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021086 CC Reg AgP ~ . CITY OF SHOREWOOD REGULAR COVNCIL MEETING MONDAY, FEBRUARY 10, 1986 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD ' 7:30 P.M. AGE N D A CALL TO ORDER :A. Pledge of Allegiance and Prayer B. Roll Call Shaw Stover Gagne Mayor Rascop Haugen 1. APPROVAL OF MINUTES A. Regular Council Minutes - January 27, 1986 (Att #1 - minutes) 2. MATTERS FROM THE FLOOR A. Senior Center Report B. 3. PLANNING COMMISSION REPORT A. B. 4. PARK COMMISSION REPORT A. Snowmobile Ordinance Amendment (Att #4A-l Amendment -2 Ordinance -3 Park Minutes) ;1 J/ .// ./ / ,/'1 \.t~ B. Snowmobile Noise Test Request (Att #4-B Letter of request) C. REGULAR COUNCIL MEETING MONDAY, FEBRUARY 10, 1986 page two 5. CONSENT AGENDA A. Liquor II Lease Agreement - Ryan Construction (Att #5A-l memo -2 lease agreement) B. Finance Committee Appointments Chairperson: Secretary: Maria Malooly, John Bridge Moved Seconded Vote ~~ ~~ 6. SHOREWOOD YACHT CLUB - DOCK LICENSE (Att #6 - staff report) 7. COVINGTON VINE RIDGE FINAL PLAT (Att 7A - Development Agreement 7B - Resolution adopting the Development Agreement and the Final Plat 7C - Ordinance Amendment) 8. NEAR MOUNTAIN P.U.D. (Att #8A - Planner's report 8B - Engineer's report) (Att #10 ') LV~J /-\/1') ,) 5(} /.1 '7 / Dl \ \ ' ."0 \ Planner's Report ,~y~ Park Commission recommendation) 9. MEADER CAR WASH C.U.P. Applicant: Location: Scott Mann 24245 Smithtown Road (Att #9 - Planner's report) 10. HERITAGE RESIDENCE - DISCUSSION OF WATER 11. WEIGHT RESTRICTION ORDINANCE DISCUSSION (Att #11 - Staff memo Contractor's letter) REGULAR COUNCIL MINUTES MONDAY, FEBRUARY 10, 1986 page three 12. S.E. AEEA TRUNK WATER SYSTEM (Att #12-A - Feasibility r~port -B - Staff memo -C - MnDOT letter}. 13. DRAFT POLICE AGREEMENT (Att #13 - Draft Agreement - memo ) Juvenile Data Report - Chief Young 14. ATTORNEY'S REPORT A. Rosenthal Resolution of Denial (Att #14A - Draft Resolution). B. 15. ENGINEER'S REPORT A. B. 16. ADMINISTRATOR'S REPORT A. Tax Forfeit land - Island View Road - Lot 21 (Att #16A - Staff memo and infor- mational attachments) B. State Revenue Shortfall (Att #16B - memo and information) C. Murfin Property Purchase (Att #16c -Murfin letter) D. r~// ~ 7Y 15 / Cj~n /~ / V~F rh ,~ \p , .... CITY OF REGULAR MONDAY, ..a. ..,......'-tlC SHOREwoo~aJjf,..-4.~1I'.... \.,1/", " . COUNCIL MEETING JANUARY 27, 1986 ,'f~:. ~;.'~~7;b.L CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. MINUTES CALL TO ORDER Mayor Rascop called the Regular Council meeting of Monday, January 27, 1986 to order at 7:30 P.M. in the City Hall Council Chambers. PLEDGE OF ALLEGIANCE AND PRAYER Mayor Rascop opened the meeting with the Pledge of Allegiance and a Prayer. ROLL CALL Present: Mayor Rascop, Councilmembers Haugen, Shaw, Stover and Gagne. Staff: Attorney Froberg, Engineer Norton, Administrator Vogt, Planner Nielsen and Clerk Kennelly AMEND AGENDA Mayor Rascop amended the agenda to move #9 - Munitech Presentation up prior to item #2 - Matters From the Floor. APPROVAL OF MINUTES Gagne moved, seconded by Stover, to approve the minutes of the regular Council meeting of January 13, 1986 as corrected in the official minute book. Motion carried unanimously - 4 ayes (Shaw temporarily absent - attending Park Commission meeting) MUNITECH PRESENTATION Bob Polston of Munitech was present to answer any questions the Council may have about their services and explain what they have accomplished this past year. In 1985 they spent 520 hours on repairs on control centers of the various wells. All lift stations have been maintained, with major repairs recently done on the Shore Road station. Polston would like to determine cost factors on each of the wells and set up a replacement schedule for the lift station pumps with the assistance of Engineer Norton. Administrator Vogt spoke for the staff and indicated that they all were very pleased with Munitech service over the past year. PLANNING COMMISSION REPORT Stover reported on the Planning Commission discussion of the proposed Ordinance on the Storage of Recreational vehicles and equipment. I -~ COUNCIL MINUTES~ MONDAY, JANUARY 27, 1986 page two ~ PARK COMMISSION REPORT Shaw reported that the Park Commission was meeting during the:.. Council meeting and had not met since the last Council meeting. Mayor Rascop presented Carol Butterfield and Gary Carl with ~laques in appreciation of their service on the Park Commission in---'&he past. Carl expressed his appreciation to the Council for their courtesy and cooperation in working with Park matters with the Commission. CONSENT AGENDA Permanent Appointment of Charlie Davis Shaw moved, seconded by Haugen, to appoint Charlie Davis to a permanent position on the Public Works Department. Motion carried - 5 ayes. 1986 DOCK LICENSE APPROVAL RESOLUTION #5-86 Stover questioned the status of "Snug Harbor" recently renamed "Shorewood Yacht Club". Council would like clarification on uses permitted under the C.U.P. and court order. Planner Nielsen was asked to do a report on the C.U.P. Shaw moved, seconded by Gagne, to remove the 1986 Dock License for "Snug Harbor" from the list of approvals until more information can be obtained. ' Gagne moved, seconded by Shaw, to approve the following Dock Licenses as requested, with no changes from the 1985 Licenses: Adeline D. Johnston Minnetonka Portable Dredging Upper Lake Minnetonka Yacht Howard's Point Marina Boulder Bridge Farm Inc. CIGARETTE LICENSES RESOLUTION #6-86 Shaw moved, seconded by Haugen, to approve by Resolution the issuance of the 1986 Cigarette Licenses to the following: 1. Mtka Country Club 2. Shorewood ICO 3. Plaza Tom Thumb 4. American Legion Post #259 5. Skipperette 6. Village Pump 7. Driskill's Super Valu 8. Howard's Point Marina 9. Snyder Drug 10. Country Kitchen Motion carried by Roll Call Vote - 5 ayes. COUNCIL MINUTE~ MONDAY, JANUARY 27, 1986 page three . CHRISTMAS LAKE ACCESS STATUS REPORT Charles Da.yto~~ Attorney from the Christmas Lake Association was present to request the approval of the Council to enter into an agreement acc.ejlting the Interstudy property for the purpose of a public access to Christmas Lake. He has submitted a letter explaining the .change of location from the Fayfield property to the property just north owned by Interstudy. He also submitted a new agreement stating the conditions of the donation of this property to the City for lake access. Mr. Dayton urged the Council to accept the new site and the con- sideration of the new agreement. Some benefits of the new site are the larger square footage lot, closer to Highway 7 thus re- quiring less easement acquisition, road construction and main- tenance. A subdivision has also been requested for the NE corner to be combined with Mr. Ellwoods property. Mr. Fayfield will exchange his property for. the Interstudy property and then turn the original property over to the City. Mr. Dayton encouraged expedience in approving this site so the condemnation procedure will not continue-against the Christmas Lake Motel/Brooks property. Council reviewed areas of the agreement. Council had concerns about changing a covenant on the deed to Interstudy that would _. wg;a:U:Q:W> them to develop up to 10 residential units instead of the ~~ original 7 units. This was placed in the agreement as a suggestion ev'\)v from the Christmas Lake Association. this would only be drawn in the deed, all approval would have to be obtained by subdivision through the City. This change must also be approved by 2/3 of the Lake Association. Steve Bruce has been doing a phone survey on this issue and feels that he will have no problem obtaining the necessary amount of approvals. Attorney Froberg feels a public hearing may be necessary to make that change. A spokesperson from Interstudy indicated that they (Interstudy) did not make the unit increase change. They may be requesting a change to their Conditional Use Permit in the area of subleasing, but nothing in reference to subdivision. Council asked members of the Park Commission their opinion on the site change. Commissioner Lindstrom indicated that it was difficult at this time of year to do an onsite inspection. Dr. Janes stated th~t the site was very similar, in land, shoreline, parking, lake bottom, etc., as the Fayfield property. The DNR wants to have the access open bY~,( 1986. In order to accomplish ~his, Fayfield will have to exchange his property with Interstudy; Interstudy will receive changes in their re~ str~ctive covenants on their deed; Interstudy will grant easements for road purpose; Fayfield will then donate the land to the City. ~_~L'~ (( 11 .R-- n \;;J..;,I.)'- Lt,_~A.r ~~.~ COUNCIL MINUTES ~ MONDAY, JANUARY 27, 1986 page four ~ CHRISTMAS LAKE STATUS REPORT - continued If the C~ty does not grant the necessary variances, the land will then be donated to the state. Stover would have liked to seen all agreement between the Association and Interstudy completed prior to Council action. Shaw moved, seconded by Gagne, to accept the amended agreement and authorize the Mayor to sign the agreement on behalf of the City Council. Motion carried - 4 ayes - 1 nay (Haugen). WEIGHT RESTRICTION ORDINANCE DISCUSSION Administrator Vogt reviewed the Weight Restriction Ordinance and his letter dated January 23, 1986 sent to area garbage haulers. In response to Vogt's letters, concerned haulers were present to discuss the Ordinance. Haulers felt that the Ordinance would cause a great deal of additional expense to them that will then be charged back to the residents that use their service. The Ordinance would require them to purchase smaller trucks to use on non-designated streets. They felt that a second man would be necessary if two trucks are required, additional insurance and maintenance cost. They felt that the trucks may cause a traffic problem and littering problem from the exchanges from the small . truck to the larger truck. They felt the Ordinance is singling out the haulers and does not address the purpose of protecting the streets from damage of heavy vehicles by its various exemptions. The enforcibility of this Ordinance was a concern. Stover read a statement listing her concerns about this Ordinance. She then made a motion to reconsider the Weight Restriction and Ord. make this Ordinance in conjunction with the Garbage Ordinance and return to Ordinance 163. Motion died for lack of a second. Haugen requested that the haulers submit their concerns in writing to the City. Discussion will continue at the February 10th Council meeting. Council Break.....................................9:55 to 10:05 POLICE DEPARTMENT DISCUSSION *RESOLUTION #7-86 *Withdrawal f~Dm South Lake Minnetonka Public Safety Department Gagne moved, seconded by Shaw, to adopt a Resolution notifying the Joint Powers Cities of their withdrawal from the Joint Powers Agreement effective December 31, 1987. Resolution adopted by Roll Call Vote - ~ ayes. '--f()."vl~ }/'r~ ~~~ ) COUNCIL MINUTES ~ JANUARY 27, 1986 page five . POLICE DEPARTMENT DISCUSSION - continued Procedural Outline Administrator has obtained some information from Chanhassen on setting up a police department. Stover submitted a draft outline on the set up for a new police department. Police Contract Discussion Stover moved, seconded by Gagne, to have Shorewood draft a police contract to be submitted to the other cities for their response within 30 days of receipt. Motion carried unanimously. Council reviewed various changes they would like to see in the Contract. A Special meeting will be held on February 3, 1986 to draft a new contract. ATTORNEY'S REPORT Garbage Collectors Ordinance ORDINANCE #171 Council reviewed the 4th draft of the Ordinance. Gagne moved, seconded by Haugen, to accept the 4th draft as amended and adopted the Ordinance by Roll Call Vote - 3 ayes - 2 nays (Stover and Shaw) Rosenthal Resolution of Denial Council made changes in the draft Resolution and directed the Resolution be returned after corrections are made. Naegele Litigation Council adjourned for executive session. Blood Litigation Mr. Blood did appear in court on the junk violation and was fined $100.00. ENGINEER'S REPORT S.E. Area Trunk Water System Update Engineer Norton submitted cost comparisons of variations of water systems. He also reviewed his letter regarding the possible placement of a water tower on State Highway property next to the Waterford project. COUNCIL MINUTES~ MONDAY, JANUARY 27, 1986 page six ~ ENGINEER'S REPORT S.E. Area Trunk Water System Update - continued Attorney Froberg indicated that a petition signed by -all owners of properties accepting assessment~ for water improv~ment was needed or a public hearing must be held prior to assessing the cost of this project. Haugen asked the Council to direct the staff to prepare and obtain signed petitions of all affected owners in the assessment area, then submit to the Council to then pass a Resolution and publish. Engineer Norton's conversation with Bill Crawford of MnDOT dis- cussed a possible land exchange if necessary, for the water tower. Location will not be determined until the corridor study is com- plete. Council would like to see a cost comparison to the feasibility study for above ground versus underground water storage. PLANNER'S REPORT Covington Vine Ridge A petition for assessment will be included with the final plat and the development agreement. Christmas Lake Road Signage Gagne moved, seconded by Stover, to relocate the "No turning" sign at Christmas Lake Road and Mill Street. Motion carried- 5 ayes. Fire Lane Study Planner Nielsen received estimates to obtain Certificates of Survey on the "fire lanes" on Enchanted Point and Timber Lane for $2000. each. Council will take no action at this time. Vine Hill Furniture Sign Violation . Planner Nielsen informed the Council of his letter notifying the owner of his sign and trailer violations. ADMINISTRATOR'S REPORT Radio Request Police and Public Works would like to have the Public Works radio frequency monitored on the police radio. Council approved this request. COUNCIL MINUTES~ MONDAY, JANUARY 27, 1986 page seven ~ MAYOR'S REPORT Hennepin CQunty Park Letter A letter ha~ been received stating interest in the purchasing of Minnetonka Country Club. The Club is not currently interested in selling~ , . COUNCIL REPORTS Haugen would like a report on the state revenue short falls at the next meeting. Shaw asked if the street survey had been completed. Vogt indicated that Zdrazil did complete and confirmed N.S.P. totals. Council would like to see a cost report on juvenille officer for child abuse cases. APPROVAL OF CLAIMS AND ADJOURNMENT Gagne moved, seconded by Rascop, to adjourn the regular Council meeting of January 27, 1986 at 11:50 P.M. subject to approval of claims for payment. Motion carried - 5 ayes. General Fund - Acct # 00166-02 Regular checks # 3l6~1 - 31684 Payroll checks # 200068 - 2000e7 = $ 116,526.58 9,459.68 $ 125,986.26 Liquor Fund - Acct # 00174-02 Regular checks # 4329 - 4364 = $ Payroll checks # 200088 - 200100 26,835.11 2,614.89 29,450.00 $ RESPECTFULLY SUBMITTED Sandra L. Kennelly Mayor Rascop CHECK NO 31631 31632 31633 31634 31635 31636 31637 31638 31639 31640 31641 31642 31643 31644 31645 31646 31647 31648 31649 31650 31651 31652 31653 31654 31655 31656 31657 31658 31659 31660 31661 31662 31663 31664 31665 31666 31667 31668 31669 31670 31671 31672 31674 31673 31675 31676 31677 31678 31679 31680 31681 31682 . . GENERAL FUND - BILLS PAID SINCE JANUARY 22, 1986 TO WHOM PAID State Treasurer - PERA Daniel J. Vogt ICMA Retirement Corp. City County Credit Union State Treasurer -- Soc See The Minnetonka Bank Commissioner of Revenue Norwest Bank, Mpls, N.A. Cash Postmaster General Mid-Central Fire Inc. League of MN Cities Albinson AmeriData Systems, Inc. AT&T Informatin Systems Earl F. Andersen & Assoc AT&T Communications AT&T Consumer Products Div Bob's Personal Coffee Serv City of Tonka Bay Crad Mel Enterprises Rolf E.A. Erickson Hennepin Cty Treasurer Hennepin Cty Treasurer Jim's Repair Service Lakeland Ford Truck Sales Macqueen Equipment, Inc. Minnegasco Minnesota UC Fund Minnesota GFOA Minnesota Mutual Life MN Driver & Vehicle Servo NSP Northwestern Bell Void SLMPSD Tonka Auto & Body Supply Village Sanitation, Inc. Minnegasco Government Training Servo Physicians Health Plan of MN Dr. Robert Siegel Attorney Paul A. Melchert Petty Cash Martey Jakel Evelyn T. Beck State Treasurer - PERA State Treas. - Soc. Sec. ICMA Retirement Corp City-Country Credit Union AS~lE LOCAL #224 Void PURPOSE $ AMOUNT Jan. 18, ~~6 payroll - PERA Mileage - ~9/86 thur 1/22/86 ICMA - Jan., 18 '86 payroll CreditUn{on - Jan. 18 '86 payroll Jan. 1&__'-8& payroll - FICA Jan. 18 '86 payroll - FWH Jan. 18 '86 payroll - SWH MN GO IMP SERIES A 12-84 Bond Petty Cash - Reimbursement 4th Qtr. Utility Billing Postage Siren/Outdoor Warning System '86 Legislative Action Conference Planning Supplies NHS/Les Manual Payroll Telephone Service - City Hall Scotchlite Tape Telephone Service - Public Works Telephone Service - Public Works Coffee Servic~ - City Hall City Hall/Garage/Residential/Comm Pressure Washer January '86 Assessing Fee Board & Room - Prisoners Cty Charge for Special Assessments Flow Control Valve Fuel Tank Moldboard Shoe Truck #24 Garage/Badger Fld Pump Hse Utilities Unempl. Compo Roberta Dybvik - 4th Qtr GFOA - Membership Renewal Employee Life Ins. - February '86 City Vehicle Licenses City-Wide Utilities Telephone Serv - City Hall/Garage Void February '86 Budget Deflector/Fuel Additive Jan '86 Garbage Removal Amesbury Utilities Admin. Flexibility in Zoning Workshop Employee Health Ins. - Feb. '86 Refund of Subd & Var Application Refund Due of Special Assessment Taxes To add $25 to $50 Already in Petty Cash Mileage - January - 90 miles Mileage -135 miles Feb. 1 '86 payroll - PERA Feb. 1 '86 payroll - FICA Feb. 1 '86 payroll - ICMA Feb. 1 '86 payroll - Credit Union Feb. 1 '86 payroll - Union Dues Void 1,124.99 53.68 173.00 42.00 1,949.90 1,624.02 726.35 55,783.75 28.29 190.98 10,951.40 50.00 7.35 31. 32 55.58 19.52 .89 4.50 90.65 Water 444.51 2,850.00 1,566.66 514.34 64.60 85.00 248.34 350.00 1,002.30 999.00 10.00 169.39 279.25 1,480.03 374.06 00.00 23,937.83 60.21 74.00 211. 74 42.00 2,321. 77 251.69 221. 70 25.00 18.90 28.35 1,170.47 2,028.82 213.00 42.00 41.22 00.00 CONTINUED ON NEXT PAGE....................................... CHECK NO 31683 31684 . . GENERAL FUND - BILLS PAID SINCE JANUARY 22, 1986 TO WHOM PAID Commissioner of Re~~nue The Minnetonka Bank COMPUTER PAYROLL CHECK LIST- 200068 200069 200070 200071 200072 200073 200074 200075 200076 200077 200078 200079 200080 200081 200082 200083 200084 200085 200086 200087 Void void Daniel J. Vogt Sandra L. Kennelly Susan A. Niccum Evelyn T. Beck Kathleen G. Schwank1 Bradley J. Nielsen Patricia R. Helgesen Charles S. Davis Dennis D. Johnson Daniel J. Randall Howard Stark Ralph A. Weh1e Donald E. Zdrazi1 Martey Jakel Christopher G. O'Neill Gerald Sachs Michael G. Schmidt Stuart W. Mabusth PURPOSE Feb. 1 '86 payroll - SWH Feb. 1 '86 payroll - FWH SUBTOTAL Void void 80 hrs 80 hrs 80 hrs 80 hrs 91 hrs 80 hrs 80 hrs 91 hrs 80 hrs 93 hrs 91.5 hrs 100 hrs 80 hrs 23 hrs 51 hrs 49 hrs 33 hrs 47 hrs SUBTOTAL TOTAL AMOUNT -771.35 1, 720 . 88 $116,526.58 00.00 00.00 857.68 611.49 450.43 758.47 548.61 718.16 527.62 642.87 581. 54 709.20 664.63 716.83 780.17 107.96 216.75 232.75 134.77 199.75 $9,459.68 $125,986.26 CHECK NO 4329 4330 4331 4332 4333 4334 4335 4336 4337 4338 4339 4340 4341 4342 4343 4344 4345 4346 4347 4348 4349 4350 4351 4352 4353 4354 4355 4356 4357 4358 4359 4360 4361 4362 4363 4364 . . LIQUOR FUND - BILLS PAID SINCE JANUARY 22, 1986 TO WHOM PAID City of Shorewood Commissioner of Revenue City of Shorewood BellBoy Corporation " Eagle Distributing Co. Griggs, Cooper & Co., INc Intercontinental Pkg Co. Johnson Bros. Wholesale Minnesota Victoria Oil Co. MN Suburban Newspapers, Inc. Ed. Phillips & Sons Co. Prior Wine Co. Twin City Wine Co. Village Sanitation, Inc. Mn Mutual Life Ins. Co. Physicians Health Plan of MN Harry Niemela Ryan Properties, Inc. Jesse Josephson AT&T Consumer Products BellBoy Corporation Eagle Distributing Co. Flaherty's Happy Tyme Co. Intercontinental Pkg Co. Johnson Bros. Wholesale Minnegasco NSP Void MN Suburban Newspapers, Inc. Ed. Phillips & Sons Co. Quality Wine & Spirits Co. Service Sales Corporation Village Sanitation, Inc. Old Dutch Foods, Inc. NWB Russell Marron PURPOSE Reimb - Jan. 18 '86:payroll Ded. Dec. '85 Sales Tax Dec. '85 Bookkeeping Liquor purchases II II " " AMOUNT $ 3,454.18 8,022.13 154.00 1,585.26 1,703.71 605.49 76.22 202.48 184.08 69.12 346.67 526.62 42.77 192.00 35.29 310.64 882.50 1,715.00 48.00 12.66 2,274.34 1,197.29 263.40 117.18 748.79 430.99 281. 13 00.00 67.74 374.75 626.25 44.40 45.00 39.60 136.53 18.90 $26,835.11 CO}fPUTER PAYROLL CHECK LIST 200088 Russell R. Marron 80 hrs 438.03 200089 Robert F. Nash 11 hrs 50.05 200090 Christopher Schmid 43.5 hrs 175.26 200091 Donald Tharalson 28.5 hrs 124.17 200092 Stephen H. Thies 20 hrs 85.20 200093 John F. Thompson 22.5 hrs 95.63 200094 John F. Josephson 37 hrs 145.21 200095 William F. Josephson 80 hrs 487.50 200096 Susan M. Latterner 36 hrs 134.96 200097 Steven D. Maeger 59 hrs 243.77 200098 Christopher J. Meyer 20 hrs 91.00 200099 Stewart R. Peterson 24.5 hrs 111.48 Wine purchases Wine/Liquor purchases Utilities Advertising Liquor/Wine purchases Wine purchases Wine purchases Garbage Removal Employee Life Ins. Feb. '86 Employee Health Ins. Feb. '86 Feb. '86 Store I rent Feb. '86 Store II rent Inventory Expense Utilities Liquor Purchases Wine/Liquor purchases Liquor purchases Wine purchases " " Ut il it ies Utilities Void Advertising Wine/Liquor purchases Liquor/Wine purchases }fisc purchases - tape Jan. '86 Garbage Removal }fisc purhcases Telephone Service Mileage - Jan '86 - 90 miles SUBTOTAL CONTINUED ON NEXT PAGE............................ i . . MAYOR Rotlert Rascop COUNCIL Jan Haugen Tad Shaw Kristi Stover Robert Gagne ADMINISTRATOR Daniel J. Vogt CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD. MINNESOTA 55331 . (612) 474-3236 FROM: Mayor and Councilmembers Dan Vogt .~ February :-, [986 MEMO TO: DATE: SUBJECT: Snowmobile Ordinance Attached is a draft amendment to the Snowmobile Ordinance No. 59 as discussed by the Council at your meeting of January 14. This draft was submitted to the Park Commission for recommendation. Their minutes are also attached. The Park Commission motion reads as follows: Lindstrom moved, Jakel seconded, to recommend to Council that Stover's curfew suggestion be rescinded, otherwise they agree with Council recommendation. Motion carried unanimously. If the Council concurs with the Park Commission recommendation, the words "between the hours of 6 a.m. and 10 p.m." should be deleted from Section 1, Subdivision 11. This appears to have been done due to the concerns of the Police Department relative to enforcement of a curfew. This item appears on your February 10 Council agenda for your deliberation. DJV:ph cc: Park Commission Sue Niccum A Residential Community on Lake Minnetonka's South Shore L//f . . ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 59 REGULATING THE USE OF SNOWMOBILES IN THE CITY OF SHOREWOOD AND PROVIDING PENALTIES FOR VIOLATION THEREOF THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS: SECTION 1. Subdivision 5 of Section 3 of Ordinance No. 59 relating to operations of snowmobiles generally is amended to read as follows: "Subdivision 5. and at all times shall be of traffic and on the far roadway. At a rate of speed greater than 10 mph operated in the direction of the flow right side of said public street or Subdivision 10. Snowmobiles while on a city street or a public street shall be driven in single file. Subdivision 11. All other provisions of this section notwithstanding, it shall be lawful to operate a snowmobile within the public corridor formerly utilized as railroad right of way within the city between the hours of 6 a.m. and 10 p.m. at a speed no greater than 20 mph." SECTION 2. Ordinance No. 97 which amended Ordinance No. 59, Section 3, is hereby repealed. SECTION 3. This Ordinance shall be in full force and effect upon its passage and publication. ADOPTED BY THE CITY COUNCIL of the City of Shorewood this ____ day of , 1986. Mayor ATTEST: Ci tll: .clerk .PARK COMMISSION MEETIN~ MONDAY, JANUARY 6, 1986- page three . STUDY SESSION MEETINGS Chairman Schmid said he thought the fin.ances should be reviewed once a month and suggested this be done at the second mee-t ing~':'" .. ,. PARK VISITATIONS The first meeting in May was set as the date to start visiting the parks to see what needs to be done and what items should be placed in the budger for 1987. BUDGET Chairman Schmid said that he thought the Budget should be discussed for a short period of time at every meeting in case anyone has any suggestions. Staff will keep a budger file for 1987. MATTERS FROM THE FLOOR Commissioner Squires-Christmas Lake Access Squires offered to keep the Park Commission up to date on the Christmas Lake Access situation as she is the secretary for the Christmas Lake Association. She said that everything changes so fast that it is not the City's fault that the Park Commission is not being kept up to date, because it is impossible to do so at this time. Council Liaisons - March Council meeting - March 10...........Squires Council meeting - March 24...........Lindstrom Replacement of Badger Rink in 1987 Commissioner Jakel suggested replacing Badger hockey rink in 1987. The Commission discussed the issue and decided that they would like Public Works Director Zdrazil's opinion. It was also suggested that the Commissioners look at the rink themselves, individually. Freeman Park Ballfield The Commission discussed whether or not Terry Klomps had been back in contact regarding building the ballfield in Freeman Park. Chairman Schmid will contact Mr. Klomps. The Commission felt that if it could be done in June or July, Eureka Road entrance could be used because it would be dry enough. The picnic shelter was also discussed and Chairman Schmid will discuss it witb Mr. Klomps to see if he thinks the Hennepl~~ounty VoTechmight be interested in building one in Manor Park as one of t~~~r projects. Snowmobile Ordinance Commissioner LIndstrom said he had talked to John Hodgdons of the Police Department and he didn't feel there had been that many complaints. He felt that curfews and speed limit signs would be hard to enforce. . . February 5, 1986 City of Shorewood Council Chambers 5755 Country Club Road Shorewood, MN. 55331 RE: Request to make decibel tests of snowmobiles on the trail going thru the City of Shorewood, particularly from County Road 19 to Eureka Road. Dear Mayor and City Council: The Southwest Trail Association is requesting permission to conduct a test of the old railroad bed that is now used as a snowmobile trail. The purpose of this test is to establish a credible report of findings on the noise level on snowmobiles in this area. This report will give the City of Shorewood and the Southwest Trail Association a better idea on management of snowmobiles in the future. OUTLINE FOR PREPARING THIS TEST. * Follow State and Federal guidelines on tests of this kind. * Use a TYPE I decibel meter as described in the State and Federal quideline. (This piece of equipment is available to the Southwest Trail Association). * Find a credible witness for the test site (eg. a police officer or council member) . * Notification of home owners in the area that testing is being done and get permission to cross their property line if the boundary is less than 50' from the test site. (The decibel meter is set 50' away from test area). * Test noise levels at 20,30,40,50 MPH to establish accurate sound levels that may affect near by homeowners. This is not a test to challenge the speed limit of 20 MPH or test the ability of the railroad grade to safely handle snowmobiles a higher than posted speeds. * Testing to be done over a 2~-3 hour period on the weekend during the day. This is the total time for this project. Noise from snowmobiles would not be continuous during this period. * Orderly supervision by the Southwest Trail Association of all traffic on the trail, not to exclude the police department from participating if they wish to help. * Make additional provisions as recommended by the City of Shorewood. * Persons participating in the test will be randomly selected from the surrounding snowmobile clubs. Select individuals may be requested by the City of Shorewood. OBJECTIVE OF THIS TEST A written report of findings and verbal interpretation of the results will be given to the City of Shorewood and a written report sent to the Minnesota United Snowmobile Association. These findings will establish the need for requestin~ the landscaping materials used in building sound barriers and traffic corridors (ego Russian olive bushes, Evergreen trees and bushes, etc.). Purchase of these materials and the volunteer labor will be suppled by the Southwest Trail Association. If there are question, please feel free to contact Jeff Hanson at 934-2843 or B:il 1. I(ullbetgat 471-7728. Respectfully, Aidmf ~/d,~.t:C c; /:5 . . MAYOR Robert Rascop COUNCI L Jan Haugen Tad Shaw Kristi Stover Robart Gagne ADMINISTRATOR Daniel J. Vogt CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 . (612) 474-3236 MEMO TO: Mayor and Councilmembers FROM, Dan Vogt ~ DATE: January 29, 1986 SUBJECT: Lease Amendment for Shorewood Liquors - Shorewood Center Site Attached to this memo is a copy of a Lease Amendment to the City's lease with Ryan Construction Company for space at the Shorewood Village Shopping Center for Shorewood Liquors II. This agreement runs through March 31, 1987. The amount of lease was negotiated down to an increase of $50 per month. The original proposal showed an increase of $150 per month. The Amendment should be voted upon by the Council. Therefore, this item appears on the consent agenda of your meeting of February 10. Please contact me if you have any questions. DJV:ph A Residential Community on Lake Minnetonka's South Shore sA . . LEASE AMENDMENT The term of that certain lease dated December 30, 1974, by and between Ryan Construction Company of Minnesota, Inc., as Landlord and City of Shorewood, as Tenant for premises in the Shorewood Village Shopping Center - Shorewood, Minnesota, is hereby further extended by mutual consent for the period commencing April I, 1986 and ending March 31, 1987. The monthly rental shall be ONE THOUSAND FIVE HUNDRED FIFTY AND NO/100 DOLLARS ($1,550.00). No additional amounts shall be due for common area maintenance, mall area maintenance, insurance or real estate tax. Tenant shall continue to pay, in addition to the rental outlines above, a monthly fixture rental charge of TWO HUNDRED FIFTEEN AND NO/100 DOLLARS ($215.00). Except as defined above, all other terms, conditions, covenants and agreements of the lease shall remain in effect. WITNESS our hands this day of , 198__ RYAN CONSTRUCTION COMPANY OF MINNESOTA, INC. By Its CITY OF SHOREWOOD By Its ,// . . /-,' CITY OF SHOREWOOD MAYOR Robert Rascop COUNCI L Jan Haugen Tad Shaw Kristi Stover Robert Gagne ADMINISTRATOR Daniel J. Vogt " 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236 MEMORANDUM TO: MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN/GLENN FROBERG DATE: 5 FEBRUARY 1986 RE: SHOREWOOD YACHT CLUB - STATUS REPORT FILE NO.: 405 (general) At the last Council meeting, questions were raised regarding the current ownership status of the Shorewood Yacht Club. Concerns were voiced that change in ownership may lead to changes in the activities of the club which may not comply with the C.U.P. under which they are regulated. The possible storage of power boats was a specific concern. In summary, the C.U.P. for the Shorewood Yacht Club provides: 1. Eighty slips have been approved for sailboats only (plus two power boats used by the Club). 2. Us~ of the facility is for members only. There is no limitation ori the number of members. 3. Winter storage is limited to members sailboats only. There is no apparent limitation on the number of boats which can be stored, nor does it preclude dry-stacking of boats. Stacking of sailboats is, however, considered unlikely. No winter storage of power boats is allowed~ With regard to the Club's affiliation with the new Excelsior Bay Yacht Club, we have received correspondence from Mr. Woodrowe Love, see Exhibit A, attached. In addition, Mr. Love has agreed to atten.o---the Council meeting ~:m 10 February to answer any questions the Council may-have. If there are any questions relative ~o this matter, please do not hesitate to contact my office prior to Monday nig~'s meeting. BJN:ph cc: Dan Vogt Glenn Froberg A Residential Community on Lake Minnetonka's South Shore o . . .' February 4, 1986 Mr. Brad Neilson City Planner City at Shorewood 5755 Country Club Road Shorewood, Minnesota 55331 Dear Brad: As we aqreed in our phone conversation of January 30, 1986, I am writinq to clarify questions reqardinq THE SHOREWOOD YACHT CLUB. On November 26, 1986, the stock ownersip in SNUG HARBOR YACHT CLUB, INC., was transferred to SCHERBER-FARNES HOLDING COMPANY. The "Dock-O-Minimum" concept has been abandoned and we are returning to a non-equity, club member format (as was true from 1979 through 1984). We will provide our members and the sailinq community,. as we have for over 7 years, with sailboat slippaqe, instruction, charter and brokeraqe. I have been a homeowner in Shorewood for 13 years and was a founding member of Shorewood Yacht Club in 1979. I have been retained by the new owners as facility manager, having served in that position since 1983. I can, therefore, assure you that the operation of this facility will remain unchanged. We will meet the needs of our members and remain in accordance with the terms of our permit. Members of the Shorewood Yacht Club are granted Social Membership in THE NEW EXCELSIOR BAY YACHT CLUB. This "reciprocol" Membership allows for dininq privileqes for our members in that club. This agreement does not invite or allow power boats at our club. We are proud of THE SHOREWOOD YACHT CLUB and it's relationship with its neiqhbors. We will continue to be responsive to their needs or questions. I trust this information addresses any possible concerns. I wish to avail myself to you, the council, or any resident. I may be reached at THE SHOREWOOD YACHT CLUB, 474-2533. I look forward to seinq you at the February loth council meeting. Be(j6 ,tfA W dyLove MANAGER, SHOREWOOD YACHT CLUB Exhibit A WL/psc Enclosures SHOREWOOD YACHT CLUB. 600 WEST LAKE STREET. SHOREWOOD. MINNESOTA 55331. PHONE: 474.2533 , , . . SHOREWOOD YACHT CLUB. 600 WEST LAKE STREET. SHOREWOOD, MINNESOTA 55331. PHONE: 474.2533 Rules & Regulations 1. The SHOREWOOD YACHT CLUB shall be limited to the mooring of sailboats, except those power boats used by the management. 2. The following facilities are for the use of Club members only: Launching Ramp Parking Areas Clubhouse Sanitation Facilities Pump-out station Summer/Winter Storage 3. Hours of Clubhouse operation: Closing Time - Sunday through Thursday - 10:00 P.M. Friday and Saturday - June through August - 12:00 P.M. Dock Quiet Hours at all times - 10:00 P.M. to 8:00 A.M. 4. Sailboats when not in use MUST have their halyards fouled so that any noise caused by them is kept at a minimum. Members whose halyards bang shall be warned and then are subject to fines of $10.00 and up. 5. Right-of-way MUST be given to all barges and workboats used by the dredging company. 6. Radios must be kept below decks with the volume at a discreet level. 7. No pets will be allowed on the premises. 8. Sailboats under power with outboard motors should use the West channel only, except when conditions should be hazardous. Boats must leave and return from slip under power. 9. Members may put For Sale signs on the bulletin board but may not display them on their boats. 10. Members who will be allowing non-members to use their boats in their absence must notify the office in advance. 11. Members must have current State registration or U.S. documentatation for any craft in the wafer~moored at the Club. 12,. Channel 71, which is a licensed Club channel known as "Harbor" is to be used as a hailing channel for con~acting and emergency purposes. Conversations should be continued after "dropping" to another arranged channel. of . . // CITY OF SHOREWOOD DEVELOPMENT AGREEMENT COVINGTON VINE RIDGE FOURTH DRAFT THIS AGREEMENT, made this day of , 1986, by and between the City of Shorewood, a municipal corporation, hereinafter referred to as the City, and United Mortgage Corporation, a Minnesota corporation, hereinafter referred to as the Developer. WHEREAS, the Developer is the fee owner of certain lands described in Exhibit A attached hereto and made a part hereof, which lands are hereinafter referred to as the Subject Property; and WHEREAS, the Developer has made application under the City Zoning Ordinance for City Council approval of a planned unit development for single-family residential homes and a preliminary plat of said land containing approximately 42 acres divided into 63 lots to be known as Covington Vine Ridge; and WHEREAS, the City Council by its resolution passed on April 23, 1984, has granted development stage approval for said planned unit development and approval for said preliminary plat; and WHEREAS, the City has established the policy of requiring land developers and the City to formally allocate between them the furnishing of surfaced streets, curbs, gutters, landscaping, driveways, storm surface water drainage facilities, street signs, municipal water and sanitary sewer facilities and underground gas, electric and telephone service lines to all lots and plats approved by the City, all of the foregoing hereinafter sometimes referred to as improvements; and WHEREAS, the Developer has made application to the City to be allowed at Developer's expense to construct, install, and perform all work and furnish all materials in connection with the installation of such improvements. NOW, THEREFORE, in consideration of the foregoing premises and acceptance by the City of the preliminary plat of Covington Vine <~..Ridge, the City a.nd the Developer agree as follows: 7/1 . . 1. FINAL PLAN. Developer has filed with the City Clerk the final plat for the development of the project and said plat is hereby attached as Exhibit B and incorporated herein. Said final plat, together with this Development Agreement, is herewith adopted and approved by the City as Developer's final plan. 2. LAND USE. The property herein shall be developed as single-family lots based upon R-1C Zoning District standards. 3. IMPROVEMENTS BY DEVELOPER. Developer agrees at its expense to construct, install and perform all work and furnish all materials and equipment in connection with the installation of the following improvements: a. Street grading, stabilizing and bituminous surfacing; b. Surmountable concrete curbs and gutters; c. Sanitary sewer mains; d. Watermains; e. Storm sewers; f. Street signs; g. Landscaping h. Driveway paving; i. Underground utility lines; 4. STANDARDS OF CONSTRUCTION. Developer agrees that all of the foregoing improvements shall be constructed and installed in accordance with engineering plans and specifications approved by the City Engineer and the requirements of applicable City ordinances and standards, and that all of said work shall be subject to the supervision of the City Engineer. 5. lf~TERtALS AND LABOR. All of the materials to be employed in the making of said improvements and all of the work performed in connection therewith shall be of uniformly good and workmanlike quality, shall equal or exceed City standards and specifications, and shall be subject to the inspection and approval of the City. In case any materials or labor supplied shall be rejected by the City as defective or unsuitable, then such rejected materials shall be removed and replaced with approved material, and rejected labor shall be done anew to the satisfaction and approval of the City at the cost and expense of Developer. ... - 2 - . . 6. SCHEDULE OF WORK. Prior to March 1, 1986, the Developer shall submit a written schedule indicating the proposed progress schedule and order of completion of work covered by this contract, which schedule shall be a part of this agreement. Upon receipt of written notice from the Developer of the existence of causes over which the Developer has no control, which will delay the completion of the work, the City, in its discretion, may extend the dates specified for completion. It is understood and agreed that the work shall be performed in one phase to be substantially completed by December 31, 1986. 7. STREETS, SANITARY SEWER, WATER AND STORM SEWER FACILITIES. a. Plans and Specifications. The Developer agrees to cause its engineers to prepare all plans and specifications necessary for the installation of streets, curb, gutter, sanitary sewer, water mains and storm sewer facilities in said plat, said plans and specifications to be subject to the final approval of the City Engineer. b. As-Built Plan. Upon completion of construction, Developer shall cause its engineers to prepare and file with the City an "as built" plan showing the installation of the foregoing facilities within the plat. c. Easements. Developer, at its expense, shall acquire all necessary easements from abutting property owners required for the installation of the sanitary sewer, storm sewer, and water facilities within the plat, and thereafter promptly assign said easements to the City. 8. REIMBURSEMENT OF COSTS. "The Developer shall reimburse the City for all costs, including reasonable engineering, legal, planning and administrative expenses incurred by the City from time to time in connection with all matters relating to the administration and enforcement of this agreement and the performance thereof by the Developer. Such reimbursement shall be made within fourteen (14) days of the date of the City's mailing of each notice of costs to the address set forth in Paragraph 33 below. 9. DISCLAIMER BY CITY. It is understood and agreed that the City, the City Council, and the agents and employees of the City shall not be personally liable or responsible in any manner to the Developer, the Developer's contractors or subcontractors, materialmen, laborers, or any other person, firm or corp~~tion whomsoever, for any debt, claim, demand, damages, actions or causes of action of any kind or character arising out of or by reason of the execution of this agreement or the performance and completion of the work and improvements hereunder; and that-the-Developer will save the City, - 3 - . . the City Council, and the agents and employees of the City harmless from any and all claims, damages, demands, actions or causes of action arising therefrom and the costs, disbursements, and expenses of defending the same. 10. WRITTEN CHANGE ORDERS. All change orders will be in writing and have the approval of the City Engineer. The Developer shall do no work and furnish no material for which reimbursement is expected from the City unless a written order for such work or materials is received from the City. Any such work or materials which may be done or furnished by the Developer without such written order first being given shall be at its own risk, cost and expense, and the Developer hereby agrees that without such written order, Developer will make no claim for compensation for work or materials so done or furnished. 11. PERFORMANCE GUARANTY. For the purpose of assuring and guaranteeing to the City that the improvements to be constructed, installed and furnished by the Developer as set forth in Paragraph 3 above, shall be constructed, installed and furnished according to the terms of this agreement, and to ensure that the Developer shall pay all claims for work done and materials and supplies furnished for the performance of this agreement, and that the Developer shall fully comply with all of the other terms and provisions of this Development Agreement, the Developer agrees to furnish to the City either a cash deposit or an irrevocable letter of credit approved by the City in an amount equal to 150% of the total cost of said improvements as set forth in the contract between the Developer and his contractor. Said deposit or letter of credit shall remain in effect for a period of one year following the completion of the required improvements. The amount of said deposit or letter of credit may be reduced or replaced by a maintenance bond at the discretion of the City upon acceptance by the City of individual improvements. 12. BOULEVARD LANDSCAPING AND DRIVEWAYS. The Developer or its assigns agree to furnish, construct and install, at their sole expense, the following improvements for the benefit of each lot within the plat: a. Boulevard sod, which shall be of uniformly good quality. b. Sodding in front yards and side yards abutting streets. c. No fewer than (3) shade trees of a minimum diameter of 2 inches shall be provided to each lot. d. Paved driveways. All lots that front on Vine Hill Road shall have on-site turn-around driveways. For the purpose of assuring to the City that the im?rovements required by this paragraph shall be constructed and"1nstalled according' to the requirements of this agreement, De~eloper or its assigns agree to deposit the sum of $500.00 per lot~with..the City at the time application is made for a building permit for each lot. Said deposit shall be returned to the Developer or its assigns upon approval of the installations by the City. - 4 - . . 13. EROSION CONTROL. Developer, at its expense, shall provide temporary darns, earthwork or such other devices and practices, including seeding of graded areas, as shall be needed, in the judgment of the City Engineer, to prevent the washing, flooding, sedimentation and erosion of lands and streets within and outside the plat during all phases of construction. Developer shall keep all streets within the plat free of all dirt and debris resulting from construction therein by the Developer, its agents or assignees. 