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012891 CC Reg AgP , ,. . CITY OF SHOREWOOD CITY COUNCIL MEETING MONDAY, JANUARY 28,1991 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. AGENDA 1. CONVENE REGULAR CITY COUNCIL MEETING A. Pledge of Allegiance B. Roll Call Daugherty~ Lewis~ Mayor Brancel_ Gagne__ Stover___ C. Review Agenda 2. APPROVAL OF MINUTES A. Regular City Council Meeting - January 14, 1991 (Att. No. 2 - Minutes) 3. CONSENT AGENDA A. Extension Request - Removal of Nonconforming Building Applicant: Location: Donald Mullenbach 5830 Strawberry Lane (Att. No. 3A -Planner's Memo) B. Acceptance of Improvements - Smithtown Circle Applicant: Location: William Diem Smithtown Circle (Att. No. 3B-1 - Engineer's Letter) (Att. No. 3B-2 - Proposed Resolution) C. Shoreland Grant Agreement 1. Designate Technical Review Committee Representative (Att. No. 3C-1 - Planner's Memo) , t COUNCIL AGENDA JANUARY 28, 1991 Page Two 2. Execute Grant Agreement (Att. No. 3C-2 and Grant Agreement) Proposed Resolution 4. COMMISSION REPORTS A. Park Commission B. Planning Commission 5. DISCUSSION RE: SNOWMOBILE REGULATIONS A. 7:45 - 8:15 P.M. Audience Comments B. Council Deliberation (Att. No. 5B - Existing Ordinance) 6. STREET LIGHT REOUESTS A. Review Current Policy (Att. No. 6A - Planner's Memo) B. Birch Bluff Road/Third Street (Att. No. 6B - Planner's Memo) C. Wood Drive/State Highway 7 (Att. No. 6C - Planner's Memo) 7. DISCIPLINARY HEARING 8. CONDITIONAL USE PERMIT - ACCESSORY BUILDINGS Applicant: Location: Lee LaBore 4445 Enchanted Point (Att. No.8 - Planner's Memo) 9. ZONING ORDINANCE AMENDMENT AND CONDffiONAL USE PERMIT Applicant: Greg Erickson Location: 5290 Howards Point Road (Att. No.9 - Planner's Memo) ~ COUNCIL AGENDA JANUARY 28, 1991 Page Three 10. DISCUSSION RE: MAILBOX REPLACEMENT POLICY (Att. No. 10 - Planner's Memo) 11. DISSCUSSION RE: LEASING SPACE FOR PUBLIC WORKS DEPT. (Att. No. 11 - Planner's Memo) 12. MA TIERS FROM THE FLOOR 13. STAFF REPORTS A. Attorney's Report 1. 2. B. Engineer's Report 1. Repairs to Amesbury Well 2. C. Planning Director's Report 1. 2. 14. COUNCIL REPORTS A. Mayor Brancel 1. Approve $225 for Police Reserve Banquet 2. B. Council members 15. ADJOURN TO EXECUTIVE SESSION A. Snyder/Hare Litigation 16. RECONVENE REGULAR COUNCIL MEETING 17. ADJOURN SUBJECT TO PAYMENT OF THE CLAIMS APPROVED (Att. No. 17 - Claims List) MEMO: DATE: 1-~4-'1 \ TO: "A,<I.~01" AM~ C+-, LovN-; 1 FROM: ~rAJ N',e,lbtf'. H ~ t'I\ No. ~ C, - 2.. ~ho.J 16. b.e.. d.e.. \Q.. +e. J. r 1"0 "" t h./l D..j.t.,,-d4... SHOREWOOD MEMO: DATE: ,- 2.4 ~, TO: ~'{OY'"' ~W\d C+y CO.l>'\"; I FROM: ~(,A.~ N\e.l~ Ir-~ ('~pO("t h.,. I-\.e IV\. NO. I \ "'; II be. ~ /! V\ -t v 1"\ a" y ~~...4tt ~ ~o~.e, or . Jr ..1' . . - ..............'" -.... EXECUTIVE SUMl\1ARY SHOREWOOD CITY COUNCIL AGENDA 28 JANUARY 1991 Following are very brief summaries of the items listed on the above-referenced agenda. For more detail please refer to the individual staff reports contained in the Council information packet. Item 3A. Donald Mullenbach request additional time to remove a nonconforming garage on his property, located at 5830 Strawberry Lane. This extension was mentioned when he originally received a variance to split his property into two lots. The City currently holds a $1000 cash escrow to ensure that the building will be removed. The Planning Director recommends that the applicant be given an additional six months to comply. bjn Item 3B. Smithtown Circle, a five-lot plat which was approved a number of years ago, has finally been completed. The street and utilities have been recommended for acceptance by the City Engineer, and long-awaited as-built drawings have been provided to the City. Staff recommends that the improvements be accepted. bjn Item 3C. The State requires that cities update their their land use controls to be consistent with recently adopted Shoreland Management Regulations. As part of the City's participation in the LMCD Comprehensive Plan, Shorewood is eligible for up to $5000 in matching grant funds to defray the cost of this update. In order to receive this money, the City must enter into a grant agreement and designate a City representative to the LMCD Technical Review Committee. Staff recommends that the Council approve the grant agreement and designate the Planning Director as Shorewood' s representative to the review committee. bjn Item 5. The Council has received a considerable number of telephone calls and correspondence relative to the use of snowmobiles in Shorewood, particularly along the H.C.R.R.A. r.o. w which is currently being used as a recreational trail through the city. Review of the City's regulations has become an annual event. The Park Commission has recommended that the current ordinance be maintained but that enforcement be beefed up. All letters, on both sides of the issue, have been distributed to the Council as they have been received. bjn Item 6. The City Council will review its current policy relative to street lights. Staff recommends that the current policy of locating and paying for street lights be maintained. The two requests for street lights are recommended for approval (although modification of the Birch Bluff Road request is suggested), based on current policy. _'__ ,_~. '. ',;,'__.__'''' _.".".,.~~._.,_,,,,,_~..,._.,,.~... ,._._.",._~._~"_._.__..,,., r','_"',__ . I . . EXECUTIVE SUMMARY 28 JANUARY 1991 COUNCIL AGENDA Page two Item 8. Lee LaBore requests a modification to a c.u.p. he received in 1989. He asks that he be allowed to reconstruct the roof of a nonconforming garage to match the architecture of his new house. The nonconformity is considered a technicality and the Planning Director recommends approval. The Planning Commission voted unanimously to approve the modified c.u.p. bjn Item 9. Greg Erickson requests a c.u.p. to exceed 1200 square feet of total accessory space on his proposed new home at 5290 Howards Point Road. In addition he has requested that the City am mend the current zoning provisions which regulate the height of buildings, so that his proposed home can be higher than what the City currently allows. After considerable discussion and debate over two months, the Planning Commission voted 4-3 to leave the ordinance as it is currently written. bjn Item 10. The staff asks that the City Council formally adopt the policy which has been enforced to date relative to replacement of mail boxes damaged by snow vs. by snow plow equipment. bjn Item 11. Councilmembers Daugherty and Gagne have asked Staff to explore the possibility of leasing an existing bus garage in Tonka Bay for the Public Works Department. Although information received to date is minimal, Staff intends, at Monday night's meeting, to identify issues which should be addressed if such an arrangement can be made. A formal analysis and report will be presented at the 11 February meeting. bjn . CITY OF SHOREWOOD REGULAR CITY COUNCIL~ING MONDAY. JANUARY 14. 1~ COUNCIL CHAMBERS 575.0UNTRY CLUB ROAD PAG M I NUT E S CALL TO ORDER Mayor Brancel called the Regular City Council Meeting to order at 7:00 P.M. PLEDGE OF ALLEGIANCE ROLL CALL Present: Mayor Brancel. Councilmembers Gagne. Stover. Daugherty and Lewis. City Attorney Froberg. City Planner Nielsen. Engineer Joel Dressel. Orr. Schelen & Mayeron. Absent: REVIEW AGENDA Gagne moved. Lewis seconded to approve the Agenda as listed. Motion carried - 5/0. Mayor Brancel read the attached statement concerning the published reports of City Council secret meetings. ADJOURN TO EXECUTIVE SESSION A. Snyder/Hare Litigation Mayor Brancel said the Snyder/Hare litigation will be the first item discussed in the Executive Session. She asked the members of the audience if they had any comments. Stuart Finney. Attorney for Snyder and Hare. said his clients are willing to resolve the lawsuit and he is willing to submit a draft to the court. He has requested an extension of briefing and he says the court may be willing to do so. Judge Hedland will be available to talk to the Attorneys tomorrow (Jan. 15). Councilmember Daugherty asked if the interveners will be included in the settlement. Finney said Trivesco intervened in the lawsuit on Jan. 8. 1991. subject to Court approval. if Finney objects. and he will object. The hearing for this intervention is set for Feb. 5. 1991. B. Personnel Performance Evaluation Brancel said the Council will discuss disciplinary action as their second item in Executive Session. The Council adjourned to Executive Session at 7:10 P.M. 1 JA . CITY OF SHOREWOOD REGU. LAR CITY COUNCIL.ETING MONDAY. JANUARY 14. 1 COUNCIL CHAMBERS 575~OUNTRY CLUB ROAD PA~ RECONVENE REGULAR COUNCIL MEETING The Regular City Council Meeting was reconvened at 8:25 P.M. Brancel said the Plaintiffs will dismiss the Snyder/Hare lawsuit and the City will hold a Public Hearing on February 11, 1991 to discuss the TIF plan modification. Brancel said no decision was made on the disciplinary action and the discussion will be continued at an adjourned session on Jan. 15, 1991 at 7:00 P.M. APPROVAL OF MINUTES A. Special City Council Meeting - December 19, 1990 Gagne moved, Stover seconded, to approve the Special City Council Meeting Minutes of Dec. 19, 1990. Motion carried - 5/0 B. Special City Council Meetinq - December 27, 1990 Stover moved, Gagne seconded, to approve the Special City Council Meeting Minutes of Dec. 27, 1990. Motion carried - 5/0. C. Special City Council Meeting - January 7. 1991 Stover moved, Gagne seconded, to approve the Special City Council Meeting Minutes of Jan. 7, 1991 with the following corrections: Stover added the re-appointment of Jim Shultz and appointment of Kirk Rosenberger as Commissioner of the Planning Commission. Motion carried - 5/0. CONSENT AGENDA RESOLUTION NO. 3-91 Gagne moved, Stover seconded to approve the following Consent Agenda: A. Temporary Sign Permit Location: 22075 Stratford Place Applicant: Carol Pehle B. Adopt RESOLUTION NO. 3-91 Accepting Improvements and Releasing Letter of Credit Strawberry Fields. Motion carried - 5/0 on a roll call vote. ~ L CITY OF SHOREWOOD REGULAR CITY COUNCI~ETING MONDAY. JANUARY 14. ~1 COUNCIL CHAMBERS 57_COUNTRY CLUB ROAD PA 3 DISCUSS S. E. AREA WATER TREATMENT PLANT RESOLUTION NO. 4-91 A. Discuss Point of Use Treatment Councilmember Stover said she asked for a comparison between the point of use water treatment and the well treatment. The proposals presented did not indicate the treatment was equal. Brancel said the quote for a point of use system was $599.00 per system plus installation of $175.00. or $26.00 per month plus installation for a lease. Councilmember Lewis asked if the staff was working on this comparison. He said the proposals do not indicate the iron content removal. Noel Vogen of Associated Consultants. said his proposal stated a cost of $11.00 per month per household. B. Discuss Financing Brancel said the plans and specifications for the water treatment plant will cost $40.000. The total cost of the project will be $508.000. She asked the Council if they had any comments about how to finance the plant. Stover said. at the Public Hearing on the plant. residents had indicated they would favor a raise in the water rate fee. She said a raise in the fee would not be fair to those who will not have their water treated and therefore, the City might have to treat all wells. Lewis asked if homeowners had been given the specific costs and were there any polls of the neighborhoods. Stover said the costs were provided at the Public Hearing and the residents who attended wanted their water treated and did not seem to be concerned about the payment method. Lewis asked if other wells in the City experienced this problem. Gagne said they have not but some developments have installed water treatment facilities in the houses. Brancel said the Council needed more information from the residents about the method of payment. Gagne wanted to make sure the price is set and do the residents want to pay for it. He thought another public hearing might be necessary. Daugherty said the problem should be resolved as soon as possible. He had polled residents and they had three alternatives for payment: 1. Use the General Tax Fund 2. Use excess TIF funds. 3. Individuals would agree to be assessed for the cost but did not want to be assessed again for any other systems that are installed in the City. Lewis said the TIF excess would not be an option. It would take 7 or 8 years for the surplus to accumulate and the residents want a solution now. Daugherty said the residents would like to use the TIF funds when it is available. ~ CITY OF SHOREWOOD REGULAR CITY COUNCIL~TING MONDAY. JANUARY 14. ~1 COUNCIL CHAMBERS 575.0UNTRY CLUB ROAD PAG Noel Vogen said a pressure system is the recommended system and the cost would be $435.000; the plans and specs are included in the price. The cost would be $133 per household per year. Lewis said he wanted a public hearing before authorizing an expenditure for plans and specs. unless there is a consensus among the residents involved. Gagne said another public hearing would delay the process. However. the previous public hearing did not have a large attendance. Brancel and Gagne said the residents who request an improvement usually pay for the plans and spec. City Attorney Frobe~g said a statutory Public Hearing was held. If the Council wants another hearing, they must decide what they want published in the notice and the notice must be published twice. the last time three days before the hearing. He said a separate assessment hearing will have to be held. Gagne moved. Daugherty seconded. to adopt RESOLUTION NO. 4-91 "A Resolution ordering Construction of the Southeast Area Water Treatment Plant. with the understanding that the costs would be assessed against the Southeast Area Residents". and any future City water treatment costs will not be assessed against this area. Motion carried - 5/0 on a roll call vote. Gagne moved. Stover seconded. to authorize the Mayor and Acting City Administrator to sign the Water Treatment Plant Agreement for Engineering Services with Associated Consultants Engineers. Inc. Motion carried - 5/0. CONSIDER CHURCH ROAD IMPROVEMENT PROJECT RESOLUTION NO. 5-91 A. Discuss Resident Response Planner Nielsen told the Council that Engineer Dressel met with the residents of Church Road to discuss their response to the project. He also said the City will need to acquire lot 38 for a cul-de- sac in order for the project to be feasible. The owner of the lot is trying to sell it. Brancel asked if their were any public comments. LANCE DETRUDE Mr. Detrude said his property fronts on W. 62nd and he does not think he will benefit from the road improvement. NEIL VEGSUND - 6155 CHURCH ROAD Mr. Vegsund said he wants to proceed with the improvements. even though the cost is high. He said it would help the problem in the long run. There have been no wet years recently to demonstrate to