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022486 CC Reg AgP " 'l ' \ .. \ CITY OF SHOREWOOD \ REGULAR COUNCIL MEETING MONDAY, FEBRUARY 24, 1986 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. AGE N D A CALL TO ORDER A. Pledge of Allegiance and Prayer. B. Roll Call Mayor 1. APPROVAL OF MINUTES A. Regular Council Minutes - February 10, 1986 (Att #1 - Minutes) 2. MATTERS FORM THE FLOOR A. B. 3. PLANNING COMMISSION REPORT A. B. 4. PARK COMMISSION REPORT A. B. 5. CONSENT AGENDA A. Kennel License - 1986 Applicant: Location: Don Goettelman 6170 card.lin~l Drive ~..v ~..t) 5 ()tA~-<9 Moved Seconded Vote ~ t/ ~J?10 \~aJ'll~)l/M' ~ 1)~ Stover Gagne Rascop Haugen Shaw -I:. ~ COUNCIL AGENDA MONDAY, FEBRUARY 24, 1986 page two 6. SIMPLE SUBDIVISION/LOT WIDTH VARIANCE Applicant: Alan Yelsey Location: 5485 Grant Lorenz Road (Att 6a - Staff Report Att 6b - Letter) 7. GARBAGE COLLECTION ALTERNATIVES - DISTRICTING PLAN (Att 7 - Staff memo and info) 8. DISCUSSION OF PROPOSED SEASONAL WEIGHT RESTRICTION ORDINANCE AMENDMENT (Att 8 - Staff memo and info) 9. PLANNER'S REPORT A. Christmas Lake Access Proposal Status Report (Att 9a - report) B. Borchart Property (Att 9b - Fire Marshall letter) C. Fire Lanes (Att 9c - Fire Marshall Letter) D. Interim Zoning Ordinance - "Information only" 1. Shady Island Zoning 2. Lakeshore Setbacks (Att 9d - staff reports) 10. ENGINEER'S REPORT A. S.E. Area Trunk Water Status Report B. ~/ ~ , .' . COUNCIL AGENDA MONDAY, FEBRUARY 24, 1986 page three 11. ATTORNEY'S REPORT A. Correspondence on City Hall Law Suit (Att lla - Letter from American Druggests) B. Vine Hill Furniture Code Violation (Att llb - staff letter) C. 12. ADMINISTRATIVE REPORTS A. Corridor Study Update B. Discussion of Licensing fee for Garbage Collection Firms (Att 12b - Staff memo and draft resolution) C. Murfin Update (Att 12c - Murfin letter) D. 13. MAYOR'S REPORT A. B. 14. COUNCIL REPORTS A. B. 15. APPROVAL OF CLAIMS ANDAD.TOURNMENT ~ CITY OF SHOREWO.~"".' REGULAR COUNCIL MEETING MONDAY, FEBRUARY 10, 1986 ~ .,. . ~UNCIL CHAMBERS 5755 C'UNT~Y CLUB ~'A. 7:30 :P'.M. M I NUT E S CALL TO ORDER Mayor Rascop called the Regular Council meeting of Monday, February 10, 1986, to order at 7:30 P.M. in the City Council Chambers. PLEDGE OF ALLEGIANCE AND PRAYER Mayor Rascop opened the meeting with the Pledge of Allegiance and a Prayer. ROLL CALL Present: Mayor Rascop, Councilmembers Shaw, Stover, Gagne and Haugen (arrived at 7:45) Staff: Engineer Norton, Attorney Froberg, Planner Nielsen, Administrator Vogt and Clerk Kennelly APPROVAL OF MINUTES Moved by Gagne, seconded by Stover ,t9__,.ap.P-~e minutes of the regular City Council meeting~:.E~bruarY19L :J:9Be' as corrected in the official minutes book. Motioncarrte1funanimously - 4 ayes (Haugen delayed). / q ............2. // <;2 . L..~7/Ji-. t...--',. MATTERS FROM THE FLOOR Seniors Center Report Shorewood representative Rosella Schmidt was present to update the Council on the progress and the increasing use of the Senior Center. She thanked the Council for their financial support to the Center. PLANNING COMMISSION REPORT Stover reported that the Planning Commission discussed the Heritage Residence and the Near Mountain Project at the meeting of February 4, 1986. PARK COMMISSION REPORT -~ Snowmobile Ordinance Amendment a Council reviewed the proposed Snowmobile Ordinance amendment. Rascop ~_questioned curfew hours and speed limits along the trail system. Stover wondered how enforceable the Ordinance would be. Gagne felt the hours whould be extended to keep the. snowmobiles on the trails rather than uncontrolled areas. / CITY COUNCIL MIN~S MONDAY, FEBRUARY 10, 1986 page two . PARK COMMISSION REPORT - continued Snowmobile Ordinance Amendment - continued Shaw moved, seconded by Gagne, to refer the Ordinance back to the Park Commission for further study. Motion carried - 5 ayes. Audience comments were made. The SouthWest Trail Association is willing to add additional 20 MPH signs and also post signs listing curfew times. Bill Kullberg explained that they would like to conduct a noise test along the trail and if levels are high they will do plantings and re-test after the growth period. Test results will be submitted to the Park Commission. Another member of the audience felt the Ordinance should be more restrictive. CONSENT AGENDA Liquor Store II Lease Agreement The lease agreement had been negotiated for a one year lease with Ryan Construction for Liquor Store II for April 1, 1986 through March 31, 1987. Finance Committtee Appointment The Finance Committee would like to appoint Maria Malooly as Chair- person and John Bridge as Secretary to their Committee. Stover moved, seconded by Gagne, to approve the Liquor II lease and the Finance Committee appointments as requested. Motion carried unanimously - 5 ayes. (add to) RESOLUTION NO.5-86 SHOREWOOD YACHT CLUB - DOCK LICENSE Council reviewed the staff report answering questions the Council had regarding the yacht Club's operations. Gagne moved, seconded by Stover, to approve the issuance of the 1986 Dock License to the Shorewood Yacht Club. Motion carried - 5 ayes - Approval to be added to Resolution #5-86. COVINGTON VINE RIDGE FINAL PLAT Planner Nielsen reviewed the Development Agreement on Covington Vine Ridge with the Council. Haugen questioned if occupancy permits can be issued prior to completion of roads to that area, or does the Ordinance address a time limit on the completion of the dwellings. Nielsen stated that the State Uniform Building Code does set criteria in order to obtain an occupancy permit, but additional requirements can be added by Ordinance. Shaw stated that the price range of the building permit being requested is higher than the proposed prices. They felt that the Council approved the smaller lot to provide for medium income housing. Housing that would not be competition to the Trivesco project where the lots are larger. CITY COUNCIL MIN~S MONDAY, FEBRUARY 10, 1986 page three . COVINGTON VINE RIDGE FINAL PLAT - continued Mr. Hilmers could not address the valuation issue because he is not the builder, but felt the price of the proposed homes will be less than the model. COVINGTON VINE RIDGE DEVELOPMENT AGREEMENT RESOLUTION NO. 8-86 Gagne moved, seconded by Haugen, to approve the Development Agreement as presented. Resolution approved by Roll Call Vote - 5 ayes. FINAL PLAT APPROVAL - COVINGTON VINE RIDGE RESOLUTION NO. 9-86 Gagne moved, seconded by Haugen, to approve the Final Plat for Coving- ton Vine Ridge. Resolution approved by Roll Call Vote - 5 ayes. COVINGTON VINE RIDGE P.U.D. ORDINANCE AMENDMENT QRDINANCE NO~-.l:l~ Stover moved, seconded by Gagne, to adopt the Covington Vine Ridge P.U.D. (Planned Unit Development) by amending Ordinance #168. Ordinance adopted by Roll Call Vote - 5 ayes. NEAR MOUNTAIN P.U.D. Pete Pflaum was present to discuss the Near Mountain development and to request a building permit to contract a model building on that site. Nielsen indicated that the Development Agreement was not presently completed at this time. Engineer Norton addressed the issue of grading and percentage of slope proposed for areas of the development. Pflaum felt the steeper slopes were necessary to maintain the existing trees. He felt he could adequately plant the slopes to keep erosion from occurring, and took on the responsibility to ensure that result. Norton felt a compromise would be advisable. Stover felt the responsibility of the slope against erosion should be placed in Development Agreement. DEVELOPMENT STAGE APPROVAL RESOLUTION NO. 10-86 Stover moved, seconded by Gagne, to approve the Development Agree- ment subject to Planning Commisssion recommendation. Motion to omit Engineer Nortons recommendation of grading of slope and turning responsibility of erosion on Developer until the time in which the roads are turned over to the City, and then responsibility is turned over to the Homeowners Association. Motion to include issuance of a grading permit, and building permit to construct one building contain- ing 2 living units. Resolution adopted by Roll Call Vote - 5 ayes. CITY COUNCIL MIN4ItS MONDAY, FEBRUARY 10, 1986 page four . C.U.P. (CONDITIONAL USE PERMI~ (MEADER) CAR WASH RESOLUTION NO. 11-86 Scott Mann presented a new landscape plan for the previous Meader car wash at 24245 Smithtown Road. Scott Mann and Steve Kellogg are the new owners of that property. Mr. Mann addressed the Council concerns on possible traffic problems of stacking and entrance and exit to the business. A two year bond will be submitted to insure proper landscaping. Shaw moved, seconded by Gagne, to grant a C.U.P. as requested to the Mann and Kellogg Car Wash. Motion carried by Roll Call Vote - 5 ayes. WEIGHT RESTRICTION ORDINANCE RESCINDED ORDINANCE NO. 177 Letters were received from garbage haulers expressing their concerns on the Weight Restriction Ordinance. Other affected groups were present to discuss the effect of this Ordinance on their various operations. Attorney Froberg addressed the method of obtaining special permits for various types of vehicles to operate their business. Garbage hauler Bill Wrede felt that if other types of vehicles were issued permits to operate, haulers should be able to operate in the same manner. The Council discussed the possible contracting and dividing up the city into various service areas and appoint one hauler to each of those areas, thus limiting the use of the streets use down to one hauler per area. Haugen moved, seconded by Gagne, to rescind Ordinance #175 