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072682 CC Reg AgP . ....... CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY JULY 26, 1982 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. AGE N D A CALL TO ORDER: a. Pledge of Allegiance b. Roll Call Haugen,_ Shaw Leonardo Gagne Mayor Rascop 1. APPROVAL OF MINUTES: :~UM::::i::~:TJ:~:U~:~ :::2TENN~:t:::::e::C:::ORY BUILDING~ \~ Mr. & Mrs. Larry Wilson, 27965 Woodside Road [Attachment #2-a Minutes of May 24th meeting] [Attachment #2-b Minutes of June 14th meeting] 2. 3. TERS FROM FLOOR: Joe Gorecki - Oak Ridge Estates 4~AMBLING ORDINANCE - Second Reading [Attachment #3] 5,./AMENDMENT TO ZONING ORDINANCE - "R-L" MOBILE HOME PARK District: [Attachment #4-a Planning Commission Recommendation] [Attachment #4b Planners Report: Preliminary - June 29th (yellow) Modifications - July 20th (green)] ~ AMENDMENT TO FLOOD PLAIN ORDINANCE #109 - First Reading [Attachment #5-a Ordinance #109] [Attachment #5-b Suggested Ordinance Amendment] Q) REVIEW OF COMPREHENSIVE PLAN MATERIALS: [Attachment #5.5] 8, 9. PLANNING COMMISSION REPORT: PARK COMMISSION REPORT: ~ . ~. . . Council Agenda - 2 - July 26, 1982 10. ,ATTORNEY'S REPORT.: a. Ordinance request from Chief Johnson [Attachment #i] r. .ENGINEER'S REPORT a. Infiltration and Inflow Analysis Study - [Insert] h. /J i,'f tU~v or.u::-C4.-1?-- ADMINISTRATIVE -REPORT: 12. #7] t'^".'("J ~lt-/~ j from Mr. Cullen Nelson a. Fees Report ~ Information regarding [Attachment geese complaint [Attachment #1] c. Update on zoning violation complaint at 25985 Smithtown Lane. ~. Updatero~ J;:nk comPlain0 'i'!. .. ""...J.",\ ~l~~ ~. 13. , MAYOR'S REPORT: ~ Police contract - Resolution of withdrawal [Attachment #'] b. Enchanted Point Road Problem 14. COUNCIL REPORTS: a. Cable T.V. needs assessment Results [Attachment #1'] b. Amesbury Water Report c. Ridiculous time consuming office procedures (Jan Haugen) 15. MATTERS FROM FLOOR: 16.: APPROVAL OF'CLAIMS'ANDADJOURNMENT t ar '. ~_. . -. .~. .....~..._-- ~ -....... CITY OF SHOREWOUti REGULAR COUNCIL MEETING MONDAY, JULY 12, 1982 . .~ --. .,.. ..... .--....-- . . COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. M I NUT E S CALL TO ORDER The regular meeting of the Shorewood City Council was called to order by Mayor Rascop at 7:34 P.M. on Monday, July 12, 1982 in the Council Chambers. PLEDGE OF ALLEGIANCE:AND PRAYER The meeting opened with the Pledge of Allegiance and a prayer. ROLL CALL: . Present: Mayor Rascop, Councilpersons Haugen, Leonardo, and Gagne. Staff: Attorney Larson, Engineer Frigaard, Administrator Uhr- hammer and Clerk Kennelly. APPROVAL OF MINUTES Moved by Haugen, seconded by, Leonardo to approve the final draft of the Council Minutes of June 28, 1982. Motion carried unanimously. Motion was made by Haugen, to alter the agenda and discuss the Police Contract after "Matters from the Floor". MATTERS FROM THE FLOOR ~r & Mrs Curran Nielsen ~5435Timber;Lane Requested the Council to take action to remove as many as 80 wild geese from their front yard. He has contacted the National Game and Wildlife Division and received nc help. Council referred this problem to the Administrator for some solution. Mary Boyd,- 20755 Garden Road Presented a petition requesting the speed limit on Garden Road be reduced to 10 MPH and to have "Slow Children", "Blind Curve" and "Blind Intersection" signs installed. Rascop indicated that a study would have to be done by the State Highway Department to reduce the speed limit to 10 M.P.H. ~~//Haugen moved, seconded by Leonardo to contact Minnesota Department \v~ O~Of Transportation for speed limit report and to instruct the city ~ ~~~ road department to install the requested signs. Motion carried unanimously. Bob Reutiman -One-Way Streets Mr. Reutiman wanted to know if there would be a public hearing in reference to the petition to One-Way Country Club Road and Lake Linden Drive. Mayor Rascop indicated that there would be a public hearing held the PI ning Commission prior to any changes being made. ~\ e Regular Council Meeting e - 2 - July 12, 1982 Matters from the 'Floor (Continued) Gene Clapp ~Dr~nage Mr. Clapp questioned if the drainage for the parking lot at the Medical/Professional Building had been corrected and if the en- trance grade was acceptable. This will be checked by the build- ing inspector. POLICE CONTRACT Mayor Rascop reviewed the current police cost formula and the cost to the City of Shorewood in relationship to the other cities expenses. A new formula was presented at the Mayors' meeting by Shorewood but was rejected 3 - 1. Some of the new proposed responsibilities for the department would be: 1] Prosecution fees would be paid by the city in which they occured. 2] Animal patrol would be done by community officer. 3] Shorewood agreed to pay 45% of 500,000. budget, that is a reduc- tion in the police budget of 50,000. over last year's budget. A tentative agreement has been made with two (2) of the other three (3) cities. Rascop hopes to have a definite agreement with all the cities before August 1st. Harry Carson of 4640 Lakeway Terrace spoke in support of the Police Department. Gene Clapp would like a newsletter release informing all the residents of the police agreement when it is completed. ' Pat Collins is not in favor of any reduction in personnel for the department and wondered if there~any other funds avail- able to support the department. Rascop indicated that some funds will be available under the new Civil Defense Ordinance. CITY HALL CONSTRUCTION Gary Larson reviewed a letter from Orr-Schelen-Mayeron regarding 5 poss- blestructual'deficienciesin the City Hall construction. Jerry Koreki, a structual engineer from O.S.M., reviewed his inspection of these 5 points. Recommendation was made to continue to inspect these areas. No immediate danger is apparent. Frank Reese, project architect, stated he would be responsible for any possib17 problems that may occur f? the entry-way becaupe of ~tructual alterat1on. - \)..1i"\ s.<)..l l.J~_ ./.; ~ e.f:.~L.J -fk~\::>'/" C...'" '-J......y Leonardo requested a letter from Frank~Reese indicating that he would be responsible. DIEKEL DIVISION'- 27960Smithtowrt Road Division request was postponed due to needed variances. Rascop moved, seconded by Haugen, to postpone :request~,and call for a public hearing; to be held on August 9, 1982. e Regular Council Meeting e - 3 - July 12, 1982 CREPEAU RE-ZONING Request for change in zoning for the Crepeau Dock property was ) Planning Commission recommended changing back to the zoning of Commercial. o\,'i' Kristi Stover requested clarification of "asse~bly" and '''Light '/ turing" . Council directed Planner, Attorney, and Administrator to bring report to them. discussed. 1956 - manufac- back a REVIEW OF COMPREHENSIVE PLAN Review of requested information from Metropolitan Council to complete the Co~prehensive Plan. Gagne requested a letter, by July 26th, from the Planner informing the Council as to the progress made by the com- pletion of Metro's requests. Council directed the Administrator to inform Metropolitan Council to send all following communications directly to the City and copies to the Planner. PLANNING COMMISSION REPORT Kristi Stover reviewed the Mobil Home Ordinance or Mobile/Manufactured Home Ordinance. A Public Hearing on this Ordinance will be held on July 20, lS82. PARK COMMISSION REPORT Carol Chapman reported that Ann Bronken will submit drawing of trail plan at the next meeting. Commission can acquire wood chips from Asplundh Tree Service at no charge. ATTORNEY'S REPORT Gambling Ordinance First reading of the Gambling Ordinance was discussed. Council re- quested Section 12 - Limits on Winnings be changed to State Limits and return to Council - July 26th for a second reading. Dram Shop.Law Attorney Larson informed the Council of the charge requiring "dram shop coverage" by all non-:-intoxicating Beer, Wine and Liquor license holders making more than $10,000.00 in a year. This coverage is required by March 1, 1983. Council questioned whether any of our license holders would qualify for the $10,000. exemption and how to police or audit this exemption. Council directed a letter be sent to all non-intoxicating beer license holders informing them of this new law and request response from them. e e Regular Council Meeting - 4 - July 12, 1982 ATTORNEY'S REPORT (Continued) Acceptance of Boulder Bridge 'Well 'RESOLUTION NO. 54-82 Attorney Larson recommended the Council finalize the Boulder Bridge Well project and accept that well. Haugen moved, seconded by Leonardo, to ,accept the Boulder Bridge Well Project on completion and authorize final payment subject to receiv- ing all necessary lien waivers. Motion carried unanimously. Vine Street-Hooper Lake Road Closing Deephaven will be monitoring traffic load on Vine Street and Hooper Lake Road for two weeks and then they will baracade the road for two weeks. At that time they will decide what to do on a permanent basis. ,Greenwood Lift Statiort~Litigation Litigation has begun with Greenwood to request payment of money received by them from Metropolitan Waste Control for purchase of jointly owned Lift Station. Councilperson Shaw arrived at 9:28 P.M. ~ ,TINGEWOODP.U.D. RESOLUTION NO. 55-82 ~ Council reviewed the P.U.D. proposal for three 3-plex units. Zoning and density questions were discussed as were concerns about added traffic on a very narrow Radisson Inn Road. Planning Commission made a recommendation for the developer to dedicate a 30' strip along Radisson Inn Road for the purpose of road right-of-way. Shaw requested the developer deed over any and all possible lake access rights. .' Gagne moved, seconded by Leonardo, to approve the 9-units P.U.D. request with compliance to the following: 1] Deed over all lake access rights. 2] A drainage plan subject to the City Engineer's approval. 3] A requirement that the private road be upgraded to City Standards by the developer/owners if said road is ever to be taken by the City. 4] That the private road be completely on the P.U.D. plat. 5] That a thirty foot dedication be made along Radisson Inn Road. 6] That no accessory vehicles, such as recreational vehicles or boats, be stored outside on the site. 7] A requirement for a deep common well. Developmental Stage process to follow. ----- Roll Call Vote: Rascop - aye, Haugen --pass, Shaw - naye, Leonardo - aye, Gagne - aye, Haugen, aye. Motion carries 4 - 1. ~ e Regular Council Meeting e - 5 - July l2t 1982 ENGINEER'S REPORT Widmer Brothers FinalPaymerttVoucher RESOLUTION NO. 56-82 Engineer Frigaard recommended approval of. the fourth and final payment voucher for Project aO-2t Boulder Bridge Phase It to Widmer Brothers for 28t166.82 upon receipt of State Form #134 and lien waivers. Haugen moved, seconded by Gagnet to approve payment according to the above recommendation. Motion carried unanimously. . , ,Acceptance of Proiect 80-2 RESOLUTION NO. 57-82 Motion to accept Project 80-2 . (San'itary Sewer, Storm Sewer, Water- main, and Streets) as complete when all lien waivers and State Form #134 have been received and final payment has been made. was moved by Gagne, secondedby Haugen. One year warranty on work will &tart at the time ot acceptance. Motion carried unanimously. Bid Awarded - Amesbury Back-Up.Well RESOLUTION NO. 58-82 Engineer Frigaard presented the two bids received for the Amesbury Back-Up Well. Engineer Norton is recommending to award the bid to the lowest bidder - Renner & Sons Inc. at 43,224. even though it exceeds the engineer's estimated costs. Leonardo felt new bids should be requested. Haugen moved acceptance of bid from Renner & Sons and to award the project to them. Motion seconded by Gagne. Roll call vote: Rascop - aye; Haugen - aye; Shaw - abstained Leonardo - naye; Gagne - aye. Motion approved 3 - ayes - 1 abstained - 1 naye Engineer Frigaard was excused at 10:14 P.M. ADMINISTRATOR'S REPORT Shorewood Forest - Counter Proposal Rascop recommended to table the resolution for denial of the Shorewood Forest Division after receiving a counter proposal from the Attorney representing this division. Council recom- mended they bring their new. proposal back to the Planning Commission on August 3, 1982 for more discussion. Rental