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06-13-16 CC Reg Mtg AgendaP CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS MONDAY, JUNE 13, 2016 7:00 P.M. AGENDA 1. CONVENE CITY COUNCIL MEETING A. Roll Call Mayor Zerby___ Labadie___ Siakel___ Sundberg___ Woodruff___ B. Review Agenda Attachments 2. APPROVAL OF MINUTES A. City Council Work Session Minutes of May 31, 2016 Minutes B. City Council Regular Meeting Minutes of May 31, 2016 Minutes 3. CONSENT AGENDA – Motion to approve items on the Consent Agenda & Adopt Resolutions Therein: A. Approval of the Verified Claims List Claims List B. Appointing the 2016 Primary and General Election Judges and Establishing Clerk’s memo, An Absentee Ballot Board Resolution C. Excelsior Firefighters Relief Association Fundraising Event Approvals Administrator’s memo Resolution 4. MATTERS FROM THE FLOOR (No Council Action will be taken) 5. PUBLIC HEARING 6. REPORTS AND PRESENTATIONS 7. PARKS 8. PLANNING A. Report by Robert Bean on the June 7 Planning Commission meeting B. Minnetonka Country Club Final Plat and Final Plan Planning Director’s Memo, Resolution, Ordinance C. Oppidan Senior Housing Final Plat and Final Plan Planning Director’s Memo, Resolution, Ordinance CITY COUNCIL REGULAR MEETING AGENDA – June 13, 2016 Page 2 9. ENGINEERING/PUBLIC WORKS A. Discussion of Smithtown Road Trail Project and Minnetonka Country Director of Public Club Project Works discussion 10. GENERAL/NEW BUSINESS A. Draft Tax Increment Financing Plan (Oppidan Project) Finance Director’s memo, Resolution B. 2016 Deer Management Program Planning Director’s memo C. Crescent Beach Maintenance Agreement Administrator’s memo D. Assessment Services Agreement Finance Director’s memo 11. STAFF AND COUNCIL REPORTS A. Administrator and Staff 1. Trails Schedule Trail Schedule 2. Update on Administrator Search 3. Update on Tonka Splash Event B. Mayor and City Council 12. ADJOURN CITY OF SHOREWOOD  5755 Country Club Road Shorewood, Minnesota 55331 952-960-7900  Fax: 952-474-0128 www.ci.shorewood.mn.us cityhall@ci.shorewood.mn.us Executive Summary Shorewood City Council Regular Meeting Monday, June 13 7:00 p.m. Agenda Item #2A & 2B: Approval of Minutes from the May 31 City Council Work Session and Regular Meeting Agenda Item #3A: Approval of the verified claims list. Agenda Item #3B: This resolution appoints the 2016 Election Judges and establishes an Absentee Ballot Board. Agenda Item #3C: The Excelsior Fire Relief Association (EFRA) has submitted all the necessary documentation for its one-day temporary on-sale Liquor License and Special Event Permit for its annual fundraising event being held on July 15, 2016. All documentation has been reviewed and approved by appropriate staff, the SLMPD, and the EFD. As in past years, the EFRA has requested that the $25 temporary liquor license fee be waived, as the city is a member of the EFD. Agenda Item #4: Matters from the floor – no council action will be taken. Agenda Item #5: There are no public hearings scheduled this evening. Agenda Item #6: There are no scheduled reports or presentations this evening. Agenda Item #7: There are no Parks items this evening. Agenda Item #8A: Report by Planning Commissioner Robert Bean on the June 7 Planning Commission meeting. Agenda Item #8B: Mattamy Homes has submitted a final plat and final plan for the MCC project. Note that the plat is for the first phase only. A development agreement for the project is part of this packet, along with a resolution approving the plat and an ordinance rezoning the site to PUD District. If you have any questions, please do not hesitate to contact the Planning Director in advance of Monday night’s meeting. Executive Summary – City Council Meeting of June 13, 2016 Page 2 Agenda Item #8C: Oppidan has submitted its final plan for the Shorewood Senior Living (PUD) project on Chaska Road. It includes a final plat which combines the three parcels of land and provides street right-of-way for Chaska Road and drainage and utility easements for the site. Approvals include Final Plat and Final Plan for the PUD. Agenda Item #9A: Public Works Director Brown will provide a presentation for discussion regarding coordination of the Smithtown Road Trail Project and the Minnetonka Country Club Project, as it relates to traffic control and construction staging. Agenda Item #10A: The Draft Tax Increment Financing Plan for the Oppidan Senior Housing Project will be reviewed. Staff recommends approval of the resolution to meet statutory deadlines for the publication of the Hearing Notice and to stay on track with the already scheduled Special Meeting of the City Council and Economic Development Authority on July 14, 2016. Agenda Item #10B: It’s that time of year again, time to decide if we should continue the Deer Management Program. Assuming the answer is yes, staff and MBRB have proposed dates for four weekends, plus a backup date. Agenda Item #10C: Consideration of proposed revised agreement from Tonka Bay for Crescent Beach maintenance. Agenda Item #10D: Consideration of extending the Assessment Services Agreement with Hennepin County. Agenda Item #11A: Staff reports are provided in the packet and will be given at the meeting. #2A CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL WORK SESSION COUNCIL CHAMBERS MONDAY, MAY 31, 2016 6:30 P.M. MINUTES 1. CONVENE CITY COUNCIL WORK SESSION Mayor Zerby called the meeting to order at 6:30 P.M. A. Roll Call Present. Mayor Zerby; Councilmembers Sundberg and Woodruff; Administrator Joynes; Finance Director DeJong; and, Planning Director Nielsen Absent: Councilmembers Labadie and Siakel B. Review Agenda Woodruff moved, Sundberg seconded, approving the agenda as presented. Motion passed 3/0. 2. REAL ESTATE ISSUES Administrator Joynes stated Mr. John Benjamin has been working with staff for a number of months on a proposal for the Badger Park area. Mr. Benjamin asked for an opportunity to come before Council in a work session to discuss a high level concept. Mr. Benjamin was present this evening to do that along with a few of his colleagues. Mr. Benjamin stated he and his colleagues were present to present a vision for the area to Council. It is a vision they have been working on for many months. He thanked Mayor Zerby, Administrator Joynes and Director Nielsen for the assistance they have given them and for providing information when requested. He explained that he is involved with a corporation based in the City of Minneapolis. That precipitated his involvement in this area. When involved with that corporation he met Bonnie Witrak whose father had owned the Minnetonka Country Club (MCC) property for many years. Ms. Witrak is interested in trying to bring some of the family’s dream to fruition by infusing a transformation into Shorewood. He introduced the members of their immediate team. They include Mr. Benjamin, Ms. Witrak, Mr. Brad Scheib (a planner), Katie Myhre (designer and project manager with Snow Kreilich Architects – one of two architectural firms), Ms. Kathy Erman (his right hand and co-project director in terms of bringing this vision through; she has lived in the area for close to 30 years), and Jack Christen (an attorney out of an office located in the City of Edina). He displayed an enlarged copy of a photograph taken of the MCC about two weeks ago by one of their prospective tenants. It shows how drastic the transformation of the MCC property has been. He explained they are present to talk about a transformation in Shorewood. They have control of the commercial properties fronting Smithtown Road on the southeast corner of the Smithtown Road and CITY OF SHOREWOOD WORK SESSION MEETING MINUTES May 31, 2016 Page 2 of 5 County Road 19 intersection from the gas station on the west up to and including the car wash on the east. They also control the residential property located across from the public safety facility in Shorewood north to the Public Works facility. It is the team’s dream and desire to convert the commercial properties and the City Hall campus into a major center which would become the hub of Shorewood. The team understands there are a number of issues associated with doing that. One of them is the approved plan to replace the ball field in Badger Park with an artificial playfield which be used for lacrosse and football. Their proposal would relocate Badger Park onto part of the MCC property currently owned by Mattamy Homes. The new artificial playfield would be a full-size lacrosse field. He has met with the President of the Minnetonka Lacrosse Association about their proposal a couple of times. The team proposes to relocate City Hall and the Southshore Center to the residential property across from the public safety facility and south of the Public Works facility. For the current City Hall campus and the commercial area next door they propose to build an amazing retail facility which would put Shorewood at the center of the food retailing chain in this region. Their intention would be for the center to be a food type center and not a general shopping mall. It would be dedicated to 90 plus percent food. They hope to entice one of the major food chains to move into the center. They have a desire to have a fish, meat and deli vendor in there. The facility would have a basement car park that would be heated during the winter. The waste water that is generated from tenants would go down through a heat exchanger and heat the basement. Those coming to the center would be able to use a lift or escalator from the basement to access the retail area. Their goal is to transform that area of Shorewood into a new type of city. It would make Shorewood stand out from the Cities of Excelsior and Wayzata. If nothing is done Shorewood would continue to be a city of no destination. Ms. Witrak hopes that with the various partners there is an opportunity to create facilities that actually mean something to the community. The facilities would not be age specific; they would not be retirement centers. He commented that he has lived in an apartment for 12 – 14 years. He does not want to go back to living in a single-family home and he does not want to live downtown. He stated in 15 – 20 years the method of transportation will have changed significantly. People don’t want to spend an hour each way traveling by automobile to and from work. He wants to live where he has access to other facilities and where there are parks to walk to. He noted they are proposing to help create a vision that would help Shorewood succeed. He thought he and his team are the first people who have a proposal for how to bring something together in the Smithtown Crossing Redevelopment Area. He stated he, along with Ms. Whitrak, has assembled an incredible team which includes analytical people, international architects, international engineers, and traffic engineers that will evaluate all of the issues Shorewood faces. The team believes all of the issues can be resolved; issues such as building height, setbacks and so forth. They think them can help the City improve the beauty of the area. Mr. Benjamin stated that he believes the vision they are proposing can happen. He noted that Mattamy would be willing to sell them the property on the western edge of the MCC property for Badger Park. They could build the artificial turn field as currently proposed or they could increase the size to a full-size lacrosse field. Mr. Scheib stated Mr. Benjamin has a big vision. When Mr. Benjamin first approached his firm with his vision they were somewhat hesitant about wanting to participate. But, after listening to the passion Mr. Benjamin had for the vision and after doing their due diligence with the team he had already assembled and CITY OF SHOREWOOD WORK SESSION MEETING MINUTES May 31, 2016 Page 3 of 5 the work Mr. Benjamin had done they decided the vision has a lot of merit. He noted they reviewed the Smithtown Crossing Redevelopment Area Study and he thought a lot of what Mr. Benjamin has proposed would help bring some components of that study to fruition. He stated people understand there are alternatives and clarified they have only considered what is being proposed at a high level. He clarified the playfield can be a multi-purpose field. Maybe the playfield can be moved to the MCC site while the other elements of the park remain near the center being proposed. The team understands there would need to be amendments to the City’s Comprehensive Plan and Zoning Code in order to make the vision work. Ms. Erman explained she started working with Mr. Benjamin about 4 – 5 months ago. Her role is to help Mr. Benjamin and his team shape the vision from two perspectives. One is from being involved with the Medtronic Campus project in the City of Fridley and with the Guthrie project in Minneapolis. Both projects started with a grand vision. The other is local development perspective; she raised her children 3.5 miles up the road from City Hall. She has been a resident in the Lake Minnetonka area for 20 – 30 years. There are a cluster of communities around the Lake; all with their own personalities. The City of Wayzata had a canvas that was already filled; it was reshaped and refined. In the City of Spring Park there was the redevelopment of the area where and near the former Minnetonka Mist was located. There has been a lot of development in the City of Mound, although Mound’s location is not pivotal as Shorewood’s is. The City of Excelsior has a very given infrastructure and defined space and development, yet there has been a lot of redevelopment there. Shorewood has a canvas to work with. Mr. Benjamin has presented an initial vision that would be wonderful for part of the Smithtown Crossing Redevelopment Area. He spent a tremendous amount of time on the vision. Ms. Erman stated that this evening they are looking for a plan of partnership to move forward together. They would like to enter into a memorandum of understanding (MOU) giving a timeframe whereby the team and staff would be able to work through and explore the process together. From her perspective that is when the magic starts to happen. The best projects happen when there is collaboration with someone who has a vision that stretches people’s imaginations and others who have a perspective of what will work. Ms. Myhre noted she grew up in the area. She stated the team believes Shorewood is ripe with potential. She thought the vision Mr. Benjamin and the team arrived at is very strong. People are in the very early stages of putting a form to the vision. She also thought the project has to be done as a partnership with the City. She explained the Smithtown retail center would provide a lot of opportunity for growth and development that may be what people have a desire for in this community. Their intent is to find out what various age groups and families in the area want. They view the relocation of City Hall and the Southshore Center as a union of bringing the two purposes together and sharing the spaces. Mr. Benjamin commented they have been speaking assiduously with two major general contractors. He stated the team estimates that the overall increase in the tax base of the final product over the next 3 – 5 years would be in the range of $400 million – $600 million. That increase could go a long way toward ensuring the future of Shorewood as the mainstay of the immediate region over many decades to come. Mr. Benjamin thanked Council for its time. He offered for the team to entertain questions. Councilmember Sundberg asked Mr. Benjamin if he has had any discussions with Mattamy representatives; if so, does Mattamy have any interest. Mr. Benjamin noted his last discussion with Mattamy representatives was on May 25 or 26. They are quite prepared to negotiate with the team about what has been discussed. He does not think there would be any issue. CITY OF SHOREWOOD WORK SESSION MEETING MINUTES May 31, 2016 Page 4 of 5 Councilmember Woodruff asked how the project would be financed from a high level perspective. Mr. Benjamin explained it would be a staged project and each stage of it has been estimated to cost $40 million – $50 million. With the syndicate and investors they would be able to cope with that. It would be financed internally and with bank funding. Woodruff then asked if they would need public funds or grants. Mr. Benjamin responded they are not looking for public funding. He noted there would be discussions about tax increment financing (TIF) but he was not sure what that means. Mr. Benjamin stated the intersection near the public safety facility would become a trafficated intersection per their traffic engineers. That means fire and police could get out anytime. That building eventually would leak through to another intersection and that would eliminate the need for some other intersections or access points. Benefits like that would be achieved from the project. Councilmember Sundberg stated she thought the Smithtown Crossing Redevelopment Area needs some attention. She then stated her first reaction to the vision is she is not sure that the structures being envisioned would be a cultural fit with the community. She is not sure it would be received well by Shorewood residents. Mr. Benjamin stated the structures may not. The intent would be to work with Council and staff over the next twelve months under a MOU or development agreement to meld various ideas together and come up with one that pleases most people. Mr. Benjamin stated he does not think there would be any point in spending $700,000 on an artificial turf field in Badger Park when his team can offer a full-size multi-purpose artificial turf playfield on the MCC property. He then stated he does not foresee the greater metropolitan area building out another 100 kilometers over the next 25 to 30 or 40 years. There is an opportunity for Shorewood to consider the vision as a starting point and then refine it with his team along the way. He went on to state when he had originally told Mayor Zerby he would like to build a 12 story building, Zerby told him to go away. He came back and told Zerby that from an economic perspective they cannot build just three story buildings. Maybe they could come down to six stories or maybe five or maybe seven or a mixture of all. If there is a starting point for discussions then the economics will then guide discussions. He explained there are issues with water down at the bottom of Badger Park and in other spots in the area that greatly effect what can be done. The good thing is there is a 12-foot fall from the corner of the site to where people are now. That means a basement car park can be constructed without digging the ground out. That would be close to a $21 million benefit. The cellular tower would have to remain in place until the structure was constructed and then it would go on top of the new structure. Many issues like those have been taken into account by his team. The end result would bring the benefit of having fresh food available every day. Mayor Zerby stated he had met with Mr. Benjamin a number of times. He has been impressed with his vision which is very large. There are a lot of moving pieces with that vision. He thought Mr. Benjamin has assembled a team of experts and come up with some good illustrations. It was time Mr. Benjamin shared them with Council and it is time for Council to share their reactions. He noted that he and Council have to rely on staff to let Council know what the opportunities are and where things should go from here. Mr. Benjamin asked that Council respond by way of working with his team on a development type agreement for the next 12 months to consolidate what they are thinking and to adjust their vision with what the rest of the community wants. Mr. Benjamin again thanked Council for its time. CITY OF SHOREWOOD WORK SESSION MEETING MINUTES May 31, 2016 Page 5 of 5 Mayor Zerby thanked Mr. Benjamin and his team for sharing the vision with Council. He noted the process is a journey and not a destination. He also noted the City would be in touch with Mr. Benjamin. 3. ADJOURN Woodruff moved, Sundberg seconded, Adjourning the City Council Work Session of May 31, 2016, at 7:02 P.M. Motion passed 3/0. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder Scott Zerby, Mayor ATTEST: Jean Panchyshyn, City Clerk #2B CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS MONDAY, MAY 31, 2016 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL REGULAR MEETING Mayor Zerby called the meeting to order at 7:07 P.M. A. Roll Call Present. Mayor Zerby; Councilmembers Sundberg, and Woodruff; Associate Attorney Murphy; City Administrator Joynes; Administrative Asst Grout; Finance Director DeJong; Planning Director Nielsen; Director of Public Works Brown; and, City Engineer Hornby Absent: Councilmembers Labadie and Siakel B. Review Agenda Sundberg moved, Woodruff seconded, approving the agenda as presented. Motion passed presented. 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes of May 9, 2016 Sundberg moved, Zerby seconded, Approving the City Council Regular Meeting Minutes of May 9, 2016, as amended in Item 11.B, Page 9, Paragraph 2, Sentence 2, change “… about three months” to “… about three years”. Motion passed 2/0/1 with Woodruff abstaining due to his absence at the meeting. A. City Council Executive Session Minutes of May 9, 2016 Sundberg moved, Zerby seconded, Approving the City Council Executive Session Minutes of May 9, 2016, as presented. Motion passed 2/0/1 with Woodruff abstaining due to his absence at the meeting. 3. CONSENT AGENDA Mayor Zerby reviewed the items on the Consent Agenda. Woodruff moved, Sundberg seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolution Therein. A. Approval of the Verified Claims List B. Establishing the 2017 Budget Schedule (This item was moved to Item 10.E under General/New Business.) CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES May 31, 2016 Page 2 of 13 C. Approve Agreement between the South Lake Minnetonka Police Department and the City of Excelsior for Summer Dock and Park Patrol Services D. Adopt-A-Garden Volunteer Stipend E. Adopting RESOLUTION NO. 16-039, “A Resolution Accepting Final Improvements and Authorizing Final Payment for the Rehabilitation of a 500,000 Gallon Single Pedestal Tank Project, City Project 15-01.” F. Award Quotes for East Water Tower Cleaning G. Authorize Summer Seasonal Appointment H. Extension of Setback Variance Approval for 20920 Forest Drive Councilmember Sundberg thanked the adopt-a-garden volunteers for the incredible job they do. She sated the increased stipend does not come close to compensating them for what they do. Mayor Zerby expressed his appreciation for what the gardeners do and noted that he asked that they be invited to the appreciation event this summer. Sundberg asked if the City has used KLM Engineering before. Director Brown stated the City has used KLM as its design engineer for tank maintenance (its specialty). KLM has recently branched out into doing interior and exterior cleaning of towers. Sundberg asked Brown if he had confidence that KLM would do a quality job washing the exterior of the East Water Tower. Brown responded yes. Councilmember Woodruff asked that Item 3.B be removed from the consent agenda because he wanted to discuss the schedule for budget events. Motion passed 3/0. 4. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 5. PUBLIC HEARING 6. REPORTS AND PRESENTATIONS A. Update on Lake Minnetonka Communications Commission (LMCC) Activities by Shorewood Representative RJ Lavallee Mayor Zerby noted that RJ Lavallee, the City’s representative to the Lake Minnetonka Communications Commission (LMCC), was present to provide an update on LMCC activities. Mr. Lavallee explained that at the first LMCC Committee meeting a resolution was adopted which removed the fact that Mediacom was out of compliance with the contract. It had been out of compliance because during the move toward digital broadcasting the public access channels had been lost in certain configurations. It took Mediacom about 2.5 months to resolve that. During that meeting a budget CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES May 31, 2016 Page 3 of 13 committee was formed and he volunteered to be part of that committee. During the first budget committee meeting he attended which was about three weeks ago he realized how thin the LMCC’s budget is. The LMCC staff is doing quality work with a very limited budget. The most troubling aspect of that is the long-term sustainability of the LMCC with the current financial structure. The LMCC gets its funding from fees Mediacom cable television subscribers pay. Even though there is a lot of build out occurring in the LMCC community subscribers are dropping their subscription with Mediacom cable television at a rate of about 3 percent annually. That may accelerate in the coming years. He encouraged Council and staff to think about the viability and sustainability of the LMCC and the importance of the services the LMCC provides. He suggested people ensure that Mediacom adheres to its commitment to the buildout of its infrastructure. Mr. Lavallee informally tendered his resignation. He and his family are moving to the State of Connecticut in August. He stated he found that out three weeks after he attended his first LMCC meeting. He thanked the City for the opportunity. He noted that he will continue to attend meetings until he moves. Councilmember Woodruff explained that at least twice the LMCC hired an external auditor to determine if Mediacom was paying the LMCC as much as it what supposed to from cable subscribers’ fees. Both times it was determined that Mediacom had significantly under paid the LMCC. He asked if there has been any discussion about doing an audit again. Mr. Lavallee stated he was not aware of any discussion and noted that he would bring that up during the next meeting. Mayor Zerby expressed his appreciation for Mr. Lavallee’s service to the City and he wished him well on his new adventure. B. Request for Fourth of July Event Funding, Laura Hotvet, Chamber Director Administrator Joynes explained that each year the Excelsior-Lake Minnetonka Chamber of Commerce asks cities around Lake Minnetonka to make a financial contribution to the Fourth of July fireworks display. The City budgeted $7,500 for that in 2016. The amount is the same as what the City contributed in 2015. He noted that Chamber Executive Director Hotvet was present to make a presentation and to answer any questions Council may have. Director Hotvet showed a video recording made of people attending the 2015 Fourth of July event. Director Hotvet noted that Shorewood is one of the most generous donors to the Fourth of July event. She thanked the City for that. She explained the costs for public safety services are increasing this year and next year. The most important element of the event is to ensure public safety. The Excelsior Fire District (EFD) and the South Lake Minnetonka Police Department (SLMPD) are incurring higher costs to provide the services. The cost for EFD services went from zero in 2014 to $1,750 in 2015. The $1,750 will be doubled for 2016 to an amount of at least $3,500. The EFD was kind enough to increase its fees incrementally over a number of years. She informed the EFD Board last December that she would go before the EFD member cities to tell them that because of the increase in public safety services costs a greater effort has to be made to try and raise additional funds to cover those increasing costs. Efforts have been made to cut costs in other areas for the event. For example, the event used to include musical entertainment for a cost. For this year’s event organizers are opening up the band shelter stage to local bands for no cost to the Chamber. It also has started a kickstarter fund raising effort. She asked that the City put a link to that on its website and/or in its newsletter. She noted that because July 4 falls on a Monday this year attendance at the Fourth of July event may be higher. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES May 31, 2016 Page 4 of 13 Councilmember Sundberg asked what the other EFD member cities have agreed to donate. Director Hotvet stated this is the first council she has come before. She will go before the Tonka Bay Council next and the Excelsior Council after that. The Greenwood Council has committed an amount. All five member cities participate. Sundberg then asked if Shorewood is the largest donor of the five member cities. Sundberg stated she thought people do a fabulous job putting the event on. Director Hotvet noted the entire event is run by volunteers. She also noted that Mayor Zerby was the bingo caller for the Bingo, Beer and Burgers fireworks fund raising event put on by the Rotary Club. She then noted the event has been going on since 1888 in the Excelsior Commons in some form. It is an important community event. She went on to note that she spends 366 days a year raising funds for the event. Councilmember Woodruff stated he participated in an EFD Board discussion about the need to charge for providing public safety services at the event because the cost was significant. The costs the EFD had been incurring had basically been paid for by the five EFD member cities. He thought if Shorewood were to increase its contribution for public safety it would from his perspective be like “taking money out of one pocket and putting in another”. Mayor Zerby stated the SLMPD Coordinating Committee did discuss and approve adding funding to the SLMPD budget for the Fourth of July event for public safety services. But, when it came to approve making the donation the next year some of the SLMPD member cities would not approve it. He had tried to make the cost of providing those services part of the operating budget because it is a community event. The other member cities wanted to have say in paying for those services. Zerby noted that Minnetonka Community Education (MCE) has taken over coordination of the races on July 4. He asked if it pays a fee for the races. Director Hotvet stated MCE donates the net proceeds of the fees it collects for the races to the Chamber and the Chamber covers the entire cost for public safety services during the races. Zerby asked if the race fees are increasing commensurate with the increase in public safety costs for the races. Hotvet stated she thought a little. Zerby stated Excelsior representatives think Excelsior also contributes in non-financial ways, such as parking, that it does not earn revenue from. He noted the Chamber rents the commons for the event and he assumes that fee has increased over the years. Director Hotvet noted that rental fee went up 50 percent for 2016. Zerby noted that he supports having the event and that he has volunteered at the event many times. He has also served on the Chamber. He considers downtown Excelsior as Shorewood’s downtown. He explained that when he served on the Chamber he helped with fund raising for the event. He found that frustrating because people thought the Fourth of July event was Excelsior’s event. He noted the event is paid for through donations and it is put on by the Chamber. He also noted that he supports a $7,500 donation which is just over $1 per Shorewood resident. Councilmember Sundberg noted she supports making a $7,500 donation toward the fireworks. She stated that next year she would like to be told what the cities in the area donated in 2016. Director Hotvet stated she would like all of the cities to increase their donations a little. She asked Council to increase its donation by 25 percent. Woodruff moved, Sundberg seconded, approving a donation of $7,500 to the Lake Minnetonka Fourth of July event. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES May 31, 2016 Page 5 of 13 Mayor Zerby stated he has an idea of how to increase the donation amounts for the member cities. Maybe there would be a way for Shorewood to increase its donation for 2017 if the other cities also increase their donations. Motion passed 3/0. 7. PARKS A. Report by Ed Rock on the May 10, 2016, and May 23, 2016, Park Commission Meetings Commissioner Rock reported on matters considered and actions taken during the May 10, 2016, and May 23, 2016, Park Commission meetings (as detailed in the minutes of those meetings). Councilmember Woodruff asked if the Park Commission has received any public feedback about Commission’s recommendation to decommission the equipment in the Skate Park. Commissioner Rock responded no and noted that other Commissioners have seen very little use of the Park outside of the gardening activities the occur there. Chair Mangold stated the Commission was waiting for approval from Council before notifying the community about that and noted that the Commission has discussed it a number of times over the last two years. In response to a question from Mayor Zerby, Chair Mangold stated the Commission has discussed the need to publish an announcement and he assumes that would be placed in the newsletter after Council approves the decommissioning. The Commission does not want to put any more money into the Park. He noted someone in Chaska may want to purchase some of the equipment in the Park. Mayor Zerby explained that long ago when he was a brand new member of Council he and former Mayor Woody Love went to other cities to ask them to help fund the Skate Park. That is why it is named the South Shore Skate Park. It was a joint project of the five South Lake cities. He asked people to let the other cities know what the Commission is recommending. That was at a time when the cities were more willing to work together cooperatively. He noted the project was low cost. B. Decommission Skate Park Director Nielsen explained the Park Commission has discussed decommissioning the equipment in the Skate Park for the last two years as well as different ideas for the use of the Park. There was an informal survey of residents about their thoughts of making the Park a dog park. The reaction to that idea was lukewarm at best. The equipment in the Park is in need of repair and the Commission is worried about the safety of it. The cost to do that is about $75,000. The Commission believes that money could be better spent. He noted that is difficult to monitor the use of the Park; the understanding of the use of it is somewhat anecdotal. He also noted someone in Chaska may want to purchase the equipment in the Park. Mayor Zerby explained that when the Park was constructed the City acquired the wayside rest area. He recollects that the Minnesota Department of Transportation (MnDOT) was asked to pave the area. Because it is the City’s land he assumes the City has the authority to remove the asphalt surface. Director Nielsen explained the Commission has discussed possibly using the asphalt area for a dedicated pickle ball court. There are pickle ball opportunities in Manor Park and in Badger Park but they are not dedicated areas. Zerby explained that pickle ball is currently played on the tennis courts and to resurface them is quite costly. He asked if people would want to play pickle ball on a deteriorating roadway surface. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES May 31, 2016 Page 6 of 13 Nielsen stated there may be a need to resurface it or a sport court surface could be used there. Zerby stated he thought there was a little pitch on that old roadway; it is not flat like a tennis court. Zerby noted there will be ongoing costs if it is converted to another use. Councilmember Sundberg noted she supports decommissioning the equipment because the Skate Park is not used very much. She stated she thought there are many options for the use of the area. Councilmember Woodruff asked if Chaska has a timeframe for when it wants to acquire the equipment. Director Nielsen stated staff has not asked about that; it wanted to wait until Council approved the decommissioning. He noted that he supports decommissioning the equipment and suggested waiting until August to do so. That would allow for time to inform residents and work with Chaska. He stated that if a number of residents came to a Council meeting to express concern about decommissioning the equipment Council may want to reconsider its decision; he does not think that would happen. Nielsen noted the Commission had discussed the need to notify residents. Councilmember Sundberg expressed concern about delaying the decommissioning of the equipment if people believe the reason for doing so is because the skate board ramps are deteriorating. Councilmember Woodruff asked if the equipment is unsafe or is it becoming unsafe. Director Brown responded it is becoming unsafe. He recommended decommissioning the equipment in mid-July. Mayor Zerby clarified that he is not opposed to the Park Commission’s recommendation. He stated he wants to have a better understanding of proposed future uses and the ongoing costs of those uses. He does not think the equipment is used anywhere near as much as it used to be used; the use of skate boards has changed over time. He noted he supports decommissioning the equipment. Councilmember Sundberg stated if no one wants to buy the equipment she asked what it would cost to dispose of it. Director Brown explained staff’s time. Woodruff moved, Sundberg seconded, directing Direct Public Works to remove the existing equipment and authorize staff to dispose of it. Motion passed 3/0. C. Badger Park Hockey Rink - Removal Director Nielsen explained that for the new artificial turf playfield in Badger Park FieldTurf, the vendor selected to construct the playfield, proposes to subcut the existing field about two feet and replace it with sand, rock and the artificial turf surface. FieldTurf’s proposal includes hauling the excavated fill (more than 4,000 cubic yards) away. WSB & Associates has prepared a grading plan for the site. The plan indicates that about 80 percent of that fill could be used on site provided the hockey rink is removed. The remaining fill would be taken off site and there is a drainage project to be done near the Public Works facility that would use some of it. Using the fill on site would reduce the cost of the excavation work. Nielsen noted that staff is asking Council to direct Public Works to remove the hockey boards. He also noted the warming house does not have to be removed to proceed with the grading plan for the playfield. Mayor Zerby clarified that it is his understanding that the grading plan has not been approved yet. Director Nielsen stated the Park Commission has recommended approval of the grading plan. Zerby asked if the plan needs Council approval. Nielsen responded no. Zerby explained that he had spoken with Minnehaha Creek Watershed District (MCWD) representatives earlier in the day and was told that based on what they had seen it would trigger the erosion control permit CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES May 31, 2016 Page 7 of 13 process. The MCWD has not received the permit application yet. Director Nielsen explained the permit application would be submitted this week. Tomorrow a purchase order would be sent to FieldTurf which in turn generates a contract back to the City. Once FieldTurf receives the purchase order it will begin work on the carpet for the playfield. The final grading plan will be submitted to the MCWD for the permit. Engineer Hornby explained an erosion control plan, a Storm Water Pollution Prevention Program (SWPPP) document and a specification will have to be submitted to the MCWD. The earliest that would be submitted would be the end of this week and more likely the beginning of the next week. Hornby noted that once the permit application is submitted the MCWD has a 14-day public notice period; he does not agree with the MCWD’s assessment. A hydrologic model will have to be prepared to show the City is going to reduce the runoff rate. Zerby explained that according to the MCWD’s website information in order to meet its runoff rule the site needs to be designed with a minimum of six inches of sand above the drain tile that could hold at least two inches of runoff. Zerby stated that because the MCWD has determined a 14-day public notice period is required that means the earliest the work on the playfield can be started is the third week of June. Usually the MCWD does not approve a permit application the first time it is received; it usually requests modifications. Hornby stated in all reality the City would not receive the permit until the end of June. Engineer Hornby explained that he does agree with the MCWD about the stormwater rule applying to this project. There will be 24 inches of sand put down with 18 inches of it being above the drain tile. That is more for stability and reduction of subsidence or uneven settling of material. Mayor Zerby asked if there is drain tile in there. Hornby responded yes. Councilmember Woodruff asked if removing the hockey rink boards means there will be no hockey at Badger Park this coming winter. Director Nielsen confirmed that. Woodruff stated it was his understanding that the Park Commission has been discussing having a free ice skating area in Freeman Park. Nielsen stated that conversation started with moving hockey over to Freeman Park. That has not been worked out as of yet. Woodruff commented that the Badger Park plan has always assumed the removal of the hockey rink. Mayor Zerby asked if there is a need for a warming house after the hockey rink is removed. Director Nielsen stated sometimes that building is used during the summer months for some of the activities held in Badger Park. Woodruff moved, Sundberg seconded, directing Direct Public Works to dismantle the hockey rink in advance of field grading in Badger Park. Mayor Zerby stated if there is a need to have a contractor remove the hockey rink boards he asked if that would come back before Council for approval. Director Nielsen stated staff would let Council know. Motion passed 3/0. 