adopted by Council on the 16th day of December, 1986, and refrain from its publication, thus reinstating Ordinance #163. Haugen moved, seconded by Gagne, to direct to staff to study various methods of dividing up the City for haulers in order to reduce the usage on City streets. A limit of three months to determine a solution for the haulers was given. S.E. AREA TRUNK WATER SYSTEM Engineer Norton read aloud his feasibility report dated 2/6/86. He also read the letter from Bill Crawford, Engineer of District 5 for MnDOT, referring to possible acquisition of land for placement of a water tower. Gagne questioned additional tower height costs versus land cost. Engineer Norton felt it would cost approximately $1,000.00 per foot for addi tional 20 feet of height needed in the difference of elevation on the MnDOT property versus the Mason property. Stover suggested that the underground storage and pump house} wi th space for a treatment facility be constructed now arid' l~ter construct overhead (, storage after the determiniation of the new intersection has been made. CITY COUNCIL MIN~S MONDAY, FEBRUARY 10, 1986 page five . S.E. AREA TRUNK WATER SYSTEM - continued Resident Bob Snyder was opposed to the construction of a 54' x 32' pumphouse and would like to see the location changed. Norton indicated that too much underground piping was already in, in preparation of that location. PREPARATION OF WATER FEASIBILITY REPORT RESOLUTION NO. 12-86 Haugen moved, seconded by Gagne, to prepare a water feasibility report to include a water tower now and a treatment facility in a later phase; site to be determined prior to report. Motion carried by Roll Call Vote - 4 ayes - 1 nay (Stover). RESOLUTION NO. 13-86 ACCEPTANCE OF FEASIBILITY REPORT Gagne moved, seconded by Shaw, to accept the feasibility report to include the alternative site locations. Motion carried by Roll Call Vote - 4 ayes - 1 nay (Stover). APPOINTMENT OF BOND COUNSEL Gagne moved, seconded by Haugen, to appoint Springsted Inc. as bonding consultants for the water improvement for the S.E. quadrant. Motion carried - 5 ayes. JUVENILE DATA REPORT Officer Litsey explained the various terms and what they represent in the juveni~e report. Council questioned what type of cases do they handle and what other agencies are involved and to what degree. DRAFT POLICE AGREEMENT DISCUSSION Gagne moved, seconded by Stover, to approve the draft agreement to be forwarded to the other (3) joint powers agreement for consideration. Motion carried - 4 ayes - 1 abstain (Haugen - due to non attendance at the drafting meeting). Gagne moved, seconded by Shaw, to direct the Administrator to send cover letter-with contract to the-individual Councilmembers at their residences. Motion carried - 4 ayes - 1 nay (Haugen). ATTORNEY'S REPORT ;;;-:--- Rosenthal Deni'a:t RESOLUTION NO. 14-86 ~ Stover moved,p~conded by Haugen, to accept the Resolution of Denial as revised. Motion carried by Roll Call Vote - 5 ayes. Naegele Litigation A settlement has been made",between the City and Naegele Sign Company and a stipulation is being prepared. CITY COUNCIL MIN~S MONDAY, FEBRUARY 10, 1986 page six . ATTORNEY'S REPORT - continued Heritage Residence Discussion Joe Gorecki was present to discuss ways of acqulrlng municipal water service to their project on Lake Linden Drive. Four alternative plans were suggested within the January 30, 1986 Planner's Report. Staff recommends item 3 or 4, Developer feels Item 4 is the only possible alternative. (#4. The developer could negotiate with other property owners to petition the City to install the improvements and assess the cost back to the petitioners.) Gorecki questioned the park fund fees for this elderly housing project. Shaw indicated that the Park Commission recommendation was to keep the $500.00 individual charge as is. Nielsen stated that the fee is based upon need. Shaw felt the facility may require various needs that could be supplied through park funds, such as transpor- tation. Gorecki felt that with the narrowing margin of profit, that a 73 unit facility would be needed. Council did feel that they could support that number. ADMINISTRATIVE REPORTS Island View Road Clerk Kennelly reported on the procedure of checking for deed accesses and informing the affected residents of Island View Road prior to the Council submitting that property for state land sale. Froberg tried to obtain a Torrens Certificate for research on deed, but deed" has not been filed at this time. Council feels that they are not responsible for further action. State Revenue Short Falls Short falls in revenue have not been determined at this time. Rascop does not want to do any budget amendments until the figure can be clarified. Shaw moved, seconded by Gagne, to recommend that each department reduce their expenditures by 1% effective immediately. Motion carried 5 ayes. Murfin Property Purchase A letter- has been received from Murfin offering to split the cost of removIng the storage tanks by holding back $10,000 of purchase price until ~he removal of the tanks is completed. Haugen directed the Administrator to respond to Murfin indicating that their offer did not include any responsibility for the removal of tanks and they nave not changed their offer. CITY COUNCIL MIN~S MONDAY, FEBRUARY 10, 1986 page seven . MAYOR'S REPORT Task Force Meeting Rascop will be attending another Lake Access Task Force on February 13, 1986. Tree Program Mayor directed City Clerk to obtain information on a reforestation program for 1986. LMCD A public hearing will be held to hear Boulder Bridge's request to move their lagoon dockage onto the lake shore outside the lagoon. COUNCIL REPORTS Borchart Property Fire The building will be torn down as soon as the Fire Marshall completes has investigation. Vine Hill Furniture Sign Violation Notification has been sent and no response has been received. Nielsen will turn the complaint over to the City Attorney for further action. APPROVAL OF CLAIMS AND ADJOURNMENT Haugen moved, seconded by Gagne, to adjourn the Regular Council meeting of February 10, 1986 at 11.28 P.M. subject to approval of claims. Motion carried - 5 ayes. General Fund - Acct #00166-02 Regular checks # 31685 - 31737 = $ Payroll Checks # 200101 - 200122 31,749.97 9,098.39 40,848.36 $ Liquor Fund - Acct. #00174-02 Regular checks # 4365 - 4390 Payroll checks #~200123 - 200135 $ 38,890.61 2,487,02 $ 41,377.63 RESPECTFULLY SUBMITTED Sandra L. Kennelly Mayor Rascop i. .~ CHECK NO 31685 31686 31687 31688 31689 31690 31691 31692 31693 31694 31695 31696 31697 31698 31699 31700 31701 31702 31703 31704 31705 31706 31707 31708 31709 31710 31711 31712 31713 31714 31715 31716 31717 31718 31719 31720 31721 31722 31723 31724 31725 31726 31727 31728 31729 31730 31731 31732 31733 31734 . . GENERAL FUND - BILLS PAID SINCE FEBRUARY 5, 1986 TO WHOM PAID Robert Rascop Jan Haugen Tad Shaw Robert Gagne Kristi Stover MedCenters Health Plan Abel Heating, Inc. Acorn Services Acro-Minnesota, Inc. American National Bank AmeriData Systems, Inc. Astleford International Boyer Trucks Chanhassen Lawn & Sports Chaska Parts Service Custom Business Forms Hennepin Cty Treasurer City of Excelsior Excelsior Florist Gross Office Supply Hance Hdwe, Inc. Koenig, Robin, Johnson,Wood Leef Bros., Inc. Froberg & Penberthy, P.A. Matthias, Roebke, Maiser Metro Fone Communications Minnegasco Commissioner of Transp. Morton Thiokol, Inc. Wm. Mueller & Sons, Inc. Navarre Hardware Munitech, Inc. NSP Orr-Schelen-Mayeron & Assoc Judy Quaas S & S Welding, Inc. Satellite Industies, Inc. Shorewood Tree Service Tonka Auto & Body Supply Tonka Printing Company Twin City Stamp & Stencil Warner Hardware, Inc. Weekly News, Inc. Ziegler, Inc. Ziegler Tire Service Co. Brown Photo Void Department of Natural Resoures Commissioner of Revenue MAMA ~{ PURPOSE Mayor's Salary - Feb '86 _Council Salary - Feb '86 " " "" " " AMOUNT $ 150.00 100.00 100.00 100.00 100.00 749.40 964.38 89.50 237.46 5,175.00 63.40 304.92 171 .00 233.17 79.52 657.32 137.62 1,433;68 24.20 20.36 19.67 195.00 179.07 6,083.50 1,040.00 115.50 112.68 55.05 1,157.51 606.91 95.32 3,625.00 1,602.35 1,358.83 112.00 60.00 65.00 625.00 73.71 218.16 8.73 8.94 11. 20 173.47 60.40 40.30 0.0 75.00 57.16 10.50 " " CONTINUED ON NEXT PAGE.. . . . . . . . . . . . . . . . . . . . . . . . . . . " " " " Jan & Feb '86 Health Insurance Installment of Pressure Washer Copy Paper Office Supplies GO Water Revenue Bond - 9-1-80 Computer Bar Graph Paper Equipment Maintenance Air Compressor Bracket Equipment Maintenance " " Payroll Checks - Computer Micro-fiche - Tax Records 4th Qtr. Water Purchase Floral Arrangement Office Supplies - Finance Small tools - B1dg Maint Legal Fees Laundry Service - City Hall/Garage January '86 Legal Fees Financial Statements -Sept/Oct/Nov Pager rental for rest of year Utilities - Boulder Bridge Pump Hse Re-Lamping 7 & 41 Salt - Ice Control Sand - Ice Control City Hall/Public Works Supplies Water/Sewer Maintenance Service City-Wide Electricity December Engineering Fees Cleaning City Hall 2 Plow Mounts Chem Toilets - Cathcart Park Brush Removal Gen'l supplies - Public Works Office Supplies - City Hall Nameplate Snow Damage - Mailbox & Letters Legal Notices Equipment Maintenance " " Film Processing - Assessing Supplies Void Well Permits Dec Sales Tax '85 - 4th Qtr Water Metropolitan Managers Association Mtg . . GENERAL FUND - BILLS PAID SINCE FEBRUARY 5, 1986 CHECK NO TO WHOM PAID PURPOSE AMOUNT 31735 31736 31737 Martey Jakel Public Employees Retirement State Treasurer - Soc Sec Mileage - Parks 2/15/86 payroll - PERA 2/15/86 pyaro11 - F.I.C.A. SUBTOTAL 12.60 1,095.52 1,898.90 $ 31,749.97 COMPUTER PAYROLL CHECK LIST 200101 VOID VOID 0.0 200102 Daniel J. Vogt 80 hrs 857.67 200103 Sandra L. Kennelly 80 hrs 611.49 200104 Susan A. Niccum 80 hrs 450.44 200105 Evelyn T. Beck 80 hrs 687.30 200106 Kathleen G. Schwank1 85 hrs 502.60 200107 Bradley J. Nielsen 80 hrs 718.16 200108 Patricia R. Helgesen 80 hrs 527.61 200109 Bradley J. Nielsen Motor Vehicle Allowance 140.52 200110 Charles S. Davis 80 hrs 541. 