051192 CC Reg AgPCITY OF SHOREWOOD COUNCIL CHAMBERS
CITY COUNCIL MEETING 5755 COUNTRY CLUB ROAD
MONDAY, MAY 11, 1992 7:00 P.M.
AGENDA SC AMED
1. CONVENE CITY COUNCIL MEETING
A. Pledge of Allegiance
B. Roll Call Mayor Brancel
Gagne
Stover
Daugherty
Lewis
C. Review Agenda
2. APPROVAL OF MINUTES
A. City Council Work Session /Meeting - April 27, 1992
(Att.No.2A- Minutes)
3. CONSENT AGENDA - Motion to Approve Items on Consent Agenda and
Adopt Resolutions Therein
A. A Motion to Adopt a Resolution Approving Non - Intoxicating
Malt Liquor License - Vine Hill Market
(Att.No.3A- Resolution)
B. A Motion to Adopt a Resolution Approving Intoxicating
Liquor License - American Legion Post #259
(Att.No.3B- Resolution)
C. A Motion to Adopt a Resolution Approving Intoxicating
Liquor License - Minnetonka Country Club
(Att.No.3C- Resolution)
D. A Motion to Adopt a Resolution Filling a Vacancy on the
Planning Commission
(Att.No.3D- Resolution)
E. A Motion to Adopt a Resolution Regarding Salaries
(Att.No.3E- Resolution)
F. A Motion to Accept a Letter of Agreement between the City
of Tonka Bay and Shorewood for Provision of Sewer and
Water Service to the Shorewood Public Works Facility
(Att.No.3F- Agreement)
G. A Motion to Adopt a Resolution Approving a Single
Temporary Gambling License - Variety Club Association
(Att.No.3G- Resolution)
CITY COUNCIL AGENDA - MAY 11, 1992
PAGE TWO
3. CONSENT AGENDA - Motion to Approve Items on Consent Agenda and
AdORt Resolutions Therein - Continued
H. A Motion to Approve a Commercial Certificate of Occupancy
Applicant: Duane Markus (Technology 80)
Location: 24000 State Highway 7
(Att.No.3H- Planner's Report)
I. A Motion to Adopt a Resolution Approving a Partial Street
Vacation (Garden Road) and a Simple Subdivision
Combination
Applicant: Tom Doherty�l{� °��
Location: 20375 Manor Road
(Att. No. 3I -A- Planner's Report, B- Proposed
Resolution)
4. 7:15 P.M.- PUBLIC HEARING - A PROPOSED RESOLUTION APPROVING
VACATION OF DRAINAGE AND UTILITY EASEMENTS - A PROPOSED
RESOLUTION APPROVING SUBDIVISION /COMBINATION
Applicant: David Hrdlicka
Location: 5280 St. Albans Bay Road
(Att.No.4A- Planner's Report, B & C
Resolutions)
5. PARK
6. PLANNING
7. A PROPOSED
RESOLUTION ESTABLISHING A STREET SPECIAL
ASSESSMENTS TASK FORCE
(Att.No.7- Resolution)
8. CONSIDERATION
OF A REZONING FROM R -1C TO L -R /VARIANCE FOR
PARKING & LOT
AREA
Applicant:
Upper Lake Minnetonka Club (Skip Jewett)
Location:
4580 Enchanted Point
(Att.No.8A- Planner's Report, B- Resident
Correspondence)
9. CO NSIDERATION
OF A C.U.P. FOR GAS PUMPS /VARIANCES FOR NUMBER
OF PARKING SPACES AND PARKING SETBACKS
Applicant:
Skipperette (James Pyle)
Location:
19215 State Highway 7
(Att.No.9A- Planner's Report, B- Resident
Correspondence)
CITY COUNCIL AGENDA - MAY 11, 1992
PAGE THREE
10. CONSIDERATION OF THE FINAL PLAN - GIDEON'S COVE P.U.D.
Applicant: Boyer Construction (Bob Boyer)
Location: Lawtonka Drive
(Att. No. 1OA- Planner's Report, B- Engineer's
Report, C- Proposed P.U.D. Agreement)
11. CONSIDERATION OF A C.U.P. FOR FILL IN EXCESS OF 100 CUBIC
YARDS
Applicant: Joseph Peters
Location: 20455 Manor Road
(Att. No. 11A- Planner's Report, B- Engineer's
Report)
12. APPEAL "NOTICE TO REMOVE"
Applicant: Wilda Goggans
Location: 26960 West 62nd Street
(Att.No.12- Planner's Report)
13. AN ORDINANCE FIXING THE SALARIES OF THE MAYOR AND MEMBERS OF
THE COUNCIL OF THE CITY OF SHOREWOOD
(Att.No.13- Ordinance)
14. MATTERS FROM THE FLOOR
15. STAFF REPORTS
A. Attorney's Report
B. Engineer's Report
1. 1992 Construction Project Schedule
C. Planner's Report
1. Metropolitan Water Supply Issues
2. Shoreland Management Ordinance - City of Orono
D. Administrator's Report
1. SBA Natural Resources Development Program for
Community Tree Planting
(Att.No.15D -DNR Letter)
2. Meeting Schedule - Board of Review
CITY COUNCIL AGENDA - MAY 11, 1992
PAGE FOUR
16. COUNCIL REPORTS
A. Mayor Brancel
1. Report on SLMPSD Contract
2. Request for Support to the Excelsior Chamber of
Commerce for the 4th of July Celebration
.(Att.No.16A -2- Excelsior Letter)
B. Council Reports
17. ADJOURNMENT SUBJECT TO THE APPROVAL OF CLAIMS
(Attachment Claims)
JCH.al
5/5/92
EXECUTIVE SUMMARY
SHOREWOOD CITY COUNCIL MEETING AGENDA
MONDAY, MAY 11, 1992
AGENDA ITEM 3A, 3B & 3C - These three resolutions are passed
annually to issue the appropriate liquor licenses to Vine Hill
Market, American Legion Post #259 and Minnetonka Country Club. All
paperwork and fees will have to be in to the City offices before
licenses are issued.
AGENDA ITEM 3D - Robert Bean has agreed to serve on the Shorewood
Planning Commission. As directed by Council we have drafted a
resolution to appoint him to replace James Schultz on the
commission.
AGENDA ITEM 4 - In order to avoid applying for a setback variance
to add on to his nonconforming residence at 5280 St. Albans Bay
Road, David Hrdlicka proposes to purchase additional property to
the rear of his. In addition to a simple subdivision /combination,
the proposal requires vacation of existing drainage and utility
easements in exchange for a new one along the adjusted property
line. Staff and the Planning Commission enthusiastically recommend
approval.
AGENDA ITEM 3E - This resolution approves a fifty cent per hour
increase for election judges and $1 per hour for precinct chairman.
The rates would be $5 and $6 per hour. They have not seen an
'
increase since 1988. The recommended $100 /per month increase in
pay for the Liquor Manager is a first increase in pay for him since
January 1990.
a
AGENDA ITEM 3F - This is an agreement between the City of Shorewood
and City of Tonka Bay which clearly lists responsibilities and
expectations for the construction period and post construction
'
period for our Public Works facility being hooked up to Tonka Bay
sewer and water. Details have been worked out between staff and
officials from Tonka Bay. The motion is to accept the letter of
agreement and to authorize execution.
E
ti
AGENDA ITEM 3G - This resolution would approve. a one day raffle
license at the Minnetonka Country Club to benefit Variety
Children's Hospital at the University of Minnesota. The day is
June 8, 1992.
li e,
AGENDA ITEM 3H - Technology 80, a small computer business currently
located in Golden Valley, proposes to purchase and occupy the
office building located at 24000 State Highway 7. The Planning
Director has inspected their current location and determined that
the use is consistent with the R -C zoning of the property.
AGENDA ITEM 3I - The attached resolution approves the partial
street vacation of Gardendale Road. Note that the resolution is
automatically voided if the property owner fails to provide the
City with clear title to the new right -of -way.
AGENDA ITEM 4 - In order to avoid applying for a setback variance
to add on to his nonconforming residence at 5280 St. Albans Bay
Road, David Hrdlicka proposes to purchase additional property to
the rear of his. In addition to a simple subdivision /combination,
the proposal requires vacation of existing drainage and utility
easements in exchange for a new one along the adjusted property
line. Staff and the Planning Commission enthusiastically recommend
approval.
AGENDA ITEM 7 - This resolution establishes a task force to study
special assessments as a means of financing street reconstruction.
The task force is directed to report on this issue within six
months of its creation.
AGENDA ITEM 8 - This is a request to change zoning from R -1C to
lakeshore recreational district from the Upper Lake Minnetonka
Yacht Club, 4580 Enchanted Point. Even with the rezoning a number
of variances would be required. The Planning Commission has
recommended to deny the request for rezoning. The issues involved
are explained clearly in the attached memorandum.
AGENDA ITEM 9 - This is a request for a conditional use permit for
gas pumps and variance to parking requirements at the Skipperette,
19215 State Highway 7. The recommendation is to deny the request,
however, if the City Council feels the plan has merit the
application should be tabled pending review of detailed grading and
landscaping plans. Please review the memorandum in detail.
AGENDA ITEM 10 - Boyer Construction has submitted final plans for
the Gideon Cove P.U.D. Approvals necessary are the final plat, the
development agreement, the protective covenants, and the building
plans for the twinhomes. The Planning Commission has reviewed the
protective convenants and made a number of suggestions. A final
draft will be presented in two weeks, after which the plat may be
recorded and building permits issued.
AGENDA ITEM 11 - Mr. Joseph Peters needs to bring in approximately
500 -600 cubic yards of fill to create a driveway to construct a new
house at 20455 Manor Road. Anything over 100 cubic yards requires
a c.u.p. The Planning Commission has recommended approval subject
to the recommendations of the City Engineer and Planning Director.
AGENDA ITEM 12 - Wilda Goggans, 26960 West 62nd Street, asks for
additional time to correct violations of Chapter 501 of the City
Code (Offensive and Unhealthy Substances). Since the property has
been cited previously for similar violations, the Planning Director
recommends no more than a one -week extension to comply with the
Code.
AGENDA ITEM 13 — Although the City Council nearly two ago agreed to
a $50 /per month increase for the Mayor and City Council an
ordinance was never passed and published. This ordinance set the
salary of the Mayor at $250 /per month and the Council at $200 /per
month. It would take effect January 1, 1993.
JCH.al (5/7/92)
BN.sn
c: \anne\jhsummry
RESOLUTION NO. -92
RESOLUTION APPROVING NON - INTOXICATING MALT LIQUOR LICENSE
•
C
WHEREAS, the Shorewood City Code, Section 402.02, provides for
the licensing of the sale of non - intoxicating malt liquor in the
City; and
WHEREAS, said code provides that an applicant shall complete
an application, and fulfill certain requirements concerning
insurance coverage, and shall pay a licensing fee; and
WHEREAS, the following applicant has satisfactorily completed
the application and has fulfilled the requirements for the issuance
of a license for the "off sale" of non- intoxicating liquor.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Shorewood as follows:
1. That a license for the "off sale" of non - intoxicating malt
liquor be issued for a term of one year, from June 1, 1992, to May
31, 1993, to the following applicant:
Applicant Name
Vine Hill Market
Address
19215 State Highway 7
Shorewood, MN 55331
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 11th day
of May, 1992.
ATTEST:
James C. Hurm
City Administrator /Clerk
Barbara J. Brancel
Mayor
5 A
RESOLUTION NO. - 92
RESOLUTION APPROVING INTOXICATING LIQUOR LICENSE
SUNDAY AND CLUB
WHEREAS, the Shorewood City Code, and Sections 402.02 and
403.05, provides for the licensing of the sale of intoxicating
liquor in the City and requires a special license for Sunday sales;
and
WHEREAS, said code provides that an applicant shall complete
an application, shall fulfill certain requirements concerning
insurance coverage, and shall pay a licensing fee; and
WHEREAS, the following applicant has satisfactorily completed
their application and have fulfilled the requirements for the
issuance of a Special Club License for the "on- sale" of
1 0 intoxicating liquor and for a Special License for "Sunday Sales ".
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Shorewood as follows:
1. That a Special Club license for the "on sale" of
intoxicating liquor and a Special License for Sunday sales be
issued for a term of one year, from June 1, 1992, to May 31, 1993,
to the following applicant:
Applicant Address
American Legion Post #259 24450 Smithtown Road
Shorewood, MN 55331
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 11th day _
of May, 1992.
Barbara J. Brancel
Mayor
ATTEST:
James C. Hurm
City Administrator /Clerk
38
RESOLUTION NO. -92
RESOLUTION APPROVING INTOXICATING LIQUOR LICENSE
ON SALE OF INTOXICATING LIQUOR AND SPECIAL SUNDAY SALES
•
WHEREAS, the Shorewood City Code, Sections 402.02 and 403.05,
provides for the licensing of the sale of intoxicating liquor in,
the City and requires a special license for Sunday sales; and
WHEREAS, said code provides that an applicant shall complete
an application, shall fulfill certain requirements concerning
insurance coverage, and shall pay a licensing fee; and
WHEREAS, the following applicant has satisfactorily completed
this application and has fulfilled the requirements for the
issuance of a license for the "on sale" of intoxicating liquor and
for a special license for Sunday sales.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Shorewood as follows:
1. That a license for the "on sale" of intoxicating liquor
and a special license for Sunday sales be issued for a term of one
year, from June 1, 1992, to May 31, 1993, to the following
applicant:
Applicant Name
Minnetonka Country Club
Address
24575 Smithtown Road
Shorewood, MN 55331
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 11th day
of May, 1992.
ATTEST:
James C. Hurm
City Administrator /Clerk
Barbara J. Brancel
Mayor
3c
RESOLUTION NO. -92
A RESOLUTION APPOINTING ROBERT B. BEAN
TO THE PLANNING COMMISSION
WHEREAS, the City of Shorewood has advertised for Shorewood
Citizens to apply to serve on various.Commissions; and
WHEREAS, the City Council has completed a review and selection
procedure for appointment to said commissions; and
WHEREAS, James Schultz has resigned his position on the
Planning Commission (term thru December, 1993).
NOW, THEREFORE BE IT RESOLVED that the City Council of the
City of Shorewood hereby appoints Robert B. Bean, 5285 St. Albans
Bay Road, to fill said vacancy (term thru December, 1993).
PASSED AND ADOPTED BY THE CITY COUNCIL of the City of
Shorewood this 11th day of May-- 1992.
Barbara J. Brancel, Mayor
ATTEST:
•
James C. Hurm
City Administrator
3D
OCT 2 3 1GG1
DATE: OCTOBER 22, 1991
MR. BRAD NIELSEN
CITY OF SHOREWOOD
SHOREWOOD, MN 55331
RE: APPLICATION FOR APPOINTMENT TO SHOREWOOD PLANNING COMMISSION
Dear Mr. Nielsen,
Attached is a copy of my resume which outlines my work experience. I
think you will see that my 11 years of management experience gives me a
solid background to draw on in setting planning goals, analyzing and
evaluating proposals, and providing clear recommendations to the City
Council.
I also want to give you some personal background not covered in the
resume. I am a life long resident of the "greater Lake Minnetonka" area
having been born in Shorewood and have lived in Minnetonka near Vine
Hill Road as well as in Deephaven. My wife, children and I have now
settled in Shorewood and have been residents for 2 years. We are
looking forward to the opportunity to raise our children here and to
providing them with the safety and peacefulness I was able to experience
as a child in the Minnetonka Manor and Shady Hills neighborhoods.
As a life long resident of the area, I am very aware of the conflicts
and challenges facing the City as it balances the need to develop as
well as retain the character that has made it so attractive to those now
calling it home. I feel I would be able to maintain balance of
perspective between the diverse backgrounds represented in our vastly
different neighborhoods ranging from the Manor to Smithtown Bay to
Waterford. I am very much interested in getting involved in the process
of planning for the ongoing develop of our town and look forward to the
opportunity of working with you on the Planning Commission.
If you have any questions please contact me. My direct phone numbers
are listed on my resume and again below.
Thankyou for your consideration of my application.
Sincerely,
Robert B. Bean
5285 St. Albans Bay Rd.
Shorewood, MN 55331
(H) 474 -2423
(W) 341 -5832
ROBERT B. BEAN
CAREER OBJECTIVES:
5285 ST. ALBANS BAY RD
EXCELSIOR MN 55331
(H) (612) 474 -2423
(A) (612) 341 -5832
Obtain a senior Operations or Product Management
position within a Trust or Financial Services
company which is committed to investing in its
future and looking to capitalize on the leadership,
creativity and vision of its staff.
WORK EXPERIENCE:
1988 - present MARQUETTE BANK MINNEAPOLIS
991 - present Marquette Bank Minneapolis
Vice President - Trust Operations Division.
Overall management responsibility for Participant
Recordkeeping, Tax Compliance &. Reporting, Pension
Payment, Special Asset Processing, Cash Processing,
System Control & Balancing and General Accounting
for the Trust Services Group.
In addition to these management responsibilities,
also responsible for general compliance reporting
for Trust and in support of Product Managers in the
new product development, pricing and unit costing.
1988 - 1990 Marquette Bank Minneapolis
Assistant Vice President - Trust Accounting Dept.
Overall management responsibility for Participant
Recordkeeping, Performance Measurment, and General
Accounting for the Trust Services Group. In
addition to these management responsibilities was
also instrumental in the solicitation and closing of
several new business proposals including the largest
401(k) plan on Marquette's books representing nearly
$95,000 in annual fees alone. Implemented an
account profitability tracking system and
participated in the technical design of the NCS
Account Profitability System as part of a custom
joint effort with NCS and San Diego Trust & Savings
Bank.
1975 - 1988 NORWEST CORPORATION
1981 -1988 Norwest Technical Services
Assistant Vice President - Trust Payment & Account
Services Division.
Overall management responsibility for account
information maintenance and processing for trust
production, participant recordkeeping and pension
payment for all Norwest trust affiliates. During
this period was responsible for the design,
development and implementation of a Disbursed Entry
Cash Transaction System supporting the Norwest Trust
Network nationwide as well as design, development
and implementation of their current*Pension Payment
System supporting all employee benefit plan one -time
and periodic distributions including the tax
reporting requirements associated with E.B. plan
distributions.
1980 - 1981' Norwest Bank Minneapolis
Trust Officer and member of the Norwest Trust System
Project team with direct responsibility for the unit
testing of the customer reporting subsystem as well
as design and testing of administrative on -line.
inquiry screens developed to give account officers
immediate access to key account information.
1975 - 1980 Norwest Bank Minneapolis
Personal Trust Officer.
Administrative responsibility for approximately 250
Personal.Trust & Agency accounts.
EDUCATION:
Bachelor of Arts from the University of Minnesota
(1975). Under the BES (Elected Studies) program
offered at the U of M, a custom major sequence was
developed, presented to, and approved by, the Board
of Regents of the University. The degree of
Bachelor of Elected Studies was awarded with
concentrations in Economics, Business Administration
and Communications.
National Graduate Trust School (1983). Completed
the three year program offered jointly by the
American Bankers Association and Northwestern
University leading to a degree and, as a
demonstration of superior performance in the
program, certification as a Certified Financial
Services Counselor (CFSC).
OUTSIDE ACTIVITIES:
Help in operation of family farm near Owatonna, MN.
Chairman of the NCS National -Users Group for
Participant Accounting System.
Member of University of Minnesota Alumni Association
and U of M Band Alumni Society.
Participate in various organized softball and
basketball programs as well as golf, tennis and
other sports and outside activities.
In past years have coached various youth baseball
and basketball teams in the Minnetonka High School
District.
is
•
RESOLUTION NO. -92
A RESOLUTION APPROVING SALARY ADJUSTMENTS
WHEREAS, Shorewood election Judges last received an increase
in pay in August, 1988; and
WHEREAS, the Shorewood City Council recognizes the important
role of election Judges in our representative democracy, and
WHEREAS, the Liquor Committee has recommended a salary
increase for the Liquor Manager from $21,200 to $22,400 per year.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City
of Shorewood that Election Judges pay be increased from $4.50 to
$5.00 and hour, that Precinct Chairmen pay be increased from $5.00
to $6.00 per hour, and that the Liquor Manager's salary be
increased from $21,200. to $22,400 annually.
BE IT FINALLY RESOLVED that said pay rates shall become
effective upon passage of this resolution.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 11th
day of May 1992.
Barbara J. Brancel, Mayor
ATTEST:
•
James C. Hurm
City Administrator
N
\
0
M
d-
z
0
H
P4
z
0
U
a
a
cn
w
c�
0
h
z
0
H
Ei
U
W
a
w
C�
W
a +
a
'� Vl
0 0 0 0 o O o W °o C) W W W v ° , o o ° o
U � w W A vi �o Q v kn W �c 4 00
z
� z w z z z � A
Q o 0 0 0 o o v i o v, o tri v; vi o 0 0 0 0 I o 0
O O v? try r O G� N O N O N N N O O O O to N v? to
�•—, 6R
a M � Vj ON \c = � w (F ^ l- M M N \c r O w) 00
O .--+ r" t/j It \O O M M t/j v7 C \ ',p llC Q\ "6 ct M
PLO �-+ .--� * d� M 00 N V') * * 00 M (7; * N
N
V
a
a�i o d ti
cd
Cd
x •�
p 0 N to m tD
cd cd 0 N O �. y .� C"' cC3 '� 0 N N
aj
U U U U A A W W �, r� w ►..a O P; v� H 3 3
0
0
0
• o
a�
:fl
W O oo ON W) ON V) to .4 � tr) "
z O N o0 00 tn \O M � �--� to ti �O O \D oo -I. C\ O\ '--q M (�
Q1 = N t/) l� v) N O v7 to .-•4 \O \O M N 00 O ,t ON N N
o N N d• d• (7, to vi l- M v) N 1 O r- \,p o0 \0 r- to O
I I I i a I I I I I i I 1 i 1 1 p
PO d� d am- d o°,o
LETTER OF AGREEMENT BETWEEN THE CITY OF TONKA BAY
AND THE CITY OF SHOREWOOD FOR PROVISION OF SEWER
AND WATER SERVICE TO THE SHOREWOOD PUBLIC WORKS FACILITY
WHEREAS, upon the completion of the Shorewood Public Works
facility located to the east of Minnetonka Plaza the City of
Shorewood is desirous of becoming a customer of the Tonka Bay water
and sewer utilities; and
WHEREAS, the City of Tonka Bay upon completion of the
Shorewood Public Works facility, as a good neighbor to the City of
Shorewood, wishes to provide sewer and water utility service to the
facility.
NOW, THEREFORE BE IT RESOLVED that the parties to this
agreement hereby agree to the following:
�. 1. Upon hookup the City of Shorewood will be a regular water
and sewer utility customer of the City of Tonka Bay.
2. The cost of all improvements incurred in installing the
water and sewer lines from their connection with the
Tonka Bay system shall be borne by the City of Shorewood.
This shall include site restoration.
3. On -going repairs and maintenance of all installed lines
including any water main breaks and sewer blockages
between existing city lines and any new connections shall
be the responsibility of the City of Shorewood.
4. The City of Tonka Bay will provide a water meter to the
City of Shorewood and charge for it accordingly.
5. The cost as of the date of this agreement of one full
sewer system assessment, one full water system assessment
and one full water tower assessment will be paid by the
City of Shorewood to the City of Tonka Bay upon hook up.
6. The cost of all standard connection fees and all permits
and all standard quarterly commercial water and sewer
user rates will be paid by the City of Shorewood.
7. The City of Shorewood shall obtain all necessary
easements from the owners of the Minnetonka Plaza to
facilitate installation and maintenance of the utilities.
8. Both Citys are interested in an alternative vehicular
access site near the Tonka Bay water tower. The Citys
shall share the cost of construction equally.
1 of 2
3F
Letter of Agreement - City of Tonka Bay and City of Shorewood
Page Two
9. The City of Tonka Bay shall be allowed to discharge its
water tower over -flow into Shorewood's storm water
drainage system. Shorewood or its contractor shall hook
up Tonka Bays tower over -flow to Shorewood's system.
10. The City of Shorewood shall be responsible for any damage
to Minnetonka Plaza utility lines during construction.
Any utility disconnection shall be reinstalled by
Shorewood at the shortest and most direct location.
Water and sewer service to Minnetonka Plaza shall be
maintained continuously.
11. The City of Shorewood shall place a seal on the water
hydrant located on the Public Works site and notify the
City of Tonka Bay prior to using the water hydrant for
any purpose. Emergencies such as use for a fire would be
exempt from this requirement.
12. The City of Shorewood shall be responsible for
engineering fees accrued by the City of Tonka Bay as a
result of this project.
APPROVED BY:
City of Tonka Bay
Date:
Mayor
City Administrator
APPROVED BY:
City of Shorewood
Date:
Mayor
City Administrator
•
2 of 2
RESOLUTION NO. - 92
A RESOLUTION APPROVING SINGLE TEMPORARY GAMBLING LICENSE
0
•
WHEREAS, the Shorewood City Code, Chapter 301, provides for
the licensing of certain gambling activities in the City; and
WHEREAS, said code prescribes certain restriction concerning
eligibility for such licensing and application, whereby the
licensee will hold the City harmless for all claims arising out of
the granting of such license; and
WHEREAS, the following applicant has met the eligibility
requirement for such license and has agreed to all terms and
conditions of the agreement contained in the license.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Shorewood as follows:
1. That a single temporary license for the conduct of
gambling as specified in the terms and conditions of the license,
be issued for 1 day, Monday, June 8, 1992, for a raffle to be held
at the Minnetonka Country Club to benefit Variety Children's
Hospital at the University of Minnesota.
Applicant Name
Variety Club Association
Address
391 East River Road
Minneapolis MN 55455
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 11th
day of May, 1992.
ATTEST:
James C. Hurm
City Administrator
Barbara J. Brancel, Mayor
3G
�Z
Ni
C1()6
A ***0110tfon
$upporIngthe
% war club May 5, 1992
chnarsn s Houalfal
a nd Cll h lW at the
uJnfverslty of Mlnnaaota
Shorewood City Council
City of Shorewood
board of Directors 5755 Country Club Road
load
MarkNlbll(ok Shorewood, MN 55331
Pros/dent
Ft. Carter McComb,
Plrat w ee Prwloont Dear Council:
Arlene Ceehran,
8arand Vice Prt Id*nt
Jemee Anderson,
7 iwrearrrr Vari Club Association will be holding a golf tournament at the Minnetonka
Marilyn L ocro an,
S .aretary Country Club Monda June 5, 1892, The tournament is held each year to raise
Dlreetaee funds for the Variety Club Children's Hospital at the University of Minnesota.
Ceeya Bolman
Gall drakke
Jeanne Cameron Steve Payne, former Minnesota North Star Hockey Player, and Don Beeler, Chief
Steve Cook Executive O and President of Snyder Drug Stores, Inc. are oo- chairs once
Weary oin M. III
Ames D aga for this event.
elnard. M.O.
Bill Eliweln
C. Welton�ehei,IM M.D. They have put together an enjoyable day of golf for many golfers, both business
Patricia Luaaa men and women and several celebrity guests. Also golfing will be three young
Richard Mand MandlaM l
DAM people who have been patients at the Variety Club Children's Hospital.
Delores Roamlln
Boni Styrlund Following the golf tournament, there will be a banquat in the clubhouse which will
Faridah Sulukl
Past Praaiden Include a short awards program and a one -time raffle. We are In the p roem _
Phil R of locating an Item to use for the raffle prize The proceeds from the raffle will
R ussell Lucas. Jr., M.D. be u for the Variety Club Children's Hospital,
JOeeph M. Reilly, Jr.
Jahn Ayotte
N. Larry t3ontion W appreciate the opportunity to conduct this one -time raffle in Shorewood at
International your beaut iful golf facility.
Amtweeador
John P. Ayone
Executive a lrootor Through this g olf tournament we are able to provide significant support for some
Williem L. Halmen very special children. Special patient and family programs, and breakthrough
research allows us to continue to give the gift of hope.
Thank you.
Sincerely,
Deborah K. Wittenberg
Director of Development
3B1 East River Road, Minneapolis, MN 65-$6 (012) 624.8000 FAX: (612) 026 -1144
Aififtrad Mfh tfto Af/nneaotw Mediae! pewrfdwf/on
Office:
612- 474 -5222
m .�r ea.Hr�
P. O. BOX 360
EXCELSIOR. MINNESOTA 55331
May 6, 1992
City of Shorewood
5755 Country Club Road
Shorewood, MN 55331
Attention: Sue Niccum
Ref: Variety Club Outing - June 8, 1992
Dear Ms. Niccum:
I'm referring to your phone call regarding a one -day gambling permit
application to conduct a raffle here at the Minnetonka Country Club by the
Variety Club during their golf outing on June 8,,1992.
We have no objection to this raffle as long as it is in compliance with all
applicable laws; Municipal and State, and that the City of Shorewood does
explicitly approve such a raffle. We are not in a position to rule on this
point.
Please advise if there are any specific requirements on our part to supervise,
police, etc. such a raffle.
Yours truly,
B. Witrak
IN" Assn., I nc.
Golf Shop:
474 -9571
•
•
BW /si
Variety
Association
Supporting the
Variety Club
Children's Hospital
April 7, 1992
and Clinics at the
University of Minnesota
Sue Niccum
City of Shorewood
Board of Directors
Officers
5755 Country Club Road
Mark Niblick,
President
Shorewood, MN 55331
R. Carter McComb,
First Vice President
Arlene Cochran,
Dear Sue.
Vice President
&econd
James Anderson,
Treasurer
Marilyn Loffhagen,
Thanks for sending the information by fax to me regarding your city's fee for our
Secretary
organization to hold a single occasion raffle in the city of Shorewood.
Directors
Ceeya Bolman
I have enclosed a check in the amount of $15 to pay for a single occasion
ekke
Gail Brekke
Joanne Cameron
temporary license for a raffle.
Steve Cook -
Henry r Ill
Amos Deinaeinard, M.D. M
Also enclosed is the completed "Application for Exemption from Lawful Gambling
Bill
License" form. Please fill in the information in the bottom left -hand corner of the
Rodney Joha Johari
C. Walton Lillehei, M.D.
form entitled ' City or County ".
Patricia Lucas
Richard Lundquist
Dan Mandich
When it is completed, please return the form to me. At that time, I must include
Delores Rozman
it on to the Department of Gaming - Gambling Control Division.
Soni Styrlund
a check and send
Faridah Suluki
. Past Presidents
I would appreciate the return of this signed form by April 20, 1992 thus allowing
Phil Rafnson
me the time to send it on to the Department of Gaming - Gambling Gamblin Control
M.D.
Russell Lucas, Jr., M.D.
Joseph M. Reilly, Jr.
Division.
John Ayotte
N. Larry Bentson
Thank you for your attention to this process. If you have any questions, please
International
Ambassador
call me at 624 -2126.
John P. Ayotte
Executive Director
Sincerely,
William L. Heiman
Deborah K. Wittenberg
Director of Development
391 East River Road, Minneapolis, MN 55455 (612) 624 -6900 FAX: (612) 626 -1144
Affiliated with the Minnesota Medical Foundation
ONLY
LG220 MinnesotaIomj'ct Gombiing INiT DA
tA,,,.,,r,u9o, Application for Exemption f r��'n
Name and Address of t3rgartiicxtaon
i2a g l utranuprevi"s iioenao nurn-t .- tfnuprevlot. exert'pt numoor
VariatY Club Association I none none
Veit qty btuy zip ca ty
391 Ea River Rd Minneapolis MN $5455 Hennepin
C'Net.xscudw offi-W Phwm 624- 0 0 Treasurer Phase
Mark Niblick Pres. (612) James Anderson, Treas. (612)624-6900
Attach proof of nonprofit WOW whkh
Check the box below which indicatea your type of organization chart your argarrizstdon is nonprofit
❑ Fraternal ❑ Religious 12 Warms Cj Other non -profh a IRS designation
❑ C4rtlficadon of goad standng from the Minnesota
secretary of state's offtae
C] Affiliate of parent nonprofit .;ij or;anlzadon (dram)
tam
t�!