14. ACCESS. Developer shall provide reasonable access, including temporary grading and graveling to all residences in the plat until the streets are accepted by the City. 15. STREET SIGNS. Developer, at its expense, shall provide street identification signs and traffic control signs in accordance with the Minnesota Manual on Uniform Traffic Control Devices. 16. REPLACEMENT. All work and materials performed and furnished hereunder by the Developer, its agents and subcontractors, found by the City to be defective within one year after completion of said work and furnishing of said materials, shall be replaced by Developer at Developer's sole expense. 17. LIABILITY INSURANCE. The Developer shall take out and maintain during the life of this agreement public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's work or the work of their subcontractors, or by one directly or indirectly employed by any of them. This insurance policy shall be a single limit public liability insurance policy in the amount of $1,000,000.00. The City shall be named as co-insured on said policy and the Developer shall file a copy of the insurance coverage with the City. Prior to commencement of construction of the improvements described in Paragraph 3 above, the Developers shall file with the City a certificate of such insurance as will protect the Developers, their contractors and subcontractors from claims arising under the Workers' Compensation Laws of the State of Minnesota. 18. WATER AND SEWER REVENUES. All water and sanitary sewer service charges shall at all times be billed by the City and all revenues derived therefrom shall be the sole property of the City. 19. CONVEYANCE OF IMPROVEMENTS. Upon completion of the installation by Developers of the improvements set forth in Paragraph 3 above in accordance with the plans and specifications hereunder and the written approval by the City, the Developer shall convey said improvements to the City free of all liens and encumbrances and with warranty of title. Should the Developer fail to so convey said improvements, the same shall become the property of the City without further notice or action on the part of either party hereto, other than acceptance by the City. - 5 - . . 20. PARK DEDICATION. Developer shall, at the time of execution of this agreement, make a cash payment to the City in the amount of $500.00 per lot for the Park Fund. In addition to such cash payment, Developer shall provide to the City an easement for trail purposes over and across Outlot A of the plat. 21. SOUTHEAST AREA TRUNK WATER SUPPLY AND STORAGE FACILITY. Developer has previously submitted to the City Council a petition, as provided for by Minnesota Statutes Chapter 429, for the construction of a local improvement known as the Southeast Area Trunk Water Supply and Storage Facility (water facility) to provide water to the southeast portion of the City of Shorewood. It is understood and agreed that the entire cost of said improvement will be assessed against those developments known as Trivesco (Waterford), Covington Vine Ridge, Near Mountain, and Silver Ridge, and that the above-described benefited property will be assessed its proportionate share of such costq estimated at between $1500 and $1600 per lot. 22. SEWER ASSESSMENTS. The original assessments against the property for sanitary sewer are in the amount of $23,965.00. Developer acknowledges that as a newly platted planned unit development of 63 lots, additional sums will be assessed against the property as equalization charges pursuant to Shorewood Ordinance No. 80. Developer agrees to pay all such charges to the City in accordance with Shorewood Ordinance No. 80, together with all previous assessments against the property, provided full credit is given to the Developer for all prior payments made by the Developer or its predecessor on account of said assessments. 23. OCCUPANCY PERMITS. The occupancy of any structure on any lot within said plat shall be prohibited by the City until the bituminous base course of the streets shall have been completed and municipal sanitary sewer and water lines shall have been installed and are available to serve the lot for which the building permit shall have been issued. 24. RESTORATION OF STREETS AND PUBLIC FACILITIES. The Developer shall restore all City streets and other public facilities disturbed or damaged as a result of Developer's construction activities, including sod with necessary black dirt, bituminous replacement, curb replacement, and all other items disturbed during construction. - 6 - . . 25. OUTLOTS. The following out lots shall be owned by the Homeowners Association and maintained as follows: Outlot A: to be maintained as designated Wetlands pursuant to Shorewood Ordinance #70, and subject to an easement for trail purposes as provided in Paragraph 20; Outlot B: to be held as Common Area for use by the members of the Homeowners Association; Outlot C: to be used for the location of entrance monuments to the project. 26. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS. Developer shall provide a copy of the Declaration of Covenants, Conditions and Restrictions, the Articles of Incorporation and By-Laws of the Homeowners Association for review and approval by the City prior to the recording of same with the County Recorder. 27. PROOF OF TITLE. The Developer shall furnish the City with evidence satisfactory to the City that it holds title to the Subject Property in fee simple. 28. REMEDIES UPON DEFAULT. a. Assessments. In the event the Developer shall default in the performance of any of the covenants and agreements herein contained and such default shall not have been cured within ten (10) days after receipt by the Developer of written notice thereof, the City, if it so elects, may cause any of the improvements described in Paragraph 3 above to be constructed and installed or may take action to cure such other default and may cause the entire cost thereof, including all reasonable engineering, iegal and administrative expense incurred by the City to be recovered as a special assessment under M.S. Chapter 429, in which case the Developer agrees to pay the entire amount of such assessment within thirty (30) days after its adoption. Developer further agrees that in the event of its failure to pay in full any such special assessment within the time prescribed herein, the City shall have a specific lien on all of Developer's real property within the Subject Property for any amount so unpaid, and the City shall have the right to foreclose said lien in the manner prescribed for the foreclosure of mechanic's liens under the laws of the State of Minnesota. In the event of an emergency, as determined by the City Engineer, the M.S. Chapter 429 notice requirements to the Developer shall be and hereby are waived in their entirety, and the Developer shall reimbursa-the City for any ~xpense incurred by the City in remedying the conditions creating the emergency. 4--- - 7 - . . b. Performance Guaranty. In addition to or in lieu of the foregoing, the City may utilize any cash deposit made or letter of credit delivered hereunder, to collect, pay, or reimburse the city for: (1) the cost of completing the construction of the improvements described in paragraph 3 and Paragraph 16 above; and (2) the cost of curing any other default by the Developer in the performance of any of the covenants and agreements contained herein. (3) the cost of reasonable engineering, legal and administrative expense incurred by the City in enforcing and administering this agreement. c. Legal Proceedings. In addition to or in lieu of the foregoing, the City may institute any proper action or proceeding at law or at equity to abate violations of this development agreement, or any ordinance to which this development agreement may become a part, or to prevent use or occupancy of the proposed dwellings. 29. HEADINGS. Headings at the beginning of paragraphs hereof are for convenience of reference, and shall not be considered a part of the text of this contract, and shall not influence its construction. 30. SEVERABILITY. In the event any provisions of this agreement shall be held invalid, illegal, or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof, and the remaining provisions shall not in any way be affected or impaired thereby. 31. EXECUTION OF COUNTERPARTS. This agreement may be simultaneously executed in several counterparts, each of which shall be an original, and all of which shall constitute but one and the same instrument. 32. CONSTRUCTION. This agreement shall be construed in accordance with the laws of the State of Minnesota. 33. NOTICES. All notices, certificates and other communications hereunder shall be sufficiently given and shall be deemed given when mailed by certified mail, return receipt requested, postage prepaid, with proper address as indicated below. The City and the Developers by written notice given by one to the other, may designate any address or addresses to which notices, certificates or other - 8 - . . communications to them shall be sent when required as contemplated by this agreement. Unless otherwise provided by the respective parties, all notices, certificates and communications to each of them shall be addressed as follows: To the City: City of Shorewood 5755 Country Club Road Shorewood, MN 55331 To the Developer: United Mortgage Corporation 8300 Norman Center Drive Suite 1000 Bloomington, MN 55437 34. SUCCESSORS AND ASSIGNS. It is agreed by and between the parties hereto that the agreement herein contained shall be binding upon and inure to the benefit of their respective legal representatives, successors, and assigns. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year first above written. UNITED MORTGAGE CORPORATION CITY OF SHOREWOOD by: by: Its Its Mayor ATTEST: City Clerk - 9 - . . STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) On this day of , 1986, before me, a Notary Public within and for said County, personally appeared and , to me personally known, who, being each by me duly sworn, did say that they are respectively the Mayor and City Administrator of the municipal corporation named in the foregoing instrument, and that said instrument was signed and sealed in behalf of said corporation by authority of its City Council, and said and acknowledged said instrument to be the free act and deed of said corporation. Notary Public STATE OF MINNESOTA ss COUNTY OF HENNEPIN On this day of , 1986, before me, within and for said County personally appeared and to me personally known, who, being each by me duly sworn did say that they are respectively the and of the corporation named in the foregoing instrument, and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors and acknowledged said instrument to be the free act and deed of said corporation. Notary Public . . . LEGAL DESCRIPTION All that part of the Southeast Quarter of the Northeast Quarter ana of the Northeast Quarter of the Southeast Quarter lying North of the center line of Covington Road in Section 36, Township 117, Range 23. EXCEPT the west 220 feet of the East 570.34 feet of the Southeast Quarter of the Northeast Quarter and of the Northeast Quarter of the Southeast Quarter lying North of the centerline of Covington Road and South of a line drawn at rig,t angles west from the East line of said Southeast Quarter of the Northeast Quarter from a point therein distant 243.39 feet North of Southeast corner of said Southeast Quarter of the Northeast Quarter, ALSO, EXCEPT that part thereof described as follows: Conwnencing at the Southeast corner of the Southeast Quarter of the Northeast Quarter of Section 36, Township 117, Ra1ge 23; thence North along the East line of said section a distance of 384 feet to the actual point of beginning; thence west at rig,t angles from the East line of said Section a distance of 103 feet; thence South at rig,t angle a distance of 50 feet; thence East at ri!jlt angles to the East line of said section; thence North along said East line to the point of beginning . 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I ~ Ii: i. I : j 1 i ? i : ~! i 1 :1 51'.. ~ & I~ r ~" :l!I t i! o l;J -. ~i" i I ~ i ~e ~ \ i U R ~ - '" ~ .. > ~ Ii \ ~ ~ J; ( .1.. ~II l'i~U ~ ; fu chi '" ~ chi 1~~iICl ~ t ~!iICl If'f 5 ii! " :~l i i /~l I. I ~ i i ~ i I !' ! . I ~ i , II!~ :' ..) =;' ~ i.. I ~e ~ '0 i ..... I P::l .w ,,-I .0 ,,-I ...c: >< rLl , ' U Z . .- (1)0 ...~ ~"': ->' U_ o (I)=- ut. e Zo: o ut -, ~c' :;) Z X. , : ut'" ID- S- 0: u'" u S . . RESOLUTION NO. A RESOLUTION AUTHORIZING THE EXECUTION OF THE DEVELOPMENT AGREEMENT FOR COVINGTON VINE RIDGE WHEREAS, the City of Shorewood has heretofore approved the preliminary plat of Covington Vine Ridge; and WHEREAS, Shorewood Ordinance No. 168 requires the City to enter into a Development Agreement with the Developer; and WHEREAS, the Council has reviewed the Development Agreement and determined its adequacy. NOW, THEREFORE, BE IT RESOLVED: That the Development Agreement for the development of Covington Vine Ridge is hereby approved, and the Mayor and Clerk are hereby authorized to execute the same. this Adopted by the City Council of the City of Shorewood day of , 1986. Mayor ATTEST: City Clerk 76 . . RESOLUTION NO. A RESOLUTION APPROVING THE FINAL PLAT OF COVINGTON VINE RIDGE WHEREAS, the final plat of Covington Vine Ridge has been submitted in the manner required for platting of the land under Shorewood Comprehensive Plan and under Chapter 462 of Minnesota Statutes and all proceedings have been duly had thereunder; and WHEREAS, said plat is consistent with the Shorewood Comprehensive Plan and the regulations and requirements of the laws of the State of Minnesota and Ordinances of the City of Shorewood. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood: 1. That the plat of Covington Vine Ridge is hereby approved. 2. That the approval is specifically conditioned upon the terms and conditions as contained in the Development Agreement attached hereto and made a part hereof as Attachment 1 . 3. That the Mayor and City Clerk are hereby authorized to execute Certificate of Approval on behalf of the City Council. 4. That this final plat shall be filed and recorded within 30 days of the date of this Resolution. BE IT FURTHER RESOLVED, that such execution of the Certificate upon said plat by the Mayor and City Clerk shall be conclusive showing a proper compliance therewith by the subdivider and City officials and shall entitle such plat to be placed of record forthwith without further formality all in compliance with Minnesota Statutes and Ordinances of the City. Dated this day of , 198 . CITY OF SHOREWOOD Mayor ATTEST: City Clerk . - D R AFT - . ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 168 IN THE CITY OF SHOREWOOD, BEING AN ORDINANCE FOR THE PURPOSE OF PROMOTING HEALTH, SAFETY, ORDER, CONVENIENCE, PROSPERITY AND GENERAL WELFARE BY REGULATING THE USE OF LAND, THE LOCATION, AREA, SIZE, USE AND HEIGHT OF BUILDINGS ON LOTS, AND THE DENSITY OF POPULATION IN THE CITY OF SHOREWOOD, MINNESOTA. The City Council of the City of Shorewood does ordain: Section 1. Ordinance No. 168, Section 200.09 Subd. 2 "Map" is hereby amended as follows: "Official Zoning Map may be and hereby is amended by including within the P.U.D., Planned Unit Development District, property described as: 'Covington Vine Ridge' Said property to be governed by a Development Agreement, dated , 1986, between the City of Shorewood and United Mortgage Corporation. Said agreement is on file at the Shorewood City Hall." Section 2. This Ordinance shall be effective from and after its passage and publication. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, this day of , 1986. Robert Rascop, Mayor ATTEST: City Clerk ~ {:.. t MEMORANDUM . . CITY OF SHOREWOOD MAYOR Robert Rascop COUNCI L Jan Haugen Tad Shaw Kristi Stover Robert Gagne ADMINISTRATOR Daniel J. Vogt 5755 COUNTRY CLUB ROAD . SHOREWOOD. MINNESOTA 55331 . (612) 474-3236 TO: MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN ~ DATE: 6 FEBRUARY 1986 RE: NEAR MOUNTAIN P.U.D. - DEVELOPMENT STAGE FILE NO.: 405 (85.37) In December 1985, a revised preliminary plat was approved for the Near Mountain P.U.D. At that time it was explained that additional information was needed for complete development stage approval (i.e. information relative to site grading of the first phase, site and building plans for the two-family residential units, etc.). That information has now been received (see Exhibit A) and the following comments are offered: 1. Building setlacks shown on the revised Development Plan (see Exhibit B, attached) are acceptable, however, rear yard setbacks should be included as follows: Type A single-family (riparian) 150' Type A single-family (nonriparian) 40' Type B single-family 30' Townhouses (abutting Type A s.f.) 40' Townhouses (abutting Type B s.f.) 30' This will require that the units in the southwest corner of the first phase townhouse area be moved five feet to the east. 2. Site design and landscaping for the first phase townhouse units are shown on Exhibit C. It is recommended that the private road have a turnaround at the end. The applicant has submitted a proposed sketch (see Exhibit D) showing a 60 foot turnaround. In discussing-this with tl:1eGity E~gineer, he agreed that this would be acceptable, given~he grade and the fact that the City will not have to plow snow on that street~- The Planning Commission has rec~mmended that the development agreement require at least one tree per lot for future phases where there are no existing trees. A Residential Community on Lake Minnetonka's South Shore 3/1 /A.::,:~:,,~i; ')' "'<:'\~~F::;'I."t:~~~~~~~~;~~l{rf;~~f"t"""; If', '~'i'.' ~, "".';~J~,*"",I".,.~""":>>1_"'I~/~.!l'!~~~_I,.~1!. Re: Near Mountain PUD 6 February 1986 page two 3.. The set:back for the end unit will be reduced from 40 to 30 feet. Given the size ancf@ttthof tbesi.ngle family lot to the west of it, this is not considered a problem. 4. The landscape plan shows entry signs for the Near Mountain project on Vine Hill Road and for Sawatch on Sawatch Pass. Plans for these signs must be submitted and approved by the City Council. 5. Grading and erosion control are shown on Exhibit E. The staff is very concerned about steep slopes, particularly on. the south side of the private road and along the west side of Sawatch Pass. The developer has proposed slopes with a grade of 1~:1. The Engineer has recommended that retaining walls be constructed wherever slopes exceed 3:1. In discussing this with the Engineer, we agreed that 2:1 slopes should be the maximum allowed, with anything over 3:1 being a landscaped embankment. This should be added to the landscape plan. 6. Construction limits should be staked prior to start of grading. 7. The final plat for the first townhouse phase is shown on Exhibit F. It is recommended that Outlot D be changed to A and the other out lots should be changed accordingly. The outlot for the .private road should be widened to 50 feet. 8. Examples of the two-family townhouse buildings are shown on Exhibit G. RECOMMENDATION Based upon the preceding comments and those of the City Engineer, it is recommended that the development stage of the Near Mountain P.U.D. be approved. The developer has requested that he be allowed a building permit for the first two-family building in Sawatch as soon as possible. It is felt that this permit could be issued subject to a grading permit being approved by the City Engineer and the developer submitting a letter agreeing that no occupancy permit will be requested until the final plat and development agreement for the P.U.D. have been recorded. BJN:ph cc: Dan Vogt Glenn Froberg Jim Norton Peter Pflaum Rick: Sathre Planning Commission :' :.;;;-.~---- ;; . ll. " r. .. -~bUA&&'REn~ B R O ('CONSTRUCTION ~. INC. 935 EAST WAYZATA BOULEVARD. WAYZATA, MINNESOTA 55391 . (612) 473-1231 January 15, 1986 To: The Honorable Mayor, Members of the City Council, and Members of the Planning Commission, The City of Shorewood, Minnesota Lundgren Bros. Construction, Inc. respectfully submits the following information for your consideration in their application for final plat approval of an area tentatively known as SAWATCH AT NEAR MOUNTAIN. 1. General site information: The site is a parcel located at the southwest corners of Covington Road and Vine Hill Road consisting of 13.6837 acres of land. (Gross) Within the site we are proposing two (2) public streets and one (1) long private drive to serve 39 livinq units. (Net acreage = 11.7303) The private drive, 3751 long x 251 wide will serve 9 units in the third phase of the development. The floor area of the 39 units totals 51,802 sq. ft. or 10.14% of the net acreage. Driveways for these units total 35,583 sq. ft. or 6.96% of the net acreage. 2. Unit information: The proposed 39 units will consist of 4 different unit styles (floor plans and elevations attached). Unit A - 950 sq. ft., 2 bedroom rambler - 2~ ft. height. Unit B - 1160 sq. ft., 2 bedroom 2 story - 2~ ft. height. Unit C - 1250 sq. ft., 2/3 bedroom 2 story - 28~ ft. height. Unit D - 1440 sq. ft., 1/2 bedroom multi-level - 23 ft. height. All of the units in the development have been designed as single family attached double units with the exception of Lot 1, Block 1, 3rd Addition which will be a single family detached home. The elevations of each double home have been designed to give an appearance from the street of one large single family home. Exhibit A LETTER FROM LUNDGREN BROS. CONSTRUCTION . ' ," .. . . January 15, 1986 City of Shorewood Page 2 Special design consideration has been given to garage treatments and separate entries in order to maintain the sense of privacy associated with single family living. Each unit has also been designed with interchangable building pads in order to provide flexability in the builder's sales mix. Furthermore, to enhance the single family 'feel' of the neighbor- hood the plat is being arranged in a typical lot layout with the shared lot line dividing the units through their shared common wall. It is intended that these homes will sell from about $70,000 to approximately $90,000 and will be owner occupied. 3. Site population: The overall plan for the Near Mountain site currently calls for 53 large lots, 60 smaller lots, and 160 townhome units. Based on the demographics of our previous developments we believe that our large lot homes will have 3.2 residents per unit (170 total), The smaller lot homes will have 2.25 residents per unit (135 total), and the townhomes will average 1.75 residents per unit (289 total) for a total population of 585 residents. Th-is first phase of Near Mountain consisting of 39 townhome units will be populated by approximately 68 persons. It is anticipated that the residents of this townhome community will fall into 3 general categories: professional singles, pro- fessional couples, and empty nesters. These units will be occupied by very few, if any, children. 