071183 CC Reg AgP
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CITY OF SHOREWOOD
REGULAR COUNCIL MEETING
MONDAY, JULY 11, 1983
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
SHOREWOOD, MN 7:30 PM
AGE N D A
CALL TO ORDER:
A. Pledge of Allegiance and Prayer:
B. Roll CAll
Shaw
Stover
Mayor Rascop _____
Haugen _
1. APPROVAL OF MINUTES:
A. Regular Council Meeting - June 27, 1983
[attachment #1}
2. CITIZENS FORUM:
A.
B.
3~ ACCOMMODATIONS TO POLICE OFFICERS FROM WESTINGHOUSE SECURITY: Chief Earl Johnson
4. 8:00 PM - PUBLIC HEARING: REQUEST FOR VARIANCE - SWIMMING POOL DECK:
Location:
App licant:
Boulder Bridge Drive
Mr. Seaman Knapp
[attachment #4a-Planner's Report]
[attachment #4b-Neighbor's letters]
v4'-qe-;O/a/l/U~ tJ~/tIm. 4~
p nnUC~MT^TTnM AM ~vnCVMQTU TM~~CT^TTn~:
6. REVIEW OF SWIMMING POOL APPLICATION:
Location:
Applicant:
6005 Christmas Lake Road
Bob Fayfield
[attachment #6a-Planner's Report]
7. PLANNING COMMISSION REPORT:
A.
B.
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REGULAR COUNCIL MEETING
MONDAY, JULY 11, 1983
PAGE TWO
8. PARK COMMISSION REPORT:
A.
B.
9. ATTORNEY'S REPORT:
A. Dram Shop Report
B.
10. ENGINEER'S REPORT:
A. Review of Plans to extend water line on County Road#19~
B. Price Quote for Water Improvement Plan:
11. ADMINISTRATIVE REPORT:
A. Review of Resolution setting policies for the City of Shorewood:
[attachment #lla]
B. Review of proposed Ordinance changing Park Dedication fee requirements:
[attachment #1tb]
C. Painting request - Amesbury Pumphouse
D. Proposed Meeting Dates:
1) Council Seat replacement
2) Zoning Ordinance review
3) others
12. MAYOR'S REPORT:
A.
B.
13. COUNCIL'S REPORT:
A.
B.
14. APPROVAL OF CLAIMS AND ADJOURNMENT:
A.
B.
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CITY OF SHOREWOOD
REGULAR COUNCIL MEETING
MONDAY, JUNE 27, 1983
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
SHOREWOOD, MN 55331
M I NUT E S
CALL TO ORDER:
The regular meeting of the Shorewood City Council was called to order
by Mayor Rascop at 7:30 PM, Monday, June 27, 1983, 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 Haugen, Shaw, Leonardo,
and Stover
Staff: Attorney Larson, Engineer Mittelsteadt, Administrator
Uhrhammer and Clerk Kennelly
APPROVAL OF MINUTES:
Haugen moved, seconded by Stover, to approve the minutes of the
regular Council meeting of June 13th, 1983, as corrected in the
official minute book. Motion carried unanimously.
Stover moved, seconded by Rascop, to approve the minutes of a Special
Council meeting of June 8th, 1983, as corrected in the official
minute book. Motion carried unanimously.
SENATOR GEN OLSON:
Senator Gen Olson was present to inform the Council of some of the
past legislative changes that will affect our city. The lifting of
levy limitations for cities of less than 5,000 people and the change
in the formula reducing the state aid received by Shorewood were
discussed. Council questioned whether the State understood what a
financial bind some cities are being placed in by the reduction of
State and Federal funds. Ms. Olson didn't feel that the state level
people were really familiar with local problems because they have
not worked at that level of gover.nment.
Council thanked Gen Olson for her time and information.
CITIZEN'S FORUM:
Jim Bruce-1010 Holly Lane RESOLUTION NO. 47-83
Mr. Bruce was present to request a reduction in his property
valuation for 1983, he just received a 2nd valuation notice from
the County with a 40,000 increase over the 1st notice received.
Shaw moved, seconded by Stover, to instruct the attorney to draw a
Resolution reducing the land value back to last years figure /
($110,000.). Motion carried unanimously.
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REGULAR COUNCIL MEETING
MONDAY, JUNE 27, 1983
PAGE TWO
CITIZEN'S FORUM: - continued
Swimming Pool Permit - Seaman Knapp - 28085 Boulder Bridge Drive
Tom Wartman made the presentation for Mr. Knapp requesting a
swimming pool installation at above location.
Stover moved, seconded by Haugen, to approve request as submitted.
Motion carried unanimously.
