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061085 CC Reg AgP ~ CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, JUNE 10, 1985 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 Rascop Haugen Shaw Stover Gagne 1. APPROVAL OF MINUTES A. Special Meeting - May 20, 1985 [Attachment # la. B. Board of Review - May 23, 1985 [Attachment # lb. C. Regular Council Meeting ~~~ [Attachment # lc. 2. MATTERS FROM THE FLOOR A. B. 3. PLANNING COMMISION REPORT A. B. 4. PARK COMMISSION REPORT A. B. ].:45 5. PUBLIC HEARING - SETBACK VARIANCE REQUEST Applicant: Location: Kenneth Koester 24825 Amlee Road [Attachment #5a [Attachment #5b ,~~J ~.~~ - Staff Report - Planning Commission Minutes] - " ... ., COUNCIL AGENDA - 2 - June 10, 1985 8:00 6. PUBLIC HEARING .,.. VARIANCE. REQUEST TO EXPAND NON CONFORMING STRUCTURE Applicant: Roger Zaun Location: 5815 Ridge Road [Attachment #6a. - Staff Report] [Attachment #6b. - Planning Commission Minutes] 8:15 7 . PUBLIC HEARING - VARIANCE REQUEST TO EXPAND NON-CONFORMING STRUCTURE Applicant: Marvin Boote Location: 24340 Yellowstone Trail [Attachment #7a.- Staff report] [Attachment #7b.- Planning Commission Minutes] 8:45 8. PUBLIC HEARING - VARIANCE REQUEST TO EXPAND NON-CONFORMING STRUCTURE Applicant: Location: Scott Tompkins 20940 Ivy Lane [Attachment [Attachment #8a.- Staff Report] #8b.- Planning Commission Minutes] ,,-) 9. SIMPLE SUBDIVISION REQUEST Applicant: Peter Holmberg Location: 5955 Cajed Lane [Attachment #9a.- Staff Report] 10. SIGN PERMIT REQUEST Applicant: I.C.O. - Tom Wilharm Location: 5680 County Road 19 [Attachment #10.- Staff Report 11. FINAL PLAT WESTLAWN II Applicant: George Larson Location: 26405 Smithtown Road [Attachment #lla.~ Staff Report] ,pv ~ oft ~ .~ ~~ 12. SIMPLE SUBDIVISION Applicant: James Heiland Location: 25605 Smithtown Road [Attachment #12a.- Planner's Memo ~ ,; ... COUNCIL AGENDA - 3 - June 10, 1985 13. KENNEL REQUEST Applicant: Location: Jane Kline 5990 Strawberry Lane [#13a. Application] [#13b. Ordinance #81] 14. WATER REQUEST FROMMINNETONKA Applicant: Peter Pflaum Location: Near Mountain Project [#14a. - Letter] 15. PLANNER'SREPORT A. Covington Vine Ridge Request for Extension of P.U.D. [#15a. - Letter] B. Shorewood Oaks Extension of Preliminary Plat Approval [#15b. - Letter - Geoff Martin] Interim Ordinance Summary [#15c. - Staff Report] / D. 16. ATTORNEY'S REPORT A. Discussion of Shorewood Yacht Club Facts of Finding B. Final Draft of Water Franchise Ordinance [#16b. - Draft] C. 17. ENGINEER'SREPORT A. Cathcart Area Street/Storm Sewer Project [ #17 a. ] B. Waterford Change Order #3 [#17b] C. Seal- Coating Cost Estimate [#l7c] ,." ~ , COUNCIL AGENDA - 4 - June 10, 19B5 lB. ADMINISTRATIVE REPORTS A. Phoenix Gardens - Wine License/Sunday Sale and 3.2 Malt On-sale License B. Refuse Collection Discussion [Attachment #lBo. - Staff report] C. Minnetonka Council Meeting - Trivesco Water Franchise Agreement [Attachment #lBc.] D. Budget Amendment - Public Works [Attachment #lBd - Memo] 'I/""' , ,- L--I. ~-I:h v.. J 01 Ie. Ifl ~ KI~j (J 19. MAYOR'S REPORT A. B. 20. COUNCIL REPORT A. B. 21. ADJOURNMENT & APPROVAL OF CLAIMS ;:-. ~, " .....~ ~ ..,~~~ . ,',' · i".r~,~; ,....,11(.;...,.. ;"''J'''. ' t. ...t;.."F~~"~ ;\:.' .....' .ol. _. CITY OF SHOREWOOD SPECIAL COUNCIL MEETING MONDAY, MAY 20, 1985 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 6:30 P.M. M I NUT E S CALL TO ORDER A special 'meeting of the Shorewood City Council was called to order by Mayor Rascop at 6:30 P.M. for the purpose of reviewing the Silver Ridge P.U.D. Final Plans, on Monday, May 20, 1985. ROLL CALL Present: Mayor Rascop, Councilmembers Stover, Gagne, and Haugen (Shaw - absent) Staff: Attorney Froberg, Planner Nielsen, Administrator Vogt, and Clerk Kennelly. SILVER RIDGE DEVELOPMENT AGREEMENT RESOLUTION NO. 33 - 85 Planner Nielsen submitted the final Development Agreement for Silver Ridge. Haugen moved, seconded by Gagne, to accept the Development Agreement for Silver Ridge as submitted. Motion carried by roll call vote - 4 Ayes. FINAL PLAT APPROVAL RESOLUTION NO. 34 - 85 The Resolution for approval of the final plat was reviewed. Nielsen felt a statement referring to the projects water supply should be added. A new item #4 will read - #4. If water is to be provided by other than individual wells, it shall be installed in accordance with plans and specifications approved by the City Engineer.1I The following items will be renumbered. Froberg also reworded item #2 by adding IImemorandum" - or Development Agreement can be attached. Gagne moved, seconded by Stover, to approve the final plat by the Resolution as amended. .H.esolution adopted by roll call vote - 4 Ayes. ORDINANCE AMENDMENT TO ORDINANCE #77 REZONE TO P.U.D. - SILVER RIDGE Haugen moved, seconded by Gagne, to waive the 2nd reading and adopt the Ordinance amending Ordinance #77 to rezone property identified as "SILVER RIDGE" to P.U.D. Ordinance was adopted by roll call vote 4 Ayes. ORDINANCE NO. 166 /~ . . . SPECIAL COUNTIL MEETING - 2 - MAY 20, 1985 POLICE MEETING Mayor Rascop notified the Council of the Police Meeting to be held May 29, 1985, to discuss police salary and the new location of the proposed police building. ADJOURNMENT Haugen moved, seconded by Gagne, to adjourn the Special Meeting of May 20, 1985 at 7:15 P.M. Motion carried - 4 Ayes Respectfully submitted, Sandra L. Kennelly, City Clerk Mayor Hascop ^ . . ~ CITY OF SHOREWOOD BOARD OF REVIEW THURSDAY, MAY 23, 1985 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. M I NUT E S CALL TO ORDER Shorewood City Council convened as the Shorewood Board of Review at 7:30 P.M. on May 23, 1985 in the Council Chambers to review the assessed valuation placed on real estate property in Shorewood. ROLL CALL Present: Mayor Rascop, Councilmembers Haugen, Shaw, Stover, and Gagne. Staff: Administrator Vogt, Clerk Ke,nnelly, and Assessors Rolf Erickson, Dave Wilde, and Rita Guderian REQUESTS The following property owners came before the Council for review of their assessed valuations. Clair Towne 24740 Smithtown Road 33-117-23-13-0001 Mr. Towne felt that due to the unsightly condition of 24590 Smithtown Road, this has caused a devaluation and may have caused him to be unable to sell his property. He would like a reduction if the City is not going to enforce their Ordinances on junk cars and running a business out of a residentially zoned house. Mr. Towne stated that there were 20 cars and one boat presently in the yard. He would not be in objection to the valu- ation if the mess was cleaned up. No action was taken on the valuation. The matter was turned over to the Administrator; he will return to the Council with a response on May 28, 1985. Timothy Sexton 5355 Elmridge Circle 29-117-23-34-0011 Mr. Sexton rev:ewed for the Council his increases in valuation over the past few years. Assessor Erickson has reviewed and did not feel a reduction in valuation is warranted. Haugen moved to reduce the valuation to $269,000 as in 1984. Motion died for lack of a second. Valuation will remain at $280,500. John Hotvet 26420 Edgewood Road 29-117-23-34-0012 Mr. Hotvet presented a comparison of valuation and square foot- ages within his area and felt that they were not treated fairly, as well-as all lakeshore valuations. The Council took no action, valuation will remain as assessed. 1@ ,.. . . BOARD OF REVIEW MINUTES - 2 - MAY 23, 1985 Bruce Russell 26080 Birch Bluff Road 29-117-23-43-0005 John Russell was present, representing his grandfather in a request to reduce the valuation. After review ~he Council took no action and the $81,000 valuation will remain. Charles Donley 5795 Christmas Lake Point 35-117-23-14-0014 Mr. Donley has requested a reduction in valuation from $256,000 (1984 and 1985) to $245,000. The Board reduced his valuation to $256,600 last year. Donley did not feel that was adequate so he went to the State Board of Review and was turned down for any further reduction. He has had the property for sale for quite some time and his real estate agent, Keith Arensen, indi- cated that no written offers have been received. Haugen moved, seconded by Rascop, to reduce to $245,000 (124,000 - Building and $121,000 - Land). Motion carried. 3 Ayes - 2 Nayes (Shaw and Gagne). HOTVET-SEXTON RECONSIDERATION John Hotvet Haugen moved, seconded by Stover, to reconsider the request of John Hotvet and Tim Sexton. Motion carried, 4 Ayes - 1 Naye (Rascop stating that Christmas Lake lakeshore and Minnetonka lakeshore were not comparable). Stover moved for discussion, seconded by Haugen, to reduce the land only to $122,000. After discussion Stover withdrew her motion, accepted by Haugen. Stover then motioned to reduce to $265,000 from $271,900. Seconded by Shaw, motion carried - 4 Ayes - 1 Naye (Gagne) Tim Sexton Shaw moved, seconded by Stover, to reduce Mr. Sexton's property to $270,000 ($120,000 - land and $150,000 building) from $280,000. Motion carried - 4 Ayes, 1 Naye (Gagne). J. Ned Dow 4530 Enchanted Point 30-117-23-33-0022 Mr. Dow indicated that ne has been trying to sell his property. He had a M.A.I. appraiser valuate his property a year and a half ago and it listed at $137,000, new valuations were done by the M.A.I. appraiser at $119,000 and a hired appraiser for a real estate listing firm at $116,000 recently. Haugen moved, seconded by Stover, to reduce from $131,300 to $117,000. Motion carried, 5 Ayes. . . . BOARD OF REVIEW MINUTES - 3 - MAY 23, 1985 , Alvin Glover 4410 Enchanted Point 30-117-23-33-0028 Mr. Glover was present to ask for a reduction because of the increase since last year. Assessor indicated that the valua- tion from last year was set at 85% of completion. Council took no action to reduce. Richard Dyer 6070 Brand Circle 35-117-23-43-0007 Mr. Dyer explained to the Council that he felt that a reduction is forthcoming because of a 50% reduction of interested buyers on his property due to the baracading of Christmas Lake Road that does not allow for north bound traffic from Mill Street or south bound traffic from Christmas Lake Road onto Mill Street. Also this baracade creates turning around of cars in his yard. Haugen moved, seconded by Gagne, to allow a 5% reduction in valuation ($60,000 from $63,800 - building only). Motion carried - 5 Ayes. Council stated they are in support of the new assessors and the manner in which they have handled the residents of Shorewood. AUDIT MEETING Audit Review Meeting will be set for 6:30 P.M., Tuesday, May 28, 1985. Adjournment Haugen moved, seconded by Gagne, to close the Board of Review Meeting for 1985 valuations at 10:35 P.M. Motion carried unanimously. Respectfully submitted, Sandra L. Kennelly, City Clerk Mayor Rascop , , . . CITY OF SHOREWOOD MAY 28, 1985 AUDIT MEETING REGULAR COUNCIL MEETING COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 6:30 P.M. 7:30 P.M. M I NUT E S CALL TO ORDER The Audit Review and Regular Council Meeting of the City of Shore- wood was called to order by Mayor Rascop at 6:30 P.M. for the pur- pose of an Audit Review to be followed by the Regular Council meet- ing at 7:30 P.M., Tuesday, May 28, 1985, in the Council Chambers. AUDIT REVIEW MEETING ROLL CALL Present: Council - Mayor Rascop, Councilmembers Gagne, Shaw, Stover, and Haugen. (Arrived at 7:10 P.M.) Staff - Auditor, James Maiser, Finance Committee Member, Steve Frazier, Finance Director, Beck, Administrator Vogt, and Clerk Kennelly. Regular staff arrived for the regular meeting at 7:30 P.M. Attorney Froberg, Engineer Norton, and Planner Nielsen. Mr. Maiser of the city's auditing firm, Matthias, Roebke, and Maiser, reviewed the audit and the management letter. He informed the Coun- cil of non-collected assessments over the past six to seven years totaling $235,245 and 3.3% of the 1984 taxes are delinquent. The Council discussed accumulatedsick leave, comparable worth, and overti~e pay. They also discussed the possibility of a sewer rate increase due to the large increase in charges from the Metro Sewer Waste Control. Maiser recommended that a yearly update be done on the Special Assessment projects. The Finance Committee will be study- ing the delinquent assessment rolls in June. Acceptance of the 1984 Audit Gagne moved, seconded by Shaw, to accept the 1984 Audit as submitted. Motion carried unanimously. 5 Ayes. PLEDGE OF ALLEGIANCE AND PRAYER Mayor Rascop opened the regular council meeting with the Pledge of Allegiance and a prayer. /L . . Regular Council Meeting - 2 - May 28, 1985 APPROVAL OF MINUTES Gagne moved, seconded by Stover, to approve the minutes of the Special Meeting of May 6, 1985, with an addition to the roll call list. Motion carried - 5 Ayes. Haugen moved, seconded by Gagne, to approve the minutes of the Regular Council Meeting of May 13, 1985 with a clarification to the "Dock Installation" motion. Corrections will be made in the official minute book. Motion carried unanimously. PLANNING COMMISSION RF.PORT The Commission reviewed requests from Our Saviour's Lutheran Church for a C.U.P. and G&R Construction at 5580 County Road 19 for rezon- ing and C.U.P. They also finalized their recommendation on the pro- posed Zoning Ordinance. PARK COMMISSION REPORT The Commission continued their on-site inspection of new and exist- ing Park properties. CONDITIONAL USE PERMIT Our Saviour's Lutheran Church 23290 State Highway 7 RESOLUTION NO. 35 - 85 Our Saviour's Lutheran Church has made a request for a C.U.P. to expand their facility to accomodate an elementary educational school addition. Gagne moved, seconded by Stover, to grant the C.U.P. according to the recommendations listed in the Planner's report dated May 17, 1985 with item #2 to read: "Signage should be brought into compliance prior to the issuance of the occupancy permit." C.U.P. granted by roll call vote - 5 Ayes. REZONING TO R.C. - 5580 County Road 19 ORDINANCE NO. 167 CONDITIONAL USE PERMIT RESOLUTION NO. 36 - 85 Gary Lindgren, President of G&R Construction Company Inc., was present to make his request for rezoning from R-4 to R~C. for an Office Building at 5580 County Road 19. This request will also need a C.U.P. grant. Council discussed with staff. Mr. Lindgren plans to phase the installation of the parking lot over a year's time. Mr. Lindgren felt this provides for a natural settling base. Planner Nielsen was not in favor of the phasing but suggested that the City obtain a letter of credit to be held until the completion of parking lot. .j>.. . . Regular Council Meeting - 3 - May 28, 1985 Gagne moved, seconded by Haugen, to waive the second reading of the Ordinance and adopt an amendment to Ordinance #77 and rezone the property located at 5580 County Road 19 from R-4 to R:C. Ordinance was adopted by roll call vote - 5 Ayes. Stover moved, seconded by Gagne, to grant a C.D.P. in accordance with the Planner's recommendations and to allow an extension to November 15, 1986, for the completion of the parking lot with a "letter of credit" to cover those improvements also to grant a rear yard set-back variance of 28'. Resolution was adopted by roll call vote - 5 Ayes. INTERIM ZONING ORDINANCE ORDINANCE NO. 168 Planner Nielsen submitted a list of nine changes to be incorpor- ated into the new Zoning Ordinance (This list is contained in his May 21, 1985 staff report). Council discussed items 1 thru 3, referring to zoning changes due to requests of owners, and a petition submitted from residents of Shady Island. Stover moved, seconded by Gagne, to change the proposed zoning of Shady Island from R-1C to R-1B as requested by the residents petition. Motion carried - 3 Ayes to 2 Nayes - (Shaw and Haugen). Council reviewed at length the nine items and felt that continued discussion and study of these areas were needed before final adop- tion of the entire Ordinance. They felt that adoption of an "Interim Ordinance was in the best interest of the City as recom- mended by the Planning Commission and Planner Nielsen. Stover moved, seconded by Gagne, to accept this as in Interim Ordinance to include the zoning changes in items 1 thru 3 and to continue study on items 4 thru 9. Motion was denied. 