Ordinance Administrator Uhrhammer presented a proposed Rental Ordinance to control rental properties in the City. This Ordinance would help to: 1] Control living units standard 2] Confirm existing units 3] Charge correct amount for sewer charges 4] Regulate numbers of people in unit. 5] Proper parking available e Regular Council Meeting . - 6 - July 12, 1982 Rental Ordinance '(Continued) Council would like to obtain more information and study the Ordi- nance further and discuss at a later meeting. Fee Study Council reviewed the Fee Schedule submitted by Administrator. Rascop would like Planning Commission to review the fee schedule. Base and filing fee should be combined and refer to Attorney and Administrator to draw up a new Ordinance for adoption. Special Meeting Council set a special meeting for July 27,1982 at 6:00 P.M. for' the purpose of reviewing the Employee Relation Policy and Employee Review. Amesbury West Approved Amendment to contract with McNulty Construction Company was presented for signing by the Mayor and Administrator. Use of Fire Lanes Mr. & Mrs. Bob Smith of 26260 Birch Bluff Road informed the Council of two boats owned by non-lake shore residents that have been moored on the city fire lanes. City policy has been - not to allow usage of fire lanes other than for walking purposes. Mr. Dickson will be notified of city,policy. MAYOR'S REPCRT Resolution to withdraw from Police Contract will not be sent at this time. Rascop will request a special meeting of the Police Committee prior to the next Council meeting of July 26th to obtain an agreement with all the other cities involved in the police contract. CABLE T.V. COMMISSION The Cable Commission will meet on July 14th at the Tonka Bay City Hall. Rascop and Haugen will attend the meeting and express the Council's disapproval of the "Joint Powers Agreement". COUNCIL REPORTS Garbage Hauling Contract Haugen proposed establishing a Garbage Hauling Contract by areas. Discussion with haulers will be arranged at a later date. Excelsior Water 'Hookup A request from Edith Rosberg of 5885 Mill Street to be allowed to hook up to the Excelsior Water System. Rascop moved, seconded by Leonardo, to allow Mrs. Rosberg to hock up to water subsequent to necessary fees paid and a written state- ment agreeing to pay any future water assessment that may be levied if Shorewood provides its own water system. Motion carried unanimously. Regular Council Me~ing - 7 - e July 12, 1982 APPROVAL OF CLAIMS AND ADJOURNMENT Moved by Leonardo, seconded by Haugen, to approve the claims for pay- ment to be followed by adjournment at 12:40 A.M. Motion carried unanimously. General Fund - [00166] Checks 25756 - Liquor Fund - [00174] Checks 9021- Respectfully submitted, ~. ~~,,~17 . ) Sandra L. Kennelly, Clerk 25804 90 = '$69,368.41 65,193.72 = Mayor 1\ ~d~ )1 j-.~, ~/ e e Regular Council Meeting - 2 - May 24, 1982 . Council requested a police recommendation to best solve this problem. Reports to contain a "No Parking Zone" and 2 hour parking zone and . how to enforce that. Also request the police to enforce the current 48 hour parking ordinance. Administration to check into the number of non-related people living in this house and the reason for so many cars. Council to take action on this matter at the next regular scheduled council meeting. Larry Wilson ~Bldg Variance Request'~27965Woodside'Road Mr. Wilson presented a plan to construct an accessory building to exceed the maximum height limit of 15'. The building will be used' for a tennis court storage and sail boat storage. This building will be located on a separate lot that is next to his current resi- dence. Council instructed Mr. Wilson to obtain his building permit for the lower part of the structure and to proceed with the request for a public hearing to obtain the variance necessary to complete the building, also council requested Mr. Wilson to join his two lots into one parcel. len Road ,and Country Road 19 - Building Permit Mr. Littlefield and Mr. Borchart requested the council to have the developers of the property located at the S.W. corner of County Road 19 and Glen Road to submit to the city a grading and drainage plan and have the approval of the Minnehaha Water Shed District, prior to issuing the building permit. Motion was made by Gagne, seconded by Haugen, to request the developer of the property described as, part of lots 23 and 24, Manitou Glen, PID # 33-117-23-12-0031, to submit grading and drainage plans to the Minnehaha Water Shed District for approval or no action prior to sub- mitting materials to the city for their building permit. Motion carried - 3 ayes, 1 nay, (Leonardo), and 1 abstain (Shaw). ENGINEER'S REPORT Engineer Norton submitted a report on various ways to correct the drain- age problem for the area around Glen Road and County Road 19. Four alt- ernative pipe routes were submitted. Administrator recommended sending the engineer's report to Tonka Bay for reviewal and to set up a meeting to include, 2 council members, the engi- neer, and himself with Tonka Bay. Gagne questioned as to who would pay for this improvement. At the present time the city has no assessment policy. Assessments should not be discussed with Tonka Bay at this time. JIM LATTERNER~MOBILE HOME LIVING UNIT 'REQUEST Jim Latterner, 25235 Smithtown Road, made a request for a 90 day permit to allow his in-laws to stay in a mobile home that he stores on his property. Council directed clerk to issue a 90 day permit under Ordinance #10. J ,Iv, ~/ e e 'Regular Council Meeting - 2 - June 14, 1982 \ Mr. Gene Clapp Mr. Clapp also questions what happened to the Water S~rvey that the Council was going to take? Council informed him that the cost was too high at this time and the money was net available in the budget to proceed with this project. Swimming Pool Request Mike McHugh, 5240 Sha~y Lane, submitted an application to insta11 a swimming pool at 5240 Shady Lane with no variance necessary. Shaw moved, seconded by Haugen, to approve the application as submitted. Motion carried unanimously. ~ UBLIC HEARING -Larr Wilson RESOLUTION (Building Height Variance Request) Public Hearing was opened at 8:06 P.M. to consider the request of Larry Wilson, 27965 Woodside Road, to construct an assessory building in excess of the minimum height requirement ~f 15'. No oral or written comments were received from the public. Public Hearing was closed at 8:10 P.M. Shaw's concerns were that the variance request should be due to a "hardship". He did not feel that this was true in this case. Haugen, moved, seconded by Gagne, to approve the height variance not to exceed 20' in height. Motion carried - 4 ayes, 1 nay (Shaw). VARIANCE REQUEST "REAR:' i, Mr. Robert E. Brown - Part of Lot 5 - Holtmere Addition, requested a variance in the rear lot line set back for the construction of his home, 25' from the rear lot line. This property was heavily filled and would be very difficult to build on if he had to comply with the standard set back. Moved by Rascop, seconded by Gagne, to approve the set back variance request as submitted. Motion carried unanimously. t~ CIVIL DEFENSE ,ORDINANCE -'Second Reading The second reading of the Minnesota Civil Defense Ordinance, as it pertains to the City of Shorewood, was presented. Haugen moved, seconded by Leonardo, to adopt this Ordinance as #129 of the City of Shorewood. Motion carried unanimously. Shaw moved, seconded by Gagne, to approve the appointment of Chief Earl Johnson as the Civil Defense Director, subject to his acceptance. Motion carried unanimously. Administrator Uhrhammer informed the Council that Detective Craig Anderson was in charge of preparing the Civil Defense Plan and ques- tioned who should be appointed Director. Shaw moved to withdraw his motion for appointment of Chief Johnson as Director. Motion for withdrawal seconded by Gagne. Council instructed Administrator to check on appropriate appointment. ~) " 11 ,. /' e e. ORDINAnCE NO. AN ORDINACE LICEUSING AND HEGULATItJG THE CONDUCT OF GAr1nLHIG Arm PROVIDIUG A PENALTY FOR VIOLATION THEREOF IN THE CITY OF SHORBtlOOD, COUNTY OP H~NNEPIN, STATE OF MINNESOTA. The City Council of the City of Shorewood ordains: Section 1. PURPOSE. The purpose of this section is to regulate and control the conduct.of certain gambling activities pursuant to the provisions of Minnesota Statutes Chapter 349 and Laws of Minnesota 1978 Chapter 507. Section 2. PROVISIONS OF STATE LAH ADOPTED. The provisions of Minhesota Statutes, Chapter 349 and Laws of Minnesota, 1978, Chapter 507, relating to the definition of terms, licensing, restrictions of gambling are adopted and made a part of this ordinance as if set out in full. Section 3. DEFInITIONS. Subd. A. For the purposes of this . ordinance, the terms defined in this ordinance have the following meanings. tJ. ambling devices known j paratus used in 4ie.- aJl)~c!l" -- Subd. B. "Gambling devices" mean as "paddlewheels"J~ "tipboards" ,.,-.&...._.L L~l of raffles. ~ Subd. C. "paddlewheel" means a wheel marked off into s~~tions containing one or more numbers, and which, after being turned or spu~uses a POl,' nter or marker to ind icate winning chances. c ~f{-F-=-72-( {h~ . Su d. fi'. "'f'ipboard'" means a board, placard or other device measuring at least 12 inches square, marked off in a grid or similar pattern, in which each section contains a hidden number or numbers or other symbols, which determine the winning chances. Subd. E. "Raffle" means a game in which a participant buys a ticket for a chance at a prize with the winner deterMined by a random drawing. Subd. F. UProfit" ;means the gross receipts from the operation of gambling devices and the conduct of raffles, less reasonable sums expended for prizes, local licensing, fees, taxes and maintenance costs for the devices. Subd. G. Nothing in this ordinance shall be construed to authorize any use, possession or operation of: a. Any gambling device which is activated by the insertion of a coin, currency or token. b. Any gambling game or device in which the winning numbers, tickets or chances are in any way determined by the outcome of any athletic contest or sporting event. e e Section 4. LICENSE REQUIREMENT. No person shall directly operate a gambling device or conduct a raffle except as authorized by, statute and this ordinance and unless a license to do so, as provided in this ordinance, has first been obtained. Section 5. PERSONS ELIGIBLE FOR A LICENSE. A license shall be issued only to fraternal, religious and veterans organizations, or any corporation, trust or association organized for exclusively scientific, literary, charitable, educational, or artistic purposes, or any club ".,hich is organized and operated exclusively for pleasure or recreation~ Such organization must have been in existence for a least 3 years and shall have at least 30 active members, and qualify pu~uant-~o M.S.A. 349.26,- Subd. 9. lo~~C,..