130 6,480
Charges & Fees 177 239 205 75 205 250
Capital Outlay 1,150 424 7,700 7,518 7,700
Transfers
=======================================================================================
TOTAL
61,494
71,194
80,120
47,948
79,220
89,043
o
---------------------~-----------------------------------------------------------------
SERVICE INDICATORS:
No. of zoning apps.
No. of zoning complnts
28
11
24
8
45
15
---------------------------------------------------------------------------------------
COST INDICATORS:
Expenditures 61,494 71,194 80,120
Program Revenues
Zoning Appl. Fees 4,538 972 4,000
Bldg. P~rmit Carryover 117,790 82,688 16,567
Levy Dollars (60,834) (12,466) 59,553
Other Dollars
89,043
5,000
8,360
75,683
-----------------------------------------------------------~---------------------------
STAFFING:
Full time:
Planning Dir
Planning Asst.
.85
.5
.95
.7
-21-
I
FUND:
DEPARTMENT:
DEPT NO:
General
Municipal Bldg - City Hall
57
DEPARTMENT MISSION:
Provide for the ~hysical operation
of City Hall: ut~l~ties; maintenance
of off~ce equipment and the buildin9
structure; and provide for the City s
general l~ability; pro~erty, auto and
worker's compensation ~nsurance.
------------------------------------------------------------------------------------------
OBJECTIVES:
- Paint entryway area and other office areas, where necessary
- Purchase and install cabinet doors for office service counters
HIGHLIGHTS/COMMENTS:
Supplies/Materials:
Maintenance contracts for copier, telephones and office equipment
Maintenance to city hall building
City Hall supplies
Support Services:
City Hall janitorial & rug services
Utilities and phone service for City Hall - 1 new phone line
Insurance coverage for all city depts except enterprise funds
Charges & Fees:
Rental of postage meter and pop machine
Special Assessments on City owned property
-22-
I
FUND: #10
DEPARTMENT: Municipal Building - City Hall
DEPT # 57
BUDGET
ITEM
Actual
1990
Actual Budget Jan-June
1991 1992(Amd) 1992
Annual Proposed Adopted
Est-92 1993 1993
---------------------------------------------------------------------------------------
Staffing
Supplies/Materials 5,786 8,939 8,300 4, 60.0 7,300 8,420
Support Services 77,574 77,509 85,600 7,248 86,000 85,800
Charges & Fees 3,322 4,503 4,000 1,060 2,500 2,500
Capital Outlay 48,770 5,670 300 6,692 7,766
Transfers 45,000 45,000
TOTAL
135,452
96,621 143,200
19,600 148,566
=======================================================================================
96,720
o
SERVICE INDICATORS:
----------------------------------~----------------------------------------------------
Number of copies
162,587 164,653 156,000
160,000
COST INDICATORS:
---------------------------------------------------------------------------------------
Expenditures
96,621 143,200
135,452
Program Revenues
Insurance rebate
Levy Dollars
9,899
125,553
18,829
77 ,792
15,000
128,200
Other Dollars
96,720
15,000
81,720
STAFFING:
---------------------------------------------------------------------------------------
-23-
I
DEPARTMENT MISSION:
FUND:
DEPARTMENT:
DEPT NO:
~
General
Police
58
To provide a modern, flexible, full-service
criminal justice agency which is responsive
to commun~ty needs
------------------------------------------------------------------------------------------
OBJECTIVES:
- To provide emergency response to life-threatening situations
- to reduce crime
- to provide traffic control
- To promote the peace and tranquility of the community (order maintenance)
- to meet its mission statement with its limited budget and staffing
HIGHLIGHTS/COMMENTS:
Supplies/Materials:
Service for civil defense sirens
support Services:
Police services contract for 1993
Prisoner expense, court officer expense, & booking fees
Annual Police Auxilliary Dinner
-24-
I
FUND: #10
DEPARTMENT: Police
DEPT # 58
---------------------------------------------------------------------------------------
BUDGET
ITEM
Actual
1990
Actual Budget Jan-June
1991 1992(Amd) 1992
Annual Proposed Adopted
Est-92 1993 1993
---------------------------------------------------------------------------------------
Staffing
Supplies/Materials
Support Services
Charges & Fees
Capital Outlay
Transfers
760 500 200 500
377,389 383,057 391,836 225,802 391,836 404,674
=======================================================================================
TOTAL
378,149 383,057 392,336 225,802 392,036 405,174
o
SERVICE INDICATORS:
Initial complaint report 12,230 13,388 14,000 15,000
Clearance rate - ICR's 95.8% 96.0% 96.0% 96.0%
Part I crimes (serious) 306 290 300 300
Part II crimes (other) 720 672 700 700
Clearance rate (Parts 67% 62% 60% 60%
I & II)
Statewide clearance rate 40% 39% 39% 38%
Citations issued * 7,333 6,570 6,100 4,600
Police vehicles 8 8 8 8
Shorewood demand 43.3% 43.0% 44.3% 44.8%
* A traffic grant that has provided $90,000 in federal funds for overtime traffic
enforcement will end ~n October 1992. This grant has enabled us to maintain a
strong traffic enforcement effort for the past three years. With the grant
ending, a large drop in citations issued can be expected.
---------------------------------------------------------------------------------------
COST INDICATORS:
Expenditures 378,149 383,057 392,336 405,174
Program Revenues
Fines 102,422 72,769 77 , 000 77,000
Levy Dollars 275,727 310,288 315,336 328,174
Other Dollars
---------------------------------------------------------------------------------------
STAFFING:
Chief
Lieutenant
Sergeant
Investigator *
Patrol Officer
Administrative Clerk
Clerk/Typist **
* 1 Juvenile Specialist
** 2 Part time @ .6
1
1
2
2
7
1
1.2
1
1
2
2
7
1
1.2
1
1
2
2
7
1
1.2
1
1
2
2
7
1
1.2
-25-
I
DEPARTMENT MISSION:
FUND:
DEPARTMENT:
DEPT NO:
General
Fire Protection
-------------------
59
Provide the highest possible quality
of fire suppression, prevention and
education services, and First Responder
emergency medical services
------------------------------------------------------------------------------------------
OBJECTIVES:
HIGHLIGHTS/COMMENTS:
Support Services:
Fire contracts with Mound ($4,585 [ +3% ]) & Excelsior ($98,103 [ +8% ])
-26-
I
FUND: #10
DEPARTMENT: Fire Protection
DEPT # 59
---------------------------------------------------------------------------------------
BUDGET
ITEM
Actual
1990
Actual Budget Jan-June
1991 1992(Amd) 1992
Annual Proposed Adopted
Est-92 1993 1993
---------------------------------------------------------------------------------------
Staffing
Supplies/Materials
Support Services
Charges & Fees
Capital Outlay
Transfers
79,749
88,527
95,398
71,549
95,398 102,668
=======================================================================================
TOTAL
79,749
88,527
95,398
71,549
95,398 102,668
o
---------------------------------------------------------------------------------------
SERVICE INDICATORS:
Excelsior Fire Dept. for Shorewood
Fire calls 44 62 70 80
Rescue calls 66 93 100 100
Inspection hours 101 75 75 75
Investigation hours 33 25 25 25
Other hours * 260 244 190 250
Cost of emergency
response 66,992 75,968 82,517
Cost of ins~ection/
inves igation 7,047 7,159 8,471
* includes plan review, paper work, complaint investigation,
tank removals, burning permits, etc.
---------------------------------------------------------------------------------------
COST INDICATORS:
Expenditures
79,749
88,527
95,398
102,668
Program Revenues
Levy Dollars
79,749
88,527
95,398
102,668
Other Dollars
---------------------------------------------------------------------------------------
STAFFING:
Chief 1 1 1 1
Asst. Chief 1 1 1 1
Captain 2 2 2 2
Lieutenants 4 4 4 4
Fire Marshall 1 1 1 1
Training Officer 1 1 1 1
Firefig ters 25 20 25 30
-27-
I
DEPARTMENT MISSION:
FUND:
DEPARTMENT:
DEPT NO:
General
Protective Inspection
60
Enforce construction safety and
related building codes through plan
review and inspections
------------------------------------------------------------------------------------------
OBJECTIVES:
Increase and enhance public information through the development of at least
two handouts relative to building codes
Draft an article for each newsletter
Explore joint inspection possibilities with adjoining communities
- Computerize building permits and permit tracking
HIGHLIGHTS/COMMENTS:
Staffing:
Includes step increases and increase in insurance cap to $290/mo
Planning Director, Planning Asst. reduced, Secretary7Recept increased for 1993
Supplies/Materials:
Maintenance contracts on computer and office equipment
Miscellaneous supplies
Support Services:
Contractual inspections during vacations, sick leave
Conferences, mileage, meetings & seminars
printing of application forms
Animal control contract with City of Chanhassan
Charges & Fees:
Membership to ICBO
Remittances to state of permit surcharges collected
-28-
I
FUND: #10
DEPARTMENT: Protective Inspection
DEPT # 60
---------------------------------------------------------------------------------------
BUDGET
ITEM
Actual
1990
Actual Budget Jan-June
1991 1992(Amd) 1992
Annual Proposed Adopted
Est-92 1993 1993
---------------------------------------------------------------------------------------
Staffing 47,152 51,285 67,318 28,005 67,418 61,739
Supplies/Materials 529 561 1,765 219 1,765 1,775
Support Services 17,043 15,943 18,250 4,667 15,600 18,075
Charges & Fees 9,863 7,469 6,100 1,771 5,100 5,100
Capital Outlay 172 6,000 6,000
Transfers
=======================================================================================
TOTAL
74,759
75,258
99,433
34,662
95,883
86,689
o
SERVICE INDICATORS:
No. of ~ermits issued
New omes 82 69 50
Additions/Other 516 471 470
Avg ins~ections/permit 8-10 8-10 8-10
New omes
Additions/Other 2-4 2-4 2-4
No. of complaints 32 27 27
COST INDICATORS:
Expenditures 74,759 75,258 99,433 86,689
Program Revenues
Building Permits 181,762 149,403 110,000 90,000
State Surcharges 10,787 8,543 6,000 5,000
Levy Dollars (117,790) (82,688) (16,567) (8,311)
Other Dollars
---------------------------------------------------------------------------------------
STAFFING:
Full time:
Building Official
Planning Dir
Planning Asst
Secretary/Recept
1
.15
.50
1
.15
.50
1
.15
.50
1
.05
.30
.10
-29-
I
DEPARTMENT MISSION:
FUND:
DEPARTMENT:
DEPT NO:
General
City Engineer
61
Provide engineering and construction
management services for the City.
------------------------------------------------------------------------------------------
OBJECTIVES:
- Keep construction project files up to date and accurate
- Provide construction budgets for capital improvement programming and budgeting
- Communicate in written form to affected residents at least two (2) times
during a construction project
- Keep change orders at less than 5% of original contract amount
HIGHLIGHTS/COMMENTS:
Support Services:
Contractual engineering for 1993
-30-
I
FUND: #10
DEPARTMENT: City Engineer
DEPT # 61
BUDGET
ITEM
Actual
1990
Actual Budget Jan-June
1991 1992(Amd) 1992
Annual Proposed Adopted
Est-92 1993 1993
staffing
Supplies/Materials
Support Services
Charges & Fees
Capital Outlay
Transfers
37,991
61,068
37,401
15,268
40,000
39,000
=======================================================================================
TOTAL
37,991
61,068
37,401
15,268
40,000
39,000
o
---------------------------------------------------------------------------------------
SERVICE INDICATORS:
Engineering/Inspection
as % of project cost *
- Street Projects
- Lift Stations 5 & 6
- Pine Bend
- Shady Hills
Old Market Road
- P.W. Facility
SE Water Trmt Plant
29.93%
18.26%
34.30%
12~.17%
**
8.89%
Percentages are project-to-date.
are still in process.
** Most costs to date are design & engineering - little construction to date
All projects, except for 1990 Street Project,
*
----------------------------------------~----------------------------------------------
COST INDICATORS:
Expenditures
37,991
61,068
37,401
39,000
Program Revenues
Levy Dollars
37,991
61,068
37,401
39,000
Other Dollars
---------------------------------------------------------------------------------------
STAFFING:
-31-
I
DEPARTMENT MISSION:
FUND:
DEPARTMENT:
DEPT NO:
General
Public Works Service
62
Provide supervision and su~port
for all public works funct~ons(
provides for public works util~ties,
shop and equipment maintenance and fuels
------------------------------------------------------------------------------------------
OBJECTIVES:
- Perform preventative maintenance on all equipment within 100 miles or 10 hours
of scheduled service
Have City personnel perform 90% of City building repairs and preventative
maintenance
HIGHLIGHTS/COMMENTS:
Staffing:
Includes step anc contract increases and increase in insurance cap to $290/mo
Supplies/Materials:
Includes motor fuel, maintenance of equipment and buildings, and inventory supply items
Support Services:
Uniforms for crew
Utilities and telephone service for public works building
Conference, mileage, meetings & seminars
Miscellaneous - damage to private property (mailboxes, etc)
Charges & Fees:
Miscellaneous equipment rentals
Membership to MN Street Superintendents Assn
Transfers:
Transfer to Equipment Replacement Fund
-32-
I
FUND: #10
DEPARTMENT: Public Works Service
DEPT # 62
---------------------------------------------------------------------------------------
BUDGET
.ITEM
Actual
1990
Actual Budget Jan-June
1991 1992(Amd) 1992
Annual Proposed Adopted
Est-92 1993 1993
---------------------------------------------------------------------------------------
staffing 94,846 110,753 112,146 60,573 112,146 118,615
Supplies/Materials 29,028 37,545 35,050 12,644 33,050 36,300
Support Services 10,261 9,592 13,150 5,377 12,200 14,950
Charges & Fees 1,516 772 2,050 353 472 550
Capital Outlay 187,967 25,015 1,050 1,050
Transfers 90,000
=======================================================================================
TOTAL
323,618 183,677 162,396
79,997 158,918 260,415
o
---------------------------------------------------------------------------------------
SERVICE INDICATORS:
No of Gopher One calls
No of vehicle repairs
1,496
116
1,531
106
725
60
---------------------------------------------------------------------------------------
COST INDICATORS:
Expenditures
323,618 183,677 162,396
260,415
Program Revenues
Levy Dollars
323,618 183,677 162,396
260,415
Other Dollars
---------------------------------------------------------------------------------------
STAFFING:
Full time:
Public Works Dir
Lt Equip Oper/Foreman
Asst. Clerk
1
1.5
1
1.5
1
1.5
.25
1
1.5
.25
-33-
I
DEPARTMENT MISSION:
FUND:
DEPARTMENT:
DEPT NO:
General
Streets & Roadways
63
To maintain and upgrade City streets,
parking areas and storm water control
systems in an efficient and economical
manner
------------------------------------------------------------------------------------------
OBJECTIVES:
- Develop a pavement management system to aid in scheduling of street projects
Paint stop bars, crosswalks and lane markings at half the existing locations
each year - creating a 2-year cycle (heavily traveled streets annually)
- Sweep each City street at least once annually
Mow roadsides at least twice annually
- Mow boulevards at least 6 times annually
- Visually inspect storm drainage grates annually and repair as needed
HIGHLIGHTS/COMMENTS:
staffing:
Includes step and contract increases and increase in insurance cap to $290/mo
Supplies/Materials:
Rock, gravel & bituminous for street & road repair
Support Services:
Operators and equipment for contracted street & road repair
safety training
Contracted road striping
Transfers:
Transfer to Street Replacement Fund
-34-
I
FUND: #10
DEPARTMENT: Streets & Roadways
DEPT # 63
---------------------------------------------------------------------------------------
BUDGET
ITEM
Actual
1990
Actual Budget Jan-June
1991 1992(Amd) 1992
Annual Proposed Adopted
Est-92. 1993 1993
---------------------------------------------------------------------------------------
staffing 75,048 67,984 82,814 34,348 81,904 88,639
Supplies/Materials 60,046 16,540 62,000 5,896 47,000 30,000
suppo,rt Services 1,209 2,030 4,100 2,000 2,600 37,100
Charges & Fees
Capital Outlay 198,961 6,980
Transfers 312,000 312,000 220,000
=======================================================================================
TOTAL
335,264
93,534 460,914
42,244 443,504 375,739
o
---------------------------------------------------------~-----------------------------
SERVICE INDICATORS:
Miles of street
State 2.7 2.7 2.7 2.7
county 1.7 1.7 1.7 1.7
City - MSA 9.3 9.3 9.3 9.3
City - Local 37.2 37.5 38.7 39.0
Miles Sealcoated 0.0 0.0 0.0
Tons of patch material 1,213 653 200
---------------------------------------------------------------------------------------
COST INDICATORS:
Expenditures 335,264 93,534 460,914 375,739
Program Revenues
MSA Maintenance 13,875 13,755 13,750 13,750
Budgeted Reserve 112,000 15,000
Levy Dollars 321,389 79,779 335,164 346,989
Other Dollars
---------------------------------------------------------------------------------------
STAFFING:
Full time:
Lt Equip Oper/Foreman
2.5
2.5
2.5
2.5
-35-
I
DEPARTMENT MISSION:
FUND:
DEPARTMENT:
DEPT NO:
General
Snow & Ice Removal
64
Provide snow and ice control for
public streets and City owned parking
lots to ensure the safe and efficient
movement of traffic
------------------------------------------------------------------------------------------
OBJECTIVES:
- Remove snow and ice and complete salt/sand operations within 12 hours after
the end of a snow event
- Complete widening and clean up functions within 48 hours of a snow event
HIGHLIGHTS/COMMENTS:
staffing:
Includes step and contract increases and increase in insurance cap to $290/mo
Supplies/Materials:
Sand and calcium chloride for ice control
-36-
I
FUND: #10
DEPARTMENT: Snow & Ice Removal
---------------------------------------------------------------------------------------
DEPT # 64
BUDGET
ITEM
Actual
1990
Actual Budget Jan-June
1991 1992(Amd) 1992
Annual Proposed Adopted
Est-92 1993 1993
---------------------------------------------------------------------------------------
Staffing
Supplies/Materials
Support Services
Charges & Fees
Capital Outlay
Transfers
9,466
9,415
29,762
12,350
22,066
13 , 000
5,951
2,454
21,946
13,000
23,723
14,000
TOTAL
=======================================================================================
o
18,881
42, 112
35,066
8,405
34,946
37,723
---------------------------------------------------------------------------------------
SERVICE INDICATORS:
Miles of street plowed
Tons of salt used
Tons of sand used
No of snowfalls
No/times crew deployed
Inches of snowfall
Manhours spent
No of cul-de-sacs plow
41
99
406
579
80
41
102
409
1,820
80
COST' INDICATORS:
---------------------------------------------------------------------------------------
Expenditures
Program Revenues
Levy Dollars
Other Dollars
18,881
18,881
42, 112
42,112
35,066
35,066
37,723
37,723
---------------------------------------------------------------------------------------
STAFFING:
Full time:
Lt Equip Oper/Foreman
.5
.5
.5
-37-
.5
I
FUND:
DEPARTMENT:
DEPT NO:
General
Traffic Control/St Lights
65
OBJECTIVES:
HIGHLIGHTS/COMMENTS:
DEPARTMENT MISSION:
Provide for street lighting and traffic
signals at intersections and other
locations throughout the City for the
safety of pedescrians and vehicular
traff~c .
Supplies/Materials:
Maintenance to semaphores and Hwy 7 & Vine Hill Road, Christmas Lake Road,
County Road 19, and Hwy 41; new semaphore added at Old Market Road
Street signs & posts
support Services:
Electricity for semaphores and street lights
-38-
I
FUND: #10
DEPARTMENT: Traffic Control/Street Lighting
---------------------------------------------------------------------------------------
DEPT # 65
BUDGET
ITEM
Actual
1990
Actual Budget Jan-June
1991 1992(Amd) 1992
Annual Proposed Adopted
Est-92 1993 1993
---------------------------------------------------------------------------------------
Staffing
Supplies/Materials
Support Services
Charges & Fees
Capital Outlay
Transfers
4,833
25,079
3,427
22,473
4,500
29,500
2,745
10,396
4,500
25,500
4,500
28,000
TOTAL
=======================================================================================
32,500
o
SERVICE INDICATORS:
No of street lights
No of traffic signals
29,912
139
3
25,900
143.
4
34,000
147
5
13,141
30,000
COST INDICATORS:
-----------------------------------------------~---------------------------------------
Expenditures
Program Revenues
Levy Dollars
Other Dollars
29,912
29,912
25,900
25,900
34,000
34,000
32,500
32,500
STAFFING:
---------------------------------------------------------------------------------------
-39-
I
FUND:
DEPARTMENT:
DEPT NO:
General
Sanitation/Waste Rmv/Weeds
67
DEPARTMENT MISSION:
-------------------
Provide for the general sanitation
and cleanliness of the City and provide
for the treatment of noxious weeas on
City properties.
OBJECTIVES:
------------------------------------------------------------------------------------------
- Resolve all property cleanup complaints
- Resolve 100% of weed complaints
HIGHLIGHTS/COMMENTS:
Staffing:
Miscellaneous staff time for property clean-ups
Support Services:
Miscellaneous property clean-ups
Contracted weea spray~ng services
Transfers:
Transfer to Recycling Fund
-40-
I
FUND: #10
DEPARTMENT: Sanitation/Waste Removal/Weeds
DEPT # 67
---------------------------------------------------------------------------------------
BUDGET
ITEM
Actual
1990
Actual Budget Jan-June
1991 1992(Amd) 1992
Annual Proposed Adopted
Est-92 1993 1993
---------------------------------------------------------------------------------------
staffing
supplies/Materials
Support Services
Charges & Fees
Capital Outlay
Transfers
7,258
1,508
610
2,447
3,053
611
66,028
4,007
4,000
846
4,000
5,500
10,000
10,000
10,000
=======================================================================================
TOTAL
73,286
5,515
14,610
3,293
17,053
16,111
o
---------------------------------------------------------------------------------------
SERVICE INDICATORS:
NO of weed complaints 7 8 0
No of notices served 6 6 0
No of parcels sprayed
Miles/roadside sprayed
Spraying in Dollars 2,000 2,080 2,160
-------------------------------~-------------------------------------------------------
COST INDICATORS:
Expenditures
73,286
5,515
14,610
16,111
Program Revenues
Levy Dollars
73,286
5,515
14,610
16,111
Other Dollars
---------------------------------------------------------------------------------------
STAFFING:
~
-41-
I
DEPARTMENT MISSION:
FUND:
General
To provide diseased tree inspection
DEPARTMENT: Tree Maintenance services to residents; to remove diseased
trees located on City property; and to
DEPT NO: 68 maintain and trim trees located on
---------------------------------------------g~:!_:~~~:~:~::~~!_~~~-~:~::_~:~~:::!_-------
OBJECTIVES:
- Remove 100% of diseased trees on public property
- Respond to all property owner requests to identify diseased trees
- Maintain and trim trees on City property which present a hazard to public
HIGHLIGHTS/COMMENTS:
Staffing:
Includes step and contract increases and increase in insurance cap to $290/mo
Supplies/Materials:
Paint for tree marking
Support Services:
Contracted tree and brush removal
Tree inspection certification
-42-
v.
S8~'6~
S8~'6~
-Ev-
v.
L8E'S~
L8E'S~
v.
EL9'v~
EL9'v~
v.
av'8t
L~v'8t
u~wa~o~/~ado d1nO~ ~~
:f)NI~~'l.r.S
S~~lloa ~aq~o
S~~lloa ^^a~
sanua^a~ ~~6o~d
sa~n~1Puadx~
---------------------------------------------------------------------------------------
:S~o.r.'l::>IaNI .r.so::>
paln~q qsn~q JO sp~~^
paWW1~~ saa~~ JO ON
pa^owa~ saa~~ JO ON
---------------------------------------------------------------------------------------
:S~o.r.'l::>IaNI ~::>IA~~S
o
S8~'6~
SOE'S~
v8E'~t
L8E'S~
EL9'v~
L~v'8t
=======================================================================================
~.Lo.L
OOt'St
oat
S80'vt
oot'~t
oat
sot' Et
Ev~'8
68
~so'v
OOt'~t
oat
L8t' Et
9EE'H
9t
tZE'Et
099'9
~S
StL'tt
s~aJsu~~.r.
^~l~no T~~1d~::>
saa~ '3 sa6~~q::>
sao1^~as ~~oddns
sl~1~a~~H/sa11ddns
6U1H~~S
E66t
pa~dop'l
---------------------------------------------------------------------------------------
H:3:.LI
.L~f)ang
E66t ~6-~s~
pasodo~d l~nuu'l
~66t (pW'l) ~66t t66t
aun~-u~~ ~a6png l~n~o'l
066t
l~n~o'l
---------------------------------------------------------------------------------------
89 # .Ld~a
Ot# :aNn~
I
aou~ua~u1~H aa~.L :.LN:3:H.L~d~a
I
DEPARTMENT MISSION:
FUND:
General
DEPARTMENT:
Maintain City parks, trails & beaches to
ensure safe ana enjoyable recreational
amenities, and coord~nate recreational
opportunities for City residents of all
ages and physicalabi ities
------------------------------------------------------------------------------------------
Parks & Recreation
DEPT NO:
69
OBJECTIVES:
- Resurface the equivalent of one tennis court per year
- Build inventory of and replace 5 picnic tables per year
- Plant at least 10 trees per year
- Identify excess park lands, if any, which may be sold and reivested in park development
- Continue improvement of Silverwood Park
- Fully implement Park capital Improvement Program by successfully undertaking
a bond referendum
HIGHLIGHTS/COMMENTS:
Staffing:
Includes step and contract increases and increase in insurance cap to $290/mo
Light Equipment Operator/Foreman time increased for 1993
Part time winter employees increased - addition of Freeman skating rink (12/93)
Supplies/Materials:
Small tools
Maintenance
Maintenance
Rock, black
contracts for computer and office equipment
to park equipment and buildings
dirt, gravel, sand, fertilizers, seed for parks
support Services:
Contracted park planning services
Playground and beach scfieduling services
Contracted weed control in parks
Park utility and telephone charges
Annual park newsletter
- Mtka Community Services
Charges & Fees:
Rental of portable toilets and Manor warming house
Expenses for park referendum
Capital Outlay:
Resurface Cathcart tennis court! 5 new picnic tables, trail and easement signage
for Freeman, Silverwood and S~lver Lake
Transfers:
Transfer to Park Capital Improvement Fund
-44-
I
FUND: #10
DEPARTMENT: Parks & Recreation/Beaches
DEPT # 69
---------------------------------------------------------------------------------------
BUDGET Actual Actual Budget Jan-June Annual Proposed Adopted
ITEM 1990 1991 1992 (Amd) 1992 Est-92 1993 1993
---------------------------------------------------------------------------------------
staffing 68,812 78,140 85,802 36,828 82,916 88,404
Supplies/Materials 16,333 14,872 20,850 15,189 22,850 22,650
Support Services 21,997 23,070 24,450 8,668 20,000 19,450
charges & Fees 3,739 2,944 9,000 1,581 4,200 9,000
Capital Outlay 5,000 25,205 14,750 1,447 10,525 6,550
Transfers 50,000
=======================================================================================
TOTAL
115,881 144,231 154,852
63,713 140,491 196,054
o
---------------------------------------------------------------------------------------
SERVICE INDICATORS:
Acres of maint park 79.7 79.7 79.7
No. of ballfields
Softball 3 3 3
Baseball 4 4 4
No. of warming houses 3 3 3
No. of hockey rinks 2 2 2
No. of skating rinks 3 3 3
Miles of Trails
Cost of maint per acre
Maint $/ s-ball field
Maint $/ b-ball field
No. of teams
No. of participants
No. of times rinks are
cleaned & resurfaced 80 80 80 80
No. of picnic tables 10 15 20 25
---------------------------------------------------------------------------------------
COST INDICATORS:
Expenditures 115,881 144,231 154,852 196,054
Program Revenues
Tanka Bal - Beach 500 524 500 700
Liquor S ore Transfer 20,000 25,000 35,000 40,000
Levy Dollars 95,381 118,707 119,352 155,354
Other Dollars
---------------------------------------------------------------------------------------
STAFFING:
Full time:
Asst. Clerk
Lt Equip Oper/Foreman
.25
1.4
.25
1.4
.25
1.4
.25
1.6
Part time:
Summer
Winter (rinks)
1
9
1
9
2
9
2
10
-45-
I
DEPARTMENT MISSION:
FUND:
DEPARTMENT:
DEPT NO:
General
Capital Improvement
70
To ~rovide a conduit for funding of
cap~tal improvement pro9ram through the
transfer of dollars lev~ed througn the
City's General Fund
OBJECTIVES:
HIGHLIGHTS/COMMENTS:
Transfers:
Transfer to Capital Reserve Fund for future capital improvements
-46-
I
FUND: #10
DEPARTMENT: Capital Improvement
DEPT # 70
----------------------------------------------------------------------------------------
BUDGET Actual Actual Budget Jan-June Annual Proposed Ado.Pted
ITEM 1990 1991 1992(Amd) 1992 Est-92. 1993 1993
--------------------------------------------------~-------------------------------------
staffing
Supplies/Materials
Support Services
Charges & Fees
Capital Outlay
Transfers
100,000 163,112 165,000
165,000 101,600
=======================================================================================
TOTAL
100,000 163,112 165,000
o 165,000 101,600
o
SERVICE INDICATORS:
COST INDICATORS:
Expenditures
100,000 163,112 165,000
101,600
Program Revenues
Sale of House
Levy Dollars
100,000 163,112 165,000
94,000
7,600
Other Dollars
----------------------------------------------------------------------------------------
STAFFING:
-47-
I
DEPARTMENT MISSION:
FUND:
DEPARTMENT:
DEPT NO:
General
Contingency
71
To provide for unanticipated increases
in ~rogram costs and decreases in
antLcipated revenue; and to provide
a source of funds for ~rojects and
purchases approved durLng the fiscal
year by the City Council
------------------------------------------------------------------------------------------
OBJECTIVES:
HIGHLIGHTS/COMMENTS:
Support Services:
Council Contingency
-48-
I
FUND: #10
DEPARTMENT: Contingency
DEPT :# 71
---------------------------------------------------------------------------------------
BUDGET
ITEM
Actual
1990
Actual Budget Jan-June
1991 1992(Amd) 1992
Annual Proposed Adopted
Est-92 1993 1993
---------------------------------------------------------------------------------------
Staffing
Supplies/Materials
Support Services
Charges & Fees
Capital Outlay
Transfers
40,556
20,000
57,074
=======================================================================================
TOTAL
o
o
40,556
o
20,000
57,074
o
-----------------------------~---------------------------------------------------------
SERVICE INDICATORS:
Original budget
Used during the year
50,000
o
50,000
50,000
40,556
8,636
57,074
COST INDICATORS:
Expenditures
o
o
40,556
57,074
Program Revenues
Refunds & Reimbursemts
Levy Dollars
o
o
40,556
1,000
56,074
Other Dollars
---------------------------------------------------------------~-----~-----------------
STAFFING:
-49-
I
DEPARTMENT MISSION:
FUND:
DEPARTMENT:
DEPT NO:
Water
Water
80
To provide a safe, clean, uninterrupted
sup~ly of drinking water to all city
res~dents connected to the City water system.