63 200111 Dennis D. Johnson 82 hrs 607.79 200112 Daniel J. Randall 80 hrs 595.28 200113 Howard Stark 86 hrs 602.00 200114 Ralph A. Weh1e 80 hrs 519.31 200115 Donald E. Zdrazi1 80 hrs 780.17 200116 Bradley D. Arnold 27.5 130.63 200117 Keenan P. Fagan 8 hrs 34.00 200118 Martey Jakel 45 hrs 197.10 200119 Christopher O'Neill 39 hrs 165.75 200120 Gerald Sachs 16.5 hrs 78.38 200121 Michael G. Schmidt 34.5 hrs 140.18 200122 Stuart W. Mabusth 49.5 hrs 210.38 SUBTOTAL $ 9,098.39 GRAND TOTAL $ 40,848.36 .. J CHECK NO 4365 4366 4367 4368 4369 4370 4371 4372 4373 4374 4375 4376 4377 4378 4379 4380 4381 4382 4383 4384 4385 4386 4387 4388 4389 4390 . . LIQUOR FUND - BILLS PAID SINCE FEBRUARY 5, 1986 TO WHOM PAID Day Distributing Co. Coca-Cola Bottling Midwest Eagle Distributing Co. East Side Beverage Co. G & K Services Intercontinental Pkgs Co. Johnson Bros. Wholesale Mark VII Distributors Butch's Bar Supply Minnesota Bar Supply, Inc. Mn Suburban Newspapers, Inc. Nelson Enterprises North Star Ice Jude Candy & Tobacco Old Dutch Foods, Inc. Pepsi Cola Bottling Co. Ed Phillips & Sons Co. Prior Wine Co. Pogreba Distributing Co. Paustis & Sons Quality Wine & Spirits Co. Royal Crown Beverage Co. Safety & Security Div. 3/M Twin City Wine Co. Thorpe Distributing Co. Commissioner of Revenue CO}WUTER PAYROLL CHECK LIST 200123 200124 200125 200126 200127 200128 200129 200130 200131 200132 200133 200134 200135 Russell R. Marron Robert F. Nash Christopher Schmid Donald Thara1son Stephen H. Thies John F. Thompson John F. Josephson William F. Josephson Susan M. Latterner Steven D. Maeger Christopher J. Meyer Stewart R. Peterson Dean H. Young PURPOSE AMOUNT Pop/Mise/Beer Purchases $ 2,628.15 Pop Purchases 299.70 Liquor/Wine Purchases 4,223.03 Beer Purchases 3,650.35 Laundry Service 36.20 Wine Purchases 358.24 Wine Purchases 1,367.74 Beer Purchases 6,437.73 Mise Purchases 75.45 Mise Purchases 83.25 Advertising 69.12 January Shipping Expense 136.50 Mise Purchases 72.52 Cigarette & Hisc Purchases 1,362.76 Mise Purchases 65.01 Pop Purchases 519.40 Liquor/Wine Purchases 1,276.32 Wine Purchases 933.41 Beer Purchases 3,395.61 Wine Purchases 52.98 Wine/Liquor Purchases 322.78 Pop Purchases 39.00 Burglar Alarm Service 236.97 Wine Purchases 599.76 Beer Purchases 5,583.10 January '86 Sales Tax 5,065.53 SUBTOTAL $ 38,890.61 80 hrs 11 hrs 44.5 hrs 29.5 hrs 24 hrs 15 hrs 12 hrs 80 hrs 36 hrs 64 hrs 25 hrs 10.5 hrs 80 hrs SUBTOTAL 438.03 50.05 178.98 128.24 100. 77 63.75 50.23 487.50 134.96 262.18 111.92 47.78 432.63 $ 2,487.02 GRAND TOTAL $ 41,377.63 . . . CITY QF SHOREWOOD MAYOR Robert Rascop COUNCIL Jan Haugen Tad Shaw Kristi Stover Robert Gagne ADMINISTRA TOR Daniel J. Vogt 5755 COUNTRY CLUB ROAD . SI1P~EWOOD, MINNESOTA 55331 . (612) 474-3236 MEMORANDUM TO: PLANNING COMMISSION, ~~YOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 10 FEBRUARY 1986 RE: YELSEY, ALAN - SIMPLE SUBDIVISION AND LOT WIDTH VARIANCE FILE NO.: 405 (86.01) BACKGROUND Mr. Alan Yelsey has requested approval to subdivide his property located at 5485 Grant Lorenz Road (see Site Location map - Exhibit A, attached) into two lots. The property is zoned R-1A, Single-Family Residential, measures 200' x 433' and contains approximately 86,600 square feet in area. Since the R-1A district requires lots to be 120 feet wide, the applicant has requested a lot width variance to allow widths of 100 feet. The proposed division is shown on Exhibit B. As shown on Exhibit B, the property in question is currently occupied by a single- family residence and two garage buildings. ANALYSIS/RECOMMENDATION In evaluating the applicant's request, it is helpful to examine the area in which the property is located. In addition to site location, Exhibit A shows an area generally along Grant Lorenz Road between Lake Minnetonka and Smithtown Road approximately 1,000 feet from the east and west boundaries of the property. \ As can be seen on Exhibit A, there are a number of lots within the area which are substandard in terms of lot width (approximately 37 out of 115, or 32 percent). The substandard lots are somewhat concentrated along Birch Bluff Road, Wild Rose Lane and the east side of Grant Lorenz south of Wild Rose Lane. With the exception of the Birch Bluff Road lots, the area is typified by lots 40,000 square feet in area. It may be worthwhile to consider the potential for precedence if the variance is granted. While there appear to be several large parcels capable of subdivision in the vicinity of the Yelsey property, few are similar to the subject site. Lots to the north and west are. limited by configuration and private road access. Two A Residential Community on Lake Minnetonka's South Shore ~~CL . . Re: Yelsey, Alan-Subd. 10 February 1986 page two of the three lots immediately north of the 'property in question are not deep enough to comply with the 40,000 square foot area requirement if divided in half. Finally, most of the area west of Grant Lorenz is either already divided into acre lots or of such a size as to require formal platting. The right-of-way for Grant Lorenz Road is only 33 feet wide adjacent to the subject site. Consistent with past policy, the City should require 15 feet of easement as part of the subdivision and variance approval. This will bring the street very close to the 50 foot minimum width and align the r.o.w. with the existing r.o.w. to the south of the property. Both lots will still exceed 40,000 square feet in area. If the division is approved, the two garages become nonconforming uses on the northerly lot. There must be a principal dwelling on the property in order to allow accessory structures. Consequently, these garages will have to be moved or removed from the northerly lot. Given the character of the area and the fact that the area of the proposed lots meets the requirement of the R-1A district, it is recommended that the applicant's subdivision and lot width variance be approved subject to the following: 1. Drainage and utility easements should be provided 10 feet along each side and rear lot line. 2. Prior to release of the Council resolution the applicant must pay a $500 park dedication fee for the newly created lot (credit is given for the lot with the existing house). 3. The applicant must provide 15 feet of road easement along Grant Lorenz Road. 4. The two garage buildings must be removed from the northerly parcel. If the applicant chooses to wait for better weather, the division could be recorded subject to a signed agreement by the applicant that the buildings will be moved ,no later tluln 1 July 1986-.. \~' ),(to\<6/\' 5. The applicant must submit a new survey and legal descriptions for the two new lots within 30 days of the Council's approval of the request. 6. The division should be recorded with the County within 30 days of his receipt of the Council resolution approving the division. BJN:ph cc: Dan Vogt Glenn Froberg Jim Norton Alan Yelsey RD. I" L/~ V"~'1 I" I I EASiGATE O~K.t(\J~l. ~to.te"'...; 'I'd (7t~Vl.6.a.~t 40j 000 ~;; . it, I CIR. - 1 I , I I 1 t 1 I I I I I I N I Z lU I 0: I 0 -----:.J ~I , ,. r::: 4<<> t . ~I ",\ih O~ . clo-t i"J' tL~ i ( ~0\t\c.44('.l \~,~~ 1 __ . .... . Z : . (!) SMIT OWN . >-. r Exhibit A SITE LOCATION AND~TSlZF,S .~---_.. Yelsey, Alan - simple subdivisiort~"h"'~~"'~ and lot width variance ROSE · ...... . . . . . .s .-"11 '11.... J-}'--- --" I ~ <l' 12 r. 8: !) :.'.9 lfl\ (-"... 11\' ... '\1 -:::::11 ~ !!~ r-. 6.- ;,:j<l> "'------. . ~ I ~ 1',,<1 I j -J 1 ne i i I ~ ~~ y ~ .... 1 I ~~k \3( 0 ; ".,'\ , '"\ .. '. ~\. ....., .' , ! ~ Q i 1 '1 ____ ::1 . _-==_ 7;".==-:: l ~~_~ _j' .L'~~ :-...... ,~. ........ . . '" , '..0.10 ' ~l~~' >, Q I , ~ " .... ,- . ,'. I. ......' . aJ'JUO ~'\ 1;/ . \90 . . i 'J\ " ,- ~. . ~l ~ .. ~ ! 1. " &a'. 'J 11:1 !1 . .--_/ . . >. , ~~ ~~ i ~ '~ I ! \ \ r j \ J ' I .~.. i ) ~ I .. \' "'i ~ u~ ~ " '........ ~ J' <.. . . " ... .~"'."".., .. ~. .' .', ~ '. ..' . . .' '~~,\ ~~tf;~. .',,- ", ..." ~ . . ~ '.. , . '4:. '," , - -doj'l:J019 .;;- --;;;:;;.-us f..mt~ ExhibttB PROPOSRlr-1)"IViSr~~~'"' ~ . .