061305 CC Reg AgP
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CITY OF SHOREWOOD
CITY COUNCIL REGULAR MEETING
MONDAY, JUNE 13,2005
5755 COUNTRY CLUB ROAD
COUNCIL CHAMBERS
7:00 P.M.
AGENDA
1. CONVENE CITY COUNCIL MEETING
A. Roll Call
Mayor Love _
Lizee
Turgeon _
Callies
Wellens
B. Review Agenda
2.
APPROVAL OF MINUTES
A. City Council Regular Meeting Minutes, May 23,2005 (Att.- Minutes)
B. City Council Work Session Minutes, May 23,2005 (Att. - Minutes)
3.
CONSENT AGENDA - Motion to approve items on Consent Agenda & Adopt Resolutions
Therein:
NOTE: Give the public an opportunity to request an item be removed from the
Consent Agenda. Comments can be taken or questions asked following removal from
Consent Agenda.
A. Approval of the Verified Claims List (Att.- Claims List)
B.
Staffmg - No action required
C. Birch Bluff Road No Parking Restrictions (Att. - Planning Director's memorandum)
D. Sign Permit Approval (Att. - Planning Director's memorandum)
Applicant: Taurus Sign Co., for "Buckaroo's Bargains"
Location: 23630 State Highway 7 (Shorewood Village Center)
E. Sign Permit Approval (Att. - Planning Director's memorandum)
Applicant: Sign Source, for "Dry Cleaning Station"
Location: 23490 State Highway 7 (Shorewood Village Center)
F. Approve Extension of Conditional Use Permit (Att. - Planning Director's memorandum)
Applicant: Gretchen Sebald
Location: 20625 Garden Road
G.
Final Plat Approval for Arbor Creek (Att. - Planning Director's memorandum, Draft
Resolution, Development Agreement)
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CITY COUNCIL AGENDA - June 13, 2005
Page 2 of3
4.
MATTERS FROM THE FLOOR (No Council action will be taken.)
5. REPORTS AND PRESENTATIONS
A. 2004 Comprehensive Annual Financial Report (CAFR) by Steve McDonald, CPA (Att.-
Finance Director's memorandum)
B. Report on Fourth of July Event by Linda Murrell, Director of the South Lake-Excelsior
Chamber of Commerce
6. PUBLIC HEARING
7. PARKS - Report by Representative
A. Report on Park Commission Park Tours Held May 24, 2005 (Att.- Draft Minutes)
8.
PLANNING - Report by Representative
A. C.U.P. for Two Houses Temporarily on One Lot (Att.-Planning Director's memorandum,
Draft Resolution)
Applicant: Michael and Jody Laughlin
Location: 5665 Howard's Point Road
B.
Minor Subd.lCombination and C.U.P. for Accessory Space Over 1200 Sq. Ft. (Att.-
Planning Director's memorandum, Draft Resolution)
Applicant: Dave Raisbeck
Location: 26640 Edgewood Road
C.
Minor Subdivision/Combination (Att.-Planning Director's memorandum, Draft
Resolution)
Applicant:
Location:
Howard's Point Marina
5400 Howard's Point Road
D. Preliminary Plat - Parkview (Att.-Planning Director's memorandum)
Applicant: Bridgeland Development Co.
Location: 5025/5045/5055/5075 Suburban Drive
9. GENERAL/NEW BUSINESS
A. Appeal Notice to Remove (Att. - Planning Director's memorandum)
Appellant: Quentin Irey
Location: 26040 Wild Rose Lane
B. Appeal Notice to Remove (Att. - Planning Director's memorandum)
Appellant: Gale E. Olson, Jr.
Location: 25775 Birch Bluff Road
C.
SLMPD Issues Group recommendations (Att. - Administrator's memorandum)
D. Storm Clean-up (Att. - Administrator's memorandum)
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CITY OF
SHOREWOOD
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5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236
FAX (952) 474-0128. www.cLshorewood.mn.us. cityhall@cLshorewood.mn.us
Executive Summary
Shorewood City Council Regular Meeting
. Monday, 13 June 2005
. Council will gather at 6:15 this evening for a Council Photo.
. A Work Session will immediately follow the Regular City Council Meeting
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Agenda Item #3A: Enclosed is the Verified Claims List for Council approval.
Agenda Item #3B:
Staffing - no action required.
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Agenda Item #3C: Earlier this year, the Council adopted a resolution that will restrict
parking on one side of Birch Bluff Road, near construction activities taking place this
summer. The area will be crawling with contractors, making the narrow street
unpassable ifparking is allowed on both sides. Subsequent to the adoption of the
resolution, a resident who could not attend the meeting advised us that the side
recommended for parking was the side that mailboxes were on. A new resolution
switching the restriction to the other side of the street is included in your packet. If you
have any questions relative to this item, please do not hesitate to contact the Planning
Director prior to Monday night.
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Agenda Item #3D: Taurus Sign Co. has applied for an after-the-fact sign permit for a new
store (Buckaroo Bargains) in the Shorewood Village Shopping Center. The sign
complies with the CUP for the Center. Consistent with City policy, the sign company
will be charged a double fee for working without a permit.
Agenda Item #3E: Sign Source, on behalf of "Dry Cleaning Station" has applied for a sign
permit for the ShorewoodVillage Shopping Center. The sign complies with the CUP for
the Center, and approval is recommended.
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Agenda Item #3F: Last year the City granted Gretchen Sebald a conditional use permit to
. keep her existing home in place while her new was being constructed at 20625 Garden
Road. She has requested an extension to the six-month deadline, due to weather and
construction delays. It is recommended that the deadline be extended to the end of
August. It is worth noting that the Planning Commission will consider an amendment to
the Zoning Code, providing for a longer time period for these requests.
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Executive Summary - City Council Meeting of 13 June 2005
Page 2 of2
Agenda Item #3G: Final plans and a final plat have been submitted for the Arbor Creek
project (fka Sleepy Hollow Woods) on Grant Lorenz Road. The City's engineering
consultants have reviewed the plans and found them to be consistent with Shorewood's
development requirements. A draft resolution and development agreement are included
in the packet for your consideration.
Agenda Item #5A: Steve McDonald, CPA, of Abdo, Eick & Meyers, LLP, will make a
presentation about the annual audit of the City's financial activities for the period ending
December 31, 2004. This is the first year of implementation of a new financial
reporting model known as GASB 34. The Council is requested to accept and approve the
2004 Certified Annual Financial Report (CAFR).
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Agenda Item #5B: The City's 2005 budget includes $2,200 to be used for activities during the
South Lake - Excelsior Chamber of Commerce's Lake Minnetonka Fourth of July
Celebration. Linda Murrell, Executive Director of the Chamber, will be requesting that .
the Council authorize this funding.
Agenda Item #7 A: A report will be provided regarding the May 24, 2005, Park Commission
Park Tours.
Agenda Item #8A: Michael and Jody Laughlin request a conditional use permit that will
allow them to live in their existing home while a new house is being built on their
property at 5665 Howard's Point Road. Based on concerns by a neighbor, the Planning
Commission recommended approval of the CUP, subject to the applicant providing a
landscape plan for the area between the new home and the adjacent lot to the west.
Agenda Item #8B: Dave and Ellen Raisbeck have purchased the old "Svithsoid Home"
property (aka McCosh's bookstore) and have arranged to purchase a strip ofland
between it and their homestead parcel at 26640 Edgewood Road. They intend to
combine the three parcels into one lot that will conform to the current R-1A1S zoning of
the property. Subsequent to the division and combination being recorded the applicants
will apply to have existing drainage and utility easements on the strip of land vacated, in
exchange for which they will convey new easements around the newly created parcel.
The Raisbecks have also applied for a conditional use permit for a new detached garage
on the property. Their plans are consistent with the criteria for granting such requests.
The Planning Commission has unanimously recommended approval of both minor
subdivision/combination and the CUP.
Agenda Item #8C: Howard's Point Marina has requested approval of a lot line rearrangement
between their marina property and the residential property to the north that they also own.
The intent is to bring their existing dock configuration into compliance with the LMCD
setback requirement. The rearrangement makes good sense from a planning perspective
and the Planning Commission agreed unanimously with staff s recommendation to
approve the minor division/combination.
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Executive Summary - City Council Meeting of 13 June 2005
Page 3 of2
Agenda Item #8D: Bridgeland Development Company has arranged to purchase four large
lots on Suburban Drive, demolish the existing homes on the lots, and replat the property
into 9 new single-family residential sites, served by a short cul-de-sac street. At a public
hearing for this redevelopment, neighbors expressed concerns over drainage issues and
the change in neighborhood character. The Planning Commission found the project to be
consistent with the Shorewood Comprehensive Plan and current zoning for the property.
Approval was recommended, subject to the recommendations of planning and
engineering staff. Staff has also suggested that the Council conduct a work session after
the regular meeting to discuss the possibility of expediting a City water project that
would make water available to the Parkview subdivision. That work session will take
place after the regular meeting on Monday night.
Agenda Item #9A: Quentin Irey has indicated that he needs more time to comply with a
"Notice to Remove" for his property at 26040 Wild Rose Lane. His letter arrived after
the 10-day appeal provision and does not specify a time for compliance. Staff
recommends an extension to 23 June for complete compliance, including landscape
materials, after which the matter should be turned over to the City Attorney's office.
Agenda Item #9B: Gale Olson, Jr., having received a "Notice to Remove" for his property at
25775 Birch Bluff Road. No specific time limit has been requested and staff
recommends the standard 30-day extension, after which the matter would be referred to
the City Attorney's office.
Agenda Item #9C: The SLMPD Issues Group finished its work on May 26. The result of the
three-month-Iong process is a set of interdependent recommendations in one package.
The Group agreed that the four city councils needed to vote on the entire package of
changes by the end of June. The city administrator's memorandum summarizes the
proposal, discusses the financial impact on Shorewood, and reviews some alternatives
about what may occur. Councilmembers may want to review the information, ask
questions of its two members on the Group or of staff, or make comments on the
proposal. Council should consider continuing this item to its June 27 meeting.
Agenda Item #9D: There was significant and widespread damage to trees throughout the City
from the storm on Wednesday morning, June 8. Residents have been making inquiries
whether the City would be collecting their tree debris or designating a drop-off site, as
has happened in other major storms. Given the magnitude of the expense that may be
incurred, the Council is the appropriate one to make this decision. Staff believes that a
City-provided service is warranted for this storm.
Agenda Item #l OA: The County Road 19 Xcel Energy Undergrounding will be discussed at
tonight's meeting.
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CITY OF SHOREWOOD
CITY COUNCIL REGULAR MEETNG
MONDAY, MAY 23, 2005
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
7:00 P.M.
MINUTES
1.
CONVENE CITY COUNCIL MEETING
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Mayor Love called the meeting to order at 7:00 P.M.
A.
Roll Call
Present:
Mayor Love; Councilmembers Callies, Lizee, Wellens, and Turgeon (arrived 7:02
P.M.); Administrator Dawson; Attorney Keane; Finance Director Burton; Planning
Director Nielsen, and Engineer Brown.
Absent:
None
B. Review Agenda
Callies moved, Wellens seconded, Approving the Agenda as presented. Motion passed 5/0.
2. APPROVAL OF MINUTES
A.
City Council Regular Meeting Minutes, May 9, 2005
Wellens moved, Turgeon seconded, Approving the City Council Regular Meeting Minutes of May
9, 2005, as presented. Motion passed 5/0.
B. City Council Work Session Minutes, May 9, 2005
Turgeon moved, Wellens seconded, Approving the City Council Work Session Minutes of May 9,
2005, as amended in Item #7, paragraph 2, line 3, insert "enough time 'to'" and remove paragraph
3. Motion passed 5/0.
3. CONSENT AGENDA
Item 3G was removed from the Consent Agenda and moved to Item lOA on the Agenda.
Callies moved, Wellens seconded, Approving the Motions Contained on the Consent Agenda and
Adopting the Resolutions Therein:
A. Approval of the Verified Claims List.
B. Staffing - No action required
C.
Approving RESOLUTION NO. 05-046, "A Petition for Consent to Assign
Encroachment Agreement From KMC Telecom ill, LLC, to Century Tel
Acquisitions, LLC."
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CITY OF SHORBWOOD REGULAR MEETING MINUTES
May 23, 2005
Page 2 of6
D.
Approving RESOLUTION NO. 05-047. "A Resolution Approving Hennepin
County Joint Cooperation Agreement for Fiscal Year 2006-2008."
E. Wine Club Authorization
F. Approving RESOLUTION NO. 05-048. "A Resolution Approving Acceptance of
Bids and Awarding a Contract for Bituminous Seal Coating of Roadways."
G. Setting the date for Public Information Meeting for Roadway Improvement
Projects
Item 3G was removed from the Consent Agenda and moved to Item lOA on the Agenda.
Motion passed 5/0.
4.
MATTERS FROM THE FLOOR
There were no matters from the floor presented.
5. REPORTS AND PRESENTATIONS
A. Contribution by Shorewood Parks Foundation.
Ken Dallman, 5780 Eureka Road, and President of the Shorewood Parks Foundation, presented the City
with a check in the amount of $6,000 made possible from donations, fund raising programs and proceeds
from the third annual "Arts for the Parks" show. Mr. Dallman noted the Parks Foundation would dedicate
Freeman Plaza on June 10,2005, at 6:00 P.M. preceding the Music in the Park event. Mr. Dallman also
reported that the Foundation has contributed $500 towards Music in the Park this year. The Art for the
Parks show is scheduled for Saturday, November 5, 2005. The Foundation is currently working on plans
for the fall art show, which serves as the major fundraiser. The Foundation is also pi arming a breakfast for
September 27, 2005, as a fundraising event.
Mayor Love thanked Mr. Dallman and the Parks Foundation, noting he appreciated all the hard work that
had gone into planning, fundraising and participation in the Art for the Parks event.
Councilmember Callies echoed the gratitude and noted that the Foundation projects have shown good
cooperation with the Park Commission.
6. PUBLIC HEARING
None.
7. PARKS
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A. Report on Park Commission Meeting held May 10, 2005.
Chair Davis reported that the Park. Commission is revisiting the master plan and considering alternatives .
to fund improvements, repairs and upgrades to some of the parks. Chair Davis noted the Commission
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CITY OF SHOREWOOD REGULAR MEETING MINUTES
May 23, 2005
Page 3 of6
Members are visiting and reviewing each park and focusing on water quality and the natural resource
assets. The Park Commission is discussing a public education program with regard to buckthorn removal.
Councilmember Turgeon asked about the vandalism to the parks.
Engineer Brown reported the parks have had approximately $11,000 of vandalism over a five-year period.
Councilmember Callies inquired about the tree inventory the Park Commission is considering.
Chair Davis noted that the Park Commission is considering identifying large stands of trees and what may
be done to maintain or improve the overall tree quality. Chair Davis also noted that there is a software
program on the market that the can be used to identify and assign a rating to trees.
Engineer Brown stated that the Park Commission would need to consider the amount of data to collect as
part of a tree inventory and rating system, and evaluate how the data would be used. Brown noted that
tree data might be best used towards preservation efforts.
8. PLANNING - Report by Representative
Commissioner White reported that there was not a Planning Commission Meeting to report on, but could
answer any questions regarding the Conditional Use Permits on the Agenda.
A.
C.U.P. for Accessory Space Over 1200 Sq. Ft.
Applicant: Paul and Sheryl Gilbertson
Locations: 26055 Smithtown Lane
Director Nielsen explained the applicants are seeking a Conditional Use Permit to construct a detached
screen porch in the back yard. The floor area of the screen porch, when combined with the existing
detached garage, and utility shed, brought the total area of accessory space over 1200 square feet. The
property is over one acre in size. The City Ordinance delineates four criteria for C.U.P. approval. The
request does meet all four criteria, specifically; 1) the floor area of the proposed accessory building does
not exceed the existing floor area, above grade, of the principal structure; 2) the total area of the accessory
buildings does not exceed 10 percent of the minimum lot size for the R-IC zoning district; 3) the
proposed structure applies with the R-IC setback requirements and well away from the adjoining
properties; 4) the proposed structure will have the same siding and roofing as the principal structure.
Director Nielsen noted that based on compliance of the zoning criteria, the Planning Commission has
recommended approval of the request.
Callies moved, Lizee seconded Adopting RESOLUTION NO. 05-049, "A Resolution Granting a
Conditional Use Permit for Additional Accessory Space to Paul and Sheryl Gilbertson." Motion
passed 5/0.
CITY OF SHOREWOOD REGULAR MEETING MINUTES
May 23, 2005
Page 4 of6
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B.
C.U.P. for Accessory Space Over 1200 Sq. Ft.
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Applicant: Clark Kent Homes
Locations: 5835 Eureka Road
Director Nielsen explained the applicant recently completed a new home on the site and is seeking a
Conditional Use Permit to construct a detached garage at the rear of the property, which puts the property
in excess of 1200 square feet of accessory space. The property is located in the R-lA zoning district and
contains 1.5 acres of land. . Nielsen noted that the request does meet all four criteria, specifically; 1) the
floor area of the proposed accessory building and attached garage, does not exceed the existing floor area,
above grade, of the principal structure; 2) the total area of the accessory buildings does not exceed 10
percent of the minimum lot size for the R-IA zoning district; 3) the proposed garage applies with the R-
IA setback requirements; 4) the proposed structure will have the same siding and roofing as the principal
structure. Nielsen also stated that there would be no driveway to the proposed accessory structure.
Councilmember Lizee noted that the area of Eureka Road is a wet area and asked about the effort to add a
drain tile. .
Director Nielsen stated that there is a drainage ditch along the northerly property and there is a
cooperative effort between neighbors to add a drain tile to aid with the drainage. Nielsen also stated the
proposed garage location is relatively dry and the structure will be on a slab on grade.
Lizee moved, Wellens seconded Adopting RESOLUTION NO. 05-050, "A Resolution Granting a
Conditional Use Permit for Additional Accessory Space to Clark Kent Homes." Motion passed 5/0. .
9. GENERALINEW BUSINESS
A. Sale of Bonds
Paul Donna, Shorewood's bond consultant with Northland Securities, reported on the results of the 2005
General Obligation Water Revenue Bond Sale. Mr. Donna stated that the Council has a resolution before
them to award the sale of bonds for $1,525,000 in General Obligation Water Revenue Bonds Series .
2005A. Mr. Donna noted that the proceeds from the bond issue would finance various public
improvements to the City's water system. The debt service on the bonds will be repaid over a 20-year
term from revenues of the water utility. The General Obligation is used only in the event that water
revenues are insufficient for a period of time. Mr. Donna distributed a copy of the three bid results that
were opened today and ranked according to true interest costs. RBC Dain Rauscher, Inc., offered the
lowest interest rate at 4.0811 %. Mr. Donna noted that Shorewood has an Aa3 bond credit rating, which is
a good rating for a city the size of Shorewood.
Mayor Love thanked the City Staff and Mr. Donna for their work on the bond sale process.
Councilmember Callies asked if Mr. Donna could give an explanation of the process.
Mr. Donna stated that prospective underwriters in the Midwest were sent a prospectus in the City which
outlined the financing and detailed information on the demographics and economics of the City. The Aa3
bond rating was confirmed and define the City's credit worthiness. The underwriters determine if .
investors are interested in buying the bond issue. Based on the interest and demand, the underwriters
decide whether to submit a bid to the City.
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CITY OF SHOREWOOD REGULAR MEETING MINUTES
May 23, 2005
Page 5 of6
Wellens moved, Callies seconded, Adopting RESOLUTION NO. 05-051, "Awarding the Sale of the
$1,525,000 General Obligation Water Revenue Bonds, Series 2005A; Fixing their Form and
Specifications; Directing their Execution and Delivery; and Providing for their Payment." Motion
passed 5/0.
10. ENGINEERINGIPUBLIC WORKS
This item was moved from 3G on the Consent Agenda, for further discussion and consideration.
A. Setting the date for Public Information Meeting for Roadway Improvement
Projects
Engineer Brown reported that this item is to set the date for the public information meeting for the
Wedgewood Drive, Mallard Lane and Teal Circle Roadway Improvement Project. This project has been
on the table for a number of months and an issue remained regarding whether to install a watermain and
whether the project involves roadway pavement reclamation or reconstruction with curb and gutter and
storm sewer. To date, there has not been a consensus on this issue. Staff is recommending that a public
information meeting be conducted on June 9, 2005, at 6:00 P.M. to 7:30 P.M. for this project.
