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051385 CC Reg AgP , / , . 1 CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, MAY 13, 1985 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. AGENDA CALL TO ORDER A. Pledge of Allegiance and Prayer B. Roll Call . Shaw ~/ Stover Gagne ~ Rascop ~ Haugen ~ Mayor 1. APPROVAL OF MINUTES A. Regular Council Meeting - April 22, 1985 (Attachment #1) 2. MATTERS FROM THE FLOOR A. B. 3. SITE PLAN REVIEW Applicant: Robert Pierce Location: 5540 County Road 19 {Attach. { " { " ( " 3a - Planners Report 3b " "8/3/84 3c - Engineers " 8/3/84 3d - Watershed District Approval) 7:45 4. PUBLIC HEARING - REQUEST FOR SETBACK VARIANCE Applicant: Michael Halley Location: 24000 Stratford Place (Attach. 4a - Planners Report) 8:00 5. PUBLIC HEARING - SIMPLE SUBDIVISION AND LOT WIDTH VARIANCE Applicant: Susan Bonthius - (Handy Estate) Location: 27190 Edgewood Road (Attach. 5a - Planners Report) 6. PLANNING COMMISSION REPORT A. B. 7. PARK COMMISSION REPORT A. B. # " 1 COUNCIL AGENDA - 2 - lV1P.Y 13, 1985 8. DISCUSSION OF POLICE DEPARTMENT BUILDING LOCATION RESOLUTION A. Al Albrecht (Attach. 8 - Copy of Resolution) 9. CONSENT AGENDA Item A - Contract Approval 1. Tonka Babe Ruth 2. South Tonka Little League Item B - Video Update Sign Request (Attach. 9b - Permit Application and memo Item C - Appointment of Rosella Schmidt to the South shore Senior Center Advisory Board Motion moved by Seconded by Vote % (A. ttach. ~ .. S~ 9c - Letter 10. PLANNERS REPORT A. Shorewood Video - Sign Permit (Attach. lOa - Memo) B. Variance Request Clarification - Gerry Hayes (Attach. lOb - Memo) 11. SILVER RIDGE FINAL PLAN Applicant: James Bruce Location: Covington Road (To be received later) -South of Ridge Road (Attach. lla - Planners Report) ( " lIb - Final Plat) ( " llc Development Agreement) 12 WATERFORD FINAL PLAN Applicant: Trivesco Location: N.W. quadrant of Covington Road and Vine Hill Road A. Final Plat B. Development Agreement C. Ordinance to Rezone D. Water Service Agreement E. Water Franchise Ordinance .' ~ COUNCIL AGENDA - 3 - MAY 13, 1985 13. STORM WATER ASSESSMENT POLICY (Refer - March 25 packet) 14. ATTORNEY'S REPORT A. B. " 15. ENGINEER'S REPORT A. Project 84-5 B. 16. MAYOR'S REPORT A. B. - Estimate Voucher #3 (Attach. 15a) 17. COUNCIL REPORT A. B. 18. ADMINISTRATOR'S REPORT A. Public Works - Staff Change / I /, /~/ ~~~ B. 19. APPROVAL OF CLAIMS AND ADJOURNMENT " . ~':.'~.7 .:. ~'. . :,..,l,,' './. . .... . l .' .,. ~ 'b ~ "".... . , .. ~ I. , ~." ._.J;.'.-:! ~ ' - 'O.,-to t', '- CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, APRIL 22, 1985 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 6:30 P.M. WATERFORD DEVELOPMENT CONTRACT REVIEW 7:30 P.M. REGULAR COUNCIL MEETING M I NUT E S CALL TO ORDER The regular meeting of the Shorewood City Council was called to order by Mayor Rascop at 6:30 P.M. for the purpose of reviewing the Waterford Development Contract to be followed by the Regular Council Meeting on Monday, April 22, 1985. 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, Planner Nielsen, Administrator Vogt and Clerk Kennelly. ( WATERFORD DEVELOPMENT CONTRACT REVIEW Planner Nielsen began the review of the Development Contract and the changes that were agreed upon at previous staff and developer meetings. Froberg submitted amended pages to replace those in the current copy of the development ,agreement. Council requested clarification on many areas of the contract. Questions were also addressed from the audience. Each of the pages of the Contract were reviewed and changes were noted for resubmittal of the subse- quent draft. Mayor Rascop ended the review and began the regular council meeting. After the regular Council matters have been hand- led, the Council will return to complete the Contract Review. COUNCIL BREAK APPROVAL OF MINUTES Haugen moved, seconded by Gagne, to approve the minutes of the reg- ular Council meeting of April 8, 1985 as written. Motion carried - 5 ftyc~ 8:15 - 8:20 (Shaw temporarily excused) Lja~ / . . REGULAR COUNCIL MEETING - 2 - APRIL 22, 1985 MATTERS FROM THE FLOOR Mrs. Vogel of 19795 Excelsior Boulevard asked when the "Well Study Committee" would be meeting. Mayor Rascop indicated that the City had received only three (3) written applications from interested residents. Additional applicants would be needed to establish the committee. Kay and Dean Johnson of 5875 Cathcart Drive asked what the City was doing in reference to a summons from Freddie Nephew of 5890 Cath- cart Drive. This summons names the Johnsons and the City of Shore- wood as co-defendants in a damage suit from a storm water drainage problem. The Administrator has informed the City's Insurance Agency and the Insurance Company. The Insurance Company will determine whether they will defend this suit or the City Attorney will do so. PLANNING COMMISSION REPORT Stover reported that the Planning Commission did an on-site inspec- tion of the Bruce property to make a recommendation on the width of the proposed private road. The Commission offered a motion to the Council. Stover indicated that the motion supported a 16' width at the intersection of Covington Road and narrowing down to 12' in some areas of the road. Rascop wanted to see the written motion from the Commission prior to acting on the recommendation. Fire lanes were also discussed. Recommendations will be presented to the Council with specific recommendations on each of the fire lanes. PARK COMMISSION REPORT Gagne stated that the Park Commission reviewed ways of improving and controlling the old railroad bed trail. They also discussed the vandalism at Cathcart warming house and how to prevent additional damage. ZONING ORDINANCE DISCUSSION Planner Nielsen indicated that copies of the new proposed Zoning Ordinance are now available for check-out or purchase. The Public Hearing of this Ordinance will be held April 29, 1985 at 7:30 P.M. at City Hall. ATTORNEY'S REPORT POLICE DEPARTMENT BUILDING Attorney Froberg informed the Council that a Resolution will be coming pertaining to three proposed site locations for the new Police Department building. They would like each of the joint powers cities to review and rank each of the sites according to each city's preferences. The Resolution will be forwarded to the Council for review when the Administrator receives it. . REGULAR COUNCIL MINUTES . - 3 - APRIL 22, 1985 HARDING ACRES A letter has been received asking for final plat approval for the Harding Acres division. Nielsen will inform them of what is needed to proceed. Shaw returned - 8:45 ADMINISTRATOR'S REPORT ROAD REPAIR SURVEY A road survey will be done May 2 at 8:00 A.M. for those Council members and staff that can attend. DEPARTMENT OF NATURAL RESOURCES - LETTER A meeting will be held on April 30, 1985 at 7:00 P.M. with the Department of Natural Resources, Shorewood and Chanhassen Repre- sent~tives, sport~.shing Congress, and others. This meeting is to dlscuss the DN; interest in a public access on Christmas Lake. Haugen woul like to continue working with the lake resi- dents to acquire a small access and set some controls of the type of uses allowed. Gagne would like to attend the meeting and find out what the DNR proposal is, prior to additional discussion with- the residents. FINANCE COMMITTEE A request from the Committee to obtain a delinquent taxpayer list was discussed. Members of the Committee felt because of the in- creasing delinquencies in tax payments, they would like to see what type of properties go tax delinquent and if there is any type of regularities among these properties. No contact will be made with these property owners. Statistics obtained will be pre- sented to the Council. A comparable cost ratio among comparable cities will be done also. MAY COUNCIL MEETING DATES The 2nd meeting in May will be changed from the 4th Monday because of the Memorial Day Holiday to Tuesda~May 28, 1985. ASSISTANT PUBLIC WORKS DIRECTOR INTERVIEWS Interviews will be set for May 2nd beginning at 3:30 P.M. on 1/2 hour intervals for the Assistant Public Works Director Interviews. POLICE AUCTION The police auction will be held the 1st weekend in June at the City Garage. Sargeant Hodgdon has asked if we were interested in participating in the sale. Gagne moved, seconded by Stover, to direct the staff to coordinate with the police department, the sale of unused equipment. . . . REGULAR COUNCIL MEETING - 4 - APRIL 22, 1985 WEED CONTROL SPRAYING A bid for roadside and park spraying of weeds was submitted by James Mahoney in the amount of $1,725 for roadways, and $560 for parks, a total of $2,285. Rascop moved, seconded by Haugen, to accept the bid as submitted and award the contract to James Mahoney in the amount of $2,285 for the 1985 Weed Spraying. Motion carried - 5 Ayes. WATER TRUCK REPLACEMENT PURCHASE Administrator Vogt and Public Works Director Zdrazil presented a recommendation for the purchase of a 1975 International Truck with a 2000 gallon tank to replace the water truck that was damaged. They are recommending a purchase price of $7,100 minus $3,000 trade-in of the 1979 Ford 1 Ton Truck (utility Truck). Gagne stated his opposition to the purchase of used equipment. Rascop moved, seconded by Haugen, to purchase the truck including the trade-in for $4,100 from Astleford Equipment Company, Inc. subject to a dual braking system or equivalent. Motion carried - 5 Ayes. BENSON OPTICAL BUILDING PERMIT Nielsen presented a building application from Benson Optical for a rearrangement of their store in the Shorewood Shopping Center. Gagne moved, seconded by Shaw, to approve the permit as requested. Motion carried - 5 Ayes. MAYOR'S REPORT POLICE DEPARTMENT BUILDING LOCATION Rascop reported that the Mayor's Committee for the Police Depart- ment recommended 3 to 1 in support of the Excelsior site, located East of McDonald's on Highway 7. A Resolution will be corning in support of that site. They would like the four joint powers cities to pass the Resolution in support of that site. Council will review this Resolution when received. Rascop complimented the Police Department for their participation in the Children's Fingerprint Program and the Video taping of Home- owner property for the protection from theft. WATERFORD DEVELOPMENT AGREEMENT REVIEW (Continued) Council continued their review of the Waterford Agreement. The discussion covered insurance limit, signage, well specification, and water storage tank size. Staff will review the Sign Ordinance and return with a recommendation. Norton reviewed the letter from the Trivesco Engineer referring to the Specs for their water system. Shaw would like the Engineer to do some comparison of State. Health Department specifications and a report on the existing system in Excelsior. The Council will review the redrafted agreeraent when it is available. .. . . REGULAR COUNCIL MEETING - 5 - APRIL 22, 1985 COUNCIL REPORTS CABLE COMMISSION Haugen informed the Council of the new Cable Commission members. Gagne was appointed as an Executive Committee Member. Rascop congratulated the new Commission members and thanked Jan for her dedication and service given in the capacity of Board Chairman from the beginning of the Commission until now. WELL STUDY COMMITTEE Administrator Vogt presented the Council with five names of inter- ested residents to serve on the Well Study Committee. He has re- ceived these names in writing and verbally. Rascop moved, seconded by Haugen, to adopt the by-laws for the Committee and appoint the list of members as submitted. Motion carried - 5 Ayes. A request from James Emmer to install a sewer line on Covington Road. This connection will Lot 3, Noelwood Addition. Haugen moved, seconded by Shaw, to approve the request. by roll call vote, 5 Ayes. RESOLUTION NO. 23-85 connection to the M.W.C.C. service the North half of METRO SEWER REQUEST - JIM EMMER Motion carried BUILDING PERMIT REQUEST - ADRIAN JOHNSON A request has been submitted by Adrian Johnson, to build a new home on Lot 11, Raddison Inn Addition. Haugen moved, seconded by Gagne, to deny the permit until a determina- tion can be made by Attorney Froberg as to the right to build on that lot. Haugen added an amendment to her motion to have the cost of the Attorney's opinion be changed and paid by Adrian Johnson. A deposit will be required prior to the research beginning. Gagne accepted the amendment. Motion carried, 5 Ayes. Council also requests the Attorney and Planner to report back to them on the Development Contract and status of the Tingewood project. APPROVAL OF CLAIMS AND ADJOURNMENT Haugen moved, seconded by Rascop, to adjourn the Regular Council Meet- ing of April 22, 1985 at 11:20 P.M. subject to the approval of claims for payment. Motion carried unanimously, 5 Ayes. General Fund - Account #00166-02 Liquor " Account #00174-02 = = Checks #30372 - 30434 " 3305 3372 Respectfully submitted, SANDRA L. KENNELLY City Clerk Mayor .Kascop ~ -, > . GE~ FUND - BILLS PAID SINCE APRIL~' 1985 CHECK NO. TO WHOM PAID PURPOSE 30372 30373 30374 30375 30376 30377 30378 30379 30380 30381 30382 30383 30384 30385 30386 30387 30388 30389 30390 30391 30392 30393 30394 30395 30396 30397 30398 30399 30400 30401 30402 30403 30404 30405 30406 30407 30408 30409 30410 30411 30412 30413 30414 30415 30416 30417 30418 Minnegasco U of M Commissioner of Revenue A T & T A T & T Budget Paper Rolf Erickson City of Excelsior Gross Office Supply Itasca Equip'. Co Ken Jarcho Agency LMCIT Midwest Asphalt Minn. Mutual Life ~.~. Mayer & Sons Minn. Fire Inc. - - NSP Pepsi-Cola Bottling Co SLMPSD Shorewood Tree Svc Tele-Terminals City of Tonka Bay Tonka Printing Warners Hardware Wendell's Whi te Bear Animal Ziegler INc OSM Key Leasing Ev Beck Dan Vogt US Postmaster Ev Beck Roger Day Roberta Dybvik Dennis Johnson Sandra Kennelly Susan Niccum Brad Nielsen Dan Randall Patricia Ray Howard Stark Dan Vogt Ralph Wehle Don Zdrazil continued. . . Badger pump hse utilities MPWA Snow Conference - Public Works March Sales Tax - 1st Qtr Mu~. Water Public Works Equip lease City Hall Equip Lease Coffee April Assessing Fees 2nd Qtr Fire Contract 1985 Office supplies Truck parts In~. Pre~. - Computer Employee Health In~. - May 1985 Rock for Covington Rd Employee Life In~. - May 1985 Gasoline purchase Main~. to Fire Extinguishers City electric service Pop purchase - City Hall May 1985 Budget Hauling wood Lotus 123 & Multimate software 1st Qtr Water/Sewer chgs + Lift St~. Stationery supplies + newsletter Light bulbs - City Hall VOID Nameplates Animal Control - March 1985 Truck parts City Engineering Copy Machine lease - May '85 Mileage .. Utility billing postage Salary VOID Salary .. AMOUNT $ 243.53 40.00 44.50 4.50 50.92 44.00 1,52~.00 10,573.25 18.31 154.14 100.00 1 , 99 f . 64 91i.80 178.02 915.08 42.50 729.70 8f.45 22,369.50 360.00 681.82 750.13 464.00 42.93 -0- 24.23 412.65 75.00 2,769.60 223.30 63.66 11.22 190.06 750.95 -0- 572.08 436.49 560.33 578.87 388.16 702.55 591.22 460.75 525.33 802.13 525.33 749.23 . CHECK NO. TO WHOM PAID 30419 30420 30421 30422 30423 30424 30425 30426 30427 30428 30429 30430 30431 30432 30433 30434 Wager Inc State Treasurer Minnetonka Bank Commissioner of Revenue State Treasurer US Postmaster Metro Waste Control City of Excelsior State Treasurer Cash Brad Nielsen Roger Day Roger Day League of Mn Cities Sandra Kennelly . General Fund - page 2 April 22, 1985 PURPOSE Main~. Agreement - 2 machines VOID April 24 .. payroll - Soe;,... See;,. .. - FWH .. - SWH .. .. - PERA Fill Postage Meter March '85 SAC charges Water Connection charge 1st Qtr Bldg Permit Surcharges Cash (change money) Spring Cleanup Mileage Salary (final) Vacation pay - 12.5 days 11 copies - 1985 Directory Salary TOTAL Approved bg Shorewood Village Council AMOUNT I DATa AMOUNT $ 237.60 -0- 1,552..88 1,361. 00 760.00 908.61 400.00 1,262.25 450.00 151.17 200.00 33.66 572 . 08 675.91 118.25 578.87 $62,99~.14 CHECK NO. 3305 3306 3307 3308 3309 3310 3311 3312 3313 3314 3315 3316 3317 3318 3319 3320 3321 3322 3323 3324 3325 3326 3327 3328 3329 3330 3331 3332 3333 3334 3335 3336 3337 3338 3339 3340 3341 3342 3343 3344 3345 3346 3347 3348 3349 3350 3351 LIQUOR~ - BILLS PAID SINCE APRIL 22~985 TO WHOM PAID Mi~. Bar Supply Intercontinental Pack Eagle Wine Johnson Bros. Griggs, Cooper Prior Wine Griggs Beer Dis~. Ed Phillips & Sons Pogreba Dist Quality Wine BellBoy Corp Steve Swanson Comm. of Revenue LMCIT Minn. Mutual Susan Culver Russell Marron Bob Nash Don Tharalson Stephen Thies John Josephson Bill Josephson Susan Latterner Steve Maeger Chris Meyer Stewart Peterson Dean Young Harvey Chesler Northwestern Bell Ryan Properties Quality Wine BellBoy Corp Griggs, Cooper State Treasurer Mtka State Bank Comm. of Revenue State Treasurer Johnson Bros. Intercontinental Pack Twin City Wine Prior Wine Co Eagle Wine Co Paustis & Sons BellBoy Corp Shorewood Merchants Twin City Wine Johnson Bros. PURPOSE Misc purchase Wine purchase Wine Wine Liquor Wine March beer purchase Wine March Beer Wine & Liquor Liquor Repair equip March sales tax Employee Health Ins - May '85 Employee Life In~. - May '85 Salary .. .. .. t of cost of sign - Service 4/13-5/12 May '85 Rent Liquor Liquor Liquor April 24 .. St. No. 1 payroll - So~. Se~. .. - FWH -SHW -PERA Wine Wine Wine Wine Wine Wine Liquor Advertising & '85 Dues Wine Wine $ AMOUNT 21.55 464.10 795.24 609.97 1,59i.05 520.09 2,133.05 1,46~.44 889.55 2,516.00 2,36i.75 136.74 4,795.31 242.64 37.72 101. 75 429.70 119 . 00 122.00 121.38 206.50 464.46 48.00 274.67 104.25 127.50 382.50 275.00 158.27 1,715.00 2,298.57 905.16 1,830.80 216.96 239.00 128.00 123.44 1,234.34 667.84 310.46 196.39 56.40 16i.46 2,966.15 116.00 78.45 893.20 , , j 1 .j I J , MEMORANDUM TO: FROM: DATE: RE: FILE NO. BACKGROUND . . 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 PLANNING COMMISSION, MAYOR AND CITY COUNCIL BRAD NIELSEN 5 MAY 1985 PIERCE, ROBERT - SITE PLAN REVIEW 405 (85.13) M~. Robert Pierce has requested site plan approval for a four-unit multiple family residential building to be located at 5540 County Road 19 (see Site Location map - Exhibit A, attachedz. The property in question is zoned R-4, Multiple Family Residentia~. As you may recall, M~. Pierce received approval last fall to build an 18-unit condominium building on the subject propert~. Market conditions have changed his financing plans, forcing a change in his approach to the development of the site. While he still intends to put 18 units on the site, they will be separated into four smaller buildings, built in phases (see Exhibit B, attachedz. Many of the review comments from the previous request are pertinent to the current one. For this reason, the previous planning and engineering reports, both dated 3 August 1984, have been enclosed for your revie~. ANALYSIS/RECOMMENDATION While the applicant's request for permit approval for the first building can be processed as a site plan review, subsequent buildings will require different action on the part of the City. It has been explained to the applicant that the three future buildings will require approval as a planned unit development, since the site will then contain more than one principal structur~. A Residential Community on Lake Minnetonka's South Shore 3a.. .... . . PLANNER'S MEMO PIERCE - SITE PLAN REVIEW 5 MAY 1985 Page Two This is not foreseen as a problem, however, one issue should be addressed at this time. The P.U.D. ordinance requires that no two buildings be any closer to each other than one-half the sum of the building height~. In this case, the proposed buildings are approximately 22 feet high and require at least 22 feet of separatio~. This may require some adjustment on the site plan, particularly on the building at the south end of the site. As with the previous request, the primary issues are engineering in nature. In this regard, the appli.cant's plans for drainage, grading and utilities have been designed for the project as it will be once complete~. Approval of the site plan should, therefore be contingent upon verificiation by the City Engineer that these items have been appropriately addresse~. An issue has arisen since the applicant's previous approval regarding a developer's financial capability to complete a given projec~. In this regard, two areas of concern need to be addresse~. First the City needs to be assured that site improvements will be done properly and in a timely fashion. It is recommended that the applicant provide constr~S_!=~()Il_1?~<!~. (subJect to verification by the City Engineer) for the --gradfng (and erosion control), d~~nage facilities, and utiliti:s:- The 'eity shnuld then require a performa~e-OOfiaor~ter of creart in the amount o~of the construction bids to assure that the work is completed to the City's satisfactioIl. The second area of concern pertains to the completion of the building, driveway and parking area. It is recommended that the building permit be subject to the applicant providing evidence of financial capability to complete these items. This should be subject to review and approval by the City Attorney" - One final issue to be addressed is the design and surfacing of the pro- posed parking are~. While it is assumed that the driveway and parking areas will be paved, this is not specified in the plan~. Paving and ~triping should be require~. All parking spaces should be at least nine feetwideaIid 20fe-erdee~. . . p~rn's MiliO PIERCE - SITE PLAN REVIEW 5 MAY 1985 Page Three Based upon the preceding analysis it is recommended that the site plan be approved subject to the following: 1. The site plan should be adjusted to comply with zoning require- ments for the future buildings. Future approvals will require approval as a planned unit development (~.u..~.~. 2. The City Engineer should verify the acceptability of grading, drainage and utility plans. Since the proposed sewer is a lateral line, the installation will be inspected by the City Enginee~. The applicant will be responsible for these cost~. 3. The developer should be required to submit construction bids for the site improvement~. A performance bond or letter of credit should then be required to assure completion of the improvement~. 4. The City Attorney should review the applicant's evidence of financial capability to complete the building, driveway and parking are~. 5. The parking and driveway areas should be paved and properly stripe~. cc: Dan Vogt Glen Froberg Jim Norton Sue Niccum Robert Pierce . JI. v~ ~''''Vf1., ft\,i\,l ,T H'. ., ~ \~~. S T E R~Z:~~j 2~f- i' 200' I 400' I N.?.r~ Part of Lot 6 C-3 . \~(,) !1~I)( ("0 \.: (1-1-) A ~ cSt g >-. R-C o.~ c ~\) - ',i1) /:W).'~' ..~~ - 8:>' '\ op ... I ~i :! ~I ) J ;'!14' / 17 .,.;..., u ~~. ?i'~') ...~ r.~ r ~ J "!..._ __ ~.~ '. .. '\i ~y' '.,' ,'~ , ~ ~ .12 ~ '" . --- .~ .... .-:' 1'V - (ll)J5 _' '-!1~ ...!!.-_ 04I~..:J"~~. (~ :;: ~ Z ~ () , ~:; " ~:L E N ;t \~ 18;11 \9;t' ~. ~i. "'\i "'I .." , ' ; 'J-~) \ 0-") : ! , : CMuFCt\ 1 , "'1, "j ... ~ 20~ 2\ ~i 22 ! I (1-1) I (J!) : (V') I -1 '. '1' ... .? I ,1.' ..i 00.' ",' R~. f l ~-1'T" ~ . I : (J) \ (4") ~ (19) I, /8) J rJ '.\ ~ LOT 22 ~ \ ~ t- ~ --133\""\. g \ 9 I ; I I I t '~ fi, " D. ~ ,> .:.'.).....J . .I ~ ;....../. "'._.....~.,. ---..... ~.-- " ,. 4 CD 4 ~ Z o ... Q o o ~ w a: o x \IJ "o~o ... lie. lie. 0 o '" Cl) III C e ..a c ..a ..a '" - ..a~ > >'" w Cl) C ..a ..a > ~~l~ ~\ ~1J ~: 't. t:(!o 1l\"{< CE.H -rpz- ZZoat '.' ~ , \ ;t~~J'--\ - -\------\. , . ~ .. J. 9 i \ . !'. eft \ \ ~ .r- I Exhibit A SITE LOCATION MAP Includes eXlstlng land use and zoning '. . ..' , . - ...",r ~r ~- \ \.r:~ ,V\ \. \\. \ '\ ,,{ \ '\", ,\ ...~<': .~~ ~J ~ . )!i\. ~~'\ ''t.~V~.~'il ~. -, .' ~'/ ,/ ~ \\.<<r; )/.dJ)"'~/ . /~r .... /.....\.. .{// ~~7.>;.,- .' ..~ /" / . . .._~~ -' ..' \,. .~.h (' c\\.~//.//,; .,' . ~ '\ ~ \~;~..// ' ~t-il ~ ~., , " , O{;, ~-t- 1- \.' '\ \ . . \, \ \~ \' ~ \ ..r " .. ,,-/ "" , .., . ~ -;.:/ C!t("". ~'J,.:, '... "~~ , ......'- ....~ . . Cl'?. ~ I ;--' '(a ~ ,~ J.... \ \ \," , "~ \ \ .'(....;.. .~.:\ , ~ ... "~ ''. . 1. .... 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I' I ......~ ...-/" ,// / /' / ,'" , , .f ~26\}~ 1- .'\ . .. '. /,)' ./ / ~ ..... ~..;.... . :fl,\':" '\;~',I , :-) ,,' '" -' - . " ~.: , - ~..- . . jI/< . ....." .i;~_~ ..:t'- \ , \ \. .[ \~ 9\ . , . \. . . \ , , ~ .. ~~.. .,\\'\.\" ..~..-\\) .... \ . Exhibit B PROPOSED SITE PLAN Includes grading, drainage and utilities .. ~. ~ ~,~~ .~ ~o.~o."'., . . ." " " '. , o. F~T eLEVATION ~" '16".1"0' - ""-'0'-' ~". ~ ~, /'. rD ;.~ .-. ~. :' E'!IJ }{~Ol . , ..... -"[1., . . . . " E)"ar".~?f f;'~~VATlpN " /"" . . -. -. ~ t ,. e ~~.t~;~~~~)l~ 0" ...~-==D.. [} o LEFT 'E>IDe f:LeVATION ~. lit"" I." :i}"~'i""';: .~ .;;~,~;.,": o r,.. , .. . ,}: ~! > '." ~: """""--'T'" " ,}~ t.. ~~ .1; \ \-;~i' t: ~ iq, _ ~" \~ '1 " .