~ -4 en z " \ . . CITY OF SHOREWOOD MAYOR Robert Raseop COUNCI L Jan Haugen Tad Shaw Kristi Stover Robert Gagne ADMINISTRATOR Daniel J. Vogt 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 . (612) 474-3236 DATE: Mayor and Councilmembers Dan Vogt ~ February 19, 1986 MEMO TO: FROM: SUBJECT: Garbage Collection Alternatives At your meeting of February 10, 1986 you requested that staff give you a report on the procedures which are necessary for the City .to go to a system of garbage collection that would divide the City up into quadrants. Below are some thoughts relative to setting up this kind of garbage collection system. The Council seemed to favor a districting plan for garbage collection whereby the City would be divided into districts/quadrants for bidding out garbage collection. One firm would then haul garbage in the district that they had the low bid in. This could be accomplished in two ways: franchising and contracting. In a franchising system, the City would give a private firm exclusive rights to collect trash within a given area. Then, similar to cable franchising, the customer pays that firm directly for garbage collection. Under the contracting system, the City hires a private firm to collect garbage within the City. The City would pay the firm directly for collection at the rate determined in the contract. The resident would pay for the service through their taxes or utility bills. Both of the systems discussed above will work for the City. The difference is the way fee for service is handled. Secondly, direction needs to be given to staff relative to the number of districts to establish for garbage collection. One thought on this issue may be to establish districts for garbage collection similar to the precincts used for elections. A copy of the precinct map is attached for your review. Establishing the system for collection (franchise or contract) and establishing districts is done by ordinance. Also included in the ordinance would be such items as the City preparing specifications for advertising for bids, term of agreement, bond requirement and insurance requirement. Other provisions may be included as the Council sees fit. I have attached information from the League of Minnesota Cities relative to contracting. The provisions of the recently passed Garbage Collectors Licensing Ordinance would remain in effect. These provisions include general regulations, disposal required, containers required, collection schedule and collection vehicle requirements. A Rp~id'mtial Community nn I..akp. Minnp.tnnka~<; South Shore 7 . . i~;. . Re: Garbage Collection Alternatives February 19, 1986 page two Therefore, items which need to be addressed relative to garbage collection are as follows: The system of contracting or franchising must be decided. - The district boundaries must be drawn. - Bidding specifications must be discussed. - Date of enactment of the new system decided. Billing procedures discussed. - Length of agreement discussed. - Otheritems-which-you -fee-l-c~.re-important and not included in this list may need discussion also. The Council may now wish to direct staff to prepare an ordinance which includes those provisions listed above and others not listed. The Council may also wish to set up a work session with garbage collection firms to review the ordinance and obtain comments. This issue appears on your meeting agenda of February 24, 1986 for your deliberation. DJV:ph Enc. cc: Glenn Froberg Garbage collection firms . City of Shorewood 5755 Country Club Road Shorewood, MN 55331 474-3236 ~ . -# ." IHOREWooD CITY HALL 5755 COUNTRY CLUB ROAD I""" EXCEl.S'OR COVENANT CHURCH , 19955 EXCELSIOR 8L.VD~ _ I I , I I .1 J I I 1 t , '., " " 0lIl0N0 " ... ......... .-' ----- ,.- ---...... PR[ClNcr-J . SHORE.WooD MINNEWI\SH':^ t.!'\:/TEO CHURCH PRECiNCt 3 267J5 W(ST 6':nd STREET "HOR~WOOD .. -- ._-_....~,. -...--...-......- -I 1 I I , ) " ,. .....0 -' ~~ ",," " ,- / " (PREcINCT 4) . / MOUND " " " " " " ,- ." '" " ,--------- -.-'->'" ~"''''' i I PRECINCT 2 &HORf.WOOo JEFFREY SOULE'S HOME 4595 ENCHANTED POINT ..~ L .., M_'..... . - Comment; Some or4iAam:-es-~lso -require-that--------- the licensee furnish a corporate surety bond to insure compliance with the terms of the license. If the ordinance code con- tains a provision on liability insurance like Section 501.01, Subd. 5 and the amouflt required under that section is suitable here, the sentence dealing with the amount may be omitted here. For suggested amounts to fill in the blanks, see "Comment" fol- lowing Section 501.01, Subd. S. . ties a single license is issued ahd in others no limits on the number of licenses are in- cluded in the ordinance. Subd. 4. Insurance. No license shall be is- sued until' the applicant files with the clerk a current policy of public liability insurance cover- . ing all vehicles to be used by the applicant in the licensed business. The limits of coverage of such insurance are: (1) each person injured, at least $ $ $ ; (2) each accident, at least ; (3) property damage, at least Subd. S. License fees. licenses shall be is- sued for a period of one year. The license fee is $ for the first vehicle and $ for each additional vehicle to be used in the lic- ensed business. Subd. 6. Rates and charges. No licensee shall charge any user of his refuse collection service more than the following amounts: $_ per month for one collection per week; $_ per month for two collections per week; $_ for daily collection. - 91 - . Comment: Many cities exert no control over refuse collection charges by licensees and therefore would omit this subdivision. If it is included, the maximum fee schedule should be elaborated as necessary, includ- ing, if needed, special provisions where amounts to be collected from a user are much larger than what would be normal for a typical residential unit. Some cities would leave the maximum fees to resolu- tion in order to avoid the need for amend- ing the ordinance to change maximums. In that case, the following provision might be substituted: "No licensee shall charge any user of his refuse collection service more than the maximum amount fixed from time to time by resolution of the council. " If the city uses a contract system under which the city lets a contract or contracts for collection or uses a municipal collee- tionsystem- (i.e;City vehicles and employ. ees), the appropriate alternate section be. low should. be nsobsthuted . for all- of Sec- tion 502.05 above. 502.05. (Alternate B) Contract for refuse collee- tion. Subdivision 1. Council to let contract. Subject to the provisions of this part, the coun- cil shall grant by contract let to the lowest bid- der in accordance with law the authority to col- lect and dispose of all refuse originating within the city. 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'u "0 v N 'r: o ..e ... :s " e " ... a. II u )( V C o ~ v Q. ... e " a. :s ~ ... o ... v C ~ o v .c .... ..!i ::I 1 ;i . .- , "0 .0 :I C/) v .c ... '0 >- ~ ;; .. o ... ~ ::; '" >- e " .. ~ o >- ~ e o u .. ... U ~ 15 U I U ~ 15 u at ~ ~ >- ... 'u " >- .0 "0 ~ ... ~ R 'E f ~ >- fi I III >- III e o ';:; u .!! 15 u , III I fo :. ..e u v U .~ at " ?: 'u v -5 S ~ c ~ '" E s ~ :s ! >- ... 'u v .c ... - .... o .. S ~ .. ... e o u e o ';:t v .c ... e .- ..:. "0 .0 :s III "0 II ... " "5 E ::J U U " at ~ II ... >- e " '0 ~ o Q. III :g .. o - N q N o 11'I e o .; u at .5 "0 v "0 .~ .. 0. III " ... Q. V u )( v >- ... 'u . . g. 'iij '50 .. >- ... 'u /,"....t . . '. CITY OF SHOREWOOD MAYOR Robert Rascop COUNCI L Jan Haugen Tad Shaw Kristi Stover Robert Gagne ADMINISTRATOR Daniel J. Vogt 5755 COUNTRY",CLYB ROAD . SHOREWOOD. MINNESOTA 55331 . (612) 474.3236 . DATE: :::O:O::d~ilmembers February 14, 1986 MEMO TO: FROM: SUBJECT: Seasonal Weight Restriction Ordinance As you know, now that the year-round Weight Restriction Ordinance has been rescinded, the City will now operate under its seasonal Weight Restriction Ordinance. I now have received cormnentsof concern for the seasonal restrictions. Specifically, Tom Wartman of Boulder Bridge is concerned. As background information, Mr. Wartman came to the City in the past month to discuss weight restrictions. Staff explained that a new ordinance had been passed which would exempt Smithtown Road and the Boulder Bridge street system from weight restrictions. With that in mind, Mr. Wartman has gone ahead and planned for the start of three (3) new homes in Boulder Bridge between now and May 1. With'the seasonal weight restrictions, such construction will be extremely difficult since trucks used would not be allowed to exceed 8,000 pounds (4 ton) per axle. Even prior to Mr. Wartman's cormnents, staff discussed the possibility of maintaining the concept of exempting certain streets from the seasonal weight restrictions. Discussions with the City Attorney relative to this issue indicate that it is possible to exempt certain streets from the seasonal restrictions. This could be done by passing an ordinance amending the seasonal Weight Restriction Ordinance. For your review, I have attached Ordinance No. 163 imposing seasonal weight restrictions. This ordinance was used last year and is now in effect. Also attached you will find a sample ordinance which would exempt certain streets from Ordinance No. 163. You will notice that the list of streets has been somewhat reduced from the list which existed in the year-round Weight Restriction Ordinance. The list now includes the major connecting streets in Shorewood plus those streets which are designed to withstand heavy loads. Staff feels that this option is a viable solution to a potential problem with the Seasonal ordinance. Mr. Wartman plans to discuss his concerns regarding this issue with you at your meeting of February 24. This item appears on your meeting agenda for your consideration. Call me if you have any questions. DJV:ph A Rp,<;;,/(mt;al Commun;tv on Lake M;nnetonka's South Shore ;! . . ORDINANCE NO. 163 -- AN ORDINANCE IMPOSING SEASONAL WEIGHT RESTRICTIONS UPON THE USE OF STREETS AND HIGHWAYSWI'J,'HIN, THE CITY OF SHOREWOOD, MINNESOTA, AND IMPOSING PENALTI-ES FOR VIOLATIONS - THEREOF The City Council of the City of Shorewood does ordain: SECTION 1: The purpose of this ordinance is to preserve the condition of the public .streets within the City of Shorewood from serious damage and destruction by the excessive use of the streets by trucks and other heavily laden vehicles, to reduce the amount of loss and expense to the taxpayers of the City for street