the residents how bad the problem is. Brancel read letters from Church Road residents indicating their opinions on the project: 4 CITY OF SHOREWOOD REGULAR CITY COUNCIL .TING MONDAY. JANUARY 14. ! COUNCIL CHAMBERS 575.0UNTRY CLUB ROAD PAG 1. Mark Morford - yes 2. Barb Cobb - no 3. Gerald Crowell yes 4. Roger Anderson yes 5. Joanne Kennedy no VIRGINIA DEMONT - 6125 CHURCH ROAD She lives next to lot *38 and would like to see it purchased by the City. JOHN GRIMAND - 6185 CHURCH ROAD He would not like to see the road improved. He said his home is older and would not benefit. TOM RIPER - 6130 CHURCH ROAD He is a new resident and would like to have more time to think about it. He had no idea there was a water problem. BARNEY VOGT - 6170 CHURCH ROAD He wants the road improvement but would like to see a breakdown of the costs. Mr. VOgt explained that his front yard collected approximately a 15'x 40' "puddle" of water when there was rain in excess of 2". Dressel and Nielsen pointed out to Mr. Vogt that the largest cost in the project will be the land acquisition for the cul-de-sac easements. RESIDENT 26580 W. 62ND ST. He said he does not want the project, he will not benefit from it. Daughterty asked the Engineer if there was a discussion with the residents that this improvement would not solve all the drainage problem. Dressel said he discussed the idea of strip ponding along the railroad right of way. He has since found out there is not enough grade to do this. He said the proposed project will not solve the whole problem but will help it significantly. There was not a clear cut consensus at the meeting. Froberg said there is a petition on file indicating that 50% of the residents agreed to pay for the feasibility study. Gagne said the Council will have to make the decision. He asked Froberg how many Council votes it will take to proceed with the project. Froberg said they needed a 3/5 vote of the City Council. Gagne moved. Brancel seconded. to adopt RESOLUTION NO. 5-91 "A Resolution Ordering Street and Watermain Improvements for Church Road and Authorizing the Preparation of Plans and Specifications". Motion carried - 4/1 (Stover) on a roll call vote. Stover said the new residents of Church Road should have some time to decide. c=' ,J CITY OF SHOREWOOD REGU. LAR CITY COUNCI~ETING MONDAY. JANUARY 14. ~1 COUNCIL CHAMBERS 57.COUNTRY CLUB ROAD PA 6 B. Determination on Land Acquisition for Future Cul-de-sac. Gagne moved. Stover seconded. to authorize the Staff to spend up to $500 for the appraisal of Lot *38 and begin negotiations with the land owner for purchase of the site. Motion carried - 5/0 PARK COMMISSION REPORT Park Commission Liaison Steve Dzurak informed the Council that the Commission discussed many subjects, however. the Bond Referendum was the most important A. Discuss Bond Referendum Mark Koegler Park Planner Koegler said the Park Commission recommended a Park Referendum to implement the Capital Improvement Program. Gagne and Stover wanted a referendum to receive input from Shorewood residents. Daugherty and Lewis wanted to poll residents without the cost of a special election for the referendum. Koegler said the Park Commission felt the same way. The next step in the referendum process will be informal neighborhood meetings to determine the level of interest in the referendum and mailings to explain the project. He said the Council can stop the project at any time. These neighborhood meetings should give the Council the indications they are looking for. The Council agreed to proceed with the neighborhood meetings as part of the Referendum project. B. Discuss Acquisition of Additional Land for Cathcart Park The Park Commission had previously informed the Council that the Minnewashta Church property is being sold and they may want to look at acquisition of the property for a parking lot. Daugherty did not want to purchase land across the street from the Park. Gagne said Chanhassen had offered a piece of property adjacent to the Park two years ago and the Park Commission recommended against purchasing it. Nielsen said the Cathcart Plan calls for realignment of the ballfields and new parking facilities. Koegler said in the long term, the Minnewashta Church parking lot will not be necessary. The Council agreed not to acquire the Minnewashta Church property. 6 CITY OF SHOREWOOD REGULAR CITY COUNCIL.ETING MONDAY, JANUARY 14, 1 COUNCIL CHAMBERS 57.0UNTRY CLUB ROAD PA SETBACK VARIANCE - FINDINGS OF FACT/RESOLUTION APPLICANT: GEORGE FOX LOCATION: 4905 SUSSEX PLACE RESOLUTION NO. 6-91 Stover moved, Gagne seconded, to adopt RESOLUTION NO. 6-91 "A Resolution Granting A Set-Back Variance to George Fox" Motion carried - 5/0 Nielsen said there are corrections to the resolution. 1. The property description should read: Lot 2. Block 7, Amesbury 12th Addition. 2. The second paragraph should read: "which gazebo encroaches ten feet into the common area of the development;" 3. Findings of Fact. number two should also read: "encroaches ten feet into the common area of the development" 4. Conclusions number one should read: "request for a ten. foot side yard set-back variance at the northwest corner of his lot. REVIEW MN/DOT DESIGN ALTERNATIVES FOR CHRISTMAS LAKE ROAD/HIGHWAY 7 INTERSECTION RESOLUTION NO. 7-91 The City Engineer reviewed the five intersection alternatives presented by Mn/Dot and recommended Alternate No.4. Brancel said that many residents also favored this plan when Mn/Dot held a hearing on the plans. Stover moved, Gagne seconded, to adopt RESOLUTION NO. 7-91 "A Resolution Approving Mn/Dot Layout Alternate 4 for the Christmas Lake Road/Hwy 7 Intersection". Motion carried - 5/0 on a roll call vote. MATTERS FROM THE FLOOR. MIKE HERMAN - 5645 EUREKA ROAD Mr. Herman asked the Council to discuss prohibiting snowmobiles from access to the Shorewood Hiking and Biking Trail. He said he cannot walk on the trail because of the snowmobile traffic: he said they go too fast and are a safety problem. Gagne said he doesn't disagree but thought this subject should go to the Park Commission first. Park Commission Liaison Dzurak said the Commission already agreed to allow the snowmobiles on the Trail. Daugherty said he has had many calls on snowmobile traffic. The Council agreed to discuss the snowmobile access at the January 28th meeting. 7 CITY OF SHOREWOOD ~EGULAR CITY COUNCIL~TING MONDAY. JANUARY 14. 1~ COUNCIL CHAMBERS 575.0UNTRY CLUB ROAD PAG RECONSIDER 1991 EMPLOYEE PAY PLAN Lewis said the Council should give a 5% across the board increase to specified staff and wait for any further increases until a new Administrator can evaluate the staff performance. Gagne and Daugherty agreed with this percentage increase. Brancel asked if the new Administrator could evaluate the staff's performance. She asked Nielsen if the Department Heads had evaluated the staff performance or the previous Administrator. Nielsen said there had been discussions between the Administrator and Department Heads. Lewis said a new Administrator could look at the Department Heads' evaluations. He said the Council can set a time limit for these evaluations. Stover said the increases as stated in the 1991 pay plan are insignificant compared to the budget. The Pay Plan examined the salaries of Cities of comparable size and considered the Compo Worth guidelines. She said the Staff deserved these raises. Daugherty moved. Gagne seconded. to approve an overall 5% increase for the City employees indicated below: 1. Receptionist /Secretary 2. Finance Director 3. Sr. Accounting Clerk 4. Planning Director 5. Building Inspector 6. AA for Planning 7. Public Works Director A new Administrator will have the authority to approve additional increases and these additional raises will be retroactive to Jan. 1. Motion carried - 4/1 (Stover abstained) Nielsen asked the Council if they wanted to publish a salary range for the position of City Administrator. Stover said the Compo Worth guidelines establish $39,100 to $48,900 for the position. Lewis and Daugherty felt this range was adequate and the ad could state the salary would be commensurate with experience. Brancel wanted the low end of the range to be $36,000. The Council agreed to this. STAFF REPORTS: A. Planning Director's Report Nielsen also asked that the Assistant Planner, Patty Helgeson, be approved for full time hours until a new Administrator was hired. 8 ~ITY OF SHOREWOOD REGULAR CITY COUNCI~ETING MONDAY, JANUARY 14, ~1 COJIL CHAMBERS 57 COUNTRY CLUB ROAD PA 9 Gagne moved, Stover seconded, to temporarily raise the hours of the Assistant PlannerCPatty Helgeson) to full time. Motion carried - 5/0. B. Attorney's Report Froberg reported that the Council had voted to increase their salaries at a workshop held last August. The City Code must be amended by Ordinance to effect this increase. The Ordinance must be published and the increase cannot take effect until after the next election. Gagne said he thought this was passed in time for last year's election. Froberg said he was not informed of the Council's action until the December meeting. Brancel said the increase was passed at a Study Session at which Froberg was not present. Froberg summarized the action taken at the Council's Executive Session concerning the Snyder/Hare lawsuit. stating that the City Attorney was authorized to enter into a stipulation for settlement on behalf of the City. whereby the City would hold a public hearing on February 11. 1991 to consider the TIF modifications and Plaintiff would discuss the temporary injunction action. BREAK 10:25-10:30 Gagne said the Council pay raise was stated in the budget and was public knowledge. Froberg said section 105.05 of the City Code sets the City Council salaries at $200/month for the Mayor and $150/month for the Councilmembers. He said the Council could pass and publish an Ordinance increasing salaries now. but it was his opinion that pursuant to the State Statute. the pay increases could not take effect until after the next election. The purpose of the Statute is to ensure that notice is given to the residents of the Council's pay raise prior to the election. The Council agreed to take no action. COUNCIL REPORTS. A. Councilmember Lewis Lewis had no reports. B. Councilmember Daugherty Daugherty said, since the City is making many internal changes. the Council should review contractual services. including the City Attorney and City Engineer. 9 CITY OF SHOREWOOD 'REGULAR CITY COUNCI~ETING MONDAY. JANUARY 14. ~1 COUNCIL CHAMBERS 57.COUNTRY CLUB ROAD PA 10 Brancel asked if that meant asking for RFP'S. Gagne had no objection. Stover said she cannot support the plan. She said the City has been getting excellent service from these people and it also means they would have to review many other contracts. She said she has worked with the engineering firm for 23 years and thinks they do a good job. Lewis said there have been disagreements between the Park Commission and the City Engineer. He said he would like to see what is available. Daugherty moved. Gagne seconded. to ask for RFP'S for the City Engineer and City Attorney. Motion carried - 4/1 (Stover) Nielsen asked what time limit they wanted to establish on the RFP'S and how they would like it published. Daugherty said about 45-60 days. Daugherty and Lewis said they would like to see the Financial Advisory Board have an increased role in advising the City Council. Brancel said she would like to see them meet once a month. Stover said she has contacted the group to find out what day they can meet. She said, in recent years, the Council has made an attempt to recruit members for the Board that have financial backgrounds. However, the Council has not been asking them to meet. Gagne moved. Lewis seconded. to appoint Councilmember Daugherty as liaison to the Financial Advisory Board. in addition to Stover. Motion carried - 5/0. C. Councilmember Gagne Gagne advised the Council that he would be meeting with the Senior Advisory Group on Wednesday. He will also talk to Larry Blackstead of Hennepin County, concerning Elderly Housing, D. Councilmember Stover Stover asked the Council to temporarily raise Planner Nielsen's salary to the level of the City Administrator to compensate him for his duties as Acting City Administrator. Lewis and Daugherty said they would like to compensate him later for this time period based on performance or on an hourly basis. Stover said the City cannot give him a bonus. Stover moved. Gagne seconded. to temporarily increase Bradley J. Nielsen's salary to the level of City Administrator while he is Acting City Administrator. Motion carried - 5/0. 10 CITY OF SHOREWOOD REGULAR CITY COUNCIL~TING MONDAY, JANUARY 14, ~1 COUNCIL CHAMBERS 575.0UNTRY CLUB ROAD PAG 1 E. Mayor Brancel Brancel commended Nielsen for his Executive Summary in the Council packets. She said there is a new Fire Chief, Dana George. The League of Minnesota Cities if holding a seminar for newly elected officials on Saturday, Feb. 2, 1991 at the Radisson So. Daugherty and Lewis said they would check their schedules and notify Nielsen if they can attend. Brancel also said there is a reception by the Association of Metropolitan Municipalities on January 31st. Nielsen will have all the details. ADJOURNMENT SUBJECT TO THE PAYMENT OF CLAIMS At 11:00 P.M., Gagne moved, Stover seconded, to adjourn the meeting subject to the paYment of claims, to Tuesday, January 15, 1991 at 7:00 P.M. Motion carried - 5/0. GENERAL AND LIQUOR FUNDS - ACCOUNT NUMBER 00-00166-02 Checks issued since December 7, 1991 LIQUOR $157,758.61 TOTAL CHECKS ISSUED GENERAL $122,302.14 $280,060.75 Checks for Council approval Checks No. 6001-6035 TOTAL CHECKS FOR APPROVAL $ 96,410.45 TOTAL CHECK APPROVAL LIST $376,471.20 CHECK REGISTER FOR DECEMBER 18, 1990 PAYROLL Checks no. 204724/204756 LIQUOR GENERAL $3,077.13 $12,749.42 TOTAL CHECKS ISSUED $15,826.55 11 CITY OF SHOREWOOD REGULAR CITY COUNCI~ETING MONDAY. JANUARY 14. ~1 CHECK REGISTER FOR JANUARY 2, 1991 PAYROLL LIQUOR $3.375.10 RESPECTFULLY SUBMITTED Katie Snyder Recording Secretary ACTING CITY ADMINISTRATOR BRADLEY J. NIELSEN 1'-.' ""- COUNCIL CHAMBERS 57~OUNTRY CLUB ROAD PAGIP'12 GENERAL $20.313.21 TOTAL CHECKS ISSUED $23.688.31 MAYOR BARBARA BRANCEL . f1xJ 'It{ ftu/~ STATEMENT CONCERNING CLOSED MEETINGS THIS STATEMENT IS MADE IN RESPONSE TO CRITICISMS THAT HAVE BEEN LEVELED AGAINST THE SHOREWOOD CITY COUNCIL FOR HOLDING SO-CALLED "SECRET SESSIONS." I would like to make clear at this time that it is the intent of this Mayor and Council to conduct all meetings as "Open Meetinqs" whenever possible. However, portions of the meeting may be closed to the public for purposes of considering employee performance or discipline, discussing pending litigation, conducting union negotiations, or other matters specifically authorized by the Minnesota Open Meeting Law. In every case, before closing a portion of a meeting, I will announce the reason or purpose for closing the meeting and the subject. DISCIPLINARY ACTION If the purpose is to consider allegations or charges against an employee which involve possible disciplinary action, I will not announce the name of the employee before closing the meeting. If disciplinary action is decided upon, I will announce the name of the employee and the action taken as soon as the meeting is re-opened. From then on, all discussions concerning the employee will be in open meetings. . . PERSONNEL PERFORMANCE If the purpose is to consider personnel performance, I will announce the name of the employee or employees to be evaluated before closing the meeting. As soon as the meeting is re-opened, I will summarize the conclusions reached by the Council. PENDING LITIGATION If the purpose is to discuss a pending lawsuit against the City with the City Attorney, I will announce the title of the lawsuit before closing the meeting. I will not announce any conclusions reached by the Council, however, until after the lawsuit has been resolved. UNION NEGOTIATIONS If the purpose is to consider strategy for labor negotiations, I will announce the name of the union prior to closing the meeting, and if the meeting is to be held at some other time or place, I will also announce that information. A tape recording of the closed meeting will be made, and this tape shall be made available to the public after negotiations have been concluded and the contracts signed. These are the reasons for which I would normally close a public meeting. However, if other matters should come up which the City Attorney believes should be conducted in closed session, such matters will be individually taken up, and the reason for closing the meeting explained prior to closing the meeting. I hope this clears the air as to the subject of "closed meetings" and provides a basis for mutual understanding in future situations. 