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012483 CC Reg AgP . , CITI OF SHOREWJJD SPECIAL CDUNCIL MEETI~ ~DNDAY, JAN. 24, 1983 CITI CDUNCIL CHAMBER 5755 CDUNTRY CLUB RD. 5:30 PM to 7:30 PM AGENDA CALL 10 ORDER: a. Interviews with propective Planning Ccmnission ~rs: [attachrent #0] CITI OF SHORE'WJJD REGUlAR CDUNCIL MEETI~ M)NJ)AY, JAN. 24, 1983 CITI CDUNCIL CHAMBER 5755 CDUNTRY CLUB RD. 7:30 PM AGENDA CALL 10 ORDER: A. Pledge of Allegiance and Prayer' I /...., ~ ~ B. "'11 Call, .'. ~ I\~~ ~~.... l' ~ Stover~. Mayor Rascop V 1. APPROVAL OF MINUTES: A. M:!eting - January 10, 1983: [attadrrent #1] 2. MAITERS FID1 FlOOR: 3. CDUNCIL ACITON - VARIANCE ~ - Mr. Jack Hunner, 20625 Radisson Inn Rd.: [attadnent #3] 4. REVIEW OF PROPOSED ORDINANCES: A. AN ORD. ESTABLISH~ A PROCEDURE FUR 'mE DISPOSITION OF UNClAIMED AND CONFISCATION PROPERlY - Third reading: [attadrrent #4] B. An ORD. REGUlATI~ CDNDUCl' IN CI'lY PARKS AND RECREATION AREAS - First reading: [Ord. will be provided at rreeting] 5. APPROVAL OF LICENSE APPLICATIONS: A. 1983 Cigarette Licenses: B. Dock Permits: a. lIowards Point Marina: [attadrrent #5aJ b. Shorewood Yacht Club, Inc. [attadnent #5b] c. Upper L:lke Minnetonka Yacht Club .. . , " REGUlAR CXXJNCIL AGENDA - 2 - JANUARY 24, 1983 6. REVIEW OF FINAL JOINT AND (XX)PERATIVE AGREl*NT FUR TIlE LAKE MINNE'J:OOKA CABLE CXM1lJNICATIOOS CXM1ISSICN Councilmember Haugen: [Attachrent #6 ] 7. PlANNING CXM1ISSICN REPORT: a. b. 8. PARK CXM1I.SSICN REPORT: a. b. 9. ATIDRNEY'S REPORT: a. Review of course of action - City of ShoreVJOOd V.S. Naegele Outdoor Advertising Co. h. 10. ENGINEER'S REPORT: a. 11. All1INISTRATIVE REPORT: a. Appointment of City Weed Inspector - Year 1983 , b. Discussion of proposed Planner/Building Inspector's position c. Notification of 1983 Audit 12. MAYOR'S REPORT: a. 13. CXXJNCIL' S REPORT: a. 14. MATI'E.~ FRCl1 THE FllX)R: 15. APPROVAL OF ClAIMS AND ADJOURNMENT . e' ... MAYOR John Baird COUNCIL Jan Haugen Tad Shaw Alexander Leonardo Robert Rascop CLERK-ADMINISTRATOR Elsa Wiltsey CITY OF.' SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236 January 21, 1983 TO: COUNCIL MEMBERS FROM: KATHY WEST RE: PLANNING COMMISSION INTERVIEWS Dear Council Members: The following list is a final interview schedule for Planning Commission applicants: (Monday, January 24, 1983) 5:30 5:45 6:00 6: 15 6:30 6:45 Mary Boyd Walter Bean CANCELLED (Christopher Lane) Denis Tierney Ken Koppes Ed Bergslien Please refer to the materials sent to you January 14th for background. " A Residential,Commurlity on Lake Minnetonka's South Shore ,d e e CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, JANUARY 10, 1983 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD SHOREWOOD, MN. 7:30 PM M I NUT E S CALL TO ORDER The regular meeting of the Shorewood City Council was called to order by Mayor Rascop at 7:30 P.M., Monday, January 10,1983 in the Council Chambers. PLEDGE OF ALLEGIANCE AND PRAYER The meeting opened with the Pledge of Allegiance and a prayer. ROLL CALL: Present: Mayor Rascop, Councilmembers Haugen, Shaw, Leonardo, and Stover. Staff: Attorney Larson, Engineer Norton, Administrator Uhrhammer, and Clerk Kennelly. MATTERS FROM THE FLOOR Gene Clapp questioned the progress in reference to a request for place- ment of "STOP" sign at the entrance area of the Shorewood Shopping Center. Administrator Uhrhammer contacted Ryan Construction Company but currently has received no response. He will contact them again. Gene Clapp did not receive a public hearing notice for the rezoning of the Gordon Schmidt property. Staff will check on the list of residents receiving notices. APPROVAL OF MINUTES Haugen moved, seconded by Leonardo, to approve the minutes of the Council meeting of December 13, 1982 as corrected. Motion carried unanimously. Rascop moved, seconded by Leonardo, to approve the minutes of the Special Council meeting of December 16, 1982 as corrected. Motion carried with 4 ayes - 1 abstain, [Haugen - due to absence at meeting]. ORGANIZATIONAL APPOINTMENTS [See Attached] RESOLUTION NO. 1-83 Council discussed the possibility of hiring an in-house Planner/Building Inspector, after interest in this position from Brad Nielsen, current contracting planner with the city. Leonardo felt that other applicants should also be considered. ~~,~Certificate of Insurance will be requested from all contracted services ~~raling with the city. . e e 1. Deputy Mayor RESOLUTION NO. 1-83 Kristi Stover - appointed to first half of year Jan Haugen - appointed to second half of year 2. Representatives to: a. Public Works.- Jan Haugen b. Park & Recreation Liaison Al Leonardo c. Liquor Stores Tad Shaw & Bob Rascop d. So. Lake Mtka Public Safety [Acting Mayor as alternateJ Bob Rascop & Kristi Stover e. City Communications [Neighborhood Groups] Kristi Stover f. Plann~ng Commission Liaison Tad Shaw g. Budget & Finance Kristi Stover & Jan Haugen h. Audit Committee Kristi Stover & Al Leonardo i. Union Negotiations Jan Haugen & Bob Rascop j . Intergovernment Affairs Liaison to Metro Council State Government County Government Minnehaha Creek Watershed-District Jan Haugen Kristi Stover k. Public Relations & Newsletter [Contributions by Council] 1. Shade Tree Disease Program Jan Haugen Ai Leonardo m. Insurance Tad Shaw - e e 3. Staff a. Administrator/Treasurer Doug Uhrhammer b. City Clerk Sandra Kennelly c. Public.Works Don Zdrazil d. Liquor Store Manager Harry Feichtinger e. Auditor Haugen moved to table-3 ayes-2 abstain (Leonardo & Shaw) f. Building Inspector Haugen moved to table. Haugen withdrew motion. Jim Miller was appointed at the will of the Council. 4. Attorney Penberthy & larson, Ltd. 5. Engineer Orr-Schelen-Mayeron & Associates, Inc. 6. Planner Northwest Associated Consultants, Inc. was appointed at the will of the Council. 7. Health Officer Doctor Greg Seifert 8. Fire Marshall Wayne Stern 9. Representatives to Affiliated Organizations: a. Association of Metro MunicipalitiIes- Kristi Stover and League of Minnesota Cities - Jan Haugen e e 9. Representatives to Affiliated Organizations continued b. Suburban Rate Authority Jan Haugen \ c. Minnetonka Community Services Tad Shaw d. Lake Mtka Conservation District - Bob Rascop e. Lake Minnetonka Cable Communication Commission - Jan Haugen Al Leonardo 10. Bank Depository Alternate - Sandy Brunton, Minnetonka State Bank 11. Newspaper Sun Newspaper 12. Planning Commission Appointments Chairman: Bruce Benson Members: .Bruce Benson - a 3 yr. term to expire 12/31/85 Vern Watten - a 3 yr. term to expire 12/31/85 13. Park Commission Appointments Chairman: Carol Chapman Vice-Chair: Roger Stein Members: Carol Chapman - a 3 yr. term to expire 12/31/85 Marty Jakel - a 3 yr. term to expire 12/31/85 14. Solid Waste Disposal Appointment - Tad Shaw 15. Hazardous Waste Disposal Appointment Al Leonardo Shaw moved seconded by Haugen to approve all the above listed appointments. Motion carried unanimously. e e REGULAR COUNCIL MEETING - 2 - January 10, 1983 PUBLIC HEARING - 8:00 PM - DENNIS OTTESON RESOLUTION NO. 2-83 Request was made by Dennis Otteson, 27200 West 62nd Street, for a simple lot division with a variance for road frontage. Council reviewed the Planner's report with suggested recommendations. Mr. Otteson did agree to the Planner's conditions. Public portion of the hearing was closed at 8:45 P.M. Council discussed the seven (7) conditions recommended by the Planner. Item #2 was omitted and replaced with the following: #2 - Easement shall be granted to the westerly lot for the purpose of a sanitary sewer easement over the easterly lot. Stover moved, seconded by Leonardo, to approve this simple lot split in accordance with the seven (7) recommendations drawn in Resolution No 2-83. Motion carried unanimously in a roll call vote - 5 ayes. FINDINGS OF FACT - NAEGELE SIGN COMPANY 8:30 PM Attorney Dick Nowlin of Larkin, Hoffman, Daly, & Lindgren Ltd., repre- senting the Naegele Sign Company; Ron Mielke, Vice President of Naegele Sign Company, and Court Reporte c Burns of 1720 Midwest Plaza, were present to express th' p~s g~s~~n n reference to the permit issued for the sign located at Ch 's oad and State Highway #7. Dick Nowlin reviewed for the Council his letter of January 16, 1983 and requested the Council grant a variance authorizing the movement of this non-conforming structure