Councilmember Turgeon suggested calling the meeting at a specific time and presenting a specific plan
versus an hour and half open forum style.
Engineer Brown agreed that presenting a proposed plan would garner more input and feedback.
Turgeon moved, Lizee seconded, to Direct Staff to Call the Public Information Meeting for a
Roadway Improvements Project for Wedgewood Drive, Mallard Lane and Teal Circle on June 9,
2005, at 7:00 p.m. and Proceed with a Plan. Motion passed 5/0.
11. STAFF AND COUNCIL REPORTS
A.
Administrator & Staff
1. County Road 19 Intersection
Engineer Brown reported that Smithtown Road did not need to be closed as was planned. The contractor
was able to bore under the roadway. Brown reiterated that there will be road closings in the future.
B. Mayor & City Council
1. SLMPD Issues Group
Mayor Love reported that the SLMPD Issues Group would be meeting for the last time on Thursday
evening, May 26,2005, at 4:00 P.M. at the Southshore Center.
Councilmember Turgeon stated that she is hopeful that a resolution will be met and the proposal will be
brought back to Council for review.
CITY OF SHOREWOOD REGULAR MEETING MINUTES
May 23, 2005
Page 6 of6
2.
Other Reports
Mayor Love reported that there is an Excelsior Fire District Board Committee meeting on Wednesday, May
25,2005, at 7:00 P.M.
Councilmember Callies reported that the Lake Minnetonka Cable Commission (LMCC) held its annual
meeting to elect its officers.
12. ADJO~
Turgeon moved, Wellens seconded, Adjourning the Regular City Council Meeting of May 23, 2005,
at 7:57 P.M. Motion passed 5/0.
RESPECTFULLY SUBMITTED,
Shelley Souers,
Recording Secretary
Woody Love, Mayor
ATTEST:
Craig Dawson, City Administrator/Clerk
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CITY OF SHOREWOOD
CITY COUNCIL WORK SESSION
MONDAY, MAY 23, 2005
5755 COUNTRY CLUB ROAD
COUNCIL CHAMBERS
Immediately Following the Regular
City Council Meeting
MINUTES
1.
CONVENE WORK SESSION MEETING
DR FT
Mayor Love called the meeting to order at 8:l2 P.M.
A.
Roll Call
Present:
Mayor Love; Councilmembers Lizee, Turgeon, Wellens and Callies; Administrator
Dawson, Engineer Brown and Planning Director Nielsen.
Absent:
None
B.
Review Agenda
Without objection from Council, Mayor Love proceeded with the Agenda.
2. DISCUSSION ON PUBLIC IMPROVEMENT PROJECT
A.
WedgewoodlMallardITeal
Engineer Brown passed around photos of Strawberry Lane and Marsh Pointe Road, one road with curb
and gutter and one without, to demonstrate the road wear on the roadway without curb and gutter.
Engineer Brown noted that curb and gutter is desirable for edge control; however, residents do not want
water from roadways to flow into their yards.
Engineer Brown noted that a roadway has a longer life cycle with edge control and curb and gutter.
Brown noted that there is a significant cost over the long term for roadway repairs. Once curb and gutter
is installed, storm sewer is also necessary, but over the long term, the road will maintain a better surface
rating and drainage.
Mayor Love noted the use of grit chambers to reclaim the sand put down on roadways, would also be a
positive environmental plan.
Engineer Brown stated that the intent is to bring some definition regarding where the City is headed with
road projects. Brown stated that he would like to see Council support a specific plan as part of a proposal
for roadway improvements. Brown noted that he is proposing a reclamation project for Wedgewood,
Mallard and Teal roadways.
B. Amlee Road and Manitou Lane
Engineer Brown reported that a number of residents have requested to have the wetlands in the Amlee
Road and Manitou Lane neighborhood dredged. The City may not be able to address the issue as part of a
roadway project because the Watershed District has strict rules regarding w9rkin wetlands.
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CITY COUNCIL WORK SESSION MINUTES
MAY 23, 2005
Page 2 of2
Brown rep.orted that he and WSB Engineers are compiling data on assessment policies on storm water and .
roadway improvements. Brown will report back to Council with their findings.
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C. Badger Well
Engineer Brown noted issues related to parking during construction of the well improvement project.
3. SLMPD ISSUES GROUP
Administrator Dawson reported on the funding factors that had been proposed and each city's share of the
factors from year to year. There are a number of issues still on the table for consideration, and the
SLMPD Issues Group meetings to date have been a process to try and get everyone on the same page to
understand what the police operations are and what is involved. Currently each City pays a percentage of
the operating costs based on total tax capacity; Shorewood 46%, Excelsior 29.5%, Tonka Bay 16% and
Greenwood 8.5%.
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Mayor Love reported that there are many factors to consider in determining what percentage each city
share should be. Love stated that he would like to see a cap on any increase.
Administrator Dawson stated that there are several options for cities to consider: 1) adjust the current
agreement, 2) Continue with the current JP A; 3) dissolution.
Mayor Love encouraged Council to attend the final SLMPD Issues Group Meeting Thursday, May 26, .
2005, at 4:00 P.M.
4. OTHER
None.
5.
ADJOURN
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Wellens moved, Callies seconded, Adjourning the City Council Work Session Meeting of May 23,
2005, at 9:30 P.M.
RESPECTFULLY SUBMITTED,
Shelley Souers, Recording Secretary
WOODY LOVE, MAYOR
ATTEST:
CRAIG DAWSON, CITY ADMINISTRATOR/CLERK
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PAYABLESAPPROVALS
For 6/13/05 Council Meeting
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Prepared by:
Catherine Elke, Sr. Accountant
Reviewed by: ~ ~/~ate: &-9--05
Bonnie Burton, Fina e Di~ctor
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Date: &,.,. 9-05
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Date: (Jj03.@o
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PAYROLL APPROVALS
For 6/13/05 Council Meeting
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Prepared by:
Catherine Elke, Sr. Accountant
Reviewed by: ~~ f3lv1-r.~~f!?are: 0-9-oS-
Bonnie Burton, Fi Director
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Date: ~ 9-05
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Date: rtl6. (}j.1),.5'
son, City Administrator
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CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236
FAX (952) 474-0128' www.cLshorewood.mn.us' cityhall@cLshorewood.mn.us
MEMORANDUM
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TO:
Mayor and City Council
FROM:
Brad Nielsen
DATE:
9 June 2005
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RE:
No Parking Restrictions - Birch Bluff Road
FILE NO.
Streets (Birch Bluff Road)
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Earlier this year, upon staffs recommendation, the Council approved a no parking
restriction on Birch Bluff Road due to anticipated construction projects this season.
About the time we were ready to install the signs, a resident who was unable to attend
the meeting at which the matter was discussed brought to our attention that the
mailboxes were on the side that we were allowing contractors to park. Consequently,
we have prepared a new resolution switching the restriction to the other side of the
street. This will allow mail services to continue without interruption.
This item should have been on an earlier agenda. Meanwhile, the Building Official
and City Engineer have asked for cooperation from contractors to limit parking to one
side of the street on a voluntary basis.
A resolution has been prepared for your consideration (attached). If you have any
questions relative to this matter, please do not hesitate to contact me prior to the
meeting on Monday night.
Cc:
Craig Dawson
Tim Keane
Larry Brown
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#- 3. C.
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CITY OF SHOREWOOD
RESOLUTION NO.
A RESOLUTION PROHIBITING PARKING ALONG
PORTIONS OF GRANT LORENZ ROAD AND BIRCH BLUFF ROAD
WHEREAS, planned construction activities for the homes located on 26170, 26140, and
26120 Birch Bluff Road is anticipated to cause congestion on Birch Bluff Road, due to
construction vehicles; and
WHEREAS, Birch Bluff Road is not of sufficient width to permit parking on both the
north and south side of the roadway for safe passage of emergency vehicles, school buses and the
general public.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood that parking of vehicles is hereby prohibited on those portions of roadway described
below:
1. On the North side of Birch Bluff Road, starting at the westerly boundary of Grant
Lorenz Road and continuing to an end point located 800 feet east of said westerly
boundary; and
2. On the East side of Grant Lorenz Road, starting at the southerly boundary of Birch
Bluff Road and continuing to an end point located 256 feet south of said southerly
boundary.
BE IT FURTHER RESOLVED that this resolution be in effect for a one-year period
from 14 June, 2005 to 13 June, 2006.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 13th
day of June, 2005.
Woody Love, Mayor
ATTEST:
Craig W. Dawson, City Administrator/Clerk
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MEMORANDUM
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TO:
FROM:
DATE:
RE:
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FILE NO.
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236
FAX (952) 474-0128. www.cLshorewood.mn.us. cityhall@cLshorewood.mn.us
Mayor and City Council
Brad Nielsen
9 June 2005
Sign Permit - Buckaroo's Bargains (Shorewood Village Shopping Center)
405 (Sign Permits)
Taurus Sign Co" on behalf of Buckaroo's Bargains, has requested a sign permit for their
location within the Shorewood Village Shopping Center located at 23630 Highway 7.
The sign consists of individual, internally lit letters as shown on Exhibit A, attached.
Consistent with the approved overall signage plan for the center, the sign will be located
within the designated signage band on the front of the building as illustrated. The plan is
consistent with previous approvals and it is recommended that the permit be granted. It
should be noted that the sign has already been put up, and based on City policy, the
permit fee will be doubled.
.
If you have any questions relative to this matter, please do not hesitate to contact my
office.
cc: Craig Dawson
Taurus Sign Co.
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#.
t.J PRINTED ON RECYCLED PAPER
11 3. D.
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Exhibit A
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MEMORANDUM
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TO:
FROM:
DATE:
RE:
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FILE NO.
CITY OF
SHOREWOOD!
5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236
FAX (952) 474-0128 · www.cLshorewood.mn.us . cityhall@cLshorewood.mn.us
Mayor and City Council
Brad Nielsen
9 June 2005
Sign Permit - Dry Cleaning Station (Shorewood Village Shopping Center)
405 (Sign Permits)
Sign Source, on behalf of Dry Cleaning Station, has requested a sign permit for their
location within the Shorewood Village Shopping Center located at 23490 Highway 7.
Consistent with the most recently approved overall signage plan for the center, the sign
will be located within !the signage band on the front of the building as illustrated in
Exhibit A, attached. The plan is consistent with previous approvals and it is
recommended that the permit be granted.
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If you have any questions relative to this matter, please do not hesitate to contact my
office.
cc: Craig Dawson.
Sign Source
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'-.1 PRINTED ON RECYCLED PAPER
#3.E.
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DRY CLEANING
STATION
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13" channel letters with #2030 green faces. Green LED
Dk Bronze returns and gold trimcap.
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236
FAX (952) 474-0128. www.cLshorewood.mn.us. cityhall@cLshorewood.mn.us
MEMORANDUM
.
TO:
Mayor and City Council
FROM:
Brad Nielsen
DATE:
9 June 2005
.
RE:
Sebald, Gretchen - Request of Extension to Remove House
FILE NO.
405(04.20)
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Last year the City granted a conditional use permit to Gretchen Sebald and her
husband to keep their existing home at 20625 Garden Road, while their new house
was being constructed. They have requested an extension of the deadline to the end
of August (see request letter, attached).
The Zoning Code provision that allows this type of conditional use permit provides
that the older home be removed within six months. This has been found to be
unrealistic, given the size and complexity of many of to day's homes. The Planning
Commission is considering an ordinance amendment to address this issue. In the
mean time, staff recommends approval of the extension.
Cc: Craig Dawson
Tim Keane
Joe pazandak
Gretchen Sebald
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ft
"'~ PRINTED ON RECYCLED PAPER
#3.f
FllE COpy
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Page 1 of 1
Brad Nielsen
From: Gretchen [gsebald@msn.com]
Sent: Monday, April 11 , 2005 5:39 PM
To: bnielsen@Cl.shorewood.mn.us
Subject: Sebald building project
Dear Brad,
We are in the middle of our building project at 20625 Garden Road and have to make a request for an extension
on our variance that was approved by the city council. It was originally set to expire on May 31,2005, requiring
our existing house to be torn down on that date. Due to some set backs that were weather related, we don't
anticipate the house being finished until poss. Aug. In a conversation I had with you, you stated that I just needed
to let you know about any impending delays and that the time could be extended. What information do you need
in order to authorize an extension on time?
Please let me know what else we need to do to get this done.
Sincerely,
Gretchen Sebald
4/1212005
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CITY OF SHOREWOOD
RESOLUTION NO.
A RESOLUTION APPROVING THE FINAL PLAT OF
ARBOR CREEK
WHEREAS, the final plat of Arbor Creek has been submitted in the manner required for
the platting ofland under the Shorewood City Code and under Chapter 462 of Minnesota
Statutes, and all proceedings have been duly had thereunder; and
WHEREAS, said plat is consistent with the Shorewood Comprehensive Plan and the
regulations and requirements of the laws ofthe State of Minnesota and the City Code of the City
of Shorewood.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
1.
The plat of Arbor Creek is hereby approved.
2. The approval is specifically conditioned upon the Developer recording the
Development Agreement attached hereto and made a part hereof as Attachment I.
3.
The Mayor and City Administrator/Clerk are authorized to execute the Certificate
of Approval for the plat on behalf ofthe City Council.
4. The final plat, together with this resolution, and the Development Agreement
shown as Attachment I shall be 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 Administrator/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 2005.
Woody Love, Mayor
ATTEST:
Craig W. Dawson, City Administrator
# 3. G:
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CITY OF SHOREWOOD
DEVELOPMENT AGREEMENT
ARBOR CREEK
THIS AGREEMENT, made this day of ,2003, by and
between the CITY OF SHOREWOOD, a Minnesota municipal corporation, hereinafter
referred to as the "City", and Brenshell Homes, Inc., a Minnesota Corporation, hereinafter
referred to as the "Developer".
WHEREAS, 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
WHEREAS, Developer proposes to develop the Subject Property into five (5) single-
family residential lots and two outlots; and
WHEREAS, the Developer has made application for a preliminary plat for the
property with the Zoning Administrator, which preliminary plat was considered by the
Planning Commission at their meeting held on 1 March 2005, and at a meeting of the City
Council on 28 March 2005; and
WHEREAS upon recommendation of the Planning Commission, the City Council did
consider and grant preliminary plat approval; and
WHEREAS, the Developer has filed with the City the Final Plat for "Arbor Creek", a
copy of which plat is attached hereto and made a part hereof as Exhibit B;
NOW, THEREFORE, in consideration of the mutual covenants and guarantees
contained herein, the parties hereto agree as follows:
1) Conditions of Apnroval- The Developer shall comply with the conditions of
approval as set forth in Shorewood Resolution No. 05-028, attached hereto as Exhibit C. In
addition, development of the property is subject to the requirements of the R-IA, Single-
Family Residential zoning district.
(01) Minimum setbacks (for all structures) shall be as follows:
(a) Front:
(b) Rear:
(c) Side:
(d) Side yard abutting a street:
( e) Wetland buffer/Setback:
50 feet
50 feet
10 feet
50 feet
35/15 feet
(02) Maximum building height, as defined by the Shorewood Zoning Code, shall be
two and one-half stories or 35 feet, whichever is less.
1
ATTACHMENT I
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(03) The Developer shall comply with the requirements of Shorewood's wetland
code (Chapter 1102) and the Wetlands Conservation Act of 1991 [Minn. Stat. 103
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
wetlands.
(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
monumentation 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.
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:
(01) All site grading including building pad correction where needed;
(02) Street grading, stabilizing and bituminous surfacing;
(03) Surmountable concrete curb and gutter;
(04) Sanitary sewer;
(05) Storm sewer and surface water drainage facilities;
(06) Street name signs and traffic control signs;
(07) Required landscaping and reforestation;
(08) Trail grading stabilizing and bituminous surfacing;
consistent with the plans and specification prepared by Quality Site Design, LLC, dated -2.
Mav 2005 , and received and approved by the City Engineer.
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It is understood that underground utility lines, including gas, electric, telephone, and television
cable shall be installed by the respective private utility companies pursuant to separate
agreements with the Developer.
3.) Final Plat. Grading. Drainage and Utility Plan. Building Plan - The Developer
has filed with the City Clerk the final plat titled Arbor Creek for the development of the
Subject Property. Said plat is attached hereto and made a part hereof as Exhibit B. Said 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.
4.) 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.
5.) Standards of Construction - Developer agrees that all of the improvements set
forth in paragraph 2 above 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.
6.) Materials and Labor - All ofthe materials to be employed in the making of said
improvements and all of the work performed in connection therewith shall be of uniformly
good and workmanlike quality, shall equal or exceed the quantities and qualities required by
the approved plans and specifications, and shall be subject to inspection and approval of the
City, which approval shall not be unreasonably withheld if the materials and work are
consistent with the plans and specifications and the standards set forth herein. 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 reasonable satisfaction and approval of the City at the cost and
expense of Developer.
7.) 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 2,
except the final lift of asphalt, shall be performed to be completed by 1 November 2005. The
final lift of asphalt shall be completed by 1 July 2006. Upon receipt of written notice from the
Developer of the existence of causes over which the Developer has no control, that will delay
the completion of the work, the City, at its discretion, may extend the dates specified for
completion.
8.) 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 a mylar original and four (4) black line prints, showing the
installation of the Improvements within the plat. Failure to file said "as-built" plans within
said sixty (60) day period shall suspend the issuance of building permits and certificates of
3
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occupancy for any further construction within the plat until the documents called for herein
are filed.
9.) Easements - Developer, at its expense, shall acquire all easements from
abutting property owners necessary to the installation of the sanitary sewer, water main, storm
sewer, and surface water drainage facilities within the plat, if and to the extent required by the
Minnehaha Creek Watershed District, and thereafter promptly assign said easements to the
City.
10.) Pre-existing Drain Tile - All pre-existing drain tile disturbed by Developer
during construction shall be restored by Developer. '
11.) Staking:. Surveying and Ins1;)ection - It is agreed that the Developer, through its
engineer, shall provide for all staking and surveying for the above-described 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.
12.) 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 reasonably necessary, to prevent the washing,
flooding, sedimentation and erosion oflands 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 3?d debris resulting from construction therein by the Developer, its agents or
assignees.
13.) 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.
14.) 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.
15.) Occupancy Permits - The City shall not issue a certificate of occupancy until all
hnprovements set forth in paragraph 2, except the final lift of asphalt, are completed and
approved by the City Engineer.
16.) Final Inspection - At the written request of the Developer, and upon
completion of the hnprovements 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.
4
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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.
23.) Insurance - The Developer shall take out and maintain public liability and
property damage insurance covering personal injury, including death, and claims for property
damage which may arise out of the Developer's work or the work of their subcontractors, or by
one directly or indirectly employed by any of them. This insurance policy shall be a single
limit public liability insurance policy in the amount of $2,000,000.00 and shall remain in
effect until the improvements set forth in paragraph 2 have been accepted by the City. 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
Developer, his contractors and subcontractors from claims arising under the workers'
compensation laws of the State of Minnesota. The insurance coverage required hereby may be
supplied by the Developer's contractors and subcontractors, thereby satisfying the
requirements of this section.
24.) 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 District, and the Metropolitan Council
Environmental Services before commencing development of the plat.
25.) Local Sanitary Sewer Access Charges (LSSAC) - Developer shall, prior
to release of the final plat by the City, make a cash payment to the City in the sum of $6000
($1200 for each lot) as local sanitary sewer access charges.
26.) Park Fund Payment - Developer shall, prior to release of the final plat by the
City, make a cash payment to the City in the sum of $10,000 ($2000 for each lot) for the Park
Fund.
27.) Tree Preservation Measures - The City has adopted a Tree Preservation Policy
(''Policy'') which has been incorporated into the City Code. In addition to the Policy, the
Developer has prepared and the City has reviewed a detailed tree preservation plan prepared
by , dated ,2005 ("Plan").
The Developer agrees that the tree preservation measures provided for in the Policy and in the
Plan are the responsibility of the Developer, and that the Developer shall also be responsible
for any acts of its subcontractors or agents which are in violation of either the Policy or the
Plan.
