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112398 CC Reg AgP .if. ,:r ... . ,,' CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, NOVEMBER 23,1998 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. Immediately following the regular portion of the meeting,. the Council will convene in Executive Session to discuss the status of litigation matters. No action will be taken at this time. AGENDA 1. CONVENE CITY COUNCIL MEETING A. Roll Call Mayor Dahlberg _ Stover _ O'Neill_ Garfunkel_ Champa _ B. Review Agenda 2. APPROVAL OF MINUTES A. City Council Work Session Minutes October 22, 1998 (Att.-#2A Minutes) B. City Council Regular Meeting Minutes October 26, 1998 (Att.-#2BMinutes) C. Canvassing Board Meeting Minutes November 4, 1998 (Att.-#2C Minutes) 3. CONSENT AGENDA, . Motion to approve items on Consent Agenda & Adopt Resolutions Therein: A. A Motion to Adopt a Resolution Approving a Setback Variance (Att.-#3A Proposed Resolution) Applicant: Kirk Davis Location: 5935 Seamans Drive Bo A Motion to Approve a Sign Permit for Waterford Shopping Center (Att.-#3B Planner's Memo) Applicant: Lifetime Chiropractic Location: 19905 Highway 7 C. A Motion to Approve a Sign Permit for Bayside Bank (Att.-#3C Planner's Memo) Applicant Bayside Bank Location: 23780 Highway 7 D. A Motion to Approve an Agreement for Rink Supervisory Services (Att.-#3D Proposed Agreement) \'., t , I ~ 'i. ., 1 ~. .. , . JIl i'( l:., ",~ CITY COUNCIL AGENDA. NOVEMBER 23, 1998 PAGE 2 OF 3 E. A Motion to Approve an Agreement with Southwest Trails Association for Trail Grooming Services (Att.-#3E Proposed Agreement) F. A Motion to Adopt a Resolution Amending the Development Agreement for R Bowman Second Addition (Att.-#3F Planner's Memorandum and Draft Resolution) G; AMotion to Approve the LMCIT Excess Liability Coverage and to Not Waive the Monetary Limits (Att.-#3G LMCIT Excess Liability Coverage Form) H. A Motion to Adopt a Resolution Approving a 1998 Budget Reallocation Amendment(Att.-#3H Proposed Resolution) 1. A Motion to Adopt a Resolution to Accept Turn-back Property from the State of Minnesota - Highway 7 Wayside Rest Area (Att.-#3I Proposed Resolution) NOTE: Give the public an opportunity to request an item be removedJrom the Consent Agenda. Comments can be taken or questions asked following removalJrom Consent Agenda. 4. MATTERS FROM THE FLOOR (No Council action will be taken;) 5. PARKS. Report by Representative A. Report on November 10, 1998 Park Commission Meeting (Att.-#5 Draft Minutes) B. A Motion Authorizing $5,000 in Park Funds to be Spent on Planning Design Work for a Freeman Park Multi-use Structure 6. PLANNING. Report by Representative A. Report on November 4, 1998 Planning Commission Meeting(Att.-#6A Draft Minutes) B. A Motion to Direct Staff to Prepare Findings of Fact Regarding a Conditional Use Permit for Outdoor Sales and Display (Att. #6B Planner's Memorandum a.k.a. the Pelican Brief) Applicant Merlin Dewing on behalf of Pelican Car Company Location: 19425 State Highway 7 7. DIRECTION REGARDING SENIOR HOUSING ORDINANCE AND MORATORIUM AND ON LAND USE SECTION OF TIlE COMPREHENSIVE PLAN ' ~r'-l .-... ~ ~ ..-- ..... ~ tI.l ~~ ij 2 ~ U"'Cj ~5 t~ 0 ::::s ~ ~ = S~ ~o fj~"'Cj ~ ~. ~ IJ;1Z ~~ .fa Us ~t3f:j U ~ = ~ '< ~..g. ~~ 0 "3 ~~ ~~ ~ ~ z~~ ~~ ~~..t a~e;g 1J;1~ ie z Sf ~o S,<~ e (0' ~ S ~~ - ...... ~~ ::J E;j ~ .~ ..... ~ , S::JZ-5 i~ ~:::: S~.t ~ra ~ ..... t:i ~ -<':J:I: t ..... 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'"" ~=~Q = ~o ~ r'-l -< ~~I-I .... .~ !~.>c ~ s .... cfJ ~ == ~r'-lccs ~~~; ~~ ~r'-l r'-l ::::s Q~i:i s~ "'Cj <~ d S~ S -< r'-l .~ "f~ ~ ..... <(. .~ u~ en o . . . ,.... 0 ""'0 0 ~~e ~u8 ~~ r'-l> !'l)~r'-l::::s ~ fZ B 0 ~~ ~~ Z~.,~"O >C' """ 00 0~8 oouo OU o ~....~' o Z Q i fl' Q u~ uUQ u~-c~ .~ =: ~ . ~ ~ ~ vi \45 . ~ '!"oj QO '!"oj '!"oj '!"oj '!"oj '!"oj ,..." ,...". . ~, , . , . j :1 ~ , ..~ r~ ~ .. ~ II ca. ... '0... CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (612) 474-3236 FAX (612) 474-0128. www.state.net/shorewood. cityhall@shorewood.state.net Executive Summary Shorewood City Council Meeting Monday, November 23, 1998 Agenda Item #3A: At its 26 October meeting the Council directed staff to prepare findings of fact approving a 14~foot rear yard setback variance for Kirk Davis at 5935 Seamans Drive. The variance allows Mr, Davis to build along an average setback line established by the homes on either side of his lot. Approval requires a four~fifths vote. Agenda Item #3B: Lifetime Chiropractic has applied for a sign permit for their new location in the Waterford Shopping Center. The permit is consistent with the Zoning Code and the overall sign plan, which was approved for the center. Agenda Item #3C: Having finally resolved their previous easement problems, Bayside Bank now requests a sign permit to replace the existing electronic message board with a stationary track message board with removable letters. Approval requires a simple - majority vote by the Council. Agenda Item #3D: This agreement is for rink supervisory services. The agreement is with Senior Community Services, and the work will actually be performed by Drew Kriesel, as was done last year, Agenda Item #3E: This agreement for trail grooming services with Southwest Trails Association is entered into annually and is the same as last year. Agenda Item #3F: In July the Council approved an amendment to a 1995 development agreement for the R Bowman Second Addition, The title company handling the recording of the amendment discovered that the original agreement was.never properly recorded, Since there are now several parties with an interest in the propeIty, anew development agreement has been prepared, including consent forms from all of the parties. Approval of the revised agreement requires a simple majority vote by the Council. Agenda Item #3G: This annual motion waives the statutory tort liability limits to $1,750,000. Agenda Item #3H: This motion approves reallocation of various budget items from the operating budget. Staff is recommending approval of this resolution. Agenda Item #31: This resolution declares acceptance of the deed to propeIty currently owned by the Minnesota Department of Transportation. This area is known as the old n f ~ PRINTED.oN RECYCLED PAPER .. Executive Summary for Council Meeting September 28, 1998 Page 2 of 2 rest area site along Excelsior Boulevard. Staff is recommending approval of this resolution. Agenda Item #8: The City had been contacted by Ron Johnson, 5355 Shady Hills Circle, requesting that the City use funds that he had previously paid as sump pump inspection charges to be credited toward his City utility billing. Staff finds this to be an unusual request and suggests that sump pump charges and quarterly utility billings be considered completely separate. Agenda Item #9: The City of Shorewood has annually participated in the Livable Communities Act. Cities are to have passed a resolution for 1999 by November 15. Because the City Council did not hold a meeting November 9, this resolution can be passed at the November 23 ,meeting. Agenda Item #10: The Council still needs to make an appointment to the Excelsior Fire . Department Review Committee. . The City of Excelsior is now recommending that the committee consist of one member of each city with a backup just as the original resolution had suggested. Agenda Item #11: The agreement for services with the Excelsior Fire Department is enclosed. It is a five year agreement for services. It needs to be adopted before the end ~~~~ . Agenda Item #12: The Item is acceptance of the utilities for the Lakeside Watermain Project, and levies the assessments for the total amount of the project. A public hearing is not necessary since this is a petitioned project and the petitioners have waived their right to appeal the assessments. Staff is recommending approval of the resolution and assessment role. Agenda Item #14: This ordinance makes amendments to the City's Discharge into Sanitary Sewer ordinance. CITY OF SHOREWOOD CITY COUNCIL WORK SESSION MONDA Y, OCTOBER 22, 1998 CITY COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. 1. MINUTES CONVENE CITY COUNCIL WORK SESSION DRA. frY . . '..' r I Mayor Dahlberg called the meeting to order at 7:07 p.m. A. Roll Call Present: Mayor Dahlberg; Council members O'Neill, and Champa; Administrator Hurm (arrived at 9: 12); Planning Director Nielsen; Telecommunications Consultant Lysiak; City Attorney Strommen Absent: Councilmembers Stover and Garfunkel . B. Review Agenda Mayor Dahlberg reviewed the Agenda for October 22, 1998. The agenda was accepted as presented. 2. DISCUSSION OF THE TELECOMMUNICATIONS ORDINANCE Planning Director Nielsen reviewed the Telecommunications Ordinance with the Council and stated that the Planning Commission held a public hearing on October 6, 1998. He stated that the Ordinance adopts standards for the zoning, setbacks, fall zones, and process for telecommunications towers that wish to locate in the City of Shorewood. Nielsen informed the Council that it is the Planning Commission's desire to have multiple users on towers within the City to avoid numerous towers. . A discussion was held regarding the height requirements between the Council, Mr. Lysiak and AT&T representatives. It was determined that the maximum height would remain 125 feet within City limits to allow for co-Iocaters on the towers. Jim Strommen, City Attorney, reviewed the issues of non-compliance and monitoring with the Council. He explained that these issues do coincide with FCC regulations and allow the City better control in situations of non-compliance. Mr. Lysiak explained and detailed the inter-modular studies that he would perform for the City if non-compliance was an issue. He explained the fee schedule for such an event and reviewed the frequencies that he tests for interference. Mayor Dahlberg thanked Mr. Strommen and Mr. Lysiak for their guidance on this Ordinance and questioned the stealth approach for telecommunications towers for Shorewood. Mayor Dahlberg stated that he would like to see the height of tower structures minimized and asked if the expense of this could be passed onto the tower users. #zA CITY COUNCIL WORK SESSION MINUTES OCTOBER 22, 1998 . PAGE 2 Mr. Strommen cautioned the City not to turn the Ordinance into a complete stealth model for towers. He stated that this is one standard criteria and that it could, lead to discrimination with the users that Shorewood provide sites for in that the City could appear to be unreasonable in their standards. The meeting was recessed at 8:40 p.m. The meeting reconvened at 8:54 p.m. Peter Beck, an AT&T representative, stated that the City of Shorewood needs to allow their residents a choice and chance at receiving telecommunication services. He explained that there is a great need for these services in this area. The Council agreed that aesthetics and health hazards are the residents' major concerns at this time. Mayor Dahlberg stated that the Council should let residents know that telecommunications towers are a phase. They may only be in the City for five to ten years. He stated that he would like to see a cooperative effort between the telecommunication . companies and the City with a commitment to the citizens of Shorewood in the process. 3. ADJOURNMENT Champa moved, O'Neill seconded adjourning the work session at 9:15 p.m. Motion passed 3/0. RESPECTFULL Y SUBMITTED, Heidi Wirth, Recording Secretary TimeSaver Off-Site Secretarial, Inc. ATTEST: TOM DAHLBERG, MAYOR . JAMES C. HURM, CITY ADMINISTRATOR .~~ " . . CITY OF SHOREWOOD CITY COUNCIL MEETING MONDA Y, OCTOBER 26, 1998 CITY COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. 1. MINUTES CONVENE CITY COUNCIL MEETING DRAfT Mayor Dahlberg called the meeting to order at 7:03 p.m. A. Roll Call Present: Mayor Dahlberg; Councilmembers Stover, O'Neill, Garfunkel and Champa; Administrator Hurm; City Attorney John Dean; Engineer Larry Brown; Planning Director Brad Nielsen. Absent: None. B. Review Agenda Mayor Dahlberg read the Agenda for October 26, 1998. O'Neill stated that he wanted Item 3D off the Consent Agenda and that it be moved to Item 4A. The agenda was accepted as amended. 2 . APPROVAL OF MINUTES A . City Council Regular Meeting Minutes - October 12, 1998 Champa moved, Garfunkel seconded approving the City Council Regular Meeting Minutes of October 12, 1998, as presented. The motion passed 4/0. (Dahlberg abstained). B . City Council Work Session Meeting Minutes - October 12, 1998 Stover moved, O'Neill seconded approving the City Council Work Session Meeting Minutes of October 12, 1998, as presented. The motion passed 4/0. (Dahlberg abstained). 3. CONSENT AGENDA Consent Agenda was modified as follows: Item 3D was removed for consideration as Item 4A. Garfunkel moved, Stover seconded approving the Motions contained on the Consent Agenda as modified, and Adopting the Resolutions therein: A. A Motion Adopting RESOLUTION NO. 98-096, "A Resolution Accepting Streets and Utilities - Smithtown Meadows" B. AMotion Adopting RESOLUTION NO. 98-097, "A Resolution Accepting Streets and Utilities - Marsh Pointe" ~2B " ~ CITY COUNCIL REGULAR MEETING MINUTES OCTOBER 26, 1998 - PAGE 2 C. A Motion Adopting RESOLUTION NO. 98-098, "A Resolution Accepting Bids and A warding Contract for Emergency Vehicle Pre-emption (EVP) Highway 7" D. See Item 4A below. E. A Motion to Approve a Sign Permit for Carlson Travel _ Waterford Shopping Center F. A Motion Adopting RESOLUTION NO. 98-099, "A Resolution Ratifying a Modifications to the Final Plat of Christmas Shore" Motion passed 5/0. 4. A. A Motion Adopting RESOLUTION NO. 98-100, "A Resolution Establishing an Absentee Ballot Board to Accept and Reject Absentee Ballots" Administrator Hurm reviewed this item with the Council. He stated that this board is allowed by State Statute to facilitate the absentee voting process, but does need Council authorization. . O'Neill moved, Stover seconded approving Resolution No. 98-099 establishing an Absentee Ballot Board to Accept and Reject Absentee Ballots. Motion passed 5/0. 4 . MA TIERS FROM THE FLOOR Mary Lou Swenson, 24745 Amlee Road, questioned the Council regarding the Wagner Property. She stated that she is concerned about the traffic flow for a future park expansion versus senior housing for the City. She stated that this land would be not only for Shorewood youth but also for children from surrounding communities. 5 . PARKS - Report by, Representative Commissioner Ken Dallman reported on the matters considered and the actions taken by the . Park Commission at their October 13, 1998 meeting (as detailed in the minutes of the meeting). Dallman stated that a lengthy discussion was held on the Wagner property but that no motion was taken at the meeting. 6. PUBLIC INPUT ON AND COUNCIL CONSIDERATION OF THE PURCHASING OF LAND ADJACENT TO FREEMAN PARK _ 25720 HIGHWAY 7 Mayor Dahlberg announced the public information portion of the meeting and solicited public comment regarding the purchase of the Wagner Property. Bernard Tischer, Chanhassen resident, explained that the South Tonka Baseball Association has used the fields in Freeman Park for a number of years. He stated that he would like to see the City purchase this land to make more fields available. He informed the Council that his organization is interested in helping financially, if need be. r;:- ...-. CITY COUNCIL REGULAR MEETING MINUTES OCTOBER 26, 1998 - PAGE 3 Chris Lizee, 27055 Smithtown Road, expressed some concern that the property in question is now under litigation, and asked if it is prudent for the city to get involved in buying this property at this time. Attorney Dean stated that the City is aware of the legal problems with the land, but that the concern of litigation is currently disengaged. He explained that the agreement is subject to cancellation according to Wagner's attorney. Bud Cook, Murray Street, stated that he hopes to see future monies put toward trails within the City and not for the Wagner Property. He wanted to know how far the City will go to tax the residents in the City. He asked that the Council be responsible and let the concerned citizens in on the Council's plan. Mr. Oark stated that the $237,000 is only the land purchase price, and that the Council needs to state their intention regarding the land and clarify to the citizens all other costs involved. Mayor Dahlberg stated that the fmancing issues are crucial for the purchase of this land. Garfunkel asked that residences not jump to conclusions on the ideas that have been thrown out. He reaffirmed that the Council is only brainstorming ideas for the use of the land and has not committed to a decision. . Commissioner Dallman stated that the Park Commission has discussed how this land could be used if it was purchased. The acquisition of this land would allow the park to be shifted to curb current parking and ballfield problems. It was also discussed that the Commission could allow a telecommunications tower on the property to profit from rent. Roy Swenson, 24745 Amlee Road, stated that he has spoken with several conservative past Councilmembers. He stated that he would like to see a senior citizen housing development on the Wagner Property. Chris Lizee questioned when a recommendation would be made by the Ad Hoc Land Conservation Committee. Administrator Hurrn stated that a decision from the Ad Hoc Committee could include a conservation easement on the parcels sometime in November. . Another concerned resident stated that the City needs to take care of pre-existing problems and not take on any additional expenses. Garfunkel stated that money will still be needed for current problems but the land 9PPOrtunity is available for the City right now. Cathy McDougle, 25425 Mann Lane, stated that she felt Freeman Park was a wise purchase and that she hopes to see some of the space left vacant for green space, as well as for ballfields. Stover stated that there are several options for the Wagner Property that the Council is considering. She explained that the Council would consider a clear purpose while proceeding with the proposed land acquisition. O'Neill stated that only time has been spent on this issue thus far and that many options are available for this land. Garfunkel stated that there are many factors behind this issue and that with the public comments, the Council will consider this issue at another work session to get down to the mam Issues. ........ "'); CITY COUNCIL REGULAR MEETING MINUTES OCTOBER 26, 1998 - PAGE 4 7. PLANNING - Report by Representative Commissioner Bailey reported on the matters considered and the actions taken by the Planning Commission at their October 20, 1998 meeting (as detailed in the minutes of the meeting). A. A Motion to Adopt Telecommunications an Ordinance Regarding Planning Director Nielsen reviewed the Telecommunications Ordinance with the Council and the recommendations. of the Planning Commission. He stated that this Ordinance would allow the City to regulate the location and structure of towers to C-3 and C-4 zoning districts and to public property. Nielsen handed out new language for the buffer/setback regulations from the Council work session recommendations. He reminded the Council that the moratorium on this issue expires at the end of October. O'Neill moved, Garfunkel seconded adopting the Telecommunications Ordinance including the additional language for Item #9. Motion passed 5/0. . B. A Motion to Direct Staff to Prepare Findings of Fact Regarding a Setback Variance Applicant: Kirk Davis Location: 5935 Seamans Drive Planning Director Nielsen offered a summary of the variance requested, and mentioned an amendment to the variance that Mr. Davis requested since the last Planning Commission meeting. Nielsen stated that the Commission will be reviewing the rear yard setback ordinance in the near future to address the issue of average setbacks. Karen Coune, co-owner of the property on Seamans Drive, reminded the Council of the difficulties in working with an existing home. She stated a porch is needed for protection from mosquitoes, which possibly would then necessitate a hardship in Minnesota. Planning Director Nielsen explained the "average setback" as to how a 14-foot compromise . was arrived at. Stover expressed some concern regarding timing, and asked to amend the approval from just findings. of fact to variance approval, to allow the building permit to be issued. Stover moved, Garfunkel seconded approving a Setback Variance for Kirk Davis at 5935 Seamans Drive and directed staff to prepare Findings 0 f Fact. Motion passed 5/0. 8 . CONSIDERA TION OF A MOTION ACCEPTING CHANGES TO RESOLUTION NO. 98-081 CONTAINED IN DEEPHA YEN'S RESOLUTION REGARDING FIRE DEPARTMENT REVIEW COMMITTEE Administrator Hurm reviewed this issue with the Council. He stated that this is not an agreement, but rather an amendment to the agreement. He stated that several cities have changes that need Shorewood's approval. He then went on to explain the proposed Fire Department's Review Committee. ~ rlo CITY COUNCIL REGULAR MEETING MINUTES OCTOBER 26, 1998 - PAGE 5 Mayor Dahlberg stated that he would be interested in staying involved in managing the basic government services. Stover stated that volunteer firemen in the City may be interested in being present at these meetings. Mayor Dahlberg agreed with this but felt elected officials should be the ones with voting power. He stated that this committee only makes recommendations but that these are going to be taken seriously by the City of Excelsior and will need to be reported back to each of the cities' councils. Champa moved, O'Neill seconded accepting changes to Resolution No. 98- 081. incorporating changes suggested by the City of Deephaven, and directed Staff to redraft language regarding votes and number 0 f representatives. Motion passed 5/0. 9. ADMINISTRA TOR & STAFF REPORTS A . Staff Report on Development Monitoring Staff reported that the Mary Lake Woods project is going well. . 10. MA YOR AND CITY COUNCIL REPORTS Mayor Dahlberg reported on petitions received from residents on Ridgewood Road for utilities to be underground. He stated that this item would be discussed at a future meeting. 11. ADJOURNMENT Champa moved, Garfunkel seconded adjourning the regular meeting at 9:02 p.m. subject to the approval of claims. Motion passed 5/0. RESPECTFULLY SUBMITTED, Heidi Wirth, Recording Secretary TimeSaver Off-Site Secretarial, Inc. . ATTEST: TOM DAHLBERG, MAYOR JAMES C. HURM, CITY ADMINISTRATOR . . CITY OF SHOREWOOD CANVASSING BOARD WEDNESDAY, NOVEMBER 4, 1998 DRAfT COUNCIL CHi 5755 COUNTR' 5:00 P.M. MINUTES 1. CALL TO ORDER The Shore wood City Council Canvassing Board convened at 5:00 p.m. on Wednesday, November 4, 1998 upon arrival of a quorum, to review the local election results from the General Election held November 3, 1998. Roll Call Present: Mayor Dahlberg; Counci1members Stover, and Garfunkel; and City Administrator Hurm. Absent: Councilmembers O'Neill and Champa. 2. CANVASS OF ELECTION The Council reviewed a "Resolution Accepting Local Election Results" for the local election held Tuesday, November 3, 1998 as presented by the Election Judges of aU four Shorewood precincts. Garfunkel moved, Stover seconded, to adopt Resolution No. 98-101 "a Resolution Accepting Local Election Results". Motion carried unanimous by Roll Call Vote. In the case of a requested recount the City Courtcil must establish an amount necessary to cover expenses of the recount. In the case of discretionary recount in this local election, the requesting candidate is responsible for expenses. Stover moved, Garfunkel seconded, to set a bond, cash, or surety in the amount of $250.00 as a flat fee. This is. the best estimate of direct costs for a discretionary recount. Motion passed unanimously. 3. ADJOURNMENT Garfunkel moved, Stover seconded, to adjourn the Canvassing Board for the 1998 Local Election at 5:02 p.m., Wednesday, November 4, 1998. Motion passed unanimously. ATTEST: TOM DAHLBERG, MAYOR JAMES C. HURM, CITY ADMINISTRATOR If z. e-, . . ~') CITY OF SHOREWOOD RESOLUTION NO. 98- A RESOLUTION GRANTING A SETBACK VARIANCE TO KIRK DAVIS WHEREAS, Kirk Davis (Applicant) is the owner of real property located at 5935 Seamans Drive, City of Shorewood, County of Hennepin, State of Minnesota, legally described in Exhibit A. attached hereto and made a part hereof; WHEREAS, the Applicant has an existing single-family dwelling, which dwelling is located approximately 54 feet from the rear lot line; and WHEREAS, the Applicant has applied for a 16-foot variance to construct an addition on the east side of the building; and WHEREAS, the Applicant's request was reviewed by the City Planner, whose recommendations are included in a memorandum, dated 30 September 1998, a copy of which is on f11e at City Hall; and WHEREAS, after required notice a public hearing was held and the application reviewed by the Planning Commission at a regular meeting held on 6 October 1998, the minutes of which meeting are on me at City Hall; and WHEREAS, the City Council considered the application at its regular meeting on 26 October 1998, at which time the Planner's memorandum and the Planning Commission's recommendations were reviewed and comments were heard by the Council from the Applicant and from the City staff; and WHEREAS, the City staff was directed by the City Council to prepare a resolution setting forth Findings of Fact and Conclusio~s approving a 14-foot variance to construct the addition. NOW, THEREFORE, BE IT RESOL YED by the City Council of the City of Shorewood as follows: FINDINGS OF FACT 1. That the subject property is located in an R-1A, Single-Family Residential zoning district which requires a 50-foot setback from the rear property line. 2. That the existing building on the property is located approximately 54 feet from the rear property line, and that an existing deck on the rear of the existing building is approximately 44 feet from the rear property line. 3 . That the existing home was built in 1969. 