in accordance with the provisions of Section 9, Subdivision 4, and Section 6, Subdivision 2 of the Zoning Ordinance. Ron Mielke then presented his interpretation of the sequence of events leading up to the revocation of this sign permit. FINDINGS OF FACT - CONCLUSION RESOLUTION NO. 3-83 Haugen moved, seconded by Shaw, to approve the Resolution adopting the Findings of Fact as presented by Attorney Larson to include additions and corrections. Motion carried unanimously in a roll call vote - 5 ayes. MARILYNWOOD DEVELOPMENT AGREEMENT Larry Bader was present to review the development agreement with the Council. Some disagreement in wording of #4 was expressed by Mr. Bader, this was clarified and agreed upon. Moved by Shaw, seconded by Leonardo, to approve the development agreement as amended. Motion carried unanimously. RESOLUTION NO. 4-83 ORDINANCE # Request was presented by Larry Bader to rezone the property owned by Gordon Schmidt, described as Lots 19 and 20, Linden Park, Hennepin County, Mn. and Outlots Band C of the newly created Marilynwood, owned by Larry Bader. Current zoning is R-l, request is for the R-3 z.oning. Haugen moved, seconded by Shaw, to approve to amend Ordinance #77 and to rezone to R-3 by resolution, to include lots 19 and 20, Linden Park, Henne- pin County, Mn. and Outlots Band C, Marilynwood, at the finalization of Marilynwood. Motion carried unanimously by Roll Call Vote - 5 ayes. REZONING REQUEST - SCHMIDT-BADER , . e e REGULAR COUNCIL MEETING PLANNING COMMISSION REPORT: -3- January 10, 1983 The Planning Commission reviewed the Dennis Otteson division. pleted review of 2 sections of the proposed zoning ordinance. of shoreline uses were reviewed. Administrator Uhrhammer asked the Council's op1n1on on the Planning Commi- sion's reviewing simple subdivisions and then going on to the Council for action. Council agreed with that procedure. They com- A discussion PARK COMMISSION REPORT: Launisse Cousins reported on the Park Commission's recommendation of Carol Chapman for Park Commission Chairman and Roger Stein as Vice-Chairman. The Park Commission would like to hold a meeting to receive public in-put to obtain the information on what the residents would like to see in the development of the City Parks. Projection dates of completion of park facilities were discussed. MTKA YOUTH HOCKEY ASS'N. TOURNAMENT REQUEST Pat Hanily requested permission to hold the 3rd Annual MYHA Hockey Tourna- ment at the Shorewood Hockey Rinks. The Park Commission recommends app- roval of this request. Rascop moved, seconded by Stover, to approve the request as amended to hold the 3rd Annual Hockey Tournament at the Shorewood Hockey Rinks. Motion carried unanimously. ATTORNEY'S REPORT: TINGEWOOD P.U.D. AND ZONING AMENDMENT ORDINANCE NO. Rascop moved to amend Ordinance #77 and create an Ordinance to contain a PUD described as Lot 1 through Lot 10, Tingewood. Seconded by Leonardo. Roll call vote - Rascop aye, Haugen aye, Shaw passed, Leonardo aye, Stover aye, Shaw abstained. Motion carried with 4 ayes - 1 abstained. ADMINISTRATIVE REPORT: DOCK LICENSE APPLICATIONS RESOLUTION NO. 5-83 Dock License applications were submitted with no changes from the 1982 licenses for: 1] Howard's Point Marina Inc., 2] Mtka Portable Dredging, 3] Adeline Johnston, 4] Boulder Bridge Farm Inc. Complaint was received by Rascop, regarding a possible gas line location problem at Howard's Point Marina. Building Inspector is instructed to inspect this location and have this corrected before the issuance of their permit. Rascop moved, seconded by Leonardo, to approve the 1983 Dock Licenses for Minnetonka Portable Dredging, Adeline Johnston, Boulder Bridge Farm Inc., and to table the license request for Howard's Point Marina, Inc. Motion carried unanimously. GAMBLING LICENSE REQUEST Request was made by the American Legion Post License. Haugen moved, seconded by Shaw, to Motion carried unanimously. RESOLUTION NO. 6-83 #259, for a 1983 Gambling approve the license request. , . e e REGULAR COUNCIL MEETING -4- January 10, 1983 McNULTY ASSESSMENT REIMBURSEMENT RESOLTUION NO. 7-83 Administrator Uhrhammer reviewed, for the Council, the meeting with the McNulty Corporation in reference to over-payment of special assessments. Leonardo moved, seconded by Shaw, to approve payment of $10,375.94 as' recommended by the City Auditors, Long, Froehling & Associates, P.A. Motion carried unanimously. UNION NEGOTIATION The Union has made a request for a 6% increase in salary. Council recom- mended a 4% increase and a $125.00 freeze on fringe benefits. FINANCE DIRECTOR - SPECIAL MEETING Applications of 31 people have been received. held by the Administrator. Council will have views with some of the applicants on Tuesday, at 5:00 PM at the City Hall. MAYOR'S REPORT: PLANNING COMMISSION APPOINTMENT Council will have an interview session set for 5:30PM, January 24, 1983, for the purpose of interviewing the applicants for the opening on the Planning Commission. Chairperson Benson is requested to attend this meet- ing. Interviews of 5 have been a special meetirtg for inter- January 18, 1983 starting MATTERS FROM THE FLOOR: Joe Gorecki questioned the Sign Ordinance requirements for real estate advertising signs and the need for the issuance of permits. The interpre- tation of this Ordinance will be clarified. APPROVAL OF CLAIMS AND ADJOURNMENT Moved by Shaw, seconded by Haugen, to approve the claims for payment to be followed by adjournment at 12:12 AM. Motion carried unanimously. General Fund - [Account #00166] Liquor Fund - [Account #00174] Checks 26565 - 26602 " 9610 - 9626 = = $21,427.78 20,940.26 Respectfully submitted, Mayor SANDRA L. KENNELLY, Clerk SLK:rd e GENERAL FUND e CLAIMS APPROVED AND PAID SINCE Check # TO WHOM PAID 26565 26566 26567 26568 26569 26570 26571 26572 26573 26574 26575 26576 26577 26578 26579 26580 26581 26582 26583 26584 26585 26586 26587 26588 26589 26590 26591 26592 26593 26594 26595 26596' 26597 26598 26599 26600 26601 26602 JANUARY 10, 1983 $ AMOUNT 691.80 19.00 54.00 61 .75 92.10 54.24 559.45 27.98 - 0 - 1,095.00 1 47 . 00 436.43 96.16 35.22 810.11 501.49 3,693.15 182.40 65.00 - 0 - 34.84 1,371.25 24.11 1,230.00 282.45 45.00 55.85 1 ,245.00 3,150.00 516.56 480.48 448.40 590.00 3,208.20 49.39 264.47 13.27 96.23 PURPOSE Minnetonka State Bacon Drug Copy Dup. Prod. Clutch & U Joint Gross Office Grainger,W.W. Jim Hatch Sales C. Hance Hardware VOID Hennessy Agency insurance Leef Bros. Uniforms & supplies H.C. Mayer & Sons Gasoline Modern Tire Service Tire Service Midwest Asphalt Corp. Supplies NSP Lift St., lights, well, Pks. Northwestern Bell phone service Orr-Schelen-Mayeron Engineer Service Orr-Schelen-Mayeron Woodhaven Satellite Indust. Park services VOID St. Regis Paper Co, Shwd. Tree Service Tonka Auto Body Viking Indust. Ctr. Ves sco' Inc. Village Sanitation Water Prod. Co. Widmer Bros Inc. Penberthy-Larson Dan Randall State Treasurer Tanka Bay Long Froehling State Treasurer Ziegler Tire Ser. Warner Hardware Wm. Mueller & Sons Commissioner-Transp. Bank-FWH-Dec. 31, 1982 Shop Supplies Drum usage U-Joint Assemb. - T-l Office Supplies Paint for wells Supplies Supplies Supplies Top & haul Dutch Elm Parts & Supplies Sewer Equip. Supplies-Ames bury Well December pic'k-up Sewer Supplies Contracted Services Prosecutions Salary PERA sewer & water Charges 1982 financial statements December FICA taxes Truck #23-tire service Supplies Concrete sand Traffic Lights-maintenance Total 21,727.78 It e LIQUOR FUND CLAIMS PAID SINCE Check # TO WHOM PAID PURPOSE 9610 9611 9612 9613 9614 9615 9616 9617 9618 9619 9620 9621 9622 9623 9624 9625 9626 VOID State Treasurer VOID Griggs-Cooper VOID Day Distribution East Side Mark VII A.J. Ogle Co. Pogreba Distrib. Thorpe Pepsi Cola G.K. Services VOID Midwest Wine VOID Commissioner-Revenue-Sales PERA Liquor Beer Beer Beer Beer Beer Beer Misc. purchases Laundry Wine Tax JANUARY 10, 1983 Total $ AMOUNT - 0 - 231.32 - 0 - 452.96 - 0 - 3,303.93 4,363.69 1 , 098 . 05 1,017.85 2,961.30 2,252.05 234.75 36.20 - 0 - 600.35 - 0 - 4,387.81 20,940.26 "" .____ e NORTHWEST ASSOCIATED CONSULTANTS INC. ~1EMORANDur'1 TO: FRm1: DATE: RE: Shorewood Mayor and City Council Brad Nielsen 10 December 1982 Hunner Residence FILE NO: 656.09 (82.18) BACKGROUND Our office has been asked to review plans submitted by Mr. John Hunner for the remodeling of his current residence located at 20625 Radisson Inn Road (see Site Location Map, Exhibit A, attached). Th . 