------------------------------------------------------------------------------------------
OBJECTIVES:
.- Supply a safe, clean uninterrupted source of water to all connections
- Study the feasibility of decommissioning Badger and Woodhaven wells.
- Explore possibility of interconnecting with other communities
HIGHLIGHTS/COMMENTS:
Revenues:
Property taxes levied for revenue bonds and interest decreases $825
Includes a $.05/1000 gallon increase in water rates
Other revenues estimated based on 40 new homes
Expenses:
Staffing:
Includes step increases and increase in insurance cap to $290/mo
Senior Accounting Clerk increases to .15
Supplies/Materials:
Office Supplies, including billing forms and postage
Maintenance contracts for computer hardware and software
Chemicals for water treatment
Support Services:
Contract with Munitech for system maintenance
Insurance on water system
Water testing
Charges & Fees:
Sales Tax on commercial water sales
State surcharge of $5.21/year on all connections
Other:
Water Purchased from other communities
Meter purchases
Debt service payments
Well utility charges
-50-
I
FUND: #60
DEPARTMENT: Water
DEPT # 80
BUDGET
ITEM
Actual
1990
Actual Budget Jan-June
1991 1992(Amd) 1992
Annual Proposed Adopted
Est-92 1993 1993
REVENUE
Property Tax 17,601 17,125 15,500 252 15,500 14,675
Charges for Service 205,390 189,699 154,000 48,120 168,200 169,200
=======================================================================================
TOTAL REVENUE 222,991 206,824 169,500 48,372 183,700 183,875 0
EXPENSES
Staffing 9,819 5,243 10,609 4,129 . 8,683 11,520
Supplies/Materials 74,493 81,520 24,750 2,809 11,300 23,200
Support Services 43,768 57,777 66,200 32,402 63,596 66,200
charges & Fees 568 533 700 448 2,700 4,750
Capital Outlay 234 413 500
Transfers 4,000 20,000
Other 63,809 59,334 63,300 21,016 59,300 60,700
=======================================================================================
TOTAL EXPENSES 196,691 224,820 166,059 60,804 145,579 166,370 0
---------------------------------------------------------------------------------------
SERVICE INDICATORS:
Miles of Water Line 14 14
No. of Connections 744 785
No. of Hydrants 160 165
Avg. Daily Consump. (gals) 234,000
Water rate per 1000 ga 1.40 1.40 1.40 1.45
---------------------------------------------------------------------------------------
COST INDICATORS:
Expenditures
196,691 224,820 166,059
166,370
Program Revenues
Charges for Services
Levy Dollars
205,390 189,699
17,601 17,125
154,000
15,500
169,200
14,675
Other Dollars
---------------------------------------------------------------------------------------
STAFFING:
Sr. Acctg. Clerk
Lt. Equip. Oper./Foreman
0.15
0.50
0.10
0.50
0.10
0.25
0.15
0.25
-51-
I
DEPARTMENT MISSION:
FUND:
DEPARTMENT:
DEPT NO:
Sanitary Sewer
Sanitary Sewer
82
To provide a safe, sanitary sewer
service to all city residents
------------------------------------------------------------------------------------------
OBJECTIVES:
- Work with MWCC to correct inflow and infiltration into the sanitary sewer system
- Work with MWCC to reduce sewage treatment costs to the City
HIGHLIGHTS/COMMENTS:
Revenues:
Includes a $20.00/guarter increase in Sewer rates, to $74.75/quarter
Other revenues est~mated based on 40 new homes
Expenses:
Staffing:
Includes step increases and increase in insurance cap to $290/mo
Senior Accounting Clerk increases to .15
Supplies/Materials:
Office Supplies, including billing forms and postage
Maintenance contracts for computer hardware and software
Support Services:
Contract with Munitech for system maintenance
Insurance on sewer system
MWCC service access charges
Charges for sewage flow ~nto Excelsior Trunks
MWCC sewage treatment charges - 47% increase from 1992
Capital outlay:
Rebuild two (2) lift stations
-52-
I
FUND: #61
DEPARTMENT: Sanitary Sewer
DEPT # 82
BUDGET Actual Actual Budget Jan-June Annual Proposed Adopted
ITEM 1990 1991 1992(Amd) 1992 Est-92 1993 1993
---------------------------------------------------------------------------------------
REVENUE
Charges for Service
EXPENSES
staffing
Supplies/Materials
Support Services
Charges & Fees
Capital Outlay
Transfers
543,425 561,901 557,500 152,117 590,000 779,200
11,179 12,230 10,611 11,872 14,830 22,085
179,033 182,095 7,200 9,097 10,572 7,700
376,218 416,484 453,740 261,973 460,128 657,870
3,343
473 60,500 67,000 90,000
TOTAL EXPENSES
=======================================================================================
569,773 611,282 532,051 282,942 552,530 777,655
o
---------------------------------------------------------------------------------------
SERVICE INDICATORS:
Miles of Sewer Line 53 53.5 54 54
No. of Connections 2,100 2,200 2,300 2,340
No. of Lift Stations 18 18 18 18
Sewer Charge 49.75 49.75 54.75 65.00
COST INDICATORS:
---------------------------------------------------------------------------------------
Expenditures
Program Revenues
Charges for Services
Levy Dollars
Other Dollars
569,773 611,282 532,051
777,655
543,425 561,901 557,500
779,200
---------------------------------------------------------------------------------------
STAFFING:
Sr. Acctg. Clerk
Lt. Equip. Oper./Foreman
0.15
0.50
0.10
0.50
0.10
0.25
0.15
0.25
-53-
I
DEPARTMENT MISSION:
FUND:
DEPARTMENT:
DEPT NO:
Recycling
Recycling
84
To provide weekly pickup of recyclables
to all City resiaents; provide for the annual
pickup of household and yard wastes
OBJECTIVES:
- Continue weekly pickup of recyclable materials
- Increase program participation through use of incentives
- Hold curbside pickup of household and yard wastes in the Spring of the year
- Provide a leaf and yard waste disposal site in Fall of .the year
HIGHLIGHTS/COMMENTS:
Revenues:
Hennepin County entitlement - $1.75/household/month
City Clean-up fees for Spring clean-up
Transfer of SlO,OOO from General Fund
Expenses:
Staffing:
Miscellaneous staffing for City Clean-up and Yardwaste Disposal
Supplies/Materials:
Office Supplies
Support Services:
Recycling contract with Knutson - $1.70/household/month
City Clean-up costs
Recycling incentive awards
-54-
I
FUND: #62
DEPARTMENT: Recycling
DEPT # 84
---------------------------------------------------------------------------------------
BUDGET
ITEM
Actual
1990
Actual Budget Jan-June
1991 1992(Amd) 1992
Annual Proposed Adopted
Est-92 1993 1993
---------------------------------------------------------------------------------------
REVENUE
County Aid 40,800 2,219 4"0,800 51,100
charges for Service 15,000 2,002 12,000 12,000
Transfers/other 15,000 1,172 12,500 10,000
=======================================================================================
TOTAL REVENUE 0 0 70,800 5,393 65,300 73,100 0
EXPENSES
Staffing 7,086 546 546 1,222
Supplies/Materials 100 3,550 3,550 100
Support Services 62,800 32,050 58,565 61,800
Charges & Fees
Capital Outlay
Transfers
=======================================================================================
TOTAL EXPENSES
o
o
69,986
36,146
62,661
63,122
o
---------------------------------------------------------------------------------------
SERVICE INDICATORS:
Avg. monthly participation
Avg Monthly Collect. (tons)
---------------------------------------------------------------------------------------
COST INDICATORS:
Expenditures
o
o
69,986
63,122
Program Revenues
70,800
73,100
Levy Dollars
other Dollars
-------------------------------------------------------------~-------------------------
STAFFING:
-55-
--- ._~. --~
MAYOR
Barb Brancel
COUNCI L
Kri st i Stover
Bob Gagne
Rob Daugherty
Daniel Lewis
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236
MEMORANDUM
TO:
Planning Commission, Mayor and City Council
FROM:
Brad Nielsen
DATE:
12 November 1992
RE:
--
Proposed Zoning Ordinance Amendment Revising the Boat Slip to Lot Area
Ratio in the L- R District
FILE NO.:
405 (Zoning - Chapter 1201.24)
BACKGROUND
At the October Planning Commission meeting, staff was asked to prepare a zoning text
amendment revising the boat slip to lot area ratio in the L-R District. A draft amendment
to that effect is attached as Exhibit A.
Having a vested interest in the outcome of the proposed amendment, the Upper Lake
Minnetonka Yacht Club has submitted information (Exhibit B) pointing out how sailing
yacht clubs differ from other multiple dock facilities. Also attached, as Exhibit C, are
excerpts from the Yacht Club's 1992 brochure.
If you have any questions relative to this matter, please do not hesitate to contact me prior
to Tuesday night's meeting.
BJN:ph
cc: Jim Hurrn
Tim Keane
Joel Dresel
Skip Jewett
A Residential Community on Lake Minnetonka's South Shore
(P6
UPPER. LAKE ~IINNETONKA YACHT CLUB
P.O. BOX 358 EXCELSIOR. MN. 55331
November 12, 1992
Bradley J. Nielsen, Planning Director
City of Shorewood
5755 Country Club Road
Shorewood, lVfN 55331
Subject: Number of slips at UJ.\.1YC property
.
Dear Brad,
The Upper :Minnetonka Yacht Club is a sanctioned yacht racing entity, operating under
rules of the Inland Lakes Yachting Association. All yachts are sailboats only, except for one
powerDoat, which is used for officiating races.
.
The club, yearly, presents its' racing schedule to the LMCD and Water Patrol for their
approval. This schedule allows for racing only as follows:
1. The end of May through the end of September
2. Saturday afternoons and Sunday mornings
3. Seven Wednesday evenings
This use is significantly different from m311nas, where boat use and times are determined
by the owners throughout a 24 hour day. U1vfYC has rules regarding property, moorings,
and use, which have been dr~ed to eliminate neighborhood complaints and problems.
(please see "Regulations" in enclosed annual book.)
Additional points to consider that differentiate UMYC from a public marina as pennitted
under ''Lakeshore Recreational District" are:
1. No boat dock canopies
2. No ramp for boat launching
3. No commercial sales
4. No gasoline dispensing
5. No fishing boats for rent
6. No storage of boats or trailers
With the greatly reduced use of our docking area, it is our belief that we should be allowed
a minimum of 25 slips. .
Brad, if you have any questions regarding the above subject, please contact me.
Sincerely.L:::V ~ I"~
~~
Skip Jewett, Commodore - 471-7964
Exhibit B
LETTER FROM U.L.M. Y.c.
Dated 12 November 1992
"
e.
2
.;::
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_AGJJNDA'lTEM6C-.AMBNDMENT'roRijZ()NE'-~OM-a..1C1S(Single-Family- ~>
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This .itemis pQstponedtil,JatmarY 1993... At8.r~froJl1the PlanniJlg>I>ireqor Bnut "
"Nie~Il ple3$e leave M&Il(laycye~' all of the' 6C.attachtnents.' "Vewmr~J.nto' the :
~~~ agenda paCke~'when the tiIile 3.rrlves 1993. ' " " ,
.}!i;itJf;jJf;J"........,....!..:.,).ii..
, . " e,P. Latter
, Depllty Clerk ,
LEAVE IN COUNCIL
CHAMBERS 'ARER
MEETING
THANK YOU!. . .~:~
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PERMANe.lT
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.
/
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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
MEMORANDUM
TO:
Planning Commission, Mayor and City Council
.
FROM:
Brad Nielsen
DATE:
26 August 1992
RE:
Upper Lake Minnetonka Yacht Club - Reconsideration of Rezoning Request
FILE NO.:
405 (92.06)
BACKGROUND
.
In April of this year representatives of the Upper Lake Minnetonka Yacht Club
(U.L.M.Y.C.) requested a rezoning from R-IC, Single-family Residential to L-R,
Lakeshore Recreational District. Their intent was to eliminate their nonconforming use
status in order to allow a clubhouse facility to be built on their site. After conducting a
pubic hearing on the application, the Planning Commission voted to recommend denial of
the rezoning. Subsequently, the City Council directed staff to prepare a resolution to that
effect (see Exhibit A, attached). At the meeting at which the resolution was to be
considered, the applicants requested an opportunity to respond to the fmdings of fact and
attempt to resolve the issues raised therein. The Council agreed to refer the matter back to
the Planning Commission for further review. and an additional public hearing. The hearing
is scheduled for 1 September 1992.
The applicant's response to the draft resolution is contained in Exhibits B-1 through B-13.
A revis(~ site plan is shown on Exhibit E and proposed building plans are shown on
Exhibit F.
Based upon their revised site plan, the lakeshore setback variance has been eliminated, but
variances are requested for front (street) setback, lot area and number of slips.
A Residential Community on Lake Minnetonka's South Shore
(Pe.-/
..
,
Re: Upper Lake Minnetonka Yacht Club
Rezoning and variances
26 August 1992
ISSUES AND ANALYSIS
A.
Indian Burial Mound. Still unresolved as of this writing is the question of whether
the subject property is occupied by an Indian burial mound. The City Attorney
advises us that the State Archeologist is a part-time position and that the legislation
requiring alleged burial grounds to be investigated does not specify a deadline for
making such an investigation.
.
Apparently the only way to expedite the investigation is for the applicant to hire an
approved independent archeologist to prepare the study for review by the State
Archeologist.
If the City feels the revised proposal has merit, any approval should be subject to
resolution of this issue.
B.
Revised Site Plan. The applicant's revised site plan eliminates the lakeshore setback
variance, reduces the number of boat slips and parking spaces to 25. each, and
provides greater detail on the proposed clubhouse building. The applicant's request
letter also indicates that they will upgrade Enchanted Point to a 24-foot gravel
surface.
Following are issues which the new site plan does not resolve:
1. Parking is located 15 feet from the r.o.w., requiring a variance of 35 feet.
.
2. Lot area requires a 12,200 square foot variance.
3. Despite the proposed reduction in boat slips a variance of six slips is still
requested.
4. Class V or gravel does not constitute a dust-free surface for the road.
The lot area issue is not something which can be resolved. There simply is not
12,000 square feet of land to be added to the site. Even the City's fire lane to the
southeast of the subject site is less than 7500 square feet in area. (This is not to
suggest that the area of the fire lane be counted or conveyed to the Yacht Club.)
The number of slips is an issue which can be brought into compliance with the L-R
District. Based upon the amount of land they have they are allowed 19 slips.
It is possible that the parking setback and the road surface issues can be mitigated.
Substantial landscaping can be required within the proposed 15-foot street setback
area and the 50-foot side yard setback area to screen the parking area from nearby
- 2 -
"
Re: Upper Lake Minnetonka Yacht Club
Rezoning and variances
26 August 1992
residents. Landscaping should also be required on the lake side of the parking lot.
An easement could be required across the front of the lot to provide for snow storage
and future utility work.
While it may not be feasible for the Yacht Club to upgrade Enchanted Point to city
street standards, the City Engineer advises that the dust problem would be mitigated
by applying seal-coating to the Class V material (crushed rock) for approximately
three successive years. This would form a hard-packed surface after time.
.
- C. Resident Concerns. Although the L-R District requirements attempt to minimize the
impact of multiple dock facilities on nearby resIdential properties, ther~ are still issues
which concern the neighbors of the subject site. Activities of a sailing club may ~e
acceptable, but if the property were to change hands, a commercial marina may not
be acceptable" - Ordinarily once the site is rezoned, the provisions of the Code become
rights.. While placing conditions on a rezoning is not appropriate, the request for
variances allows the City to impose additional reasonable requirements. For example
if variances were granted on the basis that a sailing club has less potential for impact
than a marina with power boats, a protective covenant could be created, restricting
dockage to sailboats.
RECOMMENDATION
.
The City must determine if the Yacht Club's use of the subject property is suitable, or can
be made suitable, for the area in which it is located: If not, then it should be left in its
current nonconforming use status in hope that the Yacht Club would eventually find a
location which would allow better facilities.
If, however, the City feels that the Yacht Club provides something for the community
worth saving, the L-R zoning presents the opportunity for considerable improvement to the
site. Parking would be improved and confined on the site. Outdoor toilet facilities would
be eliminated. Considerable landscaping could be required. Drainage improvements could
be made. Other, reasonable conditions could be imposed in conjunction with the variances
being requested. The Planning Commission may wish to review Section 1201.24 of the
City Code thoroughly, highlighting any areas of concern which could be addressed by
special conditions.
As previously mentioned, no final action should be taken until the Indian mound issue has
been resolved.
cc: Jim Hurm
Tim Keane
Joel Dresel
Bob Hegstrom
Skip Jewett
- 3 -
RESOLUTION NO.
A RESOLUTION DENYING A REQUEST FOR REZONING AND VARIANCES
TO THE UPPER LAKE :MINNETONKA YACHT CLUB
WHEREAS, the Upper Lake Minnetonka Yacht Club (Applicant) desires to construct
a clubhouse building on property located at 4580 Enchanted Point, said propeny legally
described as:
"Lots 1 and 2, Block 4, Enchanted Park"(the Subject Property); and.
WHEREAS, the subject property currently exists as a nonconforming use in the R-IC
zoning district in which it is currently located, and is 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 a clubhouse structure; and
WHEREAS, the subject property does not comply with certain requirements of the
L-R District and the applicant has requested variances to those requirements; and
WHEREAS, the subject property is designated in the Shorewood Comprehensive Plan
for low density residential use; and
.
WHEREAS, a public hearing was held and the application reviewed by the Planning
Commission on 21 April 1992, and, after deliberation, the Planning Commission
recommended denial of the requested rezoning and variances; and
WHEREAS, the Applicant appeared before the City Council at their regular meeting
held on 11 May 1992; and
WHEREAS, the City Council has reviewed the material submitted by the Applicant,
the recommendations of the Planning Commission, and the memorandum of the City
Planning Director, dated 15 April 1992.
NOW, THEREFORE, BE IT RESOL YED by the City Council of the City of
Shorewood as follows:
FINDINGS OF FACT
1. That the Upper Lake Minnetonka Yacht Club exists as a nonconforming use in
the R-IC 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.
Exhibit A-I
DRAFT RESOLUTION DENYING REZONING
Dated 26 May 1992
"
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 30.
4. That the L-R District requires the subject property to be accessed by a
minimum 24-foot dust free street, 12-foot gravel surface.
5. That the L-R District requires a 50-foot parking lot setback from the lake and
the Applicant's plan proposes a 40-foot setback.
6. That the L-R District requires a 35-foot parking lot setback from the street and
the Applicant's plan proposes a IS-foot setback.
7. That the Applicant's request for rezoning and variances is not consistent with
the Shorewood Comprehensive Plan.
CONCLUSIONS
.
1. That the variances requested by the Applicant constitute a significant deviation
from the requirements of the Shorewood Zoning Code.
2. That Applicant's property can be put to a reasonable use under the conditions
imposed by the Shorewood Zoning Code.
3. 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
defmed by Minn. Stat. Section 462.357, Subd. 6(2).
4. That Applicant's request for the variances set forth above are hereby denied.
5. That the street accessing the subject property is inadequate to safely serve the
proposed use.
.
6. That the Applicant's plans do not comply with the minimum requirements of
the L- R District.
7. That the Applicant's request for rezoning from R-IC, Single-Family
Residential District to L-R, Lakeshore-Recreational District is hereby denied.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 26th day of
May, 1992.
Barbara J.Brancel, Mayor
ATTEST:
James C. Hurm, City Administrator/Clerk
A-2
.
.
. .
UPPER. LAKE MINNETONKA YACHT CLUB
P.O. BOX 358 EXCELSIOR, MN. 55331
July 7, 1992
To the City Council of the City of Shorewood;
We appreciate that the Council has given the Yacht Club
the opportunity to address the findings of fact. By way
of this brief letter, we outline the Yacht Club proposal
to meet your concerns.
This is not the time to remove a family activity from our
communi ty . We will be happy to expand on our comments at
this council meeting. Let's not stamp on one of the few
lake activities that promotes a wholesome and total
family environment, for not only the lake shore residents
but the entire city.
Respectfully,
flf/;fd/'
A.H. (Skip) Jewett
Commodore
Exhibit B-1
APPLICANT'S RESPONSE TO FINDINGS
Dated 7 July 1992
1. No response required
2. The L-R district may require 60,000 square feet, however, the
council twenty years years ago approved the site for a Yacht
Club, and found there were no adverse effects on the
surrounding property and our use has substantiated that we do
have adequate property for the Yacht Club. There has not
been, and there are, no plans that will change the use of the
land. When the council approved the L-R district they knew
the size of the Yacht Club property and there has been no
adverse effects of the surrounding prope.rty over the twenty
years.
.
3.
The formulas set forth would allow 82 slips based on 600
square feet of Harbor area/slip while the more stringent
standards based on lot size alone, would reduce slips to 19.
The L.M.C.D., however, has always been comfortable with 30
slips and has found. no adverse effect on the surroun~ing
property or shore line use.
4. There is a 25' deeded road set forth in the plot. The Yacht
Club will at their expense, provide a 25' gravel road
consistent with the existing road and the neighbors stated
desire. The existing road is now 24' to 17' wide, contrary to
the council's findings.. Snow may be stored on the road bed as
the Yacht Club has no need for club use during winter months.
.
5.
The Yacht Club has attached a proposal which will comply with
the requested set back of 50 feet.
6. The Yacht Club will provide landscaping to conform with the
neighborhood. That should eliminate this item of concern.
7 . We are surprised that the council has raised the comprehensive
plan as an objection. When the L-R district was established,
the council was well aware of the Yacht Club and obviously
felt the club was in conformity with the plan. The neighbors
all purchased their property knowing the Yacht Club to be in
existence, and the uses are consistent with the community and
neighborhood.
B-2
.
.
CONCLUSION
The Yacht Club requests for the rezoning does not change the use of
the property or make it more offensive to the surrounding homes.
It can not be forgotten that the club offers additional amenities
of the lake community and has provided hundreds of children of
this city with a opportunity to experience and enjoy sailing as a
sport. This is a lake community and the petitions signed by your
residents establishes that this club is a desired use that should
be supported by the council.
B-3
. ~
PETITION REQUESTING APPROVAL OF THE BUILDING PERMIT
FOR THE UPPER MINNETONKA YACHT CLUBHOUSE
We are residents of the City of Shorewood and request the City approve the
building permit forthe Upper Minnetonka Yacht Club. This Club is an
amenity to our City, providing a school for sailing and wholesome activity for
our children and residents.
The Upper Minnetonka Yacht Club has existed for over twenty years as a
supporting member of our community. The Council ruled in 1969 that the
Club does not have an undue, adverse effect upon adjacent property, the
character of the neighborhood, traffic conditions, utility facilities and other
matters affecting public health, safety and general welfare. This finding has
not changed and the Club's activities have proven the Council's findings to be
co rrect.
.
This City needs to support the wholesome use of the lake and education for
our children. We must not thwart the few recreational activities for the
residents of our City.
Name
Address
Date
41.
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.
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B-4
PETITION REQUESTING APPROVAL OF THE BUILDING PERMIT
FOR THE UPPER MINNETONKA YACHT CLUBHOUSE
We are residents of the City of Shoiewood and request the City approve the
building permit forthe Upper Minnetonka Yacht Club. This Club is an
amenity to our City, providing a school for sailing and wholesome activity for
our children and residents.
The Upper Minnetonka Yacht Club has existed for over twenty years as a
supporting member of our community. The Council ruled in 1969 that the
Club does not have an undue, adverse effect upon adjacent property, the
character of the neighborhood, traffic conditions, utility facilities and other
matters affecting public health, safety and general welfare. This finding has
not changed and the Club's activities have proven the Council's findings to be
co rrect.
.
This City needs to support the wholesome use of the lake and education for
our children. We must not thwart the few recreational activities for the
residents of our City.
Name
Address
.
, /f'l.AJ('fjt; ~
B-5
,',
PETITION REQUESTING APPROVAL OFTHE BUilDING PERMIT
FOR THE UPPER MINNETONKA YACHT CLUBHOUSE
We are residents of the City of Shorewood and request the City approve the
building permit for the Upper Minnetonka Yacht Club. This Club is an
amenity to our City, providing a school for sailing and wholesome activity for
our children and residents.
The Upper Minnetonka Yacht Club has existed for over twenty years as a
supporting member of our community. The Council ruled in 1969 that the
Club does not have an undue, adverse effect upon adjacent property, the
character of the neighborhood, traffic conditions, utility faciiities and other
matters affecting public health, safety and general welfare. This finding has
not changed and the Club's activities have proven the Council's findings to be
correct.
.
This City needs to support the wholesome use of the lake and education for
our children. We must not thwart the few recreational activities for the
residents of our City.
Name
Address
Date
.
B-6
.
.
PETITION REQUESTING APPROVAL OFTHE BUILDING PERMIT
FOR THE UPPER MINNETONKA YACHT CLUBHOUSE
We are residents of the City of Shorewood and request the City approve the
building permit forthe Upper Minnetonka Yacht Club. This Club is an
amenity to our City, providing a school for sailing and wholesome activity for
our children and residents.
The Upper Minnetonka Yacht Club has existed for over twenty years as a
supporting member of our community. The Council ruled in 1969 that the
Club does not have an undue, adverse effect upon adjacent property, the
character of the neighborhood, traffic conditions, utility facilities and other
matters affecting public health, safety and general welfare. This finding has
not changed and the Club's activities have proven the Council's findings to be
correct.
This City needs to support the wholesome use of the lake and education for
our children. We must not thwart the few recreational activities for the
residents of our City.
Name
Address
Date
L--
B-7
.
.
\~,
ifj
~
~
PETITION REQUESTING APPROVAL OFTHE BUILDING PERMIT
FOR THE UPPER MiNNETONKA YACHT CLUBHOUSE
We are residents of the City of Shorewood and request the City approve the
building permit forthe Upper Minnetonka Yacht Club. This Club is an
amenity to our City, providing a school for sailing and wholesome activity for
our children and residents.
The Upper Minnetonka Yacht Club has existed for over twenty years as a
supporting member of cur community. The Council ruled in 1969 that the
Club dces not have an undue, adverse effect upon adjacent property, the
character of the neighborhood, tra:fic conditions, utility facilities and other
matters affecting public health, safl~ty and general welfare. This finding has
not changed and the Club's activities have proven the Council's findings to be
correct.
This City needs to support the wholesome use of the lake and education for
our children. We must not thwart the few recreational activities for the
residents of our City.
Date
-
-92-
7)(,,1))..,
B-8
PETITION REQUESTING APPROVAL OF THE BUILDING PERMIT
FOR THE UPPER MINNETONKA YACHT CLUBHOUSE
We are residents of the City of Shorewood and request the City approve the
building permit forthe Upper Minnetonka Yacht Club. This Club is an
amenity to our City, providing a school for sailing and wholesome activity for
our children and residents.
The Upper Minnetonka Yacht Club has existed for over twenty years as a
supporting member of our community. The Council ruled in 1969 that the
Club does not have an undue, adverse effect upon adjacent property, the
character of the neighborhood, traffic conditions, utility facilities and other
matters affecting public health, safety and general welfare. This finding has
not changed and the Club's activities have proven the Council's findings to be
correct.
.
This City needs to support the wholesome use of the lake and education for
our children. We must not thwart the few recreational activities for the
residents of our City.
-'.
Name
Address
Date
.
l-\o .<;"t..
