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051986 CC Reg AgP ~i . CITY OF SHOREWOOD REGULA~ COUNCIL MEETING MONDAY, MAY 19, 1986 COUN9IL C!1AMBERS 5755 COUNTRY CLUB ROAD 7:30 PM AGE N D A CALL TO ORDER A. Pledge of Allegiance B. Roll Call Gagne Mayor Rascop Haugen Shaw Stover ~. ,,\ -/' / \!J}/ // '\. ..// / l. MATTERS FROM THE FLOOR A. B. 2. PLANNING COMMISSION REPORT A. B. 3. PARK COMMISSION REPORT A. B. 7=-30 PM 4. PUBLIC HEARING-VARIANCE TO SUBDIVISION ORDINANCE-FINANCIAL SECURITY-100% VS 150%-NEAR.MOUNTAIN P.U.D. (Att#4 - Staff Report) 5. SHOREWOOD INVESTMENT REQUEST TO RETAIN SWIMMING POOL 55eO County Road 19 (Att #5 - Letter of Request) 6. ZONING ORDINANCE - FORMAL ADOPTION (Att #6 - Staff Report) 7. REQUEST TO INSTALL DOCK - BIRCH BLUFF ROAD AT EUREKA ROAD . IJ::.:,: l ,. \"i..J' "* " i ~ ~.,'~., :] -jI'.\1 ."". .,'~~, , ,.(,~.:~~~. . 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 MEMORANDUM TO: MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN/GLENN FROBERG/DAN VOGT DATE: 15 MAY 1986 RE: NEAR MOUNTAIN P.U.D. - VARIANCE TO SUBDIVISION ORDINANCE FILE NO.: 405 (85.37) At your meeting on 28 April, the City Attorney explained a new concept (for Shorewood) for providing financial security for developments. At the recommendation of the staff, the Council approved the use of an "Agreement Providing Alternative Security for Subdivision Improvements (Security Agreement)" instead of a subdivision bond or letter of credit, which have normally been used in the past. There has been some confusion relative to the amount of the Security Agree- ment. Based upon the previous Near Mountain development agreement, the developer assumed that the amount of security would be 100 percent of the City Engineer's estimate of the construction costs for the project. lThe Subdivision Ordinance, however, requires 150% security for privately fi- nanced projects. Since the Security Agreement involves an ~tual construc- tion loan from a financial institution, the 150% requirement poses a prob- lem for the developer. This situation can be likened to a private indi- vidual trying to get a car loan for 1.5 times the value of a car. Cons~- quently, the developer has a requested a variance, a public hearing for which has been scheduled for Monday night's meeting. As with the Security Agreement itself, the staff is comfortable in recom- mending approval of the variance for several reasons. A. Perhaps foremost is the control provided to the City through the agreement. The City Engineer is responsible for disbursement of payments for work done on the project. Only in publicly financed projects does this normally occur. The advantage of this is that there should never be a case where more money has been released than the amount of work completed. As a matter of fact, payments would typically be made 30 days after completion of work. A Residential Community on Lake Minnetonka's South Shore i . . . Re: Near Mountain P.U.D. 15 May 1986 B. The Security Agreement requires that the developer secure a construc- tion loan prior to commencement of work. This resolves an issue which has been discussed several times - proof of the developer's financial capability to complete the project. Since the financial institution makes an actual loan, it is presumed that they have assurance that the loan will be paid back. This takes the burden of proof off of the City. Quite frankly, financial institutions are better qualified and more experienced at determining financial capability than the City. C. The current Subdivision Ordinance is twelve years old, and in need of updating. The Ordinance did not anticipate new forms of finan- cial security, planned unit development or development agreements. It should be realized that there were reasons for requiring 150% security. Most significantly, the Ordinance allows a three year time period for construction of improvements. In that amount of time, project costs could increase, making 100% security inadequate at the time the work actually gets done. Since occupancy permits are tied to completion of site improvements in our recent develop- ment agreements, the time limit for installation of improvements is shortened considerably, typically