1 . d .k.' \f.) . 1 e property 1S current y occup1ed by a garage an a~ story, slng e family residence. The residence was originally constructed as a boat house for the Radisson Inn Hotel. As such it is located approximately 16 feet from the shoreline of Christmas Lake (see Exhibits Band C, attached). The applicant proposes to add~levels and a pitched roof (as viewed from the lake) straight up from the existing structure. The resulting structure will be three levels as viewed from the lake and approximately one and one-half levels as viewed from the street. The expansion would approximatelY~he floor area which currently exists. The property in question is curren\\~zoned R-l, Single Family Residence District. The site is approximately 80 feet wide at the lake, tapering to 55 feet at the street, and contains approximately 15,260+ square feet of area. The lot width, lot area and proximity of the structure to the lake do not conform to the-R-l District, thus the request requires a variance to the provisions of the Shorewood Zoning Ordinance. ISSUES AND ANALYSIS From a strictly architectural viewpoint, there is no question that the proposed addition to the existing structure would be avast improvement over what currently exists. In considering the request, however, the City must, to some extent, set aside aesthetic concerns and concentrate on the overall effect that its decision will have on the application of development controls to other property in the community. Fore~0st in zoning is that the controls be applied evenly and consistently to everyone. 4820 minnetonka boulevard, suite 420 minneapolis. mn 55416 612/925-9420 il -:::> .... Shore\'Jood Mayor and City Counci 1 10 December 1982 Page Two In the following we have attempted to analyze the request from the perspective of current as well as proposed development controls. A. Current Zoning Ordinance. As previously mentioned, the property in question is nonconforming in three ways - lot area, lot width and proximity of the structure to the shoreline. The Shorewood Zoning Ordinance contains specific provisions relative to such nonconformiti es. Secti on 10 Subd. 1 states as its intent: " It is the intent of thi s ordi nance to permit those nonconformities to continue until they are removed, but not to encourage their survival. Such uses are declared by this Ordinance to be incompatible with oermitted uses in the districts involved. It is further the inten~ of this Ordinance that non- conformities shall not be enlarged upon, expanded nor extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district. ...." Subd. 4 goes on to state specific provisions relative to noncon~ forming structures - all of which clearly preclude the proposed expansion. While some may argue that these nonconforming use prOV1S,]OnS represent an unreasonably hardline approach, it should be noted that such pro- visions are relatively common in zoning ordinances. B. Proposed Zoning Ordinance Revision. In the past we have suggested. that the City look ahead to the proposed zoning ordinance revision (first draft, dated October 1980) to see how certain situations are proposed to be handled in the future. Section 200.03, Subd. 1 addresses nonconforming buildings, structures and uses. For the most part, the provisions are the same as the current zoning ordinance. A somewhat less restrictive approach is presented in terms of expanding nonconforming structures, however. Paragraphs j. and k. suggest that nonconfonning structures be allowed to expand "to increase 1 i veabi 1 ity" but "provi ded the nonconformity of the structure will not be increased". Such an expansion is intended to allow addition of a room or possibly even a garage and would be subject to a conditional use permit. Although the proposed structure will be no closer to the water than the existing structure (except for the proposed deck on the upper level, which extends 2~ feet from the front surface of the building), instead of a one level structure being 16 feet from the shoreline, there \'Jill be a three level structure. Even though the proposed ordinance provides some flexibility for nonconforming structures, it still would not allow the proposed expansion. .. Shorewood Mayor and City Council 10 December 1982 Page Three C. Variance. Since both the old and new ordinances preclude the proposed exoansion, the question of variance must be considered. Section 6, Subd. 2 C. prescribes conditions which must exist in order to justify a variance. Based upon provisions 1.(a) through (c) the request does not appear to meet the necessary criteria. From a pl anni ng perspective, we typi ca lly exami ne \'/hether the structure could be placed on the site without need of a variance. In this case, nothing can be.done about the nonconforming lot area or lot width. ~.Q.nside)'inSJ the lo.t-s.izei...in the surrounding vicinity (see Exhibit A), this is not a o'ucia1 concern since the area is inappropriately zoned-in our cpin'ion. Proximity to the~lake, then remains the primary considera- tion'1.lJGiv.en the extent of the expansion (the structure will be increased from-'\~~square feet to over.~ square feet in area), one wou1 d consider the request as being ~-~lace a new structure on top of the old one. In our estimation this new structure could be accommodated within the buildable area (area remaining after setbacks are subtracted) with no difficulty (see Exhibit D). It should be noted that the structure may have to be turned on the site or redesigned, but the space could still be achieved. . Judging from our involvement in Shorewood's Comprehensive Plan, one of the major conc~rns of Shorewood residents is to preserve the natural character of the community and particularly the shorelines of city lakes. Considering the extent of the p~oposed alteration, the natural character of the lake would be better served if the structure were placed back on the lot. D. Shore1and Regulations. The proposed zoning ordinance contains provisions for shore1and management consistent with Minnesota De artme fNatura1 Resources requirements (see Section 200.24. orewood, as all other cities, \if11 be required to adopt such regulations in the near future. Since variances in Shore1and areas will be subject to review and comment by the DNR, we checked with DNR staff as to how they would evaluate this request. As suspected, their reaction was highly negative. The extent of the expansion was .cited as their primary concern. .. ~ ,. RECOMf.1ENDA T I ON Although zoning requirements are admittedly geared for new development, there is an underlying assumption that properties which existed previously and do not conform to city standards. will ultimately be brouQbt into. ~~~fQ~~~~l-!9.-1h~,&teut~.ii~]~_ This is the premise upon which non- conformlng use provisions in a zoning ordinance are founded. To do less ~. Shorewood Mayor and City Council 10 December 1982 Page Four would amount to unequal application of the regulations. In preparing this report we have not addressed the historic significance of the Radisson Inn bdathouse. In our opinion, the proposed expansion would bear no resemblance and in no way preserve the historic aspect of the structure. Based upon the preceding analysis, approval of a variance to allow expansion of a nonconforming structure would be ill-advised. cc: Doug Uhrhammer Gary Larson Jim Norton John Hunner ~" ~ ~ ~~ \Ii ~ '..a ~ I \ rJ \ i~ \1 f ~"~~- t._.~ - ... . / , /~ , ,j'" - " -,,' e : I , -~ / (1 I.. Pl 1 ;- ',p "'-' i jr. ,- '''. " (-." .... '-" / i.- I i '. f' .. ''f, .-.~ . " ,~ "" II') N / r J \ . z o I 'j ~ :~ I ~ I I I <r- ,- . " -. '" . I . 'l- I " ,'\ \ \. -..:- \': -~~";-1: .- .~.. 1 '~ ' ,. I ,;\ ( <0 Q. I ! ~ 'Il ~- .., '" N ~:t.1 "~ .\ N -------- .# \ ~.~~: ~ "'- - /' -- :i? '\_:.~C . (...~) ..~-~ ./ '."'..':;" ~ . \ i 00 r'"," ..\ .';\' " " !~'l" ';:' < 10' ., '.Jl 30N~.LN3 - -- --";:':'~-' \Q (..[ !i )~ . ,r--.... rt) .......--..... ~~_\Ol. / l' L',' [;. tl1 ."~(',_ ~ 'l''l Exhibit A SITE LfJCATlnN Hunner Resi-.:ience (' ""')' \ : 'C_(..I ,~ -"" z z c 0 ~ .... V'l V'l W w ::> ::> 0 0 z z w >- 0::: ::> ~ Exhibit B PHY TnplJGRA I i l ,- " ... , ! x ~ I~f If l UUil ,~li I~JII lia! 11ft!