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092898 CC Reg AgP .' .. CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDA Y, SEPTEMBER 28, 1998 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. Immediately following the regular portion of the meeting, the Council will convene in Work Session format. 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. A Motion to Adopt a Resolution Rejecting all Bids and Authorizing Readvertisement for Bids - Emergency Vehicle Pre-emption (EVP) - T.R. 7 (Att.-#3A Proposed Resolution) B. A Motion to Authorize the Mayor and City Administrator to Enter Into an Agreement for the Use of Public Right-of-Way (Att.-#3B Proposed Agreement) C. A Motion to Adopt an Ordinance Amending the Shorewood Zoning Code to Include Adult Use Establishments (Att.-#3C Planner's Memorandum; Draft Ordinance) D. A Motion Authorizing Execution of a Subordination Agreement - 25170 Yellowstone Trail (Att.-#3D Proposed Agreement) E. A Motion to Adopt a Resolution Accepting the Shady Island Bridge and Authorizing Final Payment (Att.-#3E Proposed Resolution) F. A Motion Approving a Temporary Sign Permit (Att.-#3F Planner's Memorandum) Applicant: Minnesota Ministorage Location: State Highway 7 .. CITY COUNCIL AGENDA - SEPTEMBER 28, 1998 PAGE 2 OF 3 G. A Motion to Adopt a Resolution Approving a Simple Subdivision (Att. - #3G Proposed Resolution) Applicant: Tom and Karen Londo Location: 22695 Murray St. NOTE: Give the public an opportunity to request an item be removed from the Consent Agenda. Comments can be taken or questions asked following removal from Consent Agenda. 4 . MATTERS FROM THE FLOOR (No Council action will be taken.) 5. PRESENTATION BY LAKE MINNETONKA COMMUNICATIONS COMMISSION DIRECTOR THIES ON PROPOSED 1999 BUDGET A Motion to Approve the 1999 LMCC Proposed Budget (Att.-#5 Proposed Budget) 6. REPORT AND ACTION WHICH MAYBE REQUIRED REGARDING CONCERNS OF MR. LAURILA AND MS. FOSTER FOR BURNING HOUSE FOR FIRE DEPARTMENT TRAINING PURPOSES 7 . PARKS - Report by Representative A. Report on Joint Work Session with Council on Park I Trail Report B . A Motion to Adopt a Statement of Commitment to the Trail Planning Process (Att.-#7B Proposed Statement) 8 . PLANNING - Report by Representative A. A Motion to Adopt a Resolution Approving a Final Plat and Authorizing Mayor and City Clerk to Execute a Development Agreement - Christmas Shores (Att. -#8A Staff Reports and Proposed Resolution) Applicant: Keith Waters Location: Between Merry Lane and Christmas Lake Road B. A Motionto Adopt a Resolution Approving a Conditional Use Permit for a Special Rome Occupation Permit (Att.- #8B Planner's Memorandum; Proposed Resolution) Applicant: Jeffrey Ratcher Location: 5935 Galpin Lake Road C. A Motion to Adopt an Amendment to the Zoning Code Pertaining to Rome Occupations (Att. - #8C Draft Ordinance) D. A Motion to Adopt a Resolution Approving a Final Plat and Authorizing Mayor and City Clerk to Execute a Development Agreement - Mary Lake Addition (Att. -#8D Proposed Resolution) Applicant: Judy Gleason Location: 5910 Minnetonka Drive ~ CITY COUNCIL AGENDA - SEPTEMBER 28, 1998 PAGE 3 OF 3 9 . CONSIDERA TION OF A MOTION AUTHORIZING THE SUBMITTAL OF A REGIONAL TRAIL WINTER USE PERMIT (Att.- #9 Proposed Permit Application) 10. CONSIDERATION OF A RESOLUTION APPROVING PLANS FOR HIGHW A Y 7 IMPROVEMENTS (Att.-#lO Proposed Resolution) 11. CONSIDERA TION OF A MOTION TO ADOPT AN ORDINANCE EST ABLISHING A FEE FOR TOPOGRAPHICAL INFORMATION (Att.-#ll Proposed Ordinance) 12. ADMINISTRATOR & STAFF REPORTS A. Staff Report on Development Monitoring B. Administrator's Report on West Hennepin Human Services (Att.-#12B Pinal Report) C . Administrator's Report on Schedule of Work Sessions and Canvassing Board Meeting (Att.-#12C Proposed Schedule) D. Engineer's Report on Petition Received - Knightsbridge (Att.-#12D Petition Received) 13 . MAYOR & CITY COUNCIL REPORTS Report on Joint Work Session Held September 16: . Communications Ordinance Amendments Report on Joint Work Session Held September 21: . Park I Trail Report 14. ADJOURN SUBJECT TO APPROVAL OF CLAIMS (Att.-#14) 13.) Street Signs - Developer, at its expense, shall provide standard city street identification signs and traffic control signs in accordance with the l\tIinnesota Manual on Uniform Traffic Control Devices, as directed by the City Engineer. 14.) Access to Residences - Developer shall provide reasonable access, including temporary grading and graveling, to all residences affected by construction until the streets are accepted by the City. 15.) Occupancv Permits - The City shall not issue a certificate of occupancy until all Improvements, except for the final lift of asphalt, set forth in paragraph 2 are completed and approved by the City Engineer. 16.) Final Inspection - At the written request of the Developer, and upon completion of the Improvements set forth in paragraph 2 above, the City Engineer, the contractor, and the Developer's engineer will make a final inspection of the work. When the City Engineer is satisfied that all work is completed in accordance with the approved plans and specifications, and the Developer's engineer has submitted a written statement attesting to same, the City Engineer shall recommend that the improvements be accepted by the City. 17.) Convevance of Improvements - Upon completion of the installation by Developer and approval by the City Engineer of the improvements set forth in paragraph 2 above, the Developer shall convey said improvements to the City free of all liens and encumbrances and with warranty of title, which shall include copies of all lien waivers. Should the Developer fail to so convey said improvements, the same shall become the property of the City without further notice or action on the part of either party hereto, other than acceptance by the City. 18.) Replacement - All work and materials performed and furnished hereunder by the Developer, its agents and subcontractors, found by the City to be defective within one year after acceptance by the City, shall be replaced by Developer at Developer's sole expense. Within a period of thirty (30) days prior to the expiration of the said one-year period, Developer shall perform a televised inspection of all sanitary sewer lines within the plat and provide the City with a VHS videotape thereof. 19.) Restoration of Streets. Public Facilities and Private Properties - The Developer shall restore all City streets and other public facilities and any private properties disturbed or damaged as a result of Developer's construction activities, including sod with necessary black dirt, bituminous replacement, curb replacement,. street sweeping. and all other items disturbed during construction. 20.) Reimbursement of Costs - The Developer shall reimburse the City for all costs, including reasonable engineering, legal. planning and administrative expenses incurred by the City in connection with all matters relating to the administration and enforcement of the within Agreement and the performance thereof by the Developer. Such reimbursement of costs shall be made within thirty (30) days of the date of mailing of the City's notice of costs to the address set forth in paragraph 28 below. /) / I, t""" L/~/ j.. /} '.' , (f' ,I., ~11./' ;.of \ _~ '-' ';/ 21.) Claims for Work - The Developer or its contractor shall do no work or furnish no materials not covered by the plans and specifications and special conditions of this Agreement, for which reimbursement is expected from the City, unless such work is first ordered in writing by the City Engineer as provided in the specifications. Any such work or materials which may be done or furnished by the contractor without such written order first being obtained shall be at its own risk, cost and expense. .2f. (!A.~1(L{7 >/A'ru Ekj.~ ../ The Developer agrees that the tree preservation measures provided for in the Policy and in the Plan are the responsibility of the Developer, and that the Developer shall also be responsible for any acts of its subcontractors or agents which are in violation of either the Policy or the Plan. As partial security for its obligation under this paragraph 27, the Developer agrees that prior to the issuance of each building permit. it will provide for two thousand dollars ($2000) in cash or letter of credit per lot to be deposited with the City as security for such obligation. In the event that the City draws upon the security, as provided for in paragraph 32 of this Agreement, the Developer shall have ten days to restore the security to $2000. In the event that the Developer fails to make such restoration, the City may treat such failure as a default and may proceed in accordance with paragraph 32(03) of this Agreement. 28.) Notices - All notices, certificates and other communications hereunder shall be sufficiently given and shall be deemed given when mailed by certified mail, return receipt requested, postage prepaid, with proper address as indicated below. The City and the Developer by written notice given by one to the other, may designate any address or addresses to which notices, certificates or other communications to them shall be sent when required as contemplated by this Agreement Unless otherwise provided by the respecti ve parties, all notices, certificates and communications to each of them shall be addressed as follows: To the City: Zoning Administrator CITY OF SHOREWOOD 5755 Country Club Road Shorewood, Minnesota 55331 With a Copy to: Shorewood City Attorney c/o Kennedy & Graven, Chartered 470 Pillsbury Center 200 So. Sixth Street Minneapolis. MN 55402 Keith Waters Keith Waters & Associates, Inc. 6216 Baker Road, Suite 110 Eden Prairie, MN 55346 To the Developer: 29.) Proof of Title - Developer shall furnish a title opinion or title insurance commitment addressed to the City guaranteeing that Developer is the fee owner or has a legal right to become fee owner of the Subject Property upon exercise of certain rights and to enter upon the same for the purpose of developing the property. Developer agrees that in the event Developer's ownership in the property should change in any fashion, except for the normal process of marketing lots, prior to the completion of the project and the fulfillment of the requirements of this Agreement, Developer shall forthwith notify the City of such change in ownership. Developer further agrees that all dedicated streets and utility easements provided to City shall be free and clear of all liens and encumbrances. 30.) Indemnification - The Developer shan hold the City harmless from and indemnify the City against any and all liability, damage, loss, and expenses, including but not limited to reasonable attorneys' fees, arising from or out of the Developer's performance and observance of any obligations, agreements, or covenants under this Agreement. It is further understood and agreed that the City, the City Council, and the agents and employees of the City shall not be personally liable or responsible in any manner to the Developer, the Developer's contractors or subcontractors, materialmen, 6 . apparently violated, the steps which must be taken to correct the violation and the date by which the compliance must occur. (b) If compliance has not occurred within such time, or if the violation, by virtue of its repeated nature, seriousness or other factors are such that a penalty may be appropriate, the matter will be scheduled for a hearing by the City Council at a meeting not sooner than ten (10) days following the date on which written notice is mailed to the Developer. (c) Following the hearing, the Council shall render its decision in writing. If the Council determines that the Plan or Policy has been violated, (whether or not the violation has been corrected) it may take some or all of the following actions: (i) impose a monetary penalty of not more than $2000 for each violation. (ii) order that the Developer stop work on all construction for which building permits have been issued; and withhold the issuance of additional building permits until it has received assurances satisfactory to the City that no future violations of the Plan or Policy are likely to occur. (iii) take any other actions or enforce any other remedies available to it under this Agreement, the Policy or the City Code. (04) Le~al Proceedings. In addition to the foregoing, the City may institute any proper action or proceeding at law or at equity to abate violations of this Agreement, or to prevent use or occupancy of the proposed dwellings. 33.) Headings - Headings at the beginning of paragraphs hereof are for convenience of reference, shall not be considered a part of the text of this Agreement, and shall not influence its construction. 34.) Severability - In the event any provisions of this Agreement shall be held invalid, illegal, or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof, and the remaining provisions shall not in any way be affected or impaired thereby. 35.) Execution of Counteq>arts - This Agreement may be simultaneously executed in several counterparts, each of which shall be an original, and all of which shall constitute but one and the same instrument. 36.) Construction - This Agreement shall be construed in accordance with the laws of the State of Minnesota. 37.) Transfer. Successors and Assigns - It is the intention of the parties that the Developer shall, absent a written release executed by the City, remain responsible for all of the obligations imposed upon it under this Agreement. without regard to whether or not the Developer has sold or otherwise transferred some or all of the subject property, or its interest under this Agreement, to others. Whether or not such assignment or transfer is approved by the City, this Agreement shall be binding upon and inure to the benefit of Developer's interest under this Agreement, or transferee of all of part of the subject property. 8 - 17.) Replacement - All work and materials performed and furnished hereunder by the Developer, its agents and subcontractors, found by the City to be defective within one year after acceptance by the City, shaH be replaced by Developer at Developer's sole expense. 18.) Restoration of Streets. Public Facilities and Private Properties - The Developer shall restore all City streets and other public facilities and any private properties disturbed or damaged as a result of Developer's construction activities, including sod with necessary black dirt, bituminous replacement. curb replacement, street sweeping and all other items disturbed during construction. 19.) Reimbursement of Costs - The Developer shall reimburse the City for all costs, including reasonable engineering, legal, planning and administrative expenses incurred by the City in connection with all matters relating to the administration and enforcement of the within Agreement and the performance thereof by the Developer. Such reimbursement of costs shall be made within thirty (30) days of the date of mailing of the City's notice of costs to the address set forth in paragraph 28 below. 20.) Claims for Work - The Developer or its contractor shall do no work or furnish no materials not covered by the plans and specifications and special conditions of this Agreement, for which reimbursement is expected from the City, unless such work is first ordered in writing by the City Engineer as provided in the specifications. Any such work or materials which may be done or furnished by the contractor without such written order first being obtained shall be at its own risk, cost and expense. 21.) Surety for Improvements - Deposit or Letter of Credit - For the purpose of . assuring and guaranteeing to the City that the improvements to be constructed, installed and furnished by the Developer as set forth in paragraph 2 above, shall be constructed, installed and furnished according to the terms of this Agreement. and to ensure that the Developer submit to the City as-built plans as required in paragraph 8 and that the Developer pay all claims for work done and materials and supplies furnished for the performance of this Agreement, the Developer agrees to furnish to the City either a cash deposit or an irrevocable letter of credit approved by the City in an amount equal to 150% of the total cost of said Improvements estimated by the Developer's engineer and approved by the City Engineer. Said deposit or letter of credit shall remain in effect for a period of one year following the completion of the required improvements. The deposit or letter of credit may be reduced in amount at the discretion of the City upon approval by the City of the partially completed Improvements, but in no event shall the deposit or letter of credit be reduced to an amount less than 125% of the cost of the remaining Improvements. At such time as the Improvements have been approved by the City, such deposit or letter of credit may be replaced by a maintenance bond. 22.) Insurance - The Developer shall take out and maintain during the life of this agreement public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's work or the work of their subcontractors, or by one directly or indirectly employed by any of them. This insurance policy shall be a single limit public liability insurance policy in the amount of $1,000,000.00. The City shall be named as additional insured on said policy and the Developer shall file a copy of the insurance coverage with the City. 'RQv~\0~() Y\7 to l"\Nj' LAKe D~v. A.Jy-~, 4 Prior to commencement of construction of the Improvements described in paragraph 2 above, the Developer shall file with the City a certificate of such insurance as will protect the Developer, his contractors and subcontractors from claims arising under the workers' compensation laws of the State of Minnesota. The insurance coverage required hereby may be supplied by the Developer's contractors and subcontractors, thereby satisfying the requirements of this section. . 23.) Laws. Ordinances. Regulations and Permits - Developer shall comply with all laws, ordinances, and regulations of all regulatory bodies having jurisdiction of the Subject Property and shall secure all permits that may be required by the City of Shorewood, the State of Minnesota, the Minnehaha Creek Watershed Districts, and the Metropolitan Waste Control Commission before commencing development of the plat. 24.) Local Sanitarv Sewer Access Charges (LSSAC) - Developer shall, prior to release of the final plat by the City, make a cash payment to the City in the sum of $2000 ($1000 for each lot) as local sanitary sewer access charges. Credit has been given for Lot 3, Block 1. 25.) Park Fund Pavment - Developer shall. prior to release of the final plat by the City, make a cash payment to the City in the sum of $2000 ($1000 for each lot) for the Park Fund. Credit has been given for Lot 3, Block 1. 26.) Tree Preservation Measures - The City has adopted a Tree Preservation Policy ("Policy") which has been incorporated into the City Code. In addition to the Policy, the Developer has prepared and the City has reviewed a detailed tree preservation plan prepared by Close Landscape Architecture dated 24 June 1998 ("Plan"). The Developer agrees that the tree preservation measures provided for in the Policy and in the Plan are the responsibility of the Developer, and that the Developer shall also be responsible for any acts of its subcontractors or agents which are in violation of either the Policy or the Plan. As partial security for its obligation under this paragraph 26, the Developer agrees that prior to the issuance of each building permit, it will provide for two thousand dollars ($2000) in cash or letter of credit per lot to be deposited with the City as security for such obligation. In the event that the City draws upon the security, as provided for in paragraph 31 of this Agreement, the Developer shall have ten days to restore the security to $2000. In the event that the Developer fails to make such restoration, the City may treat such failure as a default and may proceed in accordance with paragraph 31(03) of this Agreement. 27.) Notices - All notices, certificates and other communications hereunder shall be sufficiently given and shall be deemed given when mailed by certified mail, return receipt requested, postage prepaid, with proper address as indicated below. The City and the Developer by written notice given by one to the other, may designate any address or addresses to which notices, certificates or other communications to them shall be sent when required as contemplated by this Agreement. Unless otherwise provided by the respective parties, all notices, certificates and communications to each of them shall be addressed as follows: To the City: Zoning Administrator CITY OF SHOREWOOD 5755 Country Club Road Shorewood, Minnesota 55331 5 laws of the State of Minnesota. In the event of an emergency, as determined by the City Engineer, the notice requirements to the Developer prescribed by Minnesota Statutes Chapter 429 shall be and hereby are waived in their entirety, and the Developer shall reimburse the City for any expense incurred by the City in remedying the conditions creating the emergency. (02) Performance Guaranty. In addition to the foregoing, the City may also institute legal action against the Developer or utilize any cash deposit made or letter of credit deli vered hereunder, to collect, pay, or reimburse the City for: (a) The cost of completing the construction of the improvements described in paragraph 2 above. (b) The cost of curing any other default by the Developer in the performance of any of the covenants and agreements contained herein. (c) The cost of reasonable engineering, legal and administrative expenses incurred by the City in enforcing and administering this Agreement. (03) Additional Remedies. Notwithstanding any other remedy available to the City under this Agreement, the City may elect to proceed under this paragraph to remedy a violation of Developer's obligations under paragraph 26 hereof. (a) Upon discovery of an apparent violation of the Plan or Policy, the City will notify the Developer in writing of the violation. The notice will contain a description of the circumstances constituting the violation, the provision of the Policy or Plan which is apparently violated, the steps which must be taken to correct the violation and the date by which the compliance must occur. (b) If compliance has not occurred within such time, or if the violation, by virtue of its repeated nature, seriousness or other factors are such that a penalty may be appropriate, the matter will be scheduled for a hearing by the City Council at a meeting not sooner than ten (10) days following the date on which written notice is mailed to the Developer. (c) Following the hearing, the Council shall render its decision in writing. If the Council determines that the Plan or Policy has been violated, (whether or not the violation has been corrected) it may take some or all of the following actions: (i) impose a monetary penalty of not more than $2000 for each violation. (ii) order that the Developer stop work: on all construction for which building permits have been issued; and withhold the issuance of additional building permits until it has received assurances satisfactory to the City that no future violations of the Plan or Policy are likely to occur. 7 (iii) take any other actions or enforce any other remedies available to it under this Agreement, the Policy or the City Code. (04) Legal Proceedings. In addition to the foregoing, the City may institute any proper action or proceeding at law or at equity to abate violations of this Agreement, or to prevent use or occupancy of the proposed dwellings. 32.) Headings - Headings at the beginning of paragraphs hereof are for convenience of reference, shall not be considered a part of the text of this Agreement, and shall not influence its construction. 33.) Severability - In the event any provisions of this Agreement shall be held invalid, illegal, or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof, and the remaining provisions shall not in any way be affected or impaired thereby. 34.) Execution of Counte!l'arts - This Agreement may be simultaneously executed in several counterparts, each of which shall be an original, and all of which shall constitute but one and the same instrument 35.) Construction - This Agreement shall be construed in accordance with the laws of the State of Minnesota. 36.) Transfer. Successors and Assigns - It is the intention of the parties that the Developer shall, absent a written release executed by the City, remain responsible for all of the obligations imposed upon it under this Agreement, without regard to whether or not the Developer has sold or otherwise transfered some or all of the subject property, or its interest under this Agreement, to others. Whether or not such assignment or transfer is approved by the City, this Agreement shall be binding upon and inure to the benefit of Developer's interest under this Agreement, or transferee of all of part of the subject property . IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year first above written. DEVELOPER CITY OF SHOREWOOD By: Judith A. Gleason Its: Mayor ATTEST: City Administrator/Clerk 8 <i CITY OF SHOREWOOD CITY COUNCIL WORK SESSION MONDAYt SEPTEMBER 28t 1998 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS IMMEDIATELY FOLLOWING REGULAR MEETING AGE .N D A 1. CONVENE WORK SESSION A. Roll Call B. Review Agenda 2. DISCUSSION OF THE CONCEPT OF THE CITY PURCHASING LAND - 25720 HIGHWA Y7 3. ADJOURN No official action is taken at Work Sessions. To: Mayor and City Council James C. Hurm, City Administrator From: Date: September 24, 1998 Re: Wagner Property Work Session Attached please find: 1. July 27 Report Excerpts on Citizen Review Group Recommendations 2. August 31 Land Conservation Committee Relevant Minutes 3. September 1 Planning Commission Relevant Minutes 4. September 8 Park Commission Relevant Minutes (draft) 5. September 17 Park Foundation Relevant Minutes (draft) 6. Letter of Engagement From C.E. LaSalle & Associates (appraiser) which needs Council direction 7. Wording of Current Comprehensive Plan 8 . Wording of Proposed Changes to Comprehensive Plan cc: Park Commission Planning Commission Park Foundation Land Conservation Committee Mark Koegler, Park Planner Citizen Review Group t. , . MEMORANDUM Hoisington Koegler Group Inc. m~ mn TO: Shorewood Park Commission Meeting DATE: July 27, 1998 ;,-) I C' fF':.1 C' fi \\ n-=:""",\ . /:/0 [f; II-./.> ,e::. I! ,Vi j~ :1\\; -. --<I \1: I I. !I j'l I~n\ -ll:: ,;: -;C"'r I !; Ii eo ~I :..,.:;;C 'UII ~ ~: i By I SUBJECT: Park and Trail Planning Process FROlVI: Mark Koegler On December 9, 1997, the Park Commission and City Council met in ajoint session to discuss park and trail planning issues in Shorewood. The outcome of that meeting was agreement that the City should undertake a grassroots approach to solicit input on whether or not Shorewood should continue efforts to implement a local trail system and to determine what types of park improvements are needed in the community. In order to make the approach as broad-based as possible, it was detennined that input should be taken in three foOO5: 1) a community visioning session, 2) a community recreation survey and 3) the appointment of a Citizen Review Group. Since December, the Park Commission has been actively addressing andlor coordinating all three of these items. ~~3 ~~~WA C~tct.v~ ~ ~.v1l~~ __/\JL-c~~LA , ~I ~ Citizen Review Group NIeeting - July 23, 1998 Shorewood Trail Planning Issues - Recommendations Should Shorewood continue efforts to establish a local trail system throughout the community ? Yes - unanimous resI?onse If yes, what should be done, what actions should be taken? 1. The City needs to establish trails as one of its formal goals. The establishment of a trail system should be a goal, formalized by the City Council. 2. The City needs to update the trail plan incorporating the following: · The plan should articulate goals for trails related to safety, quality of life, community connections and passive activities. · The plan should clearly identify what will be accomplished by implementing a trail system. · Trails are not everything to everybody and they never will be. Some areas of the community may be better served by trails than others. In spite of this fact, emphasize that the trail system is a community facility. · The plan should fIll in the information gaps - value, use, impacts, current financial tools, etc. · The plan should focus on off-street trails. Separate trail projects from roadway projects. Roadway projects result in too much rhetoric about the need for municipal water. If the rhetoric bogs down the whole process, very little gets accomplished. · Look at all financial options. · Establish phasing, what, when, where... · Contact Chanhassen and Excelsior to coordinate trail plans. · Simplify the terms - the term off-street trails may mean different things to different people. · Consider establishing a framework in the trail plan. Let the framework serve as a guide in planning and designing specific trail segments. For example, establish the need for a trail, the budget, width standards, etc. and let the neighborhoods be involved in formulating local recommendations. Be flexible. · Assemble trail plan options and get additional input. 3. Conduct a public education campaign. Get out the story. 4. Emphasize relationship management - build trust by disseminating accurate information. Show impacted parties what trails will look like via computer images. Hold small group meetings to discuss trails. Encourage resident participation to help shape the trail plan. 5. Maintain momentum. 1 4- '. ~ What additional park improvements are needed in Shorewood? . Acquire green space - consider all sizes of parcels Enhance natural areas - consider establishment of prairie areas Look at expanding Freeman Pane--...> Consider additIonal youth activities for "non-organized" pursuits such as in-line skating, BNIX, skateboarding, playgrounds and basketball. Integrate trails into parks - create trail loops - connect park trails to the LRT trail in Freeman Park. Add benches and seating areas, create "stops along the way" Add permanent restrooms at Freeman Park . . . . . 2 MONDAY, AUGUST 31, 1998 7:00 A.M. SHORE1'J'lOOD CITY CONFERL'JCE /)Jj 4V1;: "_'ILL I ROOM SHOREWOOD LAND CONSERVATION COMMITTEE MEETING MINUTES 5 . DISCUSSION OF AN OFFER TO SELL LAND HIGHWAY 7 2570 A~~inist=ator Hurm desc=ibed the background of the prope=ty. T~e owners a=e not inte=ested in selling or donating a c~nse~Tation easa~ent, but they are interested in selling the o=ooertv' to the Cit-r. The auestion the City needs to address is,- is this the kind of land the City wants to acqui=e? He a:so mentioned the issue of potentially putting a c~~unications tower on the property. Fr~~k Svoboda asked i: j-"- Q C ~ :-"/ -Q""1'" ert_- the :Jrooertv for a towe=, could the Ci ':', make ---- --- ----- - - - .- money to cover the cost of the purchase. Administrator Hurm responded positively and added that fede=al law states that local governments may not prohibit cellular facilities. Chair Riesen asked about the status of the nursery business to the east of the property. Administrator Hurm said that they are not related. Fred Br~no asked if the City could buy the land, put an easement on it, and then sell it back to someone else. Brad Nielsen said that was a oossibilit~,. .. - Frank Svoboda offered the following option: split the property into two parcels, allow a house to be put on the second parcel, put easements on both parcels, and then sell the'parcels. Administrator Hurm indicated that there is a lot of pressure to develop more soccer and ball fields in Shorewood. 6 . COMMITTEE WORK PLAN It was agreed that Ms Ha~~ will begin drafting the Committee report. Administrator Hurm suggested that the Committee look at the option of the City acting as a land bank. Ms Coleman suggested that in such a case, the City should develop a relationship with realtors and developers and perhaps they would market land with easements~ Frar~ Svoboda indicated that he ~~ows of someone who has expertise in the differential analysis of easement valuation. It was agreed that this person will be on the September 14 agenda. 7 . ADJOURNMENT There being no further business, the meeting was adjourned at 8:20 a.m. RESPECTFULLY SUBMITTED, E=ica EJ HarJl Planning Intern 4F~ PLANNING COMMISSION MINUTES SEPTEMBER 1, 1998 - Page 6 David Polley, 27635 Island View Road, confirmed he had no further comments on this issue. Nielsen stated that this issue will be studied at the September 16 meeting, and move the Comprehensive Plan Study Session to the first meeting in October. 4. CITY ACQUISITION OF PROPERTY AT 25720 STATE HIGHWAY 7 Callies excused herself due to her law firm representing a matter that is potentially affected by this situation. Nielsen reviewed the background on this acquisition. The City Council has asked th~ Planning Commission to review this property acquisition and comment on its consistency with the Comprehensive Plan, and provide feedback to the Council. The Council will review this issue at their September 14 meeting. He explained that the city has been approached by Mr. and Mrs. Wagner to sell their single family residential property to the city. The city attorney said the Planning Commission should not concern themselves with the fact that it is part of a law suit and they should treat it as any acquisition. The Planning Commission is to consider what the potential uses would be. One of the most difficult issues in developing a site is its access. Chair Borkon requested that the Planning Director outline where this does not align with the Comprehensive Plan. It was noted that parks would be one and she would like to approach this issue in that manner. Nielsen confirmed that parks is the most specific discrepancy. Chair Borkon opened the issue for discussion among the Planning Commission and stated if public comments were available they may add to the discussion. Bill Colopoulos, 26215 Shorewood Oaks Drive, stated that Little league baseball is very interested in this property and there is a funding possibility from sporting organizations. He suggests a very detailed analysis be made if this purchase is made, which could take longer than time allows. Chair Borkon questioned if there would be language integrated into the Comprehensive Plan regarding acquisition of land for specific purposes. She also questioned if this land is used for park property, will the issue of traffic arise. Nielsen explained that the Comprehensive Plan specifically talks about changing the southerly access and thereby alleviating traffic problems. Be also stated that there has been language drafted regarding the preservation of open space. The report from the Land Conservation Committee may be more specific. Bailey questioned whether the Comprehensive Plan prohibits acquisition of more park land. Nielsen agreed it is soft language in the Comprehensive Plan and this is a discrepancy with the Plan. Anderson questioned if there is a long term plan for Freeman Park by the Park Commission. Mr. Colopoulos confirmed that the Park Commission does have a couple of plans under review, but the only plan for major reconfiguring of parks is in Freeman Park. He has heard complaints that #3 PLANNING COMMISSION MINUTES SEPTEMBER 1, 1998 - Page 7 parking is inadequate. He stated that the Park Commission has not explored acquiring more land. Anderson stated that he is aware that the entrance off of Highway 7 is dangerous and asked if the Park Commission has explored changing that entrance. Council Liaison O'Neill stated that MnDOT is in favor of this change. Chair Borkon posed the question that if this property were acquired, would it have to be for parks. Council Liaison O'Neill replied it wouldn't have to be, although this is an option. She stated that she has a concern about all of the areas being covered in the Comprehensive Plan and continued that she thinks there are a lot of reasons to acquire this land--one could be for senior housing or selling to a developer. Scott Zerby, 5680 Christopher Road, questioned for what reason the land is becoming acquired. It was noted that it was becoming a for-profit acquisition. Mr. Zerby asked if there was some way to bring it before the citizens. Council Liaison O'Neill stated that these questions were addressed at the last Council meeting and that the Council's attomeys advised against purchasing with the idea of reselling for a profit. Mr. Zerby clarified that on the map it showed 7 lots and questioned who would develop those lots. Nielsen replied that this could be a possibility if someone other than the city purchased the land. Discussion took place around budgetary issues and expenditures. Nielsen stated that Eagle Crest had a purchase agreement on the property but hasn't performed on it and it is past the original terms of purchase. He reiterated that the Commission is not to concern themselves with this legal issue. Bud Cook, Galpin Lake Road, stated he has several concerns on the acquisition of this property. He is concerned about the possibility that Eagle Crest wins the law suit and the legal entanglement. He stated that legal issues cannot be kept separate from purchasing because of this issue and that taxes may be too high. He explained that we may spend $237,000 for land and it's coming from the residents' taxes. Another concern Mr. Cook stated is about dividing the property into seven lots. He reiterated that Shorewood would only receive $3,700 in taxes, but what is the impact on the school district. School taxes seem to be three times of what we pay in city taxes. He brought up the question of traffic, stating that when Eagle Crest was involved, traffic would be rerouted out to Eureka; where would this traffic go with the city acquiring the land. Chair Borkon clarified that if Eagle Crest did win the law suit to own the property and we would have already purchased this property, there wouldn't be a problem. Nielsen clarified that the schools would receive $15,320 plus more children to put in the district. Laura Turgeon, 24670 Amlee Rd, stated she is not against acquiring the property, but the problem is with the timing. If we're going to do this, it should be supported by organized sports leagues. She also pointed out that there are some inconsistencies with the Comprehensive Plan. She further stated that we have a moratorium on PCS and we must recreate the policy stating if . . PLANNING COMMISSION MINUTES SEPTElYlBER 1, 1998 - Page 8 we can put a tower in residential areas. She questioned where the $237,000 is coming from. She stated concern about the city getting ahead of itself on this issue. Mr. Colopoulos voiced concerns on the telecommunications tower and whether it is mandated by the FCC. He concluded by stating that the citizens would not agree with building a tower in their neighborhood. Nielsen mentioned the open space option, that the City is considering buying the property and selling part of it to build a single family home. This is one option offered by the Land Conservation Committee. Chair Borkon reiterated the question of what do we need to do to the Comprehensive Plan to make this acquisition fit in it. She confirmed she has trouble believing it is a separate issue from the legal issue. She stated that she thinks this can work if several places are changed in the Comprehensi ve Plan's language. Chris Lizee, 27055 Smithtown Rd, questioned if copies of the documents can be made available to the public. She questioned the meaning of actively seeking or acquiring wetland. Nielsen explained that the city has done that through the subdivision process in most cases. Mrs. Lizee also expressed concern on financial issues, funding, and cash flow. She also remarked that the letter from Mark Kelly, attorney, stated the property is subject to an existing agreement and that the city should be more concerned about the existing agreement. Bailey voiced his opinion that the timing is not the best. He thought it would be better if a couple things were in order, although, opportune investments are sometimes necessary. City's sometimes have to take action on things in a strange order. He doesn't find it to be an inappropriate investment to the city. He stated that he thinks the Comprehensive Plan is consistent especially with the changes already made to the land use. This purchase shouldn't be hinged on the telecommunications tower, but it will be a viable site for it. Anderson stated that he thinks it is a good opportunity for the city to purchase the property. He further stated that the city should work with parks and nonprofit organizations and exercise any options there. The intent is to increase the park and the facilities there. He explained that he is in favor of fee oriented services. He thought the park users should be the ones to ask to acquire more land. He concluded by saying it is an opportunity that should be looked into, although the timing is never good, and he thinks we are in line with Comprehensive Plan. Collins thanked everyone in the audience and stated he will not take a side. He stated that this is something the city should continue to look into. 5. MA TTERS FROM THE FLOOR - None. 6. REPORTS Bailey stated he will not be here for the September 16th meeting. Collins stated he will be unavailable starting immediately until mid November due to personal reasons. 'PARK COMMISSION MINUTES SEPTEMBER 8, 1998 - P AGE 2 B. Report on Youth Coalition Meetings Chair Puzak. reported that the August 27 Youth Coalition meeting was poorly attended. The group agreed to meet again on September 9. Puzak will attend that meeting. DRAFT C . Report on Meeting with Soccer Association of August 27 Chair Puzak and Administrator Hurm met with the president of the Tonka United Soccer Association and one of the association's staff. Puzak reported that he and Hurm reiterated the City's concerns about safety, parking and intensive use of the fields. Puzak is confident that the soccer club will be a better user of the park by policing parking and spacing games to reduce traffic and wear and tear on the fields. Commissioner Bensman asked if the two groups will continue to meet Puzak said that he has asked for the Soccer Association to assign liaisons to the Park Commission and has recommended three or four meetings per year. He also asked that the soccer club would communicate with the City when they will be holding tournaments and gave them a copy of the new tournament policy. Commissioner Arnst asked about the next meeting date and whether there will be similar meetings with all sports organizations who use the Shorewood parks. Themig pointed out that a meeting for all sports organizations has been planned for October. 5. DISCUSS THE CONCEPT OF CITY ACQUISITION OF PROPERTY EAST OF FREEMAN PARK AT 25720 STATE HIGHWAY 7 Chair Puzak. complimented City Staff for the informative report which they provided on this matter. Administrator Hurm distributed a copy of the September 1, 1998 Planning Commission Minutes covering their discussion of this topic. He reported that they had come to the conclusion that there would not be a problem in terms of the Comprehensive Plan. The Planning Commission is interested in the Park Commissions' thoughts about the property's potential for recreation. He added that, although the parcel is involved in a lawsuit between a developer and the City, it should be considered independently of that matter. Commissioner Colopoulos asked if the City Council has determined whether a purchase of the land fits in the Comprehensive Plan. He brought up the question of park user funding as a means of fmancing the purchase. puzak replied that the Park Commission would need to seek input from the sports organizations and also from the Land Conservation Committee about acquiring. the land for open space. Commissioner Arnst cautioned that user funding may obligate the property be designated to special use. Commissioner Themig asked for clarification of how the Comprehensive Plan did or did not identify this land for possible park use. It was explained that, while the City was aware in the past that this land may potentially be available, it has not been an option until now. Commissioner Bensman noted that this has become a controversial piece of property. She questioned whether this is a good choice for investing in open space since Freeman Park is congested as it is. More fields would generate more traffic. She asked if other options should be considered and said that more information would be needed to decide if this property is best for park expansion. Puzak. pointed out that there was once a request that the park entrance road off of Highway #7 could be moved to the east because it was too close to residential property to the west of Freeman. Part of the new property would be needed in order to create that safer access to the park. Hurm added that at the time this idea was considered, the amount of land needed was 20 or 30 feet more. Puzak asked if the land could serve two needs by being split with 30 feet of the 200 feet being used as a "buffer zone" and the rest of the property sold for some other purpose. He added that there 111 PARK COMlVIISSION MINUTES SEPTEMBER 8, 1998 - P AGE 3 has been a legitimate, documented interest in the 30 feet adjacent to the park for safety reasons. Colopoulos agreed that if the property were to be developed, a buffer zone would help prevent the potential squeeze of land between the park and future land use to the east Commissioner Dallman noted that the property's proximity to Freeman Park alone makes it desirable. He said that whatever future use would be determined by the City, it would be best to have that choice rather than to have regrets about other possible development of the land. Councilmember Jerry O'Neill spoke from the floor. He stated that this unique piece of property has been offered to the City and the opportunity is there to use for prairie preservation, communications tower, etc. The Park Commission is being asked to put ideas together to present to the public and to show the City Council what can or cannot be done with the property. Commissioner Themig stated that if the opportunity is there to acquire land next to a park, and if it is affordable, it should be purchased. Other issues about use of the land are long term. The decision of how to fund the purchase is the job of the City Council. Colopoulos added that the Park Commission needs to evaluate the exact use (whether parking, field space or whatever), and then they could strike a balance later. These are developmental questions that take time. He agreed that it is a positive opportunity. Themig said that multiple options should be considered because $237,000 is an expensive parking lot He asked if there had been any community feedback on the issue of the land purchase. Hurm said that he is not aware of any made to City Hall. Commissioner Arnst asked about the status of the existing purchase agreement as noted in the letter from Attorney Mark Kelly. Hurm explained that the 30 day expiration tem on the current agreement has not yet been initiated by the owners. The plan, however is for that purchase agreement to be canceled. Bensman reiterated her concern about possibly jeopardizing the City's fmancial ability to develop trails, which residents have clearly asked for. She cautioned against using open space for ball fields or parking lots when the public has indicated clear interest in open space and trails. Commissioner Cochran stated that the City's desire in purchasing the land is to have control of its future, not to create a whole set of new problems. Puzak. summarized that this could be viewed as a win-win situation. The need for a buffer space to the east of Freeman Park has been identified and this is the only opportunity to expand. The remainder of the land could be used for a scaled down development (i.e. 40 units instead of the once proposed 70). The City has an interest in pursuing the purchase and could make it a well rounded acquisition. 