~, ~;,}, ,"i' ., r. :j, .' .. , . i ~~"L"",--,,,,~,.,,,,,,," " . Exhibit C PROPOSED BUILDING ELEVATIONS .. ," (e ('e . . MAYOR 'Robert Rascop COUNCIL .Ian Heugen Ted Shew K;risti Stover Robert Gegne 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: 3 AUGUST 1984 RE: PIERCE, ROBERT - PROPOSED 18-UNIT CONDOMINIUMS FILE NO.: 405 (84.22) BACKGROUND Mr. Robert Pierce has submitted plans for an 18-unit condominium project to be located at 5540 County Road 19 (See Site Location map, Exhibit A, attached). You may recall that an earlier similar proposal was submittted by Irwin Mandel Development Corporation (IMDEC) and approve by the City in 1982. The property in question is zoned R-4 which allows multiple family residential development at a density of one unit per 7000 square feet of site area. ANALYSIS/RECOMMENDATION Exhibits B, C and D contain the applicant's Site Plan/Landscape Design; Grading, Drainage and Utility Plans; and Building Elevations, respectively. The proposal conforms to the requirements of the R-4 District in which it is located and is considered very much improved over the IMOEC proposal. To be attractive as condominiums, the units have been enlarged and the buildings roofline has been pitched, giving it a more residential appearance. Landscaping consists primarily of saving and relocating existing vegetation. Additional treatment for the entryways and courty;u:d will be determined after it is known which trees can be saved. As in the IMDEC proposal, the major issues in the project are engineering in nature. The City Engineer's report, date 3 August 198~ is enclosed for your review and address sanitary and storm sewer and water supply to the site. A Residential Community on Lake Minnetonka's South Shore .b ( \. ( ~ MEMO FROM THE PLANNER ROBERT PIERCE 3 AUGUST 1984 Page 2 It is recommended that the plans be approved subject to the recommendations of the City Engineer and the Minnehaha Creek Watershed District. cc: Dan Vogt Jim Norton Gary Larson Sue Niccum Robert Pierce Nick Reuhl .' __ _....... I -- - ____ ---I" -"- -- - ,,-~ ~--" ' _ 'f--'- - , -~. 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" .'. . . .... 0 CL 5 .'. . 5-. <. I vr~::~ ~t1f:..:t / !8::'B~' I . ..' . ~ . , . . ,I '. Exhibit D PROPOSED BUILDING ELEVATIONS r' ~ (e (e ORR.SCHElEN. MAYERON & ASSOCIATES, INC. Consulting Engl/7eers Land Surveyors August 3, 1984 City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Re: Grading, Drainage & Utility Plan Prepared for Bob Pierce Proposed Apartment Building County Road 19 & Glen Road Dear City Officials: We have reviewed the grading, drainage and utility plan for the Bob Pierce property at Glen Road and County Road 19 as prepared by Schoell & Madson, Inc. Our review comments will address the following items: 1. Sanitary Sewer 2. Water 3. Storm Drainage 1. SANITARY SEWER Service to this property is proposed as shown on the utility plan by an 8" sani- tary sewer along the west property 1 i ne tyi ng into the sewer 1 i ne in Gl en Road. This appears to be acceptable with the following exceptions. This property has only a point frontage on Glen Road. Therefore, wherever the pipe crosses adjacent property, a permanent easement must be obtai ned. Al so, the si ze and location of the line leaves it unclear if the developer intends for the City to take over this line or whether it will remain private and the owner will maintain the line. This matter should be addressed. 2. WATER As has been mentioned several times in the past on other proposals for this pro- perty, water is not immediately available to this site from a Shorewood line. However, there is more than sufficient capacity to serve this property from the Badger Field well. If a new line were to be brought over to serve this property, an equitable assessment would have to be determined. The utility plan submitted shows a new we 11 proposed to serve thi s property. This is an alternative to City water, however it would only supply the domestic flow requi red. If the City of Shorewood intends to have City water in the near future, allowing the proposed well to go in is a dis-service to both the developer and the City. A resulting duplication of costs could occur for the developer, and the City would have permitted an un-needed well to be drilled. c " . . Page Two City of Shorewood August 3, 1984 The question of fi re flow capabil ity is a tough one to answer. If a new 1 i ne were brought over from Badger Field, fire flow as well as domestic flow would be immedi ately avail able to the site. If a new 1 i ne was not brought over, the domestic supply would be provided by the proposed well, and the fire flow would be available from the Tonka Bay hydrant directly across the street from Glen Road on the east side of County Road 19. The developer is covered either way. With this in mind, the long range plan of the City with regards to water would have to dictate the method of supply to this property. 3. STORM DRAINAGE Handl i ng the storm drainage from and around thi s property has been a much di s- cussed problem for years. Without addressing the overall drainage issue, what has been proposed on the gradi ng, drai nage and util ity pl an for thi s property will adequately handle the runoff. Also, the floor elevations, as proposed, will protect the building structures from flooding. The effect this development will have on the overall drainage problem is negli- gible, however it will further compound the problem. A solution to the overall drainage problem is shown in the 1975 Comprehensive Storm Water Report. Other variations of the report method solution have also been presented to the Council in the past. We will be happy to di scuss these revi ew comments with you. If you have any questions, please call me. Respectfully, ORR-SCHELEN-MAYERON & ASSOCIATES, INC. &--.p.r;~ James P. Norton, P.E. Ci ty Engi neer JPN:nlb . ~'c.''''''''''~ ~IJ~+ . ,\ . ~~:~,.t ~ED t)\~ . WA1ERSHED IOUNDARY / MINNEHAHA CREEK WATERSHED DISTRICT P.O. Box 387, Wayzata, Minnesota 55391 BOARD OF MANAGERS: David H. Cochran. Pres. . Albert l. Lehman. John E. Thomas Michael R Carroll. Camille D. Andre. James B. McWethy. James R Spensley May 2, 1985 Permit Application: 84-120 Applicant: Bob Pierce 440 North Arm Mound, MN 55336 Location: City of Shorewood, Sec. 23ACA, southwest corner of Co. Road 19 and Glen Road Purpose: Grading and Drainage Plan for an 18-unit apartment building Dear Mr. Pierce: Several days ago I met with Gerald Bachman of Schoell-Madson, Inc. to discuss revisions to a grading and drainage plan for an 18-unit apartment building in Shorewood that was originally approved by the Board of Managers at the August 16, 1984 meeting. He told me of your eagerness to proceed with Phase 1 of the project and explained the revisions to the plan. Essentially, the changes have slightly reduced the hard surface on the site and, for this reason, SChoell-Madson is requesting approval of a plan with a detention pond with a reduced capacity. The elevation to which soil will be removed for compensating excavation has also increased from 946.3 to 945.2 I have reviewed the revised site plan and accompanying hydrologic calculations and find that they meet the District standards under which the original permit, which is still in force, was issued. For this reason, administrative approval of the renewal request, inclUding mOdifications to the original site plan, is granted. Please be advised that this approval is still subject to possible revisions that the Board of Managers may require when the permit is formally reviewed at the May 16, 1985 Board meeting. If you require more information, please contact me at 473-4224. Very truly yours, EUGENE A. HICKOK AND ASSOCIATES Engineers for the District J~ 0;.dY. cc: Board G. Macomber B. Nielsen, Shorewood G. Backman, Schoell-Madson, Inc. d .. ( ( ,MAYOR Robert Rascop COUNCI L Jan Haugen Tad Shaw Kristi Stover Robert Gagne 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: 3 AUGUST 1984 RE: PIERCE, ROBERT - PROPOSED 18-UNIT CONDOMINIUMS FILE NO.: 405 (84.22) BACKGROUND Mr. Robert Pierce has submitted plans for an 18-unit condominium project to be located at 5540 County Road 19 (See Site Location map, Exhibit A, attached). You may recall that an earlier similar proposal was submittted by Irwin Mandel Development Corporation (IMDEC) and approve by the City in 1982. The property in question is zoned R-4 which allows multiple family residential development at a density of one unit per 7000 square feet of site area. ANALYSIS/RECOMMENDATION Exhibits B, C and D contain the applicant's Site Plan/Landscape Design; Grading, Drainage and Utility Plans; and Building Elevations, respectively. The proposal conforms to the requirements of the R-4 District in which it is located and is considered very much improved over the IMDEC proposal. To be attractive as condominiums, the units have been enlarged and the buildings roofline has been pitched, giving it a more residential appearance. Landscaping consists primarily of saving and relocating existing vegetation. Additional treatment for the entryways and courtyard will be determined after it is known which trees can be saved. As in the IMDEC proposal, the major issues in the project are engineering in nature. The City Engineer's report, date 3 August 1984, is enclosed for your review and address sanitary and storm sewer and water supply to the site. A Residential Community on Lake Minnetonka's South Shore ( ( MEMO FROM THE PLANNER ROBERT PIERCE 3 AUGUST 1984 Page 2 It is recommended that the plans be approved subject to the reco~~endations of the City Engineer and the Minnehaha Creek Watershed District. cc: Dan Vogt Jim Norton Gary Larson Sue Niccum Robert Pierce Nick Reuhl . , It O~ SMOREWOO , T H ---, - "- ." , " 0 ~~ ~ ~ c~. ,., '~ :: . :.r zl ~ (lij5 _ . '-A1n (&) ~ ; Z ~ ~~ ! .~ -{ J ,00 r. , LEN~i I-R 18;t! 19 't' ...' "'1 ""I' ~ :=:' ' : (~~) \ (1--) , : \! I \..: ! ~ , ., '7' ... ,l'" \'>\.' ! --R4. ..i ~i 1 :i t , 'I U). .l:li , ~ ~ \1' ,-. I I ~..~' ~',,: I -=': ~'S T'EJ~~ r ~ ~ A200( I ')()' ~ -~' 1-tl.,-1 ill Part of Lot 6 N.?~ C-3 <'0 """ ., ~\) \ \ \ ! -l' \ ,I' 1""-q-'T ~ h. 'I I (J) \ (4-) ~ Uh ~2.} ~ ~,\ ~ \ ~ I- ~ --"'\'''-\ 9 \ 9 I . '-~~I)( (1-1-) R-C 83 I ! , , , : CJ.\1)Vljt-\ I ' ~: ":j 20~1 21~! 22 (1-1) I (z.l) I (}If) I I ! I ,~ ~' 26 ~'\.) C-3' (L') -$.f' ~--.-'- --" I I : I I (:I) i,r,. ,'i; U,'",",' ;:.d,Lt1,",k r't. ~' 'I f'r' .' . R~1.i;;;"!" ., ~4t ' r,... ,.,~ . .,~../ 200' I 400' I ," z.; , ~(,) Q o o ~ III II: o :I: III >- Cl CD Cl ~ Z o I- ~ g >-. o.~ Cl ~ o ~ o IAJ o III 44 . ..J C ..J ..J 01> - ..J~ >: -.. . > 1 IAJ o Cl ..J -' > ~'l:-l\:;\ ~1J t,.,,~ ~\_ c.a4~Z20.U :; . ro- I. !:'A , \ ;S~~J'--\ .-\------\ , . -z" .'-SIr: 1 0 i 'PI \ . .+ .- , c " ~~ I ,- ~ Ji.: !::: 1 .-.. -.' 'J ' , tI', ':, ' , , (J '> ' I ;A\~fP, C-&or\>O\\ ~)'{~ (t) ',f L~~~.,~,,~ Exhibit A SITE LOCATION MAP Includes eXlstlng land use and zoning . . LEGAL NOTICE PUBLIC HEARING CITY OF SHOREWOOD NOTICE IS HEREBY GIVEN that the City Council of the City of Shorewood will hold a Public Hearing in the Council Chambers of the Shorewood City Hall, 5755 Country Club Road, Shorewood Minnesota, on Monday May 13, 1985 at 7:45 P.M. or as soon there- after as possible. The purpose of the hearing is to consider a request by Michael Halley for a front yard setback variance for property located at 24000 Stratford Place, said property describ- ed as: "Lot 10, Block 1, Woodhaven Second Addition" P.I.D. #35-117-23-33-0021 Oral and written comments will be considered at that time. Note: The Planning Commission will also consider the request at its regular meeting on May 7, 1985 at 7;30 P.M. Anyone interested is encouraged to attend both meetings. City of Shorewood SANDRA L. KENNELLY City Clerk To be published April 29, 1985 Lf --........ " " ",,", / , " , , "- '" " t /" ---- - /' --- , , ( '" f " 1/ I i ---".~'--- " ",\ " '\ " , ' " , "" , , .. / " , " "''-, " " ---r --- , _ ,__'\---1 - . _ I -- - '-- ,-, ., i 1 , > " . \ i1 "'''' fi !I- / '---/"1 ,/ ~ --~ /'/ +-+ ./"~ t i. : [! , I I ~11!~.1' , "'~ -~'. , , I , ......" "- " " - " "'- " ," , \ \ -f - " ...... ,I ,"'- ~\) ~.. J:J t l .. . 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'. , ' . - 0 Q. . . 5-. .~, ~. d Ii " ...~.. ~ -. if a E3 " 'E3 E ABB ; , , 68 Exhibit D PROPOSED BUILDING ELEVATIONS NOTICE OF PUBLIC HEARING CITY OF SHOREWOOD NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Shorewood will hold a public hearing at 7:30 PM, or as soon thereafter as possible, on Tuesday, June 4, 1985, in the Council Chambers of the Shorewood City Hall, 5755 Country Club Road, Shorewood, Minnesota. The purpose of this hearing is to consider a request by Wellsley Homes, Inc. to rezone property located at 5620 County Road #19 from R-2, Single Family Residential District and C-3, General Commercial District to P.U.D., Planned Unit Development District, in order to construct a three (3) story, 39 unit - condominium project, said property is described as: Lot 26, Auditor's Subdivision #133, Except for a parcel described as follows: Beginning at the Southeast corner of said Lot 26 thence West 81 feet thence North 130 feet thence East 81 feet to the Westerly right-of-way line of County Road #19 thence South to point of beginning Property Identification #33-117-23-13-0012 Written or oral comments will be considered at that time. SANDRA L KENNELLY CITY CLERK To be published May 20, 1985 LEGAL NOTICE PUBLIC HEARING CITY OF SHOREWOOD NOTICE IS HEREBY GIVEN that the City Council of the City of Shorewood will hold a Public Hearing in the Council Chambers of the Shorewood City Hall, 5755 Country Club Road, Shorewood, Minnesota, on Monday, June 10, 1985 at 8:15 PM, or as soon thereafter as possible. The purpose of the Hearing is to consider a request by Marvin L. Boote for a variance to expand a nonconforming structure located at 24340 Yellowstone Trail, said property described as: "That part of Lot 31 lying westerly of a line running from a point in north line of Glencoe Road distance 190 feet southwesterly form east line of said lot to a point in northerly line of Lot 31 distance 351 and 8/10 feet southwesterly from northeasterly line thereof" P.I.D. #33-117-23-41-0010 Note: The Planning Commission will also consider the request at its regular meeting on Tuesday, June 4, 1985 at 7:30 PM in the Council Chambers of the Shorewood City Hall. All interested parties are encouraged to attend both meetings. Oral and written comments will be considered at that time. City of Shorewood SANDRA KENNELLY City Clerk To be published May 20, 1985. LEGAL NOTICE PUBLIC HEARING CITY OF SHOREWOOD NOTICE IS HEREBY GIVEN that the City Council of the City of Shorewood will hold a Public Hearing in the Council Chambers of the Shorewood City Hall, 5755 Country Club Road, Shorewood, Minnesota, on Monday, June 10, 1985, at 8:00 PM, or as soon thereafter as possible. The purpose of the Hearing is to consider a request by Roger Zahn for a variance to expand a nonconforming structure at 5815 Ridge Road said property described as: "Beginning at northeast corner of northeast quarter of southwest quarter thence west assumed bearing along north line of Government Lot 8 a distance of 416.7 feet thence south 22 degrees 57 minutes west a distance 6.5 feet thence south 21 degrees 10 minutes east a distance of 67.9 feet thence south 5 degrees 11 minutes west a distance of 92.4 feet thence south 16 degrees 10 minutes west a distance of 76.92 feet thence south 73 degrees 53 minutes east to shoreline of Silver Lake thence northeasterly along shoreline to its intersection with north line of Government Lot 8 thence west to beginning." P.I.D. #36-117-23-31-0014 Note: The Planning Commission will also consider the request at its regular meeting on Tuesday, June 4, 1985 at 7: 30 PM in the Council Chambers of the Shorewood City Hall. All interested parties are encouraged to attend both meetings. Oral and written comments will be considered at that time. City of Shorewood SANDRA KENNELLY City Clerk To be published May 20, 1985. LEGAL NOTICE PUBLIC HEARING CITY OF SHOREWOOD NOTICE IS HEREBY GIVEN that the City Council of the City of Shorewood will hold a Public Hearing in the Council Chambers of the Shorewood City Hall, 5755 Country Club Road, Shorewood, Minnesota, on Monday, June 10, 1985, at 7:45 PM, or as soon thereafter as possible. The purpose of the Hearing is to consider a request by Kenneth Koester for a setback variance at 24825 Amlee Road, said property described as: "Lot 12, Block 1, Amlee Acres" P.I.D. #33-117-23-21-0009 Note: The Planning Commission will also consider the request at its regular meeting on Tuesday, June 4, 1985 at 7:30 PM in the Council Chambers of the Shorewood City Hall. All interested parties are encouraged to attend both meetings. Oral and written comments will be considered at that time. City of Shorewood SANDRA KENNELLY City Clerk To be published May 20, 1985. ,4 MEMORANDUM TO: FROM: DATE: RE: FILE NO. BACKGROUND . . MAYOR Robert Rascop 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 PLANNING COMMISSION, MAYOR AND CITY COUNCIL BRAD NIELSEN 3 Hay 1985 HALLEY, MICHAEL - SETBACK VARIANCE 405 (85.0n M~. Michael Halley has requested a front yard setback variance to build a home on his lot located at 24000 Stratford Place (see Site Location map- Exhibit A, attached~. The property is currently zoned R-2, Single Family Residential, for which a 35 foot front yard setback is require~. M~. Halley has asked for a 10 foot variance to locate the proposed home 25 feet from the front property line, Exhibit B shows the location of the proposed house relative to the required setbacks and the house located on Lot 1~. There is also a house on Lot 9, but our records do not show its location on the lot. The subject lot drops off from west to east at a slope of 20~. The app- licant has cited the relatively steep slope as justification for a var- iance. ANALYSIS/RECOMMENDATION Although topography has been cited as the reason for the setback variance, it appears that the problem exists only because of the particular "garage forward" design of the proposed house. This is illustrated on Exhibit C, attache~. The sketch shows the same building "footprint" rearranged with the garage on the side of the hous~. It still allows a three car garage, plus the house is moved closer to the road than the applicant's proposal. It should be noted that the floor of the garage will be as much as six feet above grade at the rea~. This is not unusual for walkout styles of buildings, however. Some builders have taken advantage of such situations by using prestressed concrete for the garage A Residential Community on Lake Minnetonka's South Shore q- . . PLANNER'S MEMO HALLEY - SETBACK VARIANCE 3 May 1985 Page 2 floor and creating a walkout storage area below the garag~. Many of the homes in Oak Ridge Estates (Oak Ridge Circle, west of Grant Lorenz Road) have been built that war. The fact that a house can be built at the required setbacks indicates that the property can be put to reasonable us~. This being the case, it is recommended that the variance request be denie~. The applicant should be directed to design a house that fits the lot and the zoning requirements of the R-2 Distric~. cc: Dan Vogt Jim Norton Glenn Froberg Sue Niccum Michael Halley . <! -.J . . . ~ ~ . . . . ~ en DR. . I . . ~ Ct: Ct: ~ :E Exhibit A SITE LOCATION Halley variance re quest / ~T.c4reD . "-. . /ll.M6 SfKlllfORO -;" /on"-s "j.. ~ 5&.59 ~ ~:.H.50'~ Il<; ~(). ()IJ - -, pi-ACE. N -..,.... ,",OU?t, .;. - nOLJ?~ ~ - ~ , .....~ <<---:... ..... -- ~<.. -',.L.L'jJlI[""~~~ '.- ........'.:.,;.::~ ~ flit -... ....~ ~ ~ .... ~ ~~ ... .os. ;;.a... ~ ~ ';Y; .~..- /V"or~: ~~~,..~" obU'~ .,1;-,.... r',,"#/'#W)#"lIIry ~I!),t I(J ~ ~ Scale: 1" ,. 50' Note: learin.. shown are ass...ect Description: Lot 10. Block 1. WOODHAVER SEe Exhibit B PROPOSED BUILDING LOCATION Building placed at 25 feet from street r.o.w. ~ereby certify tfte. t~l. I. . true end cor, the bounderle. of the 'and above de.crlbed anc if eny. thereon. end e" vl.lble encroachment, . . ~"( Q~o ~ ....... I / / / / ( "- "<'..,.. ">..rs. ..>"" ~..,.:) .. ..~ . .a ....~ ~ ;',~~;s. ~" ~~ ~O"~ . . ,.,. ' .~:t ,~ \S ~~ "S~ ...,. '<'..... > ~? ',\".., ~ ..- "" t . ~~ ... ....... ... <> ) ,/ ,'t " " . ~ 50".. Ii """ .: --- t '- --"""""'6. '4#'-..... ',--- ,- , , , ,,-' oil '" ": . - ~ o~ ~ f"I\.., ~ "! ..... ~ ~l ~ '" '. i' c:)\t "- .... L ''....' ,.. .' ~~ qc.~ ~ " \Q \J 4- --l , ~ '0 ~ " -r+- " ~'I Exhibit C ALTERNATE BUILDING LOCATION Complies with required setback . . LEGAL NOTICE PUBLIC HEARING CITY OF SHOREWOOD NOTICE IS HEREBY GIVEN that the City Council of the City of Shorewood will hold a Public Hearing in the Council Chambers of the Shorewood City Hall, 5755 Country Club Road, Shorewood, Minnesota, on Monday, May 13, 1985 at 8:00 P.M., or as soon thereafter as possible. The purpose of the hearing is to consider a request ty Susan Bonthius for a simple subdivision and lot width variance un property located at 27190 Edgewood Road, said property described as: ~ ThAt par~ of Lo~ Fifteen (15), Roward. Point lying SOutheasterly of the following deacribed line, Co.aencing at a point on the shore of Lake Minnetonka distant two hundred fiYe and .eves tenths feet (205.7') SOuthea.terly froe the Northwest corner of Lot Fourteen (14), said Howard. Point, thence Soothwesterly parallel with the Southeasterly line of .aid Lot pourt.en (14) and the extension thereof to the South line of said Lot fifteen (15): Also that part of Government Lot Four (4), Section Twenty-nine (29), Township One hundred seventeen (117), North, Range Twenty-three (23) West of the Fifth Principal Meridian, described as follows: Commencing at the Southwest corner of Sampsons Upper Lake Park, Lake Mlnnetonka, thence North along the West line of said Lot Four (4) to the shore of Lake Minnetonka, thence Easterly along said lake shore one hundred forty-eight feet (148') to the Westerly side of the Outlet Ditch: thence SOuthwesterly in a straight line . and alon, the Westerly side of said ditch to the point of beginning, being a part of Block Three (3), Saapcons Upper Lake Park, Lake Minnetonta; According to the map or plat thereof on file and of record in the office of the Register of Deed. in and for the County of Hennepin and State of Minnesota including any part or portion of any street or alley adjacent to the pr.-!... hereIn conveyed heretofore vacated. · P.I.D. # 30-117-23-44-0018 and 29-117-23-33-0015 Note: The Planning Commission will also consider the request at its regular meeting on May 7, 1985 at 7:30 P.M. Anyone interested is encouraged to attend both meetings. Oral and written comments will be considered at that time. City of Shorewood SANDRA KENNELLY City Clerk To be published April 29, 1985 ~ . . . MAYOR Robert Rascop 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 TO: PLANNING COMMISSION, }~YOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 30 APRIL 1985 RE: HAJIDY ESTATE - SIMPLE SUBDIVISION AND LOT WIDTH VARIANCE FILE NO. 405 (85.10) BACKGROUND Susan Bonthius, representing the R.C. Handy estate, has requested approval to divide the property located at -27190 Edgewood Road (see Site Location map - Exhibit A, attached) into two lot~. As can be seen in Exhibit A, the property currently exists as two separate parcel~. These would be combined and redivided into two buildable lots (see Exhibit B, attached~. Due to the existence of the small lagoon on the easterly side of the property, the division requires a lot width variance of 33 feet (120 feet is required, 87 feet is proposed). The property is currently zoned R-1, Single Family Residential and is occupied by a single family residenc~. ANALYSIS/RECOMMENDATION The two new lots have been designated Parcel A and Parcel~. The proposed division results in lot sizes of 57,000 and 60,000 square feet, respec- tivel~. Despite these relatively large lot areas, there is some concern about the buildable area of Parcel B. This is due to the amount of area used up by the lakeshore setback. The applicant's survey illustrates the current 50 foot setback required by the City and the 75 foot setback re- quired by the Minnehaha Creek Watershed Distric~. Exhibit C shows that Parcel B is quite buildable even at the 75 foot setback requiremen~. A Residential Community on Lake Minnetonka's South Shore 5' . . PLANNER'S RECOMMENDATION HANDY ESTATE 30 APRIL page two It should be noted that Shorewood's new Ordinance increases the lakeshore setback from 50 to 75 feet. This is intended to make the City standard consistent with the Watershed District requirement and to comply with state shoreland management regulation~. Upon recent investigation, it was found that the state requires 75 foot setbacks on property not served by public sewer. For lots located on "general development" lakes (the classification of Lake Minnetonka) and served by public sewer, the requirement is 50 feet. We are currently checking with the Watershed District to see if they plan to make their requirement consistent with the shoreland regulation~. Given the following factors, the lot width variance request is con~idered reasonable: the proposed lot areas exceed the 40,000 square foot requirement by 43% (Parcel A) and 50% (Parcel B) both lots have ample buildable area, particularly with the 50 foot setback requirement the width problem is a function of the shape of the lot created by the lagoon lot widths in the vicinity are generally less than the R-l District requires (some are as small as 50 feet) Based upon the preceding, it is recommended that the lot division and lot width variance be approved subject to the following: 1. The request should be submitted to and approved by the Minnehaha Creek Watershed District; and 2. The applicant should provide drainage and utility easements 10 feet in width along each side of the east and west lot lines and along the shoreline of each lo~. cc: Dan Vogt Glenn Froberg Jim Norton Sue Niccum Susan Bonthius ~ . ,~ ':J. .