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052289 CC Reg AgP ..... ." , <. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, MAY 22, 1989 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. AGENDA ROLL CALL A. Pledge of Allegiance B. Roll Call Stover Gagne Brancel Watten "Mayor Haugen 1. APPROVAL OF MINUTES A. Regular Council Meeting - May 8, 1989 (Att.No.lA-Minutes) 2. CONSENT AGENDA A. Petition for Dead End Sign (Att.No.2A-Petition and Memo) B. Beer and Liquor License Renewals: Minnetonka Country Club - Liquor and Sunday American Legion - Club and Sunday Skipperette-No~lchu~ff Sale . . . (Att.No.2B-App11cat1ons) C. Authorize Donation to Old Thyme County Fair ~50 (Att.No.2C-Letter of Request) D. Authorize Do~ation to 4th of July Celebration ~IOOOOO (Att.No.2D-Letter of Request) E. CDBG Grant Repayment Subordination (Att.No.2E-Letter of Request) F. .Permanent Appoint of Finance Director Alan Rolek (Att.No.2F-Staff Recommenda- tion) ~ G. Request to Water Public Boulevards at Waterford (Att.No.2G-Request and Memo) H. Permit for Incidental Use of Public Road Right-of-Way- 4360 Enchanted Drive (Att.NO.2H-Applicant and Memo) . -1- \. AGENDA-MONDAY, MAY 22, 1989 PAGE 2 2. CONSENT AGENDA - Continue I. Baywood Shops - Extension Request (Att.No.2I-Staff Memo) ~~~~~d ~ Vote f6J.n 3. COMMISSION REPORT A. Planning Commission B. Park Commission 1. Freeman Park - Report by George Haun 2. Approval to Relocate a Portion Freeman Park Drive . 3. Authorize Sate lite Service at Minnewashta Schools 4. Appointment to Park Commission Vacancy 4. MINNETONKA PORTABLE DREDGING - PROPOSED TEXT AMENDMENT (Att.No.4-Staff Memo) 5. APPEAL JUNK ORDINANCE CITATIONS A. Alan McKinney - 4925 Rustic Way B. Greg Sorensen - 25535 Birch Bluff Road C. Siegfried Weissner - 26780 Smithtown Road (Att.No.5-Letters of Appeal Notice to Remove) 6. REQUEST FOR SPEED LIMIT REDUCTION (Att.No.6-Letter of Request and Petition) 7. STAFF REPORT A. Attorney's Report 1. Strawberry Lane Curb and Gutter Installation 2. Resolution - C.U.P.jVariance-Frontier Industries (Att.No.7A-2-Resolution) 3. Contaminated Soil Status 4. Proposed Amendment - Abandoned Motor Vehicle Ordinance (Att~No.7A-4-Draft Ordinance -2- . AGE~DA -'MONDAY, MAY 22, 1989 PAGE 3 . STAFF REPORT - continued B. Engineer's Report 1. M.S.A. Process Report 2. Set Sewer Televising Schedule 3. C. Planner's Report 1. Highway 7/County Road 19 Intersection Proposal 2. Resolution Granting Approval of Revised Final Plat- Senn Addition (Att.No.7C-2-Resolution) D. Administrator's Report 1. Special Census Information 2. Status of Police Budget - 1990 3. Set Workshop Session - June 5, 1989 a. Audit Review b. Discussion of Elderly Housing 4. Budget Calendar 5. AMM Annual Meeting 6. Update on Recycling 7. Request Executive Session - Union Contract 8. COUNCIL REPORTS A. Mayor's Report 1. 2. B. Council Report 1. Financial Advisory Board - Appointment 2. 9. ADJOURNMENT -3- .. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, MAY 22, 1989 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. AGENDA ROLL CALL A. Pledge of Allegiance B. Roll Call \ Stover '-Gagne Brancel Watten Mayor Haugen 1. APPROVAL OF MINUTES 2. CONSENT AGENDA A. Petition for Dead End Sign (Att.No.2A-Petition and Memo) B. Beer and Liquor License Renewals: Minnetonka Country Club - Liquor and Sunday American Legion - Club and Sunday Skipperette-Non Alcholic-Off Sale (Att.No.2B-Applications) " r,- ~!C.j ,_/ Authorize Donation $ SO. to Old Thyme County Fair , (Att.No.2C-Letter of Request) th.L e.Ul~ % ~~ Donation to 4th of July Celebrat~on Jfl~. (Att.No.2D-Letter of Request) ~.~: Authorize E. CDBG Grant Repayment Subordination (Att.No.2E-Letter of Request) ~. tv Permanent Appoint of Finance Director Alan Rolek (Att.No.2F-Staff Recommenda- tion) i G. Request to Water Public Boulevards at Water ford \.. (Att.No.2G-Request and Memo) /~) Permit for Incidental Use of Public Road Right-of-Way- 4360 Enchanted Drive , ~ i'O ~ tJl..Q a..Ut.- (Att.No.2H-Applicant and Memo) -1- AGENDA-MONDAY, MAY 22, 1989 PAGE 2 2. CONSENT AGENDA - Continue r\ _iI~ Baywood Shops - Extension Request "--' (Att.No.2I-Staff Memo) Moved~ Second Vote " 3. COMMISSION REPORT (,;\0 A. Planning Commission B. Park Commission ~.~ ~: :::::::lP::kR:l:::::tab:or::::g;r::::n Park Drive ,~ , . 3. Authorize Sate lite Se~ice at Minnewashta school: -- ~~ '--'-. 4 . Appoin tment; to p. T" Com" < ..; on Vacancy "'- J ~ 0$';' MINNET~TAB~~~ P~~~~~E~eD. 0 5. APp~~~~i$11~Jt~:~;~, -A. Alan McKinney - 4925 Rustic Way ---B. Greg Sorensen - 25535 Birch Bluff Road -e. Siegfried Weissner - 26780 Smithtown '-- Road (Att.No.5-Letters of Appeal Notice to Remove) i) \. 'v ,;'A' ~' ~~ REQUEST FOR SPEED LIMIT REDUCTION . ~ ~bt ~ e I.a (Att.No.6-Letter of Request ~ JU ~ 0- ~ and pet~~ 7. STAFF REPORT ~ ~ ~ A. Attorney's Report ~ Strawberry Lane Curb a~~ .In.thil~ 00Jes P,.lQdtlr ~"~~'\ Resolution - c.u.?/Variance-Fro~tier Industries ~.~_I Q,Q... ~ ~~~~ ~~Att.NO. 7A-2-Resolution) C~taminated Soil Status ~f 'I \, ' roposed Amendment - Abandoned Motor Vehicle Ordinance ~ ' (Att.No.7A-4-Draft Ordinance ~.~~ .AGENDA - MONDAY, MAY 22, 1989 ~ PAGE 3 STAFF REPORT - continued B. Engineer's Report ~: M.S.A. Process Report Set Sewer Televising Schedule 3. Report Highway 7/County Road 19 Intersection Proposal Resolution Granting Approval of Revised Final Plat- Senn Addition ~ (Att.No.7C-2-Resolution) D. Administrator's Report 1. Special Census Information 2. Status of Police Budget - 1990 ~et Workshop Session - June 5, 1989 a. Audit Review 4. b. Discussion of Elder~ Hous~ng Budget Calendar l AMM Annual Meeting 5. 6. Update on Recycling' 7. Request Executive Session - Union Contract 8. COUNCIL REPORTS A. Mayor's Report 1. 2. B. Council Report /""",,, ..1...\ Financial Advisory Board - Appointment ,..._"",- 2. 9 . ADJOURNMENT -3- . ,.., "'"d{.~"'~'" Ji'".'" .... ,J;."'4~1...' , ~ , '*~. '-...... ,~J.,) .. . -..... ;t~\...",,~.....~ ., CUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD MONDAY, MAY 8, 1989 CITY 7:00 7:30 .-..-....,.~,.... ~("" ..........--... OF SHOREWOOD;J'1 P.M.-EXECUTIVE SESSION P.M.-REGULAR COUNCIL MEETING . .:- _.......__..:1 MINUTES EXECUTIVE SESSION The Executive Session convened at 7:00 P.M., Monday, May 8, 1989, where Mayor Haugen and the Administrator were authorized to present a new offer to AFSCME Local 224 at the May 10, 1989 mediation session. CALL TO ORDER The Regular Council meeting of the Shorewood City Council was called to order at 7:30 P.M., Monday, May 8, 1989, in the Council Chambers by Mayor Haugen. PLEDGE OF ALLEGIANCE Mayor Haugen opened the Regular Council meeting with the Pledge of Allegiance. ROLL CALL Present: Mayor Haugen, Councilmembers Brancel, Watten, Stover, and Gagne. Staff: Attorney Froberg, Engineer Norton, Planner Nielsen, Adminis- trator Whittaker and Clerk Kennelly. APPROVAL OF MINUTES Gagne moved, Brancel seconded, to approve the Regular Council minutes of Monday, April 24, 1989, as amended. Motion carried - 5 ayes. CONSENT AGENDA Authorization of Bank Signature Resolution No. 36-89 Resolution No. 36-89 authorizing the Administrator/Treasurer Whittaker to be added to the signature card at The Bank of Excelsior was adopted Temporary Sign Permit-Shorewood Liquor Store A 14-day Temporary Sign Permit for Shorewood Liquor Store I as no other requests have been made for that location in the past twelve months. Stover moved, seconded by Gagne, to approve the items on the consent agenda. Motion carried - 5 ayes. COMMISSION REPORTS Planning Commission Report Stover will report on items 4, 5 and 6, as they are brought up on the agenda. -1- /4 MINUTES - MONDAY, ~ 8, 1989 PAGE 2 . COMMISSION REPORTS - Continue Park Commission Report Angela Weatherly reported on the May 1, 1989,Park Commission Meeting: 1. A resident from Shorewood Oaks complained about the Spring clean- up. He would like it discontinued or alternated between Freeman Park and another location. 2. Chairman Laberee attended a meeting with the engineer and the contractor to discuss the completion of the Freeman Park project. 3. "The Park Commission feels it inconceivable that anyone could construe Freeman Park communications to mean anything other than completely finished, playable athletic fields and, therefore re- commends that: In the event that the fields are not completely finished, within budget, by the July date promised in the December 5, 1988, joint Park Commission/City Council meeting (minutes attached) see motion, That the City hire a new engineer and contractors to finish the fields; and That the City pursue litigation or alternatives that allow completion of all playing fields without cost to the Park Commission." 4. Interviews for the Park Commission vacancy are scheduled for May 15. 5. Weatherly held a meeting with the neighbors around Silverwood Park. They would like to meet with Laberee and Public Works Director Zdrazil to begin improvements on that park with picnic tables and play equipment. COMMERCIAL C.U.P./SET BACK VARIANCE - 19285 STATE HIGHWAY 7 Planner Nielsen presented the request of Dennis Clark of Frontier Indus- tries to obtain a C.U.P.and variance for an outdoor display on property adjacent to his office. He will have a three-year lease on the property. Staff recommends approval of the C.U.P. for 3 years with annual reviews for compliance. Gagne moved, seconded by Brancel, to direct the Attorney to draft a Resolution in accordance with the Planner's April 26, 1989, memo. Motion carried - 5 ayes. SIMPLE SUBDIVISION/COMBINATION - 21980 BRACKETTS ROAD/5950 MILL STREET RESOLUTION NO.37-89 Scotty Asp requested the simple lot subdivision and combination of two lots into three lots. The Planning Commission recommended approval of the new lots. Watten moved, seconded by Stover, to adopt Resolution No. 37-89 approving -2- , MINUTES - MONDAY, ~ 8, 1989 PAGE 3 . SIMPLE SUBDIVISION/COMBINATION - 21980 BRACKETTS ROAD/5950 MILL STREET- Continue RESOLUTION NO. 37-89 the simple lot subdivision/combination in accordance with the Planner's April 25, 1989, memo. Motion carried - 5 ayes by roll call vote. SIMPLE SUBDIVISION/COMBINATION 4670/4690 LAKEWAY TERRACE AND 4695 FATIMA PLACE RESOLUTION NO. 38-89 . The Planning Commission recommended approval of the lot reconfiguration which created additional buildable area and added conformity ~o each of the lots. Stover moved, seconded by Brancel, to adopt Resolution No. 38-89 approv- ing the simple lot subdivision and combination subject to the Planner's April 28, 1989, memo. SET PUBLIC HEARING TO VACATE UTILITY EASEMENTS RESOLUTION NO. 39-89 Stover moved, seconded by Brancel, to adopt Resolution No. 39-89 setting a public hearing to vacate the utility and drainage easements on the rear lot line of the three parcels at first Council meeting following the required publication. Motion carried - 5 ayes. MATTERS FROM THE FLOOR Complaint on Spring Clean Mr. Paul Krueger of 6015 Burlwood Court expressed his concerns about the Spring clean-up. He said it was very unsightly and unsafe. People went through the debris after the park closed and kids played in the locked-up site. Mayor Haugen reviewed the history and need for a yearly clean-up. Gagne said citizens strongly support the clean-up; but, it may be necessary to patrol the site at night until the clean-up is completed. STAFF REPORT Attorney's Report Attorney Froberg requested an executive session on pending litigation following the regular Council meeting. The Council agreed. Planner's Report County Road 19 at Highway 7 Planner Nielsen withdrew the discussion of the intersection plan pending a clear discription of the proposal. -3- MINUTES - MONDAY, ~ 8, 1989 PAGE 4 . STAFF REPORT Planner's Report - Continue Fina Mart - Contaminated Soil Planner Nielsen spoke to Mark Senn of Marcus Development about the removal of contaminated soil at the Fina Mart. Marcus is working with John Moe~er of the PCA to obtain reimbursement for the clean-up from a State Petro Fund. The PCA has set no deadline for the