~'''J I '1 "1 ~{I I~ it :1 I i. I ! I. [. . " -1 I Cl)oc !ClII ::r elI:::1 '_ 2~:::I -t ::; ,~ o ::D ~ . 0-. '''0 A~! _ -.0. ~ 1:-. ~. _0:1 .'z :::1:::1 n . :I · 0, .- .:::1 0:::1 - -::D o - A f . NotZ-il-\ .v ........# I I R ~ . d. ' I' " " j , e. ~~ ~. .0 n ?--"~'!' , n n . .......... ----- ----' Ix: ~ Exhibit C SITE PLAN ~r z ~ ruifi !qfil filllll2 ~il: ~i! ~j! I\~l l~ I r I~ :1 T !, , ~ (IIN:Z: t :rO c 00::1 . ..1\1::1 eCll~ .. . o :It .. . oe e '''0 p.~!. - e Q. ~.. s:e e . _0:1 .' :1:11) :I e e- e::l oa - e:lt o . Q. . ~"TH _. - - , · · 0 n: Inn. R ~ . d . ., , i --- , . ------ .~. .j '":,\~r}, "fn#;~'t~rl~:i .-".., '~ Exhibit f) BUILDABLE AR~A '\; '~< , "J. I ,....... '-!\"'" ' I ,t ~. I -" _ ;.,' 1:11;':29/82 e e if/; ORfHNN1Cr. no. An ORDH1AflCR RSTAT3LISHINr. A PROCRrHTRR rOR DISPOSITION rw UNCLAIMRn AtlD rOfJFISCAmp'D PROPRR'l'Y The City Council of the City of Shorewood herehy orilains: Section 1. Unclaimeil Property. Except as otherwise provided in Sections 2 ann 3, any money or personal property, other than animals, cOMing into the possession of the City of Shorewoon in the course of any municipal operation shall be handled ann risposen 6f in the manner provided in this Section. "Responsible Authority" is defined to mean the Chief of Police. (a) eus tody' of Unclaimed' Proper tv . Any money or personal property coming into the possession of any City Officer, agent or employee or memher of an'! City nepartment, shall within 24 hours, be turned over tot he responsible authority by such officer, agent or employee or member of the City department. The responsible authority shall make provisions for receiving and safe keeping of property and Monev delivered to him and corninq into his possession in the course of municipal operations. A receipt shall be issued to the person delivering such property or money to the City. A receipt shall be issuen to the person nelivering sllch proper tv or money to the City. Such property shall be stored in a safe place and such money deposited with the City Treasurer in a special account for a perio0 of three months unless claimed hv the lawful owner. " " . .,' ~ i I I (b) Claims by Owners. During such three month pprioil, the responsible authority shall make a search to locate the lawful owner. He mav ileliver such property or order such monev paid to the owner thereof after receiving satisfactory p roof of ownership ann after providing ten (10) days notice by mail to the person, other than the police officer or City employee, who del i vered such property and to such other person \-lho has asserted a claim of ownership. The Clerk shall not issue any order for the disbursement of such money without the written order of the responsible authority. If ounership cannot be determined to his satisfaction, the responsible authority may refuse to deliver such property or order the payment of such money to anvone until ordered to do so hv a court of competent jurisdiction. e e (c) Claim hv Pinner. If the lal1ful O\mer noes not claim the property or money (luring this three-plOnth period, the responsible mlthority may deliver the property or orner the money paid tot he person, other than the police officer or c:ity employee, who deliveren it to him if such finder shall have previously asserted in writing a claim to the property or noney. (d) 'rransfer to General FlInn. If any such money is not claimed bv the lawful owner or fin~er within the three-month perioe'l, the responsible authority shall so notify the Clerk and the money shall then be transferred to the General Fund of the Citv. (e) nisposal of Unclaimed Property. After the three-Month perioe'l, property not delivered to the lawful owner or finder shall he soln bv the responsihle authority at public auction or appropriatee'l to the use of the Citv. tnstead of being sold at auction, any article or property may be appr'opriaten to the use of the C i tv bv any Department in need thereof, or may he appropriated and given over to the use of any non-profit ~haritable corporation, oganization or founnati.on for a charitable purpose, upon approval of such a I'1etho(J of appropriation by the City Council. (f) Notice of Sale. On behalf of the Citv, the r~spdnsible authority shall sell all unclaimerl property and all property not appropriated to or by the City following at least one published notice thereof in the City's official newspaper not less than two weeks prior tb such sale. The published notice shall contain the following information: (1) Time and place of sale: (2) Description of property to be sold: (3) Terms of payment: (4) That sale will be at public auction and to the highest bidder. (g) Public Sale. If the volume and value of unclaimed property i,s insufficient in the opinion of both the Chief of Police and the City Aarninistrator to justify a public auction, the unclaimed property may be sole'l by public sale. The responsible authoritv shall follow the procedure in paragraph (f) except that sale will be at a public sale to the person with the first reasonable offer. -?- e . (h) nisposition of procee<'1s imi'! TTnsold Propertv. The responsihle authority shall remit the proceeds of the Clllction/sale to the City rTlreaSllrer for i'!r:mosit in the General Pun(l. J\nv property offererl for sale but not" sold and not suitable for appropriation to the use of the City shall be deemed worthless ani'! shall he rlisposed of in suchrnanner as the Citv Administrator directs. (i) Clain by O\mer After Auction. The la\vful mmer of property sold at public auction or sale shall, upon application to the City Clerk; within six (6) months from the dae of sale and upon delivery of satisfactory proof of ownership, he paid the sale price from the General Fund, less the reasonable " expenses incurred in the movement, storage; care and sale of such property. Section 2. Confiscated Property. Any monev or personal propertv, other than animals, coming into the possession of the City poi ice Department in the course of investigating or prosecuting any criminal offenses or ordinance violations shall he hani'lled and disposed of in the manner provided in Section I hereof, except that the three month custody period shall not hegin to run until such time as any prosectuion and appeal proceedings, if any, shall have heen completed for any criminal offense or ordinance violation involving such personal property or monev. Section 3." Unclaimed Hotor Vehicles. An" unclaimed motor vehicles as such vehicles are defined by Minnesota Statutes, Chapter 169, as arnenc'.led, corning into the possession of the City of Shorewood in the course of any municipal operations shall be handled and disposed of in the manner provined in rHnnesota Statutes, Sections l68R.Ol-l6AB.lO. Section 4. Summarv nisposal. ~he responsible authority may in such manner as he determines to be in the. public interest summarily dispose of anv property cominq into his possession which he determines to be dangerous or perishable. He shall make a record of the pertinent facts of the receipt and disposal of such property and report such information to the Cit" Administrator. Section 5. publication and Rffective Date. This ordinance shall be published in the official ne~lspaper and shall become effective immediately upon publication. ADOPTBn BY THE CITY COUNCIL of the City of Shorewooc'.l on the of , 19 day r~ayor ATTEST: Clerk/Administrator e . MEMORANDUM DATE: January 20, 1983 FROM: Jim Miller, Shorewood Building Inspector RE: HOWARDS POINT MARINA The visual inspection of the gasoline pump supply line that is used at Howards Point Marina reveals that it has not changed any since it was installed. The gasoline pipe line is secured to dock posts on the right side of dock 24 inches below water level and approximately 36 inches below dock deck. This portion of gasoline piping would be almost impossible to strike with any water craft. At the gas dock, .itself, the gasoline pipe is under center of dock with no possible contact with any craft. I can see no real problem in this area. I can not see the gas pipe or how it's mounted the first 30 to 35 inches as there is too moch ice and snow, but the portion where boat traffic is - is open water and can be readily seen. e e oor:l.::n.gs January 17, 1983 Mayor Robert Rascop City of Shorewood 5755 Country Club Road Shorewood, Mn. 55331 Re: Shorewood Yacht Club, Inc. Dear Mr. Mayor, Today I, along with Win Kohls who is a member of the Shorewood Yacht Club Board of Directors, stopped at City Hall to make application for a 1983 Dock Permit for 125 slips. Ms. Kennelly advised us that she would pass on our request and material to the City attorney and request that we be placed on the agenda at the Council meeting on Jan. 24, 1983. The following is a partial table of events past: 12-2-74 Initial request for 180 slips under C-3 Application made to the LMCD for 125 slips LMCD tabled application at the re- quest of the City of Shorewood City of Shorewood voted to deny permit Fourth District Court, State of Minne- sota entered a judgement "against the City of Shorewoodcompe11ing the City of Shorewood and its Council to issue a conditional use permit to petitioner for a yacht club as applied for by petitioner" Minnesota Supreme Court meeting en banc upheld the lower court decision. 