3 Nayes to 2 Ayes. (Gagne and Stover). Gagne then moved, seconded by Rascop, to accept the zoning changes in Item #3 from R-1C to R-1B and refer all other items for addi- tional study. Motion carried 4 Ayes - 1 Naye (Shaw). Stover moved, seconded by Haugen, to accept the Planning Commis- sion recommendation to adopt the new Zoning Ordinance dated April 1985, as a "Interim Zoning Ordinance" pursuant to Minnesota Statutes - Section 462.355, Subdivision 4 for a period of six months from the above date, at which time these items will be clarified and a final Ordinance can be adopted. Interim Ordinance was adopted by roll call vote - 4 Ayes to 1 Naye (Shaw). PLANNER"S REPORTS GARDEN PATCH C.D.P. Council directed Nielsen to inform the Garden Patch of the expira- tion on June 9, 1985 of their C.D.P. to operate their business at 23425 Smithtown Road. This notification will also inform them that they are in violation of their permitted uses listed in their C.D.P. They will have to addTess this matter at the June 10 meeting for the continuation of their operation and seize doing business on June 9, 1985 as stated within the C.U.P. . . Regular Council Meeting - 4 - May 28, 1985 UPPER LAKE MINNETONKA YACHT CLUB Nielsen was requested by Council to determine if the Yacht Club was in compliance with their Yacht Club use. Nielsen stated that the original permit is somewhat vague, but the only viola- tion at this time is on-land storage of boat lifts. Council directed him to relay a letter informing them of the violation. REQUEST FOR INCIDENTAL USE OF PUBLIC PROPERTY A request has been received from Elliot Cobb of 5615 Covington Road to install a 3' high permanent rock wall within the City's road right-of-way at the entrance to his driveway. Attorney Froberg urged caution in granting permanent structures on road right-of-ways. Public Works Director, Zdrazi1, was in opposi- tion because of the difficulty of snow cover up for plowing. Shaw moved to table and request a revisiona1 plan eliminating any structures from road right-of-way. Seconded by Haugen - Motion carried - 5 Ayes. 1985 STATE BUILDING CODE ADOPTION Shaw moved, seconded by Gagne, to adopt the 1985 State Building Code and the 1982 Uniform Building Code by reference as recom- mended by Building Inspector Nielsen. Motion carried unanimously, 5 Ayes. APPROVAL OF LIQUOR LICENSE - SUNDAY SALE AND OFF SALE 3.2 NON-INTOXICATING MALT LIQUOR LICENSE RESOLUTION NO. 37 - 85 Shaw moved, seconded by Gagne, to approve the following licenses for renewal effective.June 1, 1985 subject to required insurance coverages. 1. Plaza Tom Thumb - Off Sale 3.2 Malt 2. Skipperette - Off Sale 3.2 Malt 3. Driski11s Super Va1u - Off Sale 3.2 Malt 4. American Legion Post #259 - Club License and Sunday Sale 5. Minnetonka Country Club - Liquor License and Sunday Sale PUBLIC WORKS DEPARTMENT EMPLOYEE Cost estimates for a part-time man for the road department were submitted. Public Works Director, Zdrazi1, was present to re- -quest the replacement of the 6th man in his department. He stated the need for that man to maintain the current level of services, preventative maintenance, safe and proper snow plow- ing and park maintenance. Rascop and Shaw felt that when Muni- tech was hired that it should have eliminated the need for the sixth man. Ccsts were discussed and determined that the monies to Vay a sixth man could come out nf the Public Works Depart- ment Budget. . . Regular Council Meeting - 5 - MAY 28, 1985 Gagne moved, seconded by Stover, to approve the hiring of the sixth man for the Road Department and return with a budget amendment to the Public Works Department to cover the salary of the sixth man. Mot~on carried - 3 Ayes, 1 Abstain (Shaw) 1 Naye (Rascop). WATERFORD - WATER FRANCHISE ORDINANCE NO. 169 Administrator Vogt indicated that a letter was sent to the City of Minnetonka on May 24, 1985 requesting a temporary water connection to service the Trivesco project. Attorney Froberg reviewed for the Council various changes that were made from the last draft. Rascop had concerns that if the City was petitioned to take the water sys- tem in the future, that the contingency fund for repairs would also be transferred to the City. Mr. Mason indicated that it would not be established until the installation was made and that it would not ever exceed $10,000. This money would be transferred with the com- pleted water system as specifications have now been agreed upon. Shaw moved, seconded by Haugen, to adopt the Water Franchise Ordi- nance to include all revisions as they were made, and to authorize the Mayor to approve the final draft of the Ordinance by signing that document. The Ordinance was adopted by roll call vote - 5 Ayes. ATTORNEY'S REPORT NEPHEW LAWSUIT Attorney Froberg stated that the City's Insurance carrier, Home Insurance Company, will represent the City in the Nephew suit with the right to settle at their discretion. Haugen moved, seconded by Gagne, to authorize the Administrator to sign a letter whereby the Home Insurance Company will provide a defense for the City, subject to a reservation of rights. Motion carried unanimously - 5 Ayes. WATERFORD ACCIDENT INFORMATION Attorney Froberg informed the Council of the receipt of a letter stating that the City may be named in a suit if they determine that they feel the City may have been negligent in the accident that caused a death on the Waterford project. ENGINEER'S REPORT LIST OF ROAD IMPROVEMENTS AND COSTS Council discussed possible ways to have the street roads repaired including assessing benefited properties. There is approximately $100,000 for road improvements. The cost estimate presented in the Engineer's list of six areas is around $600,000. Council requested the Engineer to return with a total cost esti- mate for all his items, including #4 - Wedgewood. He also direct- ed the Public Works Director to whatever may be necessary to make Cathcart driveable until a final determination can be made as to project improvement. . . Regular Council Meeting - 6 - May 28, 1985 Rascop moved, seconded by Gagne, to authorize the expenditure of $750 to $1,000 to core drill Wedgewood to determine whether it was originally installed according to the City Engineer's specifications. Motion carried - 3 Ayes, 1 Naye, (Shaw) and 1 Abstain - (Stover). SEAL COATING Engineer Norton confirmed that approximately $10,000 is in the budget for road seal coating. He will return with his recom- mendations for this year's project. ADMINISTRATIVE REPORTS APPLICATION TO JOIN HENNEPIN COUNTY GROUP PROGRAM RESOLUTION NO. 38 - 85 Rascop moved, seconded by Stover, to adopt a resolution request- ing participation in the Hennepin County Group Insurance Program. Motion carried - 5 Ayes. EMERGENCY MUTUAL AID RESOLUTION NO. 39 - 85 A resolution draft has been submitted that would autKorize dis- patching City Equipment and Services by the Administrator to other cities if needed, in an emergency situation. Gagne moved, seconded by Haugen, to approve the resolution as submitted. Motion carried - 5 Ayes. REQUEST FOR PAYMENT (Stalland) A request from Mr. and Mrs. Stalland of 4995 Sussex Place was submitted for payment to Thompson Plumbing in the amount of $44.95. They feel the City is responsible for their faucet becoming plugged, according to the plumber, because the water had been turned off. Council denied the request and directed the Administrator to inform the Stallands and if they are not in agreement they can go before the Council and respond. APPOINTMENT TO WEST HENNEPIN HUMAN SERVICES The Human Services Board is looking for appointments from the City. Council directed the Clerk to work with the Board and request the City newspaper to note a request for volunteers. SPEED LIMIT POSTING Administrator Vogt received a complaint of signage and non- inforcement of the speed limits on Enchanted Lane. Vogt referred to the Minnesota. Department of Transportation letters on speed. limits and would like to obtain additional information to return to the Council and dire.ct the Police Department to add additional patroling to that area. .';j. . . Regular Council Meeting - 7 - May 28, 1985 CORRIDOR STUDY MEETING Norton said the Metro Council will be having a Highway 7 Corri- dor Meeting at the Minnetonka Planning office at 1:30 P.M., June 20, 1985. MAYOR'S REPORT The Police Meeting will be held at City Hall on May 29, 1985. COUNCIL REPORTS Council would like to study the possibility of a Solicitors Ordinance. A Zoning Ordinance and Junk Ordinance violation notice is being delivered by the Police and certified mail to Mr. Blood on May 29, 1985. Haugen has requested that the Council direct the City Attorney to review the findings of facts and determine what rights the city has in controling the Snug Harbor former Shorewood Yacht Club. The file will be submitted for the Attorney's review. APPROVAL OF CLAIMS AND ADJOURNMENT Gagne moved, seconded by Haugen, to adjourn the Regular Council meeting of May 28, 1985 at 12:17 A.M., May 29, 1985, subject to the approval of claims for payment. Motion carried - 5 Ayes. General Fund - Acct #00166-02 Checks 30514 - 30566 Liquor Fund - Acct #00174 Checks 3419 - 3467 Respectfully submitted, Sandra L. Kennelly City Clerk Mayor Rascop ~ r' CHECK NO. 30514 30515 30516 30517 30518 30519 30520 30521 30522 30523 30524 30525 30526 30527 30528 30529 30530 30531 30532 30533 30534 30535 30536 30537 30538 30539 30540 30541 30542 30543 30544 30545 30546 30547 30548 30549 30550 30551 30552 30553 30554 30555 3G556 30557 30558 30559 30560 30561 30562 30563 30564 30565 30566 GENE~FUND - BILLS PAID SINCE MAY 2411f985 TO WHOM PAID PURPOSE Petty Cash Ev Beck Roberta Dybvik Dennis Johnson Sandra Kennelly Susan Niccum Brad Nielsen Dan Randall Patti Ray Howard Stark Dan Vogt Ralph Wehle Don Zdrazil State Treas. Mtka State Bank Commission of Revenue State Treasurer City-County Credit Union Brad Nielsen MPELRA City of Excelsior ACRO Minn. Albinsons Earl F Andersen Inc AT&T Budget Paper Chaska Parts Service Rolf Erickson General Communications Henn Co Gen. Acct. Key Leasing Lawson Products LMCIT Minn. Mutual Life H.C. Mayer & Sons Metro Waste Control Comm. State Bank of Young America Comm. of Transportation Motorola Northern State Power Northwestern Bell OSM South Lk Mtka Public Safety Tessman Seed & Chemical Tonka Printing Village Sanitation Wagers Inc Ziegler Tire Tele-Terminals (Ameridata) ASCME Local 224 Midwest Asphalt ICMA Assoc. of Metro Mun. Reimburse misc expenses paid out Salary II II II II II II II II II II II May 23 payroll-FICA II II II -FWH II II II -SWH II II II -PERA Credit Union deposit-H. Stark Mileage MPELRA Seminar - D. Vogt Water connect fee - Our Save Church Office supplies Planning supplies Street signs City Hall equip Coffee Equip. maint. May Assess fees Remote control/base station radios B & R Shorewood prisoners Copy machine lease Shop supplies Employee Health Ins. Employee Life Ins. Gasoline purchase June Sewer charges Equip Maint. (Hecksel's Farm equip) Relamping - May '85 3 mobile radios Ci ty electricity City Hall/Pub Works/Badger service City Eng./Project 84-5 1985 Budget - June Park maint. (fertilizer) Stationery supplies Spring Cleanup/May service Office supplies Equip maint. Multimate training/paper supple May union due for H. Stark Crushed rock & tack oil Book - FLSA Membership dues & dinner meet TOTAL .AMOUNT 40.76 750.95 457.52 560.33 578.87 388.16 702.55 572.08 440.93 550.45 802 . 13 529.33 749.23 1,447.64 1,295.00 713 . 00 847.04 10.00 76.56 20.00 2,250.00 525.91 8.50 32.58 50.92 48.95 26.23 1,525.00 3,813.00 1,367.20 223.30 300.60 1,816.74 164.18 774.39 20,370.69 73.23 184.31 2,940.00 716.75 356.16 6,547.36 22,369.50 661.00 28.95 4,575.04 62.48 65.00 11 7.00 13.74 241.15 24.00 965.00 84,771. 39 ci 3419 3420 3421 3422 3423 3424 3425 3426 3427 3428 3429 3430 3431 3432 3433 3434 3435 3436 3437 3438 3439 3440 3441 3442 3443 3444 3445 3446 3447 3448 3449 3450 3451 3452 3453 3454 3455 3456 3457 3458 3459 3460 3461 3462 3463 3464 3465 3466 3467 NO. LI~R FUND - BILLS PAID SINCE MAY ~ 1985 TO WHOM PAID PURPOSE Susan Culver Russell Marron Bob Nash Don Tharalson Stephen Thies John Josephson Bill Josephson Susan Latterner Steve Maeger Chris Meyer Stewart Peterson Dean Young State Treasurer Mtka State Bank Commissioner of Revenue State Treasurer City of Shorewood AT&T Village Sanitation Ryan Construction Quality Wine Twin City Wine Griggs, Cooper & Co Paustis & Sons BellBoy Corp Minn. Bar Supply LMCIT Minn. Mutual Life Northwester Bell Northern State Power Johnson Bros. Wholesale Eagle Wine Co Griggs, Cooper & Co Ed Phillips Prior Wine Co Quality Wine BellBoy Corp C.R.T. Capitol City Dist. Harry Niemela City of Shorewood Twin City Wine Eagle Wine Co Griggs, Cooper & Co Ed Phillips Quality Wine Johnson Bros. Wholesale G & K Services Paustis & Sons Salary " " " " " " " " " " " May 23 payroll - FICA " " " FWH - SWH - PERA Bkkping March " " " " " " Liquor Store Equip lease Service for May Rent June '85 Liquor purchase Wine purchase Liquor Wine Liquor Misc purchase Employee Health Ins Employee Life Ins Service & Advertising Electric service Wine Wine Liquor Wine & Liquor Wine Wine & Liquor Liqour Cash Reg. Tape advertising Wine June rent Store No. 1 Liquor Store Bkkping April '85 Wine Wine Liquor Wine & Liquor Liquor & Wine Wine Laundry services Wine , 85 TOTAL AMWNT "96.38 .29.70 113.00 122.00 ~7.88 ;161.50 464 . 46 117.00 214.61 104.25 95.63 382.50 198.28 223.00 119.00 116.02 212.75 12.66 83.62 1,871.67 991.42 178.25 715. 94 40.56 1,597.40 113.91 242.64 37.72 157.32 243.36 1,147.20 99.45 1,384.64 435.26 347.37 1,190.29 1,520.50 195.00 346.95 882.50 202.41 785.78 86.37 1,901.12 901.51 1,329.62 219.79 36.20 97.60 22,693.99 . . LEGAL NOTICE PUBLIC HEARING CITY OF SHOREWOOD NOTICE IS HEREBY GIVEN that the City Council of the City of Shorewood will hold a Public Hearing in the Council Chambers of the Shorewood City Hall, 5755 Country Club Road, Shorewood, Minnesota, on Monday, June 10, 1985, at 7:45 PM, or as soon thereafter as possible. The purpose of the Hearing is to consider a request by Kenneth Koester for a setback variance at 24825 Amlee Road, said property described as: "Lot 12, Block 1, Amlee Acres" P.I.D. #33-117-23-21-0009 Note: The Planning Commission will also consider the request at its regular meeting on Tuesday, June 4, 1985 at 7:30 PM in the Council Chambers of the Shorewood City Hall. All interested parties are encouraged to attend both meetings. Oral and written comments will be considered at that time. City of Shorewood SANDRA KENNELLY City Clerk To be published May 20, 1985. s ... MEMORANDUM TO: FROM: DATE: RE: FILE NO. BACKGROUND . . 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 PLANNING COMMISSION, MAYOR AND CITY COUNCIL BRAD NIELSEN 28 MAY 1985 KOESTER, KENNETH 405 (8 5 . 