re- moval of the soil because they have no policy on clean-up funding. Council wants the PCA notified of a deadline for the clean-up. If internal decisions have not been made by the deadline, the City will clean-it up and charge it back to the PCA. Planner Nielsen explained the buried soil ventilation system. Gagne asked when the filtering system would be working. Planner Nielsen said the filtering equipment was planned for construction with the Dairy Queen building which has been delayed. The development agree- ment allowed two years to completion. Attorney Froberg will investi- gate ways to force removal of the soil and report back to the Council May 22, 1989. Abandoned Vehicle Code The current ordinance allows a person to park a vehicle on property without permission for 48 hours before any action can be taken. Planner Nielsen would like the Council to consider a shorter period of time and to prohibit sale of vehicles on any property other than the owner's property. He will return with a revised draft for the Council. Engineer's Report Shorewood Oaks Final Payment and Chanqe Order No.2 Engineer Norton recommended approval of the final payment for the Shorewood Oaks project to include Change Order No.2 in the amount of $3,938. The project was completed well and came in $26,560.22 under bid cost. Gagne moved, seconded by Stover, to approve Change Order No.2 and final payment of $67,098.84 to Richard Knutson, Inc. Motion carried - 5 ayes. Mayor Haugen asked the Attorney to determine whether the excess funds could be used to correct the Strawberry Lane problem caused by the traffic from Shorewood Oaks. Strawberry Lane Repairs The City Engineer reviewed the correction needed to restore and main- tain the edge of this road, across from Shorewood Oaks Drive. He recommended concrete curb and gutter (B type) extending between the driveways located just south of Shorewood Oaks Drive and Maple Avenue. Engineer Norton suggested including this work with the 1989 street -4- MINUTES - MAY 8, 19~ PAGE 5 . STAFF REPORT Strawberry Lane Repairs - Continue project, not to exceed $1,500. The Council agreed Engineer Norton should prepare plans for this project as a separate line-item in the 1989 street project. 1989 Street Repair Project Engineer Norton recommended the 1989 Street Repair budget be used to overlay Smithtown Road~Orncludinq the area previously rebuilt, at an estimated cost of $162,900. He did not recommend construction~of a bike path, in accordance with the 1978 plan, because it would prob- ably create drainage problems, require the City crew to prepare the subgrade, necessitate removal of many trees, mail boxes and other obstructions, and cost $102,500.00 in today's dollars. The Council asked if this project should be delayed until the City qualifies for State Aid Highway Funds. Norton and Public Work Director Zdrazil reiterated their concern that the current base and pavement might be lost if the project is delayed. Norton advised the Council that constructing Smithtown Road to State Aid standards would cost considerably more than an overlay and would require a complete drainage plan including curb and gutter. Gagne said the Council should consider completing the water line under Smithtown Road and use State Aid funds for constructioniand the improvement of other streets with 1989 funds. Brancel expressed concern about bike riders and said she could not support the project unless bike trails were a part of it. Watten moved, seconded by Stover, to accept the staff recommendation to repair Smithtown Road with the 1989 street repair budget. Motion carried - 3 ayes - 2 nays (Brancel and Gagne). Authorization Plans and Specifications - 1989 Street Repairs Watten moved, seconded by Stover, to authorize the engineer to pre- pare plans and specifications for the 1989 street repair project and advertise for bids. Motion carried - 3 ayes - 2 nays (Brancel and Gagne). COUNCIL BREAK: 9:25 P.M. to 9:30 P.M. Administrative Report Action Alert - Leaque of Minnesota Cities Whittaker suggested the City oppose proposed legislation limiting levy increases to 3%, arguing that increased property taxes are not a result of waste or loose spending but, rather, decreases in State -5- MINUTES - MAY 8, ltlt PAGE 6 . and Federal aids and dispareties in State Aid formulas favoring out- state Cities. The Council agreed Whittaker should send a letter to that effect to State Legislators. Recycling Status Administrator Whittaker referred to a meeting where the County proposes to open a transfer station to receive recyclables from the Cities. The County would subsidize the market in order to maintain the service. Clerk Kennelly has requested information from other recycling services to contract for a new recycler. Gagne asked staff to inquire into a cost if garbage removal was contracted in conjunction with the re- cycling. Special Census Administrator Whittaker stated that the CDBG funds can be reallocated and used for a special census. The estimated cost for the census was $10,300.00 in 1987 for a nine-month process. Staff will find out the time schedule for the 1990 census & MSA funding, before the Council acts on a special census. 1% Valuation Decrease by the City of Minnetonka The City of Minnetonka, Board of Review, adopted a 1% reduction in valuation for all the properties in the City to protest State pro- perty tax limits. Attorney Froberg advised the Council that County will nullify their action; so it won't affect Shorewood. Special Meeting A goal-setting session was scheduled for the Council on May 15, 1989 at 7:30 P.M. Freeman Park Project - Request for Consultant Administrator Whittaker recommended that George Haun be hired to determine the acceptability of the ballpark improvements and determine what it needs to have playable fields. Mr. Haun has had 30 years of experience as a park and recreation director and has been responsible for the installation of many ball fields in St. Louis Park. The Park Commission supports this recommendation. The estimated cost for this service is $500 to $600. Mayor Haugen moved, seconded by Gagne, to hire Mr. Haun at a cost not to exceed $500.00, to determine what improvements are required for the Freeman Park ball fields. Motion carried - 5 ayes. -6- MINUTES - MONDAY, ~ 8, 1989 PAGE 7 . COUNCIL REPORTS Recycling Watten offered to ask various merchants for 5 gallon plastic buckets for recyclables, at no charge, so residents won't have to use paper the bags which are easily damaged. This five gallon buckets would be a cheap substitute for the bins used by some other Cities. Doq patroling Council would like the new schedule for dog patroling. Cable Volunteer Needed The Mayor, again, requested volunteers to operate cameras for the Cable Commission during Council meetings. Volunteers to contact Administrator Whittaker or Brancel for information. Request for Rock on Trail Gagne asked the staff to check on getting finer rock added along the railway trail. Glen Road Drainaqe Status The surveying has been completed and maps will be available th~s week. A few changes in contours were made and sent to Jim Mahady of the watershed for review. Retaininq Wall Plan Planner Nielsen has received a bid for repairs to the retaining wall behind City Hall. He will submit this plan and bid, and a proposal for striping and lighting the City Hall parking lot, at the next meeting. Joint Meetinq Requested The Planning Commission would like a joint meeting of the Council and Commissions held. Mayor Haugen would like the Council to establish long-range goals and fill Commission vacancies prior to that meeting. MAYOR'S REPORT The Mayor advised the Council she had information on Art Program of Minnesota, Privatization, and Truth in Taxation. She also said she attended the police reserve dinner where awards were presented to re- serves for outstanding service. Executive Session The Council adjourned the Regular Council meeting at 10:25 P.M. to and Executive session. -7- MINUTES - MAY 8, l~ PAGE 8 ~ Executive Session - Continue Attorney Froberg updated the Council on current litigation. Inter- rogatories had to be answered in the Christesen lawsuit. Other updates were done on Wartman, Whittmer/Hanson, I.C.O. sign violation and Bache suits. ADJOURNMENT Watten moved, seconded by Stover, to adjourn the Regular Council meeting of Monday, May 8, 1989 at 10:50 P.M. subject to approval of claims for payment. Motion carried - 5 ayes. GENERAL & LIQUOR FUNDS - Acct No. 00-00166-02 Checks # 2253-2336 General $ 270,943.84 Liquor $ 77,601.41 Payroll Checklist: Checks # 203017-203059 $ 11,770.33 $ 2,812.73 Total $ 282,714.17 $ 80,414.14 RESPECTFULLY SUBMITTED, Jan Haugen, Mayor Sandra L. Kennelly City Clerk -8- CHECK NO. . CHECK APPROVAL LISTING . AMOUNT TO WHOM ISSUED PURPOSE CHECKS ISSUED SINCE MAY 5, 1989 2253 (L) 2254 (L) 2255 (L) 2256 (L) 2257 2258 (L) 2259 (L) 2260 (L) 2261 (L) 2262 (L) 2263 (L) 2264 (L) 2265 (L) 2266 (L) 2267 (G) 2268 (L) 2269 (L) 2270 (L) 2271 (L) 2272 (L) 2273 (L) 2274 (L) 2275 (L) 2276 (L) 2277 (L) 2278 (L) 2279 (L) 2280 (L) 2281 (L) 2282 (L) 2283 (L) 2284 (L) 2285 (L) 2286 (L) 2287 (L) 2288 (G) 2289 (G) 2290 (G) 2291 (G) 2292 (G) 2293 (G) 2294 (G) 2295 (G) 2296 (G) 2297 (G) 2298 (G) Utilities Liquor Purchases Beer Purchases Liquor and Wine AT & T Bellboy Corporation Day Distributing Franck's Trucking VOID Johnson Brothers Wholesale Wine Purchases Mark VII Distributors Wine and Beer Purchases National Guardian Security Repair & Main. of Security North Star Ice Misc. Purchases Ed Phillips and Sons Liquor and Wine Purchases Pogreba Distributing Inc. Beer and Misc. Purchases Quality Wine and Spirits Liquor and Wine Purchases Thorpe Distributing Company Beer Purchases Griggs, Cooper and Company Liquor and Wine Purchases Cragun's Lodge and Conf. Center City Man. Conference Expenses Griggs, Cooper and Company Liquor, Wine & Misc. Pur. Northern States Power Company Utilities North Star Ice Misc. Purchases Honeywell Protection Services Monthly Service Charge Franck's Trucking Liquor and Wine Purchases Thorpe Distributing Company Beer Purchases Mark VII Distributors, Inc. Beer and Wine Purchases Pogreba Distributing, Inc. Beer and Misc. Purchases Day Distributing Company Beer and Misc. Purchases East Side Beverage Company Beer Purchases Pepsi-Cola Company Pop Purchases Midwest Coca-Cola Bottling Co. Pop Purchases Bellboy Corporation Liquor Purchases Royal Crown Beverage Company Pop Purchases Minnesota Bar Supply, Inc. Misc. Purchases Johnson Brothers Wholesale Liquor and Wine Purchases Quality Wine and Spirits Co. Wine Purchases Ed Phillips and Sons Liquor and Wine Purchases Weekly News, Inc. Advertising Boyd Houser Candy and Tobacco Co. Cig,Misc, and Supplies The Bank Excelsior Federal, FICA & Medicare City County Credit Union Payroll Deductions AFSCME Local #224 Payroll Deductions Child Support Enforcement Payroll Deductions Richard Knutson, INC. Construction Payment 8 Minnesota City Management Assoc. Annual Dues MCMA Metropolitan Waste Control Comm. April SAC Charges ICMA Reitirement Trust Payroll Deductions Commissioner of Revenue State Taxes-Payroll Public Employees Retirement Assoc.PERA Payroll Deductions Leukemia Society of America, Inc. Leukemia Donation Purchases TOTAL LIQUOR TOTAL GENERAL TOTAL CHECKS ISSUED -1- $ 1.69 1,247.08 \ 1,280.29 92.40 2,252.92 1,255.90 Sys.70.00 110.00 708.56 897.95 445 . 77 5,779.95 7,342.96 30.29 3,989.03 247.38 90.90 75.00 166.80 3,998.85 1,944.40 989.15 1,438.47 7,424.25 282.10 254.67 2,001.44 53.20 255.30 432.07 734.02 940.29 112.67 6,820.31 4,681. 64 37.00 100.80 145.00 67,098.84 35.00 2,846.25 468.08 752.47 1,382.54 23.50 53,735.77 77 ,601.41 131,337.18 . . CHECK APPROVAL LISTING AMOUNT CHECK NO. TO WHOM ISSUED PURPOSE CHECKS FOR COUNCIL APPROVAL $ 3,500.00 9.00 732.01 250.00 22.50 168.50 2,138.02 1,610.24 55.24 Ctr 71.55 965.70 18.98 21,841.07 541.75 117.83 324.49 260.58 524.63 504.00 1,990.60 166.38 925.22 144,695.00 67.23 82.50 3,060.00 87.26 Search 426.82 29,190.98 1,634.88 35.96 136.00 Clean-up 384.00 44.85 97.00 72 .16 341. 