less than one year. Our standard development agreements also provide for an ultimate failsafe. If the project goes awry, the work can be completed by the City and assessed against the project. Financial security is an issue which will be discussed when the City reviews a new Subdivision Ordinance in coming months. In our research so far, it was found that the amount of security required varies in other communities. In Plymouth and Chanhassen, where Lundgren Brothers Construction has used security agreements in the past, they accept 100% security. Other communities which require 150% seem to do so to discourage subdivision bonds as a means of security. D. Lundgren Brothers has established a track record both in develop- ment and in the use of security agreements. This has been verified in both Plymouth and Chanhassen, to name two communities having ex- perience with their projects. While this may not be enough, in itself, to create an exception to the rule, combined with the other factors contained herein, it is worth consideration. The staff shares the Council's concern relative to precedence being set for the future. However, if a developer is able to secure a 100% construc- tion loan, is willing to allow the City to control disbursement of payments, enters into a development agreement with the City and has references with other metropolitan communities, the risk to the City is considered to be minimized as much as possible. If there are any questions relative to this matter, please do not hesitate to contact any of the staff prior to the meeting. BJN/nkb Mike Pflaum Peter Pflaum - 2 - . . Shorewood Investments, Inc. 14633 Beacon Circle Minnetonka, Mn. 55345 May 1, 1986 Mr. Bradley J. Nielsen City Planner/Building Official 5755 Country Club Rd. Shorewood, Mn. 55331 Re: 5580 Manitou Rd. - Letter ordering demolition of building and pool dated April 28, 1986. Dear Mr. Nielsen, As you are aware, a fire on December 9, 1985 destroyed the building at the above referenced address. I have received your letter dated April 28, 1986 ordering that said building and swimming pool be demolished and filled to grade. Before the board of appeals of the City of Shorewood the appeal of Shorewood Investments, Inc., Gary M. Lindgren, Pres. and Angie L. Koenig, Sec., owners of said property, is as follows: We are in agreement that the building be demolished and filled to grade. We ask that the pool not be in your order of April 28, 1986 pending an application for rezoning of the property to R-3A. We have submitted scale drawings of proposed buildings II in a timely manner to the planner. We feel the amenity of a swimming pool would enhance the future building on the property and since there is little or no damage to the pool, it would be senseless to destroy such a lovely setting. We agree to fence in,maintain and secure the area around the pool until such time a new building can be built. Respectfully Yours, i F ,.'__' I I , ,I, ,,-;~,./,,;J-,\.j.,v. / ,- ~ r-". '" ,.,' - - I ( "Gary. M. Lindgren, Pres. , " . A '-jj. , / ',,1,","" -<' ->'-t. J <;:q ',i"-' . L- ,." ~"").(.A... . - ." U I r'.: j'-'- Angie L. Koenig, Sec. Mail To:Shorewood Investments, Inc. 14633 Beacon Cirle Minnetonka, Mn~ 55345 5 . . . Shorewood Investments, Inc. 14633 Beacon Circle Minnetonka, Mn, 55345 May 15, 1986 City of Shorewood 5755 Country Club Rd. Shorewood, Mn. 55331 Re: Demolition of building located at 5580 Manitou Rd. Dear Mr. Neilson, We have been trying to hire a contractor to demolish the above mentioned property as soon as possible. Everyone we have talked to seems to be very busy at the present time. I presume because of the rain most all contractors are a little behind schedule right now. We will have it taken care of in a very short time. Thank you. Sincerely, (, (\, ' "If I ~. 1./ .' \, .' \ ), 'II\..