maintenance, and to reduce the amount of dirt, noise and other undesirable conditions created by such traffic. SECTION 2: It shall be unlawful for ~ny vehicle or combination of vehicles during the period of March 1 to May 1 of any year to operate upon the streets or highways within the City with a gross weight of any single axle exceeding 8,000 pounds. The Director of Public Works may prohibit the operation of vehicles upon any public street or highway within the City, or impose further restrictions as to the weight of vehicles to be operated upon said streets or highways, whenever that street or highway may be seriously damaged or destroyed by vehicular use, including but not limited to deterioration, usage, rain, snow or other climatic conditions. SECTION 3: School buses are given special permission to proceed with normal operation of their regularly established routes and at all regularly established hours. !. SECTION 4: Refuse haulers, heating trucks, and City ~~~l~trucks may be exempted by special permit as follows: v' Ii \F h' /. U a. The owner thereof shall first secure from the ~\_jl Director of Public Works a certificate setting forth the route or /I ~/ j routes and the conditions under which such vehicle or combination /V of vehicles may be operated, and such vehicle or combination of vehicles shall thereafter be so operated in accordance with the terms of such certificate. b. The Director of Public Works. is hereby empowered and it is hereby made his duty to issue or deny, or issue in modified form, such certificates upon-application and to pres.cribe therein the route or routes and the conditions for operations under each such certificate, and in determining such route or routes and such conditions, the Director of Public Works shall permit maximum use of the particular highways and bridges . . consistent with the maximum capacity of such highway~or bridges, as determined with highway engineering practice. .. - .,. c. The Director of Public Works shall~~bave the power to revoke or modify the terms of anyexistin9"-".Ce,rtificate al: -any -e-tme~tlr""tl're-1!vent of operations "in violation of any such certificate or in the event of changed conditions requiring such action. The original or a correct copy of the certificate under which operations are being conducted shall be carried at all times in the driver's cab or in any vehicle or combination of vehicles while the same is being operated thereunder. SECTION 5: Any person who shall violate any provision of this Ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be punished as to fine by State Law. SECTION 6: This Ordinance shall be in full force and effect from and after its passage and publication according to law. Adopted by the City Council of the City of Shorewood this 11th day of February , 1985. CITY OF SHOREWOOD Mayor ATTEST: City Clerk . , . . DRAFT ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 163 IMPOSING SEASONAL WEIGHT RESTRICTIONS UPON THE USE OF STREETS AND HIGHWAYS WITHIN-THE CITY OF SHOREWOOD AND PROVIDING PENALTrES FOR VIOLATION THEREOF -- THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS: SECTION 1. Section 2 of Ordinance No. 163 relating to specific weight restrictions is amended to read as follows: "SECTION 2: It shall be unlawful for any vehicle or combination of vehicles during the period of March 1 to May 1 of any year to operate upon any street or highway within the City w~~h a gross weight of any single axle exceeding 8,000 pounds, unless such street or highway is specifically exempted from the provisions of this Section by the provisions of Section 7 of this Ordinance. The Director of Public Works may prohibit the operation of vehicles upon any public street or highway within the City, or impose further restrictions as to the weight of vehicles to be operated upon said streets or highways, whenever that street or highway may be seriously damaged or destroyed by vehicular use, including but not limited to deterioration, usage, rain, snow or other climatic conditions." SECTION 2. Section 7 relating to exempted streets is hereby added to Ordinance No. 163 to read as follows: "SECTION 7. EXEMPTED STREETS. The following streets or highways within the City are specifically exempted from the provisions of Section 2: Boulder Bridge Drive Boulder Bridge Lane Chartwell Hill Covington Road (between Vine Hill Road & Ridge Road) Eureka Road (between Smithtown Road & T.H. 7) Manor Road I 19 February 1986 Mr. Frank Fallon 1050 Holly Lane Shorewood, Mn 55331 . . MAYOR ..-~.-.Robert Rascop COUNCIL Jan Haugen Tad Shaw Kristi Stover Robert Gagne ADMINISTRATOR Daniel J. Vogt CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 . (612) 474-3236 Re: Christmas Lake Access Proposal Dear Frank: As you are aware Dan Vogt and I met with representatives of DNR and Interstudy on 12 February to discuss the preliminary design plans for the Christmas Lake access. Based on those plans it will be necessary for the City to grant the following approvals: 1) subdivision; 2) conditional use permit; and 3) several variances. Due to the number of parcels of property involved, I have attached a map which identifies the subject parcels for (hopefully) easier reference. Following is a more detailed explanption of the necessary actions plus the required information necessary for each approval: 1. Subdivision/combination. It will be necessary to divide Interstudy B from Interstudy A then legally combine B with Interstudy C. Also the Fayfield parcel must be combined with Interstudy A. For thi~ purpose we will need surveys and legal descriptions of all the existing parcels, including the locations of all structures, easements, etc. We will then need new surveys of all the resulting I parcels. In addition you must submit current (within the last 30 days) title opinions for all the affected properties. Finally, the enclosed application form must be signed by all involved property owners. 2. Conditional Use Permit (C.U.P.). This is required for the development of a substandard lot and is subject to the provisions of Section 200.04, a copy of which is attached. Required information is specified therein and has been highlighted for your reference. While much of the required information can be consolidated on the same drawing(s), it is important that a separate plan be submitted and designated as a "shoreland impact plan". This plan should include information on both existing and proposed drainage, grading, filling, excavation, temporary and permanent erosion control and site vegetation. A copy of this section was given to the DNR representatives. A Residential Community on Lake Minnetonka's South Shore /j (/CL- . . Mr. Frank Fallon 19 February 1986 page two 3. Variances. The proposal involves several variances to the requirements of the Shorewood Zoning Ordinance. While the number may vary depending on the final plans, variances are necessary for the following: r a. Lot area. Forty thousand square feet is required in the R-1A district. The exact area of the access site has yet to be determined. b. Lot depth. One hundred fifty feet is required. c. Building setback from the street (front property line) - 50 feet. d. Building setback from lake - 75 feet. e. Building setback from side lot line - 20 feet. f. Roads and parking areas setback from lake - 50 feet. g. Parking setback from street (front property line) - 50 feet. h. Maximum percent of impervious surface - 30% of lot area. L Grading within 20 feet of" lake. j. Toilets not served by sanitary sewer system. Thursday, 13 March. with the deadlines contained in the agreement between the DNR and others, the following schedule must be followed: ,r Application form, fees and all required information must be submitted no later than this date. In order to comply Association, City, " Monday, 17 March. Park Commission reviews request and makes recommendation to Council. Tuesday, 1 April. Planning Commission holds public hearing and makes their recommendation. Monday, 14 April. City Council reviews Planning Commission recommendation and make final determination. This schedule, while very tight, should allow for com~l~~e with the terms of the agreement. Since I will be out of the office for the first two weeks of March, it is very important that you contact me prior to 28 February to-d4cscus.s any questions you may have relative to this process. ';:J : I r I II' . . o~ 00 00 ~~ ..,~ ""-- /!!.., -------........ CII:: ~ xC O..J ~ 0.,..... ~.~~ ~~ ~ ~~ ~ ;:,f);c'\ ~ ~ . \. ., -0 -... Ji ::~ ~ '~ '" ...... ~ ~ I: U\ ct 2- \- '" - Q:. %. U .J' :i ...-.. ~, ~ . ~ t-"!..~' "F' I r, - I ~, I !\ e _ ,~o -^~~ r' () i; 0 "C:/ ~, r; S.J '" ,.., . I ~". ,"\, ". " '0;,\'. , , -. , . . . If) !! I ~ ,-' \ , . . Excelsior Volunteer Fire Department 339 THIRD STREET · EXCELSIOR, MINNESOTA 55331 FIRE MARSHALS OFFICE To: Brad Nielsen From: Mark Kuhnly Subject: Fire Ruined Building 5580 Manitou Rd. Shorewood Date: 2/14/86 The office building at 5580 Manitou Rd. in Shorewood that has been damaged by fire is still under investigation for determining cause. The State Fire Marshal Office, Bureau of Criminal Apprehension gnd the local Fire Marshal have been working on a cause determination. Due to the severe damage this has slowed down the cause determination, another slowing down factor in the cause determination is the possibility of there not being insurance on the building at the time of the fire. The reason the insurance coverage plays a part in the cause determination is that with the severe damage in the basement it is very hard tm rule out electrical with out the assistance of an electrical expert. The expense\of an electrical expert would be estimated at approximately $ 1800.00 per day an the length of this investigation is unknown. The city attorn~y advises that the cost would most likely have to be assumed by the City of Shorewood. I have just peen notified by an insurance company that may have SOme liability 1n this claim. The insurance company advises me that they will most likely be assigning a private investigator to this case to assist in the cause determination of this case,theref~re there will not be an expense to the city. I will immediately notify you upon completion of the investigation so the city can issue a permit for demolition. ctJ: c~ o /J___. . . " () C.