6. TRAIL PLANNING PROCESS - NEXT STEPS. DISCUSSION WITH PARK PLANNER MARK KOEGLER IN PREPARATION FOR SEPTEMBER 21 WORK SESSION WITH CITY COUNCIL Mark Koegler highlighted parts of his September 1 memo to the Park Commission, noting that much was learned from the planning process. He added that by working through the Citizen Review Group, Shorewood has made trail planning a grass roots effort. The point was made that Shorewood's trail development needs to be identified as a "Trail Process" rather than a 'Trail Plan", indicating a strong element of flexibility. Another conclusion reached by the Citizen Review Group is that there are many obstacles and challenges to overcome in order to implement a trail system in Shorewood. The next step recommended by the group has three elements. The City Council and Park Commission need to: 1 . Identify trails as a community goal. 2. Identify a process to achieve the goal. 3 . Explore funding sources. DRAFT SHOREWOOD PARK FOUNDATION MEETING THURSDA Y, SEPTEMBER 17, 1998 SHOREWOOD CITY HALL 7:30 P.M. 5755 COUNTRY CLUB ROAD iVIINUTES 6. DEVELOP A PLAN TO BUILD A CONCESSION STAND/PICNIC SHEL TER A l' FREEMAN PARK Jim Hurm presented plans from the building at Pioneer Park in Chaska. He talked with Ken Busch from Chaska Building Center who suggested that the large kitchen area could be used as a warming house. The November 17, 1997 concession building tour report was handed out. The Chaska building budget was $80,000 which includes day force work relating to landscaping, utility installation and electrical service. Tad Shaw suggested that a sub-committee should be created to develop "business plan a" which would include running the concession stand by volunteers and "business plan b" which would include running the concession stand by paid staff. Don Kelly noted at this point the sports organization have not even committed to using the facility. A sub-committee was established to begin a business plan. The sub-committee consists of Ken Dallman, Tad Shaw, Bill Keeler and Gordy Lindstrom. 7 . . DISCUSS THE CONCEPT OF CITY ACOUISITION OF PROPERTY EAST OF FREEMAN PARK AT 25720 STATE HIGHWAY 7 Various issues where discussed regarding the potential of the City of Shorewood purchasing 5.5 acres to the east of the little league area. The directors unanimously agreed that the addition of the land would be a valuable asset to the park. The opportunity to purchase this land may not present itself to the City again. This committee strongly expressed its recommendation to the Park Commission and City Council that the acquisition of the land should take precedent over the construction of the picnic shelterlconcession building, and, if approved CIP funds are needed to fund the purchase, the $100,000 of park funds approved and set aside for the building would be better spent at this time on the purchase of the land. The building could be funded again at a later date. The directors discussed possible uses for the proposed land addition. The directors of the sports organizations expressed their interest in the land to support the individual organizations' need for additional activity space and parking. There was general consensus that the property cost, while it may be fair market value, is only justifiable if the property is used as active park property. The directors also expressed their opinion that the need for activity space in our areas is so great that the acquisition of the Land-De Con property is a natural extension of Freeman Park, and should be given proper consideration by the ~ity Council as well. Don Kelly moved, seconded by Scott Hanson that the Shorewood Park Foundation recommends to the Park Commission and the City Council that the available Wagner property be purchased as an addition to Freeman Park and that the foundation is enthusiastic about the prospects of helping the City develop the Wagner land into prime park property. The motion passed unanimously. #5' C. E. LASALLE & AsSOCIATES Real Estate Appraisers & Consultants SUITE 140 7400 METRO BOULEVARD EDINA, MINNESOTA 55439-2318 Telephone 612-835-1001 C.E. laSALLE SRPA,ASA,SR/WA R. J. HURLEY J. P. ENGSTROM Facsimile 612-835-7285 September 15, 1998 Mr. Jim Hurm City of Shorewood 5755 Country Club Road Shorewood, MN 55331-8927 Re: Engagement Proposal Wagner Property 25720 State Highway 7 Shorewood, Minnesota Dear Mr. Hurm: Thank you for giving us the opportunity to submit a proposal for the appraisal of the above referenced property. Having had the opportunity to conduct a cursory examination of the issues involved in the acquisition, we are prepared to provide you with a detailed, documented appraisal for acquisition purposes. Our appraisal will include the inspection of the property, review of city zoning and planning requirements and matters, familiarizing ourselves with the community, neighborhood, and analyzing the surrounding property trends; review the historical real estate market, taking into consideration stability and changes; complete the highest and best use analysis based on market research and analysis; research of sales of property that are considered competitive with the subject, and after adjusting the market data, arrive at a well supported conclusion of value. Our fees for the services described above are based on the expected time necessary to develop the appraisal. I am not sure what will be necessary in developing the appraisal but I would judge the cost would range from $750 to $1,000, depending on a number of variables . We wish we could give a more accurate estimate of the total fees and disbursements, but we cannot determine at the present the amount of time that our services will involve. Our normal turnaround time for this type of work is usually two to three weeks from the time our proposal is accepted. If this proposal is satisfactory, please let me know and we will commence. If you have any questions, do not hesitate to call. Very truly yours, C. E. LaSalle, SRP A ~Ip New development will continue to be required to manage its stormwater runoff based upon the principle that the rate of runoff leaving a site after development will not exceed the rate prior to development. . While Shorewood has addressed the issue of water quantity in recent years, the quality of stormwater runoff has become a topic of concern. This issue is addressed in the Natural Resources chapter of this Plan Parks and Recreation At present the park system contains approximately 96 acres of what is considered usable land. A large amount of land which has been dedicated as park property is not considered to be suitable for park development. The unusable land is comprised of wetlands which because of location or size offer little possibility at present, other than open space. Shorewood's park system is shown on the page CF-27. Six sites constitute the core of the present system. These are: Cathcart Park (in Chanhassen, but owned by Shorewood) 4.8 acres Freeman Park 67.8 acres Badger Park (including City Hall) 10.2 acres Crescent Beach Goint-use with Tonka Bay) .4 acres Manor Park 4.5 acres Silverwood Park 8.1 acres In addition to these parks, other recreational facilities exist, including a playground at the Minnewashta Elementary School and a semipublic golf course on the south side of Smithtown Road, west of Country Club Road. Several old fIre lanes which have been held by the City also provide limited recreational opportunities to various neighborhoods. As mentioned in the Transportation Chapter, the City has also adopted a Trails Plan. These existing sites are considered adequate to meet the future needs of Shorewood. With the exception of the islands and a small pocket south of Galpin Lake, most areas are within a one-half to one-mile radius of neighborhood park facilities. As such, the focus of future park planning will be on developing the parks, as opposed to acquiring more land. One exception to this is Freeman Park. Some of the local athletic organizations have expressed interest in possibly expanding facilities in Freeman Park. The City should remain open to organization-supported expansion on the south end of the park. Considerable planning has gone into Shorewood's park system. Master plans for each of the City's parks have been prepared (see pages CF-29 through 33). These plans took into consideration the Classification System for Local and Regional Recreation Open Space, provided on pages CF-10 and 11. Shorewood's parks and open spaces fall into the following categories: Neighborhood Park. Four of Shorewood's existing parks - Cathcart, Badger. Manor and Silverwood - fall into this category. In addition. facilities at Freeman Park also serve the nearby neighborhoods, as do the facilities at Minnewashta Elementary School. Community Playfield. The Minnetonka School District has historically been heavily involved in providing playfields for local recreation. Specifically in Shorewood. Minnewashta Elementary School functions in part as a community playfield. Freeman Park is viewed as satisfying the majority of need for community playfields. ~LJ(""'("+ CO"",, P PI",,,, " · ~. r. '.1' L \..17 CF-25 (COvV\MLJ)'\\i-i r~1 Hill 7/ ) / .' Natural Resources Goal and Objectives 6/98 Natural Resources Goal The City will establish guidelines and adopt regulations to ensure preservation and protection of the natural environment. Natural Resources Objectives I. Development which occurs is to be compatible with features of the natural environment and preserve environmental features and natural amenities. 2. The natural and aesthetic quality of Shorewood's lakeshore is to be maintained and where feasible improved. 3. Creative development design to ensure the protection and enhancement of those portions of the community containing unique physical features (e.g. topography, woodlands, etc.) is to be encouraged. 4. Natural wildlife habitats are to be provided protection to ensure against loss. 5. The environmental balance between natural and man-made physical features is to be maintained through proper land use development policy. 6. Shorewood's trees and vegetation are valuable assets and consideration is to be given to their preservation and protection. 7. All environmentally sensitive areas (e.g. wetlands, shorelands and floodplains) are to be protected. 8. Area lakes' ecological systems are to be conserved and protected for future generations. []9. . Where feasible, control over natural open space areas shall be obtained through conservation . · easements. acquisition or development regulation. fru~lJ Comp flt(~ R~i7j6Y\ (tJahKA \ Re?VV.....d~)t8 ;\,( +t:-l0. A drainage plan shall be established which utilizes intermediate ponding areas and provides municipal procedures for the acquisition, dedication, or control of areas so designated. tt 11. Environmentally sensitive areas such as wetlands and wooded areas are to be acquired or publicly controlled, when necessary to preserve their integrity. t7 Conservation easements and similar methods of preserving open space shall he pursued L-ro ensure that such areas remain in open space indefinitely. 18. 19. 20. 21. 6/98 13. The natural and aesthetic quality of Shorewood's lakeshore environment is to be maintained and where possible improved. 14. Support shall be given to efforts aimed at reducing lake pollution. 15. Water bodies and watercourses shall be classified and zoned for specific uses giving due consideration to DNR and LMCD recommended regulations. 16. State and federal environmental regulations shall be incorporated into local policy. 17. All reasonable measures shall be taken to mitigate adverse impacts resulting from development on natural wildlife habitats. Programs designed to protect Shorewood's trees through disease control measures and reforestation shall be encouraged. Protect surface and ground water quality by establishing programs to educate the public and regulate the use of chemical lawn fertilizers. Preserve existing wooded areas and develop programs and regulations to replace lost tree cover. Update current development regulations to address water quality as well as quantity of stormwater runoff. tt~~-td c,"^f PJ?\I\R4~;"iJ~\ (N~t\lrt\l 'RV;W(~) .) .. ~ couples or the elderly. As land becomes increasingly scarce, market forces often conflict with what ,vould be considered affordable housing by metropolitan area standards. Given Shorewood' s desire to maintain its low density residential character, =Fthe Land Use Plan attempts to establish n.orc: ,;iria] thM ctlIIcnrlJ c,{ist3 in SI.orcvvood. preserve the community's present variety of IlOusing stock. 4. Preservation of Greenspace. Past planning has tended to assume that any land that is not set aside for wetland protection or parks will ultimately be developed. This need not be the case. This section of the Comprehensive Plan will explore means of establishing pennanent greenspace areas such.as assisting neighborhoods in purchasing land, obtaining conservation easements,'or outright land acquisition by the City. ...... . ) &o~~J, ~ F1.(.... Revit70V\ 1 f_ \. j I .' . 1..,0" {~U'7~) '" ,. :, /0'., Land Use Plan Land Use Classifications The maps on the following pages show Existing Land Use in Shorewood and the Land Use Plan for the community. The Land Use Plan map shows the proposed juxtaposition of a variety of land use types and densities. These land uses are described in general below. More detailed infonnation and justification are included in the Area Plans section which follows the Community Facilities/Services Plan. . Undevelooed Ooen SOllce. Based upon the assumption that all buildable land in Shorewood wiII eventually be developed in one fashion or another. this category consists primarily of wetlands. These areas are indicated on the Land Use Plan map as designated wetlands, and are taken from the official Shorewood wetlands map. These areas are scattered throughout the community and range in size from small potholes to the very large tracts of land found near Howard's Point Road and east of Christmas Lake. Protection of these natural areas is considered important. both in tenns of Shorewood's natural drainage system and retention of community aesthetics. f;j As undeveloped land in Shorewood becomes more scarce, there is increasing imerest in preserving at least some of it as pernwnent open space. Metro Greenorint. a publication sponsored by the Minnesota DepanmeT1t of Natural Resources. provides' an overview of programs available to communities interested in the preservation of open space. With these and other programs in mind. the City should examine its inventory of remaining undeveloped land, establishing priorities for the acquisition of land (e.g. ecological preservation. scenic and recreational value, etc.), and identifying financing alternatives for sllch acquisition. Input from neighborhood groups o\'ollld be valuable in this effort. ) Low Densitv Residential. While the City has recognized a need for providing areas which allow a somewhat higher density than one acre lots. there is still a market for large lots. The areas indicated on the Land Use Plan map consist of land where such development is already prevalent. Overall density is proposed at approximately 0 :C' 1 LII1!! r.'~~' .. 4. .... ,. ~~,;. S'_,_ f;Opb~~-O~;) PIa, R-'N;~'I"f'\ ( LA~ U~) -: t!" h CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (612) 474-3236 FAX (612) 474-0128' www.state.neUshorewood' cityhall@shorewood.state.net Executive Summary Shorewood City Council Meeting Monday, September 28, 1998 '- ' Agenda Item #3A: This resolution rejects ail bids and re-authorizes the advertisement for bids for installation of the Emergency Vehicle Preemption Devices (EVP) for the intersections of Old Market Road and County Road 19 with Trunk Highway 7. An error in publishing of the Ad for Bids was cause for closing the bidding process and rejecting all of the bids. A revised bid opening is slated for October 21, 1998. If awarded, this project will still be constructed this year. Agenda Item #3B: This draft agreement, if approved, authorizes KMC Telecom II, Inc. to place fiber optic facilities within the public right of ways of Shorewood. Staff is recommending approval of the agreement contingent upon final review and recommendations of the City Attorney. . . .. "'i Agenda Item #3C: This ordinance should have been included in the packet for the meeting of 14 September, in conjunction with the adult use licensing ordinance. It simply amends the Zoning Code to address adult use establishments subject to the requirements of Chapters 309 and 509. Approval requires a four-fifths vote by the Council. . .~ f ,.) i I. Agenda Item #3D: This motion authorizes the execution of a subordination agreement to allow for a refinancing of a home. This is required because the property recei ved a home rehabilitation loan through our Community Development Block Grant Program (CDBG). These subordination agreements have been entered into a number of times over the years. Agenda Item #3E: This resolution accepts the Shady Island Bridge for the City's perpetual maintenance, and also authorizes final payment to jay Brothers, Inc.. Staff is recommending approval of the resolution. Agenda Item #3F: Minnesota Ministorage is nearing completion of its facility on Highway 7 and Vine Hill Road. They have asked for a temporary sign permit announcing "Now Open". The sign permit is consistent with the Zoning Code and the Planning Department recommends approval, which requires a simple majority vote of the City Council. n f . PRINTED ON RECYCLED PAPER ... .' . Executive Summary - City Council Agenda September 28, 1998 Page 2 of 3 Agenda Item #3G: Two meetings ago the Council approved a simple subdivision for Tom and Karen Londo, creating two lots on Murray Street and Murray Hill Court. This resolution formally approves that subdivision. Approval requires a simple majority vote by the Council. Agenda Item #5: Ann Thies from the Lake Minnetonka Communications Commission will be present to review the LMCC budget for you. A copy of the budget is included in your packet. Agenda Item #6: Duane Laurila called to ensure he was placed on the City Council agenda. We will report on the options that are available and what has been discussed. At this point we don't know if any Council action would be necessary. Agenda Item #7B: The Council should consider a statement of commitment to the trail planning process which would then be forwarded to the Park Commission for their adoption. . Agenda Item #8A: Keith Waters has satisfied the requirements imposed as part of the preliminary plat approval for Christmas Shore, a single-family residential development containing 6 (5 new) lots on the north end of Christmas Lake. Staff recommends approval of the final plat, subject to the developer entering into a standard development agreement with the City. Adoption of the resolution requires a simple majority vote of the Council. Agenda Item #8B: The Planning Commission has recommended approval of a conditional use permit for a speciaI home occupation for Jeffrey Hatcher at 5935 Galpin Lane. He proposes to use an existing carriage house on the property for a writing studio. Conditions of the approval are that there would be no outside employees and the permit would extinguish upon Mr. Hatcher's discontinuance of the business. Approval requires a four fifths vote by the Council. Agenda Item #8C: This ordinance amends the Zoning Code to eliminate the need for a .' permit for home occupations classified as Limited. Special home occupations, where one outside employee or use of an accessory building is involved, would still be subject to the conditional use permit process. Approval of this ordinance requires a four fifths vote of the Council. Agenda Item #8D: Judith Gleason has submitted a final plat for the Mary Lake Addition, a three-lot plat, located at Minnetonka Drive and Yellowstone Trail. The development agreement attached to the resolution contains the conditions previously imposed as part of the preliminary plat approval. Council approval of this resolution requires a simple majority vote. Agenda Item #9: Following the last meeting I contacted Hennepin County Parks who indicated they were behind this year. Their letter and application material which was received September 16 says that application material must be submitted to them by October 15. The Council should consider a motion directing us to submit the uses as listed in the winter use permit in the packet or direct us to make appropriate changes. .. .. Executive Summary for Council Meeting September 28, 1998 Page 3 of 3 Executive Summary - City Council Agenda September 28, 1998 Page 3 of 3 Agenda Item # 1 0: This resolution approves plans for Trunk Highway 7 construction from Bayview Drive within the City of Victoria to Trunk Highway 41 in Shorewood. MN/DOT is asking for approval of the pI an set. Excerpts have been included in the staff report, with a full size layout available for review at City Hall. Staff is recommending approval of the resolution. Agenda Item # 11: This is an amendment to the Fee Schedule for obtaining aerial topography. The prime user of the data is obtained by developers. Staff is recommending approval of the ordinance amendment. Following the regular meeting, should the Council determine there is enough time to give appropriate consideration to the topic, the Council will meet in work session to discuss the offer to sell land to the City at 25720 Highway 7. . . CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDA Y, SEPTEMBER 14, 1998 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES CONVENE CITY COUNCIL MEETING DRAFT 1. Mayor Dahlberg called the meeting to order at 7:00 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. B. Review Agenda . Mayor Dahlberg read the Agenda for September 14, 1998. The agenda was accepted as presented. 2. APPROVAL OF MINUTES A. City Council Work Session Minutes - August 17, 1998 Garfunkel moved, O'Neill seconded approving the City Council Work Session Meeting Minutes of August 17, 1998, as amended on Page 2, Item No.4, Paragraph 7, Sentence 1, change "questioned" to "asked." Page 3, Paragraph 3, Sentence 1, change to read, "Mayor Dahlberg expressed concern there is not a clear line of authority during an emergency of public safety resources." Paragraph 5, Sentence 1, change to read, ". . . it is a chain of command situation, and the authority. .." Motion passed 3/0. (Councilmembers Stover and Champa abstained.) . B . City Council Regular Meeting Minutes - August 24, 1998 Stover moved, Garfunkel seconded approving the City Council Regular Meeting Minutes for August 24, 1998, as amended on Page 8, Paragraph 2, Sentence 2, change to read, "Copies of the proposal and the proposed resolution . .." Page 10, change "Bud Cort" to "Bud Koch". Motion passed 5/0. C. City Council Executive Session Meeting Minutes - August 24, 1998 Champa moved, Garfunkel seconded approving the City Council Work Session Meeting Minutes for August 24, 1998, as amended on Page 1, Item No.2, Paragraph 3, change to read, ". . . to find the General Fund is not where staff wants it to be." Motion passed 5/0. 3. CONSENT AGENDA Stover moved, Garfunkel seconded approving the Motions contained on the Consent Agenda and Adopting the Resolutions therein: A. A Motion Adopting RESOLUTION NO. 98-083, itA Resolution of Merit" , ,.-, 1'1 -I-r- ,- ; . . I ;-r c J--.---,<./ ' --r- ' .----"" CITY COUNCIL REGULAR MEETING MINUTES SEPTEMBER 14, 1998 - PAGE 2 B. A Motion to Establish Fall Yard Waste Day as Saturday, October 24, 1998 C . A Motion to Approve a Sign Permit Applicant: Waterford Homeowner's Association D. A Motion Adopting RESOLUTION NO. 98-084, itA Resolution Approving Budget Transfers Motion passed 5/0. 4. MA TTERS FROM THE FLOOR Dwayne Laurila and Renee Foster, 5595 Eureka Road, were present to address the Council. Mr. Laurila explained the property to the north of his home is scheduled to be burned as a part of a training exercise by the Fire Department. He noted the Fire Department intends to complete the training with a final fire scheduled for Saturday. Mr. Laurila expressed concern relative to the impact this will have on the trees and vegetation which currently exist at the property line. . Mr. Laurila noted the fire will be 150 feet or less from the barn in which Ms. Foster's horses reside. A veterinarian has advised the horses be removed from the property during the bum exercises given the impact these bums could have on them. It was noted the'crackling sound and smell of smoke could cause them to bolt. Mr. Laurila noted he is unable to remove the horses from the property since he does not own a horse trailer and he would not be allowed to move them by using the trail. He informed the Council the surrounding neighbors have not been notified of the proposed bums. Mr. Laurila determined through discussions with the Fire Marshal and City Staff that each was of the understanding the other would be noticing the residents. Gary Ringate, Excelsior Fire Chief, was also in attendance and reported the initial bum has been tentatively scheduled for one week from Thursday and, the surrounding neighbors have had approximately two and one half weeks notice of this event. Chief Ringate explained the PCA and . DNR have been notified and a tentative schedule has been established until such time as all necessary permits have been obtained. In response to the concerns of Mr. Laurila and Ms. Foster, Chief Ringate reported if a horse trailer could be obtained, the former Fire Chief of the Chanhassen Fire Department has offered the use of some acreage he owns in Victoria and would be happy to board the horses. Administrator Hurm felt the City would be able to secure a horse trailer for the move. Mr. Laurila and Ms. Foster were opposed to this idea given the age of the horses and their unfamiliarity with a horse trailer. Ms. Foster felt this to be a financial issue noted it is less expensive for the Hermans to burn the structure than to have it demolished. Chief Ringate noted the Fire Department will gain invaluable training from the burning of the structure. Ms. Foster expressed concern relative to the time she will need to take off from work to deal with this situation as well as the possible affects a move could have on the horses. Mayor Dahlberg stated he would like to determine whether there is an acceptable location to which the horses could be walked. He suggested staff meet with the Mr. Laurila and Ms. Foster to determine whether there is an acceptable location available. . . CITY COUNCIL REGULAR MEETING MINUTES SEPTEMBER 14, 1998 - PAGE 3 Chief Ringate explained the tentative schedule to include two consecutive Thursdays from approximately 6:00 p.m. to 10:00 p.m. with a final burn on Saturday which will begin at approximately 7:00 a.m. and conclude at noon. He further explained the Thursday burns will be contained within the structure and will consist largely of smoke. Ms. Herman was in attendance and explained in order to allow the structure to be burned, the Hermans were required to incur costs relative to asbestos inspection, an asbestos abatement, and a well abandonment. Councilmember Garfunkel suggested the Fire Department work closely with the Mr. Laurila and Ms. Foster and the Hermans to resolve this issue. . Councilmember Champa did not feel the final burn date should be changed given the number of arrangements which have been made for that Saturday burn, however, he felt the Thursday evening training sessions could be changed. Ms. Foster pointed out the horses would need to be in an appropriate area which meets the necessary requirements for boarding horses. Councilmember Stover suggested perhaps there would be a horse owner in Shorewood who would be willing to board the horses. Mayor Dahlberg felt there to be various options which may be acceptable to ensure the horses are properly cared for. He stated he would assume Chief Ringate will postpone the burn if a resolution has not been reached. Steve Frazier, 6125 Seamans Drive, provided the Council with some history relative to the purchase of the property which is now Freeman Park. He noted that despite many criticisms, it was a good opportunity to obtain park land for the City. Mr. Frazier stated he would like to see the Wagner property become a part of the City's park land and urged the Council to move forward on the purchase of this property if at all possible. Chris Lizee, 27055 Smithtown Road, questioned whether the City has submitted an application to the County for a Trail Permit and, if so, which uses have been applied for. She noted the deadline for the application to be September 15, 1998. Administrator Hurm stated notice of application has not yet been received from the County, therefore, an application has not been submitted. He noted the permit is generally issued October 15th of each year. Hurm explained the application is submitted by Staff and then placed on the Council agenda for approval. At that time, the Council may change the use which has been applied for as they deem appropriate. 5. DISCUSSION WITH REPRESENTATIVE OF THE LAKE MINNETONKA COMMUNICATIONS COMMISSION REGARDING CABLE FRANCHISE AGREEMENT Tim Patrin and Colleen Frisco, Representatives of the Lake Minnetonka Communications Commission, were in attendance. Mr. Patrin explained in detail the proposed Cable Franchise Agreement as well as the Commission's plans which are anticipated for the future. CITY COUNCIL REGULAR MEETING MINUTES SEPTEMBER 14, 1998 - PAGE 4 Mr. Patrin asked the Council to consider the Franchise Agreement and pointed out it is possible for Triax to sell their cable system to another cable operator and any subsequent operator would be bound by the Franchise Agreement. Mr. Patrin acknowledged the customer service of Triax to be poor and a number of problems have been encountered in which work was not been fully completed. He explained the LMCC was forced to draw on their Letter of Credit to resolve these issues of noncompliance. Despite these issues, Mr. Patrin pointed out there are a number of community benefits from the Franchise Agreement and he asked the Council to urge its representative to vote in favor of the agreement. It was noted Councilmember Garfunkel represents the City of Shorewood on this Commission. Councilmember Stover stated she appreciates the fact Mr. Patrin acknowledges the service of Triax is extremely poor. It was noted problems should be reported directly to the Lake Minnetonka Communications Commission. 6 . PARKS - Report by Representative Report on September 8, 1998 Park Commission Meeting . Commissioner Colopoulos reported on the matters considered and the actions taken at the September 8, 1998, meeting of the Park Commission (as detailed in the minutes of that meeting). With respect to the issue of the permit for the regional trail, Hurm stated although a permit application has not yet been received from Hennepin County, the Council could make a motion directing staff to submit an application consistent with the application which was made in the prior year. Attorney Dean stated the various uses contained in the previous year's application would be included, however, the Council should, at its next meeting, determine whether to change or reduce those proposed uses and notify the County of any changes which are made. Ms. Lizee questioned whether it would be proper for this matter to be considered since it was not a part of the noticed agenda for this meeting. Attorney Dean pointed out if the City is to submit an . application, this needs to be done and what is proper is what is important for the City to do in order to submit an application in a timely fashion. Councilmember Stover stated she would prefer snowmobiling be removed from the list of permitted activities. Champa moved, O'Neill seconded authorizing staff to submit an application to Hennepin County consistent with the application which was submitted for the 1997-98 season. Stover moved amending the motion to remove the words "and snowmobiling" from the permit application. Amendment failed 1/4. (Mayor Dahlberg; Councilmembers Champa, Garfunkel and O'Neill were the dissenting votes.) Vote on Motion: 411. (Councilmember Stover was the dissenting vote.) CITY COUNCIL REGULAR MEETING MINUTES SEPTEMBER 14, 1998 - PAGE 5 7. PLANNING - Report by Representative Planning Commission Chair Borkon reported on the matters considered and the actions taken by the Planning Commission at their September 1, 1998, meeting (as detailed in the minutes of that meeting). A. A Motion to Adopt a Resolution Approving a Final Plat - Waters Edge Fifth Addition Applicant: Bill Blegen Location: Manor Road/Vine Street Planning Director Nielsen suggested withholding release of the resolution until all of the conditions have been met. Stover moved, O'Neill seconded adopting RESOLUTION NO. 98-085, "A Resolution Approving a Final Plat - Waters Edge Fifth Addition for Bill Blegen, Manor Road/Vine Street, subject to the Planner's Recommendations." Motion passed 5/0. . B. A Motion to Adopt a Resolution Establishing a Policy on Notification of Adult Use Establishments Council member O'Neill questioned the difference between a policy and an ordinance in this matter. Attorney Dean stated there is more flexibility in utilizing a policy and it would be easier to modify. Councilmember O'Neill inquired whether there is a possibility the City would be forced to allow a facility which could normally have been denied without this policy because it was not consistent with the ordinance. Attorney Dean stated the City cannot abdicate its decision making responsibility for the desire of any group of residents, however, there is a requirement residents be notified and given an opportunity to give input. He did not feel this situation to be any different except there would not be a notification requirement of this sort for normal business licenses. . Attorney Dean further stated that as long as the City Council makes its decision based upon requirements and standards which are contained in the ordinance, he did not feel it would harm the City to have provided the public with the type of notification contained in the policy. Mayor Dahlberg expressed his opinion there is always an official record as well as findings of fact which describe how the Council has applied the law in a particular situation despite any hearings which may have been held. He stated he would favor this notification policy based on his belief notification and public hearings are two separate issues. Councilmember Stover felt a policy would be sufficient and did not feel a resolution to be necessary. Councilmember Garfunkel noted his agreement. Mayor Dahlberg recessed the meeting at 9:00 p.m. and reconvened at 9: 10 p.m. Councilmember Garfunkel felt rather than adopting an ordinance, it would be sufficient that a policy directive be given to staff to notify adjoining residents than an application for an adult use establishment is being considered. Councilmember Champa felt this to be the same as adopting the policy contained in the resolution. CITY COUNCIL REGULAR MEETING MINUTES SEPTEMBER 14, 1998 - PAGE 6 Councilmember O'Neill stated he is not opposed to letting people know an application has been made, however, he would not want to create a situation in which the City would have to approve such a facility because a higher level is being required for adult use establishments. In addition, he would not want any type of legal action to result because of this notification process. Garfunkel moved, Stover seconded notification of the public of the pendency 0 f matters serves a public purpose and staff should make sure the public is apprised of the pendency of applications under this section. Motion passed 5/0. C . A Motion to Adopt an Ordinance Establishing a Fee for Adult Use Establishment Applications O'Neill moved, Stover seconded adopting ORDINANCE NO. 340, "An Ordinance Establishing a Fee for Adult Use Establishment Applications." Motion passed 5/0. 8. CONSIDERA TION OF A MOTION AUTHORIZING THE MAYOR AND CITY ADMINISTRATOR TO ENTER INTO AN AGREEMENT FOR THE INTENDED USE OF PUBLIC RIGHT-OF-WAY . Engineer Brown requested Council receive the presentation of this matter and then table further consideration of it until the next regular meeting of the Council since there are some minor issues remaining to be resolved. George Breckenridge and Kyle Heltemes, KMC Telecommunications, were in attendance and presented the Council with their request to hang fiber optic cable along Galpin Lake Road, Trunk Highway 7, Excelsior Boulevard and up to Vine Hill roadway for the purposes of telecommunications and data transmission. Brown pointed out the fiber optic cable would be installed on the existing overhead utility lines. Mr. Breckenridge explained he is requesting an encroachment agreement with the City. He noted he has obtained authorization from all of the necessary cities with the exception of Shorewood. He further explained he would like to have the work completed prior to the winter season. Mayor Dahlberg inquired whether there will be any overlapping. Mr. Breckenridge stated there will be absolutely no overlapping. KMC Telecommunications has no intention of becoming a . cable provider or an internet service provider. His company will offer only telephone services to the business community. Mayor Dahlberg inquired whether someone conducting a home business could utilize this service and whether it would be affordable. Mr. Breckenridge stated this service would be appropriate for a home business and it is very affordable. Councilmember O'Neill questioned whether there is any down side to allowing the lines. Brown explained the only down side would be an aesthetic objection of an additional wire located with the overhead utilities. In addition, there will be a small reel which reduces some of the slack in the cable. Mayor Dahlberg asked what would happen in the event a highway is reconstructed and a decision made to underground all utilities. Mr. Breckenridge stated this is acceptable and understands his company would share in the cost with the other utilities to underground the lines with no cost to the City. CITY COUNCIL REGULAR MEETING MINUTES SEPTEMBER 14, 1998 - PAGE 7 Dahlberg moved, Stover seconded tabling consideration of a motion authorizing the Mayor and City Administrator to enter into an agreement for the intended use of public right-of-way with a consensus on the part of the Council to establish an agreement. Motion passed 5/0. 9. CONSIDERA TION OF A REQUEST TO AMEND TRANSIENT MERCHANT ORDINANCE Mayor Dahlberg explained the request of Our Savior Lutheran Church to sell Christmas trees in their parking lot. He inquired whether it would be appropriate to recuse himself from consideration of this matter given the fact his son attends this school. Attorney Dean stated this would not be necessary. Councilmember Champa questioned whether anyone wishing to sell Christmas trees would be allowed to do so. Mayor Dahlberg stated this would be considered on a case by case basis. . Nielsen explained this action expands the current ordinance to include the sale of Christmas trees on church property as well as the definition of the classification of garage sales. Councilmember Champa stated he would not be opposed to the church selling Christmas trees, however, he would not want to preclude anyone else from selling trees as well. Councilmember Stover pointed out that other organizations, such as youth organizations, set up tree sales in commercial parking lots. Nielsen explained in a commercial area, the display and sale of any merchandise requires a Conditional Use Permit. He explained no sales would be permitted other than door-to-door or garage sales in residential areas. Stover moved, Champa seconded adopting ORDINANCE NO. 341, "An Ordinance Amending the Transient Merchant Ordinance." Motion passed 5/0. 10. CONSIDERA TION OF A MOTION TO ADOPTING THE SHOREWOOD EMERGENCY PREPAREDNESS HANDBOOK . O'Neill moved, Garfunkel seconded adopting the Shorewood Emergency Preparedness Handbook. Motion passed 5/0. 11. CONSIDERA TION OF A MOTION TO ADOPT A RESOLUTION APPROVING THE 1999 PRELIMINARY BUDGET AND PROPOSED 1998 PROPERTY TAX LEVY Stover moved, Garfunkel seconded adopting RESOLUTION NO. 98-086, "A Resolution Approving the 1999 Preliminary Budget and Proposed 1998 Property Tax Levy." Motion passed 5/0. 12. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION ESTABLISHING A DATE AND TIME FOR THE TRUTH IN TAXATION PUBLIC HEARING Dahlberg moved, O'Neill seconded adopting RESOLUTION NO. 98-087, "A Resolution Establishing December 7, 1998, at 7:30 p.m. for the Truth in Taxation Public Hearing with a continuation date of December 14, 1998, at 7:00 p.m." Motion passed 5/0. CITY COUNCIL REGULAR MEETING MINUTES SEPTEMBER 14, 1998 - PAGE 8 13. ADMINISTRATOR AND STAFF REPORTS A. Staff Report on Development Monitoring Nielsen reported the Gideon Woods Storm Sewer project has now been completed and the contractor has done a good job, particularly in staying away from the tree line which was to be preserved despite the close proximity to County Road 19. Brown noted his agreement with Nielsen and reported there is some minor clean up which remains to be completed. With respect to the Mary Lake Woods development, Brown reported trees were cut without tree protection fencing and the development was then shut down for approximately three days until such time as the fencing was installed and inspected. Contractors will be paving Strawberry Lane this week and cleaning up the area. Brown explained the contractor has been very attentive to vehicles and traffic in the area. Neighbors have also reported the contractors have been very polite and attentive to vehicles passing through the area. B . Status Report on Offer to Sell Land - 25720 Highway 7 . Hurm reported this issue has been to the Planning and Park Commissions as well as the Land Conservation Committee. He noted there are several issues which include the fact an appraisal needs to be obtained. The cost of an appraisal is estimated to be between $750 and $1,000. The appraisal could be completed in approximately three weeks. Hurm noted the intention would be to have an appraisal to determine the value of the property. Councilmember Stover did not feel an appraisal should be obtained at this time since a decision has not yet been made to purchase the property. She stated a determination needs to be made relative to how this property would be used if it were to be purchased. Councilmember Stover felt this would be an unnecessary expenditure of funds if it is not the intent of the City to purchase the property. Mayor Dahlberg felt it would be important to obtain an appraisal. Councilmember Champa did not feel an appraisal would determine at this point whether or not to go forward on this matter. Mayor Dahlberg pointed out if an appraisal came back indicating the asking price is excessively high, it would then be clear the City has no interest in pursuing this matter. He felt the appraisal . could have a dramatic impact on whether or not the Council has any interest in purchasing this property. Councilmember Garfunkel noted his agreement with Councilmember Stover. Councilmember Stover stated she would like to obtain public input prior to spending any tax dollars on this matter. She did not feel an appraisal would differ significantly from the asking price for the property. Councilmember Stover pointed out the property owners have had an offer on the property and they would also have knowledge relative to the assessed value of the property. Council member O'Neill expressed his agreement with Councilmember Stover in not obtaining an appraisal at this time. In addition, he felt it to be too soon to hold a public hearing. Councilmember O'Neill felt options should be discussed and explored prior to this matter being presented to the public. Councilmember O'Neill also stated prior to considering this matter, he would like a commitment that the property will be available for sale given the existing involvement of Eagle Crest Development. CITY COUNCIL REGULAR MEETING MINUTES SEPTEMBER 14, 1998 - PAGE 9 Hurm inquired whether the Council would be interested in holding a public information meeting in October so it could be noticed in the October newsletter. A work session was scheduled for September 28, 1998, with an alternate date of October 12, 1998. A public information meeting will be scheduled for October 19, 1998, during the regular City Council meeting. C. Request from Carmel Rehnelt for a Group to Proceed Down Smithtown Road to the Regional Trail on October 3 Hurm explained a permit is not required for a group of people to walk down Smithtown Road to the Regional Trail, however, the Police Department will have officers present in the area. 14. MA YOR & CITY COUNCIL REPORTS . Report on August 24, 1998 Work Session 1998 Preliminary Budget Mayor Dahlberg reported on the August 24, 1998, Council Work Session relative to the Preliminary Budget (as detailed in the minutes of that meeting). Councilmember Champa requested information regarding campaign signs, size and where they may be located relative to right-of-way as well as a clarification of what is considered to be right- of-way. Brown provided copies of the ordinance relating to campaign signs to the Council. Brown reviewed the ordinance and explained all candidates will receive a letter regarding the restrictions relative to the placement of signs. Mayor Dahlberg requested the candidates be informed MNDOT will remove any signs located along Highway 7. Brown will investigate whether the signs are recoverable. Councilmember O'Neill reported he attended the Deephaven City Council meeting with the City of Excelsior regarding the Fire Department, however, this issue has not yet been resolved. . Mayor Dahlberg reported Mayor Finch was appointed to work on the employment contract for Bryan Litsey who will replace Police Chief Young upon his retirement. CITY COUNCIL REGULAR MEETING MINUTES SEPTEMBER 14, 1998 - PAGE 10 15. ADJOURNMENT O'Neill moved, Garfunkel seconded adjourning the regular meeting to a Work Session at 10:33 p.m. subject to the approval of claims. Motion passed 5/0. RESPECTFULL Y SUBMITTED, Cheryl Wallat, Recording Secretary TimeSaver Off Site Secretarial, Inc. ATTEST: TOM DAHLBERG, MAYOR JAMES C. HURM, CITY ADMINISTRATOR . . CITY OF SHOREWOOD CITY COUNCIL WORK SESSION MEETING MONDA Y, SEPTEMBER 14, 1998 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD IMMEDIA TEL Y FOLLOWING REGULAR MEETING MINUTES CONVENE CITY COUNCIL WORK SESSION DRAfT 1. Mayor Dahlberg called the meeting to order at 10:45 p.m. A. Roll Call Present: Mayor Dahlberg; Councilmembers Stover, O'Neill, Garfunkel and Champa; Administrator Hurm; City Engineer Larry Brown . B . Review Agenda Mayor Dahlberg reviewed the Agenda for September 14, 1998. The agenda was approved as submitted. 2. INITIATION OF 1999-2003 CAPITAL IMPROVEMENT PROGRAM Engineer Brown reviewed the 1999-2003 Capital Improvement Program in detail. Administrator Hurm suggested the Council may want to make an adjustment increasing the Trail Fund in yearly amounts of $15,000, $15,000, $15,000, $10,000, and $5,000 respectively. He pointed out in a good fiscal year, dollars would be deposited into this fund. Hurm noted this to be the Public Facilities Fund. Mayor Dahlberg expressed concern with any fund which would not have an established limit. Mayor Dahlberg suggested a line item designated "contingencies". He expressed concern there not be funds which are not regulated by a budget and Hurm noted this is notthe case. . Councilmember Stover stated she would favor increasing the Trail Fund as noted by Hurm. With respect to equipment, Mayor Dahlberg inquired how many items are duplicated with Excelsior. Brown explained with such items as a sweeper, there is a high demand for its use during the same period of time. He noted on occasion, however, there are items of equipment which are borrowed back and forth. Mayor Dahlberg suggested each councilmember review the material and return to staff with any questions or concerns. ..,-;1 ..H-::- I .1' ~- ,...7'-"~ CITY COUNCIL WORK SESSION MEETING MINUTES SEPTEMBER 14, 1998 - PAGE 2 3. ADJOURNMENT Dahlberg moved, Champa seconded adjourning the work session at 11:15 p.m. Motion passed 4/0. RESPECTFULL Y SUBMITTED, Cheryl Wallat, Recording Secretary TimeSaver Off Site Secretarial, Inc. ATTEST: TOM DAHLBERG, MAYOR JAMES C. HURM, CITY ADMINISTRATOR . . 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 James Hurm, City Administrator !Y FROM: Larry Brown, Director of Public Works . DATE: September 24, 1998 RE: Consideration of a Motion to Reject All Bids and Authorize Re-advertisement for Bids - TH 7 Emergency Vehicle Preemption Devices On August 24th, the City Council approved plans and specifications for the installation of Emergency Vehicle Preemption Devices (EVP) for the intersections of County Road 19 and Old Market Road with Trunk Highway 7 (TH 7), and authorized advertisement for bids. The resolution scheduled the bid opening to occur at 10:00 a.m. Wednesday, September 23rd 1998. . The advertisement of bids was posted in the Sun-Sailor, the Construction Bulletin, and the Market Data Report. Due to a publishing error, the time of the bid opening was stated incorrectly at 11 :00 a.m. in the Market Data Report. The other publications stated that the correct bid opening time of 10:00 a.m.. Although the Sun Sailor is the official newspaper of the City and did post the time correctly, several of the bidders obtained their information from the Market Data Report. Based on that publication they submitted their bid just prior to 11:00 a.m.. Only one bid was received prior to the official deadline of 10:00 a.m.. Due to the confusion of the official deadline, it is necessary to reject all bids and re-advertise bids for the project. The attached resolution officially rejects all bids and re-authorizes advertisement for bids for the for the installation of emergency vehicle preemption devices at the intersections of County Road 19 and Old Market Road, with State Trunk Highway 7. The bid opening is to occur at 10:00 am, Wednesday October 21, 1998. ,~ ,. ~ PRINTED ON RECYCLED PAP!::R .... -".~"l ;-.-: . CITY OF SHOREWOOD RESOLUTION NO. 98 - A RESOLUTION REJECTING ALL BIDS AND AUTHORIZlNG RE-ADVERTISEMENT FOR BIDS FOR EMERGENCY VEHICLE PREEMPTION DEVICES FOR THE lNTERSECTIONS OF COUNTY ROAD 19 AND OLD MARKET ROAD WITH TRUNK IDGHW AY 7, CITY PROJECT 98-02 WHEREAS, On August 24th, 1998 the Shorewood City Council approved Resolution 98-82 which approved plans, specifications, and engineers estimate for the installation of Emergency Vehicle Preemption Devices for the intersections of County Road 19 and Old Market Road with State Trunk Highway 7, and authorized advertisement for bids, and; WHEREAS, Said advertisement for bids was published in the Sun Sailor, the Construction Bulletin, and the Market Data Report, and listed the bid opening date and time, and; WHEREAS, It has been determined by City Staff that conflicting information was published regarding the official time of said bid opening; and; . WHEREAS, Due to the discrepancy in publication of the bid opening time, all bids were received, however remained sealed; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shore wood as follows: 1. That all bids are hereby rejected and are to remain sealed, and the Director of Public Works is hereby directed to return all bids submitted to each bidder. 2. The City Clerk shall prepare and cause to be inserted in the official newspaper and the Construction Bulletin and advertisement for bids upon the making of such improvement under such . approved plans and specifications. The advertisement shall be published for 2 weeks, shall specify the work to be completed, shall state that bids will be opened at 10:00 a.m. on October 21, 1998, in the City Hall Council Chambers, and that no bid will be considered unless sealed and filed with the Clerk and accompanied by a cashier's check, bid bon~, or certified check payable to the City of Shorewood in the amount offive percent (5%) ofth.e total bid provided. ADOPTED BY THE CITY COUNcn.. OF THE CITY OF SHOREWOOD this 28th day of September, 1998. T om Dahlberg, Mayor ATTEST: James C. Hurm, City Administrator/Clerk 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 DATE: Mayor and City Council James Hurm, City Administrator lhJ!/ Larry Brown, Director of Public Works W September 24, 1998 TO: . FROM: RE: Consideration of a Motion to Authorize the Mayor and City Administrator to Enter Into an Agreement for the Use of Public Right of Way Attached is the agreement for KMC Telecom IT, Inc. (KMC) to utilize the public right of way for the installation of fiber optic facilities. Currently, KMC has submitted plans for the installation of an overhead fiber optic line on existing poles from the City of Chanhassen along Galpin Lake Road, State Trunk Highway 7, Excelsior Boulevard, and Vine Hill Road to the City of Deep haven. . As a brief summary, highlights of the agreement are as follows: . The agreement is for the term of 5 years, and will renew automatically unless written objection by either party is provided. . KMC agrees to underground the utility along any roadway where it is being reconstructed, or if the other utilities are being asked to underground their utilities, at no cost to the City. . The City has the ability to deny permits based on insufficient room within the right of way if a public need of higher priority is identified and would conflict with the installation of such facilities. Staff is recommending approval of the attached resolution which authorizes the Mayor and City Administrator to enter into an agreement contingent upon review and approval of the agreement by the City Attorney. t*". PRINTED ON RECYCLED PAPER ... 3b. CITY OF SHOREWOOD RESOLUTION NO. 98- A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT FOR USE OF THE PUBLIC RIGHT OF WAY BY KMC TELECOM II, INC. WHEREAS, KMC Telecom II, Inc. (KMC) is a private utility company located in the State of Delaware and is licensed to do business within the State of Minnesota, for providing telecommunications services; and WHEREAS, KMC has requested from the City Council of the City of Shorewood use of the public right of ways for the installation of fiber optic facilities; and WHEREAS, Other utility companies have located their utilities within the public . right of ways under the jurisdiction of the City of Shorewood; NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Shorewood, Minnesota: That the Mayor and City Administrator are authorized to enter into an agreement with KMC Telecom II, Inc. for installation and maintenance by KMC of fiber optic facilities within public right of way, contingent upon the City Attorney approving the final form of agreement attached hereto as "Exhibit A." ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD . this 28th day of September, 1998. ATTEST: TOM DAHLBERG, MAYOR JAMES C. HURM, CITY ADMINISTRATOR ENCROACHMlliNTAGREEMENT THIS AGREEMENT is made as of the day of ,1998, by and between the City of Shorewood, a Minnesota municipal corporation ("City") and KMC Telecom II, Inc. a corporation authorized to do business within the State of Minnesota, and having its principal office at 1545 Rt. #206, Suite #300, Bedminster, New Jersey 07921-2567 ("KMC"). RECITALS . WHEREAS, KMC is a corporation duly organized, and existing under the laws of the State of Delaware and is requesting approval to use the City public rights-of-way to provide telecommunications services ("Telecommunications Services"); WHEREAS, KMC has voluntarily chosen to enter into this Encroachment Agreement with the City and comply with the provisions contained herein with full knowledge of Laws of Minnesota 1997, Chapter 123; and . WHEREAS, the City has authority to grant encroachment to its rights-of-way only as expressly specified in applicable law, however, the City makes no representation, guaranty, or warranty with respect to its title or interest in said rights-of-way. NOW, THEREFORE, IN CONSIDERATION OF THE RECITALS AND THE MUTUAL CONSIDERATION CONTAINED HEREIN, THE CITY AND KMC AGREE AS FOLLOWS: Exhibit A DEFINITIONS City means the City of Shorewood, located within the County of Hennepin, Minnesota. Devices means Fiber Optic Network Facility or Facilities, fiber optic cables, conduits, converters, splice boxes, cabinets, handholes, manholes, vaults, equipment, drains, surface location markers, appurtenances and related facilities located by KMC or to be located by KMC in the Public Rights-of-Way of the City and used or useful for the transmission of Telecommunications Services. Devices shall not include any buildings or poles. Law means any local, state, or federal statute, ordinance, rule, regulation, code, license, certificate, franchise, permit, writ, ruling, award, executive order, directive, requirement, injunction, judgment, decree, or other order issued, executed, entered, or deemed applicable by any governmental authority. . Public Right-of-Way means the area on, below, or above a public roadway, highway, street, cartway, bicycle lane, and public sidewalk in which the City has interest, including other dedicated rights-of-way for travel purposes of the City. A public right-of-way does not include the airwaves above a public rights-of-way with regard to cellular or other non-wire telecommunications or broadcast service, nor does it include land owned by the City for other public purposes, or utility easements. . CONSTRUCTION, MAINTENANCE AND OPERATION OF THE SYSTEM 1. LICENSE AND ENCROACHMENT AUTHORIZATION. Subject to the provisions of this Agreement and all applicable Law, the City hereby authorizes the non-exclusive encroachment by KMC to construct, install, maintain, locate, move, operate, place, protect, reconstruct, reinstall, relocate, remove, and replace the Devices over and along the Public Rights-of-Way for the purpose of providing Telecommunications Services. Said encroachment authorization is not assignable without the express writ permission of the City, which permission shall not be unreasonably withheld. . This Agreement shall not be sold, transferred, leased, assigned, or disposed of, including but not limited to, by force or voluntary sale, merger, voluntary or involuntary bankruptcy, consolidation, receivership, or other means without the prior written consent of the City, which consent shall not be unreasonably withheld. Notwithstanding any other provision in this Agreement, no consent from the City shall be required for a transfer in trust, mortgage, collateral assignment, or other instrument of hypothecation, in whole or in part, to secure an indebtedness or for a pro forma transfer to a corporation, partnership, or other entity controlling, controlled by, or under common control with KMC. 2. TERM. The term of said encroachment authorization shall be for an initial period of five (5) years commencing on the date of the signing of this Agreement. The parties agree that the encroachment authority shall automatically renew for additional five (5) year periods, unless either party giv"es a minimum of ninety (90) days advance written notice to the other of intent to terminate prior to the end of said five (5) year period. NO INTERFERENCE. Except as permitted by applicable Law and this Agreement, in the performance and exercise of its rights and obligations under this Agreement, KMC shall not . interfere in any manner with the existence and operation of any and all private and Public Right- of Ways, sanitary sewers, watermains, storm drains, gas mains, poles, overhead and underground electric and telephone wires, electollers, cable television wires, and other telecommunications, utility, municipal and other public property without the approval of the owner(s) of the affected property or properties. Except where engineering or telecommunication factors dictate otherwise, KMC shall co-locate its facilities and Devices with other users of the Public Rights-of-Way. The City may condition approval of any permit upon the production of studies or other evidence which indicates to the City's satisfaction that all reasonable efforts have been made to co-locate facilities or Devices. 4. NO PROPERTY INTEREST. This Agreement is not a grant by the City of any fee simple property interest and is made subject and subordinate to the prior and continuing right of the City to use the Public Right-of-Ways as a street and any other public use and for the purpose oflaying, installing, maintaining, repainting, protecting, replacing, and removing sanitary sewers, watermains, storm drains, gas mains, poles, and for other municipal uses and with right of ingress and egress, along, over, across, and in said Public Rights- of-Way. 5. APPLICATION FOR PERMITS. KMC shall apply to the City Engineer for a permit for all work and each job within the Public Rights-of-Way. KMC shall furnish detailed plans of the work and other such information as required by the City and by Law, and shall pay all review, processing, field marking, engineering, inspection, security, and any other fees prior to issuance of required permits in accordance with the rates in effect at the time of payment subject to Section l5 hereof. KMC shall also indicate in its application the existence and location of other facilities in the Public Rights-of-Way, and the extent of its efforts to co-locate its Devices on or with existing users of the Public Rights-of-Way. Permit applications shall be submitted as scaled drawings indicating the location of public streets, sidewalks, and facilities that are to be disrupted, impacted or adjacent to the installation. Permit applications shall also include an adequate description as to the means and methods of the installation. If KMC proposes to co- locate its Devices on or with existing uses of the Public Rights-of-Way, KMC shall in its application provide sufficient information to establish that it has the permission of the existing users to use or co-locate its facilities and Devices. 6. ISSUANCE OF PERMITS. Upon execution of this Agreement and performance of the obligations contained in the Agreement by KMC, the City will issue all permits necessary to the installation of KMC's Devices, in accordance with the City's permitting procedures as may from time-to-time be amended in accordance with applicable law. 7. MANNER OF CONSTRUCTION. The construction, installation, operation, maintenance, and removal of said Devices shall be accomplished without cost or expense to the City and in such a manner so as not to endanger persons or property, or unreasonably obstruct . . travel on any road, walk, or other access thereon within the Public Rights-of-Way. KMC shall complete installation of its Devices in a reasonably timely manner. KMC shall use reasonable efforts to avoid disturbing public streets, roads, or sidewalks that have been constructed by the City within five (5) years of application by KMC for Public Rights-of-Way permits. KMC shall also use reasonable efforts to coordinate its construction schedule with the City's schedule of public improvements. . The installation of any underground facilities under paved or concrete surfaces shall be completed by directional boring methods of construction, or other means approved by the City Engineer. Open trenching of paved surfaces or installation of facilities under any paved surface or concrete surface by pneumatic devices shall not be permitted. 8. MAPS. Within Sixty (60) days of completion of construction, KMC shall provide the City with an accurate map drawn to scale or maps certifying the location of all Devices within the Public Right of Ways as built in a format consistent with the City's electronic mapping system. 9. CONDITION OF FACILITIES. KMC agrees to beep said Devices in good,and safe condition and free from any nuisance. . 10. REQUIRED AUTHORIZATION. KMC shall provide the City with sufficient information to establish that it has obtained all required government approvals and permits to construct and operate the Devices and to offer and provide Telecommunications Services including any certification or other documentation required by the Public Utilities Commission of the State of Minnesota or any other regulatory entity. LOCATION OF FACILITIES AND EQUIPMENT. The Engineer may assign specific corridors within the right of way, or particular segment thereof as may be necessary, for each type of equipment that is or, pursuant to current technology, the Engineer expects will someday be located within the right of way. All permits issued by the Engineer involving the installation or replacement of equipment shall designate the proper corridor for the equipment at issue. To protect health and safety, the Engineer shall have the power to prohibit or limit the placement of new or additional equipment within the right of way of there is insufficient space to accommodate all of the requests of registrants or persons to occupy the use of the right of way. In making such decisions, the Engineer shall strive, to the extent possible, to accommodate all existing and potential users ofthe right of way, but shall be guided by considerations ofthe public interest, the public's need for a particular utility service, the condition of the right of way, the protection of existing equipment in the right of way, and future plans for public improvements which have been determined to be in the publics interest. . 11. RELOCATION FOR CITY PURPOSES. KMC shall relocate, in cooperation with, and at no charge to the City, any Devices installed, used, and maintained under this Agreement if and when made necessary by any change of grade, alignment, or width of any Public Right-of-Ways, the construction, maintenance, or operation of any underground subway, viaduct, watermain, sanitary sewer by the City and/or the construction, maintenance, or operation of any other City underground or above-ground facilities. 12. REMOVAL AND ABANDONMENT. If any of the Devices covered under this Agreement are no longer used by KMC, or are abandoned for a period in excess of twelve; (12) . months, KMC shall notify the City and the City shall determine whether KMC shall either promptly vacate and remove the Devices at KMC's expense or abandon some or all of the Devices in place to the extent permitted by Law. 13. RESTORATION OF PUBLIC RIGHTS-OF-WAY. When removal or relocation of the Devices are required under this Agreement, KMC shall, after the removal or relocation of the Devices, at its own cost, repair and return the Public Rights-of-Way on which the Devices were located to the same or better condition exuding before such removal or relocation. The work must be completed as promptly as the weather permits. If KMC does not properly perform and maintenance or operation of it's equipment, or any activity undertaken in or near a right of way, whether or not the act or omission complained of is authorized, allowed, prohibited by a right of way permit. 19. INSURANCE. KMC and/or any of its subcontractors or agents under the Agreement shall maintain throughout the term of this Agreement, worker's compensation insurance and liability insurance with regard to all damages in the maximum amounts of: A. General Liability - public liability, including premises, products and complete operations. . (1) Bodily injury liability $1.000,000 each person $2,000,000 general aggregate (2) Property damage liability $1,000,000 each occurrence or (3) Bodily injury and by $2,000,000 general aggregate damage combined B. Comprehensive - Automobile Liability Insurance, including owned, non-owned, and hired vehicles. . (1) Bodily injury liability $1,000,000 each person $1,000,000 each occurrence (2) Property damage liability $1,000,000 each occurrence (3) In lieu of(1) and (2), $1,000,000 Bodily injury and property single limit damage combined Backed up by umbrella coverage in excess of $3,000,000. C. KMC agrees that with respect to the above required insurances, contracts will contain the following required provisions: ( I) The City and its officers, agents, employees, board members and elected officials shall be named as additional insured (as the interests of each may appear) as to all applicable coverage; and (2) Contracts shall provide for third (30) days notice to the City prior to cancellation, revocation, non-renewal, or material change. D. The amount and conditions of liability and comprehensive insurance may be increased upon sixty (60) days' written notice by the City should the protection afforded by this insurance be reasonably deemed by the City to be Insufficient for the risk created by this Agreement. At no time, however, will the amount of required liability and comprehensive insurance exceed that which is customarily required of others for similar situations of risk. . E. KMC shall furnish a certificate of insurance to the City confirming the above-noted coverage and naming the City as an additional insured. 20. DEFAULT. IfKMC is in default of any obligations contained in this Agreement or in the performance of the work or occupancy authorized by this Agreement or any permit granted pursuant to this Agreement, including but not limited to restoration requirements or fee payments, for more than thirty (30) days after receiving written notice from the City of the . default, the City may the rights of KMC under this Agreement and any permit granted hereunder, subject to the City's absolute right to revoke at any time in the exercise of the City's police powers. The notice of default must be in writing and specify the provisions of this Agreement or any permit under which the default is claimed and state the grounds of the claim. Any notice must be served on KMC by certified mail, return receipt requested, at its principal place of business. If KMC is in default in the performance of the work or occupancy authorized by this Agreement or any permit granted hereunder, the City may, after the above notice to KMC and failure of KMC to cure the default, take such action as may be reasonably necessary to abate the condition caused by the default. KMC must reimburse the City for the City's reasonable costs, including costs of collection and attorney's fees, incurred as a result ofKMC's default. . 21. EMERGENCY WORK. In the event of any emergency in which any ofKMC's Devices located in, above, or under any rights-of-way are damaged, or ifKMC's installation area is otherwise in such a condition as to immediately endanger the property, life, health, or safety of any individual, KMC shall immediately take the proper emergency measures to repair its Devices, to cure or remedy the dangerous conditions for the protection of property, life, health, or safety of individuals, without first applying for and obtaining a permit as required by this Agreement or a subsequent ordinance. However, this shall not relieve KMC from the requirement of notifying the City of the emergency work and obtaining any permits necessary for this purpose upon completion of the repairs. I. I 22. LAW. The terms and conditions ofthis Agreement shall be subject to any and all applicable Law and shall be governed by the laws of Minnesota. Should any term of this Agreement be determined by a court or other entity with competent jurisdiction to be unenforceable, all other terms of this Agreement shall remain in full force and effect. . IN WITNESS WHEREOF, the parties have duly executed this Agreement as of the date first above written. Dated: ,1998. CITY OF SHOREWOOD BY: Tom Dahlberg, Mayor (SEAL) AND James C. Hurm, City Administrator , . Dated: ,1998. KMC TELECOM II, INC. BY: Michael Steinberg, President/CEO STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _day of , 1998, by Tom Dahlberg and James C. Hurm, respectively the Mayor and City Administrator of the City of Shorewood, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. . NOTARY PUBLIC STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _day of , 1998, by Michael Steinberg the President/CEO ofKMC Telecom II, Inc. a corporation duly organized, and . authorized to do business in the State of Minnesota, on behalf of the corporation. . NOTARY PUBLIC ~ ~. MAYOR Robert Bean COUNCIL Kristi Slover Bruce Benson Jennifer McCarty Doug Malam CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (612) 474-3236 MEMORANDUM . TO: Mayor and City Council FROM: Brad Nielsen DATE: 22 September 1998 RE: Adult Use Regulations - Zoning Code Amendment FILE NO.: 405 (Zoning - Part 1) . At its last meeting the City Council adopted a City Code amendment which established rules and license procedures for adult use establishments. The ordinance amending the Zoning Code was inadvertently left out of the packet for that meeting. The attached amendment simply places such establishments in the C-3, General Commercial district, subject to the licensing requirements that were adopted at the last meeting. If you have any questions relative to this matter, please do not hesitate to contact me prior to the meeting. Cc: Jim Hurm John Dean :II!J 6 A Residential Communirv on Lake Minneronka's Sourh Shore r ~ . . ORDINANCE NO. AN ORDINANCE A1VlENDING CHAPTER 1201 OF THE SHOREWOOD CITY CODE RELATING TO ZONING REGULA nONS THE CITY COUNCIL OF THE CITY OF SHOREWOOD, LVlINNESOTA, ORDAINS: Section 1: Section 1201.22. Subd. 2. of the Shorewood City Code is hereby amended to add the following: "c. Adult establishments. subject to the requirements of Chapter 309 and Chapter 509 of the City Code. as may be amended." Section 2: This Ordinance shan be in full force and effect from and after its passage and publication. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MIl'I-rfflSOTA, this 28th day of September 1998. ATTEST: Tom Dahlberg. Mayor James C.Hunn. City Administrator. Clerk . . Hennepin County An Equal Opportunity Employer September 14, 1998 Mr. Jim Hurm City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Re: Hennepin County Housing Rehabilitation Deferred Payment Loan Program Dear Jim: I am enclosing a Subordination Agreement associated with a Deferred loan for John and Robert Levering. The Leverings are refinancing their home to take advantage of a lower interest rate and the new lender requires that the city's lien be subordinated to its mortgage. With the city's interest at second position on the title, sufficient equity will remain if the Leverings should trigger the CDBG lien. Please have the document executed by yourself and the Mayor and add the city seal. Then mail the original to the new mortgage company. The address is: Mr. Tom O'Donnell Money Source Mortgage 2048 Northdale Blvd NW Coon Rapids, MN 55433 I would appreciate a copy of the completed document as well. If you have any questions, please call me at 541-7092. Sincerely, f;t~~ Matt Moore Planner Enclosure Office Of Planning & Development Development Planning Unit 10709 Way:ata Boulevard, Suite 260 Minnetonka, Minnesota 55305 (612) 541-7080 FAX:(612) 541-7090 TDD/TIY:(612) 541-7981 Recycled Paper ~3D SUBORDINATION AGREEMENT This Agreement entered into this day of , 1998 by the City of Shorewood, a body corporate and politic of the State of Minnesota, having its principal office at 5755 Country Club Road, Shorewood, (hereinafter referred to as "Lender"); . agreeing as, follows: A. The undersigned is the Lender under that certain Urban Hennepin County Housing Rehabilitation Deferred Loan Program Repayment Agreement filed in the Office of the County Recorder, Hennepin County, Minnesota as Document Number 6577832 ("Repayment Agreement"). 8. Flag Star Bank has agreed to make a mortgage loan to John A. Levering and Robert H. Levering, joint tenants, which is secured by a first mortgage on the real estate (liThe Premises") described as: All that part of lot 25 of Meekers Outlots to Excelsior described as follows: Commencing at Southeast corner of said lot 25; thence West 120 feet, thence North 22 rods and 2-1/2 links, thence East 120 feet, then South to beginning, . according to the plat thereof on file and of record in the office of the Register of Deeds, in and for said County of Hennepin in the State of Minnesota. C. As a condition precedent to Flag Star Bank's disbursement of Loan proceeds, it has required that the undersigned subordinate its Repayment Agreement and interest in the Premises in all respects to the lien of Flag Star Bank's mortgage. D. Flag Star Bank is disbursing the loan proceeds in reliance upon the agreements contained in this instrument, but for which it would not disburse the loan. Now, therefore, in consideration of the sum of One and 0/100 Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Lender agrees as follows: . . ," The Repayment Agreement and the rights of Lender under the Repayment Agreement and in the Premises are hereby subjected and subordinated and shall remain in all respects and for all purposes subject, subordinate and junior to the lien of the mortgage of Flag Star Bank with John A. Levering and Robert H. Levering, joint tenants, and to the rights and interest of the holder of First Star Bank's mortgage, as fully and with the same effect as if First Star Bank's mortgage with John A Levering and Robert H. Levering, joint tenants, had been duly executed, acknowledged and recorded, and the indebtedness secured thereby had been fully disbursed, prior to the execution of the Repayment Agreement. City of Shorewood Tom Dahlberg, Mayor of the City of Shorewood James C. Hurm, Clerk-Administrator of the City of Shorewood STATE OF MINNESOTA) ) ss COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 1998 by Tom Dahlberg, Mayor of the City of Shorewood and by James C. Hurm, Clerk Administrator of the City of Shorewood, a body corporate and politic of the State of Minnesota, on behalf of the City. Notary Public This document was drafted by: Hennepin County Development Planning Unit 10709 Wayzata Boulevard, Suite 260, Minnetonka MN 55305 Phone 541-7082 , ff 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 FROM: Mayor and City Council James Hurm, City Administrator Larry Brown, Director of Public Works~ September 24, 1998 TO: . DATE: RE: Consideration of a Motion to Accept the Shady Island Bridge and Authorize Final Payment to Jay Brothers Inc. Attachment 1 is the final payment voucher for the Shady Island Bridge as compiled by OSM and Asso~iates, Inc.. The bridge has been completed and is ready for final acceptance by the City of Shorewood. Many island residents have commented that the replacement bridge has been replaced with a bridge that maintains the character of the islands. . The final total construction amount equals $285,461.94. It should be noted that this amount exceeds the contract amount by $12,212.41. A majority of the overrun is due to construction oftheboulder wing walls for the bridge. Larger boulders were brought in than originally planned to insure stability of the wall due to poor underlying foundation material. The additional amount represents a total construction overrun of 4.5 percent. Staff is recommending approval of the attached resolution which accepts the Shady Island Bridge for the City's perpetual maintenance, and authorizes final payment in the amount of $19,202.77 to Jay Brothers, Inc. n t . PRINTED ON RECYCLED PAPER .... '-'? Je & Assodates Engineers Architects Planners Surveyors . , III ---. == -: - ('~:- :. '- '-, 1 ~L lCCQ .~ - ."""'0.,,;,-/ September 9, 1998 Mr. Larry Brown, P.E. Director of Public Works City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Re: Shady Island Bridge Replacement & Appurtenant Work City Project No. 95-19 Shorewood, Minnesota OSM Project No. 96038.01 Dear Mr. Brown: . Enclosed are four (4) copies of FINAL Construction Pay Voucher No.6 for the referenced project in the amount of $19,202.77. We recommend final payment subject to receipt of the following items: 1) Satisfactory showing that the Contractor has complied with the provisions of Minnesota Statutes 290.92 requiring withholding State Income Tax and; 2) Evidence in the form of an Affidavit that all claims against the Contractor by reasons of the contract have been fully paid or satisfactorily secured. Please make payment in this amount to Jay Brothers, Inc., P.O. Box 624, Forest Lake, Minnesota 55025 at your earliest convenience. Sincerely, . ORR-SCHELEN-MA YERON AND ASSOCIATES, INC. Paul T. Hornby, P.E. Project Manager Enclosures c: Mark Jay - Jay Brothers, Inc. Jeff Michniewicz - OSM & Associates, Inc. Jim Stockhaus - OSM & Associates, Inc. PTH/med 11-'9603802\CIVIL\CORRESIVO_6CTY 612-595-! Attacllment 1 ". # v CONSTRUCTION PAY VOUCHER Estimate Voucher Number: 6 Date: OSM Project Number: 96038.02 Period Ending: August 31, 1998 August 31, 1998 Project: SHADY ISLAND BRIDGE - FINAL PAYMENT SHOREWOOD, MINNESOTA CITY OF SHOREWOOD CITY PROJ. NO. '95-19 Contractor: JAY BROTHERS, INC. P.O. BOX 624 FOREST LAKE MN 55025 Contract Date: Completion Date: July 14, 1997 August 31, 1998 Work Started: Work Completed: September 8, 1997 August 24, 1998 . Original Contract Amount Total Additions Total Deductions Total Funds Encumbered Total Work Certified to Date Less Retained Percentage Less Previous Payments Total Payments Incl This Voucher Balance Carried Forward 266,267.03 26,932.50 -19,950.00 273,249.53 0.00% 285,461.94 0.00 266,259.17 285,461.94 -12,212.41 APPROVED FOR PAYMENT, TRIS VOUCHER 19,202.77 APPROVALS . ORR-SCHELEN-MAYERON & ASSOCIATES, INC. Pursuant to our field observation, as performed in accordance with our contract, and based on our professional opinion, ma.terials are satisfactory and the work properly performed in accordance with the plans and specifications and that the total work is: 100% completed as -of August 31, 1998. We herby recommend payment of this voucher. Signed: ~._ ~~.'" ..... ~"" Signed~- ~ Construction ObserVer Project Manager/Engineer JAY BROTHERS, INC. This is.to certify that to the best of my knowledge, information, and belief, the quantities and values of work certified herein is a fair approximate estimate for the period covered by this voucher. "T'IC'\ v\ .t2 ,0 ~c:::.. . \" '^ I ~ . l\/\ \ \. C\ Contractor: ~~ ~~~~ ~l~ Signed By \'~ <1- ~- ~8 Title ~~O 1'~ Date: CITY OF SHOREWOOD ~ed By: ~~/L Date: 9k.A6 --::::> ~_pr ved f~ayment: / 'LNA. If ~ thorized Representative Date: C)-v -1B PAGE 1 v 0 U C HER o ETA I L LIS T Estimate Voucher Number: 6 Project: SHADY ISLAND BRIDGE - FINAL PAYMENT Date: AUGUST 31, 1998 OSM Project Number: 96038.02 CITY OF SHOREYOOD PROJ. NO.: CITY PROJ. NO. 95-19 for SHOREYOOD, MINNESOTA CITY OF SHOREYOOO BRIDGE AND APPROACH ROADYAY BID ITEMS Contract Contract CompLeted This Month TotaL To Date Item Spec No Description Quantity Units Unit Price TotaL Price Quant i ty TotaL Quant i ty TotaL Price -.-- ...------- ------------------------------------ --------- ---------- ----......-............... ------------- --------- ------------- ..................-- --.........--......... 1 2021.501 MOBILIZATION 1 LUMP SUM 10,000.00 10,000.00 0 0.00 1 10,000.00 2 2101.502 CLEARING 2 TREE 250.00 500.00 0 0.00 4 1,000.00 3 2101.507 GRUBBING 2 TREE 300.00 600.00 0 0.00 2 600.00 4 2104.501 REMOVE PIPE CULVERTS 26 UN FT 15.00 390.00 0 0.00 26 390.00 5 2104.501 REMOVE GUARD RAIL 235 UN FT 2.00 470.00 0 0.00 235 470.00 6 2104.505 REMOVE BITUMINOUS PAVEMENT 690 SQ YO 2.10 1,449.00 0 0.00 717.5 1,506.75 7 2104.513 SAYING BIT PAVEMENT (FULL DEPTH) 355 UN FT 2.00 710.00 0 0.00 355 710.00 8 2105.501 COMMON EXCAVATION (PLAN QUANTITY) 240 CU YO 6.90 1,656.00 0 0.00 240 1,656.00 9 2105.522 SelECT GRANULAR BORROY (CV) 210 CU YO 12.70 2,667.00 0 0.00 210 2,667.00 10 01710 CLEAN-UP 1 LUMP SUM 2,000.00 2,000.00 .25 500.00", 1 2,000.00 11 2211.501 AGGREGATE BASE CLASS 2 30 TON 23.10 693.00 21 485 . 10 ... 21 485.10 12 2211.501 AGGREGATE BASE CLASS 5 100% CRUSHED 400 TON 12.35 4,940.00 0 0.00 465 5,742.75 ROCK 13 2331.508 TYPE 41 YEARING COURSE MIXTURE 96 TON 45.15 4,334.40 87.87 3,967.33 v 87.87 3,967.33 14 2331.514 TYPE 31 BASE COURSE MIXTURE 114 TON 45.15 5,147.10 0 0.00 149 6,727.35 15 2357.502 BITUMINOUS MATERIAL FOR TACK COAT 42 GALLON 2.89 121.38 30 86.70 ~ 42 121.38 16 0401.601 STRUCTURE EXCAVATION 1 LUMP SUM 10,010.00 10,010.00 0 0.00 1 10,010.00 17 2402.521 STRUCTURAL STEEL (3306) 1 LUMP SUM 600.00 600.00 0 0.00 1 600.00 18 2403.502 TREATED TIMBER 1 LUMP SUM 44,216.00 44,216.00 0 0.00 1 44,216.00 19 2403.506 HARDYARE 1 LUMP SUM 6,000.00 6,000.00 0 0.00 1 6,000.00 20 0403.602 PREFAB TIMBER PANELS TYPE "A" 1 EACH 4,177.00 4, 177 . 00 0 0.00 1 4,177.00 21 0403.602 PREFAB TIMBER PANELS TYPE "B" 1 EACH 3,512.00 3,512.00 0 0.00 1 3,512.00 22 0403.602 PREFAB TIMBER PANelS TYPE "C" 1 EACH 4,842.00 4,842.00 0 0.00 1 4,842.00 23 0403.602 PREFAB TIMBER PANelS TYPE "Oil 1 EACH 4,177.00 4,177.00 0 0.00 1 4,177.00 24 0403.602 PREFAB TIMBER PANelS TYPE liE" 2 EACH 3,131.00 6,262.00 0 0.00 2 6,262.00 25 0403.602 PREFAB TIMBER PANelS TYPE "F" 2 EACH 2,686.00 5,372.00 0 0.00 2 5,372.00 26 0403.602 PREFAB TIMBER PANELS TYPE "G" 2 EACH 3,575.00 7,150.00 0 0.00 2 7,150.00 27 0403.602 PREFAB TIMBER PANelS TYPE "H" 2 EACH 3,136.00 6,272.00 0 0.00 2 6,272.00 28 0403.604 GLUED LAMINATED RAIL TYPE 1 127 UN FT 56.40 7,162.80 0 0.00 127 7,162.80 29 0411.603 MODULAR BLOCK RETAINING YALL 1330 sa FT 15.00 19,950.00 0 0.00 0 0.00 30 2442.501 REMOVE OLD BRIDGE (L8863) 1 LUMP SUM 4,650.00 4,650.00 0 0.00 1 4,650.00 31 2452.503 TREATED TIMBER PILING DELIVERED 1680 UN FT 7.54 12,667.20 0 0.00 1680 12,667.20 32 2452.504 TREATED TIMBER PILING DRIVEN 1680 UN FT 14.10 23,68. 0 0.00 1741 24,548.10 ~ . 2 OF 4 Estimate Voucher Number: OSM Project Number: for CITY OF SHOREYOOD 6 96038.02 BRIDGE AND APPROACH ROADYAY BID ITEMS Item Spec No Description . . v 0 U C HER 0 ETA III 1ST Project: SHADY ISLAND BRIDGE - FINAL PAYMENT CITY OF SHOREYOOD PROJ. NO.: CITY PROJ. NO. 95-19 SHOREYOOD, MINNESOTA Date: AUGUST 31, 1998 ... Quant i ty Units Contract Unit Price Contract CompLeted This Month TotaL Price Quantity Total Total To Date Quantity Total Price 4 EACH 2,191.50 8,766.00 0 0.00 4 2 EACH 325.50 651.00 0 0.00 2 20 UN FT 24.00 480.00 0 0.00 24 320 CU YD 48.40 15,488.00 0 0.00 327.42 60 CU YO 22.00 1,320.00 0 0.00 60 290 SQ YD 1.86 539.40 0 0.00 245 930 SQ YD 1.65 1,534.50 0 0.00 607 280 UN FT 18.27 5,115.60 0 0.00 280 4 EACH 273.00 1,092.00 0 0.00 4 2 EACH 619.50 1,239.00 0 0.00 2 300 UN FT 2.25 675.00 0 0.00 135 550 UN FT 8.00 4,400.00 0 0.00 550 240 SQ YO 3.33 799.20 0 0.00 125 1 LUMP SUM 17,631.45 17,631.45 0 0.00 1 2 EACH 75.00 150.00 2 150.00 ./ 2 $ 266,267.03 $ 5,189.13 -..-... ------...- ------------------------------...----- --------- --..------- ------------- ------------- --------- ------------- --------- ------------ 33 2452.517 TREATED TIMBER TEST PilE 65 FT lONG 34 2501.515 12" RC PIPE APRON 35 2501.561 12" RC PIPE CULVERT DES 3006 CL V 36 2511.501 RANDOM RIPRAP CLASS V 372511.511 GRANULAR FILTER (P) 38 2511.515 GEOTEXTILE FILTER TYPE IV 39 2511.515 GEOTEXTILE FILTER TYPE V 40 2554.501 TRAFFIC BARRIER DESIGN A8307 41 2554.521 ANCHORAGE ASSEMBLY-PLATE BEAM 42 2554.523 TYISTED END TREATMENT 43 2573.502 SILT FENCE, HEAVY DUTY 44 2573.505 FLOTATION SilT CURTAIN 45 2575.505 SODDING TYPE lAYN 46 2621.503 L.S.B.I. 8 - A 47 2621.522 ADJUST FRAME & RING CASTING TOTAL BRIDGE AND APPROACH ROADYAY BID ITEMS SUB-TOTAL CHANGE ORDER NO. 1 - RETAINING YALl MATERIAL Item Spec No Oescription 48 0411.603 MODULAR BLOCK RETAINING YALl 490411.603 CONST. STONE RETAINING YAll TOTAL CHANGE ORDER NO. 1 - RETAINING YAll MATERIAL SUB-TOTAL $ 266,267.03 $ 5,189.13 Quant i ty Units Contract Unit Price Contract Completed This Month Total Price Quantity Total Total To Date Quantity Total Price 1330 SQ. FT. 1330 SQ. FT. -15.00 20.25 -19,950.00 26,932.50 o o 0.00 0.00 o 1819 $ 6,982.50 $ 0.00 $ 273,249.53 $ 5,189.13 3 OF 4 8,766.00 651.00 576.00 15,847.13 1,320.00 455.70 1,001.55 5,115.60 1,092.00 1,239.00 303.75 4,400.00 416.25 17,631.45 150.00 $ 248,627.19 $ 248,627.19 0.00 36,834.75 $ 36,834075 $ 285,461.94 Estimate Voucher Number: OSM Project Number: for CITY Of SHORE~OOD GRANO TOTAL 6 96038.02 V 0 U C HER 0 ETA ILL 1ST Project: SHADY ISLAND BRIDGE - FINAL PAYMENT CITY Of SHORE~OOD PROJ. NO.: CITY PROJ. NO. 95-19 SHOREYOOD, MINNESOTA -------------------- -------------------- $ 273,249.53 . . 4 OF 4 ====;=============== $ 5,189.13 Date: AUGUST 31, 1998 -------------------- -------------------- $ 285,461.94 ~ ~ . . CITY OF SHOREWOOD RESOLUTION NO 98- A RESOLUTION ACCEPTING SHADY ISLAND BRIDGE REPLACEMENT PROJECT, CITY PROJECT 95-19 AND AUTHORIZING FINAL PAYMENT WHEREAS, the City of Shorewood has entered into a contract with Jay Brothers, Inc. for City Project No. 95-19, Shady Island Bridge Replacement Project; and, WHEREAS, the Contractor has petitioned for final acceptance of the project and final payment based on work performed to date; and, WHEREAS, the Project Manager has made a final inspection of the project and recommends acceptance and final payment be made by the City. NOW, THEREFORE BE IT RESOLVED that: 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: 1. The Contractor furnish the City a one year maintenance bond pursuant to the contract. 