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091382 CC Reg AgP .... CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, SEPTEMBER 13, 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 Gagne_ Mayor Rascop~ Haugen_ Shaw Leonardo 4'- . 1. APPROVAL OF MINUTES: ~/ Meeting - August 23, 1982 ~. Meeting - August 30, 1982 [Attachment #la] [Attachment #lb] 2. MATTERS FROM FLOOR: / 1/-- ~-lcL" ( b. 3. SIGN PERMIT APPLICATION Ronald Mielke, Vice President Naegele Outdoor Advertising [Attachment #3] 4. AMENDMENT TO COMPREHENSIVE PLAN Planner Brad Nielsen [Attachment #4a] Recommended Amendment [Attachment #4b] Amended Articles 5. AMENDMEN'l- .TO THE ZONING ORDINANCE #77..;.. "C-4" Commercial Service District: [Attachment #5c] Recommended Amendment I SIMPLE SUBDIVISION:REQUEST Mr. R. A. Niglio, 20625 Manor Road: [Attacpment #6a - Application] [Attachment #6b - Planning Commission Recommendation] . . September 13, 1982 Council Agenda - 2 - ' ~ PLANNINGCOMMISSION~REPORT: a. b. 8.COMMISSION.REPORT: Recommendation: An Ordinance amending Ordinance No. 91 [Attachment #8] 9., .ATTORNEY'.S REPORT: ~Report and Resolution on Christmas Point Road Access Problem . [Refer to August 23 Agenda Packet - Attachment la] 10. EN INEER'S REPORT: ,/1;/ Report on Amesbury Special Assessment ~. Report on Amesbury Back-up well 11. ADMINISTRATIVE REPORT: r . ':"':> a. Budget Review" meeting dates ~ -, " ~~ ~ b. Financial Statements [Insert[ ^ [Attachment #lOa] l'C~J~A~ 12. MAYOR'S REPORT a. b. 13. COUNCIL REPORTS: a. Cable.TV b. . . 14. , MATTERS.t'7ROM FLOOR a. b. 15. APPROVAL OF .CLAIMS~AND~ADJOURNMENT: f .- CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, AUGUST 23; 1982 M I N U or E S CALL TO ORDER: -~. COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. The regular meeting of the Shorewood City Council was called to order by Mayor Rascop at 7:30 P.M. on Monday, August 23, 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, Councilmembers, Leonardo, Gagne, Haugen, and Shaw. Staff: Attorney Larson, Engineer,Norton, Administrator Uhrhammer, and Clerk Kennelly. APPROVAL OF MINUTES: Moved by Haugen, seconded by Gagne, to approve the final draft of the August 9, 1982 Council Minutes. MATTERS FROM FLOOR: Traffic Problem - Wedgewood,Drive Greg Sorenson, La Vonne Nordly, and Mrs. Richard Woodridge, all _ from Wedgewood Drive, appeared in front of the Council to express- their concerns regarding speeders and the safety of the children in the area using the road. They would like a "Watch for Children" sign and request the State for a traffic study to allow a reduction in the speed limit to 20 MPH. They felt that the removal of the railroad tracks, and the use of the abandoned railway by local child- ren for a trail, has altered the use of the road enough to consti-_ tute the request. Council instructed the staff to. send. a. letter of \, . request go!"..tl:1e.$t\J~n~ S~ate and ask that they ~s"r;eak-to -nrc!L- /'y :>,/- .~~~i~~~~S ~f afh~' r~ti~a~i~;d:nstal~ nWa.t:cn~-for CI1J:ldf-e.rill srgn ~ear' . -,....._.-..__.~.............._~...._-~!~ t? J~ Christmas Lake Point Easemertt:Problem Mrs. William Kruger of 5680 Christmas Lake Point, requested the Council's help to rectify an easement problem created when the city acquired a portion of tax delinquent property along Christmas Lake Point. Shaw moved, to instruct the attorney to draw the proper documents granting easements to residents using Christmas Lake Point for access. Motion died for lack of a second. Council felt it was .the residents responsibility to supply our attorney with the necessary information to grant an easement. Council instructed Attorney to determine what portion of Christmas Lake Point is currently owned by the city. .J:tla-. "i I Regular Council Me~ng - 2 - 4ItAUgUst 23, 1982 JimMiller:~Building:Permit Jim Miller, City Building Inspector, was introduce~ to the Council. Mayor Rascop invited him to ~sk co,!n<:il f~r help, ~f nee~ed. The Council ~commended him fo~an'eff~c~ent Job and to cont~nue with tact and patience in dealing with the public in his job: Minnetonka Bank Site :~R6bett'Reutiman Mr. Reutiman voiced complaint regarding possible traffic problems that may be caused by th~ construction of the new bank. He also questioned the bank's easement to be acquired from Mr. Driskill, the owner of the property in question. Mr. Driskill was present and stated that the easement would be granted when the bank has presented plans to him that he would first approve. Goose Problem ~Timber Lane , Mr. Wetzel of the Fish & Wildlife Service was present, at the re- quest of the Council, regarding a problem with a large amount of geese on Timber ,Lane. Mayor Rascop reviewed the problem and ask- ed him for suggestions to resolve this problem. Mr. Wetzel reviewed various methods to eliminate the over-popula- tion problem but he felt this was something that should be address- ed by all the communities around the lake, instead of just one. ~~." Mayor Rascop will make ~he L.M.C.D. aware of the problem and ask for their help. Council directed a letter of thanks be sent to Mr. Wetzel for his information. DISCUSSION OF ,CABLE T.V. Mr. Chris Donaldson of the Minnesota Cable Communications Board was present to review procedures and the alternatives available to obtain a franchise for Cable T.V. The City may go through the process with the existing group, or withdraw from the group with their approval, and go through this process alone. We can't qualify to connect to an existing cable area because we are too large. Mr. Donaldson did feel that the larger the area to cable would bring possibly more bids and better prices from cable companies and he felt that the reimbursement of the cable expenses would then be covered by t~e cable company that is granted the franchise. The Council had some disagreement to the Joint Powers Agreement and to the request for additonal expense money for the Cable Board. Sandy Brunton, representative for Shorewood to the Cable Board, and Mr.. Donald- son did feel that this was a good agreement for the cities. Further dis~ cussion regarding the contract will follow at another time. ONE-WAY ROAD REQUEST -COUNTRY CLUB 'ROAD AND LAKE LINDEN DRIVE Mayor Rascop reviewed written response from various agencies: 1] Mi~netonka School District - Did not approve request 2] Excelsior Fire Department -Respons~ time may increase 3] Hennepin County T~ansportation - Didn't feel it would be a problem. 4] Excelsior Post Office - Add $180.00 to travel expense in a year's time. . . Regular Council Meeting - 3 - . August 23, 1982 ONE~WAY'ROADREQUEST'(C6ntinued) 5] S L M P S D ~ Concerned that traff~c will move to a narrower and more populated Minnetonka Drive. 6] Shorewood Center Merchants ~ Opposed to a one-way. Verbal comments were received from Paul Swanson and Ra~hel Leona~ in agreement wi tll the one-way petition.; Mr. S~anson referred to a letter from the police in 1974, recommending more "Stopll signs be installed in this area, and a 1975 traffic count indicating a high traffic volume for a residential street. Mrs.