~ ~ ~ " .. ~ i j^ ,.. ~ .~ 1 c c - ~..: . -0 .., ., '" !": .r- oe. ,0 o . .... :€g ;2; ~\~ - / . -;"..-:::i ~o 1 ,,---' ~ '~ I /1l I /1 4 ~ N' </" ',\" ~ '!., + ; __ ~ A _' - , 1:~..,r- I . \ _ I ~, "'t: ~ , \ :"t' , aC\\ ",,-' ~,.:./ , \rt\ -t~ ,- '" !1: \ \.,. - - I ~::. I _~ 1. .t . f ..__ ,Z' " ) E. '\ j. , r 0 ',. 1 r . ~ r" :Q r; + .......<::. . r;. . Ir-. ~ ~ ,,-. ...,..-p .1, ',.. I '.... ~,,' rl"-" I I ....,,,\\t'\ ---;;, /.~:"~~ "r'- o ~ ,~ .J Exhibit & SITE La . R C CATION ~ . Hand '" d~ visio y .l1.istate - n and lot . proposed 1 w~dth ot variance -+-1 I ~ ~ .~~ I .... . . .to ~,. .S'(C' >.t . ,.~ ~,. 'f"-t .S'(C',. (~ ~.of ~ "-t (~ '(C' ~ 1"=50' \"iAt~ EDGE OF BITUMINOUS Exhibit B PROPOSED DIVISION . . "'0 ~J: .$'~ >.,. )'6 ~)' ~"+ .$'~)' (/~ 6~ ~ "+ (~ ~ ~ I" = 50' r~ti~\ b .\A',,,, EDGE OF BITUMINOUS Exhibit C POTElfrIAL BUILDING SI'fE ~ . . RESOLUTION NO. The Coordinating Committee of the South Lake Minnetonka Public Safety Department consisting of the Mayors of the Cities of Excelsior, Greenwood, Shorewood and Tonka Bay, Minnes~ta, charged with the over-sight of the joint police force, known as the South Lake Minnetonka Publ ic S2 fety Department, upon recogni tion of the need for adequate future physical accomodations for the Department, makes the following resolution: BE IT RESOLVED: 1. That the Coordinating Committee finds the physical plant of the joint police force known as South Lake Minnetonka Public Safety Department, presently located at 143 Oak Street, Excelsior, Minnesota, to be inadequate and inefficient, and that new and modern accomodations are required, and; 2. That, upon submission of recommended member communities for construction of Coordinating Committee selects and ranks sites as follows: site proposals by the new facilities, the the following proposed A. B. being of an area of C. being of an area of being of an area of -1- 8 . - . . , Subject however to the following conditions: 1. That each City in the joint powers group shall by resolution of its City Council endorse this selection within 120 days of the adoption of this resolution,'and egree to be bound by the terms and conditions of the site selection as herein set out. 2. That the City, within which the selected site rests, shall by resolution of its City Council, aXpud wit~in 180 days following the date of this resolution, state that the City has control of the si te sufficient to commence construction wi thin the time period called for herein. 3. That the City, within which the selected site rests, shall secure an opinion from a Municipal Bond attorney, certifying to the capabili ty of the Municipal i ty to finance, through the issuanc.e of bonds, the proposed- facility or in the alternative, the adoption by the City Council of a resolution declaring the City's intent to proceed without the need ~f Municipal bonding. 4. That the City in which the site rests shall be reimbursed for the cost of land and title acquisition in the same manner as they are reimbursed for financing of the construction of the new facility up to a dollar amount of $ Dollars. or That the City, i~ which the selected site rests shall bear the full cost of land and title acquisition without right of contribution from any other member Municipalities, and; 5. That the City within which the selected site rests agrees to bear the full burden of financing the construction of the new facility subject to reimbursement by the member communities of this joint power group in accordance with the terms of the extended contract described herein. 6. That the City within which the selected site rests shall enter into an agreement with the other cities of the joint powers group, running for a minimum period of years, wherein such City agrees to hold title to the selected site in trust for the benefit of the remaining three member cit~es. .. -2- . - . . 7. That the member Municipalities of this joint powers group shall enter into an extension of the joint powers contract governing the South Lake Minnetonka Public Safety Department, which extension shall be for an extension p~riod of not less than years and which shall, as part of its terms, include a provision covering the subject of the investment of the member communi ties in the proposed new facili ty in the event this joint powers group is terminated. 8. That the cost of shall be not greater than specifications shall be Committee. built on the site the design and the the Co-ordinating The following time schedule shall be adheared to: (A) Resolution called for in number one above 120 days from date hereof. (8) Control called for in number two above 180 days from date hereof. (C) Opinion or resolution required in #3 180 days from date hereof. (D) Trust agreement called for in #6 executed 180 days from date hereof. (E) Joint power extension agreement called for in number 7 to be executed within 120 days hereof. (F) Plans and specifications to be completed and approved by Co-ordinating Committee with 240 days hereof. (G) Actual construction to commence within 360 days from date hereof and shall be completed one year following start of construction. 10. In the event all four cities do not accept the recommendations of site number one, then site number two shall be submitted for consideration, subject to the same requirements and limitations. If number two is not accepted then number three shall be submitted for acceptance subject to the same limitations and restrictions. -3- . .... ~--'., ... RESOLUTION APPROVING ACCEPTABLE SITE AND CONTRACT EXTENSION WIJH SOUTH LAKE 111 NNETONKA PUBLI C SAFETY DEPARTMENT WHEREAS, the City Council of Tonka Bay, upon recognition of the need for adequate future phys.ical accommodations for the South Lake Hlnnetonka Public Safety Department, makes the following resolution: BE IT RESOLVED: 1. That the Tonka Bay City Council finds the physical plant of the jo i nt po.l ice force known as the South Lake Hi nnetonka Pub Ii c Safety Department, presently located at 143 Oak Street, Excelsior, Minnesota, to be inadequate and inefficient and that new and modern accommodations are required, and; 2. That, upon submission of recommended site proposals by the member communities for construction of new facilities, the CityCounci 1 selects the following site: v..c Highway 7 Site (City of Ex..celsior) Subject however to the following conditions: 1. That each City in the joint powers group shall by resolution of its City Council endorse this selection within 120 days of the adoption of this resolution, and agree to be bound by the terms and conditions of the site selection as herein /t out. ~. That the City, within which the selected site rests, shall by resolution of its City Council, adopted within 180 days ~h...... /ltct-:::;.r2flt::/. following the date of this resolution, state that the City? V" has control of the site sufficient to commence construction within the time period called for herein. '~ 3. That the City, within which the selected site rests, shall secure an opinion from a Municipal Bond attorney, certifying to the capability of the Municipality to finance, through the issuance of bonds, the proposed facility or in the alternative, the adoption by the City Council of a resolution declaring the City's intent to proceed without the need of Municipal ~bondlng. . ~. That the City in which ~he selected site rests shall bear the full cost of land and title acquisition without right of contribution from any other member municipalities, and; ~ 5. That the City within which the selected site rests agrees to bear the full burden of financing the construction of the new facility subject tp reimburse- ment by the member communities of this joint power group in accordance with the terms of the extended contract described herein. 6.. That the City within which the selected site rests shall enter into an agreement with the other cities of the joint powers group, running for a minimum period of not less than the number of years to pay the bonds or new building off; wherein such City agrees to hold title to the selected site in trust for the benefit of the remaining contributing member cities. 7. That the member municipalities of this joint powers group shall enter into an extension of the joint powers contract governing the South Lake Minnetonka Public Safety Department, which extension shall be for a period not less than the number of years it takes to pay the bonds or building off, which shall as part of its terms, include a provision covering the subject of the investment of the member communities In the proposed new facility in the ev~nt this Joint powers group is terminated. 8. That the cost of the building to be built on the site shall be not greater than an amount to be approved at a later date when final site/construction plans are known; the design and the specifications shall be as determined by the Coordinating Committee. The following time schedule shall be adhered to: (A) Resolution called for In number one above 120 days from date hereof. (8) Control called for in number two above 180 days from date hereof. (C) Opinion or resolution required in #3 180 days from date hereof. (0) Trust agreement called for In #6 executed 180 days from date hereof. (E) Joint power extension agreement called for In #7 to be executed within 120 days h~reof. (F) Plans and specifications to be completed and approved by Coordinating Committee wlthln:240 days hereof. (G) Actual construction to commence within 360 days from date hereof and shall be completed one year fQ.110wlng start of construction. Adopted this day of , 1985. Roll call vote: Ayes Nays . . CITY OF SHOREWOOD MAYOR 'Rebert Rascop COUNCIL .... Haugen , tllCl Sh_ Kristl Stover Robert Gagne ADMINISTRATOR Oeniel J. Vogt 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236 MEMORANDUM TO: FROM: DATE: MAYOR AND CITY COUNCIL BRAD NIELSEN 9 MAY 1985 RE: VIDEO UPDATE - SIGN PERMIT FILE NO. 404 (General) Mike Pitzen, the owner of Video Update, 19455 State Hwy 7, has requested approval of a sign permit to install a new sign. The new sign will be an internally lit, cabinet type wall sign. It will be the same size (3' x 14' - 42 sq. ft.) as their current painted wall sign and will replace the exist- ing painted sign in front of the building. Sin c e the r e que s tis con s i s ten t.w i t h the S h 0 r e woo d Z 0 n i n g Ordinance and the Rapid Oil conditional use permit, approval of the sign permit is recommended. BJN:rd cc: Dan Vogt Mike Pitzen A Residential Community on Lake Minnetonka's South Shore 9,-, /::) . . ~ MAY A ~0Ar.' SUBURBAN COMMUNITY SERVICES 1001 Highway 7, Hopkins, Minnesota 55343 933.9311 May 2, 1985 Daniel Vogt City Administrator City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Dear Mr. Vogt: The Southshore Senior Center's Advisory Board has been in existence two years thfs July. The people on the board were recruited by Thelma Kes, President of the Excelsior Senior Citizen Club, and myself. We are most interested in having the Shorewood Council appoint a resident of Shorewood to the Senior Center's Advisory Board effective June 1985 and for as long as the person wishes to remain on the board. This member would then be a liaison between Shorewood and the Southshore Senior Center. We would welcome anyone the council wishes to appoint. We have asked Rosella Schmidt, a resident of Shorewood, if she would be interested and she has indicated she would be. The meeting to welcome the new members will be at 9:30 A.M. on June 18 at the Southshore Senior Center, at which time we would announce the appointment. I appreciate your help and your interest in the Southshore Senior Center. Sincerely, 3:A~V~ Program Administrator g . A united Way Agency q~ . ~ CITY OF SHOREWOOD MAYOR Robert Rascop COUNCI L Jan Haugen Tad Shaw Kristi Stover Robert Gagne ADMINISTRA TOR Daniel J. Vogt 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 . (612) 474-3236 MEMORANDUM TO: FROM: DATE: RE: MAYOR AND CITY COUNCIL BRAD NIELSEN 9 MAY 1985 SHOREWOOD VIDEO - SIGN PERMIT FILE NO. 404 (General) Mr. Kenneth Lund, owner of Shorewood Video (Shorewood Shopping Center) has requested permits to install a 2' x 10' - 20 sq. ft. permanent sign at the Shorewood Shopping Center. He also requests approval of a tempo- rary (3' x 6' portable billboard). He has indicated that the portable sign would be located in the boulevard in front of the Shopping Center. He has not requested a specific length of time. The permanent sign complies with the requirements of our existing Zoning Ordinance. While temporary signs are not addressed, the City has recently approved temporary signs for businesses and a church in the community. The new Zoning Ordinance allows temporary signs twice a year, for seven days at a time for each property. Neither the existing Ordinance nor the new Ordinance allow signs on public r.o.w. (a five foot setback is required). Therefore if the temporary sign is allowed,it should be located on the Shopping Center property. BJN:RD cc: Dan Vogt Kenneth Lund If) A A Residential Community on Lake Minnetonka's South Shore . .. . . MAYOR Robert Rascop 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 TO: FROM: DATE: RE: MAYOR AND CITY COUNCIL BRAD NIELSEN 9 MAY 1985 HAYES, GERRY - VARIANCE REQUEST (Clarification) FILE NO. 405 (85.04) In March of this year, Mr. Gerry Hayes, was granted a variance to expand a nonconforming structure at 5550 Shore Road. In addition to allowing a new garage, the City agreed to allow an. extension of the existing house to provide a covered entrance for the applicant. The construction drawings for the building permit are now in, and the applicant has changed the covered entrance to an extension of the laundry room (see Exhibit A, attached). Since the variance was specifically granted to allow a covered entry, I feel it is necessary for the Council to make a determination relative to the change in plans. Mr. Hayes will attend the meeting on 13 May to present his request. If there are questions regarding this issue, please contact my office. BJN:rd cc: Dan Vogt Gerry Hayes l;lj 13 A Residential Community on Lake Minnetonka's South Shore , . ,(.';. '.I'~'"'. . .',{'" .'. . . ~. "." -.,... " 2Z'.O" . r~"a- " "0" r.(0)&,0 CN""N'T .~ tJNOEMEN.sIO~C> &y ~'.sT'~ Jt$$ r -- - - no I I I I ~eM. $ TnllQ' Llt:r 7~7.+- I I c;Af!.AG[: I - - - - -' ~. 5/... . J: lIP!!' ~ na' G y~ I'D. -( ,^^"P 4-~!"- _ !~.r". , I RXP'*, 3' I L ... :I".'. ..-:, ...... I=OY'E~ /flON aD L/lvll/Otr TtIe ~ ii) WA-i", ~_ 0''''. ITM.C , . ~!O" ,-'-," ". f~'-~ . .. , .0/INt. ~,. . -'z'-r ~:o' ~-r.'\ . . ;. " w: PL~ 8 If< .~. .~ ~, . . r,...t' "~,-" ...... . I I I I I I M'~"f' r.....a I 'H>ll. I I I b .' !! 7"'~' ~fi. D~. 2 o III ~ t .", ..~'~P"---J ''It , <0 I\J '0 ..,. .,.. I I t'f~ I. t~A~'M \0 .n '*. ~h~b\t A I Ii A ~J1ETRO BU~~D.TECH. INC ~l~' '" r 'i.~:-.~~~nt. ~'_ OU1f*\"Ord . surt_,a 1t10 'r--~.~7;~r,--~ ", . ,,~".Or;'.11A[O .;ur .r" MEMORANDUM r~\~ MAYOR Robert Rascop COUNCI L Jan Haugen Tad Shaw K risti Stover Robert Gagne ADMINISTRATOR Daniel J. Vogt CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474.3236 TO: MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 10 MAY, 1985 RE: SILVER RIDGE P.U.D. - FINAL PLAN FILE NO. 405 (85.02) Jim Bruce has requested approval of the final plan stage of the Silver Ridge P.U.D. The necessary documents for this approval are attached as follows: 1. ~~!~~()PDl.etlt Agreement. This one is modeled after the Robert S.C. Peterson Addition P.U.D. which was approved in December of 1984. The Exhibits will be presented Monday night (the final plat is being revised to comply with Shorewood standards). 2 .~esolution approving the final pIaL This ties final plat approval to the Development Agreement. 3. Ordinance amending No. 77. This rezones the property from --R=r t()~p".lr.D'~""" . '.. .."'.:;'. 4. Declaration of Easements, Covenants, Conditions and Restric- tions. The one contained herein is for the private road. There is a separate document for the tennis court. Note: Wallace Dayton is shown as "Developer". The documents are being changed to say "Declarant". Staff will be prepared to discuss these items on Monday night. fully the process can be completed at that time. If there are questions pertaining to any of the information, please contact office. Hope- any my BJN: rd cc: Dan V ogt Jim Norton Glenn Froberg Jim Bruce A Residential Community on Lake Minnetonka's South Shore \ j\/ \,"--.-/' , DEVELOPMENT AGREEMENT S [I.V EK K IDG E P. U . I> . TillS AGREEMENT made and entered into thiH day of 1985, by and between the City of Shorewood, a Minne~ota municipal corporation, hereinafter referred to as "City," and Bruce Construction Company, hereinafter referred to as "the Developer." WHEREAS, the Developer proposes to plat and develop certain property in the City of Shorewood, said property described in Exhibit A, by means of a planned unit development for single family homes; and WHEREAS, the Developer has heretofore filed his application for a planned unit development and approval of a preliminary plat. Said approval was granted by the City Council on April 8 ,1985. WHEREAS, the City Council approved a final plat for the property on the day of 1985, as set forth in Resolution Number and WHEREAS, a Development Agreement is required pursuant to Shorewood Ordinance No. 122. NOW THEREFORE, in consideration of mutual covenants and guarantees contained herein, the parties hereto agree as follows: 1. That the Developer has filt.'d with the City Clerk the final plat for the development of the property 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 the Developer's final plan for the development of the property. 2. That all improvements and structures to be constructed on the subject property shall be done in compLiance with all laws, ordinances, regulations and standards of the Stall' of Minnesota, City of Shorewood, the Minnehaha Creek Watershed District, the Kiley-Purgatory Creek Watershed District, and Federal laws as may be appLicalJle, l'xcept as hereinaftt~r specifically modified, which compliance shall be reviewed by the City Admini- strator or his agents so as to determine that they are, in fact, in accordanct~ with said regulations herein referred to. 3. That the Developer's attorney, Robert G. Mitchell, Jr., has rendered a title opinion dated , 1985 which opinion guarantees that the Developer in fact has a legal right to become fee owner of the property upon execution of a purchase money mortgage and to enter upon the same for purposes of developing the property. The Developer agrees that in the event his ownership in the property should change in any fashion, except for the normal marketing of lots, prior to the completion of the requi n-mpnl s of this Agreement thut he shall furlllwith 1I0tify tilt' City in wriUlIg lit such a change in ownership. 4, That it is the contemplation of the parties that Outlot B, Silver Ridge Addition, shall be a private road to be constructed by the Developer and maintained by the Developer or the appropriate homeowners association. It is understood by the Developer that the City will not consider taking over said private road until said road conforms in all respects to the minimum standards established for public roads withi.n the City, as determined by the City Engineer. Said private road will be con- structed in accordance with the specifications as set forth in Exhibit C. The Developer agrees to provide the City with an access easement over Outlot B. 5/9/85 I~ 1 5. The Developer agrees to provide an access easement across Outlot B to the owner of the property to the south upon payment by said owner of a proportionate share of the cost of the access driveway. 6. That Outlot A is to be maintained by the Developer or his successors in interest, including the appropriate homeowners association, as common recreational space. 7. The City has previously granted and herewith reconfirms a variance to the setback requirements of the City allowing for the setback from the private street for the construction of homes on Lots 1 and 2, Block 2 within said plat to be no closer than twenty-five (25) feet to Outlot B. Further, the rear yard setback for Lots 1, 2 and 3, Block 2 will be located at the elevation of 910.0 above sea level. All setbacks on the property are as shown on Exhibit D. Except as modified herein, all lots, structures and improvements within the P.U.D. shall comply with the requirements of the R-1 zoning district. 8. That the sanitary sewer servicing said project shall be constructed at the Developer's cost and expense and shall be constructed in conformance with plans and specifications as approved by the City Engineer. The Developer agrees to reimburse the City for costs incurred for inspection of said sewer system. The City agrees to accept ownership and maintenance of sewer laterals one (1) year after completion of their installation. The Developer shall grant the City appropriate easements for the maintenance and repair of sewer laterals. 9. The Developer shall pay required park dedication fees in the sum of $500.00 per lot for a total of $4,500.00. 10. There has been previously assessed against the property certain sewer and utility assessments. In accordacce with Shorewood Ordinances providing for the equalization of sanitary sewer and utilities, the Developer owes the City of Shorewood , plus 7% interest from 1973, as said equalization charge, which charge shall be spread equally over the property for the remaining period of the sewer bond at the time said final plat is approved. 11. That the Developer has provided copies of the Covenants, Easements, Restrictions and other documents relating to the project which have been and hereby are approved by the City Attorney and City Council. 12. Upon completion of the work, the Developer shall have his engineer provide the City with a full set of as-built mylar reproducible plans for the City records. These plans shall include the location and ties of all sanitary sewer services and location of man-holes. 13. The City, its agent snd employees shall not be personally liable or responsible in any manner to the Developer, his contractors or sub-contractors, material men, laborers or to any other persons, firms or corporations whomsoever, for any debt, claim, damage, action or cause of action of any kind or character arising out of or by reason of this Agree- ment or the performance of the work and improvements hereunder. Except with respect- to the acts or admissions of the City's agents, employees, or representatives, the Developer shall save the City, its agents, and employees harmless from any and all claims, damages, demands, actions or causes of actions arising therefrom, and the costs, disbursements and expenses of defending the same. -2- 5/9/85 .. 14. For the purposes of assuring the City that the improvements will be completed according to this Agreement and that the Developer will pay for all claims for work done and for materials and supplies furnished, the Developer shall supply to the City at the time of the execution of this Agreement a Corporate Surety Bond in the amount of at least 150% of the estimated cost of the construction of all improvements, naming the City as an Obligee thereunder. The Bond shall be conditioned upon the perfor- mance by the Developer of his obligations hereunder. In lieu of a bond hereunder required or at the request of the City, the Developer may deposit with the City cash, certified bonds, or an irrevocable letter of credit in a form satisfactory to the City in the same amount as provided hereinabove. 15. The Developer shall reimburse the City for all costs incurred by the City, including that of its consulting engineers, attorneys, planners and administrative expenses incurred by the City in connection with all matters relating to the preparation, administration and enforcement of this Agreement and the performance thereof by the Developer and all other matters relating to the planned unit development plan. The Developer shall be entitled to receive as crE;di t against those expenses all fees heretofore paid the City under and pursuant to zoning and subdivision ordinances of the City. 16. All of said costs at the time of execution of this Agreement are in the amount of 17. In the event tltat 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 forty-five (45) days after receipt by the Developer of written notice thereof, the City, if it so elects, may cause any of the required improvements to be constructed and installed, and may cause the entire cost thereof, including all reasonable engineering, legal and administrative expenses incurred by the City to be paid by assessment against the property contained in said project; or in liew thereof, the City may take legal action against the Developer to collect all the costs of making any of said improvements. In the event of an emergency, as determined by the City Engineer, the notice requirements to shall be and hereby are waived in tt.eir er"tirety, anc the Developer shalJ reimburse the City for any expense incurred by the City in remedying the conditions creating the emergency. 