Dram Shop Coverage:
Kipp Johnson from the Skipperette Store questioned why the Council
passed the Dram Shop Ordinance with no exclusion of coverage for
the stores selling less than the $10.000 limit, currently charged
to $20,000 limits. Attorney Larson reviewed the Council's reasons
for not having the exclusion. He indicated that he did not have a
copy of the new act that changed the limits.
Haugen requested the Attorney to review the new act and its changes.
Shaw would also like a report on the available Dram Shop insurance
coverage.
Rachel Leonardo:
Mrs. Leonardo presented three questions to the Council:
1) Why are they rezoning R-l property to higher density zoning?
2) Why is the current zoning classification being changed?
3) Why are we interested in State Road Aid funds, and why do
we acquire additional road right-of-way?
(Letter from Leonardo attached in minute book)
The Council generally felt that each rezoning had been carefully
reviewed and any rezoning was to create the best use of that
particular property. Leonardo felt that some rezoning had been done
"thoughtlessly".
The reason for the new zoning classifications is to place correct
zoning on properties that are non-conforming in their present zone.
The road acquisitions were for the purpose of standardizing road
widths without condemnation. This may be for safety or utility
installations, a good planning practice for the future. Leonardo
did not see a need ford;his land to improve the roa
.~
The State Road A~~Vuns available, after reachin $5.000
from $15,000 to~~5,000. These funds are needed tD- e necessary
current repairs. The staff will investigate the re rements neces-
sary to meet and receive these funds prior to qualifying for them.
Leonardo had concerns about what is necessary to qualify and what
roads would be considered "State Road Aid" roads marked for improve-
ment.
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REGULAR COUNCIL MEETING
MONDAY, JUNE 27, 1983
PAGE THREE
CITIZEN'S FORUM: Rachel Leonardo - continued
Mrs. Leonardo thanked the Council for their responses and asked
that the residents in her area be notified of any zoning changes
and road improvements that might be made.
Mike Pierro commented the some of the financial problems the City
is experiencing came from previous Councils feeling that they were
making "good planning" decisions ?-t the time, and very conservative
use of levy limitations that did not allow for acquiring a contin-
gency fund.
VARIANCE REQUEST: Ojars and Mara Arsts - 20460 Radisson Inn Road
Mr. Arsts presented plan for an addition to his home which is a
non-conforming structure because of the current front setback. His
addition would increase the non-conformity.
Haugen moved, seconded by Shaw, to table and return with a modified
plan not exceeding the present setback as recommended by the Plan-
ning Commission. Motion carried unanimously.
VARIANCE REQUEST - Ilka Priest - 24020 Yellowstone Trail
RESOLUTION NO. 48-83
Mrs. Priest was present to request a variance to construct a 7~ foot
privacy fence for a newly constructed tennis court.
Stover moved, seconded by Shaw, to approve the variance as requested.
Motion carried unanimously by roll call vote - 5 ayes.
CHRISTMAS LAKE ADDITION:
Variance request for Subdivision
RESOLUTION NO. 49-83
Mrs. Brooks of 21195 Radisson Inn Road presented her preliminary plat
of 5 lots with a request for 3 variances.
1) Square footage variance on Lot 5 (5380 square feet)
2) Road frontage on Lot 1 (20 feet)
3) Lot width at set back on Lot 3 (5 feet)
Haugen moved, seconded by Shaw, to accept the preliminary plat to
include the requested variance, in accordance with the Planning
i~mmission and Planner's recommendation. Haugen then amended her
. motion to allow 1 existing non-conforming structure (boathouse),
V -accondcd by Shaw. Motion carried unanimously by Resolution by
~~ Roll Call vote. 5 ayes.
Gordy Lindstrom from the Park Commission would like to meet with Mrs.
Brooks at the July 5, 1983 Park meeting to discuss the park dedication
fee.
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REGULAR COUNCIL MEETING
MONDAY, JUNE 27, 1983
PAGE FOUR
REZONE - Mortenson Property - C-l
ORDINANCE NO. 145
Stover moved, seconded by Haugen, to rezone by legal description the
property located at 19585 State Highway #7 in accordance with the
Planning Commission Recommendation from R-l to C-l. The Ordinance
passed by Roll Call vote. 4 ayes 1 nay (Leonardo)
REALTY SHOPPE - Winterfield Building:
Leonardo moved acceptance of the grading and landscape plans for the
property located at the Southwest corner of Chaska Road and State
Highway #7 as recommended by the City Engineer and to secure the
proper deposit necessary, seconded by Shaw. Motion carried.
FESTIVAL OF PARKS:
Steve Frazier was introduced to the Council as Committee Chairman for
the Festival of Parks. Mr. Frazier reviewed for the Council the
donation goal and planned events to take place August 13th and 14th.
Carol Chapman of the Park Commission requested a $500 advance to
acquire necessary supplies for the Festival. Council thanked Mr.
Frazier for his involvement in this project.