2. The Contractor must make satisfactory showing that he has complied with the provisions of Minnesota Statutes 290.92 requiring withholding of State Income Tax. 3. Evidence in the form of an affidavit that all claims against the Contractor by reasons of the contract have been fully paid or satisfactorily secured. ADOPTED by the City Council of the City of Shore wood this 28th day of September, 1998. Tom Dahlberg, Mayor ATTEST: James C. Hunn, City Administrator/Clerk . . &.. CITY OF SHOREWOOD . 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (612) 474-3236 FAX (612) 474-0128 . www.state.netlshorewood . cityhall@shorewood.state.net MEMORANDUM TO: Mayor and City Council FROM: Patti Helgesen DATE: 22 September 1998 RE: Minnesota Mini-Storage - Temporary Sign Pennit FILE NO.: 405 (Sign Pennits) Judy Dhooge, representing the Minnesota Mini-Storage at 19395 State Highway 7, has requested approval of a sign permit to display a temporary banner announcing the opening of their new facility. The banner will be no larger than 32 square feet in area and will be hung on the building. They propose to display the sign from 7 October through 21 October, using both of their allotted 7-day periods on a back-to-back basis. Section 1201.03 Subd. llc.(4) of the City Code provides for the use of temporary signs twice within any 12 month period, seven days at a time and no larger than 32 square feet in area. Since this is new construction. this site has not had a temporary sign pennit within the last 12 months. As such the pennit is consistent with Shorewood's sign regulations and should be approved. Cc: Jim Hurm John Dean Judy Dhooge il3~ - ".,) ':Q~~.-::::;:'~ ?~:>:'.'C:""=J '::";;;0::= 8' I No \V OPEN 4/ . I .. '-' RED oN WHrTE -C O~ ~ /0 ' 3'/ f{OW~PfN J . -ro be.. h"'''5 O() bu..iLJ.;") (new fh;(\i~ s'bJr"je.) +roYY\ () c.. -t. 1+'1 Y-hrotLj h eJ a.-.f.v b&( 2-1 5-+- ) /198. r ' CITY OF SHOREWOOD RESOLUTION NO. A RESOLUTION APPROVING SUBDIVISION OF REAL PROPERTY FOR TOM AND KAREN LONDO WHEREAS, Thomas R. and Karen C. Londo (Applicants) have an interest in certain real property in the City of Shorewood, legally described in Exhibit A, attached hereto and made a part hereof; and WHEREAS, the Applicants have applied to the City for a subdivision of said real property into two parcels legally described in Exhibit B, attached hereto and made a part hereof; and . WHEREAS, the Applicant and all other parties holding an interest in said real property have agreed to grant to the City drainage and utility easements, wetland easements, conservation easements and public road right-of-way, legally described in Exhibit C, attached hereto and made a part hereof; and WHEREAS, the subdivision requested by the Applicant complies in all respects with the Shorewood Zoning Code. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. That the real property legally described herein be divided into two parcels, legally described in Exhibit B. 2. That the City Clerk furnish the Applicant w~th a certified copy of this resolution for recording purposes. . 3. That the Applicant record this resolution, together with the drainage and utility easements, wetland easements, conservation easements and public road right-of-way legally described in Exhibit C, with the Hennepin County Recorder or Registrar of Titles within thirty (30) days of the date of the certification of this resolution. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 28th day of September 1998. ATTEST: Tom Dahlberg, Mayor James C. Hurro, City Administrator/Clerk 113'1 . . > I trll~ ~.. n:(.o) rt \):t> ;:l S (0"1 ..- 0> 0 to ;j 1-]' III m ClI ::J"'I-':r tr1 t"' IJ. 0 Ill: p. I" m HI flJ Cb :r 11l <i,I Cb Cb. 0 Cb to (f);j 11l I-"O'l ::J 1-" to III rt : rt 'f' H 0 ~ c1 o.:::r Ql III (,) 0. 0 ct ~ti ~.. (0 ,1'1, (j) - "c1 UI' ct - 1--''llI'-'" 0 lb 0 ('I' t"' ;j'!3 0 0.' Ull-l PI '0 1-" Ql rt HIICb c; ::r 0 0 0 tv 1-1, fJ.. 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CO I O<l '1 1:" (\> 0 ::I (\> :J 0.' 0 f' l~l 0 I~ 0 ::l I", I . h!:.cl 1-., (1 >< ::s '< ct 0 0.1 CO tr1 ;.< ::r _. 0" -. r-t- ...., PROPOSED LEGAL DESCRIPTIONS . Northerly Parcel That part I1f l. ot 86, Auditor's Subdivision Number 135. Hennepin County, Minnesota described as follows: Beginning at the most northeasterly corner of said Lot 86: thence southerly along an easterly line of said Lot 86 a distance of 355.00 fe~t. thence west parallel with the most northerly line of said Lot 86 a distance ot 54 00 feet; thence northerly parallel with the most easterly line of said Lot 86 a dIstance of 100.00 feet; thence northerly, deflecting right 27 degrees:; '1!stance of 72.00 feet; thence northeasterly to a point on said most northerly I.r)e of said Lot 86 distant 1.00 feet westerly of said most northeasterly corner of 1. Jt 86, thence easterly to the point of beginning; ALSO That part of Lot 87. said Auditors Subdivision, which lies northerly of a line drawn fro~ a point on a westerly line of said Lot 87 distant 355.00 feet southerly of the most northwesterly comer of said Lot. to a point on an easterly line of said Lot distant 15900 feet southerly of the most northeasterly corner of said Lot. Which lie '5outherly of the most northerly 17,00 feet of Lot 87 and 86, said Auditor's SLJOOIVlslon. Southerly Parcel . Lot 87. A:l::!it:=,r's Subdivision Number 135, Hennepin County, Minnesota, EXCEPT t.~at part thereof bounded by a line described as follows: Commencing at the scut~east corner of said 87; thence west along the south line thereof 310 feet to the '.:'); :.hwest corner thereof; thence north along the west line thereof 132 feet: thenco? east parallel with said south line a distance of 33 feet thence northeasterly to a point on the east line of said Lot 87 distant 165 feet north of the southeast corner of said Lot 87; thenc,e South along said East line to the point of beginning, Exhibit B .'iI/;. him No. Zll-I\I.. QUII CLAIM 1JEl!1) MiruICSUla Unit"fln Cunveyancing UlanD (l978) Miller-DavIS Co., SI. Paul IndlvlduaJ(s) to Cnrporalion or Partncnhip No delinquent taxes and transfer entered; Certificate of Real Estate Value ( ) tiled ( ) not requin:d Certificate of Real Estate Value No. , 19_ ; ;', - ,~\ I; :'~ rr-' " .' County Auditor ,." ~..;U I 'J 1998 :: iJ by Deputy .~'I STATE DEED TAX DUE HEREON: $ ex~rt- Date: , 199~ (reserved for recording dala) FOR VALUABLE CONSIDERATION. Thomas R. Londo and Karen C. Londo, husoand and wife (marilal S1alUS) . Grantor(s), hereby convey~) and quitclaill}ll to the City of Shorewood . a municipal corporation real property in Hennepin under the laws of Minnesota , County, Minnesota, described as follows: , Grantee, See Exhibits A, S, C and D attached hereto and made a part hereof. (if morc space is needed. conlinue on hact) together with all hereditaments and appurtenances belonging thereto. . Affix Deed Tax Stamp Here Thomas R. Londo STATE OF MINNESOTA } $S. Karen C. Londo COUNTY HENNEP IN The foregoing instrument was acknowledged before me this _ day of by Thomas R. Londo and Karen C. Londo, husband and wife 19 98 . -' , Grantor(s). NOTARIAL STAMP OR SFAL lOR OTllER TITU: OR RANK): SIGNAmRE OF PERSON TAKlllG ACKNOWLEllGMENT T.. 5181cmclllS fur lbe real p"'peny described in Ibis in.lIrumenl ,Iudd be sellllo (inclutlc name and address of Granlee): THIS INSTRUMENT WAS DRAHED NY (NAME A.~D ADDRF.~S): PEHBERTHY LA~v OFFICES James G. Penberthy 264 \'later St. Excelsior, ~J 55331 (612) 474-1188 Thomas R.and Karen C. Londo 22695 Murray St. Shorewood, !1H 55331 Exhibit C . DRAINAGE AND UTILITY EASEMENT DESCRIPTIONS NORTHERLY PARCEL An easement for drainage and utility purposes Over the easterly southerly and westerly 10,00 feet of the following described property: Those parts at the following described properties: That part of Lot 86. Auditor's Subdivision Number 135. Hennepin County, Minnesota, described as fO"t)w~' Beginning at the most northeasterly corner of said Lot 86: thence southerly along 9('1 easterly line of said Lot 86 a distance of 355.00 feet: thence west parallel with the InQst northerly line of said Lot 86 a distance of 54.00 feet thence northerly parallt"-I WIt'" the most easterly line of said Lot 88 a distance of 1 00.00 feet: thence northerlv deflecting right 27 degrees a distance of 72.00 feet; thence northeasterly to (i pOInt on said most northerly line of said Lot 8a distant 1.00 feet westerly of sairl p-r,"'. 10rtheasterty corner of Lot 86; thence easterly to the point of beginning; ALSO That part of Lot 87 said Auditor's Subdivision, which lies northerly of a line drawn from a point on a westerly line of said Lot 87 distant 355.00 feet southerly of the most northwesterly (:r.,'1e'" "Jf said Lot. to a point on an easterly line of said Lot distant 159 00 feet southerly of ~!1e most northeasterly corner of said Lot. Which lie southerly of ~r./:- ~ost northerly 17.00 feet of Lot 87 and 86, said Auditor's Subdivision. . SOUTHERLY PARCEL An easement for drainage and utility purposes over the northerly, easterly, southerly and westerly 10.00 feet of the following described parcel: That part of the fOllOWIng described property: Lot8?, Auditor's Subdivision Number 135, Hennepin County, Minnesota, EXCEPT that part thereof bourded by a line described as follows: Commencing at the southeast corner of said 87 thence west along the south line thereof 310 feet to the southwest corner thereat- tr'~"r:e north along the west line thereof 132 feet: thence east parallel with said south line a distance of 33 feet; thence northeasterly to a point on the east line of said l.ot R7 distant 165 feet north of the southeast corner of said Lot 87; thenes South along saId East line to the point of beginning, which lies southerly of a line drawn from a point on a westerly line of said Lot 87 distant 355,00 feet southerly of the most northwesterly corner of said Lot, to a point on an easterly line of said Lot distant "! 'i~ 10 feet southerly of the most northeasterly corner of said Lot. Exhibi t Fo. NORTHERLY PARCEl. An easement for wetlands purposes over that part of the following described parcel: Those pans of the following described properties: That part i')f I. ot 86. Auditor's Subdivision Number 135, Hennepin County, Minnesota described as follows: Beginning at the most northeasterly corner of said Lot 86: thence southerly along an easterly line of said Lot 86 a distance of 355 00 fe~t. thence west parallel with the most northerly line of said Lot 86 a distance ot 54 00 feet; thence northerly parallel with the most easterly fine of said Lot 86 a dIstance of 100.00 feet; thence northerly, deflecting right 27 degrees '3 ,ifstance of 72.00 feet; thence northeasterly to a point on said most northerly I,"e of said Lot 86 distant 1.00 feet westerly of said most northeasterly corner of i. ot 86. thence easterly to the point of beginning: ALSO That part of Lot 87, said Auditors Subdivision. which lies northerly of a line drawn fro~ a point on a westerly line of said Lot 87 distant 355.00 feet southerly of the most northwesterly corner of said Lot. to a point on an easterty line of said Lot dIstant 159 00 feet southerly of the most northeasterly corner of said Lot. Which lie 'southerly of the most northerly 17.00 feet of Lot 87 and 86. said Auditor's SubdiVision. . Which lie easterly and northerly of the following described line: Beginning at the most northeasterly corner of said Lot 87: thence on an assumed bearing of West along the most northerly line of said Lot 87 a distance of 230.00 feet to the point of begir flIng of the line being described: thence South 6 degrees East a distance of 95.0C feet' tnence South 24 degrees East a distance of 130.00 feet: thence North 84 degree~. F.M~t to its intersection with an easterly line of said Lot 87, and said line there ending . SOUTHERLY PARCEL An easement for wetland purposes over that part of the following described parcel: That part of the followln'~ described property: lot 87. Au:,Jit~r's 3ubdivision Number 135, Hennepin County, Minnesota, EXCEPT t~at par: thereof bounded by a line described as follows: Commencing at the southeast corner of said 87; thence west along the south line thereof 310 feet to the ";iji. :.hwest corner thereof; thence north along the west line thereof 132 feet thenc€'- east parallel with said south line a distance of 33 feet; thence northeasterly to a point on the east line of said Lot 87 distant 165 feet north of the southeast corner of said Lot 87; thence South along said East line to the point of beginning, which lies southerly of a line drawn from a point on a westerly line of said Lot 87 distant 355.00 feet soutr.erlv of the most northwesterly corner of said Lot, to a point on an easterly line of S~I'rl . 0t distant 159.00 feet southerly of the most northeasterly corner of said Lot. which lies northerly of the following described line: Beginning at the 'nost northeasterly corner of said Lot 87; thence on an assumed bearing of West c~long the most northerly line of said Lot 87 a distance of 23000 feet to the point of beginning of the line being described: thence South 6 degrees East a distance of 95.00 feet thence South 24 degrees East a distance of 130.00 feet; thence North 84 degree-:: E3st to its intersection with an easterly line of said Lot 87, and said line there endinG Exhibit B . . The grantors hereby donate and dedicate to the public for public roadway use forever, the drive described as follows: The northerly 17 00 feet of the following described property: Lot 87, Auditor's Subdivision Number 135; That part of Lot A6 A.uditor's Subdivision Number 135. Hennepin County, Minnesota, described as fOIl,"\w~ Beginning at the most northeasterly corner of said Lot 86; thence southerly along Cl~ easterly line of said Lot 86 a distance of 355.00 feet; thence west parallel with the 110St northerly line of said Lot 88 a distance of 54.00 feet; thence northerly para/lei 'N1tr. the most easterly line of said Lot 86 a distance of 100.00 feet; thence northerly :jefJecting right 27 degrees a distance of 72.00 feet; thence northeasterly to i] point on said most northerly line of said Lot 86 distant 1.00 feet westerly of scw~.-."",... ~ortheasterly corner of Lot 86; thence easterly to the point of beginning Exhibit C " . NORTHERLY PARCEL An easement for r:onservation purposes over that part of the fOllowing described parcel: Those parts of the following described properties: T~at part tit tot 86. Auditor's Subdivision Number 135, Hennepin County, Minnesota described as follows: Beginning at the most northeasterly corner of saId Lot 86: thence southerly along an easterly line of said Lot 86 a distance of 355.00 feet thence west parallel with the most northerly line of said Lot 88 a dIstance cf .54 00 feet; thence northerly parallel with the most easterly line of said Lot 813 a distance of 100.00 feet: thence northerly, deflecting right 27 degrees a 1istance of 72.00 feet; thence northeasterly to a point on said most northerly 111E' of said Lot 8S distant 1.00 feet westerly of said most northeasterly corner of !. t,t B6 thence easterly to the point of beginning; ALSO That part of Lot 87, said Auditor's Subdivision, which lies northerly of a line drawn fro~ a point on a westerly line of said Lot 87 distant 355.00 feet southerly of the mc~t "'~!\hwesterly corner of said Lot, to a point on an easterfy line of said Lot distant 159 00 feet southerly of the most northeasterly corner of said Lot. Which lie ":;oLltherty of the most northerly 17" 00 feet of Lot 87 and 86. said Auditor s SubdIvision. . Which lie within 35 00 feet westerly and southerly of the following described line: Beginning at the most northeasterly corner of said Lot 87; thence on an assumed bearing of West i~!onq the most northerly line of said Lot 87 a distance of 230.00 feet to the point of beglr-nlng of the line being described; thence South 6 degrees East a distance of 95.0C fee~: thence South 24 degrees East a distance of 130.00 feet; thence North 84 degree~, F.;?~t to its intersection with an easterly line of said Lot 87. and said line there ending SOUTHERLY PARCEL An easement for conservation purposes over that part of the following described parcel: That part of the foil oWing described property: Lot 87 Auditors Subdivision Number 135. Hennepin County, Minnesota, EXCEPT t''lat oart thereof bounded by a line described as follows: Commencing at the southeast corner of said 87; thence west along the south line thereof 310 . feet to thp c;r:-' ':~west corner thereof; thence north along the west line thereof 132 feet: thence east parallel with said south line a distance of 33 feet; thence northeasterly to a point on the east line of said Lot 87 distant 165 feet n'orth of the southe:Jst roorner of said Lot 87; thence South along said East line to the point of beginning, which lies southerly of a line drawn from a point on a westerly line of said Lot ~7 distant 355.00 feet soutrer1v of the most northwesterly corner of said Lot, to a point on an easterly line :1f ~~. ~ '--:t distant 159.00 feet southerly of the most northeasterly corner of said Lot. which lies within 35.00 feet southerly of the following described line: Beginning at the I"ost northeasterly comer of said Lot 87; thence on an assumed bearing of West ;?I()rq the most northerly line of said Lot 87 a distance of 230,00 feet to the point of beglrnlng of the line being described; thence South 6 degrees East a distance of 95.00 I~et. thence South 24 degrees East a distance of 130.00 feet: thence North 84 degree~ F.ast to its intersection with an easterly line of said Lot 87, and said line there ending Exhibit D LAKE MINNE~ COMMU~UCATIONS ~ISSION PROPOSED 1999 BUDq.~J /_ APPROVED BY LMCC ~y 4 ,., Proposed Budget Change % Budget for 1998 Change for 1999 INCOME Franchise Fees $160,000.00 $155,702.69 + $4,297.31 3% Other Triax-North Studio 0.00 2,000.00 -(2000.00) 0% Acces Support - PEG Fee 52,200.00 - 52,200.00 Interest 4,000.00 4,000.00 0.00 0% Contingency Fund 0 14,560.00 (only if needed) $216,200.00 $176,262.69 39,937.31 23% OPERATING EXPENSES Administrator, Access & $85,600.00 $85,600.00 + $0.00 0% Office Staff Secretarial Service 855.00 825.00 + 30.00 4% Payroll TaxeslPERA 10,640.00 10,640.00 + 0.00 0% Travel Expenses 2,400.00 2,295.00 + 105.00 5% Health Insurance 4,000.00 6,372.69 - (2,372.69) 0% Legal Fees 9,000.00 9,000.00 + 0.00 0% Insurance/Bonds 5,900.00 5,670.00 + 230.00 4% LMCC Accounting! 2,100.00 2,050.00 + 50.00 2% Annual Review Conf., Schools & 7,400.00 7,200.00 + 200.00 3% Conventions ()ffi,....'Studio Supply Janitor 4,000.00 4,000.00 0.00 0% :\::\: upply 1,500.00 1,500.00 0.00 0% ~ :rs?ip I>ues/ lptlons DESCRlPTION ~ Payroll for Admin., Prod. Coord., Studio Coord., PT Prod. Asst. '8 & Admin. Asst. ~ Payroll Services ~ PERA & employer wlholding contribution => LMCC visibility at all cities, MACT A , North Studio & errands => Amt. attributed to employee health ins. => Rate reg:tfranchise renewaVlegal counsel => Workers Comp., Dishonesty Bond, Property Liability => Bookkeeping & annual audit => NATOA, MACTA, NFLCP => Normal office/studio supplies, copy machine agree- ment & janitor service and supplies => NATOA, MACTA, magazines and 4 local rhllmhP,,-q nfrnmmM'N" PAGE 2 LAKE MINNETONKA COMMUNICATIONS COMMISSION PROPOSEDI999BUDGET-CONT~D Proposed Budget Change % Budget for 1998 Change for 1999 OPERATING EXPENSES (continued) Telephone/V oice $ 2,330.00 $ 2,330.00 + $0.00 0% Mail Postage/PO Box 2,000.00 1,480.00 + 520.00 35% Miscellaneous 1,000.00 1,000.00 0.00 0% AdvertisinglPromo 6,675.00 4,200.00 2,475.00 5% Four Quarterly Newsletters Office Equipment 0.00 0.00 0.00 0% Office Rent 11,500.00 5,000.00 6,500.00 130% Equipment Maint. 20,700.00 1,700.00 19,000.00 1118% & Repair Sales Tax 1.000.00 1.000.00 0.00 0% OPERATING EXPENSES $178,600.00 $151,862.69 $ 26,737.31 18% ~UB- TOTAL . . .. PAGE 3 LAKE MINNETONKA COMMUNICATIONS COMMISSION PROPOSED 1999 BUDGET - CONTINUED . . ~~ I Proposed Budget Change % Budget for 1998 Change for 1999 SPECIAL FUNDS Capital Funds $ 0.00 $ 0.00 $ 0.00 0% Franchise Renewal 1,000.00 1,500.00 (-500.00) 0% Fund Tape Stock 400.00 300.00 0.00 0% TechnicallFinancia1 2,500.00 2,500.00 0.00 0% Rate Audit Studio Equipment 5,000.00 2,500.00 2,500.00 100% Legal Fund 500.00 100.00 400.00 400% Office Equipment 3,500.00 1,000.00 +500.00 250% Access Equipment 12,500.00 5,000.00 0.00 150% Access/Deve1opment 11,000.00 11,000.00 0.00 0% Contingency 200.00 0.00 200.00 200% Sales Tax 1.000.00 500.00 500.00 100% SPECIAL FUNDS SUB-TOTAL $37,600.00 $ 24,400.00 13,200.00 54% OPERATING FUNDS SUB-TOTAL $178,600.00 $151,862.69 $26737.31 18% GRAND TOTAL $216,200.00 $176,262.69 + $39,937.31 23% DESCRIPTION => Expenses involved in follow-up on renewal. => Replacement of videotape for production => Future audit if needed => Replace studio hardware, less portable equipment. => Future unforeseen legal expenses => Replace / purchase new office equipment => Cameras, porta-pack, misc. for more city council meetings, community programming. => Coverage of city council mtgs., film development, DeWolf Audio, playback facilities, capital expenditures. => Based on 6.5% of taxable purchases Badget99.pub ... CITY OF SHOREWOOD JOINT CITY COUNCIL/PARK COMMISSION WORK SESSION MONDAY, SEPTEMBER 21, 1998 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES CONVENE CITY COUNCIL WORK SESSION DRAFT 1 . Mayor Dahlberg called the meeting to order at 7:01 p.m. A. Roll Call Present: Mayor Dahlberg; Councilmembers: Champa, Garfunkel, and O'Neill; Park Commissioners: Arnst, Dallman, Puzak and Themig; Park Planner: Mark Koegler; and Administrator Hurm . Absent: Councilmember Stover and Park Commissioner Bensman B. Review Agenda Mayor Dahlberg reviewed the Agenda for September 21, 1998. The Agenda was approved as submitted. 2. PRESENTATION BY MARK KOEGLER, PARK PLANNER, AND DISCUSSION ON PARK/TRAIL REPORT . Mr. Koegler reviewed with the Council and Park Commission the current issues of the trail system and the various community involvement sessions held with the residents. He noted there is a strong interest in a trail system and in the usage and improvement of City parks. He stated that the information gathered from the community to date, leads the trail system development to be a "process." He noted that this process would allow for more flexibility and greater citizen input. Mr. Koegler stated that staff and the Park Commission have come up with a mission statement and a ten step process (attached and made a part of these minutes) for the Council to review. Mayor Dahlberg stated that the process that is being proposed gives ownership to the people involved, which is what the City of Shorewood desires. He thanked the Park Commission and all those involved for their effort and input. Councilmember O'Neill questioned what parameters the Council should be setting for the trail system. Mr. Koegler stated that this involves setting standards on items such as width, materials used, landscaping issues and location of trails. Chair Puzak stated that the Commission does not want to dictate the development of the trails. Rather, the Park Commission would like to leave the definition of the trails up to the neighborhoods while the Council would oversee the comprehensive management and coordination. Chair Puzak stated that the Commission understands that this process will be time consuming but believes that the end result will be a better trail system. Mayor Dahlberg and Councilmember O'Neill both agreed that this is a great end result for the City and its residents. 'J JOINT CITY COUNCIL/PARK COMlVlISSION WORK SESSION MEETING MINUTES SEPTEMBER 21, 1998 - PAGE 2 Councilmember Champa asked to review the mission statement as a group. Mayor Dahlberg asked for comments on the statement. Hearing none he stated that this item would be placed on the next Council agenda for any future comments and approval: RECOMMENDED STATEMENT OF COMMITMENT The Shorewood City Council and Park Commission recognize that residents have a substantial interest in establishing a trail system in the community. As a result, both groups are committed to establishing and carrying out an on-going process that with continuing public involvement, will identify opportunities and address concerns resulting in the construction of trails were deemed appropriate by the community. Mr. Woody Love, a resident involved in the citizen's review group, stated that this was a very worth while process and that he was honored to be a part of the process. He suggested that the trails be developed in two phases. The first being a citizen input session for a decision and then a. second phase for the actual design of the trail. Mr. Koegler stated that this is the process that is being proposed. Administrator Hurm noted this process does not guarantee 100% of the residents will be satisfied with the trail system process. Mayor Dahlberg agreed and stated that often times resistance results in compromise and consideration. Administrator Hurm stated that if any difficult situations did arise, mediation services could be used. Councilmember O'Neill questioned the next step for the trail system process. Mr. Koegler stated the trail plan will go to the Park Commission to fill in the holes and address potential problems that were brought up by the residents. Commissioner Themig asked who would handle the brunt of the work for these issues. Councilmember Garfunkel stated that he would like to see the community and the Park Commission working together on any issues that arise. . l' '" . . JOINT CITY COUNCILIPARK COMMISSION WORK SESSION MEETING MINUTES SEPTEMBER 21, 1998 - PAGE 3 3. ADJOURN O'Neill moved, Champa seconded adjourning the work session at 7:47 p.m. Motion passed. RESPECTFULL Y SUBMITTED, Heidi Wirth, Recording Secretary TimeSaver Off Site Secretarial, Inc. ATTEST: TOM DAHLBERG, MAYOR JAMES C. HURM, CITY ADMINISTRATOR . ~. . . Shorewood Trail Planning Process 1. Commitment to a community-oriented, grassroots trail planning process. 2. Data gathering. 3. Identify potential trail segments for consideration. Begin site evaluations and a working concept. 4. Public information on trail concepts. 5. Public involved by walking potential trail routes: . Identify problem areas . Incorporate comments . Complete site evaluation forms which include: ~ Comments on meeting any goals, objectives ~ Rationale for trail ~ Fiscal analysis - costs of options ~ Physical conditions and constraints ~ Public comments and trail walk observations .~ . Shorewood Trail Planning Process 6. Prioritize potential trail sites. Schedule consideration in CIP. .1 7. Inclusive trail design process - invite all area residents to participate. Offer staff and meeting facilitation assistance. The product is a package of recommendations within pre- established parameters. 8. Build a segment involving "neighborhood contacts." . 9. Move on to the next trail segment in the CIP, repeating Steps 6-8. 10. Annually review all site evaluations forms (Step 5) and reprioritize in the CIP (Step 6). RECOMMrnNDEDSTATEMENTOFCO~TMENT The Shorewood City Council and Park Commission recognize that residents have a substantial interest in establishing a trail system in the community. As a result, both groups are committed to establishing and carrying out an on-going process that with continuing public involvement, will identify opportunities and address concerns resulting in the construction of trails were deemed appropriate by the community. . Reviewed and adopted by the City Council on Reviewed and adopted by the Park Commission on . #78 . . Shorewood Trail Planning Process 1. Commitment to a community-oriented, grassroots trail planning process. 2. Data gathering. 3. Identify potential trill.! segments for con~ideration. Begin site evaluations and a working concept. 4. Public information on trail concepts. 5. Public involved by walking potential trail routes: . Identify problem areas . Incorporate comments . Complete site evaluation forms which include: ~ Comments on meeting any goals, objectives ~ Rationale for trail ~ Fiscal analysis - costs of options -+ Physical conditions and constraints ~ Public comments and trail walk observations " ., Shorewood Trail Planning Process 6. Prioritize potential trail sites. Schedule consideration in CIP. 7. Inclusive trail design process - invite all area residents to participate. Offer staff and meeting facilitation assistance. The product is a . package of recommendations within pre- established parameters. . 8. Build a segment involving "neighborhood contacts." . 9. Move on to the next trail segment in the CIP, repeating Steps 6-8. 10. Annually review all site evaluations forms (Step 5) and reprioritize in the CIP (Step 6). ~, CITY OF SHORE WOOD PLANNING COMMISSION MEETING TUESDA Y, SEPTEMBER 1, 1998 CITY COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES CALL TO ORDER Chair Borkon called the meeting to order at 7 :04 p.m. ROLL CALL Present: Chair Borkon; Commissioners Anderson, Bailey, Collins and Callies; Planning Director Nielsen, Council Liaison O'Neill APPROVAL OF MINUTES Planning Commission Minutes. August 4, 1998 . Bailey moved, Anderson seconded approving the Planning Commission Minutes of August 4, 1998 as amended on Page 2, Paragraph 5, Sentence 2, insert word "legal" to read: "Collins stated that providing this hearing could provide for legal setbacks in time due to public comments." Motion passed 5/0. Callies requested a change in the order of business as presented on the agenda to discuss item #1, then #2, then '#4, then #3 last. She stated she would abstain from item #3 due to a conflict of interest with her legal firm. Chair Borkon suggested discussing the issue of Howards Point Marina as item #3 and discussing the City Acquisition of Property as item #4 with Callies abstaining. The Study Session as listed on the agenda will be moved to the next meeting. . Bailey moved, Anderson seconded amending the agenda as proposed. Motion passed 5/0. t. PUBLIC HEARING. C.U.P. FOR A SPECIAL HOME OCCUPATION Applicant: Location: Jeffrey Hatcher 5935 Galpin Lake Road. Mr. Hatcher was present. Nielsen reviewed the public hearing process with the public regarding this issue. It was noted that this issue would come before the Council on September 29, 1998. Nielsen explained that the property contains about 1 acre and is in a single family residential zoning district. He is a writer and would like to conduct business on his home site in an accessory building, the carriage house. Nielsen pointed out on the map where the business would be located on the site. Since the business would be conducted in an accessory building, it therefore requires a hearing. Mr. Hatcher completed the required questionnaire and does meet all requirements for special home occupation permit. The staff report recommends approval of C.U.P as presented. Mr. Hatcher had no further comments. 1I PLANNING COMMISSION MINUTES SEPTEMBER 1, 1998 . Page 2 Chair Borkon opened the public hearing at 7: 12 p.m. Greg Broling, 5050 Greenwood Circle, Greenwood, stated that his corporation owns property south of the property in discussion. His concern was about the possibility of other people working on the premise for Mr. Hatcher. Mr. Hatcher's business is only 5 feet from Mr. Broling's property line. Mr. Broling stated that another concern was if the property was sold at a future point and if there was an office already there, it could be used by the next owners and become noisy. Chair Borkon closed the public hearing at 7: 14 p.m. Chair Borkon explained that with the Conditional Use Permit, only one employee is allowed to work full time on the premises. She also explained that the term Conditional Use Permit means it would not get passed on to new owners. as far as the business set up. The property would be sold as a single family unit and the new owners would need to apply for c.u.P. if that's what they wanted. . Mr. Hatcher confirmed he has no employees and has no clients, per se. Bailey posed the question that Mr. Hatcher says he has no employees now, but if he wants one, must he reapply for the permit. Nielsen explained that Mr. Hatcher would have to reapply for a revision on his c.u.P. Nielsen stated that the C.U.P. will need to be reviewed in one year. Collins moved, Callies seconded approving a Conditional Use Permit for Mr. Hatcher with the stipulation that if he wants to employ one person, he will return to the City to reapply. Motion passed 5/0. 2. 7:10 p.m. PUBLIC HEARING. ZONING CODE AMENDMENT REGARDING REGULATIONS FOR HOME OCCUPATIONS Nielsen stated that the Planning Commission was directed by the City Council to review the . current rules and how they pertain to home occupations in the City of Shorewood. There are two classifications. The Limited Home Occupation is for limited business. It must comply with general requirements; have only residents employed; be conducted within the principle dwelling; have no more than one client or pupil at a time; use only equipment customarily found in homes; and if it meets requirements, it is issued an administrative permit (elimination of permit proposed). Nielsen stated that Special Home Occupations have the potential to be more problematic. They must comply with general requirements; only one person outside the home can work on premises; business may be conducted within an accessory building; the business may serve more than one client or pupil at a time; the business may use equipment not customarily found in homes; subject to conditional use permit process, which involves a public hearing. The City Council must approve on a 4/5 vote. PLANNING COMMISSION MINUTES SEPTEMBER 1, 1998 - Page 3 Nielsen stated that the Planning Commission reviewed the ordinance and recommended that the City Council not change the conditions for the Special Home Occupation permit. The change requested for the Limited Home Occupation is to drop the requirement of applying for a permit. Many people conduct business and aren't aware that they need a permit. Nielsen reviewed the draft language for home occupation permits. He explained that if businesses were violating rules, then they would need to apply for a permit. Whether they have a permit or not, they must still meet general requirements. He stated that he would like to put the general requirements in the newsletter for all residents to see. Chair Borkon questioned the last sentence in the first paragraph and suggested the words" rather than through a legislative hearing process" be removed. She also mentioned that the next paragraph should be deleted since page 3 lists the general provisions. Nielsen stated he put that phrase in to distinguish between special home occupation. . Chair Borkon opened the discussion up to public testimony at 7:32 p.m. Laura Turgeon, 24670 Amlee Road, questioned whether there would be any restrictions to specify which certain occupations would be permitted. Nielsen explained that there is a list of standards, but not specific lists of what occupations are allowed. Examples are included in the draft amendment. A chiropractor would not need to apply for a Limited Home Occupation, but would need to apply for a Special Home Occupation. Chris Lizee, 27055 Smith Town Road, questioned a previous case of a chiropractor's business and whether it would need a permit with the proposed changes. She stated that with a permit the chiropractor was required to have an inspection and asked if they would need one now. She also questioned whether the State Department of Health requires a permit for that kind of a business. Nielsen explained that when the state issues a license, they take care of the health considerations. Only businesses involved with alcohol or ATF are required to show permits to outside agencies. . Public testimony was closed 7:47 p.m. Bailey commented that this is a sensible change in the law and would endorse it. Chair Borkon questioned what the original intent of a permit was on this. Nielsen explained that it was to require any type of home occupation to have some sort of a permit that's easy to get with limited administrative hassle and limited government intrusion, and to have people be aware of compliance regulations. Residents sometimes expect that a permit may be required and call to inquire about it. Callies agreed with the change. She stated that she thought publicizing was the key and this information should be included in the information for new residents. Callies raised a question on the draft on page 4, paragraph 2c, last sentence, "None of the above shall service more than one person at a given time" . Nielsen clarified this to mean no more than one person in the house at one time. Callies requested the wording be changed to read, ". . . one person in the home at a given time" . PLANNING COMMISSION MINUTES SEPTEMBER 1, 1998 - Page 4 Anderson stated he agrees with the changes and added that he thought the old system was intrusive. Chair Borkon questioned the wording on page 1, paragraph 1 of the draft and suggested the phrase" rather than through a legislative hearing process" be deleted. The Planning Commission members agreed to change the draft to leave off this phrase. Bailey moved, Anderson seconded to approve the draft of Home Occupations with changes as stated above. Motion passed 5/0. 3. DISCUSS EXPANSION OF HOW ARDS POINT MARINA - STUDY SESSION Nielsen stated that the Comprehensive Plan is currently being reviewed. One issue in the Land Use Section addresses lake shore recreational uses. There are 3 marines in town and they exist as a non-conforming use in residential zoning districts. He stated that we need to bring the marinas in compliance with city standards. He explained that the issues to be addressed are to make them conforming in residential districts. He explained that the Comprehensive Plan suggests the . Planning Commission take a look at the ordinance to see why properties cannot be in compliance or eliminate that section of the ordinance and leave marinas as they exist. Howards Point Marina is interested in acquiring land north of them, but are currently unable due to the current ordinance. They sent a letter to the city requesting this issue be moved up on the agenda. In the letter, Mr. Brecke has highlighted the sections of the ordinance that he feels need revision in order to make it possible for the marina to comply with the city's code. Nielsen posed the question of what level of nonconformity is the city willing to live with. One of the issues is that Howards Point has a single family dwelling on the land, which is not a permitted use in LR district. He also pointed out the question of will there be a program to gradually eliminate the house in order to comply, or will the ordinance be changed to include single family residential. He explained that LMCD's primary concern is how the water is used and that Shorewood's concern is how the land is used. Chair Borkon opened up to public discussion. . Jerry Brecke, 27450 Pine Bend Road, was present as a board member of the Marina. He explained that the marina is under a unique ordinance. He stated that in the past in order to add slips, the marina would take out a barrier to make room. He said that they don't want to go through a hearing every time changes need to be made, but now they have outgrown their boundaries. He reviewed the letter he compiled and the proposed changes. Mr. Brecke stated that the marina has not signed a purchase agreement yet. He explained that the seller asked if the marina wanted to buy the land. It is lakeshore property, however, there is no room for more slips. The space may be used for extra parking in the future. The land has a single family home on it and is intended to remain there. Chair Borkon asked the Planning Director to verify that only discussion is requested on this topic and he confirmed. He clarified that the Council asked the Planning Commission to look at each provision and see if it can be made to comply with the ordinance at another study session. PLANNING COMMISSION MINUTES SEPTEMBER 1, 1998 - Page 5 David Polley, 27635 Island View Road, confirmed he had no further comments on this issue. Nielsen stated that this issue will be studied at the September 16 meeting, and move the Comprehensive Plan Study Session to the first meeting in October. 4. CITY ACOUISITION OF PROPERTY AT 25720 STATE HIGHWAY 7 Callies excused herself due to her law firm representing a matter that is potentially affected by this situation. . Nielsen reviewed the background on this acquisition. The City Council has asked the Planning Commission to review this property acquisition and comment on its consistency with the Comprehensive Plan, and provide feedback to the Council. The Council will review this issue at their September 14 meeting. He explained that the city has been approached by Mr. and Mrs. Wagner to sell their single family residential property to the city. The city attorney said the Planning Commission should not concern themselves with the fact that it is part of a law suit and they should treat it as any acquisition. The Planning Commission is to consider what the potential uses would be. One of the most difficult issues in developing a site is its access. Chair Borkon requested that the Planning Director outline where this does not align with the Comprehensiv:e Plan. It was noted that parks would be one and she would like to approach this issue in that manner. Nielsen confirmed that parks is the most specific discrepancy. Chair Borkon opened the issue for discussion among the Planning Commission and stated if public comments were available they may add to the discussion. . Bill Colopoulos, 26215 Shorewood Oaks Drive, stated that Little league baseball is very interested in this property and there is a funding possibility from sporting organizations. He suggests a very detailed analysis be made if this purchase is made, which could take longer than time allows. Chair Borkon questioned if there would be language integrated into the Comprehensive Plan regarding acquisition of land for specific purposes. She also questioned if this land is used for park property, will the issue of traffic arise. Nielsen explained that the Comprehensive Plan specifically talks about changing the southerly access and thereby alleviating traffic problems. He also stated that there has been language drafted regarding the preservation of open space. The report from the Land Conservation Committee may be more specific. Bailey questioned whether the Comprehensive Plan prohibits acquisition of more park land. Nielsen agreed it is soft language in the Comprehensive Plan and this is a discrepancy with the Plan. Anderson questioned if there is a long term plan for Freeman Park by the Park Commission. Mr. Colopoulos confirmed that the Park Commission does have a couple of plans under review, but the only plan for major reconfiguring of parks is in Freeman Park. He has heard complaints that PLANNING COMMISSION MINUTES SEPTEMBER 1, 1998 - Page 6 parking is inadequate. He stated that the Park Commission has not explored acquiring more land. Anderson stated that he is aware that the entrance off of Highway 7 is dangerous and asked if the Park Commission has explored changing that entrance. Council Liaison O'Neill stated that MnDOT is in favor of this change. Chair Borkon posed the question that if this property were acquired, would it have to be for parks. Council Liaison O'Neill replied it wouldn't have to be, although this is an option. She stated that she has a concern about all of the areas being covered in the Comprehensive Plan and continued that she thinks there are a lot of reasons to acquire this land--one could be. for senior housing or selling to a developer. Scott Zerby, 5680 Christopher Road, questioned for what reason the land is becoming acquired. It was noted that it was becoming a for-profit acquisition. Mr. Zerby asked if there was some way to bring it before the citizens. Council Liaison O'Neill stated that these questions were . addressed at the last Council meeting and that the Council's attorneys advised against purchasing with the idea of reselling for a profit. Mr. Zerby clarified that on the map it showed 7 lots and questioned who would develop those lots. Nielsen replied that this could be a possibility if someone other than the city purchased the land. Discussion took place around budgetary issues and expenditures. Nielsen stated that Eagle Crest had a purchase agreement on the property but hasn't performed on it and it is past the original terms of purchase. He reiterated that the Commission is not to concern themselves with this legal issue. Bud Cook, Galpin Lake Road, stated he has several concerns on the acquisition of this property. He is concerned about the possibility that Eagle Crest wins the law suit and the legal entanglement. He stated that legal issues cannot be kept separate from purchasing because of this issue and that taxes may be too high. He explained that we may spend $237,000 for land and . it's coming from the residents' taxes. Another concern Mr. Cook stated is about dividing the property into seven lots. He reiterated that Shorewood would only receive $3,700 in taxes, but what is the impact on the school district. School taxes seem to be three times of what we pay in city taxes. He brought up the question of traffic, stating that when Eagle Crest was involved, traffic would be rerouted out to Eureka; where would this traffic go with the city acquiring the land. Chair Borkon clarified that if Eagle Crest did win the law suit to own the property and we would have already purchased this property, there wouldn't be a problem. Nielsen clarified that the schools would receive $15,320 plus more children to put in the district. Laura Turgeon, 24670 Amlee Rd, stated she is not against acquiring the property, but the problem is with the timing. If we're going to do this, it should be supported by organized sports leagues. She also pointed out that there are some inconsistencies with the Comprehensive Plan. She further stated that we have a moratorium on PCS and we must recreate the policy stating if PLANNING COMMISSION MINUTES SEPTEMBER 1, 1998 - Page 7 we can put a tower in residential areas. She questioned where the $237,000 is coming from. . She stated concern about the city getting ahead of itself on this issue. Mr. Colopoulos voiced concerns on the telecommunications tower and whether it is mandated by the FCC. He concluded by stating that the citizens would not agree with building a tower in their neighborhood. Nielsen mentioned the open space option, that the City is considering buying the property and selling part of it to build a single family home. This is one option offered by the Land Conservation Committee. Chair Borkon reiterated the question of what do we need to do to the Comprehensive Plan to make this acquisition fit in it. She confirmed she has trouble believing it is a separate issue from the legal issue. She stated that she thinks this can work if several places are changed in the Comprehensive Plan's language. . Chris Lizee, 27055 Smithtown Rd,questioned if copies of the documents can be made available to the public. She questioned the meaning of actively seeking or acquiring wetland. Nielsen explained that the city has done that through the subdivision process in most cases. Mrs. Lizee also expressed concern on financial issues, funding, and cash flow. She also remarked that the letter from Mark Kelly, attorney, stated the property is subject to an existing agreement and that the city should be more concerned about the existing agreement. Bailey voiced his opinion that the timing is not the best. He thought it would be better if a couple things were in order, although, opportune investments are sometimes necessary. City's sometimes have to take action on things in a strange order. He doesn't find it to be an inappropriate investment to the city. He stated that he thinks the Comprehensive Plan is consistent especially with the changes already made to the land use. This purchase shouldn't be hinged on the telecommunications tower, but it will be a viable site for it. . Anderson stated that he thinks it is a good opportunity for the city to purchase the property. He further stated that the city should work with parks and nonprofit organizations and exercise any options there. The intent is to increase the park and the facilities there. He explained that he is in favor of fee oriented services. He thought the park users should be the ones to ask to acquire more land. He concluded by saying it is an opportunity that should be looked into, although the timing is never good, and he thinks we are in line with Comprehensive Plan. Collins thanked everyone in the audience and stated he will not take a side. He stated that this is something the City should continue to look into: 5. MA TTERS FROM THE FLOOR - None. 6. REPORTS Bailey stated he will not be here for the September 16th meeting. Collins stated he will be unavailable starting immediately until mid November due to personal reasons. PLANNING COMMISSION MINUTES SEPTEMBER 1, 1998 - Page 8 7. ADJOURNMENT Collins moved, Bailey seconded to adjourn the meeting. Meeting adjourned at 10:12 p.m. Motion passed 5/0. RESPECTFULLY SUBMITTED. Christine Moksnes Recording Secretary TimeSaver Off-Site Secretarial, Inc. . . .' ~ WSB F I LB[ MClJPp.V Beet A. Weiss. P.E. Peter R. WiUenbring, P .E. Donald W. Seema. P.E. Ronald B. Bray, P.E. 350 Westwood Lake Office 8441 Wayzata Boulevard Minneapolis, MN 55426 . 