18) SETBACK VARIANCE Mr. Kenneth Koester has requested a setback variance to build a garage on his property located at 24825 Amlee Road (see site location map - Exhibit A, attached). As shown on Exhibit B, the applicant would like to locate his garage 10 feet from the rear lot line rather than 50 feet as required by the existing Zoning Ordinance. Mr. Koester's justification for the variance is that he would like to save an existing maple tree on the west side of the house and he doesn't want to build closer to the front due to the way existing homes are aligned on that side of the street. The applicant's lot measures 118.5' x 170' and contains 20,145 square feet in area. With the exception of the storage shed located in the southeast corner of the lot, the existing buildings comply with the requirements of the R-2 District. Mr. Koester has submitted signatures from five individuals (addresses not indicated) stating they have no objection to the setback variance (see Exhibit C, attached). ANALYSIS/RECOMMENDATION Given the size of the lot and the area in which a garage could be built, it is difficult to justify a variance. As can be seen on Exhibit D, there is ample room in which to build a garage within the required set- backs. It should also be noted that the proposed 24' x 28' garage is relatively large for a two-car garage. It is also worth mentioning that the rear yard setback proposed in the new Zoning Ordinance will be 40 feet, 10 feet less than currently required. A Residential Community on Lake Minnetonka's South Shore StL . . PLANNER"S MEMO KOESTER SETBACK VARIANCE 28 MAY 1985 PAGE 2 As mentioned in previous variance requests, the location of trees, particularly a single tree, does not constitute hardship. Trees can be replanted. While the applicant's concern about the existing build- ing line along the south side of Amlee Road is laudable, there is no guarantee that the greater setback which currently exists will be ob- served by others in the future. Nor is there any way that the City could impose such a restriction without increasing the front setback for the R-2 District. Since the garage could be built quite easily without the variance, the variance is considered unjustified. If the Planning Commission or Council feel that the request is reason- able, the City should then consider amending the Ordinance so that a reduced requirement applies to all property within the R-2 District. Many of the metropolitan area suburbs treat garages as allowable en- croachments to the required rear yard. Some require as little as five feet from a rear or side lot line. As you recall, the rear yard set- back issue was discussed relative to swimming pools. Although the requirement was reduced, the City specifically chose to maintain the required setbacks for other structures within residential districts. BJN:rd cc: Dan Vogt Glenn Froberg Sue Niccum Kenneth Koester -- ~'lll ,', ~ ;...... ..::;, 0 i"- I . ..'1." '" 05 I (I)'. :~~ _ \ ... . "~..' ~Z---s-~ ~ ~! ~)'N '0'; ;. I ;;bl · , ..=J "'0 . ~ ~~ I 1. W-'lzfl .. 2':,.. ',g. 0 ~ ..~~ - 7?- ' ~ , ;C I ~ N I'~ ~ ..J ~ ~ -.,.. l~ :.!-~1~2S ,.,:: ;~;-~.'~-~- ,~---;_._~ :; 'f>'" .JI ..: &:j ~ D 9. ~ Ii - ~::: lP ~' = ". ,- ~ ..... - .J ~ 1\ ~ '-../ ': 1m ,{-)il-- :E '._ ~..pLr IT'~II--- ~ --.--- --- ') \:: CI: ... --- ,'C. ... -::;;:. '.I ~ .......... -.~ \j: ~ '^ ~..- 0 ;:; .._~, '_""'" IS' N . ! ~ ",,,-0 ~; r~. ~. .. '-.p -- - , (I~I ~ liD;' ,'r , 3NY1 " nOJ.1 NYW ,2: 't& ~ (J) 11 1 rtZ, ." 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It) - - ~--lH"-- ~ !! ~ 7\) ~ \.1' ,- .-r-. ~ - --~ . ~ \J'. ~ -~ - -::f ~ II) - "t '! --;---\- N - Exhibit A SITE LOCATION Koester setback variance 'I i I I I I .~~ my"~ --.:: -' ,.. '*' . ~ \, ~ fZ.0A.6 '>J r- lJ o ^- ;i -0 CJ rA~" ~ ~~ .c", \ ,. 1,. \ , \ - 4t... (b E ~ ~ . ..--.- k Q .., ..: (1l ( ~ .....,.s. - -=-.... . :::;.;--~ ~ /. ' --....,'\ . >- --(" \ ',.. {" \ "\ to I " . --- ;;7> ;/ ", - ./ Q " ... ~ .. ;~.: ~~~. V\ <;:::'p;; ,- ;;ucr?j,;t',: _;..:.;A . f'~:.~. l' , 10J1 .~: ~,. \ \ ". ;..~- -----" I" ... ~.~ r r,~':J~.": "~'~~;"~~~T .~. .~"f'~ 0.- . ~ -.At)-.; . ... )tf tl"~ .~ . . . ~ .m i I I i ~~T " i 0 VI "\:l ' h ~ ~ o I tv> ;:r-o ~ ". ! 'r " <4 (U a-foI o ' - -.. ] ~ CL . " (tl I J ~ ,,,t ~ ~ '-0\ :>t " -~ Exhibit B PROPOSED SITE PLAN . TO WHOM IT MAY CONCERN: . I, .../~~#-V-.- HAVE NO -r OBJECTIONS AGAINST KENNETH L. KOESTER BUILDING A GARAGE ON HIS PROPERTY AS PER DESCRIPTION SHOWN TO ME. TO WHOM IT MAY CONCERN: . - Y--- ..)- /. ;- I, (J{~?-1? C'--c~~ L- c--/vu'/ HAVE NO OBJECTIONS AGAINST KENNETH L. KOESTER BUILDING A GARAGE ON HIS PROPERTY AS PER DESCRIPTION SHO~~ ~O ME. TO 't.'HOM IT MAY CONCERN: I, ~~-f! ~ OBJECTIONS AGAINST KENNETH L. HA VE NO KOESTER BUILDING A GARAGE ON HIS PROPERTY AS PER DESCRIPTION SHO~~ ~O ME. TO "mOM IT MAY CONCERN: I, ~-':'\I'.'iL~) '1 LLi\\fI.'[ h~(\..L. TrSCf\.: HAVE NO OBJECTIONS AGAINST KENNETH L. KOESTER BUILDING A GARAGE ON HIS PROPERTY AS PER DESCRIPTION SHO~~ ~O ~ffi. , , . I _" ......... I, . I - , "- II- <.. ",.-.<- , . Exhibit C NEIGHBOR'S RESPONSES Addresses not submitted , , ':" ." ....'" ~ 4 ~ ~ ;- II ("\ ^- ~ -0 . ~'"' ~.. ~' .fro,,; db~ ,,~' I I ,.: ~: . dOl \ ~,. (l, ~' ~. 1 1_';' .'-'''"':7\.:,:,':t]:S\: ::""':',.,)'1 I lJ'.;R~..t.; ii" . ~-~.:..;- . :~~. . ... . ~ tf".. r ~ '1 -- ' (;) . \:I. . ' o I [,.."\ I 8-:+ ~ '0 ~ . ~:: . <1' It> ~ lU 4,-C ~ ~ \"t ., . : ....~ . ~ ~ ....... .-. .o; , - , (b ( Il..i ~ .~ . m \J\ <;::. <::) x ,r e:ctsti,." So' ~d"M.~ 40' ~+bM..lC.. - ~ \ \ ~- , . --....... .:....--<:P, '~ , - ~-, , ~; -r {' \ \, to i - ?-' " j .. .,.....'l~'. fF1\~ ;\~..~ n ~ :r- 0 " ~ 0.-'" ....... (") >I . Morth p Exhibit D ALTERNATE GARAGE LOCATIONS Shown shaded CI~Y OF SHOREWOOD I PLANNING COMMISSION MEET G TUESDAY, JUNE 4, 1985 . COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 PM M I NUT E S CALL TO ORDER Chairperson Leslie called the meeting to order at 7:38 PM. ROLL CALL Present: Chairperson Leslie, Commissioners Spellman, Boyd, Schultz, Reese and Benson: Planner Nielsen; Council Liaison Stover and Deputy Clerk Niccum Absent: Commissioner Watten (excused) APPROVAL OF MINUTES Reese moved, Boyd seconded, to approve the minutes of ~ as written. Motion carried unanimously. Spellman moved, seconded by Reese, to approve the minutes of May 21 as written, after changing the date on the minutes to May 21 instead of May 23. Motion carried unani- mously. Chairperson Leslie asked that it be recorded in the minutes that the minutes of March 19, 1985 and the minutes of April 16, 1985 be done and given to the Commission. 7:30 PUBLIC HEARING - GIDEON'S ORCHARD P.U.D. - CONCEPT STAGE WELLESLY HOMES, INC. - 5620 COUNTY ROAD 19 Ms. Kristin Spencer-Barney, President of Wellesly Homes, appeared to propose a planned unit development consisting of a three-story, 39-unit condominium project. The City of Shorewood granted concept stage approval in 1983 to Shorewood Condominiums for this project, their deadline expired, and now Wellesly Homes has resubmitted plans to con- tinue the project under the name of Gideon's Orchard. Ms. Spencer-Barney also said that in addition to the information given to the Commission, she had preliminary plats for the commercial property with her for examination. Public portion of the meeting was closed at 7:42 PM. Leslie asked if it ever got to the development stage. Planner Nielsen replied no. .. Leslie asked if there was any Engineer's Report. Planner Nielsen said this will take place during the development stage. Jim Parker of Advance Survey and Land Planning was also present. He said a study has been done of the drainage area extending to Glen Road/County Road 19, about a 25 acre area. The proposal is to build a rentention area by building a berm and a controlled outlet structure that would retain water and let it out slowly through a 12" pipe. This would control the rate of flow and help the water problem, this would include water from other areas. ~b ~b"76 y~ ~ . . PLANNING COMMISSION MINUTES TUESDAY, JUNE 4, 1985 page two In areas where there are parking lots and building, all the drainage from those areas would be channeled down the driveway into the basement garage of the building where it would be collected by a catch basin that would have a grit chamber and a skimmer for oil, etc. that comes off a parking lot. A pipe would then channel the clean water out to the retention area. Planner Nielsen pointed out that the cornEr where the commercial building will be located will remain C-3. This area is a little over a quarter of an acre. The driveway will be moved to a different area to create safer access to County Road 19. Tom Barney, Director of Wellsley Homes, said the garage will come down, the addition will be deeper to allow access from existing building. Wellsley Homes, Inc. wishes to begin the project as soon as possible. Reese moved, Boyd seconded, to recommend to Council to approve the Concept Stage, contingent upon the Planner's recommendations: 1. Pond area. The ultimate size and design of the ponding area should be addressed in detail in the development stage of the P.U.D. process. 2. Moving the building northward. so. Site drainage my be better facilitated by doing 3. Financial capability. Applicant must submit evidence of financial capability to complete the project prior to the issuance of a building permit. 4. Letter of credit. A letter of credit for site improvement must be provided. Motion carried by roll call vote - 5 ayes - Spellman, Leslie, Reese, Boyd and Schultz. SIMPLE SUBDIVISION LARRY SAMUELSON FOR WILLIAM WHITE - 5865 GLENCOE ROAD postponed VARIANCE REQUEST - EXPANSION OF A NONCONFORMING STRUCTURE ROGER ZAHN - 5815 RIDGE ROAD Mr. Zahn was present to request a 15' variance to put on a 13' x 22' two-story room addition and a 7~' x 10' deck to the rear of the existing house. The existing house is 35' from Ridge Road. The addition will be on the opposite side of the house, away from Ridge Road and will not increase the nonconformity. He said the addition will measure 500 square feet for both floors. Boyd moved, Schultz seconded, to recommend to Council to grant the variance request. Motion carried unanimously. PLANNING COMMISSION MUNU~ TUESDAY, JUNE 4, 1985 page three . SETBACK VARIANCE MR. KENNETH KOESTER - 24825 AMLEE ROAD Mr. Koester was present to request a setback variance to locate a garage 10' from the rear lot line rather than 50' as required by Ordinance. He is changing his size request from 24' x 28' to 24' x 26'. He presented signatures of four neighbors whose property is closest to his, stating they did not object to his request. Commissioner Spellman said he felt it was possible for Mr. Koester to conform to the required setbacks. Mr. Koester gave the following reasons for his request: - The property would look out of sequence with the rest of the neighborhood. - He is worried about snow drifting in and building up if the garage is too close to the house, as he already has a water problem in his basement. - He would lose the use of his kitchen window. He also said he has a small existing tuck-under garage that he would like to make into a part of the family room. Mr. Bob Gagne of 24850 Amlee Road pointed out to the Commission that Mr. Koester's well is located in the back of his property and if the garage were too close to the house, a well rig could not get in to service the well. There is a steep bank on the other side of the house. Commission asked Planner Nielsen how far the proposed garage is from the house. He said he thought it was between 22' and 28'. Commission discussed the issue and felt that even with leaving room for the well rig, the garage could be closer to the house, also that one of the obstructions isa tree that could be removed if necessary. Schultz moved, Spellman seconded, to recommend to Council to deny the application for a setback variance, the reason being that they do not feel this constitutes a hardship. They suggested to Mr. Koester that he move the garage forward, farther north, to minimize the distance of the variance. Motion carried by roll call vote -5-0 - Spellman, Leslie, Reese, Boyd and Schultz. VARIANCE REQUEST - EXPANSION OF A NONCONFORMING STRUCTURE MARVIN BOOTE - 24340 YELLOWSTONE TRAIL Mr. Boote appeared before the Commission to request a variance to expand a nonconform- ing structure, the existing house is only 30 feet from the front property line rather than 50' required by Ordinance. He proposes to build a 15' x 22' single-story room addition on the west side of the house. The addition would be located 20'-1" from the front of the house - 50'-1" from the street r.o.w. A 14' x 14' deck would be built to the rear of the room addition. Reese moved, seconded by Boyd, to recommend to Council to approve the variance request for expansion of a nonconforming structure. Motion carried unanimously. will probably remain primarily under neighborhood use. It is also ditticult to locate them if you are not familiar with them to begin with. . . LEGAL NOTICE PUBLIC HEARING CITY OF SHOREWOOD NOTICE IS HEREBY GIVEN that the City Council of the City of Shorewood will hold a Public Hearing in the Council Chambers of the Shorewood City Hall, 5755 Country Club Road, Shorewood, Minnesota, on Monday, June 10, 1985, at 8:00 PM, or as soon thereafter as possible. The purpose of the Hearing is to consider a request by Roger Zahn for a variance to expand a nonconforming structure at 5815 Ridge Road said property described as: "Beginning at northeast corner of northeast quarter of southwest quarter thence west assumed bearing along north line of Government Lot 8 a distance of 416.7 feet thence south 22 degrees 57 minutes west a distance 6.5 feet thence south 21 degrees 10 minutes east a distance of 67.9 feet thence south 5 degrees 11 minutes west a distance of 92.4 feet thence south 16 degrees 10 minutes west a distance of 76.92 feet thence south 73 degrees 53 minutes east to shoreline of Silver Lake thence northeasterly along shoreline to its intersection with north line of Government Lot 8 thence west to beginning." P.I.D. #36-117-23-31-0014 Note: The Planning Commission will also consider the request at its regular meeting on Tuesday, June 4, 1985 at 7:30 PM in the Council Chambers of the Shorewood City Hall. All interested parties are encouraged to attend both meetings. Oral and written comments will be considered at that time. City of Shorewood SANDRA KENNELLY City Clerk To be published May 20, 1985. " , . . CITY OF SHOREWOOD MAYOR Robert Rascop 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 MEMORANDUM TO: PLANNING COMMISSION, MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 20 MAY 1985 RE: VARIANCES TO EXPAND NONCONFORMING STRUCTURES- BOOTE, MARVIN ZAHN, ROGER TOMPKINS, SCOTT FILE NO. 405 (85.14)(85.15)(85.16) BACKGROUND The City has received applications from three individual residents request- ing variances to expand nonconforming single-family dwellings. Despite the properties being located in various areas of the community (see Site Locations map - Exhibit A, attached), the issues related to all of the requests are similar. For this reason the three applications will be dis- cussed within one staff report. Boote. Mr. Boote's house is located at 24340 Yellowstone Trail. The prop- erty is currently zoned R-1, Single-family Residential. Although located on a large parcel of land, the existing house is only 30 feet from the front property line rather than 50 feet as required in the R-1 District (see Exhibit B, attached). Mr. Boote proposes to build a 15' x 22', single- story room addition on the west side of the home. The addition would be located 20'-1" from the front of the house - 50'-1" from the street r.o.w. (see Exhibit C, attached). A 14' x'14' deck would be built to the rear of the room addition. Zahn. The Zahn property is located at 5815 Ridge Road, and is also zoned R-1. The house is located approximately 35 feet from Ridge Road rather than 50 feet. Mr. Zahn proposes to add a 13' x 22', two-story room addi- tion and a 7%' x lJO' deck to the rear of the existing house (see Exhibit D, attached). A Residential Communitv on Lake Minnetonka's South Shore ~a.. l~.. 