~ 'i- b _<=jr-_
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B-9
r
PETITION REQUESTING APPROVAL OFTHE BUILDING PERMIT
FOR THE UPPER MINNETONKA YACHT CLUBHOUSE
We are residents of the City of Shorewood and request the City approve the
building permit forthe Upper Minnetonka Yacht Club. This Club is an
amenity to our City, providing a school for sailing and wholesome activity for
our children and residents..,-" -
The Upper Minnetonka Yacht Club has existed for over twenty years as a
supporting member of our community. The Council ruled in 1969 that the
Club does not have an undue, adverse effect upon adjacent property, the
character of the neighborhood, traffic conditions, utility facilities and other
matters affecting public health, safety and general welfare. This finding has
not changed and the Club's activities have proven the Council's findings to be
co rrect.
.
This City needs to support the wholesome use of the lake and education for
our children. We must not thwart the few recreational activities for the
residents of our City.
Name
Address
.
I~.(..~. ~~_
~ '
Lf't-"rvl '6/~rI(
/" ////.~ J
7fe;z:, e-~~hC. 0 /f"(d~
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B-10
PETITION REQUESTING APPROVAL OFTHE BUILDING PERMIT
FOR THE UPPER MINNETONKA YACHT CLUBHOUSE
We are residents of the City of Shorewood and request the City approve the
building permit for the Upper Minnetonka Yacht Club. This Club is an
amenity to our City, providing a school for sailing and wholesome activity for
our children and residents.
The Upper Minnetonka Yacht Club has existed for over twenty years as a
supporting member of our community. The Council ruled in 1969 that the
Club does not have an undue, adverse effect upon adjacent property, the
character of the neighborhood, traffic conditions, utility facilities and other
matters affecting public health, safety and general welfare. This finding has
not changed and the Club's activities have proven the Council's findings to be
co rrect.
.
This City needs to support the wholesome use of the lake and education for
our children. We must not thwart the few recreational activities for the
residents of our City.
.
Date
S~RJ~fGJ
(::'x:, :: (';/1/'; .J.-111
- .h<..€/~:".p;f7 41-1-
~..P"~ /.1, ;..- ~.../
B-ll
PETITION REQUESTING APPROVAL OF THE BUILDING PERMIT
FOR THE UPPER MINNETONKA YACHT CLUBHOUSE
We are residents of the City of Shorewood and request the City approve the
building permit for the Upper Minnetonka Yacht Club. This Club is an
amenity to our City, providing a school for sailing and wholesome activity for
our children and residents.
The Upper Minnetonka Yacht Club has existed for over twenty years as a
supporting member of our community. The Council ruled in 1969 that the
Club does not have.an undue, adverse effect upon adjacent property, the
character of the neighborhood, traffic conditions, utility facilities and other
matters affecting public health, safety and general welfare. This finding has
not changed and the Club's activities have proven the Council's findings to be
correct.
.
This City needs to support the wholesome use of the lake and education for
our children. We must not thwart the few recreational activities for the
residents of our City.
Name
Address
Date
.
5".<,3 5 J+v<:>t.VA~J Po~,.v-r
27/f/?o P/~7'" &wI
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B-12
PETITION REQUESTING APPROVAL OF THE BUILDING PERMIT
FOR THE UPPER MINNETONKA YACHT CLUBHOUSE
We are residents of the City of Shorewood and request the City approve the
building permit for the Upper Minnetonka Yacht Club. This Club is an
amenity to our City, providing a school for sailing and wholesome activity for
our children and residents.
The Upper Minnetonka Yacht Club has existed for over twenty years as a
supporting member of our community. The Council ruled in 1969 that the
Club does not have an undue, adverse effect upon adjacent property, the
character of the neighborhood, traffic conditions, utility facilities and other
matters affecting public health, safety and general welfare. This finding has
not changed and the Club's activities have proven the Council's findings to be
co rrect.
.
This City needs to support the wholesome use of the lake and education for
our children. We must not thwart the few recreational activities for the
residents of our City.
Name
Address
Date
.
B-13
FILE COpy
MEM:ORANDUM
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LARKIN, HOFFMAN, DALY & LINDGREN, LTD.
1500 Norwest Financial Center
7900 Xerxes A venue South
Bloomington. Minnesota 55431
(612) 835-3800
TO:
FROM:
DATE:
Brad Nielsen
Tim Keane
August 3, 1992
RE:
Po~ble Indian Burial Mound, Enchanted Island, Shorewood,
Mi.13ota
Ou~le No.: 18,636-04
.
Minn. Stat. ~ 307.08 governs the protection, investigation and
authentication of Indian burial mounds. The state archaeologist is
given authority to authenticate and identify Indian burial grounds.
This is done in cooperation with the Indian Affairs Inter-Tribal Board
(Minnesota Indian Affairs Council).
.
The essence of the statute is that it prohibits the intentional damage
or removal of human skeletal remains or human burials; it is a gross
misdemeanor to do so. Indian Affairs, upon notice of potential
prohibited activity, requests the state archaeologist to authenticate
and identify potential extant Indian burials.
Once authenticated, Indian Affairs can protect such burials by posting
within 75 feet of the perimeter of protected mou~ds (buffer zone) .
The buffer zone may be reduced in size pursuant to an Indian mound
management plan, reviewed by the state archaeologist and approved by
Indian Affairs. No authenticated and identified Indian burial ground
may be relocated unless the relocation request is approved by Indian
Affairs.
Every political subdivision of the state has an affirmative duty to
submit construction and development plans to the state archaeologist
and Indian Affairs Council when Indian burials are known or suspected
to exist on public lands or waters. The statute provides that the
"State Archaeologist and Indian Affairs Inter-Tribal Board shall
promptly review the plans and make recommendations for preservation or
removal of the human burials or remains, which may be endangered by
construction or development activities." Minn. Stat. ~ 307.08,
subd. 10. However, this subdivision applies only to construction and
development on public lands or waters. There is no parallel
requirement for "prompt" investigation on private property.
As a practical matter, the state archaeologist is a part-time,
Exhibit C-l
ATTORNEY'S REPORT RE:
BURIAL GROUND INVESTIGATION
.
.
Memorandum
August 3, ~992
Paqe 2
underfunded position. It often takes a long time to have burial sites
investigated. An affected municipality or developer may wish to
contract with an approved consultant archaeologist to prepare a study
which is reviewed by the state archaeologist. This approach is
usually more expeditious.
We have a very good relationship with Dr.
Archaeologist. I will be pleased to seek
particular project at the City's request.
Griffith if you have further questions.
TJK:IH2s
Christy Caine, the State
an expedited review of a
Please call me or Bill
C-2
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UPPER. LAKE MINNETONKA YACHT CLUB
P.O. BOX 358 EXCELSIOR. MN. 55331
August 23, 1992
State Anthropologist
204 Research Lab B
10 University Dr.
Duluth, MN 55812
~~
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Dear Ms. Caine,
This is to confirm our. aiscussion of the evaluation of the
hill on Enchanted Point in regards to the possibility that
it may be a burial mound. The street address of the property
is 4580 Enchanted Point, Mound, MN 55364. The legal description
is Enchanted Park, block 4, lots 1 & 2. The plat is located
in Auditors Subdivision #354.
It is our understanding that a previous request was made by
the City of Shorewood. We are requesting that the survey be
completed by Sep~ember 1, 1992.
Sincerely,
~( {1~
Owen Nelson
UMYC member
Exhibit D
APPLICANT'S LETTER
TO ST ATE ARCHEOLOGIST
Dated 23 August 1992
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SOUTH LAKE l\fiNNETONKA PUBliC SAFETY DEPARTMENT
810 Excelsior Boulevard
Excelsior, Minnesota 55331
RICHARD A. YOUNG
Chief of Police
(612) 474-3261
ME!1;ORANDUM
Date:
Whom it May Concern .
Chief Rick YOu~/
August 21, 1992 (j
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To:
From:
Subject: 4580 Enchanted Point (Yacht Club)
The attached computer printout was done at the request of Mr. Owen
.Nelson for the Yacht Club at 4580 Enchanted Point. Mr. Nelson had asked
for a list of any calls this department has had at that location.
I ran a specialized computer check for all calls on "Enchanted *". The
time period involved was from January 1, 1987 to present. The yellow
highlighted case was the only incident specific to the Yacht Club
property. This was a theft from watercraft. I also checked all green
highlighted cases that might be related to the Yacht Club property.
Only one incident was related, that of 92501196 in which there was a
report of a suspicious blue vehicle in the area of the Yacht Club.
.
Exhibit G
POLICE REPORT
Dated 21 August 1992
Serving South Lake Minnetonka C011l11Ul1lities of Excelsior, Greenwood, Shorewood and TO!
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CITY OF SHOREWOOD
PLANNING COMMISSION MEETING
TUESDAY, SEPTEMBER 1, 1992
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
7:00 P.M.
MINUTES
CALL TO ORDER
Chair Benson called the meeting to order at 7:00 p.m.
ROLL CALL
Present:
Chair Benson; Commissioners Bean, Borkon, Hansen, Malam, and
Rosenberger; Planner Nielsen.
Absent:
Commissioner Leslie.
APPROVAL OF MINUTES
Malam moved, Bean seconded to approve the minutes of t~e August 18, 1992
meeting.
Motion passed 6/0.
1. 7:00 P.M. PUBLIC HEARING - PROPOSED REZONING FROM R-1 C TO
L-R/VARIANCES FOR LOT AREA, BOAT SLIPS, AND SETBACKS
Aoolicant:
Location:
Upper Lake Minnetonka Yacht Club (Skip Jewett)
4580 Enchanted Point
Nielsen reviewed the background to the Applicant's application for rezoning from R-
1 C, Single-family Residential to L-R, Lakeshore Recreational District, originally made
to the Planning Commission in April 1992. At that time, because of numerous
variances required if the rezoning was approved, the Planning Commission
recommended denial of the request for rezoning. Subsequently, the City Council
directed the staff to prepare a findings of fact resolution to deny the application. The
Applicants then requested the opportunity to respond to the findings of fact and
attempt to resolve the issues raised therein. The Council agreed to refer the matter
back to the Planning Commission for further review and another public hearing.
Nielsen indicated that the Applicant has submitted a substantial amount of new
information and a petition from the membership has been received supporting the
merits of the yacht club. Nielsen reviewed the issues which need to be resolved. The
question of whether the property is occupied by an Indian burial mound remains
unresolved. According to the City Attorney, since the legislation requiring
investigation of alleged burial grounds does not specify any deadlines, it is difficult to
determine when the State,Archeologist may conduct the investigation. An alternative
1
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PLANNING COMMISSION MEETING
TUESDAY, SEPTEMBER 1,1992 - PAGE 2
for expediting an investigation is for the Applicant and/or the City to hire an approved
independent archeologist to prepare the study for review by the State Archeologist.
Nielsen stated that any rezoning approval must be subject to resolution of this issue.
Nielsen stated that the Applicant's revised site plan does not show ponding and
landscaping. Other issues not resolved by the new site plan include: parking located
15 feet from the right of way, requiring a 35 foot variance; 2) lot does not have
60000 square feet requiring a 12,200 square foot variance; 3) reduced number of
slips - 30 to 25 - requires a variance of 6 slips; 4) proposed widening of the road to
24 feet with Class V surface; however, Class V (gravel) does not constitute a dust-
free road surface. It would take application of sealcoating for 3-5 years to harden the
surface and eliminate the dust.
Nielsen pointed out that some of the issues cannot be resolved such as the lot area
because there is not 12000 square feet of land to be added to the site. The number .
of slips issue can be complied with by reducing the number of slips to 19, the number
allowed by the Code which also reduce the parking space and avoid one variance.
If the City feels the proposal has merit the parking variance could be mitigated by
substantial landscaping. If so, a detailed landscaping plan that would screen parking
and the view from the lake effectively would be required. In addition an overall
grading plan would be required. In terms of width of the road, Nielsen stated the City
should acquire a 10-15 feet easement for snow storage. A number of residents raised
concerns at the first public hearing regarding allowable activities under the L-R zoning
such as cooking and liquor sales. Nielsen noted that in discussing these concerns
with the City Attorney and whether or not the City can get more restrictive than the
L-R zoning sets forth, it appears difficult and probably inappropriate to attach
conditions to the rezoning. However, statutes do provide that reasonable conditions
can be attached in the granting of variances. A protective covenant could set forth
those restrictions. Nielsen pointed out however that the zoning and covenants remain .
with the property. Based on all of this, Nielsen stated that the Planning Commission
and the Council must decide if this is a suitable use for this site.
Skip Jewett, 3546 Ivy Place, Orono, Commodore of the Lake Minnetonka Yacht Club,
addressed the Commission giving a history of the yacht club. Organized in 1964, it
is a private non-profit organization that offers Shorewood an amenity to those who
don't live on or have access to Lake Minnetonka. A primary function of the club is to
conduct a sailing school for youngsters in a safe, professional environment and a club
house would enhance this function. According to Jewett, the club maintains a "good
neighbor" policy, is crime-free, and has involved the neighborhood residents when
changes are considered. Jewett pointed out that as this issue has been before the
Commission and Council over the years, this is the first occasion that the alleged
Indian burial mound has been brought forth and the club would also like to know its
status as soon as possible. Jewett pointed out that the club was assessed a sewer
access fee which of course, they don't use. Jewett noted that over the years, the
club has been considered a suitable use as far as Shorewood was concerned and
nothing has occurred to change that. The club is now asking approval to put a
2
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PLANNING COMMISSION MEETING
TUESDAY, SEPTEMBER 1, 1992 - PAGE 3
structure on the land to conform with the L-R District zoning. Some issues are
impossible to resolve, and Jewett asked the Commissioners to keep that in mind
during their consideration of the application and reminded them that it is to have a
safe environment for a family oriented activity for Lake Minnetonka and Shorewood
residents.
Owen Nelson, the Attorney for the Yacht Club, provided additional history of the
club's property and stated that the recreational asset to the community will be
enhanced by a club house. He believes appropriate buffering is provided. He pointed
out that 25 slips would be the minimum the club could live with. During regattas, the
club has parked cars at other locations such as Howard's Point and shuttled people
to the area by pontoon. He indicated that the club will widen the road to 24 feet and
snow storage should be no problem since the site is not used during the winter and
plowing could be limited to a minimum 12 feet. In regard to the front parking set-
back, Nelson indicated that 15 feet is the best they can do given the amount of land.
He indicated he has attempted to contact another archeologist regarding the alleged
Indian mound and pointed out that this issue was not raised when the sewer lines
were trenched in. The club prefers to avoid paying an outside archeologist for the
research on this issue. Nelson stated that the club has no financial interest in the
Spring Park area at the present time.
Chair Benson opened the Public Hearing at 7:30 p.m. He noted a three-minute limit
for each speaker and suggested that repetitive views/statements be avoided.
Larry McCormick, 26020 Birch Bluff Road, showed a video tape of sailing school
activities and emphasized the main motivation to have a club house is to provide a
safe shelter for the students during inclement weather and to enhance training
programs.
Robert Rascop, 4560 Enchanted Point, stated that the road width is an issue. He
stated that in some places the road is only 9 feet wide and emergency equipment
such as fire trucks moving down the road are a concern when there are parked cars
on the road. The road is not a collector street and is not designed to accommodate
the yacht club. He pointed out the road will have to be plowed to its 24 foot width
to accommodate mail delivery. He felt there will be a great increase in activity if a
building is built. This is a residential area with private homes, and he expressed
concern about what happens when 25-30 extra cars drive into the area. He reported
that his son has been hit twice already. He indicated the site is too small, the water
level is too low, and suggested that another location for the yacht club building might
be a better option. He expressed concern about the possibility of a commercial marina
in the location. He indicated he was against rezoning to allow a club house to be
built.
Don Ulrick, Mound, MN, feels that the Club provides a valuable service to the
community.
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PLANNING COMMISSION MEETING
TUESDAY, SEPTEMBER 1, 1992 - PAGE 4
Mark Christensen, 2645 Casco Point Rd., Mound, said he was a student of the Yacht
Club, and is now on a U.S. Sailing Team, and he has instructed at the Club.
Bruce Kobs, 28000 Woodside Road, showed slides of the property and sailing.
Scott Colesworthy, 5480 Howards Point Road, is a member of the Yacht Club and
said he feels the property does not get used "that much".
Thomas Walsh, 5770 Bartlett Blvd, Mound, member of Yacht Club, said that past use
was about 10-15 boats on weekends.
Sarah Kobs, 28000 Woodside Road, student of Yacht Club sailing school, described
her sailing experience.
John McMasters, 4530 Enchanted Point, complained about amount and speed of car .
traffic going to the Club.
Dee McMasters, 4530 Enchanted Point, objects to widening of the road and said that
her rock garden goes out to the road.
Alan Greene, 2645 Casco Point, Orono, member of Yacht Club, feels the Club
provides a community value at no expense to the taxpayers.
Jeff Tronsor, 4365 Enchanted Point, said the Yacht Club never notified them of
neighborhood meetings. The Club property does not meet the L-R standards, and
feels the City knew the Yacht Club did not have 60,000 square feet when the L-R
District was created.
Mark Johnson, 4385 Enchanted Point, requests that the Ordinance be upheld and
enforced.
.
Dale Pixler, 4325 Enchanted Point, said he was never contacted by the Club regarding
neighborhood meetings. Their large regattas create parking and trash problems, and
is concerned about increase in activity with a clubhouse and a decrease in property
values.
Jerry Grewe, 4560 Enchanted Point, is concerned about covenants being broken in
the future. He said the Mound Fire Chief is concerned about safety on Enchanted
Point.
Jim Thibault, 4565 Enchanted Point, highlighted the variances being requested, said
that the proposed building is too large. He has submitted three written reports (an
original and two addendums) opposing the request.
Duffy Abramson, Crane Island, Minnetrista, is a member of Yacht Club, and is
concerned about the quality and safety of the existing facilities.
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PLANNING COMMISSION MEETING
TUESDAY, SEPTEMBER 1, 1992 - PAGE 5
John W. Dennis, 5665 Echo Road, a student of the Club sailing school, said' he
compares the use to residential and feels the Club has been a good neighbor.
John P. Dennis, Sr., 3055 Casco Point Road, Orono, member of Yacht Club, said the
building would be an improvement to the site. He said he owns "The Yacht Club" in
Spring Park, and the U.L.M.Y.C. has no financial interest in it.
David Jagerson, 3016 Highland Blvd., Mound, member of Yacht Club, feels the Club
is an amenity for the area. He said that few existing clubs comply with zoning
requirements.
Kathy Pechacek, 5025 Shady Island Road, is concerned about traffic, feels the site
is too small for a building, and that there is ample opportunity for inland residents to
get on the lake.
.
Jay Zolle, (address unknown), student of sailing school, feels the existing facility is
inadequate.
Leslie Dennis, said she has taught at the sailing school, and feels the existing
residents knew the Yacht Club was there, and does not feel the building will increase
the activities.
Keith Moracle, member of Yacht Club, said they have to clean up resident's brush and
yard waste. The building would allow them to take better care of their property.
Bob Hegstrom, Island View Road, said he promises to resolve the Indian Burial Mound
issue. The Mound Fire Chief has indicated no concerns. They are concerned about
the safety of sailing school students.
.
Chair Benson closed the Public Hearing at 8:45 p.m. and called for discussion by the
Commissioners.
Hansen asked what exactly is the legal responsibility regarding the alleged Indian
burial mound. He noted that the club has been there for 30 years and no one has
raised this question before. Nielsen indicated State law requires investigation of this
matter. Hansen requested additional information on the size of the building and
whether it falls in the L-R classification. Hansen asked where the road space comes
from that is necessary for widening. He expressed concern about safety of the road
and asked why the City has not taken action to improve this narrow road. Nielsen
explained that City owned property would be used to widen the road and that a formal
petition for upgrading of the road has not been received to date.
Borkon asked if the social activities of the club would occur in the building. The club
responded probably once or twice a year. Borkon asked whether scholarships are
available for children. Club response indicated none are available at the present time.
Borkon asked if classes are posted through community education. Club responded
5
PLANNING COMMISSION MEETING
TUESDAY, SEPTEMBER 1, 1992 - PAGE 6
(
yes. Borkon asked whether this request impacted on the C.I.P. Borkon asked whether
any action can be taken without an answer on the Indian mound. Nielsen indicated
that nothing physically could be done at the site. Borkon asked about specifics of the
protective covenants. Nielsen indicated the City Attorney would have to comment
on the details of the covenants. Borkon asked about garbage pickup for the club. Club
indicated an individual does the clean-up and a dumpster has been provided. Borkon
commented on fire department access and safety for children in the neighborhood.
Borkon indicated concern over the number of issues and questions that remain
unresolved at the present time.
Bean asked for clarification on the zoning history of the area. Malam asked whether
a precedent would be set if approval were given for a club house and the L-R zoning.
Nielsen stated that while parts of the allowed variances could set precedents, he was
unsure how it would affect the other clubs since such requests have not been
received from them.
Hansen asked if it was the city's desire to get all three areas into the L-R zoning.
Nielsen indicated that may have been the intent of the Ordinance. Rosenberger asked
for clarification of the tests for variances. Bean asked for clarification of the definition
of hardships.
Borkon moved, Bean seconded to table action on this request for two weeks to
September 22, with a positive approach to working in the direction of the request
with specific plans laid forth in regard to the road, its reconstruction, who pays, how
it impacts neighbors, costs, protective covenants and their guidelines, utilization of
the road including by the fire department, promote privacy and security for the
neighbors, consideration of a smaller building and clarification of the ordinance in
terms of the specifications of the building and its use.
Motion passed 4/2. Hansen and Rosenberger voted nay.
The meeting recessed at 9:15 p.m. and reconvened at 9:20 p.m.
2. 7:15 P.M. PUBLIC HEARING - C.U.P. FOR ACCESSORY SPACE EXCEEDING
1200 SQUARE FEET AND SET BACK VARIANCE
Aoolicant:
Location:
John Dolan
26305 Edgewood Road
Nielsen reviewed the request of John Dolan for a permit to build accessory space in
excess of 1200 square feet and to locate a home further to the west side of the lot
than Ordinance allows at 26305 Edgewood Road.
Because of the soils and a stand of trees along the east side of the property, Dolan
proposes shifting the building requiring a 25-1/2 foot set back variance. Nielsen
detailed how the request complies with the zoning code criteria for allowing accessory
6
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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
MEMORANDUM
TO:
Planning Commission, Mayor and City Council
.
FROM:
Brad Nielsen
DATE:
17 September 1992
RE:
Upper Lake Minnetonka Yacht Club - Proposed Restrictions
FILE NO.:
405 (92.06)
At its 1 September meeting the Planning Commission directed staff to prepare a list of
specific conditions intended to make the proposed Yacht Club rezoning more compatible with
its residential surroundings.
.
First, the Planning Commission's apparent favorable consideration of the revised plans is
based on the fact that the U.L.M. Y.C. is a sailing club and sailing school. Any variance
granted to the requirements of the L-R District are predicated upon a distinction between this
use and a commercial operation. Based on that distinction the City may wish to consider the
following restrictions to the L-R zoning of the site (pertinent Code sections are noted).
1. Harboring of boats shall be limited to sailboats with the exception of one power boat
used by the Club. (Sect. 1201.24 Subd. 2.)
2. A detailed landscaping plan (including site lighting), prepared by a registered
landscape architect, must be approved by the Planning Commission and City Council.
(Sect. 1201.24 Subd. 4.e.(7), (8) and (9)).
3. The clubhouse can be no larger than 1500 square feet in area (their proposed floor
plan shows 2154 square feet, including 504 square feet of storage). Although the
Code suggests separate buildings for clubhouse and storage, the City may wish to
consider allowing the space to be combined. If so, the storage areas should be
designed to accommodate lawn care equipment and supplies. (Sect. 1201.24 Subd.
5.e.).
A Residential Community on Lake Minnetonka's South Shore
Ge3
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Re: Upper Lake Minnetonka Yacht Club
Rezoning/"ariances
17 September 1992
4. Prohibit retail sales or limit sale of sailboating items to members of the Club only.
(Sect. 1201.24 Subd. 5.e.(1)).
5. Prohibt the dispensing of gas. (Sect. 1201.24 Subd. 5.f. and L(5)).
6. Prohibit the rental of fishing boats. (Sect. 1201.24 Subd. 5.g.)C
7. Prohibit a launching ramp. (Sect. .1201.24 Subd. 5.h.).
8. . Limit outdoor storage (including dry storage of boats) to seasonal storage of dock
sections, boat lifts and sailboats owned by the Club and used for the. sailing school.
(Sect. 1201.24 Subd. 5.j.).
9. With the exception of limited social gatherings restricted to Club members, serving of
food on the premises shall be limited to that dispensed from a vending machine.
(Sect. 1201.24 Subd. 5.j.(5)).
10. The parking lot must be paved, curbed, and striped pursuant to Section 1201.03
Subd. 5.d.(8)(k) of the City Code. The applicant has agreed to widen Enchanted
Point to 24 feet with a Class" surface. Sealcoating for 3-5 years would result in a
dust-free surface. (Sect. 1201.24 Subd. 5.k.(3) and (4)).
The estimated cost of the road improvements is as follows:
- Class ,,:
920' x 24' = 2500 sq. yds. @ 6" x 2.20/yd. = $5400
920' x 24' = 2500 sq. yds. x $.45/yd. = $1100/year
(
- Sealcoat:
11. The applicant's sign plan must be approved by the City Council. (Sect. 1201.24
Subd.5.m.).
12. All halyards must be secured to prevent noise. (Sect. 1201.24 Subd. 5.0.).
13. Grading and drainage plans must be approved by the City Engineer and the
Minnehaha Creek Watershed District. (Sect. 1201.24 Subd. 5.p. and q.).
14. No work of any kind may commence until such time as the State Archeologist has
determined that the site is not an Indian burial ground.
Note: The Archeologist's office has advised us that they would attempt to investigate
the site on 16 or 17 September. As of this writing we have not heard from them.
Hopefully we will have more to report on Tuesday.
- 2 -
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Re: Upper Lake Minnetonka Yacht Club
Rezoning/Variances
, ,
17 September 1992
At the last meeting it was suggested that these restrictions could be incorporated into
protective covenants and recorded against the property. Upon further review of the Code
and discussion with the City Attorney, it is considered adequate to incorporate the . restrictions
into the license which is required to be renewed annually.
Mr. Mike Palm, the Mound Fire Marshal, has reviewed the applicant's plan and the-,
recommended restrictions and suggests the following:
a. Consider an easement on the Yacht Club parking area to enable. emergency vehicles
- to turn around. Currently no turn-around exists. :Turning radii on the driveways
should accommodate their longest truck.
b. Smoke detectors in the building would be required to be wired to a monitoring
station.
With these improvements and the widening of Enchanted Point, he felt the proposal would be
a "benefit to the residents". -
As a final note, the issue of the number of slips remains unresolved. If the City is willing to
. allow more slips than what is authorized by the Code, a variance is not suggested. Instead, .
the City should consider an amendment to the Code which would allow sailing yacht clubs to
have a different slip to land area ratio (e.g. one slip per 2000 square feet of land area).
If the Planning Commission has any further questions or comments, please contact me prior
to Tuesday night's meeting.
cc: Jim Hurm
Tim Keane
Joel Dresel
Skip Jewett
Bob Hegstrom
Owen Nelson
Mike Palm
- 3 -
request approval of a revised site plan requiring the following variances: lot area, number of
boat slips and front yard setback. The property is located at 4580 Enchanted Point and
legally described as:
"Lots 1 and 2, Block 4, Enchanted Park"
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P.I.N.30-117-23-33-0025
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Verbal and written comments will be considered at that time
Anyone having questions relative to this matter may contact:
or Patti Helgesen at 474-3236.
City of Shorewood
(J.-c-c..l-l.-~/~L r-I' Cz:v
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JAMES C. HURM
City Administrator/Clerk
.
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To be published 19 August 1992 (Sailor)
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CITY OF SHOREWOOD
PLANNING COMMISSION MEETING
TUESDAY, SEPTEMBER 22, 1992
COUNCil CHAMBERS
5755 COUNTRY CLUB ROAD
7:00 P.M.
MINUTES
CAll TO ORDER
Chair Benson called the meeting to order at 7:00 p.m.
ROll CAll
Present:
Chair Benson; Commissioners, Bean, Borkon, leslie, Malam, and
Rosenberger; Council liaison Stover; and Planner Nielsen.
Absent:
Commissioner Hansen.
APPROVAL OF MINUTES
Borkon moved, Rosenberger seconded to approve the minutes of the Commission's
September 1, 1992 meeting.
Motion passed 6/0.
1. PROPOSED REZONING FROM R-1CTO l-R/VARIANCES FOR lOT AREA. BOAT
SLIPS. AND FRONT YARD SETBACK (Tabled from September 1 meeting)
Aoolicant:
location:
Upper lake Minnetonka Yacht Club (Skip Jewett)
4580 Enchanted Point
Chair Benson noted that this matter was tabled by the Commission at its September
1 meeting with an extensive specific motion.
Nielsen read the motion: "Borkon moved, Bean seconded to table action on this
request for two weeks to September 22, with a positive approach to working in the
direction of the request with specific plans laid forth in regard to the road, its
reconstruction, who pays, how it impacts neighbors, costs, protective covenants and
their guidelines, utilization of the road including by the fire department, promote
privacy and security for the neighbors, consideration of a smaller building and
clarification of the ordinance in terms of the specifications of the building and its use."