Nam Of site where aatvity will M" p sce
Minnetonka Coulatty Club
Street Cdty ................Township State 21p md• 7Hennopin County
4575 thtown Rd Shorewood MN 55331
Dats(s) of aadvity
0
Signature of person
Date
VMS- ear+
P" _ - ay.+nrtm
yaw _"s ,suns 00jamisaen 16
GW -GhaC&W
person
Mai{ with $25 perrnit fs4 anf1 t:apy Of proof of nonprofit status to:
Department of Gaming • Gambling Control Division
Rosewood Plaza,South, 3rd Floor
171 W. County Road B
%Akt RM i!i
I have received a oo py of this application Thl,.,.. pl ication will be reviewed by the c3amblinq Contraf Division and will become y ty
This applme effective 30 days
r must received by the Gambling Control Division widin 30 day of the date filled In Wow Cid0s of ch a claas have f30 dsly: In
t
which to dsallow the activity.
City or County Township
City or county name Township name
w 4
CITY OF
MEMORANDUM
TO:
FROM:
• DATE:
ME
FILE NO.
MAYOR
Barb Brancel
COUNCIL
Kristi Stover
Bob Gagne
Rob Daughertv
Daniel Lewis
SHOREWOOD
5755 COUNTRY CLUB ROAD • SHOREWOOD, MINNESOTA 55331 • (612) 474 -3236
Mayor and City Council
Brad Nielsen
6 May 1992
Commercial Certificate of Occupancy - Technology 80
Property - 24000 S.T.H. 7
Mr. Duane Markus proposes to move his business to the office building located at 24000
State Highway 7. The property is zoned R -C, Residential /Commercial and has a conditional
use permit to be used for offices. Technology 80 is primarily an office use but does include
what I would call an "electronics lab" where circuit boards are designed, tested and repaired.
As mentioned in Mr. Markus' letter (attached), dated 28 April 1992, I have visited their
current location in Golden Valley to determine if the proposed use is consistent with
Shorewood's zoning regulations. Based on my tour of their offices I found that the nature of
the business compares favorably with a medical or dental office, except that instead of x -ray
machines or drilling equipment, they use soldering irons and computers. Importantly, the
proposed use is not anticipated to generate the amount of traffic that medical or dental offices
would.
Based upon the inspection of their current operation it is recommended that the certificate of
occupancy be approved. Mr. Markus has been provided with a copy of the restrictions
imposed by the R -C District and feels that Technology 80 will have no difficulty complying
with them. Although this item has been included on the consent agenda for Monday night's
meeting, Mr. Markus will be there to answer any questions the Council may have about his
business.
cc: Jim Hurm
Tim Keane
Duane Markus
A Residential Community on Lake Minnetonka 's South Shore
3.1-4•
a
r
April 28, 1992
City Council
City of Shorewood
5755 Country Club Road
Shorewood, MN 55331
Technology 80 Inc.
658 Mendelssohn Ave. No. • Minneapolis, MN 55427 • (612) 542 -9545 • Fax (612) 542 -9785
Re: Office Building 24000, Hwy. 7
Shorewood, Minnesota
Dear Council:
O r company has entered into a purchase agreement to purchase the above referenced office building.
The building has approximately 16,000 square feet of office space, 7,000 of which has not been finished.
We propose to purchase the building, finish the unfinished space, and occupy this portion of the building.
The existing tenants would remain in their present locations.
Our company is in the circuit board business. The space would be used for general lab, design and office.
Approximately half the space would be lab and design, while the other half would be remodeled into
individual offices, reception and conference rooms.
At present we have 16 full time employees. We do not expect the work force to increase. The present
parking capacity is more than adequate for our need. Our product is not sold retail, and thus customer
parking is not a concern.
t ur ur city planning director, Mr. Bradley J. Nielsen, visited our office on Wednesday April 15, 1992. The
pose of his visit was to familiarize himself with space requirements of our office and business. It is
his opinion that our business meets the requirements of your zoning regulations and that our company
would be a welcome addition to the city of Shorewood.
In order to proceed with the purchase of the building and ultimately move our company to Shorewood,
we need your approval that our company by moving into this building will not violate any zoning
regulations.
Since ly,
l�« A-;
Duane Markus
President, CEO
cc: Bradley Nielsen
Planning Director
City of Shorewood
5755 Country Club Road
Shorewood, MN 55331
a' l
RESOLUTION - 92
A RESOLUTION RELATING TO DOHERTY PETITION /GARDENDALE ROAD
WHEREAS, the petition of Thomas J. Doherty and Diane L. Doherty
(hereinafter "Petitioners") was duly filed with the City of
Shorewood on February 4, 1992, wherein Petitioners did represent as
follows:
1. That Thomas J. Doherty and Diane L. Doherty are the
owners of the property adjoining or abutting the easterly line
of that portion of Gardendale Road, a dedicated but undeveloped
public street in the City of Shorewood, described as followss
That part of Gardendale Road dedicated in the plat of
• Minnetonka Manor Second Addition which lies northerly
and easterly of the following described lines
Beginning at the point of intersection of the west
line of said Gardendale Road with a line parallel with
and 35 feet northeasterly of, measured at right angles
to, "Line All described as followss
, "Line All being a line drawn from a point in the
Northwesterly line of Lot 1, Minnetonka Manor
Second Addition, distant 149.4 feet northeasterly
from the Northwesterly corner of said Lot 1 to a
point in the easterly line of said Lot 1 distant
106.36 feet south along said easterly line from
the Northeasterly corner of said Lot 1;
thence southeasterly parallel with said "Line All a
distance of 32 feet; thence southeasterly deflecting
right 36 degrees to its intersection with the East
line of Gardendale Road, and said line there ending.
2. That Petitioners have an equitable interest in the property
abutting the west line of the north 106.36 feet of said Gardendale
Road as described above.
3. That Petitioner's driveway, as now maintained, and
residence encroach upon said Gardendale Road.
4. So long as an alternate intersection with and access to
said public street is provided from Manor Road, said portion of
Gardendale Road as described below would no longer be useable as a
public roadway or for any of the purposes for which it was
dedicated for public use.
3 175.
That Petitioners desire and request that the City Council
proceed to vacate said portion of that certain public street
described as follows:
That part of Gardendale Road dedicated in the plat of
Minnetonka Manor Second Addition which lies northerly
and easterly of the following described lines
Beginning at the point of intersection of the west
line of said Gardendale Road with a line parallel with
and 35 feet northeasterly of, measured at right angles
to, "Line A" described as follows:
"Line A" being a line drawn from a point in the
Northwesterly line of Lot 1, Minnetonka Manor
Second Addition, distant 149.4 feet northeasterly
from the Northwesterly corner of said Lot 1 to a
point in the easterly line of said Lot 1 distant
106.36 feet south along said easterly line from
the Northeasterly corner of said Lot 1;
0
thence southeasterly parallel with said "Line All a
distance of 32 feet; thence southeasterly deflecting
right 36 degrees to its intersection with the East
line of Gardendale Road, and said line there ending.
That said vacation be contingent upon Petitioners deeding to
the City of Shorewood on or before June 30, 1992, fee title to the
following described property:
The Southwesterly 35 feet of the following described
parcel: That part of Lot 1, Minnetonka Manor Second
Addition, lying Northwesterly of a line drawn from a
point in the Northwesterly line thereof distant 149.4
feet Northeasterly from the Northwesterly corner
thereof to a point in the Easterly line thereof
distant 106.36 feet South along said Easterly line
from the Northeasterly corner thereof, according to
the plat thereof on file and of record in the office
of the Register of Deeds in and for Hennepin County,
Minnesota.
WHEREAS, due published notice as.to said Public Hearing to
consider the vacation of the right -of -way, hereinafter described,
was given as required by law. Said published notice appearing in
the Excelsior and Shorewood Edition of the Sailor Newspapers dated
February 19 and 26, 1992; and
4
J
WHEREAS, the said Public Hearing was held at 7115 o'clock P.M.
on March 9, 1992 in the Council Chambers in the City Hall of the
City of Shorewood, and no one appearing in opposition and it
appearing to be in the interest of the public that said portion of
Gardendale Road as petitioned be vacated.
NOW THEREFORE BE IT RESOLVED, by the City Council of the City
of Shorewood, Minnesota that the portion of Gardendale Road
described as follows:
That part of Gardendale Road dedicated in the plat of
Minnetonka Manor Second Addition which lies northerly
and easterly of the following described line:
Beginning at the point of intersection of the west line
of said Gardendale Road with a line parallel with and
35 feet northeasterly of, measured at right angles to,
"Line All described as follows:
"Line A being a line drawn from a point in the
Northwesterly line of Lot 1, Minnetonka Manor
Second Addition, distant 149.4 feet northeasterly
from the Northwesterly corner of said Lot 1 to a
point in the easterly line of said Lot 1 distant
106.36 feet south along said easterly line from
the Northeasterly corner of said Lot 1.
thence southeasterly parallel with said "Line All a
distance of 32 feet; thence southeasterly deflecting
right 36 degrees to its intersection with the East line
of Gardendale Road, and said line there ending.
be and the same is hereby vacated by the City of Shorewood,
Minnesota.
PROVIDING HOWEVER, should Petitioners fail to perfect their
record title in and to the following described property:
The Southwesterly 35 feet of the following described
parcel: That part of Lot 1, Minnetonka Manor Second
Addition, lying Northwesterly of a line drawn from a
point in the Northwesterly line thereof distant 149.4
feet Northeasterly from the Northwesterly corner
thereof to a point in the Easterly line thereof
distant 106.36 feet South along said Easterly line
from the Northeasterly corner thereof, according to
3.
f
the plat thereof on file and of record in the office
of the Register of Deeds in and for Hennepin County,
Minnesota.
and deliver to the City of Shorewood, as grantee, a warranty deed
in and to said property on or before June 30, 1992 then this
Resolution shall lapse and be of no further force and effect.
BE IT FURTHER RESOLVED, that upon receipt of a deed from
Petitioners, as above provided, the City Clerk be, and hereby is
instructed to cause a certified copy of this Resolution to be filed
in the office of the County Recorder, Hennepin County, Minnesota.
Passed and adopted by the City Council of the City of Shorewood
this day of , 1992.
Barbara J. Brancel, Mayor
Attest:
James-C. Hurm
City Administrator
•
TJI{ : HT $ s 4.
s
CITY OF
MAYOR
Barb Brancel
COUNCIL
Kristi Stover
Bob Gagne
Rob Daugherty
Daniel Lewis
SHOREWOOD
5755 COUNTRY CLUB ROAD • SHOREWOOD, MINNESOTA 55331 • (612) 474 -3236
MEMORANDUM
TO: Planning Commission, Mayor and City Council
FROM: Brad Nielsen
DATE: 30 April 1992
RE: Hrdlicka, David - Simple Subdivision /Combination
FILE NO.: 405 (92.08)
BACKGROUND
Mr. David Hrdlicka plans to add on to his existing home located at 5280 St. Albans Bay
Road (see Site Location map - Exhibit A, attached). The house is situated at the rear of the
lot, creating a problem with respect to setback requirements. Rather than request a
variance, Mr. Hrdlicka proposes to purchase additional property behind his in order to
• comply with the Zoning Ordinance.
The property is zoned R -lA and contains 29,400 square feet of area. The house is only 15
feet from the rear lot line. To correct this nonconformity the applicant proposes to
purchase approximately 38 feet of the property to the west. This results in his property
having 33,850 square feet and allows him to add onto his existing home in compliance with
R -1A setback requirements. The lot from which he is acquiring the additional space still
retains 60,525 square feet.
ANALYSIS/RECOMMENDATION
The applicant should be commended for his positive approach to resolving his setback
problem. The division /combination results in bringing his house into conformity with City
Code requirements.
A Residential Community on Lake Minnetonka's'South Shore
Re: Hrdlicka, David
Subdivision/Combination
30 April 1992
The proposal does require that existing drainage and utility easements along the rear lot line
of the property be vacated and replaced along the new rear lot line. The vacation of the
existing easements has been scheduled for a public hearing before the City Council on 11
May. Approval of both the division /combination and the vacation of easements is highly
recommended subject to the following:
1. The applicant; must submit up -to -date title opinions for the properties involved.
2. The division /combination must be recorded at Hennepin County within 30 days of the
applicant's receipt of the Council resolutions approving the division /combination and
• easement vacation.
BJN:ph
cc: Jim Hurm
Tim Keane
Joel Dresel
Dave Hrdlicka
Glenn Froberg
i_
cn
36 f f O
14 z
13
ti (13) ( 7 )
\ \ • �3
6
6 >�S 60 Sy (21) A
6> �, 7 sue.
(22) V _
9 Ji 8 's
LOT '- quo sued No 1117 J \ �'�1. ..:... 3, 10 �'s( 24) (23)
(25)
o a
(45) 0'14 0• �Q ••
1 (29).
~O •\
lum 141 146. 14 14 146.38 30 301
If 82.4 r 335.08 120
ST. ALS ti
M (4 1) ( 12)
GREEN 1 i (13?
5
rn '
(44) -
1 .
VAC DOC No 69
1072685 k 'Z� (33)
.03 �� �l 1,4 ti „
col �t N '4
-
J '(17) {
�J �ti 3 ` � ao �s• rt C4 =) e1
(2 •;� - - - -;
�N 1;(16 - r z �� el.
.. y 16
17 0 ( 34 } N
SNOWS
1 �-
LOT 76 40 :20 �A
�^
AU SA 141 55 2 8 4 Q4 3� _ ♦g
NO 141 3 .... -
+ O / 9 43
t3 ' � (8) C`Z 210= 327.44 ® (23)
(23) 34 . 64..... C• \�ti” °A 1 � ° ��, 39
,d o�S� }►i,tiZ o ( 2)
g► ( } , , 4 L3 s' LOT
(24) J 73 LOT
1 ?!�
s0• 40 c
LOT 77
ti 2\ 22 (1 •�' y n e \ 91 �GO�9l
a: � \0' 1 i �A' \OS J 4n
\0 �� �_�•'� (6�� ° r te
)
(1) 901 N� 8,�. 3 (32)��•s� ' %`' �,'
J LOT�
8
C (17)
( 56) \ A.
IV
-s
3 � -
L1 °
in cw
\ -
(11} Z \ \68.241a5E9 " - l0T 75
O
40 1.66.9 18U
26 (25) r
s, 1
�a
Exhibit A
I .oti s;6 2, 6 SITE LOCATION
eP 555. ,
• • °J.
W
Q
o
w _
O Q �-
q Z
Q tz z
Q t] W Q"
h ow wQ
o uJh Q
0- ? u
a <D Q o
a !- O F
LA
t- uJ w w
v v� �W tn
?W
�'`. ••5 �1 `gy / �
• Y 2� �
v �
9
c •
r-
N
m�
m
o t -
. m
t y
. r
i
i
r
r
r
r ..
a
,J.•o s S � 9L.0 Z
v -
i M
90 D1• m
o \.... os
Q) 1J w ro N
C
w 4J O w
w O of 0
V w
c ro c w
O N X '1
Q) c w
34 w J; •• ?+
.c x 4J $4
+J w O c w
JJ 0 1•J
+J >, O N
U
.• t~ G 3
a w V c
wv•.fw
'CJ N w m N
w w O w 0
•O3UC
la J- U r-
cu:3 C c
w O aJ O
la N N - ..
w N W N
wmVwOc
c ,c ro rq w
w bJ 4J +J >, J-J
N •••a ••r k
w F a w
�
o
>, w ;J >.
a >1 ro o N -�
.y I
• a4 $a 3 N
fu 4
W = C W 4J 4J
O w ro +Jw 0
0 0 S] 7J w 0
U O4• , 1 w N
ro N tT
w
N
t3N Ln J
c
o --4 W w r-
-4 >, c m v
J-J -4 4.) c
-H .4 •o ro
b aJ w c
10 O ro
b U N
CL wJr
-4 o J•J ro
O +J CD •-•i •.-1 V
3w
m 4 -w
ZwN 0 -4
C +J w 4) - 1 b
o aOJC • -+m
N w a V ro.
in E X 44 c ro c
z Ow O.4 mro
H w'O w-4
F rocwc,cc
CJ. - +J - 0 -4
H .-+ O . U .4
C4 N w 4J
W U c -1
w O c !4 44 44 -
0 O r+
CO X V
w
- w a -4 U
U) .a N >, 3 ro la O
O w u ,c w • - r C
3,.L5,bE o0 S , / �rJ o X -P : w a - w � �
r - cn O O 0. ro - T
S31b'1S3 At19 SNV97V 19 `t ' `Z 4 �' !2m , H a a a U c w w ro a
}o curl XI,M "N a4f }o uorsuafxa XI,M•S
uorf;ppy Acuaw uosdwoyl 'I N - Dcl9 j2 fob }o curl flea I
aw I. 1 XI'm "f} OSZE pUe 44!m lallaJed au,7�
Z
�W
4
a
0
c
.y I
Ul
c
w
N
w
x
w
O
v .
w w
0
F- w
r \ ta
J I „
i ►- u o
w
a 0
Exhibit B
PROPOSED DIVISION /COMBINATION
0
r,
E
r
4-
T
m
c
c
v
c
c
v
ti
If
RESOLUTION NO.
RESOLUTION VACATING CERTAIN DRAINAGE AND UTILITY EASEMENTS
WHEREAS, Notice of Public Hearing on the proposed vacation of certain drainage
and utility easements in the City of Shorewood, Hennepin County, Minnesota, was published
in the Excelsior and Shorewood edition of the SAILOR NEWSPAPERS on the 22nd and 29th
days of April, 1992; and
WHEREAS, said Notice of Public Hearing was posted in three (3) locations in the
City of Shorewood; and
WHEREAS, the Council of the City of Shorewood heard all interested parties on the
question of vacation at a Public Hearing on the 11th day of May, 1992, in the Council
Chambers at the City Hall.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood, Minnesota, that the drainage and utility easements described in Exhibit A,
attached, be and hereby are vacated.
BE IT FURTHER RESOLVED, that the City Clerk is directed to notify the County
Offices in accordance with Minnesota Statutes.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 11th day of
May, 1992.
Barbara J. Brancel
ATTEST:
James Hurm, City Administrator /Clerk
+ f5 -
'r
i
LEGAL DESCRIPTION
Part of Lot 2, Block 1, ST. ALBANS BAY ESTATES
That part of the existing drainage and utility easement lying over, under and across the
westerly 10.00 feet of Lot 2, Block 1, ST. ALBANS BAY ESTATES which lies
southerly of "Line A" described below and northerly of "Line B" described below:
Line A
A line parallel with and 10.00 feet southeasterly of the northwesterly line of said Lot 2,
Block 1, ST. ALBANS BAY ESTATES and its southwesterly extension.
Line B
A line parallel with and 10.00 feet northerly of the most southerly line of said Lot 2,
Block 1, ST. ALBANS BAY ESTATES and its westerly extension.
and;
Part of Lot 2, Block 1, THOMPSON MANOR ADDITION
That part of the existing drainage and utility easement lying over, under and across the
easterly 10.00 feet of Lot 2, Block 1, THOMPSON MANOR ADDITION which lies
southerly of "Line A" described below and northerly of "Line B" described below:
• Line A
A line parallel with and 10.00 feet southeasterly of the northwesterly line of said Lot 2,
Block 1, ST. ALBANS BAY ESTATES and its southwesterly extension.
Line B
Beginning at the intersection of the most easterly line of said Lot 2, Block 1,
THOMPSON MANOR ADDITION with a line parallel with and 10.00 feet northerly of
the most southerly line of Lot 2, Block 1, ST. ALBANS BAY ESTATES according to
the recorded plat thereof, Hennepin County, Minnesota; thence South 80 degrees 59
minutes 29 seconds West assumed bearing, along the westerly extension of said northerly
parallel line, a distance of 20.22 feet; thence South 00 degrees 34 minutes 57 seconds
East a distance of 2.75 feet; thence South 88 degrees 42 minutes 44 seconds West a
distance of 16.50 feet and there terminating.
EXHIBIT A
RESOLUTION NO.
RESOLUTION APPROVING SUBDIVISION AND COMBINATION
OF REAL PROPERTY
WHEREAS, David Hrdlicka (Hrdlicka) is the owner of certain real property in the
City of Shorewood, County of Hennepin, State of Minnesota, legally described as:
"Lot 2, Block 1, ST. ALBANS BAY ESTATES, according to the plat thereof on file
and of record in the office of the Registrar of Titles, Hennepin County, Minnesota."
WHEREAS, Mark Warren (Warren) is the owner of certain real property in the City
of Shorewood, County of Hennepin, State of Minnesota, legally described as:
"Lot 2, Block 1, THOMPSON MANOR ADDITION, according to the recorded plat
thereof, Hennepin County, Minnesota." _
WHEREAS, Hrdlicka has applied for a subdivision and combination of said properties
to form Parcels A and B, legally described in Exhibit A, attached hereto and made a part
hereof; and
WHEREAS, the subdivision and combination requested by Hrdlicka complies in all
respects with the Shorewood City Code; and
WHEREAS, the application was reviewed by the Planning Commission at a regular
meeting held on 5 May 1992, the minutes of which meeting is on file at City Hall; and
WHEREAS, the application was considered by the City Council at a regular meeting
of the Council held on 11 May 1992, at which time the Planner's Memorandum was
reviewed.
WHEREAS, the subdivision and combination reduce the nonconformity of Hrdlicka's
lot.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
1. That the two parcels of property legally described above be subdivided and
combined to form Parcels A and B, legally described and shown in Exhibit A.
2. That the City Clerk furnish Hrdlicka with a certified copy of this resolution for
recording purposes.
3. That Hrdlicka record this resolution, together with a drainage and utility
easement as described in Exhibit B with the Hennepin County Recorder or
Registrar of Titles within thirty (30) days of the date of certification.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 11 th day of
May, 1992.
Barbara J. Brancel
ATTEST:
James Hurm; City Administrator /Clerk
4.(,-
%k
PROPOSED LEGAL DESCRIPTION
Parcel A
Lot 2, Block 1, Thompson Manor Addition, according to the recorded plat thereof, Hennepin
County, Minnesota. Except that part lying southerly of the southwesterly extension of the
northwesterly line of Lot 2, Block 1, St. Albans Bay Estates, according to the plat thereof on
file and of record in the office of the Registrar of Titles, Hennepin County, Minnesota and
easterly of a line parallel with and 37.50 feet westerly of the most westerly line of said Lot
2, Block 1, St. Albans Bay Estates and its southerly extension.
• Parcel B
Lot 2, Block 1, St. Albans Bay Estates, according to the plat thereof on file and of record in
the office of the Registrar of Titles, Hennepin County, Minnesota. And that part of Lot 2,
Block 1, Thompson Manor Addition, according to the recorded plat thereof, Hennepin
County, Minnesota lying southerly of the southwesterly extension of the northwesterly line of
said Lot 2, Block 1, St. Albans Bay Estates and easterly of a line parallel with and 37.50 feet
westerly of the most westerly line of said Lot 2, Block 1, St. Albans Bay Estates and its
southerly extension.
•
EXHIBIT A
.
PROPOSED DRAINAGE AND UTILITY EASEMENT
Part of Lot 2, Block 1, THOMPSON MANOR ADDITION
That part of Lot 2, Block 1, THOMPSON MANOR ADDITION,
according to the recorded plat thereof, Hennepin County,
Minnesota described as follows:
Beginning at the intersection of a line parallel with
and 10.00 feet northerly of the southerly line of said
Lot 2 and a line parallel with and 37.50 feet westerly
of the most westerly line of Lot 2, Block 1, ST. ALBANS
BAY ESTATES according to the recorded plat thereof,
Hennepin County, Minnesota; thence Northerly along said
parallel 37.50 foot - westerly line to the southwesterly
extension of.the northwesterly line of said Lot 2,
Block 1, ST. ALBANS BAY ESTATES; thence northeasterly
along said southwesterly extension to a line parallel
with and 10.00 feet southerly of the northerly line of
said Lot 2, Block 1, THOMPSON MANOR ADDITION; thence
southeasterly along said parallel 10.00 foot southerly
line to a line parallel with and 10.00 feet westerly of
the most westerly line of said Lot 2, Block 1, ST.
ALBANS BAY ESTATES; thence southerly along said
parallel 10.00 foot westerly line to a line parallel
with and 10.00 feet southeasterly of said southwesterly
extension of the northwesterly line of Lot 2, Block 1,
ST. ALBANS BAY ESTATES; thence southwesterly along said
parallel 10.00 foot southeasterly line to a line
parallel with and 27.50 feet westerly of said most
westerly line of Lot 2, Block 1, ST. ALBANS BAY
ESTATES; thence southerly along said parallel 27.50
foot westerly line to said line parallel with and 10.00
feet northerly of the southerly line of Lot 2, Block 1,
THOMPSON MANOR ADDITION; thence westerly along said
parallel 10.00 foot northerly line to said point of
beginning.
EXHIBIT B
RESOLUTION NO. -92
A RESOLUTION ESTABLISHING A
STREET SPECIAL ASSESSMENT TASK FORCE
WHEREAS, the Shorewood City Council desires to adopt a policy
for financing street reconstruction with consideration to the
following:
• At the time 'a new street is built the owner or developer
has the responsibility to pay for the improvements.
• Maintenance during the normal life of a street, including
simple overlays, is the responsibility of the City as a
whole.
• At the time the City determines the street needs
reconstruction with corrective base and drainage work
• adjacent property owners shall bear a portion of the cost
of a typical1- 24 - - feetH urban cross- section street. Such
cost shall be established once each year by the City
Council estimate upon recommendation of the City
Engineer, and
WHEREAS, the City Council wishes to establish a Task Force to
develop a Street Reconstruction and Financing Policy and Ordinance
for presentation to the City Council within six months of the first
meeting of the Task Force;
NOW THEREFORE BE IT RESOLVED by the City Council of the City
of Shorewood that a temporary Street Special Assessment Task Force
is created to operate within the following parameters:
PURPOSE:
• The Task Force is created to investigate, make recommendations
on and prepare a draft policy and ordinance to present to the
City Council, regarding fair and equitable financing of street
reconstruction including sources from state aid funds, general
revenue and special assessments.
OBJECTIVES•
The Task Force shall address a full range of issues in their
report to the City Council related to establishing and
implementing street special assessment policies:
• Definition of "rebuilt street"
• Fair and equitable method and procedure of special
assessing.
• Percentage of cost to be specially assessed (amount of
assessment is not to exceed benefit).
• All streets, local and MSA designated are to be included.
TASK FORCE MAKE UP:
The Task Force shall be made up of the following voting
members:
• A City Council member
• A Planning Commission member
• Three Shorewood residents
The Finance Director and City Engineer shall be non - voting
members and provide staff support. The City Council shall
appoint the members and designate the chairperson by separate
resolution.
EXPENDITURE OF FUNDS:
Expenditure of funds in the form of engineering staff support •
shall be authorized in advance by the City Council. Normal
City policies and procedures shall be'followed.
PROCEDURES:
Meetings shall be called by the Chair by requesting the City
Administrator to send a notice of the time and place of the
meeting and an agenda to the committee members. Notices will
be posted at regular locations and mailed to the press at
least 48 hours in advance of the meeting.
SUNSET:
The mission of the Task Force shall be completed and it shall
cease to exist following final report to the City Council,
within six (6) months of its first meeting, but not later than
December 31, 1992.
PASSED AND ADOPTED BY THE CITY COUNCIL of the City of
Shorewood this 11th day of May 1992.
Barbara J. Brancel, Mayor
ATTEST:
James C. Hurm
City Administrator /Clerk
t
MAYOR
Barb Brancel
COUNCIL
Kristi Stover
Bob Gagne
Rob Daugherty
Daniel Lewis
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD • SHOREWOOD, MINNESOTA 55331 • (612)
MEMORANDUM
TO:
Planning Commission, Mayor and City Council
FROM:
Brad Nielsen
DATE:
15 April 1992
RE:
Upper Lake Minnetonka Yacht Club - Proposed Rezoning to L -R District
FILE NO.:
405 (92.06)
BACKGROUND
The Upper Lake Minnetonka Yacht Club (U.L.M.Y.C.) is located at 4580 Enchanted Point --
(see Site Location map - Exhibit A, attached). The Club would like to build a clubhouse
facility on the property as shown on Exhibit. B, attached. In order to do so they have
requested a rezoning to L -R, Lakeshore Recreational District.
The roP e rtY Y
is currently zoned R -1C, Single- Family Residential and contains 47,800
P
square feet (1.1 acre) of area. The Club was granted a conditional use permit in 1978 (see
Exhibit C, attached), pursuant to Shorewood Ordinance No. 77 which allowed yacht clubs
in single- family zoning districts. That Ordiriance was subsequently amended, eliminating
yacht clubs in residential districts and establishing a specialized zoning district for such
activities - the L -R District. Since the Yacht Club has never applied for L -R zoning, it
currently exists as a nonconforming use in the R -1C District. As such, no expansion,
structural alteration, or increase of use of the site is allowed by Code under the current
zoning.
Despite their best efforts to comply with the Code, a number of areas of their plan require
variances. These will be explained later in this report.
ISSUES AND ANALYSIS
A. Zoning Requirements. Section 1201.24 of the City Code contains the requirements of
the L -R, Lakeshore Recreational District. The purpose of the L -R District (Subd. 1.)
is to recognize the desirability of recreational facilities on the lake, while emphasizing
the importance of protecting the residential areas nearby. n
A Residential Community on Lake Minnetonka's South Shore
f
Re: U.L.M.Y.C. Rezoning to L -R
15 April, 1992
Following is how the U.L.M.Y.C. request complies with the requirements of the L -R
District:
L -R/S Requirement
Lot area:
Lot width:
Lot depth:
Setbacks
Front:
Side (from res.):
Rear (lake):
Bldg. height:
Number of slips:
60,000 sq. ft.
200 ft.
150 ft
35 ft.
50 ft.
- 50 ft.
36 ft. /2 stories_
1/600 sq. ft. of harbor - 82
1/2500 sq. ft. of lot area - 19
Min. lakeshore:
250 ft.
Bldg. area:
1500 sq. ft. -lst floor
Dock setback (from side):
20 ft.
Dock length:
200 ft.
Access street:
24 ft. dust free surface
Parking spaces:
1 space /boat slip
Parking setback (from lake):
50 ft.
Parking setback (from street):
35 ft.
Signage:
10 sq. ft.
Lot coverage:
30%
U.L.M.Y.C. Proposal
47,800 sq. ft.*
385 ft.
60 - 223 ft.
63 ft.
50 ft.
50 ft.
2 stories (assumed)
30 slips*
295 ft.
1400 sq. ft. -1st floor
30 ft.
175 ft.
12 ft. gravel*
30 spaces
40 ft.*
15 ft.*
unknown
29.9%
* indicates noncompliance
The parking setback from the lake may be able to be corrected by some modification
of the parking lot design. The other four deficiencies are not so easily resolved.
At 47,800 square feet, the subject site has only 80% of the 60,000 square feet
required by the Code. This lot area deficiency creates an additional problem in terms
of the number of boat slips allowed. The Code allows one boat slip for every 2500
square feet of site area. Based on this provision, the Club would only be allowed to
have 19 boat slips, 11 less than they currently have.