9 tJ./ , . . PLANNER'S MEMO VARIANCES TO EXPAND NONCONFORMING STRUCTURES BOOTE, MARVIN ZAHN, ROGER TOMPKINS, SCOTT 20 MAY 1985 page two Tompkins. Mr. Tompkins proposes to rebuild the roof on the house located at 20940 Ivy Lane. Located on a very narrow lot within the R-2 District, the house has ample setbacks in the front and rear but does not comply with yard requirements on either side. Mr. Tompkins would like to eliminate the flat portions of the roof and replace them with a peaked roof system. This constitutes a structural alteration and therefore requires a variance. In order to avoid a second variance application in the near future, the applicant also requests approval to add on to the deck at the rear of the house. Although the deck will comply with setback requirements of the R-2 district, it is considered an expansion of the nonconforming structure. ANALYSIS/RECOMMENDATION When the City amended the Zoning Ordinance to allow variances for expan- sion of nonconforming single-family dwellings, the guideline that was es- tablished was that such structures could be expanded provided that the non- conformity was not increased. All three of the variance requests addressed herein comply with that policy, and it is suggested that all three variances be granted. It should be noted that Section 200.03 Subd. l.j. resolves the kind of sit- uation faced by Mr. Tompkins. Specifically, it states:"j. Alterations may be made to a building containing lawful nonconforming residential units when they will improve the livability thereof, provided they will not in- crease the number of dwelling units or the nonconformity." Recognizing that the variance procedure is not the appropriate tool for handling the expansion of nonconforming structures, the new Zoning Ord- inance proposes to process such requests by conditional use permit. Section 200.03 Subd. 1.k. provides as follows: "'k. Lawful nonconforming, single-family residential units may be expanded by conditional use permit, provided: (1) That such expansion does not increase the nonconformity and complies with height and setback requirements of the district in which it is located. (2) That if the nonconformity exists because- the lot area does not meet the minimum requirement for the district in which it is located, said expansion shall not increase the fldor area of all structures to lot area ratio to greater than thirty (30) percent. (3) That the granting of said expansion shall not adversely affect the aesthetics or character of the adjacent property. . . PLANNER'S MEMO VARIANCES TO EXPAND NONCONFORMING STRUCTURES . BOOTE, MARVIN ZAHN, ROGER TOMPKINS, SCOTT 20 MAY 1985 page three (4) That any such expansion shall take into consideration the protection of light and air to the adjacent property. (5) That in cases where a structure is too close to a lot line, the City may require that the discrepancy be make up by enlarging the opposite required yard space. (Example: where a building is eight (8) feet from a side lot line in a district in which a ten (10) foot setback is required, the City may require a twelve (12) foot setback on the other side.) " Given the number of requests received by the City and the fact that the variances have been routinely granted as long as the variance did not increase the nonconformity, the City may wish to consider a more expedit- ious method of processing the requests. It seems inappropriate to make a homeowner spend unnecessary money and delay his construction plans for four to six weeks if the variance, or now C.U.P., is likely to be granted anyway. If the City is not comfortable with allowing the Building Official to issue a permit based on the pre-established conditions already established in the new Ordinance, it is suggested that the process at least be streamlined. Rather than require a conditional use permit, for example, the Ordinance could read: "k. Lawful nonconforming, single-family residential units may be expanded upon approval by a four-fifths vote of the City Council, provided:..." This type of approach would not only save the applicant the fee for a C.U.P., but also two to four weeks of time. Staff time necessary for processing the requests would also be reduced due to the elimination of the public hearing requirement. Obviously if the request did not comply with all of the conditions of the Ordinance, it would be processed under standard var- iance procedure. As you know, the Planning Commission has recommended interim adoption of the new Zoning Ordinance subject to further study of several specific details of the Ordinance. Procedures for expansion of nonconforming single-family residential swellings is one of the items earmarked for additional discussion. cc: Dan Vogt Glenn Froberg Sue Niccum Marvin Boote Scott Tompkins Roger Zahn .1.1 '\ 1 ; ~ ~l __I.. l~rr'- ~Jtj '.1 f~Ci 'm~ · h h1[fIJB -LIL' I lEfI.~.J"">"'~ . rrlr v~ WI U i : 1 ~'A Tnt .l '- r, 1f-l Y CO' -.-. .::i~ . rD - ~ J----' ~ ----- '-J {/;;; ~ \-~- l' ' ~I~ . fmim =-r __' ~ .\..- _:: r[ LAKE "r- ~ I ~ 1~~,J -~~,~-'-~'1'~'(t~ ~ ~~~-~l .,~ 0~ ~ '- ' . I~~ ,l&]-""- . E3 B ,/ I Jd'~~~ /,--- !'i~ .::::~: /L:-':'1~r -~'1Q __ 7 __ c::~ I' : 'i:;':j~~. .:' <lh':.7 2~' ~'~A- Ir- 0~\~ :.-~ ,__ ~/..t.: '. ....i..'~ .....~u :::; . r-. II'; ! '- ,::. l>\i, ",,' -"'!<> ----~ B' " ~W;-'L _/~ :H~~~-'-J- .,' - ~I:g~~:-"~Ii-.-,~~~? _, i ~ilP- y -~ m:: ill~ :"": : 'T)"~< .~ ~ _~ _>i~ ~\ --.--nnn n l'1~:i! <4- ; -~ri~ 'i3~1 ~. ~ iP u,r~\~ ""~ b I~ ,~~,,:) '_~:r: ::'J ~:---1.J1J ~i -=:-00_00_.._" :--11' ~ ,.~ ~../ \ ----t-- - ill!( ~E ~ _________ _.. - , I " .,;'_"_"~'" /1 b .~ i ~~ (~..".,- _~' \.~....---~T " ~!' or __ \' __ _' \' /'1.- .. - I ._ !i · _. ' - ___ ' - - II .-:..'J!(."N \ m - -11 ~IL- 0~~' ~/\\ Moc1~ t=l: I ~ ,".. sco' ..J1:1__ ~~ : I _JI j ..:_A ~ I' . zh /F=!v '\ ~ O*i'lSi LAIlE · A t\JE-----.~, ) ~~~ I d / Exhibit A - . , .' SITE LOCATIONS I ~ SILl ~ Boote, Zahn and-Tom k" -. !E:E3L LAKE Variances t pIns , ,_. expand ~' _ ,tructure, I nonc.nfnrm~lg 1- LOT AND "ARM eURVU. C~UCTION ..,RVU. .' ,.. JAMES M. HALVERSON J:...J ~ . N IlEGI.,.PCD UN'" LAwe 0" .,.ATe tW MINN&eOTA "HON. ""IUlWAY 4-.308 2..1 30TM "va. eo. MINNaAfIOLI. e. MINN. 1 SURVEYOR'~ CERTIFICATE 0 f L 0 t1f. . '/ ~\ *"~ ~1'~ . -j.r t'~;~'~.'- 7:) rJO , "iRoN ! ~. .J> . ...: TOPOGRAPHICAL ~ PLATTING ,.J, . /'1' ,/ , ,/ ,I t~ I ~~,.8' \ ,-; I Acres WI/llo,,! ~oL2d "- f\- . :'!'I. .~ '~ :1'; "1''\ 3.4cres '=' -.0; :: t ., .. .....< .-: 9 .. \.t .. ~ r: "'.( '- ~ I {.. .1" u ..... ~-~ '> '..1 I -\ '-._ '5'.( I I tl~ ~ .. t3f.O!-'. -'J ~f~~ ~ _ :/40-r:-:: .Jj ...1- --.. . -- ..2" 01 INN D:--~.:7 . _ d~,;\ _.f). &P!1 ." :::-- -- -- 1- - ~ 1(/ __ . ,.' . - '\ -~ !,...-- . _~, ,. /'" .. \ V' ,.,.- I ". 0'----- ~ I rJ ...----\ 3r ... ~ Nt s c ~ 1 ~/ ,. -' \ . I I /JION . G L..,./ '. "... I . ..s"'" ,...~ / ~.... -- .- ,/ I hereby certity that tblts 1. a true ant} eor~ repNsentatloa 01 . SU" of tbe boqedarl.. ot: Tba. part of Lot 31 AwJl-tor'.. SUbdl-.1.1oa .0. 133.. Rennepia Count)'. 1I1DD. l7108 weaterb ot. 11.. "N" tro. III po1Dt 0Ii tb. Dortberl)' 110. ot 0 leaoo Rod 61ataat 190 fe.. aouttnteater17 froa t~ 1.' ..nlO1l .t tile D01'tberlr 11_". ..1. GlAM..... w1tb .. Ba.. 11M of a Lot 31 to. polD' ell tile DO~'.Il'. liD. .of ..~tn 11 "l~.ael.e'..t ~:;'=I'17 -t... _~..::-U;"'~. _i~t""':~L u. .......,... _, "ctllla "II .....z:~'. .'.\7p'".,..,t> 01 .r.. 1,0. ......,< ' ..... ')';1;:>,)' I 4 ~"'.'1. e . _\"\,.1' . . I i3 I l-t4i~ ! ' L AUO SUBb. / 1:'. '';'''~~'' r . . ()o. ~ " ,.. I I . t .~ !~ .~ !~ 3/ /33 ~: ' , 1 ...< 485.0 -------.--- -- ~ I . . --goon fJ D V!TIOJI 7Lor .s-)rf( lJ.C{ 2'2: -rt it I RtJdM -I /lJJP/T/(JK it r ~ o "- - 1 (Just f~ ~5p/1' 11 -'--'"'fiF.jNr (J F -H01.u ----,---.~ # f! - '~. .~ I." ]-.. ..4.. "-.'.- '-" ."... ._.... 't:. ;..r:;:"::'::.":..: :::'~::~1:;~_::;:" {-;" ' t . ". . l, . ',! ." .tV , . r .'" " , 1'" V " ... '. "'-" '" "-. " l.;." r;:.. " '. '\'- , " "'-. " '. "~....",~ ~,~;:~.:;; ..' ...... ~~ V!: ~,~ ~ .~, t F!' 12~It"L 5frlS- Z+H ,., tG,,'~'frlF ... " .... ". 1<~ " ". ..... "'-,. '" " "'" " "- ..... "'. " -. '- '. " ". " '. ", '. I .; ......., Ej'~~?:<0~": ". ", " " ',. , . .'..... " ~,.."" '. ", ..... 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JV ~ :;:f~.':1 e\ ~ ) " ~&~~f~:' ?,', #" ,,'J' f" """L""':'~'O' . ~":'<',"">~ t . ;. , ...,-- · ' i \ ~...' -i ~ ! I I l ~ o - \ 9 , ., i y~ I !r~ ~r. ! . i f ~ <[' ::+=::J '" <J... ~ 'y ~'\& . \ .. \N ~ ~ ' ;. ~ ' '" ~':'T' ..;i:.~\" " ~~,.,- ".~~J' ~,...,. ",.,. ,'--' 't'.~"..>.' ..<;.:,....:l. ,.' ...; ;r.' '1:t' ..... ~ i~ .- ~ J-:t. .., '.7 ,A..o, J.!' i -,.- :J. \oJ d -\1 ~ a.. o ~ \.. 1 41'" J~ " 1 t . ,; ",'.;lef~--l. .;.~,.,.,,-,~....,.,.. ..,..... ....' , ,... ";.' ..'.~."'.,!t-,~-.._'~ ...... ........1"... '.. ". '.. .1 'I:ir\~. ~J.i'"~.' ',' ~;"..;~.~~l.,.:H.....!'i~., , I .. . '. . ..;-::Di~wi.!;"""~,~.,,,, "., . "1 ....: .'" v .... \&\ ~ ~ ~ 1\ )..: . ... ~ l 'S \.t r - ....""...;! t:!" 7 '" ... ,. , . . :!'\~:~: Exhibit E BUILDING PLANS TOMPKINS . . LEGAL NOTICE PUBLIC HEARING CITY OF SHOREWOOD NOTICE IS HEREBY GIVEN that the City Council of the City of Shorewood will hold a Public Hearing in the Council Chambers of the Shorewood City Hall, 5755 Country Club Road, Shorewood, Minnesota, on Monday, June 10, 1985 at 8:15 PM, or as soon thereafter as possible. The purpose of the Hearing is to consider a request by ~Iarvin L. Boote for a variance to expand a nonconforming structure located at 24340 Yellowstone Trail, said property described as: "That part of Lot 31 lying westerly of a line running from a point in north line of Glencoe Road distance 190 feet southwesterly form east line of said lot to a point in northerly line of Lot 31 distance 351 and 8/10 feet southwesterly from northeasterly line thereof" P.I.D. #33-117-23-41-0010 Note: The Planning Commission will also consider the request at its regular meeting on Tuesday, June 4, 1985 at 7:30 PM in the Council Chambers of the Shorewood City Hall. All interested parties are encouraged to attend both meetings. Oral and written comments will be considered at that time. City of Shorewood SANDRA KENNELLY City Clerk To be published May 20, 1985. 7 . . LEGAL NOTICE PUBLIC HEARING CITY OF SHOREWOOD NOTICE IS HEREBY GIVEN that the City Council of the City of Shorewood will hold a Public Hearing in the Council Chambers of the Shorewood City Hall, 5755 Country Club Road, Shorewood, Minnesota, on Monday, June 10, 1985 at ':/8:45 PM~or as soon thereafter as possible. The purpose of the Hearing is to "-...--~- consider a request by Scott A. Tompkins for a variance to alter and expand a nonconforming structure located at 20940 Ivy Lane, said property described as: "Lot 8, Block 7, Minnetonka Manor" P.I.D. #26-117-23-14-0022 Note: The Planning Commission will also review the request at its regular meeting on Tuesday, June 4, 1985 at 7:30 PM in the Council Chambers of the Shorewood City Hall. All interested parties ate encouraged to attend both meetings. Oral and written comments will be considered at that time. City of Shorewood SANDRA KENNELLY City Clerk To be published May 20, 1985. g MEMORANDUM TO: FROM: DATE: RE: FILE NO. BACKGROUND . . MAYOR Robert Rascop COUNCI L Jan Haugen Tad Shaw Kristi Stover Robert Gagne CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD. MINNESOTA 55331 . (612) 474-3236 PLANNING COMMISSION, MAYOR AND CITY COUNCIL BRAD NIELSEN 23 MAY 1985 HOLMBERG, PETER - SIMPLE SUBDIVISION 405 ( 85 . 1 7) Mr. Peter Holmberg has requested approval of a simple subdivision and lot combination to rearrange the property lines between the lots loca- ted at 5955 Cajed Lane and 27055 Smithtown Road (see site location map Exhibit A, attached). The applicant proposes to straighten the Idt line between them as shown on Exhibit B, attached. The property is located in the R-l, single-family residence district. Parcel A is occupied by a single-family dwelling and two outbuildings. Shorewood sewer records indicate that Parcel A contains approximately 21,780 square feet in area. Parcel B is occupied only by an old barn at the rear of the lot and contains 39,640 square feet of area. ANALYSIS/RECOMMENDATION As can be seen on Exhibit B, the proposed division/combination consists of trading two triangles of land. Not only is this considered accept- able, but desirable. The elimination of a gerrymandered lot line makes both lots more useable than their current configuration allows. It is worth noting that both lots are substandard in terms of lot area. This is mentioned because the northerly triangle to be traded is nearly 600 feet smaller (1400 square feet) than the southerly triangle (1998 square feet). The result is that Parcel A, the smaller of the two lots, will be made even smaller. The City may wish to require that the new lot line be shifted so that the triangles are equal and neither lot is reduced in size. None of the buildings on the property conform to the rear yard setback requirement of the R-l district. Since the building already exists, it is sufficient to know that the existing nonconformities will not be increased. A Residential Community on Lake Minnetonka's South Shore 9 . . PLANNER'S MEMO . HOLMBERG SIMPLE SUBDIVISION 23 MAY 1985 page two When Afton Meadows was originally platted, drainage and utility ease- ments were provided along the easterly and southerly sides of Lot 17 (Parcel B). Since these have nearly the same impact on the buildable area of the lots as the current lot configuration, it is recommended that the easements be reestablished along the new lot line. The City Attorney should comment on the procedure for changing the easements. Based on the preceding analysis, it is recommended that the proposed division/combination be approved subject to the following: 1. The new lot line should be adjusted so that neither parcel is reduced in size. 2. Drainage and utility easements should be redrawn based on the new lot line and consistent with the procedure specified by the City Attorney. BJN:rd cc: Dan Vogt Glenn Froberg Sue Niccum Peter Holmberg Pr.,put~ r<) (\J (t' I'- f) ....~ ~ .'. -::" 1-<"; '...J Ui Ui .., I)' .... ... '" <l!: (e l" Q~t~r\ ~ \..~ .:t .. ..li Co' ~ . . ~ on " ~, 3 I' \,~) 12e . '. ", .. ", . '. a - .... " .., ~) .~ ,<It, ~) " t' . i r. . : .; :-, \.~.:-::. -~ ~,. -.,;, Is( J') ...~ '., 2 ~~j~ l,I) ~ I :. !:- - .. ., - .. .... : " . ~ .:.:: ~..J~~VERLV- ;;:!'. =1 ~1,) , ;it \"').., I ........ ..... 2 ..... ..:.; (I)) . ~ ~ ~~ ,.. . .~ ' ~'1) ~.... 16 ' . . .. . - . - - "...;~ ,\ , V I!', ~, ~o. " (S) loa ij~' .,. - . - . :" t ~ 1 I A~ I I "1/ ~: i..3 I~~~: I 11 ,,~ I , , , I ~\ ". '" 4 ;w'4' " :~IJ' ~...."la 2 ~)' ~ : ....' .... I 1&1 > - _ II: 1: Q 01 _ l~ s . -. I ~ e:' ~ ,~ "- ... ~ 1!;'-"~ _ ~~ ...... 'J ....' 'I~ ~.:' I; I.. I'" '" " := I~ I I W I', ~\ e .,,\\./ 'A~ ,,...- ~::\' .~ . 17 ~O) .,Jr- N~'" -;- .... ... 'j'il L 4 (1) ~. V' ~. J.e..' .J . .' i~ / I' ..,. ..1 7 -. . " (II) 1 I ." :\ ," 1.3 12 ~ t' .,.. ., I I ';' T= I I .1 . o I , :~) ~I ~). (1.) I "," I-Y'.',.a~~ . lI.. I ,,~:~. (~) C?),- ' (l) .' b-- \\>. II! C'" . .. ..-. -- ,~- -'---i)RIVE . ~. .. I.~ '.~' . & 't, . ~ ~ t:) 01 '" ,,' '" ...., " ~ B : '. -'" -.1:" ~ ... " -.... . , I .. i - ... fJ , I ,I '1 ui- -- - - - ~ .~ . , - I~i .JI ;. d . ' *):' " ~'J ;"'.,1';' ;" 1'~4~ ~. (tV 't 1#1' ,.' (") 64) 6 ., '4 8 - .,. I . . ~. . " :. ;.~ l{, ... ..... . - ., - t-- .. Ii ~.' Ii'"tl'-' :, ~G . . .; .. . " '.. > I:' . " - Exhibit A SITE LOCATION Holmberg lot division/combination " IV') . . C\J I t- " ..c >.~ I ~ .... 1\/ B ::s L. ('1"\ 't1 OJ >. 't1 en c .0 m c :J 0 :I 0 .... '0 Ii '0 ~ Q) ~ L. m <> L. 0 Q) 4l ::r III >-i >. :l: V) CO 0. 4) Cll ~ 0- G1 ~ > 0 r... ~ ~ L. Cll L. If'\ ;:) 0 ~ o...c ::l ll' ~ IT) c... .. V) t- ..... -u G1 ::r IT) I'.j >. 1lOCZ: :- c c L. Cll '0 '0' en 11: L. en c ..0 iii :J C C L. > IL' ,~ L. -X l\l j .0 L. .0 i\J (I) :l: iI ~ L. >. <<l U ;.>>. ::l E ..c D Cll Q) ~ Z eG1 l/) .... -X ~ .;: e e > ;;;: '0 0 H ~.. > <> () >. '-' iii L. a C en l' C ,- :I: 0 r... ~ .., C ::l 'M Cll Q) IlO -:I :; .... 0 c a. 0 IT) ." e tl .r/) ~ '00 ::l Q,; L. 'M L. C 0 a: 0 ~ Q) cz: -u 0 U" H ~ > Q) .... u I uu 0 ..: -3 c L. :Ii :l: ~ C e .Il - c- :z ..c Q; ;;;: :z IlOCCll41 () '-! C +-' a. 'M c... f-' I to. ...-4....J a:: '... ..: il.J '... ;; ::l IlO C u.. I a.