Nielsen stated that in working in the direction of the request, one of the ideas
discussed was trying to make it more compatible with its residential surroundings and
incorporate more restrictive requirements into the application than what the L-R zoning
currently allows. The City has the authority to do so primarily due to the variances
requested, the premise being there is a distinction between a commercial operation
1
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PLANNING COMMISSION MEETING MINUTES
SEPTEMBER 22, 1992 - PAGE 2
and a sailing club/school. Under that distinction, Nielsen stated there are a number
of items proposed to be more restrictive than the L-R District allows.
Nielsen stated that the L-R District has a number of specific requirements. He
reviewed restrictions that would be in addition to, or in place of, the L-R requirements:
1) Harboring of boats shall be limited to sailboats with the exception of one power
boat used by the Club. 2) A detailed landscaping plan including site lighting prepared
by a registered landscape architect must be approved by the Planning Commission and
the City Council. Substantial landscaping and screening on the residential and lake
side have been recommended. 3) The club house can be no larger than 1500 square
feet in area on the first floor. L-R District allows two stories; club proposes 2154
square feet which includes 504 square feet of storage. Code suggests separate
buildings for club house and storage; however, if the City allows the space to be.
combined, the storage area should be designed to accommodate lawn care equipment
and supplies. 4) Prohibit retail sales or limit sale of sail boating items to members of
the club only. 5) prohibit the dispensing of gas. 6) Prohibit rental of fishing boats. 7)
Prohibit a launching ramp. 8) Limit outdoor storage including dry storage of boats to
seasonal storage of dock sections, boat lifts and sail boats owned by the club and
used for the sailing school. 9) With the exception of limited social gatherings restricted
to club members, serving of food on the premises shall be limited to that dispensed
from a vending machine. 10) Parking lot must be paved, curbed, and striped pursuant
to the City Code. Applicant has agreed to widen Enchanted Point to 24 feet with a
Class V surface. Seal coating (oil-treatment) for 3-5 years would result in a dust-free
surface. Estimated cost of the road improvements: $5400 for Class V surfacing;
$1100 per year for seal coating. 11) Applicants sign plan must be approved by the
City Council. 12) All halyards must be secured to prevent noise. 13) Grading and
drainage plans must be approved by the City Engineer and Minnehaha Creek
Watershed District. 14) No work of any kind may commence until such time as the
State Archeologist has determined that the site is not an Indian burial ground. '
Nielsen stated that a communication from the individual who was scheduled to
conduct the investigation on September 16 or 17 indicated that due to time
constraints is unable to do so and suggested that the yacht club contact the
Minnesota Indian Affairs Council for advice on how to handle the investigation.
Although the State Archeologist has a back-log of investigation requests and currently
is not accepting additional requests, it is advised that any archeological investigation
must be handled by the State Archeologist or an approved appointee. Nielsen clarified
the law with regard to the Indian mound investigation stating that according to City
Attorney Keane, neither the City nor the developer has a "duty" to make that
investigation in terms of the law. However, if a developer goes in and does some
work and it turns out to be a burial ground, it is a felony punishable under that
category of law. Ramifications of this are that if it turns out it is not a burial ground,
they are "home free," however, if it is and they have been warned that it may be a
burial ground, it would be difficult to defend a felony charge.
2
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.
.
.
.
PLANNING COMMISSION MEETING MINUTES
SEPTEMBER 22, 1992 - PAGE 3
At the last meeting it was suggested that the additional restrictions imposed on the
applicant could be incorporated into protective covenants and recorded against the
property. Nielsen stated that after review of the City Code with the City Attorney,
it is considered that licensing requirements in the Code are adequate, and it is perhaps
preferable to incorporate the restrictions into the license.
Nielsen stated that after review of the Applicant's plan and recommended restrictions,
the Mound Fire Marshall suggests: a) consideration of an easement on the yacht club
parking area to enable emergency vehicles to turn-around and that the turning radii on
the driveways should accommodate it's longest truck, and b) smoke detectors in the
building would be required to be wired to a monitoring station. The Fire Marshall
indicated that with these improvements and the widening of Enchanted Point, the
proposal would be "a benefit to the residents" as well.
Nielsen pointed out that the issue of the number of slips allowed remains unresolved.
If the City is willing to allow more slips than authorized by the Code, it is suggested
that this be accomplished by an amendment to the Code which would allow
sailing/yacht clubs to have a different slip to land ratio; e.g. one slip per 2000 square
feet of land area.
Chair Benson asked for a response from the yacht club.
Owen Nelson, Attorney for the club, stated that regarding the Indian burial ground,
he has contacted a number of individuals to accomplish this. He is waiting for a
response regarding the availability of a Duluth archeologist to conduct the
investigation. He stated that the club needs at least 25 slips. He said that when the
ordinance was drafted, it may have been done with speed boats in mind, however,
there is no noise from the sail boats leaving the slips. Therefore, he pointed out the
actual use is substantially different than what the ordinance was designed for (a
marina). Nelson said if there were 19 motor boats firing up, it would be a different
ball game entirely. Regarding the club house situation, Nelson believed the club is
within the parameters. He stated it's better to have one building with storage facilities
and that the club is under the 2154 square feet with one building with storage right
in the building itself. As far as the rest of the aspects of it, Nelson said the club will
do everything to make a decent road in there. The club wants to work with the
Council. Nelson said it seems that this is something the neighbors should be
participating in to seal coat the road. He said seal coating will be to their benefit for
12 months of the year whereas the club uses it for only 3 months. It's not a whole
lot to ask, Nelson continued, the club will widen it, put a gravel base on it and seal
coat it for a $1000 a year. Nelson felt all should participate in that. Basically, the
club can live with the restrictions. Nelson expressed appreciation for the efforts of
everyone. The yacht club has the need for 25 slips to make it viable and to provide
the school and the educational programs; the club needs a base number to pay taxes
and to maintain the structure and parking.
3
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PLANNING COMMISSION MEETING MINUTES
SEPTEMBER 22, 1992 - PAGE 4
Chair Benson called for comments from the public at 7:20 p.m. He requested that
only those with new information, knowledge or questions presentJemarks and identify
themselves before speaking.
Jerry Grewe, 4560 Enchanted Point, said that the only thing that slows anyone down
on that road is the washboard effect. If we pay to seal coat the road, this will speed
up people driving on that road. We cringe when the grader comes to smooth it out
because we know what's going to happen. To have the road oiled is not a benefit;
cars, garages, homes and white carpets will be full of oil. Grewe also noted the
concerns of the Fire and Safety Departments in reaching the residents and even the
yacht club particularly if cars are parked on the road.
Lee Labore, 4445 Enchanted Point, stated he did not attend the previous meeting, but
received a copy of the ordinance. Labore read a portion of the ordinance regarding
"infringement upon the health, welfare and safety of others." He stated that to .
accommodate a 24 foot roadway, in excess of 100 trees would have to be removed.
That cost would be staggering and in addition some condemnation procedures would
be required. He noted that according to a long time resident, at the time the
ordinance was passed, the yacht club assured the Planning Commission and the
Council that there would never be a building on that site if they could get a conditional
use permit for sailing purposes. He did not know if this was true or not or what the
records would show. He expressed concern that once you rezone commercial, you can
put conditions on a property, but someone else could come along and say they want
to rent boats, etc. and put in all the things the ordinance allows. He spoke further
about the "promise" made to Shorewood when the o(dinance was passed and stated
that the main concern should be of the homeowners and residents. He commented
on the variances required if the application would be approved including drainage
problems.
Bob Rascop, 4560 Enchanted Point, expressed concern over the cost of the road .
improvement and stated that if there ever was an assessment to the residents for
improving or maintaining the road, the residents would fight it on the grounds that it
lowers their property values. Regarding the storage of boats, he stated that it would
be a grievous expansion of the winter time ambience of that property.
Brent Nelson, 12585-12th Ave. No., Plymouth, stated he was confused in that the
club is attempting to conform to the requirements and now the residents are saying
they don't want a wider road. Also, he pointed out the people in the yacht club are
a strong part of the community and the club's contribution is a real asset to the
neighborhood.
Owen Nelson filed with the Commission a copy of a plat showing a 24 foot road.
Chair Benson closed the Public Hearing at 7:35 p.m.
4
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PLANNING COMMISSION MEETING MINUTES
SEPTEMBER 22, 1992 - PAGE 5
Leslie asked for clarification regarding the authorized persons to conduct the burial
ground investigation.
Bean raised questions regarding the variances and restrictions including that of the
size of the building and preferred that it be smaller than proposed because of the
impact it would create on the site. He acknowledged the value of having a building
on the site. .
Rosenberger asked what precedents would be set if the application were approved
with the restrictions on the building imposed. Nielsen pointed out that the distinction
is that of being a sailing club vs. a commercial marina vs. a residential property.
Rosenberger expressed concern over the rationale and how it would affect another
application.
Leslie noted that the Zoning Ordinance sets the guidelines. Bean asked if the
restrictions can be tied to the annual renewal of licensing contingent upon violations
of the restrictions. Nielsen stated that violations would have a bearing on the annual
re-licensing. Borkon expressed concern about attaching that to the licensing approval
and said this would be different from protective covenants. Nielsen stated that in
some aspects, licensing is easier legally and administratively than protective covenants
and that licensing restrictions are applied to other instances. He said violations must
be documentable and quantifiable. Borkon expressed concern about the policing of
such violations and suggested looking at the status of the violations to the restrictions
attached to the approval, if any, every five years.
Bean requested clarification of whether there is a full 24 foot right-of-way for the
road. Nielsen said it appears to be adequate and noted that the narrowest portion of
Enchanted Point is 24 feet according to available information.
Bean' requested verification of the conditions attached at the time the C.U.P. was
approved. Nielsen reviewed the C.U.P and noted that the C.U.P. does not allow
construction or use of a building on the site. Bean asked if the ordinance provided for
recourse that would lead to revocation of the C.U.P. Nielsen stated that a C.U.P. can
be revoked.
In response to Bean's question regarding inclusion of a drainage plan, Nielsen stated
that a plan submitted earlier did include such a plan and indicated that all plans need
to be combined into a final detailed site plan that would include ponding, storm water
treatment etc.
Bean asked what the City was prepared to deal with in regard to the Indian burial
grounds. Rosenberger expressed mixed feelings noting that this is the first time the
burial ground issue has arisen desoite substantial develooment in the area, that he has
a respect for cultures and although no action is required legally, there is a moral
obligation to follow through to see its status verified and resolved. The Commission
members agreed that because there are approved individuals that can accomplish this
5
PLANNING COMMISSION MEETING MINUTES
SEPTEMBER 22, 1992 - PAGE 6
verificati6n, the issue should be resolved. The cost will be approximately $2000.
Owen Nelson of the club agreed that the issue should be resolved.
Malam expressed concern about the conditions attached to the variance. He supported
amending the Code to specifically address yacht and sailing clubs vs. commercial use
and noted that enforcement would be easier under an amended Code. In regard to
the size of the building, Malam stated if the site size is a certain percent of the
required 60,000 square feet, then the building size should reflect a similar percent.
This provision could be included in revision of the Code. Malam indicated that the L-R
district is perhaps too broad in scope and should be refined to make distinctions
between what activities are allowed under commercial and yacht/sailing club. Nielsen
stated that Howards Point has had problems with the L-R in attempting to do things
they have wanted to do at their site, however the L-R zoning was designed with the
various settings in mind.
Leslie said there should be more "carte blanc" in the ordinance. Benson commented
on the history of the zoning and agreed that there should be two separate distinctions
given the number of restrictions that would be attached to this application and an
amended ordinance would separate commercial vs yacht/sailing more clearly. Benson
stated this would lock down the use and it would not be transferable and preferred
to see this accomplished within an ordinance. Nielsen stated that licensing is a major
part of the L-R district and that the restrictions imposed on this application are all
based on the distinction between a commercial vs. a sailing club.
.
Nielsen stated he was not sure what amending the ordinance would gain over what
attaching restrictions to the license does. Borkon asked how amending the ordinance
would impact the yacht club. Nielsen responded they would have to wait to see the
results of that process.
Benson asked for clarification on the parking to slips ratio. Nielsen stated that does '.
not require a variance since that is a requirement the club can comply with even
though the club says it can't. He indicated that an amended Code could include
allowing a sailing club to have a different ratio of slips to land area. However, Nielsen
expressed discomfort in amending tho Code granting a variance for this. Leslie agreed
that having a separate ordinance for a sailing club is not necessary since the control
remains with the City in the annual licensing renewal process.
Rosenberger questioned the logistics of addressing a revision to the Code. Nielsen
stated a Public Hearing would be held in November and it would go to the Council
probably at its first meeting in December.
Rosenberger asked for clarification on the tests for getting a variance. Nielsen stated
according to the Code, the applicant has to demonstrate that some hardship exists
and it prevents them from making reasonable use of their property. The hardship
cannot be financial, cannot be something brought upon the applicant by themselves
and cannot be something that changes the essential character of the area.
6
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PLANNING COMMISSION MEETING MINUTES
SEPTEMBER 22, 1992 - PAGE 7
Rosenberger asked for clarification of the restriction of 19 slips. Nielsen stated that
there is no physical characteristic of the site that prevents them from having 19 slips
and that their need for 25 slips is financial, whereas the physical size and shape of the
site precludes them from meeting the parking requirement. Nielsen stated that if it is
reasonable to allow a lesser slip to land area ratio because of the sailing club then it
would be appropriate to amend the ordinance since the current ordinance addresses
all boats not just sail boats.
e.
Bean stated that modifying the ordinance relative to different types of activity would
eliminate the need for variances. He was inclined to continue the activity if control
can be retained to meet their needs and the needs of the City. Nielsen stated that the
restrictions being considered as part of the variance do what we want them to do and
he wouldn't recommend amending the Code to accommodate the parking set back
variance. Nielsen said the variances in this Application are: parking, the number of
slips, and lot size.
Bean reviewed the restrictions that appear to be attached to this application if
approved. Bean expressed concern over the terms of the original C.U.P. noting that
the site would be in non-compliance with this application. Borkon indicated she was
not sure that it was necessary to amend the ordinance and did not agree with the
licensing and it's related policing yet did not want to deny the club its request. Nielsen
pointed out that the Club has accepted the restrictions and have been sensitive to the
neighbors concerns. He noted also that if the property were sold, the restrictions
would remain intact. Borkon stated she disagreed with the approach of amending the
Code. Rosenberger stated that it appears necessary to revise the code and to get the
neighbors "on board". The Commissioners agreed that all issues should be resolved
before action is taken on this Application.
.
Rosenberger moved, Malam seconded to recommend to the Council that a public
hearing be held to consider an amendment to the City Code that would change the
slip to land ratio.
Motion passed 4/1. Bean voted nay. Borkon abstained.
Bean moved, Leslie seconded to table action on this matter to November 17 pending
resolution of the Ordinance.
Motion passed 5/0. Borkon abstained.
The Commission meeting recessed at 8:40 pm.
Chair Benson reconvened the meeting at 8:50 p.m.
2. STUDY SESSION
- Zoning Ordinance - Shoreland Management Requirements
7
/~.A
t".;'
MAYOR
Barb Brancel
COUNCIL
Kristi Stover
Bob Gagne
Rob DaughertY
Daniel Lewis
.
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236
MEMORANDUM
TO:
Planning Commission, Mayor and City Council
.
FROM:
Brad Nielsen
DATE:
12 November 1992
RE:
Minnewashta Church - C.U.P. for a Church ina Residential District and
Fill in Excess of 100 Cubic Yards
FILE NO.:
405 (92.27)
BACKGROUND
.
Vanman Construction, representing the Minnewashta Church, has submitted plans to
replace the existing church at 26710 West 62nd Street (see Site Location map - Exhibit A,
attached) with a new building. The church itself is a conditional use in a residential
district. In addition, they propose to use an engineering technique called surcharging to
compact the soil on the building pad. The amount of fill required for this process exceeds
100 cubic yards which also requires a conditional use permit.
The church property contains 99,745 square feet of area and is zoned R-ID, Single-Family
Residential. Land use and zoning surrounding the site are as follows:
North/west: Hennepin County Regional Railway r.o.w., then single-family
residential; zoned R-IA
single-family residential; zoned R-ID
Cathcart Park (in Chanhassen); zoned residential
East:
South:
The existing church building contains approximately 4338 square feet of floor area. It is
nonconforming with respect to the front yard setback (18 feet rather than 30 feet). Existing
parking consists of a gravel lot on the east side of the building. The new church (see
Exhibit B) contains 9191 square feet of area with seating for 256 people.
A Residential Community on Lake Minnetonka's South Shore
(d)-I
Re: Minnewashta Church
Conditional Use Permit
12 November 1992
The surcharge method of soil correction consists of stockpiling dirt, 10 feet high, in an area
measuring 100' x 170' where the new church will be built. The pile remains on the site
for approximately eight months, compacting the soil beneath it.
ISSUES AND ANALYSIS
Upon review of the applicant's plans and applicable sections of the Zoning Code, the
following issues should be addressed in the consideration of this request.
.
A. C.U.P. - Church. Section 1201.11 Subd. 4.b. contains specific conditions for
churches in residential districts.
1. The site plan includes side yard setbacks of 10 feet for the parking lot and 20
feet for the building. These are double the normal side yard requirement for the
R-1D district. As can be seen on Exhibit B, the parking lot is 30 feet from the
front property line, in compliance with front setback requirements.
.
2. Although the site plan identifies existing trees to be saved, nothing has been
shown as far as proposed screening and landscaping. Any approval granted at
this time should be contingent upon the applicant submitting a detailed landscape
plan, prepared by a registered landscape architect, which provides an adequate
buffer between the proposed parking areas and adjoining residential property.
Given the minimal side yard setbacks along the east side of the site, it appears
likely that a fence may be the most effective screening measure.
The landscape plan should include a cost estimate, from which a letter of credit
for 150 percent of the cost must be provided. The 1.o.c. must extend for two
full growing seasons.
3. The Code requires one parking space for each three seats based upon the design
capacity of the main assembly hall. Parking shown on the site plan complies
with this requirement. In addition, parking stall dimensions and aisle widths
comply with the Code.
4. The proposed circulation design and the limited weekday use provide adequate
opportunity for off-street loading.
5. Building elevations are shown on Exhibit C. The tallest part of the building is
23 feet in height, measured from grade to the midpoint of the pitched roof and
not including the steeple. The steeple is not subject to height restrictions.
- 2 -
Re: Minnewashta Church
Conditional Use Permit
12 November 1992
The applicant must provide plans for the 24' x 24' garage located at the rear of
the building.
.
6. Although not indicated in the application, previous discussions with church
representatives suggest that the existing church will remain in use until the new
one is completed. This creates a problem in that the required parking can not be
completed until the existing building is demolished. Rather than construct the
parking lot in two phases, the church should plan. on an alternate location for
services (e.g. one of the schools) during the time between the demolition of the
existing building and the occ::upancy of the new building.
The conditional use permit should clearly state that no occupancy of the new
building, except possibly minimal office use, will be allowed until all required
site improvements have been completed.
... B. General Site Design. The applicant should be commended for fitting the proposed
building, required parking and a retention pond on an irregularly configured property.
It is almost surprising that no variances have been requested! There are some minor
issues, however, which must be addressed:
1. The detailed landscape plan mentioned in A.2. above should include information
on site lighting. The lights should be hooded and directed so as not to adversely
impact surrounding residential property.
.
2. The site plan does not make provisions for trash facilities. The plan should be
modified to provide a dumpster enclosure, possibly next to the proposed garage.
3. Grading, drainage and erosion control will be addressed by the City Engineer
under separate cover. Suffice to say for this report that drainage is extremely
critical in the vicinity of the church property. The Engineer will recommend that
a detailed grading, drainage and erosion control plan, plus stormwater runoff
calculations, be submitted. The basic suggestion is that the proposed pond be
made as large as physically possible.
In view of how critical the drainage issue is, any approval granted at this time
should be conceptual only.
C. C.U.P. - Fill in Excess of 100 Cubic Yards. The proposed method of soil correction
raises almost as many issues as the church itself. Briefly, what is proposed is that
dirt will be stockpiled on the building pad, 10 feet high, for approximately eight
months. Location of the stockpile is shown on the site plan. The weight of this
- 3 -
Re: Minnewashta Church
Conditional Use Permit
12 November 1991
material will compact the soil beneath it in order to accommodate the construction of
the proposed building. The stockpile will then be used on site to the extent possible,
with any excess material being removed from the property.
1. The estimated amount of material is over 7000 cubic yards. Truck traffic will
undoubtedly have an impact on the neighborhood during the time dirt is being
brought in. To minimize these impacts, it is recommended that the following
conditions be imposed:
.'
a. Hours of hauling and grading should be limited to between 8:00 A.M. and
4:00 P.M. Monday through Saturday.
b. The duration of hauling should be limited to a reasonable length of time.
c. The applicant is responsible for keeping the street clean.
d. The City may wish to specify that trucks be limited to a direct route to
Highway 7.
2. The grading, drainage and erosion control plan mentioned in B.3. above should
provide for construction limits on the site and installation of significant erosion ..
control barriers around the. stockpile.
.
3. To limit the amount of material which must be imported to the. site, the proposed
pond should be graded initially and the material removed should be used in the
surcharge. process.
4. The Engineer suggests that the process may exceed the proposed eight months.
Since the c.u.p. for the church is only good for one year, it appears likely that at
least a six month extension will be necessary.
5. Due to the relatively small surcharge area, the Engineer does not feel that it will
have any impact on the water table in the area in question.
6. The applicant must provide the soils report which details the surcharge process.
7. The City should require a letter of credit for 150 percent of the estimated cost of
removing the material and restoring the site in the event that the project does not
commence within one year.
- 4 -
Re: Minnewashta Church
Conditional Use Permit
12 November 1992
RECOMMENDATION
Although the request is complicated somewhat by the proposed soil correction, the plans
are generally consistent with the City's Code requirements. Due to the information which
must still be submitted, the approval recommended at this time should be for concept only -
and should be subject to the following:
a. The applicant must provide a detailed landscape plan showing significant screening
and landscaping to buffer adjoining residential property.
. 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
extending for two full growing seasons.
c. . The applicant must provide plans for the proposed garage.
d. All required iml'rovements must be completed prior to occupancy of the new
building.
e. The applicant must provide detailed information on site lighting.
f. The site plan should be modified to provide a trash dumpster enclosure.
.
g. The applicant must provide a detailed grading, drainage and erosion control plan
subject to approval by the City Engineer and the Minnehaha Creek Watershed
District.
h. Construction limits and erosion control barriers must be in place prior to any work
starting.
1. Material excavated from the pond should be used in the surcharge. process.
J. Consider specifying a direct route from Highway 7 for trucks hauling fill material.
k. Limit hours of hauling to between the hours of 8:00 A.M. to 4:00 P.M. Mondays
through Saturdays.
1. Limit the duration of hauling subject to a recommendation by the City Engineer.
m. The applicant is responsible for cleaning the street during construction.
- 5 -
.
.
Re: Minnewashta Church
Conditional Use Permit
12 November 1992
n. The applicant must provide a soils report for review by the City Engineer. f
o. 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.
p. The applicant must provide a signage plan in compliance with current zoning -
requirements.
The information recommended to be submitted should be provided by 15 December in
order for the c.u.p. to be placed back on the Planning Commission agenda for 5 January.
BJN:ph
cc: Jim Hurm
Joel Dresel
Tim Keane
Carey Lyons
Harvey Parker
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Exhibit A
SITE LOCATION
Minnewashta Church C.D.P.
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BUILDING ELEVATIONS
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MAYOR
Barb Brancel
COUNCI L
Kristi Stover
Bob Gagne
Rob DaughertY
Daniel Lewis
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CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236
- MEMORANDUM
TO:
Planning Commission
.
FROM:
Brad Nielsen
DATE:
30 November 1992
RE:
Minnewashta Church- C.D.P. - Revised Plans
FILE NO.:
405 (92.27)
Per the Planning Commission's direction representatives of the Minnewashta Church have
provided the following information relative to their C.D.P. request:
. Exhibit A - Revised Site Plan (includes location and design of trash dumpster and
revised pond grading) -
.
.
Exhibit B - Landscape Plan (includes fencing and signage)
. Exhibit C - Lighting Plan and Specification
. Exhibit D - Garage Elevations
-
In addition the applicant has provided the City Engineer with a soil report, revised grading,
drainage and erosion control plan and stormwater runoff calculations.
Staff comments will be presented verbally at the meeting on Tuesday.
BJN:ph
cc: Kristi Stover
A Residential Community on Lake Minnetonka's South Shore
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REVISED SITE PLAN
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Exhibit C
LIGHTING PLAN AND SPECIFICATION
McGraw-Edison
Power Drawer Area Light
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General - luminaire shall consist of a single
cast aluminum housing and housing door
assembly. The housing shall contain the
optical components and a removable ballast
drawer assembly. The unit shall be
supported by a cast aluminum, adjustable
mounting fitter. The unit shall contain no
weep or drain holes. A filtered vent hole
into the fitter chamber shall be provided.
The entire unit shall be classified as a
sealed type.
Housing - shall be a single piece aluminum
casting, forming a watertight shell. It shall
contain the electrical and optical
component compartments. It shall be UL
wet label listed by itself.
Housing Door - shall be cast aluminum and
shall hold a tempered, heat and impact-
resistant clear glass lens. It shall be
gasketed with high temperature resistant
gasket and shall be hinged to the fixture
housing with a non-corrosive hinge
assembly. It shall be held closed with
corrosion resistant captive screws, or
stainless steel and aluminum, spring loaded,
quick release latches.
Gasketing - all gasketing material shall be
high temperature resistant rubber. All areas
that are gasketed shall be of metal to metal
or metal to glass interface contact design, to
control gasket compression. All gasketing
shall provide component compartment
sealing, to prevent external atmospheric
contaminant intrusion.
Fitter Assembly - shall be of cast aluminum
construction in two sections. Top section,
attached to floodlight-housing, shall be of
striated knuckle design, with positive-lock
position/stop capability. Lower section shall
have matching striations and shall be
attached to the upper section by means of a
=%-13 hex-head bolt. Lower section shall be
cast aluminum and shall optionally consist
of a tenon slipfitter, mast arm slipfitter, wall
mounting fitter, flat surface/cross arm
adapter or universal mounting bracket.
Multiple unit fitters shall also be available.
Power Drawer Ballast Assembly - shall be a
self contained, removable tray assembly of
modular design and shall contain all
electrical components of the ballast. It shall
have a polarized, quick disconnect, mate
and lock power input plug. It shall be UL
labeled by itself and shall be field
interchangeable with any Power Drawer
unit of the same size, without requiring the
luminaire to be removed from the
supporting attachments or structures. The
ballast shall be specifically designed for
the lamp type specified and at the
voltage specified.
Metal Halide Lamp Ballast - shall be of the
constant wattage autotransformer, high
power factor type. Starting current shall be
less than operating current.
High Pressure Sodium Lamp Ballast - shall
be as follows: 70-watt through 150-watt
units shall be high reactance
autotransformer, high power factor type.
250-watt through 1000-watt units shall be
constant wattage autotransformer, high
power factor type, with starting current less
than operating current.
Optical Compartment - shall contain the
socket and reflector assembly and shall be
enclosed by the lens and housing door
assembly and housing.
Socket - shall be mogul porcelain enclosed
and shall have a spring loaded, center
contact. It shall be properly positioned to
allow correct location of the lamp in the
reflector assembly. It shall be specifically
designed to withstand the high voltage
impulse needed to start the lamp.
Reflector Assembly - shall be constructed
of alzak finished, high purity, reflective
aluminum material, shall be designed to
provide optimum photometric results in
conjunction with the fixtures and light
sources for which they are designed. It shall
be a formed reflector assembly to provide
asymmetrical roadway light distributions. It
shall be shaped to provide I.E.S. light
patterns; short, medium, or long vertical light
distribution; and cutoff, semicutoff, or
noncutoff light control when the luminaire is
adjusted at specified tilt angles.
Finish - all painted parts shall be coated
with powder coat thermoset acrylic enamel,
formulated to provide no appreciable fading
characteristics within five (5) years. Color
shall be Bronze, Black or Grey.
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Exhibit D
GARAGE ELEVATIONS
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-DRAFT-
ORDINANCE NO.
AN ORDINANCE,AMENDING CHAPTER 1201 OF THE
SHOREWOOD CITY CODE RELATING TO ZONING REGULATIONS
THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS:
Section 1: Section 1201.03, Subd. 20.b.(2) of the Shorewood City Code is hereby
amended to include:
"Exception. The occupancy limitations stated above shall not apply to one (1) adult
live-in care-provider serving the needs of the primary occupant(s), provided that if
such care-provider resides on the premises for more than thirty (30) days, notice must
be given to the Zoning Administrator."
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 day of , 1992.
Barbara J. Brancel, Mayor
ATTEST:
James C. Hurm, City Administrator/Clerk
~~
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MAYOR
Barb Brancal
COUNCI L
Krist; Stover
BOb Gagne
Rob Daugherty
Daniel Lewis
.
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD . SHOREWOOD. MINNESOTA 55331 · (612) 474-3236
MEMORANDUM
TO:
Mayor and City Council
.
FROM:
Brad Nielsen
DATE:
8 December 1992
RE:
Gideon's Woods P.D.D. - E.A.W./Revised Concept Plan
FILE NO.:
405 (92.26)
.