6J~ ~Q\S CLEAR NEWSLETTER PAGE 11 · rcrg~~ Open meetings! data practices compliance. and how much compliance would cost. If the subdivision disagrees with the flOding. it can notify the conunissioner. woo must provide a time perilx! within wbicb the subdivision can submit addi- tional evidence in support of its claim that it is in compliaoc:e. The commis- sioner must consider at least several factors in rccoosidering wbether the subdivision is in compliance. including recruitment dimculties. retention diffi- culties. recent arbitration awards. and infonnation that can demonstrate- i good- faitb effort to acbieve compliance and continued progress toward compliance. If the subdivision docs not make the changes to acbieve ~pliance .....itbin a reasonable time which the canmissioner sets. the subdivision is subject to the five percent reduction in aid or $100 per day fioe. The conunissioner can suspend the penalty if the noo-compliance is from factors DOt relating to the sex of the members dominating the affected classes. The subdivision must also be taking steps to achieve compliance. A governmenul subdivision may appeal the imposition of a penalty to the office of administrative bearings. The penalty is suspended during the period ofappea!. The commissiooer must report to the Lcgi!llature before imposing any pen- alty. with a list of the political suhdivi- sions which arc in compliance. the costs. a list of the subdivisions out of compli- aoce. the basis for the finding. and the costs and n:conuneDded penalty. if any. Effective August 1. 1990. For a copy of the bill conuct the League office. (612) 227-S600. JJ YChapter SSO (S.F. 1874) significantly alters tbe rules for bandling employee disciplinary actions enunciated by the Mmnesou supreme Court'sAnnondalt AdvOC'alt decision in January 1989. A section by section summary ofthe law was printed in the April 27 . 1990 issue of the Citits Bul/ttin. The law address both the management of daU the conduct oC public meetings. The law attempts to clariCy what data cities must release. Public data includes the existence and status of any com- plaints or cbarges against an employee. specific reasons Cor the disciplinary ac- tion. and data documenting the basis of tbe action. Data that would identify confidential sources who are employees of tbe public body would not be public dau. The tenns of any agreement set- tling administrative or judicial proceed- ing is also publi= dau. A final dispositiOft in a disciplinary ac- tion occurs when the govenunental en- tity makes a fmal decision. regardless of the posslbility of latter proceedings. Fmal disposition indudes a resigr..ation after the governmental unit initiates discipli- nary action. The purpose of this section is to clarify final disposition to allow for the release oC data following city action. rather than never allowing for release as under An- nondait. Regarding meeting operations. the law provides that cities cannot close a public meeting to discuss data that is not pub- lic. Government officials may discuss not public data at a meeting without liability iC the disclosure relates to a matter within the scope oC the public body's authority. is rca!lOnably neces- ~,rg~~ ~ sar)' to conduct the business. and is with- out mal ice. During an open meeting. the public body must make reasonahle ef- fons to protect the data from disclosure. including reference to letter. nlDllber. or other designation that does not reveal the identity oC the dau subject. The city must close any portion oC a meetmg If another Jaw expressly re- qUires It or If certam types of daU are under discussion. This includes data that would identify alleged victims or report- ers oC criminal sexual conduct. domestic abuse. or maltreatment oC minors or vulnerable adults; active investigative daU or internal affairs data relating to allegations oC law enforcement person- nel misconduct; ~ucational data; health ~!!; medical data; welfare da~; or Donpul>11C menUl health data. A publlc body must close a meeting for .fI"Cilzmnary consideration of allegatlOrTS' or charges against an lDdlvidual sub 'eet to Its aut rit~. ICthe members conclu e that disciOlin~f any nature may be warrantea. tu r meetings or hearings must be open. This section is the beart of the bill and reflects I political compro- mise between employee privacy and media access. A public hndv mav close I meeting to evaluate the ~nnance oC aD individ- ~I subiect 311~ The govern- menul unit must. however. identify the individual to be evaluated prior to clos- iog meeting. At its oext open meeting. the body must sununarize its conclu- sions regarding the evaluation. The gov- erning body may close meetings if state statute authorizes closure or iC 1li: attor- ney-client privilege applies. - - - Fmally. the law provides that beCore closinJ~ a meetio2. I DUblic body must state on I~ ",~nrd I~ soeciflC 2rounClS iiiat allow tbe meetin2 to be closed anq describe the subject officials will dis- cuss. Effective August 1. 1990. For a copy oCtbe bilJ. call the League at (612) 227-S600. JJ i . MAYOR Barb Brancel COUNCI L Kri sti Stover Bob Gagne Rob DaughertY Daniel Lewis . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD. MINNESOTA 55331 · (612) 474-3236 MEMORANDUM TO: Mayor and City Council FROM: Brad Nielsen DATE: 24 January 1991 RE: Mullenbach, Don - Request for Extension on Deadline for Removal of Nonconforming Accessory Building FILE NO.: 405 (90.07) In June of last year Mr. Donald Mullenbach received a variance to split his property at 5830 Strawberry Lane into two lots. He was required, as a condition of approval, to move or remove a nonconforming garage which sits too close to the road on the newly created vacant lot. In the attached letter he now requests that he be given additional time to dispose of the building. The applicant indicated at the time his division was approved that he may need more than the six months he was allowed to remove the building in question. It is worth noting that we are currently holding $1000 in escrow to ensure that the building will be removed. Based on these factors it is recommended that the applicant be given six additional months to move or remove the garage. If you have any questions relative to this matter, please contact me prior to Monday night's meeting. cc: Glenn Froberg Don Mullenbach A Residential Community on Lake Minnetonka's South Shore 3" f ... / - ? ~? ~f~",-,\ ,~,-r ), '-,' '-' ()_",,, .\ f/t..-tL..r..~..:tl'~ .X ,J... - '.' - , '-- . JAN _ 8 /99' I J (b/t~ )1t~k~ n- ;:;c~; 1# fio p(Pc;, C? 7 ) /7-u?Cd-nk4?/ .4-a~"? / ~~~f~,~)4H<e. ,>>-~--t/?L- >>~l-J ~77 : . CU:: /~4~~'-C~0 pt/=- ~~ ~ {2t~. ~7/?tf' /7?V: _R~ /~q? ~~ 7/0 ~V" '~.., ~ (..:~ .//'2,t~.~,~.,UC{~~.r/ I U./~ e/~_ -?['V'4 ~'f?cz'''C.r //f!d/hdL;.- /4.7; . , <:7.. A~ u' P/:' '-.L... ~. ~ r"Z.. l{,/_e./rt4;?L-k~~~Z :,-4'~;!-~~~ /c_ /'P.e:e{/ tJ,tc.,{ /.A/~<-c~' y" '/1e>~-f--c"c-,t;;.f" /,c,.-=-e>.a>d.CC',&t. /t'c~/~, Cl'7( JI: ,~t;Z[::::>,? ?'71. ~?f(~ ,//Le>'r:7~0 .~( ~/ (-' --7 .?~. /,....... . . ..' ". . ..... ..... .' .7' -c... ' 'C-- ,'/./J .It(-C _jZ~'::LCt0---~.. _4 ;(~ll /,C' ~ ~ ~~- ,-:~-t". .. </f.L-6,t,~L.(/~'-?' / tl jZ, ic',/,--?C?:__t;;d~C~_ CC~ /€:;,c--a___ . ~/Y~'C;'-:~ .CC-C:C.;L ~Z'.;~~.._. /F-cE:. C.'-7~ ~~--.UJ;. jt/ ,k~';'-L{ /~~(...I? 0' /Ca'.y<- :0/ ~"i!'/~{/ ~~ // "" ~ 0" "/ ~ ./7t.C) ,~~:~ ,//~ ~-e;-e~~ / c:?:~-.k5?' ~. CtfJil'11,~ . ~/ .~1-C-d- t?'/?Z~-?~;;P ~ /' +C~~-&~ ' C'- ~ .~/jyCJ..e7 I k ."\ /....' /j'/-;A, );;11&&4 r . A' A ,._ .-" / . ..., .' _;~... I 'C~; //' /t ) ~ 1/ /t,-,,<tf:. ':< c:' '-/ / .i?{. t..-'& .....i,.~ ~/ ./ .~/.;~ (., V '" , · ;os~ s~oc . FilE COpy JUN - 8 1990 June 6, 1990 202\ East Hennepin Avenue Minneapolis. MN 554\3 612-331-8660 FAX 331-3806 Engineers Surveyors Planners City of Shorewood 5755 Country Cub Road Shorewood, MN 55331 Attn: Mr. Larry Whittaker City Administrator Re: -S~thtown Circl~) -'OSNrCoIDi:iL'No. 1744.89 Dear :M.f. "':.hii.i.akcr: The developer of the Smithtown Circle Subdivision has requested the City take over the ownership and operation/maintenance of the streets and utilities. We have inspected these items and find them to be complete and in conformance with City Standards. Therefore, we recommend the City assume the ownership and operation/maintenance of the streets and utilities. The utilities being the sanitary sewer and storm sewer. No additional bond or security is required for these items. The one-year warranty period has already expired. Respectfully, ORR-SCHELEN-MA YERON & ASSOCIATES, me. Ja-- f 1~ - . . ,.i .,y. /~-:7 - /' f ~7 . , '-, ;:: ~ . ...,..;- /{J.f:.:>'l'_,-:r/;~ j I /1 :,'vl .. .,.n:~':- 6",-.. ~ James P. Norton, P.E. City En~iceer ~ ... /, /,-11 ~-~L; . ~~ JPN / cmw 06 /90-cos.lw.1 cc: Mr. Brad Nielsen, City of Shorewood Mr. AI Rolek, City of Shorewood Mr. Don Zdrazil, City of Shorewood Mr. Phil Tipka, Resident Inspector Mr. Glenn Froberg, Attorney Mr. Bill Diem, Developer Rome Development 313-( - . . 1/10/91 .. RESOLUTION NO. A RESOLUTION ACCEPTING IMPROVEMENTS IN THE PLAT OF SMITHTOWN CIRCLE WHEREAS, on May 11, 1988, the City of Shorewood (City) entered into an Agreement with William A. Diem (Developer) for the development of the plat known as Smithtown Circle; and WHEREAS, Paragraph 1 of said Development Agreement provided for the Developer to construct and install certain enumerated improvements, which improvements included street grading, stabilizing and bituminous surfacing, integral shoe formed bituminous curbs and gutters, sanitary sewer mains, and storm sewers; and WHEREAS, Paragraph 11 of said Development Agreement provided for the construction of such improvements to be subject to the supervision of the City Engineer; and WHEREAS, Paragraph 12 of said Development Agreement provided for the conveyance of said improvements to the City by the Developer and for the acceptance by the City of such improvements; and WHEREAS, the Developer has completed construction of the said improvements in the plat of Smithtown Circle, and all such improvements have been inspected by the City Engineer and found to be in compliance with the applicable plans and specifications; and WHEREAS, the Developer is desirous of conveying said improvements to the City and the City is desirous of accepting said improvements from the Developer. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of S horewood as follows: 1. That the City hereby accepts from the Developer all of the above enumerated improvements within the plat of smithtown Circle. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this day of , 1991. Barbara J. Brancel, Mayor ATTEST: City Administrator/Clerk Roll Call Vote: A yes - Nays - 3b---;l- . MAYOR Barb Brancel COUNCI L Kristi Stover Bob Gagne Rob Daugherty Daniel Lewis . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236 MEMORANDUM TO: Mayor and City Council FROJ\.1: Brad Nielsen DATE: 21 January 1991 RE: Shoreland Grant Agreement FILE NO. 405 (Zoning Ord.) The Minnesota Department of Natural Resources requires that cities update their regulations relative to shoreland management to be consistent with the most recent DNR rules. The DNR also provides grant assistance to cities to help defray the cost of this effort. Through the Lake Minnetonka Conservation District, the City of Shorewood is eligible for up to $5000 in matching grant funds for the updating of its zoning provisions. In order to obtain these funds it is necessary to enter into the attached grant agreement. One of the responsibilities of each of the Lake Minnetonka communities is to designate a representative to serve on a technical review committee responsible for evaluating the consistency of each city's land use controls with DNR and LMCD standards. Since the grant suggests that the representative be a staff member experienced in land planning, and since I have been previously involved in the LMCD subcommittee relative to shoreland management, I suggest that the Council designate me as Shorewood's representative to the technical review committee. Once the grant agreement is executed, the City may begin documenting its expenses related to the project. For example we are currently updating the City's base map and zoning map, which qualify for reimbursement. If you have any questions relative to this matter, please contact me prior to the meeting on 28 January. cc: Glenn Froberg Al Rolek 3c-l A Residential Community on Lake Minnetonka's South Shore . . 802.01 SECTION: 802.01 : 802.02: 802.03: 802.04: 802.05 : 802.06: 802.07: 802.08: 802.09: 802.10: 802.01 : . . 