> ~ C '- <1- +-> ..c a. 1J ..: 'r. C [L. ~I.o c...'O..., a. ~. ~ ;:; ~ ..: '] W Cll G .jC0C:l: ~ , c '.J ,C ..:> .., U o c ~ L. L. '0 e ' - c c ..: <> .... ~ L. V 'J .:: - v ~ Cll '-i ~ c: .r!; G1 L' c... <<l :I: I(fJOfr >, - > en u:. a:L..lC: '- .... '-i Q; ~ '0 U v :z CQ)-J ..: ..c 0 0::: L. >''0 +-> 0 'O- tIC >lJ e 4l a: L.!lOC L. .... 0 o ~ ~ - ~ L. ~ 0 a ~~~ >, ~ ..:> . ..0 U CIl CI) ., e .... ;J ..., L. ::: !lO <<l 11 <I) .-I ..c L. a: 0 '" ',. ... '" ~ ~ " " " ~.. " '. IlJ :t N , 'II . :J. .,.. '" ~UD7 p.,.Fb;) '\ Exhibit B PROPOSED DIVISION/COMBINATIOt ',. MEMORANDUM TO: FROM: DATE: RE: FILE NO. . . 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 MAYOR AND CITY COUNCIL BRAD NIELSEN 6 JUNE 1985 I.C.O. SIGN PERMIT 404 (General) Mr. Tom Wilharm, o_~er of the I.C.O. gas station located at 5680 Manitou Road, has requested a sign permit to erect a new wall sign on the east side of his building. Exhibit A shows the applicant's sketch of the proposed sign. Accurate dimensions are shown circled. The proposed sign is an internally lit, canister-type sign, measuring 17' x 3' (51 square feet). Existing signage on the property is as follows: - freestanding I.C.O./price sign - 5' x 5' - 25 square feet - gas price sign and cigarette ad sign (dimensions not known) - billboard (dimensions not known) - various window signs (sizes not known) - cigarette ad portable sign - 3' x 4' - 12 square feet The property in question is the first to be processed under the ne~ Zoning Ordinance. Based upon the requirements of Section 200.03, Subdi- vision 10, the property is allowed to have three signs totalling 112.5 square feet in area (the building silhouette is 1125 square feet in area- .10 x 1125 - 125 square feet). Twenty-five percent (28 square feet) of the allowable 81page ..y be used for advertis1ll1. A . Residential Community on Lake Minnetonka's South Shore .' .. . . MEMORANDUM TO MAYOR AND CITY COUNCIL I.C.O SIGN PERMIT 6 JUNE 1985 Page 2 - 2 - In order to comply with the new sign provisions, the following must occur: - the new wall sign may be erected the existing freestanding (pylon) sign may remain - one additional sign on the building or in the window may remain - the portable cigarette sign must be removed from the site - the banners must be taken down It should be noted that the billboard is protected by State law. Also, labels and informational signs (warnings, et.) are not counted against the allowable signage. BJN: rd cc: Dan Vogt /lIpAs .. I 19 C' Rp-.~ P'I / '"~ f'>.L ee , I 51 eN J I I 0-,,' rR.~NT ~F $.1../:>6-. Ii.~ \' V.' . > 1\. .., 1.l ff--r '. /.-")G.\ " ~,'(;, \;~/oe 17 :t.' ~ '=. .1-) D " T_. ....'\'. ,,./ \ , '\, , ' \ "'" ,\ $RE'M\tIJ~:N ('. C> 1i F- i s~ s; ) ( S J 6- "'I '-- " ~ L. IH. \. I ~ c~--_._------- ~ ~ --<' " -~ ~ -z,/" s .... ./ .j <~ fV'I c: ) .--- C} 0 5'floRE Jt..1...?oD ~ BfEfJ 0 - /Vi /I.- k -SN~Q J\ S ~..,,--- S~ if l( 3,-'f ---.--...---- )~-'J:r-- '; 00 )( 3 '0------ , -'-.- --~- -- -- ~ ~, 171x-3' .-.-,"--------..-.. f~E.>E.1v1 5/ 6-N..s --. ~ 52 IN. < .... ~ ~ \" --..... ~ ,';) ./ ..J M 2' .... " (V. C" '\ ~ _/::::._--~--- ..--........ 5'".1 "x.3"" i '\,'- ..../ .....~"----'--~--._--_..~----,-..... . :::I't! 0 L. f!) ~ 0 "'1-- p~, Q E S-;=7 'X S- rT, C I {;.. ,fJ ReI' ~ >/{,.^I ul\ibit A 516-^I :1:x ~ rl . . MAYOR Robert R~op COUNCI L Jan Heugen Ted Shew Kristi Stover Robert Gagne ADMINISTRATOR Deniel J. Vogt CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD. MINNESOTA 55331 . (612) 474-3236 MEMORANDUM TO: MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 5 JUNE 1985 RE: WESTLAWN II - FINAL PLAT FILE NO. 405 (85.01) George Larson has submitted his final plat for West lawn II. The City Engineer and I have reviewed the plat and found it to be consistent with ~he preliminary plat which was approved in April of this year. Subject to payment of park dedication fees ($500 x 4 = $2000), it is recommended that the final plat be approved. The applicant should advis~ the City Clerk as to how the sewer assessments on the- property should be spread. Finally, the plat should be filed within 30 days of the applicant's receipt of the Council Resolution approving the plat. cc: Dan Vogt George Larson A Residential Community on Lake Minnetonka's South Shore II \. . . MAYOR Rescop COUNCI L Jen Haugen Tad Shaw Stover Gagne ~INISTRATOR Daniel J. Vogt CITY OF 'SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 e(612) 474-3236 MEMORANDUM TO: MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 5 JUNE 1985 RE: HEILAND - SIMPLE SUBDIVISION FILE NO. 405 (84.17) In August of 1984 the City approved a subdivision for Jim Heiland at 25605 Smithtown Road. Apparently due to title questions, Mr. Heiland was unable to obtain easements as required by. the City for drainage and ut;ility eas€ments. Having resolved those problems, he now requests that the City release the Council Resolution from August 1984 so that he may record the division. There is a minor problem in that the Resolution is dated August 1984 but the development agreement and certification would be dated 1985. So as not to create a problem in recording the division, it is suggested that the Council reapprove the division so that the dates on all three documents are consistent. If there are any questions relative to this matter, please do not hesitate to contact my office. cc: Dan Vogt Glenn Froberg Robert W. Reutiman, Jr. A Residential Community on Lake Minnetonka's South Shore I~ ~- . . RESOLUTION NO. -85 BE IT RESOLVED, that the Council of the City of Shorewood, Hennepin County, State of Minnesota, has approved the request of Jane C. and James Heiland of 25605 Smithtown Road to combine and divide their properties identified for tax purposes as PID t 33-117-23-23-0025, PlOt 33-117-23-23-0026, and PlOt 32-117-23-14-0042 into three (3) parcels as described in attachment Exhibit A. 1) Parcel A 2) Parcel B 3) Parcels C and 0 in combination. FURTHER BE IT RESOLVED, that Jane C. and James Heiland have agreed and must comply with the attached signed Development Contract. FURTHER BE IT RESOLVED, that any and all Park Fund fees and any additional assessments that may be required because of this division be accepted and paid. ADOPTED, this the day of , 1985. by the Council of the City of Shorewood, Hennepin County, State of Minnesota. Sandra L. Kennelly City Clerk .reet "umber &\ ~ame . hl"llli t II 'Pel"lllit Pee Plan Check }Pee State Surcharge lIetro S.A.C. SUBTOTAL Sewer Permit # Water Permi 1. II TCl'AL ~qqn ~tr~wh~rry T~na Penni 1. for: Wew Construction o G o o Date Paid Remodel or Add Well Permit # Fire Repair (For Office Use only) WARNING Before digging call local utilitie:; lELEPHONE. ELECTRIC. G"S Ele. '!r:QUlR!=r) BY lAV,i 1'rbpeny O"wner: 9TY 01" SHORE\~OOD BUILDING ~m:IT APPLICATION NameJane E. Kline Adires~ 5990 Strawberry Lane Contractor: N&r.1e myself A~d.ress . $ $ S $ $ $ $ AClJu.81oea '-.C s s s s s Date 6/5/85 Telephone 645-39'(H- - Telephone approx. 2 acr~ lot--~rox. 140' x n?4' 1. Lecal Description of Property inclullng Street Address if kno...'n: Flot Plan: Attach plot plan of lot showing location of any proposed or existinb buildings on same with respect to boundary lines. Show on plan present or proposed location of water supply facilities and water and sewer supply piping. Plot plans are to be certified by a surveyor. Disposal of surface water must be Bho,~. Soil Bearinb Test may be re~uired at fo~~dation level by a minim~ of two borings by a Professional Civil Engineer. l~anes and Addresses of Su'o-Contractors or Installers of: 1. Construction Abel Fence-~St. Paul 2. Sanitary Sewer Connection: 3. \;e11 and Water Supply System: Construction InfolW.ation: 1. Estimated value of work for which permit is requested, not including value of lot. $750.00 · 2. ~ of work to be done: (prame dwellin<<, remodel, other.) install fence 3. Attach copy of working 4rawings for which constNction permit is requested. 4. Attac~ domestic water supply specifications if improvement includes vell. ... ...... - /3 tL-- ~ ~ ~ t .~ <5.- ~~ if ~~ \ct;$-~ ~~ 0" \~ O-~~C ~~o fv\.\~ \~e.s<2.\\~ ~ cyryfC'\.\~ \C~(h Cl ~\.~!\O ~ \()L~ eft- ~ ~~~ ~ L\~~' lol\ \ \&t> ~~ ~ k~ OAP- l--- ~ ---r l , , f I , I t · I I J l I \~~ ~~ <( ~F' ~o\ ~ ~\O'\.. 30' ~ ., ~ ... t. o ~ "-2. '0 ~ .... ,-.... . 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I d fo ...... -:::" ~ " 471.l~ ., -- ~ r.: e, '" 0,; (;') "'p ~ ~ .... 0 (1\ -z. ~ - DRIVE a. I I' I~ 1+ ~ I' --' : I ... I, I "'I!._~L_L__ ~I '01 I l~ I~ I " ..;:!. z o . I I I l.- .. o .. '-> ... :.. f\) ~ ~ 0, '" ... ~ ... 5 -1 .. ,........, ~ ~ <5 -~ '.. Q:l -v~ ~ ~ .',.,~~ \P ,- . ~ I -J__ F I I I -___L .. -..: r i.J -I ,\ r- ... _/ I I I, ..:: f' 11i - . 0 ~ :'l/,'NP,(~RY ; -. ,. .. I ,;,;: -:-- .' --0 .. ;:: ~ '" C r..; ,-. ~ ~ ~ '. 1;--: " ~. . ~ ;-..0 (::) :)$ ~ '6 ~ !; : . I.': t, O. t. "Oo .: ~ III 0....' or c.... A .,.~..,.,.,,.. , ..l', ,'1'" lot; , r o -1 /' ::: -LUnOc.REn .8 RorCONSTRUCT'ON ~.INC. - ~ . 935 EAST WAYZATA BOULEVARD. WAYZATA, MINNESOTA 55391 . (612) 473-1231 June 5, 1985 Mr. Dan Vogt City Administrator 5755 Country Club Road Shorewood, MN 55331 Dear Dan: Last month I went officially before the City Council of Minnetonka in their work session to request temporary water for our Near Mountain site. I requested the identical temporary water service which Trivesco has requested. This is temporary water service for up to 90 units for a period of not to exceed 4 years. We have already had a water feasibility study performed which demonstrates that the City of Minnetonkahas adequate water capacity to supply both our project and Trivesco's. The City of Minnetonka's Council told me that I must have a letter from the City of Shorewood officially requesting this temporary water service for our Near Mountain site from the City of ~1i nnetonka. You have already provided Trivesco with this type of letter and I need a similar one. I will appreciate your cooperation in this. ~ Peter Pfl aum President PP/pm /1 . Eric P. Canton 2495 Willow Drive Hamel, MN 55340 . REC'O J UN 3 1985 Mr. Brad Nielsen CITY OF SHOREWOOD Shorewood, MN 55331 Dear Mr. Nielsen: Please extend the approvals received by the Covington Vine Ridge Group in behalf of the Covington Vine Ridge Development. Planning is now under way that will permit us to submit documents for final plat approval shortly. Your continued cooperation is appreciated as we move through the process. Thank you. Very truly yours, COVINGTON VINE RIDGE GROUP r7 /~~ .J -- ~/ : ~"'-::-.-' ' _ ~<, ~ d"> -- Eric P. Canton Managing General Partner J~ . . _________ Consulting Planners One Groveland Terra!;.~ ____1-6121~.?1-~~3~ _ ______ ______ _____ _______u Minneapolis _________ _ _ _______h _______________________________ Minnesota 55403_ _u _ ___ Dahlgren, Shardlow, and Uban/lncorporated 23 May 1985 Honorable Hayor Members of the Council CITY OF SHOREWOOD 5155 Country Club Road Shorewood, Minnesota 55331 RE: Shorewood Oaks Development Ladies and Gentlemen: On behalf of Shorewood Oaks Development, Inc. I am requesting an extension of the effective time period for the preliminary plat. As you know Shorewood Oaks received preliminary plat approval on 11 February 1985. The developers must submit for final plat approval within six months of the preliminary plat approval. The effective period of the approval ends 11 June 1985. The developers are requesting a six (6) month extension on the effective time period to allow more time to complete engineering drawings, and to discuss storm water ponding with the Parks Commission. Thank you for your cooperation. Si CerelY~ . IM~t1n. ASLA \ cc: Dave Johnson Ray Brandt IS'/; A Residential Community on Lake Minnetonka's South Shore !.f'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: FROM: DATE: MAYOR AND CITY COUNCIL BRAD NIELSEN 6 JUNE 1985 RE: ZONING ORDINANCE ENACTMENT FILE NO. 405 (General) According to the City Attorney, the City must publish a title and summary of the new Zoning Ordinance in the official newspaper in order to enact the new Ordinance. The summary must be approved by the City Council prior to publication. As the Council packets are being sent out, the summary is not yet completed. While I normally try to avoid delivering items at the meeting, it may be necessary in this case. If you have any questions, feel free to contact my office. EJN: rd cc: Dan Vogt . . . ORDINANCE NO. AN ORDINANCE GRP.NTING A FRP~CHISE TO CONSTRUCT, OPERATE AND MAINTAIN A WATER SYSTEM IN THE CITY OF SHOREWOOD, SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF FRANCHISE; PROVIDING FOR CITY REGULATION OF THE WATER SYSTEM; PROVIDING AN OPTION FOR TAKE-OVER BY THE CITY OF SHOREWOOD; AND PRESCRIBING PENALTIES FOR THE VIOLATION OF ITS PROVISIONS. The City Council of the City of Shorewood does hereby ordain as follows: SECTION 1. TITLE. This Ordinance shall be known and may be cited as the Water Franchise Ordinance. SECTION 2. DEFINITIONS. For the purpose of this Ordinance, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory ~nd not merely directive. 2.1 "City" is the City of Shorewood. 2.2 "Company" is the grantee of rights under this fran- chise as follows, namely, Trivesco, a partnership consisting of Steiner and Koppelman, Inc., Robert H. Mason Homes, Inc., and Highland Properties, Inc. 2.3 "Council" is the City Council of the City of Shorewood. 2.4 "Person" is any person, firm, partnership, association, corporation, company or organization of any kind. 2.5 "Trunk Water Supply and Storage Facilities" includes well, pump and motor, pump house, water main and 50,000 gallon elevated tank. 2.6 "Complete Water System" includes all pipes, accessories and other fixtures, including the Trunk Water Supply and Storage Facilities, necessary or proper for the maintenance and operation of a water distribution system in the City. SECTION 3. GRP.NT OF AUTHORITY. There is hereby granted by the City to the Company the right and privilege to construct, erect, operate, and maintain in, upon, along, across, above, over and under the streets, alleys, public ways and public places now laid out or dedicated and all extensions thereof and additions thereto a complete water system in the City of Shorewood. This franchise and grant of authority is given in respect to the following described area in the City of Shorewood: /~ . . All of the area within the boundaries of the preliminary plat of Water ford as approved by the Council on September 10, 1984, a copy of which preliminary plat is on file in the office of the City Clerk, and in addition, areas outside said plat, including Covington Vine Ridge, Silver Ridge Development, Johnson lots, and other adjoining lots if said property owners request to be connected. The right to use and occupy said streets, alleys, public ways and places for the purposes herein set forth shall not be ex- clusive and the City reserves the right to grant the similar use of said streets, alleys, public ways, and places to any person at any period of this franchise. SECTION 4. COMPLIANCE WITH APPLICABLE LAWS AND ORDINANCES. The Company shall at all times during the life of this franchise be subject to all lawful exercise of the police power by the City and to such reasonable regulation as the City shall here- after by Resolution or Ordinance provide. SECTION 5. COMPANY LIABILITY INDEMNIFICATION. It is expressly understood and agreed by and between the Company and the City that the Company shall save the City harmless from all loss sustained by the City on account of any suit, judgment, execution, claim or demmdwhatsoever resulting from negligence on the part of the Company in the construction, operation or maintenance of its water system in the City. The City shall notify the Company by registered mail addressed to the follow- ing address: Trivesco 14201 Excelsior Boulevard Minnetonka, Minnesota 55345-4997 within 90 days after the presentation of any claim or demand, either by suit or otherwise, made against the City on account of any negligence as aforesaid on the part of the Company. SECTION 