Perhaps the most significant deficiency of the subject site is the access road serving
the property. The Code requires that the site be accessed by an arterial or collector
street, or a local street approved by the City Council. The street must be at least 24
feet in width with a permanently dust free surface. Enchanted Point is grossly
substandard, being only 12 feet wide with a winding gravel surface and only 24 .feet
of right -of -way adjacent to the Yacht Club property. It is also 1100 feet long without
an adequate turn- around. This presents a serious public safety concern to which there
-2-
Re: U.L.M.Y.C. Rezoning to L -R
15 April 1992
is no apparent easy solution. Requiring additional r.o.w. from the Yacht Club would
wipe out much of their usable area and automatically preclude their use of the site.
Also, requiring the Yacht Club to upgrade the road to 24 feet is likely to be cost
prohibitive for them.
B. General Design Considerations.
1. The proposed parking lot is a one -way system with access via the northerly
driveway and egress via the southerly driveway. The layout of spaces 19 - 23
should be redesigned to allow access to space 21. Also the southerly driveway is
shown encroaching 10 feet into the lakeshore setback.
2. The Zoning Ordinance prohibits parking within required front yards in residential
districts, but allows parking within 15 feet of the r.o.w. in commercial districts.
While the L -R District is not specifically addressed, the Shoreland District
regulations which also apply to this site state that "Where feasible and practical,
all roads and parking areas shall meet the setback requirements established for
structures ...(35') ".
3. The site plan shows unspecified evergreen plantings, approximately 10 feet on
center along the north, southwest and east sides of the parking lot. A more
detailed plan should be prepared by a landscape architect if further consideration
is to be given to the applicant's request.
4. Drainage is proposed to be handled by a small pond in the southerly tip of the
site. A baffled weir conducts stormwater to the lake. This plan must be
approved by the City Engineer and Watershed District.
C. Neighborhood Concerns. Our office has received several calls relative to the Yacht
Club's proposal. The access road is the most common and significant concern raised.
One resident is concerned about the potential-for cooking facilities within the
proposed clubhouse. The only food allowed to be served under the L -R District
provisions is that which is dispensed from vending machines.
It has been alleged that the knoll located just south of the building may actually be an
Indian burial mound. Staff has referred the question to the State Historical Society
for investigation. The applicant believes that this issue has been resolved in the past
and hopes to provide documentation to that effect.
RECOMMENDATION
When the Yacht Club initially proposed to apply for L -R zoning it was hoped that the
improvements necessary for compliance with the Code would set a desirable precedent for
other multiple dock facilities in Shorewood.
-3-
Y
Re: U.L.M.Y.C. Rezoning to L -R
15 April 1992
It now appears that such compliance would defeat the Yacht Club's purpose of increasing
the use of the Club. At the same time, the variances necessary to accommodate their
proposal appear to defeat the purpose of the Zoning Ordinance. As a consequence the Club
may be better off remaining as a nonconforming use until they can find a more suitable
location for an enhanced facility.
BJN:ph
cc: Jim Hurm
Joel Dresel
Tim Keane
Skip Jewett '
Robert Rascop
1
Iy
(20) ? ` (7): i ��* f (22). �. ; ?N (30S ;n
d r (28)
cm
t (27)
(26I x t (��) b : t • •
� t�S•E � za
e• '
10 NIrS (11) -(12) 8 ly �' �(13)H IT
r; e
7ry
ENC-KA ED
'. �•t• ° • s �' i' b' 1 ' • T o ;. of � r . r r rDU. r � 1 (1)
b 61.52 01. SZ • ^6 , /
(131 1 Lx
zoo
1�er'th
I _ 1 �� LA P •,' 1
LAKE M /NNETONKA
(UPPER LAKE 1
� ti ENCHANMO /SLANG
EDGEW000 RD
Exhibit g —
SLTE LOC!A'.CION
Upper Lake Minnetonka Yacht Club - I —
Proposed Rezoning
a ll
z �c..
I' SPRAY /SLANG
I SHADY ISLAND PT
, .
4
2. SHADY ISLAND TR
I
_ PHELPS BAY
/ 3 SHADY ISLAND CIR.
r
SPRAY /SLANG
I _ 1 �� LA P •,' 1
LAKE M /NNETONKA
(UPPER LAKE 1
� ti ENCHANMO /SLANG
EDGEW000 RD
Exhibit g —
SLTE LOC!A'.CION
Upper Lake Minnetonka Yacht Club - I —
Proposed Rezoning
a ll
z �c..
4
tl
IP
i
r M
b
a
Ny
� 74 ` -
c ?� ` j /
10
._ -,j . Viµ
� 1 'fi • f �
' � �I _i' •J•1P�1 ��TT
r /
Exhibit B
PROPOSED SITE PLAN
UPPER MINNETONKA YACHT CLUB %* Is M7
The Upper Minnetonka Yacht Club was formed in 1963 by lake resident Dick
Leavenworth. Since its inception, the club has maintained property and
dock facilities on Enchanted Island on the Upper Lake.
UMYC is a sailboat racing organization dedicated to enhancing the sport
both locally and regionally. The club sponsors races for six fleets:
E scow, C scow, M -16 scow, X boat, J -22 keel boat and PHRF keel boats.
All fleets are one - design, except for the PHRF fleet, which races by
handicap.
. UMYC is open to all persons interested in promoting sailing on the Upper
Lake. Approximately 125 members are involved each season. Membership
dues are tailored to fit the needs of each family or individual. UMYC
offers four membership opportunities: senior, intermediate, junior, and
associate.
UMYC sponsors 45 races each season. The races are divided into 6 -10
series and include several Cup races, depending upon the fleet. All races
are conducted on Saturday afternoons, Sunday mornings and Wednesday
evenings. The schedule is divided into several series, which allows
sailors to race by series rather than by the whole race schedule.
In addition to our own events, UMYC is associated with several Regional
and National sailing associations. These associations include: Inland
Lake Yachting Association, `a regional association for scows; J -22 National
Association; and the United States Yacht Racing Union. UMYC members are
eligible to participate in their sanctioned events, such as local,
regional and national regattas.
In addition to the racing calendar, UMYC offers a sailing school program
using X boats and Optimist dingy prams. The club also directs and staffs
a sailing program in conjunction with the Westonka Community Services.
Classes are offered for beginners to advanced sailors, children and
adults, with morning, afternoon and evening sessions. The boats used
include X boats and Optimist dingy pram, as well as sailboards.
Exhibit C
CLUB DESCRIPTION
Dated 16 March 1992
.
ftf :50L UTION 110. 30 -78
11
C7
11
•
0
WHEREAS, the Upper I. ik.r- P9i.nnetrinka Yacht Club, a nose- prorit i1trtnA-
sota corporation, with headquarters in the City Shorewood, Hennepin
County, Minnesota, has made application for a conditional use permit to
operate a yacht club under and pursuant to authority granted by Shorewood
Zoning Ordinance No. 77, and
WHEREAS, the applicant is in fact a bona fide club and has presented
evidence to that effect; the Commodore of the club being Dr. Richard
Leavenworth, Shorewood, Minnesota, and Vice Commordore being Richard Put
nam, Wayzata, Minnesota, and
WHEREAS, the -Upper Lake Minnetonka Yacht Club is the fee owner of
the following described property, to -wit:
Lots 1 and 2, Block 4, Enchanted'Park all of which is located on
Enchanted Island in the City of Shorewood and -
WHEREAS, pursuant to the application, the City of Shorewood did hold
a public hearing preceded by published notice in the official newspaper
Of the City, and at which hearing all interested persons were heard.
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of
Shorewood does:
1. Hereby make the following findings:
a) The proposed use of property described as Lots 1 and 2,
Block 4, Enchanted Park as and for a yacht club will not
have a substantial or undue adverse effect upon adjacent
property, the character of the neighborhood traffic con-
ditions, utility facilities, and other matters affecting the
public health, safety and general welfare.
b) The use of the above - described property as and for a yacht
club as hereinafter authorized will be in the opinion of
the City Council be designed, arranged and operated so as
to permit the - development and use of Neighboring property
in accordance with the applicable district regulations as
contained in Ordinance No. 77.
2. Hereby grant to the Upper Lake Minnetonka Yacht Club a condi-
tional use permit to operate a yacht club on property described as
Lots 1 and 2, Block 4, Enchanted Park, subject, however, to the follow -
ing limiting provisions:
a) That upon and attached and in conjunction with the use of
said property may be located lifts, slips, docks. and
Exhibit D
EXISTING C.U.P. - 1978
• r
� Resolution No. 30 -78
- 2 -
buoys capable of storing and keeping not more than 30 boats
during the docking season, and such facilities shall not
extend beyond 200 feet of the shoreline.
b)
That the applicant shall on or before May lst of each year
file with the City Clerk a sketch of the dock buoys and slip
arrangement, and obtain a yearly license for the operation
and use of the docks, buoys and slips authorized by this
conditional use permit.
c)
That no launching of boats shall be permitted from the site.
d)
That no winter storage shall be permitted on the site except
that lifts which are part of the dock arrangements may be kept
on the site during the off season, plus one-pontoon boat may be
kept on the site.
e)
That the designated parking area on the site shll provide
parking for 30 vehicles and motor vehicles shall not be
allowed to be parked in any area except that designated for
parking.
f)
That this permit shall not be deemed to include authorization
for location, construction or use of any building on the site.
g)
That no boat trailers shall be stored or kept on the site.
h)
That the site shall not be used for camping or overnight use
by members of the club or their guests.
i )
That the club shall enforce a curfew tilne of 12:00 o'clock
midnight.
J)
That the premise$ shal not be rented out to other clubs or
organizations.
k)
That the premises shall be maintained in a negt and clean
manner.
1) That activities on the premises shall not create a nuisance
or noise so as to impair the comfort or convenience of
persons in the neighborhood.
m) That violation of city statutes or ordinance of the City of
Shorewood shall not be permitted on these premises.
Dated: April 24, 1978
Adopted by the City Council of the City of Shorewood this
24th day of April, 1978.
D -Z
El
April 11, 1992
APR 13 IGIR
To JAMES C. HURM AND SHOREWOOD CITY COUNCIL MEMBERS
Re: Upper Lake Minnetonka Yacht Club rezoning and parking
on the Enchanted Island Point property.
1) The privacy and quietness of this island and our
residential area is the prime value to us as homeowners.
We believe that further development of the Yacht Club
would diminish these values.
• 2) The existing very poor quality of the surface of our
Enchanted Point Joad is highly unsuitable to any increase
in traffic.
3 � The two sharp curves on the Enchanted Point - Zoad will
become even more dangerous for us as pedestrians, and for
the children in our area, and for the local traffic.
4) Dust from the Yacht Club auto traffic is highly
objectionable now. Any increase further decreases our
comfort level. All this dust has real negative ramifications
on our property value.
5) 'fie question the Yacht Club's :teed, as they already own
commercially zoned lakeshore in Spring Park.
6) Other negatives suchr as the loud howling :whistle from
mast lines, and squashed daylilies from 'cars parking on
our garden, we try to overlook. They were property
owners before us in this.neighborhood.
In conclusion, we would greatly appreciate keeping this area
as completely residential as it is currently.
Thank you for your consideration.
Sincerely,
Paul and Jeanne Englund
4 5 4 5 Enchanted Point
Shorewood Minnesota 55364
.
Exhibit E
RESIDENT CORRESPONDENCE
ALAN AND NoFm GREENE
2645 CASCO POINT ROAD
WAYZATA, MN 55391
April 17, 1992
Mr. Skip Jewett, Commodore
Upper Minnetonka Yacht Club
3546 Ivy Place
Wayzata, MN 55391
Dear Skip:
In Response to your request that I research the question of
40 whether our Enchanted Island Yacht Club property has an
Indian Burial Mound .... I have the following to report:
Our property does not have an Indian Burial Mound.
I first obtained a book from the Hennepin County Library
entitled BL /RIAL MOC1Nt7S OF CENTRAL AIINNESOTP by Lloyd A.
Wilford and published in 1969 by the Minnesota Historical
Society. Some, not all, of the mounds in Hennepin County
are written about in this publication. Of these, three
croups on Lake Minnetonka are included ( Halpin, and
Malmsten Groups of Mounds). A copy of the pages relevant to
Hennepin County Mounds is attached for your review.
The above publication led me to a much earlier publication
that is the source for all writings on the subject since the
turn of this century. This publication is entitled THE
ABO17IGINLS OF 1v1INNE'SOTA by Theodore E. Lewis, 1911.
The work of Theodore Lewis was many years in the making and
includes a survey of all Indian Burial Mounds either known
or thought to exist at that time in the State of Minnesota.
It is an exhaustive study that has been used extensively
since publication, inasmuch as many of these anthropological
sites have since been excavated or disturbed beyond recovery
in t he name of progress.
1 read all pages relevant to Lake Minnetonka's Burial Mounds
and have the following to report:
No Burial Mounds were located on Enchanted Island. There
were several groups not far from our land. Notably on
Phelps Island (Island Park), Howard's Point, The land
between Lake Minnetonka and Lake Zumbra, Big Island, and
on the strip of land between.Halstead'n. Bay and Lake
Minnetonka.
rc.d 11 -;-o -4z e F)
r'
All of the Burial Mounds were typified by much smaller
mounds of earth on top of the actual burials, than we
find our hill to be. The largest burial mound found on
Phelps Island (from amongst many) was 322' in diameter
and .just 5 ft high. That mound was part of a group of
eleven mounds. As you know, our hill on the property is
much higher and larger in diameter. It is also a hill
that stands alone (not part of a group of hills).
Almost all mounds were built in groups.
(11) together on Phelps Island
(98) at Gideon's Bay
(2Q) at Starvation Point (Now Brackett's Point)
along Bartlett Blvd
etc.
The book by Lewis is greatly valued by the Minnesota Histor-
ical Society, and not able to be either checked out or cop-
ied on a machine (such copying damages the fragile binding
and dries out the pages) . I was however., able to photograph,
pages with my camera, and thus did so.
Attached are photos of relevant pages that are best read
with a magnifying glass. The pages are continuous from page
2'.x'4 thru 441 under the major heading "Mounds of Lake
Minnetonka."
Conclusion. Because our hill on the yacht club property ha -.
been passed over by those that researched the
area quite extensively, and
Because our hill on the yacht club property -
does not conform to a size that the Mound
builders typically used, and
Because our hall on the yacht club property is
a single hill with no others that would have
have accompanied it in what might have been a
group of Burial Mounds, therefore,
I conclude and recommend to the directors of
the Yacht Club that there is no reason for our
members or our neighbcrs to be concerned that
we might deface what could be an anthropologi-
cal site worth preserving. The hill on our pro-
perty is not an Indian Burial Mound.
ctful/1-k yours,
Alan Greene
Board Member
•
0
TO: Planning Commission, Mayor, and City Council of the
City of Shorewood
FROM: James Thibault
4565 Enchanted Point Road
DATE: April 21, 1992
SUBJECT: Statement objecting to the request to change the zoning
from R -1C, Single - Family Residential District to L -R,
Lakeshore Recreational District, and to requested
variances at 4580 Enchanted Point Road
This statement expresses my opposition to the following requests:
1. To change the zoning from R - 1C, Single- Family Residential
District to L- R, Recreational District and;
2. To seek several variances, which if the zoning were approved
and the variances approved, would permit construction of a
new building, parking area, driveways and docks for "water -
harboring of boats ".
(There is only one permitted use in the L -R district,
"water- harboring of boats ". Section 1201.24: Subd. 2a)
L - R, LARESHORE RECREATIONAL DISTRICT
First, I want to address the matter of the requested zoning
change from R -1C, Single - Family Residential to L -R, Lakeshore
Recreational. In my opinion, this request must be denied for the
following reasons:
1. For property to be zoned L -R and to avoid an outright
violation of ordinance, it must meet the lot area and public
road requirements before the zoning on the site can be
changed to L -R. Key requirements are:
a. "Lot area - not less than 60,000 square feet." (Section
1201.24: Subd. 3a).
Comment - The subject property contains 47,800
square feet. This zoning ordinance requirement is
not satisfied.
b. Access - "Access to site shall be from public arterial
or collector streets as defined by the Comprehensive
Plan or from a street approved by the City Council and
r e ,A. A P.G. rAt 4 -;�-!-q2
shall be free and clear to a minimum width of twenty -
four feet (24 of driving surface." [Section 1201.24;
Subd. 5k (3)].
Comment - The access (Enchanted Point Road) is
not a public arterial or collector street, nor to
my knowledge, a street approved by the City
Council for use for "water- harboring of boats ",
the only use permitted in the L -R district.
Further -more, Enchanted Point Road is not free and
clear to a minimum of 24 feet of driving surface.
The width is about 12 feet as stated in the staff
report. This zoning requirement is not satisfied.
C. Access - "All access roads and driveways shall be
. surfaced with a permanently dust -free surface; the
proposed facilities, including roads, driveways and
parking areas shall provide for drainage of surface
water runoff in accordance with the storm drainage plan
adopted by the City Council. No direct drainage to the
lake shall be permitted." [Section 1201.24; Subd. 5
(4)].
Comment - Enchanted Point Road is not surfaced
with a permanently dust -free surface. This zoning
ordinance requirement is not satisfied.
d. Minimum requirements - "In' their interpretation and
application, the provisions of this Ordinance shall be
held to be the minimum requirements for the promotion
of the public health, safety and welfare." (Section
1201.01 subd. 4b).
Comment - Clearly, the L -R requirements are the
minimum. To zone a parcel L -R which fails to meet
the minimum is contradictory to the ordinance.
This zoning ordinance requirement is not
satisfied.
Thus, the property does not qualify for L -R zoning and in my
opinion the City must therefore deny the request, because to do
otherwise would be a violation of the City's zoning ordinance.
If the requested zoning were approved, it would set a highly
unfavorable precedent for approving L -R zoning on almost any lake
property having a modest size lot and located on any local street
or cul -de -sac.
2. To zone the subject property L -R would, in my opinion,
constitute illegal spot zoning. Not only does the site not
meet the City's own zoning requirements as just expressed,
but it would constitute a spot relative to zoning in the
entire area and there would be no basis for creating this
particular spot zone. (Please see Attachment 1).
2
3. There is no sound or rational basis to change the zoning on
this property to L -R given the existing use of the property
and other circumstances surrounding the subject property and
abutting property. More specifically:
•
•
a. This site is at the end of a long cul -de -sac. The City
Staff report indicates the cul -de -sac is 1,100 feet
long. That is the length until you get to Enchanted
Lane. Enchanted Lane is also a cul -de -sac or a street
with a loop at the end. The distance from the subject
site to the first road which is not a cul -de -sac or
dead -end and which provides a true alternative means of
access to the area other than by water, is about two
miles.
b. Enchanted Point Road is not suitable for heavier
traffic or emergency vehicles or for the use intended
by L -R zoning or the applicant.
C. All property abutting the site is used for single
family housing. The subject site is highly visible
from abutting single family sites. (A more appropriate
location for this kind of use would be adjacent to a
public or regional park and /or adjacent to a
commercial, office or industrial location or adjacent
to a similar use.)
Thus, the requested L -R zoning fails to meet the minimum
requirements established by Shorewood's zoning ordinance and, in
my opinion, to change the property to L -R zoning would cause a
major substantive conflict, if not a violation of the City's
ordinance. Even if this point is rejected, the subject property
is still not suitable for the requested zoning because it would
constitute inappropriate /illegal spot zoning, the access is
grossly inadequate, the roadway width and lack of surfacing is
deficient, and existing uses and neighborhood conditions do not
justify L -R zoning.
VARIANCES
Secondly, I want to address the matter of the requested
variances. As I understand it, there are two sets of laws that
are applicable to judging or considering variances. These laws
include the City's zoning ordinance, and the State Statute.
The City zoning ordinance:
1. Provides for "variances from the literal provisions of this
Ordinance in instances where their strict enforcement would
cause undue hardship because of circumstances unique to the
individual property under consideration, and to grant such
variances only when it is demonstrated that such actions
will be in keeping with the spirit and intent of this
Ordinance."
3
Comment - If it can be shown there is an undue
hardship with L -R zoning, then the property should not
be zoned L -R. Secondly, granting the variances can not
possibly be in keeping with the spirit and intent of
the Ordinance which, of course, includes the L -R
district minimum requirements for basic lot area,
minimum lot area per slip, minimum access roads,
minimum setbacks, etc. This requirement of the zoning
ordinance is not met.
2. Establishes Conditions Governing Consideration of variance
requests and states "A variance from the terms of this
Ordinance shall not be granted unless it can be demonstrated
that:
(1) Special conditions and circumstances exist which
are peculiar to the land, structure, or building
involved and which are not applicable to other lands,
structures, or buildings in the same district:
(a) Special conditions may include exceptional
topographic or water conditions or, in the case of
an existing land or parcel of record, narrowness,
shallowness or shape of the property." [Section
1201.05 Subd. 2b (1) and (a)].
Comment - Nothing is peculiar about the!land as
related to this section. No buildings exist on the
site. Topographic conditions, water, narrowness,
shallowness or shape are not exceptional other than the
site is not of adequate size for "water- harboring of
boats" and not at the excess intensity sought by the
applicant.
3. "Literal interpretation of the provisions of this Ordinance
would deprive the applicant of rights commonly enjoyed by
properties in the same district under the terms of this
Ordinance." [Section 1201.05 Subd. 2b (2)].
Comment - In my opinion, the current zoning does not
deprive the applicant of rights commonly enjoyed by
properties in the same district. The site could be
used for a single family dwelling and a conditional use
permit was granted to use the property as a yacht club
subject to specified conditions. The L -R zoning does
not deprive the applicant of rights commonly enjoyed by
properties in the same district. Because the lot and
road conditions and other factors prevent use of the
lot for "water- harboring of boats" is reason enough why
the subject property should not be zoned L -R.
4. "The special conditions and circumstances do not result from
the actions of the applicant." [Section 1201.05 Subd. 2b
( ]
4
Comment - Clearly the applicant is the one creating
this situation by first applying for the L -R zoning,
and then by trying to over- develop the site.
•
•
5. "Granting the variance requested will not confer on the
applicant any special privilege that is denied by this
ordinance to other lands, structures, or buildings in the
same district." (Section 1201.05 Subd. 2b (4)J.
Comment - I am not aware that the City has granted
variances or special privileges like these requested to
any other property zoned L -R. If special privileges or
variances of this type were granted, the City should
take a stand on not granting such privileges and
variances, otherwise almost any property on the lake
could be zoned L -R and variances granted. The
precedent is then set.
The State Statutes allows the board to hear requests for
variances where their strict enforcement would cause undue
hardship because of circumstances unique to the individual
property under consideration and to grant such variances only
when it is demonstrated that such actions will be in keeping with
the spirit and intent of the ordinance. Undue hardship" as used
in connection with the granting of a variance means the property
in question cannot be put to a reasonable use if used under
conditions allowed by the official controls, the plight of the
landowner is due to circumstances unique to the property not
created by the owner, and the variance, if granted, will not
alter the essential character of the locality. Economic
considerations alone cannot constitute undue hardship if
reasonable use of the property exists under the terms of the
ordinance." (Please see Attachment 2).
Comment - The undue hardship, if there is one, is caused
by the applicant's requests. If the requested variances
were granted, they would not be in keeping with the spirit
and intent of the ordinance 'as previously stated. If the
variances are granted, the essential character of the area
would change. The requested variance, in my opinion, do not
meet the statutory requirement.
All variances requested must, in my opinion, be denied because:
1. The owner has reasonable use of the property under the
existing zoning and in fact the property could be reasonably
used for single family housing similar to other property in
the R -1C District.
2. The subject property has no conditions justifying granting
variances with regard to setback from the lakeshore, setback
from the roadway or from other provisions since there is no
condition on this site which prevents it from meeting
setback requirements under any of the R -1C provisions or
even the requested L -R zoning. The proposed over -use of the
5
property for buildings, parking, boat slips, etc. is behind
the request which in and of itself, goes beyond reasonable
use and -such over -use is inconsistent with the City's own
ordinance relative to the intensity L -R land can be used,
the number of boat slips per 2,500 square feet of lot area,
the minimum setbacks, etc.
3. The owner, by requesting L -R zoning, creates the conditions
being requested to be abated by the variances. If one
concludes these conditions are created by the Planning
Commission and City Council, if they were to adopt the L -R
zoning, then this indicates it would be improper for the
City to change the zoning since this would be establishing
zoning on property which does not permit a reasonable use.
CONCLUSION
The requested zoning change from R -1C, Single - Family Residential
District to L -R, Lakeshore Recreational District, and for the
requested variances, must be denied for the reasons stated above.
There may be additional reasons for denial based on the
provisions of the L -R district related to site plan and other
provisions (Section 1201.24: subd 4), but materials received to
date are insufficient to determine compliance with the
provisions.
Finally, I request that this statement be made a part of the
record considered by the Planning Commission and City Council
when and during the Planning Commission's and City Council's
consideration and action on the requested zoning change and
variances.
4 r�e ,e a e �
L
Excerpt from
MINNESOTA STATUTE §452.357
68. Spot zoning
Spot zoning is preferential treatment, piece -
meal zoning, and the antithesis of planned
zoning. Amcon Corp. v. City of Eagan, 1984,
348 N.W.2d 66.
Rezoning of single 1.18 acre tract of land
from single family and low - density residential
to high - density residential was not shown to be
illegal spot zoning, wlicre owners of neighbor -
ing single- family residences proved no substan-
tial diminution in their property value due to
rezoning, property on two sides of the subject
tract was already zoned high- density resi-
dential, and record showed sufficient justifica-
tion for the rezoning as proper exercise of
. legislative power for the public welfare. State,
by Rochester Ass'n of Neighborhoods v. City of
Rochester, 1978, 268 N.W.2d 885.
"Spot zoning" is a label applied to certain
zonine amendments invalidated as legislative
acts unsupported by any rational basis relating
to promoting public welfare, and applies to
zoning changes, typically limited to small plots
of land, which establish a use classification
inconsistent with surrounding uses and create
an island of nonconforming use within a larg-
er zoned district and which dramatically re-
duce the value for uses specified in the zoning
ordinance of either the rezoned plot or abut-
ting property. State, by Rochester Assn of
Neighborhoods v. City of Rochester, 1978, 268
N.W.2d 885.
Enactment of spot zoning ordinances or
amendments to comprehensive zoning ordi-
nances under the police power which result in
a total destruction or substantial diminution of
value of property affected thereby without just
compensation therefor constitutes the taking of
property without due process, and that is par-
ticularly true where motivating basis for such
an enactment is furtherance of esthetic con-
cepts of nearby property owners not called
upon to make compensation to the owner for
resulting Ioss in value of his property. Alcxan-
der v. City of Minneapolis, 1964, 267 Minn.
155, 125 N.W.2d 583.
Where certain piece of property, previously
zoned as residence property, was rezoned to
business property in November, 1946, upon
petition signed by owners of property within
1,000 feet, change of zoning classification back
to residential did not involve spot zoning, with-
in general meaning of that term, and did not
place upon property involved any restrictions
greater than that property involved upon sur-
rounding property. Op.Atty.Gen., 477 —B-34,
June 12, 1951.
ATTACHMENT 1
Excerpt from
MINNESOTA STATUTE §462.357
Subd. 6: Appeals and adjustments. Appeals to the board of appeals and
adjustments may be taken by any affected person upon compliance with any
reasonable conditions imposed by the zoning ordinance. The board of
appeals and adjustments has the following powers with respect to the zoning
ordinance:
(1) To hear and decide appeals where it is alleged that there is an error in
any order, requirement, decision, or determination made by an administra-
tive officer in the enforcement of the zoning ordinance.
(2) To hear requests for variances from the literal provisions of the ordi-
nance in instances where their strict enforcement would cause undue hard-
ship because of circumstances unique to the individual property under consid-
eration, and to grant such variances only when it is demonstrated that such
actions will be in keeping with the spirit and intent of the ordinance. "Undue
hardship" as used in connection with the granting of a variance means the
property in question cannot be put to a reasonable use if used under
conditions allowed by the official controls, the-plight of the landowner is due
to circumstances unique to the property not created by the landowner, and
the if granted, will not alter the essential character of the locality.
Economic considerations alone shall not constitute an undue hardship if
reasonable use for the property exists under the terms of the ordinance.
Undue hardship also - includes, but is not limited to, inadequate access to
direct sunlight for solar energy systems. Variances shall be granted for earth
sheltered construction as defined in section 116J.06, subdivision 2, when in
harmony with the ordinance. The board of appeals and adjustments or the
governing body as the case may be, may not permit as a variance any use that
is not permitted under the ordinance for property in the zone where the
affected person's . land is located. The board or governing body as the case
may be, may permit as a variance the temporary use of a one family dwelling
as a two family dwelling. The board or governing body as the case may be
may impose conditions in the granting of variances to insure compliance and
to protect adjacent properties.
Subd. 6a. It is the policy of this ` state that handicapped persons and
children should not be excluded by municipal zoning ordinances or other
land use regulations from the benefits of normal residential surroundings.
For purposes of subdivisions 6a through 9, "person" has the meaning given in
section 245A.02, subdivision 11.
ATTACHMENT 2
April 21, 1992
Brad Nielsen
City of Shorewood
H air
5755 Country Club Road International Dairy Queen, Inc.
Shorewood MN 55331 5701 Green Valley Drive
Minneapolis, MN 55437 -1089
P.O. Box 39 286 Dear Mr. Nielsen
Minneapolis, MN 55439 -0286
Telephone: (612) 830 -0200
Re: Upper Lake Minnetonka Yacht Club (UMYC) Zoning Change
Our family recently received word of the proposed building plan by UMYC. We
oppose any change from the current use.
The family has owned the land at 4485 Enchanted Point Road for over seventy
years. I appeared before the Council in opposition to the UMYC when it was
first approved. At that time, UMYC representatives assured the opposing
• neighbors that it would be a limited use and it was not the intent to ever
change the character of the area.
I strongly recommend that the request for the building development by UMYC be
denied for the following reasons:
1. UMYC must live up to its previous commitment to the Council and
neighbors in getting their initial approval.
2. The roadways cannot support the additional traffic. Development
costs of any expanded roadway would be high and could impact the
neighbors bordering the road. Our property probably has the longest
footage along the roadway.
3. I feel there are some real environmental concerns in light of the
additional traffic and the need to take out a lot of trees to widen
• the roadway.
4. The additional traffic and activity will raise the noise level while
at the same time lowering the value of the surrounding properties.
5. Because this area is isolated from the rest of Shorewood, police
protection is limited. There has been a problem in the past with
speeding sailors on those narrow roads after races are over. In
addition, if a new building is opened year round,it would bring more
strangers into the area, drawing attention to homes where residents
are gone for the winter.
Please call if you have questions on any part of this letter.
Yours truly,
William C. Zucco
Vice President - Law
612/830 -0314
WCZ /jmg
�- r , j . e F. 6 . m� 4-;Li-q7-
_ MAYOR
.' Barb Brancel
COUNCI L
Kristi Stover
Bob Gagne
Rob Daugherty
r 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: 16 April 1992
RE: Skipperette - C.U.P. for Gas Pumps and Variance to Parking Requirements
FILE NO.: 405 (92.07)
BACKGROUND
Mr. James Pyle, owner of the Skipperette store located at 19215 State Highway 7 (see Site
_ Location map - Exhibit A, attached), is requesting a conditional use permit to install gas
pumps on his site. He also requests variances for the number of parking spaces required
and to the setback requirements for parking spaces.
A staff report, dated 31 May 1989, prepared for a similar request by Mr. Pyle provides
complete background on the site (see attachment, copied in yellow). _Having received a
negative recommendation from :the Planning- Commission - at that time, he withdrew his
application before it ever went to the City Council.
The current proposal differs from the previous one in that the gas pumps are located on the
west side of the building and no overhead canopy is proposed. Other differences will be
discussed further on in this report.
ISSUES AND ANALYSIS
A number of the issues raised in the 1989 report remain unresolved with this latest
proposal. At the same time, the applicant proposes certain improvements which increase
the conformity of the site.