24 113.90 2299 (G) 2300 (G) 2301 (G) 2302 (G) 2303 (G) 2304 (G) 2305 (G) 2306 (G) 2307 (G) 2308 (G) 2309 (G) 2310 (G) 2311 (G) 2312 (G) 2313 (G) 2314 (G) 2315 (G) 2316 (G) 2317 (G) 2318 (G) 2319 (G) 2320 (G) 2321 (G) 2322 (G) 2323 (G) 2324 (G) 2325 (G) 2326 (G) 2327 (G) 2328 (G) 2329 (G) 2330 (G) 2331 (G) 2332 (G) 2333 (G) 2334 (G) 2335 (G) 2336 (G) Services Relating to Audit Beeper-Public Works Parts for Trailer Axle Pulverized Topsoi1-PW May Rent-Water Softner Coffee and Paper Towels Assessors Fees 1st Quarter Water April and May Mileage Dumping for Freeman and Shop Tire Removal-City Clean-up 24" Window Wells Sewer Services For June Animal Control for April Limestone for Clean-up Utilities Publishing 1st Quarter Water Oil for Park Dust Control Int/Fees on DTD 12/71 Bond Misc. PW Supplies Utilities Payment on S-A6/1/72 Bond Mileage Pop Purchases-City Hall City Clean-up/Dumpsters Mileage Goal Setting and Admin. June Budget April Recycling Services Carbons/Public Works Business Cards Appliance Removal/City Public Works Parts Waste Removal Mileage Tires for Truck #4-PW Toilets/Parks Abdo, Abdo, and Eick Airsigna1 Inc. Aste1ford International The Chippewa Corporation Commers Soft Water Company Crosstown OCS Rolf Erickson City of Excelsior Sandra Kennelly Louisville Landfill Maust Fiber Fuels Inc. Menards Metropolitan Waste Control Comm. Midwest Animal Services Midwest Asphalt Minnegasco MN Suburban Publications City of Minnetonka Mueller and Sons National City Bank Navarre True Value Northern States Power Norwest Banks Joseph Pazandak Pepsi-Cola R & W Services Alan Ro1ek Sather and Associates So. Lake Mtka. Safety Department Supercyc1e Toll Company Tonka Printing Twin City Appliances Victoria Repair Waste Management Larry Whittaker Youngsteds Browning-Ferris Industries TOTAL CHECKS FOR APPROVAL 217,208.07 TOTAL CHECK APPROVAL LIST 348,545.25 -2- . CHECK APPROVAL LISTING . PAYROLL REGISTER . . CHECK NO. TO WHOM ISSUED HOURS AMOUNT 203017-203025 VOID $ 203026 (G) Leonard Watten 147.82 203027 (G) Janice Haugen 177 . 30 203028 (G) Barbara Brance1 147.82 203029 (G) Robert Gagne 150.00 203030 (G) Kristi Stover 150.00 203031 (G) Laurence Whittaker 80 Reg. Hours 922.92 203032 (G) Sandra Kennelly 80 Reg. Hours 746.85 203033 (G) Susan Niccum 80 Reg. Hours 476.32 203034 (G) Anne Latter 67 Reg. Hours 362.46 203035 (G) Alan Ro1ek 80 Reg. Hours 813.58 203036 (G) Wendy Davis 74.63 Reg. Hours 491.36 203037 (G) Bradley Nielsen 80 Reg. Hours 959.73 203038 (G) Patricia Helgesen 80 Reg. Hours 640.15 203039 (G) Joseph Pazandak 80 Reg. Hours 742.07 203040 (G) Charles Davis 80 Reg. Hours 10.5 OT 493.56 203041 (G) Dennis Johnson 80 Reg. Hours 10 OT 734.15 203042 (G) Daniel Randall 82 Reg. Hours 10.5 OT 770.22 203043 (G) Howard Stark 80 Reg. Hours 10.5 OT 645.21 203044 (G) Ralph Weh1e 80 Reg. Hours 10.5 OT 611.71 203045 (G) Donald Zdrazi1 80 Reg. Hours 852.25 203046 (G) Joseph Lugowski 80 Reg. Hours 10.5 OT 734.85 203047 (L) Russell Marron 35 Reg. Hours 175.11 203048 (L) Christopher Schmid 80 Reg. Hours 391.48 203049 (L) John Thompson 14 Reg. Hours 68.20 203050 (L) Michael Koebensky 18 Reg. Hours 88.69 203051 (L) Brian Jakel 34 Reg. Hours 156.82 203052 (L) Mark Karsten 18 Reg. Hours 84.26 203053 (L) William Josephson 80 Reg. Hours 547.34 203054 (L) Susan Latterner 37 Reg. Hours 159.83 203055 (L) Dean Young 80 Reg. Hours 522.68 203056 (L) Scott Bennyhoff 37 Reg. Hours 158.99 203057 (L) Scott Bartlett 32 Reg. Hours 149.07 203058 (L) Lawrence Nelson 33.5 Reg. Hours 165.07 203059 (L) William Rhodes 31 Reg. Hours 145.19 TOTAL LIQUOR 2,812.73 TOTAL GENERAL 11,770.33 TOTAL PAYROLL $ 14,583.06 -3- . . . MAYOR Jan Haugen COUNCI L Kristi Stover Robert Gagne Barb Brancel Vern Watten CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236 MEMORANDUM TO: MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 17 MAY 1989 RE: DEAD END SIGN REQUEST FILE NO.: (Street file - Charleston Circle) We have received a petition from residents along Charleston Circle for a dead-end sign. Apparently people inadvertently turn down the street only to find that it is a cul-de-sac. The cul-de-sac is not visible from Yellowstone Trail. The request is therefore consistent with the Minnesota Manual on Uniform Traffic Control Devices. Approval of the request is recommended. BJN:ph cc: Larry Whittaker Glenn Froberg Jim Norton Rebecca Eckert A Residential Community on Lake Minnetonka's South Shore C::<,IJ I City of Shorewood . . <~*y We would like to have a dead end sign installed on Charleston Circle, Shorewood ~~ UA~<s'?rcJ ~~ ~~ ~- wt ~ CiJlm6Ctv 0~ &t~ j(4 ?~d ~h d,/.vh'7 e s-h'.'-<,c-/D.ol_____ :5t!QCl;Jd'~:23b<l5 Ye<LcbJS7oV; ;,(. 5Lk/"ft1J()() . . HENNEPIN COUNT'Y @!d& 3;yfft& (f,f~ flFtdv .I1~1 ~III.II\\' I'u,",,,lcnl 21h2n Cnunty Ruml ~u ('I"("r~n. />IS SS,\.IU IhI2141U.127U '.I11I" 27. 2~. 29 and ~O, 1909 I'A I ('(lO!; S'.l,'It'I:U~ l'.s" (':.in Kn.ul l'lll\'nr;ltI. MS ~~.'JU Chl21 ,1~1I.,\~,l~ 'IO: Mayors & city COW1cils of Hennepin COW1ty FROM: Don Larson, COW1ty Fair PR Director DATE: May 1, 1989 SUBJECT: HENNEPIN CCUNTY "0ID TYMEI' FAIR This year we will be holding the Hennepin CoW1ty "Olde Tyme" Fair at the Lions Park, W'hich is located on Highway 101, just 3 miles north of Highvlay 55, in Corcoran. Many plans are beL""B Trade for a much larger fair. We are also trying to reach a much larger area of Hennepin COW1ty, and we are looking forward to your supr:ort. SuPr:ort is needed in GETTING 'n IE \VOI<D cur A.ECUI' THE FAIR and in CONATIONS. OUr theme this year is "C.;;'TQ1 THE SUMMER FUN" at the Hennepin COW1ty Olde Tyme Fair. Again the fair will be taking on the "Old Fashion COW1ty Fair" look.. Several new attractions have been added to make a much larger carnival. For example: Danak the Robot, Sport Celebrities, Deystroyer #1, (W'hich is a 4x4 truck that tmns into a transformer robot) new verrlers, 4 H Exhibits, Grandstand. ShaH, special ty Acts, Miss Minnesota, Helecopter Rides, and again the Donkey races of W'hich we would like to ha~e a representative from each city participate. In order to achieve our goals, we need the coor;eration of each Hennepin County city. We would like a SIrell donation from each of the cities, based on your population: 100 - 2500 residents -- $25.00 2,500 - 10,000 residents $50.00 10,000 - 25,000 residents $100.00 25,000 - 50,000 residents $200.00 OVER 50,000 residents -- $300.00 We also need your support and coor;eration in getting the word out to your city, through your city's newsletters, posters, newspapers, utility buildings, etc. Enclosed is a release that I would urge you to use in your city's newsletter. I will be contacting you within three weeks to determine W'hat your newsletter schedule is and supplying you with any additional information that you might need. de. WHAT: DATES: WHERE: EVENTS: . . HENNEPIN COUNTY @~ /!7~ ~~ $'ai/v . .1 July 27, 28, 29 and 30, 1989\ NEWS RELEASE Hennepin County "aIde Tyme" County Fair July 27, 28, 29, & 30 JIM MII.OW J're.idenl 211120 ('lIun.)' Rnad SO Corcoran. MN SS.\40 (6121420.2270 "AT COOK Secrclar)' 94)7 Cain Road Corcllran. MN SH40 (11121 420.JSJK Located on Highway 101, just 3 miles north of Highway 55, in Corcoran, at the Lions Park facility 4-11 Ilorsc Show and other events ~randstand-Shows "~.1iss ~hnnesota performance & sign autographs Danak "The Robot" Helicopter rides Talent Contest Big Carnival Donkev Races Destr~yer #1 (a 4x4 truck vehicle that turns into ----a Transformer like production Center Stage performances Ronny Neuman (organist from the Minnesota Twins) Sport celebrities John Wayne "Look-a-like) Teddy Bear Band Open Horse Show BHX Trick Riders Minnesota Zoo Mobile Dancers, Magicians, Clowns, BaIlon artist and ------other entertainment FOR' MORE INFO~1ATION, CALL DON LARSON AT 432 0108 ,\- (,V., 'i /LUL ,vii'-' c.lI~ J . .- U\/ }.i~ -r y .\.. ;-.- ~' . . KELLY LAW OFFICES 351 SECOND STREET EXCELSIOR. MINNESOTA S5331 c6121474-5977 WILLIAM F. KELLY MARK W. KELLY May 10, 1989 Mr. Greg Withers City Manager City of Excelsior 339 Third Street Excelsior, MN 55331 Ms. Wendy Anderson City Clerk City of Greenwood 20225 Cottagewood Road Excelsior, MN 55331 Mr. Kurt McDonald City Administrator City of Tonka Bay 4901 Manitou Road Tonka Bay, MN 55331 Mr. Larry Whittaker City Administrator City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Re: 1989 4th of July Celebration, Excelsior Chamber of Commerce Organizer Dear Mr. Whittaker: Last year your city was kind enough to find room within its tight budget for financial support of the local 4th of July celebration held on the Excelsior Commons. The Excelsior Chamber of Commerce is again providing the organization and manpower for the event. We are planning to hold the firecracker fund run in the morning and an evening concert followed by fireworks. The Minneapolis Chamber Orchestra will be returning as well as the Minnetonka High School Jazz Ensemble. We also hope to have an additional musical offering. Food will be available on site. Fireworks have been expanded this year. We expect to have a minimum of a 15 minute presentation and have added to the quality of the show. Fireworks including insurance will cost $7,000.00. Last year the combined support of the four cities assured the underwriting of a fine Excelsior area tradition. The event is family oriented and well received. c2LJ . . CITY OF SHOREWOOD MAYOR Jan Haugen COUNCI L Kristi Stover Robert Gagne Barb Brancel Vern Watten 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236 MEMORANDUM TO: MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 17 MAY 1989 RE: REQUEST FOR USE OF CITY WATER - WATERFORD FILE NO.: 405 (86.40) The attached request is the same as one which was approved last year. Approval is recommended subject to the same sprinkling restrictions (odd-even) as imposed on other properties. BJN: ph cc: Larry Whittaker Jim Norton Dick Johnson A Residential Community on Lake Minnetonka's South Shore d(2 , . . ROBERT H. MASON !!~~~. . May 17, 1989 Mr. Brad Neil son City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Dear Brad, As you may remember, last year we planted over 100 trees in the public areas and boulevards of the Waterford subdivision. During the summer long drought, we watered these trees using a metered hydrant tap inspected and supervised by Minn-Tech. This was done with approval by Shorewood. This Spring1s early hot weather now is posing a threat to those trees. They entered the winter in a stressed condition. While we were able to hold losses to less than 5% last year, we must water them, again, and do so immediately if we are to keep them alive. I am, therefore, requesting approval to proceed with a watering program like last summer's. Please submit this request to Council. We would aim at watering all trees at least every two weeks if the dry weather recurs. I appreciate your help in this matter. Sincerely, DJ: kg 14201 EXCELSIOR BLVD. . MINNETONKA, MN 55345.4997 · 612-935-3486 [H REALTOR '" ~.... , ..GIST.".:-. .UII_DC" .. ..........