~~~re~~~he Co~ncil to control the traffic and preserve the(E~~dent~al ~_ ~-::/of th~s area. Residents in opP4sition were Bob Reutiman and Gene Clapp; feeling that the traffic was not too heavy and violation should be handled by patrol- ing. Connie Schmid didn't feel this solved the problem, it simply;would move it to another area. Leonardo motioned to accept and implement the petition as presented. Haugen seconded for discussion. Leonardo felt that the solution should give priority to local residents and pedestrians. Gagne agreed that there was a problem but doesn't like the solution. He doesn't feel this is a residential street. Shaw was concerned that this proposal would only move the problem else- where. Haugen suggested installing sidewalks, but this would have to be assessed to the residents. Council discussed various alternatives: MPH. 1] Reduce speed to 20 2] Signs a. b. - No Trucks - Local Traffic Only - 3-Way Stop Signs at: Ech~ Road and Country Club Road Yellowstone Trail and Lake Linden Drive Leonardo withdrew his motion, seconded b~ Haugen. Paul Swanson suggested "No Left Turn" at certain times at Yellowstone into Tee Trail and "No Right Turnll onto Lake Linden Drive. Attorney didn't feel this suggestion was enforceable. Mrs. Meyer requested stop lights at Country'Club Road and County Road #19. County has refused this request previously. c. . . Regular Council Meeting - 4 - August 23, 1982 COUNTRYCLUB- LAKE 'LINDEN DRIVE:TRAFFIC'CONTROL . :RESOLUTION'#69~82 Leonardo moved, seconded by Gagne, to: 1] Request State f~r permission to reduce speed limit ~o 20 MPH. 2] Install~-way "Stop", sign at Echo Road and Country Club Road. 3] Install "Local Traffic Only" sign on a protruding curb at Country Club Road and County Road #19. 4] 3-way "Stop" sign at Yellowstone Trail and Lake L.inden Drive. 5] Request the County to install "Stop Lights" or 4-way "Stop" signs 'at Country Club Road and, County Road #19. 1v-u c...~62...u.-..k .,c:.~. \,..;,S' Motion carried unanimously. - . ~ Reutiman requested the Council to consider adding a shoulder along Country Club Road for pedestrians and school students waiting for the bus. Ev Driskill offered to supply and pay for a students; to be constructed at Echo Road on Club ,Road bus stop. Engineer and Administrator tion. bus shelter for school the west side of Country will check road right-of-way for this installa- t:.~ufkJ>f. '\ The Council expressed many thanks to Mr. Driskill for this offer. ~~~~ f.-i PLANNING COMXISSION REPORT: Kristi Stov.er reported that the Planning Commission had completed the' C-4 zoning and was working on the 1st section of the zoning ordinance" PARK COMMISSION REPORT: Roger Stein from the Park Commission reported on the review of Ordinance #77 with reference to signs. Haugen objects to commercial signs on City Parks. Park and Planning Commission reports', on signs, will be submitted to the Council for review. Park Commission will make recommendation on ice rink policies in September. ADMINISTRATORIS"REPORT Garden Road and West Lane Request was made by to reduce the speed request arid felt it Way to the request. ~.. Rascop' ~~ _~e.conded by Haugen, to request the State Highway ment to~~earden~Road, West Lane, and Rustic Way to allow " 1 MPH speed limit. Motion carried unanimously. the local residents of Garden Road and West Lane limit to 15 MPH. The Council has reviewed this was responsible and they would like to add Rustic Depart- the 1 1. Regu ar Counci Meet1ng - 5 - . August 23, 1982 Review' and 'Approval' of 'Insurance'.:P6licies ' . RESOLUTION' #70':"82 A review of insurance bids from Roger Hennessy Agency and the League of Minnesota Cities was discussed by the Council. The b~d from the League was accepted for Workmen's ,Compensation. A local "Agent of Record" must be appointed in af~iliation with the Lea~ue policy. Roger Hennessy and Jim Thorn, representing Hennessy Agency, were present. Council requested them to be "Agent of Record" and they accepted. , Gagne would like. to have additional know,ledgable people review these policies before a'final-discussi6n is made. . Spaw suggested a committee of.i1).surance people, .in the city, be established in the future to review various insurance programs. Gagne moved, seconded by Le~nardo, to award coverage on package policy, covering all city insurance except Workmen's Compensation, to Roger Hennessy "Ag'ency and award the . Workmen's Compensation to the League of Minnesota Cities and. appoint the Roger Hennessy Agency as "Agent of Record: also, to establish, a commission to review and recommend policies for future city coverage. Motion carried unanimously. CABLE T.V. MEETING Haugen attended and reported'on a Cable meeting she attended in Edina. This Cable area established two committees, an operating and a managing committee. Each city in this franchise, donated approximately $2500. Council felt that further discussion was necessary prior to signing the Cable Contract. . Leonardo moved, seconded by Haugen, to have a special meeting to discuss the Cable Contract. This meeting .will be held at the City Hall on the 30th of August at 5:30 P.M. Motion carried unanimously. AMESBURY SPECIAL ASSESSMENT 'PAYMENT Council received a letter from Mc Nulty Construction requesting a refund on Special Assessment paid on Amesbury Addition. . Council determined they did not have enough information to act on this matter at the present time. Furt~er information will be obtained and discussed at that time, ATTORNEY'S REPORT R. R. Johnson Violation Attorney Larson informed the Council. of th for the R.R. Johnson zoning violation. ------ -------- Octobe~~Court Date~ ~---'--_.'.-'- Greenwood Lift Station Attorney'Larson recommended Shorewood drop litig~tion against Metro Sewer Board because this would force Greenwood to hire another legal firm,' other than the Dorsey firm, to represent them. Haugen moved, seconded by Rascop, to dismiss the Metro Sewer Board at the Attorney's recommendation; and to continue litigation with Green- wood. Motion carried unanimously. . . Regular Council Meeting - 6---- August 23, 1982 ATTORNEY'S'REPORT'(C6ritinti~d)' EnchantedPoirit"":"Ptib1ic'or"Private Attorney Larson determined that. the road known as Enchanted Point is a dedicated city road. ENGINEER'S REPORT Seal Coating-,Pro1~ct #82":'ST-1~' · Engin~er Norton submitted a"bidin the amount of $21,349. from A11iep Blacktop Company for Project#82-ST-1, Seal Coating and Appurtenant Work, and recommended awarding the project to the Allied Blacktop Company. Rascop moved, seconded by Gagne, to'accept the bid and award the project to Allied Blacktop Company. . Motion carried unanimously. Zagar Construction:Company Engineer Norton informed the Council that he had received a summons to appear in court on August 30, 1982, in reference to the Berg Drywall Company and Zagar Construction Bonding Company. ADMINISTRATOR'S REPORT ,(Continued) Amesbury Association Request A letter was received from the Amesbury Association requesting to grant an "across the board" reduction in the assessed values of Amesbury Homes. Council instructed the Administrator to inform them that this is not a legal procedure and that this matter should be taken up with the Board of Review, heard in the spring. Election Judge Approval RESOLUTION #70-82 A list of Election Judges were submitted for the Council's approval. Mo~ed by Rascop, seconded by Gagne, to accept and appoint the attached list of Election Judges for the up-coming Primary and General Elections. Motion carried unanimously. . Special Assessment Policy. Administrator Uhrhammer suggested that the Council review the Equal- ization Policy of the city and establish a standard policy for all the future projects to follow. Employer Review Policy This matter will be discussed at the Special Council Meeting to be held August 30, 1982 at 5:30 P.M. in the'Council Chambers. . Regular Council Meeting . - 7 - August 23, 1982 MAYOR'S REPORT Police Contract A change in the Police Contract (page 7) in reference to the with- drawal of any of the current contract cities would automatically amend the contract and it would go back .to the remaining cities to create a new budget formula. Also, the Public Service Officer . budget should follow the same budget format as the current contract. Town Meeting The Shorewood Town Meeting will be held at City Hall on Wednesday, September 8, 1982 at 7:30 P.M. Shorewood Yacht .Club The Council has been informed that approximately 45% of all the boats docked at the Shorewood Yacht Club do not have proper regis- tration on them. This will.be mentioned to Mr. Cross, owner of the club. Statement of Account - ,SLMPSD Police Department pay vouchers will be submitted to the Mayor's committee for approval.of payment; if there is no response received in 7 days, all the bills will be paid. Budget Item The Suburban Rate Authority will not be assessing any changes to the cities to be paid in 1983. COUNCIL REPORTS: Snow Plowing Councilman Gagne and Road Department Superintendant Don Zdrazil previously discussed the problem of residents plowing their drive- ways and leaving a large amount of snow in the plowed street. Attorney Larson informed them that there is a State Statute in effect to prohibit this. Council will instruct the Police Depart- ment to issue tickets to violators. ' , APPROVAL OFCLAIMSAND.ADJOURNMENT Moved by Leonardo, and seconded by Gagne, to approve the claims for pay- ment to be followed by adjournment at 1:05 A.M. Motion carried unanimously. General.Fund - [00166] Checks 25925 - 25977 = Liquor Fund - [00174] Checks 9171 - 9235 = $82,257.59 57,652.34 Resp~fully submitted, s;67~ Sandra L. Kennelly, . PRECINCT I * Carol Cranbrook Bonnie Carl Irene Kronho1rI} Kerry Manthei PRECINCT II * Joanne Hermann Virginia Rode Betty Cabalka Lucinda Larson Alice Vosmek Joan Duda Betty Stakes PRECINCT III * Jane Heiland Sue Brecke Mary Ellen Sjoberg Elvira Hoops Barb Brancel PRECINCT IV * Barbara Thibault Litisha Schlasinger Marguerite Ringsred ELECTION JUDGES 1982 Sue Grahn Holly McDougall Nancy Erickson Peggy.Dresse1 . Jane Danser Mary Guenther Nancy Peterson Jean Raby Les Feichtinger June Coad Dorothy Christensen Jane Cole Myrtle Paulson Bob Bottiger Barb.Evans Ginny Soule Vera Horgan Jeanne Englund . Doris .Randa11 Joanne Storlie Nancy Schmidt Mary Knopik .Irene Chanin Joyce Mullen Lee Meimark Bill Maddy Jane Borin. Karen Miesen Carol: Chapman Marge Kazlauskas Keith Soffa Bill Keeler Dixie Dow Mary Nygaard CITY OF SHOREWOOD SPECIAL COUNCIL MEETING MONDAY, AUGUST 30, 1982 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 5:30 P.M. M I NUT E S CALL TO ORDER: The special meeting of the Shorewood City Council was called to order by Mayor Rascop at 5:30 P.M. on Monday"August 30, 1982 in the Council Chambers. ROLL CALL: Staff: Mayor Rascop, Councilmembers Shaw, Haugen~ Leonardo and Gagne. Attorney Larson, Aqministrator Uhrhammer Mayor Froberg of Tonka Bay Mr. Chris Donaldson of the Minn'-Cable Communication Board Mrs. Sandy Brunton, Shorewood re~resentative to the Cable . . . Commission. Present: Guests: POLICE CONTRACT: Mayor Froberg appeared before the Shorewood City Council to respond to questions concerning the Public Service Officer's (PSO) position as defined in the 1983/1988 Police Joint Powers Agreement. Mayor Froberg explained that the PSO position would be funded by contributions from each city in the same amount as each city is presently paying for Municipal and Private Services Incorporated (MAPSI). If a member city wishes to contribute more than that amount, they may do so at their own discretion. If one city does not contribute to the position, the position does not exist. Leonardo moved, seconded by Gagne, to approve the new Joint Powers Contract. Motion carried. CABLE COMMUNICATIONS: The City Council, Attorney Lar,son, Sandy Brunton, and Chris Donaldson discussed at length the proposed Joint'Powers Agreement establishing the Lake Minnetonka Cable Communications Commission. Councilman Leonardo expressed four major concerns that he has. with the present Joint Powers Agreement. They are: , 1] That the yearly expenditures o~ the Commission should not exceed, the Franchise Fees collected annually by the Commission. 2] That the Commission's start-up budget should have a cap, and that cap should be equal to the' sum of the initial contribu- tion of the member cities. 3] That the Commission should not have to travel out-of-state to inv~stigate the operation~ of other cable systems. 4] That the Franchise Fees collected by the Commission should first be used to repay the initiation costs of the member cities. /b - ~~ !lumbar & /lumo s:, ~::~: ;~._~ P1 f\n ChnOK ~"n' ~, a ~I\Lo :Juroht1r~ $-' ...:7 t::J'--cJ-- M6~ro ':J.A.C. $.....--..- .}.~tou roo , _J?".J J'5" ,;;7..t,<'7 I'.,,"l~. C'orl :s to ~ Ho'>l COIlU L 1"\.10 Lion o o o 0' UUD'rO'rAL t Remodel or Add :Jawor Panni t II Wntor Penn! t II f.' ~ $ -~ TOTAL $ .s-9. . D.te P.id &/0:/10- ~J. I , r~a~pi #="~d-53 $ 'X II 11 P II nn 1. t II FiN Repair (Por O!'!1ce Use, only) ~w ARNING Bdore digging c.a.llloeal ulilllies lELEPHONE. ELECTRIC. GAS Ele. !1 r: (:) IJ I R ~ r) BY LA \^I 1'r-bperly trwner: 2l!! QE SHOREWOOD J3UILDINO PEIDIIT APPLICATION .. Date June 18, 1982 Name Harry Niemela Add~SB 19385 State HwY.. 7 Telephone, .47.4..8:]41-.- Contractor: . " Name Nqegele OUtdoor Advertising Company Add~ss 1700 West 78th Street __Telephone 869-1900 . 1. Legal Description of Proporty includ~ng Street Address if known: S 1/2 Sec. 25, TWN. 117 Range 23 - 410030 Plot Plan: Attach plot plan of lot Bhowin<< location of any proposed or existing buildin~ on DllJ110 with. rcapecit to boundary linea. Show on plan present or proposed.' location of water. supply facUities' and 'Water and sewer supply piping. Plot 'plans arc to be certified by a aurvayor.Diaposal,qf surface wa.ter must b'e shown. Soil Dearing Teat may bo requirod at foundation level by a minimum or two boringo by a.Profcsoional Civil Engineer. , . Names and Addrc,socs of Sub-Contrnctora or Inotallera of: 1. Construction , 2. 'S8.11i tary SeHer Connootions 3. \tell and Hater Supply Systems Construction Informations 1. Estimated valuo of work for. which 'pennit iB requested, ,not. including va.lue of lot $6,000.00 i 2. T,rpe of work to be done s (rrame dwelling; remodel, othor.) Erect an Outdoor Advertisinq'Structure 1Q' x 36'-~S' ~hn~7P,r.rrl~~ ~ttach copy of 'Working dT~wingo for,which oonstruction pcrmit is Attach domestio water s~~plY specifications if i clu 3. ~que8t ed. 4. B well. -Jt3 ~ e ~--< -,PZ,O?/ /~PI c'h'f/1 J'-.: )... ~; I i ~ ~ ~. YJI I e I 'i.!. ~ ~1 ~ t- \'~ _ , W~,"Q I "('~I \i.i. ' " ',,: ~ lo! I ~I ~ ~, ' I ="1 V1 'I ' --..J ~~ ~ ~ Q :;) ~ r. '-.(. ~ ':)\ ! ~,~ ~, ~ 8 Ql .~ ~~ ~ Vi ~ ~ Q ~ ~ V\ v. ~ { '1 ~ Qi --~ r 00 I ! ...:"~";3.S8Rts.; II ....... '::; .. I 14"- "'~ ~ 1:1 I '" " I I" l' .;j ,0 ", 'oil ~ ~) ;~ ::l....., ~ . ~. ~~ ':0 ~ Ix ~\ le.9 ~ I I 2 - ~ I.. ...."., I ....t. 'e ,- I It I Lot F~ ill.;!!.-~ . II: " " Q "' -I., \oJ ,.ItJ .~ ~I~ .~ J I~~ .~ ~ ,'~ : ''V 5~ ~ ~ q I :~ IS (II) "',: ~) J" l I ,,,~ .J-- .. __ SJ.D__ ~ @ '3 " ,,' 1 ~ . ,'~ .. t-:-'f., " . U4 ~i) 8 o N '0 ...J '0 Lot 2' 1.:" , C " - " ~ ~ " ~i " e DEEPHAVEN-59 GREENWOOD-19 SHOREWOOD-26 II ..;.~- : ... \ ,~:/ I \, .