4. That a boundary line discrepancy which was finally resolved in 1991 resulted in the subject property having approximately 16 feet less depth than originally known to be. if.JA. ... 5 . That structures located on the lot immediately south of the subject property are as close as 23.5 feet from the rear property line, and the average rear yard setback for the two adjoining properties is approximately 36 feet. 6 . That the property located to the east of the subject property is used as a golf course. CONCLUSIONS 1. That the Applicant has satisfied the criteria for the grant of a 14-foot variance under the Shorewood City Code and has established an undue hardship as defmed by Minnesota Statutes. ") That based upon the foregoing, the City Council hereby grants to the Applicant a setback variance of fourteen feet. . 3 . That 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 23rd day of November, 1998. TOM DAHLBERG, lVIA YOR ATTEST: . JAMES C. HURM, CITY ADMINISTRATOR -2- ~ ~ :tv1EMORANDUM . TO: FROM: DATE: RE: FILE NO. CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (612) 474-3236 c FAX (612) 474-0128 . www.state.neUshorewood . cityhall@shorewood.state.net Mayor and City Council Brad Nielsen 16 November 1998 Sign Permit - Lifetime Chiropractic (VV aterford Shopping Center) 405 (Sign Permits) SignArt Company, Inc., on behalf of Lifetime Chiropractic, has requested a sign permit for a new tenant of the Waterford Shopping Center located at 19905 Highway 7. The sign consists of individual, internally lit letters as shown on Exhibit A, attached. Consistent with the previously approved overall signage plan for the center, the sign will be located within the designated signage band across the front of the building (see Exhibit B). The plan is consistent with previous approvals and it is recommended that the permit be granted. . If you have any questions relative to this matter, please do not hesitate to contact my office. cc: Jim Hurm Anne Lovett ..~ " . 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NlJJi'~iiNWn NOJN --- j--- . :i =1 .....~-- -- ~ -----. $!:WI ::WU8:-t ..11t --....---<- ~'NW\:~ ._._-_.~-.-._- "':>WIta., 3NON k - ~~- ....~...::w~:r ----~---._. B6IrWI AOIJI>! l"J ~ 0:> so~'mvl m>J3r ~-----1l0 ~ -.8 ~ -----------------~---------------- --.-. . . \f10S:JNNlVV Cil::J'vVdOWIO :JVVIHJn ~ ...... .,... ,.Q . ,... ..= ~ ~ .2./J/k/V';:?J-L Z/ 3/~ O)J/. )-----U I nJ Sl-vyA 5> /v/d fyJ-b . ~ CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331~8927. (612) 474-3236 FAX (612) 474-0128 . www.state.net/shorewood . cityhall@shorewood.state.net MEMORANDUM TO: Mayor and City Council . FROM: Brad Nielsen DATE: 17 November 1998 RE: Sign Permit - Bayside Bank FILE NO. 405 Sign Permits . Nordquist Sign Co., representing the Bayside Bank at 23780 Highway 7, requests approval of a permit to replace existing signage on the site. The existing pylon sign has contained space for the business name (formerly Kerber Financial) with a time and temperature display below it. Bayside Bank would like to replace the business name to their own, and replace the electronic time/temperature display with a two-line (non- electronic) message board (see Exhibit A, attached). Exhibit B shows the location of the pylon sign on the property. The pylon sign contains 81.5 square feet and is less than 20 feet in height. The building silhouette contains approximately 1232 square feet of area. The zoning code allows commercial buildings to have up to three signs, totaling 10% of the building silhouette as viewed from the street. The bank will have 41.7 square feet remaining for additional signage should they apply for future sign permits. Based on the preceding it is recommended that the applicant's permit be approved as requested. If you have any questions relative to this matter, please do not hesitate to contact me. cc: Jim Hurm Laura Alexander 3 ~ t,~ n .. ~ PRINTED ON RECYCLED PAPER ... . . NOV-12-98 THU 16:01 (~ -) ...., /' If;tlI .!J> ~ w~ . h- ~ 1\ ,,, ~ .;: '" 2! 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I' __ ~v I-'.,~ . ~ s I '" '-~ ~~ I ' I ~ 't \C'l \"t) ... (]' ~ 1:-. o (]' <.ocr- t'- .Q l. ":J '--' I I ~ ") I I .ljPuo~.s:/ I I~ :>VO;) J I ~ C ) I <- - Ii ~ .1 I ----,; CJ 0 f I L~_J_~-1 :Jvo -: '" ~ C) 'C:.. ~""J.... <S' '~ t-'(.. ~ ~~ -::. ~.... ~ ..-o..,~ -1' ..r <:) -", .., c.- _ oJ 0- .::> -,.."'0- t)..-- '-~.f"\ ___ ?- ~;- -" -..- oJ t:: o ~ <$'\ ~ o ~ .... -::> ~ .- <:P ,... ~ s.<!", 0 . _ C>" qJI7;) '':JUO;) G~ '20{ I ( ~/H ) /" .C; ~ u ~ -C\ \:.. ..... ~ \- /'\ ~- ------- ~ , ~ ... .- r--- ~ ~:a ........ ~ ~ ~ (" ):. ~ :t ~ ~\ \ \ \ ~ \ CJ __J \ <. --r- ~ j. c{) 6- -::x: \ ~ ~ ~ t 0::8 .. , . . CONTRACT FOR SKATING RINK SUPERVISORY SERVICES THIS AGREEMENT is entered into this _day of November, 1998, by and between the City of Shorewood, a Minnesota municipal corporation (City), and Senior COIrnm~nity Services. a Minnesota non-profit cOl:poration (Contractor). WHEREAS, City is a Minnesota-municipal corporation engaged in the business of providing municipal services; and WHEREAS, City desires to retain Contractor pursuant to this Agreement to render warming house supervision services for the City; and WHEREAS, Contractor possesses the required experience and expertise for the performance of the required services. NOW THEREFORE, the parties agree as follows: 1 . Scope of Services. Contractor will provide warming house supervision services to the City of Shorewood and undertake other activities necessary to accomplish the objectives set forth herein. Specifically, the Contractor shall provide the following services under the terms of this Agreement: a. Contractor is responsible for the supervision of all rink attendants from 5:00 p.m. until 9:00 p.m. (Mondays-Thursdays), 5:00 p.m. until 10:30 p.m. (Fridays), 9:00 a.m.-l0:30 p.m. (Saturdays), and 12 Noon until 9:00 p.m.(Sundays). b. Contractor will monitor warming houses, check for cleanliness, needed repairs, inspect equipment, etc. c. Contractor will monitor rink attendants, performing "spot checks" to make sure attendants are present and properly performing their jobs. d. Contractor will oversee work schedules and be prepared to attempt to locate replacement rink attendants. e. Contractor will track ice conditions through the City's Public Works Department and radio/television weather reports and inform rink attendants if rink should be posted as "Closed". t3D f. Contractor will keep City Staff informed of incidents and accidents. g. Contractor will coordinate work with the City's Parks Secretary and the City's Executive Secretary/Deputy Clerk. h. Contractor shall prepare a daily Shift Report indicating the time at which contacts were made at each of the three rinks, and any other relevant information. These shift reports will be given to the City's Parks Secretary on a weekly basis. 1. Contractor shall provide any necessary equipment and shall be responsible for all costs associated with performance of Contractor's obligations under this Agreement, including but not limited to necessary equipment, transportation and required insurance. J . Contractor shall perform all work and services required pursuant to this Agreement in a worker like and professional manner and in accordance with industry standards. k. Contractor shall utilize Mr. Drew Kriesel, presently of 5425 Howards Point Road, Shorewood, Minnesota, to perform the services required pursuant to this Agreement. 2. Time and Performance. The term of this Agreement shall be for the 1998-1999 outdoor skating season and, depending on the weather, will begin on or around December 15, 1998 and will terminate approximately March 1, 1999 (the ''Termination Date") unless terminated earlier pursuant to this Agreement. 3 . Compensation. Compensation to the Contractor will be in an amount not to exceed $125.00 per week for the period set forth in this Agreement. The Contractor shall be responsible for billing the City on a montWy basis. All compensation due under this Agreement shall be paid in accordance with the City's general payment practices upon receipt of an invoice from the Contractor. If the Agreement should be terminated for any reason prior to the Termination Date, the Contractor will be compensated on a pro rata basis for the period of time that this Agreement was in effect. Contractor shall pay any and all taxes due to federal, state, and local governments, and the City shall not withhold any amounts therefor. In addition, the Contractor shall be responsible for any necessary workers' compensation and unemployment insurance required for the individuals performing services hereunder, and the City shall have no obligation whatsoever in this regard. 2 r " . . .. 4. Independent Contractor. Contractor is an independent contractor and neither it nor any of its employees or agents performing services hereunder shall be an employee of the City. Contractor shall retain control over the manner and means of the work set forth above. Contractor understands and acknowledges that the City shall not provide any benefit of any type in connection with this Agreement, including but not limited to health or medical insurance, workers' compensation insurance, and unemployment insurance. 5 . Insurance. Contractor shall provide evidence of and shall maintain automobile insurance with comprehensive and liability coverage, and general liability insurance in amounts and in forms satisfactory to City and shall name the City as an additional insured in the policies. Contractor shall maintain Workers' Compensation insurance in compliance with all applicable statutes. . All insurance called for pursuant to this Agreement shall be provided at Contractor's expense. Nothing herein shall be construed as a waiver of any limits on the types or amounts of liability to which the City is entitled under law, with the City's liability being governed by the provisions of the Municipal Tort Claims Act, Minnesota Statues, Chapter 466, as now in force or hereafter amended. 6. Termination. If either party fails to perform their obligations under this Agreement, either party may terminate this Agreement under such conditions by giving written notice of the intention to terminate to the other party at least thirty (30) days prior to such termination. , . Upon termination of this Agreement, either by operation of the Agreement or by written notice of either party, the Contractor shall immediately return to the City all property and records of the City in Contractor's possession, shall discontinue the providing of any services to the City, and shall discontinue any representation that Contractor is providing services to the City. 7. General Terms and Conditions. a. Contractor shall provide all necessary equipment used by the Contractor, and Contractor will work out of its own office space. b. Contractor shall control its own schedule of work hours as necessary to complete the agreed services. 3 .. c. Any and all reports, and other work products, whether completed or not, that are prepared or developed by the Contractor as a part of this Agreement shall be jointly owned by the City and the Contractor and shall be made available to the City promptly at the City's request or at the termination of this Agreement. d. Contractor shall be able to: lift 25 lbs. above the shoulder; push, pull, and carry snowblower, shovel, hockey nets or vacuum cleaner; and bend, stoop, or reach. e. Contractor shall have the ability to handle people tactfully and effectively. f. Contractor shall be properly trained and able to handle emergency situations. g. Contractor shall accurately maintain records. 8 . Indemnification. Contractor shall defend, indemnify and hold harmless the City, its elected officials, officers, employees, agents and representatives, from and against any and all claims, . costs, losses, expenses, demands, actions or causes of action, including reasonable attorneys' fees and other costs and expenses of litigation, which may arise or purportedly arise out of this Agreement for services provided by the Contractor hereunder. Nothing in this paragraph shall be deemed to be a waiver by the City of any limitations on liability set forth in Minnesota Statutes, Chapter 466. 9. Compliance with Laws. Contractor agrees to comply with all laws, ordinances and regulations of Minnesota and the City applicable to this Agreement and the performance called for thereunder. This Agreement shall be construed and enforced according to the laws of Minnesota. " 10. Severability. In the event that any provision of this Agreement is held to be invalid, illegal . or unenforceable by any court of competent jurisdiction, such holding shall pertain only to such section and shall not invalidate or render unenforceable any other provision of this Agreement. 11. Preamble and Recitals. The preamble and recitals set forth on page one of this Agreement are incorporated into and made a part of this Agreement. 12. Paragraph and Section Headings. The paragraph and section headings used in this Agreement have no legal significance and are used solely for convenience of reference. 13. Entire Agreement: Amendment. This Agreement and its Exhibits attached hereto, if any, evidence the entire agreement between the parties relating to the subject matter addressed herein and 4 supersedes all other prior agreements and understandings, written or oral, between the parties. Any alterations, variations, modifications. or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties hereto or their successors. 14. Binding Effect: Non-Assignment. This Agreement shall be binding upon and inure to the benefit of all the parties hereto. their heirs. executors. administrators. permitted assigns and successors in interest. The parties hereto agree that neither party shall assign. sublet. transfer or pledge this Agreement and/or the services to be performed hereunder. whether in whole or in part. without the prior written consent of the non-assigning party. 15. Notices. Any notices or correspondence required to be given under this Agreement or any . statute or ordinance shall be in writing and shall be deemed to be given if delivered personally or mailed postage-prepaid by certified mail. return receipt requested: (a) As to the Contractor: Senior Community Services . (b) As to the City: Mr. James C. Hurm City Administrator CITY OF SHOREWOOD 5755 Country Club Road Shorewood. MN 55331-8927 or at such other address as either party may. from time to time. notify the other in writing in accordance with this paragraph. 5 IN WITNESS THEREOF, the parties have caused this Agreement to be executed as of the date first written above. Dated: CONTRACTOR: SENIOR COMMUNITY SERVICES By Its By Its Dated: CITY: CITY OF SHOREWOOD By Its Mayor By Its City Administrator 6 "" . . AGREElVIENT FOR THE GROOMING OF LRT TRAIL The following is an agreement between the Southwest Trails Association and the City of Shorewood, with regard to the grooming of the Light Rail Transit Trail and Freeman Park cross- country ski trail within City limits. The City of Shorewood . Acknowledges the Southwest Trails Association as the only groomer of trails within the Shorewood City limits other than Public Works upon notification. . Will publicize grooming patterns and days through the City Newsletter and Sun Sailor. . Will monitor the Southwest Trails Association grooming process. Southwest Trails Association . Shall provide work on a volunteer basis for the City of Shorewood. All members of the Southwest Trails Association will serve the City of Shorewood without compensation. . Shall maintain liability insurance in the amount of at least $1,000,000 which wililist the City of Shorewood as an additional insured. . Will, from December 1 to March 31, groom the Light Rail Transit Trail (LRT) within the city limits of Shorewood. . Will commit to grooming the trail flat at least once a week, and no more than two days following a snowfall provided there is a minimum of 4" to 6" base. . Will notify either the South Lake Minnetonka Safety Department or Shorewood City Hall as to any problems which may delay or stop the grooming of the LRT trail in the specified time listed above. . Shall indemnify and hold the City of Shorewood harmless against any and all claims arising out of this agreement. These understandings and rules may be amended froIn time to time by the City of Shorewood upon notice to Southwest Trail Association. . Southwest Trail Association Date City of Shorewood Mayor Date City of Shorewood City Administrator Dare \~: 1 t j j , #3E ." CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331.8927. (612) 474-3236 FAX (612) 474-0128 . www.state.netishorewood . cityhall@shorewood.state.net MEMORANDUM . TO: Mayor and City Council FROlVI: Brad Nielsen DATE: 19 November 1998 RE: R Bowman Second Addition FILE NO. 405 (94.10) . In July of this year the City Council approved a resolution amending a development agreement for the above-referenced project The amendment was considered a housekeeping matter, correcting a typographical error. As explained in a letter, dated 27 October, from Richard Rossow (see Exhibit A), the title company handling the recording could not record it since the original owner of the property is no longer the sole owner. To remedy this, a revised development agreement has been prepared with consent forms from all parties having an interest in the property attached. Exhibit B is a draft resolution authorizing the Mayor and City Clerk to enter into the agreement. If you have any questions relative to this matter, please do not hesitate to contact me prior to Monday night's meeting. cc: Jim Hurm John Dean n .. .. ;:l::;i~JTED ON .=-1E:"'::"=: ?A?==::: .. *.Jr:' LANG, PAULY, GREGERSON & ROSOW, LTD. ATTORNEYS AT LAW U.S. BANK PL\CE !6oo PARK Bun.DlNG 650 THIRD AVENUE SOUTH MINNEAPOLIS. MINNESOTA 55402-m7 TELEPHONE: (612) 338-0755 FAX: (612) 349-6718 :.' ~S9F -:'~J_________ ..-.------- il.ORERT I. LANG ROGER A. J>AIlL Y DA VlD H. GREGERSON. RiCHARD F. ROSOW. MARK J. JOHNSON JOSEPH A. NILAN" mOD ...... SA TTI..ER JENNIFER M. lNZ JAMES W. DELAl'LAJN" EDEN PRAlRJE omCE SlTIE .170 ;:"</1 PRAlRJE CEN"lER DRIVE EDEN PRAIRIE. MN S5J.U TEWHONE: (61:1 S".,9-73S5 !'AX; (tol:) ~Q4I7U illt"fTO Mll-I1'<c..lJ'OUS OFF ",\Jso admlrrerlll1 Wisf.;on,m +C.n~ied .. . Rool Pmpenv Spec13list By the Minne50ta State Bar Anociation October 27. 1998 . Mr. Robert Larson City of Deep haven City Hall 20225 Cottagewood Road Deephaven, MN 55331 Mr. Bradley 1. Nielsen City of Shorewood City Hall 5755 Country Club Road Shorewood, NfN 5533 \ . RE: Developers Agreement - R Bowman Second Addition Gentlemen: Enclosed please a revised Developers Agreement for the R Bowman Second Addition. As I have discussed with both of you, the original Developers Agreement for this subdivision was not r:ecorded and this was discovered during the recent closing on the sale of a lot by Mr. Bowman. It is my understanding that both Cities desire to have the Developers Agreement recorded. The title company has informed us that the original agreement would no longer be accepted for filing since it identifies Richard Bowman as the owner of all of the property platted as R Bowman Second Addition. The lots in R Bowman Second Addition have been sold to individual homeowners and so it is no longer within Bowman' s power to independcntly have recorded against the property the original agreement. f-,,"; b;t A. LANG, PAULY, GREGERSON & ROSOW, LTD. iYlr. Roben Larson Mr. Bradley J. Nielsen October 27. 1998 Page 2 The revised Developers Agreement enclosed with this letter corrects that problem by identifYing that Bowman is the owner of only certain portions of the property and further by attaching Consents by the owners and mortgagees on the individual lots that have been sold. We have also. correctly identified in this revised Developers Agreement the reference to the execution date of the Developers Agreement ofR. Bowman Addition, which this Agreement supersedes. . At this time I believe it is necessary for both Cities to pass resolutions approving the Developers Agreement and authorizing execution. We will contemporaneously herewith submit the Agreement to the individual lot owners and their mortgagees for execution and attach fully executed Consents to the Agreement executed by both.Cities. On completion of the execution by an of the relevant parties, we will see that the Agreement is ffied for record as was the original intent. If you have any questions, please do not hesitate to contact me. Very trllly yours, " " GERSON & ROSO\V, LTD. . RFR/smk Enclosure cc: R. James McNulty, Jr. McNulty\Deepbaven-Shorewood. I 02198 CITY OF SHOREWOOD RESOLUTION NO. 98 - A RESOLUTION AiVIENDING DEVELOPMENT AGREEiVIENT FOR R BOWMAN SECON1> ADDITION . .WHEREAS, the final plat of R Bowman Second Addition was approved by the City Council on the 10th day of October, 1994; and 'WHEREAS, the City required the developer of R Bowman Second Addition to enter into a Development Agreement entitled Cities of Shorewood and Deephaven Development Agreement R Bowman Second Addition. made as of the 12th day of April. 1995 by and between the City of Shorewood, the City of Deephaven. and Richard A. Bowman as the Developer; and WHEREAS, the Development Agreement contains a condition in paragraph 4 that until such time as Outlot A is replatted Outlot A is not to be transferred or conveyed separately from Lot 1, Block 1, R Bowman Addition, and Lot I, Block 1, R Bowman Second Addition shall not be transferred or conveyed separately from Outlot A; WHEREAS, the reference to Lot 1, Block 1, R Bowman Second Addition is in error and should have been reference to "R. Bowman Addition" instead; and NOW, THEREFORE, BE IT RESOLVED, by the Cicy Council of the City of Shorewood as follows: . 1. That paragraph 4 of the Developer's Agreement referred to above is hereby amended by deleting the phrase "R Bowman Second Addition" in the fourth line of paragraph 4 and replacing it with the phrase: "R. Bowman Addition." 2. That the Mayor and City Clerk are hereby authorized to execute the attached revised Development Agreement on behalf of the City Council. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREvVOOD this 23rd day of November, 1998.' ATTEST: Tom Dahlberg, Mayor James C. Hurm, City Administrator/Clerk ~~,l:J;+ f; CITIES OF SHOREWOOD AND DEEPHAVEN DEVELOPMEl'll AGREEMENT R BOW1v1AN SECOND ADDITION THIS AGREEMENT, is made as of the 121h day of April 1995, by and between the CITY OF SHOREWOOD, hereinafter referred to as "Shorewood," the CITY OF DEEPHA YEN, hereinafter referred to as "Deephaven.," each a Minnesota municipal corporation. and RlCHARD A. BOWMAN, a single person. hereinafter referred to as the "Developer." WHEREAS, the Developer is the fee owner of Outlot A, R Bowman Second Addition and Lot 1, Block 1, R. Bowman Addition and the developer of certain lands (including those afor.esaid mentioned) legally descnbed in Exhibit A, attached hereto and made a part hereof, which lands are hereinafter referred to as the "Subject Property"; and . WHEREAS, the Subject Property is located partially within the City of Shorewood and partially within the City of Deephaven: and WHEREAS, the Developer has made application under the Shorewood and Deephaven Subdivision Ordinance for City Council approval of a single-family residential development plat or the Subject Property, said plat to contain approximately 2.5 acres divided into one (I) lot in the Shorewood portion and 9 .18 acres divided into one (1) lot, one outlot in the Deephaven portion and one (1) lot located partially in Shorewood and partially in Deephaven (the "Development"); and WHEREAS, the Shorewood City Council by its Resolution No. 94-54 adopted on June 27, 1994, has approved the preliminary plat of the Subject Property subject to conditions; and . WHEREAS, the Developer has now submitted its final plat for the development of the Subject Property, which plat is attached hereto and made a part hereof as ExhIbit B; and WHEREAS, the Shorewood City Council by its Resolution No. 94-83 adopted October 10, 1994, and the Deephaven City Council by its Resolution No. 7-95 adopted February 6, 1995, incorporated herein as Exhibits C and D respectively, have approved the final plat of the Subject Property subject to conditions; NOW, THEREFORE, in consideration of the foregoing premises and acceptance by Shorewood and Deephaven of the final plat ofR Bowman Second Additio~ Shorewoo<L Deephaven and the Developer agree as follows: I. Conditions of Aooroval. a. That Lot 3 will be accessed via Vine Street. b. That Lot I will be accessed by Manor Road. . . c. That Lot 1 shall not be resubdivided in the future. d. That structures built on Lot 2 wl1l treat the municipal boundary between Shorewood and Deephaven as a property line, maintaining required setbacks. No structure shall be located within ten (10) feet of the municipal boundary line. e. That Lot 2 shall not be resubdivided. in the future. f. Lot 2 will be accessed by the driveway located in Bowman Court untl1 such time as Bowman Court is constructed. to City of Shore wood design standards and said access to Lot 2 shall thereafter be from the public street, Bowman Court. ,., .:... Imorovements within Plat. No improvements are contemplated to be installed within the plat at this time. Developer acknowledges that the public street platted as Bowman Court is not now open and is not now maintained or plowed by Shorewood or Deephaven and that neither city has any intention or obligation to open or maintain said street. Developer agrees that in the event Developer constructs a sewer lateral line, such lateral line shall be in Bowman Court and shall be constructed and installed in accordance with engineering plans and specifications approved by the Shorewood and Deephaven City Engineers and the requirements of applicable City ordinances and standards, and that all said work shall be subject to final inspection and approval by the City Engineers of Shorewood and Deephaven. After the Bowman Court street improvements have been completed and accepted, the street shall be maintained and plowed by Shorewood. 