802.01 CHAPTER 802 SNOWMOBILES Definitions Operation on Streets and Highways Operation Generally Equipment Application of Other Laws Persons Under Certain Age Leaving Snowmobile Unattended Chasing Animals Forbidden Littering and Obstructions Violations DEFINITIONS: - Subd. 1. BOULEVARD: That portion of the street right-of-way between the curb line and the street boundary line in platted areas. Subd. 2. OPERATE: To ride in or on and control the operation of a snowmobile. Subd. 3. OPERATOR: Every person who operates or is in actual physical con- trol of a snowmobile. Subd. 4. ORGANIZED EVENT: An event sponsored and conducted by the Park and Recreation Commission, the Chamber of Commerce, Jaycees, American Legion or similar Council-recognized civic groups or associations. Subd. 5. OWNER: A person, other than a lienholder, having the property in or title to a snowmobile and entitled to the use or possession thereof. Subd. 6. PERSON: Includes an individual, partnership, corporation, the State and its agencies and subdivisions, and any body of persons, whether in- corporated or not. Subd. 7. RIGHT-OF-WAY: The entire strip of land traversed by a highway in which the public owns the fee or an easement for roadway purposes. \ 5~ 802.01 . . .. 802.02 . Subd. 8. ROADWAY: That portion of a street or highway improved, designed or ordinarily used for vehicular travel, including the shoulder. ( Subd. 9. SAFETY or DEADMAN THROTTLE: A device which, when pressure is removed from the engine accelerator or throttle, causes the motor to be disengaged from the driving track. Subd. 10. SNOWMOBILE: A self-propelled vehicle designed for travel on snow or ice or natural terrain steered by wheels, skis, or runners. ( Subd. 11. STREET or HIGHWAY: The entire width between boundary lines of any way or place when any part thereof is open to the use of the public, as a matter of right, for the purposes of vehicular traffic. c. 802.02: OPERATION ON STREETS AND HIGHWAYS: Subd. 1. No person shall operate a snowmobile upon the roadway, shoulder or inside bank or slope of any trunk, County-State aid, City or County highway in the City and, in the case of a divided trunk or County highway, on the right-of-way between the opposing lanes of traffic, except as pro- vided in this Chapter, nor shall operation on any such highway be per- mitted where the roadway directly abuts a public sidewalk or property used for private purposes. No person shall operate a snowmobile within the right-of-way of any trunk, County-State aid, City or County highway between the hours of one-half (Y2) hour after sunset to one-half (Y2) hour before sunrise, except on the right-hand side of such right-of-way and in the same direction as the highway traffic on the nearest lane of the roadway adjacent thereto. No snowmobile shall be operated at any time within the right-of-way of any interstate highway or freeway within the City. ( '-. Subd. 2. No person shall operate a snowmobile upon the roadway of any street or highway except for the purpose of direct travel from the person's home to the closest snowmobile area by the shortest possible route and then only if travel on the adjacent street or highway right-of-way is restricted because of developed yards or physical barriers. Subd. 3. A snowmobile may make a direct crossing of a street or highway ex- cept an interstate highway or freeway, provided: a. The crossing is made at an angle of approximately ninety degrees (900) to the direction of the street or highway and at a place where no obstruc- tion prevents a quick and safe crossing. b. The snowmobile is brought to a complete stop before crossing the shoulder or main travelled way of the highway. c. The operator of the snowmobile must yield the right-of-way to all on- coming traffic. ( 802.02 . . 802.03 # d. In crossing a divided street or highway, the crossing is made at an in- tersection of such street or highway with another public street or highway. e. If the crossing is made between the hours of one-half (Yl) hour after sunset to one-half (Yl) hour before sunrise or in conditions of reduced visibility, only if both front and rear lights are illuminated. Subd. 4. No snowmobile shall be operated on a street or highway within the City at a speed exceeding ten (10) miles per hour. Subd. 5. No snowmobile shall enter any uncontrolled intersection without making a complete stop. The operator shall then yield the right-of-way to any vehicles or pedestrians. Subd. 6. Notwithstanding any prohibition in this Chapter, a snowmobile may be operated on a public thoroughfare in an emergency during the period of time when snow upon such thoroughfare renders travel by automobile im practical. OPERATION, GENERALLY: Except as otherwise specifically permitted and authorized, it is unlawful for any person to operate a snowmobile within the limits of the City: Subd. 1. On a public sidewalk or walkway provided or used for pedestrian travel, or on boulevards within any public right-of-way. 802.03: Subd. 2. On private property of another without lawful authority or express con- sent of the owner or lessee. Subd. 3. On any other publicly-owned lands and frozen water, including but not limited to park property, public or private school grounds, playgrounds, recreation areas and golf courses, except areas previously listed or authoriz- ed for such use by the proper public authority. In such areas, such use shall be lawful and snowmobiles may be driven in and out of such areas by the shortest route. Authorized areas in the City owned by the City shall be designated by Council resolution. Notwithstanding anything in this Section contained to the contrary, snowmobile operation shall be per- mitted on all public bodies of water within the City, provided that said operation shall comply in all respects with provisions of this Chapter and all other City ordinances. Subd. 4. At any place while under the influence of intoxicating liquor or nar- cotics or habit forming drugs. Subd. 5. At a rate of speed greater than reasonable or proper under all the sur- rounding circumstances. Racing is prohibited except as may be specifically authorized as part of an organized event, which authorization shall be by permit issued by the City Council. Maximum speed limits shall be set from time to time by Council resolution. . . 802.03 802.04 Subd. 6. At any place in a careless, reckless or negligent manner so as to en- danger the person or property of another or to cause injury or damage thereto. Subd. 7. So as to tow any person or thing on a public street or highway except through use of a rigid tow bar attached to the rear of the snowmobile. Subd. 8. At a speed greater than ten (10) miles an hour when within one hun- dred fifty feet (150') of any lake shore, or any fisherman, fish or ice house, nor within one hundred fifty feet (150') of any sliding area or skating rink when in use, nor where the operation would conflict with the lawful use of property or would endanger other persons or property. Subd. 9. When the noise level of the snowmobile exceeds seventy eight (78) decibels on the A Scale at fifty feet (50'). Subd. 10. Within the right-of-way of any public street or highway within the City, unless the operator shall have a valid motor vehicle driver's license issued by the State of Minnesota or a valid snowmobile safety certificate issued by the Commissioner of Natural Resources, or unless accompanied by a licensed driver who is actually occupying a seat in the vehicle. Subd. 11. Within the City between the hours of eleven o'clock (11 :00) P.M. and seven o'clock (7:00) A.M. except for purposes of transportation to the residence of the operator. 802.04: EQUIPMENT: It is unlawful for any person to operate a snowmobile any place within the limits of the City unless it is equipped with the following: Subd. 1. Standard mufflers which are properly attached and in constant opera- tion and which reduce the noise of operation of the motor to the minimum necessary for operation. Mufflers shall comply with 6MCAR section 1.0057 E.5, which certifies that a new snowmobile complies with the noise limitation requirements of this rule. A manufacturer shall make such a certification based on measurements made in accordance with the SAE Recommended Practice J 192(a) as set forth in the Report of the Vehicle Sound Level Committee, as approved by the Society of Automotive Engineers September, 1970, and revised November, 1973. Subd. 2. Brakes adequate to control the movement of and to stop and hold the snowmobile under any conditions of operation. Subd. 3. A "safety or deadman" throttle in operating condition. Subd. 4. At least one clear lamp attached to the front, with sufficient intensity to reveal persons and vehicles at a distance of at least one hundred feet (100') ahead during the hours of darkness under normal atmospheric con- ditions. Such head lamp shall be so aimed that glaring rays are not pro- jected into the eyes of an oncoming veicle operator. It shall also be equipped with at least one red tail lamp having a minimum candle power of sufficient intensity to exhibit a red light plainly visible from a distance of five hundred feet (500') to the rear during the hours of darkness under , '. ( ( ( ( ( c ( 802.04 . . 802.09 --". normal atmospheric conditions. The equipment shall be in operating con- dition when the vehicle is operated between the hours of one-half (\12) hour after sunset to one-half (\12) hour before sunrise or at times of reduced visibility. . Subd. 5. Reflective material at least sixteen (16) square inches on each side, for- ward of the handlebars, so as to reflect or beam light at a ninety degree (900) angle. "~-';" 802.05: APPLICATION OF OTHER LAWS: City traffic ordinances shall apply to the operation of snowmobiles upon streets and highways, and Minnesota Statutes sections 84.81 to 84.88 and Minnesota Statutes chapter 169, as amended, and except for those provisions relating to required equipment, are hereby adopted by reference. 802.06: PERSONS UNDER CERTAIN AGE: Subd. 1. It is unlawful for any person under fourteen (14) years of age to operate on streets, highways, public lands or frozen water or make a direct cross- ing of a street or highway as the operator of a snowmobile unless accom- panied by a parent or guardian. A person fourteen (14) years of age or older, but less than eighteen (18) years of age, may operate a snowmobile on streets, highways, public lands or frozen waters as permitted under this Section and make a direct crossing of a street or highway only if he has in his immediate possession a valid snowmobile safety certificate issued by the Commissioner of Natural Resources. Subd. 2. It is unlawful for the owner of a snowmobile to permit the snowmobile to be operated contrary to the provisions of this Section. 802.07: LEAVING SNOWMOBILE UNATTENDED: Every person leav- ing a snowmobile in a public place shall lock the ignition, remove the key, and take the same with him. 802.08: CHASING ANIMALS FORBIDDEN: It is unlawful to intentional- ly drive, chase, run over, or kill any animal, wild or domestic, with a snowmobile. 802.09: LITTERING AND OBSTRUCTIONS: Subd. 1. No person shall deposit paper, litter, rubbish or debris on public or private property, or throw paper, litter, rubbish or debris from snowmobiles. Subd. 2. No person shall place obstructions, including ice blocks, on publicly- owned lands or frozen waters so as to interfere with the lawful use thereof by the public. 802.10 . . 802.10 '. 802.10: VIOLATIONS: Every person convicted of a violation of any of the provisions of this Chapter shall be punished by a fine of not mure than seven hundred dollars ($700.00) or by imprisonment for a period of not more than ninety (90) days, or both, but in either case the costs of prosecu- tion may be added. (Ord. 184, 9-8-86) ("" ,<' " (' ( ( t t * Subd. 1. Drive or park a vehicle, except an authorized or emergency vehicle, on any turf or other area not designated for parking or travel. 2 Subd. 2. Wash, grease, dismantle, repair, change or deposit the oil of a vehicle anywhere in a park or recreation area. i \ 902.03 . . 902.05 Subd. 1. Kill, trap, hunt, I pursue or in any manner disturb or cause to be disturb- ed any wildlife. /..--~ ( Subd. 2. Bring any dog, cat or other animal unless caged, kept on a leash not more than six feet (6') in length or under control of its owner. Subd. 3. Permit any animal to disturb, harass or interfere with or endanger any visitor or visitor's property, or tether any creature to a tree, plant, building or park equipment. r- r Subd. 4. Permit any animal to enter unauthorized areas. Unauthorized areas are active play areas, picnic areas and park buildings. Subd. 5. Release any insect, fish, animal or other wildlife, or introduce any plant, chemical or other agent potentially harmful to the vegetation, water supply or wildlife of the area. ( " Subd. 6. Ride a horse, except with prior approval from the City. 902.04: VEHICLE RESTRICTIONS: No person in a City park or recrea- tion area shall: Subd. 3. Operate a motorized vehicle except on marked trails during times designated by the City Council and/or Park Commission. Subd. 4. Operate any watercraft within designated swimming areas. 902.05: ADDITIONAL RULES FOR USE OF PARK AND RECREA- TION FACILITIES: The following are additional rules pertain- ing to the use of public tennis courts, use of waters located in City parks and use of public skating rinks. No person shall: Subd. 1. Public Tennis Courts: a. Be allowed on any tennis courts while wearing street shoes. b. Be allowed to make use of the tennis courts except for playing tennis. c. Use a tennis court for longer than sixty (60) minutes when other tennis players are waiting to use the tennis court. Subd. 2. Swimming in Park Waters: 1. See Chapter i03 of this Code. 2. See also Section 801.06 of this Code. EXCERPT FROM PARK ORDINANCE ATT. #5B . . MAYOR Barb Brancel COUNCI L Kristi Stover Bob Gagne Rob Daugherty Daniel Lewis . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD. MINNESOTA 55331 · (612) 474-3236 MEMORANDUM TO: Mayor and City Council FROM: Brad Nielsen DATE: 24 January 1991 RE: Street Light Policy FILE NO.: 405 (Street Lights) Shorewood currently pays for the electricity for 139 street lights. The average light costs approximately $13 per month. The City has budgeted $27,000 for this purpose for 1991. At the 10 December 1990 Council meeting a request for a street light on Birch Bluff Road was tabled to the 28 January 1991 meeting, at which time the Council is to discuss our current overall policy relative to the City installing street lights. The Council did not specify what part of the policy needs review so we have attempted to summarize the entire policy herein. Location. The City recognizes that street lighting in certain locations is necessary to promote safe travel for vehicular and pedestrian traffic. It is not, however, intended for the purpose of deterring criminal activity. Based on this the Council will consider the authorization of placing street lights on city streets only at: 1) intersections; 2) the end of cul-de-sacs; 3) sharp turns; and 4) steep hills on city streets. Requests for Street Lighting. While requests will be considered from any resident, staff recommends to those who ask that a petition of neighboring residents is preferred. Cost of Street Lighting. The City agrees to pay the cost of monthly electric service for authorized street lights. It will not pay for installation of lights or extending power to the proposed location of the light. Nor will the City pay for anything beyond what is considered to be a standard street light. A Residential Community on Lake Minnetonka's South Shore fcA . . MEMO - STREET LIGHT POLICY 24 January 1991 Page two This policy is similar to what other cities in the metro area have. In reviewing this issue we found some cities which include a street light charge on their monthly utility bill. In most cases these cities also had a policy of providing street lights throughout the community, rather than simply on a demand basis. I believe Excelsior uses this approach. There has been some discussion about trying to charge benefitting residents for lights. Suggestions have been made such as creating taxing districts, similar to what we are doing for storm sewer projects. Staff feels that trying to demonstrate who benefits from an individual street light is virtually impossible. Also, the time and expense of setting up taxing districts for this purpose is not cost effective. Assuming that the City Council agrees that street lighting is a legitimate public purpose, the Staff feels that the current policy is reasonable and requires no significant change at this time. With regard to the two street light requests on the 28 January agenda, the Birch Bluff Road request, in the location requested, is considered to be a security issue. However, as mentioned in the staff report for that request, a light located somewhat to the east is considered appropriate. Residents who feel security lighting is necessary have the option of contracting directly with NSP for this type of lighting. The request for lighting at Wood Drive and Highway 7 is considered appropriate, particularly in view of recent lane striping changes on Highway 7 in that vicinity. cc: Glenn Froberg Joel Dresel Marcia Meloche Jim Baskfield -2- . . MAYOR Jan Haugen COUNCIL Kristi Stover Robert Gagne Barb Branca' Vern Watten CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236 MEMORANDUM TO: Mayor and City Council FROM: Brad Nielsen DATE: 10 December 1990 RE: Street Light Request - Birch Bluff Road FILE NO: 405 (Street Lights) We have received a petition from residents of Birch Bluff Road requesting that the City install a street light on Birch Bluff Road at the Third Street "fire lane" (petition attached as Exhibit A). While Shorewood's policy for installing street lighting is considered fairly liberal, the request does not conform to the minimal requirements established by the City. In the past street lights have not been approved for mid-block locations except where potential traffic hazards exist, such as sharp curves, steep grades, etc. Although the Third Street location may be relatively dark at night, from the standpoint of traffic visibility it is actually one of the better spots on the road. The road is quite straight in that location and cars have good sight lines from either the east or west. There are, however, two locations on Birch Bluff Road which do conform to Shorewood's current policy and which may also accomplish the type of neighborhood security sought by the petitioners. One of the locations is approximately 500 feet east of the requested location. This is not only the crest of the hill but the road also curves in this location. A light located here would enhance traffic safety and actually be more effective in illuminating the neighborhood than the requested location. The other location where a street light would be warranted is at the intersection of Birch Bluff Road and Eureka Road. Here the alignment of the streets leaves something to be desired. This is considerably east of the requested location, however. Based on current policy it is recommended that a light be installed on the existing pole at or immediately east of 25960 Birch Bluff Road (see location map - Exhibit B). cc: Larry Whittaker Glenn Froberg Jim Norton Marcia Meloche A Residential Community on Lake Minnetonka's South Shore G,e Mayor Barbra Brance~ Shorewood City Council Shorewood City Hall 5755 Country Club Road Shorewood, Minnesota 55331 December 2,.990 Dear Mayor Brancel and Council; The undersigned residents of Shorewood, with property along Birch Bluff Road respectfully request that a new street light be placed on the South side of our road at the Third Street fire lane. A pole is already available to accommodate the light. There are no street lights between Crescent Beach and Grant Lorenz Road at the present time. This is a distance of almost one mile and makes for a very dark and dangerous road. We feel the new light will provide a safer and more pleasant neighborhood, will deter vandalism and burglary, and provide a safer passage for many walkers and joggers. Women in the area do not feel safe coming home at night. Address ~;~ :~:~:::~~ ~A?/ .,<J/Y'~/1'/ o<{, IdO ~L /3-,l~.:! !(~!, ~ /~< " ...:A,. .-./ ,,/. /.\,.J "') I / . }J . -'- // Bld;;~;t': .'~ t:::i~ E ~"""WI~" -0 ~;'l//J o<.(t1 (j V J./VTc-;i\...t.. j.J' ~ r;~ J..(,/l-(<J ~ ~,fJ . Jt~~Y7.t/~~'f!)'-:t/o;g Ji/ o /J ' ~~;t. ;;;I~ '').6075' f,if\LH ')'-0(" f{~ ~ ;1,/;~ UL;:; M~ d~~-8I'1) :tfi"" &WIU- f'I)~cdc J.00~. ~VL~ .~~r2d. r I" I (' . ./;: . . J:l. lit- I/~ _-{ II'. . 1\ j r.-. j0 J ~ C;c3 '2. C' v.J\..kl v -...~/ v c.- ' ,--) d" \. ~"\/ 1" ~/,( CC~tL.;../ L f,; J '-=~.. . d fL 1/ .';; 6 uS 0 1;;..\ nk ~('^-C(- f --;-~~. v~~ ,t \)' 1 ~ ~ ? J -:<. \.AJ..tr 'c). ~~ ~.;j).~~1V-1 d..~ \ C ...DilL \1-=> ' \ . 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U t-U> u.z....- ~O~mO o..:;:)t-:;:)>, WcCo:o..l.J.J zwcC > zo:o..oo: !#=:;)wz::> ...mo<ccn ~ 0:: cC ~ o 0:: Z < =:;)~o 2~~ t-~2 U=:;) _Ot->' o::muo: t- _CC Illt-O:: 0 _Ut-Z O....IIl=:;) 0::..... 0 o:t-om w III ~....ot- UJowZ III :::c w ...Jill::::;: ~oo:w o:owo: o:::ct-U t-U<CZ 1Il1ll~"'" , I , . I . , . . , . I . . , . . , I . . . , . . , I . . ~ ~ ~ ""'=!l :....~..nl .... : .. .'.: ~ . . c c 63x~ NOV - 3 1900 Mayor Barbra Brancel Shorewood City Council Shorewood City Hall 5755 Country Club Road Shorewood, Minnesota 55331 December 2, 1990 Dear Mayor Brancel and Council; The undersigned residents of Shorewood, with property along Birch Bluff Road respectfully request that a new street light be placed on the South side of our road at the Third Street fire lane. A pole is already available to accommodate the light. There are no street lights between Crescent Beach and Grant Lorenz Road at the present time. This is a distance of almost one mile and makes for a very dark and dangerous road. We feel the new light will provide a safer and more pleasant neighborhood, will deter vandalism and burglary, and provide a safer passage for many walkers and joggers. Women in the area do not feel safe coming home at night. Name Address ~~ tJ, 7}u~ cUl.;l 0 tlhUN 8.tu-ff ;/!raA. . ~.JL.., v' v' ~ ..-/ "hJ1?~ 2~/21J ~~~ ~," d//!A'Y: ~J,jN0':~^'< ~ bid d &WL /JJ.~j,' J; OJ' I!l /'" ,', " /r /il\'.~ E du~/ /0 /J}I/JT ~ b /0 0 ~,J.... ~f 'i:{ ~ 8~ /A"t..(u ~rs:~f' . , 1J~~,~~~ '\. _ ~'/Y. /3<;':;:: . y&-71 CL);;(/ ~M&d.A I~ ;2.(j/I? I P/~ZT ~ ;t ,~ 1.6075' f!,illcH 1'-c" R,!;, ~ A-'J~JJP~ ;;?/;jJM~ ?~&-I#:6l' . &;WJ~ ;rf((lL~=k ;200~j ~~cl;,:6f:Y2d / I' ,/ J', ( I JlL . '" ' -/", { -f' J \ ( ',I" ,)' ~ ~6'~ C' ~ \ k v .:r..~,/ v <:-- ' , / Uv \'-y,\ '. '.(( l( -V),/'l L ? C':'/J, I (fL,;, ". ~ 6 ".> 0 1) : r .. k ~:' v..f r",. ! t/~ (/. 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M~_._<{_~<-~5_~~~e..( ._c:)h~ -. ..~F~ ~-~ .-~-~~~, .~ --<;.~-{ .A-6~~ . ....-^^-.)o..AA~.. ~ ~ ""'-- L...A- L~ "'-' ~6 CJ\.-A. ~ 4 ~ s_~ ".~ A.~ ~) .~~u.4. ,0- dl.~~,-"--,----O~lu. s- a.. .___.~__..__ ._<s~ '-U.k~ ~ 'S.~~.~w ~ ~ ~.~L'tAJ) .. ~ J>.. _..~:.u.. ~ rA.M _c.-WJ-u-- ~ G.A- ~dl..2_..:{ .. w ,,~~_ ~__~.J.-tj> {U--. y+-A-~__~~ ~-'; L~~\ ~ ~ ~~ -~ e2eo 'u~. u-~8Jb'l6 e,J. ~ L~(.AJ- ~ - . . t\~O I '8" I \ '1 q I Dv.-t.. ~~ f1Wv""c.J wJI .s;~ (,,-t,0~ f'T\a-vJ,.eA~) ~ ~~ ~.fl ~ ~cd J-C; Nv ~ t3~ ~rr&~~ ~1/17,{. W"- ~ ~~ ~ 01AA- ()Uv-;:L~~U kQ IV'-V ~ !L~ ) ~ ~(,.d AD ffV41 ~ ~~ ~ ~ ti, \,,) 12- J,.,,'\.~ .~ ~~~ ~ ~) e<-Ji L~~ l~.c-<-,"~:;~ It...Jl Zlt~--:L J.,.e. tL 4--~ Yvv(f-'J I .N-d -;L l1'~t<.n-- Cv"-. ,vIv",dA~~h G0l'\..lA~ ~~-t'a: · ~ ~ 1-l~ LL .~ cd ~ ~u4-6 ~czQ~J 3/1) S~ . ~ u ~L~ ~~.~ .I\~~~ ' {J ee:~ ,-,:""rjJ. 4~ -~ ud ~,-,~S~~-l<.'{)<.. ~"...JJ ('\"I'4Y~""=-- · 11\-71. ~~ ~ u~ f'MW t l."d; ~~~Vh,-JL~ 'J /' ~ L.. I \i . ' ,\) \j Ii n rl l Jl 0 (J-# rtr'vt"'~ f-c:::N -f\k- .~~,"---,y.'-<:rtS-c!! ~ (~ J2A~' J\...'fJ')l j.;UJ- .{U~ ~ .4lwJ. ~\.!tL ~ ~uvc<.- ,~,~~ lY~ .{V-M- jU~\.:.lW-;t ..~ ~vv=l't tt! C< 4.A.Q -11 .at~. It Ju~'~' j.<-~ ')L~ ~,- ~~VrC ~. /~~ U- .~ ~-t d (l..:'vGl ~-tl a-~ ,; ~ sJ~a:J ,0C\.'\..~~Y '~L.v\"(,Q (-. '1.'~ -.A..o . ~ "n -JJi.-L:o. e,-<J tL r A -" ^ A ~ \ . . (.) ) _ .' . . .~ _ . I~ '8 I ~\ Cv~ JL..~(U\.r~~UL.Q , /I.~~'/r) QjL/\-L (S ~ J.G I "I j) {J ",vtl g~..t ~~ .s~'-C..-{.u-c{r& ( ~~ .5 S -3:.5 I . . Barbara Brancel, Mayor Shorewood City Council City of Shorewood 5755 Country Club Road Shorewood, Minnesota 55331 January 15, 1991 Dear Mayor Brancel and Council: A street light is needed at the corner of Birch Bluff Road and third street for safety and security. This is the low point of the bluff. Because it is low it is exceptionally dark. The area is wooded which blocks out even more light. A light at the top of the hill would be too far away to provide adequate light. This is a semi-rural area but the houses are close together, and Birch Bluff Road is busy with automobile traffic, walkers, runners and bikers. There are several children living in the area. Two children and numerous cats and dogs have already been hit by cars. Birch Bluff has no cross traffic in this area and many cars exceed the speed limit making it more dangerous. Seventeen area residents think the light is necessary and have requested it. All want the light and give safety as the prime reason. A pole exists at this location and NSP says a light will be no problem. We believe a street light at Birch Bluff and Third street is a well justified, prudent investment of tax moneys. Sincerely yours, /72e.,J. ~ (!, rr~f"~ ~ (1 )I~--K Mr. and Mrs. Leo C. Meloche 26120 Birch Bluff Road Shorewood, Minnesota 55331 612-470-1770 . _Pr~~~Ajy~ij W~uJ ...v7J ~../ Ct/}.t.aJ ~ d/;e.- /"~-. ~ - ~ cf/." -r;l/-' ~~,c,-?V t I~r-"vd ~. ~,. I /fv~' ~~ Z- A'-C1-f/- dC7/":.l c:.re;u . {]J--ccu41..~ //vC~~~~'~ C'~ C/v'74./~ rJ' fl' - 7 ~.~ 1::(0-/../ ct-' fidt;b.~ - '_~v ./Jfrt.' ' ,:,0 /1 /,- /-~1--~~ '..' (J. 1'.-()~~1.4! A4'.M1'../1 Ll~ ~ ..~ tl- /k~ at'0?~ ~#-c., 1~:I"tO /ltf ~ A-A-t,UU2-/ - t2te0.-a5 A:~ ~~/n~ Jvf-~;r~ ~~~~d~tt/ /}Yr" 1r.tJa-- tel JuYM ;;2(P /I(} 8.ki-cL lU1I,fJ fl~~. . . ~- -- . . MAYOR Barb Brancel COUNCI L Kristi Stover Bob Gagne Rob DaughertY Daniel Lewis CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236 MEMORANDUM TO: Mayor and City Council FROM: Brad Nielsen DATE: 24 January 1991 RE: Street Light Request - Wood Drive/State Highway 7 FILE NO. 405 (Street Lights) Our office has received a request from Jim and Nita Baskfield asking that a street light be installed at the intersection of Wood Drive and State Highway 7. Their letter, dated 19 December, cites recent striping changes on Highway 7 as creating a potential hazard for westbound traffic turning onto Wood Drive. As you may recall this portion of the highway is scheduled for upgrading within the next five years. The request is considered consistent with current City policy and is similar to one which was recently approved at Shorewood Oaks Drive and Highway 7. Staff agrees that a light in that location is appropriate. It should be noted that the Department of Transportation must approve the light if it is located within their right-of-way. As of this writing it is not known if a power or telephone pole currently exists at this intersection. If one does there should be no problem getting necessary MNDOT approval. If you have any questions relative to this matter, please do not hesitate to contact me prior to Monday evening. cc: Glenn Froberg Joel Dresel Jim Baskfield A Residential Community on Lake Minnetonka's South Shore ~6 ~ u v &t~1L . . .. ~ Snorewood City Council 5755 Country Club Road Shorewood,MN 55331 l.o/;'i/1iJ OI:C 2 n 1990 Dear City Council, I have been meaning to write for a long time and ask you to correct a highway turning situation that is, to me and my family, very dangerous. We live on Wood Drive and after dark, at any time of the year, it is very difficult to see the turn especially when approaching it from the west. I really believe that a street light of some kind would helD us to see it and would heln to W8.t'n traffic that may be behind the turning car that there really is a road. Thus, I am requesting that our city of Shorewood install a light or do something similar to make the turn to Wood Drive from highway 7 west -going east- more visible and safe. I am also very concerned about the extreme danger at the same intersection because of the faulty and unenforced traffi~ control situation. I think you people should look into ill, but I am going to work with the DOT on it. Please advise. Sincer~;r Jim and Nita Baskfield 24355 Wood Drive H' l' ',~",T 55331 ......xce Slor, l,.;~ (?'5: YA~!~k~ ~ VV~ tJ~ ~.I~ ~ ~ ;t;~or;:X~;:Q ~ ~ ~ ~' /--r-' ~~. . MEMORANDUM TO: FROM: DATE: RE: FILE NO.: BACKGROUND . . MAYOR Barb Brancel COUNCI L Kristi Stover Bob Gagne Rob DaughertY Daniel Lewis CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236 Planning Commission, Mayor and City Council Brad Nielsen 10 January 1991 LaBore, Lee - Modification of 1989 C.U.P. 405 (91.02) In 1989 Mr. Lee LaBore, 4445 Enchanted Point, was granted a conditional use permit for accessory buildings in excess of 1000 square feet of floor area (see attached staff report, dated 29 May 1989, copied in yellow). One of his accessory buildings was a pre-existing garage which did not comply with setbacks. This garage was allowed to be remodeled but, as a nonconforming structure was not to be enlarged or structurally altered. In the process of remodeling, the roof was discovered to be beyond repair. At that time Mr. LaBore decided to replace it with a steeper pitch roof to match his new house. He also planned to add a second floor to the garage for a workshop. Mr. LaBore now asks that his original c.u.p. be modified to allow the garage roof to remain as it has been rebuilt. When told that the second floor was not allowed on a detached accessory structure he agreed to eliminate the second story. ANAL YSIS/RECOMMENDA TION Exhibit A shows the plan for the garage as approved in 1989. The dashed lines illustrate how the remodeled garage compares with what was originally approved. Exhibit B contains photographs of the applicant's house, attached garage and the garage in question. A Residential Community on Lake Minnetonka's South Shore g .___",.._...__..,r-.......__,:..."...~...__'"',."._'........~-:..fl~.