~, . I (21\ ,<.,'\_ .:: w I 12 ~ ~::: I ~ .,~ --:r-L__.:s ___~_ ~ :\.", 'Cor, "\l.st \ 1~ "\ 2"~ ~ ~ ::: -'\~I ~~\~~ - Av- ~ eJ ...I ~ l? ~ (!i\ 13\ (t41 ;,j I It) Qa.) ('11>) <t '" Z o >- I~ z " ... o 2,.. o~ ~ C 0: o r <II "- o w C> " ...J ...J :; (t'l ',.4 ~, . G/~) (i) r-~l (4) ------- ~) r:-!;>7:;---.,; /670 (5$) ::11: 1 ~9.. "'Q "'0. . ).;P:. 50 == - '''''-;',,':'~ j~ t .; 'r . ,. . , ,: , .; 1. . ?H ;'. .Ji.,1 ~ 'if, ~ ~ ~. .5 . :i f J . J~ . ,: , l' Ii q .. , " (\j C\J I 0:. i'-- I, f-': () r(j ........' U.J (f:; l: I , I I e e r , !~....:..(, (,:/:: . ,.,::<~ <', ",. . ,:~..- e e Page 78 INDUSTRIAL Only one area exists within Shorewood which contains uses that could be considered industrial in nature. This area is located along County Road 19 just west of the Shorewood/Excelsior border. Within that area two industrial types of business currently exist. A lake dredging company located on Gideon Bay is classified as:a nonconforming use and operates under a special permit which expires in 1990. On the south side of County Road 19 a small manufacturing firm manufactures and sells docks. · While the City has no desire to expand or even encourage industrial activity, the two businesses are considered somewhat unique and even necessary activi- ties relative to enjoyment of the lake. In that light, the City is now study- ing various mechanisms for recognizing these preexisting activities while still limiting further industrial land use. Page 81 '\- '>.../ Commercial Districts. For the most part, commercial zoning will remain the same as currently exists. A fourth district may, however, be created to recognize preexisting uses which provide lake oriented services with an industrial nature. It is anticipated that application of the new district would be I imited specifically to the area along County Road 19 near the Shorewood/Excelsior border. While the emphasis of the district would be service commercial, some fabrication would be allowed by conditional use permit when accessory to commercial activity. Page 117 DISTRICT 9 . . . . in the northeast corner of the District. Also located in the northeast corner of the District are two nonconforming uses which could be considered industrial in nature. A lake dredgingcornpany operates under a special permit which expires in 1990, and a dock manufacturing operation is loca- ted on the south side of County Roadl?l'!hear the Shorewood/Excelsior border. Badger park provides. . . ""',[1\;, :':Yi\ '-/4- . IS ' e e Proposed land use for this District is basically a continuation of the current development pattern. Particular attention should be given to the non- conforming uses in the northeast corner of the District. The residential land use designation and zoning for this area has been dis- puted as inappropriate. Several factors tend to suggest that the commercial/ industrial activities now existing as nonconforming uses may be acceptable for the area: 1) neither the 'dredging company nor the dock manufacturing business are considered to c;ontribute significantly to the traffic on County Road 19; 2) given the lake oriented nature of both businesses, they can be considered necessary to the enjoyment of the lake; and 3) the "'and use pattern already established provides a transition from the higher intensity uses westward to residential areas. In view of these factors, the City is considering various means to give these businesses a legally conforming status. An additional commercial district has been proposed which would allow commercial/service activities which may have an industrial character. Appl ication of this new district is viewed as being appropriate for only the northeast corner of Planning District 9. While it may be argued that this approach constitutes "spot zoning", when viewed from an areawide perspective the zoning becomes more appropriate. In doing this, municipal boundaries must be ignored for a moment. The commercial/industrial activity in Shorewood can then be viewed as an extension of a similar type of area on the Excelsior side of the border. Although the existing nonconforming uses may be considered appropriate for the area, two very important factors should be addressed in rezoning the area and in the review of future development or expansion requests within the area. First, traffic must be considered. County Rood 19 is already felt to be loaded beyond its capacity. Consequently, uses allowed within the new zoning district should be those which take advantage of the existing high traffic, but do not add significantly to it in terms of volume or tuning movements. Also from a safety perspective, it is highly recommended that access points be consolidated wherever possible. Secondly, although the nature of the uses in the area may be commercial/industrial, the area still exists as an entry into the City. As such, particular emphasis should be given to screening and landscaping. Perhaps the most important. . . . e e It should be pointed out that certain areas of the City may be considered appropriate for office type commercial. ~e. If a market for such use is identified, the City should consider them as transitional uses between residential property and uses of higher intensity, either retai I areas or "!1ajor traffic. If offices are proposed near residential uses, the City should' insist upon adequate access and egress whi ch does not penetrate the resid,ential neighborhood. The City should also require screening and landscaping to minimize any impact on the residential areas. LAKE ORIENTED RECREATIONAL USE . The issue of providing access to Lake Minnetonka is one which concerns all lakeshore communities. While Shorewood recognizes the need for providing access to the lake, land costs appear to prohibit public development of such use. While the private sector has filled this need to a certain extent by providing commercial marinas and semipubl ic boating cI ubs, many questions exist as to regulating such use. location, intensity and number of docks are issues which have been given careful study by Shorewood as well as other lake- shore communities. As a result / the City has formulated a Lakeshore Recreational zoning district as a means of regulating these recreational uses. INDUSTRIAL jJ f No further industrial use is proposed for the City of Shorewood. Only one use now exists in Shorewood which is considered industrial. The lake dredging company located on Gideon Bay is classified as a nonconforming use and operates under a special permit which expires in 1990. While this use is the only one of its kind on lake Minnetonka and considered a necessary activity, it is considered as inappropriate for location in a residential area. The City should work with the lMCD to determine a more suitable location for this operation. POPULATION AND HOUSEHOLD PROjECTIONS BASED UPON PROPOSED LAND USE PLAN According to the Metropol itan System Statementfor the City of Shorewood, the City's 1976 population was 4,471 divided among 1,258 households. The table on the following page shows proposed acreages for the various land use categories included in the land Use Plan. Acreages of residential areas were multipled times the suggested densities for the given area, resulting in a projected number of households. As proposed, the four residential areas would yield approximately 3,608 units or households. Multiplied by the Metropolitan Council's projected household size 0.f3.2 persons per unit, this results in a 78 % 11 ~~ e e Commercial Districts. It 'is recommended that a fourth commercial district be created and the existing districts be restructured in terms of intensity. Generally, the C-l District would allow very I imited and neighborhood type commercial; a new C-2 District wauld be specifically for office' commercial; the C-3 District . would be designed for auta oriented commercial use; and the C-4 District would be the general commercial district. Publ ic/Semipubl ic District. Publ ic and semipubli c uses are currently zoned essentially the same as surrounding properties. It is fel t that establ ishment of a district for these uses would provide the City greater control over the land in the event a change would occur in use. If a change in use did occur, it would automatically necessitate a rezoning and publ ic hearing. Lakeshore Recreational District. Considerable study has been conducted to determine appropriate standards for regulation and control of multiple boat harboring and related uses. As a result, these standards have been formulated into ordinance form and will be incorporated into the Zoning Ordinance revision. . 