One of the concerns of residents near the above-referenced project is the historic value of the
Peter Gideon homestead. At the 30 November Council meeting staff reported that an
environmental assessment worksheet (E.A.W.) was necessary due to the proposed destruction
of the existing house, which is listed on the National Register of Historic Places. Research
at the State Historical Society suggests that the historical significance of the property has
more to do with the site and n<2.t so mucn\vith the house (see excerpt from Historic Sites
Survey: Preliminary Field Data Sheet - Exhibit A, attached). As indicated on the survey, the
house has been modified considerably over the years (Le. different siding and roofing, large
addition, etc.).
Based upon the residents' concern and in order to keep his project moving, the developer has
proposed to modify his plans to keep the house on the subject property. In our initial
discussions, he proposed to simply leave the house in its current location and build eight
twinhomes around it. This raised issues with site design as well as zoning restrictions, since
single-family dwellings are not permitted within the R-C zoning district.
To resolve these issues, staff suggested moving the house to the southwest corner of the site
and converting it to a two-family dwelling. The developer agreed and proposes to add a
carriage house type apartment, similar to what was done in the late 1800's, to the relocated
house (see Exhibit B). This solution should be encouraged for the following reasons:
A Residential Community on Lake Minnetonka's South Shore
'.F-'
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.
RE: Gideon's Woods P.U.D.
E.A. W.lRevised Concept Plan
8 December 1992
1. The house remains on its original site.
2. The house will be more visible to the public than it currently is.
3. The single-family character of the house will provide a desirable transition from
houses on Glen Road to the new twinhomes.
- '
Since the revised plan does not propose destruction of the. house, there is a question as to
whether an E.A.W. will be required; The Environmental Quality Board (E.Q.B.) has
informed the developer that they will leave the determination up to the State Historical
Society. The Historical Society in turn is requesting advice from the U.S. Department of
Interior.
At the 30 November meeting the Council directed staff to prepare a resolution with fmdings
of fact, approving the Concept Plan for the P.U.D. On the assumption that the Council will
view the revised plan favorably and that an E.A. W. will not be required, the attached
resolution has been prepared.
Hopefully, we will have heard from the Historical Society by Monday's meeting. If they
decide that an E.A.W. is still necessary, the E.A.W. will be presented at the 11 January
1993 meeting.
BJN:ph
cc:
Jim Hurm
Tim Keane
Joel Dresel
Fred Katter
Laura Turgeon
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Surveyort s Additional Comments:..
Accessibility to public, etc.
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( ) Recommended for preservation through local or M.R.S. action
( ) Preservation impractical:
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Exhibit A
EXCERPT - mSTORIC SITES SURVEY:.
PRELIMINARY DATA SHEET
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Exhibit B
REVISED CONCEPT PLAN
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RESOLUTION NO.
A RESOLUTION APPROVING THE CONCEPT PLAN
FOR GIDEON'S WOODS P.U.D.
WHEREAS, Katter Development Corporation (Applicant) has an interest in real
property located in the City of Shorewood, County of Hennepin, legally described in Exhibit
A, attached hereto and made a part hereof; and
WHEREAS, the Applicant has applied to the City for approval of a Concept Plan for
the construction of a residential planned unit development known as Gideon's Woods P.D.D.
containing eighteen (18) twinhome units on approximately 4.5 acres of land; and
WHEREAS, the Applicant's request was reviewed by the City Planner, and his
recommendations were duly set forth in a memorandum to the Planning Commission dated
13 November 1992, which memorandum is on file at City Hall; and
WHEREAS, the Planning Commission at its regular meeting of 17 November 1992
recommended approval of a Concept Plan for the 18-unit Gideon's Woods P.U.D.; and
WHEREAS, the Applicant's request was considered by the City Council at its regular
meeting of 30 November 1992 at which time the City Planner's memorandum and the
minutes of the Planning Commission were reviewed and comments were heard by the City
Council from the Applicant and City staff.
. NOW, THEREFORE, be it resolved by the City Council of the City of Shorewood as
follows:
FINDINGS OF FACT
-=- -
1. That the property contains approximately 4.5 acres and is zoned R-C,
Residential-Commercial.
2. That the property is currently occupied by a nonconforming single-family
dwelling which is listed on the National Register of Historic Places.
3. That the developer proposes to relocate the existing home on the lot, convert it
to a two-family dwelling and build eight additional twinhome structures on the property as
shown on Exhibit B, attached hereto and made a part hereof.
4. That the typical unit floor plan contains 1395 square feet of area plus a two-
car garage as illustrated on Exhibit C, attached.
5. That the design of the proposed building will be consistent with the plans
shown on Exhibits D and E, attached.
6. That an Environmental Assessment Worksheet (E.A.W.) may be required for
the proj ect.
~.r"'2.
CONCLUSIONS
1. The Applicant's request for approval. of a Concept Plan for Gideon's Woods
P.U.D. is subject to the following conditions as set out in the Planning Staff Report dated
13 November 1992 and the Planning Commission minutes dated 17 November 1992:
(a) The existing billboard located in the northeast corner of the site shall be
removed by
(b) The unit lots will be platted such that decks, patios, screen porches and the
like will not encroach into the common area.
(c)
The unit lots will be platted to comply with the following setbacks:
North - Forty (40) feet
East - Thirty-Five (35) feet
South - Thirty-five (35) feet
West - Forty (40) feet
.
(d) The minimum distance between buildings shall be twenty-two (22) feet.
(e) Site grading shall be minimized within forty (40) feet of the west side of the
site.
(t) Grading, drainage and erosion control shall be subject to approval by the City
Engineer.
(g) Drainage plans must be approved by the Minnehaha Creek Watershed District.
.
(h)
Utilities within ~ project will be privately owned and maintained by the
homeowner's association.
(i) The developer must submit an inventory of existing trees on the site,
identifying which trees are to be preserved.
G) The developer proposes to connect to the Shorewood municipal water system.
In the alternative he may obtain water from the City of Tonka Bay.
(k) The developer must submit a detailed landscape plan, including preservation of
existing trees, designed to provide an effective buffer between the property and
existing development to the west. The landscape plan will be subject to
approval by the Planning Commission and City Council.
(1) Internal vehicular circulation within the project will be subject to approval by.
the Fire Marshal.
(m) Buildings will be located such that there are at least two parking spaces in
front of each garage.
.
.
(n) The project may be subject to modification as the result of any mandatory
environmental review.
2. City Council approval of the Concept Plan is subject to all applicable
standards, regulations, and requirements of the Shorewood City Code, including, but not
limited to the following:
(a) Section 1201.04 Subd. 1. regarding the procedures for review and approval of
conditional use permits.
(b) Section 1201.06 Subd. 3. regarding special procedures for the" establishment of
a P.U.D. by conditional use permit.
(c)
Section 1201.25 Subd. 6.(b)(1) regarding the purpose of concept plan
approval.
3. Approval of the Concept Plan is not intended, nor does it act to grant approval
of a Development Stage Plan or Final Stage Plan which are required pursuant to Section
1201.25 Subd. 6.(c) and (d).
4. The application of Karter Development Corporation for approval of the
Concept Plan for the Gideon's Woods P.U.D. as set forth above is hereby approved.
5. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD
this 14th day of December, 1992.
Barbara J. Brancel, Mayor
ATTEST:
James C. Hurrn, City Administrator/Clerk
LEGAL DESCRIPTION
.
"All that part of Lot 6, Auditor's Subdivision No. 133, Hennepin County, Minnesota,
bounded by a line described as follows: Beginning at a point on the south line of said
Lot 6, distant 1827.7 feet east of the southwest corner thereof, thence north at a right
angle with said south line of Lot 6, 595.47 feet to the south right-of-way line of the
Minneapolis & St. Louis R/R, thence east along said south right-of-way line 290.00
feet to the centerline of County Road, thence southeasterly along the centerline of said
County Road 453 feet more or less to the southeasterly line of said Lot 6, thence west
along said south line 414.5 feet; thence deflecting to the right 29 degrees 25 minutes
along said south line a distance of 151.8 feet to the point of beginning."
.
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REVISED CONCEPT PLAN
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PROPOSED FIRST FLOOR PLAN
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BUILDING ELEV A TrONS - FRONT AND REAR
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BUILDING ELEV A nONS - SIDE
MAYOR
Barb Brance!
COUNCI L
Kristi Stover
Bob Gagne
Rob DaughertY
Daniel Lewis
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD . SHOREWOOD. MINNESOTA 55331 · (612) 474-3236
MEMO
TO:
FROM:
DATE:
. RE:
JAMES HURM AND AL ROLEK
,/1.../) ,(:J0'
-<it!- ~
IV .
MAYOR AND COUNCILMEMBERS
DECEMBER 8, 1992
AGENDA ITEM 7, CITY CONTRIBUTION TOWARD MONTHLY INSURANCE
PREMIUM FOR CITY EMPLOYEES
At the November 30 meeting, the city Council asked the staff to
review medical insurance costs for the City staff, survey other
options for this coverage, and review the amount that other cities
contribute toward those costs.
.
In the course of our review, we found that the insurance rates
obtained by the City through the LOGIS group were comparable to
those of other cities participating in other insurance groups.
And, as was mentioned at the last Council meeting, LOGIS reviews
insurance options and coverages, and premiums on an annual basis.
We feel that, at this time, it would not be to the City'S advantage
to leave the LOGIS group. We find no real benefit to the City or
it's employees to join with another insurance group. Forming our
own group may prove detrimental due to the small group size and the
experience rating of our employee group.
We have reviewed the insurance contributions of other cities in the
Metro area and, especially, the Lake area for the year 1992. These
contributions range from $174.15 to $463.92 per month. The average
contribution for cities of under 10,000 population is $295 per
month in the Metro area. The average for Lake communities is $303.
To conclude, we feel that the medical insurance obtained through
the LOGIS insurance group is comparable to that of other groups in
terms of cost and coverage and, therefore, recommend continuing
coverage through LOGIS. We also recommend the adjustment in the
City insurance contribution for City employees for 1993 to $290 per
month. This would be consistent with the 1993 contribution for the
union contract employees, and would be close to the Metro average
city contribution for 1992.
A Residential Community on Lake Minnetonka's South Shore
.
.
RESOLUTION NO. -92
ESTABLISHING A RATE OF THE CITY'S CONTRIBUTION TOWARD
THE MONTHLY INSURANCE PREMIUM FOR CITY EMPLOYEES
WHEREAS, the cost of health and other insurances for city
employees has been increasing significantly over the past years;
and
WHEREAS, health insurance
approximately 11% for 1993.
premiums
increasing
are
NOW, THEREFORE BE IT RESOLVED, that the city employees not
covered by EmploYment Agreements, section 13 Employee Insurance,
Subd.1, Benefits, of the Employee Relationship POlicy, is hereby
amended to read as follows:
"If the employee so desires, the City will pay the
monthly premium for regular and probationary full-time
employees and their dependants for up to a maximum of
$290 of insurance at the level of benefits currently
provided..."
BE IT FURTHER RESOLVED, that this resolution shall take effect
January 1, 1993.
ADOPTED BY THE CITY COUNCIL, of the city of Shorewood this
14th day of December, 1992.
Barbara J. Brancel, Mayor
ATTEST:
James C. Hurm, City Administrator
~.:l~'(CR
Bartl 8rancel
caUNC: L
Krlstl Stover
Bob Gagne
Rob Daugherty
Daniel Lewis
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (6121 474-3236
December 4, 1992
Mr. Gordon Metcalf
EOS Architecture
21 Water street
Excelsior, MN 55331
.
Re: Truck exhaust - Public Works Building - Shorewood, Minnesota
Dear Mr. Metcalf:
As you are aware, we have been experiencing two separate exhaust
problems with the new public works building. The first situation
has to do with the main vehicle storage portion of the building.
When public works trys to operate the exhaust system in this area
negative pressures created render our furnaces inoperable.
Previous conversations and letters have suggested that the exhaust
fan from this area should only be operated with the bay doors open
at least partially. This solution is unacceptable to the city and
we request an alternate solution.
,
The second problem ~e have been experiencing has to do with the
venting of exhaust gases from the service bay area. As designed
and constructed it is impossible for public works to vent the
exhaust gases from the vehicle operation due to maintenance. It
has been suggested that an overhead exhaust system could be
installed to eliminate this problem. At this time we request that
you obtain several quotes for such an overhead exhaust system, and
contact us with the probable cost. If we feel the cost is
acceptable, we would need a change order from your office by
Tuesday, December 8, 1992.
Please call me at 474-3236 with any questions.
i1incerelY,
1_ I 'U' \,\1r(j t-VJJY'IV\
.,%~mes c. Hurm
vcity Administrator
cc: Don Zdrazil, Public Works Director
A Residential Community on Lake Minnetonka's South Shore
<3
_n_ J
..
ORDINANCE NO.
-92
AN ORDINANCE AMENDING OR ESTABLISHING CITY LICENSE,
PERMIT, SERVICE CHARGES AND MISCELLANEOUS FEES
THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS:
Section 1. The City Code of the City of Shorewood is hereby
amended by ad~ing Title 1300, License, Permit. Service Charges
and Miscellaneous Fees to read as follows:
.
1300.01 PurpQS~: Fees and charges by the City of Shorewood are
established as set forth in other sections of the City
Code and as set forth in this Title 1300. If there is
inconsistency between fees and oharges established in
chis Title 1300 and other sections of the City Code, the
terms and conditions set forth in Title 1300 shall
prevail. The City Council may amend this Title 1300
from time to time at its sole discretion by simple
majority of all of its members.
1300.02 Establishment of Fees and Charges: Fees and charges by
the City of Shorewood are hereby established as set
forth in Schedule A. Each section of the City Code
which contains any such fee or charge is hereby amended
to reflect the amount set forth in Schedule A. If this
Title 1300 does not establish a fee or charge, it shall
remain as stated in other sections of the City Code.
X. TY1E or C~~E/~i;
SCHEDULE A
CITY CQ:OE
REP'EltZNC!l
CX1U!.C1E/IEE
POlice/Fire Alar.m Permits
601.06.1
$ 25.00
50.00
100.00
1st offense of year
2nd offense of year
thereafter
.
Boat Docks & Boat Stora.ge
Facility License 304.05 35.00
Intoxicating Liquor License 403.06.1 7,500.00
Wine License .. On-sale 403.06.1 1,000.00
Intoxicating Malt.Liquor/
Wine License - On-sale 403.06.01 2,000.00
Liquor Special Club License 403.06.1 250.00
Special Sunday License 403.06.1 200.00
Nonintoxicating Malt
Liquor License - On-sale 402.06.2a. 300.00
q
2'd
't--Wone ~JtlW.::L:lOH NI>lCJtll 917: H 26 (
"
Nonintoxicating Malt
Liquor License - Off-sale 402.0b.2b
Nonintoxicating Malt Liquor
Temporary License 402.06.2c
Dog Licenses
701.03.2
Special Permit, more than
2 dogs
Show Oog License
Kennel License
701. 04.1
701.04.2
701.04.2
702.04
701.08.4
.
Horse Permit
Animal Impound Fees
Street Excavation iermit
-901.01.2b
Gambling License 301.06.2
301.06.1
Individual Sewage Disposal
System Contractor License 506.05.5
.
Master Plumber Registration
Fee 904.0S.1b(2)
Sewer Connection Permit
904.0e.lb(2)
Sewer Service
904.15.1a
Looal Sewer Avail. Charge
Reruse Hauler Lioense
~
904.18..-2
507.05.4
305.01
903.03.1a
Tree Trimmers License
Water Connection Permit
2.
50.00
25.00
5.00
1.00 late ree
5.00 per dog
5.00
50.00
25.00
50.00
100.00
150.00
50.00
100.00 Annual
25.00 Temporary
1st offense of year
2nd offense of year
thereafter
35.00 +
1,000.00 Bond
100.00
100.00
74.7S/qtr/Residential
49.S3/qtr/Residential Sr.
Citizen
37. 38/qtr/Residential
Seasonal
89.60/qtr, plus $3.14/ea
1000 gallons in excess of
28,500 gallons per
quarter/Commercial
1,000.00
50.00 + 25.00/truck
30.00
25.00
Water Meter - 3/4 903.03.1b(2}
Horn
1 n
Horn
Late Meter
Reading Fee Ordinance 249
Meter Test 903.08.4
Water Service
Water Turn-on &:
Shut-off Fee
Water Connection Fee
.
Special Assessment Search
Mailed Minutes
Mailed Agendas
.
Copies
Recycling Containers
City Code Book
Code Book Updates
City Zoning Code
Election Filing Fee
Spring Clean-up Fees
Park and Recreation Use Fees
Skating Rinks (per rink)
Unlighted Rink
Lighted Rink
Tournaments
903.09.1a
903.04
903.03.3
507.09.1
507.09.2
3.
80.00
20.00
160.00
40.00
5.00
50.00
22.00/qtr minimum, plus
$1.45 per each 1000 gallons
in excess of 10,000 gallons
per quarter
25.00
4,000.00
15.00
75.00 annual
.25 per page/individual
35.00 annual
.25 per page/individual
.25 per page - single side
8.00 after 1st container
50.00
Pro-rata cost
20.00
2.00
Up to 10.00
S.OO appliances
17.00 large furniture
3.00 tires w/o rims
6.00 tires w/rims
12.00 truck tires w/o rims
10.00 per hour
15.00 per hour
30.00 per day + attendant
salary
Unlighted Field
Lighted Field
Tournament.
Soccer/Football/Easeball/Softball Fields
Resident Ease Fee
20.00 per day
30.00 per day
50.00 per day
(per field)
Non-Resident
60.00 per day
90.00 per day
150.00 per day
Multi-Use Buildings
Damage Deposit 100.00
Manor/Eadger/
Cathcart/Silverwood 50.00 Base Fee
Freeman 100.00 Base Fee
~cnic P&viliona
Manor/Badger/Cathcart 25.00 Base Fee
Freeman 50.00 Base Fee
I.
II. TYPE 0' CKARGI/'EE
Zoning Amendments
Conditional Use Permit
Variances and Appeals
(Residential)
Variances and Appeals
(Nonresidential)
100.00
150.00
300.00
75.00
150.00
~
REFERENCE
CRARGB/FQ
1201.04 Subd. 1.a. $450.00
1201.04 Sunde 1.a. 200.00
(Residential)
1201.05 Subd. 3.a. 300.00, plus
(Nonresidential) 100.00 escrow
1201.05 Subd. 3.a. All: 150.00, plus
150.00 escrow
1201.05 Subd. 3.a. All: 200.00, plus
150.00 escrow
. Planned Unit Development 1201.25 Subd. 6 .b. (2) (b) 650.00, plus
350.00 escrow
Sits Plan Review/
Certificate 1201. 07 Sul::ld. 2 150.00
Sul:ldivision (Metes and 1203.03 Subd. l.a. (2) 250.00, plus
Bounds.3 lots or less) 100.00 escrow
Sul::ldivision (Preliminary
Plat) 1202.03 Subd. 1.a. (2) 250.00, plus 2S/lot
plus 100.00 esorow
Subdivision (Final Plat.) 1202.03 Subd. 1.a. (2) 500.00, plus 2S/lot
plus 200.00 escrow
Park Dedication (Cash in
lieu of land) 1202.07 750.00/unit
4.
Comorehensive
Pian Amendment
None
Preapplication:
200.00
For.mal Application:
800.00
Note: Base Fees are nonrefundable. Escrow deposits are to Cover
consulting engineer ana attorney expenses. Applicants are informed
that any City expenses not covered by these fees will be billed to
them. Unused escrow fees will be returned to applicant upon written
request.
III. TYPB O~ CHARGmJ~m~
Building Permit
~
RmJl1RENC:m
1001.03
.
House Moving Permit
1002.02 Subd. 4.0.
Mechanical Permit
State Building
Code (S. B . C. )
S.B.C.
Plumbing Permit
Automatic Sprinkling
System Permit
Demolition Permit
Sign Permit
S.B.C.
S.B.C.
1201.03 Subd. 11.f.
.
Fence Permit
1201.03 SUbd. 2.f.
Grading/Filling Permit S.B.C.
Home Occupation Permit 1201.03 Subd. 12.c.
Irrigation System Permit 901.02 Subd. 2.d.
R.O.W. Encroaohment Permit 901.02 Subd. 2.b.
C1tU.GBJp~:m
Per 1988 State
Building Code (S.S.C.)
Per S.B.C.
200.00 escrow
2% value of work
20.00 min.
7.00/fixture
20.00 min.
20.00
c::n nn..
Per S.B.C.
20.00
20.00
Per S.S.C.
10.00 (Limited)
200.00 (Special)
20.00
20.00
.. Fee is waived when done in conjunction with a building per.mit
or when burned by Fire Oepar~~ent.
5.
SOd
o ~w,na ~.JI:::lW..:UOH NI>1::ltll 8t": n 26. 60 J31J
.
.
Seotion 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 SHOREWOOO,
MINNESOTA, this ~ day of , 1992.
Barbara J. Brancel, Mayor
ATTEST:
James C. Hurm
City Administrator/Clerk
TJX:JA7e
6.
9'd
'N1Wl3 N~WJJOH NI~~~l 6p:~~ 26, 60 J3a
..
MAYOR
Barb Brancel
COUNCI L
Kristi Stover
Bob Gagne
Rob DaughertY
Daniel Lewis
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236
MEMO
TO:
FROM:
DATE:
e RE:
MAYOR AND COUNCILMEMBERS
AL ROLEK Of?--
DECEMBER 7, 1992
INCREASE IN MAXIMUM SECTION 125 HEALTH CARE REIMBURSEMENT
CONTRIBUTION
The City council established the Shorewood Cafeteria Program in
1990. This program allows employees who participate to withhold
part of their salary to pay for insurance premiums, health care
costs and dependent care costs with pre-tax dollars. The program
is of benefit to both the employee and the City in that no taxes,
including FICA, are withheld from the dollars contributed to the
pre-tax plan.
t
At the time the program was established, the council set a maximum
withholding of $1,000 per employee per program year for the Health
Care Reimbursement Pr~gram. There has been interest by employees
to increase the maximum to $1,500 per employee per program year.
Because the program has worked very well in the past three years,
and because the City saves FICA contributions on these
contributions, this would be a win/win proposal for the city and
its employees.
It is, therefore, recommended that the City council amend the
Shorewood Cafeteria Program to allow participation in the Health
Care Reimbursement Program to a maximum of $1,500 per employee per
program year. A resolution which would amend the program is
included in your council agenda packet.
Should you have any question relative to this matter, please give
me a call.
A Residential Community on Lake Minnetonka's South Shore
}O
.
~ :j
~l v
November 25, 1992
Mayor and City Council of Shorewood
Dear Mayor and Council:
We the undersigned the neighbors who live on Enchanted Point object
to the rezoning of the Yacht Club property on Enchanted Point.
We strongly urge the council to vote No on the rezoning application
for the Yacht Club property.
Years ago when the Yacht Club applied for a conditional use permit
promises were made to the then city council that there would never
be a building built on the property. objections were made to the
conditional use permit at the time and the city council finally
granted the conditional use permit with conditions and restrictions
prohibi ting the construction of a commercial building on that
property.
Please refer to the conditional use permit and all the restrictions
that were discussed and argued and finally resolved by the counsel
protecting the residential neighborhood.
The Yacht Club now wants to break those promises and desires a
rezoning so that they may construct a commercial building.
The neighborhood is residential.
The lot is not suited for the plans or designs which is evident by
the various restrictions and or variances that would have to be
granted before they could construct a commercial Yacht Club
building on the property.
,
All of us strongly urge the city council to vote No on the rezoning
request of the Yacht Club.
Please protect the integrity of our beautiful neighborhood.
~~..YJ(J)M(Jt 13~6 bJeIk2J)1;ti II.
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5865 Strawberry Lane
Shorewood, MN 55331
November 21, 1992
Shorewood City Council
5755 Country Club Road
Shorewood, MN 55331
Dear Members of the City Council:
Recent stop sign installations on Shorewood Oaks Drive (a through
street) and Burlwood Ct. and Maple Leaf (both dead end streets
with 8 to 10 houses) immediately raises the question of "WHY?".
A synopsis of the issue is: a request from some of the residents
along Shorewood Oaks Dr. to do something about the high speed of
vehicles traveling Shorewood Oaks Dr. Results of monitoring
traffic on four different occasions by the Police Department
indicated ALL vehicles travelled at posted or less than legal
speed limit of 30 MPH except one vehicle going 33 MPH.
The monitoring results and recommendations of the Police and
Planning Departments..:. "that since there is not a speed problem
stop signs should NOT be installed", were ignored by the City
Council.
I can understand safety concerns of residents when there actually
is a speed problem -- which in this case there IS NOT! I believe
the real issue or concern is and SHOULD BE the safety of the
children in Shorewood Oaks Subdivision. This a concern for
everyone -- parents AND MOTORISTS!
The real solution to the problem is not to turn the public
streets into parks, but rather to teach the children not to play
in the street. Streets are designed for vehicular access -- NOT
AS PARKS. At least 80% of the time I have driven down Shorewood
Oaks Dr. there have been bicycles, tricycles, and other toys
blocking one of the two dead end streets. Many times there are
preschool children playing in the street sometimes without
supervision and sometimes with apparent consent of parents in
nearby yards.
I \
.
.
Freeman Park is an excellent park by any standard and actually
adjoins many lots in Shorewood Oaks Subdivision. The bicycle
trail adjoins lots on both dead end streets. Additionally
Cathcart Park is only two to three blocks away.
All of this raises the following questions:
Why are children allowed and apparently encouraged
on public streets?
play
4_
~u
Why have stop signs been installed on Shorewood Oaks Dr.
against the recommendations of Professional experts?
Why does the Shorewood City Council retain or even consult
experts if they ignore their advice?
Why hasn't the real problem been addressed?
What (if anything) is lacking in our park system that
condones, allows, and supports using public streets as
playgrounds?
Let public thoroughfares BE public thoroughfares! Remove the
stop signs on Shorewood Oaks Dr. NOW! Return the streets to the
public. Shorewood citizens generously support many fine parks --
LET'S USE THEM!
Allan Johnson
I SUPPORT THE INITIATIV
OAKS DRIVE. E TO REMOVE THE STOP SIGNS ON SHOREWOOD
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I SUPPORT THE INITIATIVE TO REMOVE THE STOP SIGNS ON SHOREWOOD
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NAME
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DEe 08 '92 16: 31 OSt1 MPLS, MI'l
P.2
December 8t 1992
Mr. James Burm
City p.dm;n;~trator
City of Shorewood
5755 Country Cub Road
Shorewood, MN 55331
osu=&
, t WI.. ASSOQ,ares, Inc.
300 pm f'lao.: Ce:nter
5775 W~y/.tJ.til !3Oulevard
1\1innC<'lpOlis. !\iN 55416-1228
612-595-57i5
1-300- 75~-5775
FAX 590-5773
Enginec::!$
Architects
Planners
surveyors
Re: Public Works Site ~ Bishop Concerns
OSM Project No. 4590.00 '
Dear Mr. Hurm:
In response to questions raised by Mr. Bishop at the last council meeting we have
investigated the following items:
.
1.
What can be done about the ditch along County Road 19 with regard to
the culvert under the public works driveway,
2. When will the fence around the public works site be constructed, and
3. Will there be additional buffer constructed between the bishop property
and public work site.
With regard to the culvert under the public works drive there is little that can be done
short of constructing an elaborate storm sewer system including a catch basin between
the two driveways. The culvert was placed to match the pre-existing ditch section that
was built along County Road 19 and was in fact approved through permit by Hennepin
County. ShO'uld County Road 19 be updated in the future, such a storm sewer will likely
be constructed and the. ditch removed.
.
The fence around the public works site is nearly complete. There are some areas where
additional grading is planned to be done at the base of the fence that can not be
cO'mpleted until next spring when the ground thaws and the final grading work can be
done.
Additional trees are planned along the property line between:Mr. Bishop and Public
Works. The berm soil that was placed previously was, somewhat wet and could not be
fine graded. Consequently some of the trees may not be planted until this coming
spring. In addition, it will be desirable to' do additional berming around the fence that
has just been placed.
Sincerely,
ORR-sCHELEN-MA YERON
& ASSOCIATES, INC.
>ofd [Jv-<U1r&r~
JOel Dresel, P.E., LS.
City Engineer
jme
Eq\:;.\l Opport\lnilY Er.lplvj'(f
13fr,
/
MAYOR
Bare 6ranC!!1
COUNCIL
Krist; Stover
Bot) Gagne
Rot) Daugherty
Daniel Lewis
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236
},iIEMORANDUM
TO:
Mayor and City Council
.
FROM:
Brad Nielsen
DATE:
23 November 1992
RE:
Chandler , John - Request for Variance or Return of Sewer Assessment
FILE NO.:
Property - 28200 Woodside Road
Mr. Chandler appeared at the 9 November Council meeting and presented the attached letter
requesting a lot area variance to subdivide his property or a return of the sewer assessment
which had been paid on the property.
.
With respect to a lot area variance, Shorewood's Code requires that the applicant
demonstrate that some hardship exists which.keeps him from making reasonable use of this
property. The application fora variance requires certain information relative to location of
buildings, access, lot dimensions, in this case - location of the ordinary high water level of
Lake Minnetonka, etc., all based upon a survey of the property. Once this information has
been evaluated, a public hearing must be held prior to any decision being made by the City.
},ifr. Chandler's determination that his lot contains only 73,500 square feet of area is not
based upon a survey but rather appears to be an enlargement of the Hennepin County half-
section map (his Exhibit 3). Given the amount of area which appears to be lacking and the
fact that other lots in the area appear to be 40,000 square feet or larger, it is understandable
that Mr. Chandler would not wish to risk the cost of a survey.