6
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As partial security for its obligation under this paragraph 27, the Developer agrees that prior to
the issuance of each building permit, it will provide for two thousand dollars ($2000) in cash
or letter of credit per lot to be deposited with the City as security for such obligation.
28.) 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 Larkin, Hoffman, Daly & Lindgren LTD
1500 Wells Fargo Plaza
7900 Xerxes Avenue South
Bloomington, MN 55431
To the Developer:
Thomas A. Stokes, President
Brenshell Homes, Inc.
4052 Oakland Street
St. Bonifacius, MN 55375
29.) Proof of Title - Developer shall furnish a title opinion or title insurance
commitment addressed to the City guaranteeing 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 dedicated streets and utility easements provided
to City shall be free and clear of all liens and encumbrances.
30.) 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
7
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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.
31.) 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.
32.) 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 py the Developer of written notice
thereof, the City may cause any of the improvements described in paragraph 2 above to
be constructed and installed or may take action to cure such other default and may
cause the entire cost thereof, including all reasonable engineering, 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 such assessment within thirty (30) days after its adoption. Developer
further agrees that in the event of its failure to pay in full any such special assessment
within the time prescribed herein, the City shall have a specific lien on all of
Developer's real property within the Subject Property for any amount so unpaid, and
the City shall have the right to foreclose said lien in the manner prescribed for the
foreclosure of mechanic's liens under the laws of the State of Minnesota. In the event
of an emergency, as determined by the City Engineer, the 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
reasonably incurred by the City in remedying the conditions creating the emergency.
(02) Performance Guaranty. In addition to the foregoing, after notice and failure to
cure, 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 paragraph 2 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) Additional Remedies. Notwithstanding any other remedy available to the City
under this Agreement, the City may elect to proceed under this paragraph to remedy a
violation of Developer's obligations under paragraph 27 hereof.
8
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36.) Construction - This Agreement shall be construed in accordance with the laws
of the State of Minnesota.
37.) 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.
DEVELOPER
CITY OF SHOREWOOD
By:
Its: President
By:
Its: Mayor
ATTEST:
City Administrator/Clerk
10
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STATE OF MINNESOTA
ss.
COUNTY OF HENNEPIN
On this day of ,2005, before me, a Notary Public within
and for said County, personally appeared Woody Love and Craig W. Dawson to me personally
known, who, being each by me duly sworn, did say that they are respectively the Mayor and
City Administrator/Clerk 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/Clerk 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
,2005, by Thomas A. Stokes, President, Inc., a Minnesota corporation.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
ShorewoodPlanning Department
REVIEWED BY:
Leonard Street and Dienard
150 South Fifth Street, Suite 2300
Minneapolis, MN 55402
(TJK)
11
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Exhibit B
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CITY OF SHOREWOOD
RESOLUTION NO. 05-028
A RESOLUTION GRANTING PRELIMINARY PLAT APPROVAL FOR
ARBOR CREEK
WHEREAS, Paumen Properties (Applicant) has an interest in certain lands within the
City of Shorewood and has applied to the Council for preliminary plat approval of a plat to be
known as Arbor Creek; 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
24 February 2005, which memorandum is on file at City Hall; and
WHEREAS, the Applicant's request has been reviewed by the City's Engineering
Consultant and his recommendations have been duly set forth in a memorandum to the City
Planner, dated 18 february 2005, which memorandum is on file at City Hall; and
WHEREAS, a Public Hearing was held by the Shorewood Planning Commission on 1
March, 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. That the Applicant's request for preliminary plat approval of Arbor Creek is
hereby approved.
2. That such approval is subject to the recommendations set forth in the City
Planner's memorandum, dated 24 February 2005, the recommendations set forth in the City
Engineering Consultant's memorandum, dated 18 February 2005, and the terms and conditions
contained in the minutes of the Planning Commission meeting of 1 March 2005 on file at City
Hall.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 28th day of
March, 2005.
IJf,t2
ATTEST:
Woody Love, Mayor
y~
Craig W. Dawson, City Administrator/Clerk
Exhibit C
.
.
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236
FAX (952) 474-0128. www.ci.shorewood.mn.us . cityhall@cLshorewood.mn.us
MEMORANDUM
DATE:
June 8, 2005
cc:
Honorable Mayor and Members of the City Council ...
Bonnie Burton, Finance Director/Treasurer~~
Craig Dawson, City Administrator db
Presentation of the 2004 Comprehensive Annual Financial Report (CAFR)
TO:
.
FROM:
SUBJECT:
.
The City of Shorewood Comprehensive Annual Financial Report (CAFR) for the year 2004 is
enclosed for your review. The CAFR document reports the year' s financial activity and the financial
status of the City at year-end. It also contains the audited financial statements and includes the
auditor's report relative to the statements. Steve McDonald, CPA, from the City's auditing firm of
Abdo, Eick & Meyers, will be present at the June 13 City Council meeting to review the report.
.
GASB 34 Implementation
This is the first year of implementation of a new financial reporting model known as GASB 34. The
main features of this model can be summarized as follows:
. Narrative analysis with the Management Discussion & Analysis (MD&A) letter.
. Government-wide financial reporting that builds upon traditional fund based financial
statements. The government wide financial statements are intended to give a more concise
view of the City as a single unified entity.
. More long-term focus for governmental activities. The City now has fixed assets, bonds, and
compensated absences payable on its Statement of Net Assets for Governmental Activities.
. A distinction between major and non-major funds. The General, Debt Service, MSA
Construction and EDA Public Safety Facilities Project are considered major governmental
funds.
.
. Budgeting analysis that considers both the adopted and final budget.
n
~~ PRINTED ON RECYCLED PAPER
if 5 if
Memo - 2004 Comprehensive Annual Financial Report
Page 2
2004 Financial Overview
During 2004, the General Fund revenues exceeded expenditures by $394,751, which resulted in an
increased fund balance to slightly over $2.9 million, or 67% of 2005 budgeted expenditures. In
addition, the Enterprise Funds (sewer, water, stormwater management, recycling and liquor)
generally performed positively, including the Water Fund. The Liquor Fund operating income was
approximately $48,750 and gross sales at Shorewood Liquor West were the highest they have been in
four years.
Organization of the CAFR
The CAFR is divided into three sections: the Introductory Section, the Financial Section and the
Statistical Section. The Introductory Section has a list of City officials, the organization chart, and
the transmittal letter.
The Financial Section includes the auditor's report, the management discussion and analysis,
general-purpose financial statements, combining and individual fund statements, and notes to the
financial statements. This section contains large amounts of financial information about the City's
operations during 2004. The notes explain the City's policies and contain detailed information about
the basis of accounting, budgeting, investing, legal compliance, debt service, fixed assets, pension
plans, and segment information for the Enterprise funds.
The Statistical Section consists of tables of financial information for a ten-year period. The tables
include data regarding revenues, expenditures, property taxes, special assessments, debt, property
values, construction, and other miscellaneous data. This section contains a wealth of historical
information that may be used to recognize trends and other factors important to the financial
management of the City.
Achievement A ward Received
The City has again received the Certificate of Achievement for Excellence in Financial Reporting
awarded by the Government Finance Officers Association for its CAFR. This award recognizes
outstanding achievement in financial reporting. In order to be awarded a Certificate of Achievement,
the government published an easily readable and efficiently organized CAFR. This report satisfied
both GAAP (generally accepted accounting principles) and applicable legal requirements. Only 259
municipalities (less than 1 %), out of 32,000 municipalities nationwide with populations under
10,000, qualified to receive this award from GFOA.
Conclusion
I hope you find the report to be comprehensive and easy to read. It is intended to give you and the
residents of Shorewood a full view of the financial condition and financial management of the City.
If you have any questions as you read the report, please feel free to call and discuss them with me.
Likewise, feel free to ask questions you may have of Auditor Steve McDonald at the June 13th
presentation.
.
.
.
.
.
.
.
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236
FAX (952) 474-0128 . www.cLshorewood.mn.us . cityhall@cLshorewood.mn.us
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Again this year, the Chamber is hopeful that all five ofthe South Lake Minnetonka cities will provide
funds for the event. To date,
.
.
. the Deephaven and Greenwood City Councils approved $1,200 for the Chamber for expenses
related to the Fourth of July Celebration (which is the same amounts they authorized in 2004)
. The City of Excelsior has asked the Chamber to submit an invoice for $1,200 for expenses
related to the Fourth of July celebration (which is the same amount it authorized in 2004)
. the City of Tonka Bay has authorized $1,000 to be paid to the South Lake Minnetonka Police
Department (i.e., no funds to the Chamber) toward its costs to provide services for the
Celebration.
Lee:al Reauirement: The City may provide funds for specific programs (e.g., the Lake Minnetonka
Fourth of July Celebration), or specific activities (e.g., security costs) to such an organization as the
Chamber. State law does not permit the City to make an undesignated contribution to the Chamber
(e.g., for general operations of the organization).
City Bude:et: The City's 2005 Budget includes $2,200 for the Excelsior Area Chamber of
Commerce's Fourth of July event. The City has been supportive ofthis event as one that is a
community-building activity.
Again this year, the Chamber has designated several levels of funding for sponsorship status. The
one closest to the City's budgeted amount, the Silver sponsorship level, is $2,200. The benefits of
this level of sponsorship are listed on page 4 of the explanatory packet (attached).
.
CITY COUNCIL ACTION:
The City Council should determine the amount of funding (if any) it wishes to authorize to the
South Lake - Excelsior Chamber ohCommerce's Lake Minnetonka Fourth of July Celebration.
~J PRINTED ON RECYCLED PAPER
ff5P
.
May 19,2005
Mr. Craig Dawson, City Administrator
City of Shorewood
5755 Country Club Road
Shorewood, MN 55331
Dear Craig,
The best holiday of the summer is just ahead of us. The volunteer committee for the
Lake Minnetonka 4th of July has mapped out a phenomenal 14 hours of fun for the
entire Lake Minnetonka community. Here's the line-up: 29th Annual Firecracker
lOK Run, Ice Cream Social, Kids' Patriotic Parade, Kids' Fishing Contest, Sand
Castle Building Contest, "Inflatable Fun" and Rock 'N' Roll Revival (teen
bands). For the "big kids" we'll have late afternoon and evening entertainment by:
.
Kal2ren Band, a clean, creative, 5-member vocal/instrumental band that's developed quite a
following on college campuses throughout the Midwest. We think they're about to be
"discovered. "
Minnesota Pines & Drums, the award-winning Celtic crew will march into The Commons
for their fourth performance in the Lake Minnetonka 4th of July. They'll be accompanied by .
the Irish dance troupe Rince Na Chroi. A raucous warm-up for the Orchestra!
Minnesota Orchestra with Associate Conductor Mischa Santora, and 75 masterful
musicians playing against the glittering waters of Excelsior Bay. The Excelsior Commons
was meant for this music! Baton up at 8:30 p.m. You'll love the music program!
Fireworks: We've invited our favorite pyrotechnics company and they've promised
new shells, new designs and more drama! We hope to raise $23,000 in donations through .
the Excelsior Boat Show, sales of 4th of July buttons and appeals to the community.
We'd like to invite the City of Shorewood to help us make this celebration a huge success.
You'll be joining a host of west em Twin Cities sponsors including Lake Minnetonka
Association, Maynard's, Garden Market & Landscaping, Cub Foods, Howard's Point
Marina, Lyman Lumber, Xcel Energy, Wells Fargo, Lake Minnetonka Orthodontics,
Byerly's, Excelsior Family Dental, Ridgeview Excelsior Clinic, MN Inboard Water
Sports, Crystal Pierz Marine, MarineMax, Xcel Energy, Paradise Charter Cruises,
Midwest Mastercraft, the cities of Deephaven, Greenwood, Tonka Bay, Excelsior and
Shorewood. An estimated 18,000 folks are expected to join us on water and land.
A selection of sponsorship options is attached and we are open to customizing a high level
sponsorship to fit your marketing objectives. Please help us make the 2005 Lake
Minnetonka 4th of July holiday a community-wide celebration!
Sincerely,
Linda Murrell, Executive Director
cc: Mr. Dick Osgood, Chair,
Lake Minnetonka 4th of July Committee
.
.
.
.
.
.
2005 Lake Minnetonka 4th of July Celebration
Sponsorship Levels
Please review the following sponsorship opportunities to find your company's preferred level.
Platinum Sponsor:$4'lOOO Limited to 3; SOLD
A premiere opportunity to showcase your company at the most visible 4th of July
event in the Twin Cities. Lake Minnetonka Assn., Garden Market & Landscape
and Maynard's Restaurant.
. INDUSTRY EXCLUSIVITY.
.
New in 2005! Platinum sponsors prominently listed on giant
banner displayed on MN Orchestra's tractor-trailer in close
proximity to main stage before, during and after the concert.
Top billing in the Lake Minnetonka July 4th program (full-page,
tear-out) that will be published in the Star Tribune West Metro
section on June 29. Circulation: 58,000 subscribers in western
Twin Cities.
.
Your company will receive 50 "Lake Minnetonka 4th of July",
prize patrol buttons to distribute to employees or customers.
People wearing buttons at the event on July 4th may qualify for
prize drawings*. Added Value: $250.00. [Buttons will also be sold
to the general public for $5.00].
. Your company's name on one of five 4th of July Golf Carts that
will be driven in Excelsior Commons throughout the event.
.
. Top billing on all related ads, banner, publicity.
. Event-related publicity in Twin Cities starting May 2005.
. Complimentary Lake Minnetonka Sunset Dinner Cruise for
sponsors aboard Paradise Charter Cruises, on Sunday, June 26, 5-
7 p.m. Entertainment provided onboard.
.
Invitation to enjoy hors d'oeuvres with the Minnesota Orchestra in
the pre-concert hospitality area, Excelsior Commons.
2
Diamond $3,200 Limit 6\ .
Cub Foodsl
. INDUSTRY EXCLUSIVITY
. Listing on huge DIAMOND SPONSOR banner displayed
on MN Orchestra's tractor-trailer before, during, after
concert/fireworks on July 4th. Banner location near MN
Orchestra stage.
. New in 2005! Prominent listing (after Platinum) in Star
Tribune West Metro in the "Lake Minnetonka 4th of July
2005 Program" (full page/tear-out) distributed to 58,000
readers on June 29. .
. Your company will receive 25 free "Lake Minnetonka 4th of
July" buttons that, when displayed at the event on July 4,
qualify the wearer for prize patrol drawings. * Added Value:
$125. Pun for valued employees, customers. .
Listing on Lake Minnetonka 4th of July banner in
.
Downtown Excelsior from 6/21 to 7/5.
. Prominent position on all Chamber-produced banners,
programs, ads.
. Excellent publicity and visibility in the Lake Minnetonka .
Area beginning May 2005.
. Complimentary sunset dinner cruise with onboard
entertainment, Sun. June 26, 5-7 p.m. aboard Paradise
Charter Cruises.
. Invitation to enjoy hors d'oeuvres with the Minnesota
Orchestra at the pre-concert hospitality gathering.
.
3
.
IGold
$2,600 5 sponsors: Wells Fargo, Lyman Lumbe~
. Sponsorship listing in Star Tribune West Metro Lake
Minnetonka 4th of July Program (full page/tear-out) distributed to
58,000 readers in western suburbs of Minneapolis.
. Prominent listing on all publicity, marketing, advertisements,
website 4th of July promos produced by South Lake-Excelsior
Chamber.
. Listing on Gold Sponsors Banner at The Commons.
.
. Free location for your company's banner at The Commons. (best
placements reserved for Gold and Silver sponsors).
. Invitation to 4th of July V.I.P. Dinner Cruise aboard Paradise
Charter Cruises on Lake Minnetonka.
.
ISilver
$2,200
City of Shorewoo~
. Name recognition and association with one of the premiere 4th of
July celebrations in the State of Minnesota.
.
. Listing as a sponsor of Lake Minnetonka 4th of July Celebration
ad in Star Tribune West Metro on June 29; exposure to 58,000
readers throughout western Twin Cities
. Listing on Silver Sponsors Banner in the Commons throughout
event.
. Space reserved for your company banner at Commons throughout
event.
. Invitation to V.I.P. Lake Minnetonka Dinner Cruise aboard
Paradise Charter Cruises.
.
4
!Bronze $1,600
.
. High visibility association with an outstanding patriotic event
featuring The Minnesota Orchestra, Minnesota Pipes and Drums,
fireworks over Excelsior Bay.
. Listing as a sponsor of the Lake Minnetonka 4th of July 2005
Celebration on all ads, promotional handouts, publicity produced
by South Lake-Excelsior Chamber.
. Free location for your corporate banner at The Commons during
event (placement handled by 4th of July Committee). *
. Invitation to V.I.P. Lake Minnetonka Dinner Cruise aboard
Paradise Charter Cruises.
.
er $1,200
Xcel Ener , Howard's Point Marina, Ci
.
. Affiliation with an outstanding community event featuring the
Minnesota Orchestra, Minnesota Pipes & Drums, jazz/soul music
and fantastic fireworks in Excelsior Bay.
. Listing as sponsor of the Lake Minnetonka 4th of July 2004 .
Celebration (after Platinum, Diamond, Gold, Silver, Bronze) in
Sun Newspapers program, major ads, publicity produced by the
Chamber.
. Visible display of your corporate banner in the Commons all day
on July 4th.
. Invitation to Lake Minnetonka 4th of July V.I.P. Dinner Cruise on
Lake Minnetonka aboard Paradise Charter Cruises on
Sunday, June 26, 5-7 p.m. Entertainment provided.
.
5
.
We will also have a variety of underwriting opportunities that will
provide your organization some excellent visibility at the event. You
may wish to underwrite all or a portion of the following. Signage at the
venue is the primary benefit.
Venue Cost/Sponsor
Rachel Kroog KidPower $ 500
Inflata-Fun $1,800*
Teen Band Showcase $ 800
The Kalgren Band Mediacom Communications
Minnesota Pipes & Drums $1,200
Have one sponsor; need 3 more at $250.
.
2 Golf Cart Sponsorships @ $ 350
Amplification Speakers for
Bandshell $ 700
Patriotic Popsicle Party Blue Bunny Ice Cream
Public Safety & Traffic $ 3,500* estimated
Have one sponsor (Tonka Bay); need $2,500 additional
Sanitation &/ Trash $ 2,500
Orchestra Hospitality Table Byerly's
Kids' Fishing Contest Lifetime Chiropractic
Kids' Patriotic Parade Knewtson Family Chiropractic
Sand Castle Building Contest TSP Inc.
Race Finish Line American Family Insurance!
Terry Roeser Agency
Firecracker Race Maynards, Excelsior Family Dental
Lake Minnetonka Orthodontics,
Ridgeview Excelsior Clinic
.
.
.
The entire day's events will revolve around good, clean family fun. Every effort will be
made to ensure that all age groups are included in the celebration.
In order to orchestrate this event, the South Lake-Excelsior Chamber of Commerce
would appreciate knowing --by June 10~ 2005 ---if you would like to participate.
Please review this excellent opportunity to help celebrate America's national holiday.
A response form follows this page with options for your consideration. Thank you for
taking the time to fax or mail it back. The South Lake-Excelsior Chamber serves 172
businesses, organizations and civic groups in the communities of Excelsior,
Deephaven, Greenwood, Shorewood, Tonka Bay and has members in Minnetonka,
Chanhassen, Chaska, Waconia and Spring Park.
6
.
.
-more-
I Lake Minnetonka 4th of July Celebration 2005.
Weare interested in participating in the 2005 Lake Minnetonka 4th of
July Celebration at the following sponsorship level: .
o PLATINUM $4,000 Limit 3 sponsors. 2 remain open.
o DIAMOND $3,200 limited to 6 sponsors. Five open.
0 GOLD $2,600 limited to 5 sponsors. 4 open.
0 SILVER $2,200 unlimited category
0 BRONZE $1,600 unlimited category
o COPPER $1,200 unlimited category
Cl FIRECRACKER RACE $1,500 Limit: 4 sponsors. Filled.
Cl MINI-VENUE:
.
.
Company/Organization Name
Contact name
Phone Number
/
E-mail Address:
Please return this form confirming your company's sponsorship level
not later than Ma 27,2004.
.
7
.
.
Fax: 952-474-3139.
If you require a formal invoice, please make a note of that
on this form. Thank you very much for your support!