8. PLANNING 9. ENGINEERING/PUBLIC WORKS A. Professional Services Proposal for Galpin Lake Road Trail Grant Engineer Hornby explained the Metropolitan (Met) Council is soliciting applications for regional transportation improvements that include pedestrian facilities. The proposed Galpin Lake Road trail segment would best fit under the pedestrian facilities subcategory. Potential projects are scored on seven CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES May 31, 2016 Page 8 of 13 different categories. The category that would provide the best opportunity to secure some funding would be risk assessment. Under that subcategory the City could be eligible for up to $1 million in grant funds. Generally on federal grant funds the match is a minimum of 20 percent. The City would have to commit to that as part of the grant application process. The project had been bid out in 2014 and the lowest bid was about $1.3 million. For projects to be cost effective for this type of grant a project should have at least a $450,000 construction value. This trail project would satisfy. He noted that he has spoken with the City of Chanhassen. Although Chanhassen is not interested in being part of a federal grant process it is interested in being part of the project. An agreement would have to be worked out with Chanhassen. He then noted the meeting packet contains a copy of a proposal from WSB & Associates for providing professional engineering and planning services to prepare a Regional Solicitation funding application for the construction of the trail for an amount of $8,500. It is a technical proposal and therefore it would not be appropriate for City staff to try and do that. Staff recommends Council accept the proposal if it wants to move forward with the trail project. Councilmember Woodruff stated he thought the construction of this trail segment is important to do and he is optimistic about the City’s chance to receive funding. He had been surprised when the construction bid came in so high. He noted that he would like to see the project get done. He stated making an investment of $8,500 to prepare the application is worthwhile. He noted that he thought the City could come up with the 20 percent in matching funds. He recommended the City move forward with the grant application. Mayor Zerby stated he thought the Galpin Lake Road trail segment is a very important component of the City’s Trail Implementation Plan. He expressed optimism about the City’s chance of securing grant funding. It is a very busy roadway. He stated people cross Highway 7 unprotected in that area; that is frightening. Councilmember Sundberg stated the proposal indicates the application preparation process would begin in May yet it is the end of May. She asked if WSB would be able to prepare the application in two months. Engineer Hornby stated he had spoken with WSB’s transportation planner who indicated that would not be a problem. Woodruff moved, Zerby seconded, accepting the professional services proposal from WSB & Associates to prepare a 2016 Regional Solicitation Grant Application and Supporting Documentation for Galpin Lake Road Trail Improvements for an amount not to exceed $8,500. Motion passed 3/0. B. Professional Services Proposal for Tree Inventory and Management Plan from S&S Tree and Horticultural Specialists, Inc. Engineer Hornby stated the meeting packet included a copy of a professional services agreement from S&S Tree and Horticultural Specialists, Inc. to complete the tree inventory on public property and to prepare a tree management plan. The City solicited that proposal. He explained Council approved a general services contract with S&S during its March 14, 2016, meeting to make it the City’s urban forestry consultant. He explained that about 80 percent of the tree inventory has been completed by City staff. The tree management plan is for public land and private land. That would help the City develop policy to deal with urban forest issues. The cost to complete the tree inventory is $3,200. The cost to prepare the tree management plan is $13,715. The total cost of the proposal is $16,915. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES May 31, 2016 Page 9 of 13 Hornby noted Ms. Gail Nozal with S&S was present to answer any questions Council may have about the proposal. Mayor Zerby noted that during the February 8, 2016, Council and staff retreat there was discussion about the 2016 Operating Budget including $40,000 for urban forestry services. He stated he views the current proposal as a statement of scope of work. He explained Council and staff had discussed the possibility of residents using services S&S provides either through the City or directly. He asked if creating that policy would be part of the deliverable. Engineer Hornby stated it would be a byproduct of it. Councilmember Woodruff stated he thought the costs and the statement of work proposed were reasonable. But, there was no schedule for when the work would be completed included in the proposal. He asked that the tree management plan be completed to the extent needed to estimate costs for services during 2017 by the time Council and staff begin to discuss the 2017 General Fund Budget. Engineer Hornby stated staff would work with S&S to establish a budget line item. Ms. Nozal stated the completing the tree inventory should take about five business days. The preparation of the tree management plan should take approximately 30 – 45 days depending on what components of other communities plans could be used and refined. Sundberg moved, Woodruff seconded, accepting the professional services proposal from S&S Tree and Horticultural Specialists, Inc., to complete the tree inventory on public properties and to prepare a tree management plan for an estimated amount of $16,915. Motion passed 3/0. 10. GENERAL/NEW BUSINESS A. Accepting Credit Card Payments for Permits Director DeJong explained that during the February 8, 2016, Council and staff retreat there was discussion about using the existing RevTrak system to accept credit card payments for minor building permit fees, fixed fees and license fees for an amount up to $300. If the City were to accept credit payments for higher permit fees it would result in a noticeable loss of revenue. In 2015 those permits over $300 totaled $210,460; the average permit fee was about $2,000. DeJong stated staff is asking Council to authorize the expansion of credit cards payments for minor building permit fees, fixed fees and license fees for an amount up to $300. Councilmember Woodruff stated he thought limiting the amount of the credit card transactions is a fiscally responsible thing to do. He stated if the City would have to refund a transaction he thought the City absorbs the cost of the credit card fee, noting he thought the total amount would be well under $100 annually. Director DeJong confirmed that. Woodruff moved, Sundberg seconded, authorizing the use of the existing RevTrak system for credit card payments for minor permit and license fees up to a $ 300 maximum. Motion passed 3/0. B. Goose Management – Christmas Lake Director Nielsen explained the Christmas Lake Homeowners Association (CLHA) has been working with the Minnesota Department of Natural Resources (DNR) over the last 10 years about a goose management CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES May 31, 2016 Page 10 of 13 (removal) program on Christmas Lake. The CLHA believes the program has been relatively effective in keeping the goose population down on the Lake. The DNR recently changed its policy and it now requires that those types of management programs be approved by the local unit of government. Staff recommends Council approve the program. He noted the CLHA pays for the program entirely. Woodruff moved, Sundberg seconded, directing staff to inform the Minnesota Department of Natural Resources that the City approves the Christmas Lake Homeowner’s Association goose management plan for Christmas Lake. Motion passed 3/0. C. Revised Tax Increment Financing Schedule and Call for Hearing Administrator Joynes explained that over the past several months Council and staff have been discussing establishing a Tax Increment Financing (TIF) District for Oppidan Investment Company’s Proposed senior housing project. Doing that is somewhat of a complicated process that requires a series of notifications and approvals by the City Council and the Shorewood Economic Development Authority (EDA). The meeting packet includes a schedule of events prepared by Springsted which complies with State statutes requirements for establishing a TIF District. He noted that this evening he is asking Council to adopt the resolution found at the dais this evening calling for a public hearing that essentially establishes a public hearing date of July 14, 2016, to approve a number of items that are required under the schedule of events. He explained that over the approximate next 1.5 months staff will work with Oppidan to develop a final recommendation of a TIF plan. They will discuss what the appropriate amount of Oppidan’s request for TIF should be per State statutes. On June 13 Council will discuss the draft TIF Plan and decide if it wants to submit the Plan to Hennepin County and the Minnetonka School District. He noted that Director Nielsen will bring forward the Planning Commission’s recommendations regarding land use. Joynes reiterated that this evening Council is being asked to establish a public hearing for July 14, 2016. Mayor Zerby stated he assumes the notification process is also via publication in the City’s official newspaper. Administrator Joynes confirmed that and stated the schedule of events relates to the legal side of the process. Per State statues there are a number of deadlines that must be adhered to. Woodruff moved, Zerby seconded, Adopting RESOLUTION NO. 16-040, “A Resolution Calling For a Public Hearing on July 14, 2016, on the Proposed Adoption of a Redevelopment Plan for a Redevelopment Project Area, the Proposed Establishment of a Tax Increment Financing District and the Proposed Adoption of a Tax Increment Financing Plan Relating Thereto Oppidan Investment Company’s Proposed Senior Housing Project”. Councilmember Woodruff noted the Resolution does not mention Oppidan Investment Company and he thought it should. He suggested adding “(Oppidan Proposed Senior Housing Project)” under the title of the Resolution. Without objection by the maker or seconded, the motion was amended to add “(Oppidan Proposed Senior Housing Project)” under the title of the Resolution. Motion passed 3/0. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES May 31, 2016 Page 11 of 13 D. Update on City Administrator Search Administrator Joynes stated the City opened the application process for the city administrator search and to date it has received 13 applications. He noted the application submission process closes on June 10, 2016. After the submission process closes staff will begin doing the initial vetting. Mayor Zerby stated he thought the City has received a reasonable number of applications. Administrator Joynes stated the number is good but he was not necessarily pleased with the qualifications of the applicants. He thought that over the next 10 days the City would receive applications from individuals he thought would apply for the job. E. Establishing the 2017 Budget Schedule This item was removed from the consent agenda at Councilmember Woodruff’s request. Councilmember Woodruff explained the proposed 2017 General Fund Budget and 2017 – 2026 Capital Improvement Program (CIP) schedule reflects that discussion about the 2017 General Fund Budget begins on July 11 and on September 12 Council will be asked to approve the preliminary 2017 Budget and set the maximum tax levy and authorize that the tax levy be certified with Hennepin County. The proposed schedule reflects the 2017 – 2026 CIP will first be discussed on October 10. He noted that he thought that is too late. He stated he wants Council to know if there are any extraordinary capital items that need to be allocated for in the 2017 General Fund Budget before the maximum 2017 tax levy is certified with the County. He expressed concern that if Council waits until after the certification to first discuss the 2017 CIP there may not be an opportunity to including funding for some capital items in the General Fund Budget and noted he had expressed the same concern in previous years. He stated if staff can find a way to identify capital projects prior to certifying the levy without changing the schedule then he is fine with the schedule. Otherwise, he would like the schedule to be changed. Administrator Joynes noted it would be staff’s intent to do that. Woodruff moved, Zerby seconded, Adopting RESOLUTION NO. 16-038, “A Resolution Establishing the 2017 Budget Schedule” subject to staff ensuring that any capital items impacting the 2017 General Fund Budget being identified before Council approves the preliminary 2017 General Fund Budget and sets the 2017 maximum tax levy. Motion passed 3/0. 11. STAFF AND COUNCIL REPORTS A. Administrator and Staff 1. Trail Schedule Mayor Zerby noted the meeting packet contains a copy of the Trail Schedule. Engineer Hornby explained that the contractor is making a lot of progress on the Smithtown Road east sidewalk extension project. There is one segment of the storm sewer left to construct and that should be completed by the end of the week providing the weather cooperates. Staff has been dealing with a utility issue for quite some time and that has potential to delay the contractor. He anticipates the City will receive a claim for delay by contractor; the compensation for delay is time not money. It is very likely the contractor will ask for additional time based on the timing of the relocations of some power poles. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES May 31, 2016 Page 12 of 13 Mayor Zerby noted that he saw an Xcel Energy truck located next to a power pole along Smithtown Road and it has been there for a few days. Engineer Hornby explained that truck holds the pole while the storm sewer is constructed past the pole. The truck is then moved next to the next power pole and storm sewer construction advances. Engineer Hornby noted that Xcel Energy has indicated that it would have people on site to start the relocation of the power poles the week of June 13. Xcel is trying to coordinate that with companies with other utilities on some of the power poles that have to be relocated. Director Brown stated often times the holdup is not Xcel; it is the other utility service providers with equipment on the poles. Mayor Zerby asked if the utilities along Eureka Road have been dealt with. Engineer Hornby responded the crossing is in and the utilities have been relocated. Zerby stated he has received complaints from residents about the surface of Eureka Road near there. Engineer Hornby stated the contractor will be asked to touch up the roadway surface. 2. Monthly Budget Report Mayor Zerby noted the meeting packet contains a copy of the April 2016 Monthly Budget Report. 3. Wellhead Protection Implementation Grant Director Brown explained the City received a $9,000 grant from the Minnesota Department of Natural Resources to assist the City with the identification of wells that should be abandoned as part of the City’s implementation of the Wellhead Protection Plan Part 2. Other Director Brown stated the May 21, 2016, spring clean-up event went very well. There was great resident participation. He thought more materials were collected at Public Works than in the past. He noted the financial recap of costs and revenues will provided to Council for its next meeting. Mayor Zerby stated he did not bring any materials to the Public Works site but he did take advantage of the shredding event in the City Hall parking lot. He thought the shredding event was well organized and well run. He noted he saw cars lined up at Public Works most of the day. Councilmember Sundberg stated she brought a car full of stuff to Public Works. Getting rid of the stuff was very easy; it was well done. Director Brown recognized that the Communications Coordinator Moore and her husband do a lot of behind the scenes work for the shredding event. Mr. Moore has helped with the shredding event for the few years it has been held. He noted that more than 10,000 pounds of paper were brought for shredding. Mayor Zerby stated the City-owned lot off of Smithtown Road is getting a little unkempt; the grass is getting a little long. Engineer Hornby explained some new project pages have been put on the City’s Facebook page and on its website. That is something new this year. They will allow residents to keep abreast of engineering projects. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES May 31, 2016 Page 13 of 13 Hornby explained Country Club Road will be closed starting June 7. A portion of the Metropolitan Council Environments Services (MCES) sewer line has to be realigned because of the Minnetonka Country Club (MCC) development project. That closure should take 5 – 7 days. After that a portion of Yellowstone Trail will have to be closed to do a similar amount of work and to reconstruct a sewer line under that roadway that will connect into the MCES sewer line. The developer has submitted a proposal for a detour map that staff will have to approve. Director DeJong stated the audit field work has been completed. He has a punch list of items that needs to be wrapped up with the auditor; that will be done this week. He then stated the Office of the State Auditor has notified the City that it needs to update its performance measures program submission. He will have that come before Council in June. Mayor Zerby stated that one of Director Nielsen’s favorite local musicians, Shalo Lee, will perform at the Music in the Park event in Badger Park on June 10, 6:00 – 8:00 P.M. Nielsen commented that it was worth people’s time to be there. Zerby stated she also performs at the Narrows Saloon in Navarre/Orono. B. Mayor and City Council Mayor Zerby explained he attended a South Lake Minnetonka Police Department (SLMPD) Coordinating Committee meeting the previous week. The discussion was mostly about the funding formula in the joint powers agreement (JPA). Each of the Committee members had a different idea. Tonka Bay Mayor De La Vega stated he thought the formula should be based on per capita meaning the same amount would be paid for each resident throughout the SLMPD service area. Greenwood Mayor Kind suggested removing the arbitration component of the formula; that would result in a considerable increase for Shorewood. He brought a proposal forward to go with a weighted voting system; it was supported by Excelsior Mayor Gaylord. With a weighted voting system there would be five votes for four cities and Shorewood would retain two of the five votes. That would mean that it would take Shorewood and one other SLMPD member city to approve the budget and other matters. It would be a simple majority vote for all things other than amendments to the JPA. The amendments would require approval by all four cities. He reinforced to the Committee that his request was being proposed because of changing dynamics and Shorewood wanted to have a little more weight in decision making because Shorewood pays for a very significant portion of the funding. That may help facilitate a formula change in the future. He thought the other Mayors were willing to solicit feedback about weighted voting from their respective councils. He viewed the discussion as progress being made. 12. ADJOURN Sundberg moved, Woodruff seconded, Adjourning the City Council Regular Meeting of May 31, 2016, at 8:30 P.M. Motion passed 3/0. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder ATTEST: Scott Zerby, Mayor Jean Panchyshyn, City Clerk #3A MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title / Subject: Verified Claims Meeting Date: June 13, 2016 Prepared by: Michelle Nguyen, Senior Accountant Bruce DeJong, Finance Director Attachments: Claims lists Policy Consideration: Should the attached claims against the City of Shorewood be paid? Background: Claims for council authorization. 62590 - 62592 & ACH 26,406.43 Pending Checks 62593 - 62632 & ACH 115,451.35 Total Claims $141,857.78 We have also included a payroll summary for the payroll period ending May 29, 2016. Financial or Budget Considerations: These expenditures are reasonable and necessary to provide services to our residents an budgeted and available for these purposes. Options: The City Council is may accept the staff recommendation to pay these claims or may r expenditure it deems not in the best interest of the city. Recommendation / Action Requested: Staff recommends approval of the claims list as presented. 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D/!*$?"*E$.&"*D/!*$?"*E$.*#1/F"/!D/!*$?"*E$ !" %<+,*-$.*"&/)$O7898:6;7$<$;;26=$3P%&4*$;=  !"#$%&' !"()*+%,$-* 6G8>68:6;7Q&5$3&/!";6;<>:<I:G6<6666$IICH9I ?!@$:;>G7;$K"&)$$IICH9I $6$K"&)2$:L;I:H>G $:L;I:H>G ?/I"1"M5"5:3993A"R"78#7"4#";,*)=> ?.."1"W39"3#3A6GU"4#P"9<-"4*%"+ ,$-*" $7:7>:678;>8:6;7 ?!@M"E"aG6>69;9G7 D/!*$?"*E$.&"*D/!*$?"*E$.*#1/F"/!D/!*$?"*E$ !" 6G8:=8:6;7G=66$+ !"'$Q5$;9$<$6I8:I8;7<6G8:78;7;6;<>:<I>99<6666$>>H;I 6G8:=8:6;7G=66$+ !"'$Q5$;9$<$0!/"$D/4,"<6I8:=8;7<6G8:78;7;6;<>:<I>99<6666$;GCHC= ?!@$M"E"aG6>69;9G7$K"&)$$;9:H6; $7:7>:$K"&)2$;9:H6; $;9:H6; ?.."1"W39"3#3A6GU"4#P";,*)=> ?.?"1"\43693A"4#"9<-"4*%"+ ,$-*" $6678;>8:6;7 ?!@%+66;=C6=9G D/!*$?"*E$.&"*D/!*$?"*E$.*#1/F"/!D/!*$?"*E$ !" 6G8:=8:6;7+ ""*1'$[54*#;6;<>><I:IG<6666$=I:H6C ?!@$%+66;=C6=9G$K"&)$$=I:H6C $6$K"&)2$=I:H6C $=I:H6C ?.?"1"\43693A"4#";,*)=> K"&)2$;;GLIG;H>G %<+,*-$.*"&/)$O7898:6;7$<$;;26=$3P%&4*$;C #3B MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title / Subject: Resolution Appointing Election Judges for the 2016 Election and Establishing an Absentee Ballot Board Meeting Date: June 13, 2016 Prepared by: Jean Panchyshyn, City Clerk Attachments: Resolution Policy Consideration: MN Statute 204B.21, Subd. 2 states that election judges for precincts in a municipality shall be appointed by the governing body of the municipality; and MN Statute 203B.121 requires the establishment of an Absentee Ballot Board for processing absentee ballots. Background: Several individuals have expressed their desire to serve as an Election Judge for the 2016 Elections. Occasionally, Elections Judges are not able to work due to unforeseen circumstances. When this occurs, replacement judges are sought out and asked to fill in. There will be 6-10 Election judges working in the polling place, with the exception of Precinct 1 located on the Island, which has 3-4 election judges. Some of the judges work all day and many work half the day. The attached resolution approves the list of Election Judges who are available to officiate at the Primary Election on August 9, 2016 and/or the General Election on November 8, 2016, and provides the City Clerk the authority to assign additional individuals to serve as an Election Judge, if needed. Each municipality is required to establish an Absentee Ballot Board for both the Primary and General Elections for the purpose of processing the absentee ballots pursuant to Minnesota State Statute 203B.121. Walk-in absentee ballots for all precincts will be processed at City Hall; it is anticipated that two elections judges may be selected to serve as the Absentee Ballot Board at city hall. Mailed ballots will be processed by Hennepin County. Hennepin County also processes military and overseas absentee ballots. County-appointed absentee ballot board members must be appointed by Council to serve as members of the city’s Absentee Ballot Board. The attached resolution makes these appointments. Financial or Budget Considerations: The 2016 Budget includes $11,500 for Election Judge services. Recommendation / Action Requested: Approval of the attached Resolution appointing Election Judges for the 2016 Elections and Establishing an Absentee Ballot Board. Next Steps and Timelines: Election Judges will receive training on the new e-poll books the latter half of June, and Regular training in July in preparation for serving at the 2016 Primary and General Elections. Connection to Vision / Mission: This action provides quality public services. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 CITY OF SHOREWOOD RESOLUTION NO. 16-_____ A RESOLUTION APPOINTING 2016 PRIMARY AND GENERAL ELECTION JUDGES AND ESTABLISHING AN ABSENTEE BALLOT BOARD WHEREAS , the City Clerk has submitted for approval a list of individuals who have agreed to serve as Election Judges at the Primary Election on August 9, 2016, and/or the General Election on November 8, 2016; and WHEREAS , the City Clerk has the authority to add additional Election Judges, if needed, to conduct the 2016 Primary and General Elections; and WHEREAS, Shorewood City Hall serves as an Absentee Ballot Center for the residents of Shorewood; and WHEREAS, pursuant toState Statute Section 203B.121, as amended, an Absentee Ballot Board must be established by the City Council to facilitate the absentee process for the upcoming elections; and WHEREAS , the City Council also appoints other individuals and all members appointed to the Hennepin County Absentee Ballot Board as authorized under Minn. Stat. 204B.21, subd. 2 under the direction of the Election Manager to serve as members of the Shorewood Absentee Ballot Board; NOW, THEREFORE BE IT RESOLVED the Shorewood City Council hereby approves the following list of election judges to officiate at the 2016 Primary and General Elections: Alia Arellanes Marianne Kilker William O'Neill Dianne Aslesen Amy Kvalseth Ryan Oppegaard Jim Berdahl Carla LaBore Carol Paulsen Lois Berg Karen Lane Susan Paulson Ellen Bock Audrey Larson Karen Petron Karen Boynton Shirley Leebens Jack Raby Tena Brandhorst Doug Legault Jean Raby Jerry Brecke Gordon Levack Jim Recktenwald Marlys Bucher Sarah Lien Laurie Sacchet Kevin Conley Sandra Louis Nathan Schilling Laurel Costello Elaine Love Joanne Schmid Charlie Cowan Jill Majestic Thomas Schneider Catherine DeMars Roxanne Martin Lori Schuenke Robert Donaldson Sabina Marty Phyllis Skinner John Eggenberger Michael McDonald Virgil Smeltzer William Erickson Pamela McDonald Barb Spannaus Marilyn Gagne Heather Mulhern Jane Stein Veronica Grover Chuck Niles Peter Wattson Patricia Hauser Miechelle Norman Sherry White Katie Kamrowski Kerry Noyes Anne Zack James Kendrick Luanne O'Neill BE IT FURTHER RESOLVED the Shorewood City Council hereby directs the City Clerk may appoint at least two election judges of different political parties to serve as the Absentee Ballot Board as required in State Statute Section 203B.121, as amended. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 13th day of June, 2016. ________________________________ Scott Zerby, Mayor ATTEST: ___________________________________ Jean Panchyshyn, City Clerk #3C MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title / Subject: Excelsior Firefighters Relief Association Fundraising Event-Friday, July 15, 2016 Meeting Date: June 13, 2016 Prepared by: Bill Joynes, City Administrator Jean Panchyshyn, City Clerk CC: Brad Nielsen, Larry Brown Attachments: Resolution, Special Event Permit Application Background: The Excelsior Firefighters Relief Association (EFRA) is requesting consideration of a temporary liquor license for its annual fundraising dance event at the Fire Station located at 24100 Smithtown Road on Friday, July 15. The event will take place between the hours of 4:00 P.M. and midnight. This will be the 32nd year that the EFRA has held this fundraising event. This will be the 12th year this event has been held at the Fire Station at 24100 Smithtown Road. It is the EFRA’s only fundraising event, and has historically been profitable. The EFRA is requesting the temporary liquor license fee be waived as the City is a member of the Excelsior Fire District. The $25 license fee has been waived in past years. Prior to the event, the individuals serving alcohol will be attending an alcohol awareness training session provided by the South Lake Minnetonka Police Department. As all required liquor license documents have been submitted, a resolution is attached for Council consideration. The applicant has also submitted a Special Event Permit application. The applicant proposes to provide shuttle service to the site from downtown Excelsior. Parking is also available at Shorewood City Hall and the Southshore Center parking lots. On-street parking will not be allowed on Echo Road, Shorewood Lane or Minnetonka Drive. The Special Event permit has been reviewed by the City’s Administrator and Planning /Zoning Director, the EFD Fire Chief, and the SLMPD. As in past years, the EFRA will coordinate additional law enforcement needs with the SLMPD. A copy of the Special Event Permit application is attached for Council’s approval per the conditional use permit for the property. Recommendation / Action Requested: A Motion to Adopt a Resolution Approving the Temporary On-Sale Liquor License and a motion approving the Special Event Permit. Next Steps: The Application for a Temporary On-Sale Liquor License will be mailed to the State Alcohol and Gambling Enforcement Division for its approval. The Temporary Liquor License and Special Event Permit will be provided to the EFRA after all approvals have been met. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 CITY OF SHOREWOOD RESOLUTION NO. 16-_____ A RESOLUTION APPROVING A TEMPORARY “ON-SALE” LIQUOR LICENSE WHEREAS, the Shorewood City Code, Section 402 provides for the licensing of the sale of liquor in the City; and WHEREAS, said Code provides that an applicant shall complete an application, and shall fulfill certain requirements concerning insurance coverage, and; WHEREAS, the applicant has satisfactorily completed an application, and has fulfilled the requirements for the issuance of an “on-sale” temporary liquor license; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: That a temporary license for "on-sale" liquor be issued to the Excelsior Fire Fighters Relief Association, for its fundraising event on July 15, 2016 from 4:00 P.M. to Midnight, at 24100 Smithtown Road. This license is approved for 3.2 Percent Malt Liquor and Intoxicating Liquor. BE IT FURTHER RESOLVED by the City Council of the City of Shorewood that the Temporary liquor license fee be waived. ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 13th day of June, 2016. ______________________ ATTEST: Scott Zerby, Mayor ____________________________ Jean Panchyshyn, City Clerk Today's Date SPECIAL, EVENT CITY OF PERMIT APPLICATION SO%OOI] (Pursuant to Ciy tae, Chavpter 505) 5755 Country Club Road •Shorewood, Minnesota 553 1 E HWE 952.960.7900 Fax: 952.474.0128 (Please Print or Type) q-1 --/ ('11W O Application Fee: n/a Receipt # n /a...,,.. Event to be Registered: Any person or persons sponsoring a event at which it may reasonably be anticipated that there will be more than 75 persons in attendance shall, prior thereto, register such event with the City Clerk, giving the location, date, time, purpose, names of all sponsors, and the number of persons anticipated will be in attendance. Permit for Additional Events: Within a period of 6 months following such event, no additional event(s), at which it may reasonably be anticipated that there will be more than 75 persons in attendance, shall be permitted at the same location unless the person or persons who propose to sponsor the same shall first have obtained a special permit therefore approved by the City Council. Application for such permit shall be made to the City Clerk. Event Location: d L( 100 , jy\ i ccav\,. Date of Event: Number of Persons (anticipated) to Attend: V00 ~ AC 06) Time: le, Ge o r t3 ~ Purpose 0t4 u,,,,1 (% r.%n�✓,�� w � Sponsor's Name(s) e".n�G Ise,, �r'.�# o�c �i 1�✓f 12_ t / ,e_-( A, Seelz - i -y &i411_- I. V Daytime Phone #: Evening Phone #; _ Special Parking or Safety Provisions (e.g., traffic control, parking, pedestrian access):, Enforcement: A police officer may order all persons present in any such group or gathering from which such noise emanates, other than the owners or tenants of a dwelling unit, to immediately disperse from said event in lieu of being charged under this Chapter should the continued health, safety, comfort, and repose of the public be in jeopardy, or ifthe event is in violation of the provisions of Chapter 501 of the Shorewood City Code. Failure to comply with the conditions of the Special Events Permit may result in police enforcement. ROADWAYMUSTREMAINPASSABLE FOR EMERGENCY VEHICLE s! Applicant's Signature: L.,� ,��z_ �,.icab� °,zd °fey Date:�� Allow 5 business days for processing For Office Use Only SLMPD: Fire District: Zoning Administrator: City Administrator: Date: Date: Date: Date: Original: City of Shorewood, 5755 Country Club Road, Shorewood, MN 55331 Copy to: South Lake Minnetonka Police Department, Fire District, Applicant ITSTM Me 1) Handi-cap parking on site (east side of station) 2) Limited near site parking (shwd p.w. lot and city hall lot) 3) Buses from Garys First Class Car Care (use east and west lots) 4) Southlake P.D. on site #8B MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title / Subject: Minnetonka Country Club – Final Plat and Final Plan Meeting Date: 13 June 2016 Prepared by: Brad Nielsen Reviewed by: Patti Helgesen Attachments: Resolution Approving Final Plat Draft Ordinance Approving Final Plan and Rezoning (Includes Development Agreement) City Engineer Recommendations Policy Consideration: Should the City approve the final plat and final plan for the Minnetonka Country Club PUD proposed by Mattamy Homes? Background: Mattamy has submitted its final plat and final plan for its proposed redevelopment of the Minnetonka Country Club property. Staff has prepared a resolution approving the final plat, and an ordinance approving the rezoning to PUD District, including the development agreement for the PUD. In addition, the City Engineer’s recommendations are attached for your consideration. Financial or Budget Considerations: Prior to release of the final plat/plan, the Developer will pay $730,000 in water connection fees, $780,000 for park dedication, and $87,600 for local sanitary sewer access charges. In addition, the Developer must provide letters of credit or cash escrows to cover the installation of improvements and landscaping. Options: Approve the final plat and final plan; modify the final plat and final plan; or deny the final plat and final plan. Recommendation / Action Requested: Staff recommends approval of the final plat and final plan. Next Steps and Timelines: The Developer must record the final plat and final plan by 29 July 2016. Connection to Vision / Mission: Attractive amenities, sustainable tax base, sound financial management. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 CITY OF SHOREWOOD RESOLUTION NO. ________ A RESOLUTION APPROVING THE FINAL PLAT OF MINNETONKA COUNTRY CLUB (PUD) WHEREAS , the final plat of the Minnetonka Country Club (PUD) has been submitted in the manner required for the platting of land under the Shorewood City Code and under Chapter 462 of Minnesota Statues, and all proceedings have been duly had thereunder; and WHEREAS , the final plan for the PUD has been submitted, pursuant to Section 1201.25 of the City Code; and WHEREAS , the final plan is consistent with the concept and development stage plans previously approved for the project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. The plat of Minnetonka Country Club is hereby approved. 2. The approval is specifically conditioned upon the terms and conditions contained in the Planned Unit Development Agreement for the Minnetonka Country Club PUD, as set forth in Shorewood Ordinance No.________. 3. The Mayor and City Clerk are hereby authorized to execute the Certificate of Approval for the plat and the Planned Unit Development Agreement on behalf of the City Council. 4. The final plat, together with this Resolution, the Planned Unit Development Agreement, and the Declaration of Covenants, Conditions and Restrictions of Minnetonka Country Club, shall be filed and recorded within thirty (30) days of the date of certification of this Resolution. BE IT FURTHER RESOLVED that the execution of the Certificate upon said plat by the Mayor and City Clerk shall be conclusive, showing a proper compliance therewith by the subdivider and City officials and shall entitle such plat to be placed on record forthwith without further formality, all in compliance with Minnesota Statutes and the Shorewood City Code. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 13th day of June 2016. _____________________________________ Scott Zerby, Mayor ATTEST: ______________________________________ Jean Panchyshyn, City Clerk CITY OF SHOREWOOD ORDINANCE NO. ______ AN ORDINANCE AMENDING SECTION 1201.09 SUBD. 2. OF THE SHOREWOOD ZONING CODE – THE SHOREWOOD ZONING MAP (MINNETONKA COUNTRY CLUB PUD) Section 1. Section 1201.09 Subd. 2. of the Shorewood City Code is hereby amended to include the property described in Attachment I, attached hereto and incorporated herein, in the PUD., Planned Unit Development zoning district. Section 2. This rezoning is subject to the conditions of the Development Agreement between the Developer, its successors and assigns, and the City of Shorewood, dated 13 June 2016, attached hereto as Attachment II and incorporated herein. Section 3. Failure of the Developer, its successors and assigns to comply with the Development Agreement referenced in Section 2. shall result in the zoning of the property reverting back to R-1A, Single-family Residential. Section 4. That the Zoning Administrator is hereby authorized to revise the Zoning Map of the City of Shorewood to include the property in the PUD., Planned Unit Development zoning district. Section 5. That this Ordinance shall be in full force and effect upon publishing in the Official Newspapers of the City of Shorewood. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 13th day of June 2016. SCOTT ZERBY, MAYOR ATTEST: JEAN PANCHYSHYN, CITY CLERK (Insert Attachment I – Legal Description) CITY OF SHOREWOOD DEVELOPMENT AGREEMENT MINNETONKA COUNTRY CLUB PLANNED UNIT DEVELOPMENT THIS AGREEMENT , made this ____ day of ______________, 2016, by and between CITY OF SHOREWOOD the , a Minnesota municipal corporation, hereinafter referred to as the MATTAMY MINNEAPOLIS LLC "City", and , a Delaware limited liability company, hereinafter referred to as the "Developer," setting forth the rights and obligations of the parties relating to the Minnetonka Country Club (the "Project"). RECITALS 1. The Developer has an interest in certain lands legally described in Exhibit A, attached hereto and made a part hereof, which lands are hereinafter referred to as the "Subject Property"; and 2. The Developer proposes to develop the Subject Property by means of a Planned Unit Development ("PUD") consisting of 142 single family residential lots and 15 outlots; and 3. The Developer made application to the City for a PUD and submitted a Concept Plan for the Subject Property, which was considered by the Planning Commission at its meeting of 18 August 2015; and 4. Upon recommendation of the Planning Commission, the City Council, at its 9 October 2015 meeting, did consider and grant Concept Plan approval as set forth in Resolution No. 15-073, attached hereto and incorporated herein as Exhibit B; and 5. The Developer submitted a Development Stage Plan for the property, which was considered by the Planning Commission at its meeting of 16 February 2016; and 6. Upon recommendation of the Planning Commission, the City Council, at its 22 February 2016 meeting, did consider and grant Development Stage Plan approval as set forth in Resolution No. 16-013 attached hereto and incorporated herein as Exhibit C; and 7.) The Developer filed with the City the Final Plat for Phase I of "Minnetonka County Club", a copy of which plat is attached hereto and incorporated herein as Exhibits D-1, D- 2 and D-3; and In consideration of the mutual covenants and guarantees contained herein, the parties hereto agree as follows: Attachment II 1 AGREEMENT 1. General Conditions of Approval. The Developer shall comply with the conditions of approval as adopted by the City Council and set forth in Resolution No. 15-073 and Resolution No. 16-013. In addition, development of the PUD is subject to the requirements of the R-1C, Single-Family Residential zoning district, as may be modified herein. A. Minimum setbacks (for all structures) shall be as follows*: (a) Front: 35 feet (b) Rear: 40 feet (c) Side: 10 feet (d) Side yard abutting a street: 35 feet (e) Wetland buffer/Setback: 35/15 feet *Setbacks and exceptions to those set forth above are illustrated in a Setback Map, attached hereto and incorporated herein as Exhibit G. B. Maximum building height, as defined by the Shorewood Zoning Code, shall be two and one-half stories or 35 feet, whichever is less. C. Use of Outlots within the plat: The final plat for the PUD, attached hereto and incorporated herein as Exhibit D, includes 16 outlots, which shall be maintained as set forth in the Landscape Manual, attached hereto and incorporated herein as Exhibit E. Use and ownership of the outlots shall be as follows: Outlot A – Open space to be conveyed to the owners of adjoining property Outlot B – HOA Landscaping/Open Space Outlot C – Mattamy, Future Development Outlot D – HOA Entrance Monument Outlot E – HOA Entrance Monument/Landscaping Outlot F – City Trail/ Open Space Outlot G – City Trail/Open Space Outlot H – Open space to be conveyed to the owners of the adjoining property Outlot I – HOA Entrance Monument/Landscaping Outlot J – Open Space to be conveyed to the owners of the adjoining property Outlot K – HOA Entrance Monument/Landscaping Outlot L – City Open Space Outlot M – Mattamy, Future Development Outlot N – Mattamy, Future Development Outlot O – Open Space to be conveyed to the owners of the adjoining property Outlot P – Mattamy, Future Development D. The Developer shall comply with the requirements of Shorewood’s wetland code (Chapter 1102) and the Wetlands Conservation Act of 1991 [Minn. Stat. 103 2 G.221 et. seq. (hereinafter referred to as the WCA)]. It is the intent of this Agreement that areas adjacent to wetlands be maintained in their natural state. (a) A minimum 35-foot buffer strip shall be maintained adjacent to all delineated wetland boundaries except as otherwise approved by the Watershed District. (b) Natural vegetation shall be maintained in wetland buffer strips. Where disturbed by site development, wetland buffer strips shall be restored with natural vegetation. (c) Wetland buffer strips shall be identified within each lot by permanent monuments approved by the City. (d) A monument is required at each lot line where it crosses a wetland buffer strip and as necessary to establish required setbacks from the wetland buffer strip. Monuments shall be placed within 60 days of completion of site grading or prior to issuance of a building permit, whichever occurs first. (e) The Developer shall record with the Hennepin County Recorder or Registrar of Titles, a notice of the wetland buffer requirement against the title of each lot with a required wetland buffer strip. (f) No structures, including, but not limited to, decks, patios, and play equipment may be located in the wetland buffer strip or the required wetland setback area, except that fences shall be allowed within the wetland setback area. E. Phasing: The PUD is proposed to be developed in three phases over a period of 3- 5 years, as illustrated in Exhibit F, attached hereto and incorporated herein. All storm water facilities, landscaping of natural open space areas, and relocation of the Metropolitan Council Environmental Services ("MCES") sanitary sewer, shall be completed as part of the first phase. 2. Improvements Installed by Developer. Developer agrees at its expense to construct, install and perform all work and furnish all materials and equipment in connection with the installation of the following improvements (the "Improvements"): A. All site grading including building pads; B. Street grading, stabilizing and bituminous surfacing; C. Surmountable concrete curb and gutter; 3 D. Sanitary sewer; E. Storm sewer and surface water drainage facilities; F. Water mains, laterals and service connections; G. Street name signs and traffic control signs; H. Landscaping, planting and reforestation; and I. Public trails and sidewalks; consistent with the plans and specification prepared by Carlson McCain, dated ________________, 2016, and received and approved by the City Engineer. 3. Special Conditions of Approval. A.Upon acceptance of Improvements, the City shall be responsible for maintenance of public trails and sidewalks within the PUD. B.Maintenance and necessary replacement of boulevard trees within the PUD shall be the responsibility of the HOA. C.Maintenance of ponding areas within the PUD shall be the responsibility of the Home Owners Association. D.Total impervious surface on each lot within the plat shall not exceed 40 percent. E.It is anticipated that the Developer will purchase the easterly portion of the property, located at 5985 Seamans Drive and incorporate it into the final plat for the third phase of the development. It is understood that private underground utilities, including gas, electric, telephone, and cable shall be installed by the respective private utility companies pursuant to separate agreements with the Developer. 4. Final Plat, Grading, Drainage and Utility Plan, Building Plan. The Developer has filed with the City Clerk the final plat titled Minnetonka Country Club for the development of Phase 1 the Subject Property. The final plat, together with the grading, drainage, and utility plans, referenced in paragraph 2 above and this Development Agreement, is herewith adopted and approved by the City as the Developer’s final plan for development of the Project on the Subject Property. The final plat shall be recorded with the Hennepin County Recorder not later than 29 July 2016. 4 5. Pre-construction Meeting. Prior to the commencement of construction of each phase, the Developer shall arrange for a pre-construction meeting at least 10 days prior to the commencement of construction, to be held at Shorewood City Hall. Such meeting shall be coordinated with the Planning Director and City Engineer and shall include all appropriate parties specified by the City Engineer. 6. Standards of Construction. Developer agrees that all of the improvements set forth in paragraph 2 above, shall equal or exceed customary City construction and engineering standards, shall be constructed and installed in accordance with engineering plans and specifications approved by the City Engineer and the requirements of applicable City ordinances, and that all work shall be subject to final inspection and approval by the City Engineer. 7. Materials and Labor. All of the materials to be employed in the making of the Improvements and all of the work performed in connection therewith shall be of uniformly good and workmanlike quality, shall equal or exceed City standards and specifications, and shall be subject to inspection and approval of the City. In case any materials or labor supplied shall be rejected by the City as defective or unsuitable, then such rejected materials shall be removed and replaced with approved materials, and rejected labor shall be done anew to the satisfaction and approval of the City at the cost and expense of Developer. 8. Schedule of Work. The Developer shall submit a written schedule in the form of a bar chart indicating the proposed progress schedule and order of completion of work covered by this Agreement. It is understood and agreed that the Phase 1 work set forth in paragraph 2, except the final lift of asphalt, the trails and the entry monument, shall be performed so as to be completed by 31 October 2016, subject to delays due to “force majeure” (i.e. events of casualty, unusually inclement weather, labor strikes, material shortages, civil unrest or other causes beyond the reasonable control of Develop). The final lift of asphalt, trails and entry monument shall be completed by 1July 2017. Developer shall provide written notice to the City of the existence of any delays in the completion of the Work due to force majeure. 9. As-Built Plan. Within sixty (60) days after the completion of construction of the Improvements, Developer shall cause its engineer to prepare and file with the City a full set of "as-built" plans, including an electronic version and two (2) black line prints, showing the installation of the Improvements within the plat. Failure to file "as-built" plans within said sixty (60) day period shall suspend the issuance of building permits and certificates of occupancy for any further construction within the plat. 10. Easements. Developer, at its expense, shall acquire all easements from abutting property owners necessary to the installation of the sanitary sewer, storm sewer, surface water drainage facilities and water mains within the Project, and thereafter promptly convey said easements to the City. 11. Pre-existing Drain Tile. All pre-existing drain tile disturbed by Developer during construction shall be restored, replaced or properly abandoned by Developer. 5 12. Staking, Surveying and Inspection. The Developer, through its engineer, shall provide for all staking and surveying for the improvements and delineation of the wetland buffer areas. In order to ensure that the completed improvements conform to the approved plans and specifications, the City will provide for resident inspection as determined necessary by the City Engineer. 13. Grading, Drainage, and Erosion Control. Developer, at its expense, shall provide grading, drainage and erosion control plans to be reviewed and approved by the City Engineer. Said plans shall provide for temporary dams, earthwork or such other devices and practices, including seeding of graded areas, as necessary, to prevent the washing, flooding, sedimentation and erosion of lands and streets within and outside the plat during all phases of construction. Developer shall keep all streets within, and adjacent to, the plat free of all dirt and debris resulting from construction therein by the Developer, its agents or assigns. 14. Street Signs. Developer, at its expense, shall provide standard city street identification signs and traffic control signs in accordance with the Minnesota Manual on Uniform Traffic Control Devices, as directed by the City Engineer. 15. Access to Residences. Developer shall provide reasonable access, including temporary grading and graveling, to all residences affected by construction until the streets are accepted by the City. 16. Occupancy Permits. The City shall not issue a certificate of occupancy until all Improvements set forth in paragraph 3 are completed and approved by the City Engineer. 17. Final Inspection. At the written request of the Developer, and upon completion of the Improvements set forth in paragraph 2 above, the City Engineer, the contractor, and the Developer's engineer will make a final inspection of the work. When the City Engineer is satisfied that all work is completed in accordance with the approved plans and specifications, and the Developer’s engineer has submitted a written statement attesting to same, the City Engineer shall recommend that the improvements be accepted by the City. 18. Conveyance of Improvements. Upon completion of the installation by Developer and approval by the City Engineer of the improvements set forth in paragraph 2 above, the Developer shall convey said improvements to the City free of all liens and encumbrances and with warranty of title, which shall include copies of all lien waivers. Should the Developer fail to so convey said improvements, the same shall become the property of the City without further notice or action on the part of either party hereto, other than acceptance by the City. 19. Replacement. All work and materials performed and furnished hereunder by the Developer, its agents and subcontractors, found by the City to be defective within one year after acceptance by the City, shall be replaced by Developer at Developer's sole expense. Within a period of thirty (30) days prior to the expiration of the said one-year period, Developer shall perform a televised inspection of all sanitary sewer lines within the plat and provide the City with a record of the televised inspection. 6 20. Restoration of Streets, Public Facilities and Private Properties. The Developer shall restore all City streets and other public facilities and any private properties disturbed or damaged as a result of Developer's construction activities, including sod with necessary black dirt, bituminous replacement, curb replacement, and all other items disturbed during construction. 21. Reimbursement of Costs. The Developer shall reimburse the City for all costs, including reasonable engineering, legal, planning and administrative expenses incurred by the City in connection with all matters relating to the administration and enforcement of the within Agreement and the performance thereof by the Developer. Such reimbursement of costs shall be made within thirty (30) days of the date of mailing of the City's notice of costs to the address set forth in paragraph 29 below. 22. Claims for Work. The Developer or its contractor shall do no work or furnish no materials not covered by the plans and specifications and special conditions of this Agreement, for which reimbursement is expected from the City, unless such work is first ordered in writing by the City Engineer as provided in the specifications. Any such work or materials which may be completed or furnished by the contractor without such written order first being obtained shall be at its own risk, cost and expense. 23. Surety for Improvements - Deposit or Letter of Credit. For the purpose of assuring and guaranteeing to the City that the improvements to be constructed, installed and furnished by the Developer as set forth in paragraph 2 above, shall be constructed, installed and furnished according to the terms of this Agreement, and to ensure that the Developer submit to the City as-built plans as required in paragraph 8 and that the Developer pay all claims for work done and materials and supplies furnished for the performance of this Agreement, the Developer agrees to furnish to the City either a cash deposit or an irrevocable letter of credit approved by the City in an amount equal to 150% of the total cost of said Improvements estimated by the Developer's engineer and approved by the City Engineer. Said deposit or letter of credit shall remain in effect for a period of one year following the completion of the required improvements. The deposit or letter of credit may be reduced in amount at the discretion of the City upon approval by the City of the partially completed Improvements, but in no event shall the deposit or letter of credit be reduced to an amount less than 125% of the cost of the remaining Improvements. At such time as the Improvements have been approved by the City, such deposit or letter of credit may be replaced by a maintenance bond. 24. Insurance. The Developer shall take out and maintain during the life of this agreement public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's work or the work of their subcontractors, or by one directly or indirectly employed by any of them. This insurance policy shall be a single limit public liability insurance policy in an amount not less than $2,000,000.00. The City shall be named as additional insured on said policy and the Developer shall file a copy of the insurance coverage with the City. Prior to commencement of construction of the Improvements described in paragraph 2 above, the Developer shall file with the City a certificate of such insurance as will protect the 7 Developer, his contractors and subcontractors from claims arising under the workers' compensation laws of the State of Minnesota. 25. Laws, Ordinances, Regulations and Permits. Developer shall comply with all laws, ordinances, and regulations of all regulatory bodies having jurisdiction of the Subject Property and shall secure all permits that may be required by the City of Shorewood, the State of Minnesota, the Minnehaha Creek Watershed Districts, and the Metropolitan Council Environmental Services before commencing development of the plat. 26. Local Sanitary Sewer Access Charges (LSSAC). Developer shall, prior to release of the final plat for Phase I by the City, make a cash payment to the City in the sum of $87,600 ($1200 for each lot) as local sanitary sewer access charges. Subsequent phases shall pay LSSAC, based on the fees in effect at the time of filing of each final plat. 27. Municipal Water Charges. Pursuant to Shorewood City Code a $10,000 municipal water connection charge is required to be paid for each lot, prior to the release of the final plat. The City shall credit the Developer the cost of extending water mains from the outside boundary of the Subject Property to the front property of each lot. In no event shall the credit to the Developer exceed the water connection charges paid. 28. Park Fund Payment. In consideration of land dedications, trail construction and PUD approval, the Developer and the City hereby agree to a total park dedication payment of $780,000, to be paid proportionately at the time of final plat for each phase. 29. Notices. All notices, certificates and other communications hereunder shall be sufficiently given and shall be deemed given when mailed by certified mail, return receipt requested, postage prepaid, with proper address as indicated below. The City and the Developer by written notice given by one to the other, may designate any address or addresses to which notices, certificates or other communications to them shall be sent when required as contemplated by this Agreement. Unless otherwise provided by the respective parties, all notices, certificates and communications to each of them shall be addressed as follows: To the City: Zoning Administrator City of Shorewood 5755 Country Club Road Shorewood, Minnesota 55331 With a Copy to: Shorewood City Attorney c/o Kutak Rock LLP 220 South Sixth Street, Suite 1750 Minneapolis, Minnesota 55402 8 To the Developer: Division President Mattamy Minneapolis LLC 7201 Washington Avenue South Edina, MN 55439 With a copy to: Mattamy Homes US Group 1900 Summit Tour Blvd., Suite 500 Orlando, FL 34787 Attention: Ms. Leslie C. Candes, Vice President 30. Proof of Title. Developer shall furnish a title opinion or title insurance commitment addressed to the City warranting that Developer is the fee owner or has a legal right to become fee owner of the Subject Property upon exercise of certain rights and to enter upon the same for the purpose of developing the Subject Property. Developer agrees that in the event Developer's ownership in the Subject Property should change in any fashion, except for the normal process of marketing lots, prior to the completion of the Project, the Improvements and the fulfillment of the obligations under this Agreement, Developer shall forthwith notify the City of such change in ownership. Developer further agrees that all dedicated streets and utility easements provided to City shall be free and clear of all liens and encumbrances. 31. Indemnification. Excluding any claims or liabilities caused by or arising from the negligence or willful misconduct of the City, it’s employees, agents and contractors, the Developer shall hold the City harmless from and indemnify the City against any and all liability, damage, loss, and expenses, including but not limited to reasonable attorneys' fees, arising from or out of the Developer's performance and observance of any obligations, agreements, or covenants under this Agreement. It is further understood and agreed that the City, the City Council, and the agents and employees of the City shall not be personally liable or responsible in any manner to the Developer, the Developer's contractors or subcontractors, materialmen, laborers, or any other person, firm or corporation whomsoever, for any debt, claim, demand, damages, actions or causes of action of any kind or character arising out of or by reason of the execution of this Agreement or the performance and completion of the work and Improvements hereunder. 32. Declaration of Covenants, Conditions and Restrictions. Developer shall provide a copy of the Declaration of Covenants, Conditions and Restrictions, which Declaration shall include the City as a signatory thereto, for review and approval by the City prior to recording. 33. Remedies Upon Default. In the event the Developer shall default in the performance of any of the covenants and agreements herein contained and such default shall not have been cured within thirty (30) days after receipt by the Developer of written notice thereof, the City may exercise the following remedies: A. Assessments. The City may cause any of the Improvements to be constructed and installed or may take action to cure such other default and may cause the entire cost thereof, including all reasonable engineering, legal and administrative expenses incurred by the City to be recovered as a special assessment under 9 Minnesota Statutes Chapter 429. The Developer agrees to pay the entire amount of such assessment within thirty (30) days after its adoption. Developer further agrees that in the event of its failure to pay in full any such special assessment within the time prescribed herein, the City shall have a specific lien on all of the Subject Property for any amount so unpaid, and the City shall have the right to foreclose said lien in the manner prescribed for the foreclosure of mechanic's liens under the laws of the State of Minnesota. In the event of an emergency, as determined by the City Engineer, the notice requirements to the Developer prescribed by Minnesota Statutes Chapter 429 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. B. Performance Guaranty. In addition to the foregoing, the City may also institute legal action against the Developer or utilize any cash deposit made or letter of credit delivered hereunder, to collect, pay, or reimburse the City for: (a) The cost of completing the construction of the Improvements. (b) The cost of curing any other default by the Developer in the performance of any of the covenants and agreements contained herein. (c) The cost of reasonable engineering, legal and administrative expenses incurred by the City in enforcing and administering this Agreement. C. Legal Proceedings. In addition to the foregoing, the City may institute any proper action or proceeding at law or at equity to abate violations of this Agreement, or to prevent use or occupancy of the proposed dwellings. 34. Headings. Headings at the beginning of paragraphs hereof are for convenience of reference, shall not be considered a part of the text of this Agreement, and shall not influence its construction. 35. Severability. In the event any provisions of this Agreement shall be held invalid, illegal, or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof, and the remaining provisions shall not in any way be affected or impaired thereby. 36. Execution of Counterparts. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original, and all of which shall constitute but one and the same instrument. 37. Governing Law. This Agreement shall be construed and interpreted in accordance with the laws of the State of Minnesota. 10 38. Successors and Assigns. It is agreed by and between the parties hereto that the Agreement herein contained shall be binding upon and inure to the benefit of their respective legal representatives, successors, and assigns. IN WITNESS WHEREOF , the parties hereto have caused these presents to be executed on the day and year first above written. MATTAMY MINNEAPOLIS LLCCITY OF SHOREWOOD By: By: Its: Its: Mayor ATTEST: By: Its: City Administrator STATE OF MINNESOTA ss. COUNTY OF HENNEPIN On this ___day of ___________, 2016, before me, a Notary Public within and for said County, personally appeared Scott Zerby and William Joynes to me personally known, who, being each by me duly sworn, did say that they are respectively the Mayor and City Administrator of the municipal corporation named in the foregoing instrument, and that said instrument was signed and sealed on behalf of said corporation by authority of its City Council, and said Mayor and City Administrator acknowledged said instrument to be the free act and deed of said corporation. Notary Public 11 STATE OF MINNESOTA ss. COUNTY OF HENNEPIN On this ____ day of ______________, 2016, before me, within and for said County, personally appeared _______________________, the _____________ of Mattamy Minneapolis LLC, a Delaware limited liability company, the Developer, described in and who executed the foregoing instrument and acknowledged that it executed the same as the free act and deed of said limited liability company. Notary Public 12 (Insert Exhibit A – Legal Description) 13 CITY OF SHOREWOOD RESOLUTION NO. 15 -073 A RESOLUTION APPROVING A P.U.D. CONCEPT PLAN FOR MATTAMY (MPLS) PARTNERSHIP (MINNETONKA COUNTRY CLUB REDEVELOPMENT) WHEREAS, Mattamy (Mpls) Partnership (Applicant) has an interest in certain real properties located in the City of Shorewood, County of Hennepin, legally described in Exhibit A, attached hereto and made a part hereof; and WHEREAS, in January of 2015 the Applicant filed a pre - application for a Comprehensive Plan amendment to reclassify the Minnetonka Country Club from "Semi- Public" to "Low Density Residential (1 -2 units per acre)"; and WHEREAS, the City Council hired an independent planning consulting firm to conduct a study of the golf course site and the surrounding area, and appointed a Planning Advisory Committee to assist the Planning Commission and City Council in determining the best use for the property, and surroundings; and WHEREAS, after a series of meetings over several months, the Planning Advisory Committee forwarded its findings to the Planning Commission and City Council, which findings are on file at the Shorewood City Hall; and WHEREAS, the Planning Commission held an open house meeting on 28 July 2015 and, after legal notice was published in the official newspaper, the Planning Commission conducted a public hearing on 4 August 2015, the minutes of which are on file in the Shorewood City Offices; and WHEREAS, the Applicant has applied to the City for approval of a Concept Plan for the construction of a residential planned unit development known as Minnetonka Country Club Redevelopment, containing one hundred and forty (140) single- family lots on approximately 118.64 acres of land; and WHEREAS, the Applicant's request was reviewed by the City Planner, and his recommendations were duly set forth in a memorandum to the Planning Commission dated 29 July 2015, which memorandum is on file at City Hall; and WHEREAS, the Applicant's request was reviewed by the City Engineer, and his recommendations were duly set forth in a memorandum to the Planning Commission dated 28 July 2015, which memorandum is on file at City Hall; and Exhibit B WHEREAS, the Park Commission, at its regular meeting of 11 August 2015 recommended that the City should require cash in lieu of land to satisfy the park dedication requirement for the development; and WHEREAS, the Planning Commission at its regular meeting of 18 August 2015 recommended approval of a Concept Plan for redevelopment of the Minnetonka Country Club property, subject to conditions; and WHEREAS, after legal notice was published in the official newspaper, the City Council conducted a public hearing on 14 September 2015, at which time the findings of the Planning Advisory Committee, the recommendation of the Park Commission, the recommendation of the Planning Commission, the recommendations of staff were reviewed and public testimony was heard, the minutes of which meeting are on file in the Shorewood City Offices; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. The Applicant's request for approval of a Concept Plan for the Minnetonka Country Club Redevelopment P.U.D. is subject to the following conditions of approval: (a) This approval allows as many as 140 single - family residential units to be constructed on 118.64 acres of land resulting in a density of 1.2 units per 40,000 square feet of net buildable area. (b) The proj ect shall include a mix of traditional single - family residential homes and age - targeted single- family homes. Minimum building setbacks for the traditional homes shall comply with those set forth in the R -1 C Zoning District of the Shorewood Zoning Code. Minimum building setbacks for the age - targeted homes shall be: 25 feet front; 30 feet rear; 7.5 feet side; and 25 feet side yard abutting the street. (c) The proposed circulation system will include a second access /entry to Smithtown Road, creating two means of ingress and egress from Smithtown Road. (d) City - designated and Wetland Conservation Act wetland buffers shall be determined at the time of Development Stage Plan approval. (e) A 15 -foot structure setback shall be maintained from the buffer areas referenced in (d) above. (f) The Applicant shall dedicate wetland conservation easements over the City designated and Wetland Conservation Act wetlands and the buffer area required in (d) above. -2- (g) Upon completion of final grading, the Applicant shall place survey monuments locating the wetland buffer area on each lot. (h) Protective covenants for the P.U.D. shall clearly set forth provisions for protecting the wetlands (i.e. no dumping of yard waste, no fencing, no site alteration, etc.). (i) Preserved open space and the trail system will be owned and maintained by the City of Shorewood. 0) The development stage plans will include the dedication of additional public right- of-way for Smithtown Road and Country Club Road, abutting the development, bringing the total right -of -way width for both streets to 66 feet. (m) The Applicant shall submit a tree inventory and reforestation plan as part of the development stage plans. (n) The P.U.D. shall be connected to the municipal water system and shall be subject to the assessment and connection policies in effect at the time the final plan is approved. (o) The Applicant shall enter into a pre - development agreement (Exhibit B, attached) prior to submitting an application for development stage plan approval. (p) - The Applicant shall enter into a separate escrow agreement to ensure site restoration measures are in place following remediation of contaminated soils on certain locations within the property. 2. City Council approval of the Concept Plan is subject to all applicable standards, regulations, and requirements of the Shorewood City Code. 3. Approval of the Concept Plan is not intended, nor does it act to grant approval of a Development Stage Plan or Final Stage Plan which are required pursuant to Section 1201.25 Subd. 6.(c) and (d). -3- CONCLUSION 1. The application of Mattamy (Mpls) Partnership for approval of the Concept Plan for the Minnetonka Country Club Redevelopment P.U.D. as set forth above is hereby approved. 2. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHORE WOOD this 12th day of October, 2015. ATTEST: 91'qi-vu Ayytdi 2A� Jean Panchyshyn, City rk N Scdwzerby, a or (insert legal description) Exhibit A -5- 1I74 I CITY OF SHOREWOOD HENNEPING COUNTY, MINNESOTA PRE - DEVELOPMENT AGREEMENT (Minnetonka Country Club) THIS AGREEMENT, made and entered into this _ day of October, 2015, by and between the City of Shorewood, a municipal corporation organized under the laws of the State of Minnesota, (the "City "), and Mattamy Minneapolis LLC, a limited liability corporation organized under the laws of the State of Delaware (the "Developer "). RECITALS 1. The Developer has requested to make certain applications to the City for the property described in the attached Exhibit A (the "Property "), upon which the Developer proposes the construction of its project (hereinafter the "Project"). 2. The Project requires approval of City Comprehensive Plan and Zoning Ordinance amendments. 3. The Project has received Comprehensive Plan and Concept Stage Planned Unit Development approval as reflected in Shorewood Resolution 2015 -xx. 4. The Developer seeks to undertake certain on -site pre - development activities on the Property including demolition of the clubhouse, accessory buildings and remediation of certain contaminated soils. 5. The Developer seeks to enter into this Pre - Development Agreement to acknowledge the City's consent to the pre - development activities and which further obligates the Developer to reimburse the City for certain expenses associated with the development applications. 6. The Developer further seeks to enter into this Pre - Development Agreement which confirms the cost participation for the design, construction and implementation of public improvements of Shorewood, Minnesota. AGREEMENT 1. Developer petition for application. Developer intends to make application for approval of Development Stage PUD and Final Stage PUD (the "Applications "). Developer acknowledges that this Agreement does not grant any approvals for the Project, the development, permits, building or land disturbance, land use permits or other preliminary or final permits. - 2. City Authorization, The City authorizes the Developer to undertake the remediation of .contaminated soils in the tee box and putting green areas of the Property. Subject to application for and issuance of a building permit, the City further authorizes the demolition of the clubhouse and other buildings on the Property. Exhibit B 3. Developer reimbursement of City expenses. The Developer agrees to reimburse the City for all out -of- pocket expenses incurred by the City in the processing and permitting of those certain applications for permitting, approval and development of the Project on the Property. Developer agrees to reimburse the City within 45 days of invoice for all out -of- pocket expense incurred by the City including but not limited to expert consultation expenses of engineering, planning, landscape architect, and legal services as well as publication of notices. 4. Escrow Deposit. At the time of filing Applications, Developer shall pay to the City an escrow deposit in the amount of $25,000.00 (the "Escrow Deposit "). The Escrow Deposit will be deposited on account and remain there until completion of all City work. The City reserves the right to apply any portion of the Escrow Deposit toward a delinquent payment or to apply upon final billing for planning, engineering or legal services paid for by the City. The City shall return to the Developer all excess funds on deposit within 60 days of a) completion of the pre- development process established by application denials by the City council or execution of a Project Development Agreement; or b) withdrawal of the applications by he Developer. 5. Binding effect. The terms and provisions herein shall be binding upon and anywhere to the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding upon current and future owners of the Property. 6. Notice. Any notice or correspondence to be given under this Agreement shall be given if delivered personally or by U.S. Mail: City: Bill Joynes Developer: Rick Packer City Administrator Land Development Manager 5755 Country Club Road Mattamy Homes Shorewood, MN 55331 7201 Washington Avenue South Edina, MN 55439 Or such other address as either party may fiom time to time modify by notifying the other party in writing. 7. ' Remedies on Default. Whenever any event of default or failure to conform to the terms and conditions of this Agreement occurs, the City shall give notice of the event of default or failure to perform to the Developer by United States mail to the last known address. If the Developer fails to cure the event of default or failure to perform within thirty (30) days after the date of mail notice, and in addition to any other remedy provided herein, and without waiver of any such right, the City may avail itself of any or all of the following remedies for so long as the Developer is in default. a) Halt all Project development work until such time as the event of default is cured. b) Withhold building permits or occupancy permits within the Project. c) Apply to a court of competent jurisdiction to enjoin the continuation of the default and any other remedies as provided in equity or in law. d) The City may draw upon and utilize the Developer's funds and /or security in order to cover the costs of the City to correct the event of default. -2- e) Fees and costs incurred in the enforcement of the terms of this Agreement shall be the responsibility *of the non - prevailing party. 8. Governing Law. This Agreement shall be 'governed by and construed in accordance with the laws of the State of Minnesota. IN WITNESS WHEREOF, the City and Developer have caused this agreement to be duly executed on the day and year first above written. CITY OF SHORE' WOOD MATTAMY HOMES OF MINNESOTA By: By: Its: -3- CITY OF SHOREWOOD RESOLUTION NO. 16 -013 A RESOLUTION GRANTING A REVISED CONCEPT PLAN, DEVELOPMENT STAGE PLAN AND PRELIMINARY PLAT APPROVAL FOR THE MINNETONKA COUNTRY CLUB P.U.D. WHEREAS, Mattamy Homes (Applicant) is the owner of certain land within the City of Shorewood and has applied to the Council for a revised Concept Plan, Development Stage Plan and Preliminary Plat approval of a residential Planned Unit Development (P.U.D.) to be known as Minnetonka Country Club; and WHEREAS, the Applicant's request has been reviewed by the City Planner and his recommendations have been duly set forth in memoranda to the Planning Commission, dated 24 November 2015 and 1 January 2016, which memoranda are on file at City Hall; and WHEREAS, the Applicant's request has been reviewed by the City Engineer and his recommendations have been duly set forth in a letter to the Planning Director, dated 24 November 2015, which letter is on file at City Hall; and WHEREAS, the Applicant's request has been reviewed by the consulting firm of Northwest Associated Consultants, Inc. and its recommendations have been duly set forth in a memorandum to the Planning Director, dated 24 November 2015, which memorandum is on file at City Hall; and WHEREAS, a Public Hearing was held by the Shorewood Planning Commission on 1 December 2015, for which notice was duly published and all adjacent property owners duly notified. WHEREAS, a second Public Hearing was held by the Shorewood Planning Commission on 16 February 2016 to consider a revision to the Development Stage Plan and Preliminary Plat and for which notice was duly published and all adjacent property owners duly notified. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. The Applicant's request for a revised Concept Plan approval, Development Stage Plan approval and preliminary plat approval of the Minnetonka Country Club P.U.D. is hereby approved. 