\ Section 6. LICENSES AND FEES. Subd. A. License Fees. There are two types of licenses which may be issued by the City for each device or occasion, i.e. (a) a single temporary license fee, and (b) an annual license fee. The single occasion temporary license fee for each device is $15. The annual license fee to operate a paddlewheel or to conduct a raffle or to operate a tipboard is $75 for each device or combination of all three types of devices. Annual license fees shall not be prorated for a portion of a year. All licenses shall expire on December 31 next after the date of issue. Subd. B. Application Procedure. Application for a license shall be made upon a form prescribed by the City so as to provide the information necessary to permit the Council to determine whether to grant or deny a license application. No person shall make a false representation in an application. The City Council shall act upon any such application within 180 days from the date of application, but it shall not issue a license until at least 30 days after the application has been made. Subd. C. The applications shall contain an agreement on the part of the applicant that if the license being applied for is granted, the licensee will save the City and its officers, agents harmless against any claims or actions and the costs of defending any claims or actions arising out of or by reason of the granting of the license or the conduct of any of the activities authorized by the license. Section 7. PROFITS. Profits from the operaion of gambling devices or the conduct of raffles shall be used only for proper purposes as defined in Minnesota Statutes, Section 349.23, Subd. 6. Section 8. CONDUCT OF GAMBLING. Subd. A. Gambling Manager. All operating of gambling devices and the conduct of raffles shall be under the supervision of single gambling manager to be designated by the licensed organization. The gambling manager shall be responsible for gross receipts and profits from gambling devices and rafles and for their operation. The gambling manager shall be responsible for using profits for authorized purposes only. e- e Subd. n. nond. The qarnblinCj mdnaqer shall provide' il ficl(!lit~1 bond in the sum of $10,000 in favor of the organization obtaining the license, conditioned upon the faithful perforl:1ance of his duties. Subd. C. Qualifications of Gambling Manager. The gambling manager shall be an active member of the organization and shall qualify to act in such- capacity under applicable s~ate law. Section 9. COMPENSATION. No compensation shall be paid to any person in connection with the operatioh of a gambling device or the conduct of a raffle by a licensed organization. Ho person, who is not an active' member of an organization, or the spouse or surviving spouse of an active member, may participate in the organization's operation of a gambling device or the conduct. .of _ a raffle. Sect ion 10. REPORTING REQUIRErmNTS. Subd. A. Gross Receipts. Each organization licensed to operate gambling shall keep record of its gross receipts, expenses and profits for each single gathering or occasion at which gambling devices are operated or a raffle is conducted. All deductions from gross receipts for each single gathering or occasion shall be documented with receipts or other records indicating the amount, a description of the purchased item or service or other reason for the deduction, and the recipient. The distrihution of profits shall be itemized as to each payee, purpose, amount, and date of payment. Subd. B. Separation of Funds. Gross receipts from the operation of gambling devices and the conduct of raffles shall be segregated from other revenues of the organization, and placed in a separat~ account. The person who accounts for gross receIpts, expenses, and profits from the operation of gambling devices or the conduct of raffles shall not be the same person who accounts for other revenues of the licensed organization. Subd. C. Monthly Reports. Each organization licensed to operate gambling devices or to conduct raffles shall report monthly to its membership, and to the City Clerk, its gross receipts, expenses and profits from gambling dev~ces or raffles, and the distribution of profits. The licensee shall p~eserve such records for at least 3 years. Section 11. ELIGIBLE PREMISES. Gambling devices shall be operated and raffles conducted by a licensed organization only upon premises which it owns or leases, except that tickets for raffles may be sold off the premises. Leases shall be in writing and shall be for a term of at least one year. No lease shall provide that rental payments he based upon a percentage of receipts. A copy of the lease shall be filed with the City Clerk at the time of the application and it shall comprise a part of the application. tit e Section 12. PRIZES. Total prizes resulting from any single spin of a paddlewheel, or from any single seal of -a tipboard, shall not exceed $150.00. Total prizes awarded in any calendar year by any organization from the operation of paddlewheels and tipboards and the conduct of raffles shall not exceed $35,000. Merchandise prizes shall be valued at fair market retail value. Section 13. BINGO. Nothing in this ordinance shall be construed to authorize the conduct of bingo without acquiring a separate bingo license as required by other applicable City ordinance provisions or State statutes. Section 14. PENALTIES. Subd. A. violation is Misdemeanor. Violation of any provision of this ordinance is a misdemeanor. This subdivision shall not preclude civil or criminal action under other applicable laws or procedure or preclude any agency of government from investigating or prosecuting violations of the provisions of this section. Persons convicted of violating any provision of this ordinance shall be subject to a fine of not more than $500 or imprisonment for a term not to exceed ninety days or both. Subd. n. Suspension and Revocation. Any license may be suspended or revoked for any violation of this ordinance. No licensee shall have a vested right in any license issued hereunder and licenses issued hereunder may be suspended or revoked by the Council. The license shall be revoked upon a showing that the licensee violated or caused to be violated any provisions of this ordinance or of State law regulating the licensing or conduct of gambling devices. The license shall also be revoked in the event of any misrepresentation in the license application or may be suspended or revoked for failure by the licensee to make any reports required of the licensee. Subd. C. Procedure. A license shall not be revoked under subdivision B. until a notice has been given to the licensee and the licensee has been given an opportunity for a hearing. The notice shall be personally served on the gambling manager, or an officer of the licensed organization. It shall state the statutory or ordinance provision believed to hav~ been violated and shall indicate that the licensee may demand a hearing on the proposed revocation of the license. If a hearing is demanded, the license shall not be revoked until after the hearing is held. If the licensee requests a hearing in writing, it shall be held by the City Councilor a committee of the City Council, as the Council may deem appropriate, at least one week after the date on which the request is made. If, as a result of the hearing, the Council finds that the licensee has violated or has permitted the violation of this ordinance or applicable statutory law relating to gambling, the Council may suspend or terninate the license. . e. e Section 15. This ordinance shall become effective upon and afte~ its passage and publication according to law. PASSED BY TIlE CITY COUNCIL this day of , 1982. Hayor ATTEST: Clerk Published in on , 1982. ~ *' L\ 0.. e SHOREWOOD DATE: 7/21/82 TO: City Council l1embers FROM: Planning Commission Assi.stant At their July 20, 1982 meeting the Planning Commission moved to recommend that the City Council adopt as an amendment to Ordinance #77, 'Section 22C "R-6" Nobile Home Park District' , as drafted by the City planner in a memo dated 29 June 1982; amended in a memo dated 20 July 1982; plus a statement noting the minimum lot size requirements to be 10 000 scuare feet , . excluding wetlands; and a statement that the density be in compliance with Shorewood's Comprehensive Plan. The motion was made by Dab Shaw, seconded by Kristi Stover, and carried unanimously (4-0). , NORTHWEST ASSOCIATED CONSULTANTS INC. MEMORANDUM JUL. 2 :"31982 TO: FROM: DATE: RE: FILE NO: Shorewood Mayor and City Council Brad Nielsen 22 July 1982 Mobile Home Ordinance 656.09(82.12) Enclosed is a copy of the Mobile Home Ordinance as amended by the Planning Commission. We have taken the original draft from 29 June 1982, crossed out the portions which the Commission wanted deleted and underlined items they wished to add. The following definition of.mobile home was also approved by the Planning Commission. Section 4, Subd. 6 of the Zoning Ordinance should be amended to include this definition: Mobile Home: A factory-built and assembled structure or structures equipped with the necessary service connections and made so as to be readily movable as a unit or units on its or their own running gear and designed to be a relocatable structure or structures used for a single family dwelling unit suitable for year round use with- t a permanent foundation. Please note that there was some confusion with the definition. The last sentence refers to a permanent foundation while item 5.a. on page five requires mobile homes to be anchored toa foundation. The key here is that the definition states that a mobile home is "designed to be relocatabl ell and IIsuitable for year round use without a permanent foundationll. Once that unit is located in Shorewood, it must be affixed to a foundation. If you have any questions regarding this matter, do not hesitate to contact our office. cc: Doug Uhrhammer Gary Larson Jim Norton Jim Miller Kathy West 4820 minnetonka boulevard, suite 420 minneapolis, mn 55416 612/925-9420 ... SECTION 22C. IR-6", r10BILE HOME PARK DISTRICT Subd. 1 PURPOSE The R-6 District is intended to provide for the location of mobile homes within designated and approved mobile home parks. It is further intended to provide for the health, safety and general welfare of mobile home residents by establishing standa(ds for mobile home parks and standards for lot area, lot width, lot depth, placement of structures and foundation construction for individual mobile homes. Subd. 2 PERMITTED USES The following uses are permitted, as regulated herein, without special applica- tion requirements or conditions attached: A. Single-family detached dwellings. B. Public or quasi-public parks and playgrounds. Subd. 3 CONDITIONAL PERMITTED USES The following uses are permitted only subject to the issuance of a Conditional Use Permit as regulated in Section 7 of this Ordinance. A. Conditional uses as permitted in the R-1 District. B. Mobile homes, as defined in Section 4, Subd. 6 of this Ordinance, subject to the regulations of this Section and only when confined to mobile home parks. Subd. ,4 ACCESSORY USES The following uses are permitted only when auxiliary to a principal use permitted above; they may not exist as principal uses in their own stead: A. Accessory uses as listed in the R-1 District. Subd. 5 DIMENSIONAL REGULATIONS The building height, lot area, bulk and yard setback requirements for the R-6 District shall be regulated as follows: A. Building height maximum 1. Allowable stories 2. Principal structure (height in feet) 3. Accessory structure (height in feet) B. Lot size requirements 2~ 35 15 l. 2. 3. 4. Minimum total lot area Lot width at building line Lot depth Allowable percentage of lot coverage (all 10,000 square feet 100 feet 100 feet structures) 35% 1 C. Yard setback requirements 1. Front: Building line to street line (minimum) 2. Side: Building line to lot line (minimum) 3. Rear: Building line to lot line (minimum) 4. Corner or through lot: Building line to street line 25 feet 10 feet 40 feet Front yard required for each lot abutting a street NfA 100 feet ~~ ~e~ea€k-f~effi-~R~-Q4s~~4€~-eeHR8a~y 6~5. Setback from lakeshore g~ ~;~ijE;~~a+-eH+k t~ G~ess-f+ee~-a~ea-~a~4e-{ffia*4ffiijffi1 2~ F+ee~-a~ea-~a~fe- NA ~h9 SUBD. 6 DESIGN/OPERATIONAL STANDARDS FOR MOBILE Hm1E PARKS A. General Provisions 1. Mobile home parks shall be subdivided on an individual lot basis in compliance with the requirements of the Shorewood Subdivision Ordinance. Only one mobile home will be permitted per lot. 2. Common open space and service facilities within a mobile home park plan shall contain provisions to assure the continued operation and maintenance of such open space and service facilities to a predetermined standard. Common open space and service facilities shall be placed in the ownership of a property owners association provided that all of the following conditions are met: a. Prior to the use or occupancy or sale or the execution of contracts for sale of an individual mobile home or lot, a declaration of covenants, conditions and restrictions or an equivalent document or a document such as specified by Laws 1963, Chapter 457, Section 11 and a site plan as specified in B. of this Subdivision, shall be filed with the City of Shorewood, said fil ing with the City to be made prior to the filings of said document and site plan with the record- ing officers of Hennepin County, Minnesota. b. The declaration of covenants, conditions and restrictions or equiva- lent document shall specify that deeds, leases or documents of conveyance affecting buildings, mobile homes or lots shall subject said properties to the terms of said declaration. c. The declaration of covenants, conditions and restrictions shall provide that an owners association or corporation shall be formed and that all owners shall be members of said association or corpora- tion which shall maintain all properties and common areas in good repair and which shall assess individual property owners propor- tionate shares of joint or common costs. This declaration shall be subject to the review and approval of the City Attorney. The intent of this requirement is to protect the property values of the individual owner through establishing private control. 