6. LIABILITY INSURANCE. At the time of acceptance of this franchise, the Company shall procure the issuance of and keep in force at all times thereafter during construction, maintenance or operation of the system or any part thereof by the Company, single limit public liability insurance in the amount of $1,000,000. Said policy of insurance shall be issued by an insurance company authorized to do business in the State of Minnesota and approved as to form by the City Attorney. Said insurance policy shall provide protection to the City in accordance with the indemnification provision above. A certificate showing such coverage shall be filed with the City Clerk at the time of notification by the Company of acceptance of the franchise. -2- . . SECTION 7. CONSTRUCTION. It is contemplated that the Company shall construct the complete water system in the area stated in portions as platted. Prior to the construction of the Trunk Water Supply and Storage Facilities, the Company may obtain water from the City of Minnetonka pursuant to the provision of that certain Agreement for Water Service between the City of Shorewood and the.City of Minnetonka dated During the period of such service, the Company will be bound by all of the terms and conditions of such Agreement. In advance of the start of construction of each portion of the system, the Company shall submit to the City Council, in duplicate, complete plans and specifications for the portion proposed to be constructed. Such plans and specifications shall be examined by the City Engineer and shall meet the reasonable requirements of the City Council and the City Engineer and no construction of said portion of the water system shall be commenced unless and until written notice of approval by the Council has been furnished by the City Clerk. SECTION 8. LETTER OF CREDIT; CONSTRUCTION. At the time of acceptance of this franchise, the Company shall deposit with the City a Letter of Credit satisfactory to the City. Such Letter of Credit shall be retained by the City and shall continue in effect during the construction period of the Trunk Water Supply and Storage Facilities and expire one (1) year after the City's final acceptance of said Trunk Water Supply and Storage Facilities. The amount of the Letter of Credit shall be equal to one hundred fifty percent (150%) of the estimated cost of construction of said Trunk Water supply and Storage Facilities as approved by the City Engineer. The Company shall pay all reasonable attorney's fees and costs incurred by the City in defense of or enforcement made by any rights of the City under said Letter of Credit. SECTION 9. SERVICE STANDARDS. The Company shall maintain and operate its water plant and system and render efficient service in accordance with the reasonable rules and regulations as may be promulgated by the City Council. All water shall be supplied through meters which shall accurately measure the amount of water supplied to any consumer and the Company shall, at any time when requested by a consumer, make a test of the accuracy of any water meter. Whenever it is necessary to shut off or interrupt service for the purpose of making repairs, adjustments or installation, the Company shall do so at such time as will cause the least amount of inconvenience to its customers and unless such repairs are unforeseen and immediately necessary, the Company shall give reasonable notice thereof to consumers. SECTION 10. COMPANY RULES. The Company shall have the authority to promulgate such rules, regulations, terms and conditions governing the conduct of its business as shall be reasonably necessary to enable the Company to exercise its rights and per- form its obligations under this franchise and to insure an uninterrupted service to each and all of its customers. It is provided, however, that such rules, regulations, terms and conditions shall not be in conflict with the provisions hereof -3- . . ~ or of laws of the State of Minnesota and such rules and regula- tions, terms, and conditions shall be subject to approval of the City Council. SECTION 11. PERFORMANCE ESCROW. At the time of acceptance of this franchise, the Company shall set up an escrow account under terms and conditions acceptable to the City. Said escrow account shall be maintained during the entire period of this franchise in an amount not less than $ 10,000.00 and shall be conditioned upon the Company's compliance with all the terms of this franchise and the reasonable regulations by the City Council and conditioned upon the continued supplying by the Company of an adequate and safe water supply to the customers and users of the water system and upon the proper maintenance, operation, and upkeep of the system. SECTION 12. RESTORATION. In case of any disturbance of pavement, sidewalk, driveway, or other surfacing resulting from the maintenance, operation, or upkeep of the complete water system, the Company shall at its own cost and expense and in a manner approved by the City Engineer, replace and restore all paving, sidewalk, or driveway surface of any street or alley disturbed in as good condition as before said work was commenced and shall maintain the restoration in an approved condition for a period of one year. SECTION 13. RELOCATION. In the event that at any time during the period of this franchise the City shall lawfully elect to alter or change the grade of any street or alley or other public way, the Company, upon reasonable notice by the City, shall remove, re-Iay, and relocate its pipes, tubing, and other fixtures at its own expense. SECTION 14. COSTS. The Company shall pay to the City all reasonable costs incurred by the City in examination of plans and specifications, policing construction, preparation of legal instruments and documents, and publication of this franchise. SECTION 15. PREFERENTIAL OR DISCRIMINATORY PRACTICES PROHIBITED. The Company shall not as to rates, charges, service facilities, rules, regulations, or in any other respect make or grant any preference or advantage to any person, nor subject any person to any prejudice or disadvantage; provided that nothing in this franchise shall be deemed to prohibit the establishment of a graduated scale of charges and classified rate schedules to which any customer coming within such classification would be entitled. SECTION 16. RATES -- INITIAL. The Company shall be entitled to charge water users a fair and reasonable rate for the furnishing of water. Initial rates are established as follows: $19.50 for the first 13,000 gallons used, plus $1.00 for each one thousand gallons (or fraction thereof) used thereafter. In addition to the metered charges above, a trunk service charge of $20.00 per quarter will be imposed against each user during the period that the water service agreement with the City of Minnetonka remains in effect. -4- . . SECTION 17. RATES -- CHANGES. The rates above provided shall continue during the term of this franchise unless and until a change in costs makes it necessary for the Company to increase rates in order for the Company to produce a reasonable return of 6% on unrecovered costs as provided in Section 21 hereof, or unless and until a decrease in costs warrants a reduction in rates so that the Company shall produce no more than a reasonable return on its investment. If the Company desires to increase rates as above provided, it shall file with the City Clerk, at least 90 days prior to the date the grantee desires to have the new rates become effective, a schedule of the proposed increased rates. Such new rates shall become effective on the date requested by the Company unless disapproved by the City Council before such date. If the proposed rates are disapproved by the Council, the rates then in effect shall continue in effect. SECTION 18. HYDRANTS. The Company shall install and maintain hydrants as part of its water distribution system for the purposes of fire protection. Said hydrants may be used by the City in the performance of its governmental functions without charge and as a part of the consideration for the issuance of this franchise. SECTION 19. REPORTS. The Company shall file with the City Council annually a copy of its annual report for the preceeding fiscal year, together with a balance sheet and income statement, for the operation by the Company under this franchise. At the request of the City Council at any time, copies of income tax returns filed with the Federal Government shall be furnished by the Company to the Council. SECTION 20. GRANT TO CITY -- FORFEITURE. Upon the forfeiture as provided in Section 23, the City at is election and without any costs, shall have the right, power, and authority to obtain and take over the complete water system. In addition thereto, the City shall have the right to any remaining balance in the escrow account maintained by the Company pursuant to the provisions of Section 11 herein. Upon the exercise of this option by the City by the service of an official notice upon the Company to that effect, the Company shall immediately execute such deeds or insturments of conveyance to the City as shall be required to convey to the City title to the property in fee simple, free from any and all liens and encumbrances. The Company shall make it a condition of each contract entered into by it with reference to operations under this franchise that the contract shall be subject to the exercise of this option by the City and that the City shall have the right to be substituted for the Company as a party to any such contract and shall have the right to succeed to all privileges and obligations thereof at its option. SECTION 21. SALE TO CITY, END OF TERM OR DURING TE~~. At the expiration of the term of this franchise or at any time during the term of this franchise, the City at its election and upon the payment of an amount as hereinafter provided, shall have the -5- . . right to purchase and take over the complete water system. In addition thereto, the City shall have the right to any remaining balances in the escrow account maintained by the Company pursuant to the provisions of Section 11, providing that such election by the City to take over the complete water system is made after a period of five years from the date of acceptance by the City of the Trunk Water Supply and Storage Facilities. Upon the exercise of this option by the City by the service of an official notice upon the Company to that effect, the Company shall immediately execute such deeds or instruments of conveyance to the City as shall be required to convey to the City title to the property in fee simple, free from any and all liens and encumbrances. The Company shall make it a condition of each contract entered into by it with reference to operations under this franchise that the contract shall be subject to the exercise of this option by the City and that the City shall have the right to be substituted for the Company as a party to any such contract and shall have the right to succeed to all privileges and obligations thereof at its option. The amount to be paid by the City to the Company as provided in this Section shall be based on the original estimated cost of the Trunk Water Supply and Storage Facilities ($390,000.00) amortized over the total anticipated water connections (300), plus carrying charges, and shall be the sum of the two figures obtained below: a) The difference between 300 and the actual number of water connections completed on the date of the City take over, multiplied by $1,300.00; b) A carrying charge on the figure obtained in a) above, figured at the rate of 10% per annum from the date of final acceptance of the Complete Water System by the City to the date of the City take over. The figure for the total anticipated water connections (300) set forth above is the result of the approved platting of the property described in Section 3 herein. In the event that a re-platting of any of the areas described therein materially alters the number of anticipated water connections, a corresponding adjustment shall be made to such figure and the amount to be paid by the City to the Company recalculated based upon such adjusted figure. Those components of the Complete Water System constructed and installed prior to the acceptance of this franchise by the Company will not be a subject for future assessment to the benefited properties, unless additional benefits are subsequently provided to such properties. SECTION 22. INSURANCE SYSTEM. The Grantee shall at all times keep the water tanks, pumps, pump houses, and other insurable portions of the system or any part thereof, insured by and insurer approved by the City Council against the perils of fire, wind- storm, and other coverages set forth in the standard extended coverage endorsement, to the extent of the replacement costs thereof, and shall file a certificate of such insurance with the City Clerk. Such insurance shall be payable to the Grantee and -6- . . to the City as their interests may appear, and the Grantee shall be obligated to use the proceeds thereof for the repair or replacement of the damaged or destroyed property, to the extent necessary to so repair or replace such damaged or destroyed property. SECTION 23. FORFEITURE. Any violation by the Company, its vendees, leasee, or successors of the provisions of this franchise or any material portion thereof, or the failure to promptly perform any of the provisions thereof, shall be cause of the forfeiture of this franchise and all rights hereunder. Such forfeiture shall be instituted only after written notice to the Company by the City and a continuation of such violation, failure or default. In addition thereto, any person, firm or corporation violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor and punished accordingly. Each day of such violation shall constitute a separate offense. SECTION 24. EFFECTIVE DATE. The franchise and rights herein granted shall take effect and be in force from and after the final passage hereof as required by law, filing of acceptance by the Company with the City Clerk and publication; and shall continue in force and effect unless otherwise terminated for a term of 10 years after the effective date of this franchise. The City, at its sole option, shall have the right to renew this franchise for an additional ten year period, in which event the Company shall be required to perform the franchise under the same terms and conditions as provided in this Ordinance and the Amendments thereto. This franchise shall be deemed null and void unless an acceptance has been filed within 14 days after notification to the Company of passage. Robert Rascop, Mayor ATTEST: City Clerk -7- /" . . ~ ORR .SCHELEN. MAYERON & ASSOCIATES, INC. Consulting Engineers Land Surveyors June 4, 1985 City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Attn: Mr. Dan Vogt, Administrator Re: Street Project No. 85-1 Conun. No. 3643 Dear Dan: Attached is a copy of the revised street cost re-cap sheet for Project No. 85-1. The revised street costs reflect the following: A) All streets to be an urban road section with the appurtenant storm sewer. B) S512 concrete curb and gutter alternate to the bituminous rolled curb. (Cost is followed by*) If you have any questions please call me. Very truly yours, ORR-SCHELEN-MAYERON AND ASSOCIATES, INC '~ames"p. f YJt~ (James] Norton JPN:llr 2021 East Hennepin Avenue. Suite 238 . Minneapolis, Minnesota 55413 · 612/331- 8660 17 ,. . . SHOREWOOD, MN. STREET COST RE-CAP PROJECT #85-1 3643 By: R. Cornell 4 June 85 LENGTH OF STREET STREET STREET TO STREET PROJECT COST 2700 ' Cathcart Dr. W. 62nd St.-Smithtown Rd. $550,000.00 $572,000.00* 925' Afton Rd. Cathcart Dr.-Smithtown Rd. $150,000.00 $157,500.00* Cajed Rd. Beverly Dr.-Smithtown Rd. $186,000.00 $195,000.00* Beverly Dr. Cajed Rd.