3-10-75 4-2-75 * 7-25-77 8-22-78 6-15-79 After some difficulty in establishing "dock use areas", Minnetonka Moorings, Inc. has entered into a lease of the Arvidson Parcel to the west of our property. This would allow the LMCD to grant our request for 125 slips. As you know, the Shorewood Yacht Club and its members have been an asset to the community and to the sport of sailing in general. Our facility is considered the finest in the entire Midwest. 600 WEST LAKE STREET · SHOREWOOD, MINNESOTA 55331 · PHONE: 474-2533 1'7' I e e oor:t.::n.gs January 17, 1983 Mayor Robert Rascop Page 2. Time is of the essence as installing the pier posts through the ice is considerably less expensive than during the summer in open water. We look forward to being on the agenda of the Council on Honday evening, the 24th, and I appreciate your atten- tion to this matter. Sincerely, --.~~~. John H. Cross, President MINNETONKA MOORINGS, INC. * Of the eleven Shorewood officials entrusted to con- sider the application, only two found that the evi- dence failed to meet the standards or criteria of the Ordinance. Unfortunately, these two officials constituted two-fifths of the City Council and was a sufficient minority to defeat the application. JHC/w 600 WEST LAKE STREET · SHOREWOOD, MINNESOTA 55331 . PHONE: 474-2533 . ~ e e MEMORANDUM OF LEASE This Memorandum of Lease is executed by Minnetonka Moorings, Inc. ,.a Minnesota corporation, and Michael Arvidson and Carol Arvidson, husband and wife, to confirm certain terms of that lease agreement by and between the Arvidsons as Lessors and Minnetonka Moorings, Inc. as Lessee dated January tL, 1983. - 1.) Said lease is for reai estate described on Exhibit "A" attached hereto. 2.) Said lease by its terms includes certain rights for Lessee to use Lessors' dock use area in Lake Minnetonka attributable to said real estate. 3.) Lessors reserve in said leases the right t~~s3 .yL/(, ~nd maintain their .currently existing dock on the~Q~~ltcr~y~ portion of the property. ,u? rftlp 4.) The additional dock m~ine~ined by a third party under easement rights at thewt~ltc?~~end of the lakeshore shall also be maintained by that third party. 5.) The term of said lease shall run until March 31, 1993, subject to three consecutive ten year options to extend the term of the lease. MINNETONKA MOORINGS, INC. . BY~-t:- ~~,--- o n Cross, President M!(l4on 1 . I . " . ( l~' " .~ <' I { ~ / II .' . ,'J' / Car~l' A rvids/o~ I.".." Dated: January 'f 1983 .....--..,.""..-..".. _ _ ______d_ . . .. '_.."'---........--,..~,..~.,.,..!.~,.~-_..........-.....,- --'..-. -, -.--",:._'-''.': e e EXHIBIT A Lot 293, Auditor's Subdivision ,No. 135, and also a strip of land 60 feet wide lying southerly of and adjoining the southerly line of said Lot 293, subject to easement for boat and beach purposes over the West 20 feet of the North 3S feet of a strip of land 60 feet wide, lying Southerly of and adjoining the Southerly line of Lot 293, Auditor's Subdivision Number 135, Hennepin County, Minnesota as wore fully set forth in Waranty Deed filed as Document 3598970 in favor of the owners of that part of Lot 294, Auditor's Subdivision Number 135, Rennepin County, Minnesota, lying north of a line described as follows: Commencing at the Southeast corner of Lot 3, Block 3, "Excelsior Park"; thence North 'along the Fast line. of said Lot 3 a distance of J3 feet to the point of beginning of the line being described; thence deflecting right 900 to the East line of said Lot 294, and there ending; and except such rights as way exist by reas~n of grant of easement set forth as Document Number 3286569~ and except such rights as may exist in favor.of the Village of Fxcelsior and in favor of the Metropolitan Sewer Board as more fully set forth in Quit Claim Deeds filed as Documents Numbered 4056323 ~nd 4056324; and except such rights as acquired by the ~etropolitan ~ewer Board pursuant to Document filed as Document Number 4008763. e e COUNCIL MEHlER IN.l'ImOCED '!HE ror.u::MING RESOLTJrICN AND lOJED ITS AOOPrICN RESOWl'ICN 00. . RESOLurICN AOOPl'ING A FINAL JOINT AND axJPERATIVE AGREEMENT AS AMENIED FOR '!HE lAKE MINNmX:NKA CABLE mHJNICATICNS cn+1ISSICN WHERFM:;, the City of (hereinafter City) adq>ted en , 1982, Resolution No. , a Resolutioo authorizing participation in the Lake Minnetonka Cable Connunications Camlission, and WHEREAS, the Lake Minnetonka Cable Conmunications Comnission, duly formed p..lrsuant to a Joint and Cocperative Agreement entered into by City, has requested certain amendments to the original Joint and Cocperative Agreement, and WHEREAS, City deems it proper and in the public interest to amend the Joint and Cocperative Agreement as r~nded by the Lake Minnetonka Cable Camlunications Camlission. N:M, 'IHEREJroRE, BE IT RESOLVED by the City Council as follows: 1. That the City adopt the Final Joint and Cooperative Agreement, as amended, regarding the Lake Minnetonka Cable Communications Carmission, attached hereto as Exhibit "A" and 00 file in the office of the City Clerk. 2. That the appropriate official execute the Joint and Cocperative Agreement, as amended, and file it with the City Administrator of the City of Tanka Bay. 3. That the City's two directors currently representing it on the Joint Commission remain as originally appointed. 4. That the payment to the Lake Minnetonka Cable Communications Camnission not be altered fran that originally authorized by the Council. The notion for the adoption of the foregoing resolution was duly seconded by Councilmember and upon vote being taken It e FINAL JOINI' AND <XX>PERATIVE AGREEMENl' lAKE MINNE:'lOOKA CABLE CXMoIJNICATICNS CXJ.t.D:SSlOO AS AMENIED The parties to this agreement are governmental units of the State of Minnesota. '!his agreement is made p.lrsuant to Minn. Stat. i8238.08 and 471.59. I. PURPOOE '!he general purpose of this agreement is to establish an organizati<:>n to study, prepare, adopt, grant, administer and enforce a single non-exclusive, cable cx:mnunications franchise and establish rates thereunder, in mel'ltler cities in the Lake Minnetonka SubJrban cxmrunities of Hennepin County, Minnesota. In order to carry out the p.lrpose of this agreement, the parties shall appoint a carmission which shall be representative of all members. II. NAlvE '!he organization created by this agreement shall be known as the "Lake Minnetonka Cable Ccmnunications Canmission" (hereinafter "Canmission"). III. IEFINITICNS For puq;x)Ses of this agreement, the terms defined in this article shall have the meanings given to them. Section 1. "Ccmnission" means the organization created pursuant to this agreement. e - Sectioo 2. "Director" means the person ap{X>inted by a menb!r City Council to be its representative 00 the Ccmnission. Sectioo 3. "Member" means a city which enters into this agreement and is, at the time involved, a member in good standing. Sectioo 4. Other Definitions. Definitions of other words, terms, and phrases contained in the rules of the Mi.nensota Cable Carmunications Board (hereafter "KX:B") and the Federal Cannunications Ccmnission (hereafter "Fa:") are incorporated herein as though fully set forth. N. MEmERS Sectioo 1. The cities eligible to enter this agreement are the following Mirmesota cities: Deephaven, Excelsior, Greenwood, Minnetonka Beach, Mirmetrista, Orono, Shorewood, Spring park,Tonka Bay, ~land, Medina, St. Bonifacius, Long