~ 9i5 ,\ . . Excelsior Volunteer Fire Department 339 THIRD STREET. EXCELSIOR, MINNESOTA 55331 FIRE MARSHALS OFFICE To Brad Nielsen From: Mark Kuhnly Subject: Fire Lanes On Private Property Date: 2/14/86 Attached are three locations that I am proposing to have adopted_..fire lanes on private property. The location are Minnewashta Schoo1,Sullivan Center and the Shorewood Shopping Center. The Shorewood Shopping Center already has signs installed but are not enforceable due to there not. being a resolution adopted by the city. The purpose of the fire lanes are to allow for efficient ingress of emergency vehicles and safe egress of the occupants. Future fire lane proposals would include Our Saviors Lutheran School addition upon completion of building and the new public access on Christmas Lake. 9c . . ---- -- -~-------------~-- ~ .- "~\ " .. ' . - <.. ~ ~i ! , 757/<6 ""7 -'IJU ~ · _ - 'u 2/ I'M <'L rfL / ~ I ( 11/ / 111/ II) < , I I I I I I I I I ) ( ! ( ! (/ J~ "1> ,.. ( ;>I?J&' d -<;)(Vf9?J("I:) . r-- ;>I7f1M--.!'Q/5~__ ~ ~ ~r1 I at ..... II\, t ~ " ~ - \ --..... -... - - - Lit;' t<J/:/ ;. f;/ r1 //lI~(/ iJ ~ ~ ..... \:-- ...J " ..J ~ j () \!\ ~ e ~ ... . 11 ~ Z Q)Z W .!:i i. ~ ~ ~ a: LL 00 ~ - (/) ... ~ ...J ~ J w ~ - u(/) ~ } Xa: \ \ j W c( I , a ~ ~ l .... ( I f 1 , / W a: ~ W - ~ a: LL ~ ~~ "( . ... i o .- 11111) .... 0) .!i~ ~ I";a:1 " i I~ r ~, ". .If ~:" ...., ~~ ~\:\t.~ IoU .... IS'-. ~I.I.I. ("l~ " '"> <t 3 ~ ~ .... ~ Q - \)- ~ Q -..1 ~ "{ ~ ~ &. ~ 10-. ~ \lI CJ ~ 1. ~ '0 ~ ~ o o "3 ~ ~ ~ \1\ . . Excelsior Volunteer Fire Department 339 THIRD STREET · EXCELSIOR, MINNESOTA 55331 FIRE MARSHALS OFFICE Q ~j ~ ~ ~?, ..~ (I.~ ~~ ~ ... , "::t ~ ;;;;_4_ ~ Q ~- ~ -4-_ -__ t'- ~ ~ ~ ,. . . MAYOR Robert Rascop ~- COUNCI L Jan Haugen Tad Shaw Kristi Stover Robert Gagne ADMINISTRATOR Daniel J. Vogt ~'Si'.i"-'~, -. CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 . (612) 474-3236 MEMORANDUM TO: PLANNING COMMISSION FROM: BRAD NIELSEN .~ DATE: 13 FEBRUARY 1986 RE: INTERIM ZONING ORDINANCE - SHADY ISLAND ZONING FILE NO.: 405 (ZONING) Prior to the public hearing on the new Zoning Ordinance the Shady Island was shown as R-1C, Single-Family Residential. lot size analysis of the area which showed that the median was 25,000 square feet (three lots were 25,000 square feet and 13 were larger). The analysis also showed that 20 out island were less than 30,000 square feet. zoning classification of This was based upon a lot size for the island in area, 14 were smaller of the 30 lots on the Despite these statistics, the zoning was changed to R-1B, based largely on a petition circulated and submitted to the City by Commissioner Spellman. The petition was signed by 19 property owners from Shady Island (see Exhibit A, attached). Subsequently during a request for subdivision, Mr. Howard Shenehon submitted a second petition (see Exhibit B, attached) of eight residents asking to have their names taken off the first petition. He also submitted a third petition (see Exhibit C, attached) from 13 property owners requesting R-1C zoning. More than anything these petitions seem to suggest that people are willing to sign things they don't fully understand. 1 suspect much of the reason behind the first petition was the possibility that the City might grant a variance to Mr. Shenehon to create three lots instead of two. According to the Hennepin County Recorder's office, the two-lot division has been filed. Going back to the lot size analysis and the existing development on the island, the Planning Commission is urged to recommend that the City Council adopt the R-1C zoning classification for Shady Island. While this will not eliminate zoning problems for property owners, it should drastically reduce them. BJN:ph cc: Dan Vogt Glenn Froberg Jim Norton City Council A Residential Community on Lake Minnetonka's South Shore 1d '<~"""''''"' ,~",,,..,," ",^,,,,,,!,,""_!"l"lf"""~ ~1!lI\9,1~"T ' ~ ' ' ",' '''.,', ","', ' :)II~~.~,.JI, IJjI, I,J! "'~JlII'4I.~~!,n~~":~".~"~~F'''''''i''~''f' ""'M',i^,~""'''''''''''''"",,'''~i''_''''''''''''';'''i''''''-' TO: MAYOR and CITY COUNCIL CITY OF SHOREWOOD The fOllo.in:~resident:~of Shady ISland request thai all of .;shady ,'Islaj1~,,,,~aCC"1U'.' :.()n1Jl$!".....~'~!~f~}. 8ttO~~~:! "" 'f'by section 200.11 of the new Zoning OrdinanOe-. The'~lot size ~equirement of R-1B more nearly fit the Shady Island lot size average of 27,972 square feet which was determined by Brad Nielson (File 405 83.9) The cost of providing the Municipal utilities alluded to in Subdivision 1 of Section 200.12 R-1C and the fact that all of Shady Island is privately ovrned, show that the proposed not fit the physical conditions SI.J-l- flf~., .1J~ It.(h~..,_ 'h~~ ~ ~ "J '('77\J~,W ~ S7~J .54 2.;~.4v: ~ .t;Sf'1d ~~ JeJ, ~I It N. I JftR, :-~ ... S"2~ F!:67 .:q/0.Yc,::'l~ .~._. .8=IloC ~~~, ft 3J~ ~ ~.~~.....~~. - .5 /.tJ If> ~.#..( , Y ~~ t::-.Il't/P 7.-zl-1 / (;.. ..s 7.... ~ 0.... ~s , , . I .' ,.. '~""..'.""..'" "'"",< .,~'" ':~y ".'" 1'^,,,.:,.~,,,,,,.~,!_.~'~._~~'ii"~'''''';f'l,~,<v:,<, ',.,,:;..,,,. . ".',. .",',' "."'~'."'C"~"'" "~"""~'Wl""!"l'Ii'''''~>'~'.'''''''''''*'''''I'*''': ',,',. ',',,' - ",-,,^:' .;;::;'1;-,':;'-.,','." Page 2 PETITION TO MAYOR & CITY COUNCIL CITY OF SHOREWOOD ~ .... . !e request that all of Shady Island be placed in zo4ng ;istrict R-1B-lot size requirement 30,000 sq'. ft:~ .~ p~>,-%~~ ;r;4 5-1?-~' 5'~JJTZ . {j,ttt-i/~ 51?~ II ,. ' P#~!1'~ el, to ~~~ (ffivffv1}f~ LJ 0 -00 r'l- ,7 (j 'T ,I ,/7-) " - { (O ,,,;) Ylt:< t1..( --L.Sla~t.';' L>L~ ~/~o .s:k4 ~. 6b'(!;-- .~~ ~ {nuL ~{. .' " '. Exhibit A-2 :)11 8~1 ~N . ~~~! IB,l iii fil:~ i~BJB l:!lh"'!J.II: IB >o! i B'2~S llHllh II I 1~, i. ~ ~t~ I~ 'Bll~i. II II lJ I ' ~ ' ~ a~ '. ' ....j!iiJ ~Jjf' !~H~ f .lit. Ii '-~fl . '81-~D J~~fl I '.' ~lt:lIIJ1J..~iii~~JI!I~ i ~!~Jl .~ J~~ ~~ ~ ~ ~. -'.' ~. ~ oJ ~ i ~ ~ <) '\ .). ~ (4 f' '" '" ~ '" ~ \.')" J \I) T ~ 'S: i ~ ~ ~ ..' '?~~,~.,"".,.~ ,~~:::c-,<i, ,_ '" 'r,,~II'~ :41 ~J ~, "t. ,.,~,_,_.,J~-=.J~J ,I IllllJU .J;J.IQ,. -, .... .4 .$M#H..'8'I"~,~ A,W" 1.1 P/fOPlt9TI14 ., I R~~cINJ - Z/.TfI1JIL. 6~.c 'j'.~~ ,::,,;.... . ':IJ"i.~f1ilMit.)........d.tI' ~!? . . We understand that a petitial was signed this Sl.JIIDer by 17 or 18 of our neighbors a1 Shady Island requesting that the New ZOning Ordinance with the R-1C zoning that would establish 20,000 square feet as the mi.nimt.m . lot size for Shady Island be amended to R-lB or 30,000 square feet zoning. We understand that this onti.nanc:e is to be fiMlized later this year. 'Ibis is not. in our best interest. In a letter to the City 0U1ci.l, dated OCtober 27, 1983, Brad Nielson, City Plamer, stated - "'!be lot sizes em the island (Shady) range f:ran 14,000 to 70,000 square feet. '!be average lot size is appxoximate1y 27,972 squaxe feet. Since unw;l,,,, 11y lal:ge or SDal.l. lot sizes can skew an average, _ have calculate4 the mean lot size. '1hr:ee lots am 25,000 square feet in ama, with 14 lots larger and 14 lots smaller. H 'Ibis neans that 17 lots or 54.8% are 25,000 square feet or less. 8 lots or 25.8% have 18,500 square feet or less. Should any one of our 17 banes suffer substantial damage to the building f:ran Fi.ie, TOrnado or Explosion, _ \<<W.d be in non-ccmpllance under the R-lB zoning. We w.)U].d have to apply, and be granted, a Special Use or Variance Per:mit to build or rebuild under the R:-lB. '!his could or oould oot be allowed. 'D1e adjoinirv;J Enchanted Island Zoning is R-1C. Shady Island should be the same. '!his was the zoning pJ:qlOsed under the new ordinance that was approved by the City Council in July of 1985. We approve the R:-1C zarl..B:J (20,000 squre feet per lot - with 10 foot sideyards) and request that R-1C zoning be aJqlted by the CCuncil when the vota em the new city ordinanc:e is fiJua 1 i 'c later this year (1985). Please indicate yes or 00 to the follCMi.nJ 2 questions.' 1 1. We \ere asked to. sign the petition to change the zoning to R:-1C (30,000 sq. ft. lot size.) 2. We wn mtified by the city ~f the p%qX)sed change. t Date Street Signed Name 1915' Number , f ~ J'bi ;2IS' ~~1iI1~uL fI/I-' nf!J'" i;/4 fv-rA~,( -"/"7 n f ,- -uA IJ. .~ <1... S'2.#~-' Ill. J~...~~ Printed Name Asked to sign Petitial Nt} ,,/0 Nil If/~ Notified by City ~6G. SW~lIdN ",...( tH. ~ f""d I... n J G~;-..,J ~. G4eJl.A") . ~III"U ~"~A)r. IItfJIU . ;;;..-- No N. pJt N~ .; .... ~ . .~."_. ' Exhibit C .. ,.' .,' ,.'... 'j:, ;, I' . . .~. -.:-, .'.0. .. ., .. - . .,..." '-" .., ,-' ~ . '-!. Date Stree1: Signe4 198! Nnlll~ NUla Printed NaM Asked Notifie4 to aiga by City Pet! t!o.' / \ ~ /}RtI~AJ A..VjYJSE'1J No ,~'. ;":>', ~"" ~~.~ ~ 50'-0 ~"7 ~ tt . : 'Ib~ I-J'''.i- I A7 ~~, 6~ It. ~<<r. 1;; ,so '1 VUJ.'I1 ~~ ~ ~~ .6~.u1 f: ,4 ,~......+ Ji>o P6 .JW'r Jl;j,--..J /{{) j/O Do r/s A.1Io MnSc7l1 NtJ .JU, ~lJ J2. 