3. Replatting of Outlot A. Developer agrees that Outlot A shan not be considered as buildable lots Until such time as it is subdivided and replatted as numbered residential 10t(s). At such time as Outlot A is replatted, Developer shall pay the full cost for the construction and improvement of Bowman Court in accordance with all ordinances and standards applicable to public streets within the City ofShorewood, together with the full cost 0 f all other improvements which may be required by Shorewood at the time of replatting. Developer acknowledges that it shall be required. to enter into an amended Development Agreement with Shorewood and Deephaven at the time of replatting Outlot A and to comply with all procedures and requirements of the Shorewood and Deephaven subdivision ordinances then in effect. 4. Transfer or Convevance of Lots and Outlots. Developer agrees that until such time as Outlot A is replatted, Outlot A shall not be tranSferred or conveyed separately from Lot 1, Block 1, R Bowman Addition; and Lot 1, Block 1, R Bowman Second Addition shall not be transferred or conveyed 3eparatety from Outlot A. -2- 5. SanitarY Sewer Service. The City ofShorewood agrees to furnish access to sanitarY sewer service to the plat providing the following conditions are met: . a. Sewer lines shall be constructed, installed and maintained by the Developer in accordance with Shorewood' s specifications as set forth in the City Sewer Code, and all work performed shall be subject to final inspection and approval by Shorewood. b. Developer shall be responsible for obtaining all necessary pennits and paying all Shorewood fees relating to sanitary sewer hook-ups, including the trunk and equalization charges, as set out in the City Sewer Code, and any other fees which may be owed to other agencies such as the Metropolitan Waste Control Service. . c. Regular City sewer use charges, as established by the City Sewer Code, shall be paid by the Developer or the owner of the property serviced by the Shorewood Sanitary Sewer System. 6. Reimbursement of Costs. Developer shall reimburse Shorewood and Deephaven for aU costs, including reasonable engineering, planning. and administrative expenses incurred by the Cities in connection with all matters relating to the administration and enforcement of this Agreement and the pertormance thereof by Developer. Such reimbursement shall be made within fourteen (14) days of the date of mailing of the City's notice of costs to the address set forth in Paragraph 10 below. 7. Disclaimer bv City. It is understood and agreed that the Cities of Shorewood and Deephaven (the "Cities"), their City Councils, and the agents and employees of the Cities shall not.b.e personally liable or responsible in any manner to Developer, Developer's contractors or subcontractors, materialmen, laborers, or any other person, finn or corporation whomsoever, for any debt, claim, demand, damages, actions or causes of action of any kind or character arising out of or by reason of the execution of this Agreement or the performance and completion of the work and improvements hereunder, and that Developer will save Shorewood and Deephaven, their City Councils, and the agents and employees of the Cities harmless from any and all claims, damages, demands, actions or causes of action arising therefrom and the costs, disbursements, and expenses of defending the same. . 8. Termination of Previous A!ZI'eements. This Agreement shall serve to terminate and supercede all understandings, promises and obligations of the parties to that agreement titled "Residential Subdivision. Development Agreement - R Bowman Addition" dated October 16, 1990. 9. Duration of A!ZI'eement. This Agreement shall remain in effect until such time as ... ..)- " Outlot A is replatted and until Shorewood, Deephaven and the Developer have executed an agreement amending or annulling this Agreement. 10. 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 parties, 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 connnunications to each of them shall be addressed as follows: To Shorewood: city of Shorewood 5755 Country Club Road Shorewood, Minnesota 55331 . To Deephaven: City of Deep haven 20225 Cottagewood Road Deepha ven, Minnesota 5533 1 To Developer: Richard A. Bowman 20025 Manor Road Shorewood, Minnesota 55331 11. 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 the parties and their respective legal representatives, successors and assigns. 12. Severability. In the event any provisions of this Agreement shall be held invalid, illegal, or unenforceable by any court of competent jurisdiction, such holding shan not invalidate or render unenforceable any other provision hereof, and the remaining provisions shall not in any way be affected or impaired thereby. . 13. Execution of Counteroarts. This Agreement may be simultaneously executed in several counterparts, each of which shall be an or\,oinal, and all of which shall constitute but one and the same instrument. 14. Construction. This Agreement shall be construed in accordance with the laws 0 f the State 0 f Minnesota. IN W1TNESS WHEREOF, the parties hereto have caused thes~ presents to be executed on the day and year first above written. 4- CITY OF SHOREWOOD By' Its By' Its CITY OF DEEPHA YEN . By' Its By' Its DEVELOPER . By' ST ATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On tms_ day of . 1998, before me, a notary public within and ror said County, personally appeared and to me personally known, who being each by me duly sworn, did say that they are respectively the and of the City of Shore wood. and that said instrument was .signed and sealed on behalf of said corporation by authority of its City Council, and said and acknowledged said instrument to be the free act and deed of said corporation. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this _ day of . 1998, before me, a notary public within and for said County, personally appeared and . to me personally know~ who being each by me duly sworn, did say that they are respectively the and oftheCityofDeephave~ and that said instrument was signed and sealed on behalf of said corporation by authority of its City Council, and said and acknowledged said instrument to be the free act and deed of said corporation. . Notary Public STATE OF MThNESOT A ) ) ss. ) COUNTY OF HENNEPIN . On this day of -. 1998, before me, within and for said County, personally appeared . descnbed in and who executed the foregoing instrument and acknowledged that he executed the same as his free act and deed. Notary Public THIS INSTRUMENT WAS DRAFTED BY: Richard F. Rosow Lang, Pauly, Gregerson & Rosow, Ltd. 1600 Park Building 650 Third Avenue South Minneapolis,1vfN 55402-4337 Telephone: 612-338-0755 -6- CONSENT BY MORTGAGEE THIS CONSENT is made by as "Mortgagee") (hereinafter referred to WlTNESSETH That Mortgagee is now the holder and owner ofthe mortgage lien dated by and between Scott M. Grieve and Deborah J, Grieve, husband and wife. as Mortgagors and the Mortgagee, which mortgage was recorded on . 19-> as Document No. 285i98 in the Office of the Registrar of Titles. The Mortgagee hereby consents to the said Cities of Shorewood and Deephaven, Development Agreement, R Bowman Second Addition, and agrees to be bound by its terms and conditions insofar as they relate or pertain to the said properties. . IN TESTIMONY WHERE OF, the undersigned has caused this instrument to be executed and delivered this day of . 1998. By' Its STATE OF MINNESOTA ) ) 55. C01JNTY OF HENNEPIN ) . The foregoing instrument was acknowledged before me this _ day of 1998. by" the of a on behalf 0 f said Notary Public McNuity\Consent. Grieve-Mortgagee CONSENT BY MORTGAGEE THIS CONSENT is made by Bank of America, FSB (hereinafter referred to as "Mortgagee") WI11'fESSETH That Mortgagee is now the holder and owner of the mortgage lien dated March 20, 1997 by and between Vernon J. Hanzlik and MaryAnn Hanzlik, husband and wife, as Mortgagors and the Mortgagee. which mortgage was recorded on April 4, 1997, as Document No. 2799366 in the Office of the Registrar of Tides. The Mortgagee hereby consents to the said Cities of Shore wood and Deephaven, Development Agreement, R Bowman Second Addition, and agrees to be bound by its terms and conditions insofar as they relate or pertain to the said properties. . IN TESTIMONY WHERE OF, the undersigned has caused this instrument to be executed and delivered this day of . 1998. BANK OF M\1ERIcA, FSB By Its STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) . The forego"ing instrument was acknowledged before me this _ day of 1998, by the of Bank of America, FSB, a on behalf 0 f said Notary Public McNultyIConsent.Hanzlilc-Mortgagee-l CONSENT BY MORTGAGEE THIS CONSENT is made by National City Bank (hereinafter referred to as "Mortgagee") WITNESSETH Taat Mortgagee is now the holder and owner of the mortgage lien dated March 25, 1997 by and between Vernon J. Hanzlik and MaryAnn Hanzlik, husband and wife, as Mortgagors and the Mortgagee; which mortgage was recorded on April 28, 1997, as Document No. 2805429 in the Office of the Registrar of Titles. The Mortgagee hereby consents to the said Cities of Shorewood and Deephaven, Development Agreement, R Bowman Second Addition, and agrees to be bound by its tenns and conditions insofar as they relate or pertain to the said properties. . IN TESTIMONY WHEREOF, the undersigned has caused this instrument to be executed and delivered this day of . 1998. NATIONAL CITY BAJ.'ll< Bv J Its STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) . The foregoing instrument was acknowledged before me this 1998, by the on behalf of said day of of National City Bank, a Notary Public McNlJlty\Consenc.Hanzlilc-Mortgagee-2 CONSENT BY MORTGAGEE THIS CONSENT is made by Bank of America (hereinafter referred to as "Mortgagee") WITNESSETH That Mortgagee is now the holder and owner of the mortgage lien dated August 1, 1996 by and between Richard and Terri Bowman. husband and wife, as Mortgagors and the Mortgagee, which mortgage was recorded on August 6, 1996, as Document No. 2731382 in the Office of the Registrar of Titles. The Mortgagee hereby consents to the said Cities of Shorewood and Deephaven, Development Agreement, R Bowman Second Addition. and agrees to be bound by its terms and conditions insofar as they relate or pertain to the said properties. . IN TESTIMONY WHEREOF, the undersigned has caused this instrument to be executed and delivered this day of , 1998. BANK OF A1\1ERICA By Its STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) . The foregoing instrument was acknowledged before me this _ day of 1998, by the of Bank of America, a on behalf of said Notary Public Mc~ ulty'Consem.BowOl:lJ1-Molfgagee-1 CONSENT BY MORTGAGEE THIS CONSENT is made by National City Bank (hereinafter referred to as "Mortgagee") WITNESSETH That Mortgagee is now the holder and owner of the mortgage lien dated March 27, 1996 by and between Richard and TerriBo~ husband and wife, as Mortgagors and the Mortgagee, which mortgage was recorded on April 25, 1996, as Document No. 2696139 in the Office of the Registrar of Titles. The Mortgagee hereby consents to the said Cities of Shorewood and Deephaven, Development Agreement, R Bowman Second Addition, and agrees to be bound by its terms and conditions insofar as they relate or pertain to the said properties. . IN TESTIMONY WHEREOF, the undersigned has caused this instrwnent to be executed and delivered this day of . 1998. NATIONAL CITY BAL'iK By: Its STATE OF MINNESOTA ) ) ss. COUNTY OF HEN'NEPIN .!' . The foregoing instrument was acknowledged before me this _ day of 1998, by the of National City Bank, a on behalf of said Notary Public McNulty\ConsenLBowm:tn-Mortgagee-2 CONSENT BY OWNERS THIS CONSENT is made by Beryl J. Levine and Zelman Levine, husband and wife (hereinafter referred to as "Owners"). WITNESSETH That Owners are now the fee owners of Lot 1, Block 1, R Bowman Second Addition. according to the plat thereof, on file or of record in the Office of the Registrar of Titles for Hennepin County. The Owners hereby consent to the said Cities of Shorewood and Deephaven. Development Agreement, R Bowman Second Addition and agree to be bound by its terms and conditions insofar as they relate or pertain to the said property. . IN TESTL.VfONY ~vVHEREOF, the undersigned bas caused this instrument to be executed and delivered this day of . 1998. Beryl J. Levine Zelman Levine . STATE OF NllNNESOTA ) ) ss. COUNTY OF HENNEPIN ) , The foregoing instrument was acknowledged before me this 1998, by Beryl J. Levine and Zelman Levine. day of Notary Public MeN ultyiConsenLLevinc-Owner CONSENT BY OWNERS THIS CONSENT is made by Scott M. Grieve and Debra 1. Grieve, husband and wife (hereinafter referred to as "Owners"). WITNESSETH That Owners are now the fee owners of Lot 2, Block 1, R Bowman Second Addition. according to the plat thereof, on file or of record in the Office of the Registrar of Titles for Hennepin County. The Owners hereby consent to the said Cities ofShorewood and Deephaven, Development Agreement, R Bowman Second Addition and agree to be bound by its terms and conditions insofar as they relate or pertain to the said property. . IN TESTIMONY WHEREOF, the undersigned has caused this instrument to be executed and delivered this day of . 1998. Scott M. Grieve Deborah 1. Grieve . ST ATE OF MINNESOTA) J 55. COUNTY OF HENNEPIN ') The foregoing instrument was acknowledged before me this _ day of 1998, by Scott M. Grieve and Deborah J. Grieve. Notary Public MeNultyiConsenc.Grieve-Owner CONSENT BY OWNERS THIS CONSENT is made by Vernon 1. Hanzlik and Mary;1.nn Hanzlik, husband and wife (hereinafter referred to as "Owners"). WITNESSETH That Owners are now the fee owners of Lot 3, Block I, R Bowman Second Addition, according to the plat thereof, on file or of record in the Office of the Registrar ofTitIes for Hennepin County. The Owners hereby consent to the said Cities of Shorewood and Deephaven, Development Agreement, R Bowman Second Addition and agree to be bound by its terms and conditions insofar as they relate or pertain to the said property. . IN TESTIMONY WHEREOF, the undersigned has caused this instrumentto be executed and delivered this day of . 1998. Vernon J. Hanzlik MaryAnn Hanzlik STATE OF MINNESOTA ) ) SS. " COUNTY OF HENNEPIN ) ,.' . The foregoing instrument was acknowledged before me this _ day of 1998, by Vernon J. and MaryAnn Hanzlik. Notary Public McNulty\Consenc.Hanzlik-Owner LMCIT LIABILITY COVERAGE - WAIVER FORM Cities obtaining liability coverage from the League of Minnesota Cities Insurance Trust must decide whether or not to waive the statutory tort liability limits to the extent of the coverage purchased. The . decision to waive or not to waive the statutory limits has the following effects: . If the city does not waive the statutory tort limits, an individual claimant would be able to recover no more than $300,000 on any claim to which the statutory tort limits apply. The total which-aII claimants would be able to recover for a single occurrence to which the statutory tort limits apply wouldbeJimited to $750,000. These statutory tort limits would apply regardless of whether or not the city purchases the optional excess liability coverage. . If the city waives the statutory tort limits and does not purchase excess liability coverage, a single clair11a".lt could potentially recover up to ~750,DGD on a SiHgit: occurrence. Tne tomi which ail ciaimants would be able to recover for a single occurrence to whi~h the statutorj tort limits apply would also be limited to $750,000, regardless of the number of claimants. . . If the city waives the statutory tort limits and purchases excess liability coverage, a single claimant could potentially recover an amount up to the limit of the coverage purchased. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would also be limited to the amount of coverage purchased, regardless of the number of claimants. Claims to which the statutory municipal tort limits do not apply are not affected by this decision. This decision must be made by the city council. Cities purchasing coverage must complete and return this form to LMCIT before the effective date of the coverage. For further information, contact U\lCIT. You may also wish to discus~ these issues with your city attorney. The City of Shorewood accepts liability coverage limits of $ 1 , 750 ,000 .~. Minnesota Cities Insurance Trust (LMCIT). Check one: -L The city DOES NOT WAIVE the monetary limits on municipal tort liability established by Minnesota Statutes 466.04. from the League of _ The city WAIVES the monetary limits on tort liability established by Minnesota Statutes 466.04, to the extent of the limits of the liability coverage obtained from LMCIT. Date of city council meeting November 23 , 1998 Signature Position Mayor Return this completedform to [MClT, 145 University Ave. W., St. Paul, MN. 55103-2044 Page ! -~ 1 #3& "i"- MEMO TO: FROM: DATE: RE: . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (612) 474-3236 FAX (612) 474-0128. www.state.net/shorewood. cityhall@shorewood.state.net Mayor and Councilmembers Al Rolek, Finance Director Dv November 20, 1998 Agenda Item 3h - Budget Amendment Resolution Attached is a corrected resolution for the above agenda item. Some items were inadvertently left off of the original resolution. Additionally, some items have been clarified as to where the reallocation is being applied. Should you have any questions relative to this item. please feel free to call me at any time. . n t.J PRINTED ON RECYCLED PAPER .,..... . . CITY OF SHOREWOOD RESOLUTION NO. 98- A RESOLUTION AMENDING THE 1998 GENERAL FUND BUDGET WHEREAS, the Shorewood City Council has authorized certain expenditures during 1998; and, WHEREAS, such expenditures were not included within the adopted 1998 General Fund Budget; and, WHEREAS, it has been the practice of the City Council to amend the budget for such authorized expenditures. THEREFORE, BE IT RESOLVED by the City Council of Shorewood that the 1998 General Fund Budget is hereby amended as follows: REVENUES ADOPTED AMENDED BUDGET BUDGET DIFFERENCE -0- $75,000 $75,000 Intergovernmental ACTIVITY FEMA Disaster Aid EXPENDITURES DEPARTMENT Administration General Government Municipal Buildings Protective Inspection City Engineer Streets & Roadways Sanitation, Waste Removal Sanitation, Waste Removal Contingency ACTIVITY Staffing Staffing Support Services Staffing Staffing Staffing Staffing ADOPTED AMENDED BUDGET BUDGET DIFFERENCE 95,046 96,546 $ 1,500 83,715 85,215 1,500 77,800 92,800 15,000 70,180 71,680 1,500 81,906 83,406 1,500 90,505 64,005 (26,500) 614 27,114 26,500 4,000 84,000 80,000 Support Services 28,235 26,035 (26,000) $5,000 Support Services Net General Fund Budget Amendment Beginning General Fund Budget Net Budget Amendments Amended General Fund Budget $2,758,893 75,000 $2,833,893 ............ . ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 23rd day of November, 1998. ATTEST: TOM DAHLBERG, MAYOR JAMES C. HURM, CITY ADMINISTRATOR . . CITY OF SHOREWOOD RESOLUTION NO. 98- A RESOLUTION AMENDING THE 1998 GENERAL FUND BUDGET WHEREAS, the Shorewood City Council has authorized certain expenditures during 1998; and, WHEREAS, such expenditures were not included within the adopted 1998 General Fund Budget; and, WHEREAS, it has been the practice of the City Council to amend the budget for such authorized expenditures. THEREFORE, BE IT RESOLVED by the City Council of Shorewood that the 1998 General Fund Budget is hereby amended as follows: . REVENUES Intergovernmental EXPENDITURES . DEPARTMENT General Government Municipal Buildings Streets & Roadways Sanitation, Waste Removal Sanitation, Waste Removal Contingency ACTIVITY FEMA Disaster Aid ADOPTED AMENDED BUDGET BUDGET DIFFERENCE -0- $75,000 $75,000 ~~;~ <I. \i~} Support Services Personal Personal ADOPTED AMENDED BUDGET BUDGET DIFFERENCE 83,715 85,215 1,500 77,800 92,800 15,000 90,505 64,005 (26,500) 614 27,114 26,500 Support Services 4,000 84,000 80,000 Support Services Net General Fund Budget Amendment 28,235 26,035 (21,500) $5,000 Beginning General Fund Budget Net Budget Amendments Amended General Fund Budget $2,758,893 75,000 $2,833,893 ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 23rd day of November, 1998. ATTEST: TOM DAHLBERG, MAYOR JAMES C. HURM, CITY ADMINISTRATOR i/3f1 . . . t-, CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (612) 474-3236 FAX (612) 474-Q128. www.state.net/shorewood. cityhall@shorewood.state.net MEMORANDUM TO: Mayor and City Council James Hurm, City Administrator FROM: Larry Brown, Director of Public Works $1. DATE: November 18, 1998 RE: Consideration of aMotion to Adopt a Resolution Accepting Property From the Minnesota Department of Transportation Attachment 1 is a memorandum from the Minnesota Department of Transportation (MN/DOT) requesting that the City of Shorewood accept title to property no longer utilized by the MN/DOT. Attachment 2 is a location map for the subject area. This area is known to most as the rest area on the north side of State Trunk Highway 7. Staff is recommending acceptance of the land as described in the legal description and shown on Attachment 2. A resolution" is attached for your consideration. ,. ~J PRINTEO ON RECYCLED PAPER 3i 'f(~~i~\ ~ ~ \i ~OF~" Minnesota Department of Transportation ~ ~ Transportation Building 395 John Ireland Boulevard Saint Paul. Minnesota 55155-1899 ........:--~.._-_...-'_...._""---_. May 12, 1997 -... -.... . :':'Ii IC:. 0 i'= U \../ ic:.I;'~:( )!!.Jj - '-' -/ ifl fi:-: t".l., j- ..' Ii; ;,1 ,I, ;(1./:., ' ., 1007 I' iI' .. II ". .,,~ 'VV i.J . iiJ L. . 01 !..?Y t 296-8647 James Hurm City Administrator/Clerk City Hall: 5755 Country Club Rd. Shorewood, MN 55331-8927 C.S. 2706 (7=12-28-1A) Turnback of a Part of Truok Highway No. 12 renumbered 7 to the City of Shorewood Release No. 1061 . Dear Mr, Hurm: Pursuant to Minnesota Statutes 161.16 and 161.24, the State of Minnesota has conveyed by a Quitclaim Deed, executed by James N. Denn, Commissioner of Transportation, a portion of the above referenced Highway NO.7 to the City of Shorewood; as shown as the shaded area on the attached right of way map and legally described in said deed. This conveyance was authorized for release April 1, 1995. It is vitally necessary to' maintain and help perpetuate a proper and valid chain of title on behalf of the State as well as all adjoining land owners. We, . therefore, request that you record this deed as soon as possible. Please have the enclosed RECORDING DATA form completed and return it to this office. If you require additional information, call Mr. Neal Bartelt, Office of land Management, at the above number, or write this office. Sincerely, (Jt 47/7 \ I) $. ~J1 dlej~ h-/L Merritt Linzie, Director Office of land Management Ene. Attachment 1 .:..~. -:-'::~2; ::C::-:~-...~I~'./ ~::":.'/e: . . R19960.PPW C.S. ?706 (7=12-28-1A) Grantee City of Shorewood Release No. 1061 Parcel No. RECORDING 'DATA Please have the enclosed Quitclairn Deed properly recorded as soon as possible. At the time of recording, have the County Recorder andJor Registrar of Titles complete the bottom portion of this sheet. Please return this sheet to: MINNESOTA DEPARTMENT OF TRANSPORTATION Office of Land Management Attn: Neal Bartelt Mail Stop 632 395 John Ireland Boulevard St. Paul, MN 55155 Recording fees are the responsibility of the Grantee, not the Department of Transportation Non-Registered Lands: Registered Lands: The above referenced Quitclaim Deed was filed in the Office of County Recorder for record on the The above referenced Quitclaim Deed was filed in the office of the Registrar of Titles on the day of day of 19_ at o'clock M 19_ at o'clOck M in and duly recorded in Book Book of Registrar of of J Page of Titles, Page. , as as Document No. " Document No. County Recorder Registrar of Titles . "'.'1-'~"'''.''1'.''.'~''''M.'''.~' '..,.......~........._. . . ......