18. The Developer shall, at this own expense, provide temporary dams, earthwork or such other devices and practices including seeding or grading of areas as shall be needed in the judgment of the City Engineer and the engineers for the Minnehaha Creek Watershed District and Riley- Purgatory Creek Watershed District to prevent the flooding, sedimentation and erosion of lands and roads within and outside the plat during all phases of construction, including construction on individual lots. 19. The address for the Developer for purposes of this Develop- ment Agreement is: Bruce Construction Company 539 East Lake Street Wayzata, MN 55391 The address for the City of Shorewood for purposes of this Development Agreement is: 5755 Country Club Road Shorewood, MN 55331 ATTN: Dan V()gt and Orr-Schelen-Mayeron & Associates, Inc. 2021 East Hennepin Avenue Minneapolis, MN 55413 ATTN: Jim Norton -3- 5/9/85 20. It is agreed by and between the parties hereto that this Agreement shall be binding upon and inure to the benefit 01 their respective legal representatives, successors and assign~. In the event any provision 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'. 21. This Agreement may be simultaneously executed in several counterparts, each of which will be an original and all of which shall constitute, but be one and the same instrument. 22. This Agreement shall be construed in accordance with the laws of the State of Minnesota. 23. Signs for the purpose of advertising this project may be erected in accordance with the Shorewood Zoning Ordinance or with the Developer's sign plan only after submission to the approval by the Shorewood City Council. In Presence of: CITY OF SHOREWOOD By: Robert Rascop, Mayor By: Daniel Vogt, City Administrator In Presence of: BRUCE CONSTRUCTION COMPANY By: James W. Bruce, President STATE OF MINNESOTA) ) ss COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this day of , 1985. Notary Public -4- 5/9/85 RESOLUTION NO. WHEREAS, the final plat of Silver Ridge has been submitted in the manner required for platting of the land under Shorewood City Ordinances 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 Minne- sota 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 Silver Ridge is hereby approved. 2. That the approval is specifically conditioned upon the terms and conditions as contained in the Developer's Agreement attached hereto as Exhibit "A". 3. That the approval is further specifically conditioned upon the Developer acquiring appropriate utility easements from adjoining property owners, it being understood that no building permits will be issued until said easements have been acquired. 4. That the Mayor and City Clerk are hereby authorized to execute Certificate of Approval on behalf of the City Council. 5. That this final plat shall be filed and recorded within 30 days of the Developer's receipt 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, City officials and shall entitle such plat to be placed on record forthwith without further formality all in compli- ance with Minnesota Statutes and Ordinances of the City. {}6DP7 i::D ~ .J)a-eed t hi s DAY OF , 1985. Q ~9J/ 0" ~.. ~ ~ ( <{,~ J/ ?7 2. ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 77 IN THE CITY OF SHOREWOOD, BEING AN ORDINANCE FOR THE PlmpOSE 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. 77, Section 16, Establishment of Zoning Districts and Provisions for Official Zoning Map, is hereby amended as follows: "Official Zoning Map may be and hereby is amended by including within the P.U.D. Planned Unit Develop- ment District, property described as: "SILVER RIDGE" 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 1985. Robert Rascop ATTEST: City Clerk 3. J SILVER RIDGE DRIVEWAY DECLARATION OF EASEMENTS, COVENANTS, CONDITIONS AND RESTRICTIONS THIS DECLARATION, made on the date hereinafter set forth by ~~llace C. Dayton and Mary Lowe Dayton, husband and wife, of Hennepin County, Minnesota (hereinafter referred to as "Developer") . WIT N E SSE T H : ~.ffiEREAS, the Developer is the owner of the real estate described in Article I of this Declaration (hereinafter referred to as "Silver Ridge-Driveway") and desires to create thereon a community of single family residential homes together with the use of the driveway on Outlot B for ingress and egress for the benefit of the residents; and WHEREAS, the Developer deems it desirable for the preservation of the usefulness and natural beauty of Silver Ridge- Driveway to establish certain restrictions and convenants as to how Silver Ridge-Driveway may be developed and held since it will be held as a private road and not a city street; and NOW, THEREFORE, Developer hereby declares that Silver Ridge-Driveway, and any tract thereof shall be held, transferred, sold and conveyed and occupied subject to and together with the following easements, covenants, conditions and restrictions hereinafter set forth, which are for the purposes of providing ingress and egress to the lots in Silver Ridge-Driveway and which shall run with the real property, and be binding on all parties having any right, title or interest in, Silver Ridge-Driveway or any part thereof, their respective heirs, successors and assigns, and which shall inure to the benefit of each owner thereof and their respective heirs, successors and assigns. ARTICLE I Property Subject to this Declaration The real estate which is and shall be held, transferred, sold, conveyed and occupied subject to this Declaration is located in the City of Shorewood, County of Hennepin, and State of Minnesota, and is more particularly described as follows: Lots 1 through 3, Block 2, and Outlot A, Silver Ridge, according to the plat thereof on file and of record in the Office of the Hennepin County Registrar of Titles. 4 .r " all of which real estate is heretofore and hereinafter referred to as "Silver Ridge-Driveway". ARTICLE II Definitions The following words, when used in this Declaration shall have the following meanings: Section 1. "Association" shall mean and refer to the Silver Ridge-Driveway Association, a non-profit corporation organized and existing under the laws of the State of Minnesota, its succeseors and assigns. Section 2. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot or Dwelling Unit subject to the Declaration, but shall not mean or refer to the mortgagee of any such Lot or Dwelling Unit unless and until such mortgagee has acquired title pursuant to foreclosure of said mortgage and the period within which the fee owner may redeem from such foreclosure has terminated. Where any such Lot or Dwelling Unit is being sold by the fee owner to a contract vendee who is entitled to possession of a Lot or Dwelling Unit, the contract vendee shall be considered the "Owner" of such property upon furnishing adequate proof to the Association. Section 3. "Lot" shall mean and refer to any plot of land shown on any recorded plat or subdivision plat of the Property, with the exception of any tract(s) or parcel(s) designated as an Outlot, suitable for the construction of single family residences. Section 4. "Dwelling Unit" shall mean and refer to a residential housing unit and attached garage consisting of a group of rooms and hallways which are designed and intended for use as living quarters for one family. Section 5. "Common Property" shall mean and refer to any and all real property owned by the Association for the cammon use, enjoyment and maintenance of the Owners, and such other persons to wham they may delegate these rights pursuant to the Declaration, and to all improvements located thereon and owned or otherwise held by the Association for the common use, enjoyment and maintenance of said persons. At the date hereof the only Common Property is Outlot B. Section 6. "Developer" shall mean and refer to Bruce Construction Company, a Minnesota corporation. Section 7. "First Mortgagee" shall mean a person owing a Mortgage on any Lot or Dwelling Unit, which mortgage is first in priority upon foreclosure to all other mortgages which may affect such Lot or Dwelling Unit. 2 .., Section 8. "Member" shall mean and refer to each person entitled to membership in the Association as provided in the Declaration. Section 9. "Outlot" shall mean and refer to Outlot B on the plat of Silver Ridge which may not have dwelling units. Section 10. "Private Road" shall mean the grade, base, surface, ditches, culverts and other elements and appurtenances which create a driving surface upon the Road Easement which is suitable for vehicular traffic. Sect ion 11. "Property" shall mean and refer to all the real property subject to this Declaration, as described in Article I herein, and all additional real property made subject to this Declara t ion. . Section 12. "Road Easement" shall mean the Right-of-Way serving the Lots for the purpose of ingress and egress and which is legally described as Outlot B. ARTICLE III Property Rights Section 1. Property Rights. Every Owner shall have: the non-exclusive easement of ingress and egress, subject to the obligations of maintenance, protection and preservation set forth at Section 5 below, in and to the Cammon Property which right and easement shall include, without limiting the generality thereof, the right of access to and fram the Owner's Lot over the Cammon Property, subject to the following provisions: (a) The right of the Association to charge reasonable charges and other fees for the use, enjoyment, main- tenance, repair and protection of any improvements situated upon the Common Property including the Private Road situated thereon. (b) The right of the Association to suspend the voting rights and other rights of an Owner to use the Cammon Property and the Road Easement for any period during which any assessment against his Lot or Dwelling Unit remains unpaid; and for a period not to exceed 60 days for any infraction of its published rules and regulations. (c) The right of the Association to dedicate or transfer all or any part of the Cammon Property to any public agency, authority or utility for such purposes, subject to such conditions as may be agreed to by the members. No such dedication or transfer shall be effective unless an instrument agreeing to such 3 dedication or transfer signed by two-thirds (2/3) of each class of members and two-thirds (2/3) of the First Mortgagees (based upon one vote for each Lot or Dwelling Unit for which a first mortgage is owned) has been recorded. (d) The right of the Association, in accordance with its Articles and Bylaws, to borrow money for the purpose of improving, repairing, or maintaining the Common Property, or any improvements located thereon, and in aid thereof with the assent of two-thirds (2/3) of each class of membership, to mortgage said properties, and the rights of said mortgagee in said Common Property shall be subordinate to the rights of the Association's members and rights of First Mortgagees created by this Declaration. Section 2. Title. The Developer may retain legal title to the Cammon Property until such time as Developer has completed the improvements thereon, and until such time, as in the opinion of the Developer, the Association is able to maintain the same, but notwithstanding any provision herein, the Developer hereby covenants for itself, its heirs and assigns, that it shall convey the Common Property to the Association not later than December 31, 1985. Section 3. Taxes and Municipal Special Assessments. Taxes and municipal special assessments which are normally levied against the Common Property shall be divided and levied in equal amounts against the Lots located within the property, which levy shall be a lien upon the individual Lots; provided, however, this section shall not be construed to bridge or abrogate any tax district or authority from levying taxes in any lawful manner. Section 4. Delegation of Use. Any Owner may delegate, in accordance with the Bylaws, his right of enjoyment to the Cammon Property and facilities to the members of his family, tenants, guests, invitees and contract purchasers who reside on the property. Section 5. Use of Outlot B-Driveway. Outlot B is hereby declared to be and to provide a non-exclusive easement for driveway, ingress and egress and utility purposes for the mutual benefit of the present and future Owners of Lots 1, 2 and 3, Block 2, Silver Ridge, subject to and together with the obligations and rights as set forth in this Declaration. Developer hereby acknowledges that the City of Shorewood has no obligation to construct, maintain or service the Private Road on Outlot B, which road shall be and remain a Private Road and that the City of Shorewood does not intend to acquire or open said road as a public road. Each of the benefitting owners shall have the non-exclusive right to the use of the driveway on Outlot B subject to: 4 (a) The Owners shall maintain, repair and replace, if necessary, the said Private Road to at least a standard of quality equal to the private road as it was approved by the City of Shorewood as part of the platting of Silver Ridge, and as may be required from time to time by the ordinances of the City of Shorewood in regard to private roads. (b) The plans, specifications and the awarding of contracts for the private road or for any alterations in the private road after construction thereof, shall be approved in writing by the OWners of a majority of the benefi ted Lots and the costs incurred for maintenance and repair of the private road shall be approved in writing by such lots owners by a majority of the benefited lots. (c) In the event that the Owners fail to maintain, repair and replace the Private Road as provided for herein, the City of Shorewood may undertake to maintain, repair and replace the Private Road as provided for herein, and such actions by the City of Shorewood will not result in the Private Road becoming a public roadway, and the Owners will pay to the City of Shorewood the costs incurred by the City within thirty (30) days of the receipt of such charges, or else such charges shall become a lien upon each Lot in the proportion as provided for herein. Said proportionate share is to be determined by dividing the total costs of maintenance, repair or replacement, including without limitation, the cost of cleaning, snow removal, surfacing and resurfacing, by the number of benefited properties; and each Owner shall become liable for said proportionate share from the date of this Agreement. In the event of multiple ownership of a Lot, the multiple OWners shall be jointly and severally liable for the proportionate share allocable to their Lot. (d) In the event that any Outlot shall be deemed a separate parcel of real property subject to separate assessment and taxation by the State of Minnesota or by any taxing subdivision thereof, the benefited Owners shall and do hereby also assume and agree to pay the amount of any taxes or assessments separately levied against such Outlot in the proportion as provided for in this paragraph. (e) If any Owner interfered with the rights and privileges of another Owner in the use of the private road, except as hereinafter provided, the benefited Owners may commence an action to enjoin such inter- ference and the prevailing party shall be entitled to 5 recover such reasonable attorneys' fees as the court may allow, together with all necessary costs and disbursements incurred in connection therewith. (f) No Owner shall interfere with or restrict emergency vehicle or school bus access to the private road. (g) There may be no amendment to or release of the terms of this Article without the prior consent of the City Council of the City of Shorewood. ARTICLE IV Membership and Voting Rights Section 1. Membership. Every Owner of a Lot shall be a member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot. Section 2. Classes. The Association shall have two classes of voting membership: Class A. Class A members shall be all owners of one or more Lots, except Developer, and shall be entitled to one vote for each Lot owned. When more than one person holds an interest in any Lot, all such persons shall be members. The vote for such Lot shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any Lot. Class B. The Class B member shall be the Developer and shall be entitled to seven (7) votes for each Lot owned. The Class B memberships shall cease and be converted to Class A memberships on the happening of either of the following events, whichever occurs earlier: (a) When the total votes outstanding in the Class A membership equal or exceed the total votes outstanding in the Class B membership; or (b) On December 31, 1988. ARTICLE V Covenant for Maintenance Assessments Section 1. Creation of the Lien and Personal Obligation of Assessments. The Developer, for each Lot owned within the 6 Property, hereby covenants, and each OWner of any Lot by accep- tance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association: (1) annual assessments or charges, (2) special assessments for capital improvements, all such assessments to be established and collected as hereinafter provided. The annual and special assessments, together with interest, costs and reasonable attorney's fees, shall be a continuing lien upon the Lot against which each such assessment is made. Each such assessment, together with interest, costs and reasonable attorney's fees, shall also be the personal obligation of the person who was the Owner of such Lot at the time when the assessment fell due. The said personal obligation for delinquent assessments shall not pass to his successors in title unless expressly assumed by them. Section 2. Purpose of Assessments. The assessments levied by the Association shall be used exclusively to promote the improvement and maintenance of the Common Property. Common expenses shall include (but are not limited to) insurance premiums paid or to be paid by the Association, an adequate reserve fund for maintenance, repairs and replacement of those elements of the Common Property that must be replaced on a periodic basis, includ- ing maintenance, repair and replacement of the Private Road, removal of diseased trees, and maintenance, repairs and replace- ment of water, sewer and the utility lines and fixtures located upon the Common Property, and the expenses of the Association. Section 3. Annual Assessment. The Board of Directors of the Association shall fix from time to time the annual assessment, provided, however, that the annual assessment shall not exceed $100 for as long as the Developer controls the Board of Directors of the Association. The total of the annual assessment shall be in the amount of the estimated common expenses for the year, including a reasonable allowance for contingencies and reserves, less the amounts of any unneeded balances existing from the previous year, and less any estimated payments to be received by the Association for the purpose of defraying the costs of the use of the Common Property. An adequate reserve fund shall be main- tained for maintenance, repairs and replacement of those elements of the Common Property that must be replaced on a periodic basis. If an annual assessment is not made by the Board of Directors as required, a payment in the amount required by the last prior assessment shall be due upon each assessment payment date until changed by a new assessment. Section 4. Special Assessments for Capital Improvements. In addition to the annual assessments authorized above, the Asso- ciation may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Property, including fixtures and personal property related there- to, provided that any such assessment shall have the assent of 7 '. two-thirds (2/3) of the votes of each class of members who are voting in person or by proxy at a meeting duly called for this purpose. Section 5. Notice and Quorum for Any Action Authorized Under Sections 3 and 4. Written notice of any meeting called for the purpose of taking any action authorized under Section 3 or 4 shall be sent to all members not less than 15 days nor more than 45 days in advance of the meeting. At the first such meeting called, the presence of members or of proxies entitled to cast sixty-six and two thirds percent (66-2/3%) of all the votes of each class of membership shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the same notice requirement, and the required quorum at the subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than 60 days following the preceding meeting. Section 6. Uniform Rate of Assessment. Both annual and special assessments must be fixed at a uniform rate for all Lots and shall be due and payable in four (4) calendar quarterly pay- ments, beginning with January 1st and at quarterly intervals thereafter; provided, however, that any lots owned by the Developer shall be assessed at an amount equal to one-tenth (1/10) the amount assessed against Lots owned by persons other than the Developer. Section 7. Date of Commencement of Annual Assessments: Due Date. The annual assessments provided for herein shall commence as to all Lots on the first day of the month following the conveyance of the Common Property. The first annual assess- ment shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors shall fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every Owner subject thereto. The due dates shall be established by the Board of Directors. The Association shall, upon demand, and for a rea- sonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid. A properly executed certificate of the Association as to the status of assessments on a Lot is binding upon the Association as of the date of its issuance. Section 8. Effect of Nonpayment of Assessments: Remedies of the Association. Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of eight percent (8%) per annum. The Association may bring an action at law against an Owner personally obligated to pay the same, or foreclose the lien against the Lot, by judicial proceeding or by sale of the Lot at public auction and conveyance of the same to the purchaser in fee simple in accordance with the statute on foreclosure of mortgages, and out of the monies arising 8 : from such sale, the Association may retain the amount of the assessment, with interest and all legal costs and charges of such foreclosure and sale and the maximum attorneys' fee permitted by law. Suit to recover a money judgment for unpaid assessments and for all costs of collection including reasonable attorney's fees may be maintained by the Board of Directors on behalf of the Association without foreclosing or waiving the lien securing the same. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Property or abandonment of his Lot. Section 9. Subordination of the Lien to Mortgage. The lien of the assessments provided for herein shall be subordinated to the lien of any first mortgage. Sale or transfer of any Lot or Dwelling Unit shall not affect the assessment lien. However, the sale or transfer of any Lot or Dwelling Unit pursuant to a mortgage foreclosure or any proceeding in lieu thereof, shall extinguish the lien of such assessments as to payments which became due prior to such sale or transfer. No sale or transfer shall relieve such Lot or Dwelling Unit from liability for any assessments thereafter becoming due or from the lien thereof. ARTICLE VI Rights of First Mortgagees Section 1. Any amendment to this Declaration which either restricts the rights granted by this Declaration to anyone or more First Mortgagees or which deals with the subject matter as hereinafter described shall, in addition to the requirements of Article hereof, also require the written consent of at least two- thirds (2/3) of the First Mortgagees (based upon one vote for each Lot or Dwelling Unit for which a first mortgage is owned); to-wit: (a) Any amendment which would have as its effect the giving of the authority to the Association of the right by act or omission, to seek to abandon, par- tition, subdivide, encumber, mortgage, sell or transfer the Common Property owned directly or indirectly by the Association; provided, however, that to the extent that the Association is requested to do so (and has a legal interest therefor) the granting of easements for public utilities or for other public purposes consistent with the intended use of the Common Property shall not be deemed a transfer within the meaning of the foregoing prohibition. (b) Any amendment which changes the method of determining the obligations, assessments, dues or other charges which may be levied against an Owner. 