81 .I ., .. ~ Ji ~... e e DISTRICT 9 Smithtown Road to the north., the Excelsior/Shorewood border to the east, Yellowstone Trail to the south and Country CI ub Road to the west form the boundaries of District 9. Existing land uses include large lot residential west of Mary Lake with hal f acre residential develop- ment along Echo Rood and Minnetonka Drive. Commercial uses in this District include auto-oriented commercial on the south side of County Road 19 and a commercial nursery in. the northeast corner of the District. Badger Park provides recreational facil ities for this area of the community and is the location of the City garages and the newly con- structed City Hall. Proposed land use for this District i,s basically a continuation of the current development pattern. It is recommended, however that the commercial use in the northeast corner of th District should eventually be phased out in favor of a medium density residential use. Perhaps the most important concern for this District as well as District 8 involves trans- portation. The issue of Country Club Road and Yellowstone Trail being used as a shortcut between County Road 19 and Excelsior and/or the Shorewood Shopping Center must still be resolved. Two alternatives have been presented: 1) install traffic controls to discourage the free movement of automobiles, making the route less desirable, or 2) accept the heavier traffic flow and design the road to handle it. 117 , e e GRAY, PLANT, MOOTY, MOOTY & BEN NETT A PARTNERSHIP INCLUDING PROfESSIONAL ASSOCIATIONS H.....ROLD co. CANT (IS87 - 1973) HENRY W. l-l....VEASTOCt< ('894-1977) .rR....NKLIN O.ORAY .PRANK W. PLANT,JR. ..JO~N W. MCOTY -MELVIN R. MOOTY .RUSSELL M. BENNETT ,CLINTON A. SCHROEDER . EOWARD .J. CALLAHAN, .JR. -JAMES S. SIMONSON .RICHARD N. F"LINT ... "'.HCMAEL P. !SULLIVAN 'CURTIS O. "'ORSLUNO .RICHARD A. eCWMAN .BRUCE O. GRVSSING 'C. STEVEN WILSON .JOMN 5. CAOUCl-l .OAV10 T. SENNETT .E.DWIN C. CARPENTER -LINDLEY S. BRANSON --IOMN W. TMIEL .NOEL P. MULLER -DANIEL R. SHULMAN .MICHAEL A. CUNNINGHAM 'EUGENE: P.OAl,.Y 'ANDREW C. BE'LOEN 'RICHARD A. MOORE, .JR. ..JAMES R. LANOE "STEP-HEN .J. SNYDER ..JEF"F"REY J. KEYES .BRUCE KRUOER -WILLIAM L. KILLION -.JOMN P. ....AMES "ELIZABETH W. NORTON ".JOl-lN O. MCSH....NE SUS....N L. LENTZ ~OAV'O R. KELLY ~..JOHN E. BROWER ~PAMEL"" N. MERKLE .. THOM....S D....RLING Tl-IOM..... ..J. PATI N JAMES A. VaSE LAW OFFICES OIANE NEF'F' THOM....S R. WIL.HELMY O"'VID N. MOOTY A'CHARD A. H....CKETT GEORGE W. SOULE _ ""LDY e. LINE:HAN WIL.L'AM D. KLE:IN "'NDREW R. KISLIK K&:NT S. HANSON JOHN L. KRENN OyL....N J. Mc:FARLANO WAYNE: O. STRUB\,.E ANN l<.. MOLLOY LYNNE E. STANLEY DAVID M.COYNE 300 ROANOKE BUILDING MINNEAPOLIS, MINNESOTA 55402 TE:L.E:PHONE: (612) 343-2800 TEL.E:COPIER (6.2) 333-0066 TWX 9105762778 1650;UNITEO BANK TOWER """'ZON" O""'CE EDWARD 1"'. LOWRY. JR.__ .. ..JEF"F'REY R. SROOKE ... J. NOLAND fl"RANZ.. CAVID C. AUTHER... 3300 NORTH CENTRAL AVENUE PHOENIX, ARIZONA 85012 TEL.EPHONE (602) 277-8961 0'" COUNSEL. ROBERT L.. HELLAND ROSERT A. STEIN AUG. 3 1982 REPLY TO Minneapolis .. A PAO,...tSSIONAL. ASSOCIATION OFFICE DIRECT DIAL 343-2838 ....AO...ITTED IN "'''IZO'''A ....ND MINNESOT. August 2, ....L.L. OTHE". .....OMIT1'EO 1982 Sandy Kennelly, City Clerk City of Shorewood 5755 Country Club Road Shorewood, Minnesota 55331 Re: Application of Robert A. Niglio to subdivide Lot 61, Auditor's Subdivision 141. Dear Ms. Kennelly: This office represents Robert A. Niglio in the above-captioned matter. Enclosed herewi,th please find Mr. Niglio' s application for the approval of the subdivision of Lot 61, Auditor's Subdivision 141 into two parcels in the manner described in said application. I have also enclosed Mr. Niglio's check in the amount of $750.00 which, I understand, is the amount of the required subdivision application fee. I would appreciate your advising me of the date upon which Mr. Niglio's subdivision application will be considered by the Shorewood Planning Commission. Of course, I will be happy to provide any addi- tional information which may be necessary in connection with the City's review of the subject application. JSC:cf Enclosure cc Robert A. Niglio Bradley J. Nielsen ler J~hn I v (w/enc. ) truly yours, S. Crouch ~a- ,-- e e Case No. ~. CITY OF SHOREWOOD, .MINNESOTA APPLICATION FORM Comprehensive Plan Amendment . Condit iona I Use Permi t Zoning District Amendment Variance Text Amendment x Subdivision Planned Unit Development Applicant. Richard A. Niglio (Nome) ~er Richard A. Niglio (Nome) 20025 Manor Road, Shorewood, Minnesota (Add ress) (P hone) (612)474-3534 Minnesota 20025 Manor Road, Shorewood, (Address) (Phone) (612) 474-3534 Property location (~treet Address and legal Description): 20025 M3.n0r Road, Shorewood,Minnesota. The legal description. of the existing lot is Int 61 Auditor's Subdivision 141. The description of the prot:Osed lots to be created by the requested division of said Int 61 is as follo.vs: Parcell: That part of Int 61 Auditor's Subdivision 141 lying northerly of the 'westerly extension across said 10L of U!e .'!>ouU! liHC:: 0':: LuL 2, Vlilt::: Hill Ht:i~JlJL::, N.1.lJ.lIt:::LuuJ....a, Pd.u..;t:l 2. l1!c:l.L ~t of Int 61 Auditor's Subdivision 141 lying southerly of the westerly extension across' said lot of the soutl1 1 i nF' of Tor ? Vi np Hi 11 Hpi ry,t-c:; Mi nnpt-rmki=l Description and/or Reason for Request (Cite Ordinance Sections): That part of Lot 61 described above ,as Parcell has erected upon it the Applicant's residence known as 20025 Manor Road, Shorewood, Minnesota. The Applicant desires to sell the Applicant's residence, toqether with approximately 3.25 acres of land lying within said Lot 61, together with Lot '2, Vine Hill Heights Minnetonka, which latter lot lies adjacent, on the east, to Parcell and consists of approximately 3.75 acres. It is the Applicant's position that the division. of Lot 61 into two parts as requested here1n 1S appropriate because Parcel 2 is not a necessary part of the premises which currently has the single family residence located . lhe:r:eol!,':jiveH Ll!e~..