Leonardo moved, seconded by Shaw, to approve the $500 expenditure
requested. Motion carried unanimously.
PLANNING COMMISSION REPORT:
Shaw reviewed the Planning Commission vote on Christmas Lake
Addition, Tex-Sota rezoning, Arsts variance and Winterfield grading
and landscaping plans, all of which the Council has acted upon.
Planning Commission also had further discussion on the Comprehensive
Plan.
PARK COMMISSION REPORT: ~&-
The Commission reviewed t~~estival of Parks and the Christmas Lake
Addition. The Commissio~ke more time to discuss the Park donation
for the Christmas Lake Ad~ition, the consideration of land instead of
the fee paid.
ALARM SYSTEM:
ORDINANCE NO. 146
Haugen moved, seconded by Shaw, to accept the 2nd reading of the
Alarm System Ordinance and adopt this Ordinance as written. Ord-
inance adopted unanimously ?y Roll Call vote. 5 ayes.
GAS FRANCHISE ORDINANCE:
Council reviewed the Ordinance. Rascop suggested including "that
all properties in Shorewood have the availability to be serviced by
the gas". Haugen moved to table for next reading.
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REGULAR COUNCIL MEETING
MONDAY, JUNE 27, 1983
PAGE FIVE
ATTORNEY'S REPORT:
Attorney Larson notified the Council that a summons was received
notifying the City that the property owner at 26980 Edgewood Road
was filing title to a piece of land between his property and Edgewood
Road. Council instructed Attorney Larson to file title on this area
as public road.
ADMINISTRATIVE REPORTS:
Tingewood PUD Development
The letter of Credit for $39.000. to cover the 2nd phase of the
Tingewood project has not been received. If the letter is not
received by June 28, 1983, the project will be stopped and restored
with the City charging back the cost against the current letter of
credit. Attorney Larson will start the procedure to pull the letter
of credit currently in effect.
City Insurance Policy
RESOLUTION NO. 50-83
Administrator requested approval to amend the budget and provide
funds in the amount of $2,000.00 - $2,5000.00 for policy coverage
inventory.
Rascop moved, seconded by Haugen, to approve the expenditure.
Motion carried unanimously.
MAYOR'S REPORT:
Task Force report has not been published yet. Three different reports
have been received from various agencies.
COUNCIL REPORT:
Leonardo notified the Council of his resignation, effective immediately.
His recent employment appointment is takinguptoo much time to allow
him to give the City the time it needs. Council accepted his resig-
nation with regrets and many thanks for his efforts.
Council instructed staff to write the residents a letter informing
them of his resignation and requesting applicants to fill his posi-
tion.
APPROVAL OF CLAIMS AND ADJOURNMENT:
Moved by Leonardo, seconded by Haugen, to approve claims for payment
to be followed by adjournment at 11:50 PM. Motion carried unanimously.
General Fund (acct # 00166]
Liquor Fund (acct # 00174]
Respectfully Submitted,
Checks 27304 - 27352 $ 30,209.87
Checks 1160 - 1170 = $ 6,547.31
Sandra L. Kennelly, Clerk Mayor
QV.~n
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Check #
27304
27305
27306
27307
27308
27309
27310
27311
27312
27313
27314
27315
27316
27317
27318
27319
27320
27321
27322
27323
27324
27325
27326
27327
27328
27329
27330
27331-27340
27341
27342
27343
27344
27345
27346
27347
27348
27349
37350
27351
27352
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GENERAL FUNDS - BILLS PAID SINCE JUNE 23. 1983
TO HHOM PAID
State Street Bk.
Doug Uhrhammer
Tad Shaw
Kristi Stover
Minnetonka State Bank
State Treasurer
Brad Nielsen
Jims Repair
Brad Nielsen
Earl F. Andersen & Assoc.
Assoc. Asphalt
Bergerson-Caswell
Boustead Electric
Coffee Systems
Dawson Blacktopping
Earls Custom Grading
Frontier Electric
Gross Office Supply
Hennepin County
Robert Rascop
Jan Haugen
Ai Leonardo
Itasca Equipment
Long Lake Tire Barn
Minnegasco
Municipal Finance Dir.
Midwest Asphalt
PURPOSE
IRA
Mileage
June Council Salary
"
"
"
Bond Payment
PERA -
Mileage/supplies/plan reductions
Equipment Repair
Mileage
Street sign poles
Tar
12 pt. ck. on 5 deep well pumps
motor repair-Smithtown lift station
Coffee
Material for Hedgewood
Grading Manor Park
Repair CH lights
office supplies
Shorewood prisoners
Mayor salary
Council salary
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"
Sweeper parts
Repair tractor tire
Badger/B.B./City garage
membership/handbook
Tar
AMOUNT
$
Set aside-will be used in July
- s.d
CLS~
tc~
H. C. Mayer & Sons
National Chemsearch
Northwestern Bell Telephone
NSP
Orr-Schelen-Mayeron
Quality Office Prod.