9 (c) Any amendment which would have as its effect the giving of the authority to the Association to by act or omission change, waive or abandon any scheme of regulations, or enforcement thereof, pertaining to the architectural design or the exterior appearance of Dwelling Units, the exterior maintenance of Dwel- ling Units, the maintenance of the Common Property party walks or common fences and driveways, or the upkeep of lawns and plantings in the Property. (d) Any amendment which would have as its effect the release of the Association of its duty to maintain fire and extended coverage on insurable Cammon Property on a current replacement cost basis in an amount not less than one hundred percent (100%) of the insurable value (based on current replacement cost). (e) Any amendment which would allow the use of hazard insurance proceeds for losses to any Common Property, for other than the repair, replacement or reconstruction of such Common Property. Section 2. In the event of a default in the keeping of the terms of this Declaration or the Articles of Incorporation or Bylaws of the Association, by an Owner or any person violating or attempting to violate the same, and provided such default has not been cured within 60 days from the date of happening of the default, the Association agrees that, if the First Mortgagee has so requested, it will give notice of such default in such speci- ficity as fully informs the recipient, such notice to be given to the First Mortgagee of the Owner who has committed or permitted the default. Such notice shall be given to the First Mortgagee by mailing the same postage prepaid to the last known address of the First Mortgagee. Section 3. First Mortgagees shall have the right to examine the books and records of the Association during regular business hours upon reasonable notice, which shall not be less than 5 days. Section 4. Any "right of first refusal" relating in any way to a Lot or Dwelling Unit shall not impair the rights of a First Mortgagee to: (a) Foreclose or take title to a Lot or Dwelling Unit pursuant to the remedies provided in the mortgage, or (b) Accept a deed (or assignment) in lieu of foreclosure in the event of default by a mortgagor, or (c) Sell or lease a Lot or Dwelling Unit acquired by the mortgagee. 10 Section 5. First Mortgagees may, jointly or singly, pay taxes or other charges which are in default and which mayor have become a charge against the Common Property and may pay overdue premiums on hazard insurance policies, or secure new hazard insurance coverage on the lapse of a policy, for the Common Property and First Mortgagees making such payments shall be owed immediate reimbursement therefor from the Association. Section 6. Notwithstanding any provision to the contrary in this Declaration or otherwise, no Owner, or any other party, shall have priority over any rights of a First Mortgagee of a Lot or Dwelling Unit pursuant to its mortgage in the case of a distri- bution to such Owner of insurance proceeds or condemnation awards for losses to or a taking of Common Property. Section 7. Any First Mortgagee who obtains title to a Lot pursuant to the remedies provided in the Mortgage or foreclosure of the Mortgage will not be liable for such Lot's unpaid dues or charges which accrue prior to the acquisition of title to such Lot by the First Mortgagee. Section 8. Execution of Mortgagee Protective Agreement. Upon being directed to do so by Developer, or by a successor to Developer, until one hundred percent (100%) of the Lots have been sold and conveyed to individual Owners, the Association shall execute and cause to be recorded from time to time written agree- ments in favor of First Mortgagees or insurers of first mortgages conditioning specified actions of the Association upon specified First Mortgagees approval, permitting such First Mortgagees to take certain actions upon the failure of the Association to take specified action, or conforming the constituent documents to the requirements of such mortgagees or insurers, provided that any such agreements do not contravene the requirements of this Declaration or Articles or the Bylaws of the Association. ARTICLE VII General provisions Section 1. Enforcement. The Association shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Association to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter, without limitation, such enforcement may be against any person or persons violating or attempting to violate any covenant or restriction, either to restrain violation or compel compliance, or to recover damages; and against the Lot to enforce any lien created by these cove- nants; attorney's fees and costs of any such actions to restrain violation or to recover damages shall be assessable against and payable by any-person violating the terms contained herein. 11 ". Section 2. Severability. Invalidation of anyone of these covenants or restrictions by judgment or court order shall in no way affect any other provision which shall remain in full force and effect. Section 3. Duration and Amendment. The covenants and restrictions of this Declaration shall run with and bind the land, for a term of twenty (20) years from the date this Declaration is recorded, after which time they shall be automatically extended for successive periods of ten (10) years. This Declaration may be amended during the first twenty (20) year period by an instrument signed by not less than ninety percent (90%) of the Owners, and thereafter by an instrument signed by not less than seventy-five percent (75%) of the Owners. Any amendment must be recorded. Section 4. Annexation. Additional residential property and Common Property may be annexed to the Property with the consent of two-thirds (2/3) of each class of members. Section 5. Variances. The Developer hereby reserves the right to grant a reasonable variance or adjustment of these condi- tions and restrictions in order to overcome practical difficulties and prevent unnecessary hardships arising by reason of the applica- tion of the restrictions contained herein. Such variances or adjustments shall be granted only in case the granting thereof shall not be materially detrimental or injurious to other property or improvements of the neighborhood and shall not defeat the general intent and purpose of these restrictions. Such right of variance shall terminate upon the Developer selling the last Lot in Silver Ridge. IN WITNESS WHEREOF, the undersigned, being the Developer herein, has hereunto set its hand this day of , 1985. Wallace C. Dayton Mary Lowe Dayton 12 . ~ . . STATE OF MINNESOTA) ) SSe COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this day of , 1985, by Wallace C. Dayton and Mary Lowe Dayton, husband and wife. Notary Public THIS INSTRUMENT WAS DRAFTED BY: LINDQUIST & VENNUM (RGM) 740 East Lake Street Wayzata, Minnesota 55391 J 13 .~ 1 , ,~ r?~r ~Dr' ~ uY~'. J!5't(~1 ~ DEVELOPMENT AGREEMENT SILVER RIDGE THIS AGREEMENT, made and entered into this day of , 1985, by and between the City of Shorewood, a Minnesota municipal corporation, hereinafter referred to as "City," and Bruce Construction Company, a Minnesota corporation, hereinafter referred to as "the Developer." WHEREAS, the Developer is the owner or is purchasing certain property in the City of Shorewood, Minnesota, which property is described in EXhib.it A, attache.!~ hereto. (~7JzJ cLUJ th~~rr WHEREAS, the Developer proposes to plat and develop said property by means of a planned unit development for single family homes; and WHEREAS, the Developer has heretofore filed his application for a planned unit development and approval of a preliminary plat, which approval was granted by the City Council on April 8, 1985. WHEREAS, the City Council approved a final plat for the property on the day of , 1985, as set forth in Resolution Number WHEREAS, a Development Agreement is required pursuant to Shorewood Ordinance No. 122. NOW, THEREFORE, in consideration of the mutual covenants and guarantees contained herein, the parties hereto agree as follows: 1. The Developer has filed with the City Clerk the final plat for the development of the property 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 the Developer's final plan for the development of the property. 2. All improvements and structures to be constructed on the subject property shall be done in compliance with all laws, ordinances, regulations and standards of the State of Minnesota, City of Shorewood, the appropriate Watershed District, and Federal laws as may be applicable, except as here~nafter specifically modified, which compliance shall be reviewed by the City Administrator or his agents so as to determine that they are, in fact, in accordance with said regulations herein referred to. 3. The Developer's attorneys, Lindquist and Vennum, have rendered a title opinion dated ~, 1985, which opinion guarantees that the Developer has the legal right to be- come the fee owner of the property pursuant to a Purchase Agreement the fee owner executed by the developer and; and to enter upon the same for purposes of developing the property. Further, Developer shall undertake to correct and resolve any and all title problems noted in such title opinion. The Developer agrees that in the event his ownership in the property should change in any fashion, except for the normal marketing of lots, prior to the completion of the requirements of this Agreement, that he shall forthwith notify the City in writing of such a change in ownership. yr; (aJ)J 4. Outlot B, shall be the righ~of way for a private road and shall be constructed by the Developer and maintained by the Developer or the appropriate homeowners association. -?- It is understood by the Developer that the City will not consider taking over said private road until said road conforms in all respects to the minimum standards established for public roads within the City, as determined by the City Engineer. Said private road will be constructed in accordance with the specifications as set forth in Exhibit Ct T.h e .DeVe loper ag. rees to provide t.he City with an access easeme t over and across ~UJlot B. ~. plvU/ ~ ~vL ~ nlA-'1.A ~~){- ~ 5. The Developer agrees to provide a non-exclusive easement for driveway ingress and egress purposes over and across Outlot B to and for the benefit of the owner of the property to th~~outh, which property shall become subject to the obligationsArights set forth in the Silver Ridge Driveway Declaration dated , 1985, at such time as said owner of the property to the south makes use of such driveway. 6. Outlot A shall be maintained by the Developer or his successors in interest, including the appropriate homeowners association, as common recreational space. 7. The City has previously granted and herewith reconfirms a variance to the setback requirements of the City allowing for the setback from the private street for the con- struction of homes on Lots 1 and 2, Block 2,within said plat to be no closer than twenty-five (25) feet to Outlot B. Further, the rear yard setback for Lots 1, 2 and 3, Block 2, will be located at the elevation of 910.0 above sea level. All setbacks on the property are as shown on Exhibit D. Except as modified herein, all lots, structures and improvements within the P.U.D. shall comply with the requirements of the R-l zoning district. -3- 8. The sanitary sewer serv1c1ng said project shall be constructed at the Developer's cost and expense and shall be constructed in conformance with plans and specifications as approved by the City Engineer. The Developer agrees to reimburse the City for costs incurred for inspection of said sewer system. The City agrees to accept ownership and maintenance of sewer laterals one (1) year after completion of their installation. The Developer shall grant the City appropriate easements for the maintenance and repair of sewer laterals. 9. The Developer shall pay required park dedication fees in the sum of $500.00 per lot for a total of $4,500,00. 10. There has been previously assessed against the property certain sewer and utility assessments. In accordance with Shorewood Ordinances providing for the equalization of sani- tary sewer and utilities, the Developer owes the City of Shorewood , plus 7% interest from 1973, as said equalization charge, which charge shall be spread equally over the property for the remaining period of the sewer bond at the time said final plat. is approved. 11. The Developer has provided copies of the Driveway and Tennis Declaration of Easements, Covenants, Conditions and Restrictions relating to the project which have been and hereby are approved by the City Attorney and City Council. 12. Upon completion of the work, the Developer shall have his engineer provide the City with a full set of as-built mylar reproducible plans for the City records. These plans shall include the location and ties of all sanitary sewer services and location of man-holes. -I/- 13. The City, its agent and employees shall not be personally liable or responsible in any manner to the Developer, its contractors or sub-contractors, material men, laborers or to any other persons, firms or corporations whomsoever, for any debt, claims, damage, action or cause of action of any kind or character arising out of or by reason of this Agreement or the performance of the work and improvements hereunder. Except with respect to the acts or admissions of the City's agents, employees, or representatives, the Developer shall save the City, its agents, and employees harmless from any and all claims, damages, demands, actions or causes of actions arising therefrom, and the costs, disbursements and expenses of defending the same. 14. For the purposes of assuring the City that the improvements will be completed according to this Agreement and that the Developer will pay for all claims for work done and for materials and supplies furnished, the Developer shall deposit with the City at the time of the execution of this Agree- ment cash, certified bonds, or an irrevocable letter of credit in a form satisfactory to the City. Such cash, certified bonds, or Letter of Credit shall be in an amount equal to at least 150% of the estimated cost of the construction of all improvements and shall continue in effect for a period of one year following the City's acceptance of the improvements. The Developer shall pay all reasonable attorney's fees and costs incurred by the City in defense of or enforcement of any rights of the City in regard to such cash, certified bonds or Letter of Cd' t Iii <.. C,. I r W\ --1 a.v f^~r; Le red _,/t "()I\. ;" t,,-e, .. -- ;1 a,..uv,,-r re 1.: ~ $ucJ\ c....SJ\1 u.r-f;.(;e.J /)ol\d~ 0'- Ie",fter 0+ c.re..,cl.:+ 4C.~ t"~ c.o W\fJ~f, 0" of f4 i 'Yt.1'''OV4'''\..fI.I'/.-r:> ,,".jf'et~e~ /)4~"'1"1\ tAt.. rec"oit1""""'cJ,,+ ;(JI\ trf the. 15. The Developer shall reimburse the City for all ~+y Atl~^~t costs incurred by the City, including that of its consulting engineers, attorneys, planners and administrative expenses incurred by the City in connection with all matters relating to the preparation, administration and enforcement of this Agreement and the performance thereof by the Developer and all other matters relating to the planned unit development plan. The ~ Developer shall be entitled to receive as credit against those expenses all fees heretofore paid the City under and pursuant to zoning and subdivision ordinances of the City. ~~-te.. 16. All of this Agreement a time of execution t of I'. ~ In the event that 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 forty-five (45) days after receipt by the Developer of written notice thereof, the City, if it so elects, may cause any of the required improvements to be constructed and installed, and may cause the entire cost thereof, including all reasonable engineer- ing, legal and administrative expenses incurred by the City to be paid by drafts drawn against the Letter of Credit or other security deposited pursuant to this agreement, or in lieu thereof, the City may take legal action against the Developer to collect all the costs of making any of said improvements. In the event of an emergency, as determined by the City Engineer, the notice requirements to the Developer shall be and hereby are waived in their entirety, and the Developer shall reimburse the City for any expense incurred by the City in remedying the conditions creating the emergency. /7. 18. The Developer shall, at his own expense, provide temporary dams, earthwork or such other devices and practices including seeding or grading of areas as shall be needed in the judgment of the City Engineer and the engineers for the Minnehaha Creek Watershed District and Riley-Purgatory Creek Watershed District to prevent the flooding, sedimentation and erosion of lands and roads within and outside the plat during all phases of construction, including construction on individual lots. -6- 18.~. The address for the Developer for purposes of this Development Agreement is: Bruce Construction Company 539 East Lake Street Wayzata, Minnesota 55391 The address for the City of Shorewood for purposes of this Development Agreement is: 5755 Country Club Road Shore\vooc., Hinnesota 55331 Attn: Dan Vogt and: Orr-Schelen-Mayeron & Associates, Inc. 2021 East Hennepin Avenue Minneapolis, Minnesota 55413 Attn: Jim Norton /9.~. It is agreed by and between the parties hereto that this Agreement shall be binding upon and inure to the benefit of their respective legal representatives, successors and assigns. In the event any provision of this Agreement shall be held invalid, illegal or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unforceable any other provision hereof and the remaining pro- visions shall not in any way be affected or impaired thereby. Jo. ~. This Agreement may be simultaneously executed in several counterparts, each of which will be an original and all of which shall constitute, but be one and the same instrument. ~,. ~. This Agreement shall be construed in accordance with the laws of the State of Minnesota. J.~. ~. Signs for the purpose of advertising this project may be erected in accordance with the Shorewood Zoning Ordinance or with the Developer's sign plan only after submission to and approval by the Shorewood City Council. IN PRESENCE OF: IN PRESENCE OF: STATE OF MINNESOTA) ) ss COUNTY OF HENNEPIN) CITY OF SHOREWOOD By: Robert Rascop, Mayor By: Daniel Vogt, City Administrator BRUCE CONSTRUCTION COMPANY By: James W. Bruce, President The foregoing instrument was acknowledged before me this day of , 1985. -8- Notary Public 60067 . 002. C5 ~ 0 J> r- '" 0 ~ i \ -- 8 ~ ~ -1 ~ ~ :.e. '. !. ~ -J. G: ~ .. 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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 DATE: 10 MAY, 1985 RE: WATERFORD P.U.D. - FINAL PLAN FILE NO. 405 (84.05) " .' The final draft of the Waterford Development Agreement was distributed in your Council packets. The following items are for your review prior to the 13 May meeting: 1. Declaration of Covenants, Conditions, Restrictions, and Reservations. There are some minor corrections to be discussed at the meeting. 2. Resolution adopting final plat. This ties the final plat to the Development Agreement. 3. Ordinance amending No. 77. This rezones the property from R-l to P.U.D. Hopefully, these items can be completed Monday night. That would leave only the franchise and water service agreements to be resolved. If there are any questions, please contact my office. BJN:rd cc: Dan Vogt Jim Norton Glenn Froberg Bob Mason. A Residential Community on Lake Minnetonka's South Shore ,~\ ~\ I DECLARATION OF COVENANTS CONDITIONS, RES'rRI('''l'IONS AND RESERVATIONS FOR \'iATERfORD THIS DEX...'I.ARATION made this day uf April, 1985, by Trivesco, a r4innesota partnership, hereinafter referred to as "Declarant". WHEREAS, Declarant is the owner of real property in the County of Hennepin, State of ~lllu1esoLa, descri~1 as: Lots 1 through 2, Block 1, Water ford Lots 1 through 4, Block 2, Water ford Lots 1 through 11, Block 3, Waterford Lots 1 through 24, Block 4, Wa ter ford Lots 1 through 3, Block 5, \-JaLerford Lots 1 through 9, Block 6, Water ford Outlots A, B, C, E, F and G all in Waterford (Outlot 0 is intentionally omitted) WHEREAS, Declarant desires to impose upon and subject said property to certain covenants, conditions, restrictions and reservations for the benefit of said party and the present and fuLure ~vners of said property. NOW, THEREl'"'ORE, except as qualified in Article I, Declarant hereby declares that all of said property shall be held, sold and conveyed subject to the following covenants, conditions, restrictions, and easements which are hereby declared to be for the benefit of the full tract including the property described herein and the owners thereof, their successors and assigns. These covenants, conditions and restrictions and easements shall run with the said real property and shall be binding on all parties having or acquiring any right, title or interest in the described real property or any part thereof and shall inure to the benefit of each owner in the subdivision and are imposed upon said I., "" real property and every part thereof as a servitude in favor of each and every parcel iliereof as the tenerrent or tenerrents. ARTICLE I. REPIATl'ING OF OUTLOl' G Declarant intends to replat all or IIDst of Outlot G into single family residential lots each of which will continue to be subject to this Declaration. However, any portion of the Northerly 170 feet of Outlot G which is replatted into lots to be used for purposes other than sites for single family residences, shall be released from this Declaration innediately and automatically upon tl1e recording of the replat together \~ith a Declaration of Release executed only by Declarant. Subject only to the ordinc:mces of City, Declarant has the absolute and unilateral right to remove all or any portion of the Northernly 170 feet of Outlot G fran servitude to tllis Declaration simply by filing a replat thereof to together with a Declaration of I\elease executed only by Declarant which describes the land to be released frorrl this Declaration. ARTICLE II. ORDINANCES In addition to the provisions of this Declaration, the ordinances of the CIty of Shore\\UOd, Minnesota (hereinafter "City") in effect as of the the date of this Declaration shall be binding hereafter including the rights given in said ordinance to a land owner to apply for variances from said ordinances. In addition to canplying with City ordinances or approved variances therefrom, an owner must canply with all of the covenants, conditions, restrictions and reservations set forth herein. ARI'ICLE III. DEFINITIONS "Property" shall IreaIl the real property described hereinabove, platted as part of Water ford , Hennepin County, according to the plat thereof on file and of record in the office of the County Recorder in and for said County. "Lots" ARI'ICLE IV. LAND USE AND BUIIDING TYPE shall rrean any lot in the Property including the aforementioned outlots. 1 . No lot shall be used except for residential purposes, except that lot or portions of lots may be used by hare builders for temporary office, nodel hares, and/or for subdivision identifying entrance m::muments. Residential purposes include dwellings and attached or detached garages, swimming pools, tennis courts and attendant sbuctures, such as storage sheds, pump houses, and cabanas. No dwelling shall be erected, altered or placed on a lot or permitted to remain there other than one detached single family dwelling not to exceed two stories in height, as rreasured fran grade. In the event the dwelling includes a Vlalk-out baserrent, the basement shall not be counted as a story. The aggregate garage space on a lot 5f1all not e}:ceed space for three cars plus reasonable storage space. 