-Cathcart Dr. $121,000.00 $130,600.00* 1020' 850 ' TOTAL PROJECT COST #85-1 1,007,000.00 $1,055,100.0C *project cost for a concrete curb and gutter alternate to bituminous curb. ,. ~ , ' , . ( . ~ o~ _/'--~. :: /,/ ' I i . IIAII / " · "( 42" END S. ECTIO U · W/ENERGY . DISSIPATER ~, / ~" " 24 END_ SECTION W/ENERGY DISSIPATER " ------- I , r-l--- -- _ _..J .- -----.. -- - I --~ 'j / , \ ,.~ --- . -- --._. _/ I I . i A.. i I , . I ~ -R- ~ '~: ~. I I " ,~ ! , ... I ,\ :0 , I e I I -L J- r---" -'I'" -- d -1-----.--T .1. ;. . I _ 4 ...-1. ~___ ".,_1-.. . I "'("'-''''.'--- -..-.- -1f/~ .1\1 r'" ". 11/ .~S Itr t'4 , \ \ 4,-,L:, v'r~S ____ _._ '!-12" ! T' . , I _..!.. -- ,- -... -,. ----.-.. ......--.- ,." ~''':''-' ... . .,,............-.-.-.-..-. -,~ .. '-~~ . '1 30" : 4 (\J ~ 7 l ,\ ,'2- . .,{- su \ ~l . r\\~ l~ \ I 21" _. 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Q) U I ~ ~ fz.o -Ie -Ie -Ie -Ie ... ~ ~ 0 0 0 0 0 ;::l en H" 0 0 0 0 0 t.I Ql ~ ~o 0 0 lI"t \0 .-I I "0 en P::M o, .. .. o, .g ;::l 0 U N lI"t ..... 0 lI"t r-l t.I Z ..... 0\ lI"t M lI"t en t.I 0 lI"t .-l .-l .-l 0 c:: 1-1 U <no <no <no <no o, Ql ..-l Ql .-I 't:l ~ <no ::l ~ r-l 0 en t.I c:: a c:: ..-l 0 1-1 ~ H 't:l 0 ~ en en en ~ I-l 0 ~ ~ en P:: I-l U en 0 ~ !;i! P:: 0 en r-l 0 ~ t.I 0 r-l H ~ t.I <: ~ >< Ql Ql ~ 0 en en fE fJ Z H Q) Ql 0 ..c: ..c: ~ ~ ~ H f;j H H H ~ -Ie 0 U U I:Q -Ie -Ie Z " . . ORR-SCHELEN-MAYERON & ASSOCIATES, INC.. 2021 E. HENNEPIN AVE. . SUITE 238 MINNEAPOLIS, MINN. 55413 CHANGE ORDER NO. .... .~.......... $. =-.2.~,9.1.~..f?P....... RE: SbpAeVOAq.8~~5. . ({!'!nls.Q ,. .l;q~!. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. Contractor .l~94. =-. .9JS!t .~VellJ.1.~ .~.E...................... .BlaiJ;leJl. Ml-{ . .55434...... . . .......... ........... Dear Sir (s) Under your contract dated .. Sep tember. .19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 19. 8~. with . ';rp.~ . <;:;i..t.Y. .Q~..~QQ~.~~<?9~..... .' ............ .................... Owner for .~aA:i.t~}:'y... . ~~:we:rJl. .l:1tom .$~W~~t, 13.~~~~~. .C:Q~~.t.r:~c;:~;1..QP. .~~9. ~P.P~~.~~~~nt; .~9.r.~~. r~~j~~~. .~4:-?. we are authorized by the owner to hereby direct you to .. ~P.tlS! nJ.l.~ t . ~.a.q:HFJ.r:Y . 13~Wer.. .. .. from revised M.H. 4-1A to M.H. 4-3A and M.H. 4-1A to M.H. 4-5A. With ........................................................................................... . . ~.". .1) ~ l...~! . ;1..11 . U.!'!.4 . Qt, .~'~ . r ..Y...G ~. ~114. ~.t,. ~. .g~~~.t;~~. ~.~P~P... . . (13.~~. ?~.t.~c:l:1~~. J?~~~ . .~114.~;1.~t;.9f.q~?~t;~~;i.~~~}..^~~9.~~+~~~.~~~~~&.~~~~~.~P~~.~~~~.~~~.~~.~~q~~~~d .9.tl . tl1;1..~ .p~pjec;:~. .4t,l~. .t.Q. +~y.i,Ei~QP. .~t).. ~J;ig~~p.t... . . . . .. . .. . ... .. . . .. . . . . .. .. .. .. .. .. . ..............................................0................................ 0............. ud to edckft (deduct from) the contract, In accordance with contract and specification, the sum 01 :r~~nt;Y7rA~e~=-.rl1Q~~.a.ql;l. ~.i,~ .l:I~p.41;'~~. .F:~f :t;~~P. .~~~~-:"77":-.-:-:-:-7":-:-:-.-:-:-:-:-:-6.0 1100 Dollars There will be an extension of ......Q....... days for completion. The date of completion of contract was . .7.t 1.. 19.85. and now will be ..7/.1..... 19 13.~... Amount of original contract ~ Total Additions Total Deductions .0. fI1 $83,611.78 c.o. 111$ 4,710.50 .0. #2 $ 5,600.00 c.o. #3 S12.628.00 c.o. #3 S36.243.60 Contract to Date $582,647.65 $643,533.33 Approved .......................... 19.... Respectfully Submitted, Owner ORR-SCHELEN-MA YERON & ASSOCIATES, INC. Fe< ..J:rN~fjJ~f""""" Approved .......................... II.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Contractor /7.6 .. , . . SANITARY SEWER, WATERMAIN, STORM SEWER, STREET CONSTRUCTION & APPURTENANT WORK PROJECT NO. 84-5 WATERFORD CITY OF SHOREWOOD, MINNESOTA CHANGE ORDER NO. 3 LIST OF QUANTITIES DELETE 360 L.F. Extra Cost of 8" D.I.P. Pi pe on PH i ng 3 - Extra Cost for Manhole on Piling 45 - Single Pile Bents 360 L.F. Excess Piling over 20' @ $24.51/L.F. = $ 8,823.60 @ $1700/EACH = 5,100.00 @ $ 400/EACH = 18,000.00 @ $ 12/L.F. = 4,320.00 TOTAL DELETE = $36,243.60 ADD 616 L.F. 8" D.I.P. @ $20.50/L.F.* = $12,628.00 TOTAL ADD $12,628.00 *Extra Cost for 8" D.I.P. in lieu of 8" P.V.C. installed in deeper cut south of Waterford Pl ace near ditch. See revi sed sheet No. 4 and attached 1 etter for extra cost. M.H. 4-1A to 4-5A and M.H. 4-1A to M.H. 4-3A. TOTAL DELETION TOTAL ADO NET DELETION $36,243.60 12,628.00 $23,615.60 . STREET Vine Street ':'_nthony Terrace Excelsior Blvd. St. Albans Bay Road S~ore Road Fatima Place Christmas Lane B!:".3nd Circle Lilac Lane Apple Road Bracketts Road Minnetonka Drive Elder Turn Lake Linden Drive Murray Hill Road Surnnit Avenue Ivlurray Street Cardinal Drive Orchard Circle Teal Circle Eureka :Road Club Lane Seamans Drive Pleasant Avenue Howards Point Road Pine Bend v-7oodside Road Kathleen Court Smithtown Road Maple :Ridge Lane SHORElvOOD, HN. SEAL COATING 1985 PROJECT NO. 85-2 Estimated Const./Cost +15%/Indirect Cost Total Project Cost .~ June 4, 1985 033-3655 LINEAL FOOTAGE 750' 400' 1,900' 3,750' 650' 500' 300' 350' 1,150' 1,750' 1,100' 2,000' 400' 1,550' 500' 800' 1,600' 750' 400' 400' 5,900' 800' 1,750' 450' 5,250' 950' 1,200' 400' 1,250' 400' 39,350' $47,571.00 7,129.00 $54,700.00 17~ f... .. MEMO TO: FROM: DATE: SUBJECT: . . MAYOR Robert Rasc:op COUNCIL Jan Haugen Tad Shaw Krist; Stover Robert Gagne ADMIN ISTRA TOR Daniel J. Vogt CITY OF SHOREWOOD 5155 COUNTRY CLUB ROAD . SHOREWOOD. MINNESOTA 55331 . (6121 414-3236 MAYOR AND COUNCILMEMBERS DAN VOGT JUNE 10, 1985 GARBAGE COLLECTION It is my understanding that over the past years garbage collection has been the subject of Council discussion on many occasions. Since your last meeting, I have been asked to compile information relating to this issue for discussion at your 10 June meeting. Let me first explain that it had been my intent to have this information to you earlier than this. However, the Finance Committee indicated that this issue would be a topic of their study and a recommendation would be forthcoming. To date, I have not received their findings. Contact with the Finance Committee relative to this issue will be made prior to your meeting. I am not sure how in-depth your discussions need to be on Monday night. Perhaps the most efficient way to handle the issue at this time would be to look at the alternatives, come to a consensus on one alternative, and direct staff to come back with a draft ordinance at a future meeting. ALTERNATIVES TO GARBAGE COLLECTION Garbage collection can be handled in five (5) basic ways. 1. Open Under this arrangement, customers hire a hauling firm to pick up their trash and pay the hauler directly. No rules, regulations, or licensing by the City exists. Any number of firms may compete for business in the same area. This is the system that Shorewood presently operates under. 2. Open with City Imposed Regulation and Licensing Under this arrangement, the customer can still hire a garbage haul- ing firm to pick up trash and pay the hauler directly. However, the City passes an Ordinance which regulates and licenses the refuse haulers. This would not restrict the number of firms in any given area. This arrangement would allow the City to impose certain restrictions on haulers as part of the licensing procedure. One such restriction may be to limit vehicle weights on designated streets during certain times of the year. A Residential Communitv on Lake Minnetonka's South Shore /%/J . . MAYOR AND COUNCILMEMBERS - 2 - JUNE 10, 1985 3. Franchise System In this system, the City would give a private firm exclusive rights to collect trash within a given area. This is done so haulers' routes don't overlap. The customer pays that firm directly for trash pickup. 4. Contract System Under this system, the City hires a private firm to collect trash within the City. The City would pay the firm directly for collec- tion at the rate determined in the contract. The resident would pay for the service through their taxes or utility bills. This system is presently used by Tonka Bay. 5. Municipal System In a municipal system, City employees pick up trash and customers pay for the service through their taxes or municipal utility bills. I have attached information received by the City from the League of Minne- sota Cities. The information provides a sample ordinance which includes the alternatives listed above. This sample may be adapted to fit our needs. The City may also add certain provisions as it deems appropriate. At this time, staff merely needs your direction as to which alternative for garbage collection you desire in an ordinance as well as any additional pro- visions you would like to include. We will then draft an ordinance for your review. DJV:rd Enc. ~ 't, . time and place of the hearing and the nature of the charges against the licensee. Comment: This section adopts the general principle - in most cases required by the Constitution - that th"e holder of a license or. permit is entitled to a hearing before revocation or suspension. Since other ordinances may provide for summary sus- pension where emergency action is re- quired, a phrase is included to take ac- count of such situations. This general provision is consistent with the explicit provision of the liquor law (MS. 340.135). Part 2. Refuse Collection and Disposal The following ordinance includes sufficient alter- natives so that, with adaptations where indicated, it can be used to provide for collection of refuse by municipal forces, by private contractors, or by licensees. 502.01. Definitions. Subdivision 1. Words and phrases. For the purposes of this chapter, the following words and phrases have the mean- ings given them in this section. Subd. 2. Garbage means organic waste resulting from the preparation of food and de- cayed and spoiled food from any source. Subd. 3. Recyclables include paper, plastic, tin cans, aluminum, motor oil, glass, and other metal goods, each separated or otherwise pre- pared so as to be acceptable to the recycling center where they are to be deposited. Comment: The definitions in this subdivision and subdivision 4 assume that facilities are available in or near the city where certain refuse collected in the city may be recycled. If recycling is to be permitted only for certain kinds of refuse mentioned in Subdivision 3, the list should be restric- ted accordingly. If recycling is not feasible or is to be prohibited, subdivisions 3 and . 4 should be omitted, the other subdivi- sions renumbered, and appropriate revi- sions made in the following sections. ,..-.. . Subd. 4. Recycling center means premises used for the receipt, storage, or processing of recyclables and approved as such by the council when the premises are in the city or by the gov- erning body of the local govemment unit hav- ing jurisdiction when the premises are outside the city. Comment: This assumes that recycling centers outside the city are regulated and appro- ved by county or town authorities. If this is not the case, the council may wish to modify the language. Approval by the health officer or other appropriate officer may be substituted. Subd. 5. Refuse includes garbage and rub- bish. Subd. 6. Rubbish means inorganic solid waste such as tin cans, glass, paper, ashes, sweep- ings, etc. Comment: Some definitions of rubbish ex- clude some or all of the following: stone, sod, earth, concrete, contractors building materials, large automobile parts, large appliances, inflammable liquids, tree trunk sections over inches in diameter, articles so heavy or bulky that they can- not be handled by one person. 502.02. General regulations. Subdivision 1. Unau- thorized accumulation. Any unauthorized accu- mulation of refuse on any premises is a nuisance and prohibited. Subd. 2. Refuse in streets, etc. No person shall place any refuse in any street, alley, or - 88 - . public place or upon any private property ex- e cept in proper containers for collection. No per- son shall throw or deposit refuse in any stream or other body of water. Subd. 3. Scattering of ~fuse. No person shall deposit anywhere within the city any re- fuse in such manner that it may be carried or de- posited by the elements upon any public or pri- vate premises within the city. Subd. 4. Burying of refuse; composting. No person shall bury any refuse in the city except in an approved sanitary landfill, but leaves, grass clippings, and easily biodegradable, non1>oison- ous garbage may be composted on the premises e where such refuse has been accumulated. Gar- bage may be com posted only in a rodent-proof structure and in an otherwise sanitary manner and after the council (health officer) gives its approval to such composting after it (he) finds that the composting will be done in accordance with these standards. e Comment: The prohibition of burying of re- fuse is stricter than the PCA regulation, which allows refuse from single-family residences to be buried on the premises. If the council modifies the first sentence to adopt the peA standard, it should be aware of the problems of enforcement and sanitation that may result. As drawn, composting of garbage is dependent on official approval to assure that reasonable sanitation practices are observed. A pro- vision directing the council (or health of- ficer) to adopt more specific criteria for composting may be added if desired. . 502.03~ Disposal required. Every person shall, in a sanitary manner, dispose of refuse that may accu- mulate upon property owned oroccupied by him. Garbage shall be collected, or otherwise lawfully disposed of, at least twice each week during the months of May through September and at least once every week during other months. Comment: Use of the schedule in the last sentence is common but may be adapted as needed, though collection of garbage less often than once a week may result in unsanitary conditions. If the council wishes to require everyone to use the officially provided or sanctioned disposal system, the folk>wing sentence may be added: "Every householder, oc- cupant, and owner of any residence shall use the garbage and refuse collection ser- vice provided by the city (contractors for the city, licensees of the city). " If excep- tions are made, as in permitting disposal of garbage by household grinders, the language should be revised accordingly. 502.04. Containers. Subdivision 1. General re- quirement. Every householder, occupant, or owner of any residence and any restaurant, in- dustrial establishment, or commercial establish- ment shall provide on the premises one or more containers to receive and contain all refuse which may accumulate between collections. All normal accumulations of refuse shall be deposit- ed in such containers. Leaves, trimmings from shrubs, grass clippings, shavings, excelsior, and other rubbish of similar volume and weight may be stored in closed containers not meeting the requirements of Subdivision 2. - 89- , . . Subd. 2. Container requirements. Each con- tainer shall be water-tight, shall be impervious to insects and rodents, shall be fireproof, and shall not exceed}2 gallons in capacity, except that any commercial or business es.tablishment having refuse volume exceeding two cubic years per week shall provide bulk or box-type refuse storage containers of a type approved by the . Containers shall be maintained in good and sanitary condition. Any container not conforming to the requirements of this chapter or having ragged or sharp edges or any other defect likely to hamper or injure the per- son collecting the contents shall be promptly replaced after notice by the city. Subd. 3. Placement. Where an alley open to traffic is available, each container for prem- ises abutting the alley shall be placed at the rear of the property next to the alley. Where no alley exists, the container shall be placed near the rea! door of the building to which it relates. In that case, the container shall be placed at the front property line for collection but it shall not be so placed before _ p.m. the night before collection and shall be removed by pm. the day of collection. Subd. 4. Use of containers. Refuse shall be drained of liquid and household ga.rbage shall be . wrapped before being deposited ina container. Highly inflammable or explosive material shall e not be placed in containers. 