4. Homeowner association information: As a part of this information packet you will find a typical Declaration of Covenents, Articles of Incorporation for a Homeowner's Association, and Association By-Laws. These are not the actual documents for this property but are substantially similar in form to what will be used. This area will be maintained by a homeowners association whose major responsibilities will include lawn care, exterior maintanance, Exhibit A-2 <~ . . January 15, 1986 City of Shorewood Page 3 garbage collection, and snow removal from private walks and driveways. In addition the association will maintain the entry monument, the berm area along Vine Hill Road and the p1antings in these areas. The Declarations and Covenents will grant an easement over each lot to maintain lawn area, private drives, patios, etc. In addition the Declaration and Covenents will grant an easement over the private drive in Phase III to provide access to the 9 homeowners in that Phase. 5. Tentative construction and marketing schedule On site improvements will begin as soon as weather permits after recording of final plat. Recordation of final plat should occur in 1 ate February. Model construction (Lots 1-4, Block 2, 1st Addition) should commence in early March. Pre-sale activity on the site should also begin approximately March 1, 1986. At this time we would also like to request permission to place a temporary sales trailer/office on Lot 12, Block 1, 1st Addition. It is currently anti cipated that there wi 11 be decorated model s by early May 1986. We feel that by October 31, 1986 (the end of the Lundgren Bros. Construction fiscal year) that there be 20 closed units. 6. Change since previous submittal The original approval on this site was for 40 units. Since we are only requesting 39 units on the site at this time we desire to transfer the one (1) extra unit to another area of the Near Mountain Development. Respectfully submitted, B i 11 A 11 en for Lundgren Bros. Construction, Inc. BA/md Attach. ~ Exhibit A-3 . Exhi bit B REVISED DEVELOPMENT PLAN -\ .-:. SIngle F_1y (Type A) 100' mln. width (it HtINlck Single F_1y IType 8) 7ft mln. width (it HtINlck NO. OF UNfI'S Appnwecl PropOMCl 1980 ~ 13 *24 28 .uouc _ * 3ft *20'-20' ",700 SF 31,200 SF 3ft 11-11 30' 10'-10' 10,100 SF 17,300 SF "- 2ft 2S Betw_ BuIld'" 21' 2ft BeIw_ BuIld'" ., 50 co-eftlll .... ... TOWMCIUM (North) 20 TOWMOUM (SouIII) 100 QUId Homee 40 3. 121 · I.AKEIHllIlI LOI'S TOTAL: 273 273 I I I I 1-- IL_ l' I: f-" 1- -- I ~ ~~ I L_ .. - ...... . ... , '. 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I, II ~- " q t II ) ,I II II I, !~- !l 'I 'I II 'I " I, I, --11 * II .. I' .. I' - - I' ,: II Exhi bit G PROPOSED BUILDING ELEVATIONS -- --:--.P-JO\. ~1-e.\d\3~DC:ilT -- - --:------ " i '~ =- , - -===.. ---:--=--=-=.=:::- -==--=-- -=--=--=== .=:r-=-=.=- -=- ----- :ii-- ~;;-T=-=-- r- - -=---=:::;: : ; i.' J i I . I --~~ . ---- --~- = .l...--.: ~ ap!!j J.lS!H ,..,.......,..". lJO!1l!MEl ~ "F==-=--=--="-=== ==---== F =;: I I I , --------------- ---- - --- ____________ ___ -- ------T I : : I m I " I, I.' i: !i . ."i, ....,.~l.;,.II"'(F'\i.kF~...l;ti,.~~, ..\i_......."'..+.-~~.~~b~" \:' lJO!1l!MEl ap!!j W'l --- - - ------ -------- 1---- - -- - ---- --- ----~ .;.'. ,..~'*l,."~\~.'-"'l'.....'+<t-.':..' N I '-' ~ .,-1 .0 .,-1 ..c: >< w . J I I f"" "_. In I J 0-0 NVld ~9 -- ---'I II __I, ~. ; l! . ... --11 - U-" 1\ - -II ! 'I -~I ---it - II II I t II II II II -11 -II h..4t --II 'I I, II II 1 \) 'I 1 II :. ~ .~ II ~ II , " II .g ... I' lU I' t ~ II ] II II ~'; h I' II i ~' : \I ~ ~ --', - I. ~ ~. " ,I II l' I' " I' II ) --II " ,I I' 1\ 11'1 " 'I " Ii " ,I Exhibit G-3 ~'.. ,. . . / ( r ~ \( ORR .SCHELEN. MAYERON & ASSOCIATES, IN&. Consulting Engineers Land Surveyors January 31, 1986 Planning Commission City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Re: Near Mountain P.U.D. Phases 1, 2, and 3 Shorewood, Minnesota Dear Planning Commission Members: We have reviewed the proposed plans and specifications from Sathre-Bergquist, Inc., and from an engineering standpoint, we have the following comments. Site Grading All proposed slopes should not exceed 3:1 unless retaining walls are constructed. If retaining walls are constructed parallel to proposed roadways, they must be constructed a minimum of 5' in back of curb to allow for snow storage. The steep grades along Sawatch Pass and private drive should be 3: 1 with a 5' minimum boul evard for snow storage. Some trees may have to be removed. Necessary erosion control will be required on all Slopes during construction. An erosion control plan must be submitted prior to construction. Streets No grades shall exceed 6% as shown in the Subdivision Ordinance. In the area of Sawatch Pass (private), if the P.V.I would be placed at approximately Station 4+50 this could be achieved. Vertical curves should be designed for 30 mph wherever possible. The centerline radius for the curve from Covington to Vine Hill Road should be 430 feet for a 30 mph design. Sanitary Sewer The sanitary sewer--ap-pears alright as su&rititted. Apennit fr.om MWCC will be required for connection to the existing s-ewer on Covington Road. A permit will also be required~from the Watershed Distrfct for crossing Purgatory Creek. The precast manholes~~st h~ve integral boot~.!or ~~pe installation. Water Main The water main appears alright as submitted. A permit from the Watershed District will also be required for the Purgatory Creek crossing. 2021 East Hennepin Avenue · Suite 238 · Minneapolis, Minnesota 55413 · 612/331- 8660 &3 ... I . . I Page Two City of Shorewood Planning Commission Janua ry 31, 1986 StoN Sewer In Irels where flared end sections are to be constructed, the list 3 joints lUSt be tied. Rip rap should be placed in accordance with Mn/DOT Specifications. A valley gutter should be installed on the north side of Near Mountain Boulevard at Sawatch Pass instead of the west side of Sawatch Pass at Near Mountain Boule- vard. A pennit will also be required from the Watershed District and the DNR. Sincerely, ORR-SCHELEN-MAYERON & ASSOCIATES, INC. r 1: 101.~ , James P. Norton, P.E. Ci ty Engi nee r JPN:mlj cc: Planning Commission Members .. " ,.. . . MAYOR Robei'tRucop COUNCI L Jan Haugen Tad Shaw Kristi Stover Robert Gagne ADMINISTRATOR Daniel J. Vogt CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD. MINNESOTA 55331 . (612) 474-3236 MEMORANDUM MAYOR AND CITY COUNCIL BRAD NIELSEN .~ DATE: 6 FEBRUARY 1986 TO: FROM: RE: MEADER, JOHN - C.U.P. FILE NO.: 405 (85.27) Last September the City approved a conditional use permit for John Meader to build a self-service car wash at 24425 Smithtown Road. The approval was subject to the applicant's submission of a revised site plan, showing changes requested by the City. Since then Mr. Meader has turned over control of the property and his application to Msrs. Scott Mann and Stephen Kellogg (see Exhibit A, attached). The new applicant's have submitted a new Site/Landscape Plan (see Exhibit B, attached) in accordance with the preliminary approval given earlier. The plan is consistent with recommendations made by the staff and Planning Commission, specifically: A. The boulevard area has been widened to accommodate additional landscaping in the northwest corner of the site and on the west side of the entry drive. b. Landscape materials have been increased significantly along the front and east side of the site. In addition a landscaped berm has been provided on the west side of the driveway. c. Understory plant materials have been added to the east side of the site, and evergreens have been interspersed in front to enhance the landscape in winter months. In response to recent concerns over developers' financial capability to complete the project, the applicants have submitted a letter of commitment from the Minnetonka Bank (see Exhibit C, attached). A Residential Community on Lake Minnetonka's South Shore 1 ! 'I" I-< Q) Q) Q) .u ~ "Q ~ .,-1 Q) .u Q) =' 00 "Q "Q 0 ~ .u .u .u 00 e 't:l ~ III .u III Q) .u ~ "Q ~ ~ I-< III >-0 0 .u 0 Q) Q) .,-1 .u e "Q =' I-< ~ 00 ~ .D Q) .u 0"0 =' .u Q) ..;t :> Q)~ 0 ~ ~ 0 t: I-< U Q) ~ I-< .,-1 't:l e Q) 't:l 0.. 00 ~ ~ Q) e .D e .u .,-1 Q) .,-1 I-< =' .,-1 .,-1 .u 0.. .,-1 0 00 't:l 00 X Q) =' u Q) Q) .u Q) ~ 0" Q) .... .u I-< ~ ~ Q) I-< N .,-1 U Q) .u Q) I-< 00 e 00 ::I: ...... 00 0 ~ Q) =' Q) .,-1 0.-1 0 't:l 0 :> e Q) "Q U . N ~ 0 "Q .u ~ .u III I-< I-< .u .u =' .,-1 t: Q) 0.. .,-1 "Q 0 0 00' .u e't:l e .u U .,-1 ~ .u .,-1 Q) 0 .,-1 Q) .u .,-1 Q) I-< I-< :J >-0 .u U 0........ Q) U ~ .u III Q) ell .u .u .,-1 't:l 00 U< .,-1 ~ .u ~ U 00 00 0 .,-1 Q) 0 ~ 't:l e .u Q) .u 0 ~ .'t:l I-< I-< 00 "Q ell- ~ Q) Q) .,-1 .u 't:l 00 ...... 00 III .u 0.. 00 Q) .u ~ .u ~ >-0 > 00 ~ Q) .,-1 Q) Q) Q) 0 .D 0.-1 ~ Q) "Q 0.. 0........ 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"Q Q) I-< U .,-1 00 00 U oo't:l Q) ...... 0>1:> "Q 0.. l3.4't:l .,-1 > Q) 0 .,-1 ell I-< .D ~ ~ Q) ~1lO ~ ..u 0.. . 0 ...... ell 0 ) ...... ~O 0 0 t: ~ 0- III ::;:l 0 0.. c..a--! .u .u 0.. 00 .u I-< .u ell .. .... 1-1 s:: . ) 0.. 0 0.. .,-1 00 OO~ I-<~ ~ ... ~ 0 Q) U Q) ell . Lf"l I-< .u ell 00 ~ 0 0 Q) Q) >. 0...D I-< Q).... 0 00 .,-1 > ~Z .u "Q 't:l I-< ::s Q) 0 Q) .,-1 ell Q) ...... ~ ~ .u 0.. III III 0 :z: "Q"Q "Q .,-1 ~ I-< Q) "Q ...... 0 ~ Q) e 0 Q) Q) ::s ) ~ ~ l3.4 E-<OO E-<'-' 0 0........ E-< < N ell...... .,-1 U .u ~ I-< ..u ~ Q) "Q Oe" ....., 00 00 .D OO::;:l 0.. Q) Q) III . ~ 00 U j:l:lU .... N l""l ..;t Z Q) III ~ ....., U t:lI:l>l:> 0.. t:lI:l j:l:l u '........ . . January 22, 1986 Cl ty of Shorewood Shorewood, MN 55331 I hereby assign my rights to receive a permit for the construction of a four bay self service car wash in your city to Scott J. Mann and Stephen Kellogg. STATE OF MI~SOTA ) ) SSe COUNTY OF ~ 10,;) ) On this ~~y of -L...._:1, 19S.I!" before me, a notary public wi thin and for said COunty, personally appeared John Meader, to me known to be the person described in and -who executed the foregoing instrument and acknowledged that he xecuted the same arMS free act and deed. XAAJ.)J:f.J.AJJ':w~.~.~1. '.',A,,~~ ',IlA^cJ"ll.'V. V.AA 'l< ~ .. " . ~~ -- I" ::( 1f-'7" [. ,:,. ,; E. r,O...J I t' ~ (C!"" : CT.; ;' .. ^~"f"Vl\'.~'''-:''' I ~ . f I' ",'1' '1".' ,........ Exhibit A TRANSFER OF PERMIT APPLICATION .. ~ -..,;. So --..... ... ~ 10, _ '-...0 ...... Co ""'_ -.- -..- .~ ,,~-- ~~~.~;-,-' :'""k' w "" ~ . ~.~~ --~. ~ ~ ......... !Hla _ ---. ----.~ - / _.'\....e.~ ('~ I . 1'-- 1 +- J!>..d eo< t te... '1"16~" r..... ....Pt~ -0 !E / J i il 'V / I I I I I I I I I .!)' I ... I ~. / -""1 ~ i... - ., - -""".'~''!<o.oi-dJ$c'-'''' -'''!i;-;''-"~'-',~,::,:\,,,,,;, tf?;>~. /., _...". ___- o. 5";~"'~ /. , \, ./ '~''\./ / ~ ~-:' ---:~ ...."'-l.."T'...._ ~ ~ ""l't'I'\.A"....... ""'--.,....- ...~~1W.~ ...... " / / '--':~~'~~-''^~J~:;''';'' r.'"'' t<i' i, - ./i ..-' ~. /' - .' ttJI ,.. /" ..- ~ - --- ---- .- I / / I I ' .... .-- ."1- ------ r ..-~ , . _....,t> . ..", " '~-<'" . /". .':i. . .... .f......./"/ ", o(P _?'. ..~~." ,./ A\.'/ - <.....1\00 ',,' .. ...~ . - -' ... ~r- r / //t/ / ~~II-l ~ .C....... ;~. ...~~ ~. .-,/ i-\ :..-- ~' I ~e. ~...~__: ~l"c:.u -~ .......co I --I r= I ir ,- I I --:! ~ " ~ \1 ' -"'+ . I i i / I / .- . ........ ::w.., '-.. - - I'. -~........ . ~__ ~~ Iso.d r~~~'-:-D1~ eO- D ..... ~.~.$ I / J .~. '~1 ,).: ~. . ,,":"~"'" ~. .....0.- ~O ~. ~,~t;ft"~~':--'- :~:.-.....:\, ~-- ,f#' ,1/1 #1P /- ""'- -""{ ........ ~/ " ,. ... ~ . ~ I~ . f' I .[1 -.:ti\ ........... -:- $ ~ I . ." I~","./ --~_ ~.T?'c:.... ~ ~ , : Ji / T""'~ '" t{::~,~ ~...-: Jr" :~J", \/1 . I ......... yo ."'--......., .........., / - ('~ '1 --, Ill/ - ~~ I ~ - / '-- ~., 1 / / / / / - / . ........,.,...,." l&d "'~.. ",",.0_ / / - - 'lto'Z. - "V.ll!.'lI"...-..-o ---@- f'lII..c:ll"'o~ . ~.-o ~(_) / _'~\V"'''._ / - ----"", II .~ .0 "':\ a " 1"eO__-'=' _ ~ ~~~F~ (5) CNf"'\ ~ l'\IIGI L.' Ti. tMAe' co. 1'0. I", ~ I'D ~&ll~O,""''''''' . It:l- I'-d ~:u..,'~ '"-"...eo _ s. !"'lee, -C. .o\IL",,"~ ;- / I. .]........-"""' ~. - . ~ i . ~ t.- .....~ f- ........ O'S ~. c<t:. CD. flIP. '"' <..~~ fIlO~ I .... Exhibit B REVISED SITE/LANDSCAPE PLAN ~~~~E~~~~~~~~~!~ . . . .' . -, ,> . . i -.. The I Bank 411 WATER STREET P. O. BOX 417 EXCELSIOR. MINNESOTA 55331-0417 PHONE 16121 474-5981 January 24, 1986 Msrs. Stephen R. Kellogg, Michael J. Hilbelink, and Scott J. Mann 310 West Point Road Tonka Bay, MN 55331 De a r S t eve, It i k e, and S cot t : This letter will act as our commitment to provide financing for you, up to $110,000.00, subject to the following terms and conditions: Borrower : Corporate entity comprised of tHchael T. Hilbel ink, Stephen R. Kellogg, and Scott J. Mann Borrower's Address :310 West Point Road Tonka Bay, MN 55331 Amount of Commitment :$110,000.00 (the aggregate of 66S of structure and improvements, 66~ of equip~ent, and 75~ of land, based on cost or appraised value, whichever is less.) Rate :1 Year "Adjustable Rate Hortgage" Index Rate: The U.S.Treasury Securities three year constant maturities rate as published by the Federal Reserve Statistical Release H.15(519) or successor index (Current Index Rate: 8.75; 12/9/85). Ilargin: 3.50~ Adjustment Period: Eac sar Exhibit C FINANCIAL COMMITMENT Locations in Excelsior and Shorewood Shopping Centc. . . Security :A First Real Estate Mortgage and Fixture Financing Statement on the subject property located in Shorewood, Mn. (old Clark station on Cty. Rd.. 19), inventory and equipment~ Guarantors :Each of the following individuals will guaranty the entire loan: Michael J. Hilbelink, Stephen R. Kellogg, and Scott J. Bann. Term/Amortization :9 year maturitY/36 monthly payments of $1650.00, interest first balance to principal, then $1,000.00 per month, interest first balance to principal. Purpose :Purchase land, construct and operate 4 bay car wash. Special Conditions: A. The Bank will be provided a policy of title insurance issued by a title company acceptable to the Bank insuring the validity of our lien, the priority of our mortgage and that marketable title is vested in the Borrower's name. D. The Bank will be permitted to employ legal counsel to draft all related loan documents and to assist the Bank throughout the entire process. The charge for this service will be paid by the Borrower. C. The Bank will be prov ided a policy of hazard insurance on the subject property at least in the amount of the outstanding balance on the loan from time to time. This policy of hazard insurance should list The Minnetonka Bank as loss payee. D. At closing, the Borrower will pay closing cons ~stimated in the amount of $2,225.00 and it~~ized as follows: 1.5J Loan Fee Mortgage Registration Filing Fees Title Insurance Appraisal Bank Attorney fees $1,f50.00 Tax 165.00 30.00 380.00 Billed separately To be billed $2,225.00 Exhibit C-2 ~ --- - - . . E. The Bank be provided with a copy of the City of Shorewood resolution allowing a 4 bay car wash to be built and operated on the subject property. F. During the life of this loan, the Borrower agrees to provide the Bank with annual corporate financial statements and annual personal financial statemen~s of the guarantors. This commitment if signed by all parties and returned to The Minnetonka Bank by Friday, January 31, 1986, shall be valid until May 20, 1986. Very truly yours, ~~D--~/>' Mark D. -Lee Vice President MDL/mdk Accepted by: /-JI- <f(p Date s&l.Kel~S~jJ ,. 30. 8L Date $fJ fl;Y~ Scott J. Bann 't- 3 / -?fC( Date Exhibit C-3 .. 3 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: 30 JANUARY 1986 RE: HERITAGE RESIDENCE - FORMAL APPLICATION FOR COMPREHENSIVE PLAN AMENDMENT AND CONCEPT STAGE APPROVAL OF P.U.D. FILE NO.: 405 (85.39) BACKGROUND In December of 1985, First American Care Facilities, Inc. submitted preapplication plans for a Comprehensive Plan Amendment to allow a higher density than currently allowed by the Plan in order to accommodate a proposed senior.housing project. The applicant proposes to build a 73-unit elderly housing facility on approximately 4.8 acres of land located on the east side of Riviera Lane, just north of State Highway 7 (see Site Location map ~ Exhibit A, attached). Having received a relatively favorable review by both the Planning Commission and City Council, the applicant has now submitted a formal applicatimn to amend the Comprehensive Plan and requested concept stage approval for a planned unit develop- ment (P.U.D.). Additional background information is contained in a staff report, dated 30 November 1985. ISSUES AND ANALYSIS The 30 November staff report raised a number of basic issues to be considered in evaluating the Heritage Residence proposal. Following is an update on those issues. A. Land Use/Density. The previous report suggested that one issue to be addressed is the need for the type of facility which is being proposed. In response to that concern the applicant has provided a brief survey of senior housing projects in nearby suburban communities (see Exhibit B, attached). While the figures provided indicate a demand for housing, it must be realized that the examples provided are all subsidized facilities. The Heritage Residence is proposed to be a market rate rental project, which presumeably will.have a somewhat sm~ller market. Although the applicant admits that the figures may be a little mis- leading, he states that there aren't any projects in the area that are similar to the Heritage Residence, thus making comparison difficult. A Rtllidentllll Community.~ W"Mlnnetonb', South SJw" /0 ,-.--, "'-C-'-,''''' """>:,~""",->:,_,:",,,"~<,"._.-,..._.,~.:...,..,.. ,<\w__ .~.,....."._",_.,..."" ~"~"~~"" 'Y'~~.~"~-."'~~'."",, ',-' -,..._.-~.<<".....,,,,,".... -,' <,"",~~~~.,~.,!:';W{,r(~"~~~/!i~~~'~'W'~''i'''~~1!'f~'~r.~~~~~m~~~,~~~~~l Re: Heritage Residence 30 January 1986 page two Still, it would be desirable to have such market information available. If need be, the staff will conduct its own survey of unsubsidized senior housing projects in the Metro area. Hopefully, the results of our study will be ready in time to be discussed at the public hearing scheduled for 4 February 1986. The first report also suggested that information be provided relative to occupancy characteristics in order to compare elderly housing with other multiple-family housing. The applicant has provided the information contained on Exhibit C. This information, however, appears quite speculative. Prefer- rably, statistical information from other senior housing projects would have been provided, particularly with respect to number of persons per household. The purpose for requesting this information was to determine what relationship exists between elderly housing and other multiple-family housing. For example, if the average number of elderly persons per household was 1.2, while the average apartment contained 2.5 people, it could be assumed that two elderly units would be equivalent to one multiple-family unit. It is worth noting that the average number of persons per single-family household is approximately 3.2. B. Zoning. As mentioned in the previous report, P.U.D. zoning provides assurances that the project will be developed and maintained as housing for the elderly. This is accomplished through the development agreement and deed restrictions. The applicant has requested that the concept stage of the P.U.D. process be reviewed simultaneously with the Comprehensive Plan amendment. Given the similarity between the Comprehensive Plan amendment process and the P.U.D. process, the two approvals can easily occur together. Another zoning issue which must be resolved is the amount of parking which will be required for the project. The Zoning Ordinance requires one space per unit. The applicant suggest~ .66 to .75 spaces per unit. Certain factors suggest that one space per unit is not an unreasonable requirement. First, the lack of mass transit service in our area may require greater dependency on private automobiles. Secondly, the people who can afford market rate housing may be better able to afford their own car than residents of subsidized projects. Finally, there must be adequate guest parking for visiting families and friends, particularly during peak periods such as holidays. C. Site Access. When the formal appUcation' was received, the proposed entry to the site was thr.ough Lot 19, Linden Park (a triangular-shaped lot located between the subject site and Lake Linden Drive). Exhibit D shows the proposed access. The applicant has subsequently changed his mind and proposes to locate the entry road along the south side of the Reutiman property, immediately east of the subject property. Obviously this will require a revised site plan. While the applicant has not stated so, it is assumed that they will propose a private road. If so, agreements must be re"ached with abutting proper.ty owners rel~tive'to use and mai~tenance. As mentioned previously adequate turnaround must be provided regardless of whether the road is public or private. Re: Heritage Residence 30 January 1986 page thl1ee D. Parks. The previous report suggested that the recreational needs of the elderly may be less than the other segments of the population. It is therefore suggested that the Park Commission make a recommendation as to whether there may be justification to reduce the park dedication fees for elderly housing. E. Utilities. According to the City Engineer sanitary sewer service is adequate to serve the proposed project. City water was identified in the preapplication process as "one of the most signficant issues" involved in the Heritage Residence proposal. As it turns out, it is likely to be the most significant issue. The Council directed the City staff to prepare a list of options as to how water might be extended to the subject property. Having discussed the matter, the following alternatives are presented: 1. The City could extend the water line and assess the cost to all benefitted property owners along the way. 2. The City could negotiate with property owners who would benefit from the improvement and assess the cost only on a voluntary basis. 3. The developer could install the improvement, negotiating with benefitting property owners to reduce his cost. 4. The developer could negotiate with other property owners to petition the City to install the improvement and assess the cost back to the petitioners. Given the City's current policy on water service, the first two options are not considered viable from the City's perspective. In fact, it is likely that the first option would create opposition to the project which might not occur otherwise. In discussing the third and fourth alternatives, the possibility of some sort of payback system has been considered, similar to our arrangements with Boulder Bridge, Woodhaven II and possibly a future agreement with Shorewood Oaks. The developer has informed us that only the fourth option il1 potentially viable from his perspective. He intends to pursue this alternative to determine whether enough participants are interested to make the project feasible. F. Site Design. Given the change in access location, the proposed site plan will need to be modified. A major decision which: remains to be made is whether or not the road will be public or private. Overall site design will depend on that decision as well as a decision on the amount of parking to be required. \",,~i,,?;,'::i,:.' F~:~,}'l":;:<: _{_""o..>".>~'_""""......... ....'r."