Schafer Equip.
SLMPSD
Sun News
Tonka Printing
Village Sanitation
Hater Products Co.
Gas
Degreaser
City Hall/garage/Crescent Beach
Electricity
Engineers
Maintenance Agreement-copier
Dumpy level
Court overtime-April & May
Legals
A/R Invoices
Sanitation
Supplies-Hater Dept.
112.12
24.64
100.00
100.00
15,375.00
833.06
58.51
989.51
29.04
271. 00
179.70
308.75
184.51
48.00
423.00
160.00
70.60
35.01
1,665.50
150.00
100.00
100.00
349.16
59.50
154.28
42.50
988.13
553.67
279.68
573.42
835.68
3,555.05
495.00
335.65
486.69
21.44
96.00
45.00
21.07
$ 30,209.87
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LIQUOR FUND - BILLS PAID SINCE JUNE 23, 1983
Check # TO WHOM PAID PURPOSE AMOUNT
1160 State Treasurer PERA $ 380.64
1161 City of Shorewood Liquor store bookkeeping 288.97
1162 Griggs-Cooper Liquor 2,364.41
1163 Johnson Bros. Wine 470.27
1164 Twin City Wine Co. Wine 573.00
1165 Ed Phillips & Sons Wine 601.16
1166 Old Peoria Co. Liquor 783.42
1167 Minter-Weisman Cigarettes & misc. 626.91
1168 Coca Cola Pop 302.05
1169 VOID -0-
1170 Northwestern Bell Telephone Phone Service 156.48
$ 6,547.31
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CITY OF
SHOREWOOD
MAYO"
Robert Raseap
-COUNCIL
Jan Haulll"',
Tad Shaw.
Alexander LeonarcfO,
Krist! StOYW
ADMINISTRATOfW
DOUIl Uhrhamm.
5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331
.. (612) 474-3238,,'
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MEMORANDUK
TO:
PLANNING COMMISSION, MAYOR AND CITY COUNCIL
BRAD NIELSEN
1 JULY 1983
KNAPP, SEAMAN - SWIMMING POOL VARIANCE,
Mr~ Seaman Knapp, 2808S Boulder Bridge Dr., has requested a setback variance,-.
to build a swimming pool. The pool itself has been approved by the City Council
and: is,soonJ:o be under construction. The variance is actually for the concrete
decking around the pool (see Exhibit At' attached). The current Zoning Ordinance-;<:',:
requires a 50 foot rear yard setback for all structures in the R-l district. .
As proposed the pool decking would be 39 feet from the rear property line, an .-'
11 foot variance.
The lot contains 37,500 square feet of area. The reduction in lot area was al-
lowed as part of the P.U.R.D. approval for Boulder Bridge Farm.
The site plan for the Knapp residence also shows a future deck and gazebo. So
as to avoid the necessity of requesting another variance, they have requested
a.10 foot variance at this time.
ANAL YS IS IRECOMMENDATION'.
'. .
The variance request is largely due to the shape and size of th& lot in questiori..+
The lot contains an inordinate amount of frontage relative to its size.. As."
result,. setbacks drastically reduce its buildable area... This was apparentl~',.:<:":,,:_
recognized at the time the Boulder Bridge P.U.R.D. was approved because the sub-
ject lot and several others were given a front yard variance from 50 feet' to 30~ c
feet. Ironically.the house was constructed in compliance with the 50 foot set-.
back requirement.
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Planning Commission~
Mayor and City Council
1 July 1983--
If the City i$ inclined to approve the request;
ate the s!'!tback requirement:: for swimming pools.
as accessory structures?
it may be advisable:to reevalu-
Should th~y be treated the same',
We conducted a short survey of what several other communitieS' r~quire for swim-
ming pools and found the following:
~.
* Orono
Chanhassen
** Eden Prairie,
Brooklyn, Parlji
Plymoutn.." .,: ' ..
" Woodbury?'
Victoria;:
F
Foiurbantlots up to' on. ac
Dep~nd.o~the~ zoninrf dis~~i .",,;
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.~~. 'Whif~! 'the typical' cha~acte~isti~5~fswimminftPools sugges&'i that'som. encroach:;~:~~J;;'
, ment into rear yards may be appropriate,.. the: sarna does not apply to the proposect:;~:,
gazebo.. It is' suggested: that: the gazebo be treated as! any other accessory build-:;:I:.~,~"
ins and be kept withi~,,: the buildable area oi. the lot. If a: variance: is granted'!)
for the swimming pool ~ it should be followed by an amendment. to the Zoning- Ordi-
nancereducing the setbacks to a more reasonable; standard..