Lake, and Victoria, Minnesota. Sectioo 2. Any municipality desiring to beoane a member shall exe- cute a oopy of this agreement and conform to all requirements herein. Sectioo 3. The . ini tial members shall be those municipalities who beoane members 00 or before September 1, 1982. Section 4. Any other municipalities desiring to beoane members after Sept:ent>er 1, 1982, may be admitted by an affirmative vote of ~thirds (2/3) of the eligible votes of the Cannission. The Carmission may, by resolution, i.np:lse , conditioos upon the admission of additional members. V. DlRECro~ Sectioo 1. Qualification/Appointment. The City Council of each member shall be entitled to awoint two directors, at least ale of whan shall be a member of that oouncil and the other a qualified voter residing within that -2- e e ci ty. '!be City Council of each member shall be entitled to appoint at least ale alternate director. When the oouncil of a member appoints its first two direc- tors, it shall give ootice of their appointments to the City Administrator of the City of Tanka Bay. Notice of a successor director shall be given to the Secretary of the Carmission. That ootice shall include the nane and mailing address of the appointee which shall be deemed to be the official nane and address of that appointee for the purpose of giving any notice required umer this agreement. Section 2. Term. Each director shall serve for a term of me year. All terms shall begin as of the effective date of this agreement. A director ~all serve at the pleasure of his or her city oouncil, and a director may be rewoved at any time by that city council. Section 3. Voting. Each director shall have one vote for each 1,000 dwelling units or fraction thereof in the municiPality represented by the direc- tor as recorded in the nnst recent records of the Metropolitan Council; pro- vided, however, that each director shall have at least one vote and 00 director shall have m:>re than four votes. Prior to December 31 of each year, the Secretary of the Carmission shall determine the nunt>er of dwelling lIDi ts in each Irember in accx>rdance with this section and certify the results to the Chair. There shall be 00 voting by proxy, but all votes nust be cast in person at Carmission meetings by the director or his or her alternate. A director shall / oot be eligible to vote on behalf of his or her city during the time that it is in default en any contribution or payment to the Cannission. During the existence of such default, the vote or votes of such member shall not be counted for the purposes of this agreement. Section 4. Carpensation. Directors shall serve without CCI'l'pensation fran the Carmission, but this shall oot prevent a member fran carrpensating its directors if oanpensation by that member is otherwise authorized by law. -3- e e Sectioo 5. Vacancies. A vacancy in the office of director shall exist for any of the reasoos set forth in Minnesota Statutes 8351.02, or upon revocation of a director's awointment by a member duly filed with the Ccmnission. The city council of each ment>er shall fill for the unexpired por- tion of the Term of said director any vacancy in the directors appoin~ed or to be appointed by it. A suspected vacancy or director's failure to attend three consecutive meetings shall be reported by the Secretary of the Ccmnission to the appointing city council for action in replacing its directors. VI. OFFICERS Section 1. Nuinber/.E:lection. The officers of the Ccmnission shall cons ist of a Olair, a Vice Chair, a Treasurer, and a Secretary all of whan shall be elected at the first meeting of the Ccmnission and at the annual meeting of the Ccmni.ssion held in July of each year. New officers shall take office at the adjournment of the annual meeting of the Ccmnission at which they are elected. Officers shall serve one year terms and may serve up to two consecutive terms in the satre office. Section 2. Chair;\7ice Chair. The Chair shall perside at all meetings of the Commission and shall perform all duties incident to the office of Chair, and such other duties as may be prescribed by the Ccmnission. The Vice Chair shall act as Olair in the absence' of the Chair. Section 3. Secretary. The Secretary shall be responsible for keeping a rerord of all of the proceedings of the Ccmnission and giving notice of the meetings. Sectioo 4. Treasurer. The Treasurer shall have custody of the Ccmni~sion's funds, pay its bills, keep its financial records and generally con- duct its financial affairs. The Ccmnission shall have the right to appoint a -4- e - Dep.lty Treasurer. All checks drawn upon the Camrl.ssion' s bank accxxmt shall require the signatures of the Treasurer of Deputy Treasurer and the Chair or Vice Chair. The Ccmni.ssion's financial books and records shall be audited on .or before June 1 of each year, or at such other ti.ne as the Camrl.ssion may direct, by an independent aooitor designated and approved by the Camrl.ssion. The Ccmnission may require the Treasurer to post a fidelity bond or other insurance against loss of Carmission funds in an anount approved by the Camdssion, at the expense of the Cannission. Section 5 . Executive CarIni ttee. There shall be an Executive Comnittee which shall consist of the four officers and three other directors elected by the Carmission. To the extent determined by resolution of the Ccmnission or by-law, the Executive Camrl.ttee shall have the authority of the Comnission in the management of the business of the Camrl.ssion. The Executive Comnittee shall act only in the interval between meetings of the Camrl.ssion and at all ti.nes is subject to the control and direction of the Camrl.ssion. The Executi ve Ccmni. ttee. shall neet at the call of the Chair or upon the call of any other three members of the Executive Camrl.ttee. The date and place of the neeting shall be fixed by the person(s) calling it. At least forty-eight hours advance written notice of that neeting shall be given to all ment>ers of the Executive Ccmnittee by the person calling that meeting: however, notice may be waived by any or all members wtx> actually attend the meeting or wtx> give written waiver of such notice for a specified neeting. VII. EFFECrIVE DP.TE: MEETINGS Section 1. This agreement is effective on the date when executive agreements and authorizing resolutions of ten (10) of the municiPalities named -5- e e in Article V, Sectioo 1 have been filed as provided in this Article. Section 2. Within thirty (30) days after the effective date of this /' agreement, the Mayor of Tonka Bay, Minnesota shall call the first meeting of the Carmissioo which shall be held 00 later than fifteen (15) days after such call. Section 3. The first meeting of the COmmission shall be its organ i- zatiooal meeting. At the organizatiooal meeting, the Carmission shall select fran anong the directors a chair, a vice-chair, a secretary arxi a treasurer, arxi may appoint any consultants or other staff to coordinate the activities of the Coomission am to draft any necessary Ccmni.ssion documents. Section 4. At the organizational meeting, or as soon thereafter as it may reasonably be done, the Ccmni.ssion shall adopt by-laws governing its pro- cedures including the time, place, notice for arxi frequency of its regular neetings, procedure for calling SPeCial meetings, am such other matters as are required by this agreement. The COmmission may amend the by-laws fran time to time. Section 5. Voting/Quorum. No business shall be performed unless a majority of the votes of the directors present arxi voting at a COmmission neeting vote in the affirmative, or unless a majority of the Executive COmmittee vote in the affirmative at its meeting. A majority of the votes of the Catmission representing at least seven (7) meIl'bers shall constitute a quorum of the Comnission arxi a majority of thpse appointed shall constitute a quorum for a neeting of the Executive COmmittee, but a smaller nuntler may adjourn fran time to time. VIII. ~, RIGlTS AND DOrms OF <XHfiSSICN The powers, rights arxi duties of the Ccmni.ssion shall include those set forth in this Article. -6- e e Sectioo 1. Franchising Authority. It shall act as the cable cx:m- nunications franchising authority for the members to this agreement. Sectioo 2. Grant of Franchise. It shall prepare, adopt