-::\.., \ l~-,k,+~ --....... ! ~N\;r~"';ood ( nve~ tments, Inc. ~ary M. Lindgren, Pres. , . . CITY OF SHOREWOOD MA VOR 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: MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 15 MAY 1986 RE: ZONING ORDINANCE - FORMAL ADOPTION FILE NO.: 405 (Zoning) At their meeting on 6 May 1986, the Shorewood Planning Commission recom- mended that the City Council formally adopt the Shorewood Zoning Ordinance (No. 168) subject to the revisions contained in the attached memorandums. Attachment A - Minor Changes - Ordinance No. 168, dated 10 April 1986 Attachment B - Zoning Ordinance - Summary of Changes, dated 4 May 1986 Attachment C - Fire Lane Regulations, dated 5 May 1986 The Commission recommended that the revisions contained in Attachment A I be adopted as presented. In Attachment B they recommended the following changes: Page 2, item no. 4, paragraph 4 should read: "(1) No cellar, basement, garage, tent or accessory building shall at anytime be used as an independent residence or dwelling unit, temporarily or permanently. In residential districts recreational vehicles or equipment may be used as temporary living quarters for no more than fourteen (14) days in any calendar year on property where an occupied residence exists. There shall be no open dis- charge of sanitary waste from said vehicle or equipment." Page 3, item no. 7 - the Planning Commission recommended that Section 200.03 Subd. 2 be left as. it is currently written, leaving "enclosed boat and marine sales" as a permitted use in the C-4 district. P~ge 3, item no. 8 - the Commission recommended that the LMCD rules be incorporated into Section 200.03 Subd. 14 g. The Commission recommended adoption of Attachment C as presented. A Residential Community on Lake Minnetonka's South Shore (? MEMORANDUM e) e) 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 TO: PLANNING COMMISSION FROM: BRAD NIELSEN DATE: 10 APRIL 1986 RE: MINOR CHANGES - ORDINANCE NO. 168 FILE NO.: ZONING ORDINANCE In working with the new Zoning Ordinance for the past year, a number of mistakes have been discovered throughout the ordinance. While typographical errors will be corrected in the final printing of the ordinance, the following items should be addressed: Page 1-11. "or private street." should be added to the definition of Lot Line - Front. J J Page 1-12. definition of Marina should read "An area of concentrated watercraft mooring Oil. docki.ng. where accessory facilities..." definition of Motor Fuel Station should read "A place where /..uel. is stored only in underground tanks, ... for operation of motoll. vehi.cJ.e~, are retailed directly to the public... and services for motoll. vehi.cJ.e~ but not including major repairs..." Page 1-23. h. should be changed to read "...discontinued for a period of thll.ee (J) months, ... k. - the word "producing" should be deleted after "single-family". Page 1-35. paragraph (6) should be changed to read "The minimum rear yard setback for swimming pools shall be sixty (60) percent of that which is required for the zoning district in which the pool is located. Rear yard setbacks for lakeshore lots shall be as provided in Section 200.26 of this Ordinance. ^tt",h~t ^ A Residential Community on Lake Minnetonka's South Shore . . . . . . Re: Ordinance No. 168 10 April 1986 Page 1-41. paragraph (k) should be changed to read "Surfacing. ~ing)e-fami~y ~e~iden~a), all areas intended to be parking space..." except fo~ utilized for Page I-52. Subd. 8a. should be changed to read "... as regulated by Section 200.04 of this Ordinance. Depo~i~n9 of 100 cubic y~d~ o~ mo~e of fi~~ .on any ~ot o~ p~ce~jha)) be con~ide~ed ~and ~edama~on. Land reclamation shall not be..." Page I-58. A new provision should be added after paragraph (7) as follows*: "(8) In determining the allowable area of a two-sided sign, where the sides are parallel to one another and facing opposite directions, the stipulated maximum area shall only pertain to one of the sides." *(Note: subsequent numbers will be advanced) Page I-59. paragraph e.