7' oJ-I A.. ~,).)S~ dJo JJO (,):;)JJJoI\ It. a~rs~ J.Jo JJg Ed "}, M, t)ry<tn1- .1'/ t; /'to rAft) F1tII2CE/- !# Rtm~(/~ G~~1i7 Hi> ...lI.!L. lf1rjiniaU~ Ala f16 !1J'#!*/{. rt 6.)/ IJ(>/~ tit.. , ~~ .6/~ t::lE 6 JJi/ , ~ S2..:J..S q~ S-2-~S ~~ ~~ 4/!2 44 ~1J ffdaJ. 'A ~ - .tj'170 ' ~ 1q~Q ~j;~ 51'6 dflJr 5("0,\ - ....-~~--- . 17 ..' ,. ) , . Exhibit C..:.2 . . CITY OF SHOREWOOD MAYOR Robert Rascop COUNCI L Jan Haugen Tad Shaw Kristi Stover Robert Gagne ADMINISTRATOR Daniel J. Vogt 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236 MEMORANDUM TO: PLANNING COMMISSION FROM: BRAD NIELSEN ~ DATE: 13 FEBRUARY 1986 RE: INTERIM ZONING ORDINANCE - LAKESHORE SETBACKS FILE NO.: 405 (ZONING) As you recall the new Zoning Ordinance increased the previous 50 foot setback on Lake Minnetonka to 75 feet. The purpose of the change was to make our ordinance consistent with the setback requirement being imposed by the Minnehaha Creek Watershed District. As it turned out, the Watershed District's requirement was based on the State shore land management requirement for unsewered property. Once they discovered that Shorewood is entirely sewered, they reduced their requirement to 50 - the setback for sewered lakeshore property. Since then they have indicated that they have "gotten out of the setback business" for communities that have adopted shore land management regulations consistent with the State requirements. Given the extent of existing lake shore development in Shorewood it is unrealistic to think that the character of the lake shore can be changed by increasing the set- back requirement at this ~ate date. This is especially true since the Ordinance allows reduction in setbacks consistent with adjoining properties. It is important to realize that the new Ordinance was intended to reduce the number of nonconformities by making the zoning standards consistent with existing development to the extent possible. To arbitrarily increase the setback will have the opposite affect of creating many more nonconformities (everything built at the previous 50 foot setback will become nonconforming). From a planning and zoning perspective, it is far better to keep the 50 foot setback and apply it consistently than to change the standard now. Therefore, it is strongly recommended that the setback for Lake Minnetonka be changed back to 50 feet. If there are any questions relative to this matter, please do not hesitate to contact my office. cc: Dan Vogt Glenn Froberg Jim Norton City Counci 1 A Residential Community on Lake Minnetonka's South Shore ." ,"'" . . FER 1 9 t~(.o r .-.~' LANG, PAULY &: GREGERSON, LTD. ATTORNEYS AT LAW ROIIERT I. LANG ROGER A. PAULY DAVID H. GREGERSON RIOIARD F. ROSOW - MARK J. JOHNSON JOSEPH A. NILAN JOHN W. LANG DIANA P. MASSIE ..lOB IDS CENTER BO SOUTH EIGHTH STREET MINNEAPOLIS. MINNESOTA 5S<C02 TELEPHONE: (612) 338-0755 February 17, 1986 Glenn Froberg, Esq. 17736 Excelsior Boulevard Minnetonka, Minnesota 55345 Re: American Druggists' Insurance Company v. City of Shorewood, John Zagar and Jill Zagar Court File No. 766423 Dear Mr. Froberg: As you know, our office represents American Druggists' Insurance Company in the above-referenced matter. Given the size of the claim by American Druggists' against your client the City of Shorewood, I believe it would be economical to discuss settle- ment prior to either side incurring additional attorneys' fees. By way of background the above-referenced litigation was commenced by Thompson Lumber Company against American Druggists' and Zagar Construction. (Zagar Construction has gone into bank- ruptcy and is in default.) Thompson Lumber was a materialman/ supplier on the City Hall project and claimed that it had not been paid for the materials supplied. American Druggists' com-. menced a third party action against the City of Shorewood alleging that the City was required by the terms of the contract to hold 10% of all progress payments. until all of the work was "completed and accepted". American Druggists' also commenced a third party action against John Zagar and Jill Zagar, individually, on the basis of an Indemnity Agreement. In a related case, Berg Drywall, Inc. sued Zagar Construction and American Druggists' claiming that it too had not been paid for materials and labor supplied in connection with the Shorewood City Hall project. The Berg Drywall case went through trial and ~as affirmed on appeal to the Minnesota Supreme Court. The trial court expressly found that the project was "accepted" on June 23, 1980. Based on the ruling of the trial court and the affirmance by the Supreme Court in the Berg Drywall case, Thompson Lumber brought a motion for summary judgment alleging collateral estoppel as to the date of.. "acceptance". The trial court in the Thompson Lumber II Cl-' ~ f ,. . . Glenn Froberg, Esq. February 17, 1986 Page Two case ruled that the issue of the date of acceptance had been decided, and granted -summary judgment in favor of Thompson Lumber. This decision was also-. appealed to the Minnesota Court of Appeals: which affirmed thetz1al court ruling. . The issues raised in the Berg DryWall case (i.e., the date of completion and acceptance and final payment) were fully litigated in trial and affirmed on appeal. These issues I believe determine the rights and liabilities between our clients. Further, I believe that the determination in the Berg Drywall case, especially in light of the Court of Appeals decision in the Thompson Lumber case, will act as collateral estoppel. Specifically, the City of Shore- wood authorized payment in the amount of $13,157.84 on March 10, 1980. This was the final .payment on the contract. Due to a mis- understanding in the City Clerk's office, the check which was actually issued on March 12, 1980 was in the amount of $11,842.06. Because the work had not been "completed and accepted" as of March 12, 1980 as determined by the court in the Berg Drywall case, the City of Shorewood violated Article 9, Section 9.4.5 contained in Section 00800 of the Supplementary Conditions to the contract which states is pertinent part as follows: I~ making payments, 10% of the payments shall be retained until completion and.accepta.nce of all work. to as I am enclosing for your convenience copies of the decision by the Supreme Court and trial court in the Berg Drywall case, the decision by the Court of Appeals in-. the-ThompsonmLumber case, and Section 00800 of the Supplementary Conditions to the contract. Based on the foregoing, I believe the liability of the City of Shorewood to American Druggists' Insurance Company for the pre- mature payment can be readily established. I request that you therefore make payment in the amount of $-11,8-42~.E)6i."p1.-us-~i.nterest from March 12, 1980 to the present. / '. . . . . .;;0 Glenn Froberg, Esq. February 17, 1986 Page Three If your client is unwilling to tender the amount requested, please feel free to submit a reasonable counter proposal which I can discuss with my client. . Very truly yours, LANG, PAULY & GREGERSON, LTD. BY~'~ Jo P A. Nilan JAN/krj Enclosure P.S. In reviewing my file, I find that we were never served with the copy of the Fourth Party Complaint by the City of Shorewood against Reese/Rova Associations, et a1. Please forward a copy of the Fourth Party Comp1ainat with your respone to-this correspondence. Thank you for your cooperation. JAN 1. . . CITY OF SHOREWOOD MAYOR .. Robert Raseop COUNCI L Jan Haugen Tad Shaw K risti Stover Robert Gagne ADMINISTRATOR Daniel J. Vogt 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 . (612) 474-3236 13 February 1986 Mr. Glenn Froberg 17736 Excelsior Blvd. Minnetonka, Mn 55345 Re: Code violations - 19385 State Highway 7 Dear Glenn: The owner of the Vine Hill Furniture Store has failed to comply with the certified letter sent to him on 27 January 1986. Consequently the matter is being turned over to your office for legal action. I am forwarding our file on the property for your review and use. Included therein are photographs taken on 10 February 1986, showing that the violations still exist. We would appreciate the return of the file following your use of it. As you are aware, the City Council is quite anxious to have this matter resolved. If you have any questions, or if I can be of any assistance, please do not hesitate to contact my office. Sincerely, ~~ fl- ~<U1---Y Bradley J 1.' N~lsen Building. fficial/City Planner BJN:ph cc: Dan Vogt City Council Harry Niemela A Residential Community on Lake Minnetonka's South Shore / / h , . . , t- CITY OF SHOREWOOD MAYOR Robert Rascop COUNCI L Jan Haugen Tad Shaw Kristi Stover Robert Gagne ADMINISTRATOR Daniel J. Vogt 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 . (612) 474-3236 MEMO TO: Mayor and Councilmembers FROM, Dan Vagt ~ DATE: February 19, 1986 SUBJECT: Licensing Fee for Garbage Collectors Per Ordinance No. 176 Regulating and Licensing Garbage Collectors, the Council must pass a resolution setting the fee for the license. A sample resolution is attached. I have reviewed fees charged by cities surrounding Shorewood. We must keep in mind that the fee should not be more than is necessary to recover for the service rendered. The fees are as follows: Chanhassen - $25 for 1st vehicle + $15 for each additional Deephaven - $ 5 flat fee Minnetonka - $33 for 1st vehicle + $16 for each additional Mound - $100 flat fee Orono - $30 flat fee Tonka Bay - No license fee Excelsior - $25 flat fee Greenwood - No license fee Staff recommends a flat fee of $30 is sufficient to cover the City's costs. This item appears on your meeting agenda for February 24. DJV:ph A Rp.