A Residential Community on Lake Minnetonka's South Shore,
r
.1
Re: Skipperette - C.U.P.
16 April 1992
A. R.O.W. Discrepancy. These is a question as to where the easterly boundary of the
property is located (he shows the centerline of Vine Hill Road, whereas the County
half- section maps show 33 feet of r.o.w.). This impacts the measurement of
setbacks. For purposes of this report, setbacks will be measured from the traveled
surface of the street. If the applicant objects to this determinaiton, he should provide
a title opinion from his attorney which proves where the property line exists.
B. Conditional Use Permit. The applicant's plan reduces the number of variances
proposed in his 1989 request. However, the following variances still remain:
1. Setbacks. Spaces 1 - 3 are located five feet from the front property line. Fifteen
feet is the minimum setback. It should be noted that the new plan eliminates
paving which currently encroaches into the right -of -way.
2. Number of Spaces. The Code requires 13 spaces for the proposed use. Including
the spaces which encroach into the setback area, he shows nine spaces. The
applicant asks that the spaces at the pump be allowed to be counted as parking
spaces. Shorewood's Ordinance does not allow this, but there are some
indications that our requirements may be outdated with respect to convenience
store parking. Staff will research this item further and report on it at the hearing.
3. Use of Required Parking Area. The Code states that required parking spaces
must be used exclusively for parking. This issue is raised because little room is
provided on site for storage of snow. As such, snow tends to get piled in spaces
provided for parking. If approved, the C.U.P. should specifically state that
required parking spaces will remain open for customer parking. Similarly,
parking space is not to be used for sale of used cars.
4. Parking /Driveway Grade. One of the most significant problems with the previous "
proposal and this one, is the grade of the parking lot, especially the northerly
driveway. The Code limits the grade to a maximum of five percent. The grade
on the subject property is closer to 10 percent. Both the City Engineer and Fire
Marshal have cited this as a serious problem.
If the Planning Commission feels the applicant's plan has merit, the application
should be tabled until he provides a detailed grading plan showing existing and
proposed contours. This plan must be prepared by a registered civil engineer.
The plan should also address how drainage will be handled.
5. Circulation. The Fire Marshal should be asked to comment on the 10 foot aisle
width proposed for the gas pump lanes.
-2-
Re: Skipperette - C.U.P.
16 April 1992
6. Landscaping. The east 15 feet of the site will be landscaped with unspecified
"deciduous shrubbery". Any approval of the C.U. should be subject to a
detailed landscape plan prepared by a landscape architect. Proposed plantings
should be resistant to snow and road salt.
7. Signage Plan. None have been submitted.
r
RECOMMENDATION
Although the revised plan is substantially improved over the 1989 proposal, variances have
not been eliminated entirely. The parking setback and driveway grade variances raise
serious concerns. Similar to the 1989 application, the applicant has not demonstrated what
hardship exists - that he is unable to make reasonable use of his property without them. If, -
however, the City feels the plan has merit, the application should be tabled pending review
of detailed grading and landscaping plans.
BJN:ph
cc: Jim Hurm
Tim Keane
Joel Dresel
Craig Jordan
James Pyle
-3-
o
.... ......
ILS 40590
N S
o - (%'i), ,
W 945 t6
284. t IZI 4 - 4
F
HILL O F
(39)
Z
r o b
I 2 W 45
FA a �,� -t- k-
284.56 121 Lot g 7 1 70..-Lo Sc ta it lmls�
29 309.( z: 112 47 w '31548-E
' Or o . 131
LCJ •
4 Part at Lot 19
AUD.SUB'D.No.141
to
Z52
IL4 E zt 3 v
4.29 N 0 9,5
10• O� \0
'
5 Lot wo
-Tl
m
Lot 22
\60
:�-ot 4 z
J•D 19 . 11.. ' tq.l
so
"j.
W.
A
I cu)
M
a
,a J -- 3: (38)
to
Lot 29
5040
35)
30
lly
t
arO 2 \0
166
Part of 25 41A k IF
k4\
A. j
p X-45 L-0
s '4)
9 z s 9 1 , 1 4,
00.6
A* Part of Lot 26
3
To
tl
141
21, 'J
- I Q pfi
10 1�3
4.
X
4 A) A)
200
15 4
f� z RD
16 —
.. �l ..I
.1 ;l 1 VA\ , ... . I
la - SjL 00 ;,Al, a 0,51
�' `,4 I 1).DB,a61 I A .. .1
41
4
5
(3
log f to*
93
N g V\
(0)
Z, 04) 2 d
eQ (4)
1 37 5 2
(n 6
135. S >
5
534.
64 0
7, all
6")
7 113-i.
Lot 33
�A
o
zb X0.02 Pis. Exhibit A
SITE LOCATION
Sldpperette - C.U.P. and Variances
.
_ North
CJK\3lNC y
l
I \ Ex \sS INC- EDGE ;
+ \ /
1 '3 fl
Gal
_ - r ` •• •rl_v�t
/
J
IVA
C
,
r ;
j`
j i R1itY#D
l
t ! • �RI�°i'iriQ� '
t rBKIPPERETTE.,
cl
� nI
1 n CeHn I 1
1 '
R Wf z ; E
k'7
� I 1 W r ►�liR
RNA
Exhibit B
PROPOSED SITE PLAN
FILE COPY
March 10, 1992 App, 13 1992
Attn: Brad Nielsen
City of Shorewood
5755 Country Club Road
Shorewood, MN 55331
Reference: Legal Notice, Skipperette Grocery to add fuel pumps.
Gentlemen:
This letter is to express my opposition to the referenced
proposal. There are gas stations on either side of the
Skipperette Grocery (approx. 2 miles) and the addition of
another gas station would not, in my opinion, benefit the
community.
The cost, in terms of environmental hazards (fuel spills,
leaking tanks, battery acid, antifreeze, and other noxious
chemicals associated with gas stations) far outweigh the
benefits of another gas station, if any.
Thank you for the opportunity to express my concerns.
Sincerely,
Martin R. Wellens
4755 Lakeway Terrace
Shorewood, MN 55331 M
470 -9395
Exhibit C
RESIDENT CORRESPONDENCE
HLE CORY
5117 Vine Hill Road
Minnetonka, MN 55345
APR 1 4 1992
Brad Nielsen
Planning Director
City of Shorewood
5755 Country Club Road
Shorewood, MN 55331
Re: P.I.N. 25-117-23-41-0028
Request for Conditional
Shorewood
0 Dear Mr. Nielsen:
Use Permit by Mr. James Pyle, 19215 State Highway 7,
I am providing the following comments in response to the notice of a public hearing for the
Planning Commission to consider a request for a conditional use permit by Mr. James Pyle,
owner of the Skipperette grocery store. I am the owner and I reside in a home located at 5117
Vine Hill Road, Minnetonka, which is located diagonally across the street from the Skipperette
store. Following are my points against the granting of a conditional use permit for the
installation of fuel dispensers at the site.
• Traffic and ingress - egress to the store now causes problems for adjacent property owners.
Increasing traffic volumes by having fuel dispensers would compound the existing
situation.
• Some of the users of the grocery cause litter problems on my property, and adjacent
properties. The litter problem occurs on a daily basis. I , am concerned that the
installation of fuel dispensers with the associated waste products generated by self - service
or full - service fuel stations, will increase the amount of litter that impacts adjacent
properties including my property.
• The site appears to be poorly designed for placement of fuel dispensers. It appears that
placement of dispensers will encroach on property lines regardless of location.
• The site has a steep slope in the front parking area, thereby increasing vehicle safety
concerns and environmental concerns for run -off of any spilled fuel. Air emissions from
fuel dispensing may be an environmental and health concern. Benzene, a component of
gasoline, is a suspected carcinogen.
• Placement of fuel dispensers on the property will change its use and probably have a
negative impact on adjacent property values, especially residential property along Vine
Hill Road.
Exhibit D
RESIDENT CORRESPONDENCE
• Increased lighting for the fuel dispensers will detract from the residential properties along
Vine Hill Road.
• Granting the requested permits will change the use, and may cause additional changes for
use of the property. The property is currently used by private individuals to park vehicles
which are marked "for sale ". If vehicle storage, additional parking were permitted, it may
have an adverse value impact on adjacent residential properties.
• Several fuel service stations already exist along Highway 7, providing service to users of
the area.
I appreciate the opportunity to present my position on this issue.
Sincerely,
Craig L. Johanesen
cc: Bill Hise, Minnetonka City Council
f�
MAYOR
Jan Haugen
COUNCIL
Kristi Stover
Robert Gagne
Barb Brancel
Vern Watten
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: 31 MAY 1989
r RE: SKIPPERETTE - C.U.P. AND VARIANCE FOR MOTOR FUEL SALES
FILE NO.: 405 (89.18)
BACKGROUND
The attorney for James Pyle has requested a conditional use permit and
variances to add motor fuel sales to the Skipperette convenience grocery
store, located at 19215 State Highway 7 (see Site Location map - Exhibit A,
attached).
The property is zoned C -3, General Commercial and contains approximately
17,725 square feet of area. (Note: The area of the site may only be 13,598,
depending on the extent of r.o.w. for Vine Hill Road). Land use and zoning
• surrounding the property are as follows: ,
north: S.T.H. 7 then commercial in Deephaven
east: Vine Hill Road then single - family residential in Minnetonka,
zoned residential
south: parking for adjoining off ice, zoned C -3
west: office building, I zoned C -3.•
The existing store measures 42' x 50' and contains 2100 square feet of floor
area. The applicant proposes 'to add two gas pump islands covered by a 24' x
44' canopy.
The site has access to both Vine Hill Road on the east and the Highway 7
service road on the north. Access on Vine Hill Road is poorly defined with
approximately 110 feet of the site opening onto the street. The applicant
proposes to replace five parking spaces on the north side of the building and
six spaces on the east side with three angled stalls on the west side of the
property, four parallel stalls on the south side and three parallel stalls on
the east side of the building (see Exhibit B). Circulation is proposed to be
one -way, counterclockwise around the building. In attempt to comply with
current zoning requirements the applicant has reduced the access to Vine Hill
Road to a 25 foot driveway opening on the east side of the building.
A Residential Community on Lake Minnetonka's South Shore
Re: Skipperette
C.U.P. and Variances
31 May 1989
U
As stated in the request letter (Exhibit C), dated 19 May 1989, the
applicant's attorney feels that only one variance is needed, for the number
of parking spaces required. The Zoning Ordinance requires 13 spaces, while
the applicant proposes 10. As will be pointed out further on in this report,
other variances are also necessary.
ISSUES AND ANALYSIS
Based upon a review of the proposed site plan and pertinent sections of
Shorewood's City Code, several issues have been raised, many of which are
illustrated on Exhibit D.
A. Vine Hill Road R.O.W. Discrepancy The proposed site plan has been based
upon a metes and bounds legal description of the property which describes
the site as extending to the centerline of Vine Hill Road. The Hennepin
County half - section maps show a full 66 -foot right -of -way for Vine Hill
Road (see Exhibit A), and a 1988 survey provided by the applicant shows a
33 -foot road easement for Vine Hill Road. Nevertheless the applicant's
attorney advises that no record exists of any r.o.w. or easement having
ever been dedicated.
This report has been based upon the applicant's attorney's opinion,
giving the applicant the benef it of the doubt. However, the location of
the road r.o.w. (or easement), or the lack thereof, has serious
ramifications relative to the proposed use. For example the proposed
canopy, let alone the existing building, would not comply with setback
requirements.
•
If the City is inclined to approve this request, it is recommended that
the matter first be referred to the City Attorney for his legal opinion
as to how the r.o.w. discrepancy should be resolved.
B. Conditional Use Permit Section 1201.21 Subd. 4.c. contains specific
requirements for gas stations. At least five of the 15 conditions listed
therein (mostly related to parking and circulation) raise serious
questions relative to
'he approval. of the C.U.P. (Note: Items marked
with an asterisk ( *) require variances to Shorewood's zoning
requirements).
1. The existing site is grossly substandard in terms of parking lot
setbacks. The Code requires a minimum 15 foot setback from the
property line. The present parking lot extends to the paved surface
of Vine Hill Road and encroaches into the frontage road r.o.w.* (shown
shaded on Exhibit D). These nonconformities should be corrected at
the time concrete curbing is installed at the perimeter of the parking
lot (Sect. 1201.21 Subd. 4.c.(5)). The applicant shows only a five
foot setback* between the paved surface of Vine Hill Road and his
proposed parking lot.
As shown on Exhibit D the fifteen foot setback restricts what is
already a poorly configured parking and circulation system.
- 2 -
Re: Skipperette
C.U.P. and variances
31 May 1989
2. The Code requires 13 parking spaces based upon the following:
= motor fuel station 4 spaces
convenience grocery: 1 space per
200 square feet of net floor area
(2100 - 10% = 1890 = 200 = 9.45) 9 it
total = 13 it
The applicant proposes 10 spaces *, one of which ( #3) can not be
counted because it is within the setback area *, and two of which ( #1 &
2), if allowed, conflict with ingress and egress at the easterly
driveway. It should be realized that whether or not these spaces are
allowed, people will have a tendency to park there simply out of
convenience.
. The remaining seven spaces are served by a narrow, one -way circulation
system. The three spaces on the west edge of the site are at severe
angles and parking is required to overhang into the five -foot setback
area *. The remaining parallel spaces are considered poor design for a
convenience store. It is likely that rather than observing the
one -way pattern or having to parallel park, people will park north of
the canopy, or possibly in front of the building, interfering with
motor fuel operations and circulation.
The one -way system, as proposed, will result in vehicular conflict at
the Vine Hill Road driveway. Traffic entering the site from Vine Hill
Road can not be allowed to turn left to the rear of the site because
there is inadequate room to turn around or for two cars to pass one
another. It will be difficult to discourage such movements even with
"do not enter" signage. Even channelizing the driveway may create
confusion or conflict.
3. While the five -foot strips along the west and south sides of the site
meet the minimum requirements of the Zoning Ordinance, they are
inadequate for snow storage. While some. space exists along the
northeasterly edge of the site,. piling snow there may adversely affect
circulation. (Sect.' 1201.03 Suubd. 5. g. )
4. The Zoning Ordinance limits parking lot grades to 5 %. The grade shown
on the applicant's grading plan is twice that steep in two locations.
The entry from the service road and the pump island area are shown as
10% *. If the City considers approving the request it should be
subject to the City Engineer's approval of grading and drainage. The
Eire Marshall also has serious concerns about the potential for fuel
spills ending up in the storm sewer. (Sect. 1201.03 Subd. 5.d.(8)(i))
5. Sections 1201.21 Subd. 4.c.(8) and (9) require screening and
landscaping from abutting residential zoning districts. The
landscaping shown on the applicant's site plan is poorly located,
ineffective for screening* and does not comply with Section 1201.03
Subd. 2.g. The proposed berm is three feet high in only a five -foot
space. The strip would have to be 18 feet wide to accommodate the
- 3 -
Re: Skipperette
C.U.P. and Variance
31 May 1989
required 1:3 slope. Furthermore, if snowplows don't destroy the
shrubs, which are less than three feet from the curb, the snow stored
on them will. The proposed berm and shrubbery also create a
visibility hazard at the easterly driveway. Given the lack of green
space and the insufficient (possibly nonexistent) boulevard, it is
questionable whether effective screening can be accomplished on this
site.
6. No handicapped parking or access ramp has been provided.
7. No plans for signage have been provided. Since gas stations have a
tendency to display many signs, this issue should be addressed as part
of the C.U.P. rather than as a separate sign permit.
• C. Variances In addition to the variance referenced in the applicant's
request letter, six other variances have been identified in the preceding
section. The request letter seems to justify the variances on the basis
of some "community service" - the applicant's elimination of the video
game arcade. It fails, however, to demonstrate what hardship exists
which keeps the applicant from making reasonable use of the property. Is
not the existing convenience store, which was nearly doubled in size by
the previous owner, a reasonable use of a commercial site? Furthermore,
it could be speculated that the previous owner's expansion of the
building adversely affected the future installation of gas facilities.
The statutory criteria for variances specifically state that the plight
of the landowner can not have been created by the landowner. Conveyance
of property does not waive or diminish this requirement.
RECOMMENDATION
Based upon the preceding analysis, little more needs to be said. Simply put,
• the applicant is trying to fit too much on a site that won't accommodate it.
Remember that the issues raised herein are based on the aline Hill Road curb
being the applicant's property line. If, as suggested by the applicant's
survey, r.o.w. or easement does exist, these issues are greatly compounded.
It is therefore suggested that the P.lanning Commission's recommendation to
the City Council should be to deny the request for a C.U.P. and variances.
BJN:ph
cc: Larry Whittaker
Glenn Froberg
Jim Norton
James Pyle
James Robin
Mike Eicher
- 4 -
261158 Res 'fir e.° 5 •� ii.
3318 40590 : 3J o 13 �- + _ x,, • 6
rri I 146.-43 • w U; 14S ,'054 :A 14 4 w
284.88 121 I .a -1 ll `• �ti1T �`�� Q .�
3 I FORE _ 6 i ° HILL= p
ee}}
1� 1 84 I �3 IZ' i.� rluo —� 12
l C In i�tl• 1 '
I 2 09 '� P � f a A T �14•I �•1 Il0 i. Zft.S Z
284.56 121 Lot p 170. w 4• ZIb i ..14 #A �` ' r . I W 19
29309 :511247 r < ti5: • e j ' CAl
133481
1 �yal 4
N , '' Part of Lot 19
4 9
c v AUMSUB'O.Nal41 ' u
25169 656- 33-
212 9 2.w5t •71 iNe �k� .fi /
p
Q6 1 4'
; - � o � �♦ v O 's 'S w s 293.15 '' "' •',: •, r.sye �
9 J � I r• :'l
^.r '� a a te° a y t'6 to5w" N .i 6S' I «° s '• �y6 S O O gO' o (• p 6
ti `o a15�W
i0 Z i 11...5. 1 1, . - 3 E qv 0. °` W_O
a� - .. t5 ,. A66. o �a / ILot y y 6
5 1 ` M / / ( 13 �qqq f J
3 3l) 13�� •k c a
In m D:1`7 _ .1154e1,eJ• .. .0, 75 • . A 1 =� 0°4Wo r';tiX .{ j., _.
,° f r to 115 . ,��, ? 1; . ` q '' 3
�s qq
Lot 2291 :LM S .• k1q _ `:t•`' �"ri
5 198 16 0.:3 1p0 ,,, 1 � 1 R .V'JO (.i • 1 .,1•I� :xc Z.
1s - ��O I �, J, •N JE .r. 3 7 s , Y J ( 27) :a��4 {, LL
It q
N p T
li:.v' I� (U) � 1 ^. .a °' a- 0 0 � 0 1
'� w ,o , u :J 3 ••�
l ij Al
I t �i • zPc\ 5'•.,` =•t
, 10 �; � &a � V U.
Lot 29 \ i i l y z '1 0 517 1 $`... r' ,.e.• /i `oZO 4&40 I O ° `•�'
i� � I � � (33)
,�� le
, 9' . • 1� �7,�e' "
y v �• artof 2 , ,6o v z.4 q .4 _ .,
t. / Port of 25 ar Gin 2co / I65.71 Zoo
tt v e ��.�' f fe8 l j0> jIll j}
9 ll i
CO
C Port of Lot 26 o �: \ Q o ` o .
/ In
( 61 21.i!' JOGf 7l ?04 q _ /; ;5� �� -1 •'._ 4 ;. �
.oi
J "J. N ` la o. a I 200
77 lIi ,� l 4 J
5 v RD °
q �1 , 92 li •. C ,7•gt �.5a�' , y,q
�� ` .6 i ��
.�. I ,�4 ( 1Sf9 •:7:1 f.+S p•�,{ y / foy' 1't i4 •.3 ` 2
`t a pwJ SH ; o: im ° ;o °•, y 5
R t ,�l° 3;a�ta r (?�L _ (�) (',l �a• �,• .
pd 9i
�;
h
\`moo At- }, � . CPO o „
,:, �
Noah i�tYcw 2 ��,G V _—
r J
c - {1) ap 2 e
a;�1 alzG 7 — (31 (4)
to, ..•
17 5Z
J s
� -
- 6 a' :1i
g 3z_4
AAI
_ �. •
�l yr• aat (s7J /A7 �y� af
at11 l .. g0
' •° (b; J) ; (5th '� /
• N
r :;.
Lot 33 w ° S� C.t�1 /AA j1 5. •�� /
'to.9 fo ,ac :o
Exhibit A
2e �o.o2Res.'- SITE LOCATION
Skipperette - C.U.P. and Variances
6
P
y
0 P
P
I
OVOU IIIH 3NIA \
It
< o-
W 1
C
W I� o
cc
\ in
n
O
b
d
Q
n
�a J \� . %�..1{ J s i 1 �1 w,i'r� 1 1f r 3r.1±\ '+ _ I .,
1 1 !)
1 O_.09 CT / /t3
tip` 6 t2
u, o ut it`�",INalo \tvfn rn�ucuc3 -- -- -
o
Lo .0 1 ��
\\ \ \\ I i ► i 1 - 1 O
+
MO
10
\ 1 \ \ - T - I i A w
\� � r 1 I , x c• u n
O
VI
T
J
T
7 LL ,t
ONEE- WAY
1 W
-P ppp n E� J O 1�
,� � ♦ \ N to u� \ �� %
�' Zr - - - - - - -- —... _ ..._._. _ -- _ • - - . c)2 •L 11 IJ - -
LL
r
I
u
� U
0
�I
H
J-1 W
•rl V]
,Ll O
•A al
a
a
ij
:c
J 7
t
1
O�
.J o
,c
C7
z
�G
a
a
a.
l
I
1
r
In
Z
M1 Z lia)
J
L
1 4
OVOU IIIH 3NIA \
It
< o-
W 1
C
W I� o
cc
\ in
n
O
b
d
Q
n
�a J \� . %�..1{ J s i 1 �1 w,i'r� 1 1f r 3r.1±\ '+ _ I .,
1 1 !)
1 O_.09 CT / /t3
tip` 6 t2
u, o ut it`�",INalo \tvfn rn�ucuc3 -- -- -
o
Lo .0 1 ��
\\ \ \\ I i ► i 1 - 1 O
+
MO
10
\ 1 \ \ - T - I i A w
\� � r 1 I , x c• u n
O
VI
T
J
T
7 LL ,t
ONEE- WAY
1 W
-P ppp n E� J O 1�
,� � ♦ \ N to u� \ �� %
�' Zr - - - - - - -- —... _ ..._._. _ -- _ • - - . c)2 •L 11 IJ - -
LL
r
I
u
� U
0
�I
H
J-1 W
•rl V]
,Ll O
•A al
a
a
ij
:c
J 7
t
1
O�
.J o
,c
C7
z
�G
a
a
a.
l
I
ROBIN & THOMPSON, P.A.
ATTORNEYS AT LAW
445 EAST LAKE STREET
SUITE 230
WAYZATA. MINNESOTA 55391
TELEPHONE (612) 475 -1025
TELECOPIER (612) 476 -4447
Maj 1 g 0
May 19, 1989
Brad Nielsen
City of Shorewood
• 5755 Country Club Road
Shorewood, MN 55331
Re: James Pyle /Skipperette
Dear Mr. Nielsen:
Enclosed is a photocopy of the documentation by which Mr. Pyle
acquired his interest in the real property containing the
"Skipperette ". By separate delivery, you will receive a site
plan and variance application fee which describes the
improvements which Mr. Pyle desires to make to the Skipperette
facility. It is my understanding that the revised plan and
application requests a variance only in the "number" parking
spaces.
As you may recall, when Mr. Pyle purchased the Skipperette, the
building housed a small convenience grocery store and a video
arcade. Neighbors, city officials, and the police departments of
both Shorewood and Minnetonka made numerous complaints about the
arcade. Parking and traffic problems were almost continuous as
area youth used the arcade fora meeting and gathering place. In
response to the problems associated with the arcade and in
response to the neighborhood's request for an expanded
neighborhood service facility, Mr. Pyle closed the arcade,
completely remodeled and renovated his building, expanded the
grocery portion of his business, and made plans to add gasoline
sales to his neighborhood services.
As I understand the project, a variance, only for the "number" of
parking spots is needed by Mr. Pyle. We believe that the
variance should be granted by the City of Shorewood based upon
the substantial benefit which has been experienced by the city,
its police department and the neighborhood from the change in
focus of Mr. Pyle's business. The bottom line is that the
business which Mr. Pyle wants to conduct is a "neighborhood
service business" that will:
1. Be consistent with the desires of the neighborhood
Exhibit C
APPLICANT'S REQUEST LETTER
Dated 19 May 1989
Mr. Brad Nielsen
Page Two
May 19, 1989
2. Result in a substantial reduction in traffic and parking
congestion at his facility when compared with the operation of
the video arcade; and
3. Assist the city in better defining and controlling the
intersection between Vine Hill Road and the south frontage road
of Highway Seven.
I hope that you will give Mr. Pyle's request your serious
consideration. I'd appreciate it if you would contact me so that
• we can discuss the matter in person.
Very truly yours,
ROBIN & THOMPSON, P.A.
J
ames G. Robin
JGR:wbs
Enclosure
Ll
Exhibit C -2
L
Q ,
y`Q Ike
W
Q
<
W
O
b
T
1�
y
C
v
IL
W
Q
<
W
O
b
T
1�
y
OVOU IIIN 3NIn
1 9"N.719 VJV(T e5
di
IN ..;•::.�:fi 0-.09... _._._.._.._.� ......... i�Ll
tn
tn 9 1
• N I II
I ; II
I _
I I ; \ ` o? �� • r-h I I
K II
IL
N U l
CC M
I 1
\ L
\ \ \ Q \ In W O A
ix
IL
uJ
In
11 S,• . �p
ONE E' i; >WAY �P
X t
I \
\ \
�
�•�,\,\ ,
-- • %2'Ll/ 7J --
LL In
n
,. w
w
1 0
!I
I CTS
I � C
L
as
p—�
� a
0
ti LI
J
1..
i
I
`J W
r
1 z
W
tl
I
' d
d�
_n C
H
C
H
q a
A 21
+J
•�I c.7
A H
W N
i t
IJ J
LL
4
Q?
I.! O
I 1�
I •'tl
1
r
i
a
z
Y
f+r
Q
a.
I
0
v
,
Op--
►�
Q
O �W I di4..Q
f= W
x �,.1
OVOU IIIN 3NIn
1 9"N.719 VJV(T e5
di
IN ..;•::.�:fi 0-.09... _._._.._.._.� ......... i�Ll
tn
tn 9 1
• N I II
I ; II
I _
I I ; \ ` o? �� • r-h I I
K II
IL
N U l
CC M
I 1
\ L
\ \ \ Q \ In W O A
ix
IL
uJ
In
11 S,• . �p
ONE E' i; >WAY �P
X t
I \
\ \
�
�•�,\,\ ,
-- • %2'Ll/ 7J --
LL In
n
,. w
w
1 0
!I
I CTS
I � C
L
as
p—�
� a
0
ti LI
J
1..
i
I
`J W
r
1 z
W
tl
I
' d
d�
_n C
H
C
H
q a
A 21
+J
•�I c.7
A H
W N
i t
IJ J
LL
4
Q?
I.! O
I 1�
I •'tl
1
r
i
a
z
Y
f+r
Q
a.
I
0
GOOD MUSIC AGENCY INC. '&
May 30, 1989
Shorewood City Hall
Council Chambers
is 5755 Country Club Road
Shorewood, MN 55331
Attn: Brad Nielsen
Dear Mr. Nielsen:
JUN - I
Our office is adjacent to the Skipperette. They have
made alot of noticeable improvements. We feel there is a
big need for gas on the southside of Highway 7.
Please know the Pyle's closest neighbors are
supportive.
Best Regards,
6 4�
r
/✓'
Douglas Brown
President
Good Music Group
DB /tjf
FILL UOPY
\l l'�` ►lUll' �� ll'l' �w l' ��iil'fllil' lit
339 THIRD STREET
EXCELSIOR, MINNESOTA 55331
(612) 474 -5364
April 23, 1992
Brad Nielsen
IS Building Inspector /Planner
City of Shorewood
5755 Country Club Road
Shorewood, MN 55331
RE: Skipperet @_Conditional Use Permit
for' Gas_"Pumps and Variance to
Parking Requirements
Dear Brad:
Upon reviewing the proposed site plan I feel that with the
current grade at the northwest corner of this property the
potential for a serious problem is quite high. Without proper
spill containment any field spillage would currently flow down the
driveway and out onto the frontage road where it could easily find
a source of ignition from passing vehicles and /or flow into the
ditches and storm sewers which would result in a costly clean -up
procedure.
My recommendations for this project is the Conditional Use
Permit not be issued at this time, and that the project be put on
hold until a detailed containment plan is prepared by an authorized
engineering company.
I also have some concern with maintaining the 20 foot wide
Fire Department access lane around the northeast corner of the
building.
Sincerely,
C a'g Jordan
Fire Marshal
CJJ:cj
f
SERVING THE SOUTH LAKE AREA SINCE 1889
DEEPHAVEN • EXCELSIOR • GREENWOOD • SHOREWOOD • TONKA BAY
C) I R S
rte_- KEGc_ -i�1 � kl tS - __L 6 T�fZ
The C, a 0 A nl c. _- _`� ► r`-. _ __-
Hit-
-
i
P YR E W H6 d - �A t s _
9 051 06, - 1(\) CC ubc- VHS
_ -i
J A Le -CSC (s, 5 CULL -
Corn 0)(\jc'�
W kS ti Tn -P, vo o Ro Alc_.
PR0L A�— _—� _o t tcT 10(J
c�eRol -, To c(j`(
otJ � C' -
S
®r - V 10
X46 � a S � 7-6 'zV tk�
i
— —
CJn E Sc CZc� i CE
95 Rk)
rl10 ` - - - - -!J - -_'r t�! 1� n1 ►�'1vv_ R Vic, ti -- �7N' -
70 20
& 7 c -c C-C) t'
A C-
7
i
M
,�• i
t N - -` - - -- S -&
UG
_ - -- f 9
J {
l
11
i
- TO MY NEIGHBORS & CUSTOMERS '
After owning the store for -6 years, many of you have expressed a des-
ire to see gasoline available at the store.
I have submitted a plaza that will be reviewed by the Shorewood Pla
Commission on April 21st at 7:15PM. This plan calls for a 2 pump ope -
ation situated in the west side alley of the store. Our hours would e- (�
main the same of 6:30AM to 11:0OPM. After our remodeling and expansio
some time ago to offer you a broader line of goods, the addition of rgas -- -
would also be of added convenience to you.
The meeting is open to all. If you like, you may also show your support
' ng petition below.
THANKS FOR YOUR HELP.
•
y -I
yl oef
/"
/%� /Z
271.
I I •
F
t
• `u TO MY NEIGHBORS & CUSTOMERS °
After owning the store for• 6 years, many of you have expressed a des-
ire to see gasoline available at the store,
I have submitted a plan that will be reviewed by the Shorewood Planning '
Conmission'on April 21st at 7:15PM. This plan calls for a 2 pump oper-
ation situated in the west side alley of the store. Our hours would re-
main the same of 6:30AM to 11:OOPM. After our remodeling and expansion
some time ago to offer you a broader line of goods, the addition of•gas
would also be of added convenience to you.
The meeting is open to all. If you like, you may also show your support
by signing the petition below.
THANKS FOR YOUR HELP.
JIM & BARB PYLE, VINE HILL MARKET
TM' ''•^'•r'�.±....�.�.•'t".- .r.�t. n' r"^''+ T rtre+' r' r L4^ ja "T"*+ �+ - rrr•T*r^'a'r....�..r r'{�-- '— •- r�- .++.r -.._. _.. ....