\.JIlLill~cU.t::c1 uI fla..L~t:l 1 C1llJ LuL2, Villt: Milll'1t:.ights Mi\m~ton~a. . ' In sIgning this application, I hereby acknowledge that I have read and fully understand the appl icable provisions of the Zoning and Subdivision Ordinances and current admin istrotive procedures. I further acknowledge the fee explanation as outlined in the application procedures and hereby agree to pay 011 statements received from the City pertaining to :::: ::p~:::::ense.'Q / developnent plan is /ffr /; ;;;,~ ~ ~ attached hereto as ( Exhibit A. ',-~(Si9na~ur; :r (Dat~) (Please attach supportive documentation and plans) e e MEMORANDUM TO: CITY COUNCIL FROM: KATHY i'lEST, PLANNING COMMISSION ASSISTM.rr PLANNING Crn{MISSION ~~ING SEPTE~rnER 7, 1982 RE: SUBDIVISION APPLICATION (SIMPLE) RICHARD NIGLIO 20025 MANOR ROAD After discussion, Richard Spellman moved, Frank Reese seconded, the following mot.ion: To r~commend that the Council approve the simple subdivision request presented for Mr. Niglio, subject to an agreement which limits further development until plans are approved for all of the remaining property, including the portion in Deephaven. The motion carried unanimously. ~h , e NORTHWEST ASSOCIATED CONSULTANTS INC. MEMORANDUM TO: Shorewood Planning Commission, Mayor and City Co~nci1 FROM: Brad Nielsen DATE: RE: FILE NO: 2 September 1982 Nig1io, R.A. - Proposed Property Division . 656.09 (81.20) BACKGROUND Mr. Richard Nig1io has requested approval of a property division for his property located at 20025 Manor Road (see Exhibit A, attached). The property currently contains an existing residence and is zoned R-l. Mr. Niglio proposes to divide off approximately 3.25 acres with the house leaving approximately five acr~s of undeveloped property. Surrounding development and zoning are as follows: single family residential, zoned R-1 townhouses and patio homes (Amesbury), zoned P.U.R.D. undeveloped land in Deephaven (owned by Mr. Nig1io*), zoned for single family residential. *Mr. Nig1io's Deephaven proper,ty is outlined in dashed lines on Exhibit A. South: West: North and East: As can be seen on Exhibit B, the site is characterized by rather severe topography and a considerable amount of wetland area. ISSUES AND ANALYSIS Although the proposed division can be processed under the "simp1e subdivision" provision contained in Section 2 of the Shorewood Subdivision Ordinance, there are certain issues which we feel must be addressed prior to approval. These issues primarily have to do with future development of Mr. Ni gl io I s property, including the portion which lies in Deephaven. 4820 minnetonka boulevard, suite 420 minneapolis, mn 55416 612/925-9420 /tb Shorewood Planning Commission, Mayor and City Council 2 September 1982 Page Two We initially met with Mr. Niglio at the end of 1981 to discuss a conceptual plan of development for his property. Exhibit C, attached, illustrates the plan we discussed. Due to the topography of the area and the location of Lake Hooper, the Deephaven portion of the property is landlocked in terms of access and utility service capability. Based upon, discussions with Mr. Niglio, the City Engineer and the Deephaven City Enginee~, future development of the property appears to rely on access and utility service throughShorewood. . Mr. Niglio has since taken a job out of state and is unable to pursue develop- ment of the property as he originally intended. Consequently, he wishes to divide the property as simply as possible in order to be able to sell the existing house. As of this writing, we are not sure whether he intends to keep the remaining undeveloped land or sell it also. While the resubdivision sketch shown on Exhibit C is considered a reasonable plan of development for the area in question, we recommend that provision be made for Lot 2 to be accessed via an easement over the existing driveway rather than through the north portion of Lot 61. The reason for this position is that by allowing multiple use of a private drive onto Manor Road, the City would be approving the kind of back lot development which it has attempted to discourage in past requests. Even though" the City has a policy of allowing private access for as many as three lots, it has typically been used where no other public access was feasible. Our position is further supported by the fact that the potential driveway (shown on Exhibit C) would be located on a steep slope and on a sharp curve. While the City Engilleer has indicated that the driveway Shorewood Planning Commission, Mayor and City Council 2 September 1982 Page Three location is not serious enough to deny the lot division (if prop~rly designed and graded), he was not in favor of multiple use of such a driveway. RECOMMENDATION While it can be argued that Shorewood has no authority to control development outside its boundaries, the development of this site does af~ct the City. Future development will require utility service from Shorewood and future residents will be using Shorewood streets. The locatiQn of municipal boundaries is ~ot viewed as reason for approving the type of deve10pment which Shorewood has attempted to discourage within its own boundaries. In addition to the authority to place conditions on subdivision approval, the City controls future development of the area through sewer hookups. It is suggested that this authority be used as leverage to ensure that proper develop- ment of the area is planned. This is not to say that a future owner couldn't simply put one home on the undeveloped land if so desired. However, if the location of that home precludes further development, he has been put on notice via the resubdivision sketch that further development may be affected or even restricted. As a final note, easements should be required over the wetlands for drainage regardless of how the City may approve the division. Drainage and utility easements should also be provided along all lot lines. Since the issues presented involve property in Deephaven, it is suggested that any approval be Subject to review and comment by the City of Deepahven. cc: Doug Uhrhammer Gary Larson Jim Norton Richard Niglio/John Crouch City of Deephaven '" . " ~ - t- ;- ./ .-( ~ ~ " ~ ' . \J\~€. 'j " ~ ~ .~ r. - - "'- e. :;./ ~ --:... ~x j" Se" ~.:i, _. r;~ '\" - c:t r .< <T" ~ ~. " -\ '^ " if \" ..\ .... ... ~ f- (/) ,., :"~J '" . !::;!) o' '--' It "'1 ual :::t:~ : " - :,.f.!j '~~ ..:::Y '.... .~-::~ ;, .;::::::,...I ,.:~~ ~ ~,:,~~ \- ~:.., 'j' '1 -_"-:j " . t, or 1 2 ~ ..J .q~ 10 .. .... ;- l.J G (1' ~ ..:::Y <t js,- ,.J - . ~ <="' .:::::/ g "'" . ~ :' l- N " ,... C~ l/ '. ,.' 0' ~ I 7'"...... ~' al -....& ... l- . r ~ .1 ~ ~ I' ~ -\ ~ I i ~ ,\ .,' c: ~ ~ ~ .- ~ ~r ~ 5 ~ ~.~:'. ~ ~ .- if> - <? .,.." .....J '.' t-,):- ,'} a~ 3 >I'\1l /:"<" .- ? ..:;.; r ~3d .. , ~'l - /7'n !/~ . , ";'~ tI. f'< " ... ""\. '-.. - -. ~ .. +, u ell a:: 0 z "" :!; <f 'C: Z 0 .... .... ur Z 7 C) :!; 0 cr ) .. (-: r. en U) c; .... S' .. J: .. (!) 0 Q. Z ~ )C :! <<, i)~ .. .,.., 0 . VI.... c ::> t ...) r ~) :f " r I '0 I I '" ""' ~ " o .", ''-..1 Exhi bit A SITE LOCATION ~~'Niglio - proposed property ~ (\) ~~ r I t- t .. '( e e i r-i" ! . . , . . rr- - _I f '. :' : ; ~ f. ,: I __,'_ -J- N : rt); -J.I. / t-- _ 1/11,'/' ' I ---- + 1 , ~/"'" 'f'" ,~- ,- ,- ..- ' ,~~,w" ' , ,,,' -' ' ~/!(r~~\~ ~~ h '" ,.' l() I~'/~ 1\\'1'1~\\ . ~ ~\ ' -. _,........L-.. , "i'," 0",' I , . --= ci>-. 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WillS. ~ · r~ 'b )) / ,:'/j;;~1~/ Gf1"~' ""-17~;wfw ", " ~~'~ p~ ,';,; ,\ ; t::!:;,: ill ~\. i' ~ ,f((f,p9 oJ I ",)' \ \.. 'i; 11\'1 /. '!~ - i': ,", ,', ;1" 0 "," 1 I . . ~" \,:'/.tI1 II -, , , I . f A'" ( \.:.. ~ "-~ ~ 1'-20 ( \ (r,,!':::.':--f; ,~;;:; ~ : / f' (__>:-=::::::,:,-~ \ ", i "Exhibit B'~ ~;:-~~ ~' .. !~,/ ~~ ~\ 'l,oIQPOGR , t , i { i-. '" .:.- _.. ~! ~~ '''--- ..".,. II" ~I I' \ \, ---.;on -:---~. I - e . \ , ~l '. . ,- ~ " " ~ ti ~ ~ 0 ~ -l .' .., \ " l \ ... ~ ..., \ ~ . ~ 0.