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04-040• CITY OF SHOREWOOD RESOLUTION NO. 04-040 A RESOLUTION AMENDING A CONDITIONAL USE PERMIT FOR THE SOUTH LAKE MINNETONKA PUBLIC SAFETY FACILITY (WEST LOCATION) WHEREAS, in September of 2002 the City of Shorewood granted a conditional use permit for the construction of a building at 24140 Smithtown Road to be occupied by the Excelsior Fire District and the South Lake Minnetonka Police Department, which permit is set forth in Shorewood Resolution No. 02-075; and WHEREAS, the property is legally described as: "Lot 2, Auditor's Subdivision No. 133, Hennepin County, Minnesota. WHEREAS, the Excelsior Firefighter's Relief Association (EFRA) has applied for an amendment to the conditional use permit to allow the annual Firefighters Dance to be held at the Public Safety Facility site; and WHEREAS, the request was reviewed by the City Planner and his recommendations • were provided to the Planning Commission at its meeting held on 6 April 2004; and WHEREAS, after required notice, a Public Hearing was held and the Applicant's application reviewed by the Shorewood Planning Commission at its regular meeting on 6 August 2002, the minutes of which meeting are on file at City Hall; and WHEREAS, the Applicant's request was considered by the City Council at its regular meeting on 26 August 2002, at which time the Planner's recommendations and the minutes of the Planning Commission were reviewed and comments were heard by the Council from the City staff. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: FINDINGS OF FACT 1. The EFRA proposes to hold its annual Firefighters Dance, which has traditionally been held on the third Friday in July, from 5:00 P.M. to midnight. 2. Existing parking facilities on the site will be used for vendor tents and trailers. 0 • 3. The Dance will feature live music with the band located inside the building. 4. The number of people visiting the site over seven hours is estimated to be between 2000-3000. 5. The EFRA proposes to have visitors park their cars at remote locations (e.g. area churches) from which visitors will be shuttled back and forth from the site. dance. 6. Fire fighting apparatus will be parked outside during the dance. 7. , Security services will be provided by the South Lake Police Department. The EFRA proposes to obtain a license to sell 3.2 non -intoxicating alcohol at the CONCLUSIONS 1. The proposed use of the property is consistent with its current zoning and with the Shorewood Comprehensive Plan. • 2. The conditional use permit for the South Lake Minnetonka Public Safety Facility is hereby amended to allow an annual Firefighter's Dance to be held on the property subject to the following: a. The EFRA shall obtain written permission of the Excelsior Fire District to hold the dance at the South Lake Minnetonka Public Safety Facility (West Location). b. The EFRA shall provide off -site parking locations and shuttle service to get visitors to and from the site. C. The EFRA shall provide temporary "no parking" signs on both sides of Shorewood Lane, County Road 19, Echo Road, Country Club Road and Minnetonka Drive, as needed. d. The EFRA shall provide temporary barricades to prevent visitors from using Shorewood Lane during the dance. The EFRA shall provide personnel at all times to move the barricades for residents of Shorewood Lane to access the street. e. Noise levels associated with the dance shall not exceed residential levels as prescribed by the Minnesota Pollution Control Agency. Specifically, noise shall not exceed 60 dBA in the daytime (7:00 A.M. to 10:00 P.M.) and 50 dBA in the nighttime (10:00 P.M. to 7:00 A.M.) as measured at adjacent property lines. f. At all times during the dance, the EFRA shall provide personnel to direct pedestrian traffic across County Road 19 at a temporary crosswalk. g. The EFRA shall provide temporary fencing and personnel as needed to prevent pedestrian traffic from entering the site from the west. h. The EFRA shall clean up all trash and refuse associated with the dance on the site and adjoining properties by dusk of the following day. -2- • i. Site signage associated with the dance shall require a separate permit, subject to approval by the City Council. j. Each year, at least 90 days prior to the dance, the EFRA shall make application for a special event permit. This permit shall be reviewed by the Zoning Administrator, City Administrator, and Chief of Police. The application shall include plans for traffic control, parking, and pedestrian access. Approval or denial of the permit application shall be made by the City Council. k. The EFRA shall take out and maintain a single limit public liability insurance policy in an amount recommended by the City Attorney. The City of Shorewood and the Excelsior Fire District shall be named as additional insured on said policy and the EFRA shall file a copy of the insurance coverage with the City at least 30 days prior to the date of the annual dance. 3. The City Clerk shall provide the Excelsior Firefighters Relief Association with a certified copy of this resolution for purposes of recording with the Hennepin County Recorder. 4. This resolution must be recorded within 30 days of the Applicant's receipt of a certified copy hereof. ADOPTED BY THE CITY COUNCIL of the City of Shore d this 26th day of April 2004. • WOODY LOVE, MAYOR ATTEST: • TRATOR -3-