Vhf
1f�
r r t t 1 r �} t 1`.•t �a t '
•, ' r t t }'.it a to r}! K � )"�� �� P`�t ' � �if °W���i;���e ?` j,� t l �: � �,� ?r� x � ���i # tt, +'
' M, { 4 L f x 3. ' tt t t •' 4 � i s-. F. 1 � s. -, z'` P J . r .i.
t b - 1 . > � 41 D r ✓�' 7. 1T i 1 x9� r - c �� ,}. �
.,�) �r ` t + ?. �t +.. %> ,l• T Y9 ffk � �ff'%� �, #r'd�:lF ° f'� 1 7 y• y r .
> r t. F" } '` t. 1 r :r t tr' :t ttl, .} �.. •,� °. 1 qt �
P r > y r i rY t .:: ^w f • '4 t t x,; a Nt 'y,1h
!(dt -.t, P Y > •.. x. '
• c• t y I' t .:!> t t t :4' t �. l F. y : �C t+•4 y al. t '�� f 1? I) P �.. ♦ n '
y �0.�
!.' Y+"•
9 'rY'J`A.w..�"1
it {i t N�
7 !.•wr�.. JG_ JS[i t r 1l aEt t Ir1if.J�.Y..
rl t ! ;v L y 4'� o < 4 � � t t .�P �A7} ( ' t + � i � r t ,�. �" y �k� r ,l y r t ! } t ! . ! z t •_
a r� tt
I • 1 f ` :i Y q " J, t•K ;. , y i x M.l , s�4 .�i °669 , ;J. , , a • ,,� �......
i f
_ .a,.,....w '. r I �. y l . .. ,1, «_.._, ` 4�+ / i � .�� ��� 4P i T ��.ls>'f'��t J: /� �; 7 r .�1 �. /'\�
. f'c:t Y ,. Y• e• /' / 1 1 , v %L �� n . P . �„.; {✓ " 1 . f;
... �- ...��.x '' ' � LG..•.f �.+4.+..�..4.A,4.�� � r �# � rr t f( `7 �2 "'���`��
t t ry t�.}*�dot f -� 7 • f "N �'' > ..' ,} � 7 v1��1t 3s:'} 1 i t :t r t t r i � ,t " g 1 t-
.�
+t� ; ////!!!lyyyy /// /►� �[}'� r � " r a ���� 1� i t {?i a ri },•� �t i. i , � i,x•, :;. 7 ,
; } ,r
•, , 3 r �`
A MA"'
� �1 '!. / lt•11t ".fr /� /tom
.ti fi< t'' } Y'tf � ar ti xaj p 1rr ( r t y +i / iJ , i_t ..�_ /_.._ `IV'
f.r W a r • e r a y "/) t f a t S i; t i �' .�3 0.. > F f� qtr f CJ� V7—L
4 ,� r ' -e•' * : !1 T. " Ix r .�.�5�.«SL..G u' ar.1 f a
t ;
Irt
�OTvutt 1 .r + �;� > 1 r �. " .3at r L Rh }il ., .i•«.��� -r - l /
? r 1 6 4r r*y J4 It z i � t .. #1 # r # r.s i t �.`A�L.''�d • 1'• F sz t r...
{Y
0 .
1 f
� � t � 1=f #, t � ✓ s
' " tl t f.,� t � :.r hl .' � :' '.' • - . } 'S•. , I� F � i I l t r � #7'. - Y 1 } � ,, t, ..
. .. _...5.. -- K s a:.. �.. w ..._.,. &.ri,t�'� �• wSi41.9.4��+1� �. ".' � � .a�, t;�� «1.i3!}�
,• (� I/ -
�.___ .... - -,- -�•-• --n . +a a � VY`� :.. .. .!°.._�?� y�� ;;;� 4:+�.� [ .L�.� /�
— -- •. __... _ ys• ��. tSit 'j �ja.3.s `
.�(t•� 'r . f� �} # } >!�•'�yttfti� }h {r /a��,�r y� t 7• � }e' :} 'fa..., `j ,'/ is/.•+,. /_r .. -.
.17''Y • '-. ^• - ..,... ..........,�.�....� .. w+...,L3: ". y i�`?f" t 7 {! .�
• _ 'f r, t � j; � t lei. t r. �i r . ... 1 � .�....
��/45l'"� ..._ ...��O:: �I�?.�.. r�St ` r r '� �� � �. .9' ,..� /�i:° •.�Q
_....... ....... .- c: _ _ ! ,.;L,Y' _ ..._ ���,(�, �.�J.� f x e_ .'!' y 4.• ' t r ., �fJr� `. - /��({ {1(�l
.1910d 7 {.f�- i 71 �"" �' . � . ,n r.. ., 1.. .. ., `�.Q* l r • f r..
Nil
LJ
•
oZ.St�w , - ��1 • _ �3�e�.1� ..._ . J 33 �
v,
396
rJOCO
ham.."
l /SG / g olct keJ SS' 631 ud yn-#C w
� f
VV %.,�( - C.1- f �" "-, h h 3
If 7�
•
TO MY NEIGHBORS & CUSTOMERS
After owning the store for 6 years, many of you have expressed a des-
ire to see gasoline available at the store.
I have submitted a plan that will be reviewed by the Shorewood Planning
Commission on April 21st at 7:15PM. This plan calls for a 2 pump oper-
ation situated in the west side alley of the store. Our hours would re-
main the same of 6:30AM to 11:00PM' After our remodeling and expansion
some time ago to offer you a broader line of goods, the addition of gas
would also be of•added convenience to you.
The meeting is open to all. If you like, you may also show your support
by signing,' "the pe ition below.
THANKS FOR YOUR HELP.
v' u JIM & BARB PYLE, VINE HILL MARKET
ti�� ,
di t A-.,k � o,1 , t 4
C�
J
ti ' S
rz NJ SS33 (
et
TO MY NEIGHBORS & CUSTOMERS
After owning the store for 6 years, many of you have expressed a des-
ire to see gasoline available at the store.
I have submitted a plan that will be reviewed by the Shorewood Planning
Commission on April 21st at 7:15PM. This plan calls for a 2 pump oper-
ation situated in the west side alley of the store. Our hours would re-
main the same of 6:30AM to 11:00PM. After our remodeling and expansion
some time ago to offer you a broader line of goods, the addition of gas
would also be of added convenience to you.
The meeting is open to all. If you like, you may-also show your support
by signing the petition below.
FOR YOUR HELP.
JIM & BARB PYLE, VINE HILL MARKET
0
ez-,-ni
'aj /i5.5 '
rJ�?I
f, 0 5s
i
A ,
av t (x A/
� 533 y. 5 �
a sk �0- c'�dm�
I
.A
..t Kl.
><4__�31�S
Ss 3/
i� AA .�l
1*6
3/
e
5
A�7\ �_ oirc 4t PA)
TO MY NEIGHBORS & CUSTOMERS
LJ
After owning the store for 6 years, many of you have expressed a des-
ire to see gasoline available at the store.
I have submitted a plan that will be reviewed by the Shorewood Planning
Commission on April 21st at 7:15PM. This plan calls for a 2 pump oper-
ation situated in the west side alley of the store. Our hours would re-
main the same of 6:30AM to 11:00PM. After our remodeling and expansion
some time ago to offer you a broader line of goods, the addition of gas .
would also be of added convenience to you.
The meeting is open to all. If you like, you may also show your support
by signing the petition below.
THANKS FOR YOUR HELP.
JIM & BARB PYLE, VINE HILL MARKET
t ,
•
A
� w( j ,.- 7 A-C
"K"
CIO
A lkl �
of rR
/111'7� -)
i
M\(W.1
r -. v . 1
_w
S�Ikou
"1
LM
TO MY NEIGHBORS & CUSTOMERS
After owning the store for 6 years, many of you have expressed a des-
ire to see gasoline available at the store.
I have submitted a plan that will be reviewed by the Shorewood Planning
Commission an April 21st at 7:15PM. This plan calls for a 2 pump oper-
ation situated in the west side alley of the store. Our hours would re-
main the same of 6:30AM to 11:00PM. After our remodeling and expansion
some time ago to offer you a broader line of goods, the addition of gas
would also be of added convenience to you.
The meeting is open to all. If you like, you may also show your support
by signing the petition below.
THANKS FOR YOUR HELP.
JIM & BARB PYLE, VINE HILL MARKET
�,�i,��`1,��5�.. I �Ur ����c�t � 4. � o� �`�'L -cam
7)e &
/_ ti� -, /
41
_17;71
s Z 7 Z z
V I
7171 _
A
I
TO W NEIGHBORS & CUSMffMS
After owning the store for 6 years, many of you have expressed a des-
ire to see gasoline available at the store..
I have submitted a plan that will be reviewed by the Shorewood Planning
Commission on April 21st at 7:15PM. This plan calls for a 2 pump oper-
ation situated in the west side alley of the store. Our hours would re-
main the same of 6:30AM to 11:OOPM. After our remodeling and expansion
some time ago to offer you a broader line of goods, the addition of gas
would also be of added convenience to you.
40
.l
'? 7c' i q:� - 7
-�
(� C _ L
6"t -, / �
TO MY NEIGHBORS & CUSTOMERS
After owning the store for 6 years, many of you have expressed a des-
ire to see.gasoline available at the store.
I have submitted a plan that will be reviewed by the Shorewood Planning
Commission on April 21st at 7:15PM. This plan calls for a 2 pump oper-
ation situated in the west side alley of the store. Our hours would re-
main the same of 6:30AM to 11:OOPM. After our remodeling and expansion
some time ago to offer you a broader line of goods, the addition of gas .
would.also be of added convenience to you.
The meeting is open to all. If you like, you may also show your support
by signing the petition below.
THANKS FOR YOUR HELP.
JIM & BARB PYLE, VINE HILL MARKET
•
is
�
i �
X/0
��►l�rt y Mi
•
•
Item No. 10
CONSIDERATION OF THE FINAL PLAN - GIDEON'S COVE P.U.D.
will arrive under separate cover ...................
MAYOR
Barb Brancel
COUNCI L
Kristi Stover
Bob Gagne
Rob Daugherty
Daniel Lewis
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD • SHOREWOOD, MINNESOTA 55331 • (612) 474 -3236
MEMORANDUM
TO: Mayor and City Council
FROM: Brad Nielsen
DATE: 7 May 1992
RE: Gideon Cove P.U.D. - Final Plat
FILE NO.: 405 (91.05)
Boyer Construction has submitted the final plan for the Gideon Cove P.U.D. Approvals
necessary for this stage of the P.U.D. include: 1) final plat; 2) development agreement;
3) protective covenants; and 4) building plans.
1. Final Plat. The final plat shown on Exhibit A, attached, is consistent with the
preliminary plat approved in February 1992. Plans and specifications for grading,
drainage and utilities have been addressed.by the City Engineer under separate cover
(see letter to Planner, dated 24 April 1992). The plat needs to be revised to show Lot
1, Block 2 (the common area) as an outlot.
It should be noted that the unit lots are platted larger than the buildings will be and
extend into the required setback areas. While this is somewhat typical for this type of
platting, it is extremely important that the protective covenants make it absolutely
clear that the building setbacks are as follows:
Front - 20 feet
Rear - 40 feet
Side - 20 feet between buildings
Side abutting street (Timber Lane) - 35 feet
2. Development Agreement. Attachment 1 is the first draft of the development
agreement for the project. Prior to execution of the agreement and release of the
final plat, the developer must provide the following:
A Residential Community on Lake Minnetonka's South Shore I C)A
Re: Gideon Cove P.U.D.
Final Plat
7 May 1992
a. Construction schedule for site improvements and twinhomes.
b. Local sewer availability charges must be paid for the five units in
excess of the seven originally approved lots (5 X $1000 = $5000).
C. Park dedication fees for five units must be paid (5 X $750 - $3750).
d. Cost estimates for construction of utilities, landscaping and demolition
of the existing house. These estimates will determine the amount of the
letter of credit to be provided.
e. Exhibit B is a proposal by the developer for being compensated for the
portion of watermain outside his plat. There is precedent for the City
to negotiate an agreement of -this type, however, the Council should use
the most recent one prepared for the Galpin Lake Woods project as a
model for this project. A copy of the GLW agreement is attached as
Exhibit C.
f. Reference should be made in the development agreement to the
approved building plans to be kept on file at the City Hall.
g. Prior to the start of any construction, the trees to be saved and moved
must be marked for inspection. Trees to be saved must be protected by
snow fencing.
3. Protective Covenants. The developer's proposed protective covenants are contained
in Attachment 2. In addition to staff review the Planning Commission has made a
number of suggestions relative to the covenants. Following is a compilation of staff
and commission comments:
a. Page 6, Sect. 3 should include a prohibition on parking on the
peninsula.
b. Page 6, Sect. 4 should be expanded to include building setbacks. Also
the allowable encroachments should be consistent with Sect. 1201.03
Subd. 3.c. of the City Code, which provides for two -foot
encroachments of certain architectural features.
C. Page 7, Sect. 6 (a) should limit dock rights to two owners.
d. Page 10, Sect. 4 should clarify the process for addressing amendments
to the covenants.
-2-
Re: Gideon Cove P.U.D.
Final Plat
7 May 1992
e. Page 13, Article VI should provide that the association is responsible
for waste collection, snow removal and lawn maintenance.
f. Page 16, Article IX should reference plans approved by the City, on
file at City Hall.
g. Page 18, Sect. 7 should prohibit storage sheds.
h. Page 18, Sect. 7 delete "without the express written approval of the
board of directors. ".
i. Page 19, Sect. 13 should be changed to read: "...any Lot or Lots for
model or sales office purposes for this project only or from placing... ".
j. Page 22 should include the City of Shorewood as a party to the
agreement.
k. Appendix A, fifth and last paragraphs should include: "Said easement is
also subject to applicable regulations of the Shorewood City Code and
the Lake Minnetonka Conservation District and shall be limited to the
exclusive use of the owner of the above - described lot. "
1. Appendix A should also contain restrictions previously proposed by the
developer:
(1) No boats over 20 feet in length
(2) No shelters or canopies over docks
s
(3) No off - season storage of boats on peninsula
4. Building Plans. Attachment 3 contains the building plans for the proposed
twinhomes. Once approved, these should be stamped and signed and kept on file at
City Hall. References to the approved plans are to be made in the development
agreement and protective covenants.
After the above items have been reviewed, the resolution approving the final plat will be
placed on the agenda for 26 May. Between Monday night and then the developer must
provide an updated title opinion for review by the City Attorney.
cc: Jim Hurm
Tim Keane
Joel Dresel
Bob Boyer
-3-
W
in I-
W
W
Juacuoso3 aeown,Q�
0 o ,V r l I
. 0 0 n
..........
00"011
a ryf`M 0 3.00.9Eo09 0 ao=
h . � ! O 00 m
m
O v .6 ~' I m
C
p 00
00'011 1
cy (0 v 00.01( m
0 1 to
/ .� 0'0�� /
J oo M °
O �• /^_ e d 1 ' Lu
LO Q
00. Eqy p 0
P ) L:J
z �f a
•G P /1 y1D /
t o
N 0 0 O
riT O l.0 � O v� •.' /
3 ^0 � 25.
O 00 '
a I r3.9£,6£.OS
Q O
�8 .� •'•. 1 1
C / O O Op o6Z o ° O °
P 0 oii M oo
7,i ✓ ` og - � /") . O N - _. '7 y ' (♦ ♦(.
0.
CD ep °
N 3 ie S FF,Va /��• '.yam ♦y0�o0 •OG °/ N(u P.
�. o O w
h ��� -�oo•tt - .. j `:....` ' m ZI a5io " ` \\ x.39 �'
GOa / D a 3.p0BNN: .��= t 3115y E oi ' °S p _
po m >
o o borg :.n.o°. e.og \\ Sf �si_�
0
IL
N
'> 0 N � , \ \O a0 IV o ° � 0.
V/ 70 p e 00
4; ..IC /�au,� ,C•aAIng �F 8� pi ♦ o �c
oo'SZ
lb
iv
'.0 11 • oo'L6—
O
1 ouc cocu:ap \ 8661 '8 aunr uo auuajouG
^ Exhibit A
FINAL PLAT
Building Corporation 18283A Minnetonka Boulevard • Wayzata, Minnesota 55391 ■ (612) 475 -2097
6 � d l?.
y�
�P
May 1, 1992
TO: City of Shorewood City Council
FROM: Robert Boyer
SUBJECT: Addendum to Developers Agreement
Gideon Cove Final Staae Submittal
1. Final plat of Gideon Cove.
Comments - None
2. Engineer Drawings.
Comments - We have decided to front the cost of installing the
waterline ourselves, at no cost to the City of Shorewood, for
consideration of the following items:
A. City to reimburse Developer for line charges from present
hydrant to Timber Lane. Approximate cost of $4,375.00.
B. The $4,000.00 hookup charge on the twelve homes in Gideon
Cove, as well as any homes in the path of the line who
hook up as the line goes in, would be waived by the City.
C._ The. Developer be reimbursed $2,000.00 per home for all
homes serviced from the line we install who hook up after
August 1, 1992,
Thank you for your considerations.
Exhibit B
DEVELOPER'S WATER PROPOSAL
Memo, dated 1 May 1992
"It is understood that underground utility lines, including gas, electric,
and telephone, shall be installed by the respective private utility
co=anies pursuant to separate agreements with the Developer.
2. IMPFOM04TS IN STA L LED BY DEVELOPER OUES IDE rE E PLAT.
a. Extension of Bracketts Road. Developer agrees at its expense to
construct, install and perform all work and furnish all materials
and equipment necessary to extend Bracketts Road in a westerly
direction from its present point of termination to the boundaries
of the plat. It is understood that such extension shall be
constructed entirely within the City right -of - way, and that the
Developer will obtain at its own expense all temporary or
permanent easements required from adjoining property owners
necessary to complete such extension.
b. Extension of Municipal Watermain. Developer agrees at its
expense to construct, install; and perform all work and furnish
all materials and equipment necessary to extend the watermain
from the Woodhaven Well municipal water system to the Galpin Lake
Woods Development. Property owners within the plat of Galpin
Lake Woods will not be assessed for said watermain and will not
pay the $4,000.00 per lot hook -up charge to the City for
connection to the municipal water system. A property owner
outside of the plat of Galpin Lake Woods may make a direct
hook -up to the watermain installed by Developer outside of said
plat upon payment to the City of the hook -up charge prescribed by
Shorewood City Code. Upon collection of said charge, the City
shall thereupon remit the sum of $2,000.00 to the Developer so as
to allow the Developer to recover a portion of his cost in
constructing the watermain outside of the plat. The right of the
Developer to receive said remittances and the obligation of the
City to remit same shall be limited to direct connections to the
watermain by property owners adjacent to the waterrnain and shall
cease upon either of the following events, whichever first
occurs:
(1) Such date as the Developer has received remittances
totalling the sum of $8,000.00.
(2) December 31, 1995."
-2-
Exhibit C
EXCERPT - GALPIN LAKE WOODS
WATER AGREEMENT
Orr
Schelen
Maveron &
3 Associates, Inc.
April 24, 1992
Mr. Brad Nielsen
City of Shorewood
5755 Country Club Road
Shorewood, MN 55331
Re: Gideon Cove
Shorewood, Minnesota
OSM Project No. 4590.00
Dear Mr Nielsen:
2021 East Hennepin Avenue
Minneapolis, MN 55413
612- 331 -8660
FAX 331 -3806
Engineers
Architects
Planners
Surveyors
We have reviewed the grading and drainage plan and the utility plan of Gideon Cove
prepared by Schoell & Madson, Inc., dated March 26, 1992. We have the following
comments regarding compliance with the City of Shorewood's development standards:
Grading and Drainage Plan
Appears to be in general compliance with the City of Shorewood's development
standards.
Utility Plan
1. The City of Shorewood requires all hydrants to be Waterous Model WB -67 or
approved equal.
2. Water services are required for the lots adjacent to Timber Lane.
3. Replacement of any damaged street and curb and gutter should be noted in the
area of proposed sanitary sewer.
4. An appropriate easement for the installation and maintenance of the watermain
along Timber Lane should be attained.
The Developer should be aware of the City's requirement for as-built plans prior to
acceptance of the roadway. If you have any questions regarding the above information,
please contact me at 378 -6370.
Sincerely,
ORR- SCHELEN- MAYERON
& ASSOCIATES, INC. -
Joel Dresel, P.E., L.S.
City Engineer
q
Equal Opportunity Employer
I C) 6
DATE: 8- MAY -92
TIME: 15 :05:17
CITY OF SHOREWOOD
DEVELOPMENT AGREEMENT
GIDEON'S COVE
PLANNED UNIT DEVELOPMENT
THIS AGREEMENT, made this day of I t 1992, by and
between the CITY OF SHOREWOOD, a Minnesota municipal corporation,
hereinafter referred to as the "City," and BOYER BUILDING
CORPORATION, a corporation, hereinafter referred to as
the "Developer."
WHEREAS, Developer is the fee owner of certain real property
zoned PUD in the City of Shorewood, legally described in
Exhibit A attached hereto and made a part hereof (the
"Property "); and
WHEREAS, Developer proposes to develop said property by means
of a planned unit development, "PUD," consisting of 13 lots and 5
outlots; and
WHEREAS, Developer filed its application for rezoning to PUD
with the City Clerk and submitted a Concept Plan and Development
Stage Plan for the property, which matters were considered by the
City Planning Commission at a Public Hearing held on September 3,
1991, and February 4, 1991, and at a Public Hearing held before
the City Council on September 23, 1992, and February 24, 1992;
and
1.
A-;Jja.C, K t^ f. A+
WHEREAS, upon recommendation of the City Planning Commission,
the City Council did consider and grant Concept Plan approval as
set forth in Resolution 102 -91 and Development Stage Plan
approval for the PUD as set forth in Resolution_ No. 21 -92.
NOW, THEREFORE, in consideration of the mutual covenants and
guarantees contained herein, the parties hereto agree as follows:
1. FINAL PLAT, GRADING. DRAINAGE AND UTILITY PLAN
LANDSCAPE PLAN The Developer has filed with the City Clerk the
final plat for the development of the property and said plat is
attached hereto and made a part hereof as Exhibit B. Said final
plat, together with the Grading, Drainage, and Utility Plan,
incorporated herein as Exhibit C, the Landscape Plan,
incorporated herein as Exhibit D, and this Development Agreement,
is herewith adopted and approved by the City as the Developer's
final plan for development of the property.
2. CONDITIONS OF APPROVAL The Developer shall comply
with the conditions of approval as adopted by the City Council
and set out in Resolution No. 21 -92, incorporated herein as
Exhibit E.
3. REQUIRED SITE IMPROVEMENTS Developer agrees at its
expense to construct, install and perform all work and furnish
all materials and equipment for the construction and installation
of the following improvements:
(01) Sanitary Sewer;
(02) Water Main;
(03) Landscaping.
4. GRADING, DRAINAGE. AND ERCSION CONTROL Developer at
its expense shall provide grading, drainage, and erosion control
014
plans to be reviewed and approved by the City Engineer. All work
shall be subject to final inspection and approval by the City
Engineer.
5. OUTDOOR STORAGE There shall be no outdoor storage of
automobiles, boats, or recreational equipment on the Property.
6. SCHEDULE OF WORK It is understood and agreed by the
parties that construction will be commenced by the Developer
within a period of one (1) year from the date herein and
completed within a period of two (2) years from such date, unless
the parties hereto agree in writing to an extension of the
construction period.
7. PERFORMANCE GUARANTY For the purpose of assuring and
guaranteeing to the City that the improvement to be constructed,
installed and furnished by the Developer, as set forth in
Exhibits B -E, landscaping work shall be constructed, installed,
and furnished according to the terms of this Agreement, and to
insure that the Developer shall pay all claims for work done and
materials and supplies furnished for the performance of this
Agreement, and that the Developer shall fully comply with all of
the other terms and provisions of this Development Agreement, the
Developer agrees to furnish to the City, prior to the City's
issuance of any building permits for such work, either a cash
deposit or an irrevocable letter of credit approved by the City
in an amount equal to One Hundred Fifty percent (1500 of the
total cost of said improvement as set forth in the contracts
between the Developer and its contractors. Said deposit or
letter of credit shall remain in effect for a period of two
growing seasons following the completion of the required
improvement. The said deposit or letter of credit may be reduced
in its amount or replaced by a maintenance bond at the discretion
of the City upon acceptance by the City of the improvements.
3.
r
8. PARK DEDICATION Developer shall, at the time of the
filing of the final plat, make a cash payment to the City for the
park fund in the sum of Seven Hundred Fifty Dollars ($750) per
lot, for a total of Three Thousand Seven Hundred Fifty Dollars
($3,750).
9. SEWER ASSESSMENTS Developer and the City agree that
all special assessments for public sewer and water improvements
are to be added to the balance remaining on any original
assessments and spread over subject property in such manner as
Developer may reasonably request, consistent with applicable
state law. The Developer further agrees to pay to the City the
local sewer availability charges pursuant to City Code prior to
recording the plat of Gideon's Cove.
10. OCCUPANCY PERMITS The occupancy permits for any lot
shall not be issued by the City until all site improvements have
been completed.
11. RESTORATION OF STREETS AND PUBLIC FACILITIES The
Developer shall restore all City streets and other public
facilities disturbed or damaged as a result of Developer's
construction activities, including sod with necessary black dirt,
bituminous replacement, curb replacement, and all other items
disturbed during construction.
12. AS BUILT DRAWINGS
13. PROOF OF TITLE The Developer shall furnish the City
with updated Title opinions evidencing title to the Subject
Property.
14. REMEDIES OF THE CITY UPON AN EVENT OF DEFAULT The
term "event of default" shall mean, whenever it is used in this
Agreement, failure by the Developer to observe or perform any
covenant, condition, obligation, or other agreement within thirty
4.
(30) days after written notice to the Developer from the City,
specifying the event of default and requesting that it be
remedied. Whenever any event of default of the Developer
referred to in this Agreement occurs, the City may take any one
or more of the following actions:
(01) Initiate rezoning of the Property to the original
zoning classification in effect at the time the PUD rezoning
application was filed, or to a zoning classification
consistent with the land use designation for the Property
shown in the adopted Comprehensive Plan for the City of
Shorewood.
(02) Declare null and void any final plan or concept plans
approved pursuant to the PUD zoning regulations of the City.
(03) Take whatever action at law or in equity as may appear
necessary or desirable to the City to enforce performance and
observance of any obligations, agreements, or covenants of
the Developer under this Agreement, or to recover any damages
incurred by the City as a result of the Developer's
nonperformance under this Agreement.
15. INDEMNIFICATION OF THE CITY The Developer shall hold
the City harmless from and indemnify the City against any and all
liability, damage, loss, and expense, including but not limited
to reasonably attorneys' fees, arising from or out of the
Developer's performance and observance of any obligations,
agreements, or covenants under this Agreement.
16. RIGHT OF ENTRY The City shall have, during the
construction of improvements on the Property, a reasonable right
of entry to inspect the Property, including inspection of the
improvements thereon, and to ensure the Developer's performance
and observance of any obligations, agreements, or covenants of
the Developer under this Agreement.
5.
17. AMENDMENT TO FINAL PLAN Amendments to the final plan
herein shall be made pursuant to the procedures for amending the
Shorewood Zoning Ordinance as set forth in City Code
Section 1201.04.
18. HEADINGS Headings at the beginning of paragraphs
hereof are for convenience of reference, and shall not be
considered a part of the test of this Agreement, and shall not
influence its construction.
19. SEVERABILITY In the event any provisions of this
Agreement shall be held invalid, illegal, or unenforceable by any
court of competent jurisdiction, such holding shall not
invalidate or render unenforceable any other provision hereof,
and the remaining provisions shall not in any way be affected or
impaired thereby.
20. EXECUTION OF COUNTERPARTS This Agreement may be
simultaneously executed in several counterparts, each of which
shall be an original, and all of which shall constitute but one
and the same instrument.
21. CONSTRUCTION This Agreement shall be construed in
accordance with the laws of the State of Minnesota.
22. NOTICES All notices, certificates and other
communications hereunder shall be sufficiently given and shall be
deemed given when mailed by certified mail, return receipt
requested, postage prepaid, with proper address as indicated
below. The City and the Developer by written notice given by one
to the other, may designate any address or addresses to which
notices, certificates or other communications to them shall be
sent when required as contemplated by this Agreement. Unless
otherwise provided by the respective parties, all notices,
certificates and communications to each of them shall be
addressed as follows:
M
To the City: City of Shorewood
5755 Country Club Road
Shorewood, Minnesota 55331
With a copy to: Larkin, Hoffman, Daly &
Lindgren, Ltd.
1500 Norwest Financial Center
7900 Xerxes Avenue South
Bloomington, Minnesota 55431
To the Developer: Boyer Building Corporation
23. SUCCESSORS AND ASSIGNS It is agreed by and between
the parties hereto that the Agreement herein contained shall be
binding upon and inure to the benefit of their respective legal
representatives, successors, and assigns.
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be executed on the day and year first above written.
BOYER BUILDING.CORPORATION
By:
Its
CITY OF SHOREWOOD
By:
Its: Mayor
ATTEST:
City Clerk
7.
r
STATE OF MINNESOTA
88.
COUNTY OF HENNEPIN
This instrument was acknowledged before me on this day of
1992, by and
the Mayor and City Clerk of the City of Shorewood, respectively,
under the laws of the State of Minnesota, on behalf of the City
of Shorewood.
Notary Public
STATE OF MINNESOTA
88.
COUNTY OF HENNEPIN
This instrument was acknowledged before me on this day of
, 1992, by , the
of Boyer Building Corporation, a corporation, on
behalf of the corporation.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
LARKIN, HOFFMAN, DALY & LINDGREN, Ltd.
1500 Norwest Financial Center
7900 Xerxes Avenue South
Bloomington, Minnesota 55431
(WCG)
91
rLE COPY
DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR GIDEON COVE
4 1 THIS DECLARATION made this day of , 1992
by JOSEPH N. BOYER and EILEEN F. BOYER, husband and wife,
hereinafter called "Developer" and GIDEON COVE HOMEOWNERS AS-
SOCIATION Inc. a Minnesota non - profit corporation, hereinaf-
ter called "Association," all of which are hereinafter col-
lectively called "Declarants ";
W I T N E S S E T H:
WHEREAS, Developer is the owner of the following de-
scribed real estate:
Lots 1 through 12, Block 1, Gideon Cove,
Hennepin County, Minnesota, according •%:.o
the recorded plat thereof;
and the Association is the owner of the following described
real estate:
Lot 13, Block 1, Gideon Cove; and Outlot
A, Gideon Cove, Hennepin County, Minne-
sota, according to the recorded plat
thereof;
Also Outlots A, B and C, Lawtonka,
Hennepin County, Minnesota, according to
the recorded plat thereof; subject to
easements described on the attached Ap-
pendix A;
all of which above - described land together constitutes and is
hereinafter referred to as the "Properties "; and
WHEREAS, the Properties by means of the plat of Gideon
Cove and the plat of Lawtonka has been subdivided into 12
residential lots in five common area lots; and
WHEREAS, Developer is building upon said Properties a
townhouse development including open spaces, recreation areas
and other common facilities and improvements for the general
benefit of the residents of the townhouses in said develop-
ment; and
WHEREAS, Declarants wish to provide for the preservation
of the value and amenities in said development and for the
maintenance of said recreation areas, open spaces and other
common facilities and improvements, and to this end are
hereby subjecting the Properties to the covenants, condi-
tions, restrictions, easements, charges and liens hereinafter
set forth, each and all of which is and are for the benefit
of said Properties of each Owner thereof.(as hereinafter de-
fined); and
WHEREAS, the Association has been formed as an agency to
hold title to the Common Area, to receive the power to attend
to and effectuate policies and programs that will enhance the
pleasure and value of the development, maintain and adminis-
ter the Common Area, administer and enforce the covenants and
restrictions and collect and disburse the assessments and
charges hereinafter created;
NOW, THEREFORE, Declarants declare that the Properties
are and shall be held, transferred, conveyed, sold, leased
and occupied, subject to the covenants, conditions, restric-
tions, easements, charges and liens hereinafter set forth,
which are for the purpose of protecting the value, desirabil-
ity and attractiveness of the Properties, and which shall run
with Properties and be binding upon all parties having any
right, title or interest in the Properties, their heirs, suc-
cessors and assigns, and shall inure to the-benefit of each
Owner thereof, and heirs, successors and assigns of each
Owner. This Declaration hereby establishes a general plan
2
for the individual ownership of real property estates con-
sisting of residential lots, and the ownership by the Asso-
ciation of all of the Common Area as hereinafter defined.