2. All structures constructed or placed on the property shall be totally canpleted on the exterior thereof wi thin nine IIDnths after CaTIrencerrent of construction. ARI'ICLE V. ARCHlTECI'URAL CONTROL CCM1lTIEE Section 1. No dwelling, building, driveway, walkway, wall, fence, garage, aerial, antenna, wire, pipe, mailbox, mailbox stand, exterior ornamant, swimming p:x:>l, landscaping, or other structure or foilage (herein, "Improvement") shall be constructed, altered, improved or placed upon a lot 'vithout written approval by the Water ford Architectural Control Conmittee (herein "Carmittee") of the plans and specifications for said improvement, including site location thereof, and of the builder who will actually perform the proposed 'WOrk. Section 2. The Ccmnittee shall consist of three individuals whan, so long as Declarant avms a buildable lot, shall be appointed by Declarant, after which, the Ccmni.ttee shall be appointed by the Board of Directors of Water ford Hon'EOWIlers Association. Section 3. The Camlittee shall app::>int one rrember of the Camlittee to be it I s Chairman. The Chairnan shall call Ireetings of the Camlittee. A quorum of the Camlittee shall consist of two of its Irernbers. The Carmittee may act upon the vote or written consent of any two of its rrembers. The Chairman of the Camlittee is authorized to execute certificates of approval, notices of disapproval and similar instruments effectuating decisions of the Committee. Section 4. At least fourteen (14) days before construction is conmenced, the owner shall submit to the Committee, three (3) complete sets of architectural plans and specifications (including, without limitation, full site plans, exterior materials, exterior colors, driveway plan, and landscape plan) along with the narre of the builder who will actually perform the proposed work, in care of Declarant at 14201 Excelsior Boulevard, Minnetonka, MN 55345 together \-lith a processing fee of $50.00. Section 5. Within fourteen (14) days of receipt of plans and specifications and the narre of the builder, the Camlittee shall approve or disapprove a builder if the Carmittee determines, in its sole discretion, that such builder does not rreet the Camlittee' s standards of credit worthiness and/or does not build hares of the sarre quality and in the sane price range as Declarmlt. The Camlittee may disapprove plans and specifications only for one or rrore of the following reasons: (a) noncompliance with the Declaration; (b) failure of the exterior of the building to be of a style canpatible with, or failure of a dwelling to be of the sarre general size, quality of construction and price range as, the dwellings built or to be built by Declarant in Waterford; (c) failure of a dwelling or fence to be placed and oriented on its lot in a munner compatible to the dwellings built or to be built upon adjoining lots and in a manner compatible with ti1e terrain of the loti (d) failure of a fence to be compatible with improvements on adjoining lots, and with the character of the subdivision as a whole, in tenus of height, location, design, materials and/or obstruction of viewsi and (e) failure of the plans and specifications to show all information necessary to evaluate the foregoing characteristics. The Carmittees determinations concelTling the plans and specifications shall be conclusive. If the Ccmnittee disapproves the builder or the plans and specifications, it shall state in writing the reason for such disapproval and, in the case of the plans and specifications, the deficiencies which must be cured to obtain approval. (f) If construction of an In~rovernent is commenced without approval of the builder and approval of the plans and specifications, or if construction of an ~rovement is canpleted not in accordance \-/i th the approved plans and specifications, Declarant, or the owner of any lot in Water ford, may bring an action to enjoin further construction and to compel the owner to conform the ~rovement to the plans and specifications approved by the Ccmnittee, provided that such action shall be camenced and a notice of lis pendens shall be filed no later than ninety (90) days after the date on which the Certificate of Occupanc.y is issued by the appropriate municipal authority. If the non-approved and/or non- confomri.ng improverrent is made upon a lot for which a Certificate of Occupancy had been previously issued, the action shall be ccmrenced and a Notice of Lis Pendens shall be filed within 90 days after the Plaintiff in the action discovers or learns of the improvement. (g) the Cornnittee shall retain all plans and SPeCifications submitted to it, and a record of all actions taken with regard to them. (h) in the event that Declarant, the Camri.ttee, and/or the menbers of the Committee shall fail to discharge their resPeCtive obligations under Section IV of this Declaration, then any o.mer of a lot in WATERFORD may bring an action to compel the discharge of said obligations. Such an action shall be the exclusive rerredy of any owner of a lot in WATERFORD for failure of the Declarant, the Ccmnittee, and/or the members of the Carmi ttee shall not be liable to any person for damages (direct, consequential, or otherwise) . ARI'ICLE VI. WELL AND WATER 'lUWER It is probable that a well may be dug and necessary attendant structures, including a water tower, may be erected on Outlot F, in which case, Outlot F shall not be subject to this Declaration of Covenants, Conditions, Restrictions and Reservations. The Declarant and/or the City of Shorewa:xi shall have the absolute and unchallenged right to dig said well and erect said structures (including water tower) on OUtlot F subject only to the legal ordinances, regulations and resolutions of the City of Shorewood. ARI'ICIE VII. STRUCruHE I..CCATION The architectural control conrnittee may require a structure to be located farther fran the side lot lines and/or front lot line than the minimum building setback requiremffilts of the City and/or the provisions of the Planned ~ J. \ Developrent Agreement. At a minimum, no structure shall be located on any lot nearer to the front line or nearer to the side lot line than the rninimllln building setback lines pennitted by applicable ordinances of the City in effect as of the date hereof, or of the requirements as stated in the Planned ~bi\n. Developnent Agreercent in effect governing this Property. In the event a discrepancy exists, the provisions of the P.U.D. shall govern. Any application for a variance therefrom must be approved by the Architectural Control Conmittee prior to presentation to the City. This Section is intended to define the procedure for application for variance, and does not impair an individual's right to request and obtain a variance iran the City. ARI'ICIE VIII. BUSINESS ACTIVITIES No business may be continuously conducted or operated in or from a lot which causes inconveniences, excessive traffic, excessive parking congestion or undue annoyance to the neighborhood except those businesses which are in the business of selling lots and hanes in Water ford . ARI'ICIE IX. NUISANCES No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be, or may becorre an annoyance or nuisance to the neighborhood. ARI'ICLE X. 'l'EMPORARY STRUCI'URES No stLucture of u terrtpJrary character, recreatiunal vehicle, trailer, basement, tent, shack, garage, bal:n, ur other outbuilding shall be used on any lot at any time as a residence eitl~r temporarily or penranently. ARI'ICLE XI. STORAGE OF VEHICLES, ETC. All recreational vehicl<::::s, trailers, boats, ~nO'vJmobiles and \..meeled or tracked vehicles (not including passenger cars or any equipment used in construction or l-epair of the Property) shall be stored within a garage or enclosure on a lot, and shall not be visible fran outside tlle lot. ARI'ICLE XII. DRIVEWAYS All driveways shall be hard--surfaced. XIII. NON-PERMITI'ED S'I'RUCI'URES No television satellite dishes, or radio or television antenna towers, or electric generating windmills or otll<::::r similar structures shall be pennitted, provided however, that televi~ion satellite dishes may be pennitted if it can clearly be derronstrated to the Carrnittee that no adverse impact will be suffered by any lot in Waterford. No antenna of any sort shall be installed or maintained which is visible fran the front of neighboring properties wlless it can clearly be derronstrated to the Committee that no adverse impact will be suffered by any lot in Waterford. Canpliance with the provisions of Article IV shall be deemed to be a prerc~isite to erection of said television satellite dish. ARI'ICLE XIV. LIVESTOCK AND POULTRY No animals, livestock or poultry of any kind shall be raised, bred or kept on the property, except that dogs, cats, and other household pets may be kept, provided that they are not kept, bred, or maintained for any cOI11l'ercial purposes. No more than two cats and/or dogs shall be kept by the ONners of any lot at anyone ti.rre except that a litter of kittens or puppies may be kept until one month after they are weened. ARI'ICLE 'A'V. LANDSCAPING REQUIREMENTS All properties adjacent to road right of way areas shall be sodded or landscaped according to a landscape plan as approved by the Architectural Control Conmi ttee of Water ford . ARI'ICLE XVI. EASEIvIENTS Easerrents for installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded plat. Within these easerrents, no structure shall be placed or penni tted to rerrain which may damage or interfere with the installation and maintenance of utilities, or which may change the direction of flow of drainage channels in the easements, or which may obstruct or retard the flow of water through drainage channels in the easements, except that a biturniIlous or concrete driveway or walk which does not impede surface water runoff and drainage may be installed and maintained across the easement subject to disturbance for installation and maintenance of utilities. The easement area of each lot and all improvements in it shall be maintained continuously by the OWner of the lot, except for those improvements for which a public authority or utility company is responsible. ARl'ICLE XVII. RUBBISH No lot shall be used or maintained as a dumping ground for rubbish, except during construction of subdivision improvements and dwellings. Said construction debris shall not be allowed to accumulate and remain on any lot. Trash, garbage, or other waste shall not be kept except in sanitary containers. All incinerators or other 0CJUipment fur storage or disposal of such nBterial shall be kept in a clean and sanitary condition. ARTICLE ;\VIII. SOIL, GRlillING No sod, soil, sand, gravel, or t~Tber, shall be sold or renDved fronl any lot, except for the pUrPOse of excavating for the construction 01: alteration of a residence on said pr~~ses or appurtances tllereto, or for the proper grading thereof, or tor landscaping, or for road improvements. AETICLE XIX. SIGNS No signs of any kind shall be displayed to tile public view on any lot except as follows: a. Subdivision identification entrance nDnuments nBY be installed by Declarant and 8' by 12' entrance advertising signs may be installed by Declarant at L'Oth entrances and rnaintained w1til Declarant no longer owns any buildable lots. b. During the construction and sales period of the subdivision, the Declarant may place such directional and subdivision advertising signs as are necessary, and one sign no larger than 3 feet by 4 feet in size may be placed on each lot advertising the lot for sale, provided that multiple signs, and/or si~1s in excess of 3 feet by 4 feet insize are permitted on lots having dwellings advertised for sale by Declarant or his assi~1s. c. After the initial construction and sales period, one sign of not more than 3 feet by 3 feet in size advertising the property for sale is permitted. d. An owner may erect and maintain a business sign not to exceed 1 square foot. ARI'ICLE XX. TERM These covenants, conditions, restrictions and reservations shall r1ll1 with the land and shall be a servitude thereon, and shall be binding on all of the the parties hereto, upon all persons clalining under them, and upon all purchasers of all or any of the land so described herein and their heirs, assigns, and successors-in-interest. All of the provisions of this instrument shall remain in full force and effect until 20 years fran the date hereof, at which ti.rre they shall cease unless an instrument extending the tenn and signed by a majority of the owners has been recorded prior to the expiration of the initial 20 year period. ARI'ICLE XXI. SEVERABILITY Invalidation of anyone or more of the provisions herein by judgment or court order shall not affect any of the other provisions, which shall remain in full force and effect until the date of expiration. ARrICLE XXII. ENFORCEMENT Each owner of a lot in WATERFORD shall have the right to enforce the provisions of this instrument in his/her own narre by proceedings in law to recover damages or in equity to restrain violation, against any person violating or attempting to violate any covenant or provision hereof; provided that the rerredies in paragraph IV and not the rerredies of this paragraph XXII shall apply to violations of paragraph IV. IN WI'l'NESS WHEREOF, Declarant has executed this instrument the day and year first hereinabove written. /J.4/-1 /'[/;~5'f/" P TRIVESCO, A IvllNNESarA C()f'['()R'\'fIOH- by Robert H. Mason, Inc., a Partner~ By Robert H. Mason, President STATE OF MINNESarA) ) SSe COUNTY OF HENNEPIN) The foregoing docurrent was acknowledged before Ire this day of April, 1985 by Robert H. lv1ason, President of Robert H. Mason, Inc., a Minnesota Corporation on behalf of tile corporation acting in its capacity as a partner in Trivesco, a Minnesota Partnership. (notary public) RESOLUTION NO. ~~EREAS, the final plat of Waterford has been submitted in the manner required for platting of the land under Shorewood City Ordinances 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 Waterford is hereby approved. 2. That the approval is specifically conditioned upon the conditions as contained in the Developer's Agreement ~ ill;: Exki.bit "A". 'P~~,-)b t _S " 3. That the Mayor and City Clerk are hereby authorized to execute Certificate of Approval on behalf of che City Council. terms and .e.d h'ir'ito 4. That this final plat shall be filed and recorded with- in 30 days of the Developer's receipt of this resolution. BE IT FURTHER RESOLVED, that such execution of the Certifi- cate upon said plat by the Mayor and City Clerk shall be conclusive showing a proper compliance therewith by the subdivider, 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 , 1985. ~; ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 77 IN THE CITY OF SHOREWOOD, BEING AN ORDIN~~CE FOR THE PURPOSE OF PROMOTING HEALTH, SAFETY, ORDER, CONVENIENCE, PROSPERITY AND GENERAL WELFARE BY REGUL~TING THE USE OF L~~, THE LOCATION, AREA, SIZE, USE AND HEIGHT OF BUILDINGS ON LOTS, AND THE DENSITY OF POPULATION IN THE CITY OF SHOREWOOD, MI~~ESOTA. The City Council of the City of Shorewood does ordain: Section 1. Ordinance No. 77, Section 16, Establishment of Zoning Districts and Provisions for Official Zoning 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: "wATERFORD" 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 , 1985. Robert Rascop, Mayor ATTEST: City Clerk ~- \..3 /- Y'S AGREEMENT FOR WATER SERVICE THIS AGREEMENT, made and entered into as of , 1985, by and between the City of Shorewood, a municipal corporation under the laws of the State of Minnesota ("Shorewood") and the City of Minnetonka, a municipal corporation under the laws of the Sta te of Minnesota ("Minnetonka"); WITNESSETH: WHEREAS, Shorewood and Minnetonka are municipal corporations located in the County of Hennepin, State of Minnesota, having a cornmon boundary line between the two cities along Vine Hill Road and intersecting with Trunk Highway 7; and WHEREAS, Minnetonka has installed certain watermains in Vine Hill Road; and WHEREAS, the Minnetonka water facilities have sufficient capacity to provide water services to the area of Shorewood consisting of properties ~ of Vine Hill Road and south of Trunk Highway 7 known as the Wa~erford Project, Covington Vine 3. KJtt!i='12. /Zt Jj Co E Ridge, ~ruc~/ Broth9rtJ Devt::loprnent., and Johnson Lots, (" Service Area"); and WHEREAS, Shorewood desires to provide a temporary water service to the Service Area by purchasing a water supply from the municipal water supply system of Minnetonka; and WHEREAS, Shorewood and Minnetonka deem it proper, for a public purpose, in the public interest and within the scope of the municipal authority vested in them by charter and state statutes that an agreement for the sale of such supply of water by Minnetonka to Shorewood be consummated; and WHEREAS, it is understood by both parties that Shorewood intends to grant a franchise to Trivesco, a Minnesota partnership, , :4 ~ as licensee, to install the necessary water mains and construct and operate a private water system to supply water to the service area as set forth in the Franchise Agreement attached hereto and made a part hereof as Exhibit A. NOW THEREFORE, in consideration of the mutual covenants and agreements herein contained, and in consideration of the installation of certain water mains by Shorewood or its licensee, it is hereby agreed by and between the parties as follows: 1. Minnetonka will furnish and supply potable water con- tinuously (except for temporary interruptions for repairs and maintenance) from the Minnetonka municipal water system to Shore- wood from the water main owned by the City of Minnetonka presently located in the right of way of Vine Hill Road in an amount required to service the needs of the Service Area and in compliance with applicable state and federal regulations. 2. Shorewood or its licensee shall at its own expense construct the necessary water main in the City of Shorewood and make the connections to the Minnetonka water main for the purpose of securing such supply of water, such connections to be made in accordance with the plans and specifications prepared by the Shorewood City Engineer and supplied to Minnetonka and which have been approved by the Minnetonka City Council. Shorewood agrees that upon completion of the construction of its water main, it shall provide Minnetonka with as-built plans and the necessary measurements which accurately describe the location of those mains, all valves and service connections. 3. Waterous hydrants, ductile iron, lateral pipe, and copper services to the properties, shall be approved by the City of Minnetonka. Shorewood will comply with all reasonable require- ments of Minnetonka regarding system maintenance. The system shall be operated and maintained in accordance with City of Minnetonka ordinances, good public water system practices, and -2- . ~ rules and regulations of the Minnesota Department of Health. 4. Permits for a Shorewood owner to connect to the system herein described shall be obtained from Shorewood. Shorewood shall inspect the connections and each service to make sure they conform to all applicable laws and ordinances. The Minnetonka Utility Division shall be contacted for a final inspection and turn-on of the curb service. Rockwell meters reading in 100 gallon increments with outside readers shall be used. Minnetonka will furnish the meters to Shorewood at Minnetonka's cost at the time furnished, if requested by Shorewood. 5. Minnetonka will read the meters and will supply to Shorewood at least quarterly a listing of the readings and the dollar amount charged by Minnetonka for each user. Shorewood shall pay to Minnetonka the total amount of said water charges within 30 days. Water shall be billed to Shorewood at the rate of 125% of the rate charged in Minnetonka for the same services. Shorewood shall receive no deductions for billing or other admini- strative functions performed by it. Shorewood shall require that properties served by Minnetonka water have street numbers on the building. Minnetonka shall have the authority to enter properties served by Minnetonka water to read and maintain the water service. 6. Unless an emergency situation arises, valves shall not be shut down or hydrants operated without first notifying the Minnetonka Utility Division. Hydrants shall not be used or operated by anyone except Shorewood fire department personnel or personnel of the Shorewood Public Works Department or the Minnetonka Utility Division. Hydrants shall only be operated for fire or water system maintenance purposes. Minnetonka will not be res- ponsible for, and Shorewood indemnifies Minnetonka against, any costs, including attorneys' fees, arising out of failures, freeze-ups or leaks in that portion of the system located in Shorewood, unless caused by actions of Minnetonka within Minnetonka. If Minnetonka makes repairs to that portion of the system located in Shorewood, Minnetonka shall be reimbursed by Shorewood on a -3- . -4- . time-and-rnaterial basis for the work done. Minnetonka shall not be responsible for settlements in the road surface over the water main or services. 7. Shorewood will abide by and enforce in Shorewood all reasonable, nondiscriminatory rules and regulations of Minnetonka imposed upon Minnetonka water users and users of the system covered by this agreement. Shorewood will adopt an ordinance providing for sprinkling bans during periods of water shortages and will enforce that ordinance upon notification from Minnetonka that the ban is necessary. Minnetonka reserves the right to require a sprinkling ban in Shorewood before imposing a similar requirement within Minnetonka boundaries. Minnetonka shall have the right to turn off the mains for reasonable lengths of time to repair or service its mains and if practicable will notify affected users of the shutoff. 8. It is anticipated that the implementation of this agreement will necessitate no alterations of the Minnetonka trunk water system. If such alterations become necessary as a result of this agreement, the cost of those alterations will be reimbursed by Shorewood to Minnetonka. 9. Minnetonka and Shorewood agree that on entering into this agreement, Minnetonka is in no way obligating itself to approve future extensions of water mains within Shorewood, which extensions would be connected to the Minnetonka water system, and that the service provided by Minnetonka will be limited to 90 individual residential connections. 10. It is understood by both parties that Shorewood or its licensee will construct a water supply system capable of serving all of the area convered by this agreement within a period of four years from the date of this agreement, at which time this agreement shall terminate. To assure that the system will be constructed and that this agreement shall terminate no later than four years from the date of this agreement, Shorewood or its licensee shall provide a letter of credit in an amount equal to 150% of the estimated cost of construction of the trunk water supply and storage facilities, as approved by the Shorewood City Engineer and concurred in by the Minnetonka City Engineer. ~ .. ~IiZDMO Th~ le~ter of credit shall be issued~.to.' . k~~S~ ma~nta~ned for ~ year_ after the .. -.~.a~~. ~ 11. Shorewood hereby indemnifies and holds harmless Minnetonka, its officers and employees, against all damages and costs, including attorney's fees, resulting from any claims or litigation arising out of this agreement, except for damages and costs related to the acts or omissions of Minnetonka, its officers or employees, with respect to operation, maintenance or administration of the Minnetonka water system within the municipal boundaries of Minnetonka. IN WITNESS WHEREOF. the parties hereto have caused this agreement to be executed by their respective officers through proper authorization by their respective councils. CITY OF SHOREWOOD BY: Its Mayor BY: Its City Clerk CITY OF MINNETONKA BY: Its Mayor BY: Its City Manager APPROVED AS TO FORM AND LEGALITY: Desyl L. Peterson City Attorney City of Minnetonka -5- CITY OF SHOREWOOD MAYOR Robert Rascop COUNCIL 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 DATE: 10 MAY, 1985 RE: WATERFORD P.U.D. - FINAL PLAN FILE NO. 405 (84.05) The final draft of the Waterford Development Agreement was distributed in your Council packets. The following items are for your review prior to the 13 May meeting: 1. Declaration of Covenants, Conditions, Restrictions, and Reservations. There are some minor corrections to be discussed at the meeting. 2. Resolution adopting final plat. This ties the final plat to the Development Agreement. 3. Ordinance amending No. 77. This rezones the property from R-l to P.U.D. Hopefully, these items can be completed Monday night. That would leave only the franchise and water service agreements to be resolved. If there are any questions, please contact my office. BJN:rd cc: Dan Vogt Jim Norton Glenn Froberg Bob Mason. A Residential Community on Lake Minnetonka's South Shore , . . DEVELOPMENT AGREEMENT TRIVESCO THIS AGREEMENT, made this day of , 1985, by and between the CITY OF SHOREWOOD, a Minnesota Municipal corpora- tion, hereinafter called "City", and TRIVESCO, a partnership consisting of Steiner and Koppelman, Inc., Robert H. Mason Homes, Inc.., and Highland Properties, Inc., hereinafter called "Developer". WHEREAS, Developer is purchasing certain property located in the City of Shorewood, County of Hennepin, State of Minnesota, described as set forth in Exhibit A, attached hereto and incorporated herein by reference and hereinafter referred to as "Property"; and WHEREAS, Developer proposes to develop said property by means of a planned unit development "PUD" and incluCewithin the development single family homes, multi-family homes, and commercial property as more fully described by Shorewood Resolution Number 39-84, dated the 25th day of June, 1984; and WHEREAS, Developer has heretofore filed his application for a planned unit development with the City Clerk and after proper legal notices, public hearings considering the plans were held on the 4th day of May, 1984, and the 11th day of June, 1984. WHEREAS, the City Council has approved the PUD, Comprehensive Plan Amendment, and rezoning; and WHEREAS, the City Planning Commission made its recommenda- tions on the preliminary plat to the City Council, which recommenda- tions were dated the 15th day of May, 1984, and which did recommend said preliminary plat. Pursuant to saidreco~~endation the City Council did consider the preliminary plat and approved the same on the 10th day of September as set forth in Resolution Number 61-84; and WHEREAS, The City Council approved the first phase single family final plat on the day of , 198 , as set forth in Resolution Number ____; and WHEREAS, the Development Agreement is required pursuant to Shorewood Ordinance No. 122. NOW, THEREFORE, in consideration of the mutual -covenants and guarantees contained herein, the parties hereby agree as follows: J~~D . . 1. All improvements and structures to be constructed on subject property shall be done in compliance with all laws, ordinances, regulations, and standards of the State of Minnesota, City of Shorewood, appropriate watershed district and federal laws as may be applicable, except as hereinafter specifically modified, which compliance shall be reviewed by the City Administrator or his agents so as to determine that they are, in fact, in accordance with said regulations referred to herein. 