'i:r"'-
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cc: Doug Uhrhammer.
Gary Larson
Jim Norton
Tom Wartman
Seaman Knapp
Kathy West
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June 29, 1983
City Council
City of Shorewood
5755 Country Club Road
Shorewood, Minnesota
55331
RE: Seaman A. Knapp III
setback variance request
Dear Council Members:
We are the owners of the property to the South of
the Knapp residence.
We have viewed the plans for the swimming pool addition
and grant our approval feeling it will be an attractive
addition.
Sincerely,
STEINER & KOPPELMAN, INC.
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Richard C. Lang
President
RCL/vas
JIb
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TO:
CITY COUNCIL
FROM:
SUE NICCUM
RE:
PLANNING COMMISSION MEETING - MINUTES - JULY 5, 1983
SEAMAN KNAPP - SWIMMING POOL DECK VARIANCE
DATE:
JULY 8, 1983
Leslie moved, seconded by Reese, to approve the
swimming pool deck variance.
The gazebo was not included on the legal notice
and it was decided to deal with that situation
separately at a later time.
The question of amending the Ordinance to provide
a smaller setback for swimming pools was mentioned.
It was suggested that we check with additional cities
in nearby areas for comparison.
~
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July 8, 1983
TO:
FROM:
RE:
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CITY OF
SHOREWOOD
&Ov
MAYOR
Robert Rascop
COUNCIL
Jan Haugen
Tad Shaw
Alexander Leonardo
Robert Gagne
ADMINISTRATOR
Doug Uhrhammer
5755 COUNTRY CLUB ROAD . SHOREWOOD. MINNESOTA 55331 . (612) 474-3236
SHOREWOOD CITY COUNCIL
BRAD NIELSEN
FAYFIELD SWIMMING POOL
The Fayfield swimming pool conforms in all
respects to the requirements of the Shorewood
Zoning and Fence Ordinances.
A Residential Community on Lake Minnetonka's South Shore
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RESOLu'rION NO.
-- -- --.- ------"---"-
WHEREAS, the City for a number of years had certain
policies that are used in determining certain zoning subdivision and
municipal utility decisions, and
WHEREAS, the City Council has reviewed the existing
policies.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Shorewood as follows:
1. That the following are statements of policy to be used
by the City Council in making determinations and decisions on request
in regard to the matters to which the policies refer.
A. Land Locked Lots.
Subdivision of properties which create a lot not abutting
upon a public road and access for which lot is proposed by means of an
easement will not be permitted.
B. Private Roads.
A subdivision of three or fewer properties may be served by
a private road with a right-of-way of at least 50 feet and a surface
of at least 20 feet, provided the City is given an easement for access
for utilities and for emergency vehicles; the maintenance and care of
such private road to be the obligation of a person or party other than
the City.
C. Public Roads.
Roads that serve four or more lots or parcels shall be
public roads and shall conform with the ordinances of the City for
construction and design of such roads.
~~_ Sto~m W~~~r Drainage.
No subdivision shall be approved, regardless of the Size of
the subdivision, until drainage problems whiCh may result from such
subdivision have been solved. It shall be the obligation of the land
subdivider to propose and implement a method of solving such drainage
problem.
11tL-
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E. Existing Drainage Problems.
The employees or agents of the City shall not enter upon
private property for the purpose of assisting in solving existing
drainage problems until and unless the owners of the private property
give to the City an easement for storm drain over their property and
relieve the City from an responsibility by virtue of construction,
maintenance or repair of such storm drain.
F. Water Installation.
When feasible, the City Council will consider extending
trunk and lateral municipal water lines in areas where it is
determined that the water revenues generated will exceed additional
fixed and variable water costs associated with the improvement.
G. Connections to Adjacent Cities.
Any property wishing to connect to a water system of an
adjacent city must sign a statement that commits the property to
connect to Shorewood's water system, when available, and pay necessary
charges and assessments.
BE IT RESOLVED FURTHER, that any previously existing
policies inconsistent herewith are hereby revoked and repealed.
PASSED BY THE CITY COUNCIL THIS
DAY OF
, 1983.
____ _.____ - ___ --___.__0_.__- ._.__
Robert Rascop, Mayor
ATTEST:
C i ty-fferk
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ORDINANCE NO.
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AN ORDINANCE AMENDING ORDINANCE NO. 79, BEING &~ ORDINANCE FOR
THE PURPOSE OF PROMOTING ORDERLY AND SYSTEMATIC PLANNING OR
SUBDIVISION LAND DEVELOPMENT IN THE CITY OF SHOREWOOD,
MINNESOTA, AND IMPOSING A PENALTY FOR THE VIOLATION THEREOF
The City Council of the City of Shorewood, Minnesota,
ordains:
SECTION 1: That Section VII of Ordinance No. 79 is hereby
amended to read as follows:
"VII. Park Land Dedication Requirements.