Every conveyance of any of such residences, or premises, or
any part thereof, or any interest therein, shall be and is
subject to these easements, covenants, conditions and re-
strictions, as follows:
ARTICLE I
DEFINITIONS
Section 1. "Association" shall mean and refer to Gideon
Cove Homeowners Association Inc., its successors and assigns.
Section 2. "Owner shall mean and refer to the record
owner, whether one or more persons or entities, of a fee
simple title to any Lot which is a part of the Properties,
including contract sellers, but excluding those having such
interest merely as security for the performance of an obliga-
tion.
Section 3. "Properties" shall mean and refer to that
certain real property described in Article II, and such addi-
tions thereto as may hereafter be brought within the juris-
diction of the Association.
Section 4. "Common Area" shall mean all property (in-
cluding the improvements thereto) owned by the Association
for the common use and enjoyment of the owners. The Common
Area to be owned by the Association at the time of the con-
veyance of the first Lot is described as follows:
Lot 13, Block 1, Gideon Cove, Hennepin
County, Minnesota, according to the re-
corded plat thereof.
3
Also, Outlot A, Gideon Cove, Hennepin
County, Minnesota, according to the
recorded plat thereof.
Also, Outlots A, B and C, Lawtonka,
Hennepin County, Minnesota, according to
the recorded plat thereof; subject to the
easements described on the attached Ap-
pendix A.
Section 5. "Lot" shall mean and refer to any plot of
land shown upon any recorded subdivision map of the Proper-
ties with the exception of the Common Area.
Section 6. "Developer" shall mean and refer to Joseph
N. Boyer and Eileen F. Boyer, their heirs and assigns if such
heirs or assigns should acquire more than one undeveloped lot
from the Developer for the purpose of development.
Section 7. "Declaration shall mean and refer to this
Declaration of Covenants, Conditions and Restrictions.
ARTICLE II
PROPERTY SUBJECT TO THIS DECLARATION
The real property which is and shall be held, trans-
ferred, sold, conveyed and occupied subject to this Declara-
tion is located in the City of Shorewood, County of Hennepin
and State of Minnesota, and is legally described as follows:
Lots 1 through 13, Block 1, Gideon Cove,
Hennepin County, Minnesota, according to
the recorded plat thereof;
Also, Outlot A, Gideon Cove, Hennepin
County, Minnesota, according to the re-
corded plat thereof;
Also, Outlots A, B and C, Lawtonka,
Hennepin County, Minnesota, according to
the recorded plat thereof; subject to the
easements described on the attached Ap-
pendix A.
4
ARTICLE III
PROPERTY RIGHTS
Section 1. Owners' Easements of Enjoyment Every owner
shall have a right and easement of enjoyment in and to the
Common Area, which shall include, without limiting the gener-
ality thereof, the right of access to and from the owner's
Lot, the right of lateral support, the right to use party
walls adjoining his Lot subject to the provisions of Article
VII herein, and the right to use (and to the extent necessary
to the reasonable use and enjoyment of his Lot, to cause to
be dedicated or created), utility, water and sewer easements,
and which shall be permanent and appurtenant to and shall
pass with the title to every Lot subject to the fol= .owing
provisions:
(a) the right of the Association to charge reasonable
admission and other fees for the use of any recreational fa-
cility situated upon the Common Area;
(b) the right of the Association to suspend the voting
rights and right to use of the recreational facilities by an
owner for any period during which any assessment against his
Lot remains unpaid; and for a period not to exceed 30 days
for any infraction of its published rules and regulations;
(c) the right of the Association to dedicate or trans-
fer all or any part of the Common Area to any public agency,
authority, or utility for such purposes and subject to such
conditions as may be agreed to by the members. No such
dedication or transfer shall be effective unless an instru-
ment agreeing to such dedication or transfer signed by 75% of
each class of members (excluding for this purpose the Devel-
5
oper from Class A voting) has been recorded.
(d) the right of individual owners to the exclusive use
of parking areas as provided in this article.
(e) the rights of easement owners over and across the
Common Area.
Section 2. Delegation of Use Any owner may delegate,
in accordance with the By -Laws, his right of enjoyment to the
Common Area and facilities to the members of his family, his
tenants, or contract purchasers who reside on the property.
Section 3. Parking Rights Ownership of each Lot shall
entitle the owner or owners thereof to the exclusive use,
subject to the rights of the Association, to that driveway
area lying on the Common Area between said Owner's Trot and
the public right of way.
Section 4. Easement for Unintentional Encroachments
Notwithstanding any other provisions contained herein, in the
event any dwelling, house or garage or any fireplaces, roofs,
air conditioners, flower boxes, decks, balconies and other
appurtenances on any Lot as originally constructed (or as re-
constructed or added to in accordance with the provisions of
Article IX herein) encroaches upon or overhangs any part of
the Common Area, or an adjoining Lot, then a perpetual. ease-
ment appurtenant to such encroaching or overhanging Lot shall
exist for the continuance of any such encroachment or over-
hang on the Common Area or adjoining Lot.
Section 5. Developer's Rights Developer shall have
the same rights as any other Owner as to Lots owned by it
from time to time, except as otherwise specified herein. In
addition, until the last Lot is conveyed to an owner other
6
than Developer, or until five years from the recording of
this Declaration (whichever event shall first occur), Devel-
oper shall have the right and easement over the Common Area
for the completion of improvements and making repairs to im-
provements (whether on the Common Area or upon unsold Lots)
and the right to maintain and use facilities and signs upon
the Common Area for the purpose of marketing units, and to
invite and escort the public thereon for such purpose.
Section 6. Additional Easements
(a) Dock easements are hereby created on Outlots A and
B, Lawtonka as described on Appendix A.
(b) Permanent, non - exclusive easements for utility pur-
poses are hereby created across portions of Gideon Cove for
the construction, maintenance, repair, reconstruction, op-
eration and use of waterlines, gas lines, sewers, electrical
and telephone lines as originally constructed by Developer or
constructed contemporaneously with the original development
or to be constructed in the future, for the benefit of the
Association and all lots in Gideon Cove which rely on the
following described easements for utility service. Said
easements are described as follows:
(1) Over, under and across that part of Lots 8 and 9,
Block 1, Gideon Cove, described as
(2) Over, under and across that part of Lot 7, Block 1,
Gideon Cove, described as
ARTICLE IV.
MEMBERSHIP AND VOTING RIGHTS
Section 1. Every owner of a Lot which is subject to as-
sessment shall be a member of the Association. Membership
7
shall be appurtenant to and may not be separated from owner-
ship of any Lot which is subject to assessment.
Section 2. The Association shall have two classes of
voting membership.
Class A . Class A members shall be all Owners, with the
exception of the Developer, and shall be entitled to one vote
for each Lot owned. When more than one person holds an in-
terest in any Lot, all such persons shall be members. The
vote for such Lot shall be exercised as they determine, but
in no event shall more than one vote be cast with respect to
any Lot.
Class B . The Class B member(s) shall be the Developer
and shall be entitled to three (3) votes for each Lot owned.
The Class B membership shall cease and be converted to Class
A membership on the happening of either of the following
events, whichever occurs earlier:
(a) when the total votes outstanding in the Class A
membership equal the total votes outstanding in the
Class B membership, or
(b) on July 1,,1995.
ARTICLE V.
COVENANT FOR MAINTENANCE ASSESSMENTS
Section 1. Creation of the Lien and Personal Obligation
of Assessments The Declarants, for each Lot owned within
the Properties, hereby covenant, and each Owner of any Lot by
acceptance of a deed therefore, whether or not it shall be so
expressed in such deed, is deemed to covenant and agree to
pay to the Association: (1) annual assessments or charges,
and (2) special assessments for capital improvements, such
8
assessments to be established and collected as hereinafter
provided. The annual and special assessments, together with
interest, costs, and reasonable attorney's fees, shall be a
charge on the land and shall be a continuing lien upon the
property against which each such assessment is made. Each
such assessment, together with interest, costs, and reason-
able attorney's fees, shall also be the personal obligation
of the person who was the Owner of such property at the time
when the assessment fell due. The personal obligation for
delinquent assessments shall not pass to his successors in
title unless expressly assumed by them.
Section 2. Purpose of Assessments The assessments
levied by the Association shall be used exclusively to pro-
mote the recreation, health, safety, and welfare of the
residents in the Properties and for the improvement and main-
tenance of the Common Area and of the exterior of the homes
situated upon the Properties. The annual assessments shall
be payable in regular installments and shall include (but are
not limited to) seasonal maintenance such as lawn care, snow
removal, etc., hazard insurance for common property, an ad-
equate reserve fund for maintenance, repairs and replacement
of the common property that must be replaced on a periodic
basis, and maintenance, repairs and replacement of water,
sewer and the utility lines and fixtures located upon the
Common Area or, if located upon a Lot, which serve the Common
Area or another Lot.
Section 3. Maximum Annual Assessment Until January 1
of the year immediately following the conveyance of the first
Lot to an Owner, the maximum annual assessment shall be
9
(a) From
following the
maximum annual
than 5% above
without a vote
(b) From
following the
maximum annual
of two - thirds
in person or b,
pose.
($ ) per Lot.
and after January 1 of the year immediately
conveyance of the first Lot to an Owner, the
assessment may be increased each year not more
the maximum assessment for the previous year
of the membership.
and after January 1 of the year immediately
conveyance of the first Lot to an Owner, the
assessment may be increased above 5% by a vote
(2/3) of each class of members who are voting
proxy, at a meeting duly called for this pur-
(c) The Bcard of Directors may fix the annual assess-
ment at an amount not in excess of the maximum.
Section 4. Special Assessments for Capital Improve-
ments In addition to the annual assessments authorized
above, the Association may levy, in any assessment year, a
special assessment applicable to that year only for the pur-
pose of defraying, in whole or in the cost of any con-
struction, reconstruction, repair or replacement of a capital
improvement upon the Common Area, including fixtures and
personal property related thereto, provided that any such as-
sessment shall have the assent of two- thirds (2/3) of the
votes of each class of members who are voting in person or by
proxy at a meeting duly called for this purpose.
Section 5. Notice and Quorum for Any Action Authorized
Under Sections 3 and 4 . Written notice of any meeting called
for the purpose of taking any action authorized under Section
3 or 4 shall be sent to all members not less than 30 days nor
10
more than 60 days in advance of the meeting. At the first
such meeting called, the presence of members or of proxies
entitled to cast sixty percent (60 %) of all the votes of each
class of membership shall constitute a quorum. If the re-
quired quorum is not present, another meeting may be called
subject to the same notice requirement, and the required quo-
rum at the subsequent meeting shall be one -half (1/2) of the
required quorum at the preceding meeting. No such subsequent
meeting shall be held more than 60 days following the preced-
ing meeting.
Section 6. Uniform Rate of Assessment Both annual and
special assessments must be fixed at a uniform rate for all
Lots, provided, however, that each Lot upon which the con-
struction of a dwelling unit has not been begun as of the
last day of the preceding month, shall be assessed at
twenty -five (25 %) of the uniform rate for the then current
month. Annual assessments shall be collected on a monthly
basis and special assessments shall be collected as the Board
determines. '
Section 7. Date of Commencement of Annual Assessments:
Due Dates The annual assessments provided for herein shall
commence as to all Lots on the first day of the month follow-
ing the conveyance of the Common Area. The first annual as-
sessment shall be adjusted according to the number of months
remaining in the calendar year. The Board of Directors shall
fix the amount of the annual assessment against each Lot at
least thirty (30) days in advance of each annual assessment
period. Written notice of the annual assessment shall be
sent to every Owner subject thereto. The due dates shall be
11
established by the Board of Directors. The Association
shall, upon demand, and for a reasonable charge, furnish a
certificate signed by an officer of the Association setting
forth whether the assessments on a specified Lot have been
paid. A properly executed certificate of the Association as
to the status of assessments on a lot is binding upon the As-
sociation as of the date of its issuance.
Section 8. Effect of Nonpayment of Assessments Rem-
edies of the Association Any assessment not paid within
thirty (30) days after the due date shall bear interest from
the due date at the rate of 6 percent per annum. The Asso-
ciation may bring an action at law against the Owner person -
ally obligated to pay the same, or foreclose the lien against
the property. No owner may waive or otherwise escape-liabil-
ity for the assessments provided for herein by non -use of the
Common Area or abandonment of his Lot.
Section 9. Subordination of the Lien to Mortgages The
lien of the assessments provided for herein shall be subordi-
nate to the lien of any first mortgage now or hereafter
placed upon a Lot. Sale or transfer of any Lot shall not af-
fect the assessment lien. However, the sale or transfer of
any Lot pursuant to mortgage foreclosure or any proceeding in
lieu thereof, shall extinguish the lien of such assessments
as to payments which become due prior to such sale or trans-
fer. No sale or transfer shall relieve such Lot from liabil-
ity for any assessments thereafter becoming due or from the
lien thereof.
12
ARTICLE VI
EXTERIOR MAINTENANCE
In addition to maintenance upon the Common Area, the As-
sociation shall provide exterior maintenance upon each Lot
which is subject to assessment hereunder, -as follows: paint,
repair, replacement and care of roofs, gutters, downspouts,
exterior building surfaces, trees, shrubs, grass, walks,
driveways and other exterior improvements, and water, sewer
and other utility liens and fixtures located upon the Common
Area which serve the Common Area or a Lot. Exterior mainte-
nance shall include clearing walks and driveways of snow.
Such exterior maintenance shall not include glass surfaces.
In the event that the need for maintenance or repair of
a Lot or the improvements thereon is caused through the will-
ful or negligent acts of its Owner, or through the willful
or negligent acts of the family, guests or invitees of the
Owner of the Lot needing such maintenance or - repair, the cost
of such exterior maintenance shall be added to and become
part of the assessment to which such Lot is subject. For the
purpose solely of performing the maintenance authorized by
this Article, the Association, through its duly authorized
agents or employees, shall have the right, after reasonable
notice to the Owners, to enter upon any Lot or Living Unit at
reasonable hours of any day.
ARTICLE VII
PARTY WALLS
Section 1. General Rules of Law to Apply Each wall
which is built as a part of the original construction of the
homes upon the Properties and placed on the dividing line be-
13
tween the Lots shall constitute a party wall, and, to the ex-
tent not inconsistent with the provisions of this Article,
the general rules of law regarding party walls and liability
for property damage due to negligence or willful acts or
omissions shall apply thereto.
Section 2. Sharing of Repair and Maintenance The cost
of reasonable repair and maintenance of a party wall shall be
shared by the Owners who made use of the wall in proportion
to such use.
Section 3. Destruction by Fire or Other Casualty If a
party wall is destroyed or damaged by fire or other casualty,
any Owner who has used the wall may restore it, and if the
other Owners thereafter make use of the wall,- they shall con-
tribute to the cost of restoration thereof in proportion to
such use without prejudice, however, to the right of any such
Owners to call for a larger contribution from the others un-
, der any rule of law regarding liability for negligent or
willful acts or omissions.
Section 4. Weatherproofing Notwithstanding any other
provision of this Article, an Owner who by his negligent or
willful act causes the party wall to be exposed to the el-
ements shall bear the whole cost of furnishing the necessary
protection against such elements.
Section 5. Right to Contribution Runs with Land The
right of any Owner to contribution from any other Owner under
this Article shall be appurtenant to the land and shall pass
to such Owner's successors in title.
Section 6. Arbitration In the event of any dispute
arising concerning a party wall, or under the provisions of
14
this Article, each party shall choose one arbitrator, and
such arbitrators shall choose one additional arbitrator, and
the decision shall be by a majority of all arbitrators.
ARTICLE VIII
HAZARD AND LIABILITY INSURANCE FOR COMMON PROPERTY
The Association shall procure fire and extended coverage
on insurable common property on a current replacement cost
basis in an amount not less than 100% of the insurable value
(based on current replacement only) and use the proceeds of
such hazard insurance solely for the repair, replacement or
reconstruction of such insurable common property including
insured improvements. The cost of such insurance shall be
assessed as a common expense as provided in Article V above.
First mortgagees of Lots, jointly or singly, may pay overdue
premiums on hazard insurance policies, or may secure new haz-
ard insurance coverage on the lapse of, a policy, for the com-
mon property, and first mortgagees making such payments shall
be owed immediate reimbursement therefor from the Asso-
ciation. The Association is authorized to*'enter into an
agreement in favor of all first mortgagees of lots establish-
ing entitlement to such reimbursement.
The Association must have a comprehensive policy of pub-
lic liability insurance covering all
Such insurance policy shall contain
terest" clause or endorsement wh
insurer from denying the claim of a
ciation because of negligent acts of
unit owners.
of the common property.
a "severability of in-
ich shall preclude the
unit owner in the Asso-
the Association or other
15
ARTICLE IX
ARCHITECTURAL CONTROL
No building, fence, wall or other structure shall be
commenced, erected or maintained upon the Properties, nor
shall any exterior addition to or change or alteration to a
building on the Properties be made until the plans and
specifications showing the nature, kind, shape, height, mate-
rials, and location of the same shall have been submitted to
and approved in writing as to harmony of external design and
location in relation to surrounding structures and topography
by the Board of Directors of the Association, or by an archi-
tectural committee composed of three (3) or more representa-
tives appointed by the Board. In the event said Board, or
its designated committee, fails to approve or disapprove such
design and location within thirty (30) days after said plans
and specifications have been submitted to it, approval will
not be required and this Article will be deemed to have been
fully complied with.
ARTICLE X
BUILDING AND USE RESTRICTIONS
Section 1. Residential Use No Lot shall be used ex-
cept for residential purposes, provided, however, that this
section shall not be construed to prohibit the use of a por-
tion of a residence for incidental office purposes to the
extent permitted by applicable zoning laws.
Section 2. Common Area Restriction No industry, busi-
ness, trade, occupation or profession of any kind shall be
conducted, maintained or permitted on any part of the Common
Area, nor shall any "for sale" or "for rent" signs or any
16
window display advertising be maintained on any part of the
Common Area.
Section 3. Obstructions There shall be no obstruction
of the Common Area, nor shall there be stored or kept upon
any part of the Common Area any watercraft, vehicles, equip-
ment or other personal property without the prior written
consent of the Association, except to the extent an Owner has
easement rights over part of the Common Area for the mainte-
nance and storage of a dock.
Section 4. Prohibition of Damage and Certain Activities
Nothing shall be done or kept on any' Lot or on the Common
Area or any part thereof, which would be in violation of any
statute, rule, ordinance, regulation, permit or other validly-
imposed requirement of any governmental body. No damage to,
or waste of, the Common Area or any part thereof or of the
exterior of the Properties and buildings shall be committed
by any Owner or any invitee of any Owner, and each Owner
shall indemnify and hold the Association and the other Owners
harmless against all loss resulting from any such damage or
waste caused by him or his invitees to the Association or
other Owners. No noxious, destructive or offensive activity
shall be allowed on any Lots or in the Common Are or any part
thereof, nor shall anything be done thereon which may be or
may become an annoyance or nuisance to any other Owner or to
any other person at any time lawfully residing on the Proper-
ties.
Section 5. Fences. Walls and Patios No Owner shall
construct, relocate, heighten, lower or otherwise move or
change any fence, wall or patio upon, adjoining or adjacent
17
to the Common Area except as provided in Article IX
hereinabove.
Section 6. Prohibited Structures No structure of a
temporary character, trailer, basement, tent, or shack shall
be maintained or used on any Lot at any time as a residence
or sleeping quarters, either temporarily or permanently.
Section 7. Storage Outside storage or placement of
any items, including but without limiting the generality of
the foregoing, sporting equipment, toys, playground equip-
ment, outdoor cooking equipment, yard and garden tools and
equipment and trash and garbage containers, shall not be al-
lowed. No watercraft, snowmobiles, trailers, camping ve-
hicles, unlicensed or inoperable automobiles or trucks oz
other vehicles shall at any time be stored or parked on any
Lot outside of a house or garage. No such watercraft, auto-
mobiles or trucks or other vehicles shall be stored or parked
on any part of the Common Area without the express written
approval of the Board of Directors.
Section 8. Signs No sign of any kind shall be dis-
played to the public,view on any Lot, except as permitted by
regulations adopted by the Board.
Section 9. No Animals Except Pets No birds, animals or
insects shall be kept on any Lot except dogs, cats or other
common household pets, provided that they are not kept, bred
or maintained for any commercial purposes.
Section 10. Antennae No television or radio antennae
shall be erected or placed upon the exterior of a Lot or
house.or garage, except as permitted by regulations adopted
by the Board.
18
Section 11. Clothes Line No clothes lines shall be per-
mitted upon a Lot or the exterior of a house or garage, nor
shall clothes, sheets, blankets laundry of any kind or other
articles be hung out so as to be visible from outside the
Lot.
Section 12. Rules and Regulations The Board may fron
time to time adopt such other reasonable rules and regula-
tions from time to time governing the use and enjoyment of
the Properties as the Board in its sole discretion deems ap-
propriate or necessary. The Board may from time to time
adopt additional rules and regulations.concerning the use of
parking areas on the Common Areas and may cause vehicles and
objects to be removed from the Common Area at :.he owner's ex-
pense.
Section 13. Development Period Nothing herein con-
tained shall be deemed to prohibit Developer from the use of
any Lot or Lots for model or office purposes, or from placing
customary development signs and storing construction materi-
als and equipment for use on the Properties, until all the
Lots are sold and conveyed and the improvements completed.
ARTICLE XI
RIGH'T'S OF FIRST MORTGAGEES
Section 1. The provisions of this Article take prece-
dence over any other conflicting provisions of this Declara-
tion.
Section 2. A first mortgagee, upon request, is entitled
to written notification from the Association of any default
in the performance by the Owner of any obligation under the
19
Declaration or By -Laws which is not cured within sixty (60)
days.
Section 3. Any first mortgagee who obtains title to a
Lot pursuant to the remedies provided in the mortgage, or a
Lot pursuant to the remedies provided in the mortgage, or by
foreclosure of the mortgage, or by deed or assignment in lieu
of foreclosure, will be exempt from any right of first re-
fusal contained in the Declaration or By -Laws.
Section 4. Any first mortgagee who obtains title to a
Lot pursuant to the remedies provided in the mortgage or by
foreclosure of the mortgage shall not be liable for the un-
paid assessments of the Lot which accrue prior to the acqui-
sition of title to such Lot by the mortgagee.
Section 5. Unless at least seventy -five percent (75 %)
of the combined number of the first mortgagees of Lots, based
upon one vote for each first mortgage owned, plus Owners
other than the Developer have given their prior written ap-
proval, the Association shall not be entitled to:
(a) By act or omission seek to abandon, partition, sub-
divide, encumber, sell or transfer the common property owned,
directly or indirectly, by the Association for the benefit of
the Lots. The granting of easements for public utilities or
for other public purposes consistent with the intended use of
such common property shall not be deemed a transfer within
the meaning of this subsection;
(b) Change the method of determining the obligation,
assessments, dues or other charges which may be levied
against an owner;
(c) By act or omission change, waive or abandon any
20
scheme of regulations, or enforcement thereof, pertaining to
the architectural design or the exterior appearance of units,
the exterior maintenance of units, the maintenance of the
common property party walks or common fences and driveways,
or the upkeep of lawns and plantings;
(d) Fail to maintain fire and extended coverage on in-
surable common property on a current replacement cost basis
in an amount not less than one hundred percent (100 %) of the
insurable value, based on current replacements cost; or
(e) Use hazard insurance proceeds for losses to any
common property otherwise than for the repair, replacement or
reconstruction of such common property.
Section 6. First mortgagees shall have the right to e.
amine the books and records of the Association.
Section 7. First mortgagees may, jointly or singly, pay
taxes or other charges which are in default and which may or
have become a charge against any common property and may pay
overdue premiums on hazard insurance policies or secure new
hazard insurance coverage on the lapse of a policy for the
common property, and first mortgagees making such payments
shall be owed immediate reimbursement therefor from the As-
sociation.
Section 8. No provision of the Declaration or By -Laws
shall be construed as giving to the Owner or to any other
party priority over any rights of first mortgagees of Lots
pursuant to their mortgages in the case of a distribution to
Owners of insurance proceeds or condemnation awards for
losses to or a taking of common property.
ARTICLE XII
GENERAL PROVISIONS
Section 1. Enforcement The Association, or any Owner,
shall have the right to enforce, by an proceeding at law or
in equity, all restrictions, conditions, covenants, reserva-
tions, liens and charges now or hereafter imposed by the pro-
visions of this Declaration. Failure by the Association or
by any Owner to enforce any covenant or restriction herein
contained shall in no event be deemed a waiver of the right
to do so thereafter.
Section 2. Severability Invalidation of any one of
these covenants or restrictions by judgment or court order
shall in no way affect any other provisions which shall r -
main in full force and effect.
Section 3. Alienation of Common Property Anything ap-
parently to the contrary herein notwithstanding, no common
property shall be abandoned, partitioned, subdivided, encum-
bered, sold or transferred except by an instrument executed
by 75% of each class of members (excluding for this purpose
the Developer from Class A voting).
Section 4. Duration and Amendment The covenants and
restrictions of this Declaration shall run with and bind the
land, and shall inure to the benefit of and be enforceable by
the Association or the Owner of any Lot subject to this Dec-
laration, their respective legal representatives, heirs, suc-
cessors and assigns, for a term of twenty (20) years from the
date this Declaration is recorded, after which time the cov-
enants and, restrictions shall be automatically renewed for
successive period of ten (10) years.
22
Except as hereinafter provided, the covenants and re-
strictions of this Declaration may be amended during the
first twenty -year period by an instrument signed by not less
than ninety percent (90 %) of the Owners and thereafter by an
instrument signed by not less than seventy -five (75 %) of the
Owners. Any amendment must be recorded. The prior written
approval of at least seventy -five (75 %) of the combined num-
ber of the first mortgagees of Lots, based upon one vote for
each mortgage owned, plus Owners other than the Developer
shall be required for any amendment of this Declaration which
would affect the right of the Association to do any of the
following:
(a) By act or omission to seek to abandon, partition,
subdivide, encumber, sell or transfer the common property
owned, directly or indirectly, by the Association for the
benefit of the Lots. The granting of easements for public
utilities or for other public purposes consistent with the
intended use of such common property shall not be deemed a
transfer within the meaning of this subsection.
(b) To change, the method of determining the obliga-
tions, assessments, dues, or other charges which may be lev-
ied against an Owner.
(c) By act or omission to change, waive, or abandon any
scheme of regulations, or enforcement thereof, pertaining to
the architectural design or the exterior appearance of units,
the exterior maintenance of units, the maintenance of common
property walks or common fences and driveway, or the upkeep
of lawns and plantings.
(d) To fail to maintain fire and extended coverage on
23
insurable common property on a current replacement cost basis
in an amount not less than one hundred percent (100 %) of the
insurable value, based on current replacement cost.
(e) To use hazard insurance proceeds for losses to any,
common property otherwise than for the repair, replacement or
reconstruction of such common property.
Section 5. Notice of Default The first mortgagee of
any Lot, upon written request to the Association, is thereaf-
ter entitled to written notification from the Association of
any default in the performance by the Owner of the Lot of any
obligation under the Articles of Incorporation or By -Laws of
the Association or under this Declaration which is not cured
wi�.hin 60 days of the date of such default.
Section 6. Access For the purpose solely of perform-
ing the repairs and maintenance authorized by this Declara-
tion, the Association, through its duly authorized agents or
employees, shall have the right, after reasonable notice to
the Owner (except in an emergency), to enter upon any Lot.
Section 7. Annexation Additional residential property
and Common Area may be annexed to the Properties with the
consent of a 51% vote of the combined classes of members.
Section 8. FHA /VA Approval As long as there is a
Class B membership, the following actions will require the
prior approval of the Federal Housing Administration or the
Veterans Administration: Annexation of additional proper-
ties, dedication of Common Area, and amendment of this Decla-
ration of Covenants, Conditions and Restrictions.
24
IN WITNESS WHEREOF, the Declarants have hereunto caused
these presents to be executed this day of
, 1992.
Joseph N. Boyer
Eileen F. Boyer
GIDEON COVE HOMEOWNERS ASSOCIATION
By:
Its: President
STATE OF MINNESOTA)
) ss.
COUNTY OF HENNEPIN)
The fo - egoing instrument was acknowledg�ad before me t',As
day of 1992 by Joseph N. Boyer and
Eileen F. Boyer, husband and wife.
Notary Public
STATE OF MINNESOTA)
)ss.
COUNTY OF HENNEPIN)
The foregoing instrument was acknowledged before me this
day of , 1992 by
president of Gideon Cove Homeowners Association, a Minnesota
corporation, on behalf 'of the corporation.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
Gary A. Thompson
17717 Highway 7
Minnetonka, Minnesota 55345
25
Appendix A
DOCK EASEMENTS
FOR GIDEON COVE
Two lots will be conveyed together with separate dock
easements to be described as follows:
First easement
Lot , Block 1, Gideon Cove;
Together with an exclusive perpetual easement for the
construction, replacement, maintenance and storage of a dock
platform with no permanent or removable overhead cover or
roof, in the waters of Lake Minnetonka and on or attached to
that part of Outlot A, Lawtonka described as follows:
Commencing at the intersection of the southeasterly line
of said Outlot A with the southerly lines of Outlots A and B,
Lawtonka; thence northeasterly along the boundary line be-
tween said Outlot A and said Outlot B a distance of 150 feet,
to the point of beginning of the easement to be described
herein; thence at right angles from said last described line
northwesterly a distance of 30 feet; thence northeasterly
parallel with said common boundary line between said Outlots
A and B to the shore of Lake Minnetonka; thence easterly
along said shore to said common boundary line between said
Outlots A and B or its northeasterly extension; then south-
westerly along said common boundary line to the point of be-
ginning.
Said easement is subject to the right of the fee owner
of said Outlot A to maintain any existing structures on said
easement, and subject to that obligation of the owner of said
easement to repair any damage to the surface of the easement
area resulting from the use of said easement.
Second easement
I:ot , Block 1, Gideon Cove;
Together with an exclusive perpetual easement for the
construction, replacement, maintenance and storage of a dock
platform with no permanent or removable overhead cover or
roof, in the waters of Lake Minnetonka and on or attached to
that part of Outlot B, Lawtonka described as follows:
Commencing at the intersection of the northwesterly line
of said Outlot B with the southerly lines of Outlots A and B,
Lawtonka; thence northeasterly along the boundary line be-
tween said Outlot A and said Outlot B a distance of 150 feet,
to the point of beginning of the easement to be described
herein; thence at right angles from said last described line
southeasterly a distance of 30 feet; thence northeasterly
parallel with said common boundary line between said Outlot A
and said Outlot B to the shore of Lake Minnetonka; thence
westerly along said shore to said common boundary line
between said Outlots A and B or its northeasterly extension;
then southwesterly along said common boundary line to the
point of beginning.