..?f<"'..,_~,.,.""""_".t~~lI!O~~~I~IIINIWl>_- ,. '. f J" :"'" ".''''<(j'''Vi ''l't" ",: ~ '.'''', ".\>'~"" .,~"," . ,6> .~ ,"""_"'". ': ...,.np.~'".~"""CfJ" i~i!'" ,V".:'","?"i."." \"" i:" ".,""<\< .l" "; , "~i...' ! "" ,,::. ,,,' ". .. "' ih. J ''', ..'il;.":'l'!'!''"'''''' "".'.""""'" .'\ Re: Herita8~ Residence 30 January 1986 page four RECOMMENDATION Based upon the preceding analysis, a recommendation on the proposal at this time would be premature. Once we receive the information we've requested relative to the anticipated market and occupancy characteristics, a decision can be made relative to land use acceptability. In the mean time it is suggested that the water issue be referred back to the Council for further discussion and direct ton. BJN:ph cc: Dan Vogt Glenn Froberg Jim Norton Joe Gorecki Ellsworth Johnson ..;:.....--- ,~V"--_~..,""'^ I\~~r~ .'. _ I!Y ! ..~ .'!r"-'''' 711'~.h ~~l C- ~ \\ ~ \ · -- lIH '~ ~ q. ,...l-- fi ~ ~~ '- '- -;:-, -=--.. ( ..., --...J~ : .:- K('" \. . ..-..-- /- \\ ~ ~v ~ f( : f '--L----; -e-~ \\ ' ~ !~ ~ \( ~ I ~ '_____m \ . ('...j B " ~~-~~' ~ i l~ \',. I -<- i .-J"'j ~ -r\ ~ ~i i ;1 ~':~\ '~ !liS, \ i\' ~ ! ~ 0'( t 1~ i3 ~"'~'~II ~D -1 ..::j1 ~ I ,. ,.. ~Z I ~ ~ ~*J :::1::: "4 I~/~"".. ~.-1 : . ~I ;1\' , r ~\ \' . illt.~ _~ ~./::-- : ~~ , ~ .1 i \ ~ l' , ~ ~ ~ · r- -", '" ,.. . '. I ~r) :JLi';~l1\L I ~~J .......,~ or )"; ~ . tJ ~ '( ~ .., ~ --- ~'-. C ~:'" ___m_ -... . 4 ~ ,J --------; ~ . ;!'>- ~ ...:.... VJ.>- d ~ .~ ~ I ~. , · ~.~. rl\ ......::::J . 'iY'~ 7"" ( ,I "c.._ ". .. \ f::rul- : ---u-"-T-L ~ I I N/?::- ---'.---- - ~ ~-----' -..------~l t- J : : ~ \.\~ 1 -- t t# J I J W ____n__ _..ll \ ..'\ 1 ---.-..-----00 [/J~- -~;.- +-- r _.~ .- t::::: . - -' .. -. - \\,..,. Jr r> pn;l1 _____ ~. ( I ... _ __ _ __ J U J , ." \.. Exhibit A SITE LOCATION Heritage Res~denee 1 "".,~, ."...,......,0..-;,'.'.. ,',-'"'.",,,,," "",~""." ".,..".,."".,..~ ,..~,.",.. ,...........'..., _'.~o> .-- ,__ Jafvert mueller and mundt architects Inc. HERITAGE RESIDENCE 73 Unit Seniors' Housing Shorewood, MN Survey of Seniors' Housing in Nearby Western Suburban Communities No. on No. of Waiting Parking Buildina Location Units List Spaces Comments Southshore Excelsior 66 50 32 (4.8) Would like more Park Apt. spaces for guest parking Westonka Mound 41 30 19 (.46) 9 parking spaces Estates used Edendale Eden 61 24 24 (.39) Would like approx. Residence prairie 10 more parking spaces Westview Waconia 111 0 42 (.38) Bldg completed 1985 Acre Apt. 29 units not rented. 15 spaces used. 20 unattached garages used. More guest parking needed - The above survey was completed January 6, 1985 - The long waiting lists would indicate a need for seniors' rental apa.rtments - .38 to .48 parking spaces per apartments does not appear to be adequate. We estimate .66 to .75 would be sufficient. pab Exhibit B SURVEY OF SENIOR HOUSING Prepared by applicant south office: 3600 west 80 th st.. suite 35 bloomlngton. mn 55.01-1070 tel.(612l 893 -1005 .. , ".'.''''1'",-,.""",.""". {.;.:.....:.:.',,:,' .......,.,,:..,..:..,.'.,.' .-- 1__ jafvert mueller and mundt architects inc. HERITAGE RESIDENCE 73 Unit Seniors~ Housing Shorewood, MN Statement of Occupancy Characteristics for Seniors' Housing This 'seniors' housing is proposed at the site indicated (north of Highway 17 and west of the shopping center) for the purpose of being in close proximity with the grocery store, shops, doctor's office, and major transportation artery, as the seniors who will rent th~ units will have the following characteristics: - Age 62 or over. Some tenants will be couples, although experience will show that the majority of tenants will be single and female. - Ambulatory (except for possibly four in handicapped units) and in reasonably good health. - Medium income level with perhaps a minimum of $9,000 income plus social security monthly payments. - Have "roots" in Shorewood with possibly family members living in the community. - 'Be automobile drivers but may not have a car because of preference or health reasons. - Come from larger, single family homes, nicely decorated and amply furnished. - Prefer to do their own laundry and cooking, but would appreciate being served one meal a day in well designed central Dining Room. - Prefer housing with security, knowing that their home is secure from fire, theft, and cold., Also, knowing that help is quickly available should something happen to them. ' - Like the open and natural areas of trees and w4ter. Exhibit C STATEMENT OF OCCUPANCY CHARACTERISTICS south office: 3600 west 80th st.. suite 35 bloomlngton. mn 55"31-1070 tel.(612l89l-1005 ~x G . , . -~-A , l I, U.I Z C ~ c a:: U.I ;; a: ~ ... " I I L-- Exhibit D REVISED SITE PLAN .' "";'- " ;:", ";)c""~' ;J ",j.:. ., c ~ c CI,. j ~ /::;,~" " ." .1 r ;"/'_ " I , t. / t / ., i j /'.- .. ~ ,f ""-..'1' ) " j L ~ /,/'; rJ S 'F I;. ,]1 -~ :~f,~ I-- ~.-U - r . - ; .-i :. ~ ---: r 1f,.sz..'LI.~ " .~~ ":.. -: '. y , -- C) ... '-' \ . ~/ r----~ , J -. r "'.'~'*iffr f,tl. ~~ i ;!;! ~J ).!II....... I \' ~ I ii ~UJ.. i . ill I.~.. I ,\ nL, ~ _ u I ; ;1 ~ .... \,. ~l a = ,~"1 w . \\ . \ ,:t::..., i , '(",\ . .' '.... \ \ I , \ \ \ t f .~ ' ,..'\ '.,..; ;,\D' i.\ ,\ '- $ i;~ ~ i;l...~ '~ \ " ~ i~' ~ ~t\,- ,,,& .,' ,,'..-4 I 'f ~ ,~" v ~ . ,-~ ~l Iri~4: ~/'--4 \ ~;, __ " .(,,," . ~. ,~\-..;, '. ' (, /' \ "i"-.(') ____-- ':.~- / \ .. f; \~'/. ........"p.,"".. \,~\ ~~~:-.,t\"\.\~ , "'I' " ., _~, - . ~'>' . \ "'. .':. ,. / -I _,,~.. : ~ " .. _ 'C '\ '..\ ~. ',,~ ! -, ~~l.ol. -,_.oJ....,/" ','. ~ '. :. :y ~+;"'''./ \ I( "':. . ---// ---- . A j .\ 4 ..~ , \ .\' \: , j' v>. \ ~\~ ,,' , .... .,N' ,\ \ ~ / / -' ----- L k..,rt.H~'H i , ) ~- i 1 I ..~ .~ , . . CITY OF SHOREWOOD MAYOR Robert Rascop COUNCI L Jan Haugen Tad Shaw Kristi Stover Robert Gagne ADMINISTRATOR Daniel J. Vogt 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 . (612) 474-3236 MEMORANDUM TO: PLANNER NIELSEN AND THE PLANNING COMMISSION, MAYOR RASCOP AND THE CITY COUNCIL SUE NICCUM FROM: DATE: FEBRUARY 4, 1986 RE: HERITAGE RESIDENCE - PARK COMMISSION RECOMMENDATION AS TO WHETHER THERE MAY BE JUSTIFICATION TO REDUCE THE PARK DEDICATION FEES FOR ELDERLY HOUSING. Kooi moved, Lindstrom seconded, to recommend to Council that the Park feebe paid the same as it usually is, with no reductions. The Park Commission also wishes to state that they will consider future needs of the elderly in all parks. Motion carried unanimously. The,reasoning behind the Park Commission's decision was that the fact that it is elderly housing is irrelevant as long as it is a profit making organization. A Residential Commonitv on rake Minnetonka~<; Sooth Shore . . CITY OF SHOREWOOD MA. YOR Robert Rascop COUNCI L Jan Haugen Tad Shaw Kristi Stover Robert Gagne ADMINISTRATOR Daniel J. Vogt 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 . (612) 474-3236 MEMO TO: Mayor and Councilmembers FROM, Dan Vogt ~ DATE: February 5, 1986 SUBJECT: Weight Restriction Ordinance Concerns At your meeting of January 27, you requested that those individuals and firms that have concern over the Shorewood Weight Restriction Ordinance write to the City voicing those concerns. I have attached a letter from Quality Waste Control, Inc. relative to this request. If more response is received, it will be forwarded to you prior to your meeting of February 10. After the last Council meeting, I forwarded a copy of the Ordinance to the fuel oil distributors listed in the yellow pages serving this area. I also plan to contact several other businesses in the area that may use our street system in order to find the weights of their vehicles. This is a suggestion of Councilmember Stover intended to get an idea of which firms this Ordinance will affect. Representatives of the garbage collection firms and heating oil firms plan to attend the meeting on the 10th. It is also possible that representatives of the Minnesota Chapter of the Solid Waste Management Association and the Northwest Petroleum Association will respond or attend the meeting. As was discussed at the last meeting, a great deal of Council and staff time went into formulating the Weight Restriction Ordinance. The intent has always been to try to save the streets. The Ordinance is not only tough on those doing business in Shorewood, but will also cause quite a bit more work for staff due to the permitting process on restricted streets. This may involve a good deal of the Public Works Director's time. Therefore, as you and I have stated to the concerned firms, if an alternative can be found that not only saves the streets but also doesn't restrict business or raise rates, it would be welcomed by both sides in this issue. This item appears on the agenda for the February io meeting for your deliberation. DJV:ph A Residential Community on Lake Minnetonka's South Shore II .... . IrOFEB 051988 . <t)uality .astt C!tnntrnl, JUt. 1901 West 144th Street . Burnsvllle. Minnesota 55337 435-3454 or 435-3455 February 4, 1986 Robert Rascop, Mayor City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Dear Sir: In reply to your letter dated January 28, 1986, regarding the weight restriction ordinance: we have put together a list containing some of Quality's beliefs, q~estions, and problems concerning the weight restriction ordinance. (1) A substantial rate increase to the home owner for collection service, caused solely by the new weight restrictions. One thing the Council should keep in mind is that with added collection cost due to road restrictions, there might be some people that can't afford service or simply refuse to pay the cost, thus people will be looking for other alternatives for disposal, such as ditches, city parks, shopping centers, etc. Also, may the Council keep in mind that we are entering a new era in the disposal of garbage. No longer will garbage be buried as a cheap method of disposal. Plans are already being drawn up for incineration plants, RDF plants, and transfer stations. In short, new disposal costs will be expensive. Is it absolutely necessary to add more costs to the collection process by hampering us with road restrictions? (2) In regard to parking trucks on your exempted, streets and sateliting with smaller trucks. We question the safety of blocking off a lane of traffic with an idling and unattended garbage truck. Does the Council realize that in order for the satelite truck to dump into the large -.. . . City of Shorewood 2 February 4, 1986 truck, the satelite truck will be on the wrong side of the road and driving into on- coming traffic? Who will provide and pay for the necessary flagmen or women required to do this? Will we need road signs and bar- ricades? Needless to say, transferring garbage from one truck to another can be a very messy situation with a lot of blowing paper. Are there any particular homes we should do this in front of? We won't mention the smell or noise of a diesel engine running in one spot all day. (3) We believe that eliminating garbage trucks from your streets will not fix your streets. Our trucks are routed in a most efficient way as to travel down anyone street only one time a week. (4) We believe in Free Enterprise. Competition has always set high standards for services to any community. Competition also regulates the prices charged for those services. We have listed only some of the problems and questions in regard to the new weight ordinance, and at this time Quality Waste Control, Inc. shall ask the Council to reconsider the exemption of garbage trucks from the new weight ordinance. However, we want it to be known, to the Council and the residents of Shorewood, that you have our full cooperation in this matter. We are concerned. Sincerely, s:G~ p~.. Steven Palubicki Quality Waste Control, Inc. SP:sot " /' ./ CITY OF SHOREWOOD PLANNrNG.COMMISSION MEETING TUESDAY, FEBRUARY 4, 1986 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. M I NUT E S CALL TO ORDER Chair Leslie called the meeting to order at 7:34 P.M. ROLL CALL Present: Chair Leslie; Commissioners Reese, Benson, Watten, Schultz; Council Liaison Stover; Planner Nielsen; Planning Assist. Helgesen. Absent: Commissioners Spellman and Mason (excused). APPROVAL OF MINUTES Watten moved, seconded by Schultz to approve the Minutes of January 21, 1986 as written. Motion carried unanimously. 7:30 PM PUBLIC HEARING - FORMAL APPLICATION FOR A COMPREHENSIVE PLAN AMENDMENT AND CONCEPT STAGE APPROVAL FOR A P.U.D. Heritage Residence (First American Care Facilities, Inc.) - Property east of Riviera Lane/north of Highway 7 Mr. Jerry Mundt, architect, reviewed the highpoints of his preapplication stage presentation, including appearance of the building and its interior units, land- scaping, parking and driveway formation. He said the access site to the project is subject to change due to the availability of land. He also stated that the developer, Mr. Ellsworth Johnson, is suggesting postponement of approval of the project to enable him to submit additional information, in approximately three weeks. Public portion of the public hearing opened at 7:38 P.M. Larry Bader, Maple Grove said he is interested in the land north of the project site as he would like to build a single family home on same. He inquired as to the proposed land changes and removal of some existing diseased elm trees, and if City water was being proposed. Mr. Mundt indicated that the dead trees would be cleaned out. Planner Nielsen explained that the developer is still working out the details of extending water to the site, but that the s.taff has suggested the following four options: 1. The City could extend the water line and assess the cost to all benefitted property owners along the way. 2. The City could ngotiate with property owners who would benefit from the improvement and assess the cost only on a voluntary basis. 3. The developer ~9uld install the improvement, negotiating with benefitting property owner~ to reduce his cost. 4. The developer-could negotiate with other property owners to petition the City to install the improvement and assess the cost back to the petitioners. He said that the developer is planning to work with Option No. 4 and negotiate with the property owners. Planning Commission Meeting Tuesday, February 4, 1986 page two Planner Nielsen also said that the developer is planning to submit more details on market studies which will include comparison data of other nonsubsidized elderly housing facilities. Mr. Bader asked if a petition for water would include other area property owners not necessarily on the extension path. Planner Nielsen said that the developer is proposing neighborhood meetings and would include potentially affected property owners. Gordon Schmidt - 6030 Lake Linden Dr. said he feels that connection to City water should be mandatory for developments. Kurt Tiech - Marilynwood lot owner questioned the proposed traffic pattern. Mr. Mundt pointed out how traffic would have to access the project site via Lake Linden Drive. Public portion of the public hearing was closed at 8:00 P.M. Camdssioner Schultz asked Planner Nielsen to clarify how water service would be assessed, and if the proposed .85 parking space per unit would be adequate. Planner Nielsen replied that the City would need to do a water feasibility study and work out a rate. As far as parking space is concerned, the Zoning Ordinance requires one space per unit. Mr. Mundt said they are willing to comply with that requirement if necessary. Commissioner Watten asked to have the water extension path clarified. Planner Nielsen said that currently Badger line extends east to Wood Duck Circle along Gillette Curve. Any further extension would run from the corner of Gillette Curve and Minnetonka Drive, then across Yellowstone Trail to Lake Linden Drive and south on Lake Linden Drive. The cost estimate is about $300,000. Watten asked Mr. Mundt what they would do without City water and was told the project would likely be cancelled. Joe Gorecki said he had spoken with Ev Driskill of Driskill's Super Valu who said the shopping center merchants would like to see City water at their location. Liaison Stover pointed out that the Shopping Center is owned by Ryan Construction, not the store merchants. Camdssioner Watten stated concern that the 1 acre single family lots surrounding the project site within the Rl-A District would become unsalable being next to a high density housing facility. Mr. Mundt said there is plenty of land with landscape screening around the project site. Mr. Mundt also said the timing of the project would propose construction to begin mid-year. 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Q/..... .r::: "'Oa.:t 'O~1ll ~ GI "-' <II 1'd<ll<llO~'OCIO ~ .r::: u <II .: OOI/)~GI;:IGI..-I ~ "'O~~GI ..-I ~ 00 III ~ 00.0 "'0 ;:I ~ ~ UI III 1'd0000~ ..... ~.o..... OGloo '-'I'dI'dIllU~<'1 . 11"'1 Planning Commission Meeting Tuesday, February 4, 1986 page two 6. Construction limits should be staked prior to start of grading. 7. The final plat for the first townhouse phase is shown on Exhibit F. It is rec~nded that Outlot 0 be changed to A and the other outlots should be chanaed accordinaly. The outlot for the .private road should be widened to 50 feet. Watten moved, seconded by Benson to recommend approval of the development stage subject to the above listed recommendations by the Planner as well as the City Engineer's report. Motion carried unanimously. Planner Nielsen provided a landscape site plan for the Commission. He said that staff felt the proposed landscape plan was adequate, although changes could be included in the Development Agreement if necessary. The Commission discussed the possibility of requiring a minimum number of trees per lot. MATTERS FROM THE FLOOR None. REPORTS Liaison Stover reported on the Christmas Lake access issue and division of the Interstudy property. ADJOURNMENT Leslie moved, seconded by Benson to adjourn the meeting at 10:00 P.M. Motion carried. Respectfully submitted, Patricia Helgesen Planning Assistant SHOREWOOD MEMO: DATE: February 7, 198E TO: FROM: Mayor and Councilmembers Dan Vogt 11 Attached is a cover letter I drafted to be included with the proposed police Agreement. Please make modifications to the letter as you see fit. After review of the changes, it will then be retyped and submitted to the other communities with the Agreement. I assume this letter will be discussed on MOnday night. CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 . (612) 474-3236 MAYOR Robert Rascop COUNCI L Jan Haugen Tad Shaw Kristi Stover Robert Gagne ADMINISTRATOR Daniel J. Vogt February 10, 1986 Mayor and Councilmembers Cities of Excelsior, Greenwood and Tonka Bay Re: Shorewood Draft Agreement - South Lake Minnetonka Public Safety Department Dear City Official: Attached to this letter you will find an Agreement drawn by the City of Shore- wood relative to the South Lake Minnetonka Public Safety Department. The pro- posal reflects the desires of the City of Shorewood regarding police governance and what we feel are necessary provisions in the Joint and Cooperative Agree- ment. This draft is submitted to you in the spirit of cooperation to try to resolve this issue in a manner that will afford each City the type of control and commitment to quality police service we want for our citizens. You will notice that the Shorewood draft Agreement is merely a modification of the existing Agreement. Your copies are nighlighted to show you the modifi- cations that are proposed. Below is an explaination of the major modifications to the Agreement. It is felt that the minor clarifications indicated need no explaination. Section 4 - Governing Body The Shorewood proposal calls for the establishment of two bodies governing the affairs of the Department. The Coordinating Committee shall govern the Admini- strative affairs of the Department on an equal voice/one vote per community basis. The Finance Committee established in Subdivision 3 will govern the financial affairs of the Department. Votes in the Finance Committee are equal to the percentage of contribution to the budget for the Department. Therefore, the total votes for financial issues is 100. Under the current formula Shore- wood would have 45 votes, Excelsior 28 votes, Tonka Bay 18 votes and Greenwood 9 votes. Shorewood feels that this type of committee system is necessary for each community to have the type of control over the Department that is reflective of their contribution to the total cost of law enforcement seTvices provided. This is not dIl a~tempt by Shorewood to control the Departmen~. It is, however, an attempt to receive some type of recognition of the fact that 45%, approximately $300,000, is paid by Shorewood toward the total budget for the Department. Another way of looking at this may be to think of the Depart- ment as a corporation whereby each City owns stock. Shorewood owns 45% of the stock yet currently has 25% of the vote in its affairs. We feel that this system is not fair and if you were in our position, you may feel the same. A Residential Community on Lake Minnetonka's South Shore Shorewood Draft Agreement SLMPSD page two Section 5 - Execution of Agreement, Meetings, Election of Officers The last two senten.ces of Subdivision 2 wp:Lch indicate financial items on the agenda were added in an attempt to clarity when the Finance Committee would act on issues. Section 7 - Financial Matters Shorewood proposes that the annual contribution of each community involved in the Agreement be ultimately based upon the demand/use each City places on the Department. It is intended to phase this formula in over five (5) years in order to establish credible history of said demand. We feel that this new formula will more accurately reflect the use of the Department by each City. Shorewood remains cognizant of the fact that as we continue to grow, our use of the police services will also continue to grow thereby increasing our contri- bution. Section 8 - Duration Shorewood proposes to continue the term of the Agreement at five (5) years. We feel that this length of Agreement has worked well for the communities since the inception of the Department. It is felt that the five (5) year Agreement gives the communities a chance to review and correct any problems which may arise relative to the terms and conditions of the Agreement, service needs changes, problems in the Department such as corruption, etc. If no need for refinement is necessary, it is conceivable the Agreement could be renewed until review is necessary. It should be noted that the term of the Agreement, five (5) years, is not an indication that Shorewood has a plan to withdraw after that amount of time. Rather, it is a statement that the Agreement has worked well in the past with five (5) year terms and we see no reason why this should not continue in the future. Subdivision 2 was added relating to division of assets at the time of dissolution or withdrawal of any party to the Agreement. This concept was taken from a draft of a proposed Agreement submitted earlier by a community other than Shore- wood. It is understood that this provision was presented by Tonka Bay. Section 9 - Officers and Employees In order to switch to a demand/use formula, number 7 was added to Subdivision 1 which directs the chief to keep records of demand. Subdivision 2 was also added relative to job descriptions. Both of these provisions were taken from the draft Agreement discussed above presented by another community. We are hopeful that the proposed Agreement attached and discussed herein repre- sents a document that not only is fair to the communities but also affords the level and quality of police protection that our citizens desire. . Waste Management-Savage 12448 Pennsylvania Avenue South :Savage, Minnesota 55378 612/890-1100 n_~ ~ lILO FEB 1 u ,~~t) . A Waste Management Company FeQruary 6, 1986 Mr. Daniel J. Vogt City Administrator City of Shorewood 5755 Country Club Road Shorewood, Minnesota 55331 Dear Dan: Per your request, I have listed my comments on the weight restriction ordinance; I have also recommended two possible ways to minimize refuse vehicle traffic in Shorewood. Two concerns I have if the weight ordinance is passed are: A) Damage done to paved roads is a result not only of heavy vehicles but also traffic volume. Results are inconclusive as to which is the greater contributor to road decay. B) The adverse side effects caused by the weight restric~ tion ordinance are numerous, e.g., 1) The cost of refuse removal for Shorewood residents will increase significantly due to increase in labor and equipment costs. 