Subd. A. Dedication Required. Subdividers as a
pre-requisite to approval of a subdivision shall dedicate to
the City or dedicate to the pUblic use, for park or playground
purposes, for public open space or trail systems a reasonable
part of the land being subdivided or in lieu thereof a cash
equivalent. The form of contribution, cash or land, (or any
combination, shall be decided by the City.
Subd. B. Land Dedication. Land to be dedicated
shall be reasonably adaptable for use for active part and
recreation purposes and shall be at a location convenient to
the people to be served. Factors used in evaluating the
adequacy of proposed park and recreation areas shall include
size, shape, topography, geology, hydrology, <tree cover,
access and location.
Subd. C.
shall determine the
land to be conveyed
subdivision.
Council Determines. The City Council
location of the land and the amount of
or dedicated within a proposed
Subd. D. Cash Contribution. When a cash
contribution is made in lieu of a dedication of land, the City
Council shall determine the amount of cash that should be so
contributed, which determination shall be based upon the
market value of the unimproved land. "Market Value" shall be
determined according to the Hennepin County Property Tax
Listing as of the time of filing the final plat.
Subd. E. Planned Parks. Where a proposed park,
playground or other recreational areas, proposed school site
or other public ground that has been indicated in the official
map and/or comprehensive plan is located in whole, or in part,
within a proposed subdivision, such proposed public site
should be designated as such and should be dedicated to the
City, School District or other proper governmental unit.
J /1.;
.
.
If the subdivider chooses not to dedicate an area in excess of
the land required hereunder for such proposed site, the City
shall not be required to act to approve or disapprove the
preliminary plat of the subdivision for a period of sixty (60)
days after the subdivider meets all the provisions of the
subdivision ordinance in order to permit the Council, School
Board or other appropriate governmental unit to consider the
proposed plat and to consider taking steps to acquire, through
purchase or condemnation, all or part of the public site
proposed under the official map or comprehensive plan.
Subd. F. Park Dedication Not to be Used in
Calculating Density. Land area conveyed or dedicated
hereunder may not be included by a subdivider as an allowance
for purposes of calculating the density requirements of the
subdivision as set out in the City Zoning Ordinance and shall
be in addition to and not in lieu of open space requirements
for Planned Unit Developments pursuant to the City Zoning
Ordinance.
Subd. G. Private Open Space. Where private open
space for park and recreation purposes is provided in a
proposed subdivision and such space is to be privately owned
and maintained by the future residents of the subdivision,
such areas may be used for credit at the discretion of the
City Council against the requirement of dedication for park
and recreation purposes, provided the City Council finds it is
in the public interest to do so and that the following
standards are met:
1. That yards, court areas, setbacks and other
open space required to be maintained by the
zoning and building regulations shall not be
included in the computation of such private open
space; and
2. That the private ownership and maintenance of
the open space is adequately provided for by
written agreement; and
3. That the private open space is restricted for
park and recreational purposes by recorded
covenants which run with the land in favor of
the future owners of property within the tract
and which cannot be eliminated without the
consent of the City Council; and
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.
.
4. That the proposed private open space is
reasonably adaptable for use for park and
recreational purposes, taking into considera-
tion such factors as size, shape, topography,
hydrological, geology, access and location of
the private open space land; and
5. That facilities proposed for the open space are
in substantial accordance with the provisions
of recreational elements of the comprehensive
plan, and are approved by the City Council; and
6. That where such credit is granted, the amount
of credit shall not exceed twenty-five percent
(25%) of the park land dedication requirements
for the development.
Subd. H.. Separate Park Fund. The City shall
maintain a separate fund into which all cash contributions
received from owners or developers in lieu of conveyance or
dedication of land for park or playground, public open space
or trail purposes shall be deposited and shall make, from time
to time, appropriations from such fund for acquisition of land
for park and playground purposes, for developing existing park
and playground sites, for public open space and trails, or for
debt retirement in connection with land previously acquired
for parks and playgrounds, which will benefit the residents of
the City.
Subd. I. Time of Payment or Contribution. The
scheduling of dedication and/or cash payments shall be
established in a development agreement between the City and
subdivider.
Subd. J. Amount to be Dedicated.
1. Reservation of Land. where proposed park,
playground, school site or other public site
shown on an adopted plan or official map is
embraced in part or in whole by a boundary
of a proposed subdivision, and such public
ground shall be shown as reserved land on the
preliminary plat to allow the City/State Agency
or the Board of Education the opportunity to
consider and take action toward acquisition of
such public ground or park or school site by
purchase or other means, prior to approval of
the final plat.
-3-
.
.