~;rlpnt;RI Commlln;tv on rRkp. M;nnp.tonkR~'> South ShorP. )d/) ~ . . ~ RESOLUTION NO. A RESOLUTION SETTING A FEE FOR A GARBAGE COLLECTOR'S LICENSE IN THE CITY OF SHOREWOOD WHEREAS, Shorewood Ordinance No. 176 requires a license for all collectors picking up garbage in the City of Shorewood and sets forth the procedure for the issuance of such license; and WHEREAS, Subdivision 4 of Section 406.05 of said Ordinance provides that the fee for such license shall be established by resolution of the Council from time to time. NOW, THEREFORE, BE IT RESOLVED: 1. That the City Council of the City of Shorewood, after due deliberation, hereby determines that the fee for the issuance of a Garbage Collector's License shall be as follows: 2. That such fee shall become effective on the date of this resolution and shall remain in effect until further resolution of the Council. this Adopted by the City Council of the City of Shorewood day of , 1986. Mayor ATTEST: City Clerk ~~'1~~''i\. lQ..'$ltlfJ ~"~~tl~.!f.*!!!~.-:rJ~.~.~~,,!,!\l,~'M~~.J:Jr'~II~,~l!\l.P,,lgU jJf.,'IJ,Jl!'r'II!'II,~ ~'~'f~~~~t,~~~,,'~_ll_j.t. H.G. MURFIN (602) 947-0419 6155 East Indian School Road, Suite 201 Scottsdale, ArIzona 85251 2/11/86 Mr. Robert P. Rascop Mayor, City of Shorewood Excelsior, Minn. 55331 Dear Bob: Since January 29th when I wrote to you with an offer to the City of Shorewood regarding its acquisi- tion of the strip of land behind the Country Club Service Station, it has ,become apparent that Shorewood, like most municipal bodies thruout the country, has been hur~ tinancially by the withdrawal of State and Federal funds, thereby causing a crisis in the day to day conduct of municipal business. If there is any appeal to the Council in an offer from me to delay payment of the $55,000.00 by splitting the Gount into three equal checks, payableiin 1986, 1987 and 1988, I would be willing to go along on some such basis in, order to alleviate the paid of on~ large payment. I would he agreeable to furnish the City with an easement for the water line upon receipt of the first payment. 1 aPvr~c:l'te your interest in the suggestion and will await,' Y~iJ;'ep.l]t. ~ CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, FEBRUARY 18, 1986 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. M I NUT E S CALL TO ORDER Acting-Chair Reese called the meeting to order at 7:38 P.M. ' ROLL CALL Present: Acting-Chair Reese; Commissioners Schultz, Benson, Watten; Planner Nielsen; Planning Assist. Helgesen. Absent: Commissioners Leslie (excused), Mason (out of town), and Spellman. APPROVAL OF MINUTES Schultz moved, seconded by Benson to approve the minutes of February 4, 1986 as written. Motion carried unanimously. 7:30 PM PUBLIC HEARING - SIMPLE SUBDIVISION/LOT WIDTH VARIANCE Alan Yelsey - 5485 Grant Lorenz Road Planner Nielsen explained how Mr. Yelsey has requested approval to subdivide his property located at 5485 Grant Lorenz Road into two lots. The property is zoned R-IA, Single-Family Residential, measures 200' x 433' and contains approximately 86,000 square feet in area. Since the R-IA district requires lots to be 120 feet wide, the applicant has requested a lot width variance to allow widths of 100 feet. The property is currently occupied by a single-family residence and two garage buildings. Dividing the lot into two will leave the two existing garage buildings on the northerly division, and the existing house on the southerly division. The Zoning Ordinance requires that there be a principal dwelling on the property in order to allow accessory structures, and this will no longer be the case within the northerly lot boundaries if the division is approved. Public portion of the hearing opened at 7:40 P.M. Comm. Schultz asked Mr. Yelsey what his plans are for the two garages. Mr. Yelsey said he is in the process of deciding whether or not to build a home on the new lot and thereby be able to maintain the older garage on that lot, and move the newer garage over to the southerly lot to accompany his existing home. Mr. Yelsey said he would like an extension of time, beyond the July 1, 1986 deadline as recommended in the Planner's Report, in order to decide what is most feasible for him. Marjorie Dean, 5520 Sylvan Lane requested clarification as to why the garages need to be removed. Planner Nielsen explained the ordinance requirement that accessory buildings cannot be located on a lot without a principal dwelling. Comm. Schultz asked Mr. Yelsey to point out the proposed access to his existing house. The applicant showed on the overhead projection how the existing driveway would cut across the new south lot and access the northerly lot. He said he would like to maintain this access design if or when he sells the south lot by means of an easement. Acting-Chair Reese acknowledged two letters which were received. One from Mrs. Steve Anderson of 5525 Grant Lorenz Rd., and the other from Mr. and Mrs. J.G. Meyers of 5475 Grant Lorenz Rd., both of which state no objection to the proposal. . Planning Commission Meeting Tuesday, February 18, 1986 page two Public portion of the hearing closed at 7:50 P.M. Alexander Dean, 5520 Sylvan Lane said he-wanted to state for the record that he and his wife also have no objection to the pr~posal as long as sound building standards are maintained, which he said Mr. Yelsey.has assured him would be. Benson moved, seconded by Watten, toreC()n1mend approval of the simple subdivision and lot width variance subject to the Planner's recommendations amended as follows: 1. Drainage and utility easements should be provided 10 feet along each side and rear lot line. 2. Prior to release of the Council resolution the applicant must pay a $500 park dedication fee for the newly created lot (credit is given for the lot with the existing house). 3. The applicant must provide 15 feet of road easement along Grant Lorenz Road. 4. The two garage buildings must be removed from the northerly parcel within one year of Council approval, unless a buildi~g permit is applied for within that time. 5. The applicant must submit a new survey and legal descriptions for the two new lots within 30 days of the Council's approval of the request. 6. The division should be recorded with the County within 30 days of his receipt of the Council resolution approving the division. Motion carried unanimously. INTERIM ZONING ORDINANCE - STUDY SESSION Lakeshore Setback Requirement - Lake Minnetonka Planner Nielsen reviewed his staff report for the Commission explaining that the new Zoning Ordinance increased the previous 50 foot setback on Lake Minnetonka to 75 feet. The purpose of the change was to maintain consistency with the setback requirement imposed by the Minnehaha Creek Watershed District, although their requirement was based on unsewered property. Once the Watershed District discovered that Shorewood is entirely sewered they reduced their requirement to 50 feet. A 50 foot setback is consistent with State guidelines. Comm. Schultz commented that the "sightline" of some Lake Minnetonka lakeshore property would be disturbed by a 50 foot setback. Comm. Watten asked for the reason of lakeshore setbacks. Planner Nielsen explained that primarily setbacks create a filter for run-off to the lake, and secondarily create the aesthetic character of lakeshore property. Acting-Chair Reese asked if this setback was particular to Lake Minnetonka. Planner Nielsen affirmed this explaining that different lakes have different classifications, e.g. Christmas Lake is classified as recreational development requiring a 75 foot setback, whereas Silver Lake is a natural environment class requiring a 150 foot setback. Lake Minnetonka is classified as general development. Planning Commission Meeting Tuesday, February 18, 1986 page three Reese moved, seconded by Watten to recommend approval of the 50 foot setback for Lake Minnetonka. Motion carried unanimously. Comm. Benson commented th~t he would like to s~e mor@ Commission members present when voting on Ordinanc:e issues, although he acknowledged that there is not enough time to wait for bettei turnout at the meetings. _ Proposed Zoning.;;...-Sfiady Island Planner Nielsen explained, as shown in his staff report, that prior to the public hearing on the new Zoning Ordinance the zoning classification of Sh~dy Island was shown as R-IC, Single-Family Residential with a 20,000 sq. ft. minimum lot size. This was based upon a lot size analysis of the area which showed that the median lot size for the island was 25,000 square feet (three lots were 25,000 square feet in area, 14 were smaller and 13 were larger). The analysis also showed that 20 out of the 30 lots on the island were less than 30,000 square feet. Despite these statistics, the zoning was changed to R-IB (30,000 sq. ft. minimum) based largely on a petition circulated and submitted to the City. Schultz moved, seconded by Reese to recommend to Council approval of rezoning Shady Island to R-IC, Single-Family ResidentiaL Motion carried unanimously. MATTERS FROM THE FLOOR None. REPORTS None. ADJOURNMENT It was decided that since there are no current agenda items for the next meeting, the meeting of March 4th is cancelled. The next meeting of the Planning Commission will be held Tuesday, March 18, 1986. Benson moved, seconded by Schultz to adjourn the meeting at 8:32 P.M. Motion carried unanimously. Respectfully submitted, Patricia Helgesen Planning Assistant