-................. ... <r' QUITCLAIM DEED C.S. 2706 (7=12-28-1A) County of Hennepin The State of Minnesota having acquired the real estate hereinafter described for trunk highway purposes, and the Commissioner of Transportation of said State having determined that the same is no longer needed by said State for trunk highway purposes, and . that the same may be conveyed and quitclaimed to the City of Shorewood. NOW, THEREFORE, Upon said determination and pursuant to Minnesota Statutes, Section 161.16, Subdivision 4, in consideration of the future maintenance, improvement, or reconstruction by Grantee of such roadways, the State of Minnesota, Grantor, by James N. Denn, its Commissioner of Transportation, hereby conveys and quitclaims to the City of Shorewood, Grantee, for highway purposes, all its interest including any conditions, restrictions, covenants and easements that run with the land together; except that access to Trunk Highway No. 12 renumbered 7 from the lands herein described shall be . restricted as hereinafter set forth in the reservation clause; in and to the real estate situate in the County of Hennepin, State of Minnesota, described as follows: Page 1 of 5 1049 DESCRIPTION FOR THE TURN BACK OF PART OF TRUNI< HIGHWAY NO. 12 RENUMBERED 7 TO THE CITY OF SHOREWOOD Tract A. That part of Tract A described below: Part of Parcel 23 S.P. 2706 C7=12"28-1Al Government Lot 2, Section 36, Township 117 North, Range 23 West, Hennepin County, Minnesota; which lies between two lines run parallel with and distant 65 feet and 100 feet northwesterly of Line 1 described below: Line 1. . From a point on the westerly line of said Section 36, distant 206.4 feet southerly of the northwest corner thereof, run northeasterly at an angle of 80 degrees 02 minutes 00 seconds from said westerly line (measured from north to east) 593 feet; thence denect to the left on a 1 degree 15 minute 00 second curve with a radius of 4583.75 feet for 1000 feet to the point of beginning of Une 1 to be described; thence run southwesterly on the last described curve for 1000 feet; thence on tangent to said curve for 555.5 feet; thence denect to the left on a 4 degree 00 minute 00 second curve with a radius of 1432.69 feet for 150 feet and there terminating. Tract A. That part of Tract A described below: Part of Parcels 24 and K S.P. 2706 (7-12-2a-1Al Lot 75, Auditor's Subdivision Number 141, according to the plat thereof on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota; . which lies northerly of a line run parallel with and distant 65 feet northerly of Line 1 described below: Line 1. Beginning at a point on the west line of Section 36, Township 117 North, Range 23 West, distant 206.4 feet southerly of the northwest corner thereof; thence run northeasterly at an angle of 80 degrees 02 minutes 00 seconds from said westerly line (measured from north to east) for 593 feet; thence deflect to the left on a curve having a radius of 4583.75 feet and a delta angle of 17 degrees 6 minutes 00 seconds for 1368 feet and there terminating. Tract A. That part of Tracts A and B described below: Part of Parcels E and K S.P. 2706 (7=12-28-1A) Lots 35,36 and 41 of Auditor's Subdivision No. 141 according to the plat thereof on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota; Page 2 of 5 Tract B. That part of Lot 1 of Auditors Subdivision No. 141 according to the plat thereof on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota; lying southerly of the north line of the South Half of the Southwest Quarter of the Southeast Quarter of the Southwest Quarter of Section 25, Township 117 North, Range 23 West, said cOllnty; which lies northerly of a line run parallel with and distant 65 feet northerly of Line 1 described below: Line 1. Beginning at a point on the west line of Section 36, Township 117 North, Range 23 West, distant 206.4 feet southerly of the northwest corner thereof; thence run northeasterly at an angle of 80 degrees 02 minutes 00 seconds from said westerly line (measured from north to east) for 593 feet; thence deflect to the left on a curve having a radius of 4583.75 feet and a delta angle of 17 degrees 6 minutes 00 seconds for 1368 feet; thence on tangent to said curve for 1000 feet and there terminating. Esl~rcel28 S.P. 2706 (7=12-28-1A) . Tract A. That part of Tract A described below: That part of the Northeast Quarter of the Southeast Quarter of the Southwest Quarter of Section 25, Township 117 North, Range 23 West, described as follows: Commencing at a point on the north line of the right of way conveyed to the St. Paul, Minneapolis and Manitoba Railway Company, which point is 411.68 feet in a straight line from a point on the said north right of way line where the same intersects the west line of the above mentioned tract at a point 41 feet north of the southwest corner thereof; thence easterly along said right of way curving to the right along the circumference of a circle, the radius of which is 673 feet to the south line of said tract at a point on same 508 feet from the southwest corner thereof; thence east along said south line 63.5 feet to a point 88.64 feet west of the southeast corner of said tract; thence northeasterly parallel with and 56 feet northwesterly from the center line between the tracts of the Suburban Railroad 98.29 feet to the east line of said tract and at a point 42.47 feet north of the southeast corner of same; thence north 617.1 feet to the northeast corner of said tract; thence west 284.5 feet, more or . less, to a point 374.4 feet east of the west line of the Northeast Quarter of the Southeast Quarter of the Southwest Quarter, said Section, Township and Range; thence southerly 619.2 feet to the point of beginning; the title thereto being registered as evidenced by Certificate otTitle No. 779601; which lies between two lines run parallel with and distant 65 feet 100 feet northwesterly of Line 1 described below: Line 1. Beginning at a point on the easterly line of the Southwest Quarter of said Section 25, distant 640.3 feet northerly of the southeast corner thereof; thence run southwesterly at an angle of 64 degrees 11 minutes 00 seconds from said easterly line (measured from south to west) for 200 feet and there terminating. Page 3 of 5 Eart of Parcel 29 S.P. 2706 (7=12-28-1A) That part of Tract A described below: Tract A. Lot 30, of Auditor's Subdivision Number 141, according to the plat thereof on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota; which lies between two lines run parallel with and distant 65 feet and 100 feet northwesterly of Line 1 described below: Line 1. Beginning at a point on the west line of the Southeast Quarter of Section 25, Township 117 North, Range 23 West, distant 640.3 feet northerly of the southwest corner thereof; thence run northeasterly at an angle of 64 degrees 11 minutes 00 seconds from said westerly line (measured from north to east) for 309.2 feet and there terminating. . , ....--..--------..-------------------------------..--------------------..--------------------------------------------- ~ERVA TION CLAUSE Subject to the following restrictions and reservations: No access shall be permitted to Trunk Highway No. 12 renumbered 7 from the lands herein conveyed in Parcels 23, 24, E, K, 28 and 29 on S.P. 2706 (7=12-28-1A). . Page 4 of 5 ..., ,_~._~_I'l""", _'f ~.-." _':;;,"":'l-~'.'.i.~"';'.... ...... 1 .....".',.. ':':~-'.. _, "'~"'_ "':".'~'" ...:.',._....~_., '0' ,,-.., -"-' .... The Seller certifies that the Seller does not know of any wells on the described real property. Dated this / ,;{ -II. day of /Jtay , 19 97. STATE OF MINNESOTA By:J!~A (GgmmissioAcr 9f Trafl31'ort8tien) (DireGtor of the Offieo of b8nd-M8ft~t) (Assistant Director of the Office of land Management) Seal of the Commissioner of Transportation . STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) On this I;)., day of Za _' 19~1.1, before me, a Notary Public within and for said County, person Iy appeared ~ W, to me personally known to be the person who executed the foregoing instrument and who did say thai he is the (Gemmissiener-ef-:r-r8nspertatien) (9ireetel'-ef-the-Office-of_Land Management. and duly authorized agent of the Commissioner of Transportation) (Assistant Director of the Office of land Management and duly authorized agent of the Commissioner of Transportation) of the State of Minnesota and acknowledged that he executed the foregoing instrument and caused the seal of the Commissioner of Transportation to be affixed thereto, by authority of Minnesota Statutes, Section 161.16, Subdivision 4, and as the free act and deed of said State. '-jJ2{~/~ -/ j;1jk . _^^I\/Vo.N\MMAMJtoMMMMM^"^^^,,^^,,I ,. ~ A" ."'" MI)~lfL f. KOllUR ;(": ,",'.;! IIOTM! IVUlIe-MINNESOTA ~ '"...~,~ R^MSEY COUNTY ~ MY COMMISSIOtl EXPlR!S JANUARY 3'. 2000 x'^^"^'Wt/V'IIVVV\lVVVVWWl/... ".VV"t/'IIV'VW,c This instrument was drafted by the Slate of Minnesota, Department of Transportation, legal and Real Estate Conveyance Unit, Sl. Paul, Minnesota 55155 R36236G.05W Page 5 of 5 /~~)\ \..- I. _ \ ~ ...... ::: ~ E .::: ~ ~ ~ OOMaJOIlS JO Al!:J P Burag pue, ":leg pauJn.1 . alll 0.1 .. ti 101 (" , , , r,,\ r;.'. (m ~.. . .-( \. I '--- ~- -~- - __..n .~...: f 1 Ot' 10'1 I ~ ...f::; ~{l ~:~z cO:'; ~I &..I.,r.6.S .-1 J.... . . " A resolution for this item will be fOlwarded under separate cover . . ~ CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD, SHOREWOOD, MN 55331-8927 (612)474-3236 FAX (612) 474-0128 Web Site: www.state.netlshorewood E-mail: cityhall@shorewood.state.net Please insert this resolution at the back of Item 3 - i. of the City Council Meeting packet . . ,,' , , . . CITY OF SHOREWOOD RESOLUTION NO. 98- A RESOLUTION AUTHORIZING THE CONVEYANCE OF REAL PROPERTY (REST AREA NORTH OF STATE TRUNK IDGHW AY 7) WHEREAS, pursuant to Minnesota Statutes 161.16 and 161.24 provide for conveyance or real property no longer needed for highway purposes from the State of Minnesota, to other local road authorities; and WHEREAS, the Commissioner for the Minnesota Department of Transportation has determined the parcels of real property, legally described and attached hereto as "Exhibit N' and further known by the State of Minnesota as CS 2706 (7=12-28-1A), are no longer useful to the Minnesota Department of Transportation, and WHEREAS, on April 1, 1995 the Commissioner of Transportation executed Release No. 1061, which authorized conveyance of, said parcels by the Minnesota Department of Transportation, to the City of Shorewood; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood, Minnesota 1. That the conveyance of certain interests in land as described in the cooperative agreement is hereby approved. 2. That the Mayor and City Administrator are hereby authorized to execute and deliver a quit claim deed in substantially the form of the attached as Exhibit A. ADOPTED BY THE CITY COUNCIL of the City of Shore wood this 23 day of November, 1998. Tom Dahlberg, Mayor ATTEST: James C. Rurm, City Administrator/Clerk , , ~"."-"'"4'__'''_.'''''''''''_''''''''''' a ..... .. o. _ ..... .' .... ". _,' ".. . ." QUITCLAIM DEED C.S. 2706 (7=12-28-1A) County of Hennepin The State of Minnesota having acquired the real estate hereinafter described for trunk highway purposes, and the Commissioner of Transportation of said State having . determined that the same is no longer needed by said State for trunk highway purposes, and that the same may be conveyed and quitclaimed to the City of Shorewood. NOW, THEREFORE, Upon said determination and pursuant to Minnesota Statutes, Section 161.16, Subdivision 4, in consideration of the future maintenance, improvement, or reconstruction by Grantee of such roadways, the State of Minnesota, Grantor, by James N. Denn, its Commissioner of Transportation, hereby conveys and quitclaims to the City of Shorewood, Grantee, for highway purposes, all its interest including any conditions, restrictions, covenants and easements that run with the land together; except . that access to Trunk Highway No. 12 renumbered 7 from the lands herein described shall be restricted as hereinafter set forth in lhe reservation clause; in and to the real estate situate in ,., .~-~~ ....,; ..~:: '-1-r .."'1.... :0....... the County of Hennepin, State of Minnesota, described. as follows: Page 1 of 5 Exhibit A . . 1049 DESCRIPTION FOR THE TURNBACK OF PART OF TRUNK HIGHWAY NO. 12 RENUMBERED 7 TO THE CITY OF SHOREWOOO Tract A. That part of Tract A described below: Part of Parcel 23 S.P.270617=12-28-1Al Government Lot 2. Section 36, Township 117 North, Range 23 West, Hennepin County, Minnesota; which lies between two lines run parallel with and distant 65 feet and 100 feet northwesterly of Line 1 described below: line 1. . From a point on the westerly line of said Section 36, distant 206.4 feet southerly of the northwest comer thereof, run northeasterly at an angle of 80 degrees 02 minutes 00 seconds from said westerly line (measured from north to east) 593 feet; thence deflect to the left on a 1 degree 15 minute 00 second curve with a radius of 4583.75 feet for 1000 feet to the point of beginning of Line 1 to be described; thence run southwesterly on the last described curve for 1000 feet; thence on tangent to said curve for 555.5 feet; thence deflect to the left on a 4 degree 00 minute 00 second curve with a radius of 1432.69 feet for 150 feet and there terminating. Tract A. That part of Tract A described below: Part of Parcels 24 and K S.P. 2706 17=12-28-1Al Lot 75, Auditor's Subdivision Number 141, according to the plat thereof on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota; . which lies northerly of a line run parallel with and distant 65 feet northerly of Line 1 described below: Line 1. Beginning at a point on the west line of Section 36, Township 117 North, Range 23 West. distant 206.4 feet southerly of the northwest corner thereof; thence run northeasterly at an angle of 80 degrees 02 minutes 00 seconds from said westerly line (measured from nortt! to east) for 593 feet; thence deflect to the left on a curve having a radius of 4583.75 feet and a delta angle of 17 degrees 6 minutes 00 seconds for 1368 feet and there terminating. Tract A That part of Tracts A and B descnbed below: Part of Parcels E and K S.P 2706 (7=12-28-1Al Lots 35,36 and 41 of Auditor's Subdivision No, 141 according to the plat . thereof on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota; . Page 2 of 5 . . Tract B. That part of Lot 1 of Auditors Subdivision No. 141 according to the plat thereof on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota; lying southerly of the. north line of the. South Half of the Southwest Quarter of the Southeast Quarter of the Southwest Quarter of Section 25, Township 117 North, Range 23 West. said county; which lies northerly of a line run parallel with and. distant 65 feel northerly of Line 1 described below: Line 1. . Beginning at a point on the west line of Section 36, Township 117 North, Range 23 West, distant 206.4 feet southerly of the northwest corner thereof; thence run northeasterly at an angle of 80 degrees 02 minutes 00 seconds from said westerly line (measured from north to east) for 593 feet; thence deflect to the left on a curve having a radius of 4583.75 feet and a della angle of 17 degrees 6 minutes 00 seconds for 1368 feet; thence on tangent to said curve for 1000 feet and there terminating. Tract A. That part of Tract A described below: Part of ParcelZ8 S.P. 2706 l7=12-28-1Al . ~~ ...~ .;...... .~~ That part of the Northeast Quarter of the Southeast Quarter of the Southwest Quarter of Section 25, Township 117 North, Range 23 West. described as follows: Commencing at a point on the north line of the right of way conveyed to the St. Paul, Minneapolis and Manitoba Railway Company, which point is 411.68 feet in a straight line from a point on the said north right of way line where the same intersects the west line of the above mentioned tract at a point 41 feet north of the southwest comer thereof; thence easterly along said right of way curving to the right along the circumference of a circle, the radius of which is 673 feet to the south line of said tract at a point on same 508 feet from the southwest corner thereof, thence east along said south line 63.5 feet to a point 88.64 feet west of the southeast corner of said tract; thence northeasterly parallel with and 56 feet northwesterly from the center line between the tracts of the Suburban Railroad 98.29 feet to the east line of said tract and at a point 42.47 feet north of the southeast comer of same; thence north 617 .1 feet to the northeast comer of said tract; thence west 284.5 feet, more or less; to a point 374.4 feet east of the west line of the Northeast Quarter of the Southeast Quarter of the Southwest Quarter, said Section, Township and Range; thence southerly 619.2 feet to the point of beginning; the title thereto being registered as evidenced by Certificate of Title No. n9601; which lies between two lines run parallel with and distant 65 feet 100 feet northwesterly of Line 1 described below: Line 1. Beginning at a point on the easterly line of the Southwest Quarter of said Section 25, distant 640.3 feet northerly of the southeast comer thereof; thence run southwesterly at an angle of 64 degrees 11 minutes 00 seconds from said easterly line (measured from south to west) for 200 feet and there terminating. Page 3 of 5 . . Eart of Parcel 29 S P. 2706 C7=12-28-1Al That part of Tract A described below: Tract A. Lot 30, of Auditor's Subdivision Number 141, according to the plat thereof on fife and of record in the office of the County Recorder in and for Hennepin County, Minnesota; which lies between two lines run parallel with and distant 65 feet and 100 feet northwesterly of Line 1 described below: Line 1. Beginning at a point on the west line of the Southeast Quarter of Section 25, Township 117 North, Range 23 West, distant 640.3 feet northerly of the southwest corner thereof; thence run northeasterly atan angle of 64 degrees 11 minutes 00 seconds from said westerly line (measured from north to east) for 309.2 feet and there terminating. . RESERVATION CLAUSE Subject to the following restrictions and reservations: No access shall be permitted 10 Trunk Highway No. 12 renumbered 7 from the lands herein conveyed in Parcels 23, 24, E, K, 28 and 29 on S.P. 2706 (7=12-28-1A). .~ . r~ ;~..~ ~.?.;:~ .>~ y::;~; -~. 't:Sll Page 4 .of 5 . ..,.....~..:.,.~.'_...;.......:~~....Il.~.d ~~4:.,........~..........~.-:.~....~......,..,._... .. "'. p._... I.~::...._--..-... , . . - The Seller certifies that the Seller does not know of any wens on the described rea' property. Dated this / .;< -tJ. day of 7JZ7 .1997. STATE OF MINNESOTA BY: J! G~ ;4 (G QAuRissiener ~f 1:F8Mportetien) _ fDireeter at the Offiae at Lend Man8gement) (Assistant Director of the" OffICe of Land Management) Seal of the Commissioner of Transportation . STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) .. - - - - On this I;;;" . day of - fJ1.au... ;dU 7. before me, a Notary Public within and for said County, personany appeared ~ t. ~ . . to me personally known to be the person who executed the foregoing instrument and who did . say that he is the (-Gommissiaaer e#-+NFlSpeFtetlen) (QiFeet9H~he-Ofljc;e..gt.Land Manegemen&. and dl/Iy authorized agent of the Commissioner of Transportation) (Assistant Director of the O~ of Land Management and duly authorized agent of the Commissioner of Transportation) of the State of Minnesota and acknowledged that he executed the foregoing instrument and caused the seal of the Commissioner of Transportation to be affixed thereto, by authority of Minnesota Slatutes. Section 161.1.6. Subdivision 4,' and. as the free act and deed of said State. . . '-f)2~ ~ ~i/c4J - .~I" -I~'" MIJlIIEl I. KOlUlt -, .-. 'i-'~'!.:") IlOTAIlY ~UOUC-MIlIIlESDtA ~ ~ IlAMSlY COllNn' , -,' ""c____31._ .Vt/tNI.'YVV.."Yv.~.,^... .....A.,.".... ".VVtlVVV'VYJI This instrument was drafted by the State of Minnesota, Department of Transportation, Legal and Real Estate Conveyance Unit. St. Paul, Minnesota 55155 R36236G.05W Page 5 of 5 (~ff ) '- I. _ \ ~ - ~ l: "5 ~ ~ '.- ...: ~'. ...... .., '. . CITY OF SHOREWOOD PARK COMMISSION MEETING TUESDAY, NOVEMBER 10, 1998 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. MINUTES 1. CONVENE PARK COMlWSSION :MEETING n n .n r~ '" ,..... #-}'. .' '.'. ,"....;a ~.' ij ,; . ',; ",' \ " ~ .. .;..~ .... ,. Chair Puzak called the meeting to order at 7:30p.m. A. Ro II Call Present: Chair Puzak; Commissioners Colopoulos, Dallman, Arnst, Thernig, and Cochran Administrator JimHurm Absent: Commissioner Bensman; Council Liaison Roger Charrpa . B. Review Agenda There were no additions or deletions to the agenda. 2. APPROVAL OF MINUTES OF THE PARK COMMISSION :MEETING OF OCTOBER 13. 1998 Themig moved, Arnst seconded, to accept the minutes as amended. The motion passed 4/0/2 with Cochran and Colopoulos abstaining. Page 5, Paragraph 1, Line 6: Change the sentence, 'This does mean that decisions are not made in a vacuum" to 'This does not mean that decisions are made in a vacuum. ". Page 7, Last line: correct the word "trial" to ''trail.'' Page 4, Paragraph 6, Line 3: Change ''sufficient land" to "sufficient park land." . Commissioner Colopoulos suggested that names be recorded for all positions (yea, nay and abstain) when any name is mentioned as opposed in a vote on a motion. It was agreed that this shall be done. 3. MATTERS FROM THE FLOOR There were no matters from the floor 4. REPORTS A. Report on Youth Coalition Meetings Chair Puzak reported that there has been another meeting, attended by the same core group of people. They have contacted the person who was recommended to be the project manager. He was interested in the project, but was unable to attend the meeting. There is also a woman who has had experience with opening a skateboard park in Mound who is willing to be involved. Other developments are: . Judd Mowry will go to Tonka Bay City Council for an offIcial word on the offer of space in Manitou Park . There has not yet been any offi;ial action from the City of Excelsior. .*~5 '" Park Commission Minutes November 10, 1998 Page 2 . A letter has been sent to the fIve neighboring Cires asking for a statement of their supp:>rt. . A member has been added to the Coalition from the Excelsior Area Charmer of COIllI:rerce. The next meeting is scheduled for November 12. B. Update on Proposal for the City to Acquire the Wagner Property. Administrator Hurm reported that there have been no new developments or action taken by the City Council since the last Park Commission meeting. Commissioner Colopoulos, who was not present at the previous Park Commission meeting, had . some comnts after reading the minutes. Commissioner Colopoulos had thought that the Park Foundation would have taken a stronger position toward supp:>rting the addition of space to Freeman Park, although he understands why they were unable to offer fmancial solutions. Commissioner Colopoulos .asked if the Wagner pro~rty were purchased by a developer, could there be some poli;y or statement which provides for protection of the park boundary, perhaps even a buffer zone. Commissioner Colopoulos remembered that the prop:>sed senior housing project was opposed when the park boundary looked compromised Chair Puzak explained that the encroachment on to park pro~rty woukl have been becaIse the development would have required a second entrance which would have changed traffic patterns within thepark It woukl have intensifIed traffic at a point where there is already a high risk zone. This is his area of discomfort. , Commissioner Thernig interjected a thought on the skate park issue (Item 4A). Commissioner . Thernig stated that he has infcrn1ation on a new technology for skate park structures which he . discovered at a recent conference. Commissioner Thernig will give the information to Chair Puzak. Chair Puzak added that the Youth Coalition is moving toward a park in which no jump or structure would be hig~r than 3 feet tall Chair Puzak asked the Park Commissioners to help with data co&ction by surveying any young persons they know who might have opinions. 5. WORK PLAN ITEM: RESPOND TO THE PARK FOUNDATION CHAILENGE ON CONCESSION STAND/SHELTER AT FREEMAN PARK Chair Puzak explained that the Park Foundation had suggested that the $100,000 budgeted for a concession stand could be used toward the purchase of the Wagner pro~rty. Chair Puzak asked for a resp:>nse from the Park Commission. Commissioner Colopoulos said that whili there is not a consensus in favor of the purchase, this ges1ure on the part of the Park Foundation should be considered as an act of leadership. In the future, a decision to not purchase the land may be viewed as a los t opportunity. Commissioner Dallman explained that the Park Foundation offered the reallocation of the money as a way of partially funding the land because the chance to obtain pro~rty adjocent to Freeman Park is a . . 