2. Dedication of Land. Pursuant to Minnesota
Statutes as now in existence or hereinafter
amended, the City shall require all sub-
dividers/developers requesting platting or
replatting of land in the City, to dedicate
a percentage of the gross area of all property
subdivided to be dedicated for parks, play-
grounds, public open space or linear park and
trail systems, or to contribute an equivalent
amount of cash based upon the conditions out-
lined below. Form of contribution, i.e., cash,
land or any combination thereof, shall be
decided by the City based upon need and con-
formance with approved City plans. In such
cases where the developer is required to dedi-
cate land area, the City shall have the right
to determine the geographic location and con-
figuration of such dedication.
a. Schedule for Dedication of Public Land in
All Areas Zoned Residential. All areas
zoned residential subdivisions, ten percent
(10%) of the undeveloped land proposed to
be subdivided or such lesser percentage as
the City shall determine to be specifically
and uniquely attributable to the proposed
development or an equivalent amount in
cash based upon the fair market value of
the undeveloped land as determined by the
City at the time of the final plat approval
or any combination thereof.
b. Commercial, Industrial or Other Non-
Residential Subdivisions. Seven percent
(7%) of the undeveloped land proposed to be
subdivided or an equivalent amount of cash
based upon fair market value of the
undeveloped land as determined by the City
at the time of the final plat approval or
any combination thereof.
c. The percentages set forth in paragraphs
a. and b. shall be in addition to the
property dedicated for streets, alleys,
waterways, pedestrial ways or other
public ways. No area may be dedicated as
parks, playgrounds or public lands until
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.
.
such areas have been approved for the
purpose to which they are to be dedi-
cated.
d. Cash in Lieu of Land. All monies collected
from cash contributions shall be placed in
a special fund to be spent only on those
public uses as allowed by Minnesota
Statutes.
e. Delayed Dedication Payment. Upon petition
by the Developer, the Council may approve
a delay in the actual dedication of the
cash required in lieu of land until such
time the development occurs on the property
being platted, provided that a proper legal
agreement is executed guaranteeing such
dedication. Delayed dedication payment
shall include eight percent (8%} interest
per year."
This Ordinance shall take effect from and after its passage
and publication.
Passed by the City Council this
1983.
day of ________,
Robert Rascop, -Mayor
ATTEST:
Ci ty-Cferk
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( ( '~tY ,,t
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ORR.SCHELEN. MAYERON & ASSOCIATES, INC.
Consulting Engineers
Land Surveyors
July 11, 1983
City of Shorewood
5755 Country Club Road
Shorewood, MN 55331
Attn: Mr. Doug Uhrhammer
City Administrator
Re: Updated Water Report
& Distribution Layout
Dear City Officials:
A Feasibility Report and Estimate of Cost for Public Improvement No.
77-1, Water Main, Municipal Well, and Appurtenant Work was prepared
May 23, 1977. The report was prepared at the request of the Shore-
wood City Council following a discussion of needs for the ~tart of a
municipal water system.
Information from that report can be used to update a current water
report and distribution layout. However, a cost for a new report
versus updating the old one, as requested, is not feasible since th~
initial report was based on an entirely different system layout.
The approach to the '77 report was based on a .central" water system
where the entire town would be served from a well field located at
Badger Park. Trunk water mains were sized to distribute the water
from the central source to all parts of the City. As a result, the
trunk lines were large and extended quite a distance from the Badger
Park well field.
Unlike the "central" water system proposed in the '77 report, deep
wells and pumphouses have been constructed as new developments
occurred. As a result, six (6) deep wells and four (4) pumphouses
currently exist. They are randomly scattered throughout the City.
One more deep well (or well doublet) and a pumphouseare required to
complete the source supply capable of serving the entire town. That
well is the one slated for development when Near Mountain proceeds.
The problem that remains is to connect all the deep wells and
pumphouses into a single unified system. To accomplish this and
provide equlibrium in the system, the pipe sizes must be analyzed
?n?1 ~~ r-t J-JannDnin II "anlla _ C:"ita ??P _ Ill1innaf:>nnlir- /:l1innDr-nt,> h hA 1? . ;:: 1? I ~?1 p;::;::n
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Page Two
City of Shorewood
July 11, 1983
hydraulically using the Hardy Cross System of 'Flow Distribution. with
the aid of a computer program, large complex systems like Shorewood's
can be analyzed quickly. However, the majority of the work consists
of proper data input with a well laid out system model.
To accomplish this work, we propose the preparation of a computer
analyzed distribution system and updating the pertinent information
from the original report into a "Final Water Report" for the ultimate
system in Shorewood. The cost for this report would be $2,500.00. As
the system is installed, the cost of the report would be reimbursed on
a proportional basis.