2. That such approval is subject to the recommendations set forth in the City Planner's memoranda, dated 24 November 2015 and 1 January 2016; the City Engineer's memorandum, dated 24 November 2015; and the NAC memorandum, dated 24 November 2015, all as approved by the Planning Commission at its 1 December 2015 and 16 February 2016 meetings, the minutes of which are on file at City Hall. Exhibit C ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 22nd day of February 2016. ATTEST: Qekll� P" �--y Jean Panchyshyn, bty tlerk Scott by, Mayo MINNETONKA COUNTRY CLUB KNOW ALL PERSONS BY THESE PRESENTS: That Mattomy Minneapolis, LLC, a Delaware limited liability company, owner and proprietor of the following described property situated in the County of Hennepin, State of Minnesota, to wit: Torrens Lot 37, AUDITOR'S SUBDIVISION NO. 133, Hennepin County, Minn., described as follows: Commencing at the Northeast corner of said Lot 37; thence Southwesterly on the Northerly line thereof a distance of 240 feet; thence at an angle to the left of 87 degrees 53 minutes, a distance of 92.8 feet; thence at an angle to the left of 90 degrees a distance of 192.75 feet, more or less, to the East line of said Lot 37; thence north on the East line of said Lot 37, a distance of 112 feet to the place of beginning. And Lot 50 except the most Westerly 14 feet thereof; The South 47.80 feet of the most Westerly 14 feet of Lot 50 as measured along and at right angles to the most Westerly line of said Lot 50; The North 50 feet of Lot 55 lying East of the West line of Lot 3, MINNEWASHTA PARK Extended, all in AUDITOR'S SUBDIVISION NO. 133, Hennepin County, Minnesota. And Abstract: Lot 47, AUDITOR'S SUBDIVISION NO. 133, Hennepin County, Minnesota And Lots 36, 48 and 49, AUDITOR'S SUBDIVISION NO. 133, Hennepin County, Minnesota And Lot 1, "MEEKERS OUTLOTS TO EXCELSIOR," Except that part of Lot 1, "MEEKERS OUTLOTS TO EXCELSIOR," lying Southerly of a line drawn from a point on the East line of said Lot 1, distant 45.6 feet North from the Southeast corner of said Lot 1 to a point on the West line of said Lot 1, distant 40 feet North from the Southwest corner of said Lot 1. And Lot 41, AUDITOR'S SUBDIVISION NO. 133, Except the northerly 110 feet of the easterly 198 feet thereof, Hennepin County, Minnesota. And Lots 57 and 62, AUDITOR'S SUBDIVISION NO. 133, Hennepin County, Minnesota, Except those parts lying Southerly and Easterly of a line described as beginning at a point on the East line of said Lot 57, said point being the Northwest corner of MOTT ADDITION, according to the recorded plat thereof, and marked by a Judicial landmark set pursuant to Torren's Case No. 16430; thence Westerly and Parallel with the North line of said Lot 57 ❑ distance of 208.73 feet to the intersection with the Northerly Extension of the Easterly line of SPRUCE HILL, according to the recorded plat thereof; thence Southerly along said Northerly Extension 38.62 feet to the Northeast corner of said SPRUCE HILL and said line there terminating. And That part of Lot 38, AUDITOR'S SUBDIVISION NUMBER 133, according to the recorded plat thereof, Hennepin County, Minnesota, lying southerly and westerly of the following described line: Commencing at the Northeast corner of the Southwest Quarter of Section 33, Township 117, Range. 23; thence South 00 degrees 04 minutes 04 seconds East, assumed bearing, along the East line of said Southwest Quarter, 119.78 feet to the intersection of the easterly extension of the South line of Lot 40, AUDITOR'S SUBDIVION NUMBER 133 end said East line; thence North 87 degrees 59 minutes 51 seconds West, along said easterly extension, 8.51 feet to the Southeast corner of said Lot 40; thence continuing North 87 degrees 59 minutes 51 seconds West, along said South line, 212.35 feet; thence North 00 degrees 04 minutes 04 seconds West, 168.80 feet to the North line of Lot 40, said AUDITOR'S SUBDIVISION NO. 133; thence North 88 degrees 20 minutes 06 seconds West, along said North line, 439.31 feet to the East line of said Lot 38; thence South 00 degrees 04 minutes 04 seconds East, along the East line of said Lot 38, a distance of 23.76 feet to the point of beginning of the line to be described; thence South 89 degrees 55 minutes 56 seconds West, 170.00 feet; thence North 00 degrees 04 minutes 04 seconds West to the southerly right —of —way line of Smithtown Road and said line there terminating. And That part of Lot 40, AUDITOR'S SUBDIVISION NUMBER 133, according to the recorded plat thereof, Hennepin County, Minnesota, lying westerly of the following described line: Commencing at the Northeast corner of the Southwest Quarter of Section 33, Township 117, Range 23; thence South 00 degrees 04 minutes 04 seconds East, assumed bearing, along the East line of said Southwest Quarter, 119.78 feet to the intersection of the easterly extension of the South line of said Lot 40 and said East line; thence North 87 degrees 59 minutes 51 seconds West, along said easterly extension, 8.51 feet to the Southeast corner of said Lot 40; thence continuing North 87 degrees 59 minutes 51 seconds West, along said South line, 212.35 feet to the point of beginning of the line to be described; thence North 00 degrees 04 minutes 04 seconds West, 168.80 feet to the North line of said Lot 40 and sold line there terminating. Has caused the some to be surveyed and platted as MINNETONKA COUNTRY CLUB and does hereby dedicate to the public for public use the public ways and the easements created by this plat for drainage and utility purposes only. In witness whereof said Mattomy Minneapolis, LLC, a Delaware limited liability company, has caused these presents to be signed by its proper officer this day of 20_ MATTAMY MINNEAPOLIS, LLC Jessica P. Morales, Vice President STATE OF _ COUNTY OF R.T. DOC. NO. C.R. DOC. NO. This instrument was acknowledged before me this day of 20 by Jessica P. Morales, Vice President of Mattomy Minneapolis, LLC, a Delaware limited liability company, on behalf of the company. Notary Public, My commission expires I Thomas R. Balluff do hereby certify that this plat was prepared by me or under my direct supervision; that I am a duly Licensed Land Surveyor in the State of Minnesota; that this plat is a correct representation of the boundary survey, that all mathematical data and labels are correctly designated on this plat; that all monuments depicted an this plat have been or will be correctly set within one year; that all water boundaries and wet lands as defined in Minnesota Statutes, Section 505.01, Subd. 3, as of the date of this certification are shown and labeled on this plat; and that all public ways are shown and labeled on this plat. Dated this day of 20 Thomas R. Balluff, Licensed Land Surveyor Minnesota License No. 40361 STATE OF COUNTY OF This instrument was acknowledged before me on this day of Notary Public, My commission expires SHOREWOOD, MINNESOTA 20_ by Thomas R. Balluff. This plat of MINNETONKA COUNTRY CLUB was approved and accepted by the City Council of Shorewood, Minnesota, at ❑ regular meeting thereof held this day of 20 If applicable, the written comments and recommendations of the Commissioner of Transportation and the County Highway Engineer have been received by the City or the prescribed 30 day period has elapsed without receipt of such comments and recommendations, as provided by Minn. Statutes, Section 505.03, Subd. 2. By Mayor By. Clerk RESIDENT AND REAL ESTATE SERVICES, Hennepin County, Minnesota I hereby certify that taxes payable in 20 and prior years have been paid for land described on the plat, dated this _ day of . 20 Mark V. Chapin, County Auditor By. Deputy SURVEY DIVISION, Hennepin County, Minnesota Pursuant to Minnesota Statutes, Section 3838.565 (1969), this plat has been approved this day of 20 Chris Mavis, County Surveyor By. REGISTRAR OF TITLES, Hennepin County, Minnesota I hereby certify that the within plat of MINNETONKA COUNTRY CLUB was filed in this office this day of 20� at o'clock .m. Martin McCormick, Registrar of Titles By. Deputy COUNTY RECORDER, Hennepin County, Minnesota I hereby certify that the within plat of MINNETONKA COUNTRY CLUB was recorded in this office this _ day of 20J at o'clock M. Martin McCormick, County Recorder By. Deputy Exhibit D SH MINNETONKA COUNTRY CLUB North Quarter Cam r of Sootier_. 33, Township 117, Range 23 nt (Cast Iron Monument)`+ v North -S uth Quarter has of---, tv �'vd ✓I w —� �`- < n v. Section 33, Township 117, \.�I /�y Range 23 Fe� °05'35 "E Nat 75 p j�" [ROAD c3 r` � i) i o 2 t- ( �UDITi, _ R- t II J MP C� F_ <t I () C] I I C] „ n i', .: J 50 - - E 6 m J C] iv "v X8.62- = = = -- oUTLOT V) cC 4° h� C C] q rr IY ^U %vi'vI�_ _ I1 21$944 ^, ro 4a1��L O I ��j ) ROAD Nel °3 -56 Ei oUTLOT --1� Id I �' �° R, 41a• -' INSET A LL > - 1gg9770 S.1ITtiTO'r'Jt_ 4 R !< n — — <� F� (-.� (;� (SEES SHEET 3 OF 7 SHEETS) _Cil I a J << 3 0 3 f3 n "I "dv. �.,. (p l II t- -j [� Q �0 6 o0 33 w iv i:%i�ly o ) C V) 12 2 I��! 3 o f0 tOO N o n��l .r'if:':. ::v[.' C) I Ina C) Z� 5 :� L ,�cu• �_ o CSI C] Z L l ,�°�oe�°pnl 1.c, : >g o `° 3 �� 4 w> __West Quarter cerror of Section I s f ° m� b - . 0 33, Township 117, Range 23 Z N.�- r°nN i (cast Iron Monument) ` + , N88°20'06 "W ° I o o Eaat -west Qaarter (; ) N11* 4'10"11 S88°1 4'50 "E `, i'1 �. 439.31 hseetian 33, > +t•G� `O y T s is C ro01.09 _ 328.09 �� OUTLOT N -- =f? \ �° oci Range 2a�7 %' ✓y 5 1 n y V - - - - -� ` �_-- - - - - -- 3C5_8_357 �� mtto °M 888 °14'50 "E `\� ` -C . �- 130.37 w ITS >-- East- V'lest Quarter line of 1 ` r', < A8,8, 450�Y/ ®- 3 ET E Section 33. Township 117, ; 14.2295,,.v �I 1 i'I^ , , \ P•SS �, - �a-� -�., -- - - - =� (SEE SHEET 7 OF 7 SHEETS) ergo 23 _ - v��0 no�M�, A 'i - - - - -- 1��: 110.0 a �� 6 5 _� l oa TO Z r �i oUTLOT A :800 °04'04 "E 3 1 4 Wost line of Lot 1, - - -_,� I i 887 °59'51 "E mo �� q 3 "MEEKER'S OUTLOTS TO ` Iy I I _` -p -�_ i 196,13 d EXCELSIOR" Per found - w,'.cu.::iv1 ;'('> �1„_\ (Par ® 00 °0404'E� / �o OUTLOT C maramentanan) � � - - � � -�— � = ®. ' ,55_07_ Z � �J 32764 — — — — — -,�— J -- -- — =�— o ` 1 I43- N83°22'- ls°1;r' — ` ®\ .o _6 51 / i� �' I try•t10,��, ® -\ ®e�`� SBB °04'03 "E :-'^ �o 9 i°- j � INSET B � Line drawn fro . paint o De from line af_ -�- 4 e$ j 10 (SEE SHEET 4 OF 7 SHEETS) o Lot 1, distant 45.6 feet North from the j / <_ Southeast corner of said Lot 1 to a point on I,- / ' l� ]Q _ the West line of said Lot 1, distant 40 feet North from the Southwest corner thereof C ILJ� :) 69 ' ® I43 / OUTLOT F _ 10 / /u _ 11 C] -- Witness Corner to the East ° artercoM (castIr a n Mana (C ment) I ° I - --East line f the Northeast Ir Quarter of Section 33, Township 117, Range 23 37 � "--East Quarter comer of Section 33, Township 117, Range 23 (Calculated position, no Monument exists) CJ rMr 110 �r lay I C �- LL 8 `?8 9 / 10 d' 3 j O _ ^ ca" 4 r OUTLOT AI A� c' 13 ® 7 j I un, �C o sail g 7 ii 6 lllo -] f z I I � \• (] B I OUTLOT P /'� pnI Ida \a zli �� B A� 3 12 C) I 13 C) (;) 3N OUTLOT L - IR� ��I 3Dn \ i i`l�'` 14 / 91. i' ® 7 5 INSET C a SEE SHEET 5 OF 7 SHEETS) t yJ ( F" g I south line of the Northeast sr, e 3 I Qaatteof f the Southwet N8s 43' Qar r- section 33, Tawnsnip _ INSET D E 117, Range 23 also the North ¢t4 00 °,;, No f e f the seatheast (SEE SHEET 6 OF 7 SHEETS) Qaarter of the So + 4 N00°16'038p Quarter of Section 33, Township c 1Z\ 117, flange 23 - 21 lY) w(y, ,38.25 0 665.47 O` : ' ""° I soin line f me Northwest Quarter ®�°� 508°03'01 "E N88 °43'12 "W _of a southeast Qaarter or section 352.77 O ••�` —> u sar r "a, ` -- L I1< (M -N89 °32'14 "YI) y, 1� ,0] 33, Township 117, Range 23 Iso the N89 °31'01 "Yf N o fog', 123,86 I North line of the of the southwest I,--South line of Let 62, I �? ] >_ 00°o,'�ti < N88 °43'72 "Y7 7 Quarter of the soameast Quarter of �� \I?� 24 / F? AUDITOR'S SUBDIVISION - C I CC �O <o (M -N89 °32'14 °Y /) + Section 33, Township 117, Range 23 4 NNO. 133 per the Plot I f SPRUCE HILL - O 111iv' i n urr'ii I Ile%, SP RU­ n nv1V -..r n -rr-� riie.i. �'2 ?8 ✓ rC •T i.`% SEA,vinl 1-J 1 n' L_.. I I - O?. ^r n I <' D° J b1 OIITLOT L DRAINAGE AND UTILITY ° 6 2 �o' \ 'P6". If, �/ JI N EASEMENTS ARE SHOWN THUS: For the purposes of this plat, the East -West Quarter (Not t0 SCOIP) line of Section 33, Township 117, Range 23, Is assumed C� z I to have a baaring of North 88 %4'50" West. ® Denotes Judicial Landmark sat per Torrens Case No. 16430 i 3; y 32 „�( /�� \5Q Sys �J•t;l I V•. 8 5 G Denotes found Hennepin County Monument Denotes 1/2 Inch by 14 Inch Iron monument set or to be ° I O set within one year of recording of this plat and marked _5 with license number 40361 �Z 267, i / - 1321.035 ' i ' R 4 •� 50• 97 tt- I + • Denotes found iron monument voulm.iw °2228 W r RAIL,' A=185 -34 r t•L \ ' w n �C -- J - - - --i L- - - -J -- 126.2 se2^r „5TC ftnr. GRAPHIC SCALE (M- N89 °32.14'W) Denotes Bearing per MOTT ADDITION S88'10'4 "W`, 4t.o -`�— 43.56w„ �: 0 75 150 300 1 e — �f'1` "`� 6°34 �4 (A- 198.0) Denotes distance per AUDITOR'S SUBDIVISION NO. 133 148 being 5 feet In width, and adlaIMnq side lot lines, -- "u��F'iriC i.v nv ✓iTiv �v" 0�0 I ",,,V( -vinii 1-11 v an d 10 feat in width and ad right of way Denotes Wetland delineated by K)oihau9 Environmental ' n g`L ' (SCALE IN FEET) lines unless otherwise shown on this plot. Service Company In October of 2014. south Quarter Corner of Section 33 rTowaship--- ' S — - - 117, Range 23 (2 Inch Copped Pipe) SECTION MAP (NO SCALE) _ 588'J4'07"E 266 N _ .32 _ i• FND C!M FND CIAI • - - -� -N NI I I` N8W14'50 -VI _2658.35 • -` l- q N88 °14'50 °Y / 2672.74 - >• -q° = 765.00 �G q N ,I I f Ff1D 2 INCH '•FND I CIfA____- ICAPPEO PIPE °W - N89°1146 2638.7---- City of Shorewood, Hennepin County, MN Section 33, Township 117, Range 23 (� Carlson Mc Ca ENGINEERING MINNETONKA. COUNTRY CLUB _ — - R.T. DOC. N0, INSET A �n;�; l�l_ 1- ____ -- w -_ IT(1 L)1� ✓U(_.V R f way A I I n I \� \ ✓ uet N81 °05'35 „E Sothoerly ri9hlo ° good ,25.26 i OC 0 V V 101.75 line f smnnt , n < Iv 879.54 ROAD r' C k9 II // d Pef N /ITI Oir S, ryyh � Jj �) <, �_Cenlerli ne of Smithtown Rlhe North Jlvll I r11 I _ — e2 S t tlen 62 Pe yy9 F' 11 i four' smilniown Road _ ^. 766.33 ' a I /^ V I _ SMIVI 33 az - _ 661.05 an 9 <, <> N If�ITVII -�I�' v1yAV nVIL 1 C)50 135.20 w I nO9e 3 z r= an inl \ I ✓ V V an m, u I 35 ' I �� 182 °1102'E 100.10 1'6664 YE s& CI I'-'vl V I� — �lJ� nAn m - gGOS 2.26 F I r t C 35 1 fo 266, amant� _ _ -North Quarter comer of RV„✓ ,00.36 N Section 33, T.... hip 43.66 m �I 1181 °05'35`E N p 4 r �•I llrl Tnlvriv 117, Range 23 (Ca t — OT D m V r Iran Merumen t) f I No s22o\ o.R Jnu I ri _ _ T pUTL `� NI: NI F_ ,w OUTLOT E /.� 581`05'35 YI -- r ° 42 / 53.DQ fl 1 ��. \ \\ 3 \` �N. J 90 AF O m 3 I N 1 �35 m rr \ _ 121 I I 10r Im 35 D .I� 1 J� 33 fS) % 34.90 1 II pwr 28.76_-' a, -1 '= o_oe °1a'zs' 182.21- - - -I-� I I Sgs \ \ °o / / n R =20p.00 1\ ry / `2 \10 I`YZ I A n )t hl ao95_'s,' - -- 41 - - - -� g 1 I �\ °o,\ \\ / 6 N -> ITn1- d D =11 °46'23” 29 / Q -1 C);j �o °o m _. m ` V I \ a R= 109.99=; =� \� 8.71 I 58864224 •E �,V I zzso I -- - - - - -- _�1100� 4 -- J \\ \ 56 °12'04) 1 / l-_ 17174 30 �_ �= 09`22'07" Im -T - -- \� 49.04 'i� 30 �rD �R= 100.00 / 1 y'o/ D East line o! the Northwest -- - - - -� �y Ito 16.35 r - - -- 587 °J3'3T,Y D C3) lm Iqo warier ar sea an 33, l O o$ p oh r) 2 township II7, Range 23 also D I �m 8 �� - fheVYesflineoffhe t/ oU0 I Silo �ol,�i0 °iIo < 178.68 ° J10 �p °a9� °eel Iw `/R��_- �5p�1g Q /OS14�7'Ok� Nils �'N I70 N, �.J 74 °43 p6n �� \U r-Q I C] Northeast Cuarter of Section -� gyp)° 6 L - - - -- _ 33, Tnnship 117. Range 23 f - ° Too p °olv` y� - -_ -+ _ 1 rOJ�� \i`7 \ u I --000 �I N78°5537'��- _ 50;0. -`\ I^ n dry m m I� po re oN mI lm i-1 s r - - -- 1189°4VI1I E - - -�-1 m �Pp W _ / rp <i -� o IC7 I <� ° 0 =02 °43'28' m o I 1 \ ^ `° o W ° °o,P. �. /,y'v % Z 567°03'37'1'1 I .I '37.09 I-- I III - --0777 �. 1 ' N '`VO. Inm rYe R -35.43 t' �r �3 i ♦•- 101 177.41 - - - -� 30 30 ' ///��� ( In s�� J f z `° Im� eo 4°" p= 33°50.00C'� .27 p0 «Y --- _- .--. -- ___ _ l / I to \\ 1 I _ o 0' 4' . D R 60.53.47` I .a r - - -- —11 I 3 7 as P N I ca T. -/u, y s %�4 op6, s7i o7T E\ = = =� M o 1° I J \ I 1 as_2_ a 4' Qo so. 11^ L - -- OIm PIS Jt6.°e_ J N° w n7 a a �� 1 0o cc 5 1' ��� 5'S2r \ \\ ^il W 7iS 33'V% __J 25 I25 ml I not N �� 8 <- I .�U _1LJ 7 / L 0l IJ 4 I f F / -_ N7?-,, D' hl >a`s s 74s7 o n (� East ss Cc r corner / k I o __ ow °� a I wnnese comer to tne__ oh /� o� si `3,, Q'r Sl^ 11 "E Edge of � �/ _ u 1^+� I (Cast Iran Monument) / wet L 0 9.2 _ Ydtn l� o and f / 14 °z I 4 \ ��\ \\ I /' /g>`n6 \ 'u°�3 1` mil' C41on�.' I u �zoy U 1 `oo I i�- \vl i� I \\ wN m^' / ryp2 F-/ f,�rl ^4 I 4 9 I ev°-i� (•`) v cs m •N7 /'�Ir' / / ° / ^\ 'aa.3z \ 5 \\ o / 25 1.370 \20`3\ Wy o -- _ _ _ 3 ti 56 2'Si' p� \ % I ( II f0/ / x`04° 32, S�q °� i 33 33 I \ awi �25 44' 48 je. N r Northeast Seaton 3, Southwest-- � 'I '° ' i /� �� <��p'I \\�° 725__, /,\ L- v -20080 A / / Cuarter of Section 33, Tnnship 117, J n In I`7 `l 50 3 �'/ s \ / 4 s D,2�g Range 23 (Center of Sect(on) \\ I• V \-J 50 D �8'^ \ 8 \�• / o n o/ `\ \ - - -- - - -East me of the West 476.5 fast ; S88"14'50 "E 53 ,� \ \ \ ', /' a� °, �s\';•, v2 35 ,y /•h mN/ 3� % - _ oa (� ' of Lot 40, AUDITOR'S SUBDIVISICN \ ' -- _ 130.37 9 °' f w \ - 11 f33 (per Sathre -Ber uist, ----- ---- -- o \ \\ - IO g4 r 165.00 40.00 I ncr \i 1 °49'52° ° Inc. Survey doted 8124186.) �: '' NB8 %4'50 "l' / 90.37 o - 139 _ 1 3 Eost fin w ci `< 0th &0 /' S8 �, \ \ \\ �\ ° 1041.02672_74 �Y <\� �In Mda 616 p al= f the ^oath est- I = N O pQuarter of Sectio 33, "7' , ` t' o N �µ Tonnship 117, Range 23 olio 21 L. v 1 }i sS \lC, \Y iO9 �nz ,p\ \22> 3 54.27 _`\ / �k ,y52 iA T� D0p the Wesf line of the I •9 0 nt ` /j; 1 F,r\ \ y =09 °42'56° X R 4 ! / o b ?. R560.00., 1 , z -_ nloa �O m° 55.28' E 8� \ ao / O �O D' 52.06 41 \\6.75 1 �' 1336.371 p Southeast warier of Section 3 00 600e cr �Z 33, Townshi 117, Ran 2J °•� C� A /� \1 \ 3'\ \ 0/ 3dj4 9 3 52 East -Writ Quarter Pro of . p=67o1 170 r� N68 °I4'S0'Y/ ,1 n n R Norge o Y J l.'1 N84 °3108E �,\ `Y/ 1 7' 4°'}Z 1 33 _\ \ I k \ o lV D° T Y t/ I �m p0 Section 33, Township 117, M 56.E J, 11 r L. U I `N ` O- ry`O V� p o / Ran 23 S 300 ?,Z ,t �- -North line of Lot 41, I �mlr4 u, Easterly extension f the o \Sc; iS7 \ �Q Tai'° \ \ \O,j7.o D /'` y'S0� go AO, 6>\ 66 Z Fj% East Quarter Corner of it• ° 9 - -south line of Lot 40, SOT OY 9 \ Section 33, 7orvnshi 117, 1 5 AUDITOR'S SUBDIVISION N0. S.1 1 iC 28 \22, \ S 4 q`ti� ice• ?3 e u`3 ry• ': P 2 \r,.. / �r1a I f33 (South Irne or Lot 40) `s III AUDITOR'S SUBDIVISION \ eJ ,\I \\ s > \p� \ \\ \s` p �j -I Monument C. 133 \ 0`b5 `moo �\ G0699� — �212.3s L; I S88 % 4'50 "E �\ \� °b \ y ^ °M D6p9 no onumen LI I Range 23 (Calculated -- -- Na7ss'srwlsa ... 165.00 9,a \ s \\ % So/ ea ) position, --- West tin of the North 110 2s ° \S�9 P \' \� 36.75 ; °pp kry� mo^o I 616 33 I 'its feet of the East 198 feet of II ``' CJ °\ \s \ss \\ Qi `TO \' q �,y w ` Cat 41, AUDITOR'S i 3 ` �Oi \ 1 G %iy \\ \ ��a9 -� ft= 60.00 ,- -- 569 D f ono , Op BUBOINSION NO. 133 - Southeast corner of \<% \ (x35°05'48" ru South Ifne oXOt�P�ON IIOo 0 0C4 Lat 40, AUDITM, h P� \ \\ ° / °° o SUBDIVISION NO. 133 \ \ O\ Q` r- -feef f the East I98r feet f = J'N \ n P \.gyp �/ C C.L� B ,40, u' O� �o `s SU fV AUDITOR'S j �In 2 Q °N88 °3005 E ._mss -`3 o I M Inh to vz an ^I SUBDIVISION N0. 133 OBI t- �/ I \ \`- t/ 7 \>� ._., S87°59'51 "E n 1� z -_-North -south Quarter lfne of Section \ 9/ m 6- / _ 198.13 `r 33, T wnship 117, Range 23 an v,3 212.35 W_. __ ° '• OUTLOT B oo \ °j �O ° �` "° a� o OUTLOT C \ ' eC �0 a °O''��ry rz C� 7 Drainage & Utility Easement h W6 �° kry ° oer - \ > _ C Ca X60 S er oil of Cullot B pl� I' 2 bs7s ,'I ce'c? o C ] C C F S88°0403 E a __south fine of Lot �• - IL�aJ fY = on 41, AUDITOR'S SUBDIVISION NO. 8 133 (� Carlson McC ENVIRONMENTAL • ENGINEERINain ING O Denotes found Hennepin County Monument Denotes 1/2 inch by 14 Inch Iron monument set or to be 0 set within one year of recording of this plat and marked with Iteense number 40361 0 Denotes found Iron monument o i l cC (/ O -E For the purposes of this plat, the East -West Quarter line of Section 33, Township 117, Range 23, is assumed to have a bearing of North 88°14'50' West. vc IDenotes Wetland delineated by Kjolhaug Environmental Service Company in �_ALI October of 2014. N GRAPHIC SCALE 0 30 60 120 (SCALE IN FEET) SHEET 3 OF 7 SHEETS DRAINAGE AND UTILITY EASEMENTS ARE SHOWN THUS: 30 I 30 0 I V 3a^00�3pi00 1 n being 5 feet In width, and adjoining side lot lines, and 10 feet in width and adjoining right of way lines on otherwise shown on this plat. O Denotes found Hennepin County Monument Denotes 1/2 inch by 14 Inch Iron monument set or to be 0 set within one year of recording of this plat and marked with Iteense number 40361 0 Denotes found Iron monument o i l cC (/ O -E For the purposes of this plat, the East -West Quarter line of Section 33, Township 117, Range 23, is assumed to have a bearing of North 88°14'50' West. vc IDenotes Wetland delineated by Kjolhaug Environmental Service Company in �_ALI October of 2014. N GRAPHIC SCALE 0 30 60 120 (SCALE IN FEET) SHEET 3 OF 7 SHEETS SHEET 4 OF 7 SHEETS MINNETONKA COUNTRY CLUB INSET C -lJ /\ I \)Vlnvl IYhvf_.' L I ^I I�flll 66 \ / "V L. LJI n In a >> ? \ ? >\ n I I 1T L), ^I r�nn 71 ^Inn I n rn -1 s } \ I Vr-1 I�, �. _ -, `V5 L' -,} / -1VL11 1 vl \ ..�VL�L/I v LJIVI v 1 vv. East fns of Let 50, AUDITOR'S SUBDIVISION NO. -- \ Northeast comer of Let 37, -- p -East line of Lot 37, AUDITOR'S 133 (East line of the Northwest Quarter of the f„-�e Iklr� i S00°I7 45 "W "1 "� gUOl iOft'S SUBDIVISION N0. 733 �` 1`V�V 1 SUBDAISION N0, 133 South ea t Quarter of sea. 33, rwP. n7, Rge. z3) wl r l i -1 445.84 v .'v lo-- 641.15 r ` _ ri \- (112) \ _ I I 136.38 "o iM COUNTRY CLUB 655.95 ROAD o Drainage & Utdtty Easement 56 200'18 "IN OUTLOT G aYer a1I of outlat c (/ _ - 1✓ _Edge of \ pl n In /i 8C6.34 i` n -- n 670.75 >nu ; Ylet Lond t n ms's N , 1 \L_.� 1 V V. ,145/ .2 8°-47- 22: 1 9- 3.8z4 l 82.80 62.17 > 1 _ 273.20 -- _223.6-- as V� ^ti m 5`tl - F!Sti6� I I $ol c uo56WET e LAND lnog jIw J I .`WET�LA_ND ---= >Dro & utiity- I pe n•? o °090 / \ \ 1 w ,I: Easement y y `024\6 � \ 11 ry MI l0 12 e\ Edge of -' \ \69 / Easement fib 3p�wat Lana v- aP�a 23 I p ° 1 1 >> \ w f % 10/ 10 \ \ 4n I I p \\ / 7g ), ,�. . / P E s3 s I I JI I P50 s 13 ' 51116 a9 / Ic 6B . '� \\\7 i No 1 1 SZ8b24 r \1\53 b28zc ,. Nj �\ v 15500 5y 16 / /a"I''1 / /// 110 m N78g6,5 250.947. `( p n6�e•1,6 / /0"5 / / IeO Zf �� �� I/ �% 1 2"550• \��VI \ I sy4.� �JI R q2' 1k o / / � a I�.�'N �•e 2 __ A 'j1 •y2 � \ \Sa< i I 'Y`tii3Oryok1 .4,5IE .I ;/,So •50•Goq•S 56 \. _. 3 so.009'W !b' Y /4 14 i �, z xh$gNN k ;> 52 3 I a / / \ / / Cm °Ih n^ R �. ho ,C_. -. ';L / <n5 / /'ag / / \\p 3 o Cl J\ a\ J\ oo� \ / 10 p0 / / s N Io 3 50.00 / N 901„ o/ D' CO. p. / / / / )�n I Ne 22 Lt 15 mh(aspa�� s `! s vP � S 96• // 15 \ /,I r „� /'.\ / i N m F s 6 h` s'ys' \av N b m �5 1 / / t\ °' D / /°` // \ I h °'VP i� I z j� Np� �i'R o8 ID '1 / N I \ 'c g I M °, fib l7 O ✓/ //1j25 p° �OSO:pj / /�, .y5 15 1i /// kS<I- / j /S•yg /// ggA�'I, \-•-' I` •b 7ro9'` '9/36 �� ��i ^'Tx S' ,\pop Na' ° per \ \_-'.' 30.83 - ` me , 16 / / 9.56 j \ I �. p� 35 %9'19" J Ao o. w�: �'� c zsloe", ;�) 8 / / \N. Opp I 0'�S m� 0 60 / / ry6/ / ,p� / a �0 23 \4 m Rp \v e u; l o F 'O/ `� 6 \630///'�'00�51�/�\ �S\sm \-'�90' // / / / \GF. 'tP / /'r \NNE, \ P \'" %% N1i°2z _ J °spool N'.. p / - OUTLOT J c° 1 1 �N� / / \ <S'� a°t i?• N o I hlosf Neste SSd / .r5k 1 }1+10 d's' \I /'1 / / 1 \YS i �� "m I N% oa,r, 25_ we ` -Cotst NY corner of �2 .5�ji/ ^ A• \;S // Sn / O' `? 1n> ��' SUBOl N51 UOI iOR' /e kk 51 F / /5° o / V \ / / / / 'u / / / 9 \ `_. ` \\ 0 0 0 21 ��� av No. S ry rr IY // / o� \� ` (' r / / 17 tiP/ / 5gS ,Vti� G S 38• �\ NN _ /`O °o'o D 1. ;•_ 2.67 a� �- / / ✓'�° 10• / \ \ S 1 5.28.79` >, 20 2 s i -1 NO - i 105 l °N� 9/ ss\ / / v /• \•• 1kk / / \\ r.. .c a `• n N J \ 25 2b 60253'35, 35 "E \'N ag` i 7 47 -_ 74 O C.B: 50354'00 "E `toss\ / /�1 44 t i r •y9 / �` \ e 7 ti 'I 50 UTLO >,1 o ° ° / / /s / \ \ \ `D��� °` 3�/\ _ •37 T I aL. zo6ss r_ \`� ) per- \ p�2 \� n N87 %3.36452 X15 °14'16' �= 32`44'22" a`o 0 5, •�`! / O`Or °ro °s/ 9" \$ / / / / 1 \�/ I°nzln yo° / �T� 79.78 211.42 w •y o VALLEY O C_. o YAL LcL Ev 1 C3 RD. 9y 5j2°' /7 -SO4'09'1 'I _ C.B: 0W 6 �l 19 232.11 /r <?, s,. _ l _ (- M R�t00.00 - 56/ / / \ d• N `SS\ / / •.�'/ /.`� \�0 '1 / / I I� _�\ ` j ry_ Vn 8432 50.\ / i5k / ✓ / 9 /°` 26.80 Y_ 9a 6" I 1 I�H <i' 84.00 11 °1409 tl °n '� Sb o\ / / o°•`Z /' / \s d>1 /'/509 9'13" \ I N7 I 1 Ivin i 1 11 32 \ �d�� •C7 `� /' '/ \S9 \�� `t\ ooh / / . 5"� I 1 I o =-e I 1 I � 1 dam �z \ N 565 // \ Q p� j /// 20 Nis- / ° rr -- .r- \ y1 / // 05 / I N� // 3 / . o y�/ / � I `� m �1 lag 3 �I I °\ O NNN J9 �5 \�v< d�io 1. 's I m' I a o I Iz w °.I I° 2 �I IJ °�o� I o I I ^I I� {/-�� NI IS n\J- £1 (Poq /^\ vim I V 2 pp� / /' \ 5 / / gk� I� /' 25 2y s\ // �ti"iti°> ej zM Drainage o, r\. D <L p0 , `` i I \ I > I I I\ N 0g \ ` /' r I Utility Easement `I ` \ r I, NO2W 5'09 °E I NO2 °15'09 'E r i I I '15'09 p8 °5219 w 1 6435 ' �. 02 "E N = 66 - >15.24 -'10.3 _ - _ - -�. �- = 114.07_ t L- 51.84 _ 62.88. 58.80 71.10 )•20.10 116.57 - �\ 140 71-10 Nliry�.E 117.99 �20.10<; _ N085.37 •Yf �p5`4iN ) /00 \ \ NO2 %5'09 °E °5219 \\ 1 I \ S \ \�j \ oo ti5 --\,' 6 CiLV v w g9 /: \ SS s I \ ,rj0/ • p6 \ \ \S\ r \ \ 96 p /III\ 0 g6p50 rp 2 \' S•°e \\ \ I I' 6 OP 1a \ ✓' 52'29 "E ' K'S \ \' 0`?p> O 4 p�O \\ \\ \ /// 0169 1 VpS\ r?r fig 0.0x' k95 06`\90 \ ��GIO 5 // \1° Ss DRAINAGE AND UTILITY � EASEMENTS ARE SHOWN THUS: \ ( \\ \ 'All 1 1 For the purposes of this plat, the East -West Quarter \ s \ / � � line of Section 33, Township 117, Range Is assumed to SV \\ \ 5�'` I I to have a bearing of North 88 %4'50' Wesl. West. \10 ga r. "o•, \ \ I I Denotes 1/2 Inch by 14 inch Iran monument set or to be o X56 -� I-� -S o e 0 set within one year of recording of this plat and marked with license number 40361 /� JN ,at GRAPHIC SCALE J L-- ___i -_ . Donates found > an monument (A- 198.0) Denotes distance per AUDITOR'S SUBDIVISION NO. 133 Carlson )McCain / 0 30 60 120 being 5 feet in width, and adjoining side lot lines, nd 10 feet in width nd djoining right of way ,A Denotes Wetland delineated by Kjolhaug Environmental I (SCALE IN FEET) lines unless otherwise shown on this plat. �<I Service Company In October of 2014. ENVIRONMENTAL- ENGINEERING- SURVEYING SHEET 5 OF 7 SHEET'. 05924'34'E 112.58 East line of the westerly---, 14 feet of Let 50, ,C AUDITOR'S SUBDIVISION "♦ NO. 133 '� ¢ C Yg9¢3,R0 -- -loaf .dine most South ,, 14D F (eat of Lof 50, AUDITOR'S SUBDIV1510N N0. 133 East line of Lot 38, AUDITOR'S - - -_ SUBDIVISION! NO. t33 ° OUTLOT P _ O rr; I I xm rr) (rf) 3 rn fn I 6s.aa °43'57 °E � _ i I N89 CJ oa'I N88 ° m17 p= - _ 1u0 o0f12 0 Z C Yg9¢3,R0 -- -loaf .dine most South ,, 14D F (eat of Lof 50, AUDITOR'S SUBDIV1510N N0. 133 East line of Lot 38, AUDITOR'S - - -_ SUBDIVISION! NO. t33 '> oz OUTLOT P _ C. =62 R= 510.00 (71\ S \ 1 xm R.T. DOC. NO. — (rf) 3 rn fn I N0. 133 j NK I Towrtshlp 117, Range 23 O ItJ' � y\ SUBDIVISION NO. 133 N88 ° �krery�rD. p= I C Yg9¢3,R0 -- -loaf .dine most South ,, 14D F (eat of Lof 50, AUDITOR'S SUBDIV1510N N0. 133 East line of Lot 38, AUDITOR'S - - -_ SUBDIVISION! NO. t33 Uns parallel r'th the_- E Edge of Wat Lord -, South line of the Northeast E1 C. =62 R= 510.00 gO �pP \ 1 \ . - R.T. DOC. NO. — 591.67 N0. 133 j Southerly line of Lot--' Towrtshlp 117, Range 23 36, AUDITOR'S y\ SUBDIVISION NO. 133 N88 ° �krery�rD. p= zls,A !L / /1 v Lj v i 1v% I/ i v AI /I C.B: N78°40'16 "Y/ O,L= 562.52 Uns parallel r'th the_- E Edge of Wat Lord -, South line of the Northeast _ N C. =62 R= 510.00 North line of Lot 57, \ \ 1 \ . - R.T. DOC. NO. — 591.67 N0. 133 j /- - Towrtshlp 117, Range 23 -494. 463.,41 1 —y� N N88 ° C.R. DOC. NO. p= — .t .— ° 12 `i°3s�y Southeast comer of Lt B, AUDITR'S SUBDIVISION 33 0. zs x . M I N N E T 0 N AA )- B pS YI 318 73.73 586 °41'47 °W N8I 4p 3B•Vl V_- �oh �� COUNTRY I ea J `o[Y C L U B v5c / INSET D r E, 0 Edge of Wet Lord--,, OUTLOT L Drainage & Utility Easement over all of outlot L `71E�0 ' -Edge of Wet Lord r, 1 LAND 47.80 / Uns parallel r'th the_- E Edge of Wat Lord -, South line of the Northeast _ N Easterly floe of Lot--- \ North line of Lot 57, \ \ 1 \ . - AUDITOR'S ` N0. 133 j /- - Towrtshlp 117, Range 23 —y� N N88 ° A A f A N!^ r -; `-r A Try I L-`: I I I N DRAINAGE AND UTILITY EASEMENTS ARE SHOWN THUS: II 5 - +i -- II II II i II i i GRAPHIC SCALE - -- - - - -J L - - - -- -- 0 50 100 200 1 being 5 feet In width, and adjoining side lot lines, (SCALE IN FEET nd 10 feet in width and adjoining right of way ) lines unless otherwise show this plot. 47 FOUND Jul ;,,-_38.25 o N88 °43'12" w 352.77 S08°03'01 "E (tA- N89 °32'14'YQ N00 °04'18 "W :� 1 N89 °31'01 "W I j1 \_ -N rfherly extension (M- Roo °53'20 'VQ r (Jul Northeast comer - -' 1 of the easterly line j Nerthed a,-- ' O1 123.$6 of SPRUCE HILL (� 1\ of SPRUCE HILL 1 r'� y extension J� f 1 ' 1 \1 the west line of of 3, FO N88 °43'12 "VY`\ PONNEV' /ASHTA PARK S (IA-N89°32'14 "YI \ 'EXCEPTION --__ o a H �o ) \ South line of Lot 62, AUDITCR'S _ y. 1' I • 1 SUBDIVISION NO. 133 per the plat +` \ wo L� South Itne of the flarth - -' of SPRUCE HILL - %p I 1\ A o 50 at of Lot 55, 1 AUDITOR'S SUBDIVISION o I (r) 11 IV A/1 TT A r\r\ITI/lNI N0. 133 1V I 1 / -1UU11 IVl v _L_ r71L_L- I O C7 I ov ZZ w For the purposes of this plat, the East -West Ouarter line of Section 33, Township 117, Range 23, Is assumed to have a bearing of North 88 %4'50' West. ® Denotes Judicial Landmark at per Torrens Case No. 16430 O Denotes found Hennepin County Monument Denotes 1/2 Inch by 14 Inch Iron monument set or to be 0 set wthin one year of recording of this plat and marked with license number 40361 Denotes found Iron monument (M-1`489°32'14* VI) Denotes Bearing per MOTT ADDITION Denotes Wetland delineated by Kjdhaug Environmental 111, Company in October of 2014. C� C_7 - -1 C7 0 3 n, 0 0 0 o sZ kT LAND Edge of IYeI Land In� i zl 1 v; I�I A'aO 1 v 7L 1 E, 1 �t t ;w 1 195 �7 ` -Edge of IYeI Land I II y Imo' ,,vi, ne of the Northwest puarfer oas 1 r' f toutheast Quarter of Secttvn LAND ° 0 ! i 33, Township 117, Range 23 1 57 N86!!.20 7"VY -- - - -� -- 4.20 �,' Edge of Wet Land found) fl 11/ I >1 I - IOII1 I IS 1 1 a / Illn� t I i I I I N D O_ 1 n OUTLOT L Drainage & Utility Easement over all of Outlot L s4.az -, I % ", 287.97 24.73 =; m — TRAIL 4YU.o� „ _ p =11 °05'00' 1 / gyp= 30°25'58 o FOUND du1 S88°210'48 "1Y .JCI_� vnj'8 , "°vim 28 „S 2°2036” a R. Ilnr r-- /[ -Ir-I 1 loo n r�nlTljf Carlson UL_L_� \I IL_L -VS /1VUf I IVI V I /CIA /I� A rl rllTl/lN I \2 VVr\ nV17111VrV South Quarter Ca ger of (2 ,cn 33. - -. McCain Township 117, Range 23 (2 Inch capped pipe) � ENVIRONMENTAL• ENGINEERING + SURVEYING SHEET 6 OF 7 SHEETS For the purposes of this plat, the East -West Ouarter line of Section 33, Township 117, Range 23, Is assumed to have a bearing of North 88 %4'50' West. ® Denotes Judicial Landmark at per Torrens Case No. 16430 O Denotes found Hennepin County Monument Denotes 1/2 Inch by 14 Inch Iron monument set or to be 0 set wthin one year of recording of this plat and marked with license number 40361 Denotes found Iron monument (M-1`489°32'14* VI) Denotes Bearing per MOTT ADDITION Denotes Wetland delineated by Kjdhaug Environmental 111, Company in October of 2014. C� C_7 - -1 C7 0 3 n, 0 0 0 o sZ kT LAND Edge of IYeI Land In� i zl 1 v; I�I A'aO 1 v 7L 1 E, 1 �t t ;w 1 195 �7 ` -Edge of IYeI Land I II y Imo' ,,vi, ne of the Northwest puarfer oas 1 r' f toutheast Quarter of Secttvn LAND ° 0 ! i 33, Township 117, Range 23 1 57 N86!!.20 7"VY -- - - -� -- 4.20 �,' Edge of Wet Land found) fl 11/ I >1 I - IOII1 I IS 1 1 a / Illn� t I i I I I N D O_ 1 n OUTLOT L Drainage & Utility Easement over all of Outlot L s4.az -, I % ", 287.97 24.73 =; m — TRAIL 4YU.o� „ _ p =11 °05'00' 1 / gyp= 30°25'58 o FOUND du1 S88°210'48 "1Y .JCI_� vnj'8 , "°vim 28 „S 2°2036” a R. Ilnr r-- /[ -Ir-I 1 loo n r�nlTljf Carlson UL_L_� \I IL_L -VS /1VUf I IVI V I /CIA /I� A rl rllTl/lN I \2 VVr\ nV17111VrV South Quarter Ca ger of (2 ,cn 33. - -. McCain Township 117, Range 23 (2 Inch capped pipe) � ENVIRONMENTAL• ENGINEERING + SURVEYING SHEET 6 OF 7 SHEETS SHEET 6 OF 7 SHEETS MINNETONKA COUNTRY SUBDIVISION N0. 133 CLUB INSET E Northwest acme of 38, AUDITOR'S r SUBDIVISION f10. 133 R °180S64s" 2, /` ivM1I L'r✓ , CJ Yj 161 ?i 604 f C� 894 wf Ss _ I SUBDIVISION N0. 133 I Ivo �Jlvl eGc nl ITT /�T^ 9%9, j Ode h o un 0o`o J F b ne'raoerf 'I-, n /� VV I L_V I `'ne (hfo n Rahe N d of "� _ — 4�f4 13 JL S75 °15'48 "E CJ R,8 18,40 n m _ / ' 29.06 C In (,_) T \nI�J I v 1 cr- ✓ r� v f•- M1V L,; v R °180S64s" 2, /` ivM1I L'r✓ , CJ Yj 161 ?i 604 f C� 894 wf Ss _ I 43 s` I fY I Q I (.7 L) I I 43 327.64 22 N89°22'16 "W N001 WO, -�- _EXCEPTION _ 45 r Southeast comer of Lot . 1, AdEEKER'S OUTLOTS TO __South Ifne of Lot I, EXCELSIOR o MEEKER'S OUTLOTS TO EXCELSIOR `oF °uo �!ao e Kyl "WU In°EW SUBDIVISION N0. 133 I Ivo , eGc nl ITT /�T^ 9%9, j Ode h o un 0o`o J F b ne'raoerf 'I-, n /� VV I L_V I `'ne (hfo n Rahe N d of "� _ — 4�f4 13 I m � od r(h / R,8 18,40 n m =wily VL 0U - -_ -- 1 3My I ;'m WET LAND /''- //- �_� ° 5 ° —_��� �— ter, 1 43 s` I fY I Q I (.7 L) I I 43 327.64 22 N89°22'16 "W N001 WO, -�- _EXCEPTION _ 45 r Southeast comer of Lot . 1, AdEEKER'S OUTLOTS TO __South Ifne of Lot I, EXCELSIOR o MEEKER'S OUTLOTS TO EXCELSIOR `oF °uo �!ao e Kyl "WU In°EW SUBDIVISION N0. 133 I Ivo , eGc nl ITT /�T^ nVLJI I VI \ v I nil n ^Innl nln 4"' .: VfLjLl v IJIVI v rVV. /� VV I L_V I Ivy �N I , WET LAND // i 0 (,., the v lest line of the Northeast Quarter of Section m =wily VL o.r - -_ -- -- - -- I z I //- �_� ° 5 ° —_��� �— ter, 1 - -Edge of Wet Land -= ' ` - - - -� I 3 OUTLOT N - I >s • Denotes found Iron monument � I 45.6 feet- North from the Southeast corner of ofd Lot 1 to a an the West ♦ Edge of Wet Land - - -� >P 1, distant fir North f(roamd the So hwest 40 feet \III I Service Company in October of 2014. y� thereof °OTC 1•� UL_L_�'.1 ENVIRONMENTAL, ENGINEERING , SURVEYING I - -East line of Lot 38, I I AUDITOR'S SUSOIVISID c. 0 I T 3 I zz ITIO. I I I Lu a 0 a � I I I I 16 I N88 °20'06 " W, I ___North line , SUBDIVISION f Lot 40, AUDITOR'S N0, 133 WET LAND West Quarter Corner of Section - - -33, Township 117, Range 23 ' \ (Cast Ircn honument) ItN88 °14'50'w 1001.09 rl __ - -� N88 °14'50 "W 328.09 --- -� North line of the Northeast Cuarter -__� /�-- of he saathwest Quarter of Section _ / 33, Tovmship i17, Range (East -West Quarter line) �I 1 r/M1 nr -r -It r -D^ East line of Lot I, fAEE7CER'5 - OUTLOiS TO -_ EXCELSIOR (West Ifne of Lot 38, AUDITOR'S f' ` -Edge of Wet Land 43 s` I fY I Q I (.7 L) I I 43 327.64 22 N89°22'16 "W N001 WO, -�- _EXCEPTION _ 45 r Southeast comer of Lot . 1, AdEEKER'S OUTLOTS TO __South Ifne of Lot I, EXCELSIOR o MEEKER'S OUTLOTS TO EXCELSIOR `oF °uo �!ao e Kyl "WU In°EW SUBDIVISION N0. 133 I Ivo , eGc nl ITT /�T^ nVLJI I VI \ v I nil n ^Innl nln 4"' .: VfLjLl v IJIVI v rVV. /� VV I L_V I Ivy �N I , WET LAND // i 0 (,., the v lest line of the Northeast Quarter of Section m =wily VL d'O I`�I Imo I so nr�(j1J ✓ z ° 5 ° —_��� �— ter, and= ' I ..ru -_` I "I t° I - w E Edge of Wet Land--' Denotes 1/2 Inch by 14 inch Iron monument set or to be ` - - - -� I 'S` � OUTLOT N - 33 Une drann Irom \"11 a point on the East line of Lot 1, distant • Denotes found Iron monument � I 45.6 feet- North from the Southeast corner of ofd Lot 1 to a an the West ♦ Edge of Wet Land - - -� >P 1, distant fir North f(roamd the So hwest 40 feet \III I Service Company in October of 2014. y� thereof °OTC 1•� UL_L_�'.1 ENVIRONMENTAL, ENGINEERING , SURVEYING I - -East line of Lot 38, I I AUDITOR'S SUSOIVISID c. 0 I T 3 43 s` I fY I Q I (.7 L) I I 43 327.64 22 N89°22'16 "W N001 WO, -�- _EXCEPTION _ 45 r Southeast comer of Lot . 1, AdEEKER'S OUTLOTS TO __South Ifne of Lot I, EXCELSIOR o MEEKER'S OUTLOTS TO EXCELSIOR `oF °uo �!ao e Kyl "WU In°EW "'el Westerly fine of Let---' i 50, AUDITOR'S SUBDIVISION NO. t33 1 I I Southwest corner of Let 38, AUDITCR'S SUBDIVISION N0. 133 Southerly Ifne of Let 38, AUDITOR'S--- - SUBDIVISION NO. 133 _. — — II N89°24'34'E VI I h I Ivo AI � nVLJI I VI \ v I nil n ^Innl nln 4"' .: VfLjLl v IJIVI v rVV. M= «z 3 b, Ivy �N I , oQ '-In ul « m V tO M For the purposes of this plot, the East -West Quarter (,., the v lest line of the Northeast Quarter of Section "'el Westerly fine of Let---' i 50, AUDITOR'S SUBDIVISION NO. t33 1 I I Southwest corner of Let 38, AUDITCR'S SUBDIVISION N0. 133 Southerly Ifne of Let 38, AUDITOR'S--- - SUBDIVISION NO. 133 _. — — II N89°24'34'E N88 %4'S0'YI i v Eosf line of the West 478.5 feet -. `r v of Let 40, AUDITOR'S SUBDIVSIOY LN0.133 "`- — — — — — — — — — _ — '39.4— C E I 0 r S 463.4 i �'49'IO pg^ C.L =449.32 C.B. =N85°28'33 "W 62 ^ I 651.7 `- Southeast . of Lot 38. AUDITOR'S SUBDIVISION ND. 133 North Quarter Corner of -_ I `v\ Range 23 (Cast Iron EASEMENTS ARE SHOWN THUS: Alanument) I II I � I , nUtJl For the purposes of this plot, the East -West Quarter (,., the v lest line of the Northeast Quarter of Section .iii✓ =wily VL I`�I Imo I so nr�(j1J ✓ _ ° 5 ° —_��� �— ter, I Denotes 1/2 Inch by 14 inch Iron monument set or to be $iviiTHT= rri=- - - - -� I - - _ _ - _ _ _ _ - I I - 0 30 60 120 I • Denotes found Iron monument � I } being 5 feet N width, and adjoining side lot lines, and 10 feet in width and odjointng right of way I Weiland delineated by Ktolhaug Environmental 'd`� I I?'___I >P vL,vl Service Company in October of 2014. nwi i vi I ENVIRONMENTAL, ENGINEERING , SURVEYING I - -East line of Lot 38, I I AUDITOR'S SUSOIVISID c. 0 I T 3 I 133 ITIO. I I I Lu a 0 a � I I I I on O M NcV I I N88 °20'06 " W, I ___North line , SUBDIVISION f Lot 40, AUDITOR'S N0, 133 N88 %4'S0'YI i v Eosf line of the West 478.5 feet -. `r v of Let 40, AUDITOR'S SUBDIVSIOY LN0.133 "`- — — — — — — — — — _ — '39.4— C E I 0 r S 463.4 i �'49'IO pg^ C.L =449.32 C.B. =N85°28'33 "W 62 ^ I 651.7 `- Southeast . of Lot 38. AUDITOR'S SUBDIVISION ND. 133 North Quarter Corner of -_ Section 33, Township 117, `v\ Range 23 (Cast Iron EASEMENTS ARE SHOWN THUS: Alanument) , I II I 211 I 1 Eosf line of the Northwest - Cuarter of Section 33, , II --1_� Township Range 23 also For the purposes of this plot, the East -West Quarter (,., the v lest line of the Northeast Quarter of Section 33, Township ft7, Range 23 , I I`�I Imo I = Iz >II , I I I i21II I Northeast comer of the Southwester Quarter of Section 33, Tonnship 117, Range 23 (Center of Secffon) _ i J? I II Oo East line of the Southwest___ = p Quarter of Section 33 O°o the TownY/eship 117, Range 23 also 00 O st line of the z Southeast Quarter of Section 33, Townsfiip 117, Range 23 Nml N ,- No h me of Let 41, W �I ,I E"" y extension of fne sea n >a�1 AUDITOR'S SUBDIVISION N0. ! line of Cot 40, AUDITOR'S I i33 (South Ifne of Lot 40) �rp SUBDINS/OV N0. 133 — 12t2.3s 4'50 "E N87`59'S1'W -- �-� e1 .00 -- - -f %est line of the Narfh 110 I feet of the East 198 feet of I 41, AUDITOR'S t c 0 o SUBDIVISION N0. 133 j ome of Cof ��7 I ITOR'S r 1 O South lineXor�nn Norh 110 ION N0. i33 feet of he East 198 (eel f at 41, SUBDIVISIO, NO f33 I S87 °59'51 "E i 198.13 oC� P PLO Ili — N- I - <. �- -South line of Lot 4i, Q3 AUDITOR'S SUBDIWS, ff0. 133 N DRAINAGE AND UTILITY EASEMENTS ARE SHOWN THUS: II For the purposes of this plot, the East -West Quarter I line of Section 33, Township 117, Range 23, is assumed to have a bearing of North 88°14'50' West. I G Denotes found Hennepin County Monument ° 5 ° I Denotes 1/2 Inch by 14 inch Iron monument set or to be i J L i O set with(n one year of record(ng of this plat and marked GRAPHIC SCALE - - _ _ - _ _ _ _ - with license number 40361 Carlson 0 30 60 120 i • Denotes found Iron monument )McCain } being 5 feet N width, and adjoining side lot lines, and 10 feet in width and odjointng right of way I Weiland delineated by Ktolhaug Environmental 'd`� I I?'