and grant a. cable ccmnunications franchise pursuant to the Minnesota Cable Carmmications Act, Minn. Stat. Ch. 238,1 the rules of the MXB and the FCC, and according to the following procedure: a. Needs Assessroont Report. It shall canpile, make publicly available and approve a sunmary of the Needs Assessroont Reports fran member nunicipalities. b. Request for Proposals. It shall prepare and adopt in a public h~aring and perform all other acts incident to the issuance of a Request for PrOfX)Sals. The adoption of the Request shall be by an affirmative vote of not less than twenty (20) directors of the Cannission representing not less than ten (10) IreIrbers. c. DesignaHon of Catpany by Resolution. After receipt and review of all prOfX)Sals sOOrni tted to the Cannission by cable ccmnuniciations canpanies, it shall select at a public hearing by resolution one cable ccmnunications cx:m- pany to which it may grant a franchise. The adoption of this resolution shall be by an affirmative vote~ of not less than twenty (20) directors of the Cannission representing not less than ten (10) members. d. Adoption of Franchise Ordinance. It shall prepare and adopt an , authorization known herea.fter as a "franchise ordinance" and, by that franchise ordinance, grant to one cable ccmnunications canpany a non-exclusive, franchise to construct, operate, rnaiintain or manage a cable ccmnunications system encan- passing all of the territory of the members to this agreement. The adoption of the franchise ordinance and the grant of the franchise shall be by an afirmative -7- e e vote of not less than twenty (20) directors of the Camlission representing not less than ten (10) rnembers1 provided, however, that the franchising process shall cease if the cable a:mnunications OCIIpany which was selected by resolu- tion in accordance with paragraph c above is not granted the frarx:hise by ordi- nance approved by a vot;e in accordance with this paragraph. In the event the franchising process ceases in acoordance with this paragraph, the Camlission shall pranptly reccmnence the franchising process at any stage determined by Cannission. e. Public Hearing. It shall hold at least one public hearing before it adopts a frandlise ordinance. At least ten (10) days prior to that public hearing, it shall publish in all official newspapers of the members a notice of that hearing. The franchise ordinance adopted by the Camlission shall be signed by the Chair and attested by the Secretary. f. Publication/Effective Date. The franchise ordinance shall be published within fift~n (15) days after adoption by the Commission in the offi- cial newspaper of the nenbers. The franchise ordinance shall take effect thirty (30) days after the last date of its publication, or at such later date as fixed therein, unless four (4) or more nenbers withdraw under paragraph 9 below, in whidl case the franchise ordinance shall not becane effective. The franchise ordin~nce may incorporate by reference, without publication in full, (i) a sta- tute of Minnesota, (ii) a rule of, the M:CB or the FOC, and (Hi) the "Pr~s for Franchise" and other offers and representations subnitted by the cable ccm- m..mications cx:>mpany to whan the franchise is granted. g. Withdrawal. At any time after the franchise ordinance has been adopted by the Ccmnission, but oot later than five days before its effective date, a member may withdraw for any cause fran the Camlission by giving written -8- e e notice of its withdrawal to the Secretary of the Camdssion. A meni:>er's withdrawal under this paragraph shall be effective upon the receipt of the notice of withdrawal by the Secretary of the Camdssion. A menDer which does not withdraw under this paragraph shall be boond by the franchise ordinance adq>ted arx3 granted by the Camdssion. If four (4) or m:>re ment>ers withdraw under this paragraph, the franchising process shall cease. h. Amendment. The Camd ss ion may review arx3 amend the franchise ordinance in acc::ordance with the procedures set forth in this agreement arx3 the rules of the KXJ3 and Fa:: upon the affirmative vote of not less than two-thirds (2/3) of the authorized votes of the Catmission representing not less than ten (19) members. The Catmission shall hold at least one public hearing before it amends a franchise ordinance or establishes rates therein. At least ten (10) days prior to that public hearing, it shall publish in the official newspapers of the members a notice of that public hearing. An amendment to the franchise ordinance shall be signed by the Chair arx3 attested by the Secretary. An amend- ITEnt to the franchise ordinance shall be published in the official newspaper of the members within fifteen (15) days after adoption by the Catmission, and any amendment shall take effect upon publication or at such later date as is fixed therein. Section 3. Administration/Enforcement. It shall adRdnister and enforce the cable cx:mnunications franchise ordinance1 provided that the / franchise ordinance may peItnit the enforcement and administration of certain of its provisions by membes to this agreement, for which services the Catmission may payor reimburse its member. Section 4. Rates. It shall establish rates charged subscribers by the cable cx:mnunications oanpany. Section 5. Lobbying. It may sutmit written ccmnents on rules, regu- lations or legislation regarding cable cxmnunications prq>oSed by or pending -9- e e before the ~, the FC:X:, the Minnesota Legislature, or Congress, or it may directs its representatives to appear aOO testify 00 cable cxmnunications before these governmental bodies. Sectioo 6. Investigation. It may investigate the q>eration of cable cxmnunications systems in other cities in Minnesota, and the expenses of tra- veling aOO subsistence of directors in making any such investigations shall be borne by the Carmission. Section 7. Gifts/Grants. It may accept gifts, apply for aOO use grants aOO may enter into agreements required in connection therewith and it may hold, use aOO dispose of roney or prq;>erty received as a gift or grant in accor- danae with the terms hereof. Section 8. Contracts. It may enter into any cootracts deemed necessary by the Carmission to carry out its powers aOO duties, subject to the provisions of this agreement. Contracts shall be let.aOO purchases shall be made in accordance with the 19a1 requirements applicable to contracts aOO purchases by Minnesota statutory cities. It may not purchase real estate without the prior approval of at least two-thirds (2/3) of its menDers. Section 9. Advisory Bodies. It may appoint advisory bodies to make reccmneooations to it on cable ccmnunications. Section 10. Consultants. It may act or cause others to act in any manner regarding (i) the study of cable ccmnunications, (il) the preparation of , a franchise ordinance and other documents required to grant such a franchise, (Hi) the evaluation of prq;x:>sals, (iv) the administration and enforcement of a cable ocmnunications franchise, and (v) the establisl'lIoont of rates thereunder. Section 11. Other Actions. It shall take such action as it deems necessary aOO appropriate to acoanplish the general purposes of the Carmission -10- e e and it may exercise any other patler necessary and iooidental to the implemen- tation of its powers and duties. Sectioo 12. AmerXhnents and Agreement. It shall recx:mnerxi for enact- ment by its members amendments to this agreement which will facilitate the admi- nistration and enforcement of the franchise granted by it, and the establishment of rates thereunder. Sectim 13. Menber's Building COdes. NothiB:} in this agreement or in the franchise ordinance adopted by the Ca11ni.ssion shall be deemed to waive the requirements in each mernber' s codes and ordinances regarding zoning, building or construction permits, fees or manner of construction. IX. FINANCIAL MATl'ER) Sectioo 1. Contributions 1982. For the remainder of the calendar year 1982, the financial contributions of the parties in sURX>rt of the Carmission shall be $ ~OO for each allocated vote of each director representing said member 00 the Carmission (eg. Excelsior - 2 votes times two (2) directors equals four (4) times $800, or $3,200 initial oontribution). In the event a franchise is granted by the Camdssion, the financial contributions of the rrember municiPalities up to the date of the grant of the franchise, as well as all other reasonable expenses incurred by the member municiPalities in the cable television franchising process, shall be recovered and paid to the member / . 