(l) should read "R-1A" through "'R._J/JI Residential Districts:" Page 1-68. Subd. 14a. should be changed to read "No ~tl/.UctWl.e of any kind except dock~ ~ha)~ be bui~t within the ~eClsui~ed ~akMho~e ~etback~ contained in Section 200.26 Subd. 5 of thi~ O~dinance." Page 11-12. A new section should be added reading "SECTION 200.09 EFFECTIVE DATE Subd. 1 This Ordinance shall be in full force and effect from and after its passage and publication according to law. Subd. 2 Adopted by the City Council of the City of Shorewood, Hennepin County, Minnesota this day of , 1986. Robert Rascop, Mayor " Daniel Vogt, City Administrator BJN:ph - 2 - ~. . . . MAYOR Robert Rascop COUNCI L Jan Haugen Tad Shaw Kristi Stover Robert Gagne ADMINISTRA TOR Doug Uhrhammer 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: 4 MAY 1986 RE: ZONING ORDINANCE - SUMMARY OF CHANGES FILE NO.: 405 (Zoning Ordinance) Our current Zoning Ordinance was adopted in July of last year on an interim basis pending further study of a number of provisions in the Ordinance. Since the deadline for formal adoption of the Ordinance is fast approaching, a public hearing has been scheduled for 6 May 1986 to discuss the findings of the Planning Commission's study and any resulting changes to the Ordi- nance. Following is a summary of changes which have been recommended to date. 1. Zoning Map. There were initially two areas in which the zoning class- ification was in question 1) Shady Island; and 2) Academy Avenue. A third area, Burch Bluff Road, was added subsequent to a recent variance I I request. After receiving two different petitions from residents of Shady Island, the Planning Commission recommended that the classi- fication of the island should be changed from R-1B to R-1C. Subse- quent to a variance request by Larry Samuelson and receipt of a request by James Robins, the Commission recommended that the R-1D district be extended westerly along Academy Avenue and Park Street, making Glencoe Road the western boundary of the zoning district in that area (see Ex- hibit A, attached). Finally, after reviewing a variance and C.U.P. request by Leo Meloche and Tom Bauman, the Planning Commission recom- mended that lots abutting Birch Bluff Road between the Shorewood/ Tonka Bay border and Grant Lorenz Road should be zoned R-1C rather than R-1A (see Exhibit B, attached). 2. Lakeshore Setback. It has been recommended that the lakeshore set- back for GD, General Development lakes (Lake Minnetonka, Lake William, Galpin Lake) ue changed back to 50 feet from 7S feet. This change will take place in Section 200.26 Subd. 5a.(3). 3. Institutional Signs. Despite a request by Our Saviour'.s Lutheran Church for more and larger signs, the Commission recommended leaving the requirements for institutional signs as they are currently written. A1t~'"~t 6 A Residential Community on Lake Minnetonka's South Shore ,I .. .. Re: Zoning Ordinance - Changes 4 May 1986 4. Storage of Recreational Vehicles and Equipment. After considerable discussion it was recommended that the current provisions be relaxed, allowing recreational vehicles and equipment to be stored in front yards as long as they were located in an approved driveway and no closer than 15 feet from the edge of the paved surface of the street. The revision will be added to Section 200.03 Subd. 3c. (allowable encroachments) as follows: " (7) J n ll.e-1i.. den.ti rU. di.. -1.tI1.i.. ct-1 one (1) ll.eCAeat.i. onaJ. velli.. cJ. e 011. pi.. ece 01. eq0.pnen..t may be -1.tOll.ed i..n ll.eq0.ll.ed /.fl.on.t Yall.M pll.ovi..ded .that. i...t i..-1 J.ocat.ed wi...thi..n an appll.oved dIl.i.. veway, i...t dOe-1 no.t .take up ll.eq0.ll.ed paIl.ki..nr; -1pace M pll.ovi..ded i..n Subd. 5~. 01. .thi..-1 Secti..on, i...t i..-1 CUIl.Il.en.tJ.y J.i..CeMed and opell.abJ.e, and i...t i..-1 1.0- cat.ed no cJ.O-1e1l. .than /.i..t.teen. f15} teet. /.fl.om .the paved -1U1l.tace 01. .the -1.t1l.ee.t. Thi..-1 pll.ovi..-1i..on -1haJ.J. onl.y appJ.y when..thell.e i..-1 no pll.acti..caJ. way .to -1.toll.e .thevelli..cJ.e 011. equi::pnen..t wi...thi..n .the b0.J.d- abJ.e all.ea 01. .the J.o.t. /I Relative to use of recreational vehicles or equipment as temporary living quarters, the following revision is proposed to Section 200.03 Subd. 2b(1): "(1) No cellar, basement, garage, tent or accessory building shall at any time be used as an independent residence or dwelling unit, temporarily or permanently. ~eCAeat.i.onaJ. vehi..cJ.e-1 011. equi..pnen..t may be U-ded M .tempoll.aIl.Y J.i.. vi..n5} qUall..tell.-1 tOll. no mOll.e .than tOUll.