\ ~ ~\ ~ ~.. \ \ ~ ~ ~ f \ \ \ \ e ~ 1 .-''Z- ~ Get .~ ar .... .Q I..:, .. .... .t: ~ X :tlC ~ ,. Exhi bit C POTENTIAL FUTURE DEVELOPMENT (Resubdivision Sketch) ~ , e MEMORANDU1t1 TO: CITY COUNCIL FROM: KATHY vIEST, PARK COMIUSSION ASSISTANT RE: FIRST READING - ORDINANCE #9'-j Attached please find the Park Commission's changes (Exhibit A) for Ordinance #91, Regulationp for Parks and Beaches (Exhibit B), and_ a copy of the discussion regarding-,the issue as noted in the July 19th Park Commission minutes tExhibit C). iLg e e {'It. . (.) ORDINANCE NO. . AN ORDINANCE AMEUDING OHDINAllCE NO. 91, AN (JRn.INANCE FOR THE PURPOSE OF REGULATIUG THE USE OF PUBLIC PARKS AND PUBLIC nP.:ACHES OPERATED lW THE CITY OF SHORE~mOO. . , The City Council of the City of Shorewooa, tHnnesota ordains: Section 1: as 'follows: "Section 7. no person'Sha.l1"~rive any mo~orized veh'icle of any kindy" ?/./.) l in any park, except on design~ted roads and parking areas and des.ignated trails. Municip'al employ~es while on duty or any other persons authorized by the City shall be exempt from'the provisions of this section." Sectiop ."of Ordinance No. 91 shall be amended Section 9, Subd. 1 of Ordinance No. 91 shall be amended as follows: "Subd. 1. It shall be the responsibi'lity of the sponsor'ing athletic / organization to require participant~ under the age of 19 to'wear ~ proper protective equip~eht." , . ,1 s Section 10 of Ordinance No. 91 shall be amended by ?dding S ubd . 5 as follows:- ' "Subd. 5. No glass containers;sha11 be allo\/ed on public beaches... / ' . Section 11 of Ordinance No. 91 shall be' amended by adding Subd. 5 as ~follows : , allo\ied "Subd. 5. . N9 glass containers shall be on public tennis /" of, courts. If 1) e, Section 13 of Ordinance No. 91 shall be amended to amending Subd. 4 and adding Subd. and Subd. 6 as ,follows: " "Subd. 4. No gambling shall',be' ~llowed in a public park. Subd. 5. No alcoholic beverages shall be allowed in a public park.~,/ "'t. Subd. 6. No glass containers shall be allowed in a public park..~ This ordinance shall 'be in full force ~nd effect upon its passage and publication. ADOPTED BY' THEi' CITY COUNCIL this 1902. . day of , \ t., ..... ATTEST: Robert Rascop, l1ayor Douglas Uhrhammer, Clerk/Administrator, .. .-........~.. -. . ; . " Et6. f) . OHDIlfAnCE NO. 91 Regu~ons for Parks and Beaches e - ORDINANCE NO. 91 AN ORDINANCE FOR THE PUR- POSE OF REGULATING THE USE OF PUBLIC PARKS AND PUBLIC BEACHES OPERATED BY THE CITY OF SHOREWOOD THE CITY COUNCIL OF THE CITY OF SHOREWOOD DOES OR- DAIN: Section 1. No person shall enter or remain In any park between the hours of 10:30 P.M. and 6:00 A.M., unless SUCh person Is parHcipatlng In an organized activity authorized by the City of Shorewood. Section 2. No person shall set up any tent, shack, or other temporary shelter In any park, nor shall any per. son leave any property Including, but not limited to vehicles, campers and trailers In any park between the hours of 10.30 P.M. and 6:00 A.M., without the written permissions of the city administrator. Section 3. No person over four years of age shall use any restroom or washroom designated for use by the opposite sex. Section 4. No band, procession, parade, military display, entertain- ment, exhibItion, picnic, or pUblic meeting shall be allowed In any park, unless wrttten permission authorizing such activity Is first obtained from the city administrator. Subd. 1. Groups of less than 20 persons shall be exempt from the provisions of this Section. Section 5. No penon shall bring any firearms, air rifle, BB gun, Sling shot, explosives, fireworks, or devices . capable of discharging blank ammun- Ition Into any park. Subd. 1. Peace officers while on duty shall be extempt from the provisions of this Section. Section 6. No person shall ride or propel any bicycle In any pUblic park In such a manner as to Interfere or endanger any pedestrian. Section 7. No person shall drive any motorized vehicle of any kind In any park, except on designated roads and parking areas and trails. Subd. 1. Municipal employees while on duty, or other persons authorized by the city Shall be exempt from the proviSions of th Is Section. Section 8. The general public shall not be allowed to use or occupy any athletic field, rink or area during those times the field, rink or area Is scheduled for authorl use by athletic associations; ectlon 9. Th of Shorewood shall Ignate ., pro!,er protective equlpme be worn by persons partlcl g organized baseball, ta foot,.r;\all hockey. ~~~7 No person under the age of 19 shall play or!lllnlzed baseball, tackle foot ball or hoc- key In any park unless such per- son Is wearln9 proper protec' tlve equIpment. . Section 10. For the protection of the public and the orderly use of the waters located In the parks, the followln9 rules are established: Subd. 1. No person shall swim except at designated areas. Subd. 2. No person shall swim beyond buoys marking the limits of the swimming area. Subd.3. No child under 10 years of age shall be allowed at a desig- nated swimming area without competent supervision. Subd. 4. Any person swimming at a public beach when a lifeguard Is off duty 'swlms at his or her own risk. Section 11. For the protection of the pUblic andothe orderly use of the public tennis courts, the following rules are established. Subd. 1. No person shall be al. lowed on any tennIs courts while wearing slreet shoes. Subd. 2. No bicycles or other type of vehicles Shall be allowed on the tennis courts. Subd. 3. No use shall be made of the tennis courts during the tennis season except for playing tennis. Subd. 4. When other players are waiting to use the tennis courts, no one may use the courts longer than 60 minutes. Sectlon 12. For the protection of the pUblic and the orderiy use Of the public skating rinks, the follow. Ing rules are established. . Subd. 1. Skating areas shall be posted for "hOCkey" or "free skatlng~' . Subd. 2. No hockey -sticks or PUCkS shall be allowed In the "free Skating" area. Subd. 3. No vehicles shall be allowed upon any skating rink, except municipal equipment there for the purpose of main- taining the rinks. S.ubd. 4. No glass objects shall be allowed on any Skating rink or Skating rink area. Subd. 5. No person under the age of 19 will be allowed on any Skating area posted for "hockey" unless such person Is woarlng protective head gear deslnged for the purpose of protecting indi- viduals while playing hOCkey. Section 13. For the protection of the public and ortlerly use of publiC parkS and beaches, the follOHl/lng rulel are established: pubd. 1. No fire shall be built by any person, except In desig- nated areas. ~Ubd. 2. No horses shall be al- lowed to be ridden In any public park or on any PUblic beach, ex- cept with prior approval from the city council. . YUbd. 3. No dogs shall be allowed In public parks, unless kept on a leaSh. I/Subd. 4. No gambling or use or alcohol shall be allowed In a public park. Section 14. Penalty. Any per. son vlollalng any divIsion of this or- dInance shall be gUilty of a petty mlsdemeanor'and shall be punished by a fine of not to exceed $100.00. Section 15. EUectlve date. This ordinance shall take effect from and after Its passage and publication. PASSED this 28th day of Febru. ary, 1977. /51 Steve FrazIer Mayor ATTEST. Isl Elsa I. Wiltsey Clerk , El~. b. ~ .. PARK CCM1[SSION MINlITES - 3 - July 1 9, 1 982 REVIEW OF ORDINANCE #91 The Park Corrmission read through the ordinance which regulates parks an,<! beaches in the City to determine if any changes are necessary. Areas of discussion incluied: Camping (Section 6) It was agreed that routine camping should he prohibited as cu:- rently stated in the ordinance. Over-night priviledges should he granted by the C,ty Administrator in special circunstances (prior approval) an! the Park Comnission should provide instructions for specific :situations. Bicycles (Section 6) It was noted that signs should he posted in regards to safe handling of bikes. ' ~rvision (Beaches/Water) (Section 10, Subel. 