2. The legal description of the property is sho\vn on Exhibit A attached hereto. The Developer's attorney, Jeremy S. Steiner, has rendered a title opinion dated October 31, 1984, which opinion guarantees that the Developer in fact has a legal right to become fee owner of the property upon exercise of a certain contract for deed and to enter upon the same for the purposes of developing property. Developer agrees that in the event the Developer's ownership in the property should change in any fashion, except for the normal process of marketing lots, prior to the completion of the project and the requirements of this contract that he shall forthwith notify the City of such change in ownership. 3. The Developer has filed with the City Clerk the final plat for the development of the single-family portion of the project and said plat is hereby attached as Exhibit Band incorporated herein. Said final plat, together with this Develop- ment Agreement, is herewith adopted and approved by the City as Developer's final plan except as hereinafter expressly altered or amended. The single-family portion of the project is pro- posed to be developed in separate phases. Additional develop- ment plans and final plans will be provided for the multi-family and commercial portions of said project. Each phase shall be developed in accordance with the following schedule: PHASE II: Single Family Homes Commence on or before Spring, 1985 Final plat of single family homes commence about or before Fall, 1987 PHASE I: Single Family Homes PHASE III: Multi-Family Homes Commence about or before Fall, 1990 PHASE IV: Commercial Commence about or before Fall, 1991 The preliminary plat for Blocks 1 through 8 of Waterford have been approved by the City Council. The final plat for Blocks 1 through 5 and Lots 1 through 9, Block 6, have been approved by the City Council. The remainder of the property shall initially be -2- . . platted as outlots. As each phase is developed, the platting process shall be used in accordance with the procedures set out in existing city ordinances. No work on any phase shall be commenced until the requirements as to each phase a~ set out herein have been met and formal approval to proceed is given by the City. Should the developer violate the conditions of this Agreement, the City Council may renegotiate the terms of this Agreement pursuant to Section 27A, Subdivision 6D.5 of Shorewood Ordinance No. 122. The Developer may make changes for the purpose of meeting a future and changing market by making adjustments to future phases with the approval of the City Council. It is agreed that upon receipt of written notice from the Developers of the existence of causes over which Developer has no control, which could delay the start or completion of work on any phase, the City Council will, at its discretion, extend the date specified herein. 4. Developer shall file a grading and drainage plan for each development state, as defined by Ordinance No. 122, which plan shall be subject to review' and approval of the City Engineer. Initial grading plans shall be filed forthwith and shall be in accordance with the documents which have heretofore been presented as part of the final plan. Developer shall be limited to the construction of those units shown on the final plan as approved. Developer shall not increase the number of units as approved in said plan without the prior approval of the City. Before commencement of construction on any stage that involves housing other than single family housing, the Developer shall file a detailed site plan showing the location of the structures to be built. Prior to construction on any phase, including single family housing, the Developer shall file plans showing the details of the construction of required storm drains, water lines, and sewer lines, together with all required approvals from regulatory bodies not previously obtained. Cross-sections shall be used to show construction details of driveways and streets which shall be in conformance with specifications set out in the City ordinances and the requirements of the City Engineer. Cross-sections shall show the layout and proposed location within the right-of-way of electric, telephone, TV cables, sewer, water, and storm drain lines. Also to be filed shall be street plans, street lighting plans, and entrance construction plans including entrance monuments, berms, and other landscaping to be provided. All of the materials to be employed in the construction of all of the improvements shall be of a uniformly good and workman- like quality, and shall equal or exceed City stand~rds and specifications_ If any labor and material supplied shall be rejected by the City as defective or unsuitable, such rejected ~aterial shall be removed and replaced with approved material. Rejected labor shall be done anew to the satisfaction of the -3- ~ . . City at the cost and expense of the Developer. 5. The following described improvements, hereinafter collectively called "Improvements" shall be constructed and installed in accordance with the policies and ordinances of the City, and on the terms and conditions set forth: A. Street grading, gravelling, and stabilization, including construction of berms and boulevards and surmountable curbs and concrete gutters, hereinafter called "Street Improvements." B. Storm sewers, including all necessary catch basins, inlets and other appurtenances, hereinafter called "Storm Sewer Improve- ments." C. Sanitary sewer laterals and extensions for supplying all necessary building services and other appurtenances, herein- after called "Sanitary Sewer Improvements." D. Water mains, laterals, or extensions for supplying all necessary building services, hydrants, valves, and other appurtenances, hereinafter called "Water Improvements." E. The City will grant to the developer a water franchise, whereby the Developer will construct, operate and maintain a water system in the City of Shorewood. Such water franchise shall provide for the construction of the Trunk water Supply and Storage Facilities described in Exhibit E, attached hereto. Developer agrees to accept such water franchise and perform all of the terms and conditions contained therein. F. Permanent street surfacing including concrete curb and 'gutter, hereinafter called "Permanent Street Improvements." G.. Standard street name signs at all newly opened inter- sections, hereinafter called "Street Sign Improvements." H. Traffic control sign improvements for controlling traffic on the newly opened streets and intersections, hereinafter referred to as "Traffic Control Sign Improvements." I. Street lighting, including poles, crossarms, wire, and transformer pedestals, and other necessary appurtenances herein- after called "Street Lighting Improvements," as provided by City agreement with Northern States Power. J. Improvements to be installed at Developer's expense by Developer as provided herein, are hereinafter referred to as "Plan A Improvements." Improvements which the Developer has petitioned the City to install and Einance on an assessment basis are hereinafter referred to as "Plan B Improvements. '! 6. PLAN A IMPROVEMENTS: The Developer shall construct and install at the Developer's expense the following improvements under Plan A, according to the following terms and conditions and the general and special conditions' attached hereto and made a part of this agreement. -4- . . PLAN A IMPROVEMENTS - PHASE ONE SINGLE FAMILY BRIEF DESCRIPTION OF IMPROVEMENTS ESTIMATED COST Water Improvements as described in Contract Documents for Project 84-5, Waterford, dated July 23, 1984 $ 123,235.00 Traffic Control Sign Improvements as described in Exhibit C. $ 450.00 Entrance Monuments and more fully described in specifications attached Exhibit D. Identity Signs, the plans and hereto as $ 8,000.00 TOTAL ESTIMATED COST: $ 131,685.00 A. Construction Plan and Apt>roval Thereof: The Developer will engage, at Developer's expense, a duly registered professional civil engineer authorized to practice within the State of Minne- sota, to prepare detailed plans and specifications for the complete installation of the water improvements portion of Plan A Improve- ments in accordance with City standards, and submit same to the City Engineer for written approval prior to commencement of construction. In the case where the City Engineer prepares feasibility plans for a portion of the Plan A Improvements, that cost will be assessed against the property. The Water Feasability Report dated August 13, 1984, prepared by the City Engineer will not be assessed to the property or paid for by the Developer. B. Services to be Performed by City and Payment Therefor: (1) The City will review and approve plans and specifi- cations prepared by Developer's Engineer, provide general inspection of methods, materials, and work, and conduct final job inspection. Cost estimate for said City work will be furnished to the Developer for review before commencement of work. C. Construction of Plan A Improvements: (1) Completion Date: All Plan A Improvements for Phase One Single Family Development shall be completed not later than October 1, 1985. (2) Approval of contractors: Any contractor selected by the Developer to construct and install any Plan A Improvement shall be subject to approval by the City, which approval will not be unreasonably withheld. The City reserves the right to require evidence of competency and adequate financial status of any such contractor. (3) Construction: 'The construction, installation, materials, and equipment shall be in accordance with. the -5- . . approved plans and specifications. (4) Easements: The City and the Developer will cooperate with each other to give cross easements as necessary for the installation and maintenance of utilities. (5) Insurance: The Developer will cause each person, with whom Developer contracts for the construction and installa- tion of any Plan A Improvements, to furnish the City with evidence of complete insurance coverage including workmen's compensation, liability, and property damage. (6) As-Builts: Within ninety (90) days after the comple- tion of said Plan A Improvements, Developers shall supply the City with three print copies and one reproducible set of "As-Built" Plans. (7) Performance Bond -Phase One Water Improvements: The Developer will fully and faithfully comply with all terms of any and all contracts entered into by the Developer for the installation and construction of all Phase One Water Improvements and hereby guarantees the workmanship and materials for a period of one (1) year following . the City's final acceptance of said water improvements. To ensure such compliance and guarantee by the Developer and to secure the satisfactory completion of the said Water Improvements, the Developer shall provide a performance bond satisfactory to the City. Such performance bond shall continue in effect during the construction period of the improvements and expire one (1) year after the City's final acceptance of the improvements. The Developer shall pay all reasonable attorney's fees and costs incurred by the City in defense of or enforcement made by any rights of the City under said Performance Bond. (8) Letter of Credit-Trunk Water Supply and Stora<je Facilities: The Developer will fully and faithfully comply with all terms of any and all contracts entered into by the Developer for the installation and construction of the Trunk Water Supply and Storage Facilities, as described in Exhibit E, and hereby guarantees the workmanship and materials for a period of one (1) year following the City's final acceptance of said Trunk Water Supply and Storage Facilities. To ensure such compliance and guarantee by the Developer and to secure the satisfactory completion of the said Trunk Water Supply and Storage Facilities, the Developer shall herewith deposit with the City a Letter of Credit satisfactory to the City. Such Letter of Credit shall continue in effect during the construction period of said Trunk Water Supply and Storage Facilities and expire one (I) year after the City's final acceptance of said Trunk Water Supply and Storage Facilities. The amount of the Letter of Credit shall be equal to one hundred fifty per cent (150%) of the estimated cost of construction of said Trunk Water Supply and Storage Facilities as approved by the City Engineer. The Developer shall pay all reasonable attorney's fees and costs incurred by the City in defense of or enforcement made by any rights of the City under said Letter of Credit. . . 7. PLAN B IMPROVEMENTS: The Developer has petitioned the City for the installation of Plan B Improvements. PLAN B IMPROVEMENTS - PHASE ONE SINGLE FAMILY BRIEF DESCRIPTION OF IMPROVEMENTS ESTIMATED COST Permanent Street and Street Sign Improvements Storm Sewer Improvements $ 190,301.50 $ 246,056.65 $ 146,289.50 Sanitary Sewer Improvements TOTAL ESTIMATED COST: $ 582,647.65 A. Institution: The Developer has previously submitted to the City Council a petition as provided for by M.S.A. 429.031, made and assessed against the benefitted properties. B. Construction: The City Council has adopted a resolution determining the sufficiency of such petition; said Plan B Improvements shall be designed and constructed, in all respects, as other City Improvements made pursuant to the provisions of M.S.A. Chapter 429 or. other applicable statutes. C. Assessments: The City agrees to make the Plan B Improvements and to assess 100 percent of the total cost of the project against the subject property. Assessment will be over a period of time coinciding with the payback of the bonds sold to construct said project. The assessment shall bear interest at the rate of 11.25 per cent. The total cost of said project shall be the actual construction cost, plus indirect costs for adminis- trative, legal, engineering and bonding expenses, It is under- stood that the total of such indirect costs shall not exceed 22.5% of actual construction costs, provided, however, that changes in the field requested by Developer (the cost of which 151'..~ -7- . . changes shall be documented by detailed engineering invoices) may cause such percentage figure to be increased. Developer herewith agrees and waives all hearings and objections, statu- tory or otherwise, and consents to said assessment being placed on the property providing that the assessments will be based on the following premises: (1) The single family lots shall be assessed for the cost of a 28 foot paved road, with the remainder costs of oversizing up to and connecting to the frontage road to be spread against the multiple- family and commercial portions of the project. (2) The City shall pursue the availability of outside funding sources for the funding of the Old Market RoadjHighway 7 intersection improvement. (3) The Developer shall share costs by means of reasonable right-of-way dedication for intersection construction and agrees to accept a proportionate assessment of construction costs. The Developer, its heirs, successors and assigns, shall not (except upon written approval of the City) transfer any property or portion thereof that is the subject of this A .reement before the entire improvement cost for Phase One is assessed against the property without payment of a sum equivalent to the amount to be assessed, under and pursuant to this Agreement. If any such transfer is made before the special assessments have been levied, Developer shall pay the City the sum of cash equal to the amount estimated by the City Engineer for the special assessment for the property ~8- . . to be transferred. Developer shall be liable to the City for any deficiency between the estimated assessment and the actual levied assessment. The City shall pay the Developer any overage arising from payment based on such estimate. Hereinafter, any reference to special assessment shall include any such estimated special assessments. Within ten (10) days after the execution of the Purchase Agreement between the Developer, its heirs, successors, or assigns, and a buyer for any purchase of a property within the benefited area, the Developer, its heirs, successors, and assigns hereby agree to notify the City Clerk in writing in duplicate of the name and address of the purchaser, the date of the Purchase Agreement, and the legal description of the property purchased. The City hereby reserves the right to call the attention of the buyer to the provisions of this Agree- ment. In the event the Developer fails to pay after 180 days from the due date, any installment of special assessments for a particu- lar lot or lots within a phase, and if such lot or lots constitute a quantity in excess of ten percent (10%) of the total number of lots in said phase, the City at its option in addition to its rights and remedies hereunder may declare all the unpaid special assessments levied on all property that is subject to this Agree- ment, due and payable in full, and immediately may commence legal action against the Developer to collect the entire unpaid balance, including reasonable attorney's fees, and shall not be obligated to issue a building permit for construction on any lot within the development property. 8. All Plan A and Plan B Improvements shall be overseen and inspected by City Inspectors. The City Inspector shall be on the s~te as directed by the City Engineer. 9. The Developer shall pay the required park contributions as each phase of the plat is approved, the amount of park donation as required by the City ordinances as of the date said final plat is approved. There is presently due by this agreement to the City the amount of $26,500 for park donation fees, which amount shall be paid upon execution of this Agreement. Developer shall be given credit for seven (7) park units paid during Phase II of the single family residential units for developer's contri- bution of Outlot B and a portion of Outlot A, and Developer shall be given credit for three (3) park units for the construction of the multi-family homes, for developer's contribution of Outlot A. 10. Sewer Assessments : The original assessments against the property for sanitary sewer are as follows: -9- . . Clifford Property: (More specifically described in attached Exhibit A) 2,462,678 square feet; 1 C Unit, 1 B Unit, 1 A Unit, 3 D Units; Total Assessment: $33,027.00 Rebers Property: attached Exhibit Unit, 1 B Unit Total Assessment: (More specifically described in A.) 754,046 square feet; 1 C $11,240.00 Developer shall be entitled to the right to hook up eight (8) single family units within the described phase upon paying to the City the difference between the amount of a C unit assess- ment and the amount originally assessed for the units plus seven percent (7%) interest from January 1, 1973, through December 31, 1985, which totals $5,951.00. In addition, there is an original assessment for sanitary sewers against a portion of the subject property which is planned for multi-family homes and commercial development as follows: Murfin Property: (More specifically described in attached Exhibit A) 1,139,070 square feet; 1 C Unit, 1 B Unit, 1 A Unit, 7 D Units Total Assessment: $23,791.00 Developer shall be entitled to receive the right to hook up ten (10) multi-family homes within the desc~ibed property by paying to the City the difference between the amount for a B unit assessment and the amount originally assessed for the units plus seven percent (7%) interest from January 1, 1973 to December 31, 1985, which totals $10,696.00. 11. Municipal Sewer Connection Charges: In addition to the charges set forth in Paragraph 10 above, the Developer shall pay to the City the equalization sewer charge for connection to the municipal sewer, for each of the living units authorized to be constructed in the project over and above those set forth in Paragraph 10 above, as follows: Single Family Units: $400.00 per unit, plus interest at seven percent (7%) per annum from January 1, 1983, to the date of approval of any given state of construction. Stage 1 has been approved for 53 units, minus a credit of eight (8) units, which leaves 45 units. With interest computed from January 1, 1973, to December 31, 1985, the total charge for these units would amount to $ 34,380.00. -10- . . Multi-Family Units and commercial rates will be determined pursuant to the equalization ordinance in effect at the time of development. Payments for all local sewer availability charges in each phase shall be assessed at the time the final plat is approved for any given phase. 12. The City may in its discretion issue building permits prior to the completion of all the streets and utilities as provided for herein, it being understood by the Developer that certificates of occupancy shall not be issued until all utilities have been approved and accepted by the City. The City may, however, issue certificates of occupancy prior to the final acceptance of the street, providing all other utilities have been installed and accepted. 13. The Developer shall provide copies of all covenants, easements, and restrictions and other documents relating to the project which shall be reviewed and approved by the City Attorney prior to the commencement of construction for Phase One. 14. The Developer shall provide copy of Articles of Incorporation and By-Laws of the Homeowners Association for review and approval by the City prior to commencement of construction. The Homeowners Association shall make provisions for the permanent care and maintenance of any identifying monuments located at the entrance to the project. 15. The City, its agents and employees, shall not be per- sonally liable or responsible in any manner to the Developer, the Developer's contractors or subcontractors, material men, laborers, or to any other person, firm, or corporation whomsoever, for any debt, claim, demand, damages, action, or causes of action or any kind of character arising out of or by reason of this agreement of the performance of the work and improvements hereunder; the Developer shall save the City, its agents, and employees 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, except for any work performed by the City. 16. Developers agree to hold Outlot C for the use of the property to the north to provide access to the property to the north and agree to sell Outlot C to the owners of the property to the north in the amount of $60,000 (representing three sewer and street assessments), plus accrued interest from the date of said sale. -11- . . 17. Outlot E shall be subject to maintenance by the Homeowners Association for the project. 18. Outlot D shall be developed and integrated with the Covington Vine Ridge Development with access to be provided through Covington Vine Ridge. 19. Prior to the construction of the Trunk Water Supply and Storage Facilities designated in Exhibit E, the Developer may interconnect with the City of Minnetonka for an interim water supply pursuant to agreement between the Cities of Shorewood and Minnetonka. Such agreement shall provide for service ex- tending over a period of four (4) years or up to a total of 90 water user units, whichever first occurs. The Developer shall have the right and authority pursuant to a franchise agreement with the City to supply water to areas outside the project including Covington Vine Ridge, Silver Ridge Development, Johnson lots, and other adjoining lots if said property owners request to be connected. 20. The City at the request of Developer has had a traffic study prepared by the City Engineer at a cost of $18,900.00. The cost of said study shall be assessed against the project. The assessment shall be levied one-third against the multiple residential land and two-thirds against the commercial land. 21. The City agrees to sell to Developer for the sum of $5,000.00, a well site of approximately 10,000 square feet to be located in the northwesterly corner of the property to be pur- chased from Bruce Construction Company for park property. If the City does not acquire said property from Bruce Construction Company, this paragraph has no effect. 22. It is understood that single family lots will be developed based upon the requirements of the R-2 Zoning District standards, as may be amended, except as specifically modified herein. The City has heretofore and herewith grants certain setback variances as more specifically outlined in the attached diagram as Exhibit F. 23. The Developer shall furnish the City single limit public liability insurance in the amount of $1,000,000. This insurance policy shall be furnished contemporaneously with the execution of this agreement and shall remain in full force and effect during the period of any construction of Plan A Improve- ments by the Developer. 