Sponsorship Contributions needed by May 27, 2005. Payable to:
South Lake-Excelsior Chamber, P.O. Box 32, Excelsior 55331
.
.
.
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8
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CITY OF SHOREWOOD
PARK COMMISSION MEETING & TOUR
TUESDAY, MAY 24, 2005
6:00 P.M. MANOR PARK
6:30 SIL VERWOOD PARK
7:00-8:00 P.M. FREEMAN PARK
MINUTES
1. CONVENE PARK COMMISSION MEETING & TOUR
Ij. ~ P~I
.~"l..'.1l ~
'f~ if". J
Chair Davis called the meeting to order at 6:04 p.m.
A.
Roll Call
Present:
Chair Davis; Commissioners Meyer, Y oung, Westerlund, and late arrival
Moonen; and City Engineer Brown
Absent:
Commissioners Famiok and Wagner were absent
2. MANOR PARK
General comments included the recognition of increased use with the advent of spring,
suggestion to keep the volleyball courts, disrepair of the tennis courts. mlight of the fact that a
sport court surface or rebuilt tennis courts run as high as $135,000 and several courts within the
community are in dire need of repair, Brown noted that the Commission will need to evaluate
short and long-term solutions.
A. POND
Accompanied by MCWD limnologist Lauren Hatch, the Commission discussed ideas for the
restoration of Manor Park Pond. Westerlund pointed out that by mid summer, the pond is full of
filamentous algae and the tot lot full of goose feces. m an effort to control the goose problem,
Westerlund suggested that naturalized plantings be placed around the edge of the pond to deter
geese from using this area.
Brown mentioned that a proposed new development to the north might further compound the
stormwater issues, as well as, the drainage difficulties from the outlet at the intersection, already
not functioning well. He indicated that a cooperative agreement will need to be reached with the
developer to redo the outlet, correcting the undersized outlet and runoff issues.
Since phosphorous will continue to be a problem, Westerlund suggested the City plant a
shoreline educational garden and demonstrate to residents with signs a restoration project first
hand. She asked Hatch his opinion of what it might take to clean up the pond.
Although no guarantee, Hatch stated that aerating the pond might oxygenate it, or investigating
an alum pump.
Having spoken to renowned limnologist Dick Osgood, Westerlund stated that he suggested the
Commission visit Amesbury, where they've successfully been using an alum pump to clean up a
3 Acre pond over the past three years.
Though expensive, Hatch explained that an alum pump acts as a phosphorous magnet, sealing the
phosphorous at the bottom, provided one can control the external phosphorous additives. He
suggested the city collect water samples over the course of the summer and makes an evaluation
based on those findings for best practices.
Westerlund volunteered to collect the samples over the summer.
4f?4
PARK COMMISSION AGENDA
TUESDAY, MAY 24, 200S
PAGE20F2
3.
SILVERWOOD PARK
.
Due to erosion problems, Brown stated that the supposedly soft landing at the base of the slide
has been congested with gravel from the hillside. He pointed out that the sliding hill is very
popular over the winter months and that the pond is also used for skating. As the city collects
quotes for tennis court resurfacing, the Silverwood court will also be addressed. Finally, Brown
pointed out that the turf trail, near the pond, has been marked with monuments and runs all the
way to the Holiday gas station.
Meyer suggested the tennis courtlhalf court basketball court be seal coated as opposed to a
resurfaced tennis court surface.
4. FREEMAN PARK
While walking the trail around the perimeter of the park, Brown pointed out the new drainage
way and park walkway exit at the south end of the park. h1 addition, he acknowledged the tot lot
vandalism mid park. Brown suggested the Commission pull out the feasibility study for the
wetland project through the woods and review its merits, the open water walkway, and proposed
kiosks, if the Commission is truly looking for a wetland restoration project.
.
Commissioner Moonen joined the Commission at Eddy Station at 8:00 p.m.
Upon stopping at the Park Plaza, Brown noted that public works staff would be paving the 'y'
walkway to the plaza on Thursday, which will free up the Foundation to finish the landscape
work for the dedication ceremony June 10,2005.
.
5. ADDITIONAL THOUGHTS
Chair Davis stated that she was pleased by the trail system at Freeman and felt there were never
too many trails. She suggested they approach the Foundation to gauge their interest in
cooperating on a trail project.
Young stated that he liked the idea of moving forward with a do-able project, such as the Manor
Park Pond and planting a restoration water garden. He encouraged Westerlund to begin the
process of collecting samples for analysis and suggested the neighbors be contacted to solicit
their support or volunteerism for the project.
.
Brown encouraged the Commission to consider the goals and priorities contained within each
parks master plan to determine whether those listed have been met or if others have been found.
Meyer stated that the city should determine the costs for refurbishing the tennis courts.
6. ADJOURNMENT
Meyer stated that this would be her last Park Commission meeting, as they had sold their home in
Shorewood and would be moving mid June. The Commissioners congratulated her and thanked
her for her service.
The Commission adjourned their meeting at 8:22 p.m.
.
RESPECTFULLY SUBMITTED,
Kristi B. Anderson
Recording Secretary
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD -SHOREWOOD, MINNESOTA 55331-8927 - (952) 474-3236
FAX (952) 474-0128. www.cLshorewood.mn.us -cityhall@cLshorewood.mn.us .
MEMORANDUM
TO:
Planning Commission, Mayor and City Council
FROM:
Brad Nielsen
.
DATE:
1 June 2005
I
RE:
Laughlin - C.u.P. for Two Houses on One Lot -
FILE NO. 405(05.12)
.
BACKGROU~D
I
I
Michael arid Jody Laughlin own the'property at 5665 Howard's Point Road (see'Site
'Location map - Exhibit A, attached). They wish to keep the existing home on trfu ;.
property while their new home is being constructed. At staffs direction theyJ:flve'
applied fora conditiot;lal use permit that is scheduled for revi~w by the PI~g
Commission on7 June 2005.
The subj ectproperty is zoned R -1 CIS, Singl~- family Residential/Shoretand andcoJ?tains
40,019 square feet of area. The property is currently occupied by the Laughlins' existing
home and a small shed (see Exhibit B). Theyintend to live in th~ existing honse whilea
new home is being built. Once tlie new house is completed, the old one will be
demolished. Proposed building elevations. for the new home ares.hown on Exhibit C.
.
'L
ANAL YSIS/RECOMMENDATION
Shorewood's Zoning Code, like most conte~porary zoning ordinances, limits the number
of single- family dwellings on a site to one. In the past, the City had granted variances
allowing property owners to keep an existing house on the property while a new home is
under construction. The Code was amended in 2000 to allow for such requests by
conditional use permit. Following is how the Laughlins' request complies with Section
. 1201.03 Subd. 2.c.(4) of the Code:
n
~J PRINTED ON RECYCLED PAPER
:# 8. A.
,
.
.
.
.
Memorandum
Re: Laughlin CUP
1 June 2005
1. Keeping an existing house should not result in a less desirable location for the
new house. In this case the new home will be situated in the wider portion of
their L-shaped lot. As illustrated on Exhibit C, the location of the new home
complies with R -1 CIS setback requirements. The proposed home has been
situated to minimize removal of existing trees on the property.
2. There must be some assurance that the existing home will be removed upon
completion of the new one. This is resolved by the requirement of an escrow,
sufficient in amount to guarantee that the house will be removed. Prior to the
issuance of a building permit, the applicants must provide bids for the demolition
of the older house. The applicants will then be required to provide the City with a
cash escrow or letter of credit in the amount of 150 percent ofthe bid to guarantee
removal of the older house and restoration of the site.
3.
The approval must have a time limit. The Code allows the builder six months to
complete the new home. On !some larger or more complicated homes, this limit
has been found to be a bit restrictive. It is recommended that ifit is necessary for
the owner to reql,lest an, extension, it should be mad~ prior to the end of the six
months.
Staff recommends approval of the Laughlins' request subject to the following:
a. The applicants must provide a copy of their contractor's bid for demolishing the
older house.
b. Prior to issuance of a building permit, the applicants must provide the City with a
cash escrow or letter of credit, for 150 percent of the bid amount, to guarantee that
the house will be removed and the site restored.
c.
The existing house and outbuilding must be removed within six months of the
applicant receiving a building permit for the new house.
Cc: Craig Dawson
Tim Keane
Joe pazandak
Michael and Jody Laughlin
Pete Boyer
-2-
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Exhibit C
PROPOSED BillLDING ELEVATIONS
.
.
.
.
.
Ruth - just to let you know we received your comments. I have forwarded
them to the Planning Commission.
Brad Nielsen
-----original Message-----
From: ruth zimmer [mailto:r.zimmer@mchsi.com]
Sent: Tuesday, June 07, 2005 6:00 PM
To: planning@ci.shorewood.mn.us
Subject: Laughlin C.U.P. two house on one lot file #405(05.12)
Brad Nielsen, Planning Director,
Regarding the above matter before the Planning Commission tonight, 07Jun05,
I ask that you consider the issues below, as the landowner to the immediate
west of the Laughlin property.
The draft of the new house is placed almost directly in line with my house
(if Tract B on the proposal were to contain the layout of my house, it would
be easily seen). This will have a tremendous impact on the the visual and
the light enjoyed for many years by my house and backyard.
The 2-story stucture is set close to the lot line, and there are no existing
trees to use as a buffer to improve the view nor to provide privacy for
either dwelling. I ask that the Commission consider the placement of the
proposed structure farther to the north of the property. This would better
surround the new house with tree cover and also shorten the proposed new
driveway.
I appreciate and understand the value of sparing trees, however, two healthy
trees have been felled in the past week, and, in the end, any proposed
structure will outlive the hardiest of trees. My thought is to try to do
the best possible planning and placement of the permanent structure with
regard to Laughlin's land and all surrounding land, first and foremost.
An added suggestion would be to require 10' conifers along the west property
line to help soften the appearance and help, in time, buffer effects of the
structure within close proximity to my period house.
I thank you for your work and your consideration in this matter.
Sincerely,
Ruth Zimmer
5685 Howard's Pt. Rd.
Shorewood, MN 55331
,
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.
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.
.,
CITY OF SHORE WOOD
RESOLUTION NO.
A RESOLUTION GRANTING A CONDITIONAL USE PERMIT
FOR TWO DWELLINGS ON ONE LOT
FOR MICHAEL AND JODY LAUGHLIN
WHEREAS, Michael and Jody Laughlin (Applicants) are the owners ofreal property
located at 5665 Howard's Point Road in the City of Shorewood, County of Hennepin, legally
described as:
"The northerly 219.79 feet of Tract A, Registered Land Survey No.1, files of the Registrar
of Titles, Hennepin County, Minnesota, except the East 835.50 feet thereof."; and
WHEREAS, the Applicants propose to live in the existing house on the property while a
new house is being constructed on the same lot; and
WHEREAS, Shorewood's Zoning Code limits the number of homes on a single-family
lot to one, except by conditional use permit, and whereas the Applicants have requested such a
conditional use permit; and
WHEREAS, the Applicants' request was reviewed by the City Planner, and his
recommendations were duly set forth in a memorandum to the Planning Commission dated
1 June 2005, which memorandum is on file at City Hall; and
WHEREAS, after required notice, a public hearing was held and the application was
reviewed by the Planning Commission at its regular meeting on 7 June 2005, the minutes of
which meeting are on file at City Hall; and
WHEREAS, the Applicants' request was considered by the City Council at its regular
meeting on 13 June 2005, at which time the Planner's memorandum, 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 Property is located in an R-IC/S, Single-family ResidentiallShoreland zoning
district and contains approximately 40,019 square feet of area.
2. The property is currently occupied by a single-family dwelling and one
outbuilding.
3. The new home will comply with all setback requirements of the R-l CIS zoning
district.
,
.
.
.
.
~
CONCLUSION
A. The Applicants have satisfied the criteria for the grant of a Conditional Use
Permit under Section 1201.03 Subd. 2.c.(4) and Section 1201.04 ofthe Shorewood City Code.
B. Based upon the foregoing, the City Council hereby grants the Applicants' request
for a Conditional Use Permit to keep the existing dwelling on the property, while a new home is
being built, subject to the following conditions:
1. The Applicants must provide an estimate from a licensed contractor of the cost to
remove the existing dwelling. From this estimate the City will require a cash
escrow or letter of credit in the amount of 150% of the estimate to insure that the
structure will be removed within a specified time.
2.
The Applicants shall provide the cash escrow or letter of credit referenced in 1.
above to the City at the time a building permit is issued for the new dwelling.
3.
The Applicants must use the Conditional Use Permit by 13 June 2006. The
existing dwelling on the property shall be removed from the property within six
months of the time that a building permit is issued for the new dwelling, or by 13
December 2006, whichever is later.
D. That the City Clerk furnish the Applicants with a certified copy of this resolution
for recording purposes.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 13th day of
June 2005.
Woody Love, Mayor
ATTEST:
Craig W. Dawson, City Administrator/Clerk
-2-
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CITY OF
SHOREWOOD
...
.
5755 COUNTRY CLUB ROAD' SHOREWOOD, MINNESOTA 55331-8927' (952) 474-3236
FAX (952) 474-0128' www.cLshorewood.mn.us' cityhall@cLshorewood.mn.us
MEMORANDUM
TO:
Planning Commission, Mayor and City Council
.
FROM:
Brad Nielsen
DATE:
2 June 2005
RE:
Raisbeck, David and Ellen - Minor Subdivision/Combination and
C.U.P. for Accessory Space in Excess of 1200 Square Feet
.
FILE NO.
405(05.13)
BACKGROUND
.
David and Ellen Raisbeck own the home at 26640 Edgewood Road (see Site Location
map - Exhibit A, attached). They have also purchased the property at 26500 Edgewood
(f.k.a. McCosh's Bookstore, f.k.a. the Svithsoid Home). The two properties are separated
by a 50-foot strip of old vacated right-of-way that now belongs to the owner of 5320
Elmridge Circle. The Raisbeckshave arranged to purchas~ the strip in order to combine
their landlocked homestead parcel with the parcel fronting on Edgewood Road (see
Exhibit B).
The Raisbecks' homestead parcel (A) contains 34,900 square fe~tof area, making it
substandard for its R-1A1S, Single-Family Residential zoning. The nonconformity is
increased by the lack of frontage on a public street. Parcel B contains 87,237 square feet
and has 250 feet of frontage on Edgewood Road. The Elmridge Circle parcel (C)
contains 60,314 square feet of area, of which approximately 7750 square feet willbe
conveyed to the Raisbecks. The Raisbecks will end up with one parcel, 129,887 square
feet (2.98 acres) in area. Parcel C will have 52564 square feet.
.
The Raisbecks also propose to build a detached garage that, when combined with their
existing attached garage will exceed 1200 square feet of area. The location of the new
garage is shown on Exhibit C. It contains 1396 square feet of area. An elevation drawing
ft
~J PRINTED ON RECYCLED PAPER
# 8. B.
.
.
.
.
.
Memorandum
Re: Raisbeck Minor Division and C.U.P.
2 June 20()5
ofthe proposed garage is shown on Exhibit D. The applicants propose to remodel their
existing home, reducing the attached garage to 552 square feet. The total area of
accessory space will be 194~ square feet. The existing home will have 2927 square feet
of floor area on the main floor alone, with almost as much on the second story. The
house is shown on Exhibit E.
ANAL YSISIREC01\fMENDATION
A. Division/Combination. Theproposed subdivision and combination is entirely
consistent withthe Shorewood Zoning Code. It brings the applicants' property
into conformity with lot width and area requirements. It is worth noting that the
subject property extends to the center of Edgewood Road. As part of the approval
of this request, it is recommended that the applicant provide 25 feet of public
right-of,:,way. Also, drainage and utility easements, 10 feet wide around the
perimeter of the newly configured lot are required.
While the drawing on Exhibit C appears to have been drawn from a survey, it is
only a site plan. The applicant must provide a boundary survey with existing and
proposed legal descriptions and descriptions ofthe required right-of-way and
utility easements.
B. Conditional Use Permit. Section 1201.03 Subd.2.d.(4) ofthe Shorewood Zoning
Code contains four specific criteria for granting this type of conditional use
permit. Following is how the applicant's proposal complies with the Code:
1.
The total area of accessory space (1948 square feet) does not exceed the
total floor area above grade of the principle structj.11'e (2927 square feet -
main floor). .
2.
The total area of accessory space does not exceed ten percent of the
minimum lot area for the R-IA1S zoning district (.10 x. 40,000 square feet
= 4000 square feet).
3. The proposed garage complies withthe setback requirements of the R-
IAlS zoning district. A new paved loop driveway will serve both the
existing and the new garage. An existing driveway on the west side of the
property will be removed. Hardcover, as proposed will be 18.5 percent of
the lot area.
Given the size of the property and the number of existing treeS, drainage
and landscaping are not considered to be issues in this request.
d.
As shown on Exhibits D and E, the new garage will be similar in character
to the existing house and garage. As such, the roof lines, materials and
-2-
.
.
.
.
.
Memorandum
Re: Raisbeck Minor Division and c.u.P.
2 June 2005
architectural character of the garage are consistent with the principle
dwelling.
In light of the preceding, the applicant's request is considered to be consistent with the
requirements of the Shorewood Zoning Code. It is therefore suggested that the proposed
division/combination and the conditional use permit be granted subject to
recommendations stated herein
Cc: Craig Dawson
Larry Brown
Tim Keane
David and Ellen Raisbeck
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SITE LOCATION
Raisbeck Minor Subdivision/Combination and
C.D.P. for Accessory Space in Excess of 1200
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EXISTING HOUSE
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CITY OF SHOREWOOD
RESOLUTION NO.
A RESOLUTION APPROVING SUBDIVISION AND COMBINATION
OF REAL PROPERTY FOR DAVID AND ELLEN RAISBECK
WHEREAS, David and Ellen Raisbeck (Applicants) are the owners of certain real
properties in the City of Shorewood, County of Hennepin, State of Minnesota, legally described
in Exhibit A, attached hereto and made a part hereof; and
WHEREAS, the Applicants have an interest in certain real property in the City of
Shorewood, County of Hennepin, State of Minnesota, legally described in Exhibit B, attached
hereto and made a part hereof; and
WHEREAS, the Applicants have applied to the City for a subdivision and combination
of said real properties into one parcel legally described in Exhibit C, attached hereto and made a
.' part hereof; and
WHEREAS, the subdivision and combination requested by the Applicants complies with
the Shorewood Zoning Code.
.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
1. The real property legally described in Exhibits A and B be divided and combined
into one parcel, legally described in Exhibit C, attached hereto and made a part hereof..
2. The City Clerk shall furnish the Applicants with a certified copy of this resolution
for recording purposes.
.'
3. The Applicants shall provide drainage and utility easements, 10 feet wide, around
the perimeter of the new parcel described in Exhibit C.
4. The Applicants shall record this resolution with the Hennepin County Recorder or
Registrar of Titles within thirty (30) days of the date of the certification of this resolution.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 13th day of
June 2005.
ATTEST:
Woody Love, Mayor
.
Craig W. Dawson, City Administrator/Clerk
.
.
.
.
.
Existine Leeal Descriotions - David and Ellen Raisbeck Parcels
Parcell (PropertyI.D. 29-117-23-34-0015)
Lots 1 and 2, Block 1, Sampsons Upper Lake Park Lake Minnetonka.
That part of vacated Lakefront as shown on the Plat of Sampsons Upper Lake Park, including the
accretions thereto lying between the extensions to the shore of Lake Minnetonka of the East line
of Lot 1 and the Southwesterly line of Lot 2, Block 1, Sampsons Upper Lake Park Lake
Minnetonka.
Together with a non-exclusive easement for ingress and egress as shown in deed Doc. No.
987048.
(Certificate of Title No. 701735)
Parcel 2 (Property I.D. 29-117-23-34-0001)
That part of Government Lot 3, Section 29, Township 117 North, Range 23 West of the 5th
Principal Meridian, described as follows: Commencing at the Southeast comer of Lot 3, Section
29, Township 117, Range 23, running thence West along the South line of said Section 29 a
distance of 791 Y2. feet to the point of beginning; thence North 1 degree 3 minutes West by a
deflection Northerly 88 degrees 57 minutes to the South line of South Street, in Sampson's
Upper Lake Park; thence Northeasterly along said South line of said street to a point where the
Easterly line of Lot 1, Block I, said Addition if produced would intersect the South line of said
South Street; thence Easterly parallel with the South line of said Government Lot 3, a distance of
50 feet; thence Southeasterly to a point on the South line of said Government Lot 3, 250 feet East
of the point of beginning; thence Westerly along said South line of said Government Lot 3, to the
point of beginning, according to the United States Government Survey thereof and situate in
Hennepin County, Minnesota.