- .teen. (14) daY-1 .in any caJ. en.dall. yeall.. /I 5. Pole Barns in Residential Districts. Based upon a recent judgment call involving a pole barn on Strawberry Lane, it is recommended that the wording of Section 200.03 Subd. 7b be made more specific as follows: " and a design compatible with the general character of the prin- cipal structure on the lot. No b0.J.di..nr; i..n exCe-1-1 01. one hundll.ed .twen..ty (120) -1quall.e teet. i..n tJ.OOIl. all.ea -1haJ.J. be cOM.tIl.ucted 01. -1hee.t 011. COll.ll.uf}-a-ied -1.teeJ., aJ.umi..num, Mbe-1.to-1 011. /.i..bell.fI-l.M-1 wi...thi..n a ll.e-1i..den..ti..aJ. di..-1.tMct. Excep.t tOll. appll.oved wood tOundat.i.oM no b0.J.di..nr; -1haJ.J. be con- -1.t1l.ucted whell.e wood pol. e-1 all.e .the pll.i..mall.!J -1Uppoll..t tOll. .the 11.001. -1!J-1.tem and to/l./Tl .the toundat.i.on -1.t1l.uctUll.e." This wording is consistent with the provisions for commercial dis- tricts in Subd. 7c. 6. Fire Lanes. (See attached separate memo.) - 2 - . . "-,j. Jl . ~ .. .. .- Re: Zoning Ordinance - Changes 4 May 1986 7. C-4 District - Permitted Uses. Two residents objected to the current list of permitted uses in the C-4 District which includes "enclosed boat and marine sales". The concern raised was that boat and marine sales would eventually lead to docking facilities which would in- crease boat traffic on Gideon's Bay, which is already overcrowded. From a zoning perspective the list of permitted uses in the C-4 District is already quite limited. However, since the district is relatively new and no property has received such a classification as yet, debating the issue is not worth delaying formal adoption of the Zoning Ordinance. If the Planning Commission shares the same fear that the two residents have, it should be recommended that "enclosed boat and marine sales" should be deleted from Section 200.03 Subd. 2. 8. Dock Regulations. At the last study session the Planning Commission reviewed three proposed revisions to the existing dock regulations submitted by Mike Pierro. No action was taken pending review of the new LMCD rules which limit the number of slips per property to two. The LMCD rules are attached as Exhibit C. If the LMCD rules are con- sidered acceptable, they could be adopted either verbatim or by refer- ence in Section 200.03. Subd. 14g. 9. Planned Unit Development. There are two approaches to Planned Unit Development which are desireable from a planning perspective, but which are not provided for in our current ordinance. These are commercial p.u.d. and p.u.d. by conditional use permit for cluster housing. ~hile these concepts deserve study, there is not enough time to review them _ I prior to the deadline for adopting the Zoning Ordinance. Consequently, it is suggested that this item be set aside for future study and handled as an amendment at some later date. BJN/nkb cc: Dan Vogt Glenn Froberg Jim Norton - 3 - ~ C/~"\) :EPT. 1982 ITS INC. ~ (GIDEG*lS BAY) R. ~ -'D ,./- -( .// 4 LAI( " I I ..... ~ i ,~ \ ~~ ~',b.,t ^ Cl.., Ii ~\~']J3G n - - d) Additional Watercraft: Owned b ~atercraft may be ke~t l.n paragraphs b) or c) owned by and registered Watercraft Allowance for Residents. Three or four at docks or moorin s ~escribed above if all watercraft are to the residents of the site. Section 2. LMCD Code Section 3.02, Subdivision 10 is amended by deleting the following: SHbd.-~~.--~-~e~~eft-~~~-~e~~T-~,_~_~e6se ~e~-~fte-s~e~age-ef-be6~s-er-wa~ereraf~-a"Y_S~Bee_Wi~ftift dee~-ti~e-~~~~~~~~~~_dee~~T_~re~~6_ e6T-fteWe~er7-~ft6~-SHeft-S~aee-m6y-ee-~e"~ed_e~_~e6sed_a~ dee~s-e~-~~~~~~~~~~~~~~~-ef_be~~e_e~ wa~ereraf~-eWfted-by-resi6eft~S-ef-~fte_a~a~~meft~s. Section 3. This enactment shall be reevaluated and reaffirmed or shall terminate two years from its effective date. This enactment is in effect from and after its passage and publication in accordance with the enabling act of the District. It is enacted by a majority vote of all the members of the Board and has the effect of an ordinance. Adopted by the Lake Minnetonka Conservation District Board of Directors this :l~~ day of ~ ' 19 F" . /f?~.L 4~ Chairman ATTEST: ~~ Frank Mixa, "'- Dated of publication: ~3..ri> C-;L - .. - --.