4t Park Commission Minutes November 10, 1998 Page 3 limited time offer. The concession stand can be built at any time in th~ future. Commissioner Dallman added that their recommendation is to use the additional land for active field space ra~r than for parking or undeveloped buffer space. Commissioner Cochran cOIllI:rented that the suggestion from the Park Foundation to swing money from this ProFct into a land purchase is a big endorsement Commissioner Colopoulos added that, although there would still be a shortage of $137,000, the focus is worthy of comnt. Commissioner Colopoulos also pointed out that the sports organizations represent a large number of nonresidents which may be an issue to Shorewood taxpayers. Commissioner Dallman noted that there are also civic groups involved in the Park Foundation. Commissioner Dallman added that there were representatives of some sports organizations at the City Council meeting to express their support of the purchase for park development Commissioner Arnst asked what the focus is supp:>se to be with tonight's discussion. Commissioner Themig thought it was to move the concept of a park structure to the planning stage. Commissioner Dallman suggested a recommendation to City Council to begin plans for construction, (possibly build for the 1999 season), and then go to the sports organizations to ask about their plans for use and operntion of a concession stand. Commissioner Colopoulos asked if the prirmry value of the concession stand was perceived to be a revenue generator or would some other goals be achieved if it provides picnic shelter and a restroom? If its value is notin concessions, then the plan as a fund raiser/concession service does not affect the go-ahead. Commissioner Dallman replied that the sports organizations would like to see a concession service, but are not interested in opernting one, even though it may be a money maker. There is also value to them if the structure provides picnic shelter, warming house, kitchen facilities, restroom space, etc. Chair Puzak summarized the discussion: 1. This is a park amenity . Money making is tangent. If so, it is the City's park and their decisions. 2. It is not primarily a fund raiser. 3. It should be a multi-purpose building with possibly: kitchen, bathrooms, picnic shelter, maybe warming house, stornge, etc. Yes, there are a lot of issues, but they are tangential to these known points. Administrator Hurm agreed that it is significant for the Park Commission to look at it as an amenity first. . At one time it was seen as an opportunity for sports organizations to raise money to help reimburse the City. That was prirmry, but is now tangential. Chair Puzak reiterated that focus was lost when it was put out as a money maker. Think in terms of an amenity and start from there. Commissioner Colopoulos agreed that it is good to get away from the idea of a fund raiser. Commissioner Cochran added that we have been over-compocating the issue as a result. Commissioner Arnst stated that she likes this way of looking at the proFct and that this is the fIrst time the Commission has talked about it in a healthy way. Chair Puzak also was favorable about it, but doesn't wantto pull the rug out from under the Park Foundation on the idea of offering the money for the purchase of the Wagner pro~rty. Chair Puzak also brought up the issue of timing with a new Council which will have many other issues to deal with at the start of the new year. Park Commission Minutes November 10, 1998 Page 4 Administrator Hurm suggested that the $5,000 that has been raised for a park structure, plus the $2,000 from the Park Foundation coukl be used toward the cost of planning to help get the proj:ct off the ground. Commissioner Dallman noted that the Park Foundation has already agreed to the use of $2,000 for plans, but then found that plans coukl be done for free by Chaska Building Center if the materials are purchased there. Commissioner Arnst asked what the timeline for a park st.ru:ture would be if the $100,000 were to be used for the land purchase. Chair Puzak estimated 5 years. Commissioner Arnst stated that the park structure is a very diverse amenity and is doable now, where the land acquisition is in limbo and could take forever to materialize as a park amenity. Commissioner Colopoulos agreed that there are cons on the idea of the land purchase and a strong case in favor of the park structure. Commissioner Colopoulos doesn't see how one is a trade-off for the other. Chair Puzak asked Commissioner Dallman to make his best argument against spending money to begin plans for a park structure. Chair Puzak wants all sides of the argument on the tabe and put the topic up for debate. First, he caIed on Administrator Hurmforhis COIl1Irents. Administrator Hurrn suggested that the Park Commission needs to be prepared and do plans and assume that it woukl cost maybe $10,000 for design and plans. The $7,000 pledged by the Park Foundation may not be available if the structure goes no further than the planning stage, so do not count on that funding at this point. Commissioner Dallman explained that the Legion and the Tonka Men's Club have both offered $2,500 if matched by the Foundation, which they woukl agree to put toward planning costs. Administrator Hurm stated that they may not agree if the building is never built. Commissioner Dallman said that both organizations will be there any way they can, adding that there are those on the Foundation who would disagree with putting any money toward a park amenity. When it comes down to the park shelter, he felt the Park Foundation will move forward to build the park structure. Commissioner Themig noted that the master plan for the park includes a concession stand. The focus has been on concessions, which he would not support unless there was a demonstrated need, plan, estimated revenue, etc. If there is no interest in opernting or building it, why invest the money? He is in favor of a multi-use structure. Then, if the sports organizations corne forward with a demonstrated interest in concessions and an offer of financial support, it could be incorporated later on. Others agreed to that approach. Commissioner Themig added that part of the struggle is that someone from the City would need to take on this proj:ct if the Park Commission recommends money be spent for planning and asked who that would be. Administrator Hurm explained that normally that woukl be the role of City Engineer Larry Brown. Or it could be managed by the Park Foundation if they found someone to do so. There was further discussion about the timing of approval and funding from the 1999 budget. There was also question about how this would affect the potential to purchase the Wagner prorerty if still available. Commissioner Colopoulos said that each plan needs to be looked at for its own merit and the Park Commission should be consistent in its approach, proceed with plans and stick with it. Arnst moved, Colopoulos seconded; that the Park Commission request a transfer of $5,000 from the 1999 CIP effective as soon as we can arrange it to begin the design plans for a multipUlpose building to include restrooms and warming house shelter. ~ "T . . Park Commission Minutes November 10, 1998 Page 5 Following discussion, Themig amended the motion to include design and site plans to effectively evaluate sewer and water issues. Arnst accepted the amendment and Colopoulos seconded the motion as amended. Arnst withdrew the motion and restated as follows: The Park Commission would request $5,000 from the 1999 CIP to be used to develop plans for the multipurpose facility to be constructed at Freeman Park in addition to be used for site evaluation, specifically looking at the issues of sewer and water and placement of the structure. Colopoulos seconded. The motion passed unanimously. . There was disalssion about the next steps and possibilifus for other uses for the facility (concerts, interest point along the trail, etc.). There was consensus that this is a new view with lots of potential. 6. DEVELOP A POLICY ON THE USE AND IMPROVEMENT OF PARK LAND FOR ORGANIZED SPORTS ORGANIZATIONS . Commissioner Themig explained that a subcommittee has come up with a general concept to look with formility in dealing with sports organizations. This includes defining what service the City provides and what are the things they should be charged a fee for. The draft is open for disalssion and amendments. It woukl be good to have a fmal prepared by the end of 1998 so the sports organizations can be approached for ideas on their plans and needs for the coming year. Commissioner Colopoulos complimented the committee on a greet outline, adding that it only needs to be filled in with some defmitions. Commissioner Colopoulos pointed out that the VarDUS sports organizations woukl see "Basic Facility" in different ways. Providing space is the only basic facility that is true for all and beyond tha~ the possible interpretations are endess. Commissioner Themig replied that the general defmition for Base Facility is that which the City wants to provide at each park, such as restrooms, play stnx:ture, routine maintenance, the basic amenities. Commissioner Colopoulos explained that the policy should be easily understood by those outside of this group. Chair Puzak summarized that a team of three have given an outline. The need now is to identify definitions by key words and go back to the committee to rework the outline, who woukl then bring a fmal draft to the Commission. Basic Park Facilities include such things as parking, trash removal, restrooms or "portapotty", play stnx:ture, fiekl space, pro~rty. Commissioner Cochran noted that definitions should allow for future interpretation and flexibility. Commissioner Themig explained that the sports organizations woukl be told that these are the basics. Beyood that we woukl have to negotiate special needs. The word "Enhancements" woukl be requests that need to be identified in the prior year in order to allow time for budgeting. Administrator Hurm brought up anolher question to be addressed. What if, in the future the sport of Lacrosse becomes a big thing and we have com~tition for space. Does the City have control over the use of space that has been used by anolher sports group? Is that clearly defmed in this policy? Commissioner Themig said that the point of Fiekl Availability mentions this. It can be further developed under that heading. One consideration \Voukl be how a.particular activity meets the needs of the community (as in the decision to not allocate space for Frisbee Golf). Chair Puzak suggested a Park Commission Minutes November 10, 1998 Page 6 statement that the City is the owner and controller of park space. D nder the area of "Types of Expenditures", Chair Puzak suggested that New Projects include picnic shelter, irrigation or other examples. In ..No Non-resident Fees", Administrator Hurm explained that it has been the strong opinion of the Park CoIDIrission that we do not charge other cites. Commissioner Arnst suggested that the two sentences beginning with, '~his would be a paperwork nightmare. . ." be deleted. The idea is to take a more cooperative and positive tone. The subject of "Maintenanre Fee" has two areas that affoct the sports organizations the most are improvements and ongoing maintenance. This is where fees come in. Administrator Hurm explained that it has not been called a '.fee" before, but a "donation" which makes it a voluntary contribution. Commissioner Thernig said that the thought is for those who want exclusive use, there is a fee for . ongoing maintenance. Commissioner Cochran asked if this is implying that those who pay will get priority use? Commissioner Colopoulos said we have to consider inconsistency of the past poocy. Because of tradition, there is already an inconsistent application to overcome. Commissioner Thernig clarified that for those who want to reserve space, seniority goes to those who pay fees. Chair Puzak stated it is a reservation fee (paid via the organizations), not a user fee. Commissioner Dalhnan stated that he was uncomfortable with the idea If, for example, socrer wants to use the football fiekl and the football association has not paid a fee, does the poocy say that the football fiekl becomes a soccer fiekl? And how will it be enforced? Chair Puzak replied that the City has the final authority, but it is the term, ..policy" which gives flexibility. Commissioner Colopoulos stressed the importance of being consistent through the poli::y. Administrator Hurm said that this document is leveling for now, rega-dless of who paid in the pas~ or who did not. Chair Puzak stressed that these are gui~lines, not rules and not an ordinance. It allows for a neighborly, cordial pos lure. Administrator Hurmasked about interpretation in the case of what happens if an organization does not pay. Commissioner Themig said that this document should not say that Chair Puzak brought up the .' example of last year when there was demand for space and we had no poocy to refer to. This woukl provide gui~lines for how to respond. With regard to exclusive use, the sports orgmizations woukI need to comrrunicate with the City about their schedule and needs for spare. Commissioner Arnst noted that we do want a more fonml relmonship with the sports associations. CoIDIrissioner Themig explained that the thought was that once these were formilized, they woukl also develop a user-friendly package. Administrator Hurm said that the City has asked $3,500 from each of the three big organizations who use Freeman Park Football and hockey were suggested an amount of $500. Commissioner Thernig said that we have to defme inconsistency. Commissioner Colopoulos suggested requesting a copy of schedules and needs for getting a feel of how much use there woukI be. Administrator Hurm suggested using maps to determine space use. Commissioner Themig cOII1l'rented that this level of detail is beyond the scope of this document. Chair Puzak said that it won't be all solved in one night and we need to recognize the limitations of staff. Chair Puzak suggested using a ..per Head" fee such as $3 per registered player. In any case, there needs to be a fonrnla for fair and equitable trectment. Administrator Hurm said that there are problems with that approach and suggested it be determined by land use and wear and tear. . . . Park Commission Minutes November 10, 1998 Page 7 Chair Puzak concluded the disQlssion by thanking the three committee memrers, Mark Themi.g, Pat Arnst and JimHurm. Chair Puzak suggested that the sports organizations be invited at some point to disQlsS this change in policy when in draft form Commissioner Thernig asked Commissioner Dallman to bring the matter up at the next Park Foundation meeting. 7. NEW BUSINESS Commissioner Themig brought up a tope which was covered at the conference he recently attended. At a session on NSP corridors, it was explained that these can be used as trail easements. Commissioner Arnst announced that she is about to serve on an advisory committee for the Metro DNR Greenway Board, which covers ecological and recreational areas. This is of interest to cities, companies, developers, etc. Commissioner Colopoulos asked if any further action should be taken by the Park Commission to formilly make a statement to the City Council with regard to the Wagner prorerty before the matter is closed. Chair Puzak said that the Park Commission position was well documented in the minutes and that it should restthere unless someone wants to put it on an agenda. Commissioner Arnst asked if the future agendas could consider the timing of agenda iterm which are involving guests such as the park planner or city engineer. She suggested that their issues be addressed at the beginning of the meeting so they are not held up until the later hours of the evening. It was agreed that guests should go first. 8. OLD BUSINESS Commissioner Themig reported that he had attended a meeting of the Ad Hoc Land Conservation Committee. They are in the process of revewing their fmal report. It is very extensive and they have done an excellent job of identifying parcels of open space and evaluating options. He will sumrmrize the report for the Park Commission after he has read it through. There will be a Work Session of the Park Commission on November 24 at 7:30p.m. 12. ADJOURNMENT Arnst moved, Colopoulos seconded to adjourn the meeting. Motion passed 5/0. The meeting adjourned at 9:49 p.m. RESPECTFULLY SUBMITTED Connie Bastyr Recording Secretary {: . . CITY OF SHOREWOOD PLANNING COMMISSION MEETING WEDNESDA Y, NOVEMBER 4,1998 CITY COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES CALL TO ORDER Chair Borkon caned the meeting to OFder at 7:00 p.m. ROLL CALL Present: Chair Borkon; Commissioners Anderson and Callies; Planning Director Nielsen; Administrator Hurm; and Council Liaison O'NeilL Commissioners Bailey and Collins Absent: APPROVAL OF MINUTES Planning Commission Minutes. October 20, 1998 Anderson moved, Callies seconded approving the Planning Commission Minutes of October 20, 1998 as presented. Motion passed 2/0. (Chair Borkon abstained). 1. 7:00 P.M. PUBLIC HEARING. CONDITIONAL USE PERMIT FOR OPEN AND OUTDOOR SALES AND DISPLAY (AUTO SALES) Applicant: Location: Pelican Car Company, LLC 19245 Highway 7 Planning Director Nielsen reviewed the case with the Planning Commission. The applicants were present for questions regarding the used car dealership at the above address. Nielsen stated that the area is zoned C-3 which makes it necessary to have a Conditional Use Permit for this type of business. He informed the Commission that the property is currently non-conforming in several areas and that the Conditional Use Permit would bring the property into conformance. Issues of quantity of display cars, quantity of parking spaces needed, lighting, signage and landscaping were addressed. Staff recommended approval based on the recommendations for the above use, along with recommendations for concrete curbing, and conformity to setback ordinances, to be complete in 1999. The applicant, Merlin Dewing, 6045 Whitney Circle, thanked Staff for their work and stated his proposed intent with the property. He stated that his company has no desire to store more than 10 cars on the lot at one time and that the five current available spaces would be adequate. Chair Borkon opened the public hearing at 7:23 p.m. ~,A /1' PLANNING COMMISSION MINUTES NOVEMBER 4,1998. PAGE 2 Matt Larson of 5125 Vinehill Road, Minnetonka, expressed concerns regarding the way the mini- storage was handled in his neighborhood. He is concerned that the lack of communication with the residents and change in plans will happen again with the used car lot. Sam Warrick of 5109 Vine hill Road, Minnetonka, expressed concerns about his property value if commercial sites continue to expand in the area. He expressed major concern about future expansion of the proposed company, with lighting and traffic also being issues. Tom Erdmann of 19495 Merifield Circle, Shorewood, also expressed concerns about the amount of commercial development in this area. He stated that issues from the mini-storage leave him uneasy about commercial development in his neighborhood. His main concerns were lighting and traffic. Tom Heimer of 5215 Shady Lane, Shorewood, stated he is concerned about traffic, and future . expansion of the site. Lloyd Enger of 5230 Vinehill Road, Shorewood, expressed concerns regarding the lighting and traffic stating that he would like to see this commercial traffic kept off of Vinehill Road and put onto Highway 7. Mike Thies of 5235 Shady Lane, Shorewood, stated he is concerned about lighting, citing the mini- storage as an example of the impact on the residential area. He stated that he is worried about futur~ expansion, and the pollution from run-off created by cars sitting on the pavement for long periods of time. Merlin Dewing, with the Pelican ~ar Company, addressed the concerned residents stating that the business will remain within the limits of the Conditional Use Permit, particularly regarding no . additional lighting, and limited signage. Chair Borkon took this time to request Planning Director Nielsen to check the lighting at the mini- storage, and address any violations discovered. Chair Borkon also addressed the concerns of the neighborhood by explaining that any restrictions needed for the proposed Conditional Use Permit could be included in the staff recommendations to protect the residential areas from additional lighting, or expansion of the business. Hearing no further public testimony, Callies moved, Anderson seconded closing the public hearing at 8:05 p.m. Motion passed 3/0. Anderson questioned the hours of operation. Mr. Dewing stated that they don't foresee operation into the evening hours and will meet with clients by appointment only. He stated that the traffic flow would be minimal due to the size of their business. PLANNING COMMISSION MINUTES NOVEMBER 4,1998 - PAGE 3 Callies moved, Anderson seconded approving the Conditional Use Permit for Open and Outdoor Sales and Display for Auto Sales for Pelican Car Company, LLC at 19245 Highway 7, subject to Staff recommendations. Motion passed 2/1. (Chair Borkon opposed). Nielsen explained this matter will come before the City Council for their review and consideration on Monday, November 23, 1998. STUDY SESSION . 2. LAKESHORE-RECREA TIONAL DISTRICT Planning Director Nielsen reviewed the Lakeshore Recreational District Ordinance with regard to Howards Point Marina and the Shorewood Yacht Club. He recommends that the ordinance be studied and revised to promote compliance for these uses in their current zoning district. Nielsen asked that the ordinance be examined for to discover where amendments could be made to help existing conditions conform, to discover where the existing marinas could change to conform with the existing ordinance, and to recognize the points where the existing marinas cannot conform to the ordinance where the City would be willing to change the ordinance. A discussion was held and the Commission directed staff to revise the current report to compare the two existing marinas with the Ordinance. The report would then be reviewed at their next meeting. 3. COMP PLAN - COMMUNITY FACILITIES . Chair Borkon moved, Anderson seconded to strike this item from the agenda. Motion passed 3/0. 4. REVIEW CAPITAL IMPROVEMENTS PROGRAM (CIP) Administrator Hurm reviewed the Capital Improvement Program (CIP) and summarized the sections pertaining to the Planning Commission. Nielsen recommended approval of the CIP to the Commission. Concerns were raised regarding funds for reconstruction and reclamation of roads. Commissioner Anderson also raised concerns regarding opportunities for future acquisitions, and where the funds would be moved from if the situation arose. Administrator Hurm stated that no funds were allocated for future acquisitions at this time. He informed the Commission that the CIP could be revised and changed if future plans were made to the Comprehensive Plan. ,~ PLANNING COMMISSION MINUTES NOVEMBER 4,1998 - PAGE 4 Chair Borkon moved, Callies seconded recommending approval of the Capital Improvement Program as being congruent with the Comprehensive Plan. Motion passed 3/0. Nielsen explained this matter will come before the City Council for their review and consideration on Monday, November 23, 1998. 5. MATTERS FROM THE FLOOR There were none at this time. 6. REPORTS There were none at this time. . 5. ADJOURNMENT Anderson moved, Callies seconded adjourning the meeting at 9:33 p.m. Motion passed 3/0. RESPECTFULLY SUBMITTED, Kristine Kitzman, Recording Secretary TimeSaver Off-Site Secretarial, Inc. . Planning Commission Report Commissioner Anderson November 23,1998 · Have been working on Lake Shore Recreational District ordnance. - Howard's Point Marina & Shorewood Yacht Club · Reviewed Pelican Car Company Request. · Listened to some citizen concerns about the new Minnesota Mini Storage site. .. . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (612) 474-3236 FAX (612) 474-0128. www.state.net/shorewood. cityhall@shorewood.state.net MEMORANDUM . TO: Planning Commission, Mayor and City Council FROM: Brad Nielsen DATE: 29 October 1998 RE: Pelican Car Company - Conditional Use Permit for Outdoor Sales and Display FILE NO.: 405(98.15) BACKGROUND . Mr. Merlin Dewing proposes to operate a used auto sales lot behind the office building located at 19425 State Highway 7 (see Site Location map - Exhibit A, attached). The property in question is currently zoned C-3, General Commercial, in which district open and outdoor sales requires a conditional use permit. The property contains approximately 18,152 square feet of area, and has frontages on both Vine Hill Road and the service road for Highway 7. The site is currently occupied by an office building containing approximately 3000 square feet of floor area on one and one-half levels. Zoning and land use surrounding the site are as follows: North: East: South: West: State Highway 7, then commercial in Deephaven Coffee shop; zoned C-3 and residential in Minnetonka Self-storage facility (recently completed); zoned C-3 Office building; zoned C-3 &.8. f"" f . PRINTED ON RECYCLED PAPER ... ,. Memorandum Re: Pelican Car Company - C.D.P. 29 October 1998 The applicant proposes to lease approximately 486 square feet of the office building and use a portion of the existing parking lot for display of cars for sale. He describes his proposal in Exhibit B, attached. A survey showing the existing building, parking lot and proposed parking layout is shown on Exhibit C. The applicant's landscape plan is illustrated on Exhibit D. ISSUES AND ANALYSIS . Although auto sales (indoor) is allowed in the C-3 zoning district as a permitted use, outdoor sales and display requires a conditional use permit pursuant to Section 1201.21 Subd. 4.e. of the Shorewood Zoning Code. It should be noted that the building and the site are somewhat nonconforming with respect to current zoning requirements. Specifically, the building is only five feet from the east property line and 25 feet from the front property line, where 10 feet and 30 feet, respectively, are required. Also, the parking lot does ~ot comply with the five-foot setback requirement from abutting properties or the IS-foot setback from the street r.o.woo Nor is the parking lot curbed or striped. The extent to which these nonconformities can be corrected will be addressed in conjunction with the specific requirements for the conditional use permit, which are as follows: 1. The proposed outdoor sales area can be no larger than the gross floor area of the principal use. The office building contains 3000 square feet of floor area. Since a car parking space requires 180 square feet, 16 spaces for auto display could be located on the property. As noted in 5., below required parking will dictate how much display area can be allowed on the site. . 