Exhibit A
.
.
.
.
.
Prooosed Leeal Descriotion - Parcel to be Purchased
The following described real property situated in Hennepin County, Minnesota:
That part of Lot 2, Block 1, Elmridge, Hennepin County, Minnesota, lying westerly and
southwesterly of a line drawn from the southeast comer of Block 1, Sampsons Upper Lake Park
Lake Minnetonka, to an angle point on the westerly line of said Lot 2, Block 1, Elmridge located
206.21 feet North, as measured along said westerly line, from the southwest comer of said Lot 2.
Exhibit B
. Proposed Lee:al Description
.
.
.
.
Lots 1 and 2, Block 1, Sampsons Upper Lake Park Lake Minnetonka.
That part of vacated Lakefront as shown on the Plat of Sampsons Upper Lake Park, including the
accretions thereto lying between the extensions to the shore of Lake Minnetonka of the East line
of Lot 1 and the Southwesterly line of Lot 2, Block 1, Sampsons Upper Lake Park Lake
Minnetonka.
Together with a non-exclusive easement for ingress and egress as shown in deed Doc. No.
987048.
(Certificate of Title No. 701735)
and
Parcel 2
That part of Government Lot 3, Section 29, Township 117 North, Range 23 West of the 5th
Principal Meridian, described as follows: Commencing at the Southeast comer of Lot 3, Section
29, Township 117, Range 23, running thence West along the South line of said Section 29 a
distance of 791 ~ feet to the point of beginning; thence North 1 degree 3 minutes West by a
deflection Northerly 88 degrees 57 minutes to the South line of South Street, in Sampson's
Upper Lake Park; thence Northeasterly along said South line of said street to a point where the
Easterly line of Lot 1, Block 1, said Addition if produced would intersect the South line of said
South Street; thence Easterly parallel with the South line of said Government Lot 3, a distance of
50 feet; thence Southeasterly to a point on the South line of said Government Lot 3, 250 feet East
of the point of beginning; thence Westerly along said South line of said Government Lot 3, to the
point of beginning, according to the United States Government Survey thereof and situate in
Hennepin County, Minnesota.
and
Parcel 3
That part of Lot 2, Block 1, Elmridge, Hennepin County, Minnesota, lying westerly and
southwesterly of a line drawn from the southeast comer of Block 1, Sampsons Upper Lake Park
Lake Minnetonka, to an angle point on the westerly line of said Lot 2, Block 1, Elmridge located
206.21 feet North, as measured along said westerly line, from the southwest comer of said Lot 2.
Exhibit C
.
.
.
.
.
~*\
~~
CITY OF SHOREWOOD
RESOLUTION NO.
A RESOLUTION GRANTING A CONDITIONAL USE PERMIT
FOR ADDITIONAL ACCESSORY SPACE
TO DAVID AND ELLEN RAISBECK
WHEREAS, David and Ellen Raisbeck (Applicants) are the owners of real property
located at 2664 Edgewood Road, in the City of Shorewood, County of Hennepin, legally
described in Exhibit A, attached hereto and made a part hereof; and
WHEREAS, the Shorewood City Code requires a Conditional Use Permit for the
construction of accessory space exceeding 1200 square feet; and
WHEREAS, the Applicants have applied to the City for a Conditional Use Permit for the
construction of a detached garage which, when combined with existing accessory space on the
property, will bring the total amount of accessory space on the property to approximately 1396
square feet; and
WHEREAS, the Applicants' request was reviewed by the City Planner, and his
recommendations were duly set forth in a memorandum to the Planning Commission dated 2
June 2005, which memorandum is on file at City Hall; and
WHEREAS, after required notice, a public hearing was held and the application was
reviewed by the Planning Commission at their regular meeting on 7 June 2005, the minutes of
which meeting are on file at City Hall; and
WHEREAS, the Applicants' request was considered by the City Council at their regular
meeting on 13 June 2005, at which time the Planner's memorandum 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 total area of accessory space (1396 square feet) does not exceed the floor area
above grade of the principal structure (2927 square feet - main floor).
2. The Applicants' lot contains approximately 129,887 square feet of area, and that the
total area of accessory space on the property will not exceed 10% of the minimum lot area for the
R-1A/S zoning district in which it is located (4,000 square feet).
3. The design and materials of the garage are compatible with the architectural character
of the existing home.
4. The proposed garage complies with all setback requirements for the R-IA/S District.
-1-
.
.
.
.
.
CONCLUSION
1. The application of David and Ellen Raisbeck for a Conditional Use Permit as set forth
herein above be and hereby is granted.
2. That the Applicants are hereby advised that the City Code provides specific regulations relative
to home occupations and any future use of the garage for other than allowable residential purposes would
have to comply with such regulations.
3. The City Administrator/Clerk is hereby authorized and directed to provide a certified
copy of this Resolution for filing with the Hennepin County Recorder or Registrar of Titles.
ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 13th day of June
2005.
Woody Love, Mayor
ATTEST:
Craig W. Dawson, City Administrator/Clerk
-2-
.
.
.
.
.
.
.
Legal Description
Lots 1 and 2, Block 1, Sampsons Upper Lake Park Lake Minnetonka, Hennepin County,
Minnesota.
That part of vacated Lakefront as shown on the Plat ofSampsons Upper Lake Park, including the
accretions thereto lying between the extensions to the shore of Lake Minnetonka of the East line
of Lot 1 and the Southwesterly line of Lot 2, Block 1, Sampsons Upper Lake Park Lake
Minnetonka.
Together with a non-exclusive easement for ingress and egress as shown in deed Doc. No.
987048.
(Certificate of Title No. 701735)
and
Parcel 2
That part of Government Lot 3, Section 29, Township 117 North, Range 23 West of the 5th
Principal Meridian, described as follows: Commencing at the Southeast comer of Lot 3, Section
29, Township 117, Range 23, running thence West along the South line of said Section 29 a
distance of 791~ feet to the point of beginning; thence North 1 degree 3 minutes West by a
deflection Northerly 88 degrees 57 minutes to the South line of South Street, in Sampson's
Upper Lake Park; thence Northeasterly along said South line of said street to a point where the
Easterly line of Lot 1, Block 1, said Addition if produced would intersect the South line of said
South Street; thence Easterly parallel with the South line of said Government Lot 3, a distance of
50 feet; thence Southeasterly to a point on the South line of said Government Lot 3, 250 feet East
of the point of beginning; thence Westerly along said South line of said Government Lot 3, to the
point of beginning, according to the United States Government Survey thereof and situate in
Hennepin County, Minnesota.
and
Parcel 3
That part of Lot 2, Block 1, Elmridge, Hennepin County, Minnesota, lying westerly and
southwesterly of a line drawn from the southeast comer of Block 1, Sampsons Upper Lake Park
Lake Minnetonka, to an angle point on the westerly line of said Lot 2, Block 1, Elmridge located
206.21 feet North, as measured along said westerly line, from the southwest comer of said Lot 2.
Exhibit A
-3-
.
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236
FAX (952) 474-0128. www.cLshorewood.mn.us · cityhall@cLshorewood.mn,us
MEMORANDUM
TO:.
Planning Commission, Mayor and City Council
.
FROM: .
Brad Nielsen
DATE:
6 June 2005
RE:
Howard's Point Marina - Lot Line Rearrangement
.
,FILE NO.
405(0~.14)
BACKGROUND \
/
Howard's Point Marina owns the two properties at 5400 (the Marina) and 53'S0;(the
house) Howard's Point Road (see Site.Location-map - Exhibit A, attaqhed1.' They
propose to rearrange the lot line between the marina property and the residential
property as shown on Exhibit.B. The purpose of the division/combination is to bring
their existingdock~onfiguration into compliance with LMCn-Code, which requires
that docks be located at' least 10 feet from the side lot line of th~ property, ext~nded
into the water. As explained in their request letter (Exhibit C), the problem came to
light oDly after the LMCD required HPM to provide a survey of the property for
another matter. .
.
ANALYSIS/RECOMMENDATION
From a planning perspective, the HPM reqllest is very simple. The rearrapgement of .
the lot line straightens it out to a 90 degi-ee angle with the street and with the shoreline
of Lake Minnetonka. Side yard setbacks are most effective when the lot lines are
. perpendicular to the street. The small triangle of land does not adversely affect either
the marina property or the property with the house on it. Approval of the division and
combination is therefore recommended.
.
Cc: Craig Dawson Tim Keane Richard Baker
n:
~.1 PRINTED ON RECYCLED PAPER
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SITE LOCATION
Howard's POlnt Marina -lot line
rearrangement
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DOCK LOCATION SURVEY FOR
HOWARDS POINT MARINA
IN GOV'T LOT 1, SECTION 31-117-23
HENNEPIN COUNTY, MINNESOTA
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NEW LEGAL DESCRIPTION OF PARCEL SHOWN
lhal part 01 \he Narth 24 rocIs 01 Government Lot 1. SedIon 31, Township 117,
Range 23. Hennepin Count)', Minnesota, which lies southeriy 01 the following
described fine:
Beginning at a point on the East l1ne 01 said Government Lot 1 dlstent 115
feet soulh of the Nor1I1east comer at said Section 31; thence on an
assumed bearing of West along a line parallel wIlh the Narth &lie of said
Government Lot 1 a distance of 757.76 feet; thence Soulh 14 degrees 27
minutes 14 seconcl& West a distance of 60.94 feet; thence North 74
degrees 36 minutes 04 seconds West to the shofe of Lake Minnetonka
and there lenninating.
ThIs survey shows the location 01 tilfte existing buildings, a concrete ramp and
the existing dodts in relation to the bOundaries 01 the above described property.
1\ does not purport to show any other improvements or encroad1ments.
o : Denotes iron monument found
Bearings sftDwn are based upon an assumed datum
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Exhibit B
PROPOSED REARRANGEMENT
.
SOoc
6 I ~/7Jp
May 11, 2005
The City of Shorewood
Attn: Bradley J. Nielsen
5755 Country Club Road
. Shorewood, MN 55331
Ladies and Gentlemen:
.
.
.
Enclosed with this letter is a simple subdivision application on the form we thought was
appropriate. I am als.a enclosing the documents we believe you require and the fee for this
simple subdivision, as well as a copy of deeds which have been prepared for this purpose and
which can be filed and recorded after your approval, assuming the same, The deeds have been
prepared so that it is dear what we are proposing to do. Let me explain:
Howard's Point Marina owns the property where the marina is located with the address of
5400 Howard's Point Road and the pin number of 31-117-23-11002. It also owns the adjoining
lot to the north with the address of 5380 Howard's Point Road and pin number 31-117-23-
110001. For decades the marina has operated with a marina layout in front of the 5400 property
tr.at is as diagramed in the survey attached with some minor additions over the years - but
essentially in that format. For the 2005 LMCD application of Howard's Point Marina, the
LMCD requested that an "as built" survey be supplied. That. was a late request of the LMCD
complied within January of this year. At an April 13 meeting, the LMCD postponed the permit
application because there was concern with setbacks and issues with docks that might encroach
on setbacks. Since this has never been an issue, legally or practically in the past, it seems rather
odd that it surfaces now. However, it has. The present LMCD methodology for determining
setbacks used a boundary between the two Howard's Point Marina lots that had existed in the
legal descriptions and then an extension of that boundary into Lake Minnetonka. To cure this
situation, it appears appropriate at this time to recognize what has been existent for decades and
change a part of the north property line (and thereby its extension) so as to eliminate the setback
Issue.
The same registered land surveyor has been consulted and he has prepared a new survey
and a legal description for the small, triangular piece of property that would be transferred from
the 5400 property to the 5380 property to cure this situation and, by straightening out the
boundary, confilm historical use of the marina portion that is off shore. The subdivision
Exhibit C
HOWARD'S POINT MARINA APPLICANT'S REQUEST
5400 HOWARD'S POINT ROAD · SHOREWOOD, MINNESOTA 55331 LETTER
Dated 11 Mav 2005
.
.
.
.
.
The City of Shorewood
Attn: Bradley J. Nielsen
May 11, 2005
Page 2
involved would separate the sliver of property described on the attached "legal description of
triangle to be deeded" as well as in the deeds. As the deeds indicate, the property would flow
through a straw person from Howard's Point Marina 5400 property to Howard's Point Marina in
the 5380 legal description once the subdivision was approved by the City.
We are not sure how simplistic a procedure you have for this type of simple subdivision
that really is just a correction of a boundary, therefore, we have used the form enclosed and
furnished what we thought was appropriate. Please advise if you need us to fill out a different
form, provide additional information and also tell us what else we need to do and what the
process will be to gain the City's approval so that we may file and record the deeds. Please
contact me, Rich Baker, with any questions. My number is 952-474-1414. I can also be reached
by fax at 952-474-3633.
Thank you for your assistance.
Sincerely,
~;;~J~
Richard Baker, President
Enclosure
.
~~
~~
CITY OF SHOREWOOD
RESOLUTION NO.
A RESOLUTION APPROVING SUBDIVISION AND COMBINATION
OF REAL PROPERTY FOR HOWARD'S POINT MARINA
WHEREAS, Howard's Point Marina, Inc. (Applicant) is the owner of certain real
properties in the City of Shore wood, County of Hennepin, State of Minnesota, legally described
in Exhibit A, attached hereto and made a part hereof; and
WHEREAS, the Applicant has applied to the City for a subdivision and combination of
said real properties into two parcels legally described in Exhibit B, attached hereto and made a
part hereof; and
. WHEREAS, the subdivision and combination requested by the Applicant complies with
the Shorewood Zoning Code.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
.
1. The real property legally described in Exhibit A be divided into two parcels,
legally described in Exhibit B attached hereto and made a part hereof..
2. The City Clerk shall furnish the Applicant with a certified copy of this resolution
for recording purposes.
.
3. The Applicant shall record this resolution with the Hennepin County Recorder or
Registrar of Titles within thirty (30) days of the date of the certification of this resolution.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 13th day of
June 2005.
ATTEST:
Woody Love, Mayor
Craig W. Dawson, City Administrator/Clerk
.
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236
FAX (952) 474-0128. www.cLshorewood.mn.us. cityhall@cLshorewood,mn.us
MEMORANDUM
TO:
Planning Commission, Mayor and City Council
FROM:
Brad Nielsen
.
DATE:
31 May 2005
RE:
Parkview - Preliminary Plat.
FILE NO.:
405(05.10)
.
BACKGROUND
Bridgeland Development Company has assembled four parcels of land at 5025 through
5075 Suburban Drive (see Exhibits A and B), totaling 5.90 acres. The developer ':,
proposes to remove the four existing homes and assorted outbuildings on the l<tf's aii.d
replat the property into nine single-family residential lots, as shown on Exhibit C.
.
The subject properties are characterized by rolling topography, with high points in front
of 5045 SubUrban, ,in the northeast comer of the site and the south side. The land-drops
in different directions to .threewetland basins - one in the sou.thwest comer of the
property, one on the north side, and one to the east in the. Amesbury development.
Existing vegetation consists <?f a mix of ma?n"e, deciduous arid coniferous trees.
/
Th~;property is zoned R-l C,Single-Family Residential. Surrounding land uses and
zoning are as follows:
West:
North:
'East:
South:
Suburban Drive, then single-family residential; zoned R-IC and R-,lD
single-family residential; zoned R-IC
twinhomes and toWnhomes; zoned P.D.D. (Amesbury)
Manor Par:l.<:; zoned R-IC
.
The proposed lots will be served by a cul-de-sac street, approximately 470 feet in length.
The lots range in size from 20,520 to 32,390 square feet and average 25,454 square feet.
{) PRINTED ON RECYCLED PAPER
;;j/ g D.
.
Memorandum
Re: Parkview - Preliminary Plat
31 May 2005
ISSUES AND ANALYSIS
In the evaluation of the preliminary plat, the following issues should be considered:
A. Zoning Code. All lots meet or exceed the minimum size requirements for the R-IC
zoning district - 20,000 square feet in area, 100 feet in width alld 120 feet in depth.
The building pads shown on the preliminary grading plan (Exhibit D) measure 50' x
60', although most of the lots will accommodate 70-80' building widths. All lots are
considered quite buildable, with Lot 9 being the tightest, due to the extra setback on
the side abutting the street. It is further impacted by the setback requirement from the
wetland. It should be noted that the 1000- foot shoreland district for Lake Minnetonka
clips the southwest comer of the property. It has, however, no effect on the
development. The Parkview lots will be subj ect to a maximum hardcover ratio of 33
. percent.
B. Subdivision Code.
.
1. Street Design. The proposed street is 470 feet long, with a proposed right-of-way
width of 50 feet, terminating in a 100-foot diameter cul-de-sac. The paved
surface is 24 feet wide, exclusive of curb and gutter width, and the turn-arounq is
80 feet in diameter. The street grade does not exceed five percent. These
dimensions are all consistent with the Shorewood Subdivision Code. Street
specifications will be addressed under separate cover by the City Engineer.
2. Grading, Drainage, Erosion Control and Utilities. These items will be addressed
under separate cover by the City Engineer. From a planning perspective the
following comments are offered:
.
a. Grading. In order for the street to meet grade requirements and to manage
storm water runoff for the site, site alteration for this project will be
considerable (see proposed grading limits on Exhibit D. The preliminary
plans indicate that the amount of cut and fill on the site does not balance and
some fill may have to be brought in. The developer will adjust the grading
plan to comply with the requirement that lowest floor elevations be four feet
above the observed water table, including the proposed pond. Garage floor
elevations will be adjusted so as to keep driveway grades less than 10 percent.
.
b. Drainage. One of the most significant elements of the proposal, most of the
runoff from the project will be conducted to a proposed NURP (National
Urban Runoff Program) design pond, located on the south end of Lots 7 and 8.
From there it will spill into the wetland in the southwest comer of the site. A
storm sewer will direct overflow to the pond in Manor Park, that outlets south
along Manor Road. The plat needs to include drainage and utility easements,
10 feet on each side of each lot line and around the proposed pond.
-2-
.
.
.
.
.
Memorandum
Re: Parkview - Preliminary Plat
31 May 2005
c. Sanitary Sewer. Sanitary sewer is available in Suburban Drive. Prior to
release of the final plat the developer must pay local sanitary sewer access
charges in the amount of $10,800 ($1200 per lot).
d. Water. The developer's plans include a municipal water main to serve the
lots, however, city water is approximately2200 feetto the south of the
proj ect, near the comer of St. Alban's Bay Road and Excelsior Boulevard.
The City's CIP proposes a water main project in 2007 that will connect the
Southeast Area system with the Amesbury water system, an extremely
important element of the Shorewood system. Staffis suggesting that the City
Council hold a workshop session to discuss the options for expediting the city
project, so as not to miss out on nine additional users. It should be noted that
the property owner immediately south ofParkview has expressed interest in
connecting, and a resident on St. Alban's Bay Road is circulating a petition to
see ifhis neighbors are interested in connecting to city water. The worst case
scenario would result in nine new. private wells.
e. Par}( Dedication Fees. The Subdivision Code requires the developer to pay
$2000 per lot for park dedication fees, totaling $18,000 for the proj ect.
f. Plat requirements. Two items need to be added to the plat: 1) the street must
be named; and 2) the plat needs to include'''Block I". These can be added on
the final plat.
C. Wetlands. Ordinarily a residential project under eight acres in area would not be
referred to the Minnehaha Creek Watershed District. However, th~. developer
proposes to fill in the small wetland on the.north side of the property. At 1740 square
feet in area, it is presumed that this will fall under the "de minirrms rule" that allows
wetland basins less than 2000 square feet to be filled without mitigation. It should be
noted that site grading will occur on the north side of Wetland 3. This area is
currently lawn for the home at 5075. The wetland buffer area must be restored using
wetland vegetation. The final plat should include a drawing illustrating where stClkes
will be placed to identify the 35-foot buffer.