Staff has researched the status of sewer assessments on Mr. Chandler's property. City
records show that the property ~ assessed for two units. The City Attorney advises that
technically the City is not obligated to correct the assessment 20 years after the fact. There
is, however, some precedent for refunding the assessment. A few years ago the City agreed
to return a sewer assessment on a lot which had been deemed unbuildable (see Henney, Bill -
Lot Width and Area Variance). The concensus of the staff is that it would be unfair not to
refund the $1800 assessment. Whether or not interest should be included is upt<:> th~ City
Council.
A Residential Community on Lake Minnetonka's South Shore
'3C--I
pJ
Re: Chandler, John
Request for Variance -.-
23 November 1992
Prior to any refu~d being paid, the City should require documentation by Mr. Chandler's
. . surveyor verifying that his property is only 73,500 square feet in area.
-
If you have any questions relative to this matter, please do not hesitate to contact my office
pp.or to Monday night's meeting.
-
BJN:ph -
cc: Jim Hurm
-- Tim Keane
Joel Dresel
Al Rolek
Jack Chandler
.
.
- 2 -
''"
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. vv/ I
City Council
City of Shorewood
Re: Request for variance of lot size or return of sewer assessment.
I am John D. Chandler - 28200 Woodside Road
When the sewer project started, the city measured all the property for
purposes of making assessments based on buildable lots. My property was
judged to have 84,942 square feet (Exhibit 1) and therefore I received two
sewer assessments. Since my back property did not abut a road, I obtained
a 50' easement on the Woodside Cul-de-sac from my neighbor Ralph Robinson
(Exhibit 2). This was done with the knowledge and approval of Brad Nielsen.
When I requested permission to divide my property for the purpose of
creating a seperate building site on the rear portion of my lot, I was informed
by Brad that I needed to obtain a survey showing the actual square footage.
Since the city had said I had 84,942 square feet, I was surprised to find that
my property was 73,500 square feet (Exhibit 3). I had the surveyor divide
the property lines to show how I would have 40,000 on the rear lot and 33,500
on the front lot where my present house is. The property to the rear of the
driveway easement is very steep and virtually unuseable (Exhibit 4).
\
w~en I requested permission to divide the property, Brad informed me
that I should present this as a sub-division, and present my proposal to the
planning commission. However, in order to do th~s, I would need a complete
survey showing distance from structures, roads & utilities with elevations
etc. The surveyors said this would cost approximately $2,000.
Before making this expenditure, I would like to know if the council
would approve this div~sion and allow a variance to 33,500 square feet
for my present house and if it would not approve this, I would then request
a return of my sewer assessment plus interest.
Thank you for your consideration of this matter.
Very Truly Yours,
/:;;JL;1r~~
YJack Chandler
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~ SURVEY NO. 1585, Files of the Registrar
% of Titles. County of Hennepin, State
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1 h~reby certify that this sketch.
plan or report was prepared by me
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that I am a duly Registered Land
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of Minnesota.
Cr:
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Dated this 17th day of .Apri 1 1987
SUNDE LAND SURVEYING. INC.
BY: 0. t9 ""'. .2:J-
Edwdrd H. Sunde. R.L.S.
Reg. No. 8612
..
REVI SED' OCTOBER 23. 1987
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CITY OF SHOREWOOD
5755 COUNTRY CLUB ROAD
SHOREWOOD, MN 55331
* * IMPORTANT * *
HELP STOP BIG SEWER RATE INCREASE!
ACTION ALERT - SHOREWOOD SEWER CUSTOMERS
* THE PROBLEM
The Metropolitan Waste Control Commission (MWCC) is increasing sewage
.treatment charges to Shorewood from $376,665 to $554,820 in 1993, a
$178,155 (47%) increase. This represents 23% of our total 1993 Sewer Fund
Budget. Additionally, an estimated $158,200 (42% of the $376,665 1992 MWCC
charges) increase is expected in 1994.
* THE RESULT
The City Council is forced to increase sewer rates by $20.00 per quarter
($80 annually), from 54.75 to $74.75 per quarter for 1993 ($219.00 to
$299.00 annually) alone. (See Sample Bill below)
* WHAT WE'RE DOING
The City Council feels these MWCC actions are outraqeous and uniustified,
is opposing this MWCC increase and is demanding justification for the
increase in charges.
* WHAT YOU CAN DO
Write or call your MWCC officials to voice your displeasure with the
.increase. Names, addresses and phone numbers are on the reverse side.
SEE REVERSE FOR MORE INFORMATION
CITY OF SHOREWOOD
Presorted
First Class
U.S. POSTAGE
PAID
PERMIT NO.
128
FROM I TO I BILUNG DATE I DUE DATE
CURRENT 11992
INCREASf DUE
PROPOSE 1993 S
PLEASE RETURN THIS
STUB WITH PAYMENT
80.00
299.00
F
o 12345 YOUR STREET
R
YOUR NAME
12345 YOUR STREET
SHOREWOOD, MN 55331
AccaUNTNUMBEFf I DUEDATE
~ /3 r'\
.... ..... V
METRO WASTE CONTROL COMMSSION INCREASE
FORCES INCREASE IN SEWER RATES FOR 1993
\
The City of Shorewood has been informed by the Metropolitan Waste Control
Commission (MWCC) that the sewer treatment charges for 1993 are being
increased from $376,665 to $554,820, a $178,155 increase. This is a 47%
increase over the 1992 MWCC charges and constitutes about 23% of our total
Sewer Fund budget for 1993. It is among the largest increases for these
services in the Metro area. In addition, the MWCC has informed the Council
that an increase of 42% of our 1992 MWCC charges (approximately $158,200) is
likely in 1994.
The MWCC states that this is primarily due to a higher than normal flow of
non-sewage water that is entering the sewer system. Because the City of
Shorewood has one of the more difficult sewer systems in the Metro area to
meter, a large percentage of this flow is estimated by the MWCC.
As a result of the MWCC increase, the City must increase its sewer rates.
charged to residents. Beginning January 1, 1993, the sewer rate will go from
the current $54.75 per quarter to $74.75 per quarter ($219.00 to $299.00
annually), a $20.00 per quarter ($80 annual) increase. This increase is
reflected in the sample sewer bill on the reverse side of this notice.
According to a MWCC official, Shorewood' s sewage flow is based more on
estimates than any other Metro area community. Their estimates and studies
to date have indicated that there is a "mystery" sewage system inflow within
Shorewood. The MWCC has related this "alleged" increase in sewage system
flow with high water levels on Lake Minnetonka and increasing annual rainfall
levels. However, their studies have indicated that areas around the lake in
Shorewood are not experiencing high leakage into the system.
The City Council is not satisfied with the MWCC's explanation for these
charges and is challenging the increase. The Council is asking for a better
explanation of the reasons for the increase, and for a fairer method of
distributing the sewage treatment charges across the entire MWCC system. .
The city council is encouraging residents to likewise voice their displeasure
with the increase to the MWCC by writing or calling the MWCC officials. The
names, addresses and phone numbers of officials are listed below.
Your support and action at this time is crucial. Perhaps with your
assistance the City Council's efforts to avert these exorbitant charges will
be successful.
write or call to:
Mr. Louis R. Clark, Chair
Ms. Gloria Vierling, District Representative
Mr. Gordon Voss, Executive Director
Address:
Metropolitan Waste Control Commission
Mears Park Centre
230 East Fifth street
st. Paul, MN 55101-1633
Phone: 222-8423
CITY OF
SHOREWOOD
.
MAYOR
Barb Brancel
COUNCIL
Krist; Stover
Bob Gagne
Rob Daugherty
Daniel Lewis
5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236
I
i
MEMO TO: Mayor and City Council
FROM:
James C. Hurm, city Administrator.
DATE:
December 8, 1992
.
RE:
Agenda Item 13 E - 1 and 13 E - 2
../
Aqenda Item 13E-1
!<<'\'...
L '. .
~ i
''j
MSA rules now allow us to accept 25% of our total allotment as an
annual maintenance allotment. Prior to this we accepted 5%. The
advantage to the City is that an additional 20% of our allotment
can be now received and "banked. II We can earn interest off it
rather than waiting to be reimbursed following proj ect
expenditures. This needs to be authorized by council motion such
as. . .
"Move to Authorize that the city's MSA Maintenance
Allotment be Calculated at 25% of our total MSA Allotment
Annually."
.
Aqenda Item 13E-2
The enclosed resolution clearly identifies where the 25% of MSA
annual allocation is to go and how it can be spent.
JCH.al
A Residential Community on Lake Minnetonka's South Shore
IJE-
I q.. 2.
.
.
RESOLUTION NO. -92
A RESOLUTION ESTABLISHING A MUNICIPAL
STATE AID CONSTRUCTION FUND
WHEREAS, the City of Shorewood has notified the Commission of
Transportation that all maintenance allotments of the city's
Municipal state Aid (MSA) program funds shall be calculated at
twenty-five percent of the total annual program allotment; and
WHEREAS, the City utilizes five percent of said funds for
general program maintenance purposes; and
WHEREAS, the City Council wishes to establish an MSA
Construction Fund from which funds may be transferred to create
specific MSA construction fund accounts.
NOW, THEREFORE BE IT RESOLVED by the Shorewood city Council
that an MSA Construction Fund is hereby created into which twenty-
five percent of the City's MSA annual allocation shall be
deposited.
BE IT FURTHER RESOLVED that all monies deposited in said fund
shall be used on MSA designated streets only: five percent shall
be allocated to the General Fund for program maintenances purposes;
twenty percent shall be reserved for transfer to the proper MSA
construction fund upon the initiation of each specific project.
PASSED AND ADOPTED by the ci ty council of the ci ty of
Shorewood this 14th qay of December 1992.
Barbara J. Brancel, Mayor
ATTEST:
James C. Hurm, City Administrator
13[-1
CITY OF SHOREWOOD
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the city council of the city of
Shorewood will hold a public hearing in the Council Chambers of the
Shorewood City Hall, 5755 Country Club Road, Shorewood on Monday,
January 25, 1993 at 7: 30 pm or as soon thereafter as possible. The
purpose of the hearing is to consider an ordinance amending
Shorewood City Code Section 905 establishing a City stormwater
~ utility, rateS and charges.
written or oral comments by all persons desiring to be heard will
be considered at the hearing by the City Council.
Anyone having questions relative to this matter may contact James
C. Hurm, City Administrator/Clerk at 474-3236.
James C. Hurm
City Administrator/Clerk
City of Shorewood
"
.
Send by noon Friday, ~anuary 8, 1993 to:
Meridal (Sunesailor) please publish in the Wednesday, January 13,
1993 newspaper.
13E-3
DRAFT
ORDINANCE NO.
AN ORDINANCE RELATING TO THE REGULATION OF TRANSIENT MERCHANTS,
SOLICITORS, PEDDLERS AND CANVASSERS
Section 1. The City Council of the City of Shorewood hereby
creates Chapter 308 of the city Code of Ordinances and does ordain
as follows:
308.01 SCOPE AND PURPOSE. The City of Shorewood does establish
regulations and licensing requirements for any person whether a
resident of the City of Shorewood or not desiring to conduct
business that is not of a permanent nature. '
.
308.02 DEFINITIONS:
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 PEDDLER: Any person with no fixed place of business
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. 3 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. 4 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.
1
/3E ..~
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.
308.04 EXCLUSIONS
The City Clerk may determine that certain business activities that
may have characteristics similar to those regulated by this
Ordinance may be exempt from the requirements of this Ordinance.
Examples include:
.
1. A solicitor or canvasser doing business by appointment. A bona
fide appointment is one that is not merely obtained by going door-
to-door in conjunction with the taking of orders, offering for sale
or selling.
2. Solicitation 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, 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.
6. All vendors involved in community event the city Council deems
exempt.
7. Garage sales, rummage sales, and craft sales. '
308.05 NO FEE FOR CANVASSING - RELIGIOUS. POLITICAL. EDUCATIONAL
AND CHARITABLE ORGANIZATIONS
The fee imposed by this ordinance does not apply to any
organization, society, association or corporation if such
organization is registered with the Secretary of State pursuant to
the provisions of Minnesota Statutes Section 309.51-.52 if such
desires to solicit or have solicited in its name money, donations
of money or property or financial assistance of any kind, or
desiring to sell or distribute any item of literature or
merchandise for which a fee is charged or solicited from persons
other than members of such organizations upon the streets, in
2
office or business buildings, by house to house canvass or in
public places. To qualify for this exemption, the organization or
individual shall provide a sworn application in writing on a form
furnished by the City which shall include the following
information:
1. Name and purpose of the cause for which the license is sought.
2. Names and addresses of the officers and/or directors of the
organization.
3. The period during which the solicitation is to be conducted.
4. A complete list of those to do canvassing giving full name,
address and date of birth for review and permit approval by
the Police Department.
~ 308.06 LICENSE - APPLICATION
The application for the license provided in this section should be
made to the City Clerk by filing the annual license fee and by
completing an application form or forms as provided by said city
Clerk. In addition to such information as the city Clerk 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 the
local telephone numbers 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 credentials 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 place 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. A photograph of the applicant, taken within sixty (60) days
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.
3
8. 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.
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.
308.07 ISSUANCE OF LICENSE
There may be a seven-day waiting period between the application and
issuance of the license during which period the Clerk 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 Clerk when the foregoing investigation is completed or within
seven days of application, whichever is earlier.
.
The issuance of the license shall be denied if the applicant has
been convicted 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
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 time and shall be
payable at 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.
308.09 REVOCATION
Permits and licenses issued under the provisions of this Division
may be revoked by the City Clerk for any of the following causes:
4
(1) Fraud, misrepresentation, or false statement
contained in the application for license.
(2) Fraud, misrepresentation, or false statement
made in the course of carrying on his
business.
.
(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 Clerk the good order of the city requires such action..
308.10 APPEAL
Any person aggrieved by the action of the City, any person whose
license has been revoked without notice, or any person who is
interstate commerce may appeal to the City Council by filing,
within 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.
.
308.11 LICENSE RESTRICTIONS
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 his 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 officer to be duly licensed, to
produce his license and to enforce the provisions of this ordinance
against any person when in violation of the same.
5
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
Minn~sota shall be grounds for suspending or revoking a license
granted under this Chapter.
6. Door-to-door activities allowed under the prov1s1ons of this
ordinance shall be restricted to, hours between 9:00 am and sunset.
308.13 PEDDLERS. CANVASSERS AND SOLICITORS MAY BE PROHIBITED BY
PLACARD
.
1. any resident of the city who wishes to exclude peddlers or
solicitors 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 of a
duly issued license.
308. 13 REGULATIONS - TRANSIENT MERCHANTS
.
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.
2. Private Property - No transient merchant shall sell or offer
for sale any goods, wares, or merchandise within the City from a
stationary location on private property without first obtaining the
written consent of the property owner or occupant. The written
consent must accompany the license application.
3. Parkinq - No license shall be issued for sales from any
location which does not have sufficient parking for customers and
for areas where customer parking would interfere with normal
traffic flow. The Planning Director must determine that there be
adequate off-street parking to serve both the principal use of the
property and the transient merchant use of the property.
4. Safety - no transient merchant license shall be issued, and no
sales shall take place, if the proposed location for transient
merchant sales is within 150 feet of any intersection.
6
.
.
-~
5. Off-Street Parkinq - The space used by the transient merchant,
including off-street parking in connection therewith, shall not
exceed the space needed for the existing business at the site; and
in any case, the merchandise displayed shall not occupy more than
100 square feet.
6. Duration - No transient merchant license shall be issued for
more than 365 days during which sales shall be limited to thirty
days. At the time of the application for the transient merchant
license, the applicant shall state the times within the license
period to be used by the applicant.
7. Storage - No overnight storage of transient merchant equipment
or merchandise shall be permitted.
8". Siqnage - No signage shall violate city Code provisions
relating to size and number of business signs.
308.14 VIOLATIONS AND PENALITIES
Any person, either as principal or agent, who shall in any manner
engage in, transact any business as a canvasser, 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, punishable by a fine of
not more than $700 or by imprisonment for a period not to exceed 90
days, or both.
section 2. This Ordinance shall be in full force and effect from
and after its passage and publication.
ADOPTED BY THE
Minnesota, this
CITY COUNCIL
day of
of
the
city of Shorewood,
, 199_
Barbara J. Brancel, Mayor
ATTEST:
James C. Hurm, City Administrator
7
CK NO
CHECK APPROVAL LISTING FOR DECEMBER 14, 1992 COUNCIL MEETING
TO WHOM ISSUED
CHEKCS ISSUED SINCE DECEMBER 1. 1992
10435
10436
10437
10438
10439
10440
10441
10442
10443
10444
10445
10446
.0447
0448
10449
10450
10451
10452
10453
10454
10455
110456
110457
10458
10459
10460
10461
10462
.0463
'.0464
10465
10466
10467
10468
10469
10470
10471
10472
10473
10474
1.0475
1.0476
(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)
(L)
(L)
(L)
(L)
(L)
(L)
(L)
(L)
(L)
(L)
(G)
James Hurm
Anne Latter
Void
First State Bank
Commiss of Revenue
Pera
ICMA Retirement Trust
City cty Credit Union
Child Support Enforce.
Anoka cty Suppt/Collect.
Pera
Medcenters Health Plan
Medica Choice
Group Health Inc.
League of Mn cities
Mn Mutual Life
Commercial Life Ins. Co.
AFSCME Council 14
American Planning Assoc.
Wendy Davis
Ebert Construction
Cellular Telephone Co.
Minnegasco, Inc.
Susan Niccum
Bradley Nielsen
Northern States Power
Joseph Pazandak
Per a
US West Communications
widmer, Inc.
Bellboy Corporation
Day Distributing
Griggs, Cooper and Co.
Johnson Brothers Liquor
Mn Bar Supply
Mn Dept of Public Sfty
Harry Niemela
Ed Phillips and Sons
Quality Wine/Spirits
Ryan Properties, Inc.
Void
Joanne Fagen
PURPOSE
Sec 125 reimbursement
Appreciation party gifts
payroll deductions
Payroll deductions
Payroll deductions
Payroll deductions
Payroll deductions
Payroll deductions
payroll deductions
Employee addtl life ins
Dec health insurance
Dec health insurance
Dec health insurance
Dec dental insurance
Dec disability insurance
Dec life insurance
Dec dental insurance
zoning news renewal
Sec 125/mileage reimb.
Payment voucher #3 & final
Cellular phone air time
utilities
Sec 125 reimbursement
Sec 125 reimbursement
utilities
prot insp mileage
Payroll deductions
Telephone services
Payment voucher #4 & final
Liquor purchases
Beer and misc purchases
Liquor,wine,misc purchases
Liquor and wine purchases
Misc and supplies purch.
1993 Liquor license
Dec rent for store I
Liquor and wine purchases
Liquor and wine purchases
Dec rent for store II
Apprec party entertainment
TOTAL GENERAL
TOTAL LIQUOR
TOTAL CHECKS ISSUED
-1-
AMOUNT
436.70
125.00
5,935.85
995.60
1,964.38
616.28
965.00
87.50
110.59
42.00
909.50
4,058.50
1,070.28
403.00
85.50
49.63
224.00
45.00
98.03
5,220.00
76.80
1,433.97
114.96
140.00
423.18
73.13
35.00
1,131.00
2,027.60
3,977.13
8,396.62
7,112.58
3,174.58
165.45
20.00
1,664.00
1,387.89
3,238.63
2,400.00
50.00
28,947.98
31. 536.88
60,484.86
CITY OF SHORE WOOD
CHECK APPROVAl... l.. I ST I NG
FOR DEC 14, 1992 MEETING
CHECK~ VENDOR NAME
DESCRIPTION
------------------------
10478 AIRSIGNAl, INC.
BEEPER SERVICES
10479 ANCHOR PAPER COMPANY
COPIER PAPER
10480 ARMOR LOCK & ALARM SVCS
PFPA I R DOOR I... OCK
10481 ASPEN PUBLISHERS, INC.
1993 PUBLIC ADMIN ED
10482 JEFF REINHART DBA JANITORIAL SERVICES
JANITORIAL SERVICES
*** TOTAL FOR JEFF REINHART DBA
10483 BAKER ELECTRIC SHIELDS-Ol.JTSIDE LIGHTS
.484 BR01A1NING-FERR IS Tt~DUS.
SATELl.. ITE RENTAL.
10485 C.H CARPENTER LUMBER PW SET UP SUPPLIES
10486 CARMICHIEL AUTO PARTS TRAIl..FR TIRE
10487 CHANHASSEt'l-C I TY OF STORt1 v,IA TER UT I L. CHG
10488 CONTACT t10BH.E COMMUNIC. L. IGHHJ.HJ.G PROT DEVICE
10489 CUSTOM FRAME COUNCIL PIC FRAMING
DEPT.
AMOUNT
9.58
GEN GOVT
372.58
PRO,JECTS
45.00
COUNCIL.
108.63
MUN Bl..DG 236.00
CITY GAR 20.00
256.00
PROJECTS 333.52
PARKS &
43.01
PROJECTS
22 . 18
PUB WKS
10.00
PARKS 8..
21.42
PROJECTS
125.20
COUNCIL.
64.70
PROP CL.EANUP DUMPING FEE SANIT/WA
14.00
10490 DEM-CON LANDFIl..L, INC.
10491 HAROLD DIRCKS
.492 EOS ARCHITECTURE
NOV COUNCIL MTG TAPING
piAl S I TF Et....!G FEES
10493 FEED-RITE CONTROLS, INC. DEMURRAGE CHARGE
10494 GOPHER STATE ONE--CAL.L, IH ONE-CALL SERVICES
OHE-CAL.L SERVICES
*** TOTAL. FOR GOPHER STATE m~E-'CAL
10495 GOVERHt1ENT FINAt~CE OFFICE NEWSLETTER SUBSCRIPTION
10496 HENNEPIN COUNTY Tf~EASURER OCT PRISONER EXPENSE
10497 JERRY'S FRAME INC.
VEHICLE REPAIR
10498 KEN JARCHO INSURANCE L.IQUOR LIABIL.ITY INS
LIQUOR LIABIL.ITY INS
*** TOTAL FOR KEt~ aAf~CHO HJ.SURANCE
10499 KAR PRODUCTS
SHOP SUPPLIES
10500 Kt.J.UTSON SERVICES, INC.
NOV RECYCLING SERVICES
10501 LAND-DE-CON
PW SITE LANDSCAPING
-2-
COUNCIL
90.00
PROJECTS
924.86
v.IATER DE
30.00
WATER DE 17_50
SEWER DE 12.50
25_00
FINANCE 35.00
POLICE P 348.50
PUB WKS
250.50
-------- ].~843-00
-------- ?~487-00
4,330.00
CITY GAR
457.10
RECYCL!N
3,677.10
PROJECTS
6,688.00
CITY OF SHORE WOOD
CHECK APPROVAL LISTING
FOR DEC 14, 1992 MEETING
CHECK~ VENDOR NAME
DESCRIPTION
------------------------- ------------------------ -------- -----------
DEPT.
AMOUNT
10502 l.ARKIN, HOFFMAN, DALY...
*** TOT(~I...
OCT LEGAL FEFS-DEVELOP.
OCT LEGAL FEES-ON GOING
OCT LEGAL FEES-GENERAL
OCT LEGAL FEES-CHURCH RD
OCT LEGAL -Mv.JCC
FOR LARKIN, HOFFMAN, DAL
10503 I.. E AGUE OF MN C I TIES ~1UL T I PER I I.. INSURANCE
MULTI PERIL INSURANCE
MULTI PERIL INSURANCE
*** TOTAL FOR LEAGUE OF MN CITIES
.504 LOTUS DEVELOPMENT CORP
10505 H.C MAYER AND SONS, INC.
COMPUTER SOFTWARE
VEHICLE SUPPLIES
10506 METRO WASTE CONTROL. COMM. NOV SAC CHARGES
10507 MIDWEST BUSINESS PRODUCTS APPREC PARTY GIFTS
OFFICE SUPPLIES
*** TOTAL. FOR MIDWEST BUSINESS PRO
10508 MINNESOTA, STATE OF
1992 STATE STATUTES
-------- 72~OO
-------- 63_00
PROF SER 7,552.45
PROJECTS 879.00
SEWER DE 1,886.40
10,452.85
MUN BLDG 124.00
MUN RLOG 39,303.00
MUN BLDG 9,148.00
48,575.00
FINANCE
126.73
CITY GAR
237.22
SEWER DE 11,781.00
-------- ].43_63
GEN GOVT 274.50
418.13
~1UN BL DG
175.73
10509 MN SUN PUBL ICATIONS PURL ISHHJ.G GE~'J. GOVT 16.08
PUBL I SH I 1'-.!G -------- 34. 17
*** TOTAL FOR MN SUN PUBLICATIONS 50.25
...510 !,.Iit1. MUELLER & sm~s, INC.
~511 NAVARRE AMOCO
SAND FOR ICE CONTROL
TIRE REPAIR
SNOI,l) 8, I
847.51
PUR WKS
20.00
10512 NORTHERN COUNTIES SEC SVC PLANNH1G Cm1MISS MINUTES PLA~~NING
343.50
10513 NORWEST BANKS MN, N.A. PRINC-GO BOND 1/1/74
INTEREST-GO ROND 1/1/74
FEES-GO BOND 1/1/74
*** TOTAL FOR NORWEST BANKS MN, N.
.10514 ORR,SCHELFN,MAYFRON/ASSOC
*** TOTAL
-------- 30~OOO-OO
-------- ].~71.0-.00
-------- 200_00
31,910.00
OCT ENG FEES'-ON GOING ---.----....... 932.03
OCT ENG FEES-GENERAL -------- 8,769.70
OCT ENG FEES-Pi;.) SITE PROJECTS 2,648.63
OCT ENG FEES- CHURCH RD PROJECTS 739.73
OCT ENG FEES-OL.O MKT RD PROJECTS 5,034.61
OCT ENG FEES-LIFT STATNS SEWER DE 1 ,849. (..,6
OCT ENG FEES-WTR TRMT PI.. -------- 146.25
FOR ORR,SCHELEN,MAYERON/ 20,120.61
10515 PRECISIm..J COl1PUTFR SYSTEM PAYROLl... UPDATE
10516 RESEARCH QUIK
10517 SPRINGSTED
CONSULTING SERVICES
FINANCIAL SERVICES
-3-
F HJ.ANCE
37.28
PARKS &
37.50
IIJA TER OF
4,625.30
CITY OF SHOREWOOD
CHECK APPROVAL LISTING
FOR DEC 14, 1992 MEETING
CHECK~ VENDOR NAME DESCRIPTION DEPT. AMOUNT
-------- ------------------------- ---------------------~-- ------~- -----------
10518 STANDARD SPRING COMPANY
VEHICLE REPAIR
PUB v.JKS
186.37
10519 SO LK MTKA PUB SAFETY DEP OCT BOOKING FEE
POLICE P
47.88
10520 STAR TRIBUNE
PUBL ISH H-lG
GEN GOVT
40.00
10521 SIJBIJRRAN TIRE CO., INC.
ROAD GRADER TIRES
PUB vJKS
1,605.39
10522 TWIN CITY STAMP AND PRINT NAMEPLATE
COUNCIL
9.10
10523 UNITOG RENTAL SERVICES
UNIFORM SERVICES
CITY GAR
362.95
.524 VIK nlG INDUSTRIAL CENTER
10525 WIDMER, INC.
GAS METER REPAIR
SElMER DE
196.28
PAYMENT VOUCHER ~2
19,672.07
1.0526, v.JOODLAKE SANITATION LAt-1DF PROPERTY CL.EANUP DUMPING SAtHT liMA
74.43
*** TOTAL CHECKS FOR APPROVAL
1.70,,234..96
*** TOTAL CHECK APPROVAL LIST
234,719.82
.