* .' . . MAYOR Jan Haugen COUNCI L Kristi Stover Robert Gagne Barb Brancel Vern Watten CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236 MEMORANDUM TO: MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 17 MAY 1989 RE: PERMIT FOR INCIDENTAL USE OF THE PUBLIC RIGHT-OF-WAY FILE NO.: 404 (4360 Enchanted Drive) Mr. David Modrow requests approval of a permit to allow a boulder retaining wall to encroach into the public r.o.w. of Enchanted Drive. The wall is being built in conjunction with construction of a new house at 4360 Enchanted Drive. The base course of the 3.5 foot wall extends approximately one foot into the r.o.w. except for one place which bulges approximately four feet into the r.o.w. to save a tree in that location. While it is typically advisable to keep r.o.w. encroachments to a m~n~mum, the trees which will be saved by allowing the proposed encroachment should help to stabilize the grade on the front of the subject property, preventing future erosion problems. It is recommended that the permit be approved subject to the applicant acquiring the signature of Robert Murphy, the prospective buyer, on the r.o.w. permit application. BJN:ph cc: Larry Whittaker Jim Norton Glenn Froberg David Modrow A Residential Community on Lake Minnetonka's South Shore dH APPLICAT'& FOR PEnMIT TO KEEP OR MAAAIN PRIVATE ~PERTY WITHIN A PUBLICLY O~D rGGHT-OF-WA Y PUHSUANT '1'0 SHORE\'/OOD OHDINA1JCE NO. 121 ~, ~O.siJ ~/ 7jJ 9 /1-c-. / ~7 c/ 7 Plea~e type or print legibly 1. APPLICANT INFORMATION Please give the name(s) of all persons who own the private property to be maintained in right-oi-way. NAME(S) Ko~~ mvRrpJ.JY ADDRESSES 43L7o E' 0c. L-laiJTtO "DR- TELEPHONE 2. RIGHT-OF-WAY Please name the highway, road, street, alley or other right-of-way upon which you are requesting to maintain private property. fNC. Ha0TVD UR-vJ-{ 3. Please describe as carefully as possible the exact location or address on the right-of-way where the private property is to be maintained, as well as the nature, extent and purpose of the requested encroachment on the right-of-way. (Attach a photograph or sketch if possible). TJ.k ~uCROACtJm~1 (if 134;0 EAJCNaAJ7"eo Q~V'..z.. By a 6A Ii e. ~l'LDaK' gttal0l.0l,. WaLL 16 AI~<~5SAe.;/-ro Lex i~ T'tO .1JS'l f2.:e4-} j,J D 0t?ctDe 3clG~ -rD A lu-lO 1"PtAIU (t€ mAf~ ~6.S Au ATIe,=>' fc 5LO((le. 7J.l.e. -n.Le ~ rna.vaq~.f?XA fi...JCLI ve IUAT WiL,L 1Jb7 e~?e. IJ ~c~ -me :1.. FocT TZ:> A<<.tJmtI'i::>Pr~ J~ FULL 1-..) -n..Je. ;<.<..'-INr.. d ~ ...,..-4-<. T.......c rnl4pu yV2.e,e ~ . In consideration of approval of this permit, I hereby knowingly and voluntarily waive any right to recover frem the City of 3horewood for damage occurring to property in the right-of-way as above described, WhiCh.. dsmagE' results from the performance ff). the Ci ty of Shorewood or its agE::ll ts e,f any public dutic:.i r'c~! ui ct:d c 1 w. Me fl7)~ - ~. ])/Jd11) mtJDtzo0 ;..I-o/Jl6J /ifc Applicant signatul'e(s) (:) ~ mb\Je, "TIJ.e Rc t;.",..J:r ct:' v..!A'I L..:~ wC(Jt..D tt.esu L \" Permit ( ) Approved ( ) Not ApprovGd Lut0 /:i' ~ J/J ~....~; f~ ~ III .~ ~ I~; ~ ~/IJ ~ d~ ~ (/1 ~ ..I1i ~ ~ I{,' ;So <!/ Pla-f: I7I.ZO'7IZla "'-MC4.S:/7I.5a_... .' ~. .. ~ .~": , ) 0.' I,' j .' . I K1 -...J f 1'/ , ............. So '~r' ~t!l.: -." ....... -..J J". 4. . / ~/ I~ ~. /! I ..c: "~Q I.' II .!!\ f' ," I/' ~i g/: '0 /1) .. 1. 010.... s IV &. J ~I Q Ii""" ","\fey J ~ /,/l ~ "". ! 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I ~ ~ Iff '!~~Jtj,:,1. , ../ ~ <::! bt;",~,. "'1, , -:- - I l'f~/i~:.! , '01} ~ 1 il'f(., \I.l "'\.' , ~ !:!' .'::.~: ~,~', ~., I s& ~c..I~,l::~'i"'" I . t.~ \ \}j:)... ',';- I --D~c.G ~ ., ~, .. I , . P--l)C>.. 11>,)0'" : I !i..\. ..... . _ '.,,;. I or ...... I , :'..~_. "'. I l.--f , 'L. :z '" I ... 'J;'~.t.a..t.', '" , "'l.,!... I ..,Jr.J.-l-, I"j\~" .' , .A"'~ 1:.11. ,""'/1:'. I 8Z ,~ I~ .1If,>" :~ ,,;.) '. I . - ..,.. .... .~ 1 ... '764 . ^ 't. . -... .' "'-\:, . ~ b:..; , '~a \ Q: " WI' - .: '~~:., ~, '" 5 "H.if' ip .-\ 1/ \ . Drive 1 " .-'K-.. ~ 9~7.. (9+3./) 9~.J.. . C9~1.1) t " 3.C;}~ __ . - . "', '0: ..'> /5.0 ......... 1'0 <' ... '-SI.(JO_.. " // . ---Rr.n. --at:- __ & ",,::. I. I~~':' WOOd 'I' t\ot't~ . DESCRIPTION: 2 Block 3. lot . BENCHMARK: Spt ke In lath t GENERAL NOTES: 1) . - Denote o - Denote 2) 0 _ Denote 3) _ _ 0 :) x946.I - 0 6) x(951.1)- ) Proposedt ~l propose. 9) Propos.~ 10) -5&t:- v ~J. I I"Ofoc;, J l\ ' ~4. ~Lt~\t'\'~ . " . . MAYOR Jan Haugen COUNCI L Kristi Stover Robert Gagne Barb Brancel Vern Watten CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236 MEMORANDUM TO: MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 17 MAY 1989 RE: BAYWOOD SHOPPES P.U.D. - REQUEST FOR DEADLINE EXTENSION FILE NO.: 405 (88.04) The attached letter, dated 9 May 1989, from Charles Habiger requests an extension for the final plan submission for the above-referenced P.U.D. Section 1201.25 Subd. 6.c. (5) of the Shorewood Zoning Ordinance requires that the final plans be submitted within six months of approval of the project's development stage plans. It also provides for extensions of up to six months. Baywood Shoppes was granted development stage approval on 14 November 1988. It is recommended that their request for extension be granted and that they be directed to submit complete final plans by 14 November 1989. BJN:ph cc: Larry Whittaker Glenn Froberg Jim Norton Chad es Habiger A Residentia/,Community on Lake Minnetonka's South Shore c:?Z . Weis Builders, Inc. multi-family, commercial. industrial - since 1939 . r,MY t , J,-',~!- . - .-. '-~ May 9, 1989 Mr. Brad Neilson City Planner City of Shorewood 5755 Country Club Road Shorewood, h~ 55331 RE: Baywood Shops Dear Brad: On behalf of the developers, Dick Dreher & Associates, Inc. and Weis Development Corporation, we respectfully request an extension of our PUD approval. We were forced to make this request due to delays in resolving the technical issues associated with the Ninnehaha water shed. Therefore, we are not ready to submit final plans for building permit approval at this time. Thank you for your consideration. Very Truly Yours, :OW:~v+l~ Charles F. Habiger. AIA ~ Director of Architecture CFH:mlt cc: Dick Dreher John Robert Petroff Larry Corbin Joe Weis 042189 CORPORATE OFFICE: 2227 NW. 7th Street · P.O. Box 6757 Rochester, Minnesota 55903 Phone 507-288-2041 METRO OFFICE: Minneapolis. Minnesota Phone 612-831-9060 MEMORANDUM . . MAYOR Jan Haugen COUNCI L Kristi Stover Robert Gagne Barb Brancel Vern Watten CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236 TO: PLANNING COMMISSION. MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 11 MAY 1989 RE: MINNETONKA PORTABLE DREDGING - PROPOSED TEXT AMENDMENT FILENO.: 405 (89.08) At the 2 May Planning Commission meeting a number of conditions were discussed relative to allowing the Dredging Company to continue doing business in its current location. The attached text amendment is based upon the Planning Commission's recommendations. It is important to remember that these are the basic requirements and that additional conditions may be imposed in conjunction with the applicant's request for a conditional use permit. Such conditions would be identified when the public hearing is held for the C.U.P. If you have any questions or comments regarding the proposed amendment. please contact me prior to Tuesday night's meeting. BJN:ph cc: Larry Whittaker Glenn Froberg Jim Norton Jim Robin Bill Niccum A Residential Community on Lake Minnetonka's South Shore f -. . . DRAFT ORDINANCE NO. AN ORDINANCE AMENDING SECTION 1201.23 OF THE SHOREWOOD CITY CODE THE CITY COUNCIL OF THE CITY OF SHOREWOOD. MINNESOTA. ORDAINS: Section 1. City Code Section 1201.23 Subd. 4. is hereby amended to include: "f. Operational facilities for commercial and residential lake and lakeshore dredging. excavation and related construction and other services and the storage of equipment. machinery. watercraft. materials and supplies relating thereto. provided that: (1) The use was in lawful existence prior to 19 May 1986. (2) The area is fenced and screened from view of neighboring residential uses or if abutting any "R" District. (3) Storage is screened from view from the public right-of-way. (4) Landscaping is provided in compliance with Section 1201.03 Subd. 2.g. of this Ordinance. (5) All lighting shall be hooded and so directed that the light source shall not be visible from the public right-of-way or from neighboring residences. (6) Outdoor storage shall be limited to only that which is necessary to the conduct of the principal use. Exception: One (1) boat. not owned by the owner of the property. may be stored on the site. (7) Outdoor storage does not take up parking space as required for conformity to this Ordinance. (8) Any emission of noise shall be in compliance with and regulated by the State of Minnesota Pollution Control Standards. Minnesota Regulation NPC 1. ~ . Second . DRAFT ORDINANCE NO. AN ORDINANCE AMENDING SECTION 1201.23 OF THE SHOREWOOD CITY CODE THE CITY COUNCIL OF THE CITY OF SHOREWOOD. MINNESOTA. ORDAINS: Section 1. City Code Section 1201.23 Subd. 4. is hereby amended to include: "f. Operational facilities for commercial and residential lake and lakeshore dredging. excavation and related construction and other services and the storage of equipment. machinery. watercraft. materials and supplies relating thereto. provided that: (1) The use was in lawful existence prior to 19 May 1986. (2) The area is fenced and screened from view of 'Rcighaering abuttin~ residential uses or if abutting any "R" District in accordance with plans and specifications approved by the City Council. (3) Storage is screened from view from the public street right-of-way. (4) Landscaping is provided in compliance with Section 1201.03 Subd. 2.g. of this Ordinance. (5) All lighting shall be hooded and so directed that the light source ~ shall not be visible from the public right-of-way or from neighboring ~ residences. uc1Lcl'tb ~ ~6) Outdoor storage shall be limited to only that which is necessary to the conduct of the principal use. ~Exception: One (1) boat. not owned by the owner of the property. may be stored on the site.~ (7) Outdoor storage does not take up parking space as required for conformity to this Ordinance. (8) Any emission of noise shall be in compliance with and regulated by the State of Minnesota Pollution Control Standards. Minnesota Regulation NPC 1. R~ mRV he nmenAoA . . MAYOR Jan Haugen COUNCI L 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: 26 APRIL 1989 RE: MINNETONKA PORTABLE DREDGING - PROPOSED ZONING ORDINANCE TEXT AMENDMENT FILE NO.: 405 (89.08) BACKGROUND Minnetonka Portable Dredging Company, Inc., 500 West Lake Street (see Site Location map -.Exhibit A, attached), currently operates under a 1964 special use permit (referred to as a nonconforming use permit) which expires at the end of this year. The company's attorneys have requested that the permit be extended in order to allow the business to continue in its current location. Their request is explained in a letter, dated 23 February 1989 (see Exhibit B). The property is currently zoned R-1A, Single-Family Residential. Land use and zoning surrounding the site are as follows: north - Lake Minnetonka and single-family residential; zoned R-1A east - single-family residential; zoned R-1A south - Hennepin County Regional Railroad r.o.w. west - Shorewood Yacht Club; zoned R-1A The site contains approximately 60,984 square feet in area and is occupied by the company's office and two accessory structures. The applicant has requested that the Shorewood Zoning Ordinance be amended to allow the dredging operation as a conditional use within the C-4, Service Commercial District. He proposes the following as a description for the dredging operation: "Operational facilities for commercial and residential lake and lakeshore dredging, excavation and related construction and other services and the storage of equipment, machinery, watercraft, materials and supplies relating thereto." A Residential Community on Lake Minnetonka's South Shore . . Re: Minnetonka Portable Dredging Zoning Ord. Text Amendment 26 April 1989 Once the text has been amended, the applicant's next step will be to apply for a rezoning and conditional use permit. ISSUES AND ANALYSIS A. Comprehensive Plan. Shorewood's Comprehensive Plan serves as a guide for all land use decisions. The Plan originally suggested that the dredging company be eliminated upon expiration of its current permit. However, in 1982, during a study of the Crepeau Dock property, the Plan was amended, recognizing that the dock manufacturer as well as the dredging company were necessary businesses for the Lake Minnetonka area. The adopted text amendment appears in a staff report from Northwest Associated Consultants, dated 3 September 1982 (Exhibit C, attached). The City subsequently adopted the C-4 district with the specific intent of recognizing preexisting land use activities such as the dock and dredging businesses. B. Site Characteristics. If the existing use of the property is to be continued, the City should use the approval process as an opportunity to upgrade the property and, to the extent practical, mitigate the impact of the operation on surrounding properties. Prior to determining what standards should be imposed on the property, it is important to examine the characteristics of the use, the site itself and the area in which it is located. 