- - ORDINANCE NO. 80 AN ORDINANCE RELATING TO THE NUMBER OF WATERCRAFT WHICH ~~Y BE KEPT AT ANY DOCK OR MOORING FACILITY; AMENDING LHCD CODE SECTION 3.02, SUBD. 9 a) The Board of Directors of the Lake Minnetonka Conservation District ordains that the LMCD Code of Ordinances Section 3.02, Subdivision 9 a) is amended as follows: Subd. 9. Shoreline Requirements. a) General Rule. No new docks or mooring areas shall be constructed or established which provide space for or are used for mooring or docking a greater number of watercraft than one for each 50 feet of continuous shoreline in existence on May 3, 1978 unless authorized to do so by special density permit pursuant to Section 3.081. For sites with continuous shoreline greater than 100 feet when measurements determining the number of watercraft allowed result in the provision of a fractional watercraft, any fraction up to and including one-half (~) shall be disregarded, and fractions over one-half (~) shall be counted as one additional watercraft. This enactment is in effect from and after its passage and publication in accordance with the enabling act of the District. It is enacted by a majority vote of all the members of the Board and has the effect of an ordinance. Adopted by the LMCD Board of Directors this ~ ~ day of ~ 1986. ATTEST: :f?~Ch~A"~ -' - ~ Jr'-/I./-,{, c., - :;, /A " . ') . ) 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 CO~mISSION FROM: BRAD NIELSEN DATE: 5 MAY 1986 RE: FIRE LANE REGULATIONS FILE NO.: 405 (ZONING ORDINANCE) Attached is a revised draft of the proposed regulations pertaining to use of fire lanes in Shorewood. The revisions are based on comments and suggest- ions made by the Planning Commission at the meeting held on 16 July, 1985. At that time it was suggested that surveys be prepared for the Enchanted Point and Timber Lane locations. The Council decided not to have the surveys made, however, due to the high'cost estimates they received. I -! Since then, a survey has been obtained from the Schafer dock variance request which includes the Timber Lane fire lane. From that survey it has been deter- mined that the fire lane there (formerly called Linden Avenue) is entirely under water. As a consequence the Timber Lane location has been removed from the list. While it is realized that the decision relative to fire lanes is not an easy one, it is felt that the proposed regulations provide a reasonable compromise between the interests of those residents who wish to use the fire lanes and those who may be affected by such use. To do nothing is not considered a viable option is this case. That has been tried and has not worked. If the Planning Commission is not comfortable with the current draft of the fire lane regulations, it is recommended that it be set aside for further study. The remainder of the ordinance should be referred to the City Council for formal adoption. cc: Mayor and City Council Dan Vogt Glenn Froberg Jim Norton BJN:san J\ff4GhMLnt V A Residential Community on Lake Minnetonka's South Shore " .. -DRAFT- .. Subd. 19 Fire Lanes. 5/5/86 a. Purpose. This subdivision is established to identify, classify and regulate the use of fire lanes in the City of Shorewood. It is intended that fire lanes within the community be main- tained for neighborhood use and not as regional recreational facilities. b. Use Classifications. Giving due consideration to site charac- teristics and historic use, fire lanes in Shorewood shall be restricted to one of the following use classifications: (1) Class I may be used for pedestrian access to the lake, fishing from shore, launching canoes and other small boats not requiring a trailer, and cross-country skiing. (2) Class II may be used for all of the activities as, desig- nated in Class I except fishing, as well as snowmobile access during the winter, parking and swimming. (3) Class III may be used only for pedestrian access to the lake, fishing, launching canoes and other small boats not requiring a trailer. In addition, a single dock may be installed subject to the following: (a) The person or group of persons installing the dock must be Shorewood residents and shall apply for an annual building permit prior to installation of the dock. (b) The total length of the dock shall not exceed twentv- five (25) feet. (c) The dock shall be installed and maintained in a safe and workmanlike manner. (d) The use of the