___I (SCALE IN FEET) Tines unless otherwise shown on this plat. Service Company in October of 2014. ENVIRONMENTAL, ENGINEERING , SURVEYING SHEET 7 OF 7 SHEETS City of Shorewood Vegetation Management Areas Planting Plan & Maintenance Manual Minnetonka Country Club As part of the Minnetonka County Club residential development project, over 40 acres of land will be dedicated to the City for preservation of natural area /open space that can be accessed by residents via a trail system. These natural areas will encompass portions of existing wetlands, tree preservation areas, a wetland mitigation area, stormwater features, and former golf fairway areas. The attached Vegetation Management Areas (Figure 1) shows the general location of City - controlled natural areas which will include the Native Vegetation Areas and Low Maintenance Eco Turf /Grass Areas shown on Figure 1. Management of indicated wetlands, mitigation, and tree preservation areas will be the responsibility of others. After construction activities have ceased on the site, Vegetation Management Areas will be seeded with the appropriate seed mixes and management will be implemented. General protocols for these management areas are described in the following sections. As is the case with all vegetation management plans, adjustments to the plan may be required to meet management goals. L Native Vegetation Areas A. Planting Plan Site Preparation & Seeding (assuming fall seeding) Native Vegetation Areas will first be decompacted to a depth of 18 inches and organic matter will be incorporated into soils, and then fine graded /smoothed before the seeding work begins (to be done by the general contractor or excavator). The areas will be left /avoided for a minimum of 30 days to allow weeds to germinate and regrow. A broad spectrum herbicide treatment will be applied per manufacturer's directions. Herbicide treatment areas will be left /avoided for a minimum of 30 days before native seeding commences. Dead vegetation will be removed or mowed, and the soil will be disked or tilled to create an open seedbed. The soil will be harrowed or raked to create a smooth seedbed, and a roller or cultipacker will be used to create a firm seedbed. All seed will be applied by broadcasting, drilling, or as otherwise recommended by the contracted revegetation specialist. Harrowing or raking will follow all grass seeding. The proposed seed mix and rate for native vegetation area on the Minnetonka Country Club site is State Seed Mix 35 -241 (Mesic Prairie General) or similar at a rate of 11.5 lbs /acre PLS, and 25.0 lbs /acre of cover crop. Vegetation Areas Maintenance Manual — Minnetonka Country Club, Shorewood Page 1 of 4 Exhibit E Native seed mix actually used will depend on the hydrologic conditions of the landscape post grading and seed availability. Seed will be purchased from a reputable seed company and will be of local origin. Erosion Control Newly seeded areas will be mulched with clean straw at a rate of 1.5 tons per acre. The straw will be disk anchored, where accessible. Upon completion of seed installation, a site visit will be conducted with the vegetation contractor to confirm seeding was consistent with the approved plan and collect seed tags (if available). B. Establishment and Maintenance Plan A standard maintenance plan for areas seeded and established with native species is provided below. The intent of the management plan is to: 1) promote the growth of native species, and 2) control noxious and /or invasive species such as Canada thistle. When a noxious or invasive species occurs, the appropriate technique to control or eliminate that species should be implemented. Year 1 Management Mow 2 -3 times with mower deck 6 -8 inches off the ground to prevent development of weedy species • Spot spray perennial weedy species as needed Year 1 Evaluation • Cover crop will be gone unless winter wheat was used in a fall planting • Grasses forming clumps 1 -6 inches apart in drill rows, but still short • Some flowers should be blooming • Flush growth of foxtail and other annuals may indicate need for more frequent mowing • Supplemental seeding if needed Year 2 Management • Mow 1 -2 times with mower deck/bar approximately 12 inches off the ground to control weedy annuals • Spot spray perennial weedy species as needed • Supplemental seeding if needed Year 2 Evaluation • Plantings should include a diverse mixture of native grasses and forbs • Plantings should not include more than 50% invasive species Vegetation Areas Maintenance Manual — Minnetonka Country Club, Shorewood Page 2 of 4 Year 3 Management • Mow as needed with mower deck approximately 12 inches off the ground to control weedy annuals • Spot spray perennial weedy species as needed • Plantings should include a diverse mixture of native grasses and forbs • Supplemental seeding if needed Year 3 Evaluation • Plantings should include a diverse mixture of native grasses and forbs • Plantings should not include more than Plantings should not include more than 50% invasive species Year 4/Long -term Management • Mowing not necessary or only in portions of the project site with weed problems • Spot spraying of perennial weeds if needed • Optional burning in a 3 -5 year rotation alternating spring and fall burns • Optional haying in a 3 -5 year rotation late summer or early fall. Alternate with burning or substitute for burning • Supplemental seeding if needed • Plantings should not include more than 50% invasive species II. Eco Turf / Grass Areas A. Planting Plan Site Preparation & Seeding (assumingfall seeding) Native Vegetation Areas will first be decompacted to a depth of 18 inches and organic matter will be incorporated into soils, and then fine graded /smoothed before the seeding work begins (to be done by the general contractor or excavator). The areas will be left /avoided for a minimum of 30 days to allow weeds to germinate and regrow. A broad spectrum herbicide treatment will be applied per manufacturer's directions. Herbicide treatment areas will be left/avoided for a minimum of 30 days before native seeding commences. Dead vegetation will be removed or mowed, and the soil will be disked or tilled to create an open seedbed. The soil will be harrowed or raked to create a smooth seedbed, and a roller or cultipacker will be used to create a firm seedbed. All seed will be applied by broadcasting, drilling, or as otherwise recommended by the contracted revegetation specialist. Harrowing or raking will follow all grass seeding. Vegetation Areas Maintenance Manual — Minnetonka Country Club, Shorewood Page 3 of 4 The proposed seed mix and rate for eco turf / grass areas on the Minnetonka Country Club site is a low maintenance fescue mix or similar at a rate of 200 lbs /acre PLS. Erosion Control Newly seeded areas will be mulched with clean straw at a rate of 1.5 tons per acre. The straw will be disk anchored, where accessible. Upon completion of seed installation, a site visit will be conducted with the vegetation contractor to confirm seeding was consistent with the approved plan and collect seed tags (if available). B. Establishment and Maintenance Plan A standard maintenance plan for areas seeded and established with low maintenance eco turf or grass species is provided below. The intent of the management plan is to: 1) promote the growth of grass cover, and 2) control noxious and /or invasive species such as Canada thistle. When a noxious or invasive species occurs, the appropriate technique to control or eliminate that species should be implemented. Broadleaf herbicides may be used as needed. Fertilizer application is not recommended. Year 1 Management • Mow area 2 to 3 times annually with mower deck 6 to 8 inches off the ground prior to seed set of weedy species • Spot spray annual /perennial weedy species as needed with appropriate herbicide Year 1 Evaluation • Flush growth of annual weeds may indicate need for more frequent mowing • Supplemental seeding if desired • Dominance goal < 50% noxious weed species • Supplement seeding of bare soil /herbicide kill areas larger than 1/4 -acre in size Year 2 /Long -Term Management • Mow area 2 to 3 times annually or as needed with mower deck 6 to 8 inches off the ground prior to seed set of weedy species • Spot spray perennial /biannual weedy species as needed with appropriate herbicide • Supplemental seeding if needed /desired • Dominance goal < 10% noxious weed species Vegetation Areas Maintenance Manual — Minnetonka Country Club, Shorewood Page 4 of 4 r h s �z C) r� z O 7 � CD rrt h9 ra n O o m m n O 0 _ 0 W d '2 z Vq fl Lxeas4 z m CD = 8 f° ID y7 N N y O O CS D M ow I m O I R O C -i o C C p Vi C R •= O. .7 Y� It r V �1 IN K A CD P} yO to r1 O C G w O z N C) r� z o -p z � m- 6 CD \V (D trJ n r� 1�- ®a CD - O rt Q O W O O O W C !✓ C C � � Q � Z CD v o (D `D CD CC G7 vC v ED c D CD ot O. CD 1 omw 0 a l�• O ri- 1 V a) - - Cif \� J��Zyn �'• .j• .N� r Y .a:r . - � .. ��'�;. 1;11 � -i * , _ _• -- - - J Vil t � _._ .�.. �� \ +w:.w .. � , • 111P A�J 1' I IK _. s t .T %T Y t�'r , :r r� O C A? p rn .O•s � � � O Fsl COD C -t �r c 0 CD 0 r O O O ot O. CD 1 omw 0 a l�• O ri- 1 V a) - - Cif \� J��Zyn �'• .j• .N� r Y .a:r . - � .. ��'�;. 1;11 � -i * , _ _• -- - - J Vil t � _._ .�.. �� \ +w:.w .. � , • 111P A�J 1' I IK _. s t .T %T Y t�'r , :r i i ! i ! ! i I I -- - -' - -r i I i I I i i iqpii SHOREWOOD, MINNESOTA ' I -s- I/ / ----- 1, Irr - - - - - -- VICINITY MAP e.A&. E. SITE t N r I NOT TO SCALE SUMMARY PHASE I 72 LOTS PHASE II 37 LOTS PHASE III 33 LOTS 142 LOTS N 0 100 200 400 BENCHMARKS 1. SPIKE IN POWER POLE ±190 FT. EAST OF SAMS WAY ON NORTH SIDE OF YELLOWSTONE TRAIL ELEVATION: 964.73 (NAVD 88) 2. RAILROAD SPIKE W POWER POLE AT THE NORTHWEST OUADRAt1T OF YELLOVSTONE TRAIL AND CLUB VALLEY ROAD. ELEVATION: 976.86 (NAND 88) CALL BEFORE YOU DK) / )ki; o A,4,\Know what's below. Call before you dig. (� Carlson 3890 Pheasant Ridge Drive NE, State 100 1 hereby ca dfl that this plan, specification Print Name: Brian J. Krvst2 r Dawn: I'D MATT9AMY HOMES I .envlronmentai I Blalne,plN 88014 I°r repo" was prepared hyme°rundermy I I1. 0]/12/16 Rev.1 °tray °°tiler °wrier MINNETONKA COUNTRY CLUB • engineering Phone: (763)489 -7900 dh- adsup— W.nandthatIamad0y 5!gnature: 2 B]K 7201 Washington Avenue -Suite 201 McCain I .s0neying Fax: (763)489 -7959 UcensedPOfessionalEnglneerunder Edina, MN 55439 Shorewood, Minnesota Exhibit F YMNI,Cdrlsen mcea!n,Cem thesaws of the srate of Mlnnes°ta Date: 11/23/15 Ucensea. 25063 hate: ti/23/I5 -- .T[-- -- I I MATTAMY HOMES I MINNETONKA COUNTRY CLUB 7201 Washington Avenue - Suite 201 Shorewood, Minnesota Edina, MN 55439 ANITY MAP I S Exhibit G Carlson • McCain •environmental •engineering surveying 3890 Pheasant Ridge Drive Blaine, FIN 55014 Phone: (763) 489 -7900 Fax: (763)489 -7959 wwW.rarlsonmccain.com NE, Suite 100 I hereby certify that this plan, SpedBCatbn Prinl Name: Brian J. Krystollak, P.E. or report rras preps ed by me ar under my direct supervision and that f am a duly Signature: a /Gp p- I—lu Prohlsl't rEngineerunder r the laws of the State of Minnesota Dale: 3/28/16 License #: 25063 Drawn: LOC Designed: BJK Date: 3/28116 Revisions: -- .T[-- -- I I MATTAMY HOMES I MINNETONKA COUNTRY CLUB 7201 Washington Avenue - Suite 201 Shorewood, Minnesota Edina, MN 55439 ANITY MAP I S Exhibit G iF---- - - - - -1 3890 Pheasant Ridge Drive NE, Suite 100 I hereby certify that this plan, spedflcatlon Pont His— Brian J. Krvstofiak, P.E. Drawn: LCt MATTAMY HOMES Carlson I :enylronmental Blalne, IN 55014 repor was prepared by me or under my MINNETONKA COUNTRY CLUB • engineering Plane: (763)489 -7900 dle sup— Isionand thatIamaduly SlgnaNre: -- Desl9ned: B7K 7201 Washington Avenue -Suite 201 SETBACK EXHIBIT McCain 1:s" in9 Fax: (763)489 -7959 rensedProfe ionalEngineerunder — a Edina, MN 55439 Shorewood, Minnesota Www.rarisonmccain.-nn the laws of the State of 1,11nnesuta Date: 3/28/16 lca— 1: 25063 Date: 3/28/16 PARK 1 I I I — 1 I I I I —L_ CLE S2 of 2 Building a legacy your legacy. 477 Temperance Street St. Paul, MN 55101 Tel: 651-286-8450 Fax: 651-286-8488 June 8, 2016 Mr. Brad Nielsen, Planning Director City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Re: Minnetonka Country Club Development Utility and Street Plan Review 2 - Phase 1 Development Area City Project No. 14-13 WSB Project No. 02925-120 Dear Mr. Nielsen: We have reviewed the Phase 1 area utility and street plan resubmittal that includes the sanitary sewer, watermain, storm sewer, street, and trail/sidewalk improvements for the Minnetonka Country Club Development. Plans are prepared by Carlson McCain,and the revisions dated May 18, 2016. We have the following comments and recommendations for the plan D;“;©Œ 1.Prior to the start of any construction, the permit will need to be obtained from the MnDOH for Watermain Extension. 2.Please provide narrative to the following storm water management Development Stage Plan Review dated November 24, 2015: Storm Water Management 1.The existing storm sewer outlet south of the plat to Lake Minnew will need to be rehabilitated or replaced depending upon the condition of the clay and corrugated metal storm pipe is to be replaced in Shorew this storm sewer is in the City of Chanhassen and their requiremary from the City of Shorewood. 2.The culvert crossing Smithtown Road west of Ayrshire Lane is to development storm sewer system. 3.The storm water management plan indicates the estimated site imp construction is completed is estimated to be 20.37 acres. It is estimated that this number including the max allowable per lot impervious and the co Equal Opportunity Employer wsbeng.com K:\02925-120\Admin\Docs\LTR_PTH-BNielsen-060816-Utility And Street Improvements plan review - Phase 1 Area.docx Mr. Brad Nielsen June 8, 2016 Page 2 streets, sidewalks, and trails could be as high as 22 percent. P demonstrating how the site impervious percentage is as low as 17 percent. 4.The stormwater management plan indicates that volume control is due to being exempt by the Minnehaha Creek Watershed District; h should be classified as redevelopment and not new development, therefore triggering the redevelopment standard of their rule. This will r phosphorus control, rate control, and volume control standards b 5. adopted by ordinance, requires the abstraction via infiltration, evapotrans capture, and/or reuse of one inch of rainfall from the site. The demonstrate compliance with this requirement. Where site soils d infiltration flexibility may be given, but at a minimum the applicant will need t demonstrate through modeling that the phosphorus loads are not i comparing existing and proposed conditions. 6.plan, as adopted by ordinance, requires design calculations demonstrating 10%, and 99% chance storm events that the runoff rates do not in- development conditions. The applicant has provided modeling demo compliance with this requirement. 7. adopted by ordinance, requires treatment to NURP standards prior discharges to a lake, stream, or wetland and prior to discharge The applicant has provided NURP ponding demonstrating compliance wit requirement. 8. adopted by ordinance, requires that the minimum building elevati 3 feet above the project 100-year water elevation. The following lot low openings shall be adjusted to meet this requirement: 33, 139, 140, 162, 163, 211, and 212. {·©;;·­r {z7;ÞŒ‰­r “7 ©zŒ­ 1.Need to revise plans so all notes, call outs and stationing are gible including consistency with contours and building elevations (sheet 18 not remaining street construction plans). 2.Show utility easement locations on all plan sheets. K:\02925-120\Admin\Docs\LTR_PTH-BNielsen-060816-Utility And Street Improvements plan review - Phase 1 Area.docx Mr. Brad Nielsen June 8, 2016 Page 3 3.specify restoration at Yellowstone Trail and Country Club Road. 4.Revise the cul-de-sac radius to measure 45 feet to face of curb. 5.The following locations do not meet the minimum curve length of 90 feet to meet a 30 MPH design speed but may remain due to lower speeds of approach to intersections and cul de sac terminus and for drainage purposes: Wooden Cleek Drive (STA 1+00, 5+00), Bentgrass Way (STA 5+00, 1+75), Club Valley Road (STA 1+00 and 7+00), and Niblick Alcove (STA 1+00, 3+00, 4+25). 6.The following location does not meet the minimum curve length of 90 feet to meet a 30 MPH design speed: Club Valley Road (STA 15+00). 7.Include detail for crosswalk pavement markings at Bent Grass Way and Club Valley Road intersection to include typical 6-foot x 3-foot marking spaced every 3 feet. Markings to be latex paint. 8.Add note that all signs are to conform to current FHWA and retro-reflectivity requirements. 9.Provide proposed street light locations for the project. 10.Additional plan review comments and recommendations will be reserved for future plan submittals. {“z·©ä {;Þ;© “7 ‘·;©’z“ 1.Need to revise plans so all notes, call outs and stationing are unnecessary survey points, white background on general notes, distinguishing between proposed and existing, and overlap of inverts and/or notes within profile). 2.Show utility easement locations on all plan sheets. 3.Show stationing in plan and profile on sheet 4. 4.Removal and replacement of driveway pavement off of Yellowstone within City right-of-way limits (unless right of entry has been obtained from property owner). 5.Revise note 5 to include water curb box installations are to be installed at the right of way and water and sanitary services extended to the utility easement within all cul-de- sacs. K:\02925-120\Admin\Docs\LTR_PTH-BNielsen-060816-Utility And Street Improvements plan review - Phase 1 Area.docx Mr. Brad Nielsen June 8, 2016 Page 4 6.Hydrants to be installed per detail WAT-09. This will require hydrants installed at cul- de-sac to be outside of the City right-of-way but within the drainage and utility easement. 7.Identify all bends to be installed on plan (additional bends appneeded along Club Valley Road, Niblick Alcove, and Wooden Cleek Drive that are not identified). 8.Revise horizontal separation note on plans between sanitary sewe (typ shown) and add horizontal separation note to Niblick Alcove 9.Turn off existing conditions background references on plan view. {·š©’ {;Þ;© 1.Need to revise plans to remove unnecessary survey points. 2.Show utility easement locations on all plan sheets. 3.Provide a revised storm sewer rational method design worksheet for review. The C- value calculations for each sub-drainage area is too low (0.2 for lawn turf). Based on review, the minimum C-value for lawn turf areas to be 0.30 due to proposed lot grading. 4.Design capacity of pipe exceed 100% in the following locations: structure 141 to structure 140 to the FES. 5.Drainage structure 105 needs to be a minimum structure build of heaving due to freeze/thaw. 6.Drain tile connection inverts at drainage structures to be constructed per City standard detail RDW-09. Check that the structure depth and outlet elevation is consisten draintile inlet invert. 7.The following storm pipe segments exceed the maximum allowable p maintain a velocity of 10 fps or lower: CBMH110 to CBMH111, CBMH CBMH106 to CBMH105, and CBMH101 to STMH102. 8.The following storm pipe segments does not meet the minimum allo maintain a velocity of 3 fps or greater: FES CUL 6A to FES CUL 6 9.Provide 2 foot sump to STMH201 (the last street accessible structures prior to discharging into pond). K:\02925-120\Admin\Docs\LTR_PTH-BNielsen-060816-Utility And Street Improvements plan review - Phase 1 Area.docx Mr. Brad Nielsen June 8, 2016 Page 5 10.Storm pipe for Culvert #6 too shallow near FES CUL 6B and does n cover. Either install arch pipe to maintain cover or provide an system to FES CUL 6B. 11.Storm pipe for Culvert #4 too shallow and does not provide adequate cover. Install arch pipe to maintain cover 12.Move CBMH between existing lot between 121 and lot 1 on Bentgrass Way to the east to minimize the angle of the pipe connection into CBMH 113. 13.The existing storm sewer outlet south of the plat to Lake Minnewashta is proposed to be constructed by horizontal directional drilling methods. The 0.22% is too flat to construct in this manner. 14.Abandoned storm sewer pipe note on sheet 16 to include bulkhead ends of pipe. 15.See attached sheet for installation of draintile stub to existing parcel adjacent to the plat. The utility and street plans will need to be re-submitted for review. Plans will need to be approved, Development Agreement executed, and the financial securities posted with the City prior to authorization to begin construction are granted. Please contact me if you have any questions or need any addition engineering staff. Sincerely, WSB & Associates, Inc. Paul Hornby, P.E. City Engineer (651) 286-8453 phornby@wsbeng.com Copy: Brian Krystofiak, Carlson-McCain Daren Laberee, Mattamy Homes ph K:\02925-120\Admin\Docs\LTR_PTH-BNielsen-060816-Utility And Street Improvements plan review - Phase 1 Area.docx #8C MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title / Subject: Oppidan (Shorewood Senior Living PUD) – Final Plat and Final Plan Meeting Date: 13 June 2016 Prepared by: Brad Nielsen Reviewed by: Patti Helgesen Attachments: Resolution Approving Final Plat Draft Ordinance Approving Final Plan and Rezoning (Includes Development Agreement) City Engineer Recommendations Policy Consideration: Should the City approve the final plat and final plan for the Shorewood Senior Living PUD proposed by Oppidan? Background: Oppidan has submitted its final plat and final plan for its proposed senior housing development at Chaska Road and Highway 7. Staff has prepared a resolution approving the final plat (the three properties included in the project are being combined into one), and an ordinance approving the rezoning to PUD District, including the development agreement for the PUD. One of the most significant revisions to the plans approved to date is the landscape plan. The undergrounding of the power lines and the replacement of the ditch along Chaska Road make room for much better screening of the parking and softening of the building mass as viewed from Chaska Road. Financial or Budget Considerations: Prior to release of the final plat/plan, the Developer will pay $400,000 as its contribution to the water extension project, $88,400 for park dedication, and $16,320 for local sanitary sewer access charges. Options: Approve the final plat and final plan; modify the final plat and final plan; or deny the final plat and final plan. Recommendation / Action Requested: The developer has been quite responsive in revising plans per Planning Commission and staff recommendations, most significantly, as mentioned above, with respect to the landscape plan. Staff recommends approval of the final plat and final plan. Next Steps and Timelines: The developer has requested Tax Increment Financing, the process for which has already begun. The City Council has agreed to a special meeting on 14 July to consider the TIF. Connection to Vision / Mission: Sustainable tax base, sound financial management. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 CITY OF SHOREWOOD RESOLUTION NO. ________ A RESOLUTION APPROVING THE FINAL PLAN AND FINAL PLAT OF SHOREWOOD SENIOR LIVING (PUD) WHEREAS , the final plat of the Shorewood Senior Living (PUD) has been submitted in the manner required for the platting of land under the Shorewood City Code and under Chapter 462 of Minnesota Statues, and all proceedings have been duly had thereunder; and WHEREAS , the final plan for the PUD has been submitted, pursuant to Section 1201.25 of the City Code; and WHEREAS , the final plan is consistent with the concept and development stage plans previously approved for the project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. The plat of Shorewood Senior Living (PUD) is hereby approved. 2. The approval is specifically conditioned upon the terms and conditions contained in the Planned Unit Development Agreement for the Shorewood Senior Living PUD, as set forth in Shorewood Ordinance No._________. 3. The Mayor and City Clerk are hereby authorized to execute the Certificate of Approval for the plat and the Planned Unit Development Agreement on behalf of the City Council. 4. The final plat, together with this Resolution, the Planned Unit Development Agreement, and the Declaration of Covenants, Conditions and Restrictions of Shorewood Senior Living (PUD) which constitute the final plan, shall be filed and recorded within thirty (30) days of the date of certification of this Resolution. BE IT FURTHER RESOLVED that the execution of the Certificate upon said plat by the Mayor and City Clerk shall be conclusive, showing a proper compliance therewith by the subdivider and City officials and shall entitle such plat to be placed on record forthwith without further formality, all in compliance with Minnesota Statutes and the Shorewood City Code. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 13th day of June, 2016. _____________________________________ Scott Zerby, Mayor ATTEST: _______________________________________ Jean Panchyshyn, City Clerk -2- CITY OF SHOREWOOD ORDINANCE NO. ______ AN ORDINANCE AMENDING SECTION 1201.09 SUBD. 2. OF THE SHOREWOOD ZONING CODE – THE SHOREWOOD ZONING MAP (SHOREWOOD SENIOR LIVING PUD) Section 1. Section 1201.09 Subd. 2. of the Shorewood City Code is hereby amended to include the property described in Attachment I, attached hereto and incorporated herein, in the PUD., Planned Unit Development zoning district. Section 2. This rezoning is subject to the conditions of the Development Agreement between the Developer, its successors and assigns, and the City of Shorewood, dated 13 June 2016, attached hereto as Attachment II and incorporated herein. Section 3. Failure of the Developer, its successors and assigns to comply with the Development Agreement referenced in Section 2. shall result in the zoning of the property reverting back to R-C, Residential/Commercial and R-2A, Single and Two- Family Residential. Section 4. That the Zoning Administrator is hereby authorized to revise the Zoning Map of the City of Shorewood to include the property in the PUD., Planned Unit Development zoning district. Section 5. That this Ordinance shall be in full force and effect upon publishing in the Official Newspapers of the City of Shorewood. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 13th day of June 2016. SCOTT ZERBY, MAYOR ATTEST: JEAN PANCHYSHYN, CITY CLERK (Insert Attachment I —Legal Description) Attachment I CITY OF SHOREWOOD DEVELOPMENT AGREEMENT SHOREWOOD SENIOR LIVING PLANNED UNIT DEVELOPMENT THIS AGREEMENT , made this _________day of June, 2016, by and between the CITY OF SHOREWOODKTJ 285, LLC , a Minnesota municipal corporation (“the City”) and , a Minnesota Limited Liability Company, (“the Developer"). WHEREAS , the Developer is the fee owner in certain lands legally described in Exhibit A, attached hereto and made a part hereof, which lands are hereinafter referred to as the "Subject Property"; and WHEREAS , Developer proposes to develop the Subject Property by means of a Planned Unit Development ("PUD") consisting of a senior housing facility, with a proposed mix of 28 independent living units, 52 assisted living units and 25 memory care units; and WHEREAS , the Developer has made application with the Zoning Administrator for a rezoning of the Subject Property to PUD, Planned Unit Development, and submitted a Concept Plan and Development Stage Plan for the property, which were considered by the City Planning Commission at a public hearing held on 15 March 2016; and WHEREAS , upon recommendation of the City Planning Commission, the City Council did consider at its regular meeting held on 28 March 2016 and grant Concept Plan and Development Stage Plan approval as set forth in Resolution 16-022; NOW, THEREFORE , in consideration of the mutual covenants and guarantees contained herein, the parties hereto agree as follows: 1.) Conditions of Approval - The Developer shall comply with the conditions of approval as adopted by the City Council and set forth in Resolution 16-022, incorporated herein as Exhibit B. 2.) Improvements - In accordance with the preliminary and final plats of the Subdivision, the City's approval thereof, and applicable standards and ordinances of the City, the following described improvements (the "Improvements") shall be constructed and installed on the terms and conditions hereinafter contained: (01) Private property grading, graveling, stabilizing, soil remediation, on-site storm water facilities, and including constructing and sodding of berms, swales, and boulevards and planting of trees on boulevards and construction of required parking facilities ("Private Property Improvements"); Attachment II (02) Storm sewers, where determined to be necessary by the City, including all necessary catch basins, ditches, inlets, retention areas and other appurtenances ("Storm Sewer Improvements"); (03) Sanitary sewer laterals or extensions, including all necessary building services between the street and front property line and other appurtenances ("Sanitary Sewer Improvements"); (04) Water main laterals or extensions, including all necessary building services between the street and front property line, hydrants, valves and other appurtenances on public property ("Water Main Improvements"); (07) Required landscaping and tree preservation, as provide for in plans prepared by Loucks, dated 3 June 2016, incorporated herein as Exhibit C, ("Landscaping Improvements"). 3.) Installation of Improvements - Improvements to be installed at Developer's expense by the Developer as hereinafter provided are hereinafter referred to as "Plan A Improvements". Improvements which the Developer has petitioned the City to install and finance certain on and off-site improvements through Tax Increment Financing which are hereinafter referred to as "Plan B Improvements". In addition to the Developer’s obligation to this agreement, the Developer is bound by the terms of the Tax Increment Finance Plan and Agreement. 4.) Plan A Improvements - (01) Types - The Developer will construct and install at Developer's expense the following Plan A Improvements according to the following terms and conditions: Description of Improvement Private property improvements Storm sewer improvements (on-site) Sanitary sewer improvements (on-site) Water main improvements (on-site) Landscaping improvements (02) Completion Date - All Plan A Improvements shall be completed not later than 31 December 2017. 5.) Plan B Improvements - (01) Types - The Developer has petitioned the City for the installation of Plan B Improvements as follows: --2- Description of Improvement Storm sewer improvements (off-site) Sanitary sewer improvements (off-site) Water main improvements (off-site) Undergrounding of electric power (02) Construction of Plan B Improvements - The City Council will order the installation of the Plan B Improvements in accordance with the following and applicable statutory provisions, and the costs thereof will be paid for through a combination of Tax Increment Financing proceeds, Developer payments and City fees. (03) Completion Date - The construction of Plan B Improvements are estimated to be completed by 31 July 2017. (04) Construction - On petition of the Developer, the City will prepare preliminary plans and estimates with respect to Plan B Improvements and an Improvement Hearing will be held by the City Council for the purpose of ordering Plan B Improvements. Thereafter, the City shall prepare final plans and specifications for said Improvements and bids will be taken by the City and contracts awarded for the installation of the Improvements under the City's supervision. 6.) Final Plan, Grading, Drainage and Utility Plan, Building Plan - The Developer has filed with the City Clerk the final plat titled Shorewood Senior Living for the development of the Subject Property. Said plat is attached hereto and made a part hereof as Exhibit D. Said final plat, together with the Grading, Drainage, and Utility Plan, the Preliminary Building Plans, and the Landscape Plan, all of which plans are on file at the Shorewood City Offices, and this Development Agreement, is herewith adopted and approved by the City as the Developer's final plan for development of the property. 7.) Pre-construction Meeting - Prior to the commencement of construction, Developer or its engineer shall arrange for a pre-construction meeting to be held at Shorewood City Hall. Such meeting shall be coordinated with the City Engineer and shall include all appropriate parties specified by the City Engineer. 8.) Standards of Construction - Developer agrees that all of the Improvements set forth in 4.) and 5.) above, shall equal or exceed City standards, shall be constructed and installed in accordance with engineering plans and specifications approved by the City Engineer and the requirements of applicable City ordinances and standards, and that all of said work shall be subject to final inspection and approval by the City Engineer. 9.) Materials and Labor - All of the materials to be employed in the making of the Improvements and all of the work performed in connection therewith shall be of uniformly good and workmanlike quality, shall equal or exceed City standards and specifications, and shall be subject to the inspection and approval of the City. In case any materials or labor supplied shall be rejected by the City as defective or unsuitable, then such rejected materials shall be removed and --3- replaced with approved materials, and rejected labor shall be done anew to the satisfaction and approval of the City at the cost and expense of Developer. 10.) Schedule of Work - The Developer shall submit a written schedule in the form of a bar chart indicating the proposed progress schedule and order of completion of work covered by this Agreement. It is understood and agreed that the work set forth in paragraph 4.) shall be performed to be completed by 1 November 2017. Upon receipt of written notice from the Developer of the existence of causes over which the Developer has no control, which will delay the completion of the work, the City, at its discretion, may extend the dates specified for completion. 11.) As-Built Plan - Within sixty (60) days after the completion of construction of the Plan B Improvements, the City shall cause its engineer to prepare a full set of "as-built" plans, including an electronic original and two (2) black line prints, showing the location of the Improvements within the plat. 12.) Easements - Developer, at its expense, shall acquire all easements, if any, from abutting property owners necessary to the installation of the sanitary sewer, storm sewer, surface water drainage facilities and water mains within the plat, and thereafter promptly assign the easements to the City. 13.) Pre-existing Drain Tile - All preexisting drain tile disturbed by Developer during construction shall be restored by Developer. 14.) Staking, Surveying and Inspection - It is agreed that the Developer, through his engineer, shall provide for all staking and surveying for the Plan A Improvements. 15.) Grading, Drainage, and Erosion Control - Developer, at its expense, shall provide grading, drainage and erosion control plans to be reviewed and approved by the City Engineer. The plans shall provide for temporary dams, earthwork or such other devices and practices, including seeding of graded areas, as necessary, to prevent the washing, flooding, sedimentation and erosion of lands and streets within and outside the plat during all phases of construction. Developer shall keep all streets within and adjoining the plat free of all dirt and debris resulting from construction therein by the Developer, its agents or assignees. 16.) Access to Residences - Developer shall provide reasonable access, including temporary grading and graveling, to all residences affected by construction until the streets are approved by the City Engineer, pursuant to paragraphs 8.) and 9.) hereof. 17.) Occupancy Permits - The City shall not issue a permanent certificate of occupancy until the first lift of bituminous surfacing has been installed on the road serving the units for which a certificate of occupancy is requested. Exception: Certificates of occupancy may be issued for Lots 7 and 8 prior to installation of the first lift of bituminous surfacing. 18.) Final Inspection - Upon completion of the Improvements set forth in paragraph 4.) above, the City Engineer, the contractor, and the Developer's engineer will make a final --4- inspection of the work. 19.) Restoration of Streets, Public Facilities and Private Properties - The Developer shall restore all City streets and other public facilities and any private properties disturbed or damaged as a result of Developer's construction activities, including sod with necessary black dirt, bituminous replacement, curb replacement, and all other items disturbed during construction. 20.) Required Landscaping - The Developer shall provide a letter of credit, or cash escrow for the purpose of assuring that required landscaping shall be constructed and installed according to the Landscape Plan attached as Exhibit C and made a part hereof. 21.) Reimbursement of Costs - The Developer shall reimburse the City for all costs, including reasonable engineering, legal, planning and administrative expenses incurred by the City in connection with all matters relating to the administration and enforcement of the within Agreement and the performance thereof by the Developer. Such reimbursement of costs shall be made within thirty (30) days of the date of mailing of the City's notice of costs to the address set forth in paragraph 29.) below. 22.) Claims for Work - The Developer or its contractor shall do no work or furnish no materials not covered by the plans and specifications and special conditions of this Agreement, for which reimbursement is expected from the City, unless such work is first ordered in writing by the City Engineer as provided in the specifications. Any such work or materials which may be done or furnished by the contractor without such written order first being obtained shall be at its own risk, cost and expense. 23.) Surety for Improvements - Deposit or Letter of Credit - For the purpose of assuring and guaranteeing to the City that the Required Landscaping to be constructed, installed and furnished by the Developer as set forth in paragraph 4.) above, shall be constructed, installed and furnished according to the terms of this Agreement, and to ensure that the Developer shall pay all claims for work done and materials and supplies furnished for the performance of this Agreement, the Developer agrees to furnish to the City a cash deposit or Irrevocable Letter of Credit approved by the City in an amount equal to 150% of the total cost of the Required Landscaping estimated by the Developer's Landscape Architect and approved by the City Planner. The deposit or Letter of Credit shall remain in effect for until completion and approval of the required improvements. 24.) Insurance - The Developer shall take out and maintain during the life of this agreement public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's work or the work of its subcontractors, or by one directly or indirectly employed by any of them. This insurance policy shall be a single limit public liability insurance policy in an amount no less than $2,000,000.00. The City shall be named as additional insured on the policy and the Developer shall file a copy of the insurance coverage with the City. Prior to commencement of construction of the Improvements described in paragraph 4.) above, the Developer shall file with the City a certificate of insurance for claims arising under the --5- workers' compensation laws of the State of Minnesota. 25.) Laws, Ordinances, Regulations and Permits - Developer shall comply with all laws, ordinances, and regulations of all regulatory bodies having jurisdiction over the Subject Property, said laws existing during the period of construction, and shall secure all permits that may be required by, but not limited to, the City of Shorewood, the State of Minnesota, the Minnehaha Creek Watershed District, the Minnesota Department of Health, the Minnesota Department of Transportation, and the Metropolitan Waste Control Commission before commencing development of the project. 26.) Sewer Charges – Local sanitary sewer access charges (LSSAC) for elderly housing is based upon the development potential of the subject property as it is currently zoned. Based upon 13.6 potential units, the Developer shall pay LSSAC in the amount of $16,320 prior to release of the final plat. 27.) Water Connection Fees. Water connection fees are based upon Chapter 903.04 Subd. 3. of the Shorewood City Code. Water connection fees for the Subject Property amount to $191,000, minus the Developer’s costs of providing water. The Developer has agreed to contribute $400,000 toward the cost of extending water to Subject Property resulting in a net connection fee of $0. 