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112596 CC Reg AgP ~ ... / ~ CITY COUNCIL REGULAR MEETING CITY OF SHOREWOOD MONDAY, NOVEMBER 25, 1996 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:30 P.M. AGENDA 1 . CONVENE CITY COUNCIL MEETING A. Roll Call I B. Review Agenda McCarty Mayor Bean Stover Benson Shaw C. Introduction of Cub Scouts - Pack 428, Den 2 2 . APPROVAL OF MINUTES A. City Council Regular Meeting Minutes November 12, 1996 (Att.-#2A Minutes) D. City Council Work Session Minutes November 18, 1996 (Att.-#2B Minutes) 3 . CONSENT AGENDA Consent Agenda - Motion to approve << Adopt Resolutions items on Therein: A. A Motion to Adopt a Resolution Granting Deferment of Special Assessments for the 1996 Water Improvement Projects (Att.-#3A Proposed Resolution) B. A Motion to Adopt a Resolution Approving the Final Plat - Marsh Point (Att.-#3B Proposed Resolution) Applicant: Lundgren Bro. Construction, Inc. Location: 76.5 Acres North of Smithtown Road West of Minnewashta School C. A Motion Authorizing the Purchase of Computer Accessories for Use in Archiving Documents (Att.- #3C Staff Memorandum) D. A Motion to Adopt a Resolution Accepting Petitions for the Levy of Watermain Trunk Charges and Special Assessments (Att.-#3D Proposed Resolution) 4 . MATTERS FROM THE FLOOR (Presentations to 3 minutes. No Council action will are limited be taken.) . """\. ~ CITY COUNCIL AGENDA - NOVEMBER 25, 1996 PAGE 2 OF 2 5 . PLANNING Report by Representative A. A Motion to Direct Staff to Prepare a Findings of Fact Regarding Appeal Interpretation of City Code Regarding Non-conforming Docks (Att. -#5A Planner's Memorandum) Applicant: James Cabalka Location: 58XX Christmas Lake Road B. A Motion Directing Staff to Prepare Findings of Fact Regarding a Variance for Dock Use, Length and Setback (Att.-#5B Planner's Memorandum) Applicant Bob Mellett Location: 4435 Enchanted Drive C. A Motion Directing Staff to Prepare Findings of Fact Regarding a Variance to Shore land District Hardcover Requirements (Att.-#5C Planner's Memorandum) Applicant John Miller Location: 21125 Minnetonka Blvd 6 . REVIEW IMPLEMENTATION OF SNOWMOBILE TASK FORCE RECOMMENDATIONS (Att.-#6 Staff Memoranda) A. Grooming of LRT B. Review Police Department Memorandum C. Misc. Recommendations 7 . DISCUSSION OF AN AMENDMENT TO ORDINANCE 308 TRANSIENT MERCHANTS, SOLICITORS, PEDDLERS, CANVASSERS ND GARAGE SALES (Att. -#7 proposed Ordinance) 8 . CONSIDERATION OF A MOTION ADOPTING AN AMENDMENT TO SECTION 201 - PLANNING COMMISSION AND RELATED RESOLUTION (Att.-#8 Proposed Ordinance and Proposed Resolution) 9 . ADMINISTRATOR &: STAFF REPORTS 10. MAYOR &: CITY COUNCIL REPORTS 11. ADJOURN SUBJECT TO APPROVAL OF CLAIMS (At t . - # 11 ) b.~. :l> . ~ 'oj ," .. . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 · (612) 474.3236 Executive Summary Shorewood City Council Meeting Tuesday, November 25,1996 We will be visited by Cub Scout Pack 428, Den 2. There should be time for an introduction just as the meeting begins. Agenda Item 3A: This resolution grants a deferment according to the code for a resident of Eureka Road and a resident of Smithtown Road. "; Agenda Item 3B: Lundgren Bros. Construction has submitted their final plans for the Marsh Pointe P.D.D. (previously processed as LWM Property). The development agreement, [mal plat, plans, protective covenants and a memo from the Planner are enclosed for your review. Any approval should be subject to the developer signing the development agreement and to the conditions set forth in the Planner's memo. Approval requires a four-fifths vote. Agenda Item 3C: This motion would be to authorize the purchase of a Jaz drive/CD ROM writer and its installation. It will cost approximately $2,000. This will result in a very cost effective method of records retention. Agenda Item 3D: This resolution levies the watermain trunk charges and special assessments for two properties along Smithtown Road. Agenda Item 5A: The Council directed staff to research old aerial photos to determine if any evidence can be found to support Mr. Cabalka's claim that his nonconforming