2. 3. 4. . 5. 6. & Associates, Inc. September 21, 1998 612-541-4800 FAX 541-1700 ,/ --1 -_' ' .' \....-1 ~,,! ~'.~.-' . J. Mr. Larry Brown City ofShorewood 5755 Country Club Road Shorewood. MN 55331-8927 Re: ReVIew COmmertts.---~_..._, Christmas Shores Additioo.~' ......-WSB-Projecnro:-r074.27 .i~iIO ~?~nW1~~ ,f :/ ::>t.:.... 2"" ! ! G1SE8i f . I ! By , Dear Mr. Brown: We have received the plat and construction plans for the above-referenced project and during the course of our review, noticed issues that will need to be incorporated into the final plans. We, therefore, are offering the following comments: 1. As noted in you initial review comments, the subdivision entrance has only a 25 foot tangent section from the intersection to the first curve. We concur that it would be advantageous for traffic flow to make this length at least 45 feet. It appears that this realignment could be achieved by moving the first curve further west Lot sizes would not be severely impacted. Sheet 3 shown MH-l with an invert labeled as 6" pipe. We believe this is a typographical error and should read 8". Sheet 3 in the plans shows a service cOImection directly into MH-3. All services must connect to sanitary sewer mains. No connections to manholes will be allowed. In an effort to reduce InflowlInfiltration into the sanitary sewer system, all manholes are to include flexible watertight "chimney seal" from the casting to the cone section. Additionally, all casting frames should be bolted through the adjusting rings into the cone sections. In compliance with your previous comments, the new roadway profile has a maximum slope of 5.78%. A storm sewer profile from FES-6 to CBMH-9 needs to be shown on the plans. All other comments from previous review have been addressed in this submittal and we fOWld no other outstanding issues with the proposed project from an engineering standpoint Please give me a call at 541-4800 if you have any questions or comments regarding this letter. Sincerely, WSB & Associates, Lr JA lL rJ; tY John R. Bradford. P.E. Project Engineer c: Troy Gamble, Roger A. Anderson & AssociateS, Inc. Don Sterna. WSB & Associates JB/nm/sm :#'M lnfrastntcture Engineers Planners c'.)L\L OP!'()R7:.'.;;T: E.\IP~,j';E? :.. ;VP!V'.v :'0-~ :".;~)_' .' CITY OF SHOREWOOD RESOLUTION NO. A RESOLUTION APPROVING THE FINAL PLAT OF CHRISTMAS SHORE WHEREAS, the final plat of Christmas Shore has been submitted in the manner required for the platting of land under the Shorewood City Code and under Chapter 462 of Minnesota Statutes, and all proceedings have been duly had thereunder; and WHEREAS, said plat is consistent with the Shorewood Comprehensive Plan and the regulations and requirements of the laws of the State of Minnesota and the City Code of the City of Shorewood. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: . I. That the plat of Christmas Shore is hereby approved. 2. That the approval is specifically conditioned upon the tenns and conditions contained in the Development Agreement for Christmas Shore, attached hereto and made a part hereof. 3 . That the Mayor and City Administrator/Clerk are authorized to execute the Certificate of Approval for the plat and the said Development Agreement on behalf of the City Council. 4.. That the final plat, together with this resolution, the Development Agreement attached hereto, and the Declaration of Covenants, Conditions and Restrictions for Christmas Shore, attached hereto, shall be recorded within thirty (30) days of the date of certification of this Resolution. . BE IT FURTHER RESOLVED, that the execution of the Certificate upon said plat by the Mayor and City Administrator/Clerk shall be conclusive, showing a proper compliance therewith by the subdivider and City officials and shall entitle such plat to be placed on record forthwith without further formality, all in compliance with Minnesota Statutes and the Shorewood City Code. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 28th day of September 1998. Tom Dahlberg, Mayor ATTEST: James C. Hurm, City Administrator/Clerk CITY OF SHOREWOOD DEVELOPMENT AGREEMENT CHRISTMAS SHORE . THIS AGREEMENT, made this _ day of _ , 1998, by and between the CITY OF SHOREWOOD, a Minnesota municipal corporation, hereinafter referred to as the "City", and KEITH WATERS Ai'ID ASSOCIATES, hereinafter referred to as the "Developer". WHEREAS, the Developer has an interest in certain lands legally described in Exhibit A, attached hereto and made a part hereof, which lands are hereinafter referred to as the "Subject Property"; and WHEREAS, Developer proposes to develop the Subject Property into six (6) single-family residential lots and one (1) outlot; and WHEREAS, the Developer has made application for a preliminary plat for the property with the Zoning Administrator, which preliminary plat was considered by the City Planning Commission at their meeting held on 7 July 1998, and at a meeting of the City Council on 27 July 1998; and WHEREAS upon recommendation of the City Planning Commission, the City Council did consider and grant preliminary plat approval as set forth in the minutes of the 27 July 1998 City Council meeting; and WHEREAS, the Developer has filed with the City the Final Plat for "Christmas Shore", a copy of which plat is attached hereto and made a part hereof as Exhibit B; NOW, THEREFORE, in consideration of the mutual covenants and guarantees contained herein, the parties hereto agree as follows: . 1) Conditions of Approval - The Developer shall comply with the conditions of approval as recommended by the Planning Commission. In addition, development of the property is subject to the requirements of the R-1NS, Single-Family Residential/Shoreland zoning district. (01) Minimum setbacks (for all structures) shall be as follows: (a) Front: (b) Rear: (c) Side: 50 feet 50 feet Total 30 feet with no one side less than 10 feet 50 feet 75 feet (d) Side yard abutting a street: (e) Lake setback (from O.H.W.L.) (02) Maximum building height, as defined by the Shorewood Zoning Code, shall be two and one-half stories or 35 feet, whichever is less. 1 (03) Use of Outlot within the plat: Outlot A shall be owned and maintained by the Christmas Shore Homeowner' Association. The Developer shall grant drainage and utility easements to the City of Shorewood for purposes of maintaining a storm drainage pond on the outlot. 2.) Improvements Installed bv Developer - Developer agrees at its expense to construct, install and perform all work and furnish all materials and equipment in connection with the installation of the following improvements: (01) (02) (03) (04) (05) . (06) (07) All site grading including building pad correction where needed; Street grading, stabilizing and bituminous surfacing; Surmountable concrete curb and gutter; Sanitary sewer; Storm sewer and surface water drainage facilities; Street name signs and traffic control signs; Required landscaping and reforestation; consistent with the plans and specification prepared by Roger A. Anderson & Associates, Inc., dated 11 September 1998, and received and approved by the City Engineer. It is understood that underground utility lines, including gas, electric, telephone, and television cable shall be installed by the respective private utility companies pursuant to separate agreements with the Developer. 3.) Final Plat. Gradinl:. Drainal:e and Utility Plan. Building Plan - The Developer has filed with the City Clerk the final plat titled Christmas Shore for the development of the Subject Property. Said plat is attached hereto and made a part hereof as ExhibitB. Said final plat, together with the grading, drainage, and utility plans, referenced in paragraph 2 above and this Development Agreement, is herewith adopted and approved by the City. . 4.) Pre-construction Meeting - Prior to the commencement of construction, Developer or its engineer shall arrange for a pre-construction meeting to be held at Shorewood City Hall. Such meeting shall be coordinated with the City Engineer and shall include all appropriate parties specified by the City Engineer. 5.) Standards of Construction - Developer agrees that all of the improvements set forth in paragraph 2 above shall be constructed and installed in accordance with engineering plans and specifications approved by the City Engineer and the requirements of applicable City ordinances and standards, and that all of said work shall be subject to final inspection and approval by the City Engineer. 2 . 6.) Materials and Labor - All of the materials to be employed in the making of said improvements and all of the work performed in connection therewith shaII be of uniformly good and workmanlike quality, shall equal or exceed the quantities and qualities required by the approved plans and specifications, and shall be subject to inspection and approval of the City, which approval shall not be unreasonably withheld if the materials and work are consistent with the plans and specifications and the standards set forth herein. In case any materials or labor supplied shall be rejected by the City as defective or unsuitable, then such rejected materiaIs shall be removed and replaced with approved materiaIs, and rejected labor shall be done anew to the satisfaction and approval of the City at the cost and expense of Developer. 7.) Schedule of Work - The Developer shall submit a written schedule in the form of a bar chart indicating the proposed progress schedule and order of completion of work covered by this Agreement. It is understood and agreed that the work set forth in paragraph 2, except the final lift of asphalt, shall be performed to be completed by 1 July 1999. The final lift of asphalt shaII be completed by 31 October 1999. Upon receipt of written notice from the Developer of the existence of causes over which the Developer has no control, which will delay the completion of the work, the City, at its discretion, may extend the dates specified for completion. 8.) As-Built Plan - Within sixty (60) days after the completion of construction of the Improvements, Developer shaII cause its engineer to prepare and file with the City a full set of "as-built" plans, including a mylar original and two (2) black line prints, showing the instaIlation of the Improvements within the plat. Failure to file said "as- built" plans within said sixty (60) day period shall suspend the issuance of building permi~ and certificates of occupancy for any further construction within the plat. 9.) Easements - Developer, at its expense, shall acquire all easements from abutting property owners necessary to the installation of the sanitary sewer, storm sewer, and surface water drainage facilities within the plat, if and to the extent required by the Minnehaha Creek Watershed District, and thereafter promptly assign said easements to the City. . The Developer has arranged with Minnegasco for the release of an existing gas main easement located on the property, subsequent to the installation of a new gas main and services as part of the Christmas Shore project. 10.) Pre-existing Drain Tile - All pre-existing drain tile disturbed by Developer during construction shall be restored by Developer. 11.) Stakin!:. Survevin!: and Inspection - It is agreed that the Developer, through its engineer, shall provide for all staking and surveying for the above-described improvements. In order to ensure that the completed improvements conform to the approved plans and specifications, the City will provide for resident inspection as determined necessary by the City Engineer. 12.) Gradin!:. Draina!:e. and Erosion Control - Developer, at its expense, shaII provide grading, drainage and erosion control plans to be reviewed and approved by the City Engineer. Said plans shall provide for temporary dams, earthwork or such other devices and practices, including seeding of graded areas, as necessary, to prevent the washing, flooding, sedimentation and erosion of lands and streets within and outside the plat during all phases of construction. Developer shall keep all streets within, and adjacent to, the plat free of all dirt and debris resulting from construction therein by the Developer, its agents or assignees. 3 13.) Street Signs - Developer, at its expense, shall provide standard city street identification signs and traffic control signs in accordance with the Minnesota Manual on Uniform Traffic Control Devices, as directed by the City Engineer. . 14.) Access to Residences - Developer shall provide reasonable access; including temporary grading and graveling, to all residences affected by construction until the streets are accepted by the City. 15.) Occupancv Permits - The City shall not issue a certificate of occupancy until all Improvements, except for the final lift of asphalt, set forth in paragraph 2 are completed and approved by the City Engineer. 16.) Final Inspection - At the written request of the Developer, and upon completion of the Improvements set forth in paragraph 2 above, the City Engineer, the contractor, and the Developer's engineer will make a final inspection of the work. When the City Engineer is satisfied that all work is completed in accordance with the approved plans and specifications, and the Developer's engineer has submitted a written statement attesting to same, the City Engineer shall recommend that the improvements be accepted by the City. . 17.) Convevance of Improvements - Upon completion of the installation by Developer and approval by the City Engineer of the improvements set forth in paragraph 2 above, the Developer shall convey said improvements to the City free of all liens and encumbrances and with warranty of title, which shall include copies of all lien waivers. Should the Developer fail to so convey said improvements, the same shall become the property of the City without further notice or action on the part of ei ther party hereto, other than acceptance by the City. 18.) Replacement - All work and materials performed and furnished hereunder by the Developer, its agents and subcontractors, found by the City to be defective within one year after acceptance by the City, shall be replaced by Developer at Developer's sole expense. Within a period of thirty (30) days prior to the expiration of the said one-year period, Developer shall perform a televised inspection of all sanitary sewer lines within the plat and provide the City with a VHS videotape thereof. 19.) Restoration of Streets. Public Facilities and Private Properties - The Developer shall restore all City streets and other public facilities and any private properties disturbed or damaged as a result of Developer's construction activities, including sod with necessary black dirt, bituminous replacement, curb replacement, and all other items disturbed during construction. 20.) Reimbursement of Costs - The Developer shall reimburse the City for all costs, including reasonable engineering, legal, planning and administrative expenses incurred by the City in connection with all matters relating to the administration and enforcement of the within Agreement and the performance thereof by the Developer. Such reimbursement of costs shall be made within thirty (30) days of the date of mailing .of the City's notice of costs to the address set forth in paragraph 28 below. 21.) Claims for Work - The Developer or its contractor shall do no work or furnish no materials not covered by the plans and specifications and special conditions of this Agreement, for which reimbursement is expected from the City, unless such work is first ordered in writing by the City Engineer as provided in the specifications. Any such work or materials which may be done or furnished by the contractor without such written order first being obtained shall be at its own risk. cost and expense. 4 . 22.) Suretv for Improvements - Deposit or Letter of Credit - For the purpose of assuring and guaranteeing to the City that the improvements to be constructed, installed and furnished by the Developer as set forth in paragraph 2 above, shall be constructed, installed and furnished according to the terms of this Agreement, and to ensure that the Developer submit to the City as-built plans as required in paragraph 8 and that the Developer pay all claims for work done and materials and supplies furnished for the performance of this Agreement, the Developer agrees to furnish to the City either a cash deposit or an irrevocable letter of credit approved by the City in an amount equal to 150% of the total cost of said Improvements estimated by the Developer's engineer and approved by the City Engineer. Said deposit or letter of credit shall remain in effect for a period of one year following the completion of the required improvements. The deposit or letter of credit may be reduced in amount at the discretion of the City upon approval by the City of the partially completed Improvements, but in no event shall the deposit or letter of credit be reduced to an amount less than 125% of the cost of the remaining Improvements. At such time as the Improvements have been approved by the City, such deposit or letter of credit may be replaced by a maintenance bond. 23.) Insurance - The Developer shall take out and maintain during the life of this agreement public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's work or the work of their subcontractors, or by one directly or indirectly employed by any of them. This insurance policy shall be a single limit public liability insurance policy in the amount of $1,000,000.00. The City shall be named as additional insured on said policy and the Developer shall file a copy of the insurance coverage with the City. Prior to commencement of construction of the Improvements described in paragraph 2 above, the Developer shall file with the City a certificate of such insurance as will protect the Developer, his contractors and subcontractors from claims arising under the workers' compensation laws of the State of Minnesota. The insurance coverage required hereby may be supplied by the Developer's contractors and subcontractors, thereby satisfying the requirements of this section. . 24.) Laws. Ordinances. Regulations and Pennits - Developer shall comply with all laws, ordinances, and regulations of all regulatory bodies having jurisdiction of the Subject Property and shall secure all pennits that may be required by the City of Shorewood, the State of Minnesota, the Minnehaha Creek Watershed Districts, and the Metropolitan Waste Control Commission before commencing development of the plat. 25.) Local Sanitary Sewer Access Charges (LSSAC) - Developer shall, prior to release of the final plat by the City, make a cash payment to the City in the sum of $5000 ($1000 for each lot) as local sanitary sewer access charges. Credit has been given for Lot 2, Block 1. 26.) Park Fund Pavment - Developer shall, prior to release of the final plat by the City, make a cash payment to the City in the sum of $5000 ($1000 for each lot) for the Park Fund. Credit has been given for Lot 2, Block 1. 27.) Tree Preservation Measures - The City has adopted a Tree Preservation Policy ("Policy") which has been incorporated into the City Code. In addition to the Policy, the Developer has prepared and the City has reviewed a detailed tree preservation plan prepared by Close Landscape Architecture dated 11 September 1998 ("Plan"). 5 The Developer agrees that the tree preservation measures provided for in the Policy and in the Plan are the responsibility of the Developer, and that the Developer shall also be responsible for any acts of its subcontractors or agents which are in violation of either the Policy or the Plan. As partial security for its obligation under this paragraph 27, the Developer agrees that prior to the issuance of each building permit, it will provide for two thousand dollars ($2000) in cash or letter of credit per lot to be deposited with the City as security for such obligation. 28.) Notices - All notices, certificates and other communications hereunder shall be sufficiently given and shall be deemed given when mailed by certified mail, return receipt requested, postage prepaid, with proper address as indicated below. The City and the Developer by written notice given by one to the other, may designate any address or addresses to which notices, certificates or other communications to them shall be sent when required as contemplated by this Agreement. Unless otherwise provided by the respective parties, all notices, certificates and communications to each of them shall be addressed as follows: . To the City: Zoning Administrator CITY OF SHOREWOOD 5755 Country Club Road Shorewood, Minnesota 55331 With a Copy to: Shorewood City Attorney c/o Kennedy & Graven, Chartered 470 Pillsbury Center 200 So. Sixth Street Minneapolis, MN 55402 To the Developer: Keith Waters Keith Waters & Associates, Inc. 6216 Baker Road, Suite llO Eden Prairie, MN 55346 . 29.) Proof of Title - Developer shall furnish a title opinion or title insurance commitment addressed to the City guaranteeing that Developer is the fee owner or has a legal right to become fee owner of the Subject Property upon exercise of certain rights and to enter upon the same for the purpose of developing the property. Developer agrees that in the event Developer's ownership in the property should change in any fashion, except for the normal process of marketing lots, prior to the completion of the project and the fulfillment of the requirements of this Agreement, Developer shall forthwith notify the City of such change in ownership. Developer further agrees that all dedicated streets and utility easements provided to City shall be free and clear of all liens and encumbrances. 30.) Indemnification - The Developer shall hold the City harmless from and indemnify the City against any and all liability, damage, loss, and expenses, including but not limited to reasonable attorneys' fees, arising from or out of the Developer's performance and observance of any obligations, agreements, or covenants under this Agreement. It is further understood and agreed that the City, the City Council, and the agents and employees of the City shall not be personally liable or responsible in any manner to the Developer, the Developer's contractors or subcontractors, materialmen, laborers, or any other person, firm or corporation whomsoever, for any debt, claim, demand, damages, actions or causes of action of 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. 6 31.) Declaration of Covenants. Conditions and Restrictions - Developer shall provide a copy of the Declaration of Covenants, Conditions and Restrictions, which Declaration shall include the City as a signatory thereto, for review and approval by the City prior to recording. 32.) Remedies Upon Default - . (01) Assessments. In the event the Developer shall default in the performance of any of the covenants and agreements herein contained and such default shall not have been cured within thirty (30) days after receipt by the Developer of written notice thereof, the City may cause any of the improvements described in paragraph 2 above to be constructed and installed or may take action to cure such other default and may cause the entire cost thereof, including all reasonable engineering, legal and administrative expense incurred by the City to be recovered as a special assessment under Minnesota Statutes Chapter 429, in which case the Developer agrees to pay the entire amount of such assessment within thirty (30) days after its adoption. Developer further agrees that in the event of its failure to pay in full any such special assessment within the time prescribed herein, the City shall have a specific lien on all of Developer's real property within the Subject Property for any amount so unpaid, and the City shall have the right to foreclose said lien in the manner prescribed for the foreclosure of mechanic's liens under the laws of the State of Minnesota. In the event of an emergency, as determined by the City Engineer, the notice requirements to the Developer prescribed by Minnesota Statutes Chapter 429 shall be and hereby are waived in their entirety, . and the Developer shall reimburse the City for any expense incurred by the City in remedying the conditions creating the emergency. (02) Performance Guaranty. In addition to the foregoing, the City may also institute legal action against the Developer or utilize any cash deposit made or letter of credit delivered hereunder, to collect, pay, or reimburse the City for: (a) The cost of completing the construction of the improvements described in paragraph 2 above. . (b) The cost of curing any other default by the Developer in the performance of any of the covenants and agreements contained herein. (c) The cost of reasonable engineering, legal and administrative expenses incurred by the City in enforcing and administering this Agreement. (03) Additional Remedies. Notwithstanding any other remedy available to the City under this Agreement, the City may elect to proceed under this paragraph to remedy a violation of Developer's obligations under paragraph 27 hereof. (a) Upon discovery of an apparent violation of the Plan or Policy, the City will notify the Developer in writing of the violation. The notice will contain a description of the circumstances constituting the violation, the provision of the Policy or Plan which is apparently violated, the steps which must be taken to correct the violation and the date by which the compliance must occur. 7 (b) If compliance has not occurred within such time, or if the violation, by virtue of its repeated nature, seriousness or other factors are such that a penalty may be appropriate, the matter will be scheduled for a hearing by the City Council at a meeting not sooner than ten (10) days following the date on which written notice is mailed to the Developer. (c) Following the hearing, the Council shall render its decision in writing. If the Council determines that the Plan or Policy has been violated, (whether or not the violation has been corrected) it may take some or all of the following actions: (i) impose a monetary penalty of not more than $1000 for each violation. . (ii) order that the Developer stop work on all construction for which building permits have been issued; and withhold the issuance of additional building permits until it has received assurances satisfactory to the City that no future violations of the Plan or Policy are likely to occur. (iii) take any other actions or enforce any other remedies available to it under this Agreement, the Policy or the City Code. (03) Le~al Proceedings. In addition to the foregoing, the City may institute any proper action or proceeding at law or at equity to abate violations of this Agreement, or to prevent use or occupancy of the proposed dwellings. 33.) Headings - Headings at the beginning of paragraphs hereof are for convenience of reference, shall not be considered a part of the text of this Agreement, and shall not influence its construction. . 34.) Severability - In the event any provisions of this Agreement shall be held invalid, illegal, or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof, and the remaining provisions shall not in any way be affected or impaired thereby. 35.) Execution of Counte11'arts - This Agreement may be simultaneously executed in several counterparts, each of which shall be an original, and all of which shall constitute but one and the same instrument. 36.) Construction - This Agreement shall be construed in accordance with the laws of the State of Minnesota. 37.) Successors and Assigns - It is agreed by and between the parties hereto that the Agreement herein contained shall be binding upon and inure to the benefit of their respective legal representatives, successors, and assigns. 8 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year first above written. DEVELOPER CITY OF SHOREWOOD Keith Waters By: Its: Mayor A TrEST: City Administrator/Clerk . STATE OF MINNESOTA ss. COUNTY OF HENNEPIN On this day of , 1998, before me, a Notary Public within and for said County, personally appeared Tom Dahlberg and James C. Hurm to me personally known, who, being each by me duly sworn, did say that they are respectively the Mayor and City Administrator/Clerk of the municipal corporation named in the foregoing instrument, and that said instrument was signed and sealed on behalf of said corporation by authority of its City Council, and said Mayor and City Administrator/Clerk acknowledged said instrument to be the free act and deed of said corporation. Notary Public . STATE OF MINNESOTA ss. COUNTY OF HENNEPIN On this day of , 1998, before me, within and for said County, personally appeared Keith Waters, the Developer, described in and who executed the foregoing instrument and acknowledged that it executed the same as its free act and deed. Notary Public TIllS INSTRUMENT WAS DRAFTED BY: Shorewood Planning Department EDITED BY: Kennedy & Graven, Chartered 470 Pillsbury Center 200 So. Sixth Street Minneapolis, MN 55402 (JBD) 9 Existing Legal Description Parcell: That part of Lot 146, Auditor's Subdivision Number-One Hundred and Twenty. Hennepin County, Minnesota embraced within GOVt:mll1Cnt Ult S. Section 35. Township 117. Range 23. Parcel 2: . That part ofLat 146, Auditor's Subdivision Number One Hundred and Twenty, Hcm:lepin County, Minnesota. embracc:d widUn Government Lot 4. Section 35, Township 117, Range 23 except that part shown as hrcel216C on MiDnes0t3 Department ofT~on Right of Way Plat Numbered 27-66 and except that part of said Lat 146 which lies Northwesterly of the: following described line: Commencing at the Northea.~ comer of Section 35. Township 117, Range 23, Hennepin County, Minnesota; thence South along the East linc of said Sectio1l3S, a distance of 103.00 feet to the point ofbegjnning of the line [0 be descnbed. which line is hminaftcr referred to as .Line A": thence Southwesterly deflecting right 3i degrees 15 minuteS. 48 seconds, a disrance of 2224. 14 feet and said "tine A" theM ending and which lies North~y of the following described line: Be;iIming at the point of rermination of said "Line A"; thence Northwesterly deflecting right 88 degrees, 0 minull:S &om the: South~ extension of said -Line A", a distance of75.00 feet; thence Northwesterly to the Southwest comer of Lot 2. Auditor's Subdivision Number Two Hundred Forty-Six. Hennepin County, Minnesota and said tiDe thc:re ending. Parcel 3: That part ofLo[ 191. Auditor's Subdivision Number One Hundred and Twenty, Hennepin County, Minnesota, which lies Nonherly of the follo1loing described line: . Commencing at the Northeast comer of Section 35, Township IIi, Range 23, Hennepin County, Minnesota: thence South along the East line of said Sec:tion 3S a. distance of 103.00 feet: thence Southwesterl)- deflectin~ right 37 dcgrc:c:s 15 mUlurc:s 48 sec:on~ a. distance of 2224.14 feet to the point of beginning of the line to be dcsc:nbed: thence Southeasrerly dcflecrin, left 91 degrees 22 minutes 41 seconds a distance of 56.57 feet; then!;e Southeasterly deflecting right 9 degrees S5 minutes 43 seconds a distance of 148.95 feet; thence Northc:astl:r1y dc:flecriIIg left 68 degre:s 30 minurc:s 21 seconds to the:: shoreline of Christmas Lake and ~d line there en~. Parcel 4: Lot 190. and that part of Lot 191, which lies Southerly afme fonowing descnbed line: Cnm"'l"ft~g at the Northeast comer ofScction 35, Township 117, Range 23, Hennepin County, Minnesota; thence South along the East line of said Section 35 a c:iismnc: of 103.00 leer; thence Southwesterly deflecting right 31 degrees 15 minutes 48 seconds a. discmcc 0(2224.14 fcerm the point ofbeginninl: of the line La be de:scnbed: thence Southcasrc:rly dctlc:ctin{ left 91 degrec:s 22 minurcs 41 seconds a ~ of S 6.57 feet: thence Southeasterly deflecting righe 9 degrees 55 minutes 43 seconds a distance of 148.95 feet; thence Northea....terly deflecting left 68 degrees 30 IIlinutes 21 seconds to the shoreline of ChristmaS Lake and said line there ending. Auditor's Subdivision Number One Hundred md Twenty, Hennepin County, Minnesota, according to the plat thereof on file or of record in the office of the R..-gisrrar ofTicles in and for said County. Exhibit A . .-" .:p. 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'_....~" ........ ~.~.:"'il:......... .........".............. ...._ _........ _..... .... ,..... -.. I_I, ....., I, ....'......,...-....._."'"'-'0... ~,~-:~~ :~;:'.i:',.... -.... "''-...... ~........ ......... _. _ ___"'" .@. ......... .. r-,. ........ .. ..... .'--------...--...- ........ It. - "01'.1_.... I.. ~. l q!~(~B 2nd draft DECLAUTION OF COVENANTS CONDITIONS AND . RESTRlalONS FOR . CHRISTMAS SHORE t i , ~ DECLARATION OF COVENANTS CONDITIONS AND RESTRICTIONS FOR CHRISTMAS SHORE THIS DECLARATION, made this _ day of September, 1998, by Keith Waters & Associates, ("Developer"). WITNESETH: WHEREAS, Developer is the owner of the real property in the City of Shorewood, Minnesota ("City") described in Article II of this Declaration (the "Property"); and WHEREAS, Developer intends to develop the Property with subdivision improvements for single family detached homes and common areas and desires to provide for the preservation of the values and amenities in the community, for the maintenance of private open spaces and for a development which is . in harmony with the existing adjoining neighborhood and environment, and to these ends desires to subject the Property to the easements, restrictions, covenants, conditions, charges and liens set forth in this Declaration, each and all of which is and are for the benefit of the Property and each present and future owner thereof; and NOW, THEREFORE, Developer declares that the Property described in Article II, Section 1 hereof is, and shall be, held, transferred, sold, conveyed and occupied subject to the following covenants, conditions, restrictions, easements, charges and liens (sometimes referred to as "covenants and restrictions"), which covenants and restrictions shall run with the Property and be binding on all parties having any right, title or interest in the Property or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof: ARTICLE I DEFINITIONS The following words, when used in this Declaration (unless the context shall prohibit) shall have the following meanings: . (a) Association: Christmas Shore Homeowners Association, Inc., a Minnesota non-profit corporation, its successors and assigns. (b) Developer: Keith Waters and Associates, 6216 Baker Road, Suite 110, Eden Prairie, MN 55346 and/or assigns. (c) Common Areas: Outlot A, Christmas Shore (d) Mortgagee: any entity or person named as mortgagee in any mortgage deed granting a lien ("Mortgage") on any Lot. (e) Property: the property described in Article II, Section 1 made subject to this Declaration, and any additional property made subject to this Declaration pursuant to Article II. (f) Living Unit: a residential housing unit consisting of a group of rooms and hallways and attached garage which are designed and intended for use as living quarters for one family and located on a Lot. Ill......... ""' ::r 0 CD CD ""' Illml>> ~ 0 :J :Ja. 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'0 ~ o ..... o :f CD "0 a < iii' o' :J CJl (") ::r ""' iii' g m 1/1 en ::r o .... ~ Section 3, Landscaping Common Areas, The Association shall maintain mailboxes, trees, fountains and other landscaping, if any, lying within the Common Areas or the public street right of way adjoining the project, Section 4, Collection of Garbage, Should the City not provide garbage collection service to the Owners, the Association may be empowered to contract with private vendors for the collection of garbage in the Property, Section 5, Enforcement of Covenants and Restrictions; Architectural Control, The Association shall be responsible for the enforcement of the covenants and restrictions contained in this Declaration, and of the architectural controls imposed by Article VI. The Association shall take such action to enforce the restrictions imposed by the Architectural Control Committee. Section 6, Common Areas, The Association, subject to the rights of the Owners set forth in this Declaration, shall be responsible for the exclusive management and control of the Common Areas and all improvements thereon (including any equipment related thereto) and shall keep the same in good, clean, attractive and sanitary condition, order and repair. Common areas are described in Exhibit B. 1\ ARTICLE V ASSESSMENTS Section 1, Creation of Assessments, The Developer, for each Lot owned by him hereby covenants, and each Owner of any Lot, by acceptance of a deed for a Lot, whether or not it shall be so expressed in the deed or any conveyance, is deemed to agree to pay to the Association: (a) annual assessments, and (b) any Individual Lot Maintenance Assessments levied against the Owner's Lot pursuant to the provisions of this Declaration, Section 2. Purpose of Annual Assessments. The annual assessments shall be levied for the purpose of paying the costs associated with the duties of the Association as set forth in Article IV hereof, together with the incidental costs of operating the Association. Section 3, Levy of Annual Assessments. The annual assessment must be fixed at a uniform rate for each Lot; provided, however, that until a building permit is issued on a lot, there shall be no annual assessment. The annual assessment shall be due and payable each May 1, beginning on May 1, 1999. The annual assessment due May 1, 1999 shall not exceed $600.00 plus the actual cost of garbage removal service. For the following years, the annual assessment shall be levied by the Association, based upon a proposed budget. The annual assessment may be increased, without a vote of Membership, by a maximum of 8% per annum; provided that the costs of garbage removal service shall always be in addition to such increases. In order to increase the annual assessment more than the maximum amount established in this Section, a vote of 67% of all votes cast by the members present, in person or by proxy at a meeting of the Association called for that purpose shall be necessary. The Board of Directors of the Association shall fix the amount of the annual assessment in an amount not in excess of the maximum. The annual assessment for each year shall be fixed, and written notice provided to each Owner at least thirty (30) days prior to May 1 of the year in which the assessment is due. Failure to provide such notice, however, shall not render the assessment invalid. Section 4, Individual Lot Maintenance Assessments. 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Q)3 "0 (I) 2 5' ::3 CD CDQ)ctl =E'< a g:g.~::rQ)!'I a (I) ::3 Q. ~ - c - ctl ctl -. -.0 c 0 (1)::3 :J ::r"O ~ (I) 16~gs'~~ iil (I) -"0 ::3 Q, 0<D::rQ)-=- ::3~ctl.?-,<g 03()0""'ctl "'ctl ::rQ)o 0"::33(1).'" '<-30 5 "03-00tuctl aQ):J!!!. x =)>0(1))> '< ::r .., -.."i ::3 Q)Q)ctl su 0::3 - < Q) :J -. c Q)(I)-(I),<!!:!.!!:!. )>tu (I) ::3 (I) ctlo m =E 3 ::3 ctl (I) ::3 ..., ~ ......::- Q)::r <0(1) Q) :5" ~ !!t(l) ..... 0 :JOO ctl iii r'~ o 0 ..... ::3 g' 3 5:Q) ctl'< 8m (I) < -'< o ....,tu 5:::3 ctl "01\) (I) ~ ~.ctl o (I) ~ (I) 3 3 Q) ctl ::3 ::3 @- Q3- 8 @ .., - CD ::3 o!!:t ,...... .-. o'~ ~ . s- a. < 0. c !!:!. , 2 s: Q) 5 (j) ::3 Q) ::3 o (I) Section 2. Original Construction. A site plan, landscaping plan, tree preservation plan and plans and specifications for the construction of a Living Unit on any Lot shall be submitted to the Architectural Control Committee for its written approval before any construction activity is begun. Section 3. Review of Modifications. After the completion of an original Living Unit on a Lot, the construction or modification of any building or structure, including, but not limited to, fences, mailboxes, retaining walls, and exterior colors, shall require prior written approval by the Architectural Control Committee of the plans, specifications and samples for the construction or modification, in accordance with the standards set forth in Section 4 hereof. Section 4. Standard of Review. In addition to the standards set forth in Article X, the Architectural Control Committee may promulgate more detailed standards and procedures governing its areas of responsibility and practice. In addition, the following shall apply: the plans and specifications shall be reviewed as to quality of workmanship, design and harmony of external design with existing structures, topography, and finish grade elevation. No permission or approval shall be required to repaint in accordance with an originally. approved color scheme, or to rebuild in accordance with originally approved plans and specifications. Nothing contained herein shall be construed to limit the right of an Owner to remodel the interior of that Owner's residence or to paint or decorate the interior of that Owner's residence any color desired. . Section 5. Procedure. If the Architectural Control Committee fails to approve or disapprove plans and specifications within thirty (30) days after the submission of the same to it, approval will be deemed to have been granted. In the event of disapproval by the Architectural Control Committee, the requesting Owner may given written notice that the Owner wishes to appeal the Architectural Control Committee decision and request a hearing by the Association's Board of Directors. Such notice must be furnished to the Architectural Control Committee within ten (10) days of its decision. The hearing shall be at a special meeting of the Board of Directors to be held within thirty (30) days of the receipt of the Owner's notice .of appeal. Section 6. Removal and Abatement. The Architectural Control Committee or the Association shall have the right to order an Owner to remove or alter any structure on any Lot erected in violation of the terms of this Declaration, and to employ appropriate judicial proceedings to compel the alteration or demolition of any non-conforming construction or other violation. Any cost incurred by the Architectural Control Committee in enforcing this section shall be levied as an Individual Lot Maintenance Assessment as provided in Article V. Section 7. Variances. Reasonable variances to the covenants, conditions and restrictions may be granted by the Architectural Control Committee after review, in order to overcome practical difficulties or to prevent unnecessary hardship. A variance may only be granted if it is not detrimental to other property and shall not defeat the purpose of this Declaration. . ARTICLE VII RESERVED RIGHTS OF DEVELOPER IN THE COMMON AREAS i i f '! Developer shall, so long as a Class B Membership exists, have the following rights in the Common Areas: (a) To create or grant easements over and across the Common Areas (except that part of the Common Areas which are located in the public right-of-way) which Developer deems necessary to complete any residential development on any portion of the Property; (b) At Developer's expense, to construct improvements over, across and upon the Common Areas, o.