28.) Park Fund Payment – Park dedication fees for elderly housing is based upon the development potential of the subject property as it is currently zoned. Based upon 13.6 potential units, the Developer shall pay park dedication fees in the amount of $88,400 prior to release of the final plat. 29.) Notices - All notices, certificates and other communications hereunder shall be sufficiently given and shall be deemed given when mailed by certified mail, return receipt requested, postage prepaid, with proper address as indicated below. The City and the Developer by written notice given by one to the other, may designate any address or addresses to which notices, certificates or other communications to them shall be sent when required as contemplated by this Agreement. Unless otherwise provided by the respective parties, all notices, certificates and communications to each of them shall be addressed as follows: To the City: City Administrator CITY OF SHOREWOOD 5755 Country Club Road Shorewood, Minnesota 55331 With a Copy to: Shorewood City Attorney c/o KUTAK ROCK LLP th 220 South 6 Street, Suite 1750 Minneapolis, Minnesota 55402 To the Developer: KTJ 285, LLC 400 Water Street Suite 200 --6- Excelsior, MN 55331 30.) Proof of Title - Developer shall furnish a title opinion or title insurance commitment addressed to the City demonstrating that Developer is the fee owner or has a legal right to become fee owner of the Subject Property upon exercise of certain rights and to enter upon the same for the purpose of developing the property. Developer agrees that in the event 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 fulfillment of the requirements of this Agreement, Developer shall forthwith notify the City of such change in ownership. Developer further agrees that all drainage and utility easements provided to City shall be free and clear of all liens and encumbrances. 31.) Indemnification - The Developer shall hold the City harmless from and indemnify the City against any and all liability, damage, loss, and expenses, including but not limited to reasonable attorneys' fees, arising from or out of the Developer's performance and observance of any obligations, agreements, or covenants under this Agreement. It is further understood and agreed that the City, the City Council, and the agents and employees of the City shall not be personally liable or responsible in any manner to the Developer, the Developer's contractors or subcontractors, materialmen, laborers, or any other person, firm or corporation whomsoever, for any debt, claim, demand, damages, actions or causes of action of any kind or character arising out of or by reason of the execution of this Agreement or the performance and completion of the work and Improvements hereunder. 32.) Declaration of Covenants, Conditions and Restrictions - Developer has provided a copy of the Declaration of Covenants, Conditions and Restrictions of Shorewood Senior Living, which Declaration shall include the City as a signatory thereto, for review and approval by the City prior to recording. The Developer agrees to incorporate the following provisions in the Declaration: (01) Elderly Housing. Occupancy of dwelling units in the independent living and assisted living sections of the building is limited to no more than two (2) adults, the ages of whom are consistent with the requirements of the Federal Fair Housing Act. (02) Records of Occupancy. The Developer or manager of the building shall annually file with the City Clerk and the Zoning Administrator a certified copy of a resume of occupants of the independent living and assisted living sections of the building, listing the number of tenants or occupants by age, by unit. 33.) Remedies Upon Default - (01) Assessments. In the event the Developer shall default in the performance of any of the covenants and agreements herein contained and such default shall not have been cured within thirty (30) days after receipt by the Developer of written notice thereof, the City may cause any of the Improvements described in paragraph 4.) above to be --7- constructed and installed or may take action to cure such other default and may cause the entire cost thereof, including all reasonable engineering, legal and administrative expense incurred by the City to be recovered as a special assessment under Minnesota Statutes Chapter 429, in which case the Developer agrees to pay the entire amount of the assessment within thirty (30) days after its adoption. Developer further agrees that in the event of its failure to pay in full any such special assessment within the time prescribed herein, the City shall have a specific lien on all of Developer's real property within the Subject Property for any amount so unpaid, and the City shall have the right to foreclose the lien in the manner prescribed for the foreclosure of mechanic's liens under the laws of the State of Minnesota. In the event of an emergency, as determined by the City Engineer, the notice requirements to the Developer prescribed by Minnesota Statutes Chapter 429 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. (02) Performance Guaranty. In addition to the foregoing, the City may also institute legal action against the Developer or utilize any cash deposit made or letter of credit delivered hereunder, to collect, pay, or reimburse the City for: (a) The cost of completing the construction of the improvements described in paragraphs 4.) and 5.) above. (b) The cost of curing any other default by the Developer in the performance of any of the covenants and agreements contained herein. (c) The cost of reasonable engineering, legal and administrative expenses incurred by the City in enforcing and administering this Agreement. (03) Legal Proceedings. In addition to the foregoing, the City may institute any proper action or proceeding at law or at equity to abate violations of this Agreement, or to prevent use or occupancy of the proposed dwellings. 34.) Headings - Headings at the beginning of paragraphs hereof are for convenience of reference, shall not be considered a part of the text of this Agreement, and shall not influence its construction. 35.) Severability - In the event any provisions of this Agreement shall be held invalid, illegal, or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof, and the remaining provisions shall not in any way be affected or impaired thereby. 36.) Execution of Counterparts - This Agreement may be simultaneously executed in several counterparts, each of which shall be an original, and all of which shall constitute but one and the same instrument. 37.) Construction - This Agreement shall be construed in accordance with the laws of the State of Minnesota. --8- 38.) Successors and Assigns - It is agreed by and between the parties hereto that the Agreement herein contained shall be binding upon and inure to the benefit of their respective legal representatives, successors, and assigns. --9- IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year first above written. DEVELOPER:CITY: KTJ 285, LLC City of Shorewood By: ____________________________ By:_______________________________ Its: President Its: Mayor ATTEST: ______________________________ City Administrator --10- STATE OF MINNESOTA ss. COUNTY OF HENNEPIN On this ____ day of _________, 2016, before me, a Notary Public within and for Hennepin County, personally appeared Scott Zerby and William Joynes to me personally known, who, being each by me duly sworn, did say that they are respectively the Mayor and City Administrator of the municipal corporation named in the foregoing instrument, and that said instrument was signed and sealed on behalf of said corporation by authority of its City Council, and the Mayor and City Administrator acknowledged said instrument to be the free act and deed of said corporation. ____________________________ Notary Public STATE OF MINNESOTA ss. COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this _________ day of _____________________, 2016, by __________________, President of KTJ 285,LLC. _____________________________ Notary Public THIS INSTRUMENT WAS DRAFTED BY: Shorewood Planning Department Reviewed and edited by City Attorney --11- (Insert Exhibit A – Legal Description) 12. TJK:IE0s 12. CITY OF SHOREWOOD RESOLUTION NO. 16-022 A RESOLUTION GRANTING CONCEPT AND DEVELOPMENT STAGE PLAN APPROVAL FOR THE SHOREWOOD SENIOR LIVING (OPPIDAN) P.U.D. WHEREAS, Oppidan (Applicant) has an interest in certain lands within the City of Shorewood and has applied to the Council for Concept and Development Stage Plan approval of a residential Planned Unit Development (P.U.D.) to be known as Shorewood Senior Living; and WHEREAS, the Applicant's request has been reviewed by the City Planner and his recommendations have been duly set forth in a memorandum to the Planning Commission, dated 7 March 2016, which memorandum is on file at City Hall; and WHEREAS, the Applicant's request has been reviewed by the City Engineer and his recommendations have been duly set forth in a letter to the Planning Director, dated 7 March 2016, which letter is on file at City Hall; and WHEREAS, a Public Hearing was held by the Shorewood Planning Commission on 15 March 2016, for which notice was duly published and all adjacent property owners duly notified. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. The Applicant's request for Concept and Development Stage Plan approvals of the Shorewood Senior Living P.U.D, is hereby approved. 2. That such approvals are subject to the recommendations set forth in the City Planner's memorandum, dated 7 March 2016; and the City Engineer's letter, dated 7 March 2016 both as approved by the Planning Commission at its 15 March 2016 meeting, the minutes of which are on file at City Hall. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 28th day of March 2016, ATTEST: ne Jean Panchyshyn, Chy C rk Exhibit B /i 't ,.y / 4 ���1 nit' / R . g �O Q� K� `J PLANT SCHEDULE DECIDUOUS TREES QTY COMMON NAME BOTANICAL-NAME CONE SIZE REFER TO TREE PRESERVATION PLAN FOR TREE AE 5 ACCOLADE ELM Ulmus'Morton R 8, B 2.5 °Cal COVER SHEET BO 3 BU RR OAK Guam- macrocarpa B & B 2.5 'Ca1 ATTENTION OF THE LANDSCAPE ARCHITECT ANY DISCREPANCIES WHICH CH 2 COMMON HACKBERRY Celtis occidentalis B&B 2.5 °Cal CIVIL DETAILS RB 9 RIVER BIRCH CLUMP Betula nigra B&B 8' HGT OPERATIONS. ANY DAMAGE TO SAME SHALL BE REPAIRED AT NO COST SKH 5 SKYLINE HONEYLOCUST Gleditsia triacanthos'Skycole B &B 2.S °Cal QB 6 SWAMP WHITE OAK Cmucus bicolor B&B 2.5 °Cal NOT CUT THROUGH ROOT SYSTEMS OF ANY EXISTING TREES TO REMAIN. WB 4 WHITESPIRE BIRCH CLUMP Betula populifol'a'Wh'tesp're Sr.' B&B 8' HGT AND ALL DISCREPANCIES PRIOR TO CONSTRUCTION AND NOTIFY EVERGREEN TREES 10TY I COMMON NAME 1BOTANICALNAME CONE SIZE BS 10 BLACK HILLS SPRUCE FULLFORM Picea glauca'Dansata B & B 6' HGT CALL BEFORE YOU DIGI NOP 9 NORWAY PINE FULL FORM Pinus resinose B&B 6' HGT PP 9 PONDEROSA PINE FULL FORM Pinus ponderosa B&B 6 HGT MAINTAIN ING THEIR SERVICE AND/ OR RELOCATION OF I INES_ THE CC SHRUBS OEY COMMONNAME BOTANICALNAME MIN CONT MIN SIZE SPACING AEC 76 ALPINE CURRANT Ribee elpfinum 5 gal 24" HGT 48' o.c. AC 90 AUTUMN MAGIC CHOKEBERRY A—in melanocarpa'Magic Corpef 5 gal 24' HGT 48' o.c. DEI 61 DWARF BUSH HONEYSUCKLE Diervilla Joni 5 gal 18° HGT 48° o.c. GF 122 GRO -LOW FRAGRANT SUMAC m Rhu— caticaaGro -Lori 5gal 24" SEED, 48' o.c. ID 14 ISANTI DOGWOOD Cornus sericea'IsantF 59.1 24° HGT 60' o.c. CONIFEROUS SHRUBS QTY COMMON NAME BOTANICAL NAME IN CONT MIN SIZE SPACING SG 51 SEA GREEN JUNIPER Juniperus chinensis'Sea Greeri 5 gal 18" SPRD 60' o.c. GRASSES I QTY COMMON NAME JBOTANICALNAME MIN CONE MIN SIZE SPACING FG 13 1 FEATHER REED GRASS Calamagrostis x acuti8ora'Karl Fearster 11 pal 1 24" ox. LIB 65 LITTLE BLUESTEM Schiuchyrium scoparium 1 gal 24" o.c. SH 35 PRAIRIE DROPSEED Sporobolus heterolepis 11 gal 1 24' ..c. PERENNIALS I QTY I COMMON NAME JBOTANICALNAME 1MINCONT I MIN SIZE I SPACING SD 134 STELLA D- ORO DAYLILY Hemerocallis x'Stella de Oro 11 gal 1 124" o.c. WC 18 I WALKERS LOW CATMINT Nepetaxfaassenii'Walkers Lovi 119.1 O.C. 24 " GROUND COVERS CODE QTY COMMON NAME BOTANICAL NAME "{? i4SS,, �, j,"V., ;i�'fsR•s NS 43,738sf NATIVE SEED BWSR SEED MIX 36 -211 PROVIDED BY PRAIRIE RESTORATIONS OR MIDWEST NATIVE LANDSCAPES iii: •iiiiiiiiiiiiiii SOD 24,143 sf TURFSOD i■ LOUCKS PLANNING CIVIL ENGINEERING LAND SURVEYING LANDSCAPE ARCHITECTURE ENVIRONMENTAL 7200 Hemlock Lane, Suite 300 Maple Grove, MN 55369 763.424.5505 �nnv.loudcsinc.com CADI 01/05/16 PUDSubmittal 03/04116 Revised PUD Submittal 04/07/16 MCWD Submittal 04/29/16 Revised City Submittal 06/03/16 Construction Documents i nzrer a2 *vtnm wa a•. aadf�ea� «�p...r +3a pad 6f ma or u-dxr m/ d.z<t upmrsca ad thrt T a d+'� L',enxd UM;cap. lvdr�t wjzr?s k..s ofUa St.tx of Rr;r. License No. TREE REPLACEMENT REQUIREMENTS: Data TOTAL TREES REQUIRED = 34 Loucks Project No. 15631 TOTAL TREES PROVIDED = 62 VJV REFER TO TREE PRESERVATION PLAN FOR TREE NWE REPLACEMENT CALCULATIONS. VJV GENERAL NOTES 6/03/16 CONTRACTOR SHALL VISIT SITE PRIOR TO SUBMITTING BID. HESHALL COVER SHEET INSPECT SITE AND BECOME FAMILIAR WITH EXISTING CONDITIONS EXISTING CONDITIONS RELATING TO THE NATURE AND SCOPE OF WORK. DEMOLITION PLAN VERIFY LAYOUT AND ANY DIMENSIONS SHOWN AND BRING TO THE SITE PLAN ATTENTION OF THE LANDSCAPE ARCHITECT ANY DISCREPANCIES WHICH GRADING PLAN NTAY COMPROMISE THE DESIGN AND /OR INTENT OF THE PROJECT'S SWPP PLAN LAYOUT. UTILITY PLAN ASSURE COMPLIANCE WITH ALL APPLICABLE CODES AND REGULATIONS CIVIL DETAILS GOVERNING TFIE WORK OR MATERIALS SUPPLIED. LANDSCAPE PLAN CONTRACTORSHALL PROTECT ALL EXISTING ROADS, CURBS /GUTTERS, LANDSCAPE DETAILS TRAILS, TREES, LAWNS AND SITE ELEMENTS DURING PLANTING OPERATIONS. ANY DAMAGE TO SAME SHALL BE REPAIRED AT NO COST TO THEOWNER. CONTRACTOR SHALL VERIFY ALIGNMENT AND LOCATION OF ALL UNDERGROUND AND ABOVE GRADE UTILITIES AND PROVIDE THE NECESSARY PROTECTION FOR SAME BEFORE CONSTRUCTION / MATERIAL INSTALLATION BEGINS (MINIMUM TO'- W CLEARANCE). ALL UNDERGROUND UTILITIES S14ALL BE LAID SO THAT TRENCHES DO NOT CUT THROUGH ROOT SYSTEMS OF ANY EXISTING TREES TO REMAIN. EXISTING CONTOURS, TRAILS, VEGETATION, CURB /GUTTER AND OTHER EXISTING ELEMENTS BASED UPON INFORMATION SUPPLIED TO LANDSCAPE ARCHITECT BY OTHERS. CONTRACTOR SHALL VERIFY ANY AND ALL DISCREPANCIES PRIOR TO CONSTRUCTION AND NOTIFY LANDSCAPE ARCHITECT OF SAME. THE ALIGNMENT AND GRADES OF THE PROPOSED WALKS, TRAILS AND /OR ROADWAYS ARE SUBJECT TO FIELD ADJUSTMENT REQUIRED TO CONFORM TO LOCALIZED TOPOGRAPHIC CONDITIONS AND TO MINIMIZE TREE REMOVAL AND GRADING. ANY CHANGE IN ALIGNMENT MUST BE APPROVED BY LANDSCAPE ARCHITECT. CALL BEFORE YOU DIGI Gopher State One Call THIN CITY AREA: 651- 454 -0002 a TOLL FREE: 1 -800- 252 -1166 WARNING: THE CONTRACTOR SHALL BE RESPONSIBLE FOR CALLING FOR LOCATIONS OF ALL EXISTING UTILITIES. THEY SHALL COOPERATE WITH ALL UTILITY COMPANIES IN 0 30 80 MAINTAIN ING THEIR SERVICE AND/ OR RELOCATION OF I INES_ THE CC LEAST t CABLES SCALE IN FEET DIGGIN Exhibit C DURING 1 i■ LOUCKS PLANNING CIVIL ENGINEERING LAND SURVEYING LANDSCAPE ARCHITECTURE ENVIRONMENTAL 7200 Hemlock Lane, Suite 300 Maple Grove, MN 55369 763.424.5505 �nnv.loudcsinc.com CADI 01/05/16 PUDSubmittal 03/04116 Revised PUD Submittal 04/07/16 MCWD Submittal 04/29/16 Revised City Submittal 06/03/16 Construction Documents i nzrer a2 *vtnm wa a•. aadf�ea� «�p...r +3a pad 6f ma or u-dxr m/ d.z<t upmrsca ad thrt T a d+'� L',enxd UM;cap. lvdr�t wjzr?s k..s ofUa St.tx of Rr;r. License No. 52050 Data 6/03/16 Loucks Project No. 15631 Project Lead VJV Drawn By NWE Checked By VJV Review Data 6/03/16 00 -1 COVER SHEET C1 -1 EXISTING CONDITIONS C1 -2 DEMOLITION PLAN C2 -1 SITE PLAN C3 -1 GRADING PLAN C3 -2 -0341 SWPP PLAN C4 -1 UTILITY PLAN C8 -1 -CB -2 CIVIL DETAILS LI -1 LANDSCAPE PLAN L1 -2 LANDSCAPE DETAILS 1-2 -1 TREE PRESERVATION PLAN LANDSCAPE INSTALLATION: COORDINATETHE PHASES OF CONSTRUCTION AND PLANTING INSTALLATION WITH OTHER CONTRACTORS WORKING ON SITE NO PLANTING WILL BE INSTALLED UNTIL COMPLETE GRADING AND CONSTRUCTION HAS BEEN COMPLETED IN THE IMMEDIATE AREA. WHERE SOD/SEED ABUTS PAVED SURFACES, FINISHED GRADE OF SODISEED SHALL BE HELD V BELOW SURFACE ELEVATION OF TRAIL, SLAB, CURB, ETC, SEED ALI. AREAS DISTURBED DUE TO GRADING OTHER THAN THOSE AREAS NOTED TO RECEIVE SOD. SEED SHALL BE INSTALLED AND MULCHED AS PER MNDOT SPECS. SOD ALL DESIGNATED AREAS DISTURBED DUE TO GRADING. SOD SIFALL BE LAID PARALLEL TO THE CONTOURS AND S1 FALL HAVE STAGGERED JOINTS. ON SLOPES STEEPER THAN 3:1 OR IN DRAINAGE SWALES, THE SOD SHALL BE STAKED TO THE GROUND. ALL PLANT MATERIAL SHALL COMPLY WITH THE LATEST EDITION OF THE AMERICAN STANDARD FOR NURSERY STOCK, AMERICAN ASSOCIATION OF NURSERYMEN. UNLESS NOTED OTHERWISE, DECIDUOUS SHRUBS SHALL HAVE AT LEAST 5 CANES AT THE SPECIFIED SHRUB HEIGHT. ORNAMENTAL TREES SHALL HAVE NO V CROTCHES AND SHALL BEGIN BRANCHING NO LOWER THAN 3' ABOVE ROOT BALL. STREET AND BOULEVARD TREES SHALL BEGIN BRANCHING NO LOWER It IAN 6' ABOVE FINISI ]ED GRADE. ANY CONIFEROUS TREE PREVIOUSLY PRUNED FOR CI IRISTMAS TREE SALES SHALL NOT BE USED. ALL CONIFEROUS TREES SHALL BE FULL FORM, NATURAL TO THE SPECIES, WITHOUT PRUNING. PLAN TAKES PRECEDENCE OVER PLANT SCHEDULE IF DISCREPANCIES IN QUANTITIES EXIST. SPECIFICATIONS TAKE PRECEDENCE OVER NOTES. ALL PROPOSED PLANTS SHALL BE LOCATED AND STAKED AS SHOWN ON PLAN. LANDSCAPE ARCHITECT MUST APPROVE ALL STAKING OF PLANT MATERIAL PRIOR TO ANY AND ALL DIGGING. NO PLANT MATERIAL SUBSTITUTIONS WILL BE ACCEPTED UNLESS APPROVAL IS REQUESTED OF THE LANDSCAPE ARCHITECT BY THE LANDSCAPE CONTRACTOR PRIOR TO THE SUBMISSION OF A BID AND /OR QUOTATION. ADJUSTMENTS IN LOCATION OF PROPOSED PLANT MATERIALS MAYBE NEEDED IN FIELD. SHOULD AN ADJUSTMENT BE ADVISED, THE LANDSCAPE ARCHITECT MUST BE NOTIFIED. ALL PLANT MATERIALS SHALL BE FERTILIZED UPON INSTALLATION WITH DRIED BONE MEAL, OTHER APPROVED FERTILIZER MIXED IN WITH THE PLANTING SOIL PER THE MANUFACTURER'S INSTRUCTIONS OR MAY BE TREATED FOR SUMMLR AND FALL INSTALLATION WITH AN APPLICATION OF GRANULAR 0 -20 -20 OF 12 OZ PER 25° CALIPER PER TREE AND 6 OZ PER SHRUB WITH AN ADDITIONAL APPLICATION OF 10 -10 -10 THE FOLLOWING SPRING IN THE TREE SAUCER. ALL PLANTING AREAS RECEIVING GROUND COVER, PERENNIALS, ANNUALS, AND /OR VINES SHALL RECEIVE A MINIMUM OF 12" DEPT) I OF PLANTING SOIL CONSISTING OF AT LEAST 45 PARTS TOPSOIL, 4S PARTS PEAT OR MANURE AND 10 PARTS SAND. ALL PLANTS TO BE INSTALLED AS PER PLANTING DETAILS WRAPPING MATERIAL SHALL BE CORRUGATED PVC PIPING 1 ° GREATER IN CALIPER THAN THE TREE BEING PROTECTED OR QUALITY, HEAVY, WATERPROOF CREPE PAPER MANUFACTURED FOR THIS PURPOSE. WRAP ALL DECIDUOUS TREES PLANTED IN THE FALL PRIOR TO 12 -1 AND REMOVE ALL WRAPPING AFTER 5 -1. BLACK POLY EDGER TO BE USED TO CONTAIN SHRUBS, PERENNIALS, AND ANNUALS WHERE BED MEETS SOD /SEED UNLESS NOTED OTHERWISE. ALL SI IRUB BED MIASSINGS TO RECEIVE 3" DEEP SHREDDED HARDWOOD MULCH AND FIBER MAT WEED BARRIER. ALL TREES NOT IN PLANTING BEDS TO RECEIVE A 4' DA. TREE RING WITH 4° DEEP SHREDDED HARDWOOD MULCH. NO MULCH IN DIRECT CONTACT WITH TREE TRUNK. ALL ANNUAL AND PERENNIAL PLANTING BEDS TO RECEIVE 3° DEEP SHREDDED HARDWOOD MULCH WITH NO WEED BARRIER. SPREAD GRANULAR PRE EMERGENT HERBICIDE (PREEN OR EQUAL) PER MANUFACTURES RECOMMENDATIONS UNDER ALL MULCHED AREAS. MAINTENANCE STRIPS TO HAVE EDGER AND MULCH AS SPECIFIED /INDICATED ON DRAWING OR IN SPECIFICATION IF THE LANDSCAPE CONTRACTOR IS CONCERNED OR PERCEIVES ANY DEFICIENCIES IN THE PLANT SELECTIONS, SOIL CONDITIONS OR ANY OTHER SITE CONDITION WHICH MIGHT NEGATIVELY AFFECT PLANT ESTABLISHMENT, SURVIVAL OR GUARANTEE, HE MUST BRING THESE DEFICIENCIES TO It IF ATTENTION OF THE LANDSCAPE ARCHITECT PRIOR TO PROCUREMENT AND /OR INSTALLATION. CONTRACTOR SHALL SUBMIT A WRITTEN REQUEST FOR THE OWNER ACCEPTANCE INSPECTION OF ALL LANDSCAPE AND SITE IMPROVEMENTS. CONTRACTOR IS RESPONSIBLE FOR ON -GOING MAINTENANCE OF ALL NEWLY INSTALLED MATERIALS UNTIL TIME OF OWNER ACCEPTANCE, ANY ACTS OF VANDALISM OR DAMAGE WHICH MAY OCCUR PRIOR TO OWNER ACCEPTANCE SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR. CONTRACTOR SHALL PROVIDE THE OWNER WITH MAINTENANCE PROGRAM INCLUDING, BUT NOT NECESSARILY LIMITED TO, PRUNING, FERTILIZATION AND DISEASUPEST CONTROL. CONTRACTOR SHALL GUARANTEE NEW PLANT MATERIAL THROUGH ONE CALENDAR YEAR FROM THE DATE OF OWNER ACCEPTANCE. WARRANTY (ONE FULL GROWING SEASON) FOR LANDSCAPE MATERIALS SHALL BEGIN ON THE DATE OF ACCEPTANCE BY THE LANDSCAPE ARCHITECT AFTER THE COMPLETION OF PLANTING OF ALL LANDSCAPE MATERIALS. NO PARTI AL ACCEPTANCE WILL BE CONSIDERED. REPRODUCIBLE AS -BUILT DRAWINGS) OF ALL LANDSCAPE INSTALLATION AND SITE IMPROVEMENTS UPON COMPLETION OF CONSTRUCTION INSTALLATION AND PRIOR TO PROJECT ACCEPTANCE. UNLESS NOTED OTHERWISE THE APPROPRIATE DATES FOR SPRING PLANT MATERIAL INSTALLATION AND SEED /SOD PLACEMENT IS FROM THE TIME GROUND HAS THAWED TO JUNE 15. FALL SODDING IS GENERALLY ACCEPTABLE FROM AUGUST 15 - NOVEMBER I. FALL SEEDING FROM AUGUST 15- SEPTEMBER 15; DORMANT SEEDING IN THE FALL SHALL NOT OCCUR PRIOR TO NOVEMBER 1. PLANTING OUTSIDE THESE DATES IS NOT RECOMMENDED. ANY ADJUSTMENT MUST BE APPROVED IN WRITING BY THE LANDSCAPE ARCHITECT. CONIFEROUS PLANTING MAY OCCUR FROM AUGUST 15 - OCTOBER 1 AND FALL DECIDUOUS PLANTING FROM THE FIRST FROST UNTIL NOVEMBER 15. PLANTING OUTSIDE THESE DATES IS NOT RECOMMENDED. ANY ADJUSTMENT MUST BE APPROVED IN WRITING BY THE LANDSCAPE ARCHITECT. PROTECT ALL EXISTING OAKS ON SITE SCHEDULED TO REMAIN. IF EXISTING OAKS ARE DAMAGED IN ANY MANNER, ABOVE OR BELOW GROUND IN THE ROOT SYSTEM, AN ASPFIALTIC TREE PRUNING PAINT SHOULD BE APPLIED IMMEDIATELY AFTER WOUNDING. OAKS ARE NOT TO BE PRUNED, REMOVED OR TRANSPLANTED BETWEEN APRIL 15 AND JULY 1. NOTIFY LANDSCAPE ARCHITECT IF THESE DATES ARE UNAVOIDABLE. LANDSCAPE CONTRACTOR SHALL ESTABLISH TO HIS SATISFACTION THAT SOIL AND COMPACTION CONDITIONS ARE ADEQUATE TO ALLOW FOR PROPER DRAINAGE AT AND AROUND THE BUILDING SITE. IRRIGATION NOTES VERIFY PROPOSED IRRIGATION SYSTEM LAYOUT AND CONFIRM COMPLETE LIMITS OF IRRIGATION PRIOR TO SUPPLYING SHOP DRAWINGS. LANDSCAPE CONTRACTOR SHALL BE RESPONSIBLE FOR PROVIDING AN IRRIGATION LAYOUT PLAN AND SPECIFICATION AS A PART OF THE SCOPE OF WORK WHEN BIDDING. THESE SHALL BE APPROVED BY THE LANDSCAPE ARCHITECT PRIOR TO ORDER AND /OR INSTALLATION. IT SHALL BETIIE LANDSCAPE CONTRACTORS RESPONSIBILITY TO INSURE T LIAT ALL SODDED/SEEDED AND PLANTED AREAS ARE IRRIGATED PROPERLY, INCLUDING THOSE AREAS DIRECTLY AROUND AND ABUTTING BUILDING FOUNDATION. THE LANDSCAPE CONTRACTOR SHALL PROVIDE THE OWNER WITH A WATERINCVLAW N IRRIGATION SCHEDULE APPROPRIATE TO THE PROJECT SITE CONDITIONS AND TO PLANT MATERIAL GROWTH REQUIREMENTS. CONTRACTOR IS NOT TO SPRINKLE ACROSS PAVEMENT CONTRACTOR 10 INCORPORATE RAIN SENSOR INTO IRRIGATION SYSTEM. PLANTINGS OUTSIDE THE LIMITS OF IRRIGATION ARE TO BE WATLRED REGULARLY UNTIL PLANTING /SOD /SEED HAS BEEN ESTABLISHED. THE CONTRACTOR IS RESPONSIBLE FOR MAINTAINING ALL TREES IN A PLUMB POSITION THROUGH THE WARRANTY PERIOD, STAKING IS SUGGESTED, BUT NOT REQUIRED. ANY STAKING MUST CONFORM WITH PRACTICES AS DEFINED IN AAA. GUIDELINES FOR STANDARD PRACTICES PRUNE DAMAGED AND CROSSING BRANCHES AFTER PLANTING IS COMPLETE CUT BACK WIRE BASKET REMOVE ALL FLAGGING AND LABELING FROM TREE. WATER TREE THOROUGHLY DURING PLANTING OPERATIONS. PLACE BACKFILL IN 8 -12" LIFTS AND SATURATE SOIL WITH WATER. DO NOT COMPACT MORE THAN NECESSARY TO MAINTAIN PLUMB. 162" POLYPROPYLENE OR POLYETHYLENE STRAP TREE WRAP TO FIRST BRANCH SAFETY FLAGGING - ONE PER WIRE ROOT FLARE EVEN WITH OR JUST ABOVE GRADE. MULCH-4-DEEP. NOMULCHIN CONTACT WITH TRUNK -SEE SPECS WOOD STAKE (OPTIONAL) EDGE VARIES - SEE PLAN SCARIFY BOTTOM AND SIDES OF HOLE PRIOR TO PLANTING SET PLANT ON UNDISTURBED NATIVE SOIL CONTRACTOR IS RESPONSIBLE FOR TESTING PERCOLATION RATES PRIORTO PLANTING. NOTIFY LANDSCAPE ARCHITECT IMMEDIATELY If POOR DRAINAGE EXISTS. " DECIDUOUS TREE PLANTING DETAIL TOLD SCAE: I2' =1'E . -+.Tr mtec REFER TO PI AN 3 SHRUB PLANTING DETAIL 70L ME' 314 " =V-Ec LOOSEN ROOTS OF ALL CONTAINERIZED PLANTS. SCARIFY BOTTOM AND SIDES OF HOLE PRIOR TO PLANTING SHRUBS TO BE PLACED SO THAT TOP OF CONTAINER SITS FLUSH WITH PROPOSED GRADE. MULCH - 3° DEEP - SEE SPEC LANDSCAPE FABRIC - SEE SPEC. EDGING MATERIAL - SEE SPEC. EDGE VARIES - REFER TO PLAN PLANTING SOIL - SEE SPEC. BUILDING WALL (TYP) THE CONTRACTOR 15 RESPONSIBLE FOR MAINTAINING ALL TREES IN A PLUMB POSITION THROUGH THE WARRANTY PERIOD. STAKING 15 SUGGESTED, BUT NOT REQUIRED. ANY STAKING MUST CONFORM WITH PRACTICES AS DEFINED IN A. NA. GUIDELINES FOR STANDARD PRACTICES PRUNE ANY DAMAGED BRANCHES AFTER PLANTING IS COMPLETE. REMOVE ALL FLAGGING AND LABELING FROMTREE. WATER TREE THOROUGHLY DURING PLANTING OPERATIONS. PLACE BACKFILL IN 8 -12' LIFTS AND SATURATE SOIL WITH WATER. DO NOTCOMPACT MORETHAN NECESSARY TO MAINTAIN PLUMB. 16'.2" POLYPROPYLENE OR POLYETHYLENE STRAP SAFETY FLAGGING - ONE PER WIRE MULCH -4 " DEEP -PER SPECS. MULCH MUST NOT BE IN CONTACT WITH TRUNK. WOOD STAKE (OPTIONAL) EDGE VARIES - SEE PLAN SCARIFY BOTTOM AND SIDES OF HOLE PRIOR TO PLANTING ROOT BALL SET ON MOUNDED SUBGRADE CONTRACTOR IS RESPONSIBLE FOR TESTING PERCOLATION RATES PRIOR TO PLANTING. NOTIFY LANDSCAPE ARCHITECT IMMEDIATELY IF POOR DRAINAGE EXISTS. L Z 1 CONIFEROUS TREE PLANTING DETAIL TOLD $CALF- 1/2=V -Y VARIES l PERENNIAL PLANTING MULCH - SEE SPECS. 3" DEPTH EDGER - SEE SPECS. EDGE VARIES -SEE PLAN 12" DEPTH (MIN). LOAM PLANTING SOIL - SEE SPECS LOOSEN ROOTS OF PLANT MATERIAL PRIOR TO PLANTING ONE LOUCKS PLANNING CIVIL ENGINEERING LAND SURVEYING LANDSCAPE ARCHITECTURE ENVIRONMENTAL 7200 Hemlock Lane, Suite 300 Maple Grove, MN 55369 763.424.5505 —loucksinc ra �dpo 01/05/16 PUD Submittal 03/04/16 Revised PUD Submittal 04/07/16 MCWDSubmittal 04/29/16 Revised City Submittal 06/03/16 Construction Documents IAz<by cent --£ M3t �h'z p!�, spzof;a[an oraport..� p-uxd trl ma or uMxr,rl �Kt r+R�.:zan s -,d rh3t m a d.j L'wnud Un�cap3 n.d.4a °.aixr H,e la,.x o /dz SL—a of CA m� oh License Nn. szaso Date 6/03/16 Loucks Project No. 15631 Project Lead VJV Drawn By NWE Checked By VJV Review Data ISEEMEMEMEEM 6/03/16 COT COVER SHEET C7 -1 EXISTING CONDITIONS C1 -2 DEMOLITION PLAN C2-1 SITE PLAN SITE 1: PLAN C3- 2 -C3-4 SW PP PLAN C4-1 UTILITY PLAN C8- 1 -CB -2 CIVIL DETAILS 11 -1 LANDSCAPE PLAN LI -2 LANDSCAPE DETAILS L2 -1 TREE PRESERVATION PLAN OR W OD SENIOR HOUSING / / \\ / / \ V / I . -NW mnx °/ tAe SIV //4 a/ the N 0 A =SB 4452"`06.65e, X 29B - = - -u ! / rrtNryc c—��`� l7� F, Sf / /4°/ S J4• T. ll7• R 13 i' .-N Ore of M. S1Y //4 °/ th, SE //4 / i °/S Jf, T. !l7• R 1JI ft N fm Avd 9A Rd M �14 III -c—'- — — ,,C/ S69'22WE 5158 /'1 / I ' h � \ s m `s el / 68 •b\ `�� A ` / , i / / I / ._ 0 mm LOUCKS a C= 1867 -. t, _ / / / / 4 �aa / o / / 0 40 80 SCALE IN FEET BEARINGS ARE ASSUMED O DENOTES 1/2 INCH X 14 INCH IRON MONUMENT SET, MARKED 'LS 48988' • DENOTES IRON MONUMENT FOUND, MARKED 'LS 48988' 0 DENOTES CAST IRON MONUMENT FOUND A— DENOTES RIGHT OF ACCESS I C.R. DOC. NO. R.T. DOC. NO. I Exhibit D , W / L - --- e -- I N8912'20' 1345.93 ch. P—wN m rn. N lire a Ere N° SE I/4 °/ S 3t, III, K' °' v / l75 r N lb. °/Cot I74 Ad Sd. Na Fii -' mm LOUCKS a C= 1867 -. t, _ / / / / 4 �aa / o / / 0 40 80 SCALE IN FEET BEARINGS ARE ASSUMED O DENOTES 1/2 INCH X 14 INCH IRON MONUMENT SET, MARKED 'LS 48988' • DENOTES IRON MONUMENT FOUND, MARKED 'LS 48988' 0 DENOTES CAST IRON MONUMENT FOUND A— DENOTES RIGHT OF ACCESS I C.R. DOC. NO. R.T. DOC. NO. I Exhibit D Building a legacy äšÒ© legacy. 477 Temperance Street St. Paul, MN 55101 Tel: 651-286-8450 Fax: 651-286-8488 May 18, 2016 Mr. Brad Nielsen, Planning Director City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Re: Oppidan Shorewood Senior Living Facility Final Plat Review City Project No. 16-05 WSB Project No. 02925-150 Dear Mr. Nielsen: We have reviewed the final plat submittal that includes the site plan, grading plan, utility plan, storm water management plan, and landscape plans for the Oppidan Shorewood Senior Living Development. Plans are prepared by Loucks, dated April 29, 2016. We have the following comments and recommendations for the final plat review. General 1.Prior to the start of any construction, permits will need to be agencies: a.MPCA Construction General Permit b.Minnehaha Creek Watershed District c.MNDOT (work in ROW/ regarding stormwater and minor grading) d.Minnesota Department of Health 2.A maintenance plan will be required to ensure that the stormwater treatment facilit maintained long term. The conditional language must, at a minimum, include the following: a.Annual inspection b.Maintenance of all erosion control measures including, but not l to: rip rap, storm sewer outlets, vegetation, catch basin inlets, etc. c.Verification of system drawdowns with 48 hours for infiltration d.Removal of trash and debris. Final Plat 1.Final Plat needs to provide a drainage and utility easement over the stormwater basin. 2.should be . Equal Opportunity Employer wsbeng.com K:\02925-150\Admin\Docs\LTR_PTH-BNielsen-051816-Final plat review - Submittal 2_PTH.docx Mr. Brad Nielsen May 18, 2016 Page 2 Demolition Plan 1.The City sanitary sewer along the north side of Chaska Road shou the connection to the MCES interceptor sewer. This manhole need 2.Coordinate with the Minnesota Department of Health and Hennepin ty as required for abandonment of existing wells. Site Plan 1.Pedestrian ramps will need to meet current ADA requirements. ThCity does have detail in the Standard Specifications and Detail plates, 2016 edition for reference. 2.The concrete walk on the south side of the building should be either tied into the concrete walk on the east (south) side of the building, or show a pedestrian ramp where the walk connects to the driveway. Grading Plan 1.Design certification for retaining wall systems will be required identified with the construction plans. Walls constructed as single height or tiered height greater than 4 feet will need to be designed by a licensed professional in Minnesota. 2.Show the pond HWL, NWL on the grading plan. 3.Show and label the emergency overflow (EOFs) for the drainage swale on the south and south west side of the building. 4.Provide 1-There is 966.5) to the apparent south side of the building (966.0). oard from the ground floor elevation (GFE) to the EOF just north of the garage entrance. 5.The geotechnical report recommends the use of subdrains and sump building for drainage control. Indicate how the discharge of water from the proposed subdrains is directed or piped away from the building. Storm Water Pollution and Prevention Plan and SWPPP Details 1. The area to the west of the proposed building and adjacent to th-of-way shall be stabilized using erosion control blanket with perimeter control installed at the top of the slope once the grading is finished to prevent sediment from washing int-of-way. Utility Plan and Civil Details 1.The plan proposes connecting to an existing MCES interceptor sewer manhole in Chaska Road. The proposed connection will need to be permitted and approved by the MCES prior to City plan approval. K:\02925-150\Admin\Docs\LTR_PTH-BNielsen-051816-Final plat review - Submittal 2_PTH.docx Mr. Brad Nielsen May 18, 2016 Page 3 2.90- degree angle with Chaska Road. 3.The shown on the water service shall be changed to a gate valve. 4. . 5.The minimum allowable vertical separation between watermains and storm and sanitary sewers is to as noted). Watermain offsets below conflicting pipes is recommended to be in accordance with -10). 6.Show the casting type of Outlet Control Structure 6 in the middle of the parking lot. Its rim is shown as an emergency overflow in detail plate 4316. 7. whereas the 1999 Edition is referenced in the plan construction notes. 8.The City of Shorewood Standard Detail Plates shall be used for work within the City right of way including Concrete Valley Gutter (RDW-8) and Watermain Insulation & Lowering Standard Detail Plate (WAT-10). Stormwater Analysis 1.Provide the current storm sewer rational method design worksheet 2.The plan includes sump catch basin with a snout to remove floatables for pretreatm recommended that the sump structure include either the installation of a Saffle Baffle or Preserver to prevent scouring and sediment resuspension within th 3.The plan adequately demonstrates that the development meets control, volume control, and water quality requirements. 4.Verify pipe connecting perforated chambers to pond will perform adequately in a large rain event. Please contact me if you have any questions or need any addition Sincerely, WSB & Associates, Inc. Paul Hornby, P.E. City Engineer (651) 286-8453 phornby@wsbeng.com ph K:\02925-150\Admin\Docs\LTR_PTH-BNielsen-051816-Final plat review - Submittal 2_PTH.docx #10A MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title/Subject: Draft Tax Increment Financing Plan (Oppidan Project) Meeting Date: June 13, 2016 Prepared by: Bruce DeJong, Finance Director Reviewed by: Bill Joynes, City Administrator Attachments: Resolution Table 1 Draft Tax Increment Financing Plan Policy Consideration: Does the City Council want to adopt a draft Tax Increment Financing (TIF) plan for the Oppidan Senior Housing Project? Background: The city has worked with Oppidan to prepare plans for a senior housing project on Chaska Road. The site has some limitations that need to be addressed to allow the development to proceed. These costs are eligible to be financed through a TIF district. A TIF district functions by capturing the "incremental tax' that is generated by replacing a low value property with one of higher value. All taxing jurisdictions get to keep the existing taxes that the property currently generates so there is no loss in revenue. The TIF district then pays off the costs of development over a number of years by using the "incremental" (or additional)taxes that are generated by the higher taxable value that would have been paid to the city, county and school district. When the TIF district has reached the end of its maximum life, or when all eligible costs have been paid, the district is decertified. Then the property taxes are distributed to all jurisdictions and they can reap the reward of the new development which would not have occurred "but for" the assistance provided by the TIF district. There are two important terms in determining a TIF district. The first is the TIFDistrict. This consists of the parcels on which the development occurs. If no development activities occur on a parcel in four years,the parcel has to be decertified and is no longer include in the project. The Oppidan TIF District will encompass three parcels along the west side of Chaska Road. The Project Area is the area in which any project costs can be incurred. In some cases this is a defined area surrounding the TIFDistrict, but many cities make the project area the entire area of the city. Staff is recommending the entire city as the least restrictive option for this project. TIF regulations require that at least 75% of the costs occur on the TIFDistrict properties.The total amount of eligible TIFDistrict costs includes soil corrections, hazardous waste abatement, storm sewer, power line burial, interest on the TIF note, and other site work. The total of the on-site costs are$1,876,164 as shown on Table 1. Up to 25%of costs can be expended in the greater Project Area. Most of the city's costs are outside of the TIF District. The cost of getting water main extended to the south side of Highway 7 exceeds$1,350,000. The costs include the actual water main extension, minor sanitary sewer work, and street restoration since we have to dig up the road in order to install the piping. We have also included $62,000 for roadway improvements to address neighborhood concerns about increased traffic. This total cost of$1,415,044 is partially offset by the$400,000 Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 that Oppidan has agreed to pay toward the water extension. This leaves$1,015,044 to be covered by TIF revenues. Financial or Budget Considerations: Included in the Draft TIF Plan is Exhibit III on page 17 which shows the estimated value of the property upon completion of$17,194,320. This value is inflated by 1%for the life of the district to obtain a reasonable estimate of the taxes generated over the years. The cash flows are split 75/25 to repay both the developer note and the city inter-fund loan simultaneously. Column 11 shows the annual estimated TIF revenues totaling $3,677,750. The last two columns labeled A& B show the net present value (P.V.) of the 75%cash flows and the 25%cash flows respectively. The first column total of$2,282,145 is more than sufficient to support the developer's TIF Note principal amount of$1,876,164 at an interest rate of 5.5%. The second column total of $1,409,587 is more than sufficient to repay the city's principal amount of$1,015,044 at an interest rate of 1.0%. Please remember that the added advantage of extending the water line south of Highway 7 is that we expect to have at least 30 additional connections to the water system which will replenish the Water Fund with $300,000 based on a $10,000 connection fee. Options: 1. Adopt the resolution and authorize the City Administrator to deliver the Preliminary TIF Plan as presented to Hennepin County and the Minnetonka School District. 2. Modify the TIF Plan as desired and adopt the resolution and authorize the City Administrator to deliver the modified Preliminary TIF Plan to Hennepin County and the Minnetonka School District. 3. Decline to proceed further with TIF financing for this project. Recommendation/Action Requested: Staff recommends that the City Council adopt the resolution and authorize the City Administrator to deliver the Preliminary TIF Plan as presented to Hennepin County and the Minnetonka School District. Next Steps and Timelines: Notices of the public hearing will be published in the papers of record with the public hearing for final approval of TIF to be held at a special Meeting on July 14, 2016. The Preliminary TIF Plan will also be reviewed by the Planning Commission at the June 21, 2016 meeting. Connection to Vision/Mission: This process redevelops blighted properties and increases the taxable property value in the city. CITY OF SHOREWOOD RESOLUTION NO. 16- RESOLUTION ADOPTING THE DRAFT TAX INCREMENT FINANCING PLAN FOR TIF DISTRICT NO. 2 (OPPIDAN SENIOR HOUSING) WHEREAS, the City Council has adopted land use and planning items necessary for the Oppidan Senior Housing Project on Chaska Road; and WHEREAS, the existing properties have been evaluated by LHB as meeting the blight test for a Redevelopment Tax Increment District; and WHEREAS, there are costs associated with the removal of the blight, mitigation of hazardous wastes on site, site preparation, extension of public utilities to the site, and roadway improvements that are eligible to be financed with tax increment revenues; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood adopts the draft Tax Increment Financing Plan for Tax Increment Financing District 2 within Redevelopment Project Area No. 2. and authorizes the City Administrator to deliver the plan to Hennepin County and the Minnetonka School District for review and comment. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 13th day of June, 2016. ATTEST: Scott Zerby, Mayor Jean Panchyshyn, City Clerk Oppidan TIF Analysis June 7, 2016 f 1► � 1 i � � T [ + � � � i I ►� � � EXTRAORDINARY COSTS Table 1 Site Improvement - Soil Correction $808,718.00 Site Improvement - Hazard Waste Abatement $27,500.00 Storm Sewer on Chaska Rd $87,412.00 Bury Power Line on Chaska Rd $150,000.00 TOTAL EXTRAORDINARY COSTS $1,073,630.00 $1,073,630.00 OTHER ALLOWABLE COSTS Site Improvement - Other Site Work $802,534.00 TOTAL OTHER ALLOWABLE COSTS $802,534.00 $0.00 Total Oppidan Costs (TIF Note to Oppidan) $1,876,164.00 $1,073,630.00 Interest $1,524,368.00 $872,315.65 TOTAL IN- DISTRICT COSTS $3,400,532.00 $1,945,945.65 (75% of total) Available for Off -Site Costs (25% of total) Full TIF Amount OFF -SITE COSTS $1,133,511.00 $648,649.00 $4,534,043.00 $2,594,594.65 Watermain Extension $809,730.00 Sanitary Sewer $17,145.00 Street Restoration $526,169.00 Traffic Improvements $62,000.00 Less Oppidan Contribution to Water ($400,000.00) TOTAL OFF -SITE COSTS (Interfund Loan from City) $1,015,044.00 $1,015,044.00 Interest $128,366.00 $128,366.00 TOTAL OUT OF DISTRICT COSTS $1,143,410.00 $1,143,410.00 TOTAL PROJECT COSTS $4,543,942.00 $3,089,355.65 Total Project With Allowable Costs Total Project With Only Extraordinary Costs Less Full TIF Amount $4,543,942.00 $3,089,355.65 ($4,534,043.00) ($2,594,594.65) Amount to be Covered by Other Sources $9,899.00 $494,761.00 City of Shorewood, Minnesota Shorewood Economic Development Authority Tax Increment Financing Plan for Tax Increment Financing (Redevelopment) District No. 2 Within Redevelopment Project Area No. 2 Draft Dated: June 10, 2016 Public Hearing Scheduled: July 14, 2016 Anticipated Approval: July 14, 2016 Prepared by: SPRINGSTED INCORPORATED 380 Jackson Street, Suite 300 St. Paul, MN 55101-2887 (651)223-3000 WWW.SPRINGSTED.COM TABLE OF CONTENTS Section Page(s) A. Definitions..............................................................................................................................................................1 B. Statutory Authorization..........................................................................................................................................1 C. Statement of Need and Public Purpose.................................................................................................................1 D. Statement of Objectives ........................................................................................................................................1 E. Designation of Tax Increment Financing District as a Redevelopment District......................................................1 F. Duration of the TIF District.....................................................................................................................................3 G. Property to be Included in the TIF District..............................................................................................................3 H. Property to be Acquired in the TIF District.............................................................................................................3 I. Specific Development Expected to Occur Within the TIF District..........................................................................4 J. Findings and Need for Tax Increment Financing...................................................................................................4 K. Estimated Public Costs..........................................................................................................................................6 L. Estimated Sources of Revenue.............................................................................................................................6 M. Estimated Amount of Bonded Indebtedness..........................................................................................................7 N. Original Net Tax Capacity......................................................................................................................................7 O. Original Local Tax Rate.........................................................................................................................................7 P. Projected Retained Captured Net Tax Capacity and Projected Tax Increment.....................................................8 Q. Use of Tax Increment............................................................................................................................................8 R. Excess Tax Increment...........................................................................................................................................9 S. Tax Increment Pooling and the Five Year Rule.....................................................................................................9 T. Limitation on Administrative Expenses................................................................................................................10 U. Limitation on Property Not Subject to Improvements-Four Year Rule...............................................................10 V. Estimated Impact on Other Taxing Jurisdictions..................................................................................................11 W. Prior Planned Improvements...............................................................................................................................11 X. Development Agreements...................................................................................................................................11 Y. Assessment Agreements.....................................................................................................................................12 Z. Modifications of the Tax Increment Financing Plan .............................................................................................12 AA. Administration of the Tax Increment Financing Plan............................................................................................12 AB. Filing TIF Plan, Financial Reporting and Disclosure Requirements.....................................................................13 Map of the Tax Increment Financing District and Development District..................................................EXHIBIT I AssumptionsReport...............................................................................................................................EXHIBIT II Projected Tax Increment Report............................................................................................................EXHIBIT III Estimated Impact on Other Taxing Jurisdictions Report........................................................................EXHIBIT IV Market Value Analysis Report................................................................................................................EXHIBIT V Shorewood Economic Development Authority and City of Shorewood, Minnesota Section A Definitions The terms defined in this section have the meanings given herein, unless the context in which they are used indicates a different meaning: "Authority" means Economic Development Authority of the City Shorewood, Minnesota. "City„means the City of Shorewood, Minnesota; also referred to as a"Municipality". "City Council" means the City Council of the City; also referred to as the"Governing Body". "County„ means Hennepin County, Minnesota "Project Area" means the geographic area of the Redevelopment Project. "Redevelopment Project" means the Redevelopment Project Area in the City,which is described in the corresponding Redevelopment Plan. "Redevelopment Plan" means the Redevelopment Plan for the Redevelopment Project. "EDA" means Shorewood Economic Development Authority. "School District" means Independent School District No. 276, Minnesota. "State"means the State of Minnesota. "TIF Act" means Minnesota Statutes, Sections 469.174 through 469.1794, both inclusive. "TIF District"means Tax Increment Financing (Redevelopment) District No.2. "TIF Plan" means the tax increment financing plan for the TIF District(this document). Section B Statutory Authorization See the Redevelopment Plan for the Redevelopment Project Area. Section C Statement of Need and Public Purpose See the Redevelopment Plan for the Redevelopment Project Area. Section D Statement of Objectives See the Redevelopment Plan for the Redevelopment Project Area. Section E Designation of Tax Increment Financing District as a Redevelopment District Redevelopment districts are a type of tax increment financing district in which one or more of the following conditions exists and is reasonably distributed throughout the district: (1) parcels comprising at least 70% of the area of the district are occupied by buildings, streets, utilities, paved or gravel parking lots, or other similar structures and more than 50% of the buildings, not including SPRINGSTED Pagel Shorewood Economic Development Authority and City of Shorewood, Minnesota outbuildings, are structurally substandard requiring substantial renovation or clearance. A parcel is deemed "occupied" if at least 15% of the area of the parcel contains buildings, streets, utilities, paved or gravel parking lots,or other similar structures. (2) the property consists of vacant, unused, underused, inappropriately used, or infrequently used railyards, rail storage facilities, or excessive or vacated railroad right-of-ways; or (3) tank facilities, or property whose immediately previous use was for tank facilities, as defined in section 115C.02, subdivision 15, if the tank facilities: (i) have or had a capacity of more than 1,000,000 gallons; (ii) are located adjacent to rail facilities; and (iii) have been removed or are unused, underused, inappropriately used, or infrequently used. For districts consisting of two more noncontiguous areas, each area must individually qualify under the provisions listed above,as well as the entire area must also qualify as a whole. The TIF District qualifies as a redevelopment district in that it meets all of the criteria listed in (1) above. The supporting facts and documentation for this determination will be retained by the City for the life of the TIF District and are available to the public upon request.An analysis was completed by LHB to make this determination. "Structurally substandard" is defined as buildings containing defects or deficiencies in structural elements, essential utilities and facilities, light and ventilation, fire protection (including egress), layout and condition of interior partitions, or similar factors. Generally, a building is not structurally substandard if it is in compliance with the building code applicable to a new building, or could be modified to satisfy the existing code at a cost of less than 15%of the cost of constructing a new structure of the same size and type. A city may not find that a building is structurally substandard without an interior inspection, unless it can not gain access to the property and there exists evidence which supports the structurally substandard finding. Such evidence includes recent fire or police inspections, on-site property tax appraisals or housing inspections, exterior evidence of deterioration, or other similar reliable evidence. Written documentation of the findings and reasons why an interior inspection was not conducted must be made and retained. A parcel is deemed to be occupied by a structurally substandard building if the following conditions are met: (1) the parcel was occupied by a substandard building within three years of the filing of the request for certification of the parcel as part of the district; (2) the demolition or removal of the substandard building was performed or financed by the City, or was performed by a developer under a development agreement with the City; (3) the City found by resolution before such demolition or removal occurred that the building was structurally substandard and that the City intended to include the parcel in the TIF district,and (4) the City notifies the county auditor that the original tax capacity of the parcel must be adjusted upon filing the request for certification of the tax capacity of the parcel as part of a district. In the case of(4)above, the County Auditor shall certify the original net tax capacity of the parcel to be the greater of (a)the current tax capacity of the parcel, or (b)a computed tax capacity of the parcel using the estimated market value of the parcel for the year in which the demolition or removal occurred, and the appropriate classification rate(s) for the current year. At least 90 percent of the tax increment from a redevelopment district must be used to finance the cost of correcting conditions that allow designation as a redevelopment district. These costs include, but are not limited to, acquiring properties containing structurally substandard buildings or improvements or hazardous substances, pollution, or contaminants, acquiring adjacent parcels necessary to provide a site of sufficient size to permit development, demolition and rehabilitation of structures, clearing of land, removal of hazardous substances or remediation SPRINGSTED Page 2 Shorewood Economic Development Authority and City of Shorewood, Minnesota necessary to develop the land, and installation of utilities, roads, sidewalks, and parking facilities for the site. The allocated administrative expenses of the City may be included in the qualifying costs. Section F Duration of the TIF District Redevelopment districts may remain in existence 25 years from the date of receipt by the City of the first tax increment. Modifications of this plan (see Section Z)shall not extend these limitations. Pursuant to Minnesota Statutes, Section 469.175, subd. 1(b), the City specifies 2019 as the first year in which it elects to receive tax increment from the TIF District,which is no later than four years following the year of approval of the TIF District. Thus, the City may collect increment from the district through December 31, 2044, and anticipates that the TIF District may be active for the maximum duration allowed (see Section P). However the City will decertify the TIF District as early as possible should the projected increment be received in a shorter time period than originally projected. All tax increments from taxes payable in the year the TIF District is decertified shall be paid to the City. Section G Property to be Included in the TIF District The TIF District comprises of 3 parcels containing substandard buildings to be demolished. The total area of the TIF district also includes adjacent streets and right-of-way located within the Project Area. A map showing the location of the TIF District is shown in Exhibit I. The boundaries and area encompassed by the TIF District are described below: Parcel Number Legal Description THAT PART OF LOT 148 AND OF VAC WATER ST WHICH LIES SELY OF STATE HWY NO 7 AND NELY OF HWY NO 41 AND THAT PART OF FOL DESC 34-117-23-43-0033 TRACT WHICH LIES NLY OF SLY 129.45 FT THOF THAT PART OF LOT 175 LYING NLY OF THE FOL DESC LINE COM AT A PT ON W LINE OF LOT 175 DIST 133.13 FT S OF NW COR THOF TH DEFLECT LEFT 68 DEG 15 MIN TO CTR LINE OF STATE HWY AND THERE TERMINATING EX HWY SLY 129.45 FT OF THAT PART OF LOT 175 LYING NLY OF FOL DESC LINE 34-117-23-43-0034 COM AT A PT ON W LINE OF LOT 175 DIST 133.13 FT S OF NW COR THOF TH DEFLECTING LEFT 68 DEG 15 MIN TO CTR LINE OF STATE HWY NO 41 AND THERE TERMINATE EX HWY THAT PART OF LOT 175 LYING SLY OF THE FOL DESC LINE COM AT A PT 34-117-23-43-0002 ON THE W LINE OF SAID LOT DIS 133.13 FT S OF NW COR THEREOF TH DEFLECTING LEFT 68 DEG 15 MIN TO THE CTR LINE OF STATE HWY NO 41 AND THERE TERMINATE EX HWY The area encompassed by the TIF District shall also include all street or utility right-of-ways located upon or adjacent to the property described above, as illustrated in the boundary map included in Exhibit I. Section H Property to be Acquired in the TIF District The City may acquire and sell any or all of the property located within the TIF District; however, the City does not anticipate acquiring any such property. SPRINGSTED Page 3 Shorewood Economic Development Authority and City of Shorewood, Minnesota Section 1 Specific Development Expected to Occur Within the TIF District The proposed project includes the redevelopment of property within the City that consists of blighted buildings that were found to be substandard and will be demolished. The developer is planning the new construction of an approximate 104 unit senior housing facility that will provide independent living, assisted living and memory care units for residents of the community and surrounding area. The City and developer have identified significant soil correction and public improvements associated with redevelopment of the project site that are deemed necessary for the project to proceed. The City anticipates providing financial assistance for the costs associated with redevelopment of the property and also to finance certain public improvements related to the development project. The City may also use available tax increment revenues to finance a portion of the eligible related administrative expenses. Demolition and subsequent construction of the new development on the project site is projected to start in late 2016. The project is expected to be fully constructed by December 31, 2017, and be 100%assess and on the tax rolls as of January 2, 2018 for taxes payable 2019. Section J Findings and Need for Tax Increment Financing In establishing the TIF District, the City makes the following findings: (1) The TIF District qualifies as a redevelopment district; The City hired LHB to inspect and evaluate the property within the proposed Tax Increment Financing District No. 2 to be established by the City. The purpose of the evaluation was to determine if the proposed district met the statutory requirements for coverage and if the buildings met the qualifications required for a Redevelopment District. A final report was prepared for the City to retain on file in City offices for public inspection. The report contains the details of the findings summarized below regarding the substandard qualifications: • The TIF District consists of three parcels that are occupied so 100 percent of the area of the proposed TIF District is occupied (exceeding the 70 percent coverage test); • 100 percent of the buildings in the proposed District contain code deficiencies exceeding the 15 percent threshold; • at least 50 percent of the buildings are structurally substandard to a degree requiring substantial renovation or clearance, because of defects in structural elements or a combination of deficiencies in essential utilities and facilities, light and ventilation, fire protection including adequate egress, layout and condition of interior partitions, or similar factors which defects or deficiencies are of sufficient total significance to justify substantial renovation or clearance, exceeding the more than 50 percent substandard test; and • The substandard buildings are reasonably distributed throughout the geographic area of the proposed TIF District. (2) The proposed redevelopment, in the opinion of the City,would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future and the increased market value of the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in the market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of the district permitted by the TIF Plan. SPRINGSTED Page 4 Shorewood Economic Development Authority and City of Shorewood, Minnesota Factual basis: Proposed development not expected to occur. The proposed project consists of the redevelopment of property within the City that consists of blighted properties that were found to be substandard and will be demolished following establishment of the district. The City and developer have identified significant soil correction and public improvements associated with redevelopment of the project site in conjunction with new development. The estimated total redevelopment costs, including the soil correction and public improvements, of this property make the total cost of this effort significantly higher than costs reasonably incurred for similar developments on a clean site. The City's finding that the proposed redevelopment would be unlikely to occur solely through private investment within the reasonably foreseeable future is based on an analysis of the proforma and other materials submitted by the developer. As necessary, the City anticipates analyzing future developer's proformas in detail to determine the minimal amount of assistance needed to compensate developers for extraordinary and allowable costs. No higher market value expected: If the proposed redevelopment did not go forward, for the same reasons described above, no significant alternative redevelopment of the proposed TIF area would occur. The former building was closed and vacated and since demolished, and it is highly unlikely that significant improvements would be made on the vacant property site without financial assistance. In short,there is no basis for expectation that the area would redevelop or be renovated in any significant way purely by private action without public subsidy. To summarize the basis for the City's findings regarding alternative market value, in accordance with Minnesota Statutes, Section 469.175, Subd. 3(d),the City makes the following determinations: a. The City's estimate of the amount by which the market value of the site will increase without the use of tax increment financing is anywhere from $0 to some modest amount based on small scale renovation or redevelopment that could be possible without assistance; any estimated values would be too speculative to ascertain. b. If the proposed development to be assisted with tax increment occurs in the District, the total increase in market value would be approximately$20,847,224, including the value of the building (See Exhibit V). C. The present value of tax increments from the District for the maximum duration of the district permitted by the TIF Plan is estimated to be$3,053,857(See Exhibit V). d. Even if some development other than the proposed development were to occur, the Council finds that no alternative would occur that would produce a market value increase greater than $17,793,367(the amount in clause b less the amount in clause c)without tax increment assistance. (3) The TIF Plan will afford maximum opportunity, consistent with the sound needs of the City as a whole,for development of the Project Area by private enterprise. Factual basis: The anticipated redevelopment of the project site and any subsequent demolition, reconstruction, or renovation related to the project will remain consistent with the City's design goals. (4) The TIF Plan conforms to general plans for development of the City as a whole. SPRINGSTED Page 5 Shorewood Economic Development Authority and City of Shorewood, Minnesota Factual basis: The City Planning Commission has determined that the development proposed in the TIF Plan conforms to the City comprehensive plan. Section K Estimated Public Costs The estimated public costs of the TIF District are listed below. Such costs are eligible for reimbursement from tax increments of the TIF District. Land/Building acquisition 0 Site improvement/preparation costs 1,876,164 Utilities 1,015,044 Other public improvements(surplus) 1,912,233 Interest expenses 1,652,734 Administrative expenses 131,759 Total 6,587,934 The City anticipates using tax increment to the extent available to finance site improvement/preparation costs, including soil correction, hazardous waste abatement, utilities and public improvement infrastructure costs, related administrative expenses, and other TIF-eligible expenditures as deemed necessary and related to redevelopment of the project site. The City reserves the right to administratively adjust the amount of any of the items listed above or to incorporate additional eligible items, so long as the total estimated public cost ($6,587,934) is not increased. The City also reserves the right to fund any of the identified costs with any other legally available revenues, but anticipates that such costs will be primarily financed with tax increments. Section L Estimated Sources of Revenue Tax Increment revenue 6,587,934 Interest on invested funds Bond proceeds Loan proceeds Grants Other Total 6,587,934 The City anticipates providing financial assistance on a pay-as-you-go basis for site improvement and infrastructure costs, as well as other TIF-eligible expenses related to the proposed development. As tax increments are collected from the TIF District in future years, a portion of these taxes will be used by the City to reimburse the developer/owner for public costs incurred (see Section K). The City also anticipates retaining the remaining increment to finance additional needed public improvement costs. The City reserves the right to finance any or all public costs of the TIF District using pay-as-you-go assistance, internal funding, general obligation or revenue debt, or any other financing mechanism authorized by law. The City also reserves the right to use other sources of revenue legally applicable to the Project Area to pay for such costs including, but not limited to, special assessments, utility revenues,federal or state funds, and investment income. SPRINGSTED Page 6 Shorewood Economic Development Authority and City of Shorewood, Minnesota Section M Estimated Amount of Bonded Indebtedness The maximum principal amount of bonds (as defined in the TIF Act)secured in whole or part with tax increment from the TIF District is$6,587,934. The City currently plans to finance the public improvements in the form of a pay-as-you go revenue note, but reserves the right to issue bonds in any form, including without limitation any interfund loan with interest not to exceed the maximum permitted under Section 469.178, subd. 7 of the TIF Act. Section N Original Net Tax Capacity The County Auditor shall certify the original net tax capacity of the TIF District. This value will be equal to the total net tax capacity of all property in the TIF District as certified by the State Commissioner of Revenue. For districts certified between January 1 and June 30, inclusive, this value is based on the previous assessment year. For districts certified between July 1 and December 31, inclusive, this value is based on the current assessment year. The Estimated Market Value of all property within the TIF District as of January 2, 2016,for taxes payable in 2017, is $985,000 and the estimated tax capacity is $12,880. Upon establishment off the district and subsequent reclassification the estimated original net tax capacity of the TIF District is expected to be $12,313. This assumes the property is reclassified from residential owner-occupied and commercial to residential rental. This value is also assumed to be the value of the property, including land and building, as of the date the substandard building occupied the parcel. Each year the County Auditor shall certify the amount that the original net tax capacity has increased or decreased as a result of: (1) changes in the tax-exempt status of property; (2) reductions or enlargements of the geographic area of the TIF District; (3) changes due to stipulation agreements or abatements; or (4) changes in property classification rates. Section 0 Original Local Tax Rate The County Auditor shall also certify the original local tax rate of the TIF District. This rate shall be the sum of all local tax rates that apply to property in the TIF District. This rate shall be for the same taxes payable year as the original net tax capacity. In future years, the amount of tax increment generated by the TIF District will be calculated using the lesser of(a)the sum of the current local tax rates at that time or(b)the original local tax rate of the TIF District. The sum of all local tax rates that apply to property in the TIF District, for taxes levied in 2016 and payable in 2017, is not available at the time off drafting of this document. The County Auditor shall certify the amount for taxes payable 2017 as the original tax capacity rate of the TIF District once available. For purposes of estimating the tax increment generated by the TIF District, the sum of the local tax rates for taxes levied in 2015 and payable in 2016, is 109.724% as shown below. SPRINGSTED Page 7 Shorewood Economic Development Authority and City of Shorewood, Minnesota 2015/2016 Taxing Jurisdiction Local Tax Rate City of Shorewood 30.227% Hennepin County 45.356% ISD#276 22.887% Other 11.254% Total 109.724% Section P Projected Retained Captured Net Tax Capacity and Projected Tax Increment The City anticipates that the redevelopment will be completed by December 31, 2017, creating a total tax capacity for TIF District No. 2 of$214,929 as of January 2, 2018. The captured tax capacity as of that date is estimated to be $202,617 and the first full year of increment is projected to be in $222,319 in taxes payable 2019. A complete schedule of estimated tax increment from the TIF District is shown in Exhibit IV. Each year the County Auditor shall determine the current net tax capacity of all property in the TIF District. To the extent that this total exceeds the original net tax capacity, the difference shall be known as the captured net tax capacity of the TIF District. The estimates shown in this TIF plan assume that residential rental class rates remain at 1.25% of the estimated market value, and assume 1%annual increases in market values. Each year the County Auditor shall determine the current net tax capacity of all property in the TIF District. To the extent that this total exceeds the original net tax capacity, the difference shall be known as the captured net tax capacity of the TIF District. The County Auditor shall certify to the City the amount of captured net tax capacity each year. The City may choose to retain any or all of this amount. It is the City's intention to retain 100% of the captured net tax capacity of the TIF District. Such amount shall be known as the retained captured net tax capacity of the TIF District. Exhibit II gives a listing of the various information and assumptions used in preparing a number of the exhibits contained in this TIF Plan, including Exhibit III which shows the projected tax increment generated over the anticipated life of the TIF District. Section Q Use of Tax Increment Each year the County Treasurer shall deduct 0.36%of the annual tax increment generated by the TIF District and pay such amount to the State's General Fund. Such amounts will be appropriated to the State Auditor for the cost of financial reporting and auditing of tax increment financing information throughout the state. Exhibit III shows the projected deduction for this purpose over the anticipated life of the TIF District. The City has determined that it will use 100% of the remaining tax increment generated by the TIF District for any of the following purposes: (1) pay for the estimated public costs of the TIF District (see Section K) and County administrative costs associated with the TIF District(see Section T); (2) pay principal and interest on tax increment bonds or other bonds issued to finance the estimated public costs of the TIF District; SPRINGSTED Page 8 Shorewood Economic Development Authority and City of Shorewood, Minnesota (3) accumulate a reserve securing the payment of tax increment bonds or other bonds issued to finance the estimated public costs of the TIF District; (4) pay all or a portion of the county road costs as may be required by the County Board under M.S. Section 469.175, Subdivision 1a;or (5) return excess tax increments to the County Auditor for redistribution to the City, County and School District. Tax increments from property located in one county must be expended for the direct and primary benefit of a project located within that county, unless both county boards involved waive this requirement. Tax increments shall not be used to circumvent levy limitations applicable to the City. Tax increment shall not be used to finance the acquisition, construction, renovation, operation, or maintenance of a building to be used primarily and regularly for conducting the business of a municipality, county, school district, or any other local unit of government or the State or federal government, or for a commons area used as a public park, or a facility used for social, recreational, or conference purposes. This prohibition does not apply to the construction or renovation of a parking structure or of a privately owned facility for conference purposes. If there exists any type of agreement or arrangement providing for the developer, or other beneficiary of assistance,to repay all or a portion of the assistance that was paid or financed with tax increments, such payments shall be subject to all of the restrictions imposed on the use of tax increments. Assistance includes sale of property at less than the cost of acquisition or fair market value, grants, ground or other leases at less then fair market rent, interest rate subsidies, utility service connections, roads, or other similar assistance that would otherwise be paid for by the developer or beneficiary. Section R Excess Tax Increment In any year in which the tax increments from the TIF District exceed the amount necessary to pay the estimated public costs authorized by the TIF Plan, the City shall use the excess tax increments to: (1) prepay any outstanding tax increment bonds; (2) discharge the pledge of tax increments thereof; (3) pay amounts into an escrow account dedicated to the payment of the tax increment bonds; or (4) return excess tax increments to the County Auditor for redistribution to the City, County and School District. The County Auditor must report to the Commissioner of Education the amount of any excess tax increment redistributed to the School District within 30 days of such redistribution. Section S Tax Increment Pooling and the Five Year Rule At least 75%of the tax increments from the TIF District must be expended on activities within the district or to pay for bonds used to finance the estimated public costs of the TIF District (see Section E for additional restrictions). No more than 25% of the tax increments may be spent on costs outside of the TIF District but within the boundaries of the Project Area, except to pay debt service on credit enhanced bonds. All administrative expenses are considered to have been spent outside of the TIF District. Tax increments are considered to have been spent within the TIF District if such amounts are: (1) actually paid to a third party for activities performed within the TIF District within five years after certification of the district; SPRINGSTED Page 9 Shorewood Economic Development Authority and City of Shorewood, Minnesota (2) used to pay bonds that were issued and sold to a third party, the proceeds of which are reasonably expected on the date of issuance to be spent within the later of the five-year period or a reasonable temporary period or are deposited in a reasonably required reserve or replacement fund. (3) used to make payments or reimbursements to a third party under binding contracts for activities performed within the TIF District, which were entered into within five years after certification of the district; or (4) used to reimburse a party for payment of eligible costs (including interest)incurred within five years from certification of the district. Beginning with the sixth year following certification of the TIF District,at least 75%of the tax increments must be used to pay outstanding bonds or make contractual payments obligated within the first five years. When outstanding bonds have been defeased and sufficient money has been set aside to pay for such contractual obligations, the TIF District must be decertified. The City anticipates that tax increments may be spent outside the TIF District (including allowable administrative expenses), and such expenditures are expressly authorized in this TIF Plan. Section T Limitation on Administrative Expenses Administrative expenses are defined as all costs of the City other than: (1) amounts paid for the purchase of land; (2) amounts paid for materials and services, including architectural and engineering services directly connected with the physical development of the real property in the project; (3) relocation benefits paid to, or services provided for, persons residing or businesses located in the project; (4) amounts used to pay principal or interest on, fund a reserve for, or sell at a discount bonds issued pursuant to section 469.178; or (5) amounts used to pay other financial obligations to the extent those obligations were used to finance costs described in clause (1)to(3). Administrative expenses include amounts paid for services provided by bond counsel, fiscal consultants, planning or economic development consultants, and actual costs incurred by the County in administering the TIF District. Tax increments may be used to pay administrative expenses of the TIF District up to the lesser of(a) 10%of the total tax increment expenditures authorized by the TIF Plan or(b) 10%of the total tax increments received by the TIF District. Section U Limitation on Property Not Subject to Improvements-Four Year Rule If after four years from certification of the TIF District no demolition, rehabilitation, renovation, or qualified improvement of an adjacent street has commenced on a parcel located within the TIF District, then that parcel shall be excluded from the TIF District and the original net tax capacity shall be adjusted accordingly. Qualified improvements of a street are limited to construction or opening of a new street, relocation of a street, or substantial reconstruction or rebuilding of an existing street. The City must submit to the County Auditor, by February 1 of the fifth year, evidence that the required activity has taken place for each parcel in the TIF District. If a parcel is excluded from the TIF District and the City or owner of the parcel subsequently commences any of the above activities, the City shall certify to the County Auditor that such activity has commenced and the parcel shall once again be included in the TIF District. The County Auditor shall certify the net tax capacity of the parcel, as most SPRINGSTED Page 10 Shorewood Economic Development Authority and City of Shorewood, Minnesota recently certified by the Commissioner of Revenue, and add such amount to the original net tax capacity of the TIF District. Section V Estimated Impact on Other Taxing Jurisdictions Exhibit IV shows the estimated impact on other taxing jurisdictions if the maximum projected retained captured net tax capacity of the TIF District was hypothetically available to the other taxing jurisdictions. The City believes that there will be no adverse impact on other taxing jurisdictions during the life of the TIF District, since the proposed development would not have occurred without the establishment of the TIF District and the provision of public assistance. A positive impact on other taxing jurisdictions will occur when the TIF District is decertified and the development therein becomes part of the general tax base. The fiscal and economic implications of the proposed tax increment financing district, as pursuant to Minnesota Statutes, Section 469.175, Subdivision 2, are listed below. 1. The total amount of tax increment that will be generated over the life of the district is estimated to be $6,611,738. 2. To the extent the project in TIF District No. 2 generates any public cost impacts on city-provided services such as police and fire protection, public infrastructure, and the impact of any general obligation tax increment bonds attributable to the district upon the ability to issue other debt for general fund purposes, such costs will be levied upon the taxable net tax capacity of the City, excluding that portion captured by the District. The City does not anticipate issuing general obligation tax increment bonds, but reserves the right to the use of internal financing, as necessary, to finance a portion of the project costs attributable to the District. 3. The amount of tax increments over the life of the district that would be attributable to school district levies, assuming the school district's share of the total local tax rate for all taxing jurisdictions remained the same, is estimated to be$1,379,122. 4. The amount of tax increments over the life of the district that would be attributable to county levies, assuming the county's share of the total local tax rate for all taxing jurisdictions remained the same is estimated to be$2,733,057. 