dock existed prior to 1965. Brad Nielsen will report on this verbally at the meeting on Monday night. Time permitting, a staff report will be distributed at the meeting. Agenda Item 5B: Three residents have applied for a variance to share a common dock on Enchanted Island rather than build three separate long docks. The LMCD has approved the request and the Planning Commission voted unanimously to approve the variance subject to conditions. Approval requires a four-fifths vote by the Council. Staff should be directed to prepare findings of fact for the next meeting. Agenda Item 5C: John Miller has requested a hardcover variance to construct a single-family home at 21125 Minnetonka Boulevard. The variance is necessitated by the amount of driveway needed to overcome a steep slope on the street side of the property. The Planning Commission voted 6-1 to approve the variance. Approval by the Council requires a four-fifths vote. Staff should be directed to prepare a findings of fact for the next meeting. A Residential Community on Lake Minnetonka's South Shore Executive Summary - Council Agenda of November 25, 1996 Page 2 of 2 Agenda Item 6: Enclosed in the packet is a copy of a proposed revised agreement with Southwest Regional Trail Association. Mr. John Arnst called me on November 22 and indicated he feels that it would be better if Public Works just continued to plow the trails as they are doing now rather than actually grooming it. Please review the memorandum from Public Works Director Larry Brown. Also enclosed is a copy of a memorandum to the Police Chief from the Mayor and myself reviewing understandings and expectations with the police department. Finally enclosed is a memorandum briefly updating the Council on each of the task Force recommendations and a memorandum from Task Force Co-chair Ginny Kolstad. Agenda Item 7: Enclosed in the packet is a copy of the changes to the Transient Merchant Ordinance which are proposed by the City Attorney. Problems with those suggestions should be discussed with the City Council. They include how to handle licensing local fund raising efforts such as Scouts and sports organizations. Agenda Item 8: One of the priorities of the City Council for 1996 was to review the Planning Commission ordinance to bring it more in compliance with recommendations of the League of Minnesota Cities. A copy of the draft ordinance is in the packet for discussion. .~ . . . CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING TUESDAY, NOVEMBER 12, 1996 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING Mayor Bean called the meeting to order at 7:32 p.m. A. Roll Call Present: Mayor Bean; Councilmembers Benson, McCarty, Shaw, Stover; City Administrator Hurm; City Attorney Tim Keane; and Engineer Larry Brown. I R. Review Agenda McCarty moved, Shaw seconded to approve the agenda for November 12, 1996. Motion passed 5/0. 2 . APPROVAL OF MINUTES City Council Regular Meeting Minutes October 28, 1996 Shaw moved, Benson seconded to approve the City Council Regular Meeting Minutes of October 28, 1996, as amended on Pages 2, 3, 4, and 5, under the various items, change to read, "Consideration of a Motion to Adopt;" Page 3, Item B, change motion to read, "approving" rather than "regarding;" Page 4, Item C, change motion to read "approving" rather than "regarding." Motion passed 5/0. City Council Special Session Meeting Minutes October 30, 1996 Stover moved, McCarty seconded to approve the City Council Special Session Meeting Minutes of October 30, 1996, as submitted. Motion passed 5/0. Canvassing Board Meeting Minutes November 6, 1996 Benson moved, Stover seconded to approve the Canvassing Board Meeting Minutes of November 6, 1996, as submitted. Motion passed 5/0. 