Said easement is subject to the right of the fee owner
of said Outlot B to maintain any existing structures on said
easement, and subject to that obligation of the owner of said
easement to repair any damage to the surface of the easement
area resulting from the use of said easement.
A
e
Ml
Wo
E-4
z
�D
re
E--4
0-4
z
Q�
II
I I J
U)
Z
0
LU
-j
-LU
LU
14�
�I�hwvtr�t 3
O
..
. r
0
A
A
Ilc� i
(II) I III I
Z
Q
J
a
O
O
LL
W
W
J
cc
W
O
O
r.
O
O
U
.
L
a
N
o
g
0
i
O
Jul
J
W
U' 4
O
m
Q Q
. r
0
A
A
Ilc� i
(II) I III I
Z
Q
J
a
O
O
LL
W
W
J
cc
W
O
O
r.
O
O
U
.
L
a
o
g
i
Jul
J
W
U' 4
_ I �
y.
= u
ul 0
¢0
------------
U
w
\ _
C
rc
= W
N
II
• II — �r --1
-�
w
O
F
N
r�
. r
0
A
A
Ilc� i
(II) I III I
Z
Q
J
a
O
O
LL
W
W
J
cc
W
O
O
r.
O
O
U
.
L
a D 0
CL
III
Z
Q
J
a
O
O
J
LL
J
W
W
J
Z
H
z
O
O
I
b.�
H-L--j
=- Lld�r��
_ L '
1!0 j
Fl
I® �
Z
F
r-i
z
.,
E-
"J
z
O
Q
w
w
H
z
cc
LL
(
l �
C
L
:y ......... 2624.34 RES .........
,ti�� NJ CS
v I.
4a �93 2
(6)
(59)
OUT*� 'p(A) (43) t �� o' (�
I.OT A OL 8 (44) 2
1a, ,s O ......
£ - - - - -- 453.4 CSI) (62) (45)3 4 03
aA
17 _� • (46) -- ® ®(20)
3 (12 (4a)
450.8 (46) � p��� 6(32)1 e a
16 7 (33) - i0
$ (12) (45) 44) _ a (34) — _ "TT
1
• . • 40- <
9 r - 1
34.7- --" 9L,..
AA2.6 ... aq
Is
e7
_ _"
auTl.aT �
� -- �
4�
- Cl 13
J (15)
56
(27) 9 3 8
I
s s� ti (16) (22)
2 10 R
-
I
(28) (17) A � o
9 1 ay 3 t: w
Z (47)
i2 to >
Q a
- :._.:. o
1
17) (48) �, s (6) �. 1 .�' 19) (I) ------ - - - - --
(20)
- PR m , '� \21.6 /'�
10 R......
LU
�u
a
13) (7) / v O� �� PART Of
_ 6
LOT 49
s> (21) A A (10)
.4s 60
Bj 7 �d
(22)
6
Y� 9S i 9
LOT e7 Yes to! z3 to � 24) (23) � _ ..
��t x(25) o o:c, °
v0 141 \ \ 0 2 I1
0•r4 t2 `` X193 wi
q �1. IS R F
S� (30) /• 14 1 247.5 -
et 4 14f+ 14 14 220
1 ► 82.4 335.08 , 120 .tip
14$
i 4 (4t)' (12)
• •T� ! i ( 13) (4)
69 45
11
95 sli - = S . (33) - -
~ . s s03 (5)
/00
N
e • �q : _ _ ..?�`'�S � 'mss � �� - � .
5� �, g _ /
F
•
., t
L
ir
I I 1 t L lo�`b \ � � � 'O
1 n d \~ � � / � ` i
eN a
0 6O 'J
-4 o th
0
T-
3 6
CT -24
Sc
ER LINE Fon ale
P�
L
ir
I I 1 t L lo�`b \ � � � 'O
1 n d \~ � � / � ` i
eN a
0 6O 'J
-4 o th
0
T-
3 6
CT -24
Sc
ER LINE Fon ale
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: 1 May 1992
RE: Peters, Joseph - C.U.P. for Fill in Excess of 100 Cubic Yards
FILE NO. 405 (92.10)
Mr. Peters proposes to build a new home on his property at 20455 Manor Road (see Site
Location map - Exhibit A, attached). In order to access the site he needs to construct a
driveway which requires more than 100 cubic yards of fill. This work requires a conditional
use permit pursuant to Section 1201.03 Subd. 8 of the Zoning Code. The main purpose of
the c.u.p. is to obtain engineering review of the project and to assure that the work does not
adversely impact adjoining properties. The City Engineer has reviewed the proposed grading
plan (Exhibit B) and submitted his recommendations in a report dated 16 January 1992
(under separate cover).
Although this property is a good illustration as to why "flag lots" are highly discouraged, the
City did allow the lot to be created. Based upon the Engineer's recommendations the
adjoining properties should be protected. The applicant has been advised that he may have to
obtain slope easements from the adjoining landowners or construct retaining walls to stay off
their properties.
cc: Jim Hurm
Tim Keane -
Joel Dresel
JOSeDh Peters
A Residential Community on Lake Minnetonka's South Shore
Orr 2021 East Hennepin Avenue Engineers PROPERTY FILE
Scheleri Minneapolis, MN 55, Architects
' As8oci Mayeron & t & 612 - 331 -8660 Planners
:~ A850Cl Inc. FAX 331 -3806 Surveyors Memorandum
TO: Brad Neilsen, City Planner
FROM: Joel Dresel, P.E., L.S., City Engineery
DATE: January 16, 1992
SUBJECT: Grading Plan in Lots 2 and 3 Minnetonka Manor 2nd Addition
OSM Project No. 4590.00
As requested, we have reviewed both the site conditions and the grading plan prepared by
Coffin and Gronberg, Inc. for the referenced site. Specifically, we have reviewed a plan
containing two options entitled "Proposed Sewer Line for Lowell Frost" dated October 24,
1991.
With regard to the proposed sewer service, Option 1 is a plan for a gravity system. Option
2 utilizes a septic tank, ejector pump and forcemain into the city main in Manor Road. In
general, a gravity system such as Option 1 is preferable due to the simplicity of the design.
In this case, however, it may be more economical to go with the tank and pump in Option
2 as the gravity line in Option 1 will necessitate the clearing of a lot of trees and brush and
perhaps even an existing driveway.
We have the following recommendations for the installation of the sewer service:
1. The City Public Works Department should be notified a minimum of 48 hours prior
to doing any work on Manor Road.
2. Proper traffic control and safety precautions should be taken to protect the traveling
P
public while work on Manor Road is being completed.
3. The connection to the existing 9 -inch main shall be made with a cut -in and saddle
"T' or similar construction. A simple cut -in with mortar will not be allowed.
4. Backfill compaction under the existing roadbed should be to a minimum of 100%
Standard Proctor.
5. The roadbed surface shall be sawcut and restored to its original condition.
6. The proposed service line is the property of the homeowner and the maintenance,
therefore, is not the responsibility of the City.
7. If a gravity line is finally proposed, additional information on right -of -way clearing
will need to be supplied.
//3
Memorandum
January 16, 1992
Page 2
The grading plan under both Options is essentially the same and we have the following
recommendations:
1. The 2% driveway landing area shown adjacent to Manor Road should drain away
from the road instead of to it.
2. The driveway radii adjacent to Manor Road should have a minimum 20 foot radius
in the approach area.
• 3. The P roposed driveway should be a minimum of 10 feet wide and preferably at least
12 feet wide.
4. The culvert shown along Manor Road is not at a low spot. The low spot appears to
be at Station 0 +80. Either the culvert should be moved to 0 +80 or the low spot
should be graded to the easterly edge of Manor Road.
5. Grading easements will be required from both adjacent neighbors.
6. The driveway side slopes should be a minimum of three horizontal to one vertical
(3:1) and preferably 4:1.
7. Any disturbed area should be restored with sod or seeded.
8. The portion of the driveway within the right -of -way of Manor Road should be paved
with a minimum of 6 inches of Class 5 gravel and 2 inches of 2341 Wear Course.
As a general comment, the final construction plans should contain specifications and be
signed by a Registered Professional Engineer. It should be noted that the proposed
driveway will have somewhat of a dam -like effect in that it will be raised above a generally
low flat area.
Please call with any questions you may have.
/cmw
0116cos.en
I
CITY OF
MEMORANDUM
TO:
• FROM:
DATE:
M
FILE NO
MAYOR
Barb Brancel
COUNCIL
Kristi Stover
Bob Gagne
Rob Daugherty
Daniel Lewis
SHOREWOOD
5755 COUNTRY CLUB ROAD • SHOREWOOD, MINNESOTA 55331 • (612) 474 -3236
Mayor and City Council
Brad Nielsen
6 May 1992
Goggans, Wilda - Appeal Notice to Remove
Property - 26960 West 62nd Street
In her letter (Exhibit A, attached), dated 21 April 1992, Ms. Goggans requests additional
time to comply with the "Notice to Remove" which she received from this office (Exhibit B).
Since we have cited this property on at least two past occasions, it is recommended that the
Council grant no more than one additional week to comply with the notice.
Ms. Goggans advised our inspector that the violations may be corrected by the time the
Council meets on 11 May. A follow -up inspection will be made Monday afternoon and the
status of the violations will be reported at the meeting.
cc: Jim Hurm
Tim Keane
Wilda Goggans
Joe Pazandak
A Residential Community on Lake Minnetonka's South Shore
12.
ew t
0
,-'/ �ll 7-1
E.A; VA
10
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
DATE: . 7 April 1992
TO: Wilda Goggans
26960 West 62nd Street
Shorewood, MN 55331
PROPERTY LOCATION: 26960 West 62nd Street
PROPERTY IDENTIFICATION NO.: 32- 117 -23 -33 -0024
NOTICE TO REMOVE
Offensive and Unhealthv Substances
NOTICE IS HEREBY GIVEN that there exists a condition on the above referenced property
which is in violation of Chapter 501, Section 501.01 of the Shorewood City Code, a copy of
which Section is enclosed. The offensive matter to be removed from the property includes,
but is not limited to the following:
UNLICENSED AND /OR INOPERABLE VEHICLES:
Black Mitsubishi pickup Lie# 944 DUF ay '92 inoperable \'
(Maroon Ford Escort Lie# 081 CLT Ju l � '9 1
Blue- f- h pickup- (iiio- keens-; epc lle}-
T
• li �1V1iC[1 1rCi�rG76V< U�.VUb iaa,i aav •ivv � �
e
White Chevrolet CorvaEUY 234 Oct• '82?
w ( �r I�n ATnt.n hl.n
Tw '' �nowmob' (inoperable)
OTHER VIOLATIONS: (
1�
Vehicle parts (including, but notlnited to engines, embodies, tires,
-& , traek-be&, etc.- approx.a@ cu. yds.); inoperable bicycles;
bbl e�; - dam .); garbage and trashr-- a_ppto r
.... ..17 • ...;cn1 .,....cf.lkln nm•imm�n*_ annrllSL,rL.1'_iL. Y'[ ��
A Residential Community on Lake Minnetonka 's South Shore
f..gh: b :'C 5
ORDINANCE NO.
AN ORDINANCE FIXING THE SALARIES OF THE MAYOR AND MEMBERS
OF THE COUNCIL OF THE CITY OF SHOREWOOD
THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS:
1. Commencing January 1, 1993, the monthly salary of the
Mayor of the City of Shorewood shall be $250.00 and the monthly
salary of each member of the City Council of Shorewood shall be
$200.00.
• 2. This ordinance shall be effective after the next regular
municipal election, on January 1, 1993, and upon its passage and
publication.
PASSED AND ADOPTED by the City Council of the City of
Shorewood this 11th day of May , 1992.
Barbara J. Brancel, Mayor
s
ATTEST:
James C. Hurm
City Administrator
15
•
•
W
a
U)
�i
U)
a
H
U
H
W
W
O
A
W
E-1
U
a
w
m
U
tz
U
.,1
0
0
W
0
r .
0
.'.,
U
O
N
N
a�
4J
A
U
O
U
N
Cl
C1
H
a
H
a
a
0
C
C
U
c
C
r
r
I•
E
R
F
i
C
c
E
F
r
r
C
E
F
Ix o 0 0 0 o O O 0 0 0 0 0 0 0 0 0 0
fYl 01 O O N O O 00 is O N %D O O co O is O LO O
Ol %D M d' %0 m v %D d' %D w N d' 00 H co I
H Vh
z ri N H
U 7r
W �d
O ri
ON o 0 0 0 0 0 to 0 0 O O 0 O O 0 0 0
9+ 0) O O O N O 00 f/) O O %0 O O 00 0 is 0 O %0
Qi r1 M M w O m d' %0 M %D 10 v d' m d' M 00
O
z N N N
V)
a N O O O O ri O O O O O O O O O O ()
0 i< O O N -K O O 00 %0 O O 00 O d' O O I~
Cn ch t0 O %0 d' d' 0) In d' m O
r♦ {/} N N
z i? ri N
4
a
O o
>4 ON O O o O o O O O o o O O O o 0 0
rn 'cr O o 0 0 0 i< O W Iq O o O Ln
r-I N l0 W 00 LO t0 N %0 LO N d' k0 H d' v h
W r-I H r-I H N e-i N N
O ?i
a H o 0 0 0 0 0 ,--4 0 0 0 0 0 0 0 0 0 0
m N O O O O O 0 O v d' O O o O O O N
01 I- %0 0) H U) %D U) N LO LO N W W N L - O m
O H ri H M r-I N M
z
a
N O O O O O 0 O O O O O O O O a)
01 is O O O O O N O O O O O d' O O z
z m w m H w N I` LO N %0 I` O O O
RL' ri r♦ H H m ri M M
th N iR
• x
C7 &4
&I z
'Z' N r♦ rl N H N rl N r1 H N H H N v--) ri �i ri
c� a
a a
ri
� a
01 H
rI U
z
O O d' N d' m %0 M r- r` M 01 O d' N 01 m 01 O r-I
H tYi U 0) v d' M 00 %D 00 %0 N cl LO ri ON k0 10 d' O 0%
E-i W M O I� %D r1 Ln 00 m N d' d' W v N c') I- O N
P4 a r-I rl N rl N
H
C14 w
o z
a
a)
t N
(v a)
rl
H O
E-4 > a)
H ri rcl
a 0 0 a) o -° 9 -rq o t � 9 ¢+ 9 9
H rl 3 S4 LA 9 O N R! W $ P a) O O co CO
U a) 4 a) a) a) IS 3 r i a >~ t~ > 4J A r H
H A U 4J A O H a) O a) a) A O P4 r a) a)
Z A P z 0 ri r-I u x 4) O I~ g M r-I X x
0 a) O O a) k H a) is $4 co r0 cd -H td it
I
r{
I
r�
x
H
H
3
w
H
H
H
U
Ln
0 0 CO N W CO d'
4 to
N O O O O O O O O O O O Ln O O
Z m tD O O O O O Ln O co tD Ln Cl) o 0 0
rQ; Ol Ol CO v tD co d• N to H M z d' rN-I
H H N M N ri rd
4J V
• x
H z 41 0
O
ri N r-i N ri N O r-I r•i H H c• 1 r-i r
W W
a a
O, a
0) H
H C.)
z
O O O O1 tD v d' to N H Ln v Ln M M r-
H a U r� r- O co O O O r co to M r Ln N
Ei w O N Ln ON v O tD 10 M ri H Ln M N
�--1
a a ri N ri N
R El
a r4
U U
c�
O
G4
H >~ Lq 9 4-)
H v c� ► a 1� N •H 4J •r 4J tv tO
U o >
H •ri >r ZT r I •r l lD •ri N �'.
z x X r—i 9 >r ro 9 N >~ 3 3
ctY O •ri O O 0 0 0 N O •� - ri O O
a a a a a z z z z z z z z z
i
N
I
a
O
o
o
O
o
o
o
O
0
0
0
0
W
ON
N
O
O
O
O
O
co
N
K
O
K
to
O
M
L
Ln
in
d'
tD
N
d'
H
M
M
M
H
U
r•i
N
r-I
z
U
,w
O
H
o
O
O
o
0
O
o
O
0
0
0
7+
01
N
O
O
O
O
O
CO
N
k
tD
is
to
O
O1
r-
to
Ln
O
t0
N
d'
H
M
M
M
ri
r••I
M
r•1
\ \
�4
,.a
Ln 0
M
N
O
O
O
O
O
O
O O
O
O
v M
r-I
O
O
�J
O1
N
O
N
O
O
O
O CO
N
d'
RS
tD
O
z
ON
t
LO
O
O
%D
N
In d•
H
N
C
U)
M
tD
H
O
e-i
rl
M
H
N
O
4J o
z
Ln
cd >~
N
a
O
a
>+
O
O
O
O
O
O
O
o
0
0
0
0
w
ON
tD
O
O
O
O
O
O
CO
N
Co
v
0
9
O1
01
CO
N
0
CO
d'
W
e-1
d'
d'
LO
z
r
"�7
W
rl
H
M
N
O
z
O l
>
H
O
O
O
O
O
O
O
O
O
jt
O
O
Ei
H
to
O
O
O
O
O
O
co
•K
CO
co
d'
x
H
H
3
w
H
H
H
U
Ln
0 0 CO N W CO d'
4 to
N O O O O O O O O O O O Ln O O
Z m tD O O O O O Ln O co tD Ln Cl) o 0 0
rQ; Ol Ol CO v tD co d• N to H M z d' rN-I
H H N M N ri rd
4J V
• x
H z 41 0
O
ri N r-i N ri N O r-I r•i H H c• 1 r-i r
W W
a a
O, a
0) H
H C.)
z
O O O O1 tD v d' to N H Ln v Ln M M r-
H a U r� r- O co O O O r co to M r Ln N
Ei w O N Ln ON v O tD 10 M ri H Ln M N
�--1
a a ri N ri N
R El
a r4
U U
c�
O
G4
H >~ Lq 9 4-)
H v c� ► a 1� N •H 4J •r 4J tv tO
U o >
H •ri >r ZT r I •r l lD •ri N �'.
z x X r—i 9 >r ro 9 N >~ 3 3
ctY O •ri O O 0 0 0 N O •� - ri O O
a a a a a z z z z z z z z z
i
N
I
•
•
x
0 E-+
E4 z
H H H H N H N H N H N N H
C7 L�
a a
H
0) a
0) H
H U
z
O O t0 H %0 O O O co H c^f N O d' 00 d'
H 9 U 01 In c1 d ON 00 to I` 0) l- H to O 00
E-I W C1 dV sP W H M In M d' U) M d' U)
a a' I r-I H H H N N
M
N
•rl
a
o
0
O
c4
a<
0
0
0
o
O
O
O
o
0
0
0
0
tP
Ol
O
00
N
O
N
O
O
d'
U)
ko
co
H
M
d'
C')
N
d•
00
O
In
m
m
d'
U
44
a
>4
a�
a�
z
a
-H
3
•,�
a
•I
b
004
a
:~
U
,:~
as
H
•.�
O
9
H
p
O
U)
H
M
O
f0
W
N
i
H
OO
S
O
x
•fi
41
0
�
H
N
ro
�
•H
H
z
3
I~
9
0
p
I~
s~
E)
4.)
0
0
o
O
O
0
A%
O
o
LO
o
0
•rl
d1
O
co
Z
00
O
O
N
O
(n
O
v
f" )
kO
co
3
H
M
tP
'd'
N
(N
mot'
00
O
U)
w
ON
v
O
H
O
•
z
H
H
z
H
H
U)
a
a
N
p
rn
Ln
o
O
O
O
O
LO
O
O
z
O)
N
co
O
O
K
Cl)
W
co
O z
H
M
'd'
N
N
00
O
t0
01
d'
O
H
H
H
H
H
LO
N
P4
a
o
o
0)
o
o
O
O
o
O
O
O
o
0
0
0
z
0)
00
N
O
VD
O
O
O
O
N
O
00
O
O\
Ol
Ul
t0
�I'
d'
l-
N
O
%D
W
z
O
$4
H
N
(0
H
H
H
O
to
>4
r-I
H
O
O
M
O
O
o
0
0
o
O
in
O
o
0)
00
N
%D
O
O
O
O
O
O
N
[,
00
O
0)
IT
I
O
m
U)
U)
�D
d'
z
a
to
H
z
H
•
O
H
N
H
N
H
P4
a
x
�
I
H
z
N
O
O
O
O
O
O
to
O
O M
H
z
m
O
N
O
O
-K
O
O
h
co
O I
,3
o
d'
r-
Ul
U)
d'
d'
N
O
�D
H
H
H
N
H
(N
H
x
0 E-+
E4 z
H H H H N H N H N H N N H
C7 L�
a a
H
0) a
0) H
H U
z
O O t0 H %0 O O O co H c^f N O d' 00 d'
H 9 U 01 In c1 d ON 00 to I` 0) l- H to O 00
E-I W C1 dV sP W H M In M d' U) M d' U)
a a' I r-I H H H N N
M
N
•rl
0
O
E-4
tP
H
o
p
H
44
a
>4
a�
a�
•�
a
-H
3
•,�
a
•I
b
004
a
:~
s�
,:~
as
H
•.�
O
9
H
p
O
U)
H
M
O
f0
0+
N
H
OO
w
x
•fi
41
N
�
H
N
ro
�
•H
H
z
3
I~
9
0
p
I~
s~
E)
4.)
N
O
- 4
(0
O
4
4-)
a
;l
O
O
•rl
•�
Z
z
a
Z
9
U)
M
M
cn
E-4
D
>
3
3
0
Ll
v
a
w
0
z
x
z
O
H
E
O
a
x
E
H
3
H
U
a
O
>4 O
01
O
o
01
d'
N
r-1
M
�
O
o
0
O
01
N
N
H
�
U
z
01
N
N
U
ch
W
O
a
>+
�
0
0
N
N
�-i
H
d'
I
01
M
r-I
rl
a
x
a'
N
E
01
O
O
z
01
N
N
ri
1�
a
O
>4 O
1
I
01
O
o
01
d'
N
r-1
M
W
O
01
N
N
ch
a
O-
O
N
01
d'
N
01
M
r-I
rl
x
C7
E
E
z
z
0
w
w
a
a
M
a
01
H
rI
U
z
z
x
O
O
�o
HaU
01
LO
D
E
a
w
O
z
P4
m
>
U
E
•�
H
3-I
a
m
P4
9
H
AS
U
rI
IS
M
b
1~
z
o
U
3
>4
1
I
H
ON a
Cif H
r4 U
z
0 9 0 v Cl O v O Cl v' LO Ln co d' ch N ri
H W U %0 ri N H L ri lw %D O M C1 co d> v
Ei
•
o
O
O
o
O
Ln
O
O
O'
o
O
o
o
O
o
m
O
O
O
O
N
O
LO
O
O
O
O
O
O
co
ai
0
N
C1
ri
ri
ri
N
N
�D
v'
O
N
N
d'
O W
"
H
N
N
H
H
r-I
ri
N
M
M
H
N
U
z
t
U
W
O
ri
O
O
O
O
LO
O
O
O
O
O
O
O
O
O
O
0
O
O
O
O
N
O
O
O
O
O
O
O
O
CO
O
>1
ON
N
M
ri
H
H
N
M
iG
V
W
O
N
N
v'
O
ri
H
p
ai
p
9
cd
m
9
!~
4.)
is
ri
N
N
H
ri
r-I
ri
O
N
M
th
ri
M
N
O
H
t!T
a)
a
r-1
U
U
4J
a
4J
U
E
a)
O
H
4
rd
>i
r-I
p
p
>-,
W
M
r•i
p
1~
is
p
CA
a)
.,
0
ca
a)
c0
it
As
o
tio
0
R w
4
4
x
O
u
U
O
O
O
O
LO
O
O
O
O
O
O
O
O
O
Ei
a
O
O
O
O
N
O
O
O
O
O
O
O
O
co
a'
N
N
M
r-I
r-I
H
N
N
W
v'
%D
O
N
N
v'
O
C\
.
.
O
C\
H
N
N
r-I
H
r-I
r-I
N
cn
C7
ri
M
Ln
H
N
z
a
O
O
O
o
O
O
o
O
O
o
O
O
O
o
O
O
O
0
O
O
O
O
O
O
M
O
O
o
o
O
LO
o
x
m
co
Ch
r-
qq
LO
co
r
ICr
t`
Ln
o
LO
r
w
ri
N
N
H
H
ri
ri
N
N
v'
C7
ri
N
O
W
H
O
E-1
O
O
O
O
o
o
O
o
o
O
o
o
O
o
>4
ri
O
o
o
O
O
o
LO
O
o
O
o
O
O
o
co
rn
r
v
Ln
co
r
1-41
r-
U')
O
U)
O
w
ON
%
.
.
a
H
r-I
N
N
ri
H
ri
ri
N
N
v
M
r-I
v
O
+h
a
cn
x
a
o
0
o
O
O
o
O
o
O
o
O
O
o
O
E
N
O
O
O
O
O
O
to
O
O
O
O
O
O
O
H
co
ON
r
v
Ln
co
r
v'
r
U)
o
LO
o
tD I
a,
LO
ri
e--I
N
N
r
ri
ri
ri
N
N
v'
('7
ri
v'
I
rjl
W
H
Ei
x
H
6
H
U
Ei
z
O
•
H
N
N
N
N
N
N
N
N
C N
N
ri
N
N
U
x
-
w
H
ON a
Cif H
r4 U
z
0 9 0 v Cl O v O Cl v' LO Ln co d' ch N ri
H W U %0 ri N H L ri lw %D O M C1 co d> v
Ei
N
M
C7
v'
to
d'
C7
co
LO
LO
LO
co
v'
O
x a
P4 E-1
O W
P4 z
a
x
a
:e
a
x
4J
a
(0
>
a)
�
H
p
ai
p
9
cd
m
9
!~
4.)
is
U
I~
9
O
a)
r-I
O
O
r.
O
-H
N
a
H
O
a)
a
r-1
U
U
4J
a
4J
U
E
a)
O
Z
d-i
rd
>i
r-I
p
p
>-,
W
M
r•i
p
1~
is
p
is
a)
.,
0
ca
a)
c0
it
As
o
tio
0
R w
4
4
x
x
u
U
in
ca
W
w
w
w
x
x
H
C a
01 H
� U
z
090
HwU
Ei a
O
D tx
a E-4
O w
P4 z
N
•
O
o
o
O
%D
O
O
o
0
o
O
O
o
O
O
O
O
01
O
00
O
I-
O
c0
O
O
O
O
O
O
00
N
In
ai
01
N
d'
c0
M
%D
H
N
N
v
1D
N
v
.
r-1
.
CGl
H
.
.
N
N
In
N
00
00
In
M
M
M
0)
M
Cl)
Cl)
ri
H
H
N
M
e-1
H
N
x
H
N
o
°-�i
U
•�
x
�
u
z
• �4
P o
P4
9
10
M
u
4.)
H
N
s~
w
P
4J
4J
34
a
W
P4
0
0
0
W
O
O
O
O
O
0
o
O
O
Iv
T$
O
ri
O
O
O
I-
o
co
O
o
O
O
O
O
0
:$
9
v
01
N
c0
c0
M
kD
H
N
00
d'
%0
N
d'
N
%
>4
0%
z
z z
H
t
14 a
a
a
a
z
Z
Z
Z
O
ri
H
r-I
H
ri
N
M
ri
H
N
H
N
e-i
O
O
a'
O
U1
ri
a
0
0
O
0
0
0
0
0
O
0
O
O
0
O
4
N
O
O
O
O
c0
O
O
0
0
O
O
O
N
Ei
ON
N
00
c0
tD
H
In
O
v
1D
N
d'
co
ri
�Trr
C%
.
O
H
e-I
ri
H
N
M
H
H
N
H
N
ri
O
LO
N
R'i
O
O
O
O
ko
O
O
O
O
O
O
O
O
O
O
01
O
%D
O
LO
O
co
O
O
O
N
O
o
Ic
Co
.r
>4
m
w
d1
d'
d'
In
O
In
I�
1D
00
00
O
H
O
ri
.
N
N
M
cr
e-I
N
M
H
M
W
z
o
O
0
0
0
%0
0
0
O
O
O
0
0
O
O
H
>H
ri
O
O
O
m
O
co
O
O
O
qtzr
O
O
O
01
c0
M
v
d'
u)
O
In
I-
w
00
c0
O
N
is
M
I
e-I
H
M
N
N
M
d'
H
N
M
r♦
e
a
U)
O
O
O
N
O
O
O
O
c0
O
O
O
d'
O
O
O
00
x
01
00
M
qw
-%
In
O
co
t
%D
co
0
O
�r
ri
H
z
H
r I
M
N
M
v
ri
N
M
ri
M
N
3
�
w
x
H
C7
H
Ei
Ei
z
H
O
U
�
•
N
N
N
N
N
N
N
N
N
N
N
C N
N
r♦
a
!
a
H
C a
01 H
� U
z
090
HwU
Ei a
O
D tx
a E-4
O w
P4 z
N
01
CO)
O
I
ri
M
tD
ri
01
d'
O
a%
%D
N
O
O
O
O
I-
%D
0)
M
M
M
N
%D
c0
00
01
01
I-
00
01
In
O
d'
d'
%0
I.
In
M
.
.
.
.
.
.
.
.
.
.
.
.
.
.
N
N
In
N
00
00
In
M
M
M
0)
M
Cl)
Cl)
t
N
c�
,C
E
U
•�
rd
N
H
x
a
o
°-�i
a
•�
x
�
u
• �4
P o
P4
9
10
M
4.)
H
N
s~
w
P
4J
4J
34
a
U
P4
RS
la)
ri
O
9
O
W
b
O
.J~
H
Iv
T$
V
o
4J
4J
•�
b
9
C
a
4-)
z
to
p
x
:$
9
v
4
'O
s~
>~
:
3
3 p
z
z z
H
t
14 a
a
a
a
z
Z
Z
Z
Z
t
u
L '
•
o
Ict
to
N
t
0
U1
W
I`
N
0
t0
OD
CO
w
0)
O
O
O
O
O
O
O
O
o
O
O
o
0
Ix
01
o
o
N
In
o
o
o
o
N
O
0
O
0
.
r I
q
0
O
t-
W
O
N
I-
H
co
d'
to
N
01
U)
.
.
.
.
.
..
.
.
.
.
.
N
N
e-I
M
M
H
N
M
H
N
e-i
Hi
U
z
U
x
ro
r�
W
ri
a
H
O
ON
O
O
O
O
O
O
O
o
O
O
o
o
O
01
O
O
N
U)
O
O
O
O
N
O
O
O
O
>+
H
d'
01
O
N
%D
O
N
r
H
00
%D
O
N
O
O
N
N
r-I
M
M
r-I
N
M
H
Cl)
N
H
O
a
a
m
m
m
m
u
3
3
O
�
r-I
O
O
O
O
O
O
O
O
O
O
0
0
O
a
N
O
O
N
U7
O
O
O
O
O
O
O
O
O
H i�
d•
01
O
t`
%D
O
N
1
N
00
10
O
v
CA
.
z a
r-I
N
N
ri
M
M
r-I
N
v
r-I
Cl)
N
N
O
O
U7
N
Ri
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
01
O
O
O
O
O
O
O
O
O
O
O
O
N
>+
O
10
N
O
N
LO
00
M
01
d'
O
N
0)
O
H
.
.
.