5. No additional information has been requested by the county or school district that would enable it to determine additional costs that will accrue to it due to the development proposed for the district. Section W Prior Planned Improvements The City shall accompany its request for certification to the County Auditor (or notice of district enlargement), with a listing of all properties within the TIF District for which building permits have been issued during the 18 months immediately preceding approval of the TIF Plan. The County Auditor shall increase the original net tax capacity of the TIF District by the net tax capacity of each improvement for which a building permit was issued. There have been no building permits issued in the last 18 months in conjunction with any of the properties within the TIF District. Section X Development Agreements If within a project containing a redevelopment district, more than 25%of the acreage of the property to be acquired by the City is purchased with tax increment bonds proceeds (to which tax increment from the property is pledged), then SPRINGSTED Page 11 Shorewood Economic Development Authority and City of Shorewood, Minnesota prior to such acquisition, the City must enter into an agreement for the development of the property. Such agreement must provide recourse for the City should the development not be completed. The City anticipates entering into an agreement for development. The City does not anticipate acquiring any property directly in conjunction with redevelopment as proposed within the district. Section Y Assessment Agreements The City may, upon entering into a development agreement, also enter into an assessment agreement with the developer, which establishes a minimum market value of the land and improvements for each year during the life of the TIF District. The assessment agreement shall be presented to the County or City Assessor who shall review the plans and specifications for the improvements to be constructed, review the market value previously assigned to the land, and so long as the minimum market value contained in the assessment agreement appears to be an accurate estimate, shall certify the assessment agreement as reasonable. The assessment agreement shall be filed for record in the office of the County Recorder of each county where the property is located. Any modification or premature termination of this agreement must first be approved by the City, County and School District. The City does not anticipate entering into an assessment agreement. Section Z Modifications of the Tax Increment Financing Plan Any reduction or enlargement in the geographic area of the Project Area or the TIF District; a determination to capitalize interest on the debt if that determination was not part of the original TIF Plan, increase in the portion of the captured net tax capacity to be retained by the City; increase in the total estimated public costs; or designation of property to be acquired by the City shall be approved only after satisfying all the necessary requirements for approval of the original TIF Plan. This paragraph does not apply if: (1) the only modification is elimination of parcels from the TIF District; and (2) the current net tax capacity of the parcels eliminated equals or exceeds the net tax capacity of those parcels in the TIF District's original net tax capacity, or the City agrees that the TIF District's original net tax capacity will be reduced by no more than the current net tax capacity of the parcels eliminated. The City must notify the County Auditor of any modification that reduces or enlarges the geographic area of the TIF District. The geographic area of the TIF District may be reduced but not enlarged after five years following the date of certification. Section AA Administration of the Tax Increment Financing Plan Upon adoption of the TIF Plan, the City shall submit a copy of such plan to the Minnesota Department of Revenue and the Office of the State Auditor. The City shall also request that the County Auditor certify the original net tax capacity and net tax capacity rate of the TIF District. To assist the County Auditor in this process, the City shall submit copies of the TIF Plan, the resolution establishing the TIF District and adopting the TIF Plan, and a listing of any prior planned improvements. The City shall also send the County Assessor any assessment agreement establishing the minimum market value of land and improvements in the TIF District, and shall request that the County Assessor review and certify this assessment agreement as reasonable. The County shall distribute to the City the amount of tax increment as it becomes available. The amount of tax increment in any year represents the applicable property taxes generated by the retained captured net tax capacity of the TIF District. The amount of tax increment may change due to development anticipated by the TIF Plan, other SPRINGSTED Page 12 Shorewood Economic Development Authority and City of Shorewood, Minnesota development, inflation of property values, or changes in property classification rates or formulas. In administering and implementing the TIF Plan, the following actions should occur on an annual basis: (1) prior to July 1, the City shall notify the County Assessor of any new development that has occurred in the TIF District during the past year to insure that the new value will be recorded in a timely manner. (2) if the County Auditor receives the request for certification of a new TIF District, or for modification of an existing TIF District, before July 1, the request shall be recognized in determining local tax rates for the current and subsequent levy years. Requests received on or after July 1 shall be used to determine local tax rates in subsequent years. (3) each year the County Auditor shall certify the amount of the original net tax capacity of the TIF District. The amount certified shall reflect any changes that occur as a result of the following: (a) the value of property that changes from tax-exempt to taxable shall be added to the original net tax capacity of the TIF District. The reverse shall also apply; (b) the original net tax capacity may be modified by any approved enlargement or reduction of the TIF District; (c) if laws governing the classification of real property cause changes to the percentage of estimated market value to be applied for property tax purposes, then the resulting increase or decrease in net tax capacity shall be applied proportionately to the original net tax capacity and the retained captured net tax capacity of the TIF District. The County Auditor shall notify the City of all changes made to the original net tax capacity of the TIF District. Section AB Filing TIF Plan, Financial Reporting and Disclosure Requirements The City will file the TIF Plan, and any subsequent amendments thereto,with the Commissioner of Revenue and the Office of the State Auditor pursuant to Minnesota Statutes, Section 469.175, subdivision 4A. The City will comply with all reporting requirements for the TIF District under Minnesota Statutes, Section 469.175, subdivisions 5 and 6. SPRINGSTED Page 13 Exhibit 1 MAP OF PROPOSED TAX INCREMENT FINANCING (REDEVELOPMENT) DISTRICT NO.2 r Feet Ialp Lak a k t 0 X13 T.I.F D'iistirii�t Tax Increr ent Financin Redevelopment District Oppi an Senior Housing Project SPRINGSTED Page 14 Exhibit 11 Assumptions Report City of Shorewood, Minnesota Tax Increment Financing (Redevelopment) District No.2 Oppidan proposed Senior Housing Draft TIF Plan Exhibits: EMV based on 104 units at$165k/unit Type of Tax Increment Financing District Redevelopment Maximum Duration of TIF District 25 years from 1st increment Projected Certification Request Date 12/01/16 Decertification Date 12/31/44 (26 Years of Increment) 2016/2017 Base Estimated Market Value $985,000 Original Net Tax Capacity $12,313 Assess ment/Collection Year 2016/2017 2017/2018 2018/2019 2019/2020 Base Estimated Market Value $985,000 $985,000 $985,000 $985,000 Estimated Decrease in Value -Bldg Demo $0 $0 $0 Estimated Increase in Value-New Construction 0 2,447,000 16,209,320 16,381,263 Total Estimated Market Value 985,000 3,432,000 17,194,320 17,366,263 Total Net Tax Capacity $12,313 $42,900 $214,929 $217,078 City of Shorewood 30.227% Hennepin County 45.356% ISD#276 22.887% Other(watershed 3) 11.254% Local Tax Capacity Rate 109.724% Final 2016 Fiscal Disparities Contribution From TIF District 37.1645% Administrative Retainage Percent(maximum = 10%) 3.00% Pooling Percent 22.00% Bonds Note(Pay-As-You-Go) Bond Dated NA Note Dated 12/01/16 Bond Rate NA Note Rate 5.50% Bond Amount NA Note Amount $1,876,164 Project PV Date&Rate 12/01/16 4.00% PVAmount $2,282,145 Notes Calculation assumes no changes to future tax rates and class rates. Includes 1\%market value inflator. 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C p N p LO a) v O 0 O o M o r Z Q O a) � > � o O co I— � � � a) E ns C 0 0 7 p 0 p p c co o X o o 0 0- m L o , .p 3 Q O a) O M N 00 O U - O Q � X C O 'D '� N O H V C a) 0 U U y L(7 X (O (O 00 O O a) 1) O U C > N O H z (o V p s p c a) o 0 N U s p U C H O o o a) C p N N t C � .0 LJJ r N >, X O � •� y +y+ C C � ns o O N p x Q +' O W C v p A E N O ) o W 0 E EL EL a) o p I— H N = M Q i -�!, 0 U = Cl) O � W U t— O 0 ( :7-,N rA Exhibit V Market Value Analysis Report City of Shorewood, Minnesota Tax Increment Financing (Redevelopment) District No.2 Oppidan proposed Senior Housing Draft TIF Plan Exhibits: EMV based on 104 units at$165k/unit Assumptions Present Value Date 12/01/16 P.V. Rate-Gross T.1. 5.50% Increase in EMV With TIF District $20,847,224 Less: P.V of Gross Tax Increment 3,053,857 Subtotal $17,793,367 Less: Increase in EMV Without TIF 0 Difference $17,793,367 Annual Present Gross Tax Value @ Year Increment 5.50% 1 2019 222,319 191,027 2 2020 224,677 182,989 3 2021 227,059 175,288 4 2022 229,465 167,910 5 2023 231,895 160,842 6 2024 234,349 154,070 7 2025 236,827 147,582 8 2026 239,331 141,368 9 2027 241,859 135,413 10 2028 244,413 129,709 11 2029 246,992 124,244 12 2030 249,597 119,009 13 2031 252,228 113,994 14 2032 254,885 109,189 15 2033 257,569 104,587 16 2034 260,280 100,178 17 2035 263,018 95,954 18 2036 265,783 91,908 19 2037 268,576 88,032 20 2038 271,397 84,319 21 2039 274,246 80,762 22 2040 277,124 77,355 23 2041 280,030 74,092 24 2042 282,965 70,965 25 2043 285,930 67,970 26 2044 288,924 65,101 $6,611,738 $3,053,857 SPRINGSTED Page 19 #10B MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title / Subject: Deer Management Program – Approve Hunt Dates Meeting Date: 10 June 2016 Prepared by: Brad Nielsen Attachments: 2016 Aerial Survey Policy Consideration: Should the City continue its Deer Management Program for 2016 and set dates for hunt weekends? Background: Staff discussed this year’s program with representatives of MBRB to discuss dates for this year’s removal efforts. As you can see from the attached Aerial Survey map, the counts are up again this year, particularly in the southeast part of the city. You may recall that we operated without a survey last year due to lack of snow cover in 2015. If the Council determines to continue the program, MBRB proposes the following dates: 123-25 September 214-16 October 34-6 November 425-27 November 59-11 December (backup date) Financial or Budget Considerations: The MBRB provides its services free of charge. To date we have used existing staff time to manage the program. Approximately $1000 had been budgeted for the aerial survey. Options: Approve the dates; change the dates; or cancel the removal effort. Recommendation / Action Requested: Staff suggests that all five dates be approved. Based on anecdotal information, resident interest in maintaining the management program still remains. Once again the hunts will be conducted over three days – Friday through Sunday. Next Steps and Timelines: We continue to look for additional suitable hunt sites. Permission slips will go out in late August. Connection to Vision / Mission: Maintaining a healthy environment. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 #10C MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title / Subject: Crescent Beach Maintenance Agreement Meeting Date: June 13, 2016 Prepared by: Bill Joynes, City Administrator Reviewed by: Attachments: Att. #1 - Proposed Agreement from Tonka Bay; Att #2 – Current Agreement Background: Council is aware we have been approached by the City of Tonka Bay concerning their desire to revise the 2007 Memorandum of Understanding between our Cities establishing joint funding and maintenance of the beach. The significant majority of the property is located in Tonka Bay and they indicated they would be willing to perform all of the routine maintenance and upkeep if we would continue to provide an equal share of the funding. After some back and forth with staff they have offered the following draft of a new agreement. The core differences can be found in Sections 1. and 2. Section 1. relieves Shorewood of paying any ongoing maintenance costs and Section 2. provides that Tonka Bay have sole discretion to decide on needed equipment and improvements and Shorewood would be obligated to provide 50% funding. The former agreement is attached and it provided for rotating maintenance and project work and was found to be problematic. Recommendation / Action Requested: If the Council agrees with the funding breakdown, staff can recommend the other provisions of the agreement. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 #1OE MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title/Subject: Extend Assessment Services Agreement with Hennepin County Meeting Date: June 13, 2016 Prepared by: Bruce DeJong, Finance Director Reviewed by: Bill Joynes, City Administrator Attachments: Contract Policy Consideration: Does the City Council want to continue using Hennepin County Assessor's Office employees to perform all assessing functions for the city. Background: The City has contracted with Hennepin County to provide property assessment services since the 2000 assessment year.The agreement has provided for extension after four years, and the City renewed the service agreement in 2004, 2008, and 2012 for another four years. The cost for has increased gradually per the terms of the agreement to$117,000 for the current service year.The estimate of cost for the first year of an extended agreement is$122,000. Hennepin County has sufficient resources to ensure that the statutorily-required assessment of at least 20% of parcels plus new construction is performed annually. It also provides consistency in property valuations across the many jurisdictions in Hennepin County. Financial or Budget Considerations: This process provides for fair assessment of all property in Shorewood to ensure that property owners pay their proper portion of the cost of running local government services. Options: 1. Authorize the Mayor to sign the agreement as presented. 2. Pursue other providers for assessing services. Recommendation/Action Requested: Staff recommends that the City Council authorize the Mayor to sign the agreement as presented. Next Steps and Timelines: County staff is evaluating property sales to determine market trends for the assessment year which ends September, 2016. Those sales will be sorted by property type, neighborhood, and amenities to compare against similar properties in the city. Connection to Vision/Mission: This process contributes to sound financial management by ensuring that fair and impartial property values are calculated for all taxable property in the city. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 Hennepin County Assessor Department A-2103 Government Center www.co.hennepin.mn.us 300 South Sixth Street Minneapolis,Minnesota 55487-0213 Bruce DeJong Finance Director City of Shorewood 5755 Country Club Rd Shorewood, MN 55331 i i RE: Assessment Services Agreement Dear Bruce DeJong, I Enclosed for your review and City Council approval is our Assessment Service Agreement (plus three copies) between the City of Shorewood and Hennepin County. The approval of this agreement will continue our relationship as your City Assessor for the next four(4)years. In the first year of the agreement we are estimating the cost to complete your 2017 assessment at $122,000.00.This estimate includes the costs to deliver all of the services listed in Exhibit A of the agreement. i I want to assure you that we are making every effort to keep our costs to a minimum while still providing the best possible customer service to your taxpayers in setting and preserving your assessed values. i After City Council approval please return all three (3)signed original agreements by July 11, 2016, to: James Atchison i c/o Hennepin County Assessor A—2103 Government Center MC 213 Minneapolis, MN 55487-0213 I have also enclosed the "Hennepin County Assessor's Office:At a Glance" document as a reminder of the assessment credentials and professional profile that the Hennepin County Assessor's Office brings to our collaborative relationship. I If you have any questions, or would like to further discuss any of these items, please contact me at Jan�es,Atchison�LOHenn ti.Lis or(612)348-4567. Si cerely, )1 f I James R. Atchison Hennepin County Assessor Enc t An Equal Opportunity Employer Recycled Paper HENNEPIN COUNTY ASSESSOR'S OFFICE Experience & Expertise Our team consists of 50 plus staff that collectively has hundreds of years of service and experience in the assessing profession. This does not include additional years of fee appraisal, construction, property management and other real estate experience. In addition, all of our staff receive professional education and continuing assessment training. We have 38 team members with assessment designations through the Minnesota State Board of Assessors, 19 of which are Senior Accredited Minnesota Assessors, the highest level of accreditation given by the State Board of Assessors. i Our staff: • Includes experts specializing in homesteads, exemptions, Veteran's Exclusions, Open Space, Green Acres, Local Board of Appeal and Equalization and tax court appeals • Is qualified to appraise all property in Hennepin County • Is specialized in dealing with executive homes, lakeshore and agricultural properties • Has valuation modeling & statistical analysis experts • Has direct access to IT/technical experts, legal experts, real estate tax experts, project managers, trainers and business analysts 4 i Professional Our team consists of well-networked, well educated staff who have connections and resources with colleagues not only in the profession of assessing, but also with other county resources such as IT, project management, training and education. In addition: • Many of our staff members are active in professional organizations, giving them better access to education and training resources, networking and a larger influence in guiding related state wide policies. • You can have confidence and trust in staff that undergo background checks, driver's license validations and data security training. • We engage our staff by offering fair compensation, good benefits, opportunities for growth and an inviting culture. • We ensure stability and continuity of staff through mentoring and knowledge transfer. • We do not use sub-contractors for appraisal staff. HENNEPIN ®® OFFICE J(me 1, 2016 At Learn why the Hennepin County Assessor's " Office should be your choice for your assessing needs. >asazusatt�rwmatrtrc�mrn�armdRrts =sFco _ .�o� ?A r. y r missior# rays Property, uirfifomt tics carat ly. Customer service is an important core value of We are committed to establishing a culture of Hennepin County and is an integral part of the trust and transparency by enforcing: Hennepin County Assessor's practical vision Clear expectations for measurable success and office values. • High level of assessment standards and • We are committed to having professional professional conduct employees that are equipped with the • Required IT security training � training and skills needed to effectively educate and serve our stakeholders. • A commitment by staff to the function of valuing and classifying property for • We strive for open communication with Hennepin County stakeholders for an effective partnership. and "Fools • We engage and respond to customers ResoUrces care in all situations. Our staff has access to tools such as Pictometry, Marshall & Swift, RecordEase, • We achieve excellence in valuation and GIS and licensed valuation publications. classification at a reasonable cost. • We use Open Book resources and options including a `regional' Open Book with multiple Assessment Uniformity and locations and times. Acc(,,wacy • Our data is digitized and secure. Our informed staff are knowledgeable of . We have direct access to legal counsel. regional and local markets, rather than just one city. Contract No. A165542 AGREEMENT THIS AGREEMENT, Made and entered into by and between the COUNTY OF HENNEPIN, a political subdivision of the State of Minnesota, hereinafter referred to as the "COUNTY", and the CITY OF SHOREWOOD, a political subdivision of the State of Minnesota, hereinafter referred to as "CITY"; WHEREAS, said CITY lies wholly within the COUNTY OF HENNEPIN and constitutes a separate assessment district; and WHEREAS, under such circumstances, the provisions of Minnesota Statutes, Section 273.072 and Minnesota Statutes, Section 471.59 permit the County Assessor to provide for the assessment of property; and WHEREAS, said CITY desires the COUNTY to perform certain assessments on behalf of said CITY; and WHEREAS, the COUNTY is willing to cooperate with said CITY by completing the assessment in a proper manner; NOW, THEREFORE, in consideration of the mutual covenants contained herein, it is agreed as follows- 1. The COUNTY shall perform the 2017, 20187 2019, and 2020 property assessment for the CITY OF SHOREWOOD in accordance with property assessment procedures and practices established and observed by the COUNTY, the validity and reasonableness of which are hereby acknowledged and approved by the CITY. Any such practices and procedures may be changed from time to time, by the COUNTY in its sole judgment, when good and efficient assessment procedures so require. The property assessment by the COUNTY shall be composed of those assessment services which are set forth in Exhibit A, attached hereto and made a part hereof by this reference, provided that the time frames set forth therein shall be considered to be approximate only. 2. All information, records, data, reports, etc. necessary to allow the COUNTY to carry out its herein responsibilities shall be furnished to the COUNTY without charge by the CITY, and the CITY agrees to cooperate in good faith with the COUNTY in carrying out the work under this Agreement. 3. The CITY agrees to furnish, without charge, secured office space needed by the COUNTY at appropriate places in the CITY's offices. The keys thereto shall be provided to the COUNTY. Such office space shall be sufficient in size to accommodate reasonably two (2) appraiser and any furniture placed therein. The office space shall be available for the COUNTY's use at any and all times during typical business hours, and during all such hours the COUNTY shall be provided with levels of heat, air conditioning and ventilation as are appropriate for the seasons. 4. The CITY also agrees to provide appropriate desk and office furniture as necessary, clerical and secretarial support necessary and reasonable for the carrying out of the work herein, necessary office supplies and equipment, copying machines and fax machines and their respective supplies, and telephone and internet service to the COUNTY, all without charge to the COUNTY. 5. It shall be the responsibility of the CITY to have available at the CITY's offices a person who has the knowledge and skill to be able to answer routine questions pertaining to homesteads and property assessment matters and to receive, evaluate and organize homestead applications. The CITY shall store all homestead applications and homestead data in secure storage meeting the requirements set by the COUNTY. (2) It shall also be the responsibility of the CITY to promptly refer any homestead application which needs investigation to the COUNTY. 6. In accordance with Hennepin County Affirmative Action Policy and the County Commissioners' policies against discrimination, no person shall be excluded from full employment rights or participation in or the benefits of any program, service or activity on the grounds of race, color, creed, religion, age, sex, disability, marital status, sexual orientation, public assistance status, ex-offender status or national origin; and no person who is protected by applicable Federal or State laws, rules and regulations against discrimination shall be otherwise subjected to discrimination. 7. It is agreed that nothing herein contained is intended or should be construed in any manner as creating or establishing the relationship of joint venturers or co-partners between the parties hereto or as constituting the CITY as the agent, representative or employee of the COUNTY for any purpose or in any manner whatsoever. Any and all personnel of CITY or other persons, while engaged in the performance of any activity under this Agreement, shall have no contractual relationship with the COUNTY and shall not be considered employees of the COUNTY and any and all claims that may or might arise under the Workers' Compensation Act of the State of Minnesota on behalf of said personnel or other persons while so engaged, and any and all claims whatsoever on behalf of any such person or personnel arising out of employment or alleged employment including, without limitation, claims of discrimination against the CITY, its officers, agents, CITY or employees shall in no way be the responsibility of the COUNTY, and CITY shall defend, indemnify and hold the COUNTY, its officials, officers, agents, employees and duly authorized volunteers harmless from any and all such claims regardless of any determination of any pertinent tribunal, (3) agency, board, commission or court. Such personnel or other persons shall not require nor be entitled to any compensation, rights or benefits of any kind whatsoever from the COUNTY, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, Workers' Compensation, Re-employment Compensation, disability, severance pay and retirement benefits. 8. CITY agrees that it will defend, indemnify and hold the COUNTY, its elected officials, officers, agents, employees and duly authorized volunteers harmless from any and all liability (statutory or otherwise) claims, suits, damages, judgments, interest, costs or expenses (including reasonable attorney's fees, witness fees and disbursements incurred in the defense thereof) resulting from or caused by the negligent or intentional acts or omissions of the CITY, its officers, agents, contractors, employees or duly authorized volunteers in the performance of the responsibilities provided by this Agreement. The CITY's liability shall be governed by Minn. Stat. Chapter 466 and other applicable law, rule and regulation, including common law. 9. COUNTY agrees that it will defend, indemnify and hold the CITY, its elected officials, officers, agents, employees and duly authorized volunteers harmless from any and all liability (statutory or otherwise) claims, suits, damages, judgments, interest, costs or expenses (including reasonable attorney's fees, witness fees and disbursements incurred in the defense thereof) resulting from or caused by the negligent or intentional acts or omissions of the COUNTY, its officers, agents, contractors, employees or duly authorized volunteers in the performance of the responsibilities provided by this Agreement. The COUNTY's liability shall be governed by Minn. Stat. Chapter 466 and other applicable law, rule and regulation, including common law. (4) 10. The COUNTY shall endeavor to perform all services called for herein in an efficient manner. The sole and exclusive remedy for any breach of this Agreement by the COUNTY and for COUNTY's liability of any kind whatsoever, including but not limited to liability arising out of, resulting from or in any manner related to contract, tort, warranty, statute or otherwise, shall be limited to correcting diligently any deficiency in said services as is reasonably possible under the pertinent circumstances. 11. Neither party hereto shall be deemed to be in default of any provision of this Agreement, or for delay or failure in performance, resulting from causes beyond the reasonable control of such party, which causes shall include, but are not limited to, acts of God, labor disputes, acts of civil or military authority, fire, civil disturbance, changes in laws, ordinances or regulations which materially affect the provisions hereof, or any other causes beyond the parties' reasonable control. 12. This Agreement shall commence on August 1, 2016, and shall terminate on July 31, 2020. Either party may initiate an extension of this Agreement for a term of four (4) years by giving the other written notice of its intent to so extend prior to March 1, 2020. If the party who receives said notice of intent to extend gives written notice to the other party of its desire not to extend prior to, April 15, 2020 this Agreement shall terminate on July 31, 2020. Nothing herein shall preclude the parties, prior to the end of this Agreement, from agreeing to extend this contract for a term of four (4) years. Any extended term hereof shall be on the same terms and conditions set forth herein and shall commence on August 1, 2020. Either party may terminate this Agreement for "just cause" as determined by the Commissioner of Revenue after hearing for such a determination is held by the Commissioner of Revenue and which has been attended by representatives of COUNTY and CITY or which said (5) representatives had a reasonable opportunity to attend, provided that after such determination, any party desiring to cancel this Agreement may do so by giving the other party no less than 120 days' written notice. If the CITY should cancel this Agreement, as above provided, before the completion of the then current property assessment by the COUNTY, the CITY agrees to defend and hold the COUNTY, its officials, officers, agents, employees and duly authorized volunteers harmless from any liability that might ensue as a result of the non- completion of a property tax assessment. For the purpose of this Agreement, the term "just cause" shall mean the failure of any party hereto reasonably to perform a material responsibility arising hereunder. 13.A. In consideration of said assessment services, the CITY agrees to pay the COUNTY the sum of One Hundred Twenty Two Thousand Dollars ($122,000) for each assessment, provided that any payment for the current year's assessment may be increased or decreased by that amount which exceeds or is less than the COUNTY's estimated cost of appraising new construction and new parcels for the current year's assessment. The amount of any increase or decrease shall be specified in the billing for the current year's assessment. 13.13. Regarding each assessment, in addition to being subject to adjustment in the above manner, said assessment cost of$122,000 may also be increased by the COUNTY if: (1) The COUNTY determines that any cost to the COUNTY in carrying out any aspect of this Agreement has increased, including but not limited to the following types of costs: new construction and new parcel appraisals, mileage, postage, supplies, labor (including fringe benefits) and other types of costs, whether similar or dissimilar; and/or 2) The COUNTY reasonably determines that other costs should be included in the costs of assessment work. (6) If the COUNTY desires to increase the assessment cost pursuant to this paragraph 13(B), it shall give written notice thereof by June 15 of any year and such increase shall apply to the assessment for the calendar year next following the current calendar year. Any such notification shall specifically set forth the amount of any new construction and new parcel appraisal charges. Notwithstanding any provisions herein to the contrary, if any such increase, exclusive of any charge for the estimated costs of new construction and new parcel appraisals, exceeds seven and one half percent (7.5%) of the amount charged for the assessment for the then current calendar year, exclusive of any charge for the estimated costs of new construction and new parcel appraisals, the CITY may cancel this Agreement by giving to the COUNTY written notice thereof, provided that said cancellation notice must be received by the COUNTY not later than July 24 of the then current calendar year and said cancellation shall be effective no earlier than five (5) days after the receipt of said notice by the COUNTY and not later than July 31 of said next calendar year. Supportive records of the cost increase will be open to inspection by the CITY at such times as are mutually agreed upon by the COUNTY and CITY. Failure of the COUNTY to give the CITY a price-change notice by June 15 shall not preclude the COUNTY from giving CITY such notice after said date but prior to September 1 of any year, provided that if such price increase exceeds said ten (10%) - all as above set forth - the CITY may cancel this Agreement if the COUNTY receives notice thereof not later than thirty-nine (39) days from the date of receipt by the CITY of any said late price-change notice, provided further that any such cancellation shall be effective not earlier than five (5) days after COUNTY's receipt of said cancellation notice and not later than forty-six (46) days after the CITY's receipt of any said price-increase notice. (7) Payment for each assessment shall be made in the following manner. Approximately one-half (1/2) of the cost of an assessment (the amount payable being set forth in a bill sent by the COUNTY to the CITY) shall be paid by the CITY no later than the fifteenth (15th) day of the December which precedes the pertinent assessment year; and the remaining portion of said cost (the amount payable being set forth in a bill sent by the COUNTY to the CITY) shall be paid by the CITY no later than July 15 of the pertinent year. The COUNTY may bill the CITY after the aforesaid dates and in each such case, the CITY shall pay such bill within thirty (30) days after receipt thereof. 14. Any notice or demand, which mayor must be given or made by a party hereto, under the terms of this Agreement or any statute or ordinance, shall be in writing and shall be sent registered or certified mail to the other party addressed as follows: TO CITY: Mayor, City of Shorewood 5755 Country Club Road Shorewood, MN 55331 TO COUNTY: Hennepin County Administrator 2300A Government Center Minneapolis, MN 55487 copies to: County Assessor Hennepin County 2103A Government Center Minneapolis, MN 55487 copies to: Assistant County Assessor Hennepin County 2103A Government Center Minneapolis, MN 55487 (8) Any party may designate a different addressee or address at any time by giving written notice thereof as above provided. Any notice, if mailed, properly addressed, postage prepaid, registered or certified mail, shall be deemed dispatched on the registered date or that stamped on the certified mail receipt and shall be deemed received within the second business day thereafter or when it is actually received, whichever is sooner. Any notice delivered by hand shall be deemed received upon actual delivery. 15. It is expressly understood that the obligations of the CITY under Paragraphs 7, 8, 12, and 13 hereof and the obligations of the CITY which, by their sense and context, are intended to survive the performance thereof by the CITY, shall so survive the completion of performance, termination or cancellation of this Agreement. THIS PORTION OF PAGE INTENTIONALLY LEFT BLANK (9) IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by its duly authorized officers and delivered on its behalf, this day of 2016. COUNTY OF HENNEPIN STATE OF MINNESOTA Reviewed by County Attorney's Office: By: Chair of the County Board Date: And: Assistant/Deputy/County Administrator ATTEST- Deputy/Clerk of the County Board CITY OF SHOREWOOD By: Its And: Its City organized under: Statutory Option A Option B Charter (10) Contract No. A165542 EXHIBIT A CITY OF SHOREWOOD During the contract term, the County shall- 1. Physically inspect and revalue 20% of the real property, as required by law. 2. Physically inspect and value all new construction, additions and renovation. 3. Adjust estimated market values on those properties not physically inspected as deemed necessary per sales ratio analysis. 4. Prepare the initial assessment roll. 5. Print and mail valuation notices. 6. Respond to taxpayers regarding assessment or appraisal problems or inquiries. 7. Conduct valuation reviews prior to Board of Review or Open Book Meetings, as determined by the City — approximate dates: March through May 15. 8. Attend Board of Review or conduct Open Book Meeting. Prepare all necessary review appraisals. Approximate dates: April 1 — May 31. 9. Maintain an updated property file — current values, classification data and characteristic data. 10. Prepare divisions and combinations as required. 11. Administer the abatement process pursuant to Minn. Stat. §375.192. 12. Prepare appraisals; defend and/or negotiate all Tax Court cases. 13. Provide all computer hardware and software applications necessary to complete contracted services. 14. Process all homestead and special program applications. (11) CITY OF SHOREWOOD  5755 Country Club Road Shorewood, Minnesota 55331 952-960-7900  Fax: 952-474-0128 www.ci.shorewood.mn.us cityhall@ci.shorewood.mn.us Re: Trail Schedule Update – Galpin Lake Road and Smithtown Road (East) Prepared by Paul Hornby and Brad Nielsen Galpin Lake Road Walkway Schedule – PROJECT IS POSTPONED Planning Commission recommendation to Council re trail segment for following year Council authorizes preparation of survey and Feasibility Report Survey (30 days) – May  Feasibility Report (30 days) – June  Planning Commission review of feasibility report and trail walk – July  Planning Commission recommendation to Council re Feasibility Report  Council approves Feasibility Report  Planning Commission holds Neighborhood Meeting (Open House) Council award of land acquisition services and authorizes preparation of Plans and Specifications Preparation of Plans and Specifications (90 days) 95% Complete submittal to MnDOT 7/01/14  MnDOT Review Complete 7/31/14  CC Authorization to Advertise for bids 6/23/14  Open Bids 8/19/14  CC consideration of Award 8/25/14  Land Acquisition Process (start approx. mid-way through plans and specs) Land Acquisition process not required due to design modifications o Individual temporary easements or rights of entry may be required o Reduces project schedule o 10/30/14  Neighborhood post-bid meeting N/A  City possession of easements/letter of compliance  Groundbreaking Ceremony TBD  Begin Construction TBD  Construction substantially complete – Phase 1 Construction TBD  Construction substantially complete – Phase 2 Construction TBD  Ribbon Cutting Ceremony TBD  Restoration complete TBD Page 2 Trail Schedule Update – Galpin Lake Road and Smithtown Road (East) Smithtown Road East (LRT Trail to Country Club Road) Walkway Schedule 6/03/14 Planning Commission recommendation to Council re trail segment for following year 6/23/14 Council authorizes preparation of survey and Feasibility Report /14/14 – 9/10/14  Survey (30 days) – (In Process) 7 /18/14–10/10/14  Feasibility Report (30 days) – 8 10/21/14  Planning Commission review of feasibility report and trail walk 10/21/14  Planning Commission recommendation to Council re Feasibility Report 10/27/14 Council approves Feasibility Report 10/30/14 Planning Commission holds Neighborhood Meeting (Open House) 12/08/14 Council award of land acquisition services and authorizes preparation of Plans and Specifications 12/11/14 - 5/31/15 Preparation of Plans and Specifications (90-120 days) (99% complete) 2/1/15 - 8/31/15 Land Acquisition Process (start approx. mid-way through plans and specs) Complete parcel descriptions and legal descriptions o Review proposed easements with staff/attorney o Letters to property owners regarding survey staking o Field stake proposed easements for Appraiser/RW Agent o Easement viewing – parcel owner and RW Agent on-site o Appraisal information o Appraisal review o Council considers resolution to authorize staff to make offers and eminent domain schedule o Prepare and deliver offers to parcel owners o 3/23/15 Begin eminent domain action  /03/15 Neighborhood informational meeting (Open House) 6 Council approves Plans and Specifications and authorizes ad for Bids 7/13/15  8/21/15 Receive bids for construction 8/24/15 City possession of easements/letter of compliance Council awards Construction Contract 8/24/15  9/09/15 Neighborhood preconstruction meeting Groundbreaking Ceremony 9/14/15  4/21/16 Begin Construction  Contractor completed tree removal 2/24/16  6/30/16 Construction substantially complete Ribbon Cutting Ceremony 6/30/16  6/30/16 Restoration complete