2. The proposed auto display area is only visible to adjoining residential property on the east side of Vine Hill Road, in Minnetonka. These residences are fairly well screened already. At staff's direction, the applicant proposes to add additional landscaping as shown on Exhibit D. 3. The applicant proposes no additional site lighting. Lighting from adjoining property is apparently adequate for security purposes. 4. The area proposed for auto display will be paved. 5. The display area can not take up parking area that is required for the principal use. Based upon the size of the office building, 17 parking spaces are required. The applicant's site plan shows space for 23 cars. Two of these spaces will be lost by reducing the parking lot to comply with the setback from Vine Hill Road. This " -L- Memorandum Re: Pelican Car Company - C.U.P. 29 October 1998 leaves only four spaces available for auto display. It is possible that additional spaces can be designed based upon the Parking Lot Dimensions Table found in Section 1201.03 Subd.d.(7)(b) of the Zoning Code. Upon receiving a full scale survey of the site, staff will lay out the optimum parking/display area design. This alternative will be forwarded under separate cover. 6. As proposed, the applicant's request is consistent with the requirements set forth in Section 1201.04 Subd.1.(d) (general requirements for conditional uses) of the Zoning Code. RECOMMENDATION . The nature of the applicant's proposed business is different than the typical used car lot. All of the negative aspects of a sales lot appear to be addressed by the applicant's proposal (e.g. signage and lighting). Furthermore, the conditional use permit provides an opportunity to bring the existing site closer to compliance with current zoning requirements. It is therefore recommended that the conditional use permit be granted subject to the following conditions: A. The applicant should submit a detailed signage plan showing the size and location of all proposed signs. No window signs, banners, searchlights or other attention- getting devices should be allowed. The signage plan will be subject to approval by the City Council. B. The display of cars for sale shall be limited to the area remaining after required parking is accounted for. Display area should be marked with small signs as proposed by the applicant. In no case shall cars displayed for sale take up parking as required by the Zoning Code. . C. No repair of automobiles shall be allowed on the site. D. Lighting shall be limited to that which currently exists on the property. E. The parking lot must be improved to include perimeter concrete curbing. The paved area should be reduced to comply with the IS-foot setback from Vine Hill Road. The parking lot must be striped according to the optimum design for parking and display, a plan of which will be provided under separate cover. '"' -..)- Memorandum Re: Pelican Car Company - C.U.P. 29 October 1998 F. Given the narrow aisle width that is required to accomplish the required number of parking and display spaces, a "Do Not Enter" sign should be posted at the Vine Hill Road driveway. G. Cars must be delivered to the site on small trucks or driven in. No on-street loading shall be allowed. H. Landscaping as shown on the applicant's plan must be completed by 1 July 1999. The size of proposed plant materials must be consistent with requirements of the Shorewood Zoning Code. 1. Since weather will not permit the landscaping or parking lot improvements this time of year, a letter of credit must be provided by the applicant to ensure the work will be done by I July 1999. The letter of credit must be 1.5 times the applicant's bid for doing the work. The amount shall be subject to approval by the City Engineer. . J. Until the parking lot improvements can be completed, the applicant must stripe the parking lot based upon the parking/display area design approved by the City. The signs limiting the display area should be in place before any cars are delivered to the site. Cc: Jim Hurm John Dean Larry Brown Merlin Dewing Rick Birno . -4- :", ~ ':93.4 f ~l,. ',-:'6 '''',01 . "9.~ i'...')1:6.a~ , !':: (4) iff 'I (54) ( 27) ~i; , (23) ! n~ ~!. .11N~~' ;l~~~ 250: '!. 53 =tEj ~, u: .~. ,.. s i L__ ,..;. ~U, . .--.,.:.~:;-. i;" i8) i ' ~,~- ~. ,) NORTH....' ~ ",\1.." .' I ...,~.~-~ (~) '9 ' 'fzS!f ~\'5-")l ~'''."!' .~'\~ ( 39) ~!D~f f .. ( T:!) 1 (':OJ '''41 :'':'' ~ ..~...4... II ~ ~ < i: '1 (39) Not to Scale I I ~n ~ _1_______ ~ .. .; : -Tw.-----.--- ~ It - ,~' \ ,.;: ".--:-~---- = , ~ : ~ ~ i....""'iJ /~3-m--;; .; t'" ~ (,') 'S' _I <r-O ,..,1 (W ') . (11) (Z) , . ~..'.,... \1''' (S) . :ll i'" , (5) i' (7) '" 'tl :s ]j ~ ~ oj 0) (57) / [:91 // // , ,:I.n ;Y.)) / Exhibit A SITE LOCA T Pelican Car cION ompany - COL.? ..:; ~.:. Pelican Car Company. LLC This will describe the company, its business, mission, and the nature of the request for zoning as an auto dealership and our commitment to the City of Shorewood and its residents. The company, its business and mission Pelican Car Company is a family owned business organized as a Limited Liability Company. It intends to remarket high-end vehicles coming off lease while still under warranty. The company will sell directly to the public using fixed non-negotiable, prices. These prices will generally be lower than franchised dealer prices. We will also search for specific models at the request of our customers. This will be facilitated, in part, through an internet web site. . The company's mission is: 1. To sell our customers the best cars for the best price in the same manner in which we would want to be treated. 2. To feature the caring and respect of our individual family members and to honor each person's views and diversity. 3. To support the community in which we operate. We are convinced that the purchasers of high end autos such an Audi, Lexus and BMW want to be treated in a respectful manner in an environment which does not have a traditional "auto dealer" appearance. Therefore, we will not rely on sales gimmicks such as, "I have to check this price with my sales manager." Trade-ins will not be accepted. . The appearance of the company's premises will always be clean and neat with autos always washed and neatly parked. There will be no balloons, strobe lights or signs painted on, or otherwise attached to the autos. There will be a sign attached on the signpost in front of the property and a smaller sign next to the entrance announcing our hours and telephone number. In addition, five of the parking spaces will have small signs indicating that the parking is exclusively for Pelican Car Company. Automobiles will be purchased from financial institutions such as Chase Bank or at auction. Since prices vary by auction location, we will consider auctions in Chicago and Detroit. Auto leases have increased dramatically in recent years and dealers are no longer able to remarket all of these cars through dealer networks. The company will sub-contract for all mechanical and vehicle services and none of this work will be performed on the premises. It is expected that Shorewood businesses will be used exclusively assuming high quality vendors can be located. It is Qur intention to support neighborhood businesses in other ways as well. For example, our customers will be treated to free coffee at Camp Coffee which is located adjacent to the property. Exhibit B-1 APPLICANT'S REQUEST NARRATIVE Request for zoning as an auto dealership The State of Minnesota requires anyone selling more than four autos in a single year to have a dealer's license. One of the conditions of a dealer's license is appropriate zoning from the community in which the business is located. Accordingly, we are requesting approval to operate our business at 19245 Highway 7, Suite A, Shorewood, Minnesota as an auto dealership. Commitment to the City of Shorewood and its residents Pelican Car Company will improve the present state of the property by insuring that the parking lot is lined, that the shore station and boat which are presently parked there will be removed immediately, and that new planting, weeding and fertilizing will take place during April, 1999. . Vehicles will always be neatly parked and clean. There will be no outside signs except for those described above and there will be no other types of external devices intended to attract attention such as balloons, etc. Owners and addresses Merlin & Barbara Dewing 6045 Whitney Circle Shorewood, MN 55331 612-470-5277 Richard & Lisa Bimo 5965 McKinley Place Shorewood, MN 55331 . Jeffrey Dewing 4237 Magnolia Lane Plymouth, MN 55441 Scott & Karen Dewing 6541 Devonshire Drive Chanhassen, MN 55317 Exhibir B-2 1) a. Site Proposal. Building locations: Attached is Exhibit A, which is outline of present existing building. This request has no additional proposed structures or changings for this site. c. Location and number of existing and proposed parking spaces. See Exhibit B. The main parking lot is on the east side oflot adjacent to Vine Hill. There is no proposed new parking. The other tenants in building are low users of parking. f. Location and candle power of an illuminators: There is no pole lights on property. The property adjacent to property on Vine Hill Road has security light that also signs on property. g. Curb cuts. driveways. number ofparkin~ spaces: There are two curbs entering the property. The main entrance off frontage road bordering Hwy 7 directs traffic to front entrance. The second one is on Vine Hill Road, which enters main parking lot on the east side of parcel. . i. The present building has three yard lights on building walls of250W that are light activated. 2) b. Dimensions of proposed and existin~ stuctures. There is no proposed addition to this building. The building is presently 24.1 x 102. c. Typical floor plan and typical room plan. See Exhibit C. No plans to alternate present structure or change floor plans. d. Set backs of all buildin~s located on property. e. Proposed setbacks: There is no proposed setbacks. 3) a. Existin~ contour. See exhibit for existing survey. . c. Draina~e confi~tion: The property water drainage flows two ways. Since the property is higher than the Frontage Road bordering the property to the north. The main flow is down to the Frontage Road. There is an asphalt curb on west lot line which directs water down the hill water drainage on the east property line flows to Vine Hill Road. There is enough pitch for adequate flow yet directs flow away both adjacent property lines on both the south and north parcels boarding property. Exhibit B-3 / I':' ~. / ~\\------ / ~'~ / ._: I /[/~I..: /..,~ /.,. .0' . /" ' / ". p-, '.-' /~ </ 0 .,1 /, N. E.. '::'o~t--.Je::... ....~~ I-o-r I <:; I "\N ~ ;";'Ii.-L ~ ' " .. ", . ". ! .......... I r ~ (-&~' -"t ~r .,./ ~ o 2 <( Q) 0 () en a -+- -+- a c Q) ~ 0 0.. 0 E .~ .c. -+- C a en rl:;l. : Q) () pol=-: 0 "'l~t .: ~ fJ~ 0.. :0 .; en c:: :;, 0> &411c C ::.0&: ~ It:'!c ~ alo.~ 0 .,~ " 0.. l!.. :~l: ~ .~e: " a :J,~~ .- 0> i'hc" C ::.0": .~ :::0:.' ~ 'I. ,'- . . '-r.:"',:" -0 ~tc;'. 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To: Mayor and City Council James C, Hurm, City Administrator From: Teri Naab, Executive Secretary / Deputy Clerk November 17, 1998 Property Specific Charges - 5355 Shady Hills Circle Date: Re; Mr, Ron Johnson has requested that money he has paid ($700.00) in the past toward his sump pump penalty fees be reapplied to his currently delinquent utility bills, In October 1993 the City initiated a sump pump inspection program to verify waste water was not being disposed of through the sanitary sewer in an effort to contain treatment costs being charged to the City, The program was finalized in February / March of 1994' and properties in non-compliance began to be charged the $100/month surcharge, The City at that time determined that this requirement be deferred on the Johnson property as there was pending litigation. In March of 1996, the City Attorney advised Mr, Johnson that he must now comply with the requirements of the ordinance or be subject to a penalty fee, Mr, Johnson refused inspection and the City began charging the surcharge of $100 per month for non-compliance. Initially Mr, Johnson paid the charges (from March 1, 1996 through September 30, 1996). After that payment was stopped aijd the amount was declared delinquent. However, upon direction by Council the surcharge was never certified to the tax rolls, Since June 30, 1997, Mr, Johnson has not paid his utility bills and the delinquent amount for these charges has been certified to his property in 1997 and 1998, Mr, Johnson has asked that the amount he has previously paid toward the sump pump penalties be reapplied to cover his current delinquent utility charges, The Council should take action on Mr, Johnson's request and provide direction to staff, #8 CITY OF SHOREWOOD RESOLUTION NO. 98- A RESOLUTION ELECTING TO CONTINUE PARTICIPATING IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT CALENDAR YEAR 1999 WHEREAS, the Metropolitan Livable Communities Act (Minnesota Statutes Section 473.25 to 473.254) establishes a Metropolitan Livable Communities Program which is intended to address housing and other development issues facing the metropolitan area defined by Minnesota Statutes section 473.121; and WHEREAS, communities that participate in the Livable Communities Act Local Housing Incentives Account Program are eligible for program funding and receive an advantage in competing for many state and federal grant programs; and WHEREAS, the Metropolitan Livable Communities Act requires the Metropolitan Council to negotiate with each municipality to establish affordable and life-cycle housing goals for that municipality . that are consistent with and promote the policies of the Metropolitan Council as provided in the adopted Metropolitan Development Guide. ' NOW, THEREFORE BE IT RESOLVED, that the following goals are set for the City of Shorewood through the year 2000: . Review and revise the current Comprehensive Plan and complete its "housing" section, . Continue to explore the concept of sub-regional planning and cooperative efforts to address affordable housing needs in cooperation with other south Lake Minnetonka cities, . Pursue efforts to maintain the current mix of housing, and . Work with the Metropolitan Council in addressing barriers to affordable housing in Shorewood which are direct responsibilities of the Metropolitan Council, most specifically, high metropolitan sewage charges and the lack of metropolitan transit service for those in need of the service to travel to even neighboring communities. . BE IT FURTHER RESOLVED that the City Council of the City of Shorewood hereby elects to participate in the Local Housing Incentives Program under the Metropolitan Livable Communities Act during the calendar year 1999. ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 23rd day of November, 1998. ATTEST: TOM DAHLBERG, MAYOR JAMES C. HURM, CITY ADMINISTRATOR #9 ,w . . CITY OF EXCELSIOR 339 THIRD STREET EXCELSIOR, MINNESOTA 55331 TELE: 612-474~233 November 5, 1998 Howard Bennis, Mayor City of Deephaven 20225 Cottagewood Road Excelsior, Minnesota 55331 Alan Albrecht, Mayor City of Greenwood 20225 Cottagewood Road Excelsior, Minnesota 55331 Thomas Dahlberg, Mayor City of Shorewood 5755 Country Club Road Excelsior, Minnesota 55331-8927 Douglas Keller, Mayor City of Tonka Bay 490 I Manitou Road Excelsior, Minnesota 55331-9560 Dear Mayors: I am very pleased that each of the cities served by the Excelsior Fire Department has agreed that it will renew the agreements for the continuation of fire services--with the strong likelihood that in so doing, we will not need to revisit the contract issue for another ten years. Your city administrators have had an opportunity to review the proposed revisions to the agreements prepared by the City of Excelsior. As none of them had suggested changes to the agreements, a proposed agreement is being forwarded to each City Council for its approvaL As we discussed throughout the late summer and into early fall, the Excelsior City Council is in full agreement that a Special Review Committee be formed to examine if changes are need in management and governance issues relative to the Excelsior Fire Department. On September 8, 1998, the Excelsior City Council officially endorsed the concept and make-up of this Committee as it had been described in resolutions adopted by the City Councils of Shorewood, Greenwood, and Tonka Bay which called for one member and an alternate from each City. The Excelsior City Council believes that each of the five cities has an equal stake in the economy and effectiveness of fire and emergency medical services provided by the Excelsior Fire Department just as each City may have different level of service needs. Excelsior's intent is for it to be a working Committee which will work directly with the volunteer fire department leadership and each City Council to understand the history ana issues of operations, governing, and management which will strengthen both the department and each City's understanding of the issues involved in keeping the excellent, affordable fire protection which we have enjoyed for over a century. To perform that role most effectively, we believe one #/fJ 'OJ . Mayors of Excelsior Fire Department Service Cities November 5, 1998 Page Two of the representatives from each City should be an elected official. The purpose of the working committee is to identify (and make recommendations, if needed or possible,) the critical areas for the Department to address in order to continue to provide effective and high-value service for our Cities into the new millennium. I will set up a mayors meeting in the very near future to clarify and confirm our expectations of the Committee, and to provide a framework for its initial efforts. Thank you. Sincerely, ~J'~ . Steve Finch Mayor, City of Excelsior cc: Excelsior City Council Excelsior Fire Chief Gary Ringate Excelsior Fire Department Board of Trustees . l' . . AGREEMENT FOR SERVICES THIS AGREEMENT, made and entered into this day of 1998, by and between the City of Excelsior, a Municipal Corporation of the County of Hennepin in the State of Minnesota, party of the first part, hereinafter referred to as "Provider", and the City of Shorewood, a Municipal Corporation of the County of Hennepin in the State of Minnesota, party of the second part, hereinafter referred to as "Receiver", witnesseth: WHEREAS, the City of Excelsior has labor, facilities, and equipment and is willing and able to provide fire protection service to neighboring municipalities; and WHEREAS, the City of Shorewood is a neighbor to the City of Excelsior and is desirous of receiving fire protection service; NOW THEREFORE, in consideration of the premises and the mutual covenants of the parties hereto, it is agreed as follows: 1. PROVISION OF SERVICES The Provider will endeavor to protect and save lives and property in the City of Shorewood from destruction by fire, by furnishing suppression, prevention, inspection and investigation services to the same extent as it does within the City of Excelsior. The Provider will also furnish labor and equipment to perform rescue operations on land and water, and provide limited medical treatment of injuries until basic or advanced life support with transportation is available at the scene to remove the patient to a medical facility. The Provider will not furnish labor or equipment for any activity or service determined by the City Manager of Provider to be of high risk to safety or health of the participants. II. SERVICE AREA The Provider will furnish all services to all properties within the corporate limits of the Receiver municipality unless otherwise designated as "capitalized excluded property" on the Capitalized Service Area Map (Exhibit I). The Receiver shall provide a Capitalized Service Area Map to the Provider. The map shall be updated at least annually by the Receiver in order to provide the most recent property descriptions to enable the Provider to locate and determine the best routes to all locations within the Receiver municipality. III. OBLIGA TrONS OF PROVIDER The Provider will make reasonable efforts to respond to all service calls from the Service Area, whenever notified, but subject to the following conditions and limitations: ~ ., AGREEMENT FOR SERVICES PAGE 2 A. The Provider will not be required to furnish any services unless the road and weather conditions are such that any response to a service call can be made with reasonable safety to the personnel and equipment. The judgment of the Fire Chief, or other Officer in charge, at the time of the service call that a response can not be made with reasonable safety to the personnel and equipment shall be final and conclusive. B. In the event all of the Provider's equipment is being used at the time that a service call is received, or is otherwise needed to local service, or in the event the Provider has received a prior contract call, or received simultaneous contract calls, the Fire. Chief or other Officer in charge, at the time of the service call shall have complete discretion in deciding how to respond to the service call(s), inciuding the order of response. . Monthly fire service reports shall be provided to the City Administrator denoting the number of calls for the previous month and the hours spent in suppression, prevention, inspection, and investigative activities. A monthly rescue/medical report denoting the number and types of calls shall also be provided. Personnel assigned to provide services within the Service Area shall be employees of the Provider. The Provider shall assume all obligations with regard to compensation and benefits including worker's compensation insurance, withholding tax, and other agreed upon benefits which may exist. The Receiver shall not be required to furnish any of the foregoing fringe benefits or assume any other liability of employment to any employee or other person assigned to duty within the Service Area, unless the Receiver employs such individual directly, independent of this Agreement, to provide fire suppression or related services in the Service Area. In such . event, all obligations and liabilities with respect to employment of said individual shall be the complete responsibility of the Receiver. No such direct employment shall be entered into by the Receiver without first obtaining the written approval of the City Manager of the City of Excelsior. The fire suppression, prevention, inspection, and investigative services rendered to the Receiver shall be under the sole direction of the Provider. The degree of services rendered, the standards of performance, the hiring, firing, and discipline of the personnel assigned, and other matters relating to the regulations and policies, shall remain in the sole control of the Provider. Any disputes between the parties to this Agreement as to the extent of functions and duties to be rendered hereunder, or the level or manner of performance of such service, shall be resolved by the Excelsior City Manager. AGREEMENT FOR SERVICES PAGE 3 The Provider shall keep accounting records showing the total costs of providing fire suppression, prevention, inspection, and investigative services, and rescue and medical services within the several Service Areas to which these services are rendered. These accounting records shall be made available to the Receiver upon request. IV. OBLIGATIONS OF RECEIVER As previously mentioned in Section II of this Agreement, the Receiver shall, within six months of signing this Agreement, provide a current map of the City designating the Service Areas and any exceptions. Said map shall also designate address patterns and show any water main and fire hydrant size and locations. . The Receiver shall adopt the latest Building and Fire Safety Codes approved in the State of Minnesota. The Receiver shall give the Provider sufficient legal authority for fire inspections and investigations within the Service Area, and shall notify the Fire Marshal of any and all building permits issued within the Service Area. The Receiver shall also adopt regulations to limit building heights to a maximum of 35 feet as defined by the Uniform Building Code. V. INDEMNIFICATION The Receiver will indemnify and hold the Provider harmless against all claims or causes of action resulting from any action by the Provider under this Agreement. The Provider shall not be liable in any way to the Receiver for loss