<IIQl Ql 5: ::l 3 _.~ ~ n.Ql CD CD = a. 2. '< C/) O_CTCD ..... 0'< n 0.3::rd: CDQlCDO <II ~ ::2 ~CDll),&:lo. ~ Ql 2 . CD ::l ..... a. '< a. )> . ::l s.::2 CD 0::2 ~ _.c <lleoe!. &In:;o .,0 CD '<(j}< eo _. Cir ~::l:e Ql 0 ;;1" a. So CD Q....."O .....0& .{g ~ o. ~~~ 3 !!:l. 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ARTICLE XIII GENERAL PROVISIONS Section 1. Association Easement. The Association shall have an easement to enter upon any Lot in order to perform any obligations or duties of the Association hereunder, or to exercise any right or remedy of the Association hereunder. Section 2. Duration of Declaration of Covenants, Restrictions and Easements. The covenants, restrictions, and easements of this declaration shall run with and bind the land and shall inure to the benefit of and be enforceable by the Association or the Owner of any Lot subject to this Declaration, or their respective legal representatives, heirs, successors and assigns. The easements set forth herein shall be perpetual. The covenants and restrictions herein set forth shall have a term of ten (10) years from the date this Declaration is recorded, after which time, said covenants and restrictions shall be automatically renewed for successive periods of ten (10) years. The covenants and restrictions of this Declaration may be amended during the first ten (10) year period by an instrument signed by not less than seventy-five percent (75%) of the Owners and thereafter by an instrument signed by not less than sixty-seven percent (67%) of the Owners. Any amendment must be properly recorded. . Section 3. Enforcement. In the event any Owner fails to comply with the provisions of this Declaration, or the Bylaws or Articles of Incorporation of the Association or with decisions of the Association which are made pursuant thereto, such failure will give rise to a cause of action on the part of the Association, or any aggrieved Owner for ,the recovery of damages, including reasonable attorneys fees, or for injunctive relief, or both. Owners shall have a similar right of action against the Association. Enforcement of these covenants and restrictions may be by any proceeding at law or in equity. Section 4. Severability. Invalidation of any of these covenants or restrictions by judgment or court order shall in no way affect any other provision which shall remain in full force and effect. Section 5. Rules and Regulations. The Board of Directors of the Association may, from time to time, adopt such rules and regulations as the Board, in its sole discretion, deems appropriate or necessary, including, without limiting the generality of the foregoing, additional rules and regulations concerning the use of parking areas, maintenance of the Common Areas and additional rules and regulations concerning the appearance of each Lot and utilization of ponding areas. . Section 6. Rights of Developer. Until the last Lot is sold and conveyed to an Owner other than the Developer, the following activities by Developer or with the written consent of Developer will not be deemed violations of restrictions contained in t~is Declaration: (a) the use of a Lot or Lots for model and sales office purposes; j ! J f I"~ . '. (b) the storage of a construction trailer, equipment, materials and earth during the construction of new Living Units; (c) the display of signs advertising the Property. or new Living Units and the maintenance of temporary fencing, walkways, landscaping and berming in the vicinity of model and sales units. ARTICLE XIV RIGHTS OF MORTGAGEES Section 1. Mortgagee's Rights. Notwithstanding any other provisions of this Declaration, the Articles of Incorporation or the Bylaws of the Association, the provisions of this Article XIV shall control. ~ ~c~~Bc .cCllQ).c-Q)::J IIl__EIIl__:c8 OOiU'.cOCllU .cCo.U Ocll 3= 0 .- Q) .- ._ Q) .c .... 0.. C "Oro.c 3=.2 0.0 ffi~~.c~Cll5 .. :::: 0- t:: .!3 :;:: o g ~ ,g a 'E .~ ~ 53 .~ ~ -g ~ ~g Co l:! ~ C c>>.5 Il:' .- Q) - Q):sa~c>.Q) 010 Q) c.c Cll-~.cQ)Cll- Ol"Oolll.c__B t::~~cI-OQ) ~ ~ Q) 0 Ol:c C 8 ~ cD.5 cll CiiQ)::JOl....C:: ....Q)1Il:.::0CCll \i:.o _.0 E::J ~ cll_~O .... co.-........ 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C Q) 13ro roS III ro..e 3=~ c~ Q)- EO ::J_ .l:::53 III '0 ' ,5.- C Cl~g .5 a: ~ o 0 5r1lie- a lD 8 -- O)~O) ..e>fi I-..e-- _0 'CD ~ ~~ >-Q) .0 .0 .2 :c ::J a.. ~ ro o Z . . The City of Shorewood is a signature on this document. No changes may be made to the following Articles of this document without the express written consent of the City of Shorewood: Article X, Section 1,2 and 3. Article XI in it's entirety IN WITNESS WHEREOF, ,the of the City of Shorewood has executed this Declaration of Covenents, Conditions and Restrictions this day of , 1998. CITY OF SHOREWOOD By: It's STATE OF ~INNESOTA ] I : <- '. ,." \ ~) , ] SS -rr t..:,...~'ll",,--i' .<'^ : \'-..--' COUNTY OF CARVER ] The foregoing instrument was acknowledged before me this 1998 by , the on behalf of the municipal corporation, day of , of The City of Shorewood t l t r THIS INSTRUMENT WAS DRAFTED BY: EXHIBIT A Legal Description of the Property Lots 1 through 6, Block 1, Christmas Shore, Hennepin County Minnesota. . . I ; I' . . '... EXHIBIT B STORMWATER FACILITY MAINTENANCE AGREEMENT This maintenance is made this day of , 1998, by and between Keith Waters and Associates, hereinafter referred to as "Applicant," and the Minnehaha Creek Watershed District, hereinafter referred to as "MCWD", to provide for the maintenance of the stormwater facilities constructed pursuant to Minnehaha Creek Watershed District permit application number WHEREAS, Applicant has applied for a permit from the MCWD pursuant to MCWD Rule B, application attached hereto as Attachment 1, and WHEREAS, the property which is the subject of this Agreement is legally described as : Outlot A, Christmas Shores WHEREAS, MCWD Rule B provides, "A maintenance agreement shall be submitted for: stormwater treatment ponds, outlet structures for such ponds, culverts, outfall structures and all other stormwater facilities. This maintenance agreement shall specify methods, schedule and responsible parties for maintenance and must include at a minimum, the elements contained in the District's Maintenance Agreement Form." NOW THEREFORE IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES: 1. Applicant or it's representative shall inspect the stormwater retention and treatment basins at a minimum of once a year to determine if the basin's retention and treatment characteristics are adequate. A storage treatment basin will be considered inadequate if sediment has decreased the wet storage volume by 1/2 of its original design volume. Based on this inspection, if the stormwater basin is identified for sediment cleanout, Applicant or it's assigns shall restore the basin to its original design contours within one year of the inspection date. f I , 2. Applicant shall inspect the grit chambers, sump catch basins, sump manholes outlet structures, culverts, outfall structures or other stormwater facilities for the project in the spring and fall of each year. Applicant shall remove all sediment and debris during the inspections such that the stormwater facilities operate as designed and permitted. 3. Violation of the inspection and/or maintenance provisions of this Agreement is a violation of the MCWD permit for the project for which the MCWD may take action against Applicant or it's assigns. 4. This Agreement is binding on the Applicant and the Applicant's representative, heirs successors and/or assigns. The assigns for the Applicant will be: Christmas Shores Homeowners Association. CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (612) 474-3236 FAX (612) 474-0128. www.state.neUshorewood . cityhall@shorewood.state.net MEMORANDUM TO: Planning Commission, Mayor and City Council . FROlVI: Brad Nielsen DA TE: 28 August 1998 RE:' Hatcher, Jeffrey - Conditional Use Permit for Special Home Occupation FILE NO.: 405 (98.13) BACKGROUND . Mr. Jeffrey Hatcher recently purchased the home at 5935 Galpin Lake Road (see Site Vicinity map - Exhibit A, and Site Location map - Exhibit B, attached). He intends to use an existing carriage house on the property as a writing studio (see Applicant's Request Letter, dated 30 July 1998 - Exhibit C). Since Mr. Hatcher's work will be conducted within an accessory building, he has requested a conditional use permit, pursuant to Section 1201.03 Subd. 12 of the City Code. The property is zoned R-IC/S, Single-Family ResidentiallShoreland and contains approximately 41,727 square feet of area (.96 acre). It is bounded on three sides by single-family homes. Galpin Lake forms the property's easterly border. Exhibit D shows how the existing home, the detached accessory building and the driveway serving the property are situated on the site. The existing detached accessory building measures 20' x 23', which will be remodeled into the applicant's studio. The property also has a detached garage that accommodates the applicant's passenger vehicles. :#' $13 n , .. ~~I~'~T=C ;'j'~ ~~c/~:..-=: ~;.?!:;:- -.. .~ 1 . . Memorandum Re: Hatcher Home Occupation C.U.P. 28 August 1998 ISSUES AND ANALYSIS Shorewood's Zoning Code currently provides for two different classifications of home occupation, limited and special. The limited home occupation permit is handled administratively and is intended for very low key businesses, conducted entirely within the principal dwelling and only by residents of the property. Special home occupations may be conducted within an accessory building and allow one employee who does not reside on the premises to work at the site. Since the special home occupation has the potential for a higher level of activity, it requires the increased scrutiny of a conditional use permit. It is worth noting that the Planning Commission has recommended that the Zoning Code be amended, eliminating the permit requirement for limited home occupations. No change has been proposed, however, to the requirements for special home occupations. The requirements for a home occupation permit are addressed in a questionnaire which must by completed by the applicant (see Exhibit E). As mentioned earlier in this report, the business will be conducted entirely within the detached accessory building. The business makes use of an existing building, which will be remodeled inside, and parking is considered adequate to support the home occupation. In making its recommendation to the City Council, the Planning Commission should also consider the general requirements for conditional use permits found in Section 1201.04 Subd. l.d.(I) and Subd. 3.a. of the City Code. Based upon the applicant's responses to the home occupation questionnaire, the proposed home occupation is considered to be compatible with the residential area in which it will be located. RECOMMENDA nON Upon review of the applicable City Codes and the applicant's proposed use of the property, it is recommended that the conditional use permit be granted as requested. cc: Jim Hurm John Dean Larry Brown Jeffrey Hatcher -2- ~. . NORTH ~ NOT fu XAI~ t.~ ~ 1 i -.-. .... ....- .. ....... ..... .... EXCELSIOR BAY CHRISTMAS LAKE I . . . I \ ':--"--l \ i--\ I 1.---r\ I , , \ \ o ::or i -......... I ~'CITY OF SHOREWOOI? ---.., . , ........................~ ,.... <.(tJ "'cr ~ ,r,-c : . , , ,'" " ,. ,. ,. ,. ,. ,. \,. ,. ,. ,. ,. '" ,. ,."," \ ,. ,. ,. '" ,. ,. ,. ,. ,. .,. ",r .~) 10 : 7... I I --~-~T---- , ----~:..::.-\ I I ~.~ , 1..------ __-'_ ________.. : 4~ ..... I I '" , '" / , :/ ~ --------- / f--- I I , I , , I , I '" \ ---.~ " - ( 18) 192 -----------~~~~~~~~~z;~==::::~ , : ~- _ J (19) I -----------l----~------------------- I ~ :f6 (20)-:- 22) I-~----------------------- ;S (21) ..-: 1 I .' .-, :; -.., '" ~ ~ ~ ( If) .' ZTO.oJ 1 J I (32) !'l89.~ '35." 1 317.94 3) /96. Z5 : !;'O I 130.3,: ~ I LOT : 199 . ~ : '0 V: (16) : (15) :~ (55) ~ . a"'. _..... .;.....1,. ~76 -::.:~t .": ~ --,.. -' -=,. .:.1-16 Z I 149." "';::. :.' . J7! ':":::''::'F::':~' ......... .~ ......... I o."l:"'MURRA y ::,015, 129.3,. --', 343 I ...., "'1 ,,,," 58.09'. ,"'" .... J ".1 _.' :.....r48f . . I ~1 ,. -J . . " - ~ ,j ':.~ {01/:~ (25) J~"; I I I 100 CF (8) , , PART: I o. ~ I I I I. ~ " ~."~ '-- ';:1. J. ~ ;7 I 100 I --,. ....:.,' ...~ .,....., ~ ,''';'-'-00' ~ I _f '.' " P4",. 8: ,'''' ~ J~' : Or:- ,'RJ (9) I , , I , I , , I I I I I ",,<... ~~.~' ",' .." I i~ ,.., 8S <.-- (35) -. ....:... ... ... ". . :.J;: ~.:' ."" ..~ ~~~ ^B @K~ :\0 \gt ffJ g.l~ If ?'f\Cl iW \to.~~.V.\. , - ~ ~ It> N ~~ .....~ ~..... '.. 5T ~:J; ..:.: ~d' Gr" . NORTH 1" - 200' I: (4 J) I I I I I _' 1_,,:,-,_ .. , I I I I I I I I I I , I I 10 : -.-::.1__________ ( 4l .' .........' (38) , I , I " 110 I '---------, I , I I I 1 I , I , I , , I, , , I I , I ~: :~ t""~ I~ I,,., 1 I , I " - I I _..- :: ~. -. ,,-,..-~ :: \...~ .:3 I I..' j -,.: 8S : I , : .._ ._~.lC'. I I I I , I I I I , , I , I fl. __.... : ..-,"" - , I I 1Z1.3 a ( 42) (39; .:llO , , , , s; -, I ~ ~-----~~-----j ( 24) ( ..( Exhibit B SITE LOCATION Hatcher Special Home Occupation C.U.P. '" ~ " JEFFREY HATCHER 4836 11m A VENUE SOUTH MINNEAPOLIS, MN 55417-1105 PHONE: (612) 825-5071 FAX: (612) 823-0159 E-MAIL: HATCHERJP@AOL.COM July 30, 1998 TO WHOM IT MA Y CONCERN: . I'm a playwright and TV scriptwriter. My wife and I have recently purchased a house at 5935 Galpin Lake Road that has an old carriage house that would be perfect for an office/study. It is separate from the main house -- free standing -- and would allow me the privacy I crave for my work (we have a two year old son who loves to "help") and the space I need for my desk, computer, books, etc. The carriage house will require new insulation, flooring, dry-wall, phone/fax lines and heating. I foresee no other changes. I have no employees and no clients. There will not be any additional traffic in the neighborhood because of this office. My goal is simple: to set up a comfortable writer's studio and library where I can work. If you have any questions, please do not hesitate to contact me. . Yours, Exhibit C APPLICANT'S REOUEST LETTER Dated 30 July 1998 CERTIFICATE OF FOR ,JOHN C. $JOVALL SURVEY . NORTH I I . ~)(ISTlHG::1 FRIIME DIt'EU-ING l~ It 96~.7 96~7 tJ-l-' , . './ w'5.: 9" .35 ( -30- 92) ,', '- , !... j:', ,,' . ....... ;.. '.' I . , .. ~ "I , ~ " .~, y. ,:- I... '" 'l> ..; ~ 8 UTILITY EASEMENT..-,. LOT 4 , , " \ \ __ ,I \ I " --- , --- II _---- -1-~ 0' E.... _-- .... fiTS"'" 0 S/{(. .l'96~~,\ rtr SIlEO Scale: 1" = 40' o Denotes iron monument ne~r[ngs'shown are asswned K ~ Denotes eKlstlng eLevation (0.00)" denotes p-roposed .elevatLon Proposed garage elevation - 952.U: ~ _ Denotes drainage .E6.J6....... EAST I [lENCHNIlRK: SPIKE IN rowER POLE AT SOUTHWEST CORNER OF mOPERTr I nEVitT/ON- 9;7.70FEET N.G.V.O.1929 Area her.eby cer.ti[y that this is a true and correct representation of a survey Area E the boundaries 0[: Exhibit D PROPERTY SURVEY 1.ot J (lnd Lot I" (Hock l. Weyker Add I. tion, ncconling to the recorded pia t thereof ;Inti situate in Hennepin County, Minnesota t1Q J- _f~ \. HO~1E OCCUPATION QUESTIONNAIRE 1. What amount of light glare, noise, odor or vibration might the home occupation produce? A)(!JA.J~ - -r/ft;::i(F dl/'L.? LnF ~o ~4t/// Eipr/; jJ hi e:U-r tJ ~ EX reel a? ?rc::. If 71/C/O:- - Po 0 Llo;e 2. What, if any, type of equipment will be used in the home occupation? (I ntl1 ~ t/ ~ - IthdF- ;:)(-'1.- 1~/AJ~d . 4. 3. What percentage of your house will be used for the home occupation? /li1'.> /~ A 1iff5--1iWtJllJ~ (J~;ef;(rf:C !ft;r/.5E r;411' 10% ~F ~- ~(Jtr1-& of 107"At- ~()/t...!JI,I()~ ~rJ~ Will any internal or external alte.."ation or construction of the house be required as ~ result of the home occupation? V.cr3 - /d r8J? AJm- ?nJ ~~/. ~ ~ /td.5v.t.A-Tiq"J,., LJ~Y-c/-1t...-t. 5. Where will equipment or materials used in the home OCCtlparion be stored? I JJ ;Iff- c# tI (,;fG-~ /fr1 tI.5e I A-) 0- ?J=r C e . 5;JAL C /JD 6. Is there any signage planned for the home occupation? 7. What are the hours of opera~on1 #/. f-S i. . ! 8. Where will parking of vehicles in conjunction with the home occupation be provided for on the premises? (attached copy of site plan or survey) b~ rJdrL'~ ~ 1~v/~etJ 9. How many outside employees will there be on the premises? ~~;J E' 10. Will the home occupation require the use of any accessory buildings on the premises? JJO 11. How many clientele will there be on the premises at any given time? /JC>,.Jc Exhibit E HOME OCCUPATION OUESTIONNAIRE ~ . ., . . CITY OF SHOREWOOD RESOLUTION NO. A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR A SPECIAL HOME OCCUPATION TO JEFFREY HATCHER WHEREAS, Jeffrey Hatcher (Applicant) is the owner of certain real property located at 5935 Galpin Lake Road in the City of Shorewood, County of Hennepin, State of Minnesota, legally described as: "Lot 3, Block 1, Weyker Addition, Hennepin County, Minnesota"; and WHEREAS, the Applicant proposes to do business as a professional writer, using an existing carriage house on, the property as an office; and WHEREAS, the existing carriage house exists as a detached accessory building on the property; and WHEREAS, the Shorewood Zoning Code requires a conditional use permit for a home occupation which is conducted within an accessory building; and WHEREAS, the Applicant's request was reviewed by the City Planner, and his recommendations were duly set forth in a memorandum to the Planning Commission dated 28 August 1998, which memorandum is on file at City Hall; and WHEREAS, after required notice, a public hearing was held and the application was reviewed by the Planning Commission at their regular meeting on 1 September 1998, the minutes of which meeting are on file at City Hall; and WHEREAS, the Applicants' request for conditional use permits was considered by the City Council at their regular meeting on 28 September 1998, at which time the Planner's memorandum and the minutes of the Planning Commission were reviewed and comments were heard by the Council from the City Staff. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: FINDINGS OF FACT 1. That the Subject Property is located in an R-IC/S, Single-Family Residential/Shoreland zoning district and contains approximately one acre. 2. That the proposed home occupation will be conducted within an existing carriage house on the property. >I . . 3. That the Applicant does not propose to employ anyone on the site who does not live on the premises. 4. That the Applicant does not propose to have clients visiting the site. CONCLUSIONS 1. That based upon the foregoing, the City Council hereby grants the Applicants' requ~st for a conditional use permit for a Special Home Occupation 2. That this approval is subject to the following conditions: a. The Applicant shall not employ anyone to work on the site that does not live on the premises. b. This conditional use permit will not be transferable. Any future owner wishing to conduct a similar business on the property must obtain a conditional use permit to do so. 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 28th day of February 1998. ATTEST: TOM DAHLBERG, MAYOR JAMES C. HURM, CITY ADMINISTRATOR - 2 - ~ ,J . . MEMORANDUM TO: FROM: DA TE: RE: FILE NO. 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 City Council Brad Nielsen 24 September 1998 Proposed Amendment - Home Occupation Regulations 405 (Zoning - Part I) At its 1 September meeting the Planning Commission voted unanimously to recommend an amendment to the Shorewood Zoning Code that would eliminate the permit process for home businesses that are currently classsified as "Limited". They agreed that home occupations involving outside employees (maximum - one) and those conducted within accessory buildings should still be processed as conditional use permits. Attached is a draft amendment showing deletions as strike01:lts and additions in italics. A formal draft in ordinance format will be distributed at the meeting on Monday. cc: Jim Hurm John Dean n " . ?!=lfi'~7=J Gi"J ~ECe::....=: :lA?~~ ... iI$~ DRAFT AMENDMENT Subd. 12. Home Occupations: a. Purpose: The primary purpose of this subdivision is to provide a means through establishment of specific standards and procedures by which home occupations can be conducted in residential neighborhoods without jeopardizing the health, safety and general welfare of the surrounding neighborhood. It is further intended that businesses which may be allowed within residential districts should not gain an unfair economic advantage over businesses located in districts zorted for business uses. In addition, this subdivision is intended to provide a mechanism enabling the distinction between limited home occupations and special home occupations, so that limited home occupations may be allowed through an admini3trative pro~css as accessory uses within residential zoning districts rather than a1cgislati ie heming proce3s. . b. Application: Subject to the nonconforming use prOVISIon of this Section, all occupations conducted in the home shall comply with the provisions of this subdivision. c. Procedures and Permits 1: . (1) Limited Home Occupation: Any home occupation, as defined in this Ordinance Code and which qualifies as a "limited home occupation: under Section d.(2) of this Subdivision, shllll require a "linIitcd home occupation permit". Such permits shllll be issue.d subject to the conditions of this subdi v ision, other Ilpplicab1c City ordinanccs and S ttlte Ill... This pem1:it ma) be is3tlcd by the Zoning Administrlltor or his agent bll$ed upon proof of compliance .. ith the pro v isions of this subdi v ision. Application for the "limited home occupation pcmlit" shml be accompanied b) a fee liS established by Cit) Council resolution. If the Adnlinistrator denies a limited home ocetlpation permit to an applicant, the applicant may appem the decision to the. Planning COrnm.1ssion. The Planning COrnm.1ssion shall mttke a recommendation to the Cotlndl, ~ hich shml m~c thc final decision. An, permit iS3ucd sha11 remain in foree and effect tlnti1 such time as there. hll$ been li change in condition3 or tlfttil 3ueh time. llS the pro fisions of thi3 stlbdi vision have been breached. At sue.h time llS the Ci~ hllS rellSon to bdieve that cither event hll$ t~en plACe, a publie hearing shail be held before the Plltl1ning Commission. At 1c.llSt ten (10) da) s pliOI to the date of the hearing, the applicant or permit holder .vill be notified ll$ to the rell$ons the permit is bcing denied or revoked. Ten (10) da)s prior to the public hearing, notieeof the. hearing shml be published in the officiai ne.vsplipcr. Written notification of the hearing shml also be mailed at kast ten (10) days prior to the. hCMing to ml owners of land ..ithin five hundrGd feet (500') of the bOtlndary of the. propert, in question. flliltlre of an owner to Ieeci ve smd notice shall not in (alidate. an) such proceedings ll$ set forth within thi3 OIdinllnce. The appliclint shall be given the opportun it) to be bemd, and the Planning Commission shlill m~e. a recommendlition to the City Councilll$ to w bether the permit should be issued, de.nied, rctllined or re v oked. The. City Council shail m~e the finm decision. shall be allowed as accessory uses in all residential zoning districts. Limited home occupations are allowed without a permit. but shall comply'with all other applicable provisions of this Code. (2) Special Horne Occupation: Any home occupation which does not meet the specific requirements for a limited home occupation as d.::fined in set forth in Section d.(2) of this Subdivision shall require a "special home occupation permit" which shall be applied for, reviewed and disposed of in accordance with the conditional use provisions of Section 1201.04 of this Ordinance. (3) Declaration of Conditions: The Planning Commission may recommend and the City Council may impose such conditions on the granting of a special home occupation permit as may be necessary to carry out the purpose and provisions of this subdivision. . (4) Effect of Permit: A special home occupation permit may be issued for a period of one year after which the permit may be reissued for periods of up to three (3) years each. Each application for permit renewal shall, however, be processed in accordance with the procedural requirements of the initial special home occupation permit, except that notice of a public hearing need not be published in the official City newspaper. (5) Transferability: Permits shall not run with the land and shall not be transferable. (6) Lapse of Special Horne Occupation Permit by Nonuse: Whenever, within one year after granting a permit, the use as permitted approved by the permit shall not have been initiated, then such permit shall become null and void unless a petition for extension of time in which to complete the work has been granted by the City Council. Such extension shall be requested in writing and filed with the Zoning Administrator at least thirty (30) days before the expiration of the original permit. There shall be no charge for the filing of such petition. The request for extension shall state facts showing a good faith attempt to initiate the use. Such petition shall be presented to the Planning Commission for a recommendation and to the City Council for a decision. . (7) Reconsideration: Whenever an application for a permit has been considered and denied by the City Council, a similar application for a permit affecting substantially the same property shall not be considered again by the Planning Commission or City Council for at least six (6) months from the date of its denial unless a decision to reconsider such matter is made by not less than four-fifths (4/5) vote of the full City Council. (8) Renewal of Permits: An applicant shall not have a vested right to a permit renewal by reason of having obtained a previous permit. In applying for and accepting a permit, the permit holder agrees that his monetary investment in the home occupation will be fully amortized over the life of the permit and that a permit renewal will not be needed to amortize the investment. Each application for the renewal of a permit will be considered as a new permit without taking into consideration that a previous permit has been granted. The previous granting or renewal of a permit shall not constitute a precedent or basis for the renewal of a permit. ,., d. Requirements - General Provisions: All home occupations shall comply with the following general provisions and according to definition classification, the applicable requirement provisions. (1) General Provisions: (a) No home occupation shall produce light glare, noise, odor or vibration that will in any way have an objectionable effect upon adjacent or nearby property. (b) No equipment shall be used in the home occupation which will create electrical interference to surrounding properties. '. (c) Any home occupation shall be clearly incidental and secondary to the residential use of the premises, shall not change the residential character thereof, and shall result in no incompatibility or disturbance to the surrounding residential uses. (d) No home occupation shall require internal or external alterations or involve construction features not customarily found in dwellings except where required to comply with local and State fire and police recommendations. (e) There shall be no exterior storage of equipment or materials used in the home occupation. (f) The home occupation shall meet all applicable fire and building codes. (g) There shall be no exterior display or exterior signs or interior display or interior signs which are visible from outside the dwelling. . (h) All home occupations shall comply with the provisions of the City Nuisance Ordinance (Chapter 502 of the City Code). (i) No home occupation shall be conducted between the hours of nine o'clock (9:00) P.M. and seven o'clock (7:00) A.M. unless said occupation is contained entirely within the principal building and does not require anyon-street parking facilities. U) Parking accessory to home occupations shall comply with the requirements of Subdivision 5 of this Section. Home occupations shall not create a parking demand in excess of that which can be accommodated in an existing driveway. No vehicle shall be parked closer than twenty five feet (25'.) from the curb line or edge of the paved street surface. (2) Requirements - Limited Home Occupations: (a) No person other than those who customarily reside on the premises shall be employed. 3 (b) All limited home occupations shall be conducted entirely within the principal dwelling and may not be conducted in accessory buildings. (c) Examples of limited home occupations include but are not limited to: art studio, dressmaking, secretarial services, professional offices and teaching with musical, dancing and other instructions which consist of no more than one pupil at a time. None of the above shall service more than one person in the home at a given time. (d) The home occupation shall not include any of the following: repair service or manufacturing which requires equipment other than found in a dwelling; teaching which customarily consists of more than one pupil at a time; over-the-counter sale of merchandise produced off the premises, except for those brand name products that are not marketed and sold in wholesale or retail outlets. . (3) Requirements - Special Home Occupation: (a) Not more than one person other than those who customarily reside on the premises shall be employed. (b) Special home occupations may be conducted within an accessory building. (c) Examples of special home occupations include: barber and beauty services, photography studio, group lessons, saw sharpening, small appliance and small engine repair and the like. . (d) The home occupation may include any of the following: stock-in-trade incidental to the performance of the service, repair or manufacturing which requires equipment other than customarily found in a home, the teaching with musical, dancing and other instruction of more than one pupil at a time. e. Nonconforming Use: Existing home occupations lawfully existing on the date of this Ordinance may continue as nonconforming uses. They shall, however, be required to obtain permits for their continued operation within one year subsequent to the adoption of this Ordinance. Any existing home occupation that is discontinued for a period of more than thirty (30) days, or is in violation of the Ordinance provisions under which it was initially established, shall be brought into conformity with the provisions of this subdivision. f. Inspection: The City of Shorewood hereby reserves the right, upon issuing any home occupation permit, to inspect the premises in which the occupation is being conducted to insure compliance with the provisions of this subdivision or any conditions additionally imposed. 4 I~ H.. C M AK'I LK. ADD 1'/" . - .. WSB 350 Westwood Lake Office 8441 Wayzata Boulevard Minneapolis, MN 55426 B..-\. Mi[[e/steadt. P .E. Bret.-\. Weiss. P.E. Peter R. Willenbring. P.E. Donald W. Sterna. P.E. Ronald B. Bl':lY. P.E. & Associates, Inc. 612-541-4800 FAX 541-1700 June 10, 1998 -. 1,- ;:::- :=: Ci \\F ' , i"\ : , =' '. I "-!ry 0' '.' : ,:CQQ : I i! ~ .. . ""''' c., I '."J! CJ, I I : :i d Ii .r! : Mr. Larry Brown City of Shorewood 5755 Country Club Road Shorewood, MN 55331-8927 . "" ,--:,\1 '.J :. . Re: Review Comments Mary Lake Addition WSB Project No. 1074.21 Dear Mr. Brown: We have received the plat and construction plans for the above-referenced project and during the course of our review, noticed issues that will need to be incorporated into the :final plans. We, therefore, are offering the following comments: 1. The look-out elevation for lot 1, block one is still 969.0, which is only 1.5 feet higher than the emergency overflow elevation. We recommend raising this to 969.5 as a rmmmUID. All other comments from previous review have been addressed in this submittal and we found no other outstanding issues with the proposed project from an engineering standpoint. . Please give me a call at 541-4800 if you have any questions or comments regarding this letter. Sincerely, WSB & Associates, Inc. J3~~ ms Don W Sterna, P.E. Vice President c: Troy Gamble, Roger A. Anderson & Associates, Inc. JB/nm F:'WPWn-"I07'I..2I\06109~oi(l8D Infrastructure EJtgineer5 Planners .. CITY OF SHOREWOOD RESOLUTION NO. A RESOLUTION APPROVING THE FINAL PLAT OF MARY LAKE ADDITION WHEREAS, the final plat of Mary Lake Addition has been submitted in the manner required for the platting of land under the Shorewood City Code and under Chapter 462 of Minnesota Statutes, and all proceedings have been duly had thereunder; and WHEREAS, said plat is consistent with the Shorewood Comprehensive Plan and the regulations and requirements of the laws of the State of Minnesota and the City Code of the City of Shorewood. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. That the plat of Mary Lake Addition is hereby approved. . 2. That the approval is specifically conditioned upon the terms and conditions contained in the Development Agreement for Mary Lake Addition, attached hereto and made a part hereof. 3. That the Mayor and City Administrator/Clerk are authorized to execute the Certificate of Approval for the plat and the said Development Agreement on behalf of the City Council. 4. That the final plat, together with this resolution, and the Development Agreement attached hereto, shall be recorded within thirty (30) days of the date of certification of this Resolution. BE IT FURTHER RESOLVED, that the execution of the Certificate upon said plat by the Mayor and City Administrator/Clerk shall be conclusive, showing a proper compliance therewith by the subdivider and City officials and shall entitle such plat to be placed on record . forthwith without further formality, all in compliance with Minnesota Statutes and the Shorewood City Code. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 28th day of September 1998. Tom Dahlberg, Mayor ATTEST: James C. Hurm, City Administrator/Clerk .. CITY OF SHOREWOOD DEVELOPMENT AGREEMENT MARY LAKE ADDITION THIS AGREEMENT, made this _ day of _ , 1998, by and between the CITY OF SHOREWOOD, a Minnesota municipal corporation, hereinafter referred to as the "City", and JUDITH A. GLEASON, hereinafter referred to as the "Developer" . . WHEREAS, the Developer has an interest in certain lands legally described in Exhibit A, attached hereto and made a part hereof, which lands are hereinafter referred to as the "Subject Property"; and WHEREAS, Developer proposes to develop the Subject Property into three (3) single-family residential lots; and . WHEREAS, the Developer has made application for a preliminary plat for the property with the Zoning Administrator, which preliminary plat was considered by the City Planning Commission at their meeting held on 3 February 1998, and at a meeting of the City Council on 27 April 1998; and WHEREAS upon recommendation of the City Planning Commission, the City Council did consider and grant preliminary plat approval as set forth in the minutes of the 27 April 1998 City Council meeting; and WHEREAS, the Developer has filed with the City the Final Plat for "Mary Lake Addition", a copy of which plat is attached hereto and made a part hereof as Exhibit B; . NOW, THEREFORE, in consideration of the mutual covenants and guarantees contained herein, the parties hereto agree as follows: 1) Conditions of Approval- The Developer shall comply with the conditions of approval as set forth in City of Shorewood Resolution No.98-032, attached hereto as Exhibit C and made a part hereof. In addition, development of the property is subject to the requirements of the R-1C, Single-Family Residential zoning district. (01) Minimum setbacks (for all structures) shall be as follows: (a) Front: (b) Rear: (c) Side: (d) Side yard abutting a street: 35 feet 40 feet 10 feet 35 feet (02) Maximum building height, as defined by the Shorewood Zoning Code, shall be two and one-half stories or 35 feet, whichever is less. 2.) Improvements Installed bv Developer - Developer agrees at its expense to construct, install and perform all work and furnish all materials and equipment in connection with the installation of the following improvements: 1 ... oi (01) All site grading including building pad correction where needed; (02) Storm sewer and surface water drainage facilities; (03) Required landscaping and reforestation; consistent with the plans and specification prepared by Roger A. Anderson & Associates, Inc., dated 6 April 1998, and received and approved by the City Engineer. It is understood that underground utility lines, including gas, electric, telephone, and television cable shall be installed by the respective private utility companies pursuant to separate agreements with the Developer. 3.) Final Plat. Grading. Drainage and Utility Plan. Building Plan - The Developer has filed with the City Clerk the final plat titled Mary Lake Addition for the development of the Subject Property. Said plat is attached hereto and made a part hereof as Exhibit B. Said final plat, together with the grading, drainage, and utility plans, referenced in paragraph 2 above and this Development Agreement, is herewith adopted and approved by the City. . 4.) Pre-construction Meeting - Prior to the commencement of construction, Developer or its engineer shall arrange for a pre-construction meeting to be held at Shorewood City Hall. Such meeting shall be coordinated with the City Engineer and shall include all appropriate parties specified by the City Engineer. 5.) Standards of Construction - Developer agrees that all of the improvements set forth in paragraph 2 above shall be constructed and installed in accordance with engineering plans and specifications approved by the City Engineer and the requirements of applicable City ordinances and standards, and that all of said work shall be subject to final inspection and approval by the City Engineer. 6.) Materials and Labor - All of the materials to be employed in the making of said improvements and all of the work performed in connection therewith shall be of uniformly good and workmanlike quality, shall equal or exceed the quantities and qualities required by the approved plans and specifications, and shall be subject to inspection and approval of the City, which approval shall not be unreasonably withheld if the materials and work are consistent with the plans and specifications and the standards set forth herein. In case any materials or labor supplied shall be rejected by the City as defective or unsuitable, then such rejected materials shall be removed and replaced with approved materials, and rejected labor shall be done anew to the satisfaction and approval of the City at the cost and expense of Developer. 7.) Schedule of Work - The Developer shall submit a written schedule in the form of a bar chart indicating the proposed progress schedule and order of completion of work covered by this Agreement. It is understood and agreed that the work set forth in paragraph 2 shall be performed to be completed by 1 July 1999. The final lift of asphalt shall be completed by 15 November 1998. Upon receipt of written notice from the Developer of the existence of causes over which the Developer has no control, which will delay the completion of the work, the City, at its discretion, may extend the dares specified for completion. . ., 8.) As-Built Plan - Within sixty (60) days after the completion of construction of the Improvements, Developer shall cause its engineer to prepare and file with the City a full set of "as-built" plans, including a mylar original and two (2) black line prints, showing the installation of the Improvements within the plat. Failure to file said "as- built" plans within said sixty (60) day period shall suspend the issuance of building permits and certificates of occupancy for any further construction within the plat. 9.) Easements - Developer, at its expense, shall acquire all easements from abutting property owners necessary to the installation of the storm sewer, and surface water drainage facilities within the plat, if and to the extent required by the Minnehaha Creek Watershed District, and thereafter promptly assign said easements to the City. . 10.) Pre-existing Drain Tile - All pre-existing drain tile disturbed by Developer during construction shall be restored by Developer. 11.) Staking. Surveving and Inspection - It is agreed that the Developer, through its engineer, shall provide for all staking and surveying for the above-described improvements" In order to ensure that the completed improvements conform to the approved plans and specifications, the City will provide for resident inspection as determined necessary by the City Engineer. 12.) Grading. Drainage. and Erosion Control - Developer, at its expense, shall provide grading, drainage and erosion control plans to be reviewed and approved by the City Engineer. Said plans shall provide for temporary dams, earthwork or such other devices and practices, including seeding of graded areas, as necessary, to prevent the washing, flooding, sedimentation and erosion of lands and streets within and outside the plat during all phases of construction. Developer shall keep all streets within, and adjacent to, the plat free of all dirt and debris resulting from construction therein by the Developer, its agents or assignees. . 13.) Access to Residences - Developer shall provide reasonable access, including temporary grading and graveling, to all residences affected by construction until the streets are accepted by the City. 14.) Occupancy Permits - The City shall not issue a certificate of occupancy until all Improvements set forth in paragraph 2 are completed and approved by the City Engineer. 15.) Final Inspection - At the written request of the Developer, and upon completion of the Improvements set forth in paragraph 2 above, the City Engineer, the contractor, and the Developeris engineer will make a final inspection of the work. When the City Engineer is satisfied that all work is completed in accordance with the approved plans and specifications, and the Developer's engineer has submitted a written statement attesting to same, the City Engineer shall recommend that the improvements be accepted by the City. 16.) Conveyance ofImprovements - Upon completion of the installation by Developer and approval by the City Engineer of the improvements set forth in paragraph :2 above, the Developer shall convey said improvements to the City free of all liens and encumbrances and with warranty of title, which shall include copies of all lien waivers. Should the Developer fail to so convey said improvements, the same shall become the property of the City without further notice or action on the part of either party hereto. other than acceptance by the City. 3 17.) Replacement - All work and materials performed and furnished hereunder by the Developer, its agents and subcontractors, found by the City to be defective within one year after acceptance by the City, shall be replaced by Developer at Developer's sole expense. 18.) Restoration of Streets. Public Facilities and Private Properties - The Developer shall restore all City streets and other public facilities and any private properties disturbed or damaged as a result of Developer's construction activities, including sod with necessary black dirt, bituminous replacement, curb replacement, and all other items disturbed during construction. 19.) Reimbursement of Costs - The Developer shall reimburse the City for all costs, including reasonable engineering, legal, planning and administrative expenses incurred by the City in connection with all matters relating to the administration and enforcement of the within Agreement and the performance thereof by the Developer. Such reimbursement of costs shall be made within thirty (30) days of the date of mailing of the City's notice of costs to the address set forth in paragraph 28 below. 