-4-
CHECK APPROVAL LISTING FOR DECEMBER 14, 1992 COUNCIL MEETING
CK NO TO WHOM ISSUED HOURS AMOUNT
CHECK REGISTER FOR DECEMBER 2, 1992 PAYROLL
206825 Void
206826 (L) Scott Bartlett 24.0 reg hours 137.83
206827 (G) Barbara Brancel Mayor 187.10
206828 (G) Robert Daugherty Council 138.52
206829 (G) Charles Davis 80.0 reg hours 576.52
206830 (G) Wendy Davis 80.0 reg hours 21.54
206831 (L) Julie Dunn 18.5 reg hours 96.53
206832 (L) Cory Frederick 49.5 reg hours 264.43
206833 (L) John Fruth 17.5 reg hours 95.18
206834 (G) Robert Gagne Council 142.50
206835 (G) Patricia Helgesen 80.0 reg hours 722.96
206836 (G) James Hurm 80.0 reg hours 1,493.61
.6837 (L) Brian Jakel 33.25 reg hours 180.43
6838 (G) Dennis Johnson 80.0 reg hours 755.92
206839 (L) Loren Jones 18.0 reg hours 89.70
206840 (L) Martin Jones 14.0 reg hours 53.05
206841 (L) William Josephson 80.0 reg hours 629.07
206842 (L) Mark Karsten 35.25 reg hours 185.55
206843 (L) Sandra Klomps 13.25 reg hours 64.25
206844 (G) Anne Latter 80.0 reg hours 835.34
206845 (L) Susan Latterner 38.25 reg hours 205.46
206846 (G) Daniel Lewis Council 138.52
206847 (G) Joseph Lugowski 80.0 reg hours 740.68
206848 (L) Russell Marron 45.5 reg hours 198.82
206849 (G) Lawrence Niccum 80.0 reg hours 783.72
206850 (G) Susan Niccum 80.0 reg hours 695.27
206851 (G) Bradley Nielsen 80.0 reg hours 937.92
206852 (G) Joseph Pazandak 80.0 reg hours 1,006.82
206853 (G) Daniel Randall 82.0 reg hours 766.25
_6854 (L) Brian Roerick 21. 75 reg hours 114.12
06855 (G) Alan Rolek 80.0 reg hours 1,098.67
206856 (L) Brian Rosenberger 61.5 reg hours 299.97
206857 (L) Christopher Schmid 80.0 reg hours 410.47
206858 (G) Howard Stark 80.0 reg hours 659.33
206859 (G) Kristi Stover Council 138.52
206860 (G) Beverly Von Feldt 80.0 reg hours 563.30
206861 (G) Ralph Wehle 80.0 reg hours 615.65
206862 (L) Dean Young 80.0 reg hours 614.00
206863 (G) Donald Zdrazil 80.0 reg hours 1.153.42
TOTAL GENERAL 14,172.08
TOTAL LIQUOR 3.638.86
TOTAL PAYROLL
17.810.94
-5-
CITY OF SHOREWOOD
PLANNING COMMISSION MEETING
TUESDAY, NOVEMBER 24, 1992
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
7:00 P.M.
MINUTES
CALL TO ORDER
Chair Benson called the meeting to order at 7:00 p.m.
ROLL CALL
Present:
Chair Benson; Commissioners, Bean, Borkon, Hansen,
Leslie, Malam and Rosenberger (in 7:35 p.m.); Planner
Nielsen and Engineer Drese!. Administrator Hurm attended
a portion of the meeting.
APPROVAL OF MINUTES - None.
STUDY SESSION
1. REVIEW CAPITAL IMPROVEMENTS PROGRAM (C.I.P.)
Hurm commented briefly on the proposed City of Shorewood Capital Improvement
Program, consisting of a Capital Improvement Plan and a Finance Plan for the Years
1993-1997, dated November 1992. He reviewed the additions and updates made since
the Commissioner's previous review of the document. Nielsen indicated that after this
review, the Commission is requested to recommend its acceptance to the Council as part
of the City's Comprehensive Plan.
The Commissioners reviewed and discussed the Capital Improvement Programs
proposed for Water, Streets, Stormwater Management, Sanitary Sewer, Public Facilities
and Office Equipment, and Equipment. The Commission noted that the Park
Commission is responsible for review of the Parks section of the Program. Hurm,
Nielsen and Dresel provided additional information as requested during discussion and
answered the Commissioners' questions.
Bean moved, Rosenberger seconded to recommend to the Council that the
proposed Capital Improvement Program consisting of a Capital Improvement Plan
and Finance Plan for the years 1993-1997 be approved as presented as it appears
to be consistent with the City's Comprehensive Plan.
Motion passed 7/0.
2. COMPREHENSIVE PLAN: TRANSPORTATION PLAN (continued from October
27, 1992)
1
-'-
PLANNING COMMISSION MEETING
NOVEMBER 24, 1992 - PAGE 2
Nielsen indicated that the Policy Plan portion of the Transportation Plan will be available
for the Commission's December 1 meeting. He referred to the material provided to the
Commissioner's regarding the Municipal State Aid Road System including a summary
sheet containing a proposed State Aid Road System for Shorewood showing existing
and proposed street widths, estimated traffic volumes, existing and proposed roads on
the system, and whether or not right of way acquisition is anticipated.
Dresel described the Municipal State Aid System (MSA) set up by the legislature which
provides financial assistance, currently 20%, for repair, re-construction and/or
construction of the roadway system for cities that have a population of 5,000 or more.
Shorewood reached that level two years ago. Dresel reviewed the MSA designation and
eligibility rules. He reviewed Shorewood's roads currently under the System and the
suggested candidates for removal and/or addition. Using visuals, Dresel described
various roadway widths. Dresel pointed out that the majority of the City's roads are 20
years old and suggested that a systematic plan be developed to avoid having all the
roads deteriorate at the same time. He stated that Cities are allowed to designate which
streets are MSA as long as the System's criteria are followed.
The Commissioners discussed the staff's proposed changes and priorities to the City's
MSA designated roadway system. Dresel and Nielsen responded to questions from the
Commissioners.
Nielsen indicated that other issues to be addressed by the Commission in addition to
approving the MSA route plan include determining the design standards for non-MSA
streets and determining which City streets are sub-standard. These items will be
integrated into the Transportation Plan. He referred to the Attorney's memorandum
explaining that the City is exposing itself to certain liabilities by building City Streets less
in width than what the Uniform Fire Code requires. He reviewed the proposed policy
prepared by the City's Street Reconstruction Task Force.
3. MATTERS FROM THE FLOOR - None.
4. REPORTS - None.
5. ADJOURNMENT
Hansen moved, Borkon seconded to adjourn the meeting at 9:12 p.m.
Motion passed 7/0.
RESPECTFULLY SUBMITTED
Arlene H. Bergfalk
Recording Secretary
Northern Counties Secretarial Services
2
. .
. "
CITY OF SHOREWOOD
PLANNING COMMISSION MEETING
TUESDAY, DECEMBER 1, 1992
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
7:00 P.M.
MINUTES
CALL TO ORDER
Chair Benson called the meeting to order at 7:00 p.m.
ROLL CALL
Present:
Chair Benson; Commissioners Bean, Borkon, Leslie, Malam and
Rosenberger; Council Liaison Stover and Planner Nielsen. Administrator
Hurm attended a portion of the meeting.
Absent:
Commissioner Hansen.
APPROVAL OF MINUTES
Rosenberger moved, Borkon seconded to approve the minutes of the Commission's
meeting of November 17, 1992 with an addition on page 2, paragraph 3, 10th line:
City of Tonka Bay.; a correction on page 5: Laura Turgeon; and a correction on
page 14: Carey Lyons.
Motion passed 6/0.
Bean and Borkon reiterated their reasons for voting against the approval of re-zoning and
variances requested by the Upper Lake Minnetonka Yacht Club, Agenda Item 3, of the
November 17, 1992 Commission meeting. Bean stated that his concerns include the
apparent adverse impact on the neighborhood of widening the road and paving and
str~ping of the proposed parking lot area as well as the liability issues related to fire
codes regulating the road and the yacht club area. Borkon basically agreed with Bean's
concerns and stated further that it represents a "band-aid" solution and reflected "spot-
zoning" and that the matter should be considered in a broader context related to City
ordinances.
Leslie moved, Bean seconded to approve the minutes of the Commission's meeting
of November 24, 1992.
Motion passed 6/0.
1. 7:00 PUBLIC HEARING - C.U.P. FOR FILL IN EXCESS OF 100 CU. YDS.
Applicant:
Location:
Robert Balgard
26100 Smithtown Road
1
,~-,
PLANNING COMMISSION MEETING
DECEMBER 1, 1992 - PAGE 2
Nielsen reviewed the background to the request of Mr. Balgard for a conditional use
permit for fill in excess of 100 cubic yards on his property at 26100 Smithtown Road. Mr.
Balgard accepted fill from the Minnewashta School project not realizing that a previous
grading permit he had received from the City several years ago had expired. He has
received approximately 800 cubic yards to date and would like to place an additional
200-400 yards more to correct drainage problems around his house. The area is
somewhat sensitive in that there is a drainage pattern to the west of his property and a
drainage problem on the east side as well. After inspection of the site, the Engineer
recommends that the fill placed in the north east area of the garage and driveway must
be removed and graded and the previous drainage pattern must be restored to the
satisfaction of the Engineer. The grading in the area cannot have a slope exceeding 3:1
and the finished grading must be approved by the Engineer. In addition the disturbed
areas must be re-seeded next spring.
Robert Balgard stated he needs additional fill to put up against his house which is
located on a hill and this will not change the way the water is draining. When the house
was built, the basement was 2-3 feet higher than Smithtown Road because of the water
problems. Balgard circulated photographs of his home and garage site and described
placement of the fill.
Chair Benson opened and closed the Public Hearing at 7:20 p.m. there being no
comments from the public.
Leslie asked for clarification of drainage where the fill is being placed. Nielsen explained
that Balgard does not want to diminish the capacity of the adjacent low land and when
appropriate grading is completed, drainage will be consistent with its pattern.
Rosenberger asked for clarification regarding escrow covering the future re-seeding on
the property. Nielsen stated that requirement of escrow could be applied if the
Commission felt it necessary: Balgard stated that he has purchased the seeds for the
project.
Malam moved, Borkon seconded to recommend to the Council that it approve a
C.U.P. for fill in excess of 100 cubic yards for Robert Balgard, 26100 Smithtown
Road, subject to the Planner's recommendations.
Motion passed 6/0.
Bean moved, Rosenberger seconded to request the staff to draft an informal policy
to provide guidelines for consistent application of the escrow requirement under the
Ordinance.
Motion passed 6/0.
2
PLANNING COMMISSION MEETING
DECEMBER 1, 1992 - PAGE 3
2. C.U.P. FOR CONSTRUCTION OF A CHURCH IN A RESIDENTIAL DISTRICT
AND DEPOSIT OF FILL IN EXCESS OF 100 CU. YDS. (Tabled from November
17 meeting)
Applicant:
Location:
Minnewashta Church (Vanman Construction)
26715 West 62nd Street
Nielsen stated that as requested the Applicant has submitted a revised site plan including
location and design of trash dumpster and revised pond grading, a landscape plan
including fencing and signage, lighting plan and specifications, and garage elevations.
In addition, the Applicant has provided the City Engineer with a soil report, a revised
grading, drainage and erosion control plan and storm water run-off calculations. Nielsen
reported that the Engineer stated that the revised grading plan is consistent with his
discussion with the Applicant's engineer and in fact the site requires .22 feet of storage,
they are providing .9. The Engineer suggested that the depth of the pond be increased
if possible.
Nielsen reviewed the details of the revised information provided by the Applicant noting
that each item is in compliance with Code requirements and consistent with the design
and architecture of the buildings. Nielsen indicated that the Church is allowed one sign
and it will need to determine the contents of the sign and suggested that the signage be
removed from any approval at this time since signs require a separate licensing permit.
Nielsen stated that the staff recommends approval of this conditional use permit subject
to the following conditions: 1) approval of the grading, drainage and erosion control plan
by the Minnehaha Creek Watershed District, 2) construction limits and erosion control
barriers must be in place prior to any work starting, 3) specification of a direct route from
Highway 7 for trucks hauling fill material, 4) limit hours of hauling to between the hours
of 8 a.m. and 4 p.m. Mondays through Saturdays, 5) limit the duration of hauling to 2-3
weeks, 6) applicant is responsible for cleaning the street during construction.
Bean asked for clarification of the landscaping plan regarding the reemoval of the berm
on the site. Nielsen indicated that Hennepin County approval of the grading plan should
be included as a condition for approval of the C.U.P.
Malam asked for clarification of the expected time frame for completion of the
surcharging process. Nielsen indicated the Applicant could request extensions to the
permit if necessary.
Chair Benson re-opened the public hearing at 7:40 p.m.
Harvey , stated: In regard to the signage, if consistent with the Ordinances, the
church would like to have a message board and another larger sign that identifies the
church by name.
Benson closed the public hearing at 7:45 p.m.
3
",
PLANNING COMMISSION MEETING
DECEMBER 1, 1992 - PAGE 4
Nielsen stated that the Code allows for only one sign and recommended incorporating
the desired signage into one sign.
Leslie asked for clarification on the fencing as it relates to safety around the construction
site. Nielsen stated that the required fencing will provide construction limits, some
degree of safety and erosion control.
Leslie encouraged the Applicant to advise the neighborhood of the plans including those
for truck hauling and clean-up of the streets.
The Commissioners discussed their concerns regarding the rather unsightly appearance
of the pile of dirt required for the surcharging process and of potential dust problems
caused by drying of the dirt. Nielsen suggested that if dust accumulation becomes a
problem the applicant be prepared to alleviate the condition.
Leslie moved, Borkon seconded to recommend to the Council that it approve 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, Vanman Construction, 26715
West 62nd Street, subject to the staff recommendations including requiring
Hennepin County approval of the landscaping/grading plan and that if surcharge is
not removed by May 1, rye grass be planted on the site.
Motion passed 6/0.
3. 7:15 PUBLIC HEARING - LOT WIDTH VARIANCE
Benson moved, Malam seconded to continue, due to a publication error, to January
5, 1993, the Public Hearing for a Lot Width Variance requested by Lance DeTrude,
26620 West 62nd Street.
Motion passed 6/0.
4. 7:30 PUBLIC HEARING - AMENDMENT TO SECTION 1201.03 SUBD. 20
(ELDERLY HOUSING) OF THE SHOREWOOD CITY CODE PROVIDING FOR
MEDICAL CARETAKERS UNDER AGE 62
Nielsen reviewed the current Ordinance restrictions for elderly housing which limits
residency to two adults 62 years of ago or older or two adults no younger than 55 years
of age wherein the project itself provides services exclusive to the elderly age group.
During consideration of a proposed elderly housing development, the Commissioners
noted that the Ordinance does not allow for live-in medical assistants younger than 62
years of age or 55 where exclusive services are provided. It was generally agreed that
this type of provision would be desirable yet not be excessively complicated.
Nielsen read the proposed amendment: "Exception. The occupancy limitations stated
above shall not apply to one (1) adult live-in care-provider serving the needs of the
4
PLANNING COMMISSION MEETING
DECEMBER 1, 1992 - PAGE 5
primary occupant(s), provided that if such care-provider resides on the premises for more
than thirty (30) days, notice must be given to the Zoning Administrator." If approved this
would be in effect upon publication. Nielsen stated that in terms of enforcement, this
amendment provides a complaint basis for any resident of a development who feels an
abuse of the regulations exists. .
Chair Benson opened and closed the public hearing at 7:55 p.m. there being no
comments from the public.
In response to Leslie's question, Nielsen noted that the Senior Housing Task Force is
concerned with this deficiency in the existing Code and would likely generally accept the
proposed amendment.
Borkon questioned the 3D-day notification requirement and expressed concern regarding
over regulation for elderly residents. Benson stated that this amendment will support and
strengthen the covenants of the housing developments covenants and provides for a
complaint process for the residents if abuses are evident. Rosenberger and Bean asked
for clarification of the enforcement process. Nielsen stated that the covenants of the
association generally would apply and provide for legal remedies and the Code also
provides for penalties for violations.
Borkon moved, Rosenberger seconded to recommend to the Council that it approve
an amendment to Section 1201.03 Subd. 20 of the Shorewood City Code relating to
Zoning Regulations, providing for a live-in care-provider in elderly housing.
Motion passed 6/0.
5. MATTERS FROM THE FLOOR
Ms. Dancer, 5840 Christmas Lake Road, presented information to the Commission
related to subdivision of her property. Nielsen outlined the procedure and the necessary
information required for consideration of her request. Benson agreed to assist Ms.
Dancer in preparing an appropriate application for consideration by the Planning
Commission.
6. REPORTS
Benson noted that he will respond to a letter received from a resident regarding the
Gideons Woods application. Rosenberger noted that he has spoken to the individual
also.
The Commissioners discussed its general procedures for public hearings and its timing
of action on controversial issues.
Borkon brought the Commission's attention to the need to require a permit for a
recreational fire.
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PLANNING COMMISSION MEETING
DECEMBER 1, 1992 - PAGE 6
Borkon moved, Rosenberger seconded to request the staff to review the issue of
requiring a permit for a recreational fire including the definition of a recreational fire.
Motion passed 6/0.
Borkon asked for clarification regarding temporary and permanent signage restrictions
on residential front lawns and asked what the City's plans are for underground utility
lines. Hurm suggested that plans for burying utility lines would be appropriate for
inclusion in the Comprehensive Plan.
In response to Rosenberger's question, Nielsen indicated the staff will review the
practicality of a commercial maintenance code.
Stover reviewed the actions of the Council at its November 30, 1992 meeting.
RECOMMENDED APPOINTMENTS - CHAIR AND VICE CHAIR/COUNCIL LIAISON -
1993
Borkon moved, Malam seconded to appoint Kirk Rosenberger to the position of
Chair of the Planning Commission.
Motion passed 6/0.
Malam moved, Rosenberger seconded to appoint Deborah Borkon to the position
of Vice Chair of the Planning Commission.
Motion passed 6/0.
Leslie moved, Borkon seconded to appoint Douglas Malam to the position of
reporting Liaison to the Council.
Motion passed 6/0.
7. ADJOURNMENT
Leslie moved, Bean seconded to adjourn the meeting at 9:00 p.m.
Motion passed 6/0.
RESPECTFULLY SUBMITTED
Arlene H. Bergfalk
Recording Secretary
Northern Counties Secretarial Services
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CITY OF SHOREWOOO
PLANNING COMMISSION MEETING
TUESDAY, NOVEMBER 17, 1992
COUNCil CHAMBERS
5755 COUNTRY Clue ROAO
7:00 P.M.
.)0
MINUTES
\) \\~f'
CALL TO ORDER
Chair Benson called the meeting to order at 7:00 p.m.
ROLL CALL
Present:
Chair Benson; Commissioners Bean, Borkon, Hansen, Leslie, Malam and
Rosenberger; Council Liaison Stover; Planner Nielsen.
APPROVAL OF MINUTES
Borkon moved, leslle seconded to approve the minutes of the Commission's
October 27, 1992 meeting.
Motion passed 7/0.
1. 7:00 PUBLIC HEARING - CONDITIONAL USE PERMIT - GIDEON'S WOODS
P.U.D. .
AQQlicant: Katter Development Corporation
Location: 24590 Glen Road
Nielsen reviewed the applicant's request for a conditional use permit for a proposed 18
unit, twin home (S two family dwellingS) development called Gideon's Woods. The
project is proposed for the 4.5 acre site located at 24590 Glen Road. Since the homes
are clustered on a private road system, the developer has requested a conditional use
permit for a planned unit development. The property is zoned R-C,
Residential/Commercial and is occupied by a single-family residence which has been
used as office space since the early 1980s. Nielsen described the layout of the property
stating that the road comes in from Glen Road with a 60' diameter turnaround in the
center and a second driveway located on the north side of the site. The floor plan of a
typicall.Jnit has 1395 square feet on the main level plus a walkout lower level and a two-
car garage.
Nielsen stated there are a number of issues to be addressed as part of this request.
Katter Development Corporation has requested concept and development stage approval
for the P.U.O. Nielsen reviewed the three stages of approval: concept, development and
final. He recommended that approval be limited to concept approval only since
additional information must be submitted and a number of issues need to be resolved.
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PLANNING COMMISSION MEETING
NOVEMBeR 17, 1992 - PAGE 2
Nielsen reviewed the proposed P.U.D. noting that it is consistent with Shorewood's
compreh~nSive Plan which recommends town houses for the subject area at a density
of 3-6 unIts per 40,000 square feet of area. Gideon's Wood is at the low end of that
range with 3.5 units per 40,000 square feet.
With respect to zoning, Nielsen pointed out that the developer's plans submitted to date
are insufficient for Qevelopment stage approval. Additional information is needed on
landscaping and dr,it"age. Nielsen stated that two-family dwellings are permitted uses
in the R-C district/ He indicated that some confusion about the zoning arose at a
neighborhood meeting held by the developer. The property was re-zoned from multiple
family R-4 in 1980 and at that time the City Attorney stated that once the re-zoning was
established it would remain and that only conditional uses would be brought before the
City for review. Nielsen indicated that an existing billboard in the north east corner of the
site is a nonconforming use of the property and must be removed. The proposed
buildings comply with setback requirements at the periphery of the site. Nielsen stated,
however, there does not appear to be adequate room within the unit lots to
accommodate decks, patios and screen porches. He recommended that the unit lots
be platted 10 feet deeper so that these features do not encroach into the common area
and this would also allow for adequate parking in front of the garages. Nielsen indicated
this can be accomplished while still maintaining a 40 foot set-back along the westerly
boundary of the site. Separation between buildings complies with the Zoning Code.
Gradingl draining and utilities have been addressed by the City Engineer (Joel Dresel's
letter dated November 13, 1892). Nielsen stated that the developer's grading plan
proposes significant site alteration which results in the removal of many trees from the
property. Consideration should be given to reducing the amount of grading partiCl,llarly
in the northwest corner of the site by possibly changing the building types on units 5-8
from walkouts to full basements. Handling of site. drainage is a critical issue to area
residents. Most of the drainage is conducted to a ponding area to be constructed in the
northeast corner of the site. From there drainage is piped to the Hennepin County right-
of-way trail and ultimately taken west to a wetland area and then north to Tonka Bay.
Detailed stormwater runoff calculations are necessary to ensure that the pond is
adequately sized. Other drainage on the property runs to a ditch along Glen Road and
ultimately to a wetland area. Nielsen stated that the developer has asked that City water
be extended to his property. Currently, water from Shorewood is not available to the
property. Nielsen indicated that the City Engineer needs to prepare a feasibility report for
extension of water to the property; the developer should be required to escrow the
estimated cost of the study in the event the project is not done, and an assessment
process must be completed for the properties on the west side of County Road 19
between Smithtown Road and Glen Road. Nielsen indicated that the feasibility report will
address the possibility connection of water for the property by Tanka Bay rather than
Shorewood. Nielsen stated that since the road is proposed to be privately owned and
maintained, it is suggested that the utilities within the project also be privately owned and
maintained.
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PLANNING COMMISSION MEETING
NOVEMBER 17, 1992. PAGE 3
Nielsen stated the developer has not submitted a landscape plan for the property. Given
the amount of site alteration shown on the developer's grading plan, it is recommended
that a detailed tree inventory be prepared to be used in determining which trees can be
preserved. The landscape plan should concentrate on providing an effective buffer
between the proposed development and the existing development to the west and from
County Road 19.
Parking and circulation, according to Nielsen, needs further consideration. The project
Is served by a private road. The fire marshall has been asked to review the circulation
pattern to ensure that adequate space exists for emergency vehicles to maneuver.
Although a 60 foot diameter turn-around is provided in the center of the project,
circulation at the north end of the project is considered tight. It appears that cars cannot
back out of units 7 and 8 without backing into the driveways of units 9 and 10 and vice
versa. It is suggested that these buildings be separated as far as setbacks will allow to
create additional space in a common area for cars to back out. It is further suggested
that the additional space be used to create a pedestrian walkway for residents of the
development to access the trail system on the north side of the property. Parking spaces
should be provided in front of each garage.
Nielsen stated that local sanitary sewer access charges of $1,000 per unit and $750 per
unit for park dedication fees will be assessed to the developer.
Nielsen stated that based on analysis, it is recommended that approval be limited to the
concept plan subject to the satisfactory resolution of the issues presented.
. Fred Katter, Katter Development Corporation, introduced his partners Tom Katter, Bruce
Newton, and Frank Reis, Architect. Kaner reviewed his corporation's experience in
developing properties throughout 15-20 states over a 20 year period. Their objectives
are to work with the neighborhoods in a manner consistent with ordinances and to
ultimately improve the community's infrastructure as part of a development project. In
developing the subject site, the proposed plan for the wooded parcel is to retain 73%
percent of the green space. Their intent is to preserve the woods as much as possible
and keep the largest trees, those 9" in diameter and 6' tall including maples, ash and
oaks. Katter commended the staff report noting that the suggestions contained in the
report enhance the project and he supported those recommendations. Katter responded
to the issues raised in the staff report. He indicated that the billboard on the property
will be removed at the end of its 3-year lease. Katter endorsed the concept of a 1 0 foot
extension at the rear of each lot and the minimum 40 foot setback. With respect to the
grading on the westerly border of the area, Katter indicated that no grading is pr?posed
in a 15' x 200' area and the market will be allowed to determine the type of unIt to be
built there. If walk out units are built there, a retaining wall will be constructed no closer
than 40 feet from the site boundary to reduce the area to be graded so that a larger
undisturbed area can be preserved. Karter stated that the Corporation is not fully
qualified to address the question of the storm water storage within the site. A preliminary
review of the calculations indicated that it is necessary to double the size of the pond to
2100 square feet in area, 30' x 70'. To the degree it is beneficial to the neighborhood,
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PLANNING COMMISSION MEETING
NOVEMBER 17, 1992. PAGE 4
the Corporation will cooperate and work with the City to determine how much storm
water should be stored and then develop the pond to meet that need. Katter indicated
he would like to have a pipe extended from the pond to the east side of County Road
19. The association will maintain the pond. Katter described his experience with
managing similar ponds in other developments. Katter requested the extension of water
to the sit~ on the westerly side. With Shorewood's permission, Katter indicated that the
City of Tanka Bay will be asked to extend water to the site as an alternative from the east
side of County Road 19. In the long range, Katter indicated it would be beneficial to
bring water from Tonka Bay into the area as an additional alternative for water for fire
protection and he would be willing to create that connection for a future loop into the
area. Katter proposed a private road and private utilities for the development, however,
he indicated that the association will contract with the City for the maintenance of the
utilities. The association would be fully responsible for any repairs. With respect to the
survey of trees, Katter stated he would ask for the City's guidance in determining a
IIgood" tree. Planting would be dedicated to the front of the units and to the west for
protection of the privacy of the neighborhood. Landscaping plans will be available in the
next 2-3 weeks. With respect to parking and circulation, Katter proposes to create a turn-
around as a solution rather than taking out more of the trees to further separate the
buildings. A pathway between the buildings of wood chips to discourage bicycles will
be constructed to the trail. School children could still cut through using the path to the
bus stop. Katter discussed the traffic study conducted to determine projected additional
traffic that may result from this development. In general, Katter stated that it does not
appear that a significant change in traffic or deterioration of safety in the neighborhood
will result from this development.
Chair Benson opened the Public Hearing at 7:45 p.m.
George Harrison, 24710 Amlee Road: My property abuts this project. Mr. Harrison read
the contents of plaques regarding the history of the subject property and pointed out that
it is considered a historical site. Harrison asked that the City look at this project with
great care to save this piece of history for the children and the community. I believe that
construction of this high density project on this small piece of property is not appropriate
for the City of Shorewood. On Katter's drawing my backyard is labeled a wetland. Part
of my property is low ground and there have been times it has not been flooded during
dry seasons and also has been flooded during times like the super-storm and other
previous times. The wetland did not always handle the run-off, but it is a nice area for
ducks and should be kept pretty much the way it is. It is an infiltration system for the
lake and lets water run off the entire property. You have to go into the property to see
what the current drainage is. There is a basic ridge running about where they have the
proposed driveway and just about everything slopes down to my backyard and to the
swamp and other residents' backyards. These are not the fjn~1 plans of the pro~ect.
Changing the units as sold, the units will get larger and larger With decks, et~. I beheve
it will go over 30% of green space that is mandated within 1000 feet of Lake Mlnnetonka.
To handle all the runoff from these bI.Ji1dings during storms it wjll be necessary to
excavate a very large part of the property to contain the water. The hard-cover surface
does not include sod and we all know during a rain storm sod does not hold water.
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PLANNING COMMISSION MEETING
NOVEMBER 17, 1992. PAGc.5
There is more of a water problem than is being disclosed. I feel the density is way too
high and he is taking advantage of the community at this point. .1 have had problems
with flooding and don't want to have more problems just because someone wants to
make money. I don't think this development is appropriate for this property.
Lou , 24670 Amlee Road: There is an environmental assessment work sheet that
neecs to be filed for this project. This opens it up to the public and the Historical
Society. How much of this information will be used to base your decision on this
development? Are Corp permits required in connection with the wetlands? I know it is
zoned for the development. During the neighborhood meeting, the developer made the
comment that he would economically discriminate in this development and have it for
people 55 years and older. Is the developer going to do this and if so is he going to
follow the Minnesota statvtes for this. If developed that way, it is an inappropriate
structure for the area as we don't have many people 55 years and older. We have young
children and families. I don't believe it's a well-mixed project. I wouldn't want anybody
backing into my driveway every day. Don't know how he can say they will not mind.
How much will the association be able to rule what's going on in this project? Answers
to these questions would be appreciated.
Nielsen stated that this project does not meet the thresholds for a mandatory EAW. The
developer has submitted a proposed environmental assessment work sheet, but the
number of units proposed does not warrant an EAW. There is a process whereby if 25
people petition for it, the City can be requested to require such a work sheet.
Katter stated that in light of the historical aspect of the property, an EAW was prepared
and presented to the City. It is the intent of the developer to preserve the Wealthy Apple
plaque. Appropriate notification has been made to the Minnesota Historical Society,
however, there is no official approval requirement by the State. Plans are to move the
plaque to the entrance to the development and enhanced by a stone monument. With
respect to the home on the site, it is intended to either move or demolish it. Katter stated
that the possibility of purchasing property nearby for the purpose of moving the house
has been pursued, however, detailed negotiations have not been completed. Katter
stated that the home will be used as a marketing and sales office by the developer.
Katter stated that the marketing program will focus on individuals 55 years and older,
however, there will not be any discrimination of potential occupants of the twin homes.
However, the practice of economic discrimination will be used to assl.Jre that the
residents are qualified individuals. Katter reviewed the intentions to over.size the pond
to alleviate and contain any potential flooding problems in the neighborhood.