D. Tree Preservation/Reforestation. As mentioned above, the project involves
substantial site alteration. As a result, the trees to be saved are concentrated in the
four comers of the plat. Tree protection fencing is proposed at the construction
limits. To the extent possible, the fencing should be pulled in to the site. The
reforestation plan (Exhibit F) is conceptu~l only, and has not been prepared by a
registered landscape architect or certified forester. The project is subject to a
replacement of eight trees per acre, or 48 trees. The developer's plan focuses the
replacements along Suburban Drive near the new street entry. It is recommended that
the final reforestation/landscape plan pay some attention to the west comer of Lot 3
-3-
.
.
.
.
.
Memorandum
Re: Parkview - Preliminary Plat
31 May 2005
andthe northeast comer of Lot 4 to the extent possible. The final plan should also
address wetland buffer restoration.
E. Street Lighting. The developer is not proposing street lights. Any such request
would have to be made by future property owners.
RECOMMENDATION
The preliminary plat forParkview is considered to be consistent with Shorewood' s
developmentregulations. Approval is recommended subject to the following:
1. Plans for streets, utilities, grading, drainage and erosion control are subject tothe
recommendations of the City Engineer.
2. Grading (including the filling of Wetland 2), drainage and erosion control are
subject to the recommendations of the Minnehaha Creek Watershed District.
3. Prior to final plat release, the developer must pay $1O,800 in local sanitary sewer
access cliarges.
4. The City Council should hold a work session to discuss the possibilities of
expediting the wat~r main connection between the Amesbury and Southeast area
water systems.
5. Prior to release of the final plat, the developer must pay $18,000 in park
dedication fees.
6. The plat must include "Block 1" and a name for the new street.
7. Wetland buffers must be staked on the property. The development agreement for
the plat will address the City's wetland protection requirements, including a
conservation easement over the buffer areas.
8. The developer must submit a final tree preservation and reforestation plan,
prepared by a registered landscape architect or forester. This plan should be
referred back to the Planning Commission prior to final plat approval.
Note. Subsequent to the drafting of this report, the developer has submitted revised plans
(Le. larger building pads and a revised landscape concept). These changes will be
discussed at Tuesday night's meeting.
Cc:
Craig Dawson
Steven Nelson
Tim Keane Larry Brown .
Peter Knaeble
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DEVELOPER
BRIDGELAND DEVELOPMENT COMPANY
STEVE NELSON
(952) 985-5000
ENGINEER
TERRA ENGINEERING. INC.
PETER KNAEBLE. PE
MATT PAVEK. EIT
(763) 593-9325
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SURVEYOR 6 . .
OTTO ASSOCIATES iiili
PAUL OTTO ~-
(763) 682-4727
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WETlAND CONSULTANT ~"""03j
KJOLHAUG ENVIRONMENTAL SERVICES COMPANY fi~! r.
MARK KJOLHAUG j th"!lo-i
(952) 401-8757 __.s,lill'l
WEiLANDS DELINEATED BY KJOLHAUG ENVIRONMENTAL. 11/04
WEiLANDS SURVEYED BY OTTO ASSOCIATES.
SOIL ENGINEER
STS CONSULTANTS LTD.
MERV MINDESS
(763) 315-6300
LANDSCAPE CONSULTANT
LAND WORKS INC.
STEVE KLUCAS
(763) 544-9901
PREUUINARY DEWUlPUENT PLANS FOR:
P ARKVIEW
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DESCRIPTION
EXISTING CONDITIONS PLAN
PRELIMINARY PLAT
PRELIMINARY UTILITY PLAN
PRELlMIN.ARY GRADING. DRAINAGE &
EROSION CONTROL PLAN
PREUMINAAY TREE PRESERVATION PLAN
PRELIMINARY LANDSCAPE PLAN
PREb.lMINAAY DETAILS AND NOTES
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WARNING
THE CONTRACTOR SHALL CONTACT ALL PUBLIC UTILITIE
LOCATION OF ALL UNDERGROUND WIRES. CABLES. CO"
MANHOLE. VALVES OR OTHER BURIED STRUCTURES BE
THE CONTRACTOR SHALL REPAIR OR REPLACE THE AS.
DAMAGED DURING CONSTRUCTION AT NO COST TO THE
Exhibit B
EXISTING CONDITIONS
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NO. LOTS
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LOTS IJ-1S, BLoa< 2. IIIlHEltlllKA IIA11C1l
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Min. lot CI'OG 20,000 al (oxd. city dnlgnated wolland CI'OG. pll' Subdivlolcn Ordlnanc.)
Min. lot wlcllh 100' (at 35' FSB)
Min. lot depth 120'
Front nlback 35' min.
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SIdI ..!back la' min. (35' comer)
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8aun<larl.a .r Shorlland CI.lrlcl 11'. 1000' from I.ke ed91 (po< Zoning Mop)
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THE CONTRACTOR SHALL REPAIR OR REPLACE THE ABOVE WHI
DAMAGED DURING CONSTRUCTION AT NO COST TO TI-'E OWNE~
Exhibit C
PRELIMINARY PLAT
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( 1 / <$ /;' / Of ;' 1\ 0 -r"~ ._\ - r. . bV' ~.....:\ - - // ,-'~..,..,.. // 'ii" /, /0 / ,,... ~'< . "
/ I ,. I ,/ r. ~ 1 ~ / l ...~ ~ ~99&- '\ ~., _- .... \ '\l. /. -'" /... / .....,
'.' / /" / /t/r((l /_. ....~__,-,,:~:.o,' ,-;--,,--., .!J I '. ,f,'"''';''' / ....
'. / 14// I 1//1 ,~/ ,., I...'... ~~ '__ - - -. -o-~ _L. .....-- ... .:~- , / -; l / / __~
/.5135 C;//{...;:;:.J {o/ ./,.~J~ 11/' '-:: :::.:;:::::-:-.~. ~-,--'-" 12 I ' ).-;' / X ~ ----. ,
V 100
/. , ,/ " '1 '., / \1')): 'r"" t I OTYPONOISAB2 \""" 0 +'~4- .7"./ /",...-/ ,,'" -. -- '
rc:/, y!; '. ~""~ ,;;.\../ .~.' '..:-:.1:3-'~ El 7_tt~~ ! ~ : $::~:-.988.0 11 \\' '~?'i .:~Cl ~'(J ....0.... //: '~', / / ",f~ / ~" .......... SCAI..E WA~~ING FEET
....... r,~." ""'. ;'. 1 . '~' L.J..'WV.-9868 EX. 9" RCP OU1lLT SW (7) ",,:,,\" _ ..~~. V /~',..... ~" " THE CONTRACTOR SHALL CONTACT ALL PUBLIC
'""- ....... <,', ~, ',,' ,,() -"~' " I " ACP.OSS CITY UI.tIT \'I:.! -- ~. ~ 'n ,.. / fr' / \. ..... LOCATION OF ALL UNDERGROUND WIRES, CABI
.............. -....z~':::::.-:.........\ ~:;;J.:"',---.,- 5145 .:.' \, -. ~ ~~~k10B~CITY. \') +;~ ,//' / '...6.." " . MANHOLE, VALVES OR OTHER BURIED SiRUCTI
.......... ~--:....' . .I.."'} '", .:"~ . )'t" , . \ \' ~ .' . / '"'.-.. ~ THE CONTRACTOR SHALL REPAIR OR REPLACE
............ ,'I",'" . /'.,...,,,. ~ n.' " '........ .. ~'. '2 MeTAL Cl/LIERT .\, i ';(.' / "--,. ...... DAMAGED DURING CONSTRCCTION AT NO COSl
l'- ....... -........... ""'~.l._ '" I .1. ". -. h. "l'T~ roP tw- WATER L' ,-/.., / ,/ L "...
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, (35' FRONT 40' REAR, 10' SlOE TYP.)
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4/29/05
Exhibit D
PRELIMINARY GRADING PLAN
'{59)"'-
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1.~-' I i r"\\ \ \ ''-, '- -- ~~ . '- or-' \ \ \. \ \ \ - NOTE: ORA~GE TRE~ FENCING (WI 'iREE .~,
J I' \ '. "" \. 1)eI\lI;~~~'- \\ ' :J.,., \ SAVE AREA SIGNS)', MUST BE INSTALLED "
o \ " '- - _ -- I ~ ~~.. AROU~ ENTIRE GRADING LIMIT AREA
I +\ /' .." .' " " \\ .;:-.r' \ T \ · 1\ " PRIOR TO CONSTRUCTION.
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o
1IlEE f sa: . TYPE ~ON.. 11& , sa: II nPE ~ONL~ SAw.,'IIEIIM:
101 14" ASH SAW 146 Ill" III1PLE SAW
102 "'1lAPLE SA'oot: 147 14" OAK SA'oot:
'03 12' ASH SA'oot: 1018 16. IIAPLE SA'oot:
104 Il" ASH SA'oot: Hg 16' IIAPLE REIIO'oot:
105 10" ASH SAW ISO 16' ASH RE\lO'oot:
lOll 10' SPRUCE 42 'HI REIlOW 151 ,t IlROl REllOW
107 20' SPRUCE 53 feot REIlO'oot: 152 21l" IIAPLE REIIOW
,os la" SPRUCE 52 'HI REIlOW 153 I2"ELll REIIOW
109 20" III1PLE REIlOW 154 la" ASH REIIOW
110 ". IIAPLE REIlOW ,ss 12' IIAPLE RE\lOW
", 16' SPRUCE 46 fo.t REIlOW I~ 12" SPRUCE 3g foot REIICM:
112 Ill" SPRUCE 5& f..t REIlOW 157 10' SPRUCE 341eot REIIOW
113 20. SPRUCE ~ 'HI REIlO'oot: I~ 14" OAl< REIIOW
114 20' SPRUCE 54 'HI REIlOW 15g Ill" OAK REIIOW
115 24' ASH ROlO'oot: 1&0 14" ASH RtIlOW
l1e la. SPRUCE 52 f..1 ROlOW 1&1 10" ASH RE\lOW
117 14. PINE 4' 'Ht REIlOW la2 14" 1IAPl.t REIICM:
lla 12" PINE "Sf feol ROlOW 1&3 16' OAl< REIIOIot:
l1i e. PINE 31 Ieot ROlOW 184 e' PINE 2ll Ie.t RE\lCM:
120 12" PINE 42 Ieol REIlO'oot: IS5 Ill" ASH RE\lO'oot:
121 12" PINE 45 Ieot REIlO'oot: lea e" SPRUCE 2& ,..I RtIlOW
122 Ie' PINE 4lI1eo1 ROlOW 1&7 4' SPRUCE 1& loot REIIOW
123 :IS" OAK SAW lea Ill" ASH RE\lOW
124 e" HAClCBERIty SA'oot: l&i 12" EIJiI REI.IOW
'25 'a' HACKBEIllty SA'oot: 170 10" ASH REIIOIot:
128 Ill" OAK SAW '71 10" ASH REIICM:
127 14" IlAPLE SA'oot: 172 a' ASH RE\lOW
12a 14" ASH ROlOW 173 18" ASH REIIOW
129 12. ASH REIIOIf: 174 12' ELll RE\lOW
130 ".ASH REIlOW 175 12" ELll RtIlOW
13' 14' ASH REIlOW 17& 12" ELll RtI.lCM:
132 14' IlAPLE ROlO'oot: 177 e' SPRUCE 3i 'HI REI.lOW
'33 20' ASH ROlO'oot: 17& 12' SPRUCE 44 IHI REIIOW
'34 ,,- OAK ROlOW 179 1000ELll REllOW
135 20" OAK ROlOW ISO IS' OAK REIIOW
138 "" ASH SAW \81 a' SPRUCE 14 feol REIIOW
137 12' ASH SAW 182 ""\IAPLE REIIOW
'311 10" ASH SA'oot: 183 '2' ELll SAW
\39 12" ASH SAW 184 12" 1IAPl.t REIICM:
140 12" ASH SAW 1115 24. MAPLE REI.IOW
14' Il"ASH SAW lea 28' ON< RtI.lCM:
142 a" SPRUCE 32 feol SA'oot: '87 20" OAK REI.IOW
'43 '2. SPRUCE 44 f..1 SAW 188 32' OAK SAW
144 24. OAK SA'oot: '119 2' SPtlUCE '4,..t SAW
145 2Il" OAK SAW 19o 12" MAPLE SAW
TREE !U!M;Y B't':
EGAN, FIELD, & NOWAK, INC.
DATED 4/25/05
(952) 546-6837
1REE LEGEND
0' DENOTES DECIDUOUS TREE
ftaz DENOTES CONIFEROUS 'IF.EE
Not.: Numbers by tree. can be
cnmI reter..c8d to Ihe tree loble
to obtain epeclllc Information on
individual tree...
~D TRE!;: PRESERlfAmN AND ~rr POUCV:
1tu..liIlaIX 0110-"9 ..Ignl!lconl tr.... (herd_ dllCldu.... Il"+. IOftwood _au. 12"+.
coniferous 8'+ hol4hl; _ bOll old.... collanwoocl, wllo...)
1',,",, PNt!ll....vtttll'lr'l Plrm (etttlfted by '"eat<<, Gf'borlat. or reg..tered Icndacapoe arch.)
TrfUI RMltncem.....t Rfttla
For oad1 e1Qnlf\oQnl _.... tree remo..... (1l"-IZ")
two 3- caI. dedduoue tre.. QC
two 6' hlQh conlf....... tr...
Ih_ 3" col. d.._. tne. QJ:
Ih..... S' hlQh conlf....,.. tree.
For oad1 oiQnm.ant doc:lduOUll tr.. rem""" (12"+)
For oad1 e1Qnlllcanl coniferous tree romoYOd (6'-IZ') an. e' hlQh conlf....... I....
For oaclt oIQnlllcanl conlf...... tree remo\'Od (12'+) lwo 6' hlQh .onlforau. lro..
lRF"'F' PRP~"'1Y'lN NnTF'S
I, COntacl Ill. Clly Plonn~9 0eI>l. (052) 474-3236 10 OITClftQl a procan.tnlctlon
.an'....... with ".. Clly Zonln9 Adml1lotrallon prior t. any land dl.luI1lon...
2. AI tr.. prol..tlon In_" eIloll be ~.I_ prior 10 any .an.IN.11on and
"",.1 bo malnlG~od durlno .an.wcllon.
3. CantGCI the CIty Plonn~9 0eI>l. (952) 474-3236 for a SIt. Inspo.Uan upon tho
.ompl.tlon of landlCOll' it\.lallatlon.
4. AI tree protecUon zon.. t.o be lliqned with -Trot Saw Art,a- ai9nl.
5, See l.~_ Plan for location of n.w treo pl...\nQ"
IiWC lOW. IUIER Of' REPIJlCBEHI' TiRliES IS II TAEl!3/N:RE
tN. tuIIEft Of 1R!D TO BE IIlEPLACl!D:
IIJIO Ie . IlMlC. 1l11lED/N:llE - 47 'T1iIlES
11"1. 3' CALJllEI'l OEClOlJOIJS 'lREES
Mill. 6' HIG.. CONIFEROUS TREES
1IlEI , mE IIl'1PE J.~OIIL~ IA~ d .2
...
191 IS" BASSWOOO SAW: ~ -a
Ig2 14" ASH SA'oot: ~
193 10" ASH SA'oot: c.'5
'94 ,2" ASH SAW Z I
195 26' IIAPLE REMOW C( ~ !
196 ,2" MAPLE REMOW ~
1V7 Il"EUI REMOW W Qj~ "
it
\96 10' ASH REMOW W :'It) l
1119 14' ASH REMO'oot: Z<t
~ 'l3~ "
200 10' ASH REMOW ....
I
201 12' MAPLE REMCM: Z g ,~ ~
202 10" ASH REMOW W ~.I!llll
203 12' ASH REMOW t:O 0\ l:
204 14' ASH ROIOW ~ i3 ~~ i
205 12" MAPLE REMOW 0:: Ill..... is
(:3t:J.,
2011 '6' ASH ROIOW W <:::>.s;;;e '6
207 12" ASH ROIOW I- \O~ '-
208 18' ASH REMO'oot:
209 12" ASH REMOW
210 Ill" WAUlUT SA'oot:
211 16' I.IAPLE REMOW ~
212 \2" ASH RDIOW ~
213 12' ELll REMOW
214 ,2" OAK SAW 5
2'5 12" OAK REMOW
21e ,2" MAPLE ROIOW ~
2'7 10' ASH REMOW I
21S 10' MAPLE REMOW
218 10" ASH ROIOW
220 10" ASH RDIO'oot: I
221 10" ASH REMOW !~
222 ,2" ASH ROIOW
223 10" ASH REMOW
224 12"ELll ROIO'oot: lIC$lI6C ,..JXAUIJ'.
225 '2' ELll RDIOW ..... If/U'.
22S 12' MAPLE REMOW: - 'JIG
227 12" EUI REIIOW
22a ,.' PIHE -l.'I fool REIIO'oot:
229 14' ASH SAW ~
230 12' ASH SAW ll!
~~1 :I -:
231 ,2" ELll SA'oot: !th~ ~ t
232 10" ASH SA'oot:
233 10' ASH SAW: U' ij
23. ,2" MAPLE: $AW 11 ;". ~
235 12" ASH SA'oot: hl~l ~ J
236 12" ASH REloIO-.f:
t.~=~f~-i
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4/29/05
_I'N""
YlARNING
THE CONTRACTOR SHALL CONTACT ALL PUBLIC L
LOCATION OF ALL UNDERGROUND WIRES. CABLES
MANHOLE, VALVES OR OTHER BURIED SiRUCTURI
THE CONTRACTOR SHALL REPAIR OR REPLACE TI
DAMAGED DURING CONSTRUCTION AT NO COST T
Exhibit E
TREE PRESERVATION PLAN
ftW. 1JU Tl'PES TO II! If'PIIMI) II'( art
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EX. POND
CITY PO"'D , SAS2
NIIl-9B6.SO
lQO-YR HR-9SB,O
EOf-992.0
EX. 9. RCP OUTlET SW
ACllOSS ClTY 1I1.uT
POND OUtLET TO BE
RECOI'lS1R\JCTED BY CITY.
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PLANllNG DETAilS:
Q)
PI..ACt TJIIX TO ICM SMt
RD.AT'IZIISHl' fII GIAIIE ~ IN
I'llEV1IlUS GIIlI\IlNG ClNllT_
ClI/11lIIC11Il 111 It llC>'IlNSlII.t
rtWI tcEEPllG 1'AEE STl.AlGfT
JUtDIG _ 1I:Nll P\.MT VMlMTY.
~US1! ItGMlCE \/1ItI: VI vt" lWIlDl
HIlS1: AIlIVt TItt FIIlS1' _II.
_ !4--30' lICMl1D m CE>>M nHCES.
AND lNSTMJ. aLDRD IU.... I:Jt
I'I.AGS III \I1llt: Fat vtSAlIUI'r.
TREE WI#' "Ult JQ.CH LJNE
TO MllS'I JO'NICI\
~4. SlIIDllCl _....01. TAI'Ol
~ .....Of ..... _""DS 'II\HC.
::::---=../"'F'lLD IACX THE TIP 1/'3 or
~ ~ II.Ib.N' f1lDt IDDT IN..L,
_DISTlIG GRAIlI:
>..:." ItEUSE txm1NG sua... AMEND
. AS JCEIICI PDt Sft'Co
srwan IDTTIJt NIl SIDa
OF IG.E IUlIlE 1'LNlTJIG.
I.ICISTUlICll SIlISIlIl.
STM:l1G DUGWt
@ DtCI1lUJUS TREE PLAllTING DET An.
IN:1S1:A1..t
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ElCIS1IC 1REES (SAVED):
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DENO'lES DECIOUOUS lREE
DENO'lES CONIFEROUS TREE
PLANllNG NOTES:
1. land_ Contract... ...a11 YIoII th. .110 prl... 10 oubmllUnq bid 10 b.cam. lamllor toflll all. condlllon..
2. a Is the ..sponoibl11ly of !he _troclM 10 Jdenlify all underground coble.. condulls. trite.. clI:.. an !he
prol'ORy.
3. Ho planting ...1 be Inolollod unlll all g"'dlng ond conatruc:lloa has beea complet.d in Immedlot. 01'00.
4. It there Ie a ditcrIpOnc;y between lhe number of plantJ Ihown on the plan and the number of plant.
ehown in the plont lilt. the number of plontl Ihown on the pion will toke pt'~enCt.