502.05. (Alternate A) Licensed collectors. [Note: See Alternate B for provisions for a contract system and Alternate C for a municipal collec- tion system immediately following this section.] Subdivision 1. License required. No person shall permit refuse to be picked up from his premises by an unlicensed collector. Subd. 2. Application. Any person desiring a license shall make application to the city clerk on a form prescribed by him. The application shall set forth (a) the name and address of the applicant; (b) a description of each piece of e equipment proposed to be used in the collection; (c) the proposed charges to be made of those who use the service; (d) a description of the kind of service proposed to be rendered; (e) the place to which the refuse is to be hauled; (f) the manner in which the refuse is to be disposed of. Subd. 3. Limitations. Only one person shall be licensed for collection during the period of the license from premises within a specific gee- graphic area defined by the council. Comment: The provision limiting the number of licenses is designed to prevent overlap- ping of routes to the point where opera- tions are unecon.omic and public health hazards are increased. In some communi- -- - 90- . .,-...., ties a single license is issued and 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 Comment: Some ordinances also 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 501.0l, Subd. 5 and the amount 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. 5. Subd. 5. 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 Iic- 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 h is 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 collec- tion system (Le. city vehicles and employ- ees), the appropriate alternate section be- low should be substituted for all of Sec- tion 502.05 above. 502.05. (Alternate B) Contract for refuse collec- 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. The sh all prepare specifications for advertising for bids for such contract and he shall see that when let, the contract is executed in accordance with its terms and this part. If the council deems it advisable, it may divide the city into districts and let a sepa- rate contract for the collection of refuse in each district. . . . Comment: I n smaller cities the council may wish to omit the last sentence. If the dis- trict plan contemplated by the last sen- tence is used, the council may wish to set up the districts in the ordinance. Subd. 2. Terms. The contract shall be made for a term of _ years, subject 10 extension by mutual consent for an additional _ years and to termination during the period of the con- tract as provided in the contract. Subd. 3. Liability insurance. It shall be a condition of the contract that the applicant file with the clerk a current policy of public liability insurance ... (then follow with the perti- nent language of Alternate A Section 502.05, Subd. 4. above relating to the licensing system). Subd. 4. Contract collector. No person shall collect refuse within the city except a person holding a contract with the city to do so. No person shall permit refuse to be picked up from his premises except by such contractor. 502.05 . (Alternate C) Municipal collection. Sub- division 1. City system established. There is hereby established a municipal system for the collection and disposal of refuse accumulated within the city. Any person may transport re- cyclables to a recycling center, but otherwise no person except an authorized city employee shall collect, convey over any street or alley of the city, or dispose of any refuse accumulated in the city except as provided in section 502.02, subdi- vision 4. . Comment: This subdivision establishes a municipal system for the collection and disposal of all refuse except by compost- ing or by transporting to a recycling cen- ter. It does not contemplate the possi- bility that there may be a commercial col- lector of recyclable material. If that situ- ation arises, either this ordinance will have to be amended or a separate ord inance a- dopted to cover such operations. n Subd. 2. Responsibility for city system. The shall supervise and control the collection and disposal of refuse. In accordance with regular personnel and purchasing proce- dures, he shall employ necessary personnel and acquire necessary equipment to provide for the collection and disposal of refuse ,accumulated within the city. Subject to council approval, he may adopt rules and regulations necessary to supplement the provisions of this ordinance. Comment: If a new position is to be created for the purpose of supervision and control of the municipal collection system, the sub- division might appropriately begin with the sentence, "There is hereby created the of- fice (position) of " In that case the name of the position should also appear in the blank in the next sentence. 502.06. Rates and charges. (Note: This section should be omitted if the ordinance provides a city licensing system,: In which case the subject would be briefly treated in section 502.05, Alternate A, and the sections following the omitted section should be renumbered accordingly.) Subd. 1. Schedule. The owner or occupant of any premises served by a city refuse collec- tion contractor (the city refuse collection sys- tem) shall Day to the city a service charge asses- . sed in accordance with the following schedule: "..-... l Each residential unit and similar user: One collection per week: $_ per mon.th ,,- Two collections per week: $__ per 'month Each restaurant, hotel, etc.: One collection per week: $_ per month Two collections per week: $_ per month Daily collection: $_ per month Comment: The schedule should be modified and elaborated as necessary. Some cities omit the schedule from the ordinance and include instead a more general provision like this: "The council shall by resolution establish a system of service charges for refuse collection. In such resolution it shall fix the maximum charges, including any special charges for extra hauling or collecting from an excessive number of containers and classify users of the service according to the type of occupancy and number of collections per week." Subd. 2. Billing. The service charge shall be made to the owner of occupant of each building or housing unit served. If the building is served by city water or sewer, the refuse collection charge shall be billed as a separate entry on the water or sewer bill. If the premises are not so served, the refuse collection charge shall be sepa- rately billed by the city clerk. Subd. 3. Payment. Service charges shall be payable at the same time as bills for water serv- ice and subject to the same conditions of pay- ment. If any charge is unpaid on September 1 of any year, the council shall levy an assessment equal to the unpaid charge as of that date plus - 93 - . . interest at the rate of _ percent from that date and a penalty of 10 percent. The clerk shall cer- tify the assessment to the county auditor for col- lection in -the -same manner as assessments for local improvements. -.. C. Comment: Use of the assessment procedure is authorized in fourth class cities and all statutory cities by M.S. 443.015. In any larger home rule charter city, such autho- rity depends on the local charter. The penalty and interest provisions are autho- rized but not required. Subd. 4. Fund. All service charges shall be deposited in (the general fund, a separate account in the general fund, a separate fund designated as the fund). Comment: If a separate account or fund is set up, this may be added: "All the ex- pense of providing refuse collection ser- vice shall be paid from this fund (account). If the amount is insufficient to pay all such expenses, such amount as may be necessary to meet such expenses shall be transferred to the account (fund) from the general fund. If there is a surplus in the fund, the council shall adjust the rates accordingly." 502.07. Refuse collection schedule. Each licensee (contractor) shall collect refuse from premises for which he has a collection contract in accor- dance with the following minimum schedule: May to October: daily from hotels, restaurants, and other premises which :in the judgment of the require such col- lection and twice a week from residences and other premises. ... .' . November to April: twice a week from the for- mer type of premises, once a week from the latter. No refuse shall be collected before a.m. or after _ p.m. of any day. Comment: This section includes a typical schedule and should be altered to fit each city's needs. Where there is a contract system, some ordinances include these regulations in the terms of the contract instead. If the city has a municipal collec- tion system, the first sentence should be revised to begin, "The city shall collect refuse from property in the city in accor- dance with the following schedule:" The minimum requirement of section 502.03 and the schedule adopted in section 502.07 should be consistent. 502.08. Collection vehicles. Every refuse collec- tion vehicle shall be lettered o"n the outside so as to identify the licensee (contractor). Every vehi- c1e used for hauling garbage shall be covered, leak-proof, durable, and of easily cleanable construction. Every vehicle used for hauling re- fuse shall be sufficiently airtight, and so used as to prevent unreasonable quantities of dust, paper, or other collected materials to escape. Every vehicle shall be kept clean to prevent nui- sances, pollution, or insect-breeding, and shall be maintained in good repair. I Comment: This section may not be necessary if the city has a municipal collection sys- tem, but may be useful even in that case in adopting a standard which the city sys- tem is expected to maintain. If the sec- tion is used in that case, the first sentence ma y be adapted to read, "Every refuse collection vehicle used by the city shall be properly identified." . Part 3. Dogs 503.01. Running at large prohibited. No dog shall ---- be permitted to run at large within the limits of the city. This restriction does not prohibit the appearance of any dog upon streets or pub- lic property when the dog is on a leash and is kept under the control of the person charged with its care. Comment: The first sentence providing for a year-round prohibition of running at large may easily be adapted to impose a seasonal restriction by adding the phrase "during the period from to of each year" at the end of the sentence. If it is thought unnecessary to require the dog to be on a leash, the language of the second sentence may be modified to read somewhat as follows: "This restriction does not prohibit the appearance of any dog upon streets or public property when the dog is under the immediate control of the person charged with its care." If the council does not wish to prohibit the running at large of dogs at any time, th!s section should be omitted and the follow- ing sections renumbered accordingly. 503.02. Licenses. Subdivision 1. License required. No person shall keep any dog within the city without securing an annual license therefor from the clerk, who shall keep a record of all licenses issued and shall issue a metal tag for each license. Comment: If the council wishes to license only dogs running at large, language like the following may be substituted for this subdivision: "No dog shall be permitted to run at large in the city unless a license for the dog has first been secured from the clerk, who shall keep a record of all licenses issued and shall issue a metal tag for such license." A slight change in lang- uage in the first sentence of Section 503.01 will also be necessary in that case. If the council wishes to exempt puppies from the - 94- MEMO TO: FROM: DATE: SUBJECT: . . MAYOR Robert Rascop COUNCI L 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 MAYOR AND COUNCILMEMBERS DAN VOGT JUNE 10, 1985 REQUEST FOR STAFF AT MINNETONKA CITY COUNCIL MEETING Bob Mason has requested that a member of the Shorewood City Staff attend the Minnetonka City Council Meeting of 24 June 1985 to discuss the final details of the Water Service Agreement for Trivesco. In discussing this with the Minnetonka City Attorney, she indicated that one member of the Council has commented at past meetings that since the request for water service is actually coming from Shorewood, it would be helpful to be able to discuss the issue with a Shorewood Councilor Staff member. In case of any legal issues which may arise relative to the Agreement, it is felt that Attorney Froberg may be the best staff member to send. Mr. Mason feels that it is imperative that the Attorney attend in order for the Minnetonka Council to approve water service ~nto Waterford. You will notice that this is also a Shorewood City Council meeting night. If you decide to send the Attorney to the Minnetonka meeting, perhaps one of Glenn's cohorts could attend our Council meeting. DJV:rd A Residential Community on Lake Minnetonka's South Shore Ifc-. . . .... . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 . (612) 474-3236 MEMO TO: Mayor Rascop and Councilmembers Haugen, Shaw, Stover and Gagne FROM: Ev Beck, Finance Director DATE: June 5, 1985 RE: Budget Amendment Moving Funds from Council Contingency to Public Works Your decision on 5/28/85 to have the expense for Roger Day's replacement to come from the Public Works budget will reduce the amount of transfer from the Council Contingency monies. The transfer will now amount to $16,482 (instead of $30,267 as indicated in my memo of 5/8/85). The $16,482 transfer includes: 1) Increase of Public Works wages for 1985 per Union Contract. 2) On-Call expenses. 3) Overtime for 1985. 4) Increase of wage for Assistant Public Works Director. I will need formal authorization from you on this budget amendment stating the amount and purpose. ETB:pr cc: Dan Vogt Don Zdrazil A Residential Community on Lake Minnetonka's South Shore (rei I I South Lake Minnetonka Public Safety Department 143 OAK STREET EXCELSIOR, MINNESOTA 55331-3095 RICHARD A. YOUNG Chief (612) 474-3261 M E M 0 RAN DUM TO: FRO!>!: DATE: RE: Hayor Rasco~/ Chief Young \ 05/03/85 Time Survey We have now completed the tabulation of hours spent in each city during the month of April. The first set of percentages includes time that could be charged to all cities. This includes break times, picking up supplies at the office, reading reports, car service, etc. The second set of figures would be the percentages charged to each city if the "other" times were distributed equally among the cities. City Hours % Adjusted OJ ,. Excelsior 306.4 24 31 Greenwood 115.9 9 12 Shorewood 403.4 31 41 Tanka Bay 169.5 13 17 Other 301. 1 ([!J ) Total Hours 1296.3 Lc,( t;~,y j)V\ / ~ yzlJ We will again be keeping track of the hours in the month of July. If you have any questions, please contact me at anytime. Serving South Lake Minnetonka Communities of Excelsior, Greenwood, Shorewood and Tonka Bay ~ ....... .... South Minnetonka 'oublic Safety De,.rtment , '43 OAK STREET XCElSIOR. M'NN~SOTA 55331.3095 ';l ./ 16121 RICHARD A. YOUNG Chief RAPIO CALLS RECE1VEP 8VStMPSPFROMJANUARV1., J984 ftmU OECEM8ER 3J, 1914 Excd.6.io1L GJl.e.e.nwood Sho1LeJA1Ood Tonfza Bay ~c. Jt1IW41LY 2&0 .. 18 6 89 19 18 F e.b1w41ly 251 . 74 '2 73 l5 8S " J.Cah.eh 30J = 94 12 85 '25 85 Ap1rJ.L 338 . 97 J5 110 29 81 M4y 396 . J36 20 J03 39 98 June 478 . 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