1. Despite Shorewood's aversion to the term, the use of the property is clearly industrial in nature. The operation relies on the use of large, heavy equipment in its business. Earth moving equipment such as drag1ines, front-end loaders, bulldozers, dump trucks and low-boy trailers are among the machinery used on the site. 2. In addition to the equipment listed above the dredging company uti1itizes at least three large barges in its work. An on-site rail system allows these barges to be winched out of the water tor repairs. Although not apparent upon recent field investigation, it is assumed that other watercraft are also used in the business. 3. The dredging company maintains a permanent dock which extends approximately 60 feet into the lake. When not in use or repair, the ~arges are moored at this dock. There is also an area approximately at the center of the site's shoreline where a barge can be moored for off-loading of spoil material and loading of rip rap and retaining wall materials. 4. Besides equipment and machinery there is a considerable amount of exterior storage on the site. Assorted accessory equipment such as buckets of various sizes for the drag1ines, buoys, and materials such as gravel, stone, boulders, and pilings are stored in various locations on the property. - 2 - . . Re: Minnetonka Portable Dredging Zoning Ord. Text Amendment 26 April 1989 5. The dredging company uses virtually every square foot of the site, including areas which would normally be required for setbacks in the C-4 district. Exhibit D schematically illustrates the various use areas on the site relative to the C-4 setback requirements. 6. While most of the outdoor storage is necessary for the operation of the business, there appears to be a significant amount of discarded equipment and materials stored on the site, particularly on the east side of the property. 7. From County Road 19 the property is hidden from view by the Hennepin County Railroad Authority r.o.w. which is elevated in this location. The site is clearly visible from homes to the east and north of it and from the lake. The site is also visible by those using the H.C.R.R. r.o.w. as a recreational trail. C. Conditional Use Permit. The C-4 district already contains provisions for open and outdoor storage, service, sale rental etc. Given the proximity of adjoining residential sites, the nature of the activity and the relative shallowness of the site it is unlikely that the dredging operation will be able to comply with many of the existing requirements. Following are the provisions of Section 1201.23 Subd. 4.b. with comments as to how the dredging operation may comply: 1. Such use does not constitute more than thirty percent (30%) of the lot area and no more than the floor area of the first story of the principal structure. The outdoor storage areas far exceed the area of the principal building. 2. The area is fenced and screened from view of neighboring residential uses or if abutting any R District. Due to the proximity of adjoining homes and the size and height of equipment used by the dredging company it will be difficult to completely screen out the operation from nearby homes. An application for C.U.P. should, however, contain a detailed landscaping plan providing a combination of fencing and vegetation designed to soften the impact of the business on these homes. 3. Storage is screened from view from the public right-of-way. Existing vegetation along the southerly boundary of the site should be increased and enhanced. 4. Storage area is grassed or surfaced to control dust. The size and type of equipment (track driven) makes it virtually impossible to maintain any kind of surfacing, particularly in the loading and unloading areas. It may be possible to identify areas where surfacing such as crushed rock would reduce dust, such as the areas where accessory equipment, and buoys are stored. - 3 - . . Re: Minnetonka Portable Dredging Zoning Ord. Text Amendment 26 April 1989 5. Landscaping is provided in compliance with Section 1201.03, Subd. 2.g. of the Ordinance. See comment number 2. Also, the areas where landscaping opportunities exist are along the southerly and easterly boundaries of the site. When the applicant applies for a C.D.P. the City should determine if areas exist along the lake side of the site (e.g. northeasterly and northwesterly corners) where landscaping could soften the view of the site from the lake. Input from the adjoining neighbor to the east should be considered so as not to disrupt his view of the lake. 6. All lighting shall be hooded and so directed that the light source shall not be visible from the public right-of-way or from neighboring residences. Lighting should be addressed with the C.D.P. 7. Storage area does not take up conformity to this Ordinance. a proposed parking area to be Subd. 5 of the City Code. parking space as required for The applicant's C.D.P. should delineate built in accordance with Section 1201.03 In addition to the provisions listed above the City may wish to address the following: 8. Hours of operation. 9. Lake use (e.g. limiting the number of barges to those which are now in use) . 10. Limitation of boat docking to only watercraft used in the business. 11. Input from the Minnesota Department of Natural Resources. 12. Drainage and erosion control. 13. Limitation of outdoor storage to only that which is related to the principal use. 14. Storage of flamable liquids. This matter has been scheduled for a public hearing on 2 May. After discussion at that meeting, it is recommended that the hearing be continued to 16 May at which time specific provisions will be presented for approval. BJN:ph cc: Larry Whittaker Glenn Froberg Jim Norton Bruce Crist Bill Niccum - 4 - I ) ! I ! :m o~ t: (,{\-I "'~o~ 0"- (,\-<.-1 tn ~ i<( !~ ''2:, 0' \- m---- '2:. '2:. - ~ '-"- ;- ~.~. '\'( av a ~ :,~. ~l:) !,.; H \ , 1\ \. ,- "t, \..~. ~.-i '",; ..- Ii'. . '.'" "} 'I ': ',v. - . ')- - --- --- --- " <l en CI) 'Z. o \U Q - Co!) - \U ~ <( -1 Ill&- ~~ ~...IV) .1 I I I I I 't~ ; ~ ~~ -:L. ~ ,it, ~~ !.\,,!~.',,: ,'1\' Exhibit A SITE LOCATION Minnetonka Portable Dredging Zoning Text Amendment <.I 2 "'" --''':S'l1ol'O!lI:e;'-'' . . . p. ~;}. 3--a1 Minnetonka Portable Dredging Company, Inc. ("1-iPD") has operated its business (the "Businessll) for many years from the Shorewood property owned by it. The Business provides dredging, excavation, riprapping and related construction and other services for both residential and commercial lakeshore property owners in the community of Shorewood and the surrounding Lake Minnetonka area. The Business also includes new construction and repair and maintenance of lakeshore improvements including piers, docks, pilings, riprap and other improvements for functional and aesthetic purposes and for the prevention of shoreline erosion. The Business of MPD has provided these essential services to lakeshore residents and businesses for many years. MPD owns and utilizes its own Minnetonka lakeshore property in its operation of the Business affording it access to the property owners which require its services. without such access, provision of these essential services would either be impossible or prohibitively expensi.Je to the owners. For years, MPD has been and remains today, uniquely qualified and situated to provide these services which Shorewood and other lakeshore property owners will require from time to time. MPD provides these services and would continue to do so with absolutely no increase in local traffic volume or other demands upon Shorewood or other public services. without a conditional use permit to utilize its property for the provision of such services, MPD would simply be out of business. Termination of its Business would make unavailable to local lake shore property owners, to lakeshore cities, and to Hennepin County, the essential services provided by it thereby imposing an unreasonable burden upon such persons and entities due simply to the regular, ongoing need for such service::.; and the great difficulty in other firms performing such services without permanent and regular access to Lake Minnetonka. MPD is one of the very few businesses doing such work in the area. MPD's continued use of its property in the provision of these services affords both business and commercial lakeshore property owners in Shorewood and the surrounding area the opportunity to maintain and improve their property. MPD's continued operation of its Business will not tend to or actually depreciate the surrounding area but, to the contrary, will allow local lakeshore property owners an opportunity to maintain and improve their properties rather than depreciate and become run down. The continued use by MPD of its property for the operations of its Business and provision of the essential services which it has performed for Lake Minnetonka property owners for many years is necessary for and improves the general welfa:re, public health and safety of the Shorewood community and surrounding Lake Minnetonka area. MPD has operated its Business for many years in accordance with a conditional use permit issued by the City of Shorewood. Exhibit B APPLICANT'S REQUEST LETTER Dated 23 February 1989 .. Shorewood Planning~iSSiOn, Mayor and City Council 3 September 1982 . lit" .- Page Two The paragraph titled "INDUSTRIAL" is deleted. Paqe 81 The first paragraph on the page is changed to read: "Corrmercial Districts. For the most part, corrmercial zoning will remain the same as currently exists. A fourth district may, however, be created to recognize preexisting uses which provide lake oriented services. It is anticipated that application of the new district would be limited specifically to the area along County Road 19 near the Shorewood/Excelsior border. While the emphasis of the district would be service commercial. some fabrication would be allowed by conditional use permit when accessory to conmercial activity." Page 117 Paragraph One: "...in the northeast corner of the District. Also located in that area are "two nonconforming uses. A lake dredging company operates under a special permit which expires in 1990. and a dock sales and fabrication operation is located on the south side of County Road 19 near the Shorewood/Excelsior border. Badger Park provides..." Paragraphs two and three are deleted and replaced with the fOllowing: npropesed land use for this District is basically a continuation of the current development pattern. Particular attention should be given to the noncon- forming_uses'in the northeast corner of the District. The residential land use designation and zoning for this area has been dis- puted as inappropriate. Several factors tend to suggest that the commercail service activities now existing as nonconfonning uses may be acceptable for the area: 1) neither the dredging company nor the dock sales and fabrica- tion business are considered to contribute Significantly to the traffic on County Road 19; 2) given the lake oriented nature of both businesses. they can be considered necessary to the enjoyment of the lake; and 3) the land use pattern already established provides a transition from the higher intensity uses westward to residential areas. In view of these factors. the City is considering various means to give these businesses a legally conforming status. " ~ Exhibit C-2 " . . - 'I- .