2) Vehicular traffic will increase due to the use of 2 vehicles rather than one. 3) Large refuse vehicles will be parked on major thoroughfares, while smaller vehicles pick up refuse on restricted street; also, the satellite vehicles will dump into the larger trucks on major streets causing traffic problems. 4) The possibility exists that commercial stops may have to be serviced on restricted streets due to access or containers placed on major thoroughfares. 5) Large vehicles may still be required for large cleanups on restricted street. While states are currently offering weight relief for refuse vehicles due to the nature of the equipment, it is unusual that Shorewood should impose additional restrictions on this necessary public service. A DiviSion of G & H Sanitation, Inc. IQ ~ A Waste Management Company My recommendation is to refer back to the original ordinance and exempt refuse vehicles completely from the weight restriction. If the Council is not amenable to this recommendation, the refuse service in Shorewood could be bid and/or franchises let for quadrants of the city. Although refuse vehicles would still be exempted, traffic flow would be reduced in some areas since only 1 vehicle will be used on a given street. Although several haulers may have customers on a certain street, there is no indication that all Shorewood streets have a large number of refuse vehicles using them. We currently provide trash barrels to all our customers in Shorewood; we would not be able to service these barrels with satellite equipment. I hope to be present at the meeting on February 10, 1986: please call if you have any questions in the interim. Sincerely, /~, r---- ;::::: Gen~aUSki General Manager tb/cc . . ORR.SCHElEN.MAYERON & ASSOCIATES, INC. Consulting Engineers Land Surveyors February 6, 1986 City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Attn: Mr. Dan Vogt, City Administrator Re: Southeast Area Trunk Water Feasibility Report Comm. No. 033-3707.40 Dear Dan: Attached is a copy of the new Feasibility Report for the Southeast Area Trunk Water Facilities. The items included in this report differ from previous feasibility reports; however, the cost per unit is approximately the same. As we have di scussed ,thi s Feasibility Report wi 11 be on the agenda- for the February 10, 1986 council meeting. Si ncere ly, ORR-SCHELEN-MAYERON- & ASSOCIATES, INC. f.n~ J e P. Norton, P.E. Ci y Engi neer JPN:mlj enclosure 2021 East Hennepin Avenue. Suite 238 . Minneapolis, Minnesota 55413 . 612/331- 8f!ii A'~ . . FEASIBILITY REPORT SOUTHEAST AREA TRUNK WATER SYSTEM DEEP WELL, PUMPHOUSE, STORAGE TANK, AND TRUNK WATERMAIN PROJECT NO. 86-1 CITY OF SHOREWOOD, MINNESOTA FEBRUARY 6, 1986 I. TYPE OF WORK This work covers the start of a municipal water system for the southeast area of Shorewood. It involves the beginning of a central system using a deep well as the source of supply. A pumphouse, storage tank, and trunk water main are also included to provide pressure and basic domestic and fire flow requirements. I I. LOCATION.. The proposed project area i sc in the southeast area of Shorewood and wi 11 serve the following developments: Trivesco (Waterford), Covington Vine Ridge, Near. Mountain, and Silver Ridge. III. DESCRIPTION OF PROJECT The water facility shall include a 1,000 GPM deep well, pump and motor, pump;.. house, storage tank, associated pipe and equipment, trunk watermains of required size and required property. sites for the location of the deep well, and pumphouse and tank. An elevated water tower is to be constructed near S.T.H. 7 and proposed - 01 d Market Road. The pumphouse wi 11 be connected to the exi sti n9 12 inch water- mai n near Covi ngton and 01 d Market Roads. Other facil it i es to be constructed under this project are the 12 inch watermain extensions from the watermain stub at Covington and Old Market Road to a watermain stub at Covington Court and Vine Hill Road, and the proposed 12 inch watermain extension from the watermain stub north of Waterford Place on Old Market Road to the proposed elevated water tower site. IV. FEASIBILITY From an engineering standpoint, this project is feasible and can be accomplished as proposed and does not have to be done in conjunction with another project. 033-3707.40 1 . . V. ESTIMATED COST The estimated Project cost of a deep well, pumphouse, trunk watermain, elevated water tower and appurtenant items is $961,000. VI. PROPERTY TO BE ASSESSED The proposed properties to be assessed are the developments in this area - Trivesco (Waterford), Covington Vine Ridge, Near Mountain, and Silver Ridge. Number of units - 608. VII. ESTIMATED ASSESSMENT The estimated assessment on a "unit" basis is $1,581 per unit. A unit is defined as a d\'1elling unit. If areas outside the developments want to be served with water, they would pay their own lateral costs plus a trunk assessment of $1,581/ unit. This would be subject to review on an annual basis and go toward the cost of additional storage and for pipe oversizing. I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly Registered Pro- fessional Engineer under the laws of the State of Mi nnesota. . ~ -P. n~'=: James P. Norton Date: February 6, 1986 Reg. No. 11606 033-3707.40 2 ~ ' / ) . . MAYOR Robert Rascop COUNCIL Jan Haugen Tad Shaw Kristi Stover Robert Gagne ADMINISTRATOR Daniel J. Vogt CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 . (612) 474-3236 MEMO TO: Mayor and Councilmembers FROM, Dan VOgt~ DATE: February 6, 1986 SUBJECT: Southeast Area Trunk Water - Status Report Since the Council meeting of January 27, staff has been very active in making the necessary preparations for undertaking the Southeast Area Trunk Water Supply and Storage Facility. Petitions As of today, the petitions have been sent to the four developers in the southeast area of the City who will be assessed for the project. I have discussed the petition with each of the developers, and see no problem with getting signatures. In fact, one of the petitions has already been returned fully executed. The other three are being reviewed and signatures sought. It is doubtful that all petitions will be returned by your meeting of February 10. This fact, however, should not delay moving forward with the project. Feasibility Report Since the project has changed over the past month from ground storage to elevated storage, it has been the understanding of the staff to prepare a new Feasibility Report for the project. The total cost of the project is to stay consistent with the previous Feasibility Report which included the ground storage/hydropneumatic tank system. This new Feasibility Report has been done and is included in your meeting packet. It is anticipated that the report will be reviewed and acted upon at the meeting on the 10th. Elevated Storage Facility Because the project now includes an elevated storage facility (tower), additional considerations for construction have been necessary. A letter has been sent to the Minnesota Department of Transportation (MN/DOT) to inquire as to the availability of a site for the tower on a piece of right-of-way owned by the State near Highway 7. A copy of the letter is attached. As an alternative to the MN/DOT site, I have written to Bob Mason relative to the possibility of locating the tower on property now owned by Trivesco, also near Highway 7. As part of the same letter, I have requested that Mr. Mason clear and rough grade what will be Old Market Road ~t this time to facilitate greater ease and less expense in running the watermain t~ the proposed tower. To date, I have received no response to either of the requests in this letter to Mr. Mason. These issues will be updated at your Monday meeting. A Residential Community on Lake Minnetonka's South Shore 1213 ~ . . Re: S.E. Area Trunk Water Status Rpt February 6, 1986 page two Residents Concerns Also, concern has been expressed from persons who have built pomes in the Waterford project relative to the location and appearance of the proposed pumphouse. I have indicated that it is the intent of the City to make the pumphouse blend in with the surroundings to the greatest extent possible. Because of this concern, I expect those property owners affected to be present at your February 10 meeting. Financial Advisor Appointment If it is the Council's desire, I would recommend that Springsted, Inc. be appointed as the Financial Advisor for the Southeast Area Trunk Water Supply and Storage Facility project. I also recommend that this be done at your meeting on the 10th and that staff be directed to begin the necessary bonding work for this project. This is important due to the fact that it takes approximately 70 days from the date of setting the bond sale to the day the City receives the funds. Date of sale should be set after the bids have been received in order to know the amount of bond issue needed. Care must be exercised in setting the amount of issue not only in the case of being shoit of funds, but also due to a new law which states that bond funds in excess of those needed must be refunded. Schedule of Events Discussions have already taken place with Jerry Shannon of Springsted as to the proper schedule of events for the trunk water project under the Special Assessment Statute, Chapter 429. The proper schedule is as follows: 1. Ratify the action and understanding of staff to prepare a new Feasibility Report for the project. This is accomplished by passing a resolution authorizing preparation of a Feasibility Report for the project. 2. Review Feasibility Report. If desired, pass ~ resolution accepting the Feasibility Report for the project. 3. Pass a resolution authorizing preparation of plans and specifications for the project. (This resolution may be combined with the resolution in No.2 above.) 4. Upon acceptance, pass a resolution approving plans and specifications. 5. Pass a resolution accepting the petitions for the project. 6. Pass a resolution ordering the improvement. 7. Pass a resolution authorizing advertisement for bids. (This resolution may be combined with the resolution in No.:6 above). 8. Upon receipt of bids, set date of bond- sale by resolution. 9. Award contract(s) by resolution. The schedule of events listed above takes the City through award of contract. Several more resolutions will be required in conjunction with the bond issue. The items included in this memo will be part of the discussion at your meeting on Monday night. . . RESOLUTION NO. A RESOLUTION ORDERING PREPARATION OF REPORT ON SOUTHEAST AREA TRUNK WATER SUPPLY AND STORAGE FACILITY WHEREAS, it is proposed-to construct alQ_caJ,. improvement known as the Southeast Area Trunk Water Supply and Storage Facility and to assess the benefited property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes Chapter 429. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Shorewood, Minnesota: That the proposed improvement be referred to Orr-Schelen-Mayeron & Associates, city engineers, for study and that they are instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Adopted by the City Council of the City of Shorewood this 10th day of February, 1986. Mayor ATTEST: City Clerk /~ ;J . . RESOLUTION NO. A RESOLUTION RECEIVING REPORT ON THE SOUTHEAST AREA TRUNK WATER SUPPLY AND STORAGE FACILITY WHEREAS, pursuant to resolution of the Council adopted February 10, 1986, a report has been prepared by Orr-Schelen-Mayeron & Associates with reference to the construction of an improvement known as the Southeast Area Trunk Water Supply and Storage Facility, and this report was received by the Council on , 1986. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood, Minnesota: 1. The Council will consider the construction of such improvement in accordance with the report and the assessment of the benefiting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvement of $ Adopted by the City Council of the City of Shorewood day of , 1986. this Mayor ATTEST: City Clerk ME . . RESOLUTION NO. A RESOLUTION ORDERING THE PREPARATION OF PLANS TO CONSTRUCT SOUTHEAST AREA TRUNK WATER SUPPLY AND STORAGE FACILITY WHEREAS, pursuant to resolution of the City Council adopted February 10, 1986, a report has been prepared by the City Engineer with reference to the construction, and this report was received by the City Council of the City of Shorewood on , 1986. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood, Minnesota, that: 1. The construction of said improvement is hereby ordered as proposed in the council resolution adopted February 10, 1986. 2. designated as prepare plans improvement. Orr-Schelen-Mayeron & Associates is hereby the engineer for this improvement and shall and specifications for the construction of said this Adopted by the City Council of the City of Shorewood day of , 1986. Mayor ATTEST: City Clerk Mr . . . First Draft JOINT AND COOPERATIVE AGREEMENT RELATING TO THE EMPLOYMENT OF POLICE CHIEF AND POLICE OFFICERS SO AS TO PROVIDE FULL-TIME POLICE PROTECTION FOR THE CITIES OF EXCELSIOR, GREENWOOD, SHOREWOOD AND TONKA BAY COMMENCING JANUARY 1, 1988 The parties to this Agreement are municipalities of the State of Minnesota which have the responsibility for providing for law enforcement within their respective cities so as to enforce the ordinances of these cities and the laws of the State of Minnesota. This Agreement is made pursuant to Minnesota Statutes, Section 471.59. SECTION 1 General Purpose The general purposes of this Agreement are to provide for the employment of a full-time chief of police to act on behalf of the parties to this Agreement, and to provide said person with such assistance in the form of police officers, equipment and supplies as may be necessary so as to provide the parties with law enforcement services in the discharge of the duties imposed upon said municipalities to protect the health and welfare of their citizens and property located within their cities. It is the opinion of the parties to this Agreement that joint action in employing and creating a joint police force to serve the four communities will result in a higher standard of police service, closer control of the police force by the municipalities it serves, and in the long run more efficiency and financial savings to the communities. SE:CTION 2 Definition of Terms For the purpose of this Agreement, the terms in this section shall have the meanings given them. a. "Committee" means the organization created under this Agreement, the full name of which is the "Coordinating Committee for South Lake Minnetonka Public Safety." b. "Committeeman" means a member of the committee. There shall be one committeeman from each governmental unit which is a party to this Agreement, which /3 .( . . committeeman shall be the mayor of said governmental unit. An alternate may be appointed to serve when the mayor is unable to attend the meetings of the committee. c. "Council" means the governing body of the governmental unit which is a party to this Agreement. d. "Governmental unit" means an entire city or- municipality. e. "Original party" means a governmental unit which elects to become one of the original parties to this Agreement. f. "Later party" means a governmental unit which enters into this Agreement at some time after the Coordinating Committee is originally constituted. g. "Party" means governmental unit which enters into this Agreement. h. "SLMPSD" means the "South Lake Minnetonka Public Safety Department", which shall be the name of the police force created hereunder. SECTION 3 Membership Parties to this Agreement are the City of Excelsior, the City of Greenwood, the City of Shorewood, and the City of Tonka Bay. Any other governmental unit adjacent to anyone of said cities may become a later party to this Agreement upon consent of the parties to this Agreement. SECTION 4 Governing Body Subdivision 1. The committee, consisting of one committeeman from each party, shall be the governing body. Each committeeman shall have an equal voice in the administrative affairs of the committee. Subdivision 2. The person holding the office of mayor of a party to this Agreement shall be a committeeman and serve on the committee as representative of said party; an alternate committeeman shall be appointed by the council of each party from the members of said council to serve for a term of one calendar year and represent said party on the committee in the absence of the mayor; the committeeman and alternates shall serve without compensation from the committee. -2- . . Subdivision 3. A Finance Committee is hereby established to act on the financial matters of the SLMPSD. The Finance Committee shall consist of one committeeman appointed by the Council ot each party. Each financial committeeman has the right to cast the same number of votes as,~his party's percentage of contribution iis to the total cost oT'-law enforcement. It is contemplated that members of the Financial Committee will be the same persons as those serving as members of the Coordinating Committee.m Subdivision 4. A majority of the committeemen shall constitute a quorum at meetings of the committee. Subdivision 5. A vacancy on the committee shall be filled by the council of the parties whose position on the committee is vacant. No committeeman shall be eligible to vote in behalf of his party during the time that such party is in default on any financial payment required to be paid under the terms of this Agreement, nor shall the vote of such party be counted for the purposes of determining a quorum. SECTION 5 Execution of Agreement Meetings, Election of Officers Subdivision 1. Each party shall execute this Agreement through its proper officers by authority conferred by the governing body of the governmental unit. The clerk of such parties shall duly file an executed copy of this Agreement with the clerk of each of the other parties with a certified copy of the Resolution. Subdivision 2. Business of the committee shall be conducted according to the Roberts Rules of Order and a Chairman and Secretary shall be elected. Regular meetings of the committee shall be held once each quarter as follows: The second Wednesday of January, the second Wednesday of April, the second Wednesday of June, the fourth Wednesday of August and the second Wednesday of October. The purpose of the regular meetings shall be to monitor and direct the affairs of the SLMPSD. Special meetings shall be at the call of any committeeman; notice of such a meeting shall be sent to the clerk of the parties to this Agreement and shall be mailed at least three days prior to the date of the meeting. Items on the meeting agenda will be considered of financial content if the expenditure of funds is involved and will be so indicated on the agenda. The Finance Committee may refer agenda items back to the Administrative Committee by vote. -3- . . SECTION 6 Powers and Duties of the Committee Subdivision 1. The powers and duties of the committee shall include the powers set forth in this Section. Subdivision 2. It shalt establish qualifications and duties for the position of chief of police of the parties. Subdivision 3. It shall hire said person to act as chief of police for the parties at such salary and in accordance with such terms and conditions of employment as it shall determine. Subdivision 4. It shall provide office space, equipment and supplies as necessary to accomplish the duties and responsibilities of law enforcement within the boundaries of the parties. Subdivision 5. Upon recommendation of the chief of police, the committee shall approve or disapprove the employment of such other persons to assist the chief of police as is required for the purpose of creating a full-time police force to enforce the ordinances and laws of the State of Minnesota within the boundaries of the parties. Subdivision 6. It shall make a financial accounting and report to the parties at least twice each year. All of its books, reports and records shall be available for and open to examination by the parties at all reasonable times. Subdivision 7. It shall designate a deputy chairman from among the committeemen; it shall designate and appoint a clerk-treasurer to serve the committee who need not be a member of the committee. Subdivision 8. It may accumulate reasonable reserve funds for the purposes as herein provided and it may invest funds of the committee not currently needed for its operations in a manner and subject to the laws of Minnesota applicable to cities. Subdivision 9. It may collect monies from parties subject to this Agreement. It may recommend changes in this Agreement to the parties which shall be effective; however, only upon agreement of the governing bodies of all parties. Subdivision 10. It shall exercise general supervision over the law enforcement and standards of law enforcement for -4- . . the parties. Subdivision 11. The committee shall have authority to approve or disapprove the recommendations of the chief of police to discipline or terminate employment and authority of any employee, sworn and non-sworn, all subject to and in accordance with the laws of the State of Minnesota. SECTION 7 Financial Matters Subdivision 1. Except as otHVwise provided herein, the committee funds may be expended by the committee in accordance with procedures established by law for the expenditure of funds by Minnesota cities. Orders, checks and drafts shall be signed by at least two persons, who shall be designated by resolution of the committee, one of whom shall be the clerk-treasurer. Other legal instruments of the committee shall be executed by the chairman as designated by the committee. During the absence or disability of any of the officers designated to sign checks, drafts and other legal instruments, their