W M
M
r-I
ri
d'
d'
r�
M
M
N
M
N
r-I
w
z
O
O
0
O
o
O
o
0
0
0
0
0
0
0
O
H
>4
H
O
O
O
O
O
O
O
O
O
O
O
O
N
O1
O
10
N
O
N
U7
co
Cl)
C1
d'
N
d'
0)
01
r-I
M
M
r-I
r-I
M
N
d'
N
ri
a
cn
O
P4
a
0
o
O
0
0
0
0
0
0
O
o
0
0
N
O
O
O
O
O
O
O
O
O
O
O
O
O
x
'
O1
O
10
N
O
N
U)
0
M
r-I
d•
N
d'
l0
E"
e
Ol
H
r♦
M
M
r♦
ri
v
v
H
M
U)
N
d'
N
Cl)
w
x
H
C7
E-+
H
O
U
+
•
N
N
N
N
N
N
N
N
N
N
N
N
N
O
w
x
a
a
H
rn a
01 H
ri U
z
oao
HWU
Ei a
O
x a
a Ei
o w
w
m
Ict
to
N
t
0
U1
W
I`
N
0
t0
OD
CO
O
W
N
N
M
%0
O
H
M
01
O
v
N
t-
%D
10
%D
to
01
01
01
to
d•
O
.
.
.
.
.
.
.
.
.
.
.
.
M
t-
(N
N
CO
r
N
d'
01
U)
%0
M
M
a zl
`
M
x
Is
x
a
>I
•r-I
I
x
ro
r�
o
a
H
O
O
9
p
3
U
a
0
O
w
I~
w
a
tP
W
9
Z
0
H
9
N
9
N
tV
$4
-H
O
N
0
0
o
a
a
m
m
m
m
u
3
3
I
I
1p
1
co
I
(!�
O
O
O
O
O
O
O
O
O
O
O
O
CO
O
O
O
x
m
o
r-
m
o
o
o
o
o
o
o
o
0
o
o
0
GA
%D
LO
d'
V
O
00
O
O
M
kD
O
%D
O
LO
N
H
.
.
.
.
_
.
.
.
.
.
.
_
M
M
M
N
M
rl
M
d'
M
M
M
d'
M
d'
U)
z
u
w
o
O
O
0
0
0
O
O
O
0
0
O
0
0
0
O
O
H
O
l-
Ln
0
O
O
O
O
O
O
O
N
O
O
00
O
ON
%D
LO
r
d'
O
00
w
O
M
%D
%D
co
O
U)
N
O
01
ri
M
M
M
N
M
L
M
d'
M
M
Cl)
LO
M
d'
U)
O
V}
N
O
M
H
o
0
O
O
0
0
0
O
0
O
O
o
0
0
0
a
N
O
I-
to
O
O
O
O
O
O
O
O
N
O
O
0
O
iQ,'
ON
LD
U)
1-
v
O
CO
�D
O
M
%D
N
O
O
LO
N
O
"J
01
O
z
.• I
M
M
M
N
M
l-
M
d'
M
M
Nr
U)
M
v
U)
O
fi
O
O
O
O
O
O
O
O
O
O
O
N
O
O
O
x
o
O
O
O
O
O
O
0
0
0
0
O
m
0
0
O
O
O
0
N
N
M
%D
LD
00
co
N
%D
co
N
Cl)
N
O
lD
a
>4
o,
_
_
_
_
O
W
H
O
P
o
0
0
0
0
0
0
O
O
O
O
0
0
0
0
>+
H
O
o
0
O
0
0
0
0
O
o
0
0
O
o
N
O
O
o
%D
01
N
N
L-
LD
%D
O
00
N
%0
co
CO
W
e-i
d'
d'
d'
M
M
M
d'
U)
M
d'
d'
LD
d'
1D
tD
O
a
U
x
a
O
O
O
o
O
0
o
O
0
0
0
O
O
0
0
H
N
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
,7
M
N
N
I-
%D
%D
CO
CO
N
%D
CO
d'
O
N
O
t0
z
ri
v
d'
Nt
Cl)
M
(n
d'
U)
M
v
LO
%0
v
%D
t0
U1
a'
�
r•I
W
H
H
L7
F
u
H
z
cn
z
O
1
x
a
o,
a
01
H
H
U
z
":
w
N
01
N
m
O
O
d'
c•I
mot'
�D
d'
N
CO
O a
O
ri
ON
d'
M
M
r
d'
M
d'
O
I`
r
OD
O
0)
H W
U
N
r-I
O
I`
M
Ol
v
In
LO
W
M
m
d'
v
M
H a
_
_
LO
r-
%D
r•I
H
co
U1
%D
N
v
N
00
r-I
N
v
O
H
H
r-1
r-I
H
r-4
ri
r-I
r-1
r-I
r-I
e-I
ri
ri
ri
x
a
a
H
O
w
a
�
N
4
H
0)
a
O
a
a�i
x
a3i
•ri
�
r•1
x
�
P4
p
N
H
U
0)
>
RS
r4
a
(o
f0
A
g
•-1
•ri
N
'C3
W
4
S:
fd
1-1
G1
•r)
H
O
A4
I~
.S.
V.
N
0
A
4-)
4-)
'O
O
N
A
u
u
u
u
x
x
z
z
z
0
a
9
9
1
co
I
I
•
O O O O
O O O O
r- CO 'd' t0
U) d' N m
ON
0)
H
U
z
U
W
O
ON
M
rn
H
a
N
7� ON
H
x o
O m
>4 01
i H
i
1 Q
I �+ H
I x c
I � H
1
I m
a
N
1 m
z H
O O
O
O
0 0
0
0
O
IV
to
U) tD
N
C7
0 o
O
O
O O
O
O
H O
d'
%D
U) tD
N
M
O O
O
O
N O
O
O
H O
to
N
t0 t0
f7
d'
O O
O
O
N O
O
O
H N
t0
N
tD I
f")
d'
O O
O
O
N 0'
O
O
H N
t0
N
10 r-
Cl)
d'
.-.
lap
•
i
N N N N
0 z
H O
c� a
a a
H
a
M
H
ON
U
H
z
::)
m
N
H
W
O ai
U
r-
00
O
N
H W
as
�
E-1
a
W
O
z
a
N
4
H
>4
0
0
E-+
•rl
H
a
a i
x
a�
4-)
a
a�
it
to
+�
H
i1.
3
•,i
m
H
9
H
9
4-)
Z
c�
•,i
'�
N
R
t
U
>
3
H
■
•
•
O
O
O
O
N
a
W
O
z
O
H
H
a
O
a
x
H
H
U)
W
H
E-1
H
U
rn O
O
O
O
O
d'
O
O
O
%D
O
O
O
O
N
a 01
O
O
O
v
O
v
O
O
N
O
O
O
LO
U'1
01
O
I
O
ri
co
O
O
00
%0
d'
00
H
co
%0
10
ri
I
O
%0
L
L
kO
I`
00
L-
V}
H
rl
t0
Ln
O
d'
r-
Ln
01
v
Ln
Ln
d'
Ln
Ln
U)
U
O
O
r-i
O
O
O
O
t0
O
v
O
O
O
N
z
O
N
O
O
Ln
O
(")
N
H
O
O
L
O1
O
U
d'
00
O
O
v
Ln
L
Do
Ln
L
r1
L-
O
LD
w r♦
O
N
O
O
O
O
O
O
%D
O
O
O
O
N
O d1
O
d'
O
O
O
O
O
O
N
O
O
O
O
Ln
OO N
O
Ol
O
O
00
d'
O
co
W
v
co
ri
H
1D
>4 H
►
►
►
►
.
►
.
.
.
►
►
N
.
►
d'
%D
Ln
O
Ln
r-
Ln
01
v
Ln
Lo
v
U)
tD
Ln
r-
0o
�-i
r
N
co
O
t0
r-
L
%D
r
co
01
V?
H
H
H
i-1 N
O
tD
O
O
O
O
O
O
%0
O
O
O
O
Lo
01
O
H
O
O
O
00
O
O
N
O
O
O
O
H
Ol
O
N
O
O
v
ri
O
00
10
v
00
r{
ri
00
H
N
•ri
r I
r♦
>
a
b)
0
10
%D
O
Ln
00
10
01
d'
Ln
Lo
d'
LO
W
+-)
ri
a,
H
H
•ri
O
O
O
9
I~
41
O
P4
O rn
>4 ri
w
O
ri
01
rl
a
R,' N
0)
Elm
U z
Ei O
W W
a a
rI a
01 H
0) U
H z
O
O
O
O
O
O
O
O
H
O
O
O
O
%D
O
O
O
00
O
%D
O
O
N
O
O
Lo
O
M
N
0o
O
d'
L
Ln
O
%0
It
N
O
O
O
U1
L
L
In
10
ri
I
O
%0
L
L
kO
I`
00
L-
V}
H
rl
H
►
P W
v
00
%0
co
O
00
O
O
O
O
O
O
ri
O
O
O
O
t0
O
v
O
O
O
N
O
O
N
O
O
Ln
O
(")
N
H
O
O
L
O1
O
tD
d'
00
O
O
v
Ln
L
Do
Ln
L
r1
L-
O
LD
L-
L-
%D
L
co
L-
V}
H
w
rI
H
O
qt;r
O
O
O
O
O
O
r I
O
O
O
O
Ln
O
N
O
O
O
O
O
O
N
O
O
to
O
O
N
d'
O
O
%D
L
O
%D
v
N
O
O
d'
H
r-
0o
Ln
r
N
co
O
t0
r-
L
%D
r
co
01
V?
H
H
H
N N d' N N d' M N N N N N N N
I
O
ri
I
p
w
In
Ln
t`
r-I
w
w
Ln
co
01
r♦
O
Ln
ri
Z
O
01
L
M
CO
00
co
I`
M
co
O
r♦
L-
Cl)
L-
O a
U
Lo
01
M
co
cl
N
01
01
L-
v
(n
O
Cl)
01
H w
►
P W
v
00
%0
co
1D
H
N
N
f")
r-
Ol
10
co
O
M
00
N
Ln
Ln
Ln
N
N
v
M
d'
N
N
a th
► 7
E�
a
w
O
z
w
s4
(1)
4.)
x
a�
H
�-
O
U
a
O
a
S
a
>4
>4
--�
M
(1)
r�
H
N
•ri
r I
r♦
>
a
b)
0
Ul
iS
+-)
r♦
a,
H
H
•ri
O
O
O
9
I~
41
N
(0
rO
rO
Z
a
O
O
O
O
M
O
4J
?+
CT
O
-H
r-I
r-I
M
P
O
O
O
M
L13
rO
rO
M
O
R 0 4
4
m
m
PU
m
m
U
U
U
W
W
w
w
a
I
O
ri
I
•
� rn
H
U
z
U
W
O H
>� 01
H '
011
H
r
O
O
O
O
O
O
01
O
N
O
O
O
0
O
O
O
O
O
O
d'
Co
tD
O
Ln
O
o
O
O
O
o
N
v
d•
tD
O
to
N
O
t4
00
co
Ln
N
1D
O
.
.
.
.
.
.
.
.
.
.
.
.
.
.
d'
In
l!)
tD
In
Ln
Ln
tD
Ln
d'
d'
d'
qd
M
M
O
O
O
O
L`
O
%0
O
N
O
O
O
O
O
O
O
o
O
H
o
co
H
O
Ln
o
O
O
o
O
O
N
O
d'
O
tD
Ln
L-
M
to
%r
co
Ln
N
tD
M
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
v
tD
Ln
L-
Ln
U)
Ln
tD
Ln
Ln
d'
v
d'
(n
M
O O O 01 d' O tD O CO O O O O O O
O O O U) O co H O r- O O CO O O O
N tD O 01 1D to L` M w d' C0 %D N tD M
. . . .
d' tD tD tD Ln Ln Ln tD Ln Ln d' r V Cl) M
O
p
O
O
O
O
O
O
O
Ln
O
N
O
O
O
O
O
O
0
x
m
O
o
0
0
0
0
q.
o
0
0
0
0
0
0
0
0
0
01
O
to
N
Ln
N
N
d'
N
N
O
N
O
N
O
N
E-4 a
(V
d'
O
O
o
Ln
tD
r
1`
L`
L`
r
c0
r-
tD
L`
t0
r-
d'
lw
N
si'
N
N
Ln
M
M
V
N
N
N
N
0
P4
w
Ei
N
W
O
a
W
+�
>
O
O
O
M
O
O
co
O
N
O
O
O
O
O
O
O
>+
H
o
O
O
L`
O
O
r-
O
co
O
O
O
O
O
N
01
O
N
N
01
d'
N
O
tD
N
N
N
O
N
Co
tD
` zi
01
%
.
.
%
.
.
%
.
.
%
%
%
O
H
Ln
L`
h
L`
co
r-
0o
co
L`
L`
L
tD
L`
lw
d-
H
4
LLY
>�
M
E-L
ri)
0
P4
H
a
b
L4
o
O
0
0
o
O
0o
O
M
O
O
0
0
0
0
a'
N
O
O
O
O
O
O
L`
O
L`
O
O
d'
O
O
N
P4
p
ON
O
o
O
01
v
N
O
W
Ln
N
N
N
N
o
t0
O
Z
m
3
41
p
0
:j
•rl
•rj
O
>
0
U
P
P4
(1)
H
Ln
L`
o
L`
o
L`
o
o
L`
1`
1`
tD
L-
d'
Kr
�
a)
4J
P C
>
x
04
x
9
3
3
�
0
5
0
P
En
E
3
H
z
x
a
a
c
3
3
H
cD
z
W
z
z
M
N
N
N
d'
N
N
N
N
N
d'
N
N
N
N
H
E4
H
0
9
U
a
a
H a
01 H
rn U
H z
1
H
H
1
4)
M
G
0
m
W
W4
O
z
p
r
v
to
v
o
r
M
m
o
Ln
t`
r
t`
o
Ln
Z
o
L-
Ln
M
Ln
r-
O
Ln
O
H
CO
O
co
M
00
L-
O 94
U
d'
00
L
01
M
N
C0
co
1
d'
Ll
Ln
H
N
O
H W
E-4 a
(V
d'
o
O
o
N
H
O
Ln
M
M
d'
O
O
0
N
N
M
M
si'
N
N
Ln
M
M
V
N
N
N
N
0
Ei
N
a
W
+�
o
z
s~
P4
0)
x
$4
LLY
>�
M
a
0
P4
H
a
b
o
a)
o
z3
. G
.0
b
a)
m
3
p
rI
p
0
9:
ON
a)
4
H
r-1
•rq
a)
4-)
0)
>4
a
0
r-I
0
0
0
•ri
a
4-3
a)
H
:3
•rl
cn
as
$4
H
•r{
3
41
p
0
:j
•rl
•rj
O
>
0
U
P
>
(1)
a)
a)
W
x
0
w
>
as
a)
.t~
a)
A
H
�
a)
4J
P C
>
x
04
ice,
9
3
3
�
0
5
0
En
E
3
z
z
a
a
a
c
3
1
H
H
1
4)
M
G
0
m
W
W4
O
z
APR 2 7 !�q2
STATES OF
HHEEZOUZ
DEPARTMENT OF NATURAL RESOURCES
500 LAFAYETTE ROAD • ST. PAUL, MINNESOTA • 55155 -40
DNR INFORMATION
(612) 296 -6157
April 23, 1992
James C. Hurm
City of Shorewood
5755 Country Club Road
Shorewood, MN 55331
• Dear Mr. Hurm:
Considerable interest has been shown for the SBA Natural Resources Development
Program for Community Tree Planting. Thirty-two applications were received totalling some
$121,376.00 in grant requests. The majority of project proposals involved replacement of boulevard
and park trees lost due to disease, drought, storms or construction damage. Most grants were
requested to expand present efforts or to replace funds lost from earlier budget cuts. Some
projects were highly dependent upon grant funding (i.e., without SBA monies the projects would
not be completed). Projects were evaluated by an urban forestry panel and ranked according to
the information provided on the application.
Your community's grant request has been initially approved by the DNR - Division of
Forestry, and was recently submitted to SBA for their approval. SBA approval of the
recommended projects is expected within a month. Also, you will be contacted by your local DNR
is district forester to review your proposal. Following SBA approval and local DNR review, grant
agreements will be processed and must be completed prior to any work being performed. Please
remember that these funds can only be used for projects this Fall or during the Spring of 1993.
If there are any questions regarding the SBA grant program or your community's
application, please contact me at 612- 772 -7563. Thank you for your time and interest in this
program.
Sincerely,
* onathan E. Stiegler
Urban Forestry Coordinator
1 5 Z) t
AN EQUAL OPPORTUNITY EMPLOYER
historic
.Excelsior
EXCELSIOR AREA CHAMBER OF COMMERCE
AprilV, 1992
Mr. James C. Hurm
City Administrator
City of Shorewood
5755 Country Club Road
Shorewood, MN 55331
Dear Mr. Hurm:
0 2 9 \99
On the shores of Lake Minnetonka
The Excelsior Area Chamber of Commerce is organizing a Fourth of July
celebration for our entire South Lake Community.' The festivities
will begin at 8:00 a.m. with a firecracker two mile run, and 10
kilometer run. At noon the criterim bicycle race, the longest running
bicycle race of its type in Minnesota, begins with multiple runs and
contests.
At 6:30 p.m. our fun in the park begins with food and refreshments
available. Music will begin at 7:30 p.m. This year we are featuring
the Sevilles, a 10 piece show band which has headlined Grand Avenue
Days in St. Paul for the past five years. The music concludes at 10:15
p.m. with a fireworks display.
The display will feature larger shells than last year as we have moved
the launch site onto the waters of Lake Minnetonka. We are looking
to an exciting cap to our day's events.
The City of Shorewood has been a continuing sponsor of our community -
wide Fourth of July celebration, and your financial support is
essential, if we are to provide this patriotic family oriented
celebration.
On behalf of the Excelsior Area Chamber of Commerce and all the
children and families that enjoy the event, I ask your continued
support by a donation equal to your last year's support, and if at all
possible, an increased amount, as our expenses continue to rise.
&
POST OFFICE BOX 32 • EXCELSIOR, MINNESOTA 55331 • PHONE (612) 474 -6461
EXCELSIOR AREA CHAMBER OF COMMERCE
Mr. James C. Hurm
Page 2
April 8, 1992
We promise Shorewood, your friends, neighbors, and citizens another
fine Fourth of July, and thank you in advance for your continued
strong financial support.
Sincerely,
EXCELSIOR CHAMBER OF COMMERCE
4th of July Committee
B rI
Y
Bert McDoug 1
•
CHECK APPROVAL LIST FOR MAY 11, 1992 COUNCIL MEETING
CK NO TO WHOM ISSUED PURPOSE AMOUNT
CHECKS ISSUED SINCE APRIL 22, 1992
9007
9008
9009
9010
9011
9012
9013
9014
9015
9016
9017
9018
9019
9020
40 021
022
9023
9024
9025
9026
9027
9028
9029
9030
9031
9032
9033
9034
9035
9036
9037
4038
039
9040
9041
9042
9043
9044
9045
9046
9047
9048
9049
9050
9051
9052
(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)
(L)
(G)
(G)
(G)
(G)
(G)
(G)
(G)
(G)
(G)
(G)
(G)
(G)
(G)
(G)
(G)
(G)
(L)
Void
First State Bank
Commiss. of Revenue
Pera
ICMA Retirement Trust
City Cty Credit Union
Child Support Enforce.
Anoka Cty Supp /Collec.
Sensible Land Use Coal.
Quik Print
Void
Andresen, Craig
Anderson, Mr. Raymond
Wendy Davis
Intnl Office Systems
Cellular Telephone Co.
Pepsi Cola Company
Bellboy Corporation
Griggs, Cooper and Co.
Hoops Trucking
Johnson Brothers Liquor
Mark VII
Niemela, Harry
Pepsi Cola Company
Ed Phillips and Sons
Pogreba Distributing
Quality Wine /Spirits
Ryan Properties
US Postmaster
Twin City Striping
State of Minnesota
Void
Wendy Davis
Patricia Helgesen
Hennepin Cty Treasurer
Wayne Janzen
City of Minnetonka
Bradley Nielsen
Northern States Power
Northern States Power
Joseph Pazandak
Petty Cash
Alan Rolek
US West Communications
Waste Management - Savage
Bellboy Corporation
Payroll deductions
Payroll deductions
Payroll deductions
Payroll deductions
Payroll deductions
Payroll deductions
Payroll deductions
Conf regist.- Nielsen,Helgesen
Audit book printing
Payroll deductions
Recycling award
Reimbursement
Maintenance contract
Cellular phone air time
Pop machine rental
Liquor purchases
Liquor,wine, misc purch
Liquor and wine purchases
Liquor and wine purchases
Beer and misc purchases
May rent for store I
Misc purchases
Liquor and wine purchases
Beer and misc purchases
Liquor, wine, misc purch
May rent for store II
Meter cards postage
Street striping
Hazardous waste inv. fee
Sec 125 reimbursement /mileage
Sec 125 reimbursement
Half section maps
Sweeper
First quarter water usage
Sec 125 reimbursement
Street light utilities
Utilities
Mileage and film /processing
Petty cash reimbursement
Sec 125 reimbursement /mileage
Telephone service /advertising
Waste removal
Liquor purchases
5,717.26
908.35
1,893.80
616.28
145.00
89.10
110.59
40.00
241.68
625.00
75.00
46.00
99.00
51.79
10.00
2,847.49
2,516.62
364.70
651.42
3,154.30
1,564.00
134.26
1,636.32
1,946.30
1,911.55
2,200.00
226.20
2,000.00
125.00
CONTINUED NEXT PAGE
113.43
194.00
28.00
2,500.00
811.59
140.00
1,774.38
1,281.39
74.19
79.87
182.51
1,036.01
227.00
2,823.85
-1-
CHECK APPROVAL LIST FOR MAY 11, 1992 COUNCIL MEETING
CK NO TO WHOM ISSUED PURPOSE AMOUNT
CHECKS ISSUED SINCE APRIL 22, 1992
9053
(L)
Copier Alternatives
Copier maint contract
30.00
9054
(L)
Griggs, Cooper and Co.
Liquor,wine,misc purchases
4,436.63
9055
(L)
Johnson Brothers Liquor
Wine purchases
2,657.38
9056
(L)
Ed Phillips and Sons
Liquor and wine purchases
2,487.19
9057
(L)
Quality Wine /Spirits
Liquor,wine, misc purchases
610.96
9058
(L)
Schwaab
Stampers
130.95
9059
Void
9060
(G)
First State Bank
Payroll deductions
5,473.02
9061
(G)
Commissioner of Revenue
Payroll deductions
919.84
9062
(G)
PERA
Payroll deductions
1,878.01
9063
(G)
ICMA Retirement Trust
Payroll deductions
616.28
9064
(G)
City Cty Credit Union
Payroll deductions
145.00
9065
(G)
AFSCME Local #224
Payroll deductions
131.60
9066
(G)
Child Support Enforce.
Payroll deductions
89.10 s
9067
(G)
Anoka Cty Suppt /Collec.
Payroll deductions
110.59
9068
(G)
Pera
Payroll deductions
80.00
9069
(G)
Medcenters Health Plan
May health insurance
909.50
9070
(G)
Medica Choice
May health insurance
4,231.80
9071
(G)
Group Health Inc.
May health insurance
1,070.28
9072
(G)
League of Mn Cities
May dental insurance
422.01
9073
(G)
Mn Mutual Life
May disability insurance
85.50
9074
(G)
Commercial Life Ins Co.
May life insurance
51.33
9075
(G)
AFSCME Council 14
May dental insurance
224.00
9076
(G)
Pera
May addtl life insurance
42.00
9077
(G)
Sam's Club
Membership fee
35.00
9078
(G)
Frank's Nursery /Crafts
Tree replacement
89.97
9079
(G)
Sam's Club
Refrigerator for city hall
379.35
Total General
38,446.60
Total Liquor
32,103.92
Total Checks Issued
70,550.52
-2-
DATE 05/06/92 TIME 02:22 CITY OF SHOREWOOD COUNCIL REPORT
CHECK APPROVAL LIST FOR
MAY 11, 1992 MEETING
CHECKI# VENDOR NAME DESCRIPTION DEPT. AMOUNT
9082
AIRSIGNAL, INC.
BEEPER SERVICES
-- -- - - - ---
9.58
9083
EARL F. ANDERSON & ASSOC.
STREET SIGNS
--- - - - ---
881.42
9084
ASSURED OFFICE SYSTEMS
CITY HALL JANITORIAL SVC
MUN BLDG
236.00
9085
BROWNING--FERRIS INDUS.
SATELLITE RENTAL
PARKS &
479.55
9086
BRYAN ROCK PRODUCTS, INC.
ROCK SUPPLIES
CITY GAR
2,464.51
9087
BRC ELECTIONS- MIDWEST REG
ELECTION SUPPLIES
GEN GOVT
93.03
9088
CHASKA PARTS SERVICE
MAINT SUPPLIES
PUB WKS
241.98
:* TOTAL
MAINT SUPPLIES
FOR CHASKA PARTS SERVICE
CITY GAR 15.00
256.98
9089
CROSSTOWN -OCS, INC_
COFFEE AND PAPER TOWLS
MUN BLDG
100.50
9090
DALE GREEN COMPANY(THE)
BLACK DIRT
CITY GAR
492.00
9091
DAVIES WATER EQUIPMENT CO
SHIPPING ON MTR SUPPLIES
WATER DE
3.09
9092
HAROLD DIRCKS
COUNCIL MEETING TAPING
COUNCIL
90.00
9093
EDS ARCHITECTURE
APRIL ENGINEERING SVCS
- ---- -_ __
2,505.79
9094
GOVERNMENT TRAINING SERV.
CLERKS SCHOOL REG - LATTER
GEN GOVT
280.00
9095
HART FORMS & SYSTEMS
METER READING CARDS
WATER DE
411.65
9096
HENNEPIN COUNTY TREASURER
PRISONER EXPENSE -MARCH
POLICE P
907.50
9097
HENNEPIN COUNTY TREASURER
PROPERTY TAXES
MUN BLDG
643.28
9098
ICMA DISTRIBUTION CENTER
AMDIN BOOKS
ADMIN
104.57
9099
J & R RADIATOR CORP.
VEHICLE MAINT SUPPLIES
PUB WKS
222.00
9100
LEAGUE OF MN CITIES
CLERK ORIENTATION- -LATTER
GEN GOVT
95.00
9101
MN SUBURBAN PUBLICATIONS
PUBLISHING
- •-- -- - ----
21.44
PUBLISHING
GEN GOVT
142.04
** TOTAL
FOR MN SUBURBAN PUBLICAT
163.48
9102
MUELLER SALES CORP.
LIFT STATN REPAIR SUPPL_
SEWER DE
133.02
9103
ORR,SCHELEN,MAYERON /ASSOC
ENG SVCS -ON GOING
-- - - - - --
585.00
ENGINEERING SVCS - GENERAL
PROF SER
6,022.26
ENG SVCS -PW FACILITY
--- - - - ---
1,383.47
ENG SVCS -OLD MKT ROAD
-- - - - - --
219.38
ENG SVCS -LIFT STATN REPR
SEWER DE
1,096.88
* TOTAL
FOR ORR,SCHELEN,MAYERON/
9,306.99
9104
PEPSI COLA COMPANY
CITY HALL POP SUPPLIES
MUN BLDG
89.50
-3-
DATE 05/06/92 TIME 02:22 CITY OF SHOREWOOD COUNCIL REPORT
CHECK APPROVAL LIST FOR
MAY 11, 1992 MEETING
CHECK## VENDOR NAME DESCRIPTION DEPT. AMOUNT
91.05
POMMER COMPANY, INC.
APPRECIATION PLAQUE
PLANNING
51.60
9106
POWER BRAKE AND EQUIPMENT
MAINT SUPPLIES
PUB WKS
13.26
9107
SCHUSTER EQUIPMENT CO..
MAINT SUPPLIES
CITY GAR
76.49
9108
SHERATON INN MIDWAY
LODGING —A LATTER
GEN GOVT
243.00
9109
SO LK MTKA PUB SAFETY DER
RESERVE DINNER
--------
250.00
MAR BOOMING FEE
POLICE P
145.35
** TOTAL
FOR SO LK MTKA PUB SAFET
395.35
9110
TONKA AUTO AND BODY SUPP
VEHICLE MAINT SUPPLIES
PUB WKS
116.13
9111
UNITOG RENTAL SERVICES
LAUNDRY SERVICES
CITY GAR
336.
9112
UNIVERSAL TITLE
WATER OVERPAY— REFUND
— ~ ~— ~--~ --
91.51
9113
WOODLAKE SANITATION LANDF
DUMPING FEE
SANIT /WA
177.98
9114
DAYTIMES, INC.
ADMIN OFFICE SUPPLIES
ADMIN
64.34
:k** TOTAL CHECKS FOR APPROVAL
.ic** GRAND TOTAL * **
21,535.88
92,086.40
0
I
—4—
CHECK APPROVAL LIST FOR MAY 11, 1992 COUNCIL MEETING
CK NO TO WHOM ISSUED HOURS AMOUNT
CHECK REGISTER FOR MAY 1, 1992 PAYROLL
206169
Void
206170
(G)
Barbara
Brancel
Mayor
187.10
206171
(G)
Robert
Daugherty
Council
140.32
206172
(G)
Robert
Gagne
Council
142.50
206173
(G)
Daniel
Lewis
Council
140.32
206174
(G)
Kristi
Stover
Council
142.50
Total payroll 752.74
•
-5-
CHECK APPROVAL LIST FOR MAY 11, 1992 COUNCIL MEETING
CK NO TO WHOM ISSUED HOURS AMOUNT
CHECK REGISTER FOR MAY 5, 1992 PAYROLL
206175
Void
206176
(L)
Scott Barrlett
28.0
reg
hours
153.37
206177
(G)
Charles Davis
80.0
reg
hours
535.45
206178
(G)
Wendy Davis
80.0
reg
hours
575.08
206179
(L)
Kevin Foss
9.5
reg
hours
50.00
206180
(L)
Cory Frederick
39.5
reg
hours
196.99
206181
(L)
John Fruth
13.25
reg
hours
71.65
206182
(G)
Patricia Helgesen
80.0
reg
hours
681.78
206183
(G)
James Hurm
80.0
reg
hours
1,493.60
206184
(G)
Brian Jakel
44.5
reg
hours
217.30
206185
(G)
Dennis Johnson
80.0
reg
hours
716.44
206186
(L)
Martin Jones
25.5
reg
hours
127.16
206187
(L)
William Josephson
80.0
reg
hours
597.68
206188
(L)
Mark Karsten
13.0
reg
hours
68.731&
206189
(G)
Anne Latter
80.0
reg
hours
793.34
206190
(L)
Susan Latterner
37.5
reg
hours
193.88
206191
(G)
Joseph Lugowski
80.0
reg
hours
701.20
206192
(L)
Robert Lynch
8.0
reg
hours
42.11
206193
(L)
Russell Marron
33.5
reg
hours
179.22
206194
(L)
Kelly McKasy
18.0
reg
hours
80.71
206195
(G)
Lawrence Niccum
80.0
reg
hours
668.91
206196
(G)
Susan Niccum
80.0
reg
hours
654.72
206197
(G)
Bradley Nielsen
80.0
reg
hours
937.92
206198
(G)
Joseph Pazandak
80.0
reg
hours
960.46
206199
(G)
Daniel Randall
82.0
reg
hours
744.07
206200
(L)
Juliet Robideaux
12.0
reg
hours
54.81
206201
(G)
Alan Rolek
80.0
reg
hours
1,060.02
206202
(L)
Brian Rosenberger
16.0
reg
hours
74.23
206203
(L)
Christopher Schmid
80.0
reg
hours
385.04
206204
(G)
Howard Stark
80.0
reg
hours
619.87
206205
(L)
John Stoley
17.5
reg
hours
80.8010
206206
(G)
Beverly Von Feldt
80.0
reg
hours
533.63
206207
(G)
Ralph Wehle
80.0
reg
hours
576.17
206208
(L)
Dean Young
80.0
reg
hours
588.59
206209
(G)
Donald Zdrazil
80.0
reg
hours
1,153.42
TOTAL GENERAL 13,406.08
TOTAL LIQUOR
TOTAL PAYROLL
3,162.27
16,568.35
c'