5, 1011 pIonla "".11 be 01 apodmen quallly. Plants .haR _ nannal. ..II_aped brancl1 oystam.. ·
Idq....... _ rool .,stem: lhw7 shall be souad, Molthy, Y1g"""'. plant. IT" '",m cIofocta,
dl.lIgurlng _, ........Id InjlA'i... ob"'oloM at Iha be"" plont ell....... In..cl egg.. bore", ond all
forms of 1nf..IoU.... ,III pIonll thall be nu..ery _
6. Repair all damag. II> pnlper1y from planting oporot!... at no co.1 10 ......r.
7. Tho land_ canlra<:lor shall ...ploco at no c~. ony t..... _on, or ~rou"- wh;ch
foils III IIw through the firol calendor reor lrom Ill. limo 01 final acc.plance by the 0_. ,III
plonll ..... be .11Ye .ad la aarmal .all.loctOl)' growing condftlan ..t "., oad 01 tho 9uaroat.. poriod.
S. Th.... Inch deep ._ hard.aad beric mulch .In be !nllallod under all I..... ..nd IhNbt lhol .....
ilotated frvm 9f'OUnd GOYer area. oneS generol foundation ponti"".
9. A three inch IG)I'er of 1.5. diG. WGIhed river rock owr landscape wucl boni.r ahall be inWdIfod in on
..rub foundation areca unleta OtherwiN nottd on plan (lee foynQation Iandacape plClna).
10. T.... guylncj In all..... ""'II be optional. The '.ndacopo _\nlC1or ....11 be roapantiblo I...
mointoining 'ren in a ItrCliqht upri9t" condition for Q period of twelve months followin9 inltol!ation.
11. ,III ptTonniol/.nnuoI pIoallng. thall be mulcl1ed wilh 0 2. toyer af .hraddtd be", with no klnd...p.
weed banter,
IWC 'IUDL IMlER OF I1EJII.IaMEHr TRED IS a lREES/N:RE
MNC. IIIIIIER OF TREES 10 IE RI!PlIoC!D&
ILIO Ie . MAX. I TIlIES/AaIE . 47 1IID
101I11. 3. CALlE DECIDUOUS TREES
IoIItl. s' HIGH CDtllFEROUS TREES
fUllER OF PROPClIED 11lED IHCIIN a ItI
FM. 11& 1'tPES '10 IE APPRCNED In' CII'f
LANDSCAPE DESIGN BY:
LANDWORKS INC.
(763) 544-9901
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SCAI..[
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WARNING
THE CONTRACTOR SHALL CONTACT ALL PUBLIC UTILlTiE~
LOCATION OF ALL UNDERGROUND WIRES, CABLES, CCN'
MANHOLE. VAlVES OR OTHER BURIED STRUCTURES BEf
THE CONTRACTOR SHALL REP~R OR REPLACE THE ABC
OAMAGED DURING CONSTRUCTION AT NO COST TO T!-;E
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4/29/05
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Exhibit F
REFOREST A TION PLAN
(Concept)
.
^, WSB
Infrastructure I Engineering I Planning I Construction
. & A"OC;:;:ra n dum
701 Xenia Avenue South
Suite 300
Minneapolis, MN 55416
Tel: 763-541-4800
Fax: 763-541-1700
To:
Brad Nielsell, City of Sltorewood
Date:
Dave HUttOIl, P.E" WSB & Associates, IlIc.
Steve Gumey, P.E., WSB & Associates, IlIc. . )
Matt Woodruff, P.E" WSB & Associates, IIIC,~
JUlie 1, 2005
From:
JUN 2 2005
Re:
Parkview Subdivisioll Prelimillary List of Commellts
City of Sltorewood, MN
WSB Project No. 1459-03
,"'''''',;-
.
Outlined below, please find our review of the Parkview Subdivision Plan submittal prepared by
Terra Engineering, Inc., dated April 29, 2005, Upon completion of all changes, please return the
attached set of red lines along with an updated set of plans. We have the following comments:
Preliminary Plat
.
1. Drainage and utility easements should be shown around ponds and wetlands.
2. Provide wetland delineation report for field verification.
Prelimillary Utility Plall
.
1.
The sanitary sewer connection in Suburban Drive should be re-aligned to the south as
shown.
2. There is a conflict with the storm sewer and sanitary sewer. The sanitary sewer
should be aligned along the street centerline. Additional manholes should be added to
accomplish this.
3. Sanitary sewer services should be 6 inch PVC, SDR 26. Cleanouts should be
provided if service from main line to house is greater than 90 feet. Services should be
at a minimum of 9 feet deep at property line.
4. Verify with City of Shorewood if water main should be 8-inch,
.
Minneapolis I St. Cloud
Equal Opportunity Employer
K:\ON59-03L~d",il/\Docs\ME.MO -lmiclscl/- 053105"Ioc
, ,
.
.
.
.
.
Brad Nielsen
May 31,2005
Page 2
Preliminary Gradillg, Draillage, alld Erosioll COlltrol
1. The project proposes to re-direct runoff from approximately 1.3 acres to the basin
identified as SAB2 in the City's CSMP. The engineer will have to provide a
hydrologic/hydraulic analysis that demonstrates that the proposed changes do not
adversely impact this basin, located in Manor Park.
2. There are no sizes or inverts shown for the storm sewer. These should be shown on
the plans and the design calculations provided to our office for review.
3. The house pad for Lot 3 will require filling of the wetland identified as Wetland 2.
How will this filling of this wetland be mitigated?
4.
City policy (also FHApolicy) requires that basement floors be placed four feet above
the currently observed ground water elevations in the area. Lots 7-9 do not meet this
requirement.
5. It is recommended that the emergency overflow from the street low point be lowered
so that no more than 6 inches of water will pond in the low point should the storm
sewer become plugged.
6.
It is recommended that drainage swales be better defined between lots.
7. The emergency overflow elevation on Lot 7 (990.0) is .1.3 feet lower than the existing
emergency overflow from the existing pond located in Manor Parle. What is the
purpose of this emergency overflow?
8.
The developer will have to obtain a permit from MCWD and apply for a construction
permit from MPCA under NPDES Phase II rules.
tsh
K:iOf459-051.4c1mi"lDocsIMEMO-lmicfsc" - 055105,cloc
. CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236
FAX (952) 474-0128 · www.cLshorewood.mn.us · cityhall@cLshorewood.mn.us
MEMORANDUM
TO:
Mayor and City Council
.
FROM:
Brad Nielsen
DATE:
9 June 2005
RE:
Irey, Quentin - Appeal Notice to Remove
FILE NO.:
Property (26040 Wild Rose Lane)
.
Based upon a neighborhood complaint, Quentin Irey's property at 26040 Wild Rose
Lane was inspected for alleged violations of Shore wood's City Code. The property was
found to be in violation of Section 501.05 (Public Nuisances Affecting Peace and Safety)
and a Notice to Remove was sent to Mr. Irey (see Exhibit A).
.
In his request letter (see Exhibit B), Mr. Irey indicates that he needs additional time to
comply with the Notice. Specifically, he states that an unlicensed snowmobile will be
removed later this summer. He also suggests that he will not remove the pile of
landscape materials in the yard.
If an extension is granted, it is recommended that it only be granted to 23 June. The
appeal letter was not received within 10 days ofthe receipt ofthe Notice. This should
allow time to comply. Ifnecessary, the snowmobile can be placed in a garage until its
trip to the farm.
The property owner is also on notice that the property will be inspected after 23 June and
any violations found to remain will result in legal action without further notice.
.
Cc: Tim Keane
Joe pazandak
Quentin Irey
n
~J PRINTED ON RECYCLED PAPER
#9. A.
.
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CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236
FAX (952) 474-0128. www.ci.shorewood.mn.us. cityha\l@cLshorewood.mn.us
DATE: 2 May 2005
TO: QUentin and Rebecca Trey
26040 Wild Rose Lane
Shorewood,1fN 55331
PROPERTY LOCATION: 26040 Wild Rose Lane
PROPERTY IDENTIFICATION NO.: 3.2-117-23-11-0005
NOTICE TO REMOVE
Offensive and UnhealthvSubstances
.' I~
,,,
,NOTICE IS,tmREBY GIVEN that there exists ,a condition on the above referenced property
which is in Violation of Chapter 501, Section 501.05, Subd. 9 of the Shorewood City Code, a
copy of which Section is enclosed. The offensive matter to be removed from the property
includes, but is not limited to the following:
UNLICENSED. AND/OR INOPERABLE VEmCLES OR EQUIPMENT:
. .(:~~~o. BY9410 (yr'OO)
OTHER:
. '
. '..:Qr~:;)r~!~~!tii~J'tones;pIYWood;-tal:p;-weOO; timbers;opaiBt eBflS; p1lib; teiletr
eardhoaiJl'eI hft;~, . .gaolg~-bTaee; meW-tFaek; s,ateIli-te EIisk~..mailbox post;
<dilapi~.!_~~!!~!imilar miscellaneous.
You are hereby required to remove the above-described matter and any other offensive matter
. located on the property and in violation of Chapter 501, Section 501.05 within ten (10) days from
the date hereof. In the alternative; you may file a written notice of appeal at the Shorewood City
Hall within ten (10) days, in which case your appeal will be set for hearing at the next regularly
scheduled meeting of the City Council.
If you ~o not respond to this Notice within ten (10) days, the City shall take whatever action as
may be necessary to have the offensive matter removed. The costs incurred by the City for such
removal shall be charged to the property owner and become a lien against the property.
*** PLEASE GIVE THIS MATTER YOUR IMMEDIATE ATTENTION ***
BY ORDER OF THE SHOREWOOD CITY COUNCIL
#.
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-'lrey
26040 Wild Rose Lane
Shorewood, MN 55331
To: Brad Nielson
From: Quentin Irey
Re: 26040 Wild Rose Lane
Mr. Nielson:
.
I received a notice to remove certain items from my property located at 26040 Wild Rose
Lane in Shorewood based on a complaint from my neighbor that the items represented
eyesores and an annoyance to them. I also had an opportunity to speak with Joe pazandak
and update him on our progress. He recommended that I forward my correspondence to
you.
I am submitting the following pictures, which will show that I have complied with the
notice to remove the items cited with the following exceptions:
.
Snowmobile: There is a snowmobile under a canvass tarp on my property. This
snowmobile will be relocated out of state to a farm. This will be done sometime this
summer, however, no exact date for this trip has been set.
.
Limestone and pavers: The limestone has been set in its current location for over three
years without incident. At this time we have no plans to move it. Unlike the other items
that were removed based on your letter, I don't think that how we landscape and/or
display items of this nature has any merit for removal. The pavers are not visible from
anywhere other than standing on my property. We are currently going through a selection
process with landscapers to decide best how to restore a patio around our pool, which is
how the pavers may be used in the future.
Please let me know if you have any questions, concerns, or suggestions with regard to
how we have complied with your demand. Pictures follow on next page
Regards,
~
.
Quentin Irey
952- 3 80-0400
quentin@riunlimited.com
Page 1 of 4
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26040 Wild Rose Lane
Shorewood, MN 55331
.
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.
Page 2 of4
.
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26040 Wild Rose Lane
Shorewood, MN 55331
.
.
.
.
Page 3 of4
"
CITY OF
SHOREWOOD
.
5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236
FAX (952) 474-0128' www.cLshorewood.mn.us' cityhall@cLshorewood.mn.us .
MEMORANDUM
TO:
Mayor and City Council
FROM:
Brad Nielsen
.
DATE:
9 June 2005
RE:
Olson, Gale Jr. - Appeal Notice to Remove
FILE NO.:
Property(25775 Birch Bluff Road)
.
In response to neighborhood complaints, our office sent a "Notice to Remove" to Mr.
Gale Olson, Jr. at the above-referenced address (see Exhibit A, attached). Mr. Olson has
now appealed the notice (see Exhibit B). Although somewhat vague, his appeal indicates
he needs additional time to comply with the notice. He does not indicate how much time
he needs.
The Council routinely grants an extension of 30 additional days for compliance, provided
the property owner is making a good faith effort to comply with the Code. Staffwill
reinspect the property prior to Monday night's meeting to check on progress.
.
Assuming his letter is accurate as to the items removed to-date, staff recommends that the
owner be given until 13 August to comply. Failure to comply with the extended deadline
should result in legal action without further notice.
Cc: Craig Dawson
Ken Potts
Joe pazandak
Gale Olson, Jr.
.
#It'
~J PRINTEO ON RECYCLED PAPER
:#= 1. B.
.
..
....
i
.
..........
..."...,
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD' SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236
FAX (952) 474-0128' www.ci.shorewood.mn.us' cityhall@cLshorewood.mn.us
DATE: 16 May 2005
TO: Gale E. Olson, Jr.
, 25)75 Birch Bluff Road
Shorewood, MN 55331 "
'J-51? ':)
PROPE~TY LOCATION: ;25'175 Birch Bluff Road
PROPERTY IDENTlFICATION NO.: 29-117-23-44-0018
NOTICE TO REMOVE
Offensive and Unhealthy Substances
.' I~'
.f
NOTICEI&iIEREBY GNEN that there exists a condition on the above referenced property
which is in violation 'of Chapter 501, Section 501.05, Subd. 9 of the Shorewood City Code, a
cc>py ofwbich Section is enclosed. The offensive matter to be removed from ~e property
includes, but is not limited to the following:
,Y,'"
"t:
\
UNLICENSED AND/OR INOPERABLE VEmCLES OR EQUIPMENT:
. Blue car under tary,Lic. No. HCG 969
. Motor home Lie. No. RV 62019
. White Van, Lie. No. KCD 503
. Two.. (2) trailen
OTHER:
. Furniture; broken toys; plywood; storage box; paint cans; gas container; pails;
batteries; refrigerator; vehicle parts; bags; pallets; pipes; concrete debris; cement
blocks; brush and logs; wood; tires; bricks; fencing; tub; hood; fenders; bumpers;
radiators; rims; hub caps; cardboard boxes; metal parts/frames; similar miscellaneous..
You are hereby required to remove the above-described matter and any other offensive matter
located on the property and in violation of Chapter 501, Section 501.05 within ten (10) days from
the date hereof. In the alternative, you may file a written notice of appeal at the Shorewood City
Hall within ten (10) days, in which case your appeal will be set for hearing at the next regularly
scheduled meeting of the City Council.
If you do not respond to this Notice within ten (10) days, the City shall take whatever action as
may be necessary to have the offensive matter removed. The costs incurred by the City for such
removal shall be charged to the property owner and become a lien against the property.
*** PLEASE GIVE THIS MATTER YOUR IMMEDIATE ATTENTION ***
&"lb\~ A BY ORDER OF tJE,SHOREWPPD,CITY COUNCIL
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CITY OF
SHOREWOOD
.
5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236
FAX (952) 474-0128' www.cLshorewood.mn.us' cityhall@cLshorewood.mn.us
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Council e[)
Craig W. Dawson, City Administrator (I .
June 9, 2005
Recommendation from SLMPD Issues Group
.
The SLMPD Issues Group completed its meetings on May 26,2005. At the beginning of its process,
the Group agreed that all of its recommendations would be interdependent in one package. At the
conclusion of its process, the Group agreed that the members' city councils would need to act on this
package by June 30, 2005. This action is necessary for the 2006 budget process (with a view to the
2007 budget as well), and to expedite the preparation of amendments to the joint powers agreement
(JP A).
.
The Issues Group did not focus much of its effort on precise wording for changes relating to
operations and communications, or to the JP A. Rather, it expressed what changes should be made,
and assumed that the final wording would be worked out by the attorneys and staff.
The Group's recommended package is attached. The elements are further summarized below:
Governance
.
. Members of the Coordinating Committee would be chosen by and serve at the pleasure of
their respective city councils. Currently, each city's mayor serves on the SLMPD's
governing board.
. The Coordinating Committee would be the conduit for communication between the city
councils and the police chief. The Coordinating Committee would also decide what
reports or information needs to be produced by the Department.
Processes for Issues within the JP A
.
. A dispute resolution process would be added. Member cities would be allowed to
"grieve" alleged misinterpretations or violations of the JP A, but not disagreements
regarding proposed changes to the JP A. Essentially, there would be a 90-day period for
the grievant city and Coordinating Committee to resolve the matter. If it were not
resolved, then it would go to mediation for up to 90 days. If still unresolved and the
grievant city wishes to pursue the matter, it would go to binding arbitration.
~"
'-~ PRINTED ON RECYCLED PAPER
.~ C1e-
SLMPD Issues Group Recommendation
June 13,2005, City Council Meeting
Page 2
.
.
. A withdrawal provision would be added. The process would have a minimum 22-month
period, beginning no later than March 1 of even-numbered years and with service
terminating on December 31 of the next odd-numbered year. The withdrawing city would
lose its vote on the operating budget, but would receive the same level of service as the
other member cities. The withdrawing city would continue to pay its share of the
financing for the new police station until it's retired, and would have an equity interest
redeemable only upon dissolution of the organization.
o There was discussion about some additional costs related to withdrawal, but there
was no agreement reached on what they should be; hence they are not addressed in
the Group's recommendations.
Financial and Service Issues. including Funding Formula
.
. The fixed percentage of cities' revenues to SLMPD's annual operations would change to:
o Excelsior: 25.5% (currently 29.5%)
o Shorewood: 49.0% (currently46.0%)
o Greenwood and Tonka Bay would increase their percentages collectively by 1.0% .
· Greenwood currently 8.5%
· Tonka Bay currently 16.0%
. Any additional staff would require unanimous approval of the Coordinating Committee.
. The Operating Budget would require approval by a majority of the member city councils.
Currently, the Operating Budget is increased by the least percentage increase over the .
current year approved by any member city council.
Financial Implications for Shorewood: The $45,000 increase to Shorewood, assuming it was
entirely paid through taxes, would represent a 1.17% increase in the City's tax levy. In the 2005
budget, however, the City is paying approximately $718,000 for Tier II service, or $28,000 more than
the Tier I funding level of $690,000. Incrementally, then, the costs for police services would increase
$17,000 (0.44%) over what the City is paying in 2005.
In an exercise done for the Issues Group, staff estimated what each one percent change in the funding
formula would change the tax on the median value homestead in each of the cities (see attachment
dated March 1, 2005). In Shorewood, a 1.0% change on the $337,000 median value homestead
would be approximately $4. Thus, in 2005 the tax on this homestead would have been $12 larger
based on the Tier I funding level. Based on the Tier II funding level, however, the tax on this
homestead would have been $4.50 larger. .
"
.
.
.
.
.
SLMPD Issues Group Recommendation
June 13,2005, City Council Meeting
Page 3
Levy limits on cities have not been imposed during the special session of the Legislature as of this
writing. If SLMPD has a 4.0% increase in funds from the member cities in 2006, Shorewood's share
would be $764,000, or $46,000 more than what the City is paying for Tier II service in 2005. Ifthe
Legislature were to impose a 2.5% limit to the increase in the tax levy, then in this scenario the City's
obligation to SLMPD would be approximately 55% of the amount of the limited levy increase.
The SLMPD's operating fund balance was used to cover a $31,000 revenue shortfall based on
Excelsior's 1ess-than-recommended funding approval for 2003. The fund balance has been slowly
growing more by happenstance than design, and still remains below recommended levels. This
matter needs to be addressed through the operating budget approval process over the coming years.
Alternatives for the Future: The permutations and combinations of what may happen may seem
endless, but they are under these general headings:
. Acceptance of the Package by All Cities. All four city councils would agree to the Issues
Group package, and amendments to the JP A are prepared. There should be some
consideration given whether to develop the amendment regarding funding first, in order to
be in place for the 2006 budget process, or whether to have all amendments considered at
the same time (which likely be much later in the year).
. Rejection of the Package by One or More Cities. The current JPA would remain
unchanged.
o The city councils could decide to reconvene the Issues Group to work through
their differences.
o An immediate concern of the city councils would be the SLMPD's 2006 budget.
For example, if Excelsior were to approve a 0% increase as the cities' required
payments in 2006, then the gap between Tier I and Tier II services may grow from
$144,000 in 2005 to $200,000 in 2006. The three Tier II service cities would be
paying about $60,000 to cover the gap between the recommended and the
approved funding from Excelsior.