or damage of any kind resulting from the failure of the Provider to respond to a service call whether such loss or damage is caused by the negligence of the officers, agents, or employees of the Provider, its fire department or other department. . The Provider shall not be ltable in any way to any inhabitant or property owner within the Service Area, or to any person, firm or corporation for failure of the Provider to attend a fire, or to put out a fire, or for damage to goods, or for any inspection, or for any act or omission. The Provider shall make no claims against the Receiver on account of damage to the property of the Provider while providing services within the Service Area. The Provider shall carry liability insurance protecting itself against damage claims of its personnel for personal injuries sustained while in service within the Service Area, and to further carry liability insurance saving both parties harmless so far as negligent acts of the employees of the Provider are concerned. AGREEMENT FOR SERVICES PAGE 4 VI. COMMAND RESPONSIBILITY The Fire Chief, or Incident Command Officer, shall have the sole and exclusive right and responsibility to prescribe the manner and method of responding to calls and rendering the services contemplated. Said individual immediately upon arriving at the scene of any fire, rescue, or medical call shall have the sole and exclusive responsibility and authority to direct and control any and all firefighting and emergency operations at such scene or scenes, including the direction of police officers at the scene with respect to traffic control, protection of citizens, and other incidents of the emergency. If, in the opinion of the commanding officer additional equipment is needed from other jurisdictions or private businesses to reduce the emergency, then he shall have authority to obtain the needed equipment and the Receiver shall reimburse all associated costs to the Provider. VII. DETERMINATION OF SERVICE FEE AND PAYMENTS . Services described in Section I of this Agreement shall be rendered in consideration of the following formula and fee. The Formula used to determine the annual service fee shall be: TCR x (.5 X TBP) + RAC x (.5 X TBP) = RAF TCT TAC Where TCR is the most recent certified total Tax Capacity of the Receiver; TCT is the most recent certified total Tax Capacity of the Excelsior Fire Department's Total Service Area (comprising of all parts of the cities of Deephaven, Excelsior, Greenwood, Shorewood with . exclusion of Enchanted Island area, and Tonka Bay); RAC is the Receiver's three year Average Calls for their service area; TAC is the Total three year Average Calls for the total service area; TBP is the Total Annual Budget of the Excelsior Fire Department, the Provider; and RAF is the Annual Service Fee of the Receiver. The Tax Capacity of each Service Area within the Excelsior Fire Department's Total Service Area shall be that figure officially calculated by the Hennepin County Treasurer. By July 1, of each year during which this contract remains in effect, the Provider shall notify the Receiver of the Estimated Annual Service Fee for the next year at which time the Receiver shall have 30 days to submit comments and recommendations. The Provider agrees to limit spending increases in the annual operating budget to 8% or less in any given year for the term of this Agreement unless written approval is obtained from three of the five contractual cities. The Final Annual Service Fee shall be billed to the Receiver in quarterly amounts and shall be due and payable on February 1, May 1, August 1, and November 1. AGREEMENT FOR SERVICES PAGE 5 VIII. SPECIAL FIRE DEPARTMENT REVIEW COMMITTEE A "Special Fire Department Review Committee" shall be established to study management and governance issues (but not funding-formula issues) related to the provision of fire suppression and prevention services, and emergency medical services. This Committee shall be comprised of representatives from the cities of Deephaven, Excelsior, Greenwood, Shorewood, and Tonka Bay, and shall include representation from the Excelsior Fire Department and the Excelsior City Manager. . The cities of Deephaven, Greenwood, Shorewood, and Tonka Bay have adopted resolutions which state the purpose, tasks, membership, and procedures of the Committee. These resolutions shall guide the Committee, and any differences between the resolutions shall be settled by the Committee. (Copies of the resolutions are attached to this Agreement.) The Committee shall cease to exist on July 1, 1999, unless agreed upon by all parties to continue until a date certain. IX. TERM OF SERVICE The term of this Agreement shall be five (5) years, commencing January 1, 1999 and expiring December 31, 2003, and shall renew automatically for an additional five-year period through December 2008, unless the Receiver notifies the Provider in writing by June 30, 2001, of its intent not to renew the Agreement. . X. NOTIFICATIONS Legal notifications or fee statements required to be given to the parties of this contract shall be made in writing to the following officials at the stated locations: The Provider City Manager City of Excelsior 339 Third Street Excelsior, MN 55331 The Receiver City Administrator City of Shorewood 5755 Country Club Road Shorewood, MN 55331 AGREEMENT FOR SERVICES PAGE 6 In witness hereof, the parties hereto have executed this Agreement the day and year first written above. CITY OF EXCELSIOR Steve Finch, Mayor ATTEST: . James R. Olds, City Clerk/Treasurer Craig W. Dawson, City Manager CITY OF SHOREWOOD Tom Dahlberg, Mayor . James Hurm, City Administrator CITY OF DEEPHA VEN RESOLUTION NO. 33-98 A RESOLUTION REGARDING THE EXCELSIOR FIRE DEP ARTlvlENT \VHEREAS, the cities of Deep haven, Greenwood, Shorewood and Tonka Bay have had a tradition of excellent fire and rescue service from the Excelsior Fire Department of over one hundred years: and vVHEREAS, the cities have a mutual interest in providing the highest quality service possible for all South Lake Minnetonka residents; and \VHEREAS, the stability of a five year service contract is important to the department, and for the fmancial planning of each of the cities; and \VHEREAS, the City of Deephaven has concerns that need study and deserve thoughtful consideration; and . \VHEREAS, the Deephaven City Council supports a thoughtful review of carefully defined Fire Department management and governance issues. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Dephaven supports the following: 1. That a five year contract be entered into with the City of Excelsior for fire and rescue service. Said contract shall be in effect from January 1, 1999 through December 31, 2003. 2. That a Special Fire Department Review Committee be established to study issues and complete a report with recommendations to the cities by July 1, 1999 in accordance with Exhibit A. . 3. That said Committee may study management and governance issues, but may not consider funding formula issues. 4. That any costs of said Committee shall be born by the cities in the same ratio as established for the 1998 budget: Deephaven Excelsior Greenwood Shorewood Tonka Bay 22% 22% 5% 40% 11% 5. That on July 1,2001, which allows a two year period for implementation following submission of the Committee report, the contract will be automatically renewed for an additional five (5) year term (through December 31, 2008), unless at least one of the contracting city councils notifies the other city councils in writing by June 30, 2001 of their intent to not renew the contract. The ensuing twelve (12) months shall be spent attempting to work out any differences and complete a five (5) year contract renewal with all partners included. Any mediation costs will be split based on the ratio established in #4 above. Should a contract not be reached by July 1,2002 the remaining cities will commence negotiations on a new contract for service. BE IT FURTHER RESOL VEDthat the frameworks for a Special Fire Department Review Committee be as follows: Committee Purpose: To carefully study and make recommendations regarding a list of issues on the management and governance of the Excelsior Fire Department heading into the twenty-first century. Committee Tasks: 1. To identify and define the list of issues to be studied upon input from each . of the cities. 2. To carefully consider each issue the Committee should: · Establish a reasonable research objective · Seek input from and tap creativity of department personnel · Conduct interviews with other fire departments · Analyze alternatives, considering level of safety and fiscal impact · Thoroughly discuss each alternative and recommend the best among them · Decide on a best package of recommendations including a proposed implementation timetable Committee Makeup: , 1. Each City Council shall appoint a voting representative or representatives . to the Committee based upon the ratio each city contributes to the budget, for a total of 10 committee members. Each city shall have at least one representative. 2. Each City may appoint non-voting technical support person(s) who may participate and vote when the voting member(s) is/are not present. 3. The Fire Chief (or a designee) and an individual with fire service experience appointed by the Excelsior City Manager shall serve as non- voting technical support. Committee Procedures and Sunset: 1. The Committee shall base its decisions on the question, "Is this good for the long term management and governance of the department as a whole?" 2. The Committee shall establish its own rules, procedures and timetable. 3. The Committee shall cease to exist on July 1, 1999. BE IT FURTHER RESOLVED that the Deephaven City Council agrees to negotiate a five (5) year renewal agreement subject to mutually agreed upon terms and conditions by December 31, 1998. ADOPTED BY THE CITY COUNCIL OF THE CITY OF DEEPHA VEN THIS 5th DAY OF OCTOBER, 1998. /---/ fl Howard F. Bennis, Mayor ATTEST: . . EXHIBIT A The Special Fire Department Review Committee shall do the following: 1. Provide monthly reports. 2. Publish meeting notices. 3. Record meetings. 4. Provide a Co-Chair. 5. Need to add a timeline: a. Agenda with time line commitment. b. Written Monthly Progress reports. . . CfTY OF GREENWOOD RESOLUTION NO. 18-98 A RESOLUTION REGARDING THE EXCELSIOR FIRE DEPARTMENT WHEREAS, the cities of Deephavcn, Greenwood, Shorewood and Tonka Bay have had a tradition of ~xcellent tire and rescue service from the Excelsior Fire Department of over oue hundred year:>: ilnd J WHEREAS, the cities havt:: a mutual interest in providing the highest quality service possiblt: lilr all South Lake Minnelonka residents; and WHEREAS, the stability of a five ycar service contract is important tot he department, anJ lur lhe financial planning of each of the cities; and WHEREAS. the City of Decphaven has concerns that need study and deserve thoughtful consideration; and . WHEREAS, the City of Shore wood has significallt financial concerns due to the levy limit imposed by the Stale of Minnesota; and WHEREAS, the Greenwood City Council supports a thoughtful review of carefully define Fire Department management and governance issues. NOW, THEREFORE DE IT RESOL VED that the City Council of the City of Grecnwood supports the following: 1. That a five year contrdct be entered into with the City of Excelsior for fire unci re~uc service. Said contract shall be in effect from January 1, 1999 through December 31, 2003. . 2. That a Special Fire Department Review Committee be established to study issues and complete a report \vlth recommendations to the eities by July 1, 1999. .., .J. Thal said Committee may study management and governance issues, but Consider funding formula issues. 4. That any costs of said Commiltee shall be born by the cities in the same Ratio as established for the 1998 budget: Deephaven Excebior Greenwood Shorewood Tanka Bay 22% 22% 5% 40% 11% 5. That on July I, 2001, which allows a two year period for implementation Following submission ofihe Committee report, the contract will be automatically r~n~wed for an additional five (5) year term (through December 31, 2008), unless at least one of the contracting city councils notifies the other city councils in writing by June 30, 200 I of their intent to not renew the contract. Thccnsuing fwelve (12) months shall be spent attempting to work out any differences and cl.)mplete a five (5) year contract renewal with all partners included. Any mediation costs will be split based on the ratio established in #4 above. Should a contract not be reached by July 1, 2002 the remaining cities will commence negotiations on a new contract for service. , I, DE IT l~LJRTHER RESOLVED that the frameworks for a Special Fire Department Review Committee be as follows: Committee Puroose: To carefully study and make recommendations regarding a list of issu~s on the management and governance of the Excelsior Fire Department heading into the twenty iirst century. Committee Tasks: . 1. To identify and define the list of issues to be sludied upon input from each of the cities. 2. To c<ll'efully consider each issue the Committee should: · Establish a reasonable research objective · S~~k input from and tap creativity of department ~rsonnel · Conduct interviews with other fire departments · Analyze ultematives, considering level of safety ill1d fiscal impact · Thoroughly discuss each alternative ill1d recommend the best among them · Decide on a best package of recommendations including a proposed implementation timetable Committee Makeup: 1. Each City Council shall appoint one voting representative on the Committee. . 2. Each City may appoint one non-voting technical support person who may Participate and vote whcn the voting mcmber is not present. 3. The Fire Chief (or a designee) and an individual with fIre service Experience appointed by the Excelsior City Manager shall serve as non- voting technical support. Committee Procedures and Sunset: 1 The Comll1ittee shall base its decisions on the question, "]5 this good for . the long term management and governance of the department as a whole'?" The Committee shall establish its own rules, procedures and timetable. 2. J. The Committee shall cease to exist an July 1, 1999. I3E IT fURTHER RESOLVED that the Greenwood City Council agrees to m:gotiatc a five (5) year renewal agreement and exetute said agreement during the month of October, 1998. ADOPTED BY TIIE CITY COUNCIL OF THE CITY OF GREENWOOD TIllS I!,T DAY OF SEPTEMBER, 1998. ~ /Zf-~~ r Alan M. Albrecht, Mayor ATTEST: _l~~~A J 1;? ~~f7.. Sculdra R. Langley, City C1 . k . . CITY OF SHOREvVOOD RESOLUTION ~O. 98- 081 A RESOLUTION REGARDING THE EXCELSIOR FlRE DEPARTMENT W1iEREAS, the cities ofDeephaven. Greenwood, Shorewood and Tonka Bay have had a tradition of excellent fIre and rescue service from the Excelsior Fire Department for over one hundred years; and WlfEREAS, the cities have a mutual interest in providing the highest quality service possible for all south Lake :NIinnetonka residents; and "VHEREAS, the stability of a five year service contract is important to the department, and for the financial planning of each of the cities; and "v'HEREAS, the City of Deep haven has concerns that need study and deserve thoughtful consideration; and "vlfEREAS, the City of Shorewcod has significant financial concerns due to the levy . limit imposed by the State of ~Iinnesota; and . \VHEREAS, the Shorewood City Council supports a thoughtful review of carefully defmed Fire Department management and governance issues. ~ow, THEREFORE BE IT RESOLVED that the City Council of the City of Shorewood supports the following: 1. That a five year contract be entered into 1N1th the City of ExceIsior for fire and rescue service. Said contract shall be in effect from January 1, 1999 through December 31. 2003. 2. That a Special Fire Department Review Committee be established to study issues and complete a report with recommendations to the cities by July 1, 1999. 3. , That said Committee may study mana gement and governance issues, but may not consider funding formula issues. . 4. That any costs of said Committee shall be bom bv the cities in the same ratio as esta blished for the 1998 bud get: - Deephaven Excelsior Greenwood Shorewood T onka Bay 22% 22% 5% 40% 11% 100% RESOLL"TION ~O. 98- 081 Page 2 of3 5. That on July 1, 2001. which allows a two year period for implementation followin g submission of the Committee report, the contract will be automatically renewed for an additional five (5) year term (through December 31. 2008), unless at least one of the contr3ctingcity councils notifies the other city councils in writing by June 30. 200 1 of their intent to not renew the contract The ensuing twelve (12) months shall be spent attempting to \vark out any differences and complete a five (5) year contract renewal with all partners included. Any mediation costs will be split based on the ratio established in #4, above. Should a contract not be reached by July 1, 2002 the remaining cities will commence negotiations on a new contract for service. BE IT FlJR THER RESOLVED that the framework for a Special Fire Department Review Committee be as fo11o\\l5: Committee Pur~: To carefully study and make recommendations regarding a list of issues on the mana gement and governance of the Excelsior Fire Department heading into the twenty first century. . Committee Tasks: 1. To identify and define the list of issues to be studied upon input from each of the cities. 2. To carefully consider each issue the Committee should: · Establish a reasonable research objective. · Seek input from and tap creativity of department personnel. · Conduct interviews \vith other fire departments. · Analyze altematives. considering level of safety and fIScal impact. · Thoroughly discuss each alternative and recommend the best among them. Decide on;1 best package of recommendations including a proposed implementation timetable. . . Committee Makeup..:. 1. Each City Council shall appoint one voting representative on the Committee. 2. Each City may appoint one non-voting technical support person who may participate and vote when the voting member is not present 3. The Fire Chief (or a designee) and an individual with fIre service experience appointed by the Excelsior City Mana ger shall serve as non-voting technical support. Committee Procedures and Sunset 1. The Committee shall base its decisions on the question. "Is this good for the 10n g term mana gement and governance of the department as a whole?" .., The Committee shall establish its o\\:n rules, procedures and timetable. 3. The Committee shall cease to exist on July 1, 1999. RESOLUTION NO. 98- 081 Page 3 of 3 BE IT FURTHER RESOL'VED that the Shorewood City Council agrees to negotiate a five (5) year renewal agreement and execute said agreement during the month of October, 1998. BE IT FIN ALL Y RESOL y"ED that each city is encouraged to pass a resolution similar to this resolution and appoint appropriate committee representation at the earliest date. ADOPTED BY THE CITY COlTNCIL OF THE CITY OF SHOREWOOD this 24th day of August, 1998. ~IPL; ATTEST: TOM DAHLBERG, MAYOR . rw<J4 C.~ JAJ.'HES C. HURiYf, CITY ADMI~lSTRATOR . RESOLUTION NO. 98-33 A RESOLUTION REGARDING THE EXCELSIOR FIRE DEPARTMENT WHEREAS, the Cities of Deephaven. Greenwood. Shorewood and Tonka Bay have had a tradition of excellent fire and rescue service from the Excelsior Fire Department for over one hundred years; and WHEREAS, the cities have a mutual interest in providing the highest quality service possible for all South Lake Minnetonka residents; and WHEREAS, the stabiiity of a five year service contract IS important to the department. and the financial planning of each of the cities; and WHEREAS, the City of Deephaven has concerns that need study and deserve . thoughtful consideration; and WHEREAS, the Tanka Bay City Council supports a thoughtful review of carefully defined Fire Department management and governance issues. NOW, THEREFORE. BE IT RESOLVED, by the City Council of the City of Tonka Bay supports the following: 1. That a five year contract be entered into with the City of Excelsior for tire and rescue service. Said contract shall be in effect from January 1, 1999 through December 31, 2003. 2. That a Special Fire Department Review Committee be established to study issues and complete 8" report with recommendations to the cities by July 1, 1999. . 3. That said Committee may study management and governance issues, but may not consider funding formula issues. 4. That any costs of said Committee shall be born by the cities in the same ratio as established for the 1998 budget: ,;; . . -1( ~ 2 t Deephaven Excelsior Greenwood Shorewood Tanka Bay 22% 22% 5% 40% 11% 100% 1 5. That on July 1, 2001, which allows a two year period for implementation following submission of the Committee report, the contract will be automatically renewed for an additional five (5) year term (through December 31, 2008), unless at least one of the contracting city councils notifies the other city councils in writing by June 30, 2001 of their intent to not renew the contract. The ensuing twelve (12) months shall be spent attempting to work out any differences and complete a five (5) year contract renewal with all partners included. Any mediation costs will be split based on the ratio established in #4, above. Should a contract not be reached by July 1, 2002 the remaining cities will commence negotiations on a new contract for service. BE IT FURTHER RESOLVED that the framework for a Special Fire Department Review Committee be as follows: Committee Puroose: To carefully study and make recommendations regarding issues on the management and governance of the Exce!sior Fire Department heading into the twenty first century. . Committee Tasks: 1. To identify and define the list of issues to be studied upon input from each of the cities. 2. To carefully consider each issue the Committee should: ." Establish a reasonable research objective. ." Seek input ..from and tap creativity of department personneL ." Conduct interviews with other fire departments. . ." Analyze alternatives, considering a level of safety and fiscal impact. ." Thoroughly discuss each alternative and recommend the best among them. .~ -;!' i 1 ." Decide on a best package of recommendations including a proposed implementation timetable. Committee Makeuo: 1. Each City Council shall appoint one voting representative on the Committee. 2 2. Each City may appoint one non-voting technical support person who may participate and vote when the voting member is not present. 3. The Fire Chief (or a designee) and an individual with fire service experience appointed by the Excelsior City Manager shall serve as non-voting technical support. Committee Procedures and Sunset: 1. The Committee shall base its decisions on the question, "Is this good for the long term management and governance of the department as a whole?" 2. The Committee shall establish its own rules, procedures and timetable. . 3. The Committee shall cease to exist on July 1, 1999. BE IT FURTHER RESOLVED that the City of Tonka Bay City Council agrees to negotiate a five (5) year renewal agreement and execute said agreement during the month of October, 1998. BE IT FINALLY RESOLVED that each city is encouraged to pass a resolution similar to this resolution and appoint appropriate committee representation at the earliest date. ADOPTED BY THE CITY COUNCIL OF THE CITY OF TONKA BAY this 25th day of Auaust, 1998. ... I'tion introduced by Keller and seconded by Senescall Roll Call Vote: A.yes - LaBelle, Sasanfar, Senescall, Keller, Mowry Nays - , l 11 t. ATTEST: Douglas Keller, Mayor Patrick Wussow, Clerk Administrator j v.f " . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD, SHOREWOOD, MN 55331-8927 (612) 474-3236 FAX (612) 474-0128 Web Site: www.state.netlshorewood E-mail: cityhall@shorewood.state.net This is item 12 of the City Council Packet for November 23,1998. Please insert this itme into your packet. ~e apologize for any inconvienience due to the delay of these meemorandums not going out with the Wrmal delivery. . . .... I~ , ,; CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD. MINNESOTA 55331-8927. (612) 474-3236 FAX (612) 474-0128' www.state.netlshorewood' cityhall@shorewood.state.nei MEMORANDUM TO: Mayor and City Council James Hurm, City Administrator .~~ Larry Brown, Director of Pub tic Works ~. November 22, 1998 FROl\tI: . DATE: RE: Consideration of a Motion to Adopt a Resolution Accepting the Lakeside Watermain Improvements, City Project 97-03, and Authorizing Assessment of Costs The Lakeside Watermain Improvement Project (refer to attachment 1 for a location map) has been completed and is ready for the City's acceptance for perpetual maintenance of the utility. The five petitioners for the project have previously executed and placed on file with the City, a Waiver Agreement stating that they have waived their right to appeal the assessments for the project. Therefore, a public hearing is not necessary to levy the proposed assessments for this project. . Two of the five parcels being assessed for this project were assessed $5,000 under the South Link Project. In accordance with the policy for the installation ofwatermain, these two properties have been credited for those assessments. Therefore, each property involved will ultimately pay the same assessment amount for municipal water service. Attachment 2 is the Assessment Roll for the project. Total costs including design, construction and inspection equate to $30,750.00. The resultant assessment amounts equate to $3,150.00 for two of the parcels previously assessed, and $8,150 for the remaining three parcels not previously assessed. Staff is recommending approval of the attached resolution which will accept the watermain utility for the City's perpetual maintenance, and formally adopt the assessment role for the costs of the project. A resolution is attached for your consideration. .I.., ". , ",,-,,: : . ... . "" ".. " i,' ). ! : I. ._,', ::- . '., j :..' : ~ ' :' . '~'. '. Ii i ;c'.'