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
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TOTAL $ .s-9. .
D.te P.id &/0:/10- ~J.
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(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
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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
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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\;,
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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
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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
~~
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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
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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
,
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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
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truly yours,
S. Crouch
~a-
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~.
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)
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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
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POTENTIAL FUTURE DEVELOPMENT
(Resubdivision Sketch)
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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).
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ORDINANCE NO.
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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.
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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." , .
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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
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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.~,/
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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
,
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ATTEST:
Robert Rascop, l1ayor
Douglas Uhrhammer, Clerk/Administrator,
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. OHDIlfAnCE NO. 91
Regu~ons for Parks and Beaches
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- 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
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PARK CCM1[SSION MINlITES
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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. '
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rv"'('\, MEMORANDUM
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~1WI ~DI memo l:Jy: JPN
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\..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.
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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
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