1ll.lniciPalities fran the acceptance fee of the franchise grantee. The 1982 contributioo by the members shall be the maximum contribution and no further contributions are to cane fran the rrembers without approval by each member. Sectioo 2. Contributions: Subsequent Years. Contributions for the year 1983, and subsequent years sufficient to satisfy the final budget of the Carmission shall be established in relation to the allocated votes of each rrember and shall cane fran the franchise fees or fran Grantee as an acceptance fee or as an advance on the franchise fees. -11- e e x. WITHDRAWAL Section 1. A member may withdraw fran the Carmission prior to the effective date of the franchise ordinance by filing a written ootice with the Secretary by October 15 of any year giving ootice of withdrawal effective as of the end of that calendar year ~ and membership. shall continue until the effec- tive date of withdrawal. A notice of withdrawal may be reseWed at any time by a member. If a member withdraws plU:'suant to this section, the member shall have no claim 00 the assets of the Carmission. A menDer shall oot withdraw until the member's financial contribution for the calendar year is paid in full. -12- e e Sectioo 2. Withdrawal for Cause. A menber may withdraw fran the Ccmnission after the effective date of the franchise ordinance as prescribed by Article Vill, Sectioo 5, paragraph f a1ly (i) if the Cannissioo itself breaches or violates this agreement, or (ii) if the Cannission fails to ocmnence enfor- cement of the ordinance within four IOOIlthS after being ootified by a member of the existence of a violation of the ordinance occurring within the territorial limi ts of that city. Sectioo 3./ Notice of Withdrawal. A ment>er withdrawing fran the Cannission under this article shall seOO to the M:CB am the Ccmni.ssioo Secretary a written Notice of Withdrawal which shall specify both the grounds ~d the effective date of its withdrawal. Section 4. Effectiveness of Ordinance After Withdrawal. The franchise ordinance adopted and granted by the Ccmnissioo shall provide that it is effective am enforceable within the territorial limits of a city which has withdrawn fran the Ccmnission under this article am a city which withdraws fran the Ccmnission shall be bound by the terms of any cable cx:mnunications franchise previously adopted am granted by the Ccmnission. A city which has withdrawn shall be the exclusive authority to administer am enforce the cable cx:m- I'II.1Ilications franchise ordinance as to its oorporate boundaries. Section 5. Cc'.q:leration. The Cannission am a city which withdraws under this article shall oooperate with each other am the cable cx:mnunications operator am shall use their best efforts to achieve an orderly and efficient transfer to that city of the administrative and enforcement authority over the cable ccmnunications system established within the withdrawn city. Section 6. Access to Ccmni.ssion Assets. A member withdrawing fran nembership at a tine when such withdrawal does oot result in dissolution of the Cannission shall forfeit its claim to any assets of the Carmission except that -13- e e it shall have access, at a reasonable oost am urKler such c:xxxUtioos as the Cannission may determine, to any cable a:mnunicatioos programs, files or other materials develq;)ed for its use while it was a nenber. Section 7. Merger. The merger of two or nore municipalities then parties to this agreement shall oot be deemed a withdrawal of the merged rrunici- palities for the pJrposes of this agreement. In the event of a merger of two or nore municipalities then parties to this agreement, the newly created rrunicipa- lity shall be entitled to the m.DTber of votes on the Cannission calculated pJr- suant to Article V, Section 3 of this agreement am based upon the nlJJlber of . dwelling units within the newly formed municipality. 'Any subsequent financial cOntribution to the Camdssion required of a merged municipality shall be calcu- lated IXlI'suant to this agreement based upon the new vote allocation of the merged municipality. XI. DISSOLt1I'IOO Section 1. Method. The Carmission shall be dissolved (a) when a sufficient mmber of nenbers withdraw fran the Carmission to reduce the total nunber of remaining oontinuous nenbers to less than nine (9), or (b) upon an affirmative vote of two-thirds (2/3) of the directors of the Cannission. Section 2. Distribution of Assets. Upon dissolution, the remaining assets of the CCmnission, after payment of all obligations, shall be_distributed among the then existing members in. prqx>rtion to their oontr ibutialS, or in such other way as those nenbers may agree. Section 3. Necessary Measures. In the event of a dissolution the Coomission shall determine the measure necessary to effect the dissolution am shall provide for the taking of such measures as pranptly as circumstances per- mit am subject to the terms of this agreement. -14- e e Sectioo 4. Effectiveness of Ordinance After Dissolutioo. The franchise ordinance adopted and granted by the CcIIInission shall provide that it is effective and enforceable within the oorporate limits of all cities which were rrembers prior to the dissolutioo of the CcIIInission, and those cities shall be bound by the terms of any cable ocmnunications franchise previously adopted and granted by the Camdssion. After dissolutioo, each city shall be the exclu- sive authority to administer and enforce the cable cxmnunications franchise ordinance within its rorporate boundaries. XII. AmITRATIOO Section 1. Caipulsory Arbitration. Any rontroversy arising out of or relating to this agreement including but oot limited to the withdrawal by a nember for cause fran the Carmission shall be settled by a Board of Arbitrators in acx:x:>rdance with the provisions of the Uniform Arbitration Act, Sections 572.08 to 572.30, Minnesota Statutes. Section 2. Board of Arbitrators. The Board of Arbitrators may be C<J11?rised of ooe individual nutually selected by the CcIIInission and the member which has raised the issue in rontroversy. If the CcIIInission and member are unable to agree upon a single arbitrator, the Board of Arbitration shall be C<J11?rised of three (3) individuals, ale of whan shall be appointed by the Comnission, the serond ~inted bY the member which has raised the issue in 1 controversy, and the third appointed by the other two arbitrators. Upion failure to agree upon selection of the third arbitrator, that individual shall be ~inted by the Olief Judge of the Fourth"Judicial District, Hennepin County, Minnesota. -15- e e XIII. INIDfiIFIC'ATI~ The Camlission and its member municipalities shall indemnify and oold harmless any nenber municipalities for damages, including reasooable attorneys' fees, incurred as a result of any action brought against said mentler municipa- lity and resulting fran the joint act or anission of the Cannission established herein. Said respoosibility for irx1emnification shall be prqx:>rtional to the contribution of any nenber municipality. XlIV. EFFECl'IVE Ot\m Section 1. Execution of Agreement. A rnerrber entering into this agreement shall do so by the duly authorized execution of a CXJfJY of this agreement by its prq:>er officer. Thereafter, the Clerk or other appropriate officer of that member shall file a duly executed CXJfJY of this agreement, together with a certified a::Jf!f of the authorizing resolution and any initial contribution required by Article VIII with the City Administrator of the City of Tonka Bay. Section 2. Effective Date. This agreement shall becane effective when (a) it has been authorized by ten (10) of fourteen (14) eligible cities, and (b) all appropriate documents have been filed as provided abcNe. Section 3. Previous Agreement Superseded. This agreement, when effective under Section 2 abcNe, supersedes all previous agreements between the members hereto establishing a joint cable cx:mnunications cx:mnission. X!J. DURATlOO This agreement shall continue in effect fran year to year until ter- mination in aocordance with the terms of this agreement. -16-