>...,.,:t. , . . Re: LaBore, Lee Modification to C.D.P. 10 January 1989 Mr. LaBore's error is understandable. Section 1201.03 Subd. 2.d.(4)(d) specifically states: " (d) The architectural character of proposed accessory buildings shall be similar and consistent with other buildings on the site and in the area." In his view, changing the roof line complied more with this provision than leaving the original roof pitch the way it was. It is also worth remembering that the nonconformity of the garage was due to the location of an old 16-foot platted right-of-way which only serves as a driveway to an adjoining lot. The applicant's request is considered to be reasonable and consistent with the 1989 approval. It is therefore recommended that his c. u. p. be revised to allow the change in the roof pitch of the pre-existing garage. BJN:ph cc: Glenn Froberg Lee LaBore - 2 - , . . '~:~:;?1~:E:;;.,~.:~~~~~t'~::~~1~~~~~~' ;~~.:'D::;~f1t~~~~~:'~'??f~~i~~_:JJ;_ir:' _.-- ~-;_~'..,_..,;.:__._' .f_. _ ~_ .~ ':~t~~i~:~;.~{~1~ . . - -' . '-~~.>.-o-~~ <':..:;:-:~"'t-:~-:'; :-~.r:~ ~'Y:~.-~..__;~.' ',~,~"~."~"' ~...... -~-:T-;~~~':: ~... - . --- ~-~.:..-.:':';;.-' "'\ .' '~' - -', J)';'-::~"-:/ly;<'-}V \_:~-~~--;' . . - -~"'.\-- ---~. ,--'. --.~-J .- - - ~-;:~ - --; - - - \_ I l - . . I , . \ - '\ __ 1 ~} Exhibit A PLAN APPROVED IN 1989 '-',,{~:~':-<:h>:::;C;~;~\i-t.;"/...>-;.~:.:,.,:},.; ~~~~~f ~: ;~~; approximate ":;:~?5..~.;:?Z'.'~..~t'.>f~:~:' Z;;~~";E~~ii.~~;~,~~~~~;.~~?~~~~~~!),t-~~1~1' " -'~,- .~ .." ."..,.- . .-........-. - ~1~,:t,~A~J*':; / . " -~ - ''\ '" . '_:4,-<: _'. _ ~ ~;;;'-'. ..._.~ ---'--' ._.,-.".,."!~,-,,,,~:::~,,;" ;"WJ'.......: / / / / / / " /' II!..~" Iii ~-il' --I -I I ~ c I'e;> ll..~ O~. : .~--: ~ :-...., ::""OR. \ t'-vs~{...~~ ~ I I j I '--=L' - j!" '_ ---. I /-, ...) ",":"' .... ". ",,".. ;'.~~':....'-.-_-::. PI. -. I \ I \ \ , i ~ 'I \ \ ". 1 \ ! , ~ I I i ,.' -,' Y \, 1 . 4- -:'\-0 . E-~~t'l "j hOv'1t. ( rf~~ ) ~it.,ti '\j hO\l"~ ~ j6.f1.e..- (+("0,,-1 ) ?~ bjQ.J- bu', \ t!;N\ - fr..e. - e.'ll \ ~ +, (\~ 5o..~~L 5("\v\t To ~ 6-!cr~ d. upo,^ ~ppro"A.' ~~.lJ.~ Exhibit B PHOTOGRAPHS - EXISTING HOUSE. ATTACHED GARAGE AND DETACHED GARAGE . MAYOR Jan Haugen COUNCI L Kristi Stover Robert Gagne Barb Braneel Vem Watten . CITY OF SHOREWOOD 5755 COUNTRY C1..UB ROAD . SHOREWOOO, MINNESOTA 55331 · (612) 474-3236 MEMORANDUM TO: PLANNING COMMISSION, MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 29 MAY 1989 RE: LABORE, LEE - C.U.P. FOR ACCESSORY SPACE IN EXCESS OF 1000 SQ. FT./ SETBACK VARIANCE FILE NO.: 405 (89.14) BACKGROUND Mr. Lee LaBore has requested a conditional use permit, pursuant to Section 1201. 03 Subd. 2. d. (4) of the Shorewood City Code, to construct accessory buildings in excess or 1000 square reet in area, on his property located at 4445 Enchanted Point (see Site Location map - Exhibit A, attached). Mr. LaBore is in the process of replacing an old cabin on the site with a new house and attached garage. He would like to keep and remodel an existing garage located on the north end of the property. Combined, the two garages exceed 1000 square feet in area. As can be seen on Exhibit A, the subject property is bordered on the north by a 16-foot strip of public right-of-way. The existing garage is only 20 feet from this r.o.w. and to remain in its current location requires a variance. The setback from the public r.o.w. is 35 feet in the R-1C zoning district in which the site is located. The site contains approximately 24,050 square feet in area. The footprint of the proposed house is 2349 square feet in area. The existing garage contains 591 square feet and the new garage will contain 576 square feet, totalling 1167 square feet. An existing 16' x 25' boathouse located too close to the lake and to the side lot line will be removed. An old trailer located on the property was burned with the old cabin. A Residential Community on Lake Minnetonka's South Shore . . Re: LaBore. Lee C.U.P./Setback variance 29 May 1989 ANALYSIS/RECOMMENDATION C.U.P. The following is how the applicartt's request cOUlplies with Section 1201.03 Subd. 2.d. (4) of the Code: a. The total area ofac.cessory buildirtgs (1167 square feet) does not exceed the footprint area of the house (2349 square feet) . b. The total area of accessory buildirtgs does not exceed 10% of the minimum lot size for the R-1C district (.10 x 20.000 = 2000 square feet). c. Site grading and drainage are not considered to be issues irt this request sirtce the detached garage has existed for years and the new house will be placed where the old cabin was located. The location of the existing garage will be discussed irt greater detail further on in this report. d. Mr. LaBore proposes to reside and reshingle the existing garage to match the new house. Variance The variance required is considered merely a technicality. The 16-foot strip of r.o.w. is not used as a public street but serves as a driveway for a lot to the east of the subject site. As a practical matter the r.o.w. could be replaced with a private easement. The existing garage is located 75 feet from the actual r.o.w. of Enchanted Point. Based upon the preceding the applicant's proposal is considered consistent with the requirements of Shorewood's City Code. It is therefore recommended that the C.U.P. and variance be granted as requested. No special conditions are suggested. BJN:ph cc: Larry Whittaker Glenn Froberg Jim Norton Lee LaBore - 2 - . ......,. . ......~~.i.. . . l~ .",. 1 , I .. . ..&0 ~~ a \I -;z: A- ~ 'I-- 10 "(""~ ~ ..:, ". ~ :~- 'X @ (... L' :: .. - - .. - I , '~s' ~ ~ A- -> - I , ii' i,' ,f ;j, .i';' ( - ! la ")-- + ~ a.. o 0:: ..,..- ( ~ I.u '- ~ ~ ::t:. (.) :.t I.u .~ ~ . c : '<l ,t!, N ~~; ..... ~~. '-' c' ..... _#I. OOO.l~ 10 ut:' Y;&.SI.u..lltUIII ~. Aj,':; "411' ##.r~; .:wz- -'- t:;:~L;~.lCg2.::~::S ~ Exhibit A SITE LOCATION LaBore - C.U.P. and Variance " -1) " 6 ~ " \. <.: 1 ~ ~ -0<""\ ..s:::. ~ -ll \.. '" ~ ") ""7 Q ..c ~ 'oS ~"') v= ? 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Ii ,II": '[-[' -,~, ',- .L_ .)C-' ---'- I I !-" i:' !I' II .: . I . ", _ . i I ; '.i ' -'j .J1; )' : I I . I ': I I . i I. ' : 11. . ~ '.' ~ f . I, )\..< I ,I ~ .' 'I j. -,. \ , j ". ..;., ';I'~ ;, i I~' t , j ..il j 'i 'ill \., . . -...------.-{ , ,\ . i , L :1 I' " I ..1 1--1 J . -- .......-~r. ~_._..._- _ _____-i. --~.-- rI. ~ J. II , , "%. 0 o I "" I , ~ OJ I - : 1 I' I I ': II I . 'I I I . I . L~...__J~=~'r t-=:-=~ . '. I' I. I Ii' \ Ii 'I, ,. , .1 . .... ,. ..;1 L I I - . J I cO .j- 0-' ..J :tl .:. ILl cJ (j rJ.) l( .J ..... uJ .J J ,.. 1 o e L1- "0 . ." " '<t :>. l~ I () .n Exhibit D EXISTING GARAGE - ELEVATION Proposed remodeling shown MEMORANDUM TO: FROM: DATE: RE: FILE NO.: ...... .. MAYOR Barb Brancel COUNCI L Kristi Stover Bob Gagne Rob Daugherty Daniel Lewis CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236 Planning Commission, Mayor and City Council Brad Nielsen 11 January 1991 Erickson, Greg - Zoning Amendment: Building Height 405 (90.27) At the 4 December Planning Commission meeting a consensus of Commission members agreed that some modification of the City's regulations pertaining to structure height may be in order. Based on a request by Mr. Greg Erickson (see staff report, dated 29 November 1990), it was felt that some accommodation should be made for the architecture of larger homes, particularly those on large lots. The Planning Commission directed staff to prepare a proposed amendment which would change the way the current Zoning Ordinance measures building height to be consistent with the way it is measured in the State Building Code. While this type of standardization is generally recommended, problems have since been identified with changing the method of measurement. 1. In the initial discussion it was thought that the current height limitation should be lowered (e.g. 30 feet instead of 35) in conjunction with the change in measurement. What was not discussed is the other height requirements in the Ordinance. Since every zoning district has its individual height requirement, the Code would have to be amended in 15 places to address the change. 2. Detached accessory structures are now limited to 15 feet in height. Changing the method of measurement could allow them to reach as high as 25 feet. A Residential Community on Lake Minnetonka's South Shore q II .- . . . -DRAFT- ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 1201 OF THE SHOREWOOD CITY CODE RELATING TO ZONING REGULATIONS THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS: Section 1. City Code Section 1201.03 Subd. 4.c. is hereby amended to add: "(3) Allowable height increases. Principal structures in the R-1A and R-1B zoning districts, or in planned unit developments in which the minimum lot size is thirty thousand (30,000) square feet, may exceed the height limitations established in those districts, provided all of the following conditions have been met: (a) The lot on which the structure is located is thirty thousand (30,000) square feet in area or larger; and (b) The lot must be at least one hundred (100) feet wide at the building line; and (c) The structure must comply with all required setbacks for the zoning district in which it is located; and (d) Buildings may be increased one foot (1') in height for each three feet (3') of additional side yard setback per side; and (e) Buildings on lakeshore lots may be increased one foot (1') in height for each five feet (5') of additionallakeshore setback, plus three feet (3') of side yard setback per side." Section 2. This Ordinance shall be in force and effect from and after its passage and publication. ADOPTED BY THE CITY COUNCIL of the City of Shorewood, Minnesota, this _ day of , 1991. Barbara Brancel, Mayor Attest: Bradley J. Nielsen, Acting City Administrator . . MAYOR Jan Haugen COUNCil Kristi Stover Robert Gagne Barb Brancel Vern Wanen CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD. MINNESOTA 55331 · (612) 474-3236 MEMORANDUM TO: Planning Commission, Mayor and City Council FROM: Brad Nielsen DATE: 29 November 1990 RE: Erickson, Greg - C.U.P. for Accessory Space in Excess of 1200 Square Feet/Proposed Text Amendment Revising Definition of Building Height FILE NO.: 405 (90.27) BACKGROUND Mr. Greg Erickson proposes to demolish his existing residence, located at 5290 Howard's Point Road (see Site Location map - Exhibit A, attached), and build a new home on the property. Upon review of his building plans it was found that the amount of garage space proposed requires a conditional use permit pursuant to Section 1201.03 Subd. 2.d.(4) of the Shorewood City Code. In addition the proposed height of the structure exceeds the 35 foot limitation imposed by the Code. Realizing that the unusual height of the structure has solely to do with aesthetics, the applicant requests that the Zoning Ordinance provisions relative to building height be amended. He cites a discrepancy between the Zoning Ordinance and the State Building Code as to how height is measured. The property in question contains approximately 78,610 square feet of area and is zoned R-IA, Single-Family Residential. The proposed garage consists of two levels with 932 square feet of area per floor. The new house contains 7350 square feet of area, distributed over three levels. Exhibit B shows the proposed site plan for the new home. A Residential Community on Lake Minnetonka's South Shore . . Re: Erickson, Greg C. U.P .IZoning Ord. Amendment 29 November 1990 Exhibit C illustrates the rear (lake side) elevation of the proposed home. The measurement of the current height requirement is marked on the drawing of the side elevation (Exhibit D) for reference. According to the applicant's architect, the increased . height is necessary to accommodate the taller than average ceilings on homes in this price bracket and roofs with relatively steep pitches. ISSUES AND ANALYSYS A. Conditional Use Permit. This part of the applicant's request is relatively simple. Section 1201.03 Subd. 2.d.(4) contains four specific criteria for reviewing accessory space in excess of 1200 square feet. Following is how the applicant's request complies with our Code: -z;- 1. The total area of accessory space (1864 square feet) does not exceed the floor area of the stories above grade (4660 square feet - first and second floor). 2. The area of accessory space does not exceed 10% of the minimum lot size for the R-1A distirct (10% x 40,000 = 4000 square feet). 3. The proposed house sits in approximately the same location as the existing one. Even with the new swimming pool, the house greatly exceeds setback requirements: front: side: rear (lake): required 50' total 30' - 10' min. 50' proposed 70' total 130'- 44' min. 92' 4. Since the garages are designed as part of the home, they are obviously compatible with the proposed architecture of the house. It should be noted that only three garage doors are seen as viewed from the lake or street. B. Zoning Text Amendment. This issue is considerably more complicated than the C.U.P. It must be remembered that the proposed change impacts all residential property, not just the applicant's. As mentioned a variance is not appropriatein this case because it is based solely on aesthetics. By the architect's own admission, measures could be taken to comply with the current requirement (e.g. a shallower roof pitch). Consequently, if the City is to allow the proposed height, amending the ordinance is the appropriate way to do it. - 2 - . . Re: Erickson, Greg C.U.P.lZoning Ord. Amendment 29 November 1990 The applicant's request is fairly simple. He asks that the method for measuring building height in the Zoning Ordinance be amended to be consistent with the method set forth in the State Building Code. The two methods are described on Exhibit E. In brief summary a 35 foot high building measured by the S.B.C. method would sit as much as 10 feet higher than a 35 foot building measured by the method in our Zoning Code. The difference is illustrated on Exhibit D. As with any proposed text amendment, the fIrst thing we look at is what other communities do. The Lake Minnetonka Conservation District, as part of its long- term management plan for Lake Minnetonka, surveyed fourteen Lake Minnetonka communities relative to their height requirements for residential property. Following is the result of the survey: June 6, 1989 TABLE 3 Minimum Setbacks and Building Heights Organization Setback Height DNR 50' 25' Deephaven 100' 30' Excelsior 75' 35' Greenwood 50' 35' Minnetonka 50' 35' Minnetonka Beach 75' 40' Minnetrista 50' 35' Mound 50' 45' Orono 75' 30' Shorewood 50' 35' Spring Park 50' 40' Tonka Bay 50' 36' Victoria 100' 35' Wayzata 75' 40' Woodland 50' 35' (CU) (CU) Note: CU = Taller structures are allowed with a conditional use permit or under a PUD and/or in another zoning district. - 3 - . . Re: Erickson, Greg C.U.P.lZoning Ord. Amendment 29 November 1990 The study cautions about comparing these