2 d. The declaration shall additionally, among other things, provide that in the event the association or corporation fails to maintain properties in accordance with the applicable rules and regulations of the City of Shorewood or fails to pay taxes or assessments on properties as they become due and in the event the said City of Shorewood incurs any expenses in enforcing its rules and regula- tions, which said expenses are not immediately reimbursed by the association or corporation, then the City of Shorewood shall have the right to assess each property its prorata share of said expenses. Such assessments, together with interest thereon and costs of collection, shall be a lien on each property against which each such assessment is made. e. Membership must be mandatory for each owner, and any successive buyer. f. The open space restrictions must be permanent and not for a given period of years. g. The association must be responsible for liability insurance, local taxes, and the maintenance of the open space facilities to be deeded to it. h. Property owners must pay their prorata share of the cost of the Association by means of an assessment to be levied by the associa- tion which meets the requirements for becoming a lien on the property in accordance with Minnesota Statutes. i. The Association must be able to adjust the assessment to meet changed needs. J. The by-laws and rules of the Association and all covenants and restrictions to be recorded must be approved by the City Council prior to the approval of the final mobile home park plan. 3. No tents shall be used for other than recreational purposes in a mobile home park. 4. There shall be no overnight camping in a mobile home park. 5. A mobile home park shall have an adequate central community building with the following features. a. Laundry drying areas and machines b. Laundry washing machines c. Public toilets and lavatories Such buildings shall have adequate heating in all areas and,be main- tained in a safe, clean and sanitary condition. Community buildings shall be of concrete or masonry construction adequate for providing civil defense type shelter for all residents of the moble home park in the event of severe storms or weather conditions. 3 B. Site Plan Requirements: _ 1. Name and address of developer or developers. 2. Legal description and size in acres of the proposed mobile home park. 3. Location and size of all mobile home sites, storage areas, recreation areas, laundry drying areas, streets, parking areas, and all setback - dimensions. 4. Detailed landscaping plans and specifications. 5. Location and width of sidewalks, where applicable. 6. Plans for sanitary sewage disposal, surface drainage, water systems, electrical service, and gas service. 7. Location and size of all streets abutting the mobile home park. 8. Road construction plans and specifications. 9. Plans for any and all structures. 10. Such other information as required or implied by these mobile home park standards or requested by public officials. 11. - Description of the method of disposing of garbage and refuse. 12. Detailed description of maintenance procedures and grounds supervision. 13. Details as to whether all of the area \'/ill be developed or a portion at a time. C. Design Standards: 1. . Park size: a. The minimum area required for a mobile home park designation shall be ten (10) acresr, excluding wetlands. 2. Lot size: a. Individual mobile home lots shall comply with the requirements of Subd. 5.B. of this Section. 3. Setbacks: a. Individual mobile homes shall comply with the requirements of Subd. 5.C. of this Section. 4. Parking: a. Each mobile home lot shall provide a minimum of two (2) off- street parking spaces. Overall density of the mobile home park shall be consistent with the City's Comprehensive Plan. @) 4 5. Foundations: a. All mobile homes shall be firmly anchored to a concrete or masonry foundation constructed in accordance with the State Building Code. 6. Utilities: All mobile homes shall be connected to a public sanitary sewer system. All installations for disposal of surface storm water must be approved by the City. All utility connections shall be as approved by the City. All utilities shall be underground; there shall be no overhead wires or supporting poles except those essential for street or other lighting purposes. The method of garbage, waste, and trash disposal must be approved by the City. All mobile homes shall be connected to a public or central water system. 7. Landscapi ng: CD a. b. c. d. e. a. Each lot shall be properly landscaped with trees, hedges, grass, fences, windbreaks, and the like. b. A compact hedge, redwood fence, or landscaped area shall be installed around each mobile home park and be maintained in good condition at all times as approved. c. All areas shall be landscaped in accordance with a landscaping plan approved by the City Council. 8. Storage: a. Enclosed storage lockers (when provided) shall be located either adjacent to the mobile home in a mobile home park or at such other place in the park as to be convenient to the unit for which it is provided. Storage of large items such as boats, boat trailers, etc., shall be accommodated in a separate secured and screened area of the park. 9. Genera 1 : a. For those items not specifically referenced, the design standards as established by the City Council shall be utilized as general development guidelines. 5 .. ~ D. Maintenance. The property owners association or a duly authorized attendant or caretaker shall be responsible at all times for keeping the mobile home park, its facilities and equipment, in a clean, orderly, operable and sanitary condition. The property owners association shall be answerable for the violation of any provisions of these regulations. Subd. 7 REVIEW PROCEDURES All informational elements as required in Subd. 6.B. shall be submitted to the City in accordance with the normal time schedule outlined for zoning district amendments in Section 6, Subd. 3 of this Ordinance. Proposals for mobile home park expansions on properly zoned land shall be reviewed for compliance with the applicable standards and requirements as contained in Subd. 6 of this Section by all designated and official City review bodies. 6 ... 13..1 b NORTHWEST ASSOCIATED CONSULTANTS INC. MEMORANDUM JUN. a 0 1982 TO: Shorewood Planning Commission, Mayor and City Council FROM: DATE: RE: FILE NO: Brad Nielsen 29 June 1982 Mobile Homes 656.09 (82.12) As you are no doubt aware, recent State Legislation prohibits the exclusion of mobile/manufactured homes from cities. Since this legislation takes effect on 1 August 1982, we have been directed to prepare an ordinance designed to control the location of mobile homes within Shorewood. The attached material is in the form of text amendment to the existing zoning ordinance. The amendment was designed with the intention of strictly limiting if not precluding the location of mobile homes within Shorewood through the establishment of procedures and standards which tend to make mobile homes unfeasible. The approach we have taken is to create a mobile home park district. There are primarily two reasons for this approach. First, anyone desiring to place a mobile home in Shorewood would have to go through a rezoning process. To our knowledge, rezonings are where municipalities have their greatest discre- tion - the authority to say.no. Secondly, the applicant has to go through a conditional use process, complying with some rather stringent design standards relative to mobile homes (e.g., 10,000 square foot lot, public streets, concrete foundations, etc.). By the time these ,requirements have been complied with, it would be simpler to construct site built homes. It should be noted that this is to be considered a rough draft. We would have liked to discuss the amendment in detail with the City Attorney prior to sub- mission to the Planning Commission and Council. However, in view of the 1 August deadline this has not been possible. Obviously, the amendment should be subject to his review and comment. In reviewing the amendment, you will see that we have only addressed mobile homes and not manufactured housing. Due to the broadness of the term "manu- factured housing" we felt it would overlap too greatly with methods of con- struction which are undoubtedly acceptable for Shorewood. As a final note, we still have to come up with definitions for "mobile home" and "mobile home park". Potentially, these can be gotten from the Statutes. ~ u.YJ 4820 minnetonka boulevard, suite 420 minneapolis, mn 5~416 612/925-9420 \' Shorewood Planning Commission, Mayor and City Council Page Two 29 June 1982 If there are any questions regarding the issue of mobile homes or the proposed zoning ordinance amendment, feel free to contact our office, cc: Doug Uhrhammer Gary larson Jim Norton Jim Miller SECTION 22C. IR-6", r10BILE HOME PARK DISTRICT Subd. 1 PURPOSE 'RElJM~NARY \ The R-6 District is intended to provide for the location of mobile homes within designated and approved mobile home parks. It is further intended to provide for the health, safety and general welfare of mobile home residents by establishing standards for mobile home parks and standards for lot area, lot-width, lot depth, placement of structures and foundation construction for individual mobile homes. Subd. 2 PERMITTED USES The following uses are permitted, as regulated herein, without speCial applica- tion requirements ~r conditions attached: A. Single-family detached dwellings. B. Public or quasi-public parks and playgrounds. Subd. 3 CONDITIONAL PERMITTED USES The following uses are permitted only subject to the issuance of a Conditional Use Permit as regula ted in Secti on 7 of thi s Ordi nance. A. Conditional uses as permitted in the R-1 District. B. Mobile. homes, as defined in Section 4, Subd. 6 of this Ordinance, subject to the regulations of this Section and only when confined to mobile home parks. Subd. 4 ACCESSORY USES The following uses are permitted only when auxiliary to a principal use permitted above; they may not exist as principal uses in their own stead: A. Accessory uses as listed in the R-1 District. Subd. 5 DIMENSIONAL REGULATIONS The building height, lot area, bulk and yard setback requirements for the R-6 District shall be regulated as follows: A. Building height maximum 1. Allowabl e stories 2. Principal structure (height in feet) 3. Accessory structure (height in feet) B. Lot size requirements 2~ 35 15 1. 2. 3. 