. Alternatives. Some decision-makers have suggested the SLMPD should be dissolved if
the Issues Group package is not approved, or at the very least if certain amendments are
not made to the current JP A. One thing problematic in the JP A is that it does not provide
for dissolution, except at the end ofthe duration of the agreement (i.e., at the retirement of
financing for the new police station). Absent a unanimous agreement of the city councils
to dissolve the SLMPD, proceeding with dissolution could involve:
o One or more of the cities taking legal action for judicial intervention
o Pursuit of specia11egislation
o Other creative alternatives.
SLMPD Issues Group Recommendation
June 13,2005, City Council Meeting
Page 4
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Current Status of Actions by City Councils:
. Excelsior: The Excelsior City Council did have this matter scheduled directly on the
agenda for its June 6 meeting. It has commissioned Mance! Mitchell, a former police
chief who performed an analysis for Excelsior last year, to review and comment on the
police issues before it. There is some concern that Mr. Mitchell may not be able to
complete his report in order for it to be available for Excelsior's next regular meeting on
June 20. Accordingly, it has set a special meeting either for Saturday morning, June 25,
or Friday evening, June 24, with the exact time to be determined based on the availability
of all councilmembers to meet.
. Greenwood: The Greenwood City Council had this item on its regular monthly meeting
agenda June 7. After some discussion, it decided that it would continue the matter to a
special city council meeting to be held at 7:30 p.m. Thursday, June 30.
. Tonka Bay: The first regular meeting for the Tonka Bay city council to consider the .
Issues Group proposal will be on June 14. The date for its other regular meeting this
month is June 28.
City Council Action: The City Council needs to act on the Issues Group recommendation by
June 30,2005. The Council may wish to continue this item to its June 27,2005, regular
meeting. .
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IEIORINDUI
TO:
FROM:
DATE:
SUBJECT:
SLMPD Member City Councils
Staff for SLMPD Issues Group
May 31,2005
Recommendations from SLMPD Issues Group
The SLMPD Issues Group began its meetings during the fIrst week of March 2005. The Issues
Group worked through the process agreed upon by all member cities' councils to be completed by
May 31. Over the course of eight meetings, the Group fInished its work on May 26.
The Issues Group agreed to several ground rules at the beginning of its process. Key among them
were:
1) The Group would produce a package of recommendations to the members' city councils. The
entire package, and not individual issues, would be considered by the city councils. City
councils would either approve or rej ect the entire package.
2) At least six of the Group's eight members needed to agree on a matter before it became a
tentative agreement, and thus appear in its recommendation. The tentative agreements could
be revisited before making a fInal vote on the recommended package.
a. Dissenting opinions on individual matters could be attached to Group's fInal report, but
it would be the dissenters' responsibility to prepare their written statements.
The Group's discussion focused on what changes it wished to make regarding the SLMPD joint
powers agreement or the SLMPD's operations and communications. It did not spend much time on
precise wording. The Group expected the technical writing on these matters would be performed by
attorneys and staff following action by the city councils.
Deadlines: At the conclusion of their meeting on May 26, the members of the Issues Group agreed
that their city councils must act on the recommended package by June 30, 2005. The following dates
are the regular city council meetings in June:
Excelsior:
Greenwood:
Shorewood:
Tonka Bay:
June 6 and 20
June 7
June 13 and 27
June 14 and 28
The attached document represents the recommended package of the SLMPD Issues Group.
Tentative A2reements
Throu2h 5/26/05
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A. Governance Issues
1. Coordinating Committee, term and size
(4.20.05) Turgeon moved, LaBelle seconded, that each City Council appoint a single
representative from each City Council, serving at the pleasure of that Council, to a one-year
renewable term on the Coordinating Committee, with the appointment defaulting to the Mayor
if the City Council fails to act. Motion passed 7/1, with Miller dissenting. Miller's
dissenting opinion: Two representatives on the Coordinating Committee, such as the
Mayor and one council person, would represent each city better than one, provide a
greater diversity of opinion on issues and may even increase the efficiency of the
Coordinating Committee (Mr. Joynes noted that studies suggest the most efficient
group size is seven members). In addition, it could ensure that the Mayor would
always be represented on the Coordinating Committee whereas in the tentative
agreement the Mayor may be removed from the Coordinating Committee. However,
Miller acknowledges that the tentative agreement is an improvement in representation
over the current JP A.
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2. City Councils, Appropriate involvement
Deferred -- need to complete.
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3. Police Chief, reporting relationship, accountability
(5.10.05) Love moved, Ruehl seconded, the Coordinating Committee shall act as a "Clearing
House" and intermediary in the accountability and information flow chain from citizens to
City Councils to the Committee to Chief or reverse. The Foundation list of Regular Interval
Reports is attached hereto. The Committee may request other ad hoc reports and information .
as deemed appropriate by the Committee. Requests for information may originate at any point
in the chain but must follow the flow chart. Motion passed 7/0. (Hill absent)
B. JP A Process Issues
1. Process for handling disputes for minor grievances to major structural and funding
disputes
(5.10.05) Newman moved, Keller seconded, the JPA should be amended to include a dispute
resolution process. The process would be initiated by the filing of a written statement of
grievance by any member city. Member cities would be allowed to "grieve" alleged
misinterpretations or violations of the JP A but not disagreements regarding proposed changes
to the JP A. Once a grievance is filed, the Coordinating Committee would be required to meet
within 30 days to consider the grievance and would have up to 90 days from that initial .
meeting to resolve the grievance. The 90-day timeline could be extended by mutual
agreement of all member cities. Motion passed 7/0. (Hill absent)
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Tentative Agreements
Thru May 26, 2005
Page 2 of 3
(5.10.05) Newman moved, Turgeon seconded, if a grievance under the dispute resolution
process is not resolved by the Coordinating Committee pursuant to the above process, it shall
be referred to mediation. The mediator shall be selected by the Coordinating Committee from
a panel of at least 3 qualified mediators. The selection of a mediator shall be by a simple
majority vote of the Coordinating Committee members. Motion passed 7/0. (Hill absent)
(5.10.05) Ruehl moved, Love seconded, mediation shall be completed within 90 days of the
date on which the Coordinating Committee determines that it cannot resolve the grievance. If
the Coordinating Committee fails to make a determination regarding the grievance, the 90-day
mediation period shall commence when the 90-day period for Coordinating Committee
resolution of the grievance expires. Motion passed 7/0. (Hill absent)
(5.10.05) Arbitration -- Deferred -- need to complete.
(5.26.05) Arbitration -- Newman moved, LaBelle seconded, binding arbitration is the last step
for disputes and JP A grievances. Motion passed 6/2 with Miller and Ruehl dissenting.
2. Dissolution and Opt-out procedures, vote requirements
(5.10.05) Withdrawal. Turgeon moved, Newman seconded, the JPA should be amended to
allow a party to withdraw provided that any withdrawing party is required to continue to pay
its share of the debt service on the existing police facility until that debt is retired. The
withdrawing party should retain an equity interest in the existing police facility which may
only be redeemed in the event that the JP A is dissolved. Motion passed 6/2, with Miller and
Ruehl dissenting.
(5.17.05) Withdrawal notification process. Hill moved, Love seconded, a twenty two month
withdrawal notification process beginning in an even numbered year, with formal notification
of withdrawal by March 1, with an obligation to remain in the JP A until December 31 of the
next odd numbered year. The city withdrawing from the JPA would lose its vote on the
SLMPD Operating Budget, but would continue to pay operating costs, and received the same
level of service as the other member cities. Motion passed as a tentative agreement, 6/2, with
Miller and Ruehl dissenting.
(5.17.05) Penalty of withdrawal- Deferred-need to complete.
3. Formalized process to change document
Need to fmalize draft.
c.
Financial and Service Issues. Includinl! Fundin~ Formula
1. Funding factors
Tentative Agreements
Thru May 26, 2005
Page 3 of3
(5.26.05) Motion by Newman, seconded by LaBelle to change the operating budget funding
formula to the following fixed percentages -- Shorewood 49%, Excelsior 25.5%, Tonka Bay
16%, and Greenwood 8.5% with Tonka Bay and Greenwood sharing an additional as yet
unallocated 1 % between them. This formula is conditioned upon the binding arbitration
identified in item B.1. above and requirements that (1) the annual operating budget shall be
approved by a simple majority of the member city councils; and (2) the addition of any
personnel to the police department will require unanimous approval of the coordinating
committee. Motion passed 6/2 with Miller and Ruehl dissenting.
2. Definitions of "fair" and "equitable"
3. Level of service decisions, policing philosophy
4. Provide ability to determine budget contribution with Uniform Service Level for each
city
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South Lake Minnetonka Police Department
Issues Group Meeting
Thursday, May 26, 2005
SLMPD Public Safety Facility
Shorewood, Minnesota
MEETING SUMMARY
1. Convene the MeetiBf!
Bill Joynes, facilitator of the group, convened the South Lake Minnetonka Police Department
(SLMPD) Issues Group meeting of May 26, 2005 at 4: lOP .M. The following people were
present in addition to SLMPD Chief Litsey and SLMPD Deputy ChiefNieling:
Excelsior
Mayor Ruehl
Councilor Miller
City Admin. Whittaker
City Atty. Staunton
Greenwood
Mayor Newman
Councilor Saunders
Shorewood
Mayor Love
Councilor Turgeon
City Admin. Dawson
Tonka Bav
Mayor Keller
Councilor LaBelle
City Admin. Irvine
Mr. Joynes introduced Councilor Saunders to the group as an alternate for Councilor Hill from
Greenwood.
2. Review Tentative Al!reements from Meetinl! on 5/17/05
Mr. Joynes noted the tentative agreements attached to the meeting summary of May 17, 2005, for
the Issues Group. No comments were presented for correction.
3. Nel!otiations
Mr. Joynes explained the process being utilized in negotiations today, and noted each
City would be allowed to make a short presentation of remarks regarding remaining
issues of concern. Members of the Issues Group from each city then made brief remarks
regarding remaining issues of concern.
The Issues Group separated into four separate rooms, one room per City, for negotiation
and mediation efforts at 4:45 P.M.
The Issues Group concluded mediations and negotiations at 6:23 P.M. and returned to the
meeting room.
4. Recommendation to Member City Councils
Mr. Joynes noted a unanimous decision on the tentative agreements had not yet been reached;
however, a proposal would be presented to each member City Council for further consideration.
He then outlined a potential time frame for consideration of the proposal and tentative agreements
by the member Councils.
Newman moved, LaBelle seconded, Recommending the following proposal to the member
City Councils:
1. Shorewood's share ofthe funding formula would be 49%
SLMPD ISSUES GROUP MEETING SUMMARY
May 26, 2005
Page 2 of5
2. Excelsior's share of the funding formula would be 25.5%
3. Greenwood and Tonka Bay would have a total of 1 %, to be shared between the two
cities, over their current percentages.
4. Funding formula percentages are capped at the figures presented in this proposal
5. Any additional personnel to be added to the police department would require
unanimous approval by the Coordinating Committee.
6. Binding arbitration will be the fmal step for disputes and JP A grievances.
7. Budget approval is required by a majority of City Councils.
Motion passed 6/2, as a tentative agreement with Miller and Ruehl dissenting.
Mr. Joynes then reviewed the process for Council consideration of the proposal and tentative
agreements as presented in the process, noting the member city Councils would need to respond
by June 30,2005. The results would then be presented to the Coordinating Committee with a
decision on how to proceed with the remainder of the process being determined at that point.
He then thanked all parties present for their sincere efforts made on behalf of their respective
constituencies, thanked them for the opportunity to work with everyone, and wished everyone the
best ofluck in the future.
5. Other Matters
No other matters were presented.
6.
Adjournment
Mr. Joynes adjourned the meeting at 6:48 P.M.
RESPECTFULLY SUBMITTED,
Sally Keefe
Recording Secretary
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SLMPD ISSUES GROUP MEETING SUMMARY
May 26, 2005
Page 3 of 5
Tentative Aereements
Throueh 5/26/05
A.
Governance Issues
1. Coordinating Committee, term and size
(4.20.05) Turgeon moved, LaBelle seconded, that each City Council appoint a single
representative from each City Council, serving at the pleasure of that Council, to a one-
year renewable term on the Coordinating Committee, with the appointment defaulting to
the Mayor if the City Council fails to act. Motion passed 7/1, with Miller dissenting.
Miller's dissenting opinion: "Two representatives on the Coordinating Committee, such
as the Mayor and one council person, would represent each city better than one, provide
a greater diversity of opinion on issues and may even increase the efficiency of the
Coordinating Committee (Mr. Joynes noted that studies suggest the most efficient group
size is seven members). In addition, it could ensure that the Mayor would always be
represented on the Coordinating Committee whereas in the tentative agreement the
Mayor may be removedfrom the Coordinating Committee. However, Miller
acknowledges that the tentative agreement is an improvement in representation over the
current JP A. "
2. City Councils, Appropriate involvement
Deferred -- need to complete.
3. Police Chief, reporting relationship, accountability
(5.10.05) Love moved, Ruehl seconded, the Coordinating Committee shall act as a
"Clearing House" and intermediary in the accountability and information flow chain from
citizens to City Councils to the Committee to Chief or reverse. The Foundation list of
Regular Interval Reports is attached hereto. The Committee may request other ad hoc
reports and information as deemed appropriate by the Committee. Requests for
information may originate at any point in the chain but must follow the flow chart.
Motion passed 7/0. (Hill absent)
B.
JP A Process Issues
1. Process for handling disputes for minor grievances to major structural and funding
disputes
(5.10.05) Newman moved, Keller seconded, the JPA should be amended to include a
dispute resolution process. The process would be initiated by the filing of a written
statement of grievance by any member city. Member cities would be allowed to "grieve"
alleged misinterpretations or violations of the JP A but not disagreements regarding
proposed changes to the JP A. Once a grievance is filed, the Coordinating Committee
would be required to meet within 30 days to consider the grievance and would have up to
SLMPD ISSUES GROUP MEETING SUMMARY
May 26, 2005
Page 4 of5
90 days from that initial meeting to resolve the grievance. The 90-day time line could be
extended by mutual agreement of all member cities. Motion passed 7/0. (Hill absent)
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(5.10.05) Newman moved, Turgeon seconded, if a grievance under the dispute resolution
process is not resolved by the Coordinating Committee pursuant to the above process, it
shall be referred to mediation. The mediator shall be selected by the Coordinating
Committee from a panel of at least 3 qualified mediators. The selection of a mediator
shall be by a simple majority vote of the Coordinating Committee members. Motion
passed 7/0. (Hill absent)
(5.10.05) Ruehl moved, Love seconded, mediation shall be completed within 90 days of
the date on which the Coordinating Committee determines that it cannot resolve the
grievance. If the Coordinating Committee fails to make a determination regarding the
grievance, the 90-day mediation period shall commence when the 90-day period for
Coordinating Committee resolution ofthe grievance expires. Motion passed 7/0. (Hill
absent)
(5.10.05) Arbitration-deferred until a later meeting.
.
(5.26.05) Arbitration -- Newman moved, LaBelle seconded, binding arbitration is the last
step for disputes and JP A grievances. Motion passed 6/2 with Miller and Ruehl
dissenting.
2. Dissolution and Opt-out procedures, vote requirements .
(5.10.05) Withdrawal. Turgeon moved, Newman seconded, the JPA should be amended
to allow a party to withdraw provided that any withdrawing party is required to continue
to pay its share of the debt service on the existing police facility until that debt is retired.
The withdrawing party should retain an equity interest in the existing police facility
which may only be redeemed in the event that the JP A is dissolved. Motion passed 6/2,
with Miller and Ruehl dissenting.
(5.17.05) Withdrawal notification process. Hill moved, Love seconded, a twenty two .
month withdrawal notification process beginning in an even numbered year, with formal
notification of withdrawal by March 1, with an obligation to remain in the JP A until
December 31 of the next odd numbered year. The city withdrawing from the JP A would
lose its vote on the SLMPD Operating Budget, but would continue to pay operating costs,
and received the same level of service as the other member cities. Motion passed as a
tentative agreement, 6/2, with Miller and Ruehl dissenting.
(5.17.05) Penalty of withdrawal- Deferred-need to complete.
3. Formalized process to change document
Need to finalize draft.
C. Financial and Service Issues. Including: Funding: Formula
1. Funding factors .
4'-,'
SLMPD ISSUES GROUP MEETING SUMMARY
May 26, 2005
Page 5 of5
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(5.26.05) Motion by Newman, seconded by LaBelle to change the operating budget
funding formula to the following fixed percentages -- Shorewood 49%, Excelsior 25.5%,
Tonka Bay 16%, and Greenwood 8.5% with Tonka Bay and Greenwood sharing an
additional as yet unallocated 1 % between them. This formula is conditioned upon the
binding arbitration identified in item B.1. above and requirements that (1) the annual
operating budget shall be approved by a simple majority of the member city councils; and
(2) the addition of any personnel to the police department will require unanimous
approval of the coordinating committee. Motion passed 6/2 with Miller and Ruehl
dissenting.
2. Definitions of "fair" and "equitable"
3. Level of service decisions, policing philosophy
4. Provide ability to determine budget contribution with Uniform Service Level for
each city
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CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236
FAX (952) 474-0128. www.cLshorewood.mn.us.cityhall@cLshorewood.mn.us
MEMORANDUM
TO:
FROM:
City Council
Craig W. Dawson, City Administrator t-D
Larry Brown, Director of Public Works
June 9, 2005
Collection of Storm-Damaged Trees
DATE:
SUBJECT:
Trees throughout Shorewood were significantly affected by the severe storm on Wednesday morning,
June 8. Staffhas noted widespread and extensive damage throughout the City, and received many
inquiries from residents asking whether the City would be picking up tree and brush debris from private
properties and/or designating a site where they could drop off their debris.
The City experienced widespread tree damage from storms in the spring of 1998, and subsequently
developed a policy that was placed in the City's Emergency Operations Plan (see attachment). The
da111.age from the June 8 storm is significant, but staff does not believe it rises to the level of declaring an
emergency to implement the 1998 policy. Several residents apparently assume the policy is in effect for
this storm, as they are already taking their tree/brush debris to Freeman Park.
Whether the City should remove tree debris from storms is not always clear-cut. If properties are
incidentally affected or if relatively few properties are affected, it should be an individual responsibility.
When storm damage is more extensive and especially if it is more significant, then it's often viewed as a
general service that the City should provide. Public Works staff reports widespread damage, to the point
that probably a majority of properties have notable tree damage that will need to be hauled away
somehow. In staff's opinion, the tree damage from the June 8 storm is of a type and threshold for which
the policy should be applied.
Based on what we've seen within the past 30 hours (at the time ofthis writing), staff estimates that the
costs for City collection and processing of the tree/brush debris would be in the range of $50,000 -
$75,000. These costs come from the need to rent a tub grinder and/or tree mulcher, and the disposal of
tree waste. Based on past experience, when residents hear that the City will be picking up debris or that
they can haul their debris to a collection site, there will be other tree/shrub/brush waste that gets into this
waste stream. We will have some cost to process the tree waste that residents have already placed in
Freeman Park.
Financing: Technically, expenses for tree removal would come from the Street Maintenance program in
the General Fund. The Council may consider that monies in the balance of the General Fund be used for
these expenses, rather than to have the cost for this unforeseen emergency from the operating budget.
Public Information: Staff will provide public information through a variety of media following
Council's decision whether or not to provide City collection and a City collection site for storm debris.
n
t.J PRINTED ON RECYCLED PAPER '::tt- 4 D
Policy for Disposal of Tree and Brush Debris
Established 5/19/98 by the Shorewood City Council
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1. Residents are responsible for removal of tree trunks and stumps on
their own property.
2. Commercial tree removal firms are responsible for disposal of their
own disposal.
3. Only brushlbranches Oess than 6" by 8' long) may be placed off the
road, in the boulevard area for City pickup.
4.
Residents are encouraged to haul brush and limbs (6" or less in
diameter) to a designated area in Freeman Park or a designated area.
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5. Commercial haulers may not haul brush to Freeman Park or any
designated area.
6.
Island residents are encouraged to haul brush and limbs (6" or less in
diameter) to a designated location on the Islands.
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14
CITY OF SHOREWOOD
CITY COUNCIL MEETING
June 13, 2005
PUBLIC SIGN-IN SHEET
For the record, please print your name and address below. Thank you.
Name
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