numbers, however, because the cities use three different methods to measure height. As a result of their study, the LMCD has included in their proposed shoreland management chapter that the S.B.C. method of measurement be used, and that the limit be 35 feet. The LMCD plan is subject to review and approval by the Minnesota Department of Natural Resources. Their shoreland regulations also use the S.B.C. method of . height measurement, but they limit the height to 25 feet. In discussing this matter with Ed Fick, DNR, it appears likely that the DNR will approve the LMCD's proposed height requirement. While changing the current ordinance would standardize Shorewood's requirements with the rest of the lake, it must be understood that higher buildings will be allowed. For example using the S.B.C. method a walkout style of building could be 35 feet high as viewed from the street and 40 feet or more as viewed from the rear. In reviewing the LMCD survey it is interesting to note that some of the communities which allow the higher buildings also require greater lakeshore setbacks. Deephaven for example allows a 35 foot building but requires a 100 foot setback, where we require 50 feet. It is reasonable to assume that some of those communities require larger lot sizes as well. This suggests that perhaps building height should bear some relationship to setbacks. There are zoning regulations which set forth a maximum height and then allow incremental increases with increases in setback. This is considered to be a performance standard approach. For example, the City could keep its current height requirements but provide for a one foot increase in allowable height for every five feet of extra side yard setback. This could be listed as a specific requirement handled administratively, or it could be done as a conditional use permit. It is also possible, maybe preferable to limit such a provision to the R-1A and R-1B zoning districts. This approach would reduce the potential for very large and tall buildings to be located in close proximity on small or even average size lots. RECOMMENDATION While this office is not compelled to change the zoning ordinance simply to allow larger buildings, there may be some merit to the applicant's request. To some degree Shorewood's large lot requirements tend to encourage large, expensive homes. - 4 - . . Re: Erickson, Greg C.U.P.lZoning Ord. Amendment 29 November 1990 If the Planning Commission feels that some consideration should be given for large lots and increased setback areas, it is recommended that the performance standard approach be explored further. BJN:ph cc: Larry Whittaker Glenn Froberg Jim Norton Greg Erickson Richard Groh - 5 - / ~/ If / -r- I . . , (I) . 1Jof1- ~ , 1": 7J){) ~~ r- ~~ --. / /--" .. \ " --- I : .~C - C .- - t-"''':''';':';'~, .~;~. , .... - .. ................-..... T............ ;""\---\.a..-..rr.'.... --------------, (2l_;~~:': . J::"_'" I / '. '_-- ., J--": " L.. r""-i-; , ~ .... ....... ( I) : -' >' -'(3) .... :'. ........ ......... :474.54 . ....:r .... ........ Z36. 54 " 1~_----- r::;J ;;. /. !' _-----:. --/.. ,-~ -- -- ...., ::.::~_-..:? r- (5) 3 ~._ on 2 '-' (4) 412.5 ._~'i:/? I:'.~ L6.. k ~\V\V\e.+~",k~ = (I) 748.81 RES Exhibit A SITE LOCATION Erickson - C.U.P. and Text Amendment ~~........, . ~ ~ ~ ~~ ~/~.'.i j ~ L 'j'. 8 N , " , - ~ ~ f ~l ","' '. .;:'.. I rt v 'I -01\ '" .I I ~ .. t .3. ~ '" ~~: "-2~ \ " ~K':~-:;\' V/ \ ~\ ~\ \ \ // ; __ --O~\ --~',' .v / ~ 0~ ) I "" "\ )" 1/ '\ \ \ ' . Cl / " 0 \ I \" /\ .,.,/' , -/ --- -\- \. o --- - ----...... -.......... \ \ .,., ..- .,., ./ ./ /' ./ /' ..- / /' ./ /' / ./ / / /' /' / / , /' / / / / \1') .,.,- 0/' // /' /' .({ / / ; ../ / ,./ / /' ,..- .--.- ./ '- ....... -- -............ /' / -.......... ffJ -\ .-- - -....... ------L- - .-- ~\- -: -.-- ' ,_ ,-- --- o~ ~ - ~-- .""...- .,--- -.:-..-."". -;".. "'.----- .--..... --:;.... .... #.,.... ...;;; ..... ,.....- _--0 --,... '" ,,'" ,/' ,,/' . ..,~ ..;: ::::;-.... ./ // --- .--' -:;r /" . /'" /" --".--- ~", ~ ./ //' /' Y ~.~ ",.fl'" ~" / ~ - . ../' # ............ ~....- .............. ."..............~1't ___ ,,/'1,..._..., .__.-- ..;;~.,.r , _ __'~.......... .",-.-:1.\) '\(;2;::" -,' ---- -- ../' ~ .J ~ -l < ~ (' +- ~ ~ ~ ~ /"\\ ~ <!' t. k ~ r 3i Exhibit B PROPOSED SITE PLAN 1" /' " -0 . . .11 ~..t :dgi\~ ;:n~.{:::i( ~ - ".,;. :.,\ ",~~~~f ,(':~~~~~!.~ ~~~}:::1~~1 .--- /. :..' 'P';;,..:2:' . .' . ..~./;.,;;tjfl}1'''''' ~~i:.ifr;l~ , ~ ;....~.'t:;./:;.. ~..:>:!:.;;l;dt ,:;'~.~':~~~ i.t. .t'-.1~~~~; ,(;J. . .";g~~~".i..:~,"~:"""~ ,..:d:P' -;:!:e~ -.... . -,;;J~~~;fr:~~;t ""'0)%. .,;..~. ,.'. I. ~jt . ;:;.:~;;;;.:j;~f.~~~'~i;;;~{ :Y~rp c;!.'; '9~if;...... ;,;1:'..-~ ......-;. "'. . .&., : I :-;.....-.~~~,~. .~,,' ,.,..,..............,...-"'j".-.. ..- ,~-:-~::...x~~~" .......-: ..:>.~...:- :--' ."// ,;..:::./......"'~y.. ...........;.,,~ :./.-tf"'.::..... ,'~.~ '. '/J "'~~":;~?'''';~;'':::i.:::~~~'~.:::' ~..~::;;.. ~~:;:>.:.;> ~""'i""/"':%';'0;<"-, .^ >~-'~!:. / --,-$~i%}~J~;~J~~~> - - ~~ -'.....,.. ,.('.. . .................J. / "~...,~ . .;. J ~. ~~ : . "'... . ~." <'..:-}),.:J: ..__0. ..... ~+~~~~?/ -_.~...;~~.~.~ .._:-..: ',. , -. '" . ~'. . ..', :"'.- - '. ~". ::f~f '1 .:~CK' "'-.= :f,..' ~ ~~~.~~.. i ;.~:S'2 . ::;...;. ... .. . , . ~ - ." ,......... ~ 11111 ! Exhibit C BUILDING ELEV A TION - REAR "'..,.....,.: . ~ {-~ I ~ I I I :i":" I ,'} I ~. ~ ...\ \() C'I') /..' .LJ~ ,,/' I! \,--, r :~'-"' II! 11 "! ! I '=~'~ .."......'---- -.-. + ~'C~d ~ -,.-1 u.. r j.,. I, ~ ') .s6' I '.. .-, ..,\. i ~ '. ~ . :=---:..."1 L~~ - - , ( ./ .?<;{.~: } ! i , '; I . ? 'Cii IS', .J, I . i \ , I . .t ,\ . i ".\_ ," " . _ ..l', 1~ I I -:~- -----=-.... ./ Jr ~'-~-'i--y I' ' I , II ) _I I I I I ; I : ~.........-.--./.--. '---'-~ . I I I I I I ! ! i I I I I }-{-i " i -J. I ;' I ',. ! t I I J " ! i . ; . _1 ; ~. ~- -.... j ~-~. . 1 . .../ 'I :! . ; i :---- -~---- j v...;;!r-----l I i .. +, - .. .. c:, ..' ~ ('t) " ) ..i ---~I IJ' I I , " " " ", ":---, , ',~lr- . 'I, :::-:- 1& i , t-. ".n '" -. r ?l,O O.A ?~f'''~ )-0 ..\- '\ ~?4 f ~ O..lJ ~ ,~ \n '-4Y'I ~'-'~ ~ ,..~'W ~ PQOl"''\';) 0'"'7 . I ! ! I i I II -U ~ ~ 4- ') l} ~, - ~ -; Exhibit D BUILDING ELEVATION - SIDE ... . . Zoning Ordinance Method: BUILDING HEIGHT: A distance to be measured from the average land grade to the top of a flat roof, to the mean distance (between eaves and peak) of the highest gable on a pitched or hip roof, to the roof deck line of a mansard roof, to the uppermost point on all other roof types. GRADE (AVERAGE LAND GRADE): The lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the structure and the property line, or when the property line is more than five feet (5') from the building, between the building and a line five feet (5') from the building. S.B.C. Method: HEIGHT OF BUILDING is the vertical distance above a reference d:ltum measured to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the average height of the highest gable of a pitched or hipped roof. The reference datum shall be selected by either of the following. whichever yields a greater height of building: 1. The elevation of the highest adjoining sidewalk or ground surface within a 5-foot horizontal distance of the exterior wall of the building when such sidewalk or ground surface is not more than 10 feet above lowest grade. 2. An elevation 10 feet higher than the lowest grade when the sidewalk or ground surface described in Item 1 above is m~re than 10 feet above lowest grade. The height of a stepped or terraced building is the maximum height of any segment of the building. Exhibit E BUILDING HEIGHT MEASUREMENT Zoning method and S.B.C. method MEMORANDUM TO: FROM: DATE: RE: FILE NO. . . MAYOR Barb Brancel COUNCI L Kristi Stover Bob Gagne Rob DaughertY Daniel Lewis CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236 Mayor and City Council Brad Nielsen 22 January 1991 Mail Box Replacement Policy 405 (Admin) There are certain policies which have been adopted over the years which, for one reason or another, have not been formally documented. One of these is the current policy for the replacement of mail boxes which are damaged during snowplowing operations. Modeled after the Hennepin County Public Works Department policy, our current policy states: "Each complaint of snow plow damage to a mail box structure is investigated. Where reasonable evidence indicates there was physical contact between the snow plowing unit and the mail box, the structure is repaired or replaced as need indicates. \V'hen replacement is necessary, the City will provide only a standard metal mail box and wooden post. If, in the opinion of the Public Works Director, it appears that the structure was damaged by flying or pushed snow, the owner is so advised and informed that the City will assume no responsibility for repairs. " Staff suggests that policies such as this be adopted in the form of resolutions, for occasions when questions arise from affected residents. Formal adoption will also facilitate consistent enforcement. It is therefore recommended that the City Council approve a resolution containing the aforementioned policy. cc: Glenn Froberg Don Zdrazil 10 A Residential Community on Lake Minnetonka's South Shore CHECK NO. $ 273.14 772.39 321.46 477 . 20 4,282.00 381. 14 114.00 32.30 999.16 1,250.49 457.60 3,467.02 13,315.70 860.95 79.50 1,369.60 7,746.64 171.70 1,428.00 303.25 2,093.40 1,560.16 2,115 .00 20.00 CHECK APPROV'T, LISTING FOR JANUARY 28, 1991 CQDNCIL MEETING [(l"4 '- TO WHOM ISSUED PURPOSE AMOUNT CHECKS ISSUED SINCE JANUARY 11, 1991 t t E 6 6 6 6 6: 6J 51 )I il 11 L I: 1~ 6036 (G) 6037 (G) 6038 (G) 6039 (G) 6040 (G) 6041 (G) 6042 (G) 6043 (G) 6044 (L) 6045 (L) 6046 (L) 6047 (L) 6048 (L) 6049 (L) 6050 (L) 6051 (L) 6052 (L) 6053 (L) 6054 (L) 6055 (L) 6056 (L) 6057 (L) 6058 (L) 6059 (L) 6060 6061 (G) 6062 (G) 6063 (G) 6064 (G) 6065 (G) 6066 (G) 6067 (G) 6068 (G) 6069 (G) 6070 (G) 6071 (G) 6072 (G) 6073 (G) 6074 (G) 6075 (G) 6076 (L) 6077 (L) 6078 (G) 6079 (G) US POSTMASTER POSTAGE FOR UTILITY BILLING OTTO ASSOCIATES SURVEYING FOR HARDING ACRES 2 & 3 GROUP HEALTH, INC. EMPLOYEE HEALTH INSURANCE FOR 1/91 MEDCENTERS HEALTH EMPLOYEE HEALTH INSURANCE FOR 1/91 PHYSICIANS HEALTH PLAN EMPLOYEE HEALTH INSURANCE FOR 1/91 LEAGUE OF MN CITIES EMPLOYEE DENTAL INSURANCE FOR 1/91 MN MUTUAL LIFE EMPLOYEE ACCIDENT/SICKNESS FOR 1/91 COMMERCIAL LIFE INS. CO. EMPLOYEE LIFE INSURANCE FOR 1/91 BELLBOY CORPORATION LIQUOR PURCHASES BOYD HOUSER CANDY/TOBACCO MISC. PURCHASES AND SUPPLIES MIDWEST COCA-COLA BOTTLING MISC. PURCHASES DAY DISTRIBUTING COMPANY BEER AND MISC. PURCHASES EAST SIDE BEVERAGE CO. BEER AND MISC. PURCHASES GORGGS,COOPER AND CO. LIQUOR AND WINE PURCHASES HONEYWELL PROTECTION SECURITY SYSTEM MONITORING CHARGE JOHNSON BROTHERS LIQUOR LIQUOR AND WINE PURCHASES MARK VII DISTRIBUTORS BEER AND MISC. PURCHASES MN BAR SUPPLY, INC. MISC. PURCHASES AND SUPPLIES HARRY NIEMELA JAN RENT FOR STORE I PEPSI-COLA COMPANY MISC. PURCHASES POGREBA DISTRIBUTING, INC. BEER AND MISC. PURCHASES ED PHILLIPS AND SONS LIQUOR AND WINE PURCHASES RYAN PROPERTIES, INC. JAN RENT FOR STORE II WASTE MANAGEMENT-SAVAGE UTILITIES VOID-ON LAST LIST AS #5902 BRADLEY NIELSEN JAMES AND SUSAN FINSTUEN MN POLLUTION CONTROL DUSTCOATING, INC. CHILD SUPPORT ENFORCEMENT HENN CTY SUPPORT/COLLEC. CITY COUNTY CREDIT UNION ECMA RETIREMENT TRUST JOSEPH PAZANDAK COMMISSIONER OF REVENUE STATE BANK OF NEW GERMANY PERA PERA PERA COMMUNICATIONS WORLD ARMSTRONG LOCK COMMISSIONER OF REVENUE MN DEPARTMENT OF REVENUE LEAGUE OF MN CITIES SECTION 125 DEPENDENT CARE REIMBURSE. RECYCLING AWARD LICENSE RENEWAL-D. RANDALL RETURN OF ESCROW FOR 5667 EUREKA RD. PAYROLL DEDUCTIONS PAYROLL DEDUCTIONS PAYROLL DEDUCTIONS PAYROLL DEDUCTIONS SECTION 125 HEALTH CARE REIMBURSEMENT PAYROLL DEDUCTIONS - STATE TAX PAYROLL DEDUCTIONS-FED, FICA, MED. PAYROLL DEDUCTIONS PAYROLL DEDUCTIONS PERA LIFE INSURANCE FOR JAN-FEB PHONE MAINTENANCE CONTRACT REPAIR LOCK ON DOOR-LIQUOR STORE II DECEMBER SALES TAX FUEL TAX FOR DECEMBER 1990 REG-D. LEWIS-CONF/NEWLY ELECTED OFFIC. TOTAL GENERAL TOTAL LIQUOR TOTAL CHECKS ISSUED -1- -....- _...~~=-~ 140.00 75.00 20.00 2,000.00 165.00 187.65 60.00 380.00 68.50 819.76 5,054.14 1,758.39 15.00 72.00 280.00 52.00 13,551.50 60.68 60.00 17,869.75 50,841.67 68,711.42 /1 CITY OF SHOREWOOD PARK COMMISSION MEETING TUESDAY, JANUARY 22, 1991 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. CALL TO ORDER M I NUT E S Acting Chairman wilson called the meeting to order at 7:03 p.m. ROLL CALL Present: Acting Chairman Wilson; commissioners Lindstrom, Vogel, Christensen, Dzurak, and Laberee; Administrative Assistant Niccum; Council Liaison Lewis and Park Planner Koegler Absent: Chairman Andrus (traveling) APPROVAL OF MINUTES Laberee moved, Dzurak seconded, to approve the minutes of Tuesday, January 8, 1991, as written. Motion carried -6/0. SNOWMOBILES Acting Chairman wilson explained to those present that the Park Commission had already acted on this issue in November and sent their recommendation to the City Council. He said the Commission would listen to concerns, and asked the speakers to limit their time. Letters were received from Bob Belbeck, 25650 Smithtown Road, and Bill Kullberg, President of the state Snowmobile Assn. These were read by the Commissioners, and discussed. The following were present: Bob Belbeck Jerry Barthel John Arnst Joan Lang Mike Ellis Peggy Zimmerman Kent Adams Bill Kullberg Jim Schultz Bill Keeler Mike Herman Doug Swanson 25650 smithtown Road 10 Bay Street (Tonka Bay) 5480 Teal Circle 5490 Wedgewood Drive 6135 Cathcart Drive 25650 smithtown Road 25170 Glen Road 5465 Timber Lane 27420 pine Bend 5645 Eureka Road Chanhassen Resident Resident Resident Pres. Shwd. Club Resident Resident Pres. State Assn. Resident Resident Resident Pres. S. W. Trails SNOWMOBILES SUMMARY PARK MEETING TUESDAY, JANUARY 22, 1991 KEY PROBLEMS 1. Enforcement a. speed b. property damage c. attitude 2. Signage a. need more identification 3. Ordinance a. have Attorney review and simplify if possible b. add something to allow police to enter park and corridor and enforce. SUGGESTIONS 1. Have Snowmobilers work with police a. ask cooperation from SLMPSD b. see if DNR will help 2. Have Snowmobilers see where signage is needed, map it, and install it 3. Have snowmobilers and other residents, complainants, etc. meet and work out enforcement plan 4. Poll residents (sewer bills?) SHOREWOOD PARK COMMISSION MINUTES TUESDAY, JANUARY 22, 1991-page two commissioner Lindstrom presented a message from a representative of American Legion Post #259, who asked that it be recorded in the minutes. The Post donated $5,000 to the City of victoria so they could put limestone on the Railroad Corridor to extend the "Hiking and Biking Trail". The Legion wished to do this for the residents of the area to provide more trail for hiking, biking, and snowmobiling. They ask that the trail remain open to snowmobiles. They state that the money