~ Shorewood Plannin.mmission, Mayor and City Co 1 3 September 1982 . Page Three An additional commercial district has been proposed which would allow commercial service activities which may involve limited assembly or fabrication accessory to onsite retail sales. Application of this new district is viewed as being appropriate for only_the northeast corner of Planning District 9. While it may be argued that this approach constitutes "spot zoning", when viewed from an areawide perspective the zoning becomes more appropriate. In doing this, municipal boundaries must be ignored for a moment. The commercial service activity in Shorewood can then be viewed . as an extension of a similar type of area on the Excelsior side of the border. Although the existing nonconforming uses may be considered appropriate for the area, two very important factors should be addressed in rezoning the area and in the review of future development or expansion requests within the area. First, traffic must be considered. County Road 19 is already felt to be utilized beyond its capacity. Consequently, uses allowed within the new zoning district should be those which take advantage of the existing high traffic, but do not add significantly to it in terms of volume or turning movements. Also from a safety perspective, it is highly recom- mended that access points be consolidated wherever possible. Secondly, although the nature of the uses in the area may be commercial service, the area still exists as an entry into the City. As such, particular emphasis should be given to screening and landscaping. Perhaps the most important..." cc: Doug Uhrhammer Ga ry la rson Jim Norton John lee/Charles Crepeau Gary Minion Kathy West Exhibit C-3 .. 0::0 o .g. lJ..-g o "QJ >-;:;:;:; .0 WO- =... o >~o. 0::; 0 --"\ Q -'" ....J.. c U)~~ .... - c ~c ur~ :c~ a..: <(; o::~ (.!)~ o~ a.: Oi ~g ..:--::.'!: ~ "fl ~1 () . -:z:~ '"Z ~.. 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U 0 c: N .".. D U . .... - c_ '" C..I .._ .0 Ill.. .. 1.0 - Joo.a III ..,....,.... . r. ...>0.....:1..."" ..00..... OO""~ .=.... O~C""VI._ 0....._0"'.. =..-;: -. -.. .... N ...._ ~:i~~~. ~~o:~~;:l 1110 ....."" &: ..,.......0.... a...,.O'll"O ........ .0. . ~........ &:......G'l "'. .....c.~_ . O.....=.....~.OCw .C:02.~.....= .. '"'.~ :JO. ei~~~~= =o3~~:~~: , ~ ~ ~J . ~ ~" n~ . "'. .. ~ . "'~- ... . ,. ,;' .i ~.;. \ ~~ ~ ~ ~ - ~, ',,"; -=- ~Cl ' \ - c "'- . - t~ ~ _-, 0 ...." .. ~--' ~ ~ ~ 'c- o ~.,-,~ 0 ~:1ii ~- () ~ :- ~~ 3 I , ~. ~. J -~, .~~~ """ '" ........ """.... ... J.; , ~ ~ t -P ~ ~ ~ ~ f ~ ~ ~.~ ",~ ~ 'i~ ~ ~ ~!~ ::: ~U' ~~ ,i 3 ~ ~ ~ dl ~ - "":::t ~ ~ "' , - , " <. l,.."j, ~. ...; t,- -0 ":- G Nt; 'p.r:($ Exhibit D SCHEMATIC SITE PLAN \~ ),' QC ,l . . 0. Z :: . .. c :: ~ ~ " . " 0 :l ~ '" ON U ~~ 0 .. 0'" UN .. O' C ,; . .; '. n.. := _0 -" .~ ~ . ~. . ~ . c~ O'~ O. =-... -= -.. 0- ~~ -= ~ 0 XN ".. .": ." 0- .... ." ;~ .O' .. C . . U ~~ .:~ .~ ;c ~ . -> ~o :.:: o. ~" .... . ~ . . ". ...c -< X .. U .. 0 ~ z " o > o . ~.:. i'::;: -'" . . '" ; ~ ~ :. -- . ~..: :> c ~... :.. c c $~'" . '" ;: . < III c.' ~. ..~.;; .~- . ~ _ 0 0"" ~~~ ." N .._ -e 0'" "'''' c> -. ~" "'~ . U. ~: ....... '"\\0- .., ... <S ~ ~ ~ r-- ,~ h P ,-, f~ ~j !1 . e 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: MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 17 MAY 1989 RE: JUNK ORDINANCE VIOLATIONS - APPEALS FILE NO.: 404 (Admin.) In the past few weeks we have sent out several notices of violations of our junk ordinance. While many have corrected their violations. we have received appeals from the following three residents: 1. Allen McKinney - 4925 Rustic Way (Exhibit A). 2. Siegfried Weissner - 26780 Smithtown Road (Exhibit B). 3. Greg Sorensen - 25535 Birch Bluff Road (Exhibit C). It is worth mentioning that we have sent notices to Mr. McKinney on four separate occasions. resulting in junk cars being towed and trash being hauled away on two of those occasions. Mr. Weissner has been cooperative and made progress but needs a few more days to comply with his removal notice. Mr. Sorensen was cited last year and appealed to the Council. It may be helpful, if you have time, to visit the properties in question prior to the meeting on Monday. We have advised the people who have made complaints that the appeals will be heard on Monday. You may be hearing from them. If you have any questions. please contact me prior to the meeting. cc: Larry Whittaker Glenn Froberg A Residential Community on Lake Minnetonka's South Shore ,..- r:Q . . ~~~ rM-"1 -- ~ - ? ~gq /l/ll/Q -10 fa j11() II e, ~h', b ',t ,,- l . . ~. MAYan Jon Hougen COUNCIL Kristl Stover nobert Gll!ll1C Bmb Brlll1r.el Vern Wottel1 / CrTY OF SI-IOIlEWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD. MINNESOTA 55331 . (612) 11711.3236 DATE: 2 May 1989 TO: Allen McKinney 11925 RUG tic Way Shorewood, MN 55331 PROPERTY LOCATION: 1,925 Rustic Way PROPER1~ IDENTIFICATION NO.: P.I.N. 26-117-23-14-0009 NOTICE TO REMOVE Offensive and Unheal thy Substances NOTICE IS llliREBY GIVEN that there exists a condition on the above referenced property which is in violation of Chapter SOl, 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 the following: Unlicensed/inoperable vehicles: Red GMC Tractor Ked Trailer Red old Chev Truck Blue '72 Oldsmobile '1'1'60177 ST87608 No plates No nlRt-p,:: Tab 87-G320016S Tab 84-682133S IO/') ~ ~~- " . DATE: 2 May 1989 1 ~n .-----:-:-,. . . MAYOR Jan Haugen COUNCI L Kristi Stover Robert Gagne Barb Brancel Vern Wanen CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474.3236 TO: Siegfried A. Weissner 26780 Smithtown Road Shorewood. MN 55331 PROPERTY LOCATION: 26780 Smithtown Road PROPERTY IDENTIFICATION NO.: P.I.N. 32-117-23-24-0001 NOTI CE TO REMOVE Offensive and Unhealthy Subs~ances 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 the following: Four (4) older Mercedes-Benz cars - 3 for parts with no plates. 1 with '88 tabs; One (1) Trailer; Three (3) older snowmobiles; Two (2) boats; also. construction debris. You are hereby required to remove the above-decribed matter and any other offensive matter located on the property and in violation of Chapter SOl, Section 501.01 within ten (10) days from the date hereof. In the alternatiVe. you may file a written notice of appeal at the Shorewood City Hall within ten. (10) days, in which case your appeal will be set for hearing at the next regularly scheduled meeting of the City Council. If you do not respond to this Notice within ten (10) days. the City shall take whatever action as may be necessary to have the offensive matter removed. The costs incurred by the City for such removal shall be charged to the property owner and become a lein against the property. ***PLEASE GIVE THIS MATTER YOUR IMMEDIATE ATTENl'ION*** I (. BY ORDER OF T'rlE SHOREWOOD CITY COUNCIL. ,..... /!V i I /' J / . ~ / I." ,,-, /, f ,~/ A Residential Community on Lake Minneronka's South Shore L L ~h\~',\ e-Z. . . MAYOR Jan Haugen COUNCI L Kristi Stover Robert Gagne Barb Brancel Vem Wanen CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236 DATE: 5 May 1989 TO: Greg H. Sorensen 25535 Birch Bluff Road Shorewood, MN 55331 PROPERTY LOCATION: 25535 Birch Bluff Road PROPERTY IDENTIFICATION NO.: P.I.N. 28-117-23-33-0024 NOTI CE TO REMOVE Offensive and Unhealthy 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 the following: Old windows. doors. car engine parts. tires. construction material and debris (approx. 8 cubic yards); also, unlicensed or inoperable vehicles: White Chevrolet Van License Plate LRJ 716 Yellow Mercury Wagon License Plate NRZ 5~ tabs Apr. '88. tabs~. '88. DEt.. You are hereby required to remove the above-described matter and any other offensive matter located on the property and in violation of Chapter 501. Section 501.01 within ten (10) days from the date hereof. In the alternative. you may file a written notice of appeal at the Shorewood City Hall within ten (10) days. in which case your appeal will be set for hearing at the next regularly scheduled meeting of the City Council. If you do not respond to this Notice within ten (10) days. the City shall take whatever action as may be necessary to have the offensive matter removed. The costs incurred by the City for such removal shall be charged to the property owner and become a lein against the property. ***PLEASE GIVE THIS MATTER YOUR IMMEDIATE ATTENTION*** BY ORDER OF THE SHOREWOOD CITY COUNCIL. A Residential Community on Lake Minnetonka's South Shore ~.,b'l-\- G - 2- .' '\ . . MAYOR Jan Haugen COUNCI L Kristi Stover Robert Gagne Barb Brancel Vern Watten . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236 MEMORANDUM TO: MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 17 MAY 1989 RE: REQUEST FOR SPEED REDUCTION - SWEETWATER CURVE FILE NO.: Street File - Sweetwater Curve We have received a petition from residents along Sweetwater Curve to reduce the speed limit on their street. Since the 30 mile per hour limit is a state requirement for local residential streets, any change must be based upon a speed study conducted by the Minnesota Department of Transportation. Since Sweetwater Curve is somewhat isolated and circuitous, it does not appear to be a logical shortcut to or from anywhere. Consequently City staff will attempt to determine who might be using this street other than the residents themselves. In the meantime it is suggested that the request be forwarded to MNDOT for the appropriate speed study. BJN:ph cc: Larry Whittaker Jim Norton Glenn Froberg Mike Pflaum A Residential Community on Lake Minnetonka's South Shore o )' · LUnDGREn · B ROScONSTRucTloN .INC, MAY _ 4 !cqC 935 EAST WAYZATA BOULEVARD. WAYZATA, MINNESOTA 55391 . (612) 473-1231 May 2, 1989 Mr. Brad Nielsen Shorewood Zoning Administrator 5755 Country Club Road Shorewood, MN 55331 Re: Sweetwater Additions Dear Brad: Ms. Jane Austin, 19690 Sweetwater Curve, telephoned me last week to express concern about the speed with which motorists are traveling through Sweetwater and to ask how she and her neighbors could induce the City to post a lower limit. I suggested that she prepare a petition and within a few days received the attached, which I herewith submit to you for consideration by the Shorewood staff and City Council. Lundgren Bros. Construction supports the request of these homeowners for the posting and enforcement of a lower speed limit -- with perhaps the addition of speed reducing advisory signs, as well. Please forward to Ms. Austin and me any recommendations on this matter which the City Staff may prepare and advise us of the dates of any Planning Commission or City Council meetings at which it is scheduled for discussion. Very truly yours, ,~UN. ,.DGREN B7JR...OS......;~NSTRUCTION, / / / , . f/ //~ -/ jL /~ // ';k[ (.,' "--- Michael A. Pflaum INC. MAP:bf Enclosure cc: Jim Norton, P.E., Shorewood City Engineer Jane Austin Ed Lundgren Gerald Honebrink Lynda Wickstrom Irene Heikkila . . SPEED LIMIT PETITION The undersigned residents of Sweetwater Curve and Sweetwater Circle, Shorewood, hereby petition the City of Shorewood to arprove the in- stallation of 20 mile per hour speed limit signs on our streets. We feel that sharp curves and resulting limited visibility make travel in excess of 20 miles per hour unsafe for both traffic and pedestrians. NAME /) ;: J /f- t/ X:.-.' LJA.-.-t I..A.- u......-,. ,. I 1 .V (, '~J-#.I~' --:-::/ ----- \ . \) (-.,J . . ~_u ~. ~- " ~..- 'V .., ,'- "".'-'t/<' _ -1/' J- ( ,( J. /. Iff _ / _ V'v;.,~~ ~-L,//I4l:. :/~~ '. ADDRESS /1670 JWe-GT0J,fTfjZ C. Jit..1/2 . -J I <-j7ff*, - ,~.~JLAdZV7;/U.e L~~u?- 10/3 \ '>,""c];;)WnblL (/41 I C11 3c, 50 ~L'h0(. Ji:::.' Cr<:..A). ~ ~E .'" ~ ~ \ (..) ? )() ~.{,-a)4../.;.4"t./ Q"UI-<-. ~~'U~..J,-jd rk!.- / f{ 15' 5t/,<zt-t-t{/Jtrl^ ~rv."c. /l---/A-J .. (~ 1-\ L - ,1 ,'- ''(1 Ie "~m' (ffiJ 19"" O$..M.".~_.;......Ll......:~ e~ ~''- , / fLlzJ 5 ~~1-a:-i:1/~A.l/'Ad:..- 5'1 C Sy,J~(\~~~ <7"'T3 0 5vl/~' s'\'{o ~\ov~~ ~t.. {L. _._._j~i(!.i'F...21:!-.~11~~~ Ll,tfj,~ \'\ '\J:~ ~\J 1L.~~ C:.....