dock shall be for the general public and shall not be limited to use by those who install it. (e) Docking of boats shall be limited to daytime hours between sunrise and sunset only. (f) Docks must comply with the rUfes and regulations of the Lake Minnetonka Conservation District. (g) The person or persons installing the dock are res- ponsible for providing insurance coverage on the dock. Said insurance coverage must be approved by the City Council prior to installation of the dock each year. .. .. c. Designation of Fire Lanes. The following fire lanes shall be indentified onthe official Zoning Map and shall be classified as follows: (1) Class I: l-Enchanted Island, 2-Shady Island, 3-Grant-Lorenz, 4-Third Street, 7-Ferncroft, 8-Ivy Lane, 9-Rustic Way South, la-Rustic Way North (2) Class II: 6-Crescent Beach (3) Class Ill: 5-Eureka d. General Regulations. (1) Fire lanes shall be used only for the activities provided for in b. above. No sporting activities shall be allowed which involve thrown objects such as catch, softball, base- ball, frisbee, volleyball or football. (2) Fire lanes shall be subject to the rules and regulations contained in Shorewood Ordinance no. 140, as may be amended, pertaining to the use of City parks, including, but not limited to use of intoxicating beverages. (3) Maintenance of fire lanes shall be the sole responsibility of the City of Shorewood. No one shall maintain or make improvements, except as modified herein, without the approval of the City Administrator or his agent. (4) Except in Class II fire lanes, there shall be no parking of automobiles, boat trailers, or snowmobiles on or adjacent to any of the fire lanes identified herein. (5) Except for authorized or emergency vehicles, motorized vehicles are prohibited on any fire lane. 5/5/86 . . Leo C. and Marcia J. Meloche 6525 Scandia Road Edina, MN 55435 May 14, 1986 Mayor Robert Rascop Shorewood City Council Members City of Shorewood 5755 Country Club Road Shorewood, MN 55331 c/o Bradley Nielson, City Planner Dear Council Members; My wife and I would like to express our support, and recommend and encourage that you approve a change in zoning, of the area bordering Birch Bluff Road, from RLA to R1C,yto allow a 50 foot setback from the lake, and a 10 foot side yard. The small lot sizes in the area create a hardship for individuals planning to improve existing properties, or new construction. We would like to be able to' consider new construction at 26120 Birch Bluff Road. 4YO~ W =e~. ~ Marcia J. Meloche Art ~nMLt\t E . . ~"" ORDINANCE NO. /~7 AN ORDINANCE AMENDING ORDINANCE NO. 53, AN ORDINANCE REGULATING THE USE OF VEHICLES AND OF HIGHWAYS WITHIN THE CITY OF SHOREWOOD INCORPORATING PROVISIONS OF THE STATE HIGHWAY TRAFFIC REGULATION ACT BY REFERENCE AND IMPOSING A PENALTY FOR VIOLATION THEREOF. The Ci~ Council of the City of Shorewood ordains: Section 1: 6B, Fishing That Ordinance No. 53 be amended by adding Sectidn on Bridges. .Section 6B. . Use of Bridges. No person shall use any part of or be or 'Ji-t-ard on any public or private street or highW~, ) bridge or railroad bridge for the purpose 01 fishing, diving, jumping, and swimming therefrom." Section 2: This Ordinance shall be effective from and after its passage and publication. Adopted by the City Council of the City of Shorewood this 8th day of, August, 1983. \ Robert Rascop, Mayor ATTEST: City Clerk r . . RESOLUTION NO. RESOLUTION TO APPROVE THE ACQUISITION OF CERTAIN REAL PROPERTY WITHIN THE CITY OF SHOREWOOD WHEREAS, the following described real property located within the City of Shorewood adjacent to property presently owned by the City has been offered for sale to the City: Lot 11, Block 2, Echo Hills 2nd Addition; and WHEREAS, said offer involves a contract for deed under which contract the seller's remedy as to the City is confined to the recovery of the property in case of non-payment of all or part of the purchase price, which shall be payable over a period not to exceed five (5) years; and WHEREAS, the contract price of the property to be purchased by contract for deed does not exceed one (1%) percent of the assessed valuation of the City; and WHEREAS, in the judgment of the City Council the proposed acquisition of said real property has no relationship to the Shorewood comprehensive municipal plan; and WHEREAS, the City Council has determined that it is in the public interest that said real property be acquired by the City for governmental purposes. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. That the above-described real property be acquired by the City of Shorewood for governmental purposes. 2. That the City enter into an agreement for the purchase of said real property pursuant to the terms and conditions of the purchase agreement attached hereto and made a part hereof. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this day of , 1986. Mayor ATTEST: /~ tfmi /'1 /'/8'6 !JJL d€ tLlt&i4Cfltd tlfIMd db ~tLJHzt M &W1Uif ;lauUL~ t:b Md (4th a.~ #~{:J-,() :t IJ t~ r;!k1/ ~t' ~dt/{~~ill tfP~ u;l-iiltt M /1i!dd/ t24) Jt/(/tudiJ-1U ~ Yu ~ t2iIt t~ k (2&!~/ld~ If. iuAJ aa:o .tU. "'lcX5,M{) "5,\ ptarMd{ll ~ tJf 5715' ~~ (!kJ- WJl. . ' /lJt ~ Ad (JtP J/A., . WJlJM ~~td ~ ~ f1W ;fc::~m~H/~!d~ d{tAlJ~4() ,'-57(5 M;j-l6tttf ~~ .rk. '~~'K CO./&tt!l.. ~)8!5 cfdu) ;!?ttd- =Vz _~J rU, ~ J2i''';Wdi''- ~~.\2,~'f:.-. 52J.S" (1~1 ~\:J Q& S\~( 11:.. 't.r S'ff 2.)' ~ CL.lr IU ~ 'fN-1~1' ~/ _577 S-- E~fL-, !f-d. 01~' ~~ ,_5'11/-0 ~~ J"\-!-- 'l~p h~,,<..--d :77'?'" e~ /2'>-. ~~ '()UUd -,4 In u _ /) _. /! ~ j () /! P t ~_&-- ;'U}} jt- ~/U ,j".f'!!,- LiX.v>-kL ~b- /Cba.z. R ~ ???~ [ffi:>>;tL" L".,.- e a A,;1" P/ ..A. " ~ / . ,-:1 ' '. '" /;! -:; cf cA.&' /C-"z. .->d)'Vi" <-t:/t.u-~ ,pt,yU/ CAt4/!A~a_/ '~.5 B-c-/C-/ ~/'. ~"i..~.~ Because all four cities wish to maintain the current excellent police department, and because oity oouncils by their very nature are responsible for the best interest of their cities j and because the best interest of one ci ty m~ or m~ not be perceived to be in the best interest of another city; I am proposing a new <:.approach to accomplish the continuation of the South Lake Minnetonka Public Safety '"Department. I propose that we establish a "Police District." This distriot would have boundaries that coincide with the boundaries of Excelsior, Greenwood, Shorewood and Tonka Bay. An elected board of citizens from the district would govern the police department. This board would have the right to levy taxes on the district to provide for the department. Each citizen in the district would have the protection of the police department - the assurance of it's continuation - and would be taxed directly for this service (instead of paying taxes to the city, who in turn pays their contribution to the department) . The board would hire the Chief of Police. The Chief would continue to run the department in the same manner as he does now. The board would assume those responsibilities of the current police committee. A community-wide service would be governed on a community-wide basis. The board would be directly responsible to the citizens for the department. The members of the board would be involved solely in the direction of the department and the services it provides to all the citizens throughout the district. Since this district would have no internal boundaries there would be no "competition" regarding services and expenses. Each board decision would affect all citizens equally. I recognize that the creation of a district is the responsibility of the state legislature and that we would need to be united in our desire for such a district in order to request enabling legislation. So I am asking each council and the citizens for their support. PROPOSAL I Establish a "Police District" - The district would include the cities of Excelsior, Greenwood, Shorewood and Tonka Bay. - The district would be governed by a board of citizens .elect.ed at large from the district. - - - The Board would have the responsibility to set the budget and hire a chief. - The Board would be the "ci tizen~'oontrol" and the chief would oontinue to run the department. - The district would collect all revenues to the police department and make all necessary expenditures of the department. - Each and every citizen in the district would have equal police protection, have equal responsi bili ty for the department, and be equally affected by any board decision.