3) The Comnission questioned the term "competent supervision". A definition was requested form the City Attorney. Also requested rere his opinions on the issue of legal liability raised in this section of the ordinance, proper wording, and a comparison with Tonka Bay's ordinance regulating that City's waters/beaches. Termis Courts (Section 11) Staff was requested to check the signs posted at City tennis courts and report back to the Park Corrmission at the next meeting. Skating Rinks (Section 12) Marty Jakel noted that consistant enforcement of Ordinance #91 Section 12 (Skating Rinks) was a problem during the skating season. Specific dif- ficulties were equipnent requirement rules for hockey rinks, vandalism; no City sup- ervision during tournements, little follow-through on problems reported to the City, and lack of cooperation between rink attendants. The Park Corrmission suggested sketching out a pilot program beyond the ordinance to coordinate the skating season, which, if workable might apply to other athletic programs. Some of the ideas to incorporate included the following: _ Making certain the rules and regulations are posted. _ Establish an attendant's log or reports which note problems, vandalism, etc. on a regular basis (by shift, day-to-day, or weekly). _ Continual or repetitive problems should be reported to the police of City Hall. _ Designate a head rink attendant to supervise selection, scheduling and coord- ination of other attendants and rinks. _ Require city attendants to supervise special events. _ Any association or organization using the facilities would assume all responsi- bility for injury, be liable for damages to facilities, am pay for the super- visor/attendant's time. _ Any association or organization using City facilities would be sent copies of Ordinances #91 and #123 with their yearly contracts. _ Input should be solicited from users, particularly organized associations, to aid in evaluating the City's facilities and programs and to compare with the supervisors' reports (a check and balance). _ Establish a system or procedure to enforce roles - punishment, banning from facilities, etc. . Cousins agreed to study and develop an evaluation form to be used by the athletic organizations using the City parks am Jakel agreed to work on attendant/ supervisor reporting forms. ' [t~. L I I ~'.~~-' :.---- ,. . e rv"'('\, MEMORANDUM oeM ~1WI ~DI memo l:Jy: JPN ~ .....,... \..A.N ci3te : 9/3/82 carrn no.: 033-3153.01 f021 EAST HENNEPIN AVE. pqect: Amesbury Backup Well MINNEAPOLIS, IIINNESOTA 55413 o.vnElr: City of Shorewood (612) 331.1660 subject: Meeting on 9/2/82, Shorewood City Hall Today there was a meeting at the Shorewood City Hall. The following people were present: Jim Norton, aSM Gary Larson, Penberthy & Larson Jim McNulty, McNulty & Assocs. Bill Harper, McNulty Engineer Doug Uhrhammer, City Administrator The purpose of the meeting was to discuss the backup well and the cost to the developer for the backup well. After background discussion, it was decided that the developer would be respon- sible for $41,600 of the proposal bid amount. The way we arrived at the $41,600 is described in the following paragraphs. McNulty contended that the last three items on the bid form, Items 12, 13 and 14, should not be his responsibility. Item 12, Furnish and install new booster pump and motor, at a lump sum of $1,000, Item 13, Furnish and install new water softener at a lump sum of $850, and Item 14, Locate and insulate drain line, has a cost of $800. The total of these three figures is $2,650. Previously, McNulty had paid for the repair of the existing deep well pump motor, and the money for the repair of that motor came out of a $5,000 check that Jim McNulty had given to the City. The City of Shorewood refunded the money left from that $5,000 to McNulty. This amount was $1,025. From the total of the bid items, $2,650, we subtracted $1,025.00, leaving a balance of $1,625. This amount was then deducted from the total bid amount for the backup well of $43,224 that we rounded off by $1.00 to make the remaining balance due by McNulty $41,600. This is the amount that McNulty & Associates will be responsible for as far as the costs involved for drilling the backup well. However, with this project being a combination unit price bid and lump sum bid, if during the drilling of the well, additional units are used which incur extra costs, McNulty will share in the extra costs involved for those units. He will share 50% of the cost for doing additional work only on the unit price items for drilling the well. The City will share 50% of any additional costs also. it /~a..... ./ . . Page Two J PN Memo September 3, 1982 In addition to the "split risk", the developer will not have to pay for moving the well further to the west to accommodate the well driller. The additional cost for moving the backup well further to the west will be:an expense of the City. Also, when the new well is drilled west of the existing pump house, we do not intend to permanently disturb the berm. If some' areas are disturbed during construction, they will be returned to original condition. Initially, there was a discussion about moving the berm. and providing an access driveway ot'f Knightsbridge Road to the location of the backup well. This is no longer a part of the contract, and we do not intend to provide an access driveway. The additional cost to the City would be for moving the backup well to the west of the pump house. Those costs would cover additional piping from the pitless adaptor to the pump house and for additional electrical wiring from the control panel to the pitless adaptor. That additional cost would be in the neighborhood of $1,000 to ,$1,500. These changes to the contract, as awarded, will have to be addressed by the Council as a change order item to the project. They will be discussed at the Council Meeting on September 13, 1982. Other than the method of payment, the proposed construction on the well will proceed according to the plans and specifications. In addition, we have received some review comments/suggestions from the Health Department that will be incorporated into the final construction. As far as assessing the cost of this backup well, Jim McNulty is aware that in addition to the figure of $41,600 construction cost, there could be as much ~s a 10% indirect cost on top of that which could bring the project cost to $54,000. This would be added to the project cost of the sewer and water project and totally assessed against the Amesbury West Plat. Signed: \ .a.~ P' ~ ames P. Nor JPN:nlb cc: Gary Larson, Penberthy & Larson Doug Uhrhammer, City of Shorewood Jim McNulty, McNulty & Associates r , ~' I ~ ' J , ~ . _._' .. 7 " _.. '.. ". ..~. . .. . . "f" - ~ -.- -- -.' ~ ,'...,..,...._- ,..'.....I'ftt'l;'.~"...~W,.,..,....,rt...~~W:<N'~.. . ~() 'j, r-'/~Fe-U ___- . '.l./C)?q~) () CJ :... 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