20.) Claims for Work - The Developer or its contractor shall do no work or . furnish no materials not covered by the plans and specifications and special conditions of this Agreement, for which reimbursement is expected from the City, unless such work is first ordered in writing by the City Engineer as provided in the specifications. Any such work or materials which may be done or furnished by the contractor without such written order first being obtained shall be at its own risk, cost and expense. 21.) Suretv for Improvements - Deposit or Letter of Credit - For the purpose of assuring and guaranteeing to the City that the improvements to be constructed, installed and furnished by the Developer as set forth in paragraph 2 above, shall be constructed, installed and furnished according to the terms of this Agreement, and to ensure that the Developer submit to the City as-built plans as required in paragraph 8 and that the Developer pay all claims for work done and materials and supplies furnished for the performance of this Agreement, the Developer agrees to furnish to the City either a cash deposit or an irrevocable letter of credit approved by the City in an amount equal to 150% of the total cost of said Improvements estimated by the Developer's engineer and approved by the City Engineer. Said deposit or letter of credit shall remain in effect for a . period of one year following the completion of the required improvements. The deposit or letter of credit may be reduced in amount at the discretion of the City upon approval by the City of the partially completed Improvements, but in no event shall the deposit or letter of credit be reduced to an amount less than 125% of the cost of the remaining Improvements. At such time as the Improvements have been approved by the City, such deposit or letter of credit may be replaced by a maintenance bond. 22.) Insurance - The Developer shall take out and maintain during the life of this agreement public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's work or the work of their subcontractors, or by one directly or indirectly employed by any of them. This insurance policy shall be a single limit public liability insurance policy in the amount of $1,000,000.00. The City shall be named as additional insured on said policy and the Developer shall file a copy of the insurance coverage with the City. 4 Prior to commencement of construction of the Improvements described in paragraph 2 above, the Developer shall file with the City a certificate of such insurance as will protect the Developer, his contractors and subcontractors from claims arising under the workers' compensation laws of the State of Minnesota. The insurance coverage required hereby may be supplied by the Developer's contractors and subcontractors, thereby satisfying the requirements of this section. 23.) Laws. Ordinances. Regulations and Permits - Developer shall comply with all laws, ordinances, and regulations of all regulatory bodies having jurisdiction of the Subject Property and shall secure all permits that may be required by the City of Shorewood, the State of Minnesota, the Minnehaha Creek Watershed Districts, and the Metropolitan Waste Control Commission before commencing development of the plat. 24.) Local Sanitary Sewer Access Charges (LSSAC) - Developer shall, prior to release of the final plat by the City, make a cash payment to the City in the sum of $2000 ($1000 for each lot) as local sanitary sewer access charges. Credit has been given for Lot 3, Block 1. . 25.) Park Fund Pavment - Developer shall, prior to release of the final plat by the City, make a cash payment to the City in the sum of $2000 ($1000 for each lot) for the Park Fund. Credit has been given for Lot 3, Block 1. 26.) Tree Preservation Measures - The City has adopted a Tree Preservation Policy ("Policy") which has been incorporated into the City Code. In addition to the Policy, the Developer has prepared and the City has reviewed a detailed tree preservation plan prepared by Close Landscape Architecture dated 24 June 1998 ("Plan"). The Developer agrees that the tree preservation measures provided for in the Policy and in the Plan are the responsibility of the Developer, and that the Developer shall also be responsible for any acts of its subcontractors or agents which are in violation of either the Policy or the Plan. . As partial security for its obligation under this paragraph 26, the Developer agrees that prior to the issuance of each building permit, it will provide for two thousand dollars ($2000) in cash or letter of credit per lot to be deposited with the City as security for such obligation. 27.) Notices - All notices, certificates and other communications hereunder shall be sufficiently given and shall be deemed given when mailed by certified mail, return receipt requested, postage prepaid, with proper address as indicated below. The City and the Developer by written notice given by one to the other, may designate any address or addresses to which notices, certificates or other communications to them shall be sent when required as contemplated by this Agreement. Unless otherwise provided by the respective parties. all notices, certificates and communications to each of them shall be addressed as follows: To the City: Zoning Administrator CITY OF SHOREWOOD 5755 Country Club Road Shorewood, Minnesota 55331 5 With a Copy to: Shorewood City Attorney c/o Kennedy & Graven, Chartered 470 Pillsbury Center 200 So. Sixth Street Minneapolis, MN 55402 Judith A. Gleason 4725 Excelsior Boulevard, Suite 401 St. Louis Park, MN 55416 To the Developer: 28.) Proof of Title - Developer shall furnish a title opinion or title insurance commitment addressed to the City guaranteeing that Developer is the fee owner or has a legal right to become fee owner of the Subject Property upon exercise of certain rights and to enter upon the same for the purpose of developing the property. Developer agrees that in the event Developer's ownership in the property should change in any fashion, except for the normal process of marketing lots, prior to the completion of the project and the fulfillment of the requirements of this Agreement, Developer shall forthwith notify the City of such change in ownership. Developer further agrees that all dedicated streets and utility easements provided to City shall be free and clear of all liens and encumbrances. . 29.) Indemnification - The Developer shall hold the City harmless from and indemnify the City against any and all liability, damage, loss, and expenses, including but not limited to reasonable attorneys' fees, arising from or out of the Developer's performance and observance of any obligations, agreements, or covenants under this Agreement. It is further understood and agreed that the City, the City Council, and the agents and employees of the City shall not be personally liable or responsible in any manner to the Developer, the Developer's contractors or subcontractors, materialmen. laborers, or any other person, firm or corporation whomsoever, for any debt, claim, demand, damages, actions or causes of action of any kind or character arising out of or by reason of the execution of this Agreement or the performance and completion of the work and Improvements hereunder. 30.) Declaration of Covenants. Conditions and Restrictions - Developer shall provide a copy of any Declaration of Covenants, Conditions and Restrictions for the plat for review and approval by the City prior to recording. . 31.) Remedies Upon Default - (01) Assessments. In the event the Developer shall default in the performance of any of the covenants and agreements herein contained and such default shall not have been cured within thirty (30) days after receipt by the Developer of written notice thereof, the City may cause any of the improvements described in paragraph 2 above to be constructed and installed or may take action to cure such other default and may cause the entire cost thereof, including all reasonable engineering, legal and administrative expense incurred by the City to be recovered as a special assessment under Minnesota Statutes Chapter 429, in which case the Developer agrees to pay the entire amount of such assessment within thirty (30) days after its adoption. Developer further agrees that in the event of its failure to pay in full any such special assessment within the time prescribed herein, the City shall have a specific lien on all of Developer's real property within the Subject Property for any amount so unpaid, and the City shall have the right to foreclose said lien in the manner prescribed for the foreclosure of mechanic's liens under the 6 laws of the State of Minnesota. In the event of an emergency, as determined by the City Engineer, the notice requirements to the Developer prescribed by Minnesota Statutes Chapter 429 shall be and hereby are waived in their entirety, and the Developer shall reimburse the City for any expense incurred by the City in remedying the conditions creating the emergency. (02) Performance Guarantv. In addition to the foregoing, the City may also institute legal action against the Developer or utilize any cash deposit made or letter of credit delivered hereunder, to collect, pay, or reimburse the City for: (a) The cost of completing the construction of the improvements described in paragraph 2 above. (b) The cost of curing any other default by the Developer in the performance of any of the covenants and agreements contained herein. . (c) The cost of reasonable engineering, legal and administrative expenses incurred by the City in enforcing and administering this Agreement. (03) Additional Remedies. Notwithstanding any other remedy available to the City under this Agreement, the City may elect to proceed under this paragraph to remedy a violation of Developer's obligations under paragraph 26 hereof. . (a) Upon discovery of an apparent violation of the Plan or Policy, the City will notify the Developer in writing of the violation. The notice will contain a description of the circumstances constituting the violation, the provision of the Policy or Plan which is apparently violated, the steps which must be taken to correct the violation and the date by which the compliance must occur. If compliance has not occurred within such time, or if the violation. by virtue of its repeated nature, seriousness or other factors are such that a penalty may be appropriate, the matter will be scheduled for a hearing by the City Council at a meeting not sooner than ten (10) days following the date on which written notice is mailed to the Developer. (b) (c) Following the hearing, the Council shall render its decision in writing. If the Council determines that the Plan or Policy has been violated, (whether or not the violation has been corrected) it may take some or all of the following actions: (i) impose a monetary penalty of not more than $1000 for each violation. (ii) order that the Developer stop work on all construction for which building permits have been issued; and withhold the issuance of additional building permits until it has received assurances satisfactory to the City that no future violations of the Plan or Policy are likely to occur. 7 (iii) take any other actions or enforce any other remedies available to it under this Agreement, the Policy or the City Code. (03) Legal Proceedings. In addition to the foregoing, the City may institute any proper action or proceeding at law or at equity to abate violations of this Agreement, or to prevent use or occupancy of the proposed dwellings. 32.) Headings - Headings at the beginning of paragraphs hereof are for convenience of reference, shall not be considered a part of the text of this Agreement, and shall not influence its construction. 33.) Severabilitv - In the event any provisions of this Agreement shan be held invalid, illegal, or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof, and the remaining provisions shall not in any way be affected or impaired thereby. 34.) Execution of Counterparts - This Agreement may be simultaneously executed in several counterparts, each of which shall be an original, and an of which shall . constitute but one and the same instrument. :35.) Construction - This Agreement shall be construed in accordance with the laws of the State of Minnesota. 36.) Successors and Assigns - It is agreed by and between the parties hereto that the Agreement herein contained shan be binding upon and inure to the benefit of their respecti ve legal representati ves, successors, and assigns. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year first above written. DEVELOPER CITY OF SHOREWOOD By: . Judith A. Gleason Its: Mayor ATTEST: City Administrator/Clerk 8 . . ST ATE OF MINNESOTA ss. COUNTY OF HENNEPIN On this day of , 1998, before me, a Notary Public within and for said County, personally appeared Tom Dahlberg and James C. Hurm to me personally known, who, being each by me duly sworn, did say that they are respectively the Mayor and City Administrator/Clerk of the municipal corporation named in the foregoing instrument, and that said instrument was signed and sealed on behalf of said corporation by authority of its City Council, and said Mayor and City Administrator/Clerk acknowledged said instrument to be the free act and deed of said corporation. Notary Public . STATE OF MINNESOTA ss. COUNTY OF HENNEPIN On this day of , 1998, before me, within and for said County, personally appeared Judith A. Gleason, the Developer, described in and who executed the foregoing instrument and acknowledged that it executed the same as its free act and deed. Notary Public . THIS INSTRUMENT WAS DRAFTED BY: Shorewood Planning Department EDITED BY: Kennedy & Graven, Chartered 470 Pillsbury Center 200 So. Sixth Street Minneapolis, MN 55402 (JBD) 9 CITY OF SHOREWOOD . 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (612) 474-3236 FAX (612) 474-0128. www.state.netlshorewood. cityhall@shorewood.state.net October 2, 1998 Karen Bowen, Director of Operations Hennepin Parks 12615 County Rd 9 Plymouth, MN 55359 . Dear Ms. Bowen: The City of Shorewood respectfully requests approval to allow the following activities during the 1998-1999 winter season on the Regional Trail within our City limits: hiking, biking, snow shoeing, cross country skiing, pet walking and snowmobiling. Attached to this letter is an excerpt from the September 14 and 28 Council meeting minutes which confirms the Council's desire to apply for this permit. We understand maintenance of the trail and winter signage notifying the public of permitted uses will be the responsibility of the City. Please notify us in writing after the Park Board has taken action on this request. Thank you for your consideration. Sincerely, . CITY OF SHOREWOOD Teri Naab, Executive Secretary / Deputy Clerk Enclosure - Application, Council Minutes Excerpt and Certificate of Insurance n , , PRINTED ON RECYCLED PAPER .. tt9 HENNEPIN PARKS Memorandum September 15, 1998 TO: Southwest Regional LRT Trail Corridor Advisory Committee Members FROM: Karen Bowen, Director of Operations Hennepin Parks 12615 County Road 9 Plymouth, MN 55359 SUBJ: 1998-99 Winter Trail Activities Permit Enclosed is a copy of the 1998-99 permit for winter use along segments of the Southwest Regional LRT Trail Corridor adjacent to your community. Permitted activities are determined by individual communities, contingent upon approval from the Hennepin Parks Board of Commissioners. Please note that permit requests should be submitted to me by October 15, and MUST include verification of formal City Council action approving the proposed activities (a copy of appropriate meeting minutes) AS WELL AS a Certificate of Insurance, specifying Hennepin Parks as an additional named insured. Please include your community's proposed winter use and recommended rules and regulations for those uses. . IF YOUR COMMUNITY DOES NOT PLAN TO AUTHORIZE ANY WINTER TRAIL ACTNmES, PLEASE SO INDICATE (NONE) ON THE PERMIT FORM AND RETURN IT TO ME, SO THAT THE TRAIL CAN BE SIGNED AS CLOSED, BY ORDER OF YOUR CITY COUNCIL. Thank you very much. c: Doug Bryant, Superintendent City Mayors Hennepin Parks LRT Advisory Committee Members . oh 1 /lrt \ wnterprmt.2 '" HENNEPIN PARKS SOUTHWEST REGIONAL LRT TRAIL CORRIDORS 1998-99 WINTER USE PERMIT Name of City Shorewood City Hall Phone 612 -4 7 4 - 323 6 Contact Person James C. Hurm Phone 612-474-3236 Authorized 1998-99 Winter Activities hiking, biking, snow shoeing, cross country skiing. pet walking and snowmobiling. Authorization is hereby requested from the Hennepin Parks Board of Commissioners to use portions of the Southwest LRT Trail Corridor for winter use activities between November 15 and March 31 as determined by each municipality within guidelines set forth herein on property located within individual City boundaries. It is understood and agreed that approval from the Hennepin Parks Board of Commissioners is contingent upon the following conditions: . · The City will provide the Park District with a Certificate of Insurance, naming Hennepin Parks as an additional named insured. Such certificate shall provide at least $600,000 aggregate or combined single limit of general liability coverage for the requested winter use activities. · The City agrees to maintain the trail, including, but not limited to, any plowing, sweeping, sanding, packing, trash pick-up, and sign replacement, between November IS-March 31 pursuant to guidelines established by the Park District. The City further agrees to immediately address all safety issues on or adjacent to trails. · The City will provide signage at locations approved by the Park District notifying the public of authorized winter activities within its city limits; activities may include hiking, biking, snowmobiling, cross-country skiing, snowshoeing, or pet walking. (Horses are prohibited on all segments of the trail throughout the year.) Winter use signs must be installed by the City at designated locations prior to November 15 and removed by the City no later than April 15. These signs are totally the responsibility of each municipality. · The City agrees to enforce rules and regulations established by the municipality as part of its request for a Winter Use Permit. . · The City agrees to repair all trail surface damage that occurs as a result of winter trail activities, including, but not limited to, grading or adding aggregate pursuant to guidelines established by the Park District. · The City agrees that winter trail use will be available to all persons, regardless of residence. Each City is required to submit its annual permit requests, including proposed rules and regulations, by September 15, after which the Park District may take up to 45 days to process. Each permit request must be submitted as a result of formal City Council action, with accompanying verification, agreeing to the terms and conditions outlined by the Park District's Winter Use Permit. It should be further understood that no winter activity will be allowed on segments of the Southwest LRT Trail Corridor where municipalities do not request permits. The Park District reserves the right to terminate a permit at any time, if the conditions set forth herein are not followed. Signed: Date: Title: City Administrator (Authorized Representative of the City) ohI/lrt/wntrprmt.l s. 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 James Hunn, City Administrator .~ FROM: Larry Brown, Director of Public Works . DATE: September 21, 1998 RE: Consideration of a Motion to Adopt a Resolution Approving Plans for State Highway 7 The Minnesota Department of Transportation (MNIDOT) has prepared plans for construction on Trunk: Highway 7 through the Cities of Shorewood and Victoria. These plans represent what MNIDOT has named a "Super 2" design. The super 2 concept provides for a center turn lane, one through lane in each direction, and a full 10.0 foot wide paved shoulder. For the City of Shorewood, changes would include: . . Construction of a full 1 0.0 foot wide paved shoulder . Increase the length of the right turn lane from westbound TH 7 to Church Road . Construction of a right turn lane westbound TH 7 onto Eureka Road . Replace the existing guardrail east ofW ood Drive on TH 7 :MNIDOT has stated. that there will be a minor amount of right of way to be acquired, by :MNIDOT. This additional right of way is from the property owner in the northeast quadrant of Eureka Road south and TH 7. Representative from the DOT have indicated that the purchase of the additional right of way is begin completed as a friendly sale. No condemnation will be used for acquisition of this additional right of way. Excerpts from the plans have been included with this report. A larger colored copy is available at City Hall for reviewed if desired. It should be noted that the planned access closures have been noted on the plan. However, the actual designs have not been shown,. Currently, designs for the Shorewood TH 7 access closures have been submitted for M:NIDOT's review and approval. MNIDOT has stated that the plans are acceptable, however, additional right of way will need to be acquired by the City for construction of the cul-de-sac of Wood Drive, the right hand turn lane form Eureka Road south to westbound TH 7. Until such time n f . PRINTED ON RECYCLED P"'PER ... /0 ~ as the right of way has been purchased, the bidding process can not be initiated. Staff is initiated negotiations with the property owners. Since acquisitions have not been completed, it is probable that the access closures will be bid and constructed in the spring of 1999. If approved, construction by MNIDOT is slated to occur in the year 2000. 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'310N . - - - T:l:l I ON lJI'JV" 111M cJ x x \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ o \ o \ \ 01 I o 00; o~ / - /// /,/ ,/ / . . CITY OF SHOREWOOD RESOLUTION NO. 98 - A RESOLUTION ACCEPTING PLANS FOR IMPROVEMENTS TO STATE TRUNKffiGHWAY 7 PROJECT, SP 1004-26 WHEREAS, the Minnesota Department of Transportation (MNIDOT) has presented the. City of Shorewood with plans for various improvements to State Trunk Highway 7 (TH 7) denoted as SP 1004-26 which extends from Bayview Drive within the City of Victoria to State Trunk Highway 41 within the City of Shorewood, Minnesota, and; WHEREAS, City Staffhas reviewed said plans proposed by MNIDOT as dated 8-3-98 and believes that such improvements will provide for safer travel along TH 7 than what exists today; . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. That the M:NIDOT Staff Approved layout dated 8-3-98 are hereby approved by the City Council of the City of Shorewood. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 28th day of September, 1998. Tom Dahlberg, Mayor . ATTEST: James C. Hurm, City Administrator/Clerk .. .. 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 James Hurm, City Administrator FROM: Larry Brown, Director of Public Works . DATE: September 24, 1998 RE: Consideration of a Motion to Adopt an Ordinance Establishing a Fee for Topographical Information As part of the stormwater management study, the City of Shorewood authorized preparation of aerial topography and photo control survey. Costs associated with this are as follows: Aerial Topography: Photo Control Survey Total $44,860 $17.050 $61,910 The land area within the City of Shorewood is approximately 3,822 acres. Therefore, the cost of just . obtaining the data without production of mylars equals $61,910/3822 ac = $16.20 Most cities and counties that have obtained aerial topography (i.e.. contours of the land - not to be confused with aerial photography) charge individuals for the cost of the data plus a processing fee. This practice was started because the main purchaser of this data was, and continues to be' developers of land. To provide this information for free saves a developer hundreds or even thousands of dollars for large sites, for obtaining topographic survey. To provide this for free to a developer ofland would be subsidizing private development. Although this information is very helpful to individual owners of parcels within a city, the information shows the contour of the land and the physical features, however, it does not contain a boundary survey for the lots. In surveying other municipalities, a common practice was to charge two rates, dependant upon the form of the data requested. The two forms of data most often requested is a mylar (reproducible) copy that would be used for compiling planning / engineering plans once a boundary survey has been completed. n t ~ PRINTED ON RECYCLED PAPER ... }i F or this form it is recommended that the cost of obtaining the data per acre be charged, plus a $5.00 fee for cost of production of each mylar. As calculated above, this equates to $16.20 per acre. This was rounded to $20.00 per acre to cover time it takes a technician to reload the data. This is certainly no more than cost of obtaining the data and generating a reproducible copy. The second form of data often requested is data in electronic format. Both cities and counties surveyed averaged out to a fee of $50.00 per megabyte of information. This fee is to cover the time necessary by the consultant to process the electronic files requested. Staifis recommending the $50.00 per megabyte of data. An amended ordinance is attached for your consideration. . .. . . f ," ... CITY OF SHOREWOOD ORDINANCE NO. AN ORDINANCE ESTABLISHING A CHARGE FOR AERIAL PHOTOGRAPHY SHOREWOOD CITY CODE SECTION 1301.02 THE CITY COUNCIL OF THE CITY OF SHOREWOOD. MINNESOTA, ORDAINS that the City Code of the City of Shorewood is amended as follows: Section 1. Those parts of the Table in Shorewood City Code Section 1301.02 shown below are amended as follows: I. TYPE OF CHARGEIFEE CHARGE/FEE . Mylar Copy $16.00 per acre + $5.00 per mylar Electronic ~ per megabyte of data dPS6,OO Section 2. This ordinance is effective the date following its publication. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, this 28th day of September, 1998. Tom Dahlberg, Mayor . ATTEST James C. Hurm, City Administrator/Clerk Hennepin County An Equal Opportunity Employer Jeff Spartz, County Administrator September II, 1998 :9~~~~ Dear Community Colleague, We're moving ahead to select two collaboratives for a pilot project on human services planning and coordination in the West Hennepin area, as well as an oversight committee! As one of a large number of people that participated in the year-long community input process leading up to this development, we want to update you on recent activities. Enclosed for your information are several documents: . . Report on the five focus groups held in February of 1998 (you may have received this report in a previous mailing). . Report on the two community forums held in June of 1998 at which revised recommendations were presented regarding two pilot collaborative projects and an oversight group. . Draft charters for the proposed pilot collaborative projects and oversight group that were developed after the community forums. As a result of the two community meetings and our subsequent work group meetings, family services collaboratives in the Hopkins and Westonka school districts are being approached regarding their interest in becoming pilot collaborative projects. In addition, members are being solicited for the proposed oversight group. . Once two pilot collaboratives are confinned and the oversight group membership is finalized. the pilot project will commence and the oversight group will officially replace our current West Hennepin City/County-Working Group. The oversight group will then become responsible for communicating future activities and developments to all appropriate organizations and individuals. We want to thank you for your involvement and interest in this project, and for your commitment to the human services needs of the residents of Western Hennepin County. If you have any questions, or need additional information, please feel free to call Rex Holzemer at 348-3456. Sincerely, West Hennepin City/County-Working Group Kathy Luekert Asst. City Manager City of Plymouth Steve Mielke City Manager City of Hopkins James Hurm City Manager City of Shorewood Patrick Wussow City Manager City of Tonka Bay Rex Holzemer Pro Admin. Assistant Hennepin County Administration Hennepin County Administration A 2303 Hennepin County Government Center Minneapolis, Minnesota 55487-0233 (612) 348-7574 FAX (612) 348-8228 TDD (612) 348-7367 Recycled Paper ~j;lB REPORT ON FOCUS GROUPS CONDUCTED Coordinating Western Hennepin County Human Services . . . today's urban leadership demands advanced skills: inventive collaborations, regional alliances, outreach to neighborhoods and sensitivity in such complex areas as police and schools. -Neal R. Peirce, national columnist on state and,local affairs BACKGROUND The purpose of this project is to discover how to best assess needs and coordinate human services that effectively and efficiently serve the residents in the 25 communities of western Hennepin County. Also, the purpose is to build community ownership of a structure for meeting those needs. . The project evolved from informal discussions involving Hennepin County administration and officials from the cities of Hopkins, Plymouth, Shorewood, St. Louis Park and Tonka Bay. They became a city-county working on how human services needs could be met appropriately following the demise of Suburban Alliance, one of three suburban human services councils in Hennepin County. The first step in the project was to learn about approaches for coordinating and delivering human services. More than 120 telephone interviews were conducted. The interviews were with Hennepin County commissioners representing the western suburbs, elected and appointed officials from the municipalities, staff from the cities, staff of provider agencies, school district officials, members of faith communities, citizen volunteers and recipients. In the second step, the city-county working group reviewed the data and developed a draft model that would assess current and future human service needs, promote . coordination of services, improve ,communications, maintain accountability, and encourage joint decision-making. This model was presented to five focus groups. The third step was to conduct five focus groups. Seventy-one people participated. With some differences, the information gathered was quite consistent. Eleven major themes emerged from this information and they are summarized below, as are recommendations from the city-county working group on how to develop this effort. 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Community County: provides technical Each community has broad collaborative uses assistance to refocus or form representation from the data to prioritize collaboratives as needed in a municipality, school needs, establish community; district[s], service providers, outcomes, and Community: existing faith communities, determine measures. collaboratives expand focus businesses, service and broaden membership. or recipients and the County. new collaboratives are formed The focus in each to look at broader community community is on outcomes. issues. 3. Community County: works in partnership Greater likelihood of collaborative with the community; community support since determines action plan Community: establishes broad community determines to allocate resources base support in partnership with what are its highest priority that meet community the County. needs and focuses needs resources toward meeting . those needs. 4. Community County: contracts with service Better utilization of implements plans providers in concert with resources given ever community-set outcomes and increasing demand, priorities, channeling resources making best use of County to the greatest extent possible; and ~ommunity strengths Community: integrates services and oversees providers according to community plan and County contracts. 5. Community evaluates County: services provided are Greater assurance that outcomes and revises measured against community- community residents community indices, established outcomes and benefit from the services, priorities, outcomes measures for accountability and that the community, . reports and best practices and measures analysis; overall, will be a better place to live and work; Community: community learnings can be shared determines effectiveness in between communities to partnership with county and strengthen cost/benefit quickly makes adjustments to analysis of programs and meet community needs; community reports to all services. community constituencies including cities and school districts. 5 1. 2. 3. 4. 5. 6. . 7. 8. . Steps toward implementation of the community-based approach Send this summary report and recommendations to everyone who participated in the interviews and focus groups, and include the County Board and all municipalities in the Western region. Invite participation in additional community forums to develop the recommendations in this report and create an oversight group who will advise in the pilot projects. Select two communities to develop this approach - one larger, one smaller; one inner ring and one further west - and learn from the pilot efforts. Investigate what data exist and how to make them readily available to communities. Gain support from key officials in County government. Organize County support to deliver research, technical assistance, revised contracting and County participation in the collaborations. Learn from the two pilot projects and revise process and support as needed to expand efforts into additional communities. Develop regional approach to coordinate efforts toward major outcomes of housing, transportation, child care and jobs, and to advocate for and leverage resources on behalf of the region. Eventually, this might include searching for grants and outside funding, coordination of sub-regional and regional implementation and accountability efforts; dissemination of community learnings to_ constituencies throughout the local communities. . REPORT ON COMMUNITY FORUMS CONDUCTED Coordinating Western Hennepin County Human Services Summary Report and Recommendations June 1998 BACKGROUND The overall purpose of this project is to: . Discover how to best assess needs and coordinate human services that effectively and efficiently serve the residents in the 25 communities of western Hennepin County; and . Build community ownership of a structure for meeting those needs. The project evolved from informal discussions involving Hennepin County administration and officials from the cities of Hopkins, Plymouth, Shorewood, St. Louis Park and Tonka Bay. They . became a city-county working group on how human services needs might be met following the demise of Suburban Alliance, one of three suburban human services councils in Hennepin County. The first step in the project was to learn about diverse opinions for coordinating and delivering human services. More than 120 telephone interviews were conducted. The interviews were with Hennepin County commissioners representing the western suburbs, elected and appointed officials from the municipalities, staff from the cities, staff of provider agencies, school district officials, members of faith communities, citizen volunteers and recipients. In the second step, the city-county working group reviewed the data and developed a draft model that would assess current and future human service needs, promote coordination of services, improve communications, maintain accountability, and encourage joint decision-making. The third step was to present the draft model to five focus groups. Seventy-one people participated. The information gathered was quite consistent. Major themes emerging from this information .. were summarized and accompanied by substantially revised recommendations from the city- county working group. In this forth step, two community forums were held. They were attended by fifty community representatives. At the forums, the revised recommendations that included forming two pilot collaborative projects and an oversight group were presented. What follows are the major themes from the forum groups and specific recommendations on how to implement the pilot projects and the oversight group. The transcriptions of the forum remarks are appended, grouped by major themes and divided between the first forum and the second. MAJOR THEMES ACCOUNTABILITY AND OUTCOMES Continued education in the outcomes and methods of this effort is important. Special emphasis needs to be on what people are already doing. While concern was expressed that this app~oach might not work because its purpose is not clear and it does not really address overall planning and coordination, respondents were concerned that mission and goals be clear and accountability be in place. Be concrete, people said and indicated, about the end result and the benefits to the communities. BEST PRACTICES RESEARCH . Before launching this effort, research what works in the Northwest and South planning bodies, and learn what did work within the Suburban Alliance. If family service collaboratives areto be the chosen pilots, learn what makes them successful. . DATA SOURCES Make sure that data provided to the communities fits the particular needs of that community. Learn what's available locally. GEOGRAPIDC/COMMUNITY DEFINITION In selecting a community, recognize that there is no standard definition for community. Municipalities and school districts overlap. Service areas are different for different agencies. Some people don't identify with any established area such as a school district. In addition, communities west of 494 feel isolated and are concerned that the physical area west of 494 is greater than that east of the freeway. Therefore, one pilot project will not be enough. COLLABORATION FORMATION AND MEMBERSHIP . In choosing pilot collaboratives, build on existing efforts but do not parallel them. Be aware of what resources other constituencies, such as the faith community, can bring. Make sure that bridges are built to other collaboratives that might exist in the community. Realize that some collaboratives started with a narrow focus, others with a broad one; those with a narrow focus may have more difficulty moving to larger issues. Many remarked that broad representation is needed on the collaboratives, but how that representation is achieved can be flexible. Different levels of participation is one way which is especially useful for including users. Moving more quickly helps maintain the enthusiasm. Pay special attention to individual and agency turf issues in building upon existing efforts and sharing resources. And make sure the collaborative is defined by those in it; do not impose membership. FUNDING SUPPORT Concern was expressed that the collaborative might have to pay the County for support. While this is not the case, funding sources determine the focus, said respondents, and the uncertainty of funding can be a barrier to success. The funding support is needed. 2 STAFF SUPPORTITECHNICAL ASSISTANCE Consistent staff support for calling meetings, distributing minutes, etc.., is crucial. The County's role in providing this support needs to be clear. Some questioned if an independent party is needed to support the collaboratives. More respondents remarked that skilled support by an independent facilitator is important to help the oversight group form and avoid turf issues. REGIONAL CONCERNS AND SHARED INFORMATION Respondents were very concerned that this effort will lose sight of regional planning and coordination in the focus on community services. The regional focus on such issues as poverty, transportation and housing needs to be addressed. Also, some feared that the present support between communities might give way to competition. Instead, there needs to be a balance between regional and local needs. While the pilots are learning, others communities in the area still need to go forward. So, continuing education about this effort is crucial, as is exchange of information about what is occurring and what is being learned. Make the process inclusive. Put information on the Internet. . Keep summaries succinct. OVERSIGHT GROUP FORMATION AND PURPOSE The purpose of the oversight group should be to set the vision and key goals. The group can also foster relationships and recruit participation in the effort by others, keep energy up and communications open, as well as involve consumers and manage conflicts. The group should support the community collaboratives already doing the local work. To handle the broad representation that's essential, a two level group was suggested with the larger group addressing philosophy and direction and the smaller group doing more of the work which must be focused and meaningful. The disenfranchised need to participate, whether on the group and/or by having the group go to them to listen. Some suggested looking at existing groups to form the oversight group. Do not pull people from existing efforts. In addition, the oversight group should not hold power over collaboratives. Some suggested the oversight group should be temporary, transitioning into a next phase. How allocation of resources is handled is very important, and who appoints the oversight group is also important in order to demonstrate accountability. . 3 RECOMMENDA TIONS ACCOUNTABILITY AND OUTCOMES Have a clear statement of purpose. This is to include the purpose for this effort (see the 1 st paragraph of this report) as well as a statement recognizing that this is an experiment that begins locally. Therefore, measurable outcomes must be established by each group participating in this project: the pilot collaboratives and the oversight group. Back up this effort with an outside evaluator who will help shape aformative evaluation process that will allow everyone involved to learn from the process rather than be judged by it. BEST PRACTICES RESEARCH AND DATA SOURCES Devote some County staff time to analyzing what works effectively in the two existing planning bodies and what portions of the Suburban Alliance were effective. Also provide a written overview of data that is available from and through the County. Include a note in the overview that the County will work with local collaboratives to provide data that fits their particular circumstances. . GEOGRAPHIC/COMMUNITY DEFINITION Produce a written statement that the County recognizes the difficulty in selecting community collaboratives because of the myriad overlaps between different boundaries and service areas. Add this to the purpose statement. That being said, select the pilots based on the strongly stated desires of existing collaboratives to take on the bigger picture planning. Consider two pilot projects west of 494 and one east of the freeway. COLLABORATION FORMATION AND MEMBERSHIP Again, select the pilot collaboratives based on their strongly stated desires to take on bigger picture planning. Let passion (combined with healthy questioning) be the determining factor. From that point, the collaborative must decide how it will achieve broad representation and how it will be effective in delineating and achieving measurable outcomes. . FUNDING SUPPORT For the pilot project, the County must provide intensive staff support as well as technical assistance on developing effective collaborations, either from County staff or by an outside facilitator. The emphasis needs to be on learning. This has to be paralleled with the formative evaluation process that fosters learning. An outside, neutral facilitator is important to forming the oversight group. REGIONAL CONCERNS AND SHARED INFORMATION The oversight group can playa role in beginning to address how the needs and actions of local collaboratives can augment regional concerns. Similarly, the need to address regional concerns can help shape the direction of local collaboratives. In the beginning, these will be theoretical discussions because there will only be two or three pilot projects. Yet these discussions can still influence the development of the local collaboratives. The oversight group can also serve to ensure that what is learned is shared with all communities in the western region and'other planning bodies in ways that recipients can use the information. 4 OVERSIGHT GROUP FORMATION AND PURPOSE A clear charter needs to be created for the oversight group that states its purpose and the roles it is to play. People should be asked to volunteer for the oversight group based on the charter, not form a group and then devise a purpose. Building upon what was mentioned above, the oversight group should have the following three work areas in support of the local collaboratives: . Lay the ground work for balanced 10caVregional planning based on the development of more local collaboratives that take on broader community planning. . Ensure meaningful communication with the many constituencies in the western region as well as other planning and administrative bodies. . 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C 0 ~.S l/lQl ::3 Q) - Ql .c:: 0 .c:: ';; l/lQl '0- U ...... ::3 '0 0 l/l:O -c (ij - Co g cu _g '0 .2 .0 in .- Ql cu 01 Ql.c::lB Ql ~ NC ta.2::3 .c:: - 'c 'c c.c::l/) ...... ~ <<lc 01 ~ l/) ta >- e> ~ '00 '0 = l/l -;:: 0 a. Qla>cu.-c <<l QlU Utagg.Q"S l/lC ta .5 '0,:;= ta g' ~ <<l S E ~ ~ .~ .... - (ij Ql .- C Ql E C ~ .!Q .~ ~ ~ .0 e g a.Ul/)OO -<<l l/) Ql lB U Q) ';; l/l 0 c.o....."cu cu ~-5 .2 0 '0 C.;:: C cu C Q) ............'0 <<lo..o" o. ~ <<l cu 0 = a.l/) (ij ._...........~.....cuQl a.. C <<l 0 .~ a.. E .c:: Ql .- ::IU-co.. ...... .....u E a> C C <<l 0 ~ '0 ~'c E.c::~~='1= 0 SIO::lE o I- a.. a.. <( .