4. Minimum total lot area Lot width at building line Lot depth Allowable percentage of lot coverage (all 10,000 square feet 100 feet 100 feet structures) 35% 1 e e C. Yard setback requirements 1. Front: Building line to street line (minimum) 2. Side: Building line to lot line (minimum) 3. Rear: Building line to lot line (minimum) 4. Corner or through lot: Building line to street 1 ine 25 feet 10 feet 40 feet Front yard r~quired for each lot abutting a street N/A 100 feet 5. Oe.LL+..e...d.. - 6. Ln. Setback from "R" District boundary Setback from lakeshore Structural bulk 1. Gross floor area ratio (maximum) 2. Floor area-ratio N/A 0.9 Subd. 6 DESIGN/OPERATIONAL STANDARDS FOR t10BILE Hm1E PARKS A. General Provisions 1. Mobile home parks shall be subdivided on an individual lot basis in compliance with the requirements of the Shorewood Subdivision Ordinance. Only one mobile home will be permitted per lot. 2. Common open space and service facilities within a mobile home park plan shall contain provisions to assure the continued operation and maintenance of such open space and service facilities to a predetermined standard. Common open space and service facilities shall be placed in the ownership of a property owners association provided that all of the following conditions are met: a. Prior to the use or occupancy or sale ,or the execution of contracts for sale of an individual mobile home or lot, a declaration of covenants, conditions and restrictions or an equivalent document or a document such as specified by Laws 1963, Chapter 457, Section 11 and a site plan as specified in B. of this Subdivision, shall be filed with the City of Shorewood, sa id fil ing with the City to be made prior to the filings of said document and site plan with the record- ing officers of Hennepin County, Minnesota. b. The declaration of covenants, conditions and restrictions or equiva- lent document shall specify that deeds, leases or documents of conveyance affecting buildings, mobile homes or lots shall subject said properties to the terms of said declaration. c. The declaration of covenants, conditions and restrictions shall provide that an owners association or corporation shall be formed and that all owners shall be members of said association or corpora- tion which shall maintain all properties and common areas in good repair and which shall assess individual property owners propor- tionate shares of joint or common costs. This declaration shall be subject to the review and approval of the City Attorney. The intent of this requirement is to protect the property values of the individual owner through establishing private control. 2 . e tit C. Yard setback requirements 1. Front: Building line to street line (minimum) 2. Side: Building line to lot line (minimum) 3. Rear: Building line to lot line (minimum) 4. Corner or through lot: BUilding line to street line 25 feet 10 feet 40 feet Front yard required for each lot abutting a street 100 feet 5~'. Setback from lakeshore Subd. 6 DESIGN/OPERATIONAL STANDARDS FOR MOBILE HOr1EPARKS A. General Provisions 1. Mobile home parks shall be subdivided on an individual>lot basis in compliance with the requirements of theShorewood SubdiyisionOrdinance. Only one mobile home will be permitted.per>lot. ',;:' . 2. Common open space and service facilities/within a mobile home park plan shall contain provisions to assure the continued operation and maintenance of such open space and service facilities, to a predeterJ1linedstandard. Corrunon open space and service facil ities,shall be placed/ in the ownership of a property owners association provided that all of the following conditions are met: a. Prior to the use or occupancy or,sale or the execution of contracts for sale of an individual mobile home or lot, a declaration of covenants, conditions and restrictions or an equivalent document or a document such as specified bYiLaws 1963, Chapter 457, Section 11 and a site plan as specified inB..of this Subdivision, shall be filed with the City of Shorewood, saidfil ing with the City to be made prior to the filings of said document and site plar.withthe record- i ng offi cers of Hennepi n County,. M,innesota. . . b. The declaration of covenants, conditions and restrictions or equiva- lent document shall specify that deeds, leases or ,documents of conveyance affecting buildings, mobile homes or lots shall subject said properties to the terms of said declaration. c. The declaration of covenants, conditions and res.trictions shall provide that an owners association or corporation shall be formed and that all owners shall be members of said association or corpora- tion which shall maintain all properties and common areas in good repair and which shall assess individual, property owners propor- tionate shares of joint or common,costs~ This declaration shall be subject to the review and approval of the City Attorney. . The intent of this requirement is to protect\theproperty values of the individual owner through establishing private control. ~;l 2 e e d. The declaration shall additionally, among other things, provide that in the event the association or corporation fails to maintain properties in accordance with the applicable rules and regulations. of the City of Shorewood or fails to pay taxes or assessments on properties as they become due and in the event the said City of Shorewood incurs any expenses in enforcing its rules and regula- tions, which said expenses are not immediately reimbursed by the association or corporation, then the City of Shorewood shall have the right to assess each property its prorata share of said expenses. Such assessments, together with interest thereon and costs of collection, shall be a lien on each property against which each,such assessment is' made. e. t1embership must be mandatory for each owner, and any successiv.e buyer~ f. The open space restrictions must be permanent and not for a given period of years. g. The association must be responsible for liability insurance, local taxes, and the maintenance of the open space facilities to be deeded to it. h. Property owners must pay their prorata share of the cost of the Association by means of an assessment to be levied by the associa- tion which meets the requirements for becoming a lien on the property in accordance with Minnesota Statutes. i. The Association must be able to adjust the assessment to meet changed needs. j. The by-laws and rules of the Association and all covenants and restrictions.to be recorded must be approved by the City Council prior to the approval of the final mobile home park plan. 3. No tents shall be used for other than recreational purposes in a mobile home park. 4. There shall be no overnight camping in a mobile home park. 5. A mobile home park shall have an adequate central community building with the following features. a. Laundry drying areas and machines b. Laundry washing machines c. Public toilets and lavatories Such buildings shall have adequate heating in all areas and be main- tained in a safe, clean and sanitary condition. Community buildings shall be adequate for providing civil defense type shelter for residents of the mobile home park in the event of severe storms or weather conditions. 3 ~ \ . e e d. The declaration shall additionally, among other things, provide that in the event the association or corporation fails to maintain properties in accordance with the applicable rules and regulations of the City of Shorewood or fa il s to pay taxes or assessments on properties as they become due and in the event the said City of Shorewood incurs any expenses in enforcing its rules and regula- tions, which said expenses are not immediately reimbursed by the association or corporation, then the City of Shor?~ood shall have the right to assess each property its prorata share of said expenses. Such assessments, together with interest thereon and costs of collection, shall be a lien on each property against which each such assessment is made. .' . e. t1embership must be mandatory for each owner, and any successive buyer. f. The open space restrictions must be permanent and not for a given period of years. g. The association must be responsible for liability insurance, local taxes, and the maintenance of the open space facilities to be deeded to it. h. Property owners must pay their prorata share of the cost of the Association by means of an assessment to be levied by the associa- tion which meets the requirements for becoming a lien on the property in accordance with Minnesota Statutes. i. The Association must be able to adjust the assessment to meet changed needs. j. The by-laws and rules of the Association and all covenants and restrictions to be recorded must be approved by the City Council prior to the approval of the final mobile home park plan. 3. No tents shall be used for other than recreational purposes in a mobile home park. 4. There shall be no overnight camping in a mobile home park. 5. A mobile home park shall have an adequate central community building with the following features. a. Laundry drying areas and machines b. Laundry washing machines c. Public toilets and lavatories Such buildings shall have adequate heating in all areas and be main- tained in a safe, clean and sanitary condition. Community buildings shall be of concrete or masonry construction adequate for providing civil defense type shelter for all residents of the mobile home park in the event of severe storms or-weather conditions. 3 e e B. Site Plan Requirements: . 1. Name and address of developer or developers. 2. Legal description and size in acres of the proposed mobile home park. 3. Location and size of all mobile home sitesrstorage areas, recreation areas, laundry drying areas, streets, parking areas, and all setback dimensions. 4. Detailed landscaping plans and specifications. 5. Location and width of sidewalks, where applicable. ' 6. Plans for sanitary sewage disposal, surface drainage, water systems, electrical 'service, and gas service. 7. Location and size of all streets abutting the mobile home park. 8. Road construction plans and specifications. 9. Plans for any and all structures. 10. Such other information as required or implied by these mobile home park standards or requested by public officials. 11. Description of the method of disposing of garbage and refuse. 12. Detailed description of maintenance procedures and grounds supervision. 13. Details as to whether all of the area will be developed or a portion at a time. C. Des i gn Standa rds: 1. Park size: a. The minimum area required for a mobile home park designation shall be ten (10) acres. 2. Lot size: a. Individual mobile home lots shall comply with the requirements of Subd. 5.B. of this Section. 3. Setbacks: a. Individual mobile homes shall comply with the requirements of Subd. S.C. of this Section. 4. Parking: a. Each mobile home lot shall provide a minimum of two (2) off- street parking spaces. 4 e e 5. Foundations: a. All mobile homes shall be firmly anchored to a concrete or masonry foundation constructed in accordance with the State Building Code. 6. Utilities: a. All mobile homes shall be connected to a public sanitary sewer system. ~~~ - f 7. b. All installations for disposal or surface storm water must be approved by the City. c. All utility connections shall be as approved by the City. d. All utilities shall be underground; there shall be no overhead wires or supporting poles except those essential for street or other lighting purposes. e. The method of garbage, waste, and trash disposal must be approved by the City. Landscaping: a. Each lot shall be properly landscaped with trees, hedges, grass, fences, windbreaks, and the like. b. A compact hedge, redwood fence, or landscaped area shall be installed around each mobile home park and be maintained in good condition at all times as approved. c. All areas shall be landscaped in accordance with a landscaping plan approveq by the City Council. 8. Storage: a. Enclosed storage lockers {when provided} shall be located either adjacent to the mobile home in a mobile home park or at such other place in the park as to be convenient to the unit for which it is provided. Storage of large items such as boats, boat trailers, etc., shall be accommodated in a separate secured and screened area of the park. 9.' General: a. For those items not specifically referenced, the design standards as established by the City Council shall be utilized as general development guidelines. 5 e e 5. Foundations: a. All mobile homes shall be firmly anchored to a concrete or masonry, foundation constructed in accordance with the State Building Code. 6. Util ities: a. All mobil e homes sha 11 be connected to a pub 1 i c san'ita ry sewer system. b. All installations for disposal 'or surface storm water must be' approved by the City. c. All utility connections shall be as approved by the City. d. All utilities shall be underground; there shall be no overhead wires or supporting poles except those essential for street or other lighting purposes. e. The method of garbage, waste, and trash disposal must be approved by the City. ~ ~ f. All mobile homes shall be connected to a public or central water system. 