092898 CC Reg AgP
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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
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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
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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.
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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.
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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,
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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.
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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.
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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
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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.
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(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
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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
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MEMORANDUM
Hoisington Koegler Group Inc.
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TO: Shorewood Park Commission Meeting
DATE: July 27, 1998
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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.
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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.
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What additional park improvements are needed in Shorewood?
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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
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MONDAY, AUGUST 31, 1998
7:00 A.M.
SHORE1'J'lOOD CITY
CONFERL'JCE
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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
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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.
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CF-25 (COvV\MLJ)'\\i-i r~1 Hill 7/
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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
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+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~\
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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.
......
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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.
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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.
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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.
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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
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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.
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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.
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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
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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
. ,
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---. == -: -
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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'
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.
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.
-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
.
.
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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.
.
.
.'
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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
,/
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\....-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
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! 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?
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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
.
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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.
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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. In the event that any Owner violates
any covenant or fails to perform any condition contained in this Declaration, the Association may perform
the act, remove the defect or correct the violation upon thirty (30) days written notice to the Owner, and,
as appropriate, pursuant to the procedures contained in Article VI. If the Association so acts on behalf of
.
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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
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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,
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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;
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.
'.
(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.
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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 ]
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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
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THIS INSTRUMENT WAS DRAFTED BY:
EXHIBIT A
Legal Description of the Property
Lots 1 through 6, Block 1, Christmas Shore, Hennepin County Minnesota.
.
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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.
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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
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Exhibit B
SITE LOCATION
Hatcher Special Home Occupation C.U.P.
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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
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Scale: 1" = 40'
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Proposed garage elevation - 952.U:
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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
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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
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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
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6.
Is there any signage planned for the home occupation?
7.
What are the hours of opera~on1 #/.
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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'~ ~
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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?
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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
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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,
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: :i
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.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
...
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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.
The resolution presented here approves the plans for construction on TH 7 alone and does not involve
the TH 7 access closures. A resolution is attached for your consideration.
.
.
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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.
MAJOR THEMES
Suburban Alliance
There. was concem that this might be another Suburban Alliance, where citizen
participation was lost. As one participant put it: same old, same old. Suburban
Alliance, however, could step back and see the bigger picture, it could advocate for
emergency service dollars, and it could make comments to the County. These aspects
are still needed.
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2. 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.
. Oversee the formative evaluation process of the collaboratives and the oversight group that
fosters learning from the process.
.
Recruitment to the oversight group should be through these three work areas. Each work area then
selects two representatives to serve on an overall coordinating body.
The oversight group should not set overall goals nor should it distribute any resources. The needs
of and representation by the disenfranchised must be handled by the local collaboratives. The voice
of the disenfranchised and their participation, if possible, should happen around regional planning
Issues.
.
5
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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,
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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', -~-----------------------------
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- - -----~- ------~- - --------------------------~-----
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Page 2
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Page 3
.
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-
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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.
~~~~ :""~~::~~~~~~~~~~~~~~~~~~~~~~~~~~~
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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~~~~
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-------------~------------------
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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__ _ ~_~---~-----------~-------------
-- - - ---~ - -------------------------------
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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~==~=~~~~~~~~~~~~~==~~~~~
~~------ ~~ ---------"----------------------
.
--------------------------------
-------------------------------
/
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.... .\.. ,"';"' - 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.
-------------------------------
--------------------------------
/""
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.
.
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
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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."!_. .,' ,
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~- ,'. t~ ~.
~.i t'.' ~ .~~!rl '
_'; ." :';;; ul .!
'. ," ,n.~,...o: -.".,:
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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.
~~~~ ~---~-~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
.
--------------------------------
-------------------------------
--------------------------------
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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:
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o
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~:(: ~~...~
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