Nielsen stated that the State Historical Society has been contacted with regard to the
significance of the property being on the national register and he will ascertain ~hether
the property's historical significance requires an EAW. He noted that a deSignated
wetland is not located on this property.
Sandy . 24645 Glen Road: We are talking about 18 units, that's 40 people going
in and out. We have the apartment complex, I've had a prowler in my woods, a person
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PLANNING COMMISSION MEETING
NOVEMBER 17, 1992. PAGe 6
stalking me. Who knows who is moving into the 18 units right across the street from my
house. When I pull out of my driveway, I don't want to see 18 houses, I don't want to
wait to get on to 19. I don't want 18 people living there or 40 or 50. I think you should
take a look at what the neighbors think not just the developer. We moved here for the
privacy and the character of the marker and the neighborhood and to get away from
people.
Robert Gagne, 24850 Amlee Road: A survey conducted by the City indicates a need for
600 senior housing units of different types such as care facilitie$ to single family housing
in the 5-city area. We would like to see some of this in our area and neighborhoods.
With regard to water and drainage the system needs to be looked at. This is in the City's
plan for 199a-94. Things change and the City moves on, I endorse the project.
Dave O'Fallon???, 24n5 Glen Road: I would like to emphasize the water situation. I
would argue that past Planning Commissions and Councils have tailed to deal with the
problem. I have dealt with them for 15 years. It is inconceivable to put another pond
in another development without a Comprehensive Plan. I want a plan for the area. My
land is under some attachment for future use, I want it resolved. Don't know if a plan i$
coming. The other issue is 18 neighbors living on 1/4 acre lots or less. This is not
consistent with what we want our neighborhood to be. If it'$ consistent with the zoning,
then okay, but if it is not I have some questions about that as it is a E:onditional use.
Water issue is a fundamental problem and this will compound the problem, There must
be a plan.
Nielsen reviewed the City's Capital Improvement plan scheduled for 1995 in the Glen
Road area. He noted that he was not completely aware of the prOblems described by
Mr. Harrison, but noted that the City's intent i$ not to compound the problem but where
possible try to mitigate the problems,
Chair Benson closed the Public Hearing at 8:15 p.m.
Benson commented on the City's Comprehensive Plan addressing storm water issues.
Borkon asked whether the water problem is separate from consideration of this
development. Nielsen indicated the water problem is up-stream from the development
and the City's plan addresses that area. He noted that over-sizing of the pond in this
development will alleviate some of that problem. Borkon questioned the property's
status relative to the historical registry, Nielsen indicated that a response to the City's
inquiry to the State has not been received but available information places no restrictions
on this development based on its historical classification. Borkon asked for further
information on the requested drain pipe out of the pond on the property. Nielsen stated
that the City has no plans at this time to accomplish that. From the Watershed District's
point of view, Nielsen indicated they would like the water to take as long as possible to
reach Lake Minnetonka. Borkon asked what problems arise if ponds are not maintained
properly. Nielsen indicated under brush and sediment would affect the flow and capacity
of the pond. Nielsen reviewed the recommended landscaping in response to Barkan's
question for. clarification. Borkon asked for the City's response to the traffic study
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PLANNING COMMISSION MEETING
NOVEMBER 17, 1992. PAGE 7
described by Katter. Nielsen stated it has been referred to the City Engineer for review.
Borkon expressed concern regarding the space problems surrounding Units 7-12 on the
proposed plan. Leslie indicated it appears there is space for expansion for exit and
entry. Leslie asked for clarification regarding tf:1e supplying of water to development.
Katter stated that City water is not currently available to the development and he would
like to see the City deliver water to the site. The developer would be willing to pay more
than the assessment to accelerate the City's plan to do so, but absent that water, the
developer will petition Tonka Bay to bring water to the site. The private well on the
property will be used for lawn watering if possible or it will be capped. Katter explained
the need for the availability of water from both sides of the site for fire protection
purposes. Leslie commented on the assessment costs of the other properties if
Shorewood were to extend water to the site and asked whether they would have a
choice. Katter indicated those properties would pay a lesser assessment because of the
developer's incentive payment for that extension. Stover noted that if 51% of property
owners petition for water, the City must provide it, and that commercial property owners
can be required to hook up to City water under current policy.
Leslie expressed concern regarding the parking and circulation within the development.
Nielsen described the suggestions to alleviate some of the problems which Incluoe the
developer's plan for a turn-around. Bean asked for clarification of how much green
space will be removed for the turn-around. Katter described the turn-around which
would take an additional 200 square feet of green space. Nielsen stated that information
from the City Engineer and Fire Marshall is needed regarding this part of the plan.
Rosenberger asked whether litigation affected this plan and whether the storm water plan
has been approved by the Watershed District. Nielsen stateo he WEl$ not ~w~re of any
litigation and that the plan would be subject to the District's review and approval. He
described the process whereby water would be extended to the site. Rosenberger asked
for clarification of the developer's marketing plan. Nielsen stated that this proposal was
not presented as a senior housing development. In response to Rosenberger's question,
Nielsen described the effect of concept stage approval and pointed out that $uch
approval assures the developer that if all issues are adequately addressed, the 18 unit
development is approved. Nielsen described the development and final stage approval
processes.
Nielsen responded to Malam's request for clarification of the removal of the billboard and
on the zoning of the property. In response to 6ean's request, Nielsen described the
zoning process. Hansen requested clarification of the historical status of the property
as it relates to concept stage approval of the development. Nielsen stated that issue
would need to be resolved and could be attached as a condition for approval. Hansen
indicated some documentation from the State $hould be required along with a
description of the regulations and the developer's response and procedure with regard
to the historical aspect of the site. It was suggested that the City Attorney review and
verify the historical status of the property.
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PLANNING COMMISSION MEETING
NOVEMBeR 17, 1992 - PAGE 8
Bean asked for clarification of the contract between the City and the association
regarding maintenance of utilities and suggested that It the association is unable to
comply with the contract, the development would be assessed for the costs. Bean asked
about right-af-way issues regarding County Road 19.
Hansen moved, Leslie seconded to recommend to the City Council that It approve
the concept plan request for a Conditional Use Permit for KatterOevelopment
Corporation, Gideon's Woods, 24590 Glen Road, subject to the Planner's
recommendations including a tree inventory and landscape plan; specific drainage
plans with pond measurements and drainage details; approval of the fire marshall
with regard to access to the area, turn-around and internal roadways; a water
resource plan Including payment of the cost of the related feasibility $tl,Jdy; a
completed grading plan; and subject to the review and approval by the City Attorney
of appropriate clearance from the historical society.
Borkon stated that since the zoning of the property permits this type of development, the
developer shoulo be encoura.ged to work with the neighborhood to provide for mutual
benefits.
Motion passed 7/0.
The meeting at recessed at 9:10 p.m. and re-convened at 9:15 p.m.
2. 7:30 PUBLIC HEARING - AMENDMENT TO THE L-R. LAKESHORE-
RECREATIONAL DISTRICT REQUIREMENTS OF THE SHOREWOOD CITY
~
Nielsen stated that in September, the Planning Commission reviewed a request from the
Upper Lake Minnetonka Yacht Club for re-zoning from R-' C plus shoreland to L-R
District. They also requested variances for setbacks and proposed to build a club house
facility on the property. At the last discussion, the club attempted to minimize the
number of variances requested to the extent possible. Staff suggested that the matter
of the number of slips not be addressed as a variance but as an amendment to the
ordinance. The Planning Commission directed the staff to prepare an ordinance to that
effect. Nielsen stated that the proposed ordinance reduces the ratio of slips for sailing
yacht clubs to one slip per 1900 square feet of lot area of the site and for all other
facilities the current limitation of one slip per 2500 square feet of lot area of the site
would remain. Nielsen noted that the other matters were tabled pending review of this.
The yacht club has submitted information relative to the amendment which describes out
how sailing yacht clubs differ from other multiple dock facilities.
Chair Benson opened the pUblic hearing at 9:18 p.m.
Bob Hegstrom, 27820 Island View Road: I am a member of the ULMYC building
committee. We appreciate the time spent on this. I think the ordinance and the letter
we sent truly addresses the issues of how a yacht club is different from a commercial
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PLANNING COMMISSION MEETING
NOVEMBeR 17) 1992 - PAGE 9
marina. An important issue not addressed here is that the yacht club is available to all
the citizens not only for those living on the lake thus making it necessary to have as
many slips as possible for the benefit of the surrounding communities. This proposed
amendment would be less dense for the area than our existing conditional I,Jse permit.
We appreciate your consideration.
Jan Haugen, 4780 Lakeway Terrace: This issue came up twice during the 16 years I
served on Council. The first time this came before the City. Steve Fraser was the mayor.
People were upset because the yacht club wanted to build a facility. I will be generous
with my assessment with what may have occurred between then and now and say that
Mr. Nelson either forgot his promise to the Council or did not apprise the members of
his promise. There was a discussion of the number of slips and at that time the COl,Jncil
compromised and allowed them to have more slips than allowed before with the
understanding that they would never return to ask for more slips or ask for a club house.
This was sometime between 1975 and 1977. The next time in the late '60S1 they were
reminded of their promise of not returning to the Council. Twice the Councils have felt
it was not appropriate to put a facility in. Originally there were no buoys or docking on
the lake shore and we thought we had been generous in compromising the number of
slips given the amount of land. We thought it was being used properly for the Lake
Minnetonka area residents. Two Councils in their wisdom decided not to allow a facility
to be built. I strongly advise you to reject this change from the ordinance and strongly
advise no re-zoning and no allowance for a facility on that land. I personally think, along
with a lot of people in Shorewood, this is not appropriate use of the land.
Martin Brady, : I recently purchased property on Enchanted Point for building
a house. I was told by your Planner of the fire marshall's opinion for protection of a
structure that might be built there. According to the information, the road would have
to be widened to accommodate fire equipment. If the road is paved and widened, I
would like to be assured that I won't have to pay for the cost of doing this. I don't
believe it is proper for the yacht club to cal,Jse the removal of all my trees to get a fire
truck in there. These are legitimate points for you to consider in whatever decision you
make.
Robert Rascop, 4560 Enchanted Point: The ordinance was written primarily to fulfill some
obligations related to the comprehensive plan addressing lake access on Lake
Minnetonka. Shorewood has no lake access. This ordinance was drafted to fulfil some
of those criticisms of the City to permit people to have access to the lake. It was written
in such a manner to be basically impossible for the yacht club to expand or have a
building, Restrictions were written to not allow the Cll,Jb to expand. Howards Point
people assisted in the ordinance. We did not have a definition of a yacht club. ~~d we
lost a law suit related to this. The ordinance allowed Shorewood to put the definition of
a yacht club in the Code. I speak against changing the ordinance because it was written
for specifiC reasons to not allow the club to expand.
Jim Kehoe??, 4569 Enchanted Point Road: This is a residential area. We are not trying
to get rid of the yacht club and want them to operate as they have for the past 20 years.
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PLANNING COMMISSION MEETING
NOVI;ME3cR 17, 1992 - PAGE 10
The problem is trying to change the zoning. No hardship has been proven to allow the
variances: I think this is a ~oum,1-about way.to get a building there and It does not get rid
of the variances. I apprecIate the opportunity to comment and want you to consider that
this a residential area. We don't want it re-zone to L-R which makes it commercial.
Dee McMasters, 4530 Enchanted Point Road: I would like clarification; is it true that if
this re-zoning were to pass does this mean it would remain and It would not be
conditional just on this, but they could sell it as a re-zoned commercial property.
Nielsen stated that once it's zoned, the zoning carries with the property even though the
ownership may change. Zoning does, however, carry a licensing requirement and any
restrictions placed on it.
Chair Benson closed the Public Hearing at 9:35 p.m.
Hansen stated that this ordinance is drafted for a specific interest. He expressed
concern about the otl1er two sites that could be affeCted by this ordinance. Hansen
indicated that if the zoning ordinance is changed, various interpretations could result.
Leslie stated that there are many restrictions in the L-R zoning that Howard's Point and
Shorewood could not possibly comply with. Hansen indicated the change in the
ordinance deals only with the slips ratio. Bean indicated there are two distinctions, a
commercial marina and a sailing club. Hansen stated that perhaps the L-R zoning has
been written incorrectly if the object was to bring all the sites into conformity. Hansen
expressed concern that the ordinance has been expressly written to accommodate one
club and does not affect the other clubs. Borkon agreed with Hansen's concerns and
asked for clarification on the implications and impact of the proposed ordinance to
eliminate a variance. Nielsen noted that the Planning Commission recognized the need
for making a distinction between a sailing yacht club and a marina. Hansen expressed
additional concern about the future need to make similar accommodations for the other
clubs. Benson indicated that historically there has been no limitations on what private
clubs in residential districts can do, Commission members discussed how each of the
clubs mayor may not comply with the restrictions under the L-R district.
Bean reviewed the previous discussions of the Commission regarding this request. The
alternatives were to grant the variance or to change the ordinance. Borkon expressed
concern about "spot" zoning and indicated this should be reviewed as part of the Comp
Plan. Hansen indicated that all the problems cannot be corrected by changing an
ordinance. Leslie stated that this issue has been discussed several times and expressed
the view that this type of ordinance goes with the zoning. Rosenberger stated that the
point was to get people to comply with the zoning and provide for control over the
facilities and use of the land.
Leslie moved, Rosenberger seconded to recommend to the City Council that it
approve the Ordinan<;e $mending Chapter 1201 of the Shorewood City Code relating
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to Zoning Regulations reading in part: "At maximum one slip per 1900 square feet
of lot area of the site for sailing yacht clubs. For all other facilities one slip per
2500 square feet of lot area of the site."
Motion passed 4/3. Hansen, Bean and Borkon voted nay.
3. PROPOSED REZONING FROM R-1C TO L-RNARIANCES FOR LOT AREA.
BOAT SLIPS. AND FRONT YARD SETBACK (Tabled from September 22
meeting)
ADDlicant: Upper Lake Minnetonka Yacht Club
(Skip Jewett)
Location; 4580 Enchanted Point
Chair Benson opened a Public Hearing at 10 p.m. for any new information not heard at
the public hearing held in September 1992. He noted that a number of phone calls and
communications have been received regarding this issue.
A gentleman stated that the suggested oiling of the roads could be an environmental
problem relative to wells in the area.
Chair Benson closed the Public Hearing at 10:03 p.m.
Bean asked whether the yacht club was wiUlng to down-size the proposed building. He
indicated his Concern about saving as many trees as possible and limiting the impact of
construction of a building. Nelson stated that to provide adequate parking it was
necessary to remove some trees. Hegstrom indicated the club was willing to work with
the City and comply with the L-R district zoning, however he was unable to address the
issue of down-sizing at this time. Nielsen explained that this issue could be dealt within
the variances and restrictions. Bean asked for clarification on upgrading and widening
of the road. Nielsen reviewed the plans and commented on the fire marshall's
recommendation for providing adequate access for emergency equipment. Hansen
expressed concern about the impact on the residential neighborhood of paving and
striping a parking lot and widening of the road. Leslie noted, however, that these are
requirements of the zoning ordinance. Bean stated that nevertheless those requirements
are a detriment to the neighborhood. Nielsen stated that appropriate landscaping could
mitigate the effects of the parking lot. Leslie expressed concern about setting a
precedent in terms of the other clubs. Rosenberger asked for clarification about the
"promise" made noting that he has not seen any documentation regarding this. Stover
indicated that at that time there was not a professional staff that would have dOCl.Jmented
the agreement.
Hansen moved, Bean seconded to recommend to the City Council that it deny the
re-zonlng from R-1 C to L-R and variances for lot area, boat slips and front yard
setback at 4580 EnChanted Point requested by the Upper Lake Minnetonka Yacht
Club, due to the inability of the Club to comply with the requirements.
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PLANNING COMMISSION MEETING
NOVEMBER 17, 1992 - PAGE 12
Motion failed 3/4. Malam, Benson, Leslie and Rosenberger voted nay.
Leslie moved, Rosenberger seconded to recommend to the City Council that it
approve the re-zonlng from R-1C to L-R and variances for lot area, boat slips and
front yard setback at 4580 Enchanted Point requested by the Upper Lake
Minnetonka Yacht Club, subject to the Planner's recommendations including: the
building would be limited proportionately by the lot size under the L-R district, boat
slips be restricted to one per 1900 square feet, storage space be part of the main
building to accommodate lawn care equipment and supplies, prohibit retail sales
entirely, harboring of boats limited to sail boats except for one motorized boat to
be used only by the club, detailed landscaping plan including site lighting prepared
by a registered architect, prohibit dispensing of gas, prohibit rental of fishing boats,
prohibit launching ramps, limit outdoor storage to seasonal items used by the
salling club and school, limit social gatherings to that of club members, limit the
dispensing of food to that from a vending machine, parking lot must be paved,
curbed and striped according to Code, applicant will widen Enchanted Point Road
to 24' with Class 5 surface to result in a dust-free surface, sign plan must be
approved by the City Council, all halyards must be secured to prevent noise,
grading and drainage plans must be approved by the City Engineer and the
Minnetonka Water Shed District, operating hours limited to 8 a.m. to 10 p.m. April
through October with no winter usage, no work of any kind may be commenced
until the state archeologist has determined the site is not an Indian burial ground,
and that these restrictions be included in the resolution approving the variances and
with the license for the facilities.
Bean stated he would like the club to have a facility that makes sense for the nature of
the neighborhood and asked whether there was any way to work around the road
widening and paving of the parking lot. Nielsen stated that the City faces liabilities of
violation of fire codes. Hansen stated he could see no undue hardship for these
variances.
Motion passed 4/3. Hansen, Bean and Borkon voted nay.
4. 8:00 PUBLIC HEARING. C.U.P. FOR CONSTRUCTION OF A CHURCH IN A
RESIDENTIAL DISTRICT. AND DEPOSIT OF FILL IN EXCESS OF 100 CU. Yes.
Apolicant: Minnewashta Church (Vanman Construction)
Location: 26715 West 62nd Street
Nielsen reviewed the background to the applicant's request for a conditional use permit
for a church in a residential district and fill in excess of 100 cubic yards. Vanman
Construction, representing the Minnewashta Church, has submitted plans to r~plac~ its
existing church at 26710 West 62nd Street with a new building. The church Itself IS a
conditional use in a residential district and is zoned R-1 D, single-family residential and
contains just over two acres of area. The existing church building contains
approximately 4338 square feet of floor area. It is nonconforming with respect to the
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front yard setback. 18 feet rather than 30 feet. Existing parking consists of a gravel lot
on the east side of the bUilding. The new church will contain 9191 square feet of area
with seating for 256 people. In addition, they propose to use an engineering technique
called surcharging to compact the soil on the building pad. The amount of fill required
for this process exceeds 100 cubic yards which also requires a conditional use permit.
The surcharge method of soil correction consists of stockpiling dirt, 10 feet high. in an
area measuring 100' X 170' where the new church will be built. The pile remains on the
site for approximately eight months compacting the soil beneath it. Alternatives to this
would be pilings or dredging in dirt. .
Nielsen stated that the Code contains specific conditions for churches in residential
districts. He reviewed the Issues to be addressed in the consideration of this request.
The site plan and parking lot conform to setback requirements. Although the site plan
identifies existing trees to be saved, plans for screening -and landscaping have not been
proposed. A detailed landscape plan prepared by a registered landscape architect
providing an adequate buffer between the proposed parking areas and adjoining
residential property must be submitted. The landscape plan should include a cost
estimate from which a letter of credit for 150 percent of the cost must be provided and
must extend for two full growing seasons. Parking, parking stall dimensions and aisle
widths shown on the site plan comply with Code requirements. The proposed circulation
design and the limited weekday use provide adequate opportunity for off. street loading.
Building elevations meet requirements. Plans for the 24' x 24' garage located at the rear
of the building must be provided. Discussions with church representatives suggest that
the existing church will remain in use until the new one is completed. Nielsen indicated
this creates a problem in that the required parking cannot be completed until the existing
building is demolished. He suggested that the church use an alternate location for
services during the time between the demolition of the existing building and occupancy
of the new building. The conditional use permit should clearly state that no occupancy
of the new building, except possibly minimal office use, will be allowed until all required
site improvements have been completed.
Nielsen stated that the general site design will require no variances. but that some minor
issues must be addressed. Information on site lighting should be included with the
detailed landscaping plan and provision for trash facilities must be made. Grading.
drainage and erosion control, addressed by the City Engineer, requires detailed plans
and stormwater run-off calculations. Nielsen noted that drainage is extremely critical in
the vicinity of the church property.
Nielsen reviewed the issues in connection with the request for a conditional use permit
for fill in excess of 100 cubic yards detailed on page 4. items 1 through 7. of his
memorandum dated November 12, 1992, Rle No. 405 (92.27). Nielsen stated that in
view of the information which must still be submitted by the Church/Contractor for both
conditional use permits as detailed on pages 5 and 6, items a. through P.. of his
memorandum dated November 12, 1992, he recommends tabling action on this request
until the Commission's meeting on December 1. 1992.
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NOVEMBt;R 17, 1S92 - PAGE 14
'-
Barry Lyons, representing Van man Construction. provided additional information on the
proposed plans. In general, he stated that each of the issues raised in the staff report will
be addressed and the requested conforming information provided to the City. He
explaine~ the eh,ureh's plans for parking to allow use of the existing building during the
constru?tlon p~n~d. Actual wor~ on the surcharge will begin in February, however, hay
bales WIll be laid In the surcharging area as soon as the project is approved to prevent
the ground from frost.
Chair Benson opened the Public Hearing at 11: 10 p.m.
A resident commented on the drainage and landscaping of the project.
Rosenberger suggested that the contractor/church may wish to consider meeting with
the neighbors to inform them of the plans and to address their concerns.
Chair Benson closed the Public Hearing at 11 :12 p.m.
Bean suggested that perhaps temporary screening in the form of shrubs, etc. may
mitigate the surcharge area. Tom Huffman, a member of the congregation in charge of
the surcharge process, pointed out that S' wells will be drilled to hasten the surcharging
process to relieve the hydrostatic pressure. Leslie questioned the timing of the
surcharge process and suggested that safety of users of Cathcart Park be taken into
consideration.
Rosenberger expressed concern regarding the possible adverse impact on the residents'
wells from the surcharging process. Leslie indicated it was important to have a detailed
adequate drainage plan including the ponding area given the problems in the area.
Borkon requested that proposed safety measures be included in the additional
information to be provided. Rosenberger suggested that attention be paid to the
additional heavy traffic that will occur in the area and that residents be given prior notice
regarding this. Bean suggested that the Watershed District and/or Hennepin County be
contacted regarding the proposed removal of the berm.
Borkon moved, Hansen seconded to table action until December 1, 1992 on 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 located at 26715 West 62nd Street.
Motion passed 7/0.
5. 8:15 PUBLIC HEARING . VARIANCE FOR SECONDARY DOCK _ON
RESIDENTIAL LAKE5HORE PROPERTY
Apolicant: James Kesler, rep. Dorothy Smith
Location: 27940 Smithtown Road
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Nielsen stated that Mr. Kesler has applied on behalf of his mother-in-law. Dorothy Smith.
for a variance to allow a second dOCk on the property located at 27944 Smithtown Road.
Ms. Smith owns the lot to the east of that property and has a 20' easement down to the
lake. The applicant's primary argument for the secondary dock is that the nonriparian
property is les5 valuable without dock rights than with them. The property is zoned R-1A,
Single-Family Residential and is also subject to 5. Shoreland District requirements. Both
lots are occupied by homes.
Nielsen stated that easements between property owners are private matters not regulated
by the City, however the number and location of structures and the use of property are
regulated through the Zoning Code. The Code restricts the number of docks per parcel
to one and further states that the dock may only be used by the residents of the property
on which the dock is located. Although the Code provides for exceptions by 4/5 vote
. of the City Council, the City's policy in recent years has been to deny such requests.
Nielsen stated that the policy toward dock rights for nonriparian property has been
consistently upheld and in fact the Planning Commission has recommended that the 4/5
exception be eliminated from the Code. Nielsen reviewed the criteria for the granting of
variances. He stated that the request fails to meet any Of the criteria and indicated that
the request is primarily financial in nature. He noted that while the property owner
previously controlled both of the subject properties the dock rights were not secured
when the parcel on the lake was sold in 1976. Based on these considerations, Nielsen
recommended that the applicant's request for a variance be denied.
Chair Benson opened the Public Hearing at 11 :35 p.m.
James Kessler: I would like to address the issues Brad went through. In one respect,
I agree with his comments. However, I think a lot of it is just weak eXCl,Jses. It was the
intent of the owner to subdivide the property and sell the property with lake shore
easements. It was the intent to resell at some time and have docking rights on the lake.
Each case should be looked at on a case by case basis, different circumstances are
involved in each case. Part of the easement that was drawn up that gives you right to
walk down to the lake; another part of that is clear view easement which prevents the
Alsips from expanding their home. They definitely wanted to be able to walk to the lake.
Dorothy was always counting on the lake rights. Market price of the home with dock in
the water is $280,000 vs. $200,000 without a dock in the water.
Leonard Juster stated he was an observer.
Bill Pye??, 26785 Smithtown Road??: I don't know what their situation is, but I think
approving this would set a precedent. On one side of me, there's 4-5 ~ack-Iots and I
would end up with several docks. This would create alleys between reSidences to the
back lots.
Chair Benson closed the Public Hearing at 11:45 p.m.
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PLANNING COMMISSION MEETING
NOVEMBER 17. 1992 - PAGE 16
Bean asked whether there was a way to draw a lot line to make a conforming lot. It
appears that ttlis was not possible. Borkon asked for clarification of the location of the
existing docks and the easements. Rosenberger expressed concern that a precedent
woUld be set if this request was approved.
Rosenberger moved, Hansen seconded to recommend to the City Council that it
deny the requ8$t for a variance for a secondary dock on residential lakeshore
property made by James Kesler, representing Dorothy Smith at 27940 Smithtown
Road.
Motion passed 7/0.
6. SIMPLE SUBDIVISION/COMBINATION
Applicant: Reifenberger/Morford
Location: 6130/61~O Church Road and Lot 11, Minnewashta
Nielsen reviewed the background to the applicants' request. He noted that the owners
of 6130 and 6150 Church Road purchased a tax-forfeited lot between their properties.
The current owners, Mark Morford and Tom Reifenberger, are requesting approval to
divide the 50-foot lot in two and combine the halves of the lot with their respective
homesites. Nielsen stated the divi$ion and combination are consistent with Shorewood's
zoning requirements and will correct two non-conformities. Nielsen noted that field
inspection of the site revealed significant violation of on-$ite parking and outdoor storage
requirements. Vehicles and recreational equipment are scattered on both properties:
these must be removed.
Chair Benson opened the Public Hearing at 11 :55 p.m.
Mark Morford stated that the vehicles and equipment will be removed.
Chair Benson closed the Public Hearing at 11 :58 p.m.
Rosenberger moved, Borkon seconded to recommend to the City Council that it
approve the simple subdivision/combination for Reifenberger/Morford. at 6130/6150
Church Road and Lot 11, Minnewashta, subject to the Planner's recommendations
to be completed within 30 days including correction of the vehicle nd recreational
equipment violations, provision of a 10 foot drainage and utility easement on each
side of the new lot line, provision ot an up-la-date title opinion for the shared parcel
and relocatIon of the metal shed encroaching onto the west of the property.
Motion passed 7/0.
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7. SIMPLE SUBDIVI~ION
Acolicant: Douglas Shoutz
Looation: 61 SO Cathcart Drive
The applicant proposes to split the property located at 61.30 Cathcart Drive into two, two.
acre lots. With the exception of the currently nonconforming use due to a detached
garage converted in the past to a second dwelling, the subdivision request is Quite
simple. It is recommended that the division be approved subject to 1) provision of deeds
for the 1 0 foot drainage and utility easements from all parties having an interest in the
property, 2) payment of one park dedication fee and one local sanitary sewer access
charge prior to release of the resolution, 3) the converted garage must be converted
back to an accessory building so that only one dwelling remains on the site or the
building can be removed from the site entirely; this correction must occur within six
months, 4) existing shed on the proposed property line must be removed, 5) an existing
storage building on Parcel A putting the property in excess of 1200 square feet of
accessory space be removed, 6) 60 days be granted for recording the division due to
the time required to make the necessary corrections, and 7) language stating the City's
policy on private roads and back lot development be contained in the resolution to put
future owners on notice that further division of the large lots reqUire partici pation by other
adjoining landowners.
Borkon moved, Malam seconded to recommend to the City Council that it approve
the simple subdivision for Douglas Shoutz at 6130 Cathcart Drive, Subject to the
Planner's recommendations.
Motion passed 7/0.
8. MATTERS FROM THE FLOOR. None.
9. REPORTS
Stover noted that Commissioner Leslie's last meeting will be on December 1 as she has
submitted her resignation from the Planning Commission.
Malam briefly reviewed discussions at the Park Commission meeting regarding light rail
corridors.
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Malam will represent the Planning Commission at the Council's November 30 meeting.
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PLANNING COMMISSION MEETING
NOVEMBER 17, 1992 - PAGI; 18
10. ADJOURNMENT
Malam moved, Rosenberger seconded to adjourn the meeting at 12:10 a.m,
Wednesday, November 18, 1992.
Motion passed 7/0.
RESPECTFULLY SUBMITTED
Arlene H. Bergfalk
Recording Secretary
Northern Counties Secretarial Services
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