7. Landscapi ng: a. Each lot shall be properly landscaped with trees, hedges, grass, fences, windbreaks, and the like. b. A compact hedge, redwood fence, or landscaped area shall be installed around each mobile home park and be maintained in good condition at all times as approved. c. All areas shall be landscaped in accordance with a landscaping plan approved by the City Council. 8. Storage: a. Enclosed storage lockers (when provided) shall be located either adjacent to the mobile home in a mobile home park or at such other place in the park as to be convenient to the unlt for which it is provided. Storage of large items such as boats, boat trailers, etc., shall be accommodated in a separate secured and screened area of the park. 9. General: a. For those items not specifically referenced, the design standards as established by the City Council shall be utilized as general development guidelines. 5 e e D. Maintenance. The property owners association or a duly authorized attendant or caretaker shall be responsible at all times for keeping the mobile home park, its facil iti es and equipment, in a cl ean, orderly, operabl e and sanitary condi tion'. The property owners association shall be answerable for the violation of any provisions of these regulations. Subd. 7 REVIEW PROCEDURES All informational elements as required in Subd. 6.B. shall be subffiitted to the City in accordance with the normal time schedule outlined for zoning district amendments in Section 6, Subd. 3 of this Ordinance. Proposals for mobile home park expan~ions on properly zoned land shall be reviewed for compliance with 'the applicable standards and requirements as contained in Subd. 6 of this Section by all designated and official City review bodies. . 6 , ~ e e ORDINANCJl] NO. 10 '1 AN ORDINANCE PRESCRIBING STANDARDS AND CRITERIA FOR THE MANGEMENT OF, FLOOD PLAIN AREAS AND TO MINIMIZE FLOOD LOSSES .IN THE CITY OF SHOREWOOD .... The City Council, of the City of Shorewood ordains: Section 1. Purpose. The Legislature of the State of Minnesota has in Minnesota Statutes, Chapter 104 and Chapter 462 delegated the responsibility to local government units to adopt regulations designed to mini- ' 'mize flood losses. Since the City wishes to maintain eligibility 'in the National Flood Insurance Program and in:order to do so must comply with provisions of 1910.3(c) of the Federal Insurance Aa- ministration Regulations, the Council of the City of Shorewood, Minnesota, ordains, as follows: .( Section 2. Prohibition. - . No person shall erect, construct, enlarge, alter, repair, improve, move, or demolish any building or structure without first obtaining a permit for each building'or 'structure from the City. No rr.ining, dredging, filling, grading, paving, excavation, or drilling operations shall be commenced until a permit has been 'obtained from the City. ' Section 3. Adoption by Reference. The Flood Insurance Study for the City of Shorewood prepared by the Federal Insurance Administration dated May, 1979, and the Flood Insurance Rate Map contained therein are adopted by refer- ence as part of this ordinance. provisions" of this ordi.nance. ,shall apply to the floodhazard,C1reas of the ,City of ShClrewood., The flood hazard areas of the City of Shorewood shall ihclude those areas designated on the Flood Insurance Rate Map cIS being wi t.hin the' 100-yearFlood ,Boundary. ;;11::;''', Section 4. Authorized. uses""){~>,<>([<~]f " Uses having a low damage potential tha~~:do;';l.ot require structures or storage of equipment and material~';shall be per~ mi tted to the extent that they are nQt. PB()l1il:l~~e.d~il:>Y any other; ordinance. ......)- ~6(). ;" ~ e e Section 2.:. New Construction in Flood Hazard Area. New conatruction E1l1d oubatl.llTUn] improvements 01' :3 Lrue lures located in the flood hazard areas shall be eleyated on fill so that their lowest floor (including basement) is elevated.to the flood protection elevation. New construction and substantial improvements of accessory structures or other non-residential structures may, as an alternative, be flood proofed to the above protection elevation in accordance with the State Bu~lding Code. Section 6. Non-Conforming Structures in. flood Hazard Area. Structures. which lie below elevation of 931.0 are hereby declared to be non-coni'orming and the use of a structure located or land, shall not be expanded, changed, enlarged,' or.,,::' altered in a way which increases its nonconformity or flood damage potential. . . Section 7. Subdivision. , . No land shall be subdivided which is held unsuitable by the City Council of the City of Shorewood for reason of flooding, inadequate drainage, water supply, or sewage treatment facilities. All lots wi thin the flood plain clistricts shall contain a build- ing site at or above the regulatory flood protection elevation. All subdivisions shall have road access both ,to the subdivision and to the individual building sites nO lower than two feet below. the regulatory flood protl:::ction elevation. Section 8. Public Utilities in I"lood Hazard'?one.' All public utili ties. and fl:lcili.'ties such as gas, electrical, sewer and water supply systems shall be designed and ccnstructed in a manner to minimize or e lirni ua'Le flood. damage. Sewer Ind wa'ter supply systems shall be deHigned to, minimize in!"il tr'ation by flood waters. . . Section...2..:. Mobile Homes Prohibited i[1 the Flood Hazard Area. No mobile home may beplace<.". or occupied wj~thin the flood haza~d area. ',iUJ ,i)s} Section 10~ Requirements for Occuvancy;~~0StrU6turesin Flood Hazard Zone. " ,.'. ,. , ,i..n the flood hazard zoneDwhich'Lis., '" '~'" .,.f,~T, ~o st:-ucture, hereafter erected'Cllt~red, or moved shall be occupied until the applicant subrnitsacertification by a'regis- tered engineer or architect that theuffriished':t;i)l elevations or other flood proofing measures are in 'compliance/with this ordinance. -2- .:,., ~ e e Section 11. Records.' .. . The City Clerk":AdmlhistratoI' shall maintain;a record of the'elevation of the first floor (including basement) of .all new structures or additions to existing structures in the flood hazard areas. He shall also maintain a record of the,' elevation to which structures o~ addit~ons to structures are flood proQfed. Section 12. Variances. Variances to the provisions of this ordinance shall be reviewed in accordance, with.procedures in Ordinance Number 77. .No.variance shall allowforalower.degree;of/protection than' the flood protection elevation. The Conunissioner of Natural '. Resources shall. receive at least .ten (10) days i notice of all< -hearings on variances. . A copy of all decisions granting a var-' .... ..... iance shall be forwarded to the Conunissionerlwi.thin ten (lO)'days>,;;.' , of such action. ., t.$}:.!\:l no'''' t" --;.: , Section 13. Permi ts Required of Other Gov,e~mental Agencies..,; . The City C;:Lerk7"Administrator shall review:.! proposed. develop....,.;~." ment to. ensure that all necessary permits h~ve.been received' from those.governmental agencies from WhiCh. approv. a.. 1 i.S requi.red by Federal or state law, including Section,404 of the Federal . Water Pollution ControlAct of 1972, 33 US.G...1334. . Section 14. Definitions Unless speCifically defined below, word's, phrases used in this ordinance shall be interpreted so as to give them the same meaning as they have in conunon usage so as;to.gi~re.this ordinanc,e its most reasonable' application. .:;'i" ..... '. . ~' .-.: .~, .' I I "Development" means any'man~made change to ilnpro\~ed or unimproved real estate including,'but not limited to, . buildings and other structures, mining', dredging, filling, gradi,ng, paving, ~xcavation, or drilling operations. . ....>;.~. ....., . . .. ..". L,'..~,.. . " "Flood" means a ger..eral and temporary condrtlol1. 'cf'parti 9.1 or complete i~\mdi..l lion.gf . normally dry.landar.~a,~~;f'r:Qm: . . ",'.. '. ., j.....j;j\.C;l"'....;;..l...h)~,1 (1) The overflow of inland waters; lor jCii)~:l.J.t{T.::; (2) , , ,)t(~JftJ.j1t(1 . .,~; .' The unusual and rapid accumulation or run-off of su::-face waters from any source. "Flood Hazard Areas" or. "Flood. Plain It:; mean's.';~a.nyL; I 'and ;;sus'~epti ble ;~l~~~~'. inunda ted · br.w~ter. from any'sou~gz;t~~;~tr~j;f~i?~ tlon of' '-";, <~){IO 0> \l~)(rlS;' - ~r.:'i -3- ~., .~. e e I.'or the purpose of this ordinance, Lhe regulatory flood plain shall include those areas inunduted by the regional flood and indicated in the Flood Insurance Study. . "Flood Proofing" means any combination of structural anq. non- structural additions, changes, or adjustments:to structures which reduce or eliminate flood'damage to real estate or improved real. property, water and sanitary facilities, structures ,ffild their contents. Flood proofing requirements are contained in the State Building Code. "Flood Protection E'1evation" means an elevation that corresponds . to a point not less tha~ one foot above the water surface elevation associated with the regional flood. "Regional Flood" means the flood having a one percent chance of being equaled or exceeded in any given year. The term is synony~ ~ous with base flood, or IOO-year flood. "Structure" means, for flood plain management purposes, a walled or roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a mobile home. "Substantial Improvement" means any repair', reconstruction, or improvement of a structure, the cost of which equals or exceeds 50'percent of the market'value of the structure either, (a) before the improvement or repair has been started, or (b) if the structure had been damaged, and is being restored, before the damage occurred. For tpe purposes of this definition, "substantial improvement" is considere1 to occur when 'the first alteration of any wall, ceiling, rloor, or other strUctural part of the building commences, whether or not that alteration affects 1:ho external dimensions of the structure. The term does not include, however, either (1) any project for improvement of a structure to co~ply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, or (2) any alteration of a structure listed on the National Register of Histor.ic Places or a State InyentorYc~9fb~ist()~~c. Place;~~ J . ~ .... ,.:. '.' " " " . . , ,- 'c, '.-, " .-~' , " " .'J::,f':rl:\{:;;J'~:r') ,~;,' of'"~ ','Var.iance" means a, modif.Lcation or varr~tJ.'on" from the this ordinance wb.en it 1.3 determl ned1that',tibecaus'e"of; strict enforcemer:~t of this ordinance is>;1mpractical. . ; ,', ;l(;1:t~';b}11IU~~:p .J:}! '1 J:::iitr!. Section 15. Amen.dments. ..:2\,)'!- \', . The ::'lood plain designation, fif,sshoWJ,'l,on th,~ f~ood' il1SUl"~Cer;t!~~e map shall not be,removed fromtheV~:Loodfplaln az;~,~s,unless:Ji.t;.:,.~.~...!....S...;'..:.).s;? .be shown -;hat the designation isln error or that the areah~s".hQcri>\l.n been filled to or above the elevation of..the regional flood'and J.S ,>.... -4';' ;" . . . .~ e e contiguous Lo land:':i ou L:..;ide tile r I ood pJ:J.ln. ~lll:Coi.;..d l~ I.Ct.: pl.iuIJ;'; to tbl:3 l'ulfJ lI1ilY I,f.: lwJ'rnlLLt:dl,y LlII: 1:llllll/d::::i.Olll:I' of N:t1oll,o:d Resources if he determines that Lhroul';tl other rneasure~, ][}nd~, r;lFI~ adequately protected for the in Lended Ut,e. All amendments to this ordinance, lncludi ng amendlllentfj Lo Ule official Flood Insurance Rate Map must be submitted to and approv~d by the Commissioner of Natural He::;ouI'ces prior to adoption. Ch::.:.nges in the Flood Insurance Rate Map also require prior approval by the Federal Insurance Administration. Section 16. Violation and Penalty. Any person, firm or corporation who shall violate any of the provisions hereof shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not to exceed 0$500.00 and/or by imprisonment of not to exceed 90 days. Each day . that a violation continues shall constitute a separate offense. Section 17. This ordinance shall be in force and effect from and after its passage according to law. Adopted by the City Council of Shorewood this -1Jc:t;,oe.r , 1979. ?(e( ~.:l. - day of ~~~ar;~-~ Mayor Attest: -f~dmil;istr~to ", -..J- .:.', ~ J - L .. - "/"- - - OFDHIANCE lJO. AN ORDINAfJCE AHENDItJG ORDINANCE UO. 109 OF THE CITY OF SHaRF-HOOD BEIUG AN ORDItJANCE PRESCRIBING STANDARDS AnD CRITERtA F'OR THE HANAGEMENT OF FLOOD PLAIN AREAS AND TO rlINItn ZF. FLOOD LOSSES III THE CITY OF SHORE\'100D.' The City Council of the City of Shorewood does ordain: Section 1. Section. 