} '. .I~:':' . :.'-" '" ", ..... . ! !~'I~<: '. \ , : ' ~t.' ~ I:~ :' i.. ....:.:...: i . t.' -~i~'::~ .: . t:.-.- . . I. I'" .. I t:/'\ i':.. :' , . I ,,: . '.', ',\ l;~ ;..',::'.:N" .' .1'. ".(i :. , 1 1 j' i,',:' . i :;' ~ ';, . '. I!'.'; ...., , I .'.: :,;": Yl ." .: ~ I>.. :.I~ . I ," '.::t:", . ..... ..... ............ ......"i ..................... .:..~ ....... ,;' j.'.,' I C'.' I.... ~" l:.~: ~..' j;. " 1 . \ d.... .', .. 'p. :t;: (9) ,~ ... t;: -~ , ... ... ..' : l 15 (I) /i.' /~" .~., [n,. (Q) c.:j{. () l... 'e I .~ ~. . " ~ .. H' .~ u'. ~ I - . .-.'1 I f: ~ ~ '" iii ... . . ~ [, I ~~ llll..es L~ \'l'():; (12) Y 1011110 ..... . 1~1'1 tI '9lt (d> ,,:, ""-.: '\!\ ,\ I' I 1\ .~y ~ ,u .LitS QI ""? .' . . . . . ,\... ~ oo@@w (9n l )fl&]W<JJ Q5i bLe (.-) l..-.; t. . l8'H.. .. (tZ) ~~. Ii . . '~-'~it J_ .-. ...... ~ ~ :::;. .... :: "" ~ ..~ ,. ~ . et'i9 . . , . I . . . .'1 ," . vi I , , ~, g.', .., I I , . I , ,. ~ ~ \!, i: uo 09_ if Or- :~ ;, \) .......'.,.....,\,,- ro- ~.f~.......rir-:....i';.IJi;.~., ...1 ;, ..'~ .,I!...... '. .:L !i.:' ! .', i . . . , " . ~<. '. t;:tiir:;:'. . . , ~..\'..~~;,:, . ,".: ... ;'. .1 :"";'" . j ; r' \ .'\ . ;1: . ~ ," . . I ~ ,. .. ...', : , . . , t, ". i;.' .., ,".. ~.: . . . \.... " . :: :. "I' ('. '... ~ . ~'" i.' . \ . . ,.... " .' I' ~.' . ~'::..'.\ A ....:.;..'4.:. '" : -I . . . City of Shorewood lakeside Watermain Project City Project No. 97- 03 Assessment Roll Attachment to Resloution No 98- _ Adopted: . 1998 Parcel PIO Subdivhlon Name of Owner(s) House Slreet City . State Zip Code land Total Deferred Date of No, Code last Name Flut Name Number Use AssessMent Assessment Preoav 1 31-117-23-34-0017 Carver Elizabeth & Darrell 27910 Smithtown Road Shorewood MN 55331 SF $ 3150,00 2 31-117-23-34-0029 Wessner David & Patricia 27920 Smithtown Road Shorewood MN 55331 SF $ 3 150.00 3 31-117-23-34-0001 Wicka William 27930 Smithtown Road Shorewood MN 55331 SF $ 8150.00 4 31-117-23-34-0021 Alsip John F. III & Kay' 27940 Smithtown Road Shorewood MN 55331 SF $ 8 150,00 5 31-117 -23-34-0022 Johnson Daniel & Alane 27944 Smithtown Road Shorewood MN 55331 SF $ 8150,00 Grand Total $ 30,750.00 - J.... ~. ~ ~ ::::- ::: ... ~ ~ ...... I) CITY OF SHOREWOOD RESOLUTION NO. 98-_ A RESOLUTION ACCEPTING PUBLIC IMPROVEMENTS AND ADOPTING ASSESSMENTS IN THE MATTER OF LAKESIDE WATERMAlN IMPROVEMENT PROJECT CITY PROJECT 97-03 WHEREAS, the City of Shorewood has entered into a contract with Kusske Construction, Inc. for City Project No. 97-03, Lakeside Watennain Improvement Project, and; WHEREAS, the Project Manager has made a final inspection of the project and recommends acceptance and final payment be made by the City. . WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for the improvement of City Project 97-03 Lakeside Watennain Improvement Project. The cost for such improvements is $30,750.00. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Shorewood, Minnesota: 1. The City hereby does accept the work completed pursuant to said contract and authorizes final payment to the Contractor, and the one year guarantee shall commence as of the date of this resolution, subject to the following items: a) The Contractor furnish the City a one year maintenance bond pursuant to the contract. . b) The Contractor must make satisfactory showing that he has complied with the provisions of Minnesota Statutes 290.92 requiring withholding of State Income Tax. c) Evidence in the form ofan affidavit that all claims against the Contractor by reasons of the Contract have been fully paid or satisfactorily secured. 2. Such proposed assessment, a copy of which is attached hereto and made a part hereof, and identified as Levy No. , is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. The portion of the cost to be assessed against benefited property owners is declared to be $30,750.00 (total of assessment roll). , . 3. The payment schedule for such assessment shall be amortized over a period of fifteen (15) years, the first of the installments to be payable on or before the first Monday in January 1997, and shall bear interest at the rate of seven (7) percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 1997. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 4. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid on or before December 8, 1998; and he/she may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. . 5. The Clerk shall forthwith transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over in the same manner as other municipal taxes. ADOPTED BY THE CITY COUNCIL of the City of Shore wood this 23 day of November, 1998. Tom Dahlberg, Mayor . ATTEST: James C. Hurm, City Administrator/Clerk . . City of Shorewood Lakeside Watennaln Project City Project No. 97- 03 Assessment Roll Altaclwlant to Ras/oution No 98-_ Adoptad: , 199B Parcel PIO SubJlvl.on Nam. of Ownorl., HouI. Slrut Clly . Sial. Zip Cod. L.nd Total O.f."od Oat. of No. Code L..t Nam. Flr.t Nam. Number U.. A.....m.nt ........ment Pr.pay 1 31-117-23-34-0017 Carver Elizabeth & Darrell 27910 Smlthtown Road - Shorewood MN 65331 SF -LM5O.OO 2 31-117-23-34-0029 Wessner David & Patricia 27920 Smlthtown Road Shorewood MN 65331 SF S 3 150.00 -L. 31-117-23-34-0001 Wlcka WIlliam 27930 Smlthtown Road Shorewood MN 55331 SF $ 8 150.00 -L. ~-117-23-34-0021 Allilo John F. III & t<av 27940 Srnlthtown Road Shorewood MN 55331 SF S 8 160.00 6 31-117-23-34.0022 Johnson Daniel & Alane '. 27944 Smlthtown Road Shorewood MN 55331 SF S 8 150.00 '. . I $ 30,750.00 I I Grand Total tT1 X ~ ..... ~ M" ;x:.. - -....,...-...,--..--;-. ~.. CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (612) 474-3236 FAX (612) 474-0128. www.state.neVshorewood. cityhall@shorewood.state.net MEMORANDUM TO: Mayor and City Council James Hurm, City Administrator FROM: Larry Brown, Director of Public Works . DATE: November 18, 1998 RE: Consideration of a Motion to Accept Utitlties for the Lakeside Watennain Project and Levy Proposed Assessments This item will be forwarded under separate cover. I apoligize for any inconvienience this may cause. . ft ~J PRINTED ON RECYCLED PAPER #"J2.. CITY OF SHOREWOOD ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 904 - PROHIBITED DISCHARGES INTO THE SANITARY SEWER SYSTEM THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS AS FOLLOWS: Section 1. Section 904.09 of the Shorewood Code of Ordinances is hereby amended as follows: 904.09: PROHIBITED DISCHARGES INTO THE SANITARY SEWER SYSTEM: . Subd. 1. Prohibited Connections: No person shall discharge or cause to be discharged, directly or indirectly, any storm water, surface water, ground water, roof runoff, subsurface drainage, or cooling water to any sanitary sewer. Any person having a roof drain, sump pump, unauthorized swimming pool discharge, cistern overflow pipe or surface drain connected and/or discharging into the sanitary sewer shall disconnect and remove any piping or system conveying such water to the sanitary sewer system-by March 1, 1991. Subd. 2. Authority to Inspect: Every person owning improved real estate that discharges into the City's sanitary sewer system shall allow inspection by authorized City employees or its agents. as deemed appropriate and authorized by the City CounciL of all properties or structures connected to the sanitary sewer system to confirm there is no sump pump or other prohibited discharge into the sanitary sewer system. The authority to conduct further inspections on a property under this section shall lapse upon a detelmination that the property is in compliance with the requirements of this section. . Subd. 3. Correction of Violations: Any owner of any property found to be in violation of this section shall make the necessary changes to comply... with this ordinance by March 1, 1991 and such change shall be verified by authorized City employees or its agents. "^.ny property or structure not inspected or not in compliance by March 1, 1994 shall, following notification from the City, comply within fourteen (14) calendar days or be subject to the surcharge as provided in Subdivision ~6 below. Subd. 4. Discharge: Existing buildings with sump pumps and all newly constructed buildings with sumps shall have a discharge pipe installed to the outside wall of the building. The pipe attachment must be a rigid permanent-type plumbing such as PVC, copper or galvanized pipe. The discharge shall extend outside of the foundation and may not be pumped directly onto any public right-of-way unless approved by the Public Works Director or their designee. Any disconnects or openings in the sanitary sewer shall be closed and repaired in compliance with applicable codes. Subd. 5. Continued Compliance and Reinspection: Upon verified compliance with this Chapter, the City reserves the right to reinspect such property or structure at least annually to confirm continued compliance. ;\ny property found not to be in compliance upon reinspection or any person refusing to #/3 allow their property to be r-einspected shall, follo'.ving notification from the City, comply within fourteen (11) caJeHdar days or be subject to the surcharge hereinafter provided for. Subd. ~6. Surcharge: A surcharge set by an ordinance passed by the City Council is hereby imposed and shall be added to every utility billing to properties not in compliance with this Chapter. The surcharge shall be added to every quarterly utility billing until the property is in compliance. Subd. fiI. Temporary Waiver: The City Council, upon recommendation of the City Administrator and City Engineer. shall hear and decide requests for temporary waivers from the provisions of this ordinance where strict enforcement would cause a threat to public safety because of circumstances unique to the individual property under consideration. Any request for a temporary waiver shall be submitted to the City Administrator in writing. Upon approval of a temporary waiver from the provisions of this ordinance, the property owner shall agree to pay an additional fee for sanitary sewer services based on the number of gallons discharged into the sanitary sewer system as estimated by the City Engineer. Subd. 1&-. Drainage: Storm water and all other unpolluted drainage shall be discharged to such drainage facilities as are specifically designated by the City Engineer. Subd. .8.9-. Remedies: The imposition of the surcharge shall not limit the right of the City to seek an injunction in District Court ordering the person to disconnect the non-conforming connection to the sanitary sewer or from pursuing any other legal remedies available, or in the alternative, the City may correct the violation and certify the costs of correction as an assessment against the property on which the correction was made. Section 2. This Ordinance shall be in full force- and effect from and after its passage and publication. . PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA this _day of . ATTEST: TOM DAHLBERG, MAYOR I ; JAMES C. HURM, CITY ADMINISTRATOR REGULAR CITY COUNCIL MEETING MINUTES OF JULY 28, 1997 Page 5 The official minutes of this meeting incorrectly reflect the true actions of the Council for Item #6C. Below is the correct wording of the issue. Also, see Resolution No. 97-60 for the correct information about the application, location and issue. C . A Motion to Adopt a Resolution Regarding a Simple Subdivision Applicant: Michael Greer Location: 6020 Galpin Lake Road . Planning Director Nielsen explained the request is for approval of a simple subdivision rather than a preliminary plat as reflected on the agenda. Garfunkel moved, Stover seconded adopting RESOLUTION NO. 97-60, "A resolution Approving a Simple Subdivision for Michael Greer. 6020 Galpin Lake Road. subject to imposing a condition that the stable be removed within six months or moved onto the lot with the house." Motion passed 3/0. . *\41; REGULAR CITY COUNCIL MINUTES JULY 28, 1997 - PAGE 5 C. A Motion to Adopt a Resolution Regarding a Simple Subdivision Applicant: Location: Pew g1!eliF~ FepFe~_ltefl BY Michael Greer 6&45 Chaska Rood~ (P 0 ;;",c&rttl,)) ;'.--1 lli.h ROd J r Planning Director Nielsen explained the request is for approval of a simple subdivision rather than a preliminary plat as reflected on the agenda. Garfunkel moved, Stover seconded adopting RESOLUTION NO. 97-60. "A ,Resolution . /.,,~ Approving a Simple Subdivision for P<1I!llJ ~_~ hy Michael Greer, -684S &,~ t: [I.,! r' . /...,,- CBaBlia Read, subject to imposing a condition that the stable be removed within six months 1-' Jl or moved onto the lot with the house." Motion passed 3/0. 7. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION SUPPORTING THE CITY OF EXCELSIOR IN A GRANT APPLICATION Mayor Dahlberg explained the City of Excelsior is applying for IS TEA funds for completion of the Excelsior Streetcar Line. . . Staff does not believe sponsoring Excelsior in this grant application will jeopardize the City. of Shorewood's ability to pursue federal' funds in the future. Dahlberg moved, Stover seconded adopting RESOLUTION NO. 97-61, "A Resolution Supporting the City of Excelsior in a Grant Application." Motion passed 3/0. 8. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION AUTHORIZING THE MAYOR AND CITY ADMINISTRATOR TO EXECUTE A QUIT CLAIM DEED AND EASEMENT FOR THE SOUTHSHORE SENIOR CENTER Dahlberg moved, Stover seconded adopting RESOLUTION NO. 97-62, "A Resolution Authorizing the Mayor and City Administrator to Execute a Quit Oaim Deed_ Easement for the Southshore Senior Center." Motion passed 3/0. · 9. ADMINISTRATOR AND STAFF REPORTS A. STAFF REPORT ON DEVELOPMENT MONITORING Watten Ponds \ i , \ 1 Nielsen reported work has continued on the NURP pond at Watten Ponds and the side slopes of the pond have been corrected. Laurie McRostie, Landscape Architect, WSB and Associates, prepared a report on tree protection measures on the site. The report reflects the work has been done properly and in accordance with the Tree Preservation Policy. Copies of Ms. McRostie's report were distributed to the Council. . . r, ie, (~\~ 0. \\U \~ On\'\ :,!'I: je \J ,--.' -~ Il\\i\l, ',' li-- q , ':,~\ "N'-" ~,1QqO i'UI\ :nl 'u 't.r v.""'{,./ .- . ~ '1 i J; J ~ -l By ---- _---::::::-i November 3, 1998 James C. Hurm Shorewood 5755 Country Club Road Shorewood, MN 55331 Dear Mr. Hurm: Congratulations! I am very pleased to send you the enclosed notification of compliance with the Local Government Pay Equity Act. Since the law was passed in 1984, jurisdictions throughout Minnesota have been working diligently to meet the requirements of the act, and I commend your hard work and commitment to achieving compliance. As you know, Minnesota Rules Chapter 3920 specifies the procedure and criteria for measuring compliance, and information about your situation is enclosed. If you have any questions about the materials or about pay equity in general, please contact Pay Equity Coordinator, Faith Zwemke at 651-296-2653. One of the things the rule requires is that our department notify each jurisdiction when the next pay equity report is due. In your case, this date is January 31, 200 1, and we will be sending you forms and instructions at a later time. Also, this notice and results of the compliance review are public information and must be supplied upon request to any interested party. Again, congratulations on your achievement! Sincerely, ~ct.~ Karen L. Carpenter Commissioner Enclosures jt'/4L- , ,....""'_."'~."..,..~"_..-.-_....'''.,.....~-''''.''..'' , c., Notice of Pay Equity ComPliance "'lJ~~ ~Ht 'I presented to Shorewood for successfully meeting the requirements of the Local Government Pay Equity Act M.S. 471.991 _ 471.999 and Minnesota rules Chapter 3920. This notice is a result of an official review by the Minnesota Department of Employee Relations of your 1998 pay equity.report. Your cooperation in complying with the local government pay equity requirements is greatly appreciated. November 3, 1998 , Date ~.d(~ . .. ... Karen l. ~a~penler . . CommIssIoner ' . ,,','_h'~''''';''''':' ,;. . Results of Tests for Pay Equity Compliance te: /~!~ /fY/ - . sdiCtiOn:)1ij1/lffiMJ (; ri; . Completeness and Accuracy Test _ ~ passed. Required information was submitted accurately and on time. I{)~~ ID# 2. Statistical Analysis Test passed. Jurisdiction had more than three male classes and . )'" underpayment ratio of 80% or more. v-:.. passed. Jurisdiction had at least six male classes, at least one class with a salary range, an underpayment ratio below 80% but a t-test that was not statistically significant. 3. Salary Range Test passed. Too few classes had an established number of /,years to move through a salary range. . V . passed. Salary range test showed a score of 80% or more. 4. Exceptional ~ervice Pay Test . . l/""'passed. Too few classe~ received exceptional service pay. _ passed. Exceptional service pay test showed a score of 800/0 or more. The enclosed material describes compliance requirements in more detail. If you have questions, contaCt Pay Equity coordinator, Faith Zwemke, at (651) 296-2653. \ t l , , .) CHECK APPROVAL LISTING FOR NOVEMBER 23. 1998 COUNCIL MEETING CHECKS ISSUED SINCE OCTOBER 26. 1998 CK NO TO WHOM ISSUED 24033 US POSTMASTER 24034 VOID 24035 PERA 24036 ICMA RETIREMENT TRUST 457 24037 CITY COUNTY CREDIT UNION 24038 ANOKA CO SUPPORT 24039 TWILA GROUT 24040 KATHLEEN HEBERT 24041 PAMELA HELLING 24042 KEN JARCO INSURANCE 24043 JOSEPH PAZANDAK .4044 ALAN ROLEK 24045 SUPERIOR PAINTING CO NT. 24046 US WEST 24047 ERICA HAHN 24048 MARLIN'S TRUCKING 24049 QUALITY WINE & SPIRITS 24050 US POSTMASTER 24051 MEDICA 24052 HEALTH PARTNERS 24053 UNUM LIFE INSURANCE 24054 AFSCME COUNCIL 14 24055 FORTIS BENEFITS INS. CO.. 24056 LEAGUE OF MN CITIES 24057 MN NCPERS 24058 CITY OF TONKA BAY *4059 GRIFFIN COMPANIES ~4060 TOWLE REAL ESTATE CO. 24061 SUZANNE GRAHN 24062 MINNCOMM PAGING 24063 MINNEGASCO 24064 THERESA NAAB 24065 NORTHERN STATES POWER 24066 PITNEY BOWES. INC. 24067 SHOREWOOD TRUE VALUE 24068 US WEST 24069 US WEST DEX 24070 W.W. GRAINGER INC. 24071 WASTE MANAGEMENT 24072 TOTAL REGISTER SYSTEMS 24073 GENE BRISTOL 24074 JOEL CAPESIUS 24075 DIANE DRESSER 24076 FREDRICK DRESSER PURPOSE NEWSLETTER POSTAGE VOID PERA DEFERRED COMP PAYROLL DEDUCTIONS CHILD SUPPORT-C. SCHMID MILEAGE SEC 125 REIMB MILEAGE EMPLOYEE BOND 98-99 MILEAGE/SUPPLIES SEC 125 REIMB PAINTING COUNCil CHAMBERS COMMUNICATIONS MILEAGE FREIGHT LIQUOR/WINE PURCHASE SNOWMOBILE MAILING NOV. HEALTH INSURANCE NOV. HEALTH INSURANCE NOV. LIFE INSURANCE NOV. DELTA DENTAL NOV. DISABILITY NOV. DENTAL INSURANCE NOV. PERA LIFE INSURANCE NOV. RENT-TB LIQUOR NOV. RENT-L1Q I NOV. RENT-lIQ U ElECiIONJUDGE/MllEAGE PAGER UTILITIES MILEAGE UTILITIES POSTAGE METER RENTAL SUPPLIES/FREEMAN FOUNTAIN COMMUNICATIONS ADVERTISING BLDG. MAl NT. W ASTE REMOVAL SUPPLIES GENERAL ELECTION JUDGE GENERAL ELECTION JUDGE GENERAL ELECTION JUDGE GENERAL ELECTION JUDGE Page 1 AMOUNT $588.31 0.00 2.912.89 1.078.07 1. 100.80 156.50 17.88 192.30 7.80 906.00 116.88 230.00 1.675.34 44.07 8.13 284.80 2.808.27 107.22 5.223.75 3.188.06 91.30 281.84 94.50 633.33 33.00 1.000.00 7.118.50 3.590.45 778.20 8.63 262.99 99.13 2.984.25 233.07 65.77 72.00 346.00 50.52 98.12 60.12 82.50 $83.88 44.00 42.63 CHECK APPROVAL LISTING FOR NOVEMBER 23. 1998 COUNCIL MEETING CHECKS ISSUED SINCE OCTOBER 26.1998 . CK NO TO WHOM ISSUED 24077 STEVEN DZURAK 24078 GAIL FINNEY 24079 JOANNE HERMANN 24080 LINDA JOHNSON 24081 CARLA LABORE 24082 SUSAN LATTERNER 24083 JILL MAJESTIC 24084 KAY NOREN 24085 CY PETERSON 24086 NORMA PETERSON 24087 JEANNINE PICHA 24088 MARY REUTIMAN 24089 JANE STEIN 24090 MARILYN WERMERSKIRCHEN 24091 MEGAN WERMERSKIRCHEN 24092 DONNA WOODRUFF 24093 MARY SCHMITT 24094 ABINGDON DEV. CORP, 24095 JACK BARNUM 24096 SHIRLEY BARNUM 24097 ERNA ENGSTROM 24098 MARILYN GAGNE 24099 ROBERT GAGNE 24100 JAMES KENDRICK 24101 R. KEITH MONJAK 24102 SHIRLEY NAGEL 24103 BARB NEITGE 24104 ELEANOR OGIN 24105 HARRY OGIN 24106 NANCY PETERSON 24107 DONALD ROGERS 24108 MARY ROGERS 24109 JOANN SCHAUB 24110 BELLBOY CORP. 24111 BELLBOY BAR SUPPLY 24112 GTE DIRECTORIES 24113 GRIGGS. COOPER & CO. 24114 JOHNSON BROS. LIQUOR CO. 24115 LAKE REGION VENDING 24116 LEEF BROS. 24117 PHILLIPS WINE & SPIRITS 24118 QUALITY WINE & SPIRITS 24119 THE WINE COMPANY 24120 PERA . PURPOSE GENERAL ELECTION JUDGE GENERAL ELECTION JUDGE GENERAL ELECTION JUDGE GENERAL ELECTION JUDGE GENERAL ELECTION JUDGE GENERAL ELECTION JUDGE GENERAL ELECTION JUDGE GENERAL ELECTION JUDGE GENERAL ELECTION JUDGE GENERAL ELECTION JUDGE GENERAL ELECTION JUDGE GENERAL ELECTION JUDGE GENERAL ELECTION JUDGE GENERAL ELECTION JUDGE GENERAL ELECTION JUDGE GENERAL ELECTION JUDGE GENERAL ELECTION JUDGE ESCROW REFUND GENERAL ELECTION JUDGE GENERAL ELECTION JUDGE GENERAL ELECTION JUDGE GENERAL ELECTION JUDGE GENERAL ELECTION JUDGE GENERAL ELECTION JUDGE GENERAL ELECTION JUDGE 'GENERAL ELECTION JUDGE GENERAL ElECTION JUDGE GENERAL ELECTION JUDGE GENERAL ELECTION JUDGE GENERAL ELECTION JUDGE GENERAL ELECTION JUDGE GENERAL ELECTION JUDGE GENERAL ELECTION JUDGE LIQUOR/WINE/BEER PURCHASE MISe./SUPPL Y PURCHASE ADVERTISING LIQUOR/WINE/MISe. PURCHASE LIQUOR/WINE PURCHASE MISC. PURCHASE MATS LIQUOR/WINE PURCHASE LIQUOR/WINE PURCHASE WINE PURCHASE PERA Page 2 AMOUNT 88.00 103.13 125.13 96.88 96.88 39.88 100.75 44.00 44.00 88.00 94.88 100.75 83.88 39.88 14.52 79.75 44.00 36.200.00 49.50 52.25 104.50 55.00 89.38 96.25 44.00 50.88 39.88 49.50 65.00 101.75 99.00 42,63 65.00 5.850.53 484.52 56.85 12.456.16 7.241.17 2.207.41 26.20 5.875.15 746.50 373.43 2.900.22 . . CHECK APPROVAL liSTING FOR NOVEMBER 23,1998 COUNCIL MEETING CHECKS ISSUED SINCE OCTOBER 26, 1998 CK NO TO WHOM ISSUED 24121 ICMA RETIREMENT TRUST 457 24122 CITY COUNTY CREDIT UNION 24123 AFSCME COUNCil 14 24124 ALERT FIRE & SAFETY 24125 BROWNING FERRIS IND. 24126 KATHLEEN HEBERT 24127 JAMES MARTIN 24128 MERCHANT TRANSACTION 24129 MN CHILD SUPPORT PMT CTR 24130 US WEST 24131 CHICAGO TITLE INS. CO. 24132 DAHLHEIMER DIST. 24133 DAY DISTRIBUTING 24134 MARK VII 24135 MARliN'S TRUCKING 24136 NORTH STAR ICE 24137 QUAliTY WINE & SPIRITS 24138 CONNIE BASTYR 24139 METRO COUNCIL ENVIRON. 24140 NORTHERN STATES POWER 24141 PEPSI COLA COMPANY 24142 TOM HENKE 24143 BELLBOY CORP. 24144 BELLBOY BAR SUPPLY 24145 MIDWEST COCA-COLA 24146 EAST SIDE BEVERAGE CO. 24147 GRIGGS, COOPER & CO. 24148 JOHNSON BROS. LIQUOR CO. 24149 LAKE REGION VENDING 24150 PAUSTIS WINE COMPANY 24151 PHILliPS WINE & SPIRITS 24152 QUAliTY WINE & SPIRITS 24153 THORPE DISTRIBUTING 24154 THE WINE COMPANY .PURPOSE DEFERRED COMP PAYROLL DEDUCTIONS NOV. UNION DUES ANNUAL FIRE MAINT-LiQ I TB LiQ RECYCliNG SEC 125 REIMB COMPUTER CONSULTING SUPPliES CHILD SUPPORT-C. SCHMID COMMUNICATIONS REFUND ASSESS 36- 13-10 BEER PURCHASE BEER/MISe. PURCHASE BEER/MISC. PURCHASE FREIGHT MISC. PURCHASE liQUOR/WINE PURCHASE APPR. DINNER STATIONARY OCTOBER SAC UTiliTIES POP/MISC. PURCHASE RETURN DEPOSIT-CITY CODE BK liQUOR PURCHASE MISC./SUPPLY PURCHASE MISC. PURCHASE ,BEER/MISC. PURCHASE liQUOR/WINE PURCHASE liQUOR/WINE/BEER PURCHASE MISC. PURCHASE WINE/BEER PURCHASE liQUOR/WINE PURCHASE liQUOR/WINE PURCHASE BEER/MISC. PURCHASE WINE PURCHASE AMOUNT 1,078.07 1, 100.80 139.80 25.54 36.35 192.30 1,263.75 306.00 156.50 158.84 303.80 842.40 6,675.07 4,593.26 259.20 411.72 861.30 29.57 3,811.50 5,058.68 142.50 75.00 5,067.23 256.21 737.99 10,710.45 10.412.50 7,616.11 1,360.79 398.91 3,281.32 1,315.11 21,110.50 377.68 TOTAL CHECKS ISSUED $205,655.52 Page 3 DE c) Q D 3: :jJ C( o 1: (f) .-1 4 (() U ~Z ....J =) D ....JU !~1: :::- (lJ c, a... r.r a," Q.rl ,.. ;5: 5 >- lo-~~ ,,) :.:: ('.j U uJ I> (.) 0 z u L.. ~ Q :t: ,3: ~ 'r{ .-' G (-".1 O"~. ~J~l .() ;.... (..'J r~ ~- _. :> Q (.) ~5 J.l Cj z ~L D ,,~ (-3 (D ::r: J.1 l eJ: {J: 'v CL z o >-; J..1 0:: Q.. 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E. h: .1::,6", )'.S SEPT OVERLAY ENG SEPT/OCT LAKESIDE ENG SEPT/OCT ENG SEPT/OCT CO RD 19 ENG SEPT/OCT HWY I EVP SEPT/OCT STRAWBERRY LN TH 1/41 HIP ENG SEPT ENG--SR CTR *** TOTAL FOR WSB AND ASSOCIATES .53.. ()() ~2 ., )' 3t:.~.. ~2~; (:;1 () ... .SI () l()., 3IS()... ",i'.S ~:-;; .3 E; .. )' .::' PF-:OJECT :~~ ()., ~;~)'6.. S(J 18., ..:llS.. .45, F1FWJECT S 6()2.. .S() ~l()., 6.1~1.. ~~/.S 24212 LEE :3ER\lICE CO 1ST AID SUPPLIES CITY Gr:lf~: )' (9 ... 6 f~:) 2t.l21~5 .42.14 24215 1000 FRIENDS OF MN CONSERVATION EASMENT BK COUNCIL .12 ,~ :5 .~::I LAKESHORE WEEKLY NEWS r~D FOR FUN}<. AT TENDAf'lTS GEi,.j GO\l T S3 .~)O COLOR CENTER CARPET - COUNCIL CHAMBERS 'Projects 2374.00 *** TOTAL CHECKS FOR APPROVAL 270,791.36 *** TOTAL CHECK APPROVAL LIST 476,446.88 . Page 7 'f.' ;..' ;.j 7' li1:S 1: 0 U :E <J: :~ Q: UW \11 Q') 'r: 'j' ;) ==; '- 2: n: uJ (f) >-l t!5 w 2: j( U ll1 :c <r. Z l.U I l11 W n: >- l.U o ill .J:E Q..::> :EZ lU u :.-: U l.U Uj'- I <1: U C) j( U '.lJ ill c.1. 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