alternates may execute the same as authorized by the committee. Subdivision 2. The annual dollar contribution of each of the parties toward payment of the cost of law enforcement in each of the budget years 1988, 1989, 1990, 1991, and 1992 shall be determined on the basis of a combination of Formula and Demand figures as follows: 1988 1989 1990 1991 1992 80% Formula 60% Formula 40% Formula 20% Formula and therafter 20% Demand 40% Demand 60% Demand 80% Demand 100% Demand The Formula figures for each year shall be determined by multiplying the approved budget for each year by the following percentages for each of the respective parties: City of Shorewood 45% City of Excelsior 28% City of Tonka Bay 18% City of Greenwood 9% The Demand figures for each year shall be determined by multiplying the approved budget for each year by the percentage of Demand of each of the parties as calculated from the records maintained by the chief of police. -5- . . SECTION 8 Duration Subdivision 1. This Agreement shall take effect January 1, 1988, and shall continue through December 31, 1992, or, thereafter, from year to year. None of the parties shall withdraw from this Agreement prior to December 31, 1992. Withdrawals on that date may be accomplished by the party filing notice with the secretary-treasurer of the committee by August 1 of that year, giving notice of withdrawal as of the end of that year. In such case financial obligations shall continue until the effective date of withdrawal. Subdivision 2. Cash assets and proceeds from non-cash assets held by the committee at the time of dissolution or withdrawal of any party to this agreement shall be divided and distributed to the paties in proportion to the contributions made by the parties to the total cost of law enforcement during the period of this Agreement. Subdivision 3. As an exception to the provisions of subdivision 1, in the event the coporate existence of a party is terminated, or a party is consolidated with another municipality not a party to this Agreement, then the obligations of such party hereunder shall cease as of the effective date of such termination or consolidation. If said effective date shall occur at a time other than at the end of a budget year, the withdrawing party's financial obligation for the budget year in progress at the time of said effective date shall be pro-rated for such budget year as of said effective date. The withdrawal of a party under this subdivision shall not automatically terminate this Agreement or the obligations of the remaining parties. Following such a withdrawal the percentage of the approved budget payable by each of the remaining parties for each ensuing budget year during the term of the Agreement shall be adjusted such that each party's percentage remains in the same proportion to that of the other remaining parties as originally established under Section 7 hereinabove; accordingly, the adjusted percentage for each remaining party shall be calculated by dividing a party's percentage, as hereinabove set forth in Section 7, by the sum of the percentages of all remaining parties. In the event of withdrawal of a party under this subdivision, the remaining parties will establish a new budget for the remainder of the year pursuant to the provisions of Section 7, Subdividion 2 hereinabove. -6- . . SECTION 9 Officers and Employees Subdivision 1. The chief of police employed by the committee shall serve as chief of the parties hereto and he shall have the followingauties and be invested with the following authority: ~ 1. uHe shall be in full and complete charge of all personner-matters and employees of the department including sworn and non-sworn. 2. He shall set and determine degree of service and standards of performance of police officers and non-sworn employees. 3. He shall be in complete charge of all matters relating to law enforcement and to its administration, including assignment of duty and responsibilities to all employees. 4. He shall act for the committee in interviewing and considering applications for employment of all employees, and he shall make his recommendation to the committee of the person who in his judgment is best qualified to fill any employment vacancy. 5. He shall act for the committee in disciplining employees, sworn and non-sworn. 6. He shall be the committee's representative on labor grievance matters, and he shall recommend to the committee all action which in his opinion is appropriate to be taken to discipline officers or to discharge officers. Such recommendations shall be in accordance with the laws of the State of Minnesota and outstanding contractual agreements governing the same. 7. He shall obtain and keep records of demand requests for police service within each of the municipalities that are party to this Agreement. Subdivision 2. The chief of police shall be responsible for developing from time to time new job descriptions for various positions within the department he deems necessary for the efficient operation of the department. -7- . . Subdivision 3. It shall be the duty and responsibility of the chief of police to communicate directly with the respective councils of the member cities in the event he deems it necessary to receive direction on any matter arising out of or involving the jurisd~ction of any particular council. Subdivision 4. All police officers employed by the committee, including the chief of police, shall enforce and shall be provided authority to enforce the laws of the parties to this Agreement through proper action of the council of said parties. The committee shall assume all obligations with regard to Workmen's Compensation, PERA, withholding tax, insurance, union negotiations, fringe benefits, Social Security and the like for all employees including the chief of police and all police officers assigned to assist him in the performance of law enforcement duties within the boundaries of the parties hereto. SECTION 10 Prosecution - Violation of Ordinances and Laws The respective parties to this Agreement shall be responsible for and pay the cost of all prosecutions for violations occurring within their respective boundaries which are subject to prosection by a party's municipal attorney, including expenses incurred by reason of police officers making their services available for court appearances in such prosecutions. All returns of fines from municipal court shall be the sole property of the party in whose jurisdiction the offense occurred. IN WITNESS WHEREOF, the Cities of Excelsior, Greenwood, Shorewood and Tonka Bay have caused this Agreement to be executed in their behalf by their proper officers duly authorized by resolution of their respective city councils. -8- . IN PRESENCE OF: As to City of Excelsior As to City of Tonka Bay As to City of Shorewood As to City of Greenwood -9- . CITY OF EXCELSIOR By: Mayor City Manager Date: CITY OF TONKA BAY By: Mayor City Manager Date: CITY OF SHOREWOOD By: Mayor City Manager Date: CITY OF GREENWOOD By: Mayor City Manager Date: -~ . . MAYOR Robert Rascop COUNCIL Jan Haugen Tad Shaw Kristi Stover Robert Gagne ADMINISTRATOR Daniel J. Vogt CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 . (612) 474-3236 DATE: Mayor and Councilmembers Dan Vogt Jf(f February 5, 1986 MEMO TO: FROM: SUBJECT: Draft Police Agreement Attached please find a copy of the draft Police Agreement with the proposed changes as per our discussion of Monday, February 3. The substantial changes are highlighted on your copies of the draft. Note that the dates of the Agreement merely continue forward from the existing Agreement. Please make any additions, deletions or corrections on the draft so that they may be discussed at the meeting of February 10. Any modifications you desire will then be incorporated into the draft prior to it being sent to the other communities. Call me if you have any questions. DJV:ph cc: Glenn Froberg A Residential Community on Lake Mionetonka's South Shore /3 ,- "'. ...~ . . RESOLUTION NO. WHEREAS, Mr. E. G. Rosenthal has made formal application to the City of Shorewood to amend the Comprehensive Plan as it pertains to certain property located at 5405 St. Alban's Bay Road and 20095 Excelsior Boulevard, legally described in Exhibit A attached hereto, from low to medium density residential to commercial for the purpose of erecting two, two-story office buildings; and WHEREAS, a pre-application review of Mr. Rosenthal's proposal was made by the Shorewood staff in September, 1985, and certain recommendations were made concerning land use, traffic, public utilities, and site design; and WHEREAS, a further review of Mr. Rosenthal's proposal was had before the Planning Commission in October, 1985, and a Public Hearing was held before the Planning Commission on December 3, 1985, at which time additional recommendations were made;' and WHEREAS, the formal presentation of the proposal was made by Mr. Rosenthal and others to the City Council at their regular meeting on January 13, 1986; and WHEREAS, the City Attorney was directed to draft a formal resolution denying the application for an amendment to the Comprehensive Plan as it pertains to the subject property. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: FINDINGS OF FACT 1. That the property located at 5405 St. Alban's Bay Road and 20095 Excelsior Boulevard, legally described in Exhibit A attached hereto, is presently zoned R-2A, Single and Two-Family Residential. 2. That the land surrounding the property to the North, West, and East is also zoned R-2A; that State Highway 7 borders the property to the South. 3. That the property in issue and all of <-the surrounding land is designated as low to medium density residential (2 - 3 units per acre) in the Shorewood- Comprehensive Plan. !vll >. . . 4. That applicant's proposed use of the subject property could effect a strip commercial development within the area. 5. That applicant failed to submit a land use marketability study demonstrating a demand for office space in the particular area, as recommended by staff, and presented no credible evidence that such a demand exists. 6. That applicant could not establish a satisfactory traffic pattern to provide access to the site without a new intersection on Highway 7. That at the present time, it appears that MN/DOT will not reach a decision as to the location of a new intersection until after the pending Highway 7 corridor study has been completed. 7. That municipal water is not presently available to the proposed site of the office buildings. 8. That applicant presented an alternative proposal for two-family residential units for the property, which proposal would be compafible with the present low-density classification of the property, consistent with the Comprehensive Plan. 9. That applicant's proposed use of the subject property for two, two-story office buildings is not consistent with the land use and transportation policies contained in the Shorewood Comprehensive Plan. CONCLUSION That based on the foregoing, the City Council of the City of Shorewood hereby denies applicant's formal application to amend the Shorewood Comprehensive Plan to accommodate his proposed use of the property. ADOPTED BY THE CITY COUNCIL of the City of Shorewood this ____ day of , 1986. -2- " :' . . MAYOR Robert Raseop COUNCI L Jan Haugen Tad Shaw Kristi Stover Robert Gagne ADMINISTRATOR Daniel J. Vogt CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236 MEMO TO: Mayor and Councilmembers FROM: Dan Vogt DATE: February 5, 1986 SUBJECT: Island View Road (private) Attached you will find letters sent to the City relative to Island View Road (Lot 21, Auditor's Subd. No. 367) which is a private drive located off of Howards Point Road. (See attached letters, Exhibit A and map, Exhibit B.) From the letters, it is apparent that a private individual has purchased the above-mentioned lot from the State through tax forfeit proceedings. This individual now wishes to charge the property owners $50 per month to use the road as access to their property. Property owners have been in contact with the City relative to our interest in taking over the road. You will notice that the attached minutes dated April 9, 1984 (Exhibit C) indicate that contact was made with the County relative to easements and residents were contacted relative to purchase. As can be seen, the Council appeared to feel comfortable with allowing the property to go for State land sale. The City Attorney has commented on this issue. His comments are noted on Exhibit D. He is basically of the opinion that this issue is a private matter between the new owner of Lot 21 and the abutting residents. If the City would choose to become involved in taking this road over, City Ordinances would require a minimum of a 50 foot right-of-way and a 24 foot travelled surface. This would require each property owner to dedicate a portion of his/her property to the City as right-of-way. As far as widening the travelled surface to meet City codes, it is suggested that this may be done either by the residents themselves built to City codes, or by the City with all costs then assessed back to the abutting properties. Past practices indicate that the ~ity will only take over a street if it meets City specifications and ordinances. . A Residential Community on Lake Minnetonka's South Shore /?/f - . . NELSON LAw OFFICES. P. A. CRESTLANO .UILOING S2 SOUTH 'OTH "'VENUE. SUITE "2 HOPKINS. MINNESOT... SSS4~ C"'C S,a) e~l!.S4aS GEORGE E. NELSON M"'RK .... CARTER M"'RGARET .... NELSON ~AR"I..OAL. · January 16, 1986 Mr. and Mrs. John M. Lee 27720 Ismnd View Rd. Shorewood, MN 55331 Dear Mr. and Mrs. Lee: This office represents Norman R. and Amelia M. Touve. Mr. and Mrs. Touve have pJ.rchased from the State of Minnesota, Lot 21, Auditor's Subdivision No. 367 of Hennepin County, MN, City of Shorewood,PID 31117 23 12 0013. As you may know Island View Road is entirely within Lot 21 of Auditors Subdivision 367 and so far as can be determined, neither you nor any of the previous owners of your property have ever purchased an easement for the use of Lot 21 (Island View Road) as ingre~B and egress from your property to pJ.blic thorou~hfares. You are therefore using Island View Road at the sufferance of the Touves. Additionally, for your information, the last sentence of Minnesota statutes #508.02 precludes the possibility of any Title of Use being established by prescription or adverse possession (or use) from an owner of Registered Land, (Torrens Title land). Lot 21, Auditors 367 is Registered Property and Certificate #555119 establishes the ownership of the said lot in our clients. Some owners have obtained improper and/or incomplete easements, and others claim rights through persons who were never in Title in Lot 21, Auditors 367, and hence could never have granted them easements. These pJ.rported documents will not suffice. We regret that this matter has come up, but are certain that now that it has, you will want it cleared up to everyone's satisfaction, and in the process any clouds upon your Title cleared up as soon as possible. Our clients are wlll ing to sell you a legal and proper permanent easement, and if you would contact this office, we woo.ld state Mr. and Mrs. Touve's terms for the granting of this easement. Alternatively, should you not wish to purchase a permanent easement, -1- Exhibit A - 1 · P.,.!.,./' ,J.. tl. .. ./ L,.11MJi1:M ......,..-- . . NELSON LAw OFFICES. P. A. eRESTLAND BUILDING aa SOUTH 10TH AVENUE. SUITE 11a HOPKINS. MINNESOTA S153.3 CAe S1a) eas-a... GEORGE E. NELSON MARK A. CARTER MARGARET A. NIELaON ~ARAI.IEOAL · January 16, 1986 Page 2. please know that this letter is Notice to you that commencing on March 1st 1986, the Touves will impose a monthly charge of $50. 00 per month for you to use Lot 21, Auditors 367 as ingress and egress from your property. This alllount will be payable at $600. 00 per year in advance which will be payable on March 1st of each year. Please contact this 6ffice regarding alternatives and selection. Very troly yours, GEN/ml Exhibit A - 2 -2- .p~/",t ...J:r.~.f!1J~..~. ,~~"o.,~ ,,'J' ~ . 1:1.\ .0.,...:. . INCE & LISZT, P.A. ATTORNEYS AT LAW Suite 312 8900 Penn Avenue South Minneapolis, Minnesota 55431 (612) 881-8805 . m'D FE B 0 3 1986" RICHARD T. INCE January 30, 1986 MARVIN A. L1SZT City Council City of Shorewood 5755 Country Club Road Shorewood, Minnesota 55331 Re: Resolution 16-84 approved April 9, 1984, approving sale of Lot 21, Auditor's Subdivision 367 for tax sale. Gentlemen: You approved the tax sale of the above property by Resolution 16-84. Just to keep you advised as to what you did, I submit a copy of the letter sent by the purchaser at that tax sale to the affected owners. My client had to obtain and pay for legal services to research his right to use the road. Other property owners may have to pay the toll demanded. You should review Minnesota Statutes 282.01 which is controlling in classifying tax forfeit land for resale, it pro- vides: It is the general policy of this state to encourage the best use of tax-forfeited lands recognizing that some lands in public ownership should be retained and managed for public benefits while other lands should be returned to private ownership. I submit a road constituting the only access to these affected lots should have been retained in public ownership. I believe your authorization for the sale violated 282.01 and put you on notice that any further problems my client has as a result of the sale may well involve the City of Shorewood. Sincerely, INCE & LISZT, P.A. II ,~ iL", ,k-, \ _\ ~_'\ Richard T. Ince RTI:lg Exhibit A - 3 , ~"%if.7f- -- I' . I I , I I . r:-.~ Ui ~ ~-f 'I'" ::0 ~ - ' ~ :.:.~ "'-~':. t!" : 0 2...... \ 9 - 'lJ .... Cll. N~'" - N...... ~. Z ,.0 ~(i)- "'"" - .... ~ I ~. . :I: '"' ~ -' .. ~ - -2770 -~ ~ ~ ~ U6 .,. u- ..... -0 U1 \join c;~ :::u " " <(')~ 3"" rn~.o... :s' ~ i" UI ~ 28/.. :i\' ....... 3;. 4S' r-... ~ ~ 2!"8. '15 329.93 ("\ 3/0".., ~ .~ ~ - ~ 0 "':~ ~ ~ n ~ - 32~83 ,~ QD ~ 3.. " !'I~ .:! 'I 0/, (AI 8S~~ ~ ",,'> (AI-:::::--O ., - . --- ~ So. ~ 274.28 sa' -- 't .5iI 3/. .._ OG- . .J "'':lfTI '~... . '1.4. -..J 0"- . 274.58 ~ ~ ~ !1' -- ,,- I ~ I' ~~ \...1 ~ Exhibit B I ) J . . . ) REGULAR COUNCIL MINUTES APRIL 9, 1984 Page Five INTERSECTION - TRIVESCO Attorney Larson prepared a draft agreement with Trivesco to arrange for the feasibility study and the cost of that study. Trivesco changed the agreement and returned it to the attorney. The Council reviewed and added further changes and instructed Planner Nielsen to proceed with the agreement with Trivesco. Council also instructed Engineer Norton to deal with MN DOT in reviewing this project. AMESBURY WEST - STREET LIGHT REQUEST A request was submitted in writing from James McNulty to have a street light installed at the entrance to Amesbury West. Rascop moved, seconded by Gagne, to approve the request. Motion carried. 4 ayes, 1 nay - Shaw. WATER STUDY ACCEPTANCE RESOLUTION NO. 20-84 Haugen moved, seconded by Gagne, to officially accept the Water Study prepared by Engineer Jim Norton of Orr-Schelen- Mayeron. Motion carried unanimously - 5 ayes. ADMINISTRATORS REPORT Tax Forfeited Land RESOLUTION NO. 16-84 It was confirmed at the County level that all the residents using Lot 21, Auditors Subdivision #367, known as Island View Road, have easements granted in their deeds for the purpose of access to their properties. Staff contacted area residents and found there was no interest in ownership of this property by owners of the affected lots. Gagne moved, seconded by Stover, to release property for state land sale. Motion carried. (Add to resolution #16-84). May Meeting Dates The Second Council meeting in May will be held on Tuesday, the 29th of May because of Memorial Day the 28th. Exhibit C . . . FR013ERG'& -PENBERTHY, P.A. A TTORNEYS A T LA W Glenn Froberg James G. Penberthy Paul B. Ahern 17736 Excelsior Boulevard Minnetonka, Minnesota 55345 (612) 474-8877 MEMO TO: Dan Vogt FROM: Glenn Froberg DATE: February 6, 1986 SUBJECT: Island View Road - toll controversy Pursuant to your request, I have researched the above matter as it pertains to the City of Shorewood, and have learned the following: 1. Island View Road is a private road located within the city on Lot 21, Auditor's Sub. #367. 2. Lot 21, Auditor's Sub. #367 is Torrens property, the fee owner of record being Catherine C. Ecklund, Certificate #555119. 3. Memorialized on the certificate is an easement for drive- way purposes in favor of the adjacent property owners. 4. Norman R. Touve and Amelia M. Touve hold a State Tax Deed to the property. A court proceeding is necessary for a State Tax Deed holder to secure record title to Torrens property. Such a proceeding requires notice to all adjacent property owners showing an interest of record in the subject property. From my preliminary investigation, it appears that the owners of property adjacent to Lot 21 have a right to use the road, and the holders of the tax deed are not entitled to charge a toll for such use. However, this dispute is a civil matter involving title to private property, and is not a matter in which the city should become involved. Minnesota Statutes Section 282.01 contains no language requiring a municipality to retain tax forfeited land. It merely suggests that the "best use" should be made of such lands, whether it be "private" or "public". The statute leaves the determination of "best use" to the municipality. It is my opinion that the determination by the city to return Lot 21 to private ownership (Resolution No. 16-84) was entirely within the discretion of the city and was made with due regard to the "best use" of the land. GF:dks ( Exhibit D yo . . ....-.(--. J'<';'- MA YOR ..~ RobertRascOp- COUNCI L Jan Haugen Ted Shew Kristi Stover Robert Gagne ADMINISTRATOR Daniel J. Vogt CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236 .. DATE: Mayor and Councilmembers Dan Vogt ~ February 5, 1986 MEMO TO: FROM: SUBJECT: State Revenue Shortfall - Governor's Proposal Attached please find an Action Alert sent to the City by the League of Minnesota Cities relative to the State revenue shortfall. In reading the letter, it is clear that the City will be impacted by the proposal from the Governor. The Legislature must act on the proposal. Therefore, the exact amount of cuts to the City is unknown. As it is expected that it will be quite sometime until the Legislature has acted on the shortfall, it is felt that the Council should give staff direction as to how you would like to handle the revenue reductions. 