they make from the snowmobiler's business enables them to make larger donations to surrounding cities. Barthel, Tonka Bay Resident, attended the meeting because he lives right next to the lake entrance used by the snowmobilers as they come off the railroad corridor. He said they are dangerous - if he asks them to slow down - they just give him the "high sign" and continue on. The police can't catch them. Belbeck said he is not against snowmobiles, but stricter rules are needed. Snowmobile riders appear to be overcome by power, the rules should be stricter-confiscate their machines-give them alcoholic breath tests-get tougher. He referred to new people in the neighborhood, and how snowmobiles rode on their property and destroyed all their new plantings. He said it would be nice to be able to walk on the trail. He also metioned that 3\4 of the flags over the water lines in Freeman Park have been knocked down and wondered who would have to pay for replacing them. Arnst said he lives within 300' of the trail. Snowmobiles don't slow down when they pass people walking on the trail. A lot of property damage is taking place. Snowmobilers abuse their privileges, and create a concern for personal safety. Joan Lang said that she has seen 20-25 vehicles corne through after 10:00PM, closer to midnight. She said she sat right in the middle of the railroad corridor in her car, so they couldn't get through, and told them they were breaking the Ordinance. Some would tell her "where to go" or "what to do", and go around her. She said she can't sleep after 10:00PM. She said someone is going to get hurt. She said you can't cross country ski on the trail because the snowmobiles tear it up. When she calls the police they just say "sorry lady". She accused the Park Commission of "having the audacity to corne up with a referendum so they can put in more trails for snowmobiles" and said they are responsible for ruining everything. Ellis, President of Shorewood Snowmobile Club, said they groom and maintain the trails. He said the police do not have the proper equipment to enforce the law. He said last weekend they worked with the police, stopping everyone corning into Shorewood and leaving Shorewood. Part of the problem is that there are not enough signs. Also, kids get hold of a family snowmobile and don't pay any attention to signs or rules. SHOREWOOD PARK COMMISSION MINUTES TUESDAY, JANUARY 22, 1991-page three Lang said the trail doesn't need to be groomed. She said most walkers carry garbage cans and they are the ones that clean up the trail. Ellis explained to Lang what grooming the trail means. He said, however, that the Shorewood Snowmobile Club also cleaned the trail up last fall - they hauled out two truckloads of debris. zimmerman asked how you catch the snowmobilers that are breaking the law? She also asked what authority the Snowmobile Club has. Ellis said, on their own, they do not have any authority. they are trying to do is work with SLMPSD to set up a operation". What "sting zimmerman said many snowmobiles don't even have numbers on them, and if you do try to stop them, you'll get run over. Ellis said the City of Brooklyn Park has a "Snow Patrol" that gives out warnings, then gives out tickets. He said many of the people that use the trail do not know where Shorewood begins and ends. He said SLMPSD is limited in what they can do. He told those present that the snowmobilers in the Shorewood Snowmobile Club are also taxpayers. Belbeck said he had seen a snowmobile fly across in front of two cars, who were forced to slam on their brakes. Adams said safety is his biggest concern. He said he has been patient for two years, and hasn't seen any change. Snowmobilers start on the trail at 5:30am and run until 2:00am. He said on weekends they run 50/60 m.p.h. commissioner Christensen said the Commission had discussed the possibility of closing the trail to all but snowmobilers for 2/3 months in the winter. Some people objected to this. Christensen pointed out that, up until about 1 1/2 years ago the trail was not usable for walking and biking, now the walkers and bikers would still have it 9 months out of the year. He said he has lived here for 23 years, and the snowmobiles have used the corridor as an official trail for that period of time. The question came up about animals and small children on the trail. Christensen said he had raised his children on the lake, and they had to be watched so they were safe. Kullberg, State Snowmobile President, and a member of the Shorewood Snowmobile Club, said the Associations are willing to work in other areas, as well as the trail. He said until more signs are put up, citations cannot be enforced. He said it is illegal...according to the Ordinance... for the police to go into the park to issue a citation. SHOREWOOD PARK COMMISSION MINUTES TUESDAY, JANUARY 22, 1991-page four A resident asked. . .. if the Ordinance is not enforceable as written, shouldn't the Ordinance be rewritten so it is enforceable? Kullberg said speed traps have been used once or twice already. The Southwest Trail Association did decibal tests two years ago. One test they did was to put a decibal meter in Lloyd Bache's bedroom. . it did not register snowmobiles going by on the trail. He pointed out that Joan Lang lives approximately 1 block away from the trail, and questions that the noise is that loud in this particular instance. Kullberg said they patroled Friday. One person was stopped in the vicinity of Church Road and Cathcart Drive. They also talked to the snowmobilers at the Tonka Bay Inn, who complied when they left the Inn. He said motorcycles are not allowed on the trail due to a State law. He said a snowmobile has a centrifugal clutch, which doesn't kick in until it is going close to 10 m.p.h., so it would be difficult to have a 10 m.p.h. speed limit. He explained that the Snowmobilers do have a dedicated fund. He also mentioned the joint effort being put out by groups that have been asked to work together to get funding for multiuse trails. He said the Luce Line allows horses, snowmobilers, and skiers. Schultz said he lives between the lake and the trail, so he gets boat noise in the summer and trail noise in the winter. He said the Luce Line has a double trail system - that snowmobiles and horses are separate from the other uses. Schultz suggested that a poll be taken among SHOREWOOD RESIDENTS to see how they use, or would use the trail for walking...skiing...biking...snowmobiling. Keeler said dual trails would be fine, but without them the City should seriously consider banning snowmobiles. Herman said he has filed several complaints that do not show up on the police report. He said a policeman sat in his driveway last weekend and picked up a snowmobile on radar that was going 56 m.p.h. on the trail. He said the speed is too fast. It's a heavy residential area with children. He said the police told him there is no money in the budget to handle this problem. SHOREWOOD PARK COMMISSION MINUTES TUESDAY, JANUARY 22, 1991-page five commissioner's comments commission as a whole.....the commission has spend many hours on this issue. They have made a great effort to express safety. Wilson - wants to give everyone a fair chance. Personally has a problem with horses due to an experience with a horse on the trail when biking with his 6 year old. He is interested in the number of walkers vs. number of snowmobilers that use the trail. Laberee the Commission has tried very hard to please all residents. There are definite problems - not enough control - tickets and fines would help control. His office is right on the trail...........he said it is heavily used by both snowmobilers and walkers between 8:00am - 5:00 pm. He feels the majority are young people. He feels it is not fair to make the Council make this decision...that it should go to the voters of the city. Adams asked how many trail users are actually Shorewood residents? Voqel - If the Ordinance is not enforced..what is wrong with the Ordinance? SLMPSD has 4 officers on duty on weekends, they will let two of them work with the Snowmobile Associations. Schultz said the uses are incompatible..go out after a fresh snow. Poll the users...where are they from? What do they use the trail for? He said it had been mentioned that snowmobilers park their trailers in Excelsior and at the Tonka Bay Inn, and then go out on the trail. Niccum mentioned that Planner Nielsen had also mentioned polling the population. Laberee asked if they could do the polling on the sewer bills, then they would be sure who the answers came from, and the answers could be tallied when the bills come in. Mrs. Vogel asked if only Shorewood residents could be licensed in Shorewood, with different colored stickers, and the money used for trail upkeep. She does not feel snowmobiles are compatible with people. Lindstrom said all recreation should be available. Lewis said enforcement should be at the forefront. Something will happen if the laws are not enforced. If they are not going to be enforced, then they should be banned. SHOREWOOD PARK COMMISSION MINUTES TUESDAY, JANUARY 22, 1991-paqe six Ellis asked the people at the meeting to form a small coalition to go along with the volunteer snow patrol, and see what they do. Kullberg said the police are willing to work with the volunteers. Christensen said it was a good idea and went along with the suggestion that all the groups get together and work together and discuss the problems and how to handle them. Belbeck said he thought several people would be willing to donate time. wilson said he would be willing to close the trail to all but snowmobilers for 2 months. Lewis said he saw 3 problems: property damage, excessive speed, and discourteousness. Proper enforcement would solve all these problems. Keeler said this problem has existed since 1972. He said if the police would spend less time picking up people on state Highway 7 and County Road 19, which is the state patrol's job, not theirs, they would have more time for problems like this. Voqel said the City should allow more signs, and work with the snowmobile associations. Laberee said an article should be put in the paper, and a poll should be done on the next utility billing. MASTER PLANS Park Planner Koegler presented the Commission with the revised master plans. SLIDING HILL Niccum had enclosed an article on sliding hills. wilson asked Koegler about the legal aspects. Koegler will review the information and let the Commission know. SHOREWOOD PARK COMMISSION MINUTES TUESDAY, JANUARY 22, 1991 - page seven The Commission also discussed the possibility of a sliding hill by the S.E. Area water tower. They asked Niccum to write a letter to the Highway Department asking 1) why no parking is allowed in the lot, and 2) if sliding would be allowed into their public area. They also asked Niccum to check with Planner Nielsen to see what his opinion is. They would like to use the S.E. Area map at the next meeting. INSURANCE The Park Commission would like to know how much insurance coverage the City has to cover things like an accident on the "Hiking and Biking Trail", or a sliding hill. MASTER PLANS....CONTINUED Koegler said he wanted to make it clear to the Commission that these master plans are concept plans, and not to scale, so they should not be used per scale. Badqer Park Trail The Commission asked if this would require bridges. Koegler said yes, two. Freeman Park - Parkinq Laberee asked Koegler if a review had been done on the parking yet to see if there was adequate parking if both softball and soccer were going on at the same time. Koegler said this will be done. TONKA MEN'S CLUB FIELD - FREEMAN PARK Koegler explained about the fence posts being stolen at the park. He said he had seen the contractor putting them in, so they were there. The posts are now in again, and the majority of the fencing is up--the rest has temporary orange fencing to protect the field until the regular fencing can be finished. Koegler said their contractor has done a good job. *Contractors working in Freeman Park have had many problems with vandalism.......equipment damage, broken windows, theft........... SHOREWOOD PARK COMMISSION MINUTES TUESDAY, JANUARY 22, 1991-page eight PARK REFERENDUM Park Planner Koegler presented the Commission with a referendum schedule (see attached). He said Council direction had been to proceed with neighborhood meetings, see what the results are, and then a decision will be made whether or not to continue with the referendum at this time. The Commission discussed the schedule and what has to be done, The Islands, Crescent Beach, the "Hiking and Biking Trail", Christmas Lake Access, and additional future park property were also discussed. The Council is invited to attend any...or all...meetings. MATTERS FROM THE FLOOR Dzurak reported on snowmobile damage in the parks. He said two of the ballfield gates at Freeman Park are unlocked and open. Snowmobiles are cutting through Cathcart Park under the swing sets. This used to be a trail. Kullberg talked about posting signs around this area. ShadY Hills Park Niccum reported that she had talked to Planner Nielsen regarding the Park. The present drainage work does not affect the Park. Regarding dividing the park into two buildable lots..Nielsen said there is a lot of wetland area, the topography is bad, it would be difficult to run in sewer, and difficult to make into two lots. He was skeptical about the possibility of division. Sprinq Tour The Commission was reminded to look at soccer and football fields during the tour. ADJOURNMENT Lindstrom moved, Wilson seconded, to Tuesday, January 22, 1991, at 11:00pm. adjourn the meeting of Motion carried - 6/0. RESPECTFULLY SUBMITTED Susan A. Niccum Park Administrative Assistant . '"'C:I ... o 3 o - cS" ::s ~ m g: ::1 ~ CD - l>> 5" m (i" (") - 0" ::s .... = Q. O'Q CD '" t:l:l o ::s Q. Q = ::s '" ~ > 't:l 't:l ... ~ ~ o - t:l:l ~ 0' - o = CD '" - 0" ::s '"'C:I ... 5" - t:l:l ~ 0' - '" h<O n ~~~ ... --Dol !r ~ a.~ :. 5" ~ r> ;tl or i! ~ * February 12, 1991 . Park Commission Meeting Preparation for Neighborhood Meetings and Promotion Effort * February 19, 1991 - Special Park Commission Meeting East Shorewood Neighborhood Meeting - Church Location Review Manor, Silverwood and Freeman Parks * February 26, 1991 - Park Commission Meeting West.Shorewood Neighborhood Meeting - Minnewashta School ~ Review Cathcart, Badger and Freeman Parks 2 .. ~ 3: .. a. * March 11, 1991 - City Council Meeting Final Decision on Referendum - Establish Date - May 7, 1991 * March 12, 1991 Notify State Auditor of Special Election * March 20, 1991 Special Newsletter Publication ~ ;! ~ 2: * April 10, 1991 Legal Notice Sent to Newspaper 00 =- o ""I ~ o o Q., -= = ""I ~ =:c ~ ;' ri = Q., = 51 00 f":l =- ~ Q., = - ~ * April 17, 1991 Legal Notice Published and Posted ~ 2: ~ '< * May 7, 1991- ELECI10N DAY * May 8, 1991 . Canvas Election Results f