~ I 'V U <( . . . . C') . Inputs (Activities and resources needed to produce the outputs) The Oversight Group agrees to participate in the following activities and to provide and receive the following resources: Activitv Community Resources Countv Resources Accept the charter and develop a working body as the Oversight Group. Regular participation by members of the Oversight Group with frequent input from appropriate constituencies not seated on the Oversight Group. Technical assistance in strategizing how to develop the Oversight Group, as well as how to run effective meetings and maintain active participation. On-going staff support to handle minutes, copying, mailing, etc. Outside evaluator to monitor and report on the process so that the evaluation is formative - it helps the Oversight Group . do its work. Create communications plan. Dedicated time. Continued technical assistance, staff support and formative evaluation. Develop approaches to regional Regional information gathering. planning based on local community collaboratives. Regional specific data on demographics, trends; services, utilization, etc. Structure (The way in which the Oversight Group is organized to manage the inputs) Membership: The Oversight Group will have the following categories of members: . 2 representatives from each of the two pilot community collaborations, chosen by the collaborations. . 1 representative from the County. . 7 other representatives from the Western Hennepin County area that represent communities . east and west of 1494, a mix of municipalities, a variety of organizations and a male/female balance (The Oversight Group is initially selected by the project working group and later selected by the Oversight Group itself should replacements be needed). Meeting Frequency: Monthly to begin and then to be determined by the Oversight Group itself. Reporting Requirements: Issues progress reports to the Collaborations, County, municipalities, school districts, other planning bodies, and others as appropriate to the Charter. Sunset Date: 31 December 1999. 2 CHARTER FOR PILOT COMMUNITY COLLABORA TIVES The purpose of the Community Collaboration is to increasingly take charge of and be accountable for coordinating needed human services in this community in ways that benefit local citizens. To accomplish this purpose, the Collaboration agrees to clarify, refine and accept this charter. Outcomes (Changes to be achieved) The Collaboration agrees to achieve at least the following: 1. All community residents in need of services in community-identified priority areas have access to those services. 2. Recipients' conditions improve in cost-effective ways' through services provided under the community coordination plan. 3. The number and/or level of participation by non-County-contracted resources increases. Outputs (Initiatives that help accomplish the outcomes) The Collaboration agrees to produce at least the following: . 1. Definition of the community being served. 2. Assessment of community-specific needs and assets based on data provided by the County and supplemented with local information that covers: . All human service needs in the community, whether or not the collaborative chooses to initially coordinate services in all areas; and . All potential assets in the community, including traditional providers, community and faith groups, school districts, municipalities, businesses, and individual citizens. . 3. Priority service plan that acknowledges what the community can undertake to coordinate at thiS point and areas in which it intends to expand its coordination efforts, including, but not limited to . Recipient outcomes; . Services needed; . Services to be provided; and . Plans (both services and timeline) to fill the gaps between what is needed and what is provided. 4. Resource development plan which outlines: . Agency providers which will have contracts with the County; . Community resources (both existing and to be developed) which will not receive County contracts; . Allocation of resources to all types of providers; and . Accountability measures both in terms of recipient outcomes and cost effectiveness. 5. Implementation plan that outlines agreements with service and resource providers, both county- contracted and not. 6. Expansion plan that directs the collaboration to coordinate additional services and tap further resources to meet human service needs the collaboration is not currently coordinating. 7. Monitoring process to continually review: . How services are being provided according to the plan; . With what accountability in terms of recipient outcomes and cost effectiveness; . How the collaboration is progressing into additional areas to be coordinated. . Cost-effective is defined here as either lower cost for the same recipient outcomes or improved recipient outcomes for the same cost. 3 In.mill! (Activities and resources needed to produce the outputs) The Collaboration agrees to participate in the following activities and to provide and receive the following resources: Activitv Community Resources County Resources Accept the charter and expand the Collaboration, if needed, to be broadly representative of the community; this is accomplished either by adding members to the Collaboration and/or arranging for regular input from different constituencies in the community. Regular participation by members of the Collaboration with frequent input from those not seated on the collaboration. Technical assistance in strategizing how to expand the collaboration and/or increase regular input into the collaboration, as well as how to run effective meetings and maintain active participation. On-going staff support to handle minutes, copying, mailing, etc., if desired (but not to do the planning/coordination work of the Collaboration). Outside evaluator to monitor and report on the process so . that the evaluation is formative . - it helps the Collaboration do its work. Define the community and Local community information Community specific data on research and report community gathering. demographics, trends, services, indices on needs and assets. utilization, etc. Set community priorities, client Dedicated time. Continued technical assistance, outcomes and services in staff support and formative chosen area(s). evaluation. Develop resources. Participation by community Continued technical assistance, organizations and staff support and formative constituencies; donations of evaluation. time, materials and moneys from community businesses, . organizations and individuals. Develop and implement action Community resources to meet County-funded service contracts plan. the plan specifications beyond that support the direction of the county-funded contracts. community plans. Plan how to expand service Dedicated time. Continued technical assistance, coordination into other service staff and evaluation support. areas. Monitor the process. Willingness to adjust processes, Willingness to be flexible in membership and resources to committing resources to meet meet changing needs. changing needs. 4 ~ ."J . . Structure (The way in which the Community Collaboration is organized to manage the inputs) Membership: The Community Collaboration will: . Decide its own membership; . Will include a partner from the County who will join the Collaboration; . Representation on the Collaboration will reflect the priorities the Collaboration is seeking to coordinate and so membership may change overtime. . Will seek regular input from those affected even though they may not sit on the Collaboration. Meeting Frequency: To be determined by the Collaboration to achieve the outcomes and outputs. \ Reporting Requirements: Issues progress reports to the Oversight Group and others it decides. Sunset Date: Will continue as long as the members are satisfied and the Collaboration is productive. County assistance sunsets 31 December 1999 except for County-funded service contracts that support the direction of the community plans. 5 To: Mayor and City Council From: James C. Hurm, City Administrator Date: September 23, 1998 Re: Schedule of Council Work Sessions - Proposed cc: Department Heads, Planning and Park Commissions . This is a list of dates and topics which have been identified for work sessions. . 1998 Schedule of Work Sessions Scheduled Date: Topic: * 9/28 Discussion of purchase proposal - 25720 Hwy 7 * 10/12 Discussion of purchase proposal - 25720 Hwy 7 10/21 or Review Draft Telecommunications ordinance 10/22 * 10/26 Sump pump ordinance 11/4 Canvassing Board - 5:00 p.m. 11/16 Policy Survey - Second Draft 11/17 Joint Meeting with Planning Commission on Comprehensive Plan - Transportation and Public Facilities Sections November and December: Administrative Sanctions - Meet with Minnetonka Representative Housing (including senior housing) Section of Comprehensive Plan Park Festival Discussion on Metropolitan Council * Work Session to follow regularly scheduled meeting Moratorium Ending Dates: Telecommunications Ordinance adoption Senior Housing 10/31/98 12/10/98 10/6 hearing, 10/26 tr}~e, ~ . .; ~',I!> -. :" . , ,,; 't J wl.; "V\' ,. ,. c Amesbury Home Owners Association POBox 97 Shorewood, MN 55331 September 16, 1998 Shorewood City Hall 5755 CC Road . Shorewood, MN 55331 Attention: Shorewood City Council The residents of Amesbury Home Owners Association have signed this petition to request the repaving of Knightsbridge Road. Previous requests have been presented to you by our repre~ sentative, Dick Fitts. This request is to ask the council to please budget the repaving of Knightsbridge Road in the 1998/99 budget year. The condition and appearance of this roadway is not acceptable and lacks the first good impression that this development deserves. This is a public roadway that passes through Amesbury. All other Amesbury roadways are the responsibility of the Association. hIM. 1-__ 1', -~----------------------------- - ~ ~ ~~~~ - ---------------------------~~-- - - -----~- ------~- - --------------------------~----- . ---~--~--------~---1------ --4-~-~lJ4:r_ t,~D . . ~ " /1,' .",~'." iJ/. . 11), r; /j-r- -/5=>.1.. 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Your meetings are each second and fourth Mondays of the month with the next one being September 28. Please consider this request at your next council meeting. Thank you for your attention to our request. Respectfully, . Amesbury Home Owners Association ,". ~~~ , e :~: g~-. -t: .~': f'J r- ~~,.. .....',-;.';" '" ~ ~-!~ -_& \~ 00- tf~!! : .! .". iI~'! ' .". /~ /<i.~i ~ ~ ....,:l. Amesbury Home Owners Association POBox Shorewood, MN 55331 September 16, 1998 Shorewood City Ha 11 5755 CC Road Shorewood, MN 55331 . Attention: Shorewood City Council The residents of Amesbury Home Owners Association have signed this petition to request the repaving of Knightsbridge Road. Previous requests have been presented t~ you by our repre- sentative, Dick Fitts. This request is to ask the council to please budget the repaving of Knightsbridge Road in the 1998(99 budget year. The condition and appearance of this roadway is not acceptable and lacks the first good impression that this development deserves. This is a public roadway that passes through Amesbury. All other Amesbury roadways are the responsibility of the Association. ~~~~ :""~~::~~~~~~~~~~~~~~~~~~~~~~~~~~~ .' I ' '~.I.-1.-" ,/ --') ... _L __~~~~-------T-~ -------------------------------- . ------------------------------- -------------------------------- ~' ~ lj I I i ?3 m ~ .. I I I I ~:','~~~"',:,"","",~~~"____,n '5'~~:~___':..~"':'.:~':'" ,";i ;fil s i ~ ,Sf ~ ;t. ~ .::1 .~ 'I 'S ~ ~. ~ ! I :;.:", J .:11 :i :~ 1 ~ ft r:;! i ~ ~. ii ::-':'f ~ ~"'~,~:?l_r_...~....~~_ I i I I I Signature Address I I . (I .. , ~_.._-----------,_.._-~- ~:.::...----- fTlI-.in, --~-----------'- ~ Regardlng Knightsbridge; t{oad DP,t'l"tl'on .I, ...., . ,. '/' , '\ 1 . ~ .....1 '"-"";' \\ere not hon1e vvhen \ve stopped by ,,- " 1 ~Jtp.:'.{~~;..:'.i '::::~Jr~ .""I'l,'--:f ....e.~':...L'11..n _....~\ .. J..V\..-t.o.-t\.., a..JJ.~.11. a l.t. 1. t i.ll~ L\../ '- ' ~ 1" i 1: ~I . i\/!::J :-hJs, \,'. (/(}:j .. _1.l-.1.l) 1....- . ___.. J\... <_,,' l,~... - __ .J. 1 ~ _ ,_ .ilV unci lilcui Saturday Septelnber 20 . . ~~-. .'/' ~ ....:~. ~, r -!!... ".'- . '..<,,~'M":u'!ro ~' .,'~., ;w', ,f",i,~ft"-" .. ..~ .~. _', t.;.. ~-;i .". ~:'; ;l:t j ~Ji, ~., ,{ Amesbury Home Owners Association POBox Shorewood, MN 55331 September 16, 1998 Shorewood City Hall 5755 CC Road Shorewood, MN 55331 . Attention: Shorewood City Council The residents of Amesbury Home Owners Association have signed this petition to request the repaving of Knightsbridge Road. Previous requests have been presented to you by our repre- sentative, Dick Fitts. This request is to ask the council to please budget the repaving of Knightsbridge Road in the 1998f99 budget year. The condition and appearance of this roadway is not acceptable and lacks the first good impression that this development deserves. This is a public roadway that passes through Amesbury. All other Amesbury roadways are the responsibility of the Association. ~~::~ -- ~~~~~~:-~~~~~~~~~~~~~~~~~~~~ . ~~;;k;fjfjii~~~~ -------------------------------- -------------~------------------ /" ~ r " ,,<:'> "", :"r.. ~'" \ . L jUj ~~ """;; Amesbury Home Owners Association POBox Shorewood, MN 55331 September 16, 1998 Shorewood City Ha II 5755 CC Road Shorewood, MN 55331 Attention: Shorewood City Council . The residents of Amesbury Home Owners Association have signed this petition to request the repaving of Knightsbridge Road. Previous requests have been presented to you by our repre- sentative, Dick Fitts. This request is to ask the council to please budget the repaving of Knightsbridge Road in the 1998f99 budget year. The condition and appearance of this roadway is not acceptable and lacks the first good impression . that this development deserves. This is a public roadway that passes through Amesbury. An other Amesbury roadways are the responsibility of the Association. ~~::~ ~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~: - - . ~~--tiZ 11 ---r--------------------------- __ ___________~Jl:_~~___~___ ""'"~~~~~~~~~~~~~~~~~~~~~~~~~~:: /. . Amesbury Home Owners Association POBox Shorewood, MN 55331 September 16, 1998 Shorewood City Ha \l 5755 CC Road Shorewood, MN 55331 . Attention: Shorewood City council The residents of Amesbury Home Owners Association have signed this petition to request the repaving of Knightsbridge Road. Previous requests have been presented to you by our repre- sentative, Dick Fitts. This request is to ask the council to please budget the repaving of Knightsbridge Road in the 1998f99 budget year. The condition and appearance of this roadway is not acceptable and lacks the first good impression that this development deserves. This is a public roadway that passes through Amesbury. An other Amesbury roadways are the responsibility of the Association. ~~,c__ _ ~_~---~-----------~------------- -- - - ---~ - ------------------------------- ~ _ ________f ~~ -- -------------------------------- 1 . I . V :ub.~1 _ 1J:t4...-: ---- ----Il/)' -~-----------------------~---- ------------~----------------- -------------------------------- . y .,,;'i " ~;:' '; ,; .;'11,'" __4. . ,~~ dr-.r J~/j\1~ ~,/~ .. Amesbury Home Owners Association POBox Shorewood, MN 55331 September 16, 1998 Shorewood City Hall 5755 CC Road Shorewood, MN 55331 Attention: Shorewood City Council . The residents of Amesbury Home Owners Assodation have signed this petition to request the repaving of Knightsbridge Road. Previous requests have been presented to you by our repre- sentative, Dick Fitts. This request is to ask the coundl to please budget the repaving of Knightsbridge Road in the 1998f99 budget year. The condition and appearance of this roadway is not acceptable and lacks the first good impression that this development deserves. This is a public roadway that passes through Amesbury. An other Amesbury roadways are the responsibiHty of the Assodation. ~~,c__ _ ~ _~____________________________-- --- - - ---~ - ------------------------------- _ _ -------t ---~~- .- 1 -------------------------------- _' ' _~!;;:----------~if . -------------------------------- ------------------------------- -------------------------------- j/~ r" Amesbury Home Owners Association POBox Shorewood, MN 55331 September 16, 1998 Shorewood City Ha II 5755 CC Road Shorewood, MN 55331 . Attention: Shorewood City Council The residents of Amesbury Home Owners Association have signed this petition to request the repaving of Knightsbridge Road. Previous requests have been presented to you by our repre- sentative, Dick Fitts. This request is to ask the council to please budget the repaving of Knightsbridge Road in the 1998f99 budget year. The condition and appearance of this roadway is not acceptable and lacks the first good impression that this development deserves. This is a public roadway that passes through Amesbury. All other Amesbury roadways are the responsibility of the Association. ~~ll__ <'~ _~____----------------------"--- -- . - - ---~ - . ------------------------------- - -------- --~ -- -------------------------------- \ _' ~ _ _ 0-~~I-~---'1-t.,-s:'--g..;h..:G--:5-~ I ~ C\ccl.t.- L ~'-1-iii IV - -~------------- --- ---------------------------- . ~ ~/ " Amesbury Home Owners Association POBox Shorewood, MN 55331 September 16,1998 Shorewood City Ha \\ 5755 CC Road Shorewood, MN 55331 Attention: Shorewood City council . The residents of Arnesbury Home Owners Association have signed this petition to request the repaving of Knightsbridge Road. Previous requests have been presented to you by our repre- sentative, Dick Fitts. This request is to ask the council to please budget the repaving of Knightsbridge Road in the 1998(99 budget year. The condition and appearance ofthis roadway is not acceptable and lacks the first good impression . that this development deserves. This is a public roadway that passes through Amesbury. All other Amesbury roadways are the responsibility of the Association. ~~::~ ~ <,,-~~~~~~~~~~~~~~~:::-.~~~~~:~~~:~: _ _ _____~--t --~ --. ---------------.-------------:---- 7Y'- !~ rr:,. +""" oj' r' ~ U' </IC . __ -~:~-.r; ____fJ.~.aYi! u -'b__!_____Y"-f.:-~L~------:-- - -------------------------------- ------------------------------- /. Arnesbury Horne Owners Association POBox Shorewood, MN 55331 September 16, 1998 Shorewood City Ha \\ 5755 CC Road Shorewood, MN 55331 . Attention: Shorewood City Council The residents of Arnesbury Horne Owners Association have signed this petition to request the repaving of Knightsbridge Road. Previous requests have been presented to you by our repre- sentative, Dick Fitts. This request is to ask the council to please budget the repaving of Knightsbridge Road in the 1998(99 budget year. The condition and appearance of this roadway is not acceptable and lacks the first good impression that this development deserves. This is a public roadway that passes through Amesbury. All other Amesbury roadways are the responsibility of the Association. ~~;~ ~. -~ff~==~=~~~~~~~~~~~~~==~~~~~ ~~------ ~~ ---------"---------------------- . -------------------------------- ------------------------------- / ". ;; " ~ j",:: " ;) r,'I~ ; " . _ -,-, :;' , ,'. ~l " .... .\.. ,"';"' - I '-"-,", Amesbury Home Owners Association P 0 Bo>< Shorewood, MN 55331 September 16, 1998 Shorewood City Hall 5755 CC Road Shorewood, MN 55331 Attention: shorewood City Council . The residents of Amesbury Home Owners Association have signed this petition to request the repaving of Knightsbridge Road. Previous requests have been presented to you by our repre- sentative, Dick Fitts. This request is to ask the council to please budget the repaving of Knightsbridge Road in the 1998/99 budget year. The condition and appearance of this roadway is not acceptable and lacks the first good impression . that this development deserves. This is a public roadway that passes through Amesbury. All other Amesbury roadways are the responsibility of the Association. ~~~~ ---~~:~~~~.::::::~::~=~~~:~:::~:~ _ ___':__~______ ~U _,.1_eL_p.5j2Y~"!'!:.'!#-'_kLI/r. ------------------------------- -------------------------------- /"" r . . Amesbury Home Owners Association POBox Shorewood, MN 55331 September 16, 1998 Shorewood City Ha 11 5755 CC Road Shorewood, MN 55331 Attention: Shorewood City Council The residents of Amesbury Home Owners Association have signed this petition to request the repaving of Knightsbridge Road. Previous requests have been presented to you by our repre- sentative, Dick Fitts. This request is to ask the council to please budget the repaving of Knightsbridge Road in the 1998/99 budget year. The condition and appearance of this roadway is not acceptable and lacks the first good impression that this development deserves. This is a public roadway that passes through Amesbury. All other Amesbury roadways are the responsibility of the Association. . ~~::~ ~ ~:~:':::::::::::::::::::::::::::::: -------------------------------- r ---- ----------~---- ---~-~~~{---~~-- ~ Amesbury Home Owners Association POBox Shorewood, MN 55331 September 16, 1998 Shorewood City Hall 5755 CC Road Shorewood, MN 55331 Attention: Shorewood City Council . The residents of Amesbury Home Owners Association have signed this petition to request the repaving of Knightsbridge Road. Previous requests have been presented to you by our repre- sentative, Dick Fitts. This request is to ask the council to please budget the repaving of Knightsbridge Road in the 1998(99 budget year. The condition and appearance of this roadway is not acceptable and lacks the first good impression . that this development deserves. This is a public roadway that passes through Amesbury. All other Amesbury roadways are the responsibility of the Association. ~~::~ ~ ~ :~~~~~~::~~:::::~::~::::~:::~:~~ _ - -------r -------- -- -~---------------~-------------- _.:/ "-I-~~~7) ---.;tf./y~ -------------------------------- ------------------------------- -------------------------------- ?/. i".. {:~ :~ ~i'~ ':' -t: nn '.. L _:'1: , ;': -~" ''''It I -' '. Jt }t.J J ~ 'r ~",.{ Amesbury Home Owners Association POBox Shorewood, MN 55331 September 16, 1998 . Shorewood City Ha 11 5755 CC Road Shorewood, MN 55331 Attention: Shorewood City Council The residents of Amesbury Home Owners Association have signed this petition to request the repaving of Knightsbridge Road. Previous requests have been presented to you by our repre- sentative, Dick Fitts. This request is to ask the council to please budget the repaving of Knightsbridge Road in the 1998{99 budget year. The condition and appearance ofthis roadway is not acceptable and lacks the first good impression that this development deserves. This is a public roadway that passes through Amesbury. All other Amesbury roadways are the responsibility of the Association. ~~ll__ - t.4:~------------------------------ --- - - ---~ - ------------------------------- - - --,,----, --~ -, ------------"-""---------------- - Ii' i"'} " ,1v.1 . ".' /. (,-i' .' / i '~ '. . 11 ~rL'l..J-/,;---- ~~-~~..:..:..-I iiLr6' 1.../------------------------------ \, ,/ " -------------------------------- . ------------------------------- / .~.;1 ~ ~~ -), ~ "/' On a '.:'1 '.~ Jt j'.,:\ j , It '. .:', Amesbury Home Owners Association POBox Shorewood, MN 55331 September 16, 1998 Shorewood City Ha 1\ 5755 CC Road Shorewood, MN 55331 Attention: Shorewood City Council . The residents of Amesbury Home Owners Association have signed this petition to request the repaving of Knightsbridge Road. Previous requests have been presented to you by our repre- sentative, Dkk Fitts. This request is to ask the council to please budget the repaving of Knightsbridge Road in the 1998/99 budget year. The condition and appearance of this roadway is not acceptable and lacks the first good impression . that this development deserves. This is a public roadway that passes through Amesbury. All other Amesbury roadways are the responsibility of the Association. ~~~~ ----~-~~~~~~~~~~~~. -------------------------------- ------------------------------- -------------------------------- . /" -~' . I;:"iO.l" :;l','. .; U~'Ir.. ~._ . 4."!_. .,' , , . ~- ,'. t~ ~. ~.i t'.' ~ .~~!rl ' _'; ." :';;; ul .! '. ," ,n.~,...o: -.".,: .. _ .. - t .\ Amesbury Home Owners Association POBox Shorewood) MN 55331 September 16) 1998 . Shorewood City Hall 5755 CC Road Shorewood) MN 55331 Attention: Shorewood City Council The residents of Amesbury Home Owners Association have signed this petition to request the repaving of Knightsbridge Road. Previous requests have been presented to you by our repre- sentative, Dick Fitts. This request is to ask the council to please budget the repaving of Knightsbridge Road in the 1998(99 budget year. The condition and appearance of this roadway is not acceptable and lacks the first good impression that this development deserves. This is a public roadway that passes through Amesbury. All other Amesbury roadways are the responsibility of the Association. ~~~~ ----~--~~~~~~~~~~~~~~~~~~~~~~~~~~~~~:: ~___~1!-~~~~ -------------------------------- . ------------------------------- -------------------------------- ~ "1.~;-i ~ ~~4:_ :',r..; _. 11"' ,..A . dt ;'.uu~ -.-,ii. Amesbury Home Owners Association POBox Shorewood, MN 55331 September 16, 1998 Shorewood City Hall 5755 CC Road Shorewood, MN 55331 Attention: Shorewood City Council . The residents of Amesbury Home Owners Association have signed this petition to request the repaving of Knightsbridge Road. Previous requests have been presented to you by our repre- sentative, Dick Fitts. This request is to ask the council to please budget the repaving of Knightsbridge Road in the 1998(99 budget year. The condition and appearance of this roadway is not acceptable and lacks the first good impression · that this development deserves. This is a pubHc roadway that passes through Amesbury. An other Amesbury roadways are the responsibility of the Association. ~~~~: ~ -~:::::::::::::::::::::::::::::: _ - --------r --~ -- . -------------------------------- -------------------------------- ------------------------------- -------------------------------- /'" ~. .~)~;~~',I'\ ~Wl\lW~ ~ ~-~",:,,' Amesbury Home Owners Association POBox Shorewood) MN 55331 September 16) 1998 Shorewood City Hall 5755 CC Road . Shorewood, MN 55331 Attention: Shorewood City council The residents of Amesbury Home Owners Association have signed this petition to request the repaving of Knightsbridge Road. Previous requests have been presented to you by our repre- sentative) Dick Fitts. This request is to ask the council to please budget the repaving of Knightsbridge Road in the 1998(99 budget year. The condition and appearance of this roadway is not acceptable and lacks the first good impression that this development deserves. This is a public roadway that passes through Amesbury. All other Amesbury roadways are the responsibility of the Association. iJIj~.;j_: -1.------ -~. -------------------------------- . ------------------------------- -------------------------------- / Amesbury Home Owners Association POBox Shorewood, MN 55331 September 16, 1998 Shorewood City Hall 5755 CC Road Shorewood, MN 55331 Attention: Shorewood City Council . The residents of Amesbury Home Owners Association have signed this petition to request the repaving of Knightsbridge Road. Previous requests have been presented to you by our repre- sentative, Dick Fitts. This request is to ask the council to please budget the repaving of Knightsbridge Road in the 1998f99 budget year. The condition and appearance of this roadway is not acceptable and lacks the first good impression that this development deserves. This is a public roadway that passes through Amesbury. All other Amesbury roadways are the responsibility of the Association. ~~-~~ - "I:~~~~~~~~~~~~~~~~~~~~~~~~~:~~~~: - - -----;--r ~/-T~ -~ -------------------------------- -- ------- ------~~~-~ -------------------------------- . ------------------------------- -------------------------------- ~. . . ".,;,,, i"l;L:: .~: :,"'. ~ . .-:i . . ._~ j~~j'lil, ,./, Amesbury Home Owners Association POBox Shorewood, MN 55331 September 16, 1998 Shorewood City Hall 5755 CC Road Shorewood, MN 55331 Attention: Shorewood City Council The residents of Amesbury Home Owners Association have signed this petition to request the repaving of Knightsbridge Road. Previous requests have been presented to you by our repre- sentative, Dick Fitts. This request is to ask the council to please budget the repaving of Knightsbridge Road in the 1998(99 budget year. The condition and appearance of this roadway is not acceptable and lacks the first good impression that this development deserves. This is a public roadway that passes through Arnesbury. An other Amesbury roadways are the responsibility of the Association. ~~~-- ~~~---------"-------------------- -- - - ---~ - ------------------------------- _ - --------t -------- -- -------------------------------- -------------------------------- -------------------------------- ------------------------------- ;:::: . Amesbury Home Owners Association POBox Shorewood, MN 55331 September 16, 1998 Shorewood City Hall 5755 CC Road Shorewood, MN 55331 . Attention: Shorewood City Council The residents of Amesbury Home Owners Association have signed this petition to request the repaving of Knightsbridge Road. Previous requests have been presented to you by our repre- sentative, Dick Fitts. This request is to ask the council to please budget the repaving of Knightsbridge Road in the 1998f99 budget year. The condition and appearance of this roadway is not acceptable and lacks the first good impression that this development deserves. This is a public roadway that passes through Amesbury. An other Amesbury roadways are the responsibility of the Association. dl~ ~__ _diM ------------------------------ --- - - ---~- . ------------------------------- ------------------------------- -------------------------------- ,,/. ~/'. . . ,,,,:) ., ~~~ iI. ~ ~ "','" ~~ ....' ,': ~ I'~' " ., "" ' I " .~~~. I~!.; ~ , ~~}~ Amesbury Home Owners Association POBox Shorewood, MN 55331 September 16, 1998 Shorewood City Hall 5755 CC Road Shorewood, MN 55331 Attention: Shorewood City Council The residents of Amesbury Home Owners Association have signed this petition to request the repaving of Knightsbridge Road. Previous requests have been presented to you by our repre- sentative, Dick Fitts. This request is to ask the council to please budgetthe repaving of Knightsbridge Road in the 1998(99 budget year. The condition and appearance of this roadway is not acceptable and lacks the first good impression that this development deserves. This is a public roadway that passes through Amesbury. All other Amesbury roadways are the responsibility of the Association. dilAd:l--- - <:<:~---------------------.-------- __ _ _ ___SI::!.. - ------------------------------- - - -------- ~ :- . -----------.-------------------- ( _ ;~_L _.__~ ______u_____------------------- ~~_:t - - - -------------------------------- /~ ./ .r' Amesbury Home Owners Association POBox Shorewood, MN 55331 September 16, 1998 Shorewood City Ha 11 5755 CC Road Shorewood, MN 55331 . Attention: Shorewood City Council The residents of Amesbury Home Owners Association have signed this petition to request the repaving of Knightsbridge Road. Previous requests have been presented to you by our repre- sentative, Dick Fitts. This request is to ask the council to please budget the repaving of Knightsbridge Road in the 1998f99 budget year. The condition and appearance of this roadway is not acceptable and lacks the first good impression that this development deserves. This is a public roadway that passes through Amesbury. All other Amesbury roadways are the responsibility of the Association. ~~~~ ~___:_~~~~f!E . -------------------------------- -------------------------------- ./ /" Amesbury Home Owners Association POBox Shorewood, MN 55331 September 16, 1998 Shorewood City Hall 5755 CC Road . Shorewood, MN 55331 Attention: Shorewood City Council The residents of Amesbury Home Owners Association have signed this petition to request the repaving of Knightsbridge Road. . Previous requests have been presented to you by our repre- sentative, Dick Fitts. This request is to ask the council to please budget the repaving of Knightsbridge Road in the 1998(99 budget year. The condition and appearance ofthis roadway is not acceptable and lacks the first good impression that this development deserves. This is a public roadway that passes through Amesbury. All otherAmesbury roadways are the responsibility of the Association. ~~~~ ~ ~ -~~~~~~~~~~~~~:~=:~~~~~~~~:~~~~~ - ~- ,.,- c::--r 9---- -:: -------------------------------- /7<. , _:-1:.,4 _'::',h-2r u.~ -------------------------------- ------~------------------------- ------------------------------- / / Amesbury Home Owners Association POBox Shorewood, MN 55331 September 16, 1998 Shorewood City Hall 5755 CC Road Shorewood, MN 55331 . Attention: Shorewood City Council The residents of Amesbury Home Owners Association have signed this petition to request the repaving of Knightsbridge Road. Previous requests have been presented to you by our repre- sentative, Dick Fitts. This request is to ask the council to please budget the repaving of Knightsbridge Road in the 1998(99 budget year. The condition and appearance of this roadway is not acceptable and lacks the first good impression that this development deserves. This is a public roadway that passes through Amesbury. All other Amesbury roadways are the responsibility of the Association. ~~~~ ---~~~~~~~ . -------------------------------- ------------------------------- -------------------------------- /. ,.". ,',"! ':'.'.;c, ,'< . ;....,rJ.. .., j. L~: ~It ....}. Amesbury Home Owners Association POBox Shorewood, MN 55331 September 16, 1998 . Shorewood City Hall 5755 CC Road Shorewood, MN 55331 Attention: Shorewood City Council The residents of Amesbury Home Owners Association have signed this petition to request the repaving of Knightsbridge Road. . Previous requests have been presented to you by our repre- sentative, Dick Fitts. This request is to ask the council to please budget the repaving of Knightsbridge Road in the 1998(99 budget year. The condition and appearance of this roadway is not acceptable and lacks the first good impression that this development deserves. This is a public roadway that. passes through Amesbury. All other Amesbury roadways are the responsibility of the Association. ~~~~ . .klffv! '::....._~~ , ! -------------------------------- -------------------------------- ------------------------------- -------------------------------- ~ ,. I'dl" "'5, .. ~,' 9,~ e;'# ......;..4 . , , . ,..; . ....Jt.~ il.;t: 111# "\J\.i{ Amesbury Home Owners Association POBox Shorewood, MN 55331 September 16, 1998 shorewood City Hall 5755 CCRoad shorewood, MN 55331 . Attention: Shorewood City Council The residents of Amesbury Home Owners Association have signed this petition to request the repaving of Knightsbridge Road. Previous requests have been presented to you by our repre- sentative, Dick Fitts. This request is to ask the council to please budget the repaving of Knightsbridge Road in the 1998(99 budget year. Theconditlon and appearance of this roadway is not acceptable and lacks the first good impression that this development deserves. This is a public roadway that passes through Amesbury. All other Amesbury roadways are the responsibility of the Association. ~~,,__ _ _~lffv/ ------------------------------ - - ---~- . ------------------------------- -------------------------------- -------------------------------- ------------------------------- -------------------------------- ;:/. . . Amesbury Home Owners Association POBox Shorewood, MN 55331 September 16, 1998 Shorewood city Ha 11 5755 CC Road Shorewood, MN 55331 Attention: Shorewood City council The residents of Amesbury Home Owners Association have signed this petition to request the repaving of Knightsbridge Roa d. Previous requests have been presented to you by our repre- sentative, Dick Fitts. This request is to ask the council to please budget the repaving of Knightsbridge Road in the 1998(99 budget year. The condition and appearance of this roadway is not acceptable and lacks the first good impression that this development deserves. This is a public roadway that passes through Amesbury. All other Amesbury roadways are the responsibility of the Association. ~~"-- - ~ -~---------"------------------~- -- - - ---~ - ------------------------------- - - ------- --~ -- -------------------------------- . t----------~~- -------------------------------- -------------------------------- ------------------------------- / ., .-/.~ Amesbury Home Owners Association POBox Shorewood, MN 55331 September 16, 1998 Shorewood City Hall 5755 CC Road Shorewood, MN 55331 Attention: Shorewood City Council . The residents of Amesbury Home Owners Association have signed this petition to request the repaving of Knightsbridge Road. Previous requests have been presented to you by our repre- sentative, Dick Fitts. This request is to ask the council to please budget the repaving of Knightsbridge Road in the 1998(99 budget year. The condition and appearance of this . roadway is not acceptable and lacks the nrst good impression that this development deserves. This is a public roadway that passes through Amesbury. All other Amesbury roadways are the responsibility of the Association. ~~~~ - ~ -~~~~~~=:~~~~~~~~~~~~~~~~~~~~~~~ - - --------, --~:i- -------------------------------- - -~~-------------------------------- ------------------------------- -------------------------------- ~~ ~ Amesbury Home Owners Association POBox Shorewood, MN 55331 September 16, 1998 Shorewood City Ha II 5755 CC Road . Shorewood, MN 55331 Attention: Shorewood City Council The residents of Amesbury Home Owners Association have signed this petition to request the repaving of Knightsbridge Road. Previous requests have been presented to you by our repre- sentative, Dick Fitts. This request is to ask the council to please budget the repaving of Knightsbridge Road in the 1998f99 budget year. The condition and appearance of this roadway is not acceptable and lacks the first good impression that this development deserves. This is a public roadway that passes through Amesbury. All other Amesbury roadways are the responsibility of the Association. ~~~~ ~---~-~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ . -------------------------------- ------------------------------- -------------------------------- \ \ ~A \D~ S3 o ;S; O&r ~... tb '"" ,~ ~ tb ~ ~ ~ f1-~ 1Il U\ :e~ ~ ~ ~ 0 ~ 0 ~ t'1- o (\)'ls ~ ttr ~ R\ ~ l~ ~ln~ """. Cb 0 "..,' ...... ~ ~,'" F~ ~ t\ e ~ ~ .-,") f'ct. ~ ~ I'l>.ll.. t\l ": 8 i\) ft) ~ f"ia ~ ...,~ 0 t: \..~ (J) ~ . fI:Ilu. ~ f'lta t.S3 t1- 0 :: o \t: Ftc ~ 0 ::- ~ s: ~o R) ~ (J) ~~~ ~ m. ~ tt+ ~ ....... ~~tt (\) er 0 s;.~ 0 ~ I'V ~ """'" tn t1" V\ ~ S! l";" r1. o m ~ ?! ~ C3"ts-f\) (4) ~ ~ Vl:r~ ~ ~ ,.... I\J l':) \3 ~~o t"+~" ~ tb fliQ. :: :i~Att l't \'S ~ ~ tb " in'" = ~~,,~ l\) tb (b ~ l.\l U\ t10 ~ tn lI'aa. · .......... ('1- ;: o ....."... \Q ~ g ~ ~ 'ttol ~.. \t: ~ ::: ~ ~ ~ fC) Y\ . Fi. Sl ~ (tp ~ (\) 1Il m ~ ~- S'J ~ 0 ~ ~.. ~ ~ ~ ~ :s ~ ~ Q. 8 ~ ~ Q. t'1~ r+ =:r~~ '" ......" ~ :s:~ t"t= 0 ,J ~ ~ 6~s: o 't: ~ ~ ~ Q. co N .... ~ ~. ~ .. ~ ~ Moo R) tn t\\ r: . ~ ....... \Q ~ ,...., en C)~ ~ ~ \.Q ~ ~ R) t1- 1l':4. ~ """" o. :s I > / y" ", " ~ ~,(. -\ ,,- -.'i 91f!> ": '! ." : -, ,-.. -.1 -, c, c'" U " .... .;.,. JIo."1" - I 'd.'-', Amesbury Home Owners Association POBox Shorewood, MN 55331 September 16, 1998 Shorewood City Ha II 5755 CC Road . Shorewood, MN 55331 Attention: Shorewood City Council The residents of Amesbury Home Owners Association have signed this petition to request the repaving of Knightsbridge Road. Previous requests have been presented to you by our repre- sentative, Dick Fitts. This request is to ask the council to please budget the repaving of Knightsbridge Road in the 1998f99 budget year. The condition and appearance of this roadway is not acceptable and lacks the first good impression that this development deserves. This is a public roadway that passes through Amesbury. All other Amesbury roadways are the responsibility of the Association. diM. '--_ - _klJ4 ------------------------------ -- - - ---~ - ------------------------------- ~ ,~~ -~~~-~ ~?~~~~~~~~~~~~~~~~~~~~~~~~~~~ ------------------------------- -------------------------------- . ;/ . 01.\ ~. ,.", tfl1 .,:, '. !r~-I' . . ..."it ' _ ")~ lL,:!.J ~ ~ ""oJ ./, Amesbury Home Owners Association POBox Shorewood, MN 55331 September 16, 1998 Shorewood City Hall 5755 CC Road Shorewood, MN 55331 . Attention: Shorewood City Council The residents of Amesbury Home Owners Association have signed this petition to request the repaving of Knightsbridge Road. Previous requests have been presented to you by our repre- sentative, Dick Fitts. This request is to ask the council to please budget the repaving of Knightsbridge Road in the 1998f99 budget year. The condition and appearance of this . roadway is not acceptable and lacks the first good impression that this development deserves. This is a public roadway that passes through Amesbury. All other Amesbury roadways are the responsibility of the Association. ~~-~~ ~---~:~~~:=~~:=~~~~~~~~:=~~:~~~~::~:: - ------ ~A~ L'l ----------~jl~~~~~-- -------------------------------- -------------------------------- ~~ ~ ~.,;; ~ ~fr,,, ~ ..~ :',1) ~ ,..... . f; "Wi!ll " .". JI JL.;tj '~It ,"".? Amesbury Home Owners Association POBox Shorewood, MN 55331 September 16) 1998 Shorewood City Hall 5755 CC Road . Shorewood, MN 55331 Attention: Shorewood City Council The residents of Amesbury Home Owners Association have signed this petition to request the repaving of Knightsbridge Road. Previous requests have been presented to you by our repre- sentative, Dick Fitts. This request is to ask the council to please budget the repaving of Knightsbridge Road in the 1998f99 budget year. The condition and appearance ofthis roadway is not acceptable and lacks the first good impression that this development deserves. This is a public roadway that passes through Amesbury. All other Amesbury roadways are the responsibiHty of the Association. ~~~~ ~---,.~_:~:~::::~~~~~:~~:~~~~~:~:-~~~~~~ . -------------------------------- ------------------------------- -------------------------------- . CKNO 23755 23756 23757 23758 23759 23760 23761 23762 23763 23764 23765 23766 23767 23768 23769 23770 23771 23772 23773 23774 23775 23776 23777 23778 23779 23780 23781 23782 23783 23784 23785 23786 23787 23788 23789 23790 23791 23792 23793 23794 23795 . CHECK APPROVAL LISTING FOR SEPTEMBER 28, 1998 COUNCIL MEETING CHECKS ISSUED SINCE SEPTEMBER 10, 1998 TO WHOM ISSUED PURPCa: UNITED STATES POSTAL SERVo POSTAGE FOR METER PERA PERA ICMA RETIREMENT TRUST 457 DEFERREDCOMP CITY COUNTY CREDIT UNION PAYROLL DEDUCTIONS ANOKA CO SUPPORT/COLLECT CHILD SUPPORT -C. SCHMID ARMOR LOCK & ALARM OTRL Y MONITORING KATHLEEN HEBERT SEC 125 REIMB MET COUNCIL ENVIRONMENTAL AUGUST SAC AT&T WIRELESS AIRTIME NORTHERN STATES POWER UTILITIES PEPSI COLA COMPANY POPIMISC PURCHASE DAVID FREE ESCROW REFUND STEINKRAUS PLUMBING PERMIT REFUND-6025 RIVIERA GENE BRISTOL PRIMARY ELECTION JUDGE JOEL CAPESIUS PRIMARY ELECTION JUDGE DIANE DRESSER PRIMARY ELECTION JUDGE FREDRIO< DRESSER PRIMARY ELECTION JUDGE STEVEN DZURAK PRIMARY ELECTION JUDGE GAIL FINNEY PRIMARY ELECTION JUDGE REBECCA FISH PRIMARY ELECTION JUDGE KATHLEEN FRADETTE PRIMARY ELECTION JUDGE JOANNE HERMANN PRIMARY ELECTION JUDGE LINDA JOHNSON PRIMARY ELECTION JUDGE CARLA LABORE PRIMARY ELECTION JUDGE SUSAN LATTERNER PRIMARY ELECTION JUDGE JILL MAJESTIC PRIMARY ELECTION JUDGE KAY NOREN PRIMARY ELECTION JUDGE TERRY PAETZEL PRIMARY ELECTION JUDGE CY PETERSON PRIMARY ELECTION JUDGE NORMA PETERSON PRIMARY ELECTION JUDGE JEANNINE PICHA PRIMARY ELECTION JUDGE MARY REUTIMAN PRIMARY ELECTION JUDGE JANE STEIN PRIMARY ELECTION JUDGE MARILYN WERMERSKlRCHEN PRIMARY ELECTION JUDGE MEGAN WERMERSKlRCHEN PRIMARY ELECTION JUDGE DONNA WOODRUFF PRIMARY ELECTION JUDGE BELLBOY CORP. L10UORlBEER PURCHASE BELLBOY BAR SUPPLY MIsc/sUPPL Y PURCHASE MIDWEST COCA-COLA MISC PURCHASE DAHLHEIMER DISTRIBUTING BEER PURCHASE DAY DISTRIBUTING BEERlMISC PURCHASE Page 1 AMOUNT $1,000.00 2,873.86 1,253.07 1 ,100.77 156.50 145.12 192.30 4,950.00 124.74 5,887.19 228.15 1,500.00 20.50 46.75 44.00 52.25 52.25 93.50 53.63 30.25 38.50 115.38 106.25 106.25 44.00 107.25 48.13 41.25 50.88 50.88 44.00 110.50 38.50 44.00 25.41 78.38 7,989.54 613.76 934.70 896.10 3,607.45 . . CKNO 23796 23797 23798 23799 23800 23801 23802 23803 CHECK APPROVAL LISTING FOR SEPTEMBER 28, 1998 COUNCIL MEETING CHECKS ISSUED SINCE SEPTEMBER 10, 1998 TO WHOM ISSUED EAST SIDE BEVERAGE CO GRIGGS, COOPER & CO JOHNSON BROS. LIQUOR LAKE REGION VENDING MARLIN'S TRUCKING PAUSTIS WINE COMPANY PHILLIPS WINE & SPIRITS QUALITY WINE & SPIRITS PURPOSE BEERlMISC PURCHASE L1QUORIWINElMISC PURCHASE L1QUORIWINE/BEER PURCHASE MISC PURCHASE FREIGHT WINE/BEER PURCHASE L1QUORIWINE PURCHASE L1QUORIWINE PURCHASE TOTAL CHECKS ISSUED Page 2 AMOUNT $7,470.95 10,807.53 7,312.63 2,082.84 187.20 334.00 4,790.05 791.96 ,........,...._..,..__._........L..":.',."......'...:.:.'. ,....,.,.:.,.,....._.,_ "..,._"......,.,.........,., ",."....'.r..'..., $68,673.10 C( ~-- C) ;E: u.... c, o ~-- ~-f U) U )-! :2: ._1 ~~i ~.J (j ~:): :;-:. CO 0(:" Ct:: cr-, G_ rl ,.~~ .0::]: ~:) :~ :.11 Ct: o I ,r) oJ... o >, '4 U ~;..} ~:(: ~~...~ u I D.. L) LLl (3 --.1 ((; ::J ~:l ..t_ .."~ .~~ , i uJ C) #!.~ o ,-~ >-; cr: C) (() ~ . f ::::; :.11 :E (t: .... :--:-., o .... ::f :> y~ '-' :;f (_J C> rl ~[) ('.j '" ;.1J (!, Cl >-'f (1: CO ,-, :2: ,"- .~~ _1 (t; ,:-. (:) <c ,f) ~n 0:1 -.-' ~:::.. ~_.! ~.~., 'JJ ';1 .:::.. 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