\-t\ ~,~"\ ll\\jl C{,u\ '/L J9$;lv~ S~~ c~ . . . RESOLUTION NO. 40-89 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT AND VARIANCE TO DENNIS CLARK - FRONTIER INDUSTRIES WHEREAS, Dennis Clark, doing business as Frontier Industries (A pplicant), manufactures and sells portable ice-fishing shelters and docks; and WHEREAS, all manufacturing and storage facilities are located outside of the City of Shorewood; however, Applicant maintains leased sales facilities on property located at 19285 Vine Hill Road (the Vine Hill Building) within the City of Shorewood; and WHEREAS, Applicant intends to lease additional property directly south of the Vine Hill Building to be used in conjunction with the Vine Hill property for the purpose of displaying one dock and one boat lift; and WHEREAS, the two properties (the Subject Property) are zoned C-3, General Commercial, and a Conditional Use Permit is required for the use of the Subject Property for purposes of outdoor sales displays, such as proposed by Applicant; and WH ERE AS, the proposed displays vlould constitute accessory uses of the property, and their location would be in the building setback areas; and WHEREAS, a variance to the Zoning Code would be necessary for the location of an accessory use within the setback areas; and WHEREAS, the Applicant's request has been reviewed by the City Planner, and his recommendations have been duly set forth in a Memorandum to the Planning Commission dated 26 April 1989, which Memorandum is on file at City Hall; and WHEREAS, after required notice, a Public Hearing was held by the Shorewood Planning Commission on 2 May 1989, the minutes of which meeting are on file at City Hall; and WHEREAS, the Applicant appeared before the City Council at their regular meeting on 8 May 1989, at which time the Planner's Memorandum was reviewed, the minutes of the Planning Commission were reviewed, and the testimony of the Applicant and the City staff was considered by the Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 111-;) , . . FINDINGS OF FACT 1. That the Applicant's request fulfills the requirements of Section 1201.04, Subd. 1, of the Shorewood City Code for the issuance of a Conditional Use Permit. 2. That the Applicant has demonstrated a hardship exists and that a variance is justified in order to make reasonable use of the land, pursuant to Section 1201.05, Subd. 2, of the Shorewood City Code. CONCLUSIONS 1. That Applicant's application for a Conditional Use Permit as set forth herein is hereby granted, subject to the following conditions: a. That th~ lease agreement for the additional property be co-terminating with the lease for the Vine Hill Building property and be submitted to the City Attorney for approval. b. T hat no additional signage associated with the display area shall be permitted. c. T hat the proposed dock display shall not exceed 30 inches in height above grade. d. That this Permit shall be subject to annual review and approval by the City Council and shall terminate automatically with the termination of the lease of the Subject Property. 2. That Applicant's application for a variance as set forth herein is also granted, to be effective only for so long as the Conditional Use Permit herein granted is in effect. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 22d day of May, 1989. Jan Haugen, Mayor ATTEST: Sandra L. Kennelly, City Clerk Roll Call Votes: A yes - Nays - . . ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 503 OF THE SHOREWOOD CITY CODE RELATING TO ABANDONED MOTOR VEHICLES THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS: Section 1. City Code Section 503.02, Subd. 1, is hereby amended to read as follows: "Subd. 1. ABANDONED VEHICLE: A vehicle, as defined herein, that has remained for a period of more than four (4) hours on public property illegally or lacking vital component parts, or has remained for a period of more than four (4) hours on private property without consent of the person in control of such property or in an inoperable condition such that it has no substantial, potential further use consistent with its usual functions, unless it is kept in an enclosed garage or storage building. It shall include a vehicle which is in a wrecked, junked or partially dismantled condition. It shall also mean a motor vehicle voluntarily surrendered by its owner to the City." Section 2. This Ordinance shall be in full force and effect from and after its passage and publication. ADOPTED BY THE CITY COUNCIL of the City of Shorewood, Minnesota, this _ day of , 1989. Jan Haugen, Mayor ATTEST: Sandra L. Kennelly, City Clerk 71J-1 . . RESOLUTION NO. 41-89 A RESOLUTION GRANTING APPROVAL OF THE REVISED FINAL PLAT FOR SENN ADDITION WHEREAS, the revised final plat of SENN ADDITION has been submitted in the manner required for the platting of land under the Shorewood City Code and under Chapter 462 of Minnesota Statutes, and all proceedings have been duly had thereunder; and WHEREAS, said revised plat is consistent with the Shorewood Comprehensive Plan and the regulations and requirements of the laws of the State of Minnesota and the City Code of the City of Shorewood. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of S horevlood : (1) That the plat of Senn Addition is hereby approved. (2) That the Mayor and City Clerk are hereby authorized to execute the Certificate of Approval for the plat on behalf of the City Council. (3) That this Resolution together with the final plat shall be filed and recorded within 30 days of the Developer's receipt of this Resolution. BE IT FURTHER RESOLVED, that the execution of the Certificate upon said plat by the Mayor and City Clerk shall be conclusive, showing a proper compliance therewith by the subdivider and City officials and shall entitle such plat to be placed on record forth~vith without further formality, all in compliance with Minnesota Statutes and the Shorewood City Code. ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 22d day of May, 1989. Jan Haugen, Mayor ATTEST: Sandra L. Kennelly, City Clerk Roll Call Votes: A yes - Nays - ?~-;) ~ . Second . DRAFT ORDINANCE NO. AN ORDINANCE AMENDING SECTION 1201.23 OF THE SHOREWOOD CITY CODE THE CITY COUNCIL OF THE CITY OF SHOREWOOD. MINNESOTA. ORDAINS: Section 1. City Code Section 1201.23 Subd. 4. is hereby amended to include: "f. Operational facilities for commercial and residential lake and lakeshore dredging. excavation and related construction and other services and the storage of equipment. machinery. watercraft. materials and supplies relating thereto. provided that: (1) The use was in lawful existence prior to 19 May 1986. (2) The area is fenced and screened from view of'Rcighboring abutting residential uses or if abutting any "R" District in accordance with plans and specifications approved by the City Council. (3) Storage is screened from view from the public street right-of-way. (4) Landscaping is provided in compliance with Section 1201.03 Subd. 2.g. of this Ordinance. (5) All lighting shall be hooded and so directed that the light source shall not be visible from the public right-of-way or from neighboring residences. (6) Outdoor storage shall be limited to only that which is necessary to the conduct of the principal use. ~ct:fltieR; Qfle (1) bVCll. nvl vWlleJ ~ .the OWI.'l::L uf Lh~ properLY. may b~ OlVL'l::d 01\ lll~ (7) Outdoor storage does not take up parking space as required for conformity to this Ordinance. (8) Any emission of noise shall be in compliance with and regulated by the State of Minnesota Pollution Control Standards. Minnesota Regulation NPC 1. as may be amended. (9) Any use of the lake shall be oubjcGt tg tag apprgyal of approved by the Lake Minnetonka Conservation District. (10) The use of the property shall be oubjcet te re'licm BRd Qommcnt by approved by the Commissioner of the Department of Natural Resources. (11) No direct flow of surface drainage to Lake Minnetonka will be permitted. Site grading. drainage and erosion control plans shall be auejeet te the a~~reval af approved by the City Engineer. (12) Any handling or storage of flammable liquids shall be subject to the approval of the local Fire Marshall." Section 2. City Code Section 1201.03 Subd. S.h. is hereby amended to include: "(31) Lake and lakeshore dredging and excavation facilities: One (1) space for each employee on the maximum shift. plus one (1) space for each ,company-owned vehicle." Section 3. This Ordinance shall be in full force and effect from and after its passage and publication. ADOPTED BY THE CITY COUNCIL of the City of Shorewood. Minnesota. this ____ day of . 1989. ATTEST Jan Haugen. Mayor Sandra L. Kennelly. City Clerk . . ORDINANCE NO. AN ORDINANCE M1ENDING CHAPTER 503 OF THE SHOREWOOD CITY CODE RELATING TO ABANDONED MOTOR VEHICLES THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS: Section 1. City Code Section 503.02, Subd. 1, is hereby amended to read as follows: "Subd. 1. ABANDONED VEHICLE: A vehicle, as defined herein, that has remained for a period of more than four (4) hours on public property illegally or lacking vital component parts, or has remained for a period of more than four (4) hours on private property without consent of the person in control of such property or in an inoperable condition such that it has no substantial, potential further use consistent with its usual functions, unless it is kept in an enclosed garage or storage building. It shall include a vehicle which is in a wrecked, junked or partially dismantled condition. It shall also mean a motor vehicle voluntarily surrendered by its owner to the City." Section 2. This Ordinance shall be in full force and effect from and after its passage and publication. ADOPTED BY THE CITY COUNCIL of the City of Shorewood, Minnesota, this ~~ay of m1-' 1989. Jan Haugen, Mayor ATTEST: Sandra L. Kennelly, City Clerk 71J-f . . RESOLUTION NO.~89 A RESOLUTION GRANTING APPROVAL OF THE REVISED FINAL PLAT FOR SENN ADDITION WHEREAS, the revised final plat of SENN ADDITION has been submitted in the manner required for the platting of land under the Shorewood City Code and under Chapter 462 of Minnesota Statutes, and all proceedings have been duly had thereunder; and WHEREAS, said revised plat is consistent with the Shorewood Comprehensive Plan and the regulations and requirements of the laws of the State of Minnesota and the City Code of the City of Shorewood. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of S horewood : (1) That the plat of Senn Addition is hereby approved. (2) That the Mayor and City Clerk are hereby authorized to execute the Certificate of Approval for the plat on behalf of the City Council. (3) That this Resolution together with the final plat shall be filed and recorded within 30 days of the Developer's receipt of this Resolution. BE IT FURTHER RESOLVED, that the execution of the Certificate upon said plat by the Mayor and City Clerk shall be conclusive, showing a proper compliance therewith by the subdivider and City officials and shall entitle such plat to be placed on record forthwith without further formality, all in compliance with Minnesota Statutes and the Shorewood City Code. ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 22d day of May, 1989. Jan Haugen, Mayor ATTEST: Sandra L. Kennelly, City Clerk Roll Call Votes: A yes - Nays - 7C--;;) ~ CITY OF SHOREWOOD PARK COMMISSION MEETING MONDAY, MAY 15, 1989 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 PM M I NUT E S CALL TO ORDER Chairman Laberee called the meeting to order at 7:00 PM. ROLL CALL Present: Chairman Laberee, Commissioners Lindstrom, Vogel and Andrus; Park Staff Rep Niccum; and Council Liaison Gagne (until his 7:30 Council meeting). Absent: Commissioners Weatherly and Christensen (both out of town) APPROVAL OF MINUTES Vogel moved, Andrus seconded, to approve the minutes of Monday, May 1, 1989, as corrected. "The slope of the Excelsior field is 12" in 275'." Motion carried - 4/0. ROAD/F.REEMAN PARK/MOTION REQUIRED Lindstrom moved, Andrus seconded, to recommend to Council that the road in Freeman Park be relocated about one road width to the south in the area where the southernmost ballfield fence is approximately 3' from the road as discussed between Public Works Director Zdrazil and the Park Commission, and following Zdrazil's suggestions on how the work should and can be done by the Public Works Department. Motion carried - 4/0. MINNEWASHTA SCHOOL SATELLITE REQUEST Mr. Steve Berquist, a Little League coach, has requested of the City that a satellite be placed at the Minnewashta School for use during games. Berquist said that they play on the field 5 nights a week and no facilities are available. Niccum talked to Jim Jones and he said some cities furnish them and some don't. The Park Commission discussed the issue ...the fact that the school is completely surrounded by Shorewood, the fact that it is more likely these days that the team could consist of boys and girls, and the possible effect on neighboring shrubbery. The Park Commission recommends: I. That Sue check with both the School and Community Services to see if they have any objections to placing a satellite at the school; 2. That Sue also check with the above regarding an article to be placed in the newsletter. They want to know if the school and Community Services would object to mentioning that the school facilities are there for use during the summer. They feel people are not aware of them because they are in back of the school behind a fence. If the above do not have any objections, the Park Commission wishes to install a satellite and run an article in the newsletter. -1- PARK COMMISSION MINUTES MONDAY, MAY 15, 1989 Page two ADMINISTRATOR INTRODUCED TO PARK COMMISSION Administrator Whittaker stopped in and was introduced to the Park Commission. FREEMAN PARK UPDATE The Commission asked and received an update on Freeman Park from the Administrator. PARK COMMISSION APPLICANT INTERVIEWS The Park Commission began reviewing the applicants at 7:30 PM. Three applicants were reviewed, Robert Belbeck did not appear. The three remaining applicants: John Arnst, Steven Dzurak, and Jim Wilson appeared before the Commission individually and asked questions and volunteered information. The Commission decided to wait until the end of the meeting to make their decision. MATTERS FROM THE FLOOR Vogel asked how the Engineers and Attorneys are hired? Laberee said he felt that perhaps specialists should be hired to do special projects. REPORTS Railroad Corridor Update The Council has directed Administrator Whittaker to contact the Hennepin County Regional Railroad Authority regarding the corridor. CathcartjChanhassen Fence Update Sue talked to Gary Warren, City of Chanhassen. He said they are putting in several fences, are in the process of receiving information, and the fence should be installed within 4 to 8 weeks. The Park Commission asks the Council if they will have Administrator Whittaker contact Gary Warren and see if the fencing can be black vinyl fencing because they are considering making this type of fencing the type they will use in parks from now on. If Chanhassen will not provide this, they would like to see if they could get estimates on that particular area of fencing both ways, see what the difference is, and if it is not too expensive, they will pay the difference. American Legion-Laberee Laberee has someone attending the next meeting. Volunteers Jim Jones of Community Services will help set up a way to get volunteers for helping in Freeman Park when the occasion arises. Manor Park Tennis Court-Resurfacing needed? New net needed? A gentleman called Sue and mentioned the above. Public Works Director Zdrazil and the Commission will look at it before the next meeting. They will also look at the court by Deephaven City Hall because it was referred to in the conversation. page 2 I PARK COMMISSION MINUTES MONDAY, MAY 15, 1989 Page three SILVERWOOD PARK Council Liaison Gagne suggested that the Waterford Development people be included in the meetings and discussion on the park. VOTE ON PARK COMMISSION APPLICANTS A written vote was taken. James Wilson received the majority of the votes, therefore the Park Commission recommends to the Council that they appoint James Wilson to the Park Commission. ADJOURNMENT Lindstrom moved, Andrus seconded, to adjourn at 8:45 PM. Motion carried unanimously. RESPECTFULLY SUBMITTED, Sue Niccum Deputy Clerk/Park Staff CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY. 16 MAY 1989 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. MINUTES CALL TO ORDER Chair Schultz called the meeting to order at 7:35 P.M. ROLL CALL Present: Chair Schultz; Commissioners Mason. Leslie. Benson and Spellman; Council Liaison Stover; Planner Nielsen. Absent: Commissioner Bongaards (excused). APPROVAL OF MINUTES Leslie moved. seconded by Mason to approve the minutes of 2 May 1989 as written. Motion carried unanimously. ZONING ORDINANCE TEXT AMENDMENT - CONTINUED Minnetonka Portable Dredging - 500 West Lake Street A second draft of the Zoning Ordinance text amendment as discussed at the 2 May Planning Commission meeting was presented. Planner Nielsen said that minor changes between the first and second drafts pose no problems. and are consistent with routine City requirements. The minor changes were requested by the applicant's attorney. Mr. Bruce Crist. Schultz asked why the City feels that the dredging operation is considered a better use for this site than residential. Benson noted that it exists as a grandfathered use. and there is no other available location. Nielsen stated that in 1985 the City looked at the general area. including Crepeau Docks. and recognized the need for these activities. Leslie noted that there is evidence that Mr. Niccum has made every effort to be a "good neighbor". Benson concurred. Nielsen cited a section from a Comprehensive Plan amendment from 1982 which found the activities acceptable. Schultz said he would like to see the area improved. Nielsen said the site plan approved would be expected to meet current Ordinance requirements. However. some of the property that may seem to need improvement (such as the location of existing billboards) is not owned by the Dredging Company. They only hold access easement over it jointly witht he Yacht Club. and do plan to pave the access at some time. Nielsen noted that placing a deadline requirement on paving the access could be incorporated into the C.U.P. Spellman said you cannot hold them responsible for property they do not own. Spellman noted that the Eurasion Milfoil eradication program could have an impact on hours of operation. Nielsen reminded the Commission that they recommended hours of operation to be based on the PCA's noise ordinance. Leslie asked if the designated parking area would be paved and curbed. Nielsen said yes. the Ordinance would require that as well as striping. Minutes Planning Commission Meeting 16 May 1989 Leslie said landscaping requirements really a screen. Nielsen said that two full growing seasons. However. stength. The specs are inadequate. requirements and review of same can need more control to ensure that a "screen" is a bond will be required for landscape plantings for Ordinance requirements are minimal and need more In any case. assurance of maintenance of landscape be incorporated in the C.U.P. provisions. Benson questioned the change in text from "subj ect to approval" to "approved by". Nielsen said approval is based on a specific plan which the applicant is committed to. This text will be subject to review by the City Attorney. Stover questioned why the Ordinance is allowing storage of one outside boat. It should be a C.U.P. provision rather than an Ordinance provision. Nielsen said he doesn't feel the C.U.P. should be less restrictive than the Ordinance. He cautioned the Commission that allowing storage of one outside boat must apply to any boat. not just the Lady of the Lake excursion boat. Benson moved to recommend to Council that the text amendment be accepted subject to the Council addressing Section 1. (6) regarding storage of one outside boat. Nielsen said the text amendment will not come back again for Planning Commission review once it is adopted by the Council. Benson withdrew his motion. Spellman questioned the value of having the DNR review the C.U.P. Nielsen said that since the site is in the Shoreland District. the Ordinance requires their review. Leslie asked if it is appropriate to allow the boat storage in the C.U.P. Nielsen said the C.U.P. should be more restrictive than the Ordinance (by adding conditions. not omitting conditions). Commissioners discussed reasons for allowing versus omitting the provision in item 6 regarding boat storage. It was decided that the request is to allow a dredging operation. not a boat storage business. Motion carried by roll call vote - 4 ayes - 1 nay (Leslie). Leslie said she didn't agree with eliminating the one boat storage. This item will appear on the Council agenda of 22 May 1989 PERMIT REQUIREMENTS - CONSTRUCTION PROGRESS - PROPOSED AMENDMENT This agenda item was deferred until a later date. MATTERS FROM '!HE FLOOR Schultz extended his compliments to Larry Whittaker as a great City Administrator. He has been working with him on the Comparable Worth. Schultz questioned the latest activities on the Mike Arvidson property. who is renting boat storage space without any type of permit or license. Planner Nielsen said he will be presenting a status report on Crepeau Docks. - 2 - Minutes Planning Commission Meeting 16 May 1989 Leslie said landscaping requirements need more control to ensure that a "screen" is really a screen. Nielsen said that a bond will be required for landscape plantings for two full growing seasons. However, Ordinance requirements are minimal and need more strength. The Ordinance specs are inadequate. In any case, assurance of maintenance of landscape requirements and review of same can be incorpora~ed in the C.U.P. provisions. Benson questioned the change in text from "subject to approval" to "approved by". Nielsen said approval is based on a specific plan which the applicant is committed to. This text will be subject to review by the City Attorney. Stover questioned why the Ordinance is allowing storage of one outside boat. She felt it should be a C.U.P. provision rather than an Ordinance provision. Nielsen said he doesn't feel the C.U.P. should be less restrictive than the Ordinance. He cautioned the Commission that allowing storage of one outside boat must apply to any boat, not just the Lady of the Lake excursion boat. Benson moved to recommend to Council that the text amendment be accepted subject to the Council addressing Section 1. (6) regarding storage of one outside boat. Nielsen said the text amendment will not come back again for Planning Commission review once it is adopted by the Council. Benson withdrew his motion. Spellman questioned the value of having the DNR review the C.U.P. Nielsen said that since the site is in the Shoreland District, the Ordinance requires their review. Spellman moved, seconded by Benson to recommend to Council adoption of the Ordinance text amendment as per the second draft subject to exclusion of the second sentence in item #6 under Section 1 "Exception: One (1) boat, not owned by the owner of the property, may be stored on the site." Leslie asked if it is appropriate to allow the boat storage in the C.U.P. Nielsen said the C.U.P. should be more restrictive than the Ordinance (by adding conditions, not omitting conditions). Commissioners discussed reasons for allowing versus omitting the provision in item 6 regarding boat storage. It was decided that the request is to allow a dredging operation, not a boat storage business. Motion carried by roll call vote - 4 ayes - 1 nay (Leslie). Leslie said she didn't agree with eliminating the one boat storage. This item will appear on the Council agenda of 22 May 1989. PERMIT REQUIREMENTS - CONSTRUCTION PROGRESS - PROPOSED AMENDMENT This agenda item was deferred until a later date. - 2 -