1 have attached a memo from Finance Director Beck dated November 29 in which you see options which may be taken by the City to handle the shortfall. At this time, we are looking for your preference as to the alternatives listed or ones you may have thought of relative to this issue. We will then be better prepared to make our recommendation to you on the option chosen at the time the actual effect on the City is known. Under the Governor's proposal, the reductions will be felt by the City as follows: Local Government Aid (LGA) 1986 allotment 8.1% reduction Reduction amount $151,517 139,244 $ 12,273 Homestead Credit 1986 Estimate 8.7870 reduc t ion Reduction amount $175,000 159,635 $ 15,365 Total reduction from loss of these two proposals equals $27,638. These two A~eas, LGA and Homestead Credit" represent the major impact to cities under the Gov~rnor's proposal. This amount may go up or down depending upon the Legislature. A Residential Community on Lake Minnetonka's South Shore / ~/IJ -. . . ' '. . receive cuts from their 1985 level of 8.1J and that only those cities who were certified to receive close to the maximum increase of 12S in 1986 will realize any real growth. FutuP8;LGA The 1986 Legislature must set LGA levels for 1981 so that they can -.be certified prior to cities setting their levies in the fall.-- The Governor has recommended only a 3J increase for 1987 over-'" the reduced base. Homestead Credit The Governor has recommended that homestead credit payments to local governments in 1986 be reduced by 8.78%. This represents a biennial reduction of 3.5% applied in one year plus a 3.5% biennial reduction in the circuit breaker property tax refund program. This reduction would be implemented by each jurisdiction's scheduled payment being reduced by 8.78%. In order to make state costs more controllable, it is being recommended that in 1987 (state fiscal year '88) the total homestead credit appropriation be capped at the 1986 level prior to_the reductions. Payment Schedule In order to improve the state's cash flow and help eliminate the need for the state to do short term borrowing, a revised LGA and homestead credit payment schedule has been proposed. Cities now receive these payments in six equal payments each month from July to December. It is proposed that, beginning in 1986, cities receive payment for these programs in July and December. Because the first payment would be equal to three months of ~ayment under the current system, interest earnings on the larger first payment would theoretically bal~nce out any borrowing costs incurred waiting for the second payment. It is important to note that the administration has agreed to an a~peals procedure for cities experiencing cash flow problems. Motor Vehicle Excise Tax Transfer Almost $40 million in savings is realized by the Governor recommending that no motor vehicle excise tax transfer be made from the general fund to the transportation funds. This will result in the following program reductions: F.Y.1986 F.Y.1987 $13,165,100 13,399,000 24,486,800 24,922,100 11 ; 453-,600 11-",657 , 100 3~,~4~700 3,617,700 TAF Tk. Hwy CSAH MSAH Almost $13 mil~ion trom the general fund would be provided each year for the Transit Assistance Fund. .., . . Other programs . In general, all programs will be cut 3.5J on a biennial basis. No specific information is available yet on how these cuts would be implementea in individual grant programs. While the- Finance Department has asked state agencies to not seek to alleviate the cuts in their agencies through new or increased fees, it is to be expected that these ~ill emerge as._ policy options. Clearly cities have been asked to absorb a major share of the budget problem. As you are aware, it is very difficult to respond effectively to major cuts in a year already budgetea for. Cities are already having difficulties due to the major cutbacks in Federal Revenue Sharing and other federal programs, declining taxbases, costs such as insurance rising faster than inflation, and implementation of comparable worth studies. It is important that city officials communicate these problems to their legislators and the Governor. The League Board of Directors will be meeting next week to consider appropriate policy and lobbying steps. We will continue to keep you informed as new information becomes available. Additional information and analysis will be available at the Legislative Conference on February 5th. Time has been scheduled in the afternoon for you to visit with your legislators. Please plan on attending and meeting with your legislators on the budget and other pressing concerns. _0';;"- .. .. II . \.;::?, . .':.:: .~'-,:~.;~~~::~~'=""~,.,' .. Robert R-=op COUNCIL ..... Halgen Ted ShMV Kria1i Stover Robert c;..,. ADMINISTRATOR Oeniel J. VOlt . CITY OF SHOREWOOD 5755 COUN'tRY CLUB ROAD. SHOREWOOD. MINNESOTA 55331 . (6121474.3236 MEMO TO: MAYOR & COUNCILMEMBERS FROM: EVELYN BECk, FINANCE DIRECTOR RE: FINANCIAL QUESTIONS FROM 11/25/85 COUNCIL MEETING DATE: NOVEMBER 29, 1985 Following are responses to your questions from the 11/25/85 Council Meeting: Local Government Aid cuts from 1986 ., ~.,. Due to revenue shortfalls at the state level, the possibility exists that LGA to cities will be decreased in 1986. Our budget share of LGA for 1986, is 151, 517. More information regarding this situation will be forthcoming from the State Department of Revenue and the Legislature in early 1986. For now, the State Auditor's office is suggesting that cities plan for the situation by determining how budget expenditures could be decreased for 1986. Following are some suggestions on how we might deal with the situation: 1) Reduce all departments by the same percentage with each department determining the areas from which cuts will be made. This method might work best in order to continue services but at a lower level. 2) Cut the entire amount from major purchases or programs. If this is your alternative, departments should soon be advised before major purchases are made or contracts are bid. 3) Cut Council Contingency Reserve. This could be done, however, the end result would be additional interest expense to the General Fund. .~ . H.6.=MURFIN , . .In FEe 051988 --(602)947 -0419 6155 East Indian School Road, Suite 201 Scottsdale, ArIIona 85251 January 29, 1986 Mr. Robert P. Rascop Mayor, City of Shorewood Excelsior, Minn. 55331 Dear Bob: In order to bring to a satisfactory conclusion a deal which has hung fire too long, I agree to abide by the following terms and conditions in regard to the sale to the City of Shorewood of the tract of land located to the rear of the Country Club Service Station and which abuts the City property north boundary. 1. The price of the parcel shall be $65,000. 2. The cost of removing the underground tanks shall be assumed 50% by Murfin and 50% by Shorewood. 3. Shorewood shall withno1d from the purchase price the sum of $10,000 to guarantee performance of "2" above by }furfin. 4. Upon acceptance by Shorewood of the above mentioned terms, Shorewood shall mail to Murfin at the above address a check in the amount of $55,000. 5. Upon receipt of said check, Murfin shall call his attorney, Robert W. Reutiman, Jr., with instructions to deliver to the City of Shorewood immediately a fully executed deed to the land in question, which deed is presently in Mr. Reutiman's possession in his office at 305 E. Rice Street, Wayzata, MN 55391. 6. After satisfactory removal of the tanks, the City shall calculate the total cost of said removal, charge 50% of the same to Murfin against the- S~O,OOO previously withheld and remit the balance of the.~10,OOO. ~ :This offer by Murfin to share in the cost 9f removing the :tanks is only in effect until February 15,"1986, or the next council meeting, whichever comes first, which, if not accepted by the City by said date, shall be null and void. Very truly yours, H.G. Murfin , It-'e!- . . ORR.SCHELEN. MAYERON & ASSOCIATES, INC. Consulting Engineers Land $urveyors February 6, 1986 Mn/DOT Oistrict 5 2055 North Lilac Drive Golden Valley, MN 55422 Attn: Mr. William M. Crawford, P.E. District Engineer Re: l-later Tower Site, S. T. H.No. 7 City'ofShorewood, Minnesota ' OSM Commission No. 3707.:40 Dear Mr. Crawford: Enclosed is a copy of a preliminary plan showing a water tower located in the southeast corner of the unused roadside park area on the south side of S.T.H. No.7. As we- discussed at our meeting on January 22, 1986, the Cityi s interested in possibly obtaining this site to construct an elevated tower. With this letter, we are requesting r4n/DOT to.review this site as a possible tower location for the City of Shorewood. If you require additional information to aid in your review, pl~ase contact our office.- Very truly yours, ORR-SCHELEN-MAYERON & ASSOCIATES, INC. fy/~ J ,e P. Norton, P.E. Ci y Engi neer J PN : n 1 b Enclosure cc: Mr. Dan Vogt, Shorewood Administrator Mr. Glen Froberg, Shorewood Attorney 2021 East Hennepin Avenue. Suite 238 . Minneapolis, Minnesota 55413 · 612/331- 8660 .. I DEEPHAVEN i~ . ~- I ~- I : : I II ~-+~ " ... E (sr ALBANS BAY) PROPOSED WATER TOWER SITE ---..7----..-...---.- - Oro." 8y Dote C omm No. ~ ORR SCHELE~ '1AYERO~ ()18M &.\SSOCIATE~,. INC. COISUlTlI' 'IGIIHIU ' ~H"'''':,", A.!. : .i,.. l....OSU"VfYO"S ~,"'..i to: V '.... 'I. .~ '.; ',,,u ~ DiVISION Of ~IDDE CONSULTANTS INC L'OCA TION : MSM z..-~& ~107.40 . . NO SCALE OrQWlno Title Sheet No PROPOSED WATER TOWER SITE ON MN/DOT PROPERTY SHOREWOOD, MN. 1 -. ,. . CITY OF SHOREWO~ REGULAR COUNCIL MEETING MONDAY, FEBRUARY 10, 1986 ~UNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. M I NUT E S CALL TO ORDER Mayor Rascop called the Regular Council meeting of Monday, February 10, 1986, to order at 7:30 P.M. in the City Council Chambers. PLEDGE OF ALLEGIANCE AND PRAYER Mayor Rascop opened the meeting with the Pledge of Allegiance and a Prayer. ROLL CALL Present: Mayor Rascop, Councilmembers Shaw, Stover, Gagne and Haugen (arrived at 7:45) Staff: Engineer Norton, Attorney Froberg, Planner Nielsen, Administrator Vogt and Clerk Kennelly APPROVAL OF MINUTES Moved by Gagne, seconded by Stover, to approve the minutes of the regular City Council meeting of i:ebruesrJ,Y....l0 , 1986 as corrected in the official minutes book. Motion carried unanimously - 4 ayes (Haugen delayed). *' .:r'hvu Afr:._Y 21) MATTERS FROM THE FLOOR Seniors Center Report Shorewood representative Rosella Schmidt was present to update the Council on the progress and the increasing use of the Senior Center. She thanked the Council for their financial support to the Center. PLANNING COMMISSION REPORT Stover reported that the Planning Commission discussed the Heritage Residence and the Near Mountain Project at the meeting of February 4, 1986. PARK COMMISSION REPORT ;":;,:.- Snowmobile Ordinance Amendment .- . Council reviewed the proposed Snowmobile Ordinance amendment. Rascop questioned. curfew hours and speed limits along the trail system. Stover wondered how enforceable the Ordinance would be. Gagne felt the hours whould be extended to keep the snowmobiles on the trails rather than uncontrolled areas. I CITY COUNCIL MIN~S MONDAY, FEBRUARY 10, 1986 page two . PARK COMMISSION REPORT - continued Snowmobile Ordinance Amendment - continued Shaw moved, seconded by Gagne, to refer the Ordinance back to the Park Commission for further study. Motion carried - 5 ayes. Audience comments were made. The SouthWest Trail Association is willing to add additional 20 MPH signs and also post signs listing curfew times. Bill Kullberg explained that they would like to conduct a noise test along the trail and if levels are high they will do plantings and re-test after the growth period. Test results will be submitted to the Park Commission. Another member of the audience felt the Ordinance should be more restrictive. ;/;;. No I j r-;;: ~31 A jj.r]v, ~;';, T ()J A,S g ,'A:tC,r2 f'j) 17> 11-1 t;;. PA~~lC.. ~ 'In Ire: KDIJ foIL I? Iff.01YlyrH'tW):> Ih7 (}j). CONSENT AGENDA Liquor Store II Lease Agreement The lease agreement had been negotiated for a one year lease with Ryan Construction for Liquor Store II for April 1, 1986 through March 31, 1987. Finance Committtee Appointment The Finance Committee would like to appoint Maria Malooly as Chair- person and John Bridge as Secretary to their Committee. Stover moved, seconded by Gagne, to approve the Liquor II lease and the Finance Committee appointments as requested. Motion carried unanimously - 5 ayes. SHOREWOOD YACHT CLUB - DOCK LICENSE (add to) RESOLUTION NO.5-86 Council reviewed the staff report answering questions the Council had regarding the yacht Club's operations. Gagne moved, seconded by Stover, to approve the issuance of the 1986 Dock License to the Shorewood Yacht Club. Motion carried - 5 ayes - Approval to be added to Resolution #5-86. COVINGTON VINE RIDGE FINAL PLAT ~ Planner Nielsen reviewed the Development Agreement~Covington Vine Ridge with the Council. Haugen questioned if occupancy permits can be issued prior to completion of roads to that area, or does the Ordinance address a time limit on the completion of the dwellings. Nielsen stated that the State Uniform Building Code does set criteria in order to obtain an occupancy permit, but additional requirements can be added by Ordinance. Shaw stated that the price range of the building permit being requested is higher than the proposed prices. They felt that the Council approved the smaller lot to provide for medium income housing. Housing that would not be competition to the Trivesco project where the lots are larger. CITY COUNCIL MIN~S MONDAY, FEBRUARY 10, 1986 page three . COVINGTqN VINE RIDGE FINAL PLAT - continued ~ H~rl could not address the valuation issue because he is not the builder, but felt the price of the proposed homes will be less than the model. COVINGTON VINE RIDGE DEVELOPMENT AGREEMENT RESOLUTION NO. 8-86 Gagne moved, seconded by Haugen, to approve the Development Agreement as presented. Resolution approved by Roll Call Vote - 5 ayes. FINAL PLAT APPROVAL - COVINGTON VINE RIDGE RESOLUTION NO. 9-86 Gagne moved, seconded by Haugen, to approve the Final Plat for Coving- ton Vine Ridge. Resolution approved by Roll Call Vote - 5 ayes. ... ! COVINGTON VINE RIDGE P.U.D. QRDINANCE NO~-1I~ ORDINANCE AMENDMENT Stover moved, seconded by Gagne, to adopt the Covington Vine Ridge P.U.D. (Planned Unit Development) by amending Ordinance #168. Ordinance adopted by Roll Call Vote - 5 ayes. NEAR MOUNTAIN P.U.D. to,.Jsr(2.Ml:A Pete Pflaum was present to discu.:.:tthe Near Mountain development and to request a building permit to .tI ac&- a model building on that site. Nielsen indicated that the Development Agreement was not presently completed at this time. Engineer Norton addressed the issue of grading and percentage of slope proposed for areas of the development. Pflaum felt the steeper slopes were necessary to maintain the existing trees. He felt he could adequately plant the slopes to keep erosion from occurring, and took on the responsibility to ensure that result. Norton fel~ a compromise would be advisable. Stover felt the responsibility of the slope against erosion should be placed in Development Agreement. DEVELOPMENT STAGE APPROVAL RESOLUTION NO. 10-86 Stover moved, seconded by Gagne, to approve the Development Agree- ment subject to Planning Commisssion recommendation. Motion to omit Engineer Nortons recommendation of grading of slope and turning responsibility of erosion on Developer until the time in which the roads are turned over to the City, and then responsibility is turned over to the Homeowners Association. Motion to include issuance of a grading permit, and building permit to construct one building contain- ing 2 living units. Resolution adopted by Roll Call Vote - 5 ayes. CITY COUNCIL MIN~S MONDAY, FEBRUARY 10, 1986 page four . C.U.P. (CONDITIONAL USE PERMIT) (MEADER) CAR WASH RESOLUTION NO. 11-86 Scott Mann presented a new landscape plan for the previous Meader car wash at 24245 Smithtown Road. Scott Mann and Steve Kellogg are the new owners of that property. Mr. Mann addressed the Council concerns on possible traffic problems of stacking and entrance and exit to the business. A two year bond will be submitted to insure proper landscaping. Shaw moved, seconded by Gagne, to grant a C.U.P. as requested to the Mann and Kellogg Car Wash. Motion carried by Roll Call Vote - 5 ayes. WEIGHT RESTRICTION ORDINANCE RESCINDED ,.(}R-f)!NANCE NO. 1'Y? Letters were received from garbage haulers expressing their concerns on the Weight Restriction Ordinance. Other affected groups were present to discuss the effect of this Ordinance on their various operations. Attorney Froberg addressed the method of obtaining special permits for various types of vehicles to operate their business. Garbage hauler Bill Wrede felt that if other types of vehicles were issued permits to operate, haulers should be able to operate in the same manner. The Council discussed the possible contracting and dividing up the city into various service areas and appoint one hauler to each of those areas, thus limiting the use of the streets use down to one hauler per area. Haugen moved, seconded by Gagne, to rescind Ordinance #175 adopted by Council on the 16th day of December, 1986, and refrain from its publication, thus reinstating Ordinance #163. Haugen moved, seconded by Gagne, to direct to staff to study various methods of dividing up the City for haulers in order to reduce the usage on City streets. A limit of three months to determine a solution for the haulers was given. S.E. AREA TRUNK WATER SYSTEM "fO Engineer Norton read~loud his feasibility report dated 2/6/86. He als9 ~~ad the letter(~rom Bill Crawford, Engineer of District 5 for MnDQT~ referring to possible acquisition of land for placement of a water tower. Gagne questioned additional tower height costs versus lano cost. Engineer Norton felt it would cost approximately $1,000.00 per_ _foot for addi tional 20 feet of height needed in the difference of elevation on the MnDOT property versus the Mason property. Stover suggested that the underground storage and ~ump house, wi th space for a treatment facility be constructed now arid"l8:ter construct overhead {, storage after the determiniation of the new intersection has been made. CITY COUNCIL MIN~S MONDAY, FEBRUARY 10, 1986 page five . S.E. AREA TRUNK WATER SYSTEM - continued Resident Bob Snyder was opposed to the construction of a 54' x 32' pumphouse and would like to see the location changed. Norton indicated that too much underground piping was already in, in preparation of that location. PREPARATION OF WATER FEASIBILITY REPORT RESOLUTION NO. 12-86 Haugen moved, seconded by Gagne, to prepare a water feasibility report to include a water tower now and a treatment facility in a later phase; site to be determined prior to report. Motion carried by Roll Call Vote - 4 ayes - 1 nay (Stover). ACCEPTANCE OF FEASIBILITY REPORT RESOLUTION NO. 13-86 Gagne moved, seconded by Shaw, to accept include the alternative site locations. Vote - 4 ayes - 1 nay (Stover). "./tD,Js 1II1..ri41\fr APPOINTMENT OF BONb--~TTNi'il the feasibility report to Motion carried by Roll Call Gagne moved, seconded by Haugen, to appoint Springsted Inc. as bonding consultants for the water improvement for the S.E. quadrant. Motion carried - 5 ayes. JUVENILE DATA REPORT Officer Litsey explained the various terms and what they represent in the juvenile repqrt. Council questioned what type of cases do they handle and what other agencies are involved and to what degree. DRAFT POLICE AGREEMENT DISCUSSION C, rfl eS approve/the draft agreement to powers!agrG8mont for consideration. (Haugen - due to non attendance Gagne moved, seconded by Stover, to be fo~warded to the other (3) joint Motion carried - 4 ayes - 1 abstain at the drafting meeting). Gagne moved, seconded by Shaw, to direct the Administrator to send cover letter with contract to the individual Councilmembers at their residences. Motion carried - 4 ayes - 1 nay (Haugen). ATTORNEY'S REPORT RESOLUTION NO. 14-86 Rosenthal Denial .. Stover moved, second~g by--Haugen, to accept the Resolution of Denial as revised. Motion carried by Roll Call Vote - 5 ayes. Naegele Litigation A settlement has been made ,between the City and Naegele Sign Company and a stipulation is being prepared. CITY COUNCIL MINtltS MONDAY, FEBRUARY 10, 1986 page six . ATTORNEY'S REPORT - continued Heritage Residence Discussion Joe Gorecki was present to discuss ways of acqulrlng municipal water service to their project on Lake Linden Drive. Four alternative plans were suggested within the January 30, 1986 Planner's Report. Staff recommends item 3 or 4, Developer feels Item 4 is the only possible alternative. (#4. The developer could negotiate with other property owners to petition the City to install the improvements and assess the cost back to the petitioners.) Gorecki questioned the park fund fees for this elderly housing project. Shaw indicated that the Park Commission recommendation was to keep the $500.00 individual charge as is. Nielsen stated that the fee is based upon need. Shaw felt the facility may require various needs that could be supplied through park funds, such as transpor- tation. Gorecki felt that with the narrowing margin of profit, that a 73 unit facility would be needed. Council did feel that they could support that number. ADMINISTRATIVE REPORTS Island View Road Clerk Kennelly reported on the procedure of checking for deed accesses and informing the affected residents of Island View Road prior to the Council submitting that property for state land sale. Froberg tried to obtain a Torrens Certificate for research an deed, but deed has not been filed at this time. Council feels that they are not responsible for further action. State Revenue Short Falls Short falls in revenue have not been determined at this time. Rascop does not want to do any budget amendments until the figure can be clarified. Shaw moved, seconded by Gagne, to recommend that each department reduce their expenditures by 1% effective immediately. Motion carried 5 ayes. Murfin Property Purchase A letter has been received from Murfin offering to split the cost of removing tne storage tanks by holding back $10,000 of purchase price until t~e re~oval of the tanks is completed. Haugen directed the Administrator to respond to Murfin indicating that their offer did not include any responsibility for the removal of tanks and they nave not changed their offer. CITY COUNCIL MINJltS MONDAY, FEBRUARY 10, 1986 page seven . MAYOR'S REPORT Task Force Meeting Rascop will be attending another Lake Access Task Force on February 13, 1986. Tree Program Mayor directed City Clerk to obtain information on a reforestation program for 1986. LMCD A public hearing will be held to hear Boulder Bridge's request to move their lagoon dockage onto the lake shore outside the lagoon. COUNCIL REPORTS Borchart Property Fire The building will be torn down as soon as the Fire Marshall completes his investigation. I Vine Hill Furniture Sign Violation Notification has been sent and no response has been received. Nielsen will turn the complaint over to the City Attorney for further action. APPROVAL OF CLAIMS AND ADJOURNMENT Haugen moved, seconded by Gagne, to adjourn the Regular Council meeting of February 10, 1986 at 11~28 P.M. subject to approval of claims. Motion carried - 5 ayes. General Fund - Acct #00166-02 Regular checks # 31685 - 31737 = $ Payroll Checks # 200101 - 200122 31,749.97 9,098.39 40,848.36 $ Liquor Fund - Acct. #00174-02 Regular checks # 4365 - 4390 = $ Payroll checks # 200123 :...;;--200135 38,890.61 2,487,02 $ 41,377.63 RESPECTFULLY SUBMITTED Sandra L. Kennelly Mayor Rascop