3 of Ordinance No. 109 is hereby amended as follmls: "Section 3. Adoption by Reference. Flood Insurance Study for the City of Shorewood prepared by the Federal Insurance Administation dated May 1979 and revised July 2, 1982 and the Flood Insurance Rate Map contained therein and any further revisions to the Flood Insurance Rate Hap by the Federal Emergency Hanagement Agency adopted in the future are adopted by reference as part of this ordinance. provisions of this ordinance shall apply to the flood hazard areas of the City of Shorewood. The flood hazard areas of the City of Shorewood shall include those areas designated on the Flood Insurance Rate Hap as being within the 100-year Flood Boundary." Section 2. This Ordinance shall be effective from and after its passage and publication. ADOPTED B'f THE CITY.COUNCIL OF THE CITY OF SIIOREHOOD this day of , 1982. Fobert Rascop r1ayor ATTEST: Clerk/Administrator *6YJ ~ NORTHWEST SSOCIATED CONSULTANTS INC. MEMORANDUM TO: FRO~1 : DATE: RE: FILE NO: Shorewood Mayor and City Council Brad Nielsen 20 July 1982 Comprehensive Plan Revision 656.03 This memo forwards the proposed text of the Comprehensive Plan revision intended to provide the information requested by the Metropolitan Council. It has been prepared as as appendix to Report No.4, Policy Plan/Develop- ment Framework, dated September 1981. This appendix can simply be attached to the back of that report. We have also included a new table of contents which includes the appendix. It is .suggested that this information, as may be modified by the City Counci 1, be forwarded to the Metropolitan Council. A cover 1 etter shoul d be prepared asking Metro whether or not the new information has to be re- ferred to adjoining corrmunities and affected units of overnment. If there are any questions concerning the proposed revision, please do not hesitate to contact our office. cc: Doug Uhrhammer Ga ry La rson Jim Norton /' ~6.~ 4820 minnetonka boulevard, suite 420 minneapolis, mn 55416 612/925-9420 .:;,., ~ e e Table of Contents CHAPTER 1 INTRODUCTION CHAPTER 2 ISSUES...........................o............. Introduction .......................... ~ . . . . . . . . . . .. . . . No tura I Resources ...................................... land Use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Transportation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. Community Facilities/Services................. .. . ... . . .. CHAPTER 3 PC> lICY PLAN................. .. . . . . .. . . . . .. . . Introduction .......................................... Community Goals............................ . . . . . . .. . . Environmental Objectives....... . . . . . . . . . . . . . . . . . . . . . . . . Envi ronmental Polic ies ................................. Land Use Objectives.... e.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . lan"d Use Policies...................................... Transportation Objectives. . . . . . . . . . . . . . . . . ~ . . . . . . . . . . . . . Transportation Policies................................. Community Facilities/Service Objectives................. Community Facilities/Services Policies '...........~....... Administrative Objectives........... ... . . . . . .. . . . . . . . . . . Adm i nistrati ve Po I ic ies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ,Page No. 3 5 6 9 12 15 17 19 21 24 25 27 29 35 36 41 42 47 48 CHAPTER4 PLANNING & DESIGN CONCEPTS .............. 51 CHAPTER 5 DEVE LO PMENT FRAMEWORK.................... Natural Resources Plan................................. Land Use Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ; Transportation Plan .................................... Community Facilities/Services Plan...................... Area PI ans . . . . . . . . ;, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . CHAPTER 6 APPENDIX . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . la rlCf Use P I an - 1990 . . . . . . . . . . . . .,. . . . . . . . . . . . . . ., . . . . . . . Community Facil i ties Plan - Sanitary 'Sewer . . . . . . . . . . . . . . . . Implementation Program. . . .. . . . .. . . . .. .. . . .. . . . .. . . . . .. . ~ 59 61 69 83 97 109 123 125 127 128 e e "Appendix ;;..~ ~ e e LAND USE PLAN - 1990 Pages 71 through 81 provide an overall plan of development for the City of Shorewood. Page 75 graphically depicts the pattern of land use proposed by the City at this time. As noted on page 79, the land use pattern and resulting population and household projections represent saturation, that is, ultimate land use if all land is developed to its full potential. The Metropolitan Land Planning Act requires local units of government to prepare land Use plans for the year 1990. The following text and map are in response to that requirement. . As indicated on page 71, a. land use plan is formulated to show logical rela- tionships between varieties of land use types. The development pattern established is the City'S attempt to recognize the needs and desires of exist- ing residents as well as those of future residents. To try and project how much development and where it will oCCur within a specific time period for a community such as Shorewood is difficult at best. While other communities with as much undeveloped land as Shorewood can relate land use projections to future plans for extension of utilities, streets, etc., Shorewood is completely serviced with sanitary sewer and the primary circulation system is in place. Consequently, the only thing to hold back development in the community is the market itself, over which the City has little control. In view of this rather unique position, the best the City could do is to base future development for the next 10 years on its experience in the last decade. In 1970, there were 1,112 residential units in Shorewood. By 1980, that number increased to 1,482, a 33% increase. Applying that increase to the next 10 years, an additional 489 units would bring the 1990 total to 1,971. As far as where these units would be located and how much land would be utilized, the City has compiled a list of development projects which have either been approved or proposed for the community. The list is keyed to a map on the fOllowing page showing the location of these projects. In addition to acreage and number of units, the list indicates the type of units contained in each project. Proposed commercial development is also shown. APPROVED OR PROPOSED DEVELOPMENT Nap No. Project Name (and type of units) Units Acres 1 Amesbury West (two family and townhouses) 32 14 2 Boulder Bridge Farm (Single family) 46 75.8 3 Christmas Lake Addition (single family) 6 5.3 4 Galpin Lake Addition (single family) 10 5.6 5 Granteville 2nd Addition (single family) 4 3.5 125 -1 ... ~."""'"-"~_""-,?,,"., -. e e Map No. Project Name (and type of Units) Units 6 IMDec (multiple family) 18 7 Lovrien, Keith (single family) 6 8 Meadow Cay (single family) .26 9 Near Mountain (single family, quadraminiums and' 273 townhouses) 10 Oak Ridge Estates (single family) 30 11 Ofsted (single family) 7 12 Redfield Homes (two family and single family) 5 13 Strawberry Gardens (single family) 6 14 Woodhaven Plat 2 (single family) 13 TOTAL RESIDENTIAL 482 Commercial 15 16 Minnetonka State Bank Shorewood Medical Building TOTAL COMMERCIAL A'cr~ 3.2 5.5 26 166 33 5+ 2 12 8.3 365.2 .3 1.1 4.4 It should be noted that thjs list of projects includes only those which contain four or more units. Several property diuisions resulting in three or fewer lots have been approved by the City. Since they are small and scattered throughout the community, they have not been included on the list or map. Based upon existing development and projected construction, the 1,971 uriits translates directly into households. Multiplying this number by the Metro- politan Council's projected household size of three persons f3er household results in a 1990 population of 5~9F3. COMMUNITY FACILITIES PLAN - SANITARY SEWER Based upon the population and household figures projected in the 1990 land use plan, the City of Shorewood will have a daily sewage flow of .59 million gallons at that time. This is based on a daily flow of 100 gallons per household. The Metropolitan Council has requested that the City provide a map indicat- ing existing and potential intercommunity service areas. This map is con- tained in the map pocket following. The tables on the following pages were 127 .;;.'. ~ "\ e e prepared by the City Engineer and provide a list of the intercommunity sewer connections to and from Shorewood. Two projects which have been approved by the City will result in inter- community flow to other communities. Amesbury West, located in drainage district 13, will flow to gravity interceptor MWCC-6 in Deephaven. Near Mountain, located in district 1, will flow to gravity interceptor MWCC~5 in Minrretonka. The following table shows the anticipated number of con- nections for these two areas based upon phasiryg 'plans which have been submitted by the developers. MWCC-6 MWCC-5 1982 "'0 4 1983 25 7 1984 25 7 1985 . 25 7 1986 25 7 To ta 1 100 32 IMPLEMENTATION PROGRAM ShorewOod currently has a wetland ordinance which is considered to be satisfactory at this time. The City has also adopted a flood plain ord- inance co~sistent with state and federal requirements. Shoreland manage- ment regulations are incorporated in the new zoning ordinance reYision which is currently under study. Also being studied at the present is a revised subdivision ordinance which will be updated to reflect recent changes in state legislation. Both the zoni and subdivision ordinances, are anticipated to be completed and adopted ri~ Since the entire city is served by sanitary sewer and nsite systems are not allowed, the City will not undertake an onsite sewer ordinance. 128 .:.'. 1 " ~ . l~ " .l ~ \. ~ "' ~ Eo. ;< 4 r;., r~N....: -: ~ ,./ "r ~. ~I:.tt:~ :"~:f.'~ '.-- ~-, \~~~~-~~\" ,.' \ FM':-).~ ~. ---,~. >' ,'t>o' . '. ..11'...." .c :.T? 'I.v.<:c:' _ ~ - ~~. to i j ..~ ", .. J ,~ :"::v_ ., .. ,,'" ,\ .._~ \ , " . 2 'I' I ~: , "&0' \.,', < , '''0 " ~ ,--...., -\ ,. v' .~ It, t <'":"" :'~:'~"'>" # ':'.;' . '\ ~ " '\ , , '. J .0 ~hr- ,'. . -/.0. -l.to.:_'~ ~;I.. "~~ ,,-' ;~~.....::. ~~. . /1 . ".r '_~' 1, ."..... t . 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CU .,... ::E: I.L. ~ . VI CIJ 'r- +-> ." 'r- "0 "0 ~ e 0 0 e ::l 0 0 0 s ~ ~ +-> . e e CU 0 CIJ CU e u CIJ CU e l- s.. .,... <.!J <.!J :E: e 0 .... I- co ('I") +oJCIJ I I u..o u ~ CUE u qo e ::l 3 I ,.,.. ez: :E: <.!J :E: , 0 u . .~ e 132 ;"f, ~ ri . '" ~ e e JUL. 1 5 1982 South lake .Minn'etonka Public Safety Department 143 OAK STREET EXCELSIOR, MINNESOTA 55331 EARL L. JOHNSON Chief TO: FROM: DATE: RE: ,*lp (6121 474-3261 M E M 0 RAN DUM ---------- L-- Robert Rascop, Mayor, and Doug Uhrhammer, Administrator Earl L. Johnson July 14, 1982 Exhibition Driving I have discussed the need for an ordinance that addresses Exhibition Driving for Shorewood with Gary Larson. He feels as I do that the attached ordinance would be of value to the department. I would request that the attached be considered by your council. e e EXHIBITION DR.J:VmG No person shall operate any motor ve~cle with unnecessary exhibition of speed on any public or pri'Vate way wi thin the ci 1;y limits. Prima facie evidence of such un- necessary exhibition of speed shall be any or all of .the following: (a) Unreasonable squealing or scre- eching sounds emitted by the tires; (b) The throwing of sand or gravel by the tires of the said vehicle: (c) Unreasonable skid, sway or slide upon acceleration or stopping. Iii " '//7 ~ *Cb one of two ,. Compl~dnt .