With the aid of a Final Water Report for the ~ntire City, regardless
of where or when an improvement is proposed, there would be no guess
work on the size of pipe required or the pressure and ~low available.
James P. Norton, P.E.
If you have any questions, we'll be happy to discuss them at your
convenience.
Respectfully,
ORR-SCHELEN-MAYERON
& ASSOCIATES, INC.
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JPN:nlb
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-----
CITY OF
SHOREWOOD
MAYOR
Robert Rascop
COUNCIL
Jan Haugen
Tad Shaw
Alexander Leonardo
Kristi Stover
AOMINISTRA TOR
Doug Uhrharnrner
5755 COUNTRY CLUB ROAD . SHOREWOOD. MINNESOTA 55331 . (612) 474-3236
MEMORANDUM
TO:
PLANNING COMMISSION, MAYOR AND CITY COUNCIL
FROM:
BRAD NIELSEN
DATE:
1 JULY 1983
RE:
KNAPP, SEAMAN - SWIMMING POOL VARIANCE
FILE NO.:
405 (83.25)
BACKGROUND
Mr. Seaman Knapp, 28085 Boulder Bridge Dr., has requested a setback variance
to build a swimming pool. The pool itself has been approved by the City Counci
and. is;soon_to be under construction. The variance is actually for the concrete
decking around the pool (see Exhibit A, attached). The current Zoning
requires a 50 foot rear yard setback for all structures in the R-l district..
As proposed the pool decking would be 39 feet from the rear property line, an
11 foot variance.
The lot contains 37,500 square feet of area. The reduction in lot area was al-
lowed as part of the P.D.R.D. approval for Boulder Bridge Farm.
The site plan for the Knapp residence also shows a future deck and gazebo. So
as to avoid the necessity of requesting another variance, they have requested
a 10 foot variance at this time.
The variance request is largely due to the shape and size of the lot in quest
The lot contains an inordinate amount of frontage relative to its size. As
result, setbacks drastically reduce its buildable area. This was apparently
recognized at the time the Boulder. Bridge P.U.R.D. was approved because the
ject lot and several others were given a front yard variance from 50 feet to
feet. Ironically the house was constructed in compliance with the 50 foot set-
back requirement.
ANALYSIS/RECOMMENDATION
A Residential Community on Lake Minnetonka's South Shore
Planning Commission,
Mayor and City Council
1 July 1983
Page Two
Technically, the request does not meet the requirementafor a variance. Aside
from not being able to demonstrate that a hardship would result if not granted,
the variance. could be avoided through redesign.
If the City is inclined to approve the request,
ate the setback requirement for swimming pools.
as accessory structures?
it may be advisable to reevalu-
Should they be treated the same
We conducted a short survey of what several other communities require for swim-
ming pools and found the following:
* Orono
Chanhassen
** Eden Prairie
Brooklyn Park
Plymouth
Woodbury
Victoria
Front Yard
n/a
n/a
n/a
n/a
n/a
n/a
n/a
Side Yard
10'
10'
5-30'
10'
6'
10'
5'
*
**
For urban lots up to one acre in size.
Depends on the zoning district.
Rear Yard
30'
30'
5-30'
10'
6'
la'
5'
While the typical characteristics of swimming pools suggest that some
ment into rear yards may be appropriate, the same does not apply to the
gazebo. It is suggested that the gazebo be treated aa any other accessory
ingandbe kept within the buildable area of the lot. If a variance is granted
for the swimming pool, it should be followed by an amendment to the Zoning Ordi-
nance reducing the setbacks to a more reasonable standard.
cc: Doug Uhrhammer
Gary Larson
Jim Norton
Torn Wartman
Seaman Knapp
Kathy West
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July 8, 1983
TO:
FROM:
RE:
.
.
CITY OF
SHOREWOOD
MAYOR
Robert Rascop
COUNCIL
Jan Haugen
Tad Shaw
Alexander Leonardo
Robert Gagne
ADMINISTRATOR
Doug Uhrhammer
5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 . (612) 474-3236
SHOREWOOD CITY COUNCIL
BRAD NIELSEN
FAYFIELD SWIMMING POOL
The Fayfield swimming pool conforms in all
respects to the requirements of the Shorewood
Zoning and Fence Ordinances.
A Residential Community on Lake Minnetonka's South Shore
c,~
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o p pel O!!!P~VE~ INC.
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June 29, 1983
City Council
City of Shorewood
5755 Country Club Road
Shorewood, Minnesota
55331
RE: Seaman A. Knapp III
setback variance request
Dear Council Members:
We are the owners of the property to the South of
the Knapp residence.
V.b
,.--
We have viewed the plans for the swimming pool addition
and grant our approval feeling it will be an attractive
addition.
Sincerely,
STEINER & KOPPELMAN, INC.
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Richard C. Lang
President
RCL/vas
1/6