24. The Developer shall reimburse the City for all costs above and beyond the normal services provided by the City, including that of its consulting engineers, legal, planning, and administra~ tive expense incurred by the City in connection with all matters relating to-the preparation, administration, and enforcement of this agreement and the performance thereof by the Developer and all other matters relating to the PUD plan; the Developer -12- . . shall be entitled to receive as a credit against these expenses all applicable fees heretofore paid to the City under and pursuant to zoning and subdivision ordinances and costs that have been assessed. Said extra charges will be itemized identifying person, task, time, date, and at-cost rate. 25. In the event the Developer shall default in the per- formance of any of the covenants and agreements herein contained, and such default shall not have been cured within ninety (90) days after receipt by the Developer of written notice thereof, the City may deny building permits or certificates of occupancy for any building \~i thin the development, or in lieu thereof, take legal action against the Developer. If such default involves the construction or installation of any required Plan A Improve- ment, the City may cause such improvement to be constructed and installed, and may cause the entire cost thereof, including all reasonable engineering, legal, and administrative expenses incurred by the City, to be paid by drafts drawn against the Letter of Credit or other security deposited pursuant to the terms of this Agreement, or in lieu thereof, the City may take legal action against the Developer. In the event of an emergency, as determined by the City Engineer, the notice requirements to the Developer shall be and hereby are waived in their entirety, and the Developer shall reimburse the City for any expense incurred by the City in remedying the conditions creating the emergency. 26. The City staff, City Council, City consultants and Developers will at all times expedite all work involved in the development of the "propert~{" and in the development and execu- tion of the proposed Highway 7 intersection. 27. Developer at his expense shall provide temporary dams, earthwork, or such other devices and practices including seeding or grading of areas as shall be needed in the judgment of the City 'Engineer and the engineer for the appropriate watershed district. 28. The address of the Developer for purposes of this contract is: Trivesco 14201 Excelsior Boulevard Minnetonka, Minnesota 55345-4997 29. 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. -13- . . In the event any prov1s1on of this agreement shall be held invalid, illegal, or unenforceable by any court or competent jurisdiction, such holding shall not invalidate or render un- enforceable any other provision hereof and,the remaining provisions shall not in any way be affected or impaired thereby. 30. This agreement may be simultaneously executed in several counterparts, each of which will be an original and all of which shall constitute, but be one and the ,same instrument. 31. This agreement shall be construed in accordance with the laws of the State of Minnesota. 32. Signs for the purpose of advertising the subject property may be erected in accordance with sign plans to be submitted by Developer and approved by the City Council. In Presence of: CITY OF SHOREWOOD By: Robert Rascop, Mayor By: Its: In Presence of: TRIVESCO BY: Its: By: Its: -14- " . . STATE OF MINNESOTA) ) ss COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this day of , 1985. Notary Public -15- ,. . . .. ORDINANCE NO. A..~ ORDINANCE GRANTING A FRP.NCHISE TO CONSTRUCT, OPERATE AND MAINTAIN A WATER SYSTEM IN THE CITY OF SHOREWOOD, SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF FRANCHISE; PROVIDING FOR CITY REGULATION OF THE WATER SYSTEM; PROVIDING AN OPTION FOR TAKE-OVER BY THE CITY OF SHOREWOOD; AND PRESCRIBING PENALTIES FOR THE VIOLATION OF ITS PROVISIONS. The City Council of the City of Shorewood does hereby ordain as follows: SECTION 1. TITLE. This Ordinance shall be known and may be cited as the Water Franchise Ordinance. SECTION 2. DEFINITIONS. For the purpose of this Ordinance, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directive. 2.1 "City" is the City of Shorewood. 2.2 "Company" is the grantee of rights under this fran- chise as follows, namely, Trivesco, a partnership consisting of Steiner and Koppelman, Inc., Robert H. Mason Homes, Inc., and Highland Properties, Inc. 2.3 "Council" is the City Council of the City of Shorewood. 2.4 "personh is any person, firm, partnership, association, corporation, company or organization of any kind. 2.5 "Trunk Water Supply and Storage Facilities" includes well, pump and motor, pump house, water main and elevated tank. 2.6 "Complete Water System" includes all pipes, accessories and other fixtures, including the Trunk Water Supply and Storage Facilities, necessary or proper for the maintenance and operation of a water distribution system in the City. SECTION 3. GRANT OF AUTHORITY. There is hereby granted by the City to the Company the right and privilege to construct, erect, operate, and maintain in, upon, along, across, above, over and under the streets, alleys, public ways and public places now laid out or dedicated and all extensions thereof and additions thereto a complete water system in the City of Shorewood. This franchise and grant of authority is given in respec~ to the following described area in the City of Shorewood: /~e . . All of the area within the boundaries of the preliminary plat of Waterford as approved by the Council on September 10, 1984, a copy of which preliminary plat is on file in the office of the City Clerk, and in addition, areas outside said plat, including Covington Vine Ridge, Silver Ridge Development, Johnson lots, and other adjoining lots if said property owners request to be connected. The right to use and occupy said streets, alleys, public ways and places for the purposes herein set forth shall not be ex- clusive and the City reserves the right to grant the similar use of said streets, alleys, public ways, and places to any person at any period of this franchise. SECTION 4. COMPLIANCE WITH APPLICABLE LAWS AND ORDINANCES. The Company shall at all times during the life of this franchise be subject to all lawful exercise of the police power by the City and to such reasonable regulation as the City shall hereafter by Resolution or Ordinance provide. SECTION 5. COMPANY LIABILITY INDEMNIFICATION. It is expressly understood and agreed by and between the Company and the City that the Company shall save the City harmless from all loss sustained by the City on account of any suit, judgment, execution, claim or demand whatsoever resulting from negligence on the part of the Company in the construction, operation or maintenance of its water system in the City. The City shall notify the Company by registered mail addressed to the follow- ing address: Trivesco 14201 Excelsior Boulevard Minnetonka, Minnesota 55345-4997 within 90 days after the presentation of any claim or demand, either by suit or otherwise, made against the City on acoount of any negligence as aforesaid on the part of the Company. SECTION 6. LIABILITY INSURANCE. At the time of acceptance of this franchise, the Company shall procure the issuance of and keep in force at all times thereafter during construction, maintenance or o~~~~~~~the system or any part thereof by the Company ,I p~'b'=1ic 1."'ia1hlity insurance in the amount of $1,000,000. Said policy of insurance shall be issued by an insurance company authorized to do business in the State of Minnesota and approved as to form by the City Attorney. Said insurance policy shall provide protection to the City in accordance with the indemnifica- tion provision above. A certificate showing such coverage shall be filed with the City Clerk at the time of notification by the Company of acceptance of the franchise. -2- . . SECTION 7. CONSTRUCTION. It is contemplated that the Company shall construct the water system in the area stated in portions as platted. In advance of the start of construction of each portion of the system, the Company shall submit to the City Council, in duplicate, complete plans and specifications for the portion proposed to be constructed. Such plans and specifications shall be examined by the City Engineer and shall meet the reason- able requirements of the City Council and the City Engineer and no construction of said portion of the water system shall be commenced unless and until written notice of approval by the Council has been furnished by the City Clerk. SECTION 8. LETTER OF CREDIT;CONSTRUCTION. At the time of acceptance of this franchise ,the Company shall deposit with the City a Letter of Credit satisfactory to the City. Such Letter of Credit shall continue in effect during the construction period of the Trunk Water Supply and Storage F~cilities and expire one (1) year after the City's final acceptance of said Trunk Water Supply and Storage Facilities. The amount of the Letter of Credit shall be equal to one hundred fifty percent (150%) of the estimated cost of construction of said Trunk Water Supply and Storage Facilities as approved by the City Engineer. The Company shall pay all reasonable attorney's fees and costs incurred by the City in defense of or enforcement made by any rights of the City under said Letter of Credit. SECTION 9. SERVICE STANDARDS. The Company shall maintain and operate its water plant and system and render efficient service in accordance with the reasonable rules and regulations as may be promulgated by the City Council. All water shall be supplied through meters which shall accurately measure the amount of water supplied to any consumer and the Company shall, at any time when requested by a consumer, make a test of the accuracy of any water meter. Whenever it is necessary to shut off or interrupt service for the purpose of making repairs, adjustments or installation, the Company shall do so at such time as will cause the least amount of inconvenience to its customers and unless such repairs are unforeseen and immediately necessary, the Company shall give reasonable notice thereof to consumers. SECTION 10. COMPANY RULES. The Company shall have the authority to promulgate such rules, regulations, terms and conditions governing the conduct of its business as shall be reasonably necessary to enable the Company to exercise its rights and per- form its obligations under this franchise and to insure an uninterrupted service to each and all of its customers. It is provided, however, that s.uchrules, regulations, terms and conditions shall not be in conflict with the provisions hereof or of laws of the State of Minnesota and such rules and regula- tions, terms and conditions shall be subject to approval of the Ci ty Council-. -3- . . SECTION 11. BOND PERFORMANCE. At the time of acceptance of this franchise, the Company shall procure, and keep in force there- after at all times during the period of this franchise, a corporate surety performance bond in an amount not less than $10,000 conditioned upon compliance with all the terms of this franchise and the reasonable regulations by the City Council and conditioned upon the continued supplying by the Company of an adequate and safe water supply to the customers and users of the water system and upon the proper maintenance, operation and upkeep of the system. SECTION 12. RESTORATION. In case of any disturbance of pave- ment, sidewalk, driveway, or other surfacing, the Company shall at its own cost and expense and in a manner approved by the City Engineer, replace and restore all paving, sidewalk or driveway surface of any street or alley disturbed in as good condition as before said work was commenced and shall maintain the restora- tion in an approved condition for a period of one year. SECTION 13. RELOCATION. In tp~ e~ent that at any time during the period of this franchise fi;lfaEiI \awfully elect to alter or change the grade of any street or alley or other public way, the Company, upon reasonable notice by the City, shall remove, re-lay and relocate its pipes, tubing and other fixtures at its own expense. SECTION 14. COSTS. The Company shall pay to the City all reasonable costs incurred by the City in examination of plans and specifi- cations, policing construction, preparation of legal instruments and documents and publication of this franchise. SECTION 15. PREFERENTIAL OR DISCRIMINATORY PRACTICES PROHIBITED. The Company shall not as to rates, charges, service facilities, rules, regulations or in any other respect make or grant any preference or advantage to any person nor subject any person to any prejudice or disadvantage; provid~d that, nothing in this franchise shall be deemed to prohibit the establishment of a graduated scale of charges and classified rate schedules to which any customer coming within such classification would be entitled. SECTION 16. RATES - INITIAL. The Company shall be entitled to charge water users a fair and reasonable rate for the furnishing of water. Initial rates are established as follows: SECTION 17.- RATES - CHANGES. The rates above provided shall continue during the term of this franchise unless and until a change in costs makes it necessary for the Company to increase -4- . . . rates in order for the Company to produce a reasonable return of 6% on unrecovered costs as provided in Section 21 hereof, or unless and until a decrease in costs warrants a reduction in rates so that the Company shall produce no more than a reasonable return on its investment. If the Company desires to increase rates as above prov~ed, it shall file with the City Clerk, at least 90 days prior to the date the grantee desires to have the new rates become effective, a schedule of the proposed increased rates. Such new rates shall become effective on the date requested by the Company unless disapproved by the City Council before such date. If the proposed rates are disapproved by the Council, the rates then in effect shall continue in effect. SECTION 18. HYDRANTS. The Company shall install and maintain hydrants as part of its water distribution system for the purposes of fire protection. Said hydrants may be used by the City in the performance of its governmental functions without charge and as a part of the consideration for the issuance of this franchise. SECTION 19. REPORTS. The Company shall file with the City Council annually a copy of its annual report for the preceeding fiscal year, together with a balance sheet and income statement, for the operation by the company under this franchise. At the request of the City Council at any time, copies of income tax returns filed with the Federal Government shall be furnished by the Company to the Council. SECTION 20. GRANT TO CITY - END OF TERM OR FORFEITURE. At the expiration of the term for which this franchise is granted or upon the forfeiture as provided in Section 23, the City at its elect~on and without any costs, shall have the right, power and authority to obtain and take over the complete water system. Upon the exercise of this option by the City by the service of an official notice upon the Company to that effect, the Company shall immediately execute such deeds or instruments of conveyance to the City as shall be required to convey to the City title to the property in fee simple, free from any and all liens and encumbrances. The Company shall make it a condition of each contract entered into by it with reference to operations under this franchise that the contract shall be subject to the exercise of this option by the City and that the City shall have the right to be substituted for the Company as a party to any such contract and shall have the right to succeed to all privileges and obligations thereof at its option. -5- # . . SECTION 21. SALE TO CITY - DURING TERM. At any time during the term of this franchise, the City at its election and upon the payment of an amount as hereinafter provided, shall have the right to purchase and take over the complete water system. Upon the exercise of this option by the City by the service of an official notice upon the Company to that effect, the Company shall immediately execute such deeds or instruments of conveyance to the City as shall be required to convey to the City title to the property in fee simple, free from any and all liens and encumbrances. The Company shall make it a condition of each contract entered into by it with reference to operations under this franchisetthat the contract shall be subject to the exercise of this;8? tR9 City and that the City shall have the right to be substituted for the Company as a party to any such contract and shall have the right to succeed to all privileges and obligations thereof at its option. The amount to be paid as provided in this section shall be a sum equal to the difference between the actual costs of con- struction of the water system and what it would have cost to (install individual wells for all the users then using the system if the former exceeds the latter. If the costs for individual wells ever shall equal or exceed the actual costs of construction of the water system, the City at its election and without any costs shall have the right to obtain and take over the complete water system. For the purposes of this provision the costs per well for each user shall be deemed initially to be $ Because of problems of inflation or deflation affecting costs, the figure to be used for the cost of individual wells shall be taken at the time of hook-up of the user to the water system; and the initial cost herein stated shall be increased or decreased in accordance with any increase or decrease in construction costs based upon the latest Engineering News and Record Construction cost index. Said index at the time of adoption of this franchise is Any inc~ease or decrease in said index shall be taken as a percentage of the present index figure and the figure used as the individual well .cost shall be adjusted in accordance with the percentage of increase or decrease in the index.) SECTION 22. INSURANCE SYSTEM. The Grantee shall at all times keep the water tanks, pumps, pump houses and other insurable portion of the system or any part thereof, insured in an insurer approved by the City Council against the perils of fire, wind- storm and other coverages set forth in the standard extended coverage endorsement, to the extent of the replacement costs thereof, and shall file a certificate of such insurance with the City Clerk. Such insurance shall be payable to the Grantee and to the City as their interests may appear, and the Grantee shall -6- . . . . be obligated to use the proceeds thereof for the repair or replacement of the damaged or destroyed property, to the extent necessary to so repair or replace such damaged or destroyed property. SECTION 23. FORFEITURE. Any violation by the Company, its vendees, leasee, or successors of the provisions of this franchise or any material portion thereof, or the failure to promptly perform any of the provisions thereof, shall be cause of the forfeiture of this franchise and all rights hereunder. Such forfeiture shall be instituted only after written notice to the Company by the City and a continuation of such violation, failure or default. In addition thereto, any person, firm or corporation violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor and punished accordingly. Each day of such violation shall constitute a separate offense. SECTION 24. EFFECTIVE DATE. The franchise and rights herein granted shall take effect and be in force from and after the final passage hereof as required by law, filing of acceptance by the Company with the City Clerk and publication; and shall continue in force and effect unless otherwise terminated for a term of 10 years after the effective date of this franchise. This franchise shall be deemed null and void unless an acceptance has been filed within 14 days after notification to the Company of passage. Robert Rascop, Mayor ATTEST: City Clerk -7- J CITY OF SHOREWOOD SPECIAL ASSESSMENT POLICY STORM SEWER Drainage districts defining the assessment limits will be established for each project authorized. These limits will generally follow the natural ridge line or 0rainage divide. Location of assessment limits will be determined by the City Engineer upon review of topographic maps and other pertinent data. The assessment rates for storm sewers will be computed in proportion to the amount of rainfall or runoff from the properties involved which can be consid- ered a function of land use. Assessment rates per square foot computed as follows: Land Use Function Rate per Square Foot Commercial and Residential-Commercial 2.0 times single family' residential Multi-family Residential 1.5 times single family residential Park and Open Space 1. 25 " single family residential 1.0 " single fami ly residential .75 " single family residential Two-family Residential Single-family Residential For planning and public hearing purposes, the assessment rate amount per square foot will be established based upon the Engineer's estimate for each project authorized. Actual assessment rate per squarefoot will be based upon all final costs associated with each project authorized. Final costs include construc- tion contracts, engineering, legal, administration, fiscal, etc. Additional assessments will be assigned to property receiving extraordinary benefit from a storm sewer improvement. Credits will be given for storm sewer costs previously assessed or incurred less areas of flood plain or unbuildable soils. -II //// i; / SPECIAL ASSESSMENT POLICY - 2 - CITY OF SHOREWOOD Minor storm sewer projects may be minimized by combining such work with sani- tary sewer or street improvement projects. All project costs will be assessed to the benefitted area. However, the City may assume responsibility for certain storm sewer improvements which have general benefits to the community. ~ An alternative to the final paragraph above may be: percent of the cost of constructing storm sewers shall be paid by the City from General Funds. The remainder of the cost shall be assessed to the benefitting property in the area served by the storm sewer on the basis / of the square footage of the property. The assessment rate to be used for ~ the remaining costs will coincide with the rates established above for each land use function. ''',- /1 0<// ,-.- YJ/vi / (}/ft- '!', ,l . .. j ,~ I. L. ~ ,( , /r n {,.t1/, cyrf;!-.7~1Z-< 1ft: <3#lr jG 9VCI -'.5Lf7' May 9, 1985 Mr. Brad Neilsen, City Planner, Shorewood, MN. Dear Brad; 1 I am writing in response to our meeting of May 1, ~985 concern- ing the possible rezoning of approximatley 25 acres lying in the Northwest Quandrant of the Minnetonka Country Club, the property we are interested to purchase. During our conversation, the matter was discussed that there might be the possibility of rezoning for medium density - multi dwelling Townhouses if we met all the critera which the City of Shorewood would dictate for us to be able to build from four to six units per acre, if we would make a commitment in writing that we would keep the 18 hole Golf Couse would be kept intact for a period of from ten to fifteen years. We are willing to make this commitment in writing at any time. We know that no one person can give us a letter of commitment, but the Investors would appreciate such a le~ter from someone form Shorewood stating that our request will receive the same courtious consideration as you would for any other applicant, as we are trying to close on or before May 15, 1985. With such a letter, we could then proceed to invest from fifty to one hundred thousand dollars to begin a survey, site select- tion, and prepare Townhouse sketches to be submitted to the Planner for consideration and approval. We will ask for approval before we begin any kind of project. We beleive that with proper planning and construction and leaving enough "open space" that it would lend to the beauty and serenity to the surrounding properties. ~ . i " --~____~~_---z." ....,,~~~-____......... ' steve Ram~ey ~ Haven Enterprise's, ~n'c. copy to: Mayor Robert Rascop City Attorney Glenn Froberg ~hairman Planning Commision Bruce Benson - . CONSTRUCTION PAYHENT VOUCHER . ~511~it~ Voucher No. ? J-i.ti ~ay 2, 1995 For Period Ending Apr i I 30, 1985 C~o~ec~ ~ioJl!oe' 94-5 ------------------------------------------------------------------------------------------------------- .. . .' 4$5: ~. :.0.0:" Sanitary Sew.r, Storm SlWIr, Str..t Constructioa ------..------------------------------------------------------------------------------------------------ and Appurtenant Work To : \ K'Ak4, Inc. 1694-91st Av.. H.E. Blain., HR. 55434 '.: ~ ~ .. . . .:.'\";. 'till.. Wa te:-ford City of Shore~ood, H.nn.pin County, Hinn.sota 8. Totai Add!t;ons s 89211.78 r7 A. 0"g:nai Ccnt~act A;ount. $ 582647.65 C. Total ~eductt:ons $ 4710.50 ~. 7ota: F,1ds E~cu~b.:'td s 667148.93 E. -:':~i! l"!ii;U~ of I.~iir'k C.:,t .. led to fiate $ 265052.92 : .ess R~ta;n~d Pf~cer.tage 5 7. $ 13252.00 CF~-:C~E_8N~yERON & ASSOCIATES, '~I"" . ~ 'l.i I 242790.47 G. _eS5 Tota! PrevIous Pa!~~~ts H. Ap~rov;~ fOe Pa/~~~t. ThiS Report :. icta1 ;a!~~nt5 Includ!ng Tr:is Voucher 251800.92 .. 5i:iince Cariied Forwarc 415348.01 ~PPR]'ALS = P~e~~i"~ to our fi.l1 obs.rvatlon, as perfor~ed in accordanc. ~ith our contract, ~. h.r.by c.rtiiy that the ~aterials .rf sat:sfact:'< ar:c th~ wo:'~ proper.! pfrformed in accordanc. ~ith the plans and sp.cifications and that the total ",,"'I< 'S 39 ;; caaplet.d as oi April 30, 1985 . W. her.by rtcOllltnd paYllent of this voucher. --------~~~~~~~~~~~~~~-----------------~~~~~~~~~~~::::::_:~~~~~~ ~h:s ,S to cert:~y that to the ~.st Ot ~y Knowl.dgt, information, and b.li.f, the quifttities and valu.! of ~ork cert;t;ed her!!~ is i fair apprOXlmit~ estimate for tb. p.riod cover.d by this vouchtr. :.~ntractor KenXo, Ine. 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