~ Geese DroDnine:s e e Mr. Curren Nielson 5435 Timber Lane (474-7372) 7/19/82 I talked to Dick Wendsell, U.S. Fish and Wildlife Service, (725-7830). The only time that the geese can be caught is when they are in moult. The moulting season just ended. , Mr. Wendsell said he would be glad to talk to Mr. Neilson, if you wish him to do so, call him. He also suggested that Mr. Neilson put up a fe~ce. If the geese are walking in from the bay, it will stop them, if they are flying in other methods will have to be used. ALTERNATIVES 1. "Tell the City Fathers to write a letter of request." It must be an offical letter stating only that there is a problem with geese and assist- ance is needed. l2l U.S. Fish and Wildlife Service Fort Snelling St. Paul, MN 55111 l2l DriR - also requesting aid. After the letter is received Mr. Wends ell will gladly meet with the Council and the miR. NOTE The U.S. Fish and Wildlife Service or ,the DNR will. not remove geese without City help. They have had too much trouble in the past with groups of people trying to.protect the geese and chasing them away from the nets, hasseling the workers, etc. They would also have to have Police Pro- tection. 2. Council can pass a law "No feeding ducks or geese in the Cit;}r". (It lias mentioned that this is probably something like trying to license cats!) 3. Propane tanks that let off loud noises approximately once a minute. (Not feasible as sound equals shotgun blast every minute night and day. Used on farms in the country.) 4. Open hunting season. (Coinciding with stat;.e season) This depends on whether or not the city has a no hun'LinC ban. This would be a Council decision and need state approval. 5. Smashing eggs in nests was also mentioned-withapproval-but more or less as a last resort because of the contoversy it could cause. ~ hlo of two ,. J ' GE:oow:. INFORMATIO~ e There seems to be a National problem not only with geese, but with deer and other birds and animals. Mr. Wendsell seemed quite angry about the fact that most cities pass a . "no hunting" la\'l and greatly contribute to overpopulation problems. Lake Calhoun Geese Problem The U.S. Fish and Wildlife Dept. captured all the geese. All the old ones had their wings clipped and were taken to Carlos.Avery. They will be shipped to Oklahoma and their wings will be clipped again so they can't fly_ The charges were paid by the people that requested them. The young geese were taken to Carver Park. Their wings were also clipped. They will be going to the Tennessee Valley Authority, also paid by them. 57 .geese were again released into Lake C~lhoun. One thing that might be of interest is the fact that once the television cameras eo~ involved, they did more good than harm, because they made people a~lare of the over-population prOblem, and what would happen if it wasn't taken care of. HovinF-: Feese - This has to be handled ver~r carefully. There is at present a law suit going because some geese were transfered into northern Minnesota and the farmers are suing because of crop distruction. Sue Niccum ,;,., ~~. e e RESOLUTION NO. RESOLVED, that the City Council of the City of Shorewood does vote to withdraw from participation in the South Lake Minnetonka Public Safety Department, being presently a joint venture which includes the cities of Tonka Bay, Excelsior, Greenwood and Shorewood. The Mayor of the City of Shorewood is directed to so inform the mayors representing their respective communities on the coordinating committee, being a committee in charge of the operation of the police force, and the City Clerk is instructed to thereafter serve formal notice of this City's withdrawal from the contract upon each of the respective City Councils and the secretary of the committee. This resolution and notice,served pursuant thereto shall serve as notice of withdrawal by the City of Shorewood from said contract at the earliest date allowed by the contract, but in any event, no later than December 31, 1982. The Mayor is designated as the representative of the City Council for the purpose of winding up and terminating the interest of Shorewood in the joint police force. 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'l~'- ii 6n+eR -- - - - - ~g -t.-.- J.. . . ..... . . .- 1'4 ~.J-u...,. rlLe'~.I""l..,..) :::';:'}(~ t.i.~":(~i'Z;f;/, IN-,~'l cr:~";, ------------ ,.......-.In"^li'.-_~T~_.~,,,__._.J~.__.___.a.l.A..'.. .__....--ll:U. . ,. _ ."V.. ..________... . - e e /#1J~j:t-ldt- ~ . '. 11: ' '''~'''''- ., 1)#P,....r:;~J.~ AJf'~~~ ~-- - - -~,~ ~-- __~_ _C- ~;"" q~._._L,~J~~ 8v ....~,.~.J . "'"~ ~~ ~.,~-.-----_._-_._._^.~--'"'^------_._-~-~--_. e e SMITH b PERSIAN ATTORNEYS AT LAW THE IVY TOWER 11l~ SECOND AVENUE SOUTH DONALD K. SMITH GARY E. PERSIAN MALCOLM D. MACG REGOR DENNIS E. DALEN RANDY V. THOMPSON MINNEAPOLIS, MINNESOTA 1515403 TELEPHONE (612\339-6733 July 20, 1982 ROCKf"ORD Of"f"lCE P. O. BOX 279 6016 MAIN STREET ROCKf"ORD. MINNESOTA 55373 TEI.EPHONE (eI2)~77-e833 Ms. Sandra Kennelly City Clerk Shorewood City Hall 5755 Country Club Road Shorewood, Minnesota 55331 Re: Hwa-Sin, Inc. Beer License Dear Ms. Kennelly: I am writing to confirm the various conversations we have had over the recent weeks concerning the Fortune House, Hwa-Sin, Inc. wine and beer licenses. As you will recall, the State rejected the wine license because Minnesota Statutes require liquor licensees to be United States citizens. After learning of this I contacted John Muer of the Liquor Control Commission and advised him that based on United States Supreme Court precedent such a citizenship require- ment is unconstitutional. Mr. Muer has been diligently seeking an opinion from the Attorney General's office concerning this and has promised to advise me as soon as a decision is made. In other words, the State is reconsidering its decision. When I told Mr. Muer that you were considering revoking the beer license of Hwa-Sin, Inc. because of the State's action on the wine license, he requested that you take no action until a decision is made as to the constitutionality of the requirement of citizenship. Based on our conversations, I am assuming at this point that you in- tend to abide by Mr. Muer's request. If you do seek to revoke the license, Minnesota law does require that my clients have a hearing before the revocation. Therefore if you intend to revoke the license I request that you schedule a formal hearing and send both me and my client notice of the hearing. I also want to thank you for the spirit of cooperation your office has shown as we try to resolve this problem. Your cooperative and courteous attitude and demeanor have certainly made it much more easy for my clients to deal with this problem. DED: bmb ., RESOLUTION NO. 4-HCRRA-82 The following resolution was offered by Commissioner Derus, seconded by Commissioner Olkon: WHEREAS, an advisory committee of municipal representatives was established to consider possible interim uses of the former rsilroad corridor, and WHEREAS, the advisory committee met a number of times and developed .' a report of recommendations for interim use of the corridor. BE IT RESOLVED, that the recommendations as set forth in the HCRRA " Advisory Committee Report dated June 1982 (on file with the Board Secretary) " hereby are aprpoved for impl ementation. Commissioner Robb moved an amendment to the Trail Use, Page 2 of the Report, Item 5, the first sentence after the word "Excelsior" add: "subject to limitations imposed, if any, by municipalities." The motion was seconded by Commi ss ioner Johnson and approved unanimousl y. The question was on the adoption of the resolution and there were seven YEAS and no NAYS as follows: HENNEPIN COUNTY REGIONAL RAILROAD AUTHORITY BOARD OF COMMISSIONERS Randy Johnson YEA NAY OTHER X X X X X .L- X Richard E. Kremer John E. Derus E . F. Ro b b" , Jr. Sam S. Sivanich Nancy 01 kpn Jeff Spartz, Chairman Resolution adopted July 6, 1982. ....-...-.. ATTEST: . -:- . Sam S. Sivanich, Secretary / .4 REPORT OF HCRRA ADVISORY COMMITTEE June 1982 Background The HCRRA Advisory Committee was established with members from the affected municipalities of Hopkins, Minnetonka, Greenwood, Excelsior~ Sho~wood, Deep- haven, Tonka Bay, Victoria, and the Hennepin County Park Reserve District. The committee members were appointed by tne respective municipalities. The purpose of the Advisory Committee is to carry out a cooperative process among affected local governments and agencies to investigate, comment and recom-" mend on potential interim public uses of the railroad corridor between Hopkins and Victoria. The HCRRA eventually will determine the interim public use and other aspects of use that there will be within the corridor. Status There have been three meetings of the Advisory Committee: February 25, March 22, and May 18, 1982. At the last meeting the committee reviewed and discussed the Staff Report of April 1982 which recommended on certai~ aspects of interim use for the corridor. The following are the Advisory Committee positions and recommendations: Excelsior Lake Minnetonka Historical Society Recommended that the depot building be leased to the Historical Society with a condition that there will be no historical registration of the building. St. Alban's Bay Bridge There is not consensus or. recommendation as to whether the bridge should remain in place. The City of Greenwood has submitted a resolution requesting immediate removal of the bridge. The City of Excelsior has submitted a resolution requesting that the bridge remain in place until study of the impact of removal is compieted. The bridge is located in both Excelsior and Greenwood. The reasons given for removal of the bridge are poor overall condition, inability to open swing space due to poor condition. liability, harassment of boaters, littering, partying, etc. As of this date, the HCRRA has not made a detailed inspection of the condition of the bridge.". It is planned that the inspection will be made as soon as possible. It;s believed that such inspection, together with other aspects such as elevations, widths, etc., should be investigated and evaluated before bridge removal is considered in order to protect the future rights and needs in the area of the bridge. Excelsior Bridge It is recommended that the bridge on Courtland Street over the right-of-way remain in place and that the HCRRA perform maintenance required at an early date. A . rlCRRA Advisory Committee Report June 1982 Page 2 Police Problems/Solutions Recommended that the local police patrol and enforce in the respective areas of the right-of-way corridor. Tra i1 Use The following are recol11Oendations for inte.rim corridor uses: 1. Motorized vehi~les with ,wheels not permitted on any portion of the f\ corridor. ~, ~ ~ ~ Hunting not permitted on or from any portion of the corridor. ~ ~ Bicycle riding not permitted on any portion of the corridor. 4. Walking, running and skiing permitted on all portions of the corridor. 5. Snowmobiling permitted on the portion of the corridor westerly from Excelsior~ Also, that the Southwest Trail Association proposal be accepted for the portion of the corridor that snowmobiles are permitted. Corridor Maintenance and Marking It is recommended that the HCRRA provide signing at all street crossings to prohibit motorized vehicle use. Signing for snowmobi.le use provided in the snGwmobile use portion by the Southwest Trail Association as stated in their proposal. It is recommended that maintenance be provided as follows: . , -The HCRRA provide minimum surface maintenance. -The HCRRA provide weed control for the entire corridor. -The HCRRA provide trash/debris pickup at least once each year in the entire corridor. " -The HCRRA provide mowing within the corridor in areas adjacent to developed areas at least once each year. (Note: Mowing may not b~ possible in some areas due to terrain.) Information Program It is recommended that the HCRRA develop a program to provide information to the public through newspapers and other media regarding the HCRRA corridor. The program information should contain such items as public ownership, uses permitted and not permitted, corridor patrolling, consequence of violations of non-permitted uses, benefits of permitted uses, etc. The information program should be presented in as positive a manner as possible and should stress the interim use aspect. The commi ttee vii shes to express appreci ati on for the opportunity to parti ci pate in this aspect of the HCRRA corridor planning. We anticipate that future planning will be carried out in the same manner. *Amended by resolution, adopted July 6, 1982, to add: "subject to limitation5 imposed, if any, ,by municipalities." "