3. CONSENT AGENDA Mayor Bean read the Consent Agenda for November 12, 1996. McCarty moved, Stover seconded to approve the Motions on the Consent Agenda and to adopt the Resolutions therein: A. A Motion Adopting RESOLUTION NO. 96-100, "A Resolution Establishing a 150' Buffer Zone on Area Lakes" jJ:;JA REGULAR CITY COUNCIL MINUTES NOVEMBER 12, 1996 - PAGE 2 B. A Motion Adopting RESOLUTION NO. 96-101, "A Resolution Approving a Conditional Use Permit for Accessory Space Over 1,200 Square Feet" Applicant: Location: Allan Larson 4320 Dellwood Lane C. A Motion Adopting RESOLUTION NO. 96-102, "A Resolution Approving a Final Plat - McCary Addition" Applicant: Location: Thomas and Mary McCary 6010 Ridge Road D. A Motion Adopting RESOLUTION NO. 96-103, "A Resolution Correcting Levy #13502 and Authorizing Abatement of Assessment for PID 32-117-23-22-0022" 4. MATTERS FROM THE FLOOR Laura Turgeon, 24670 AmIee Road, appeared as a resident and former Snowmobile Task Force member. She expressed concern regarding a letter which is proposed to be sent out addressing changes in the snowmobiling rules and ordinance and wanted an opportunity to provide input prior to distribution of the letter. Ms. Turgeon suggested the new points be highlighted and bulleted. She noted the Task Force's recommendation for zero tolerance is not mentioned or defined. Ms. Turgeon also stated the police officers need to be made aware of the enforcement parameters. Ms. Turgeon questioned the timing and relevance of the article noting the question of snowmobiling on the LRT has not yet been decided. She further questioned the City's authority to post signs on the portion of the trail belonging to Tonka Bay. In addition, Tonka Bay has not yet filed for a permit. Ms. Turgeon also asked why the City did not take advantage of the extension provision available through Hennepin Parks which would have extended the time period to request a permit to November 7, 1996. . Ms. Turgeon did not feel the issues have been adequately represented to the Council and Councilmembers have not been given accurate accounts of both sides of the issue. She asked the . Council to take a step back and re-evaluate the process being followed in this matter. Mayor Bean noted the newsletter had not been sent due to a cover letter he was preparing to be included. He explained four or five major bullets are outlined noting the change in which youth under 14 are required to be accompanied by a guardian who has been certified, changes in speed limits and time, as well as when, where, and who can use the snowmobile. Mayor Bean stated the letter is intended to be sent to snowmobilers with a subsequent distribution to the snowmobiling groups in the area. Mayor Bean noted the Council has reviewed the Task Force recommendations and that considerable discussion had involved the issue of zero tolerance. He explained the Council has not yet come to agreement on all of the recommendations of the Task Force. The open issues remaining include the usage of the LRT, the access at Crescent Beach and Timber Lane as well as defining zero tolerance and what the measurement of that will be. Mayor Bean also explained the Council has adopted a new ordinance relative to snowmobiles and this will be clearly communicated to the police department. REGULAR CITY COUNCIL MINUTES NOVEMBER 12, 1996 - PAGE 3 Councilmember McCarty stated she would have liked to have known there was an opportunity to take advantage of an extension provision through Hennepin Parks. In addition, she noted residents have inquired as to the progress being made in light of the work which has been completed by the Task Force. . Councilmember Stover noted she had not seen the newsletter. She agreed with Ms. Turgeon relative to making a decision with respect to the grooming of Tonka Bay's portion of the trail. Allan Krutsch, 25725 Smithtown Road, urged the Council to ban snowmobile use on the trail. He pointed out the trail is constructed through a residential area and felt this trail would be inappropriate for any type of motorized use regardless of the time of season. He expressed concerns of safety, noise, trespass and private property rights and felt that motorized use of the trail would be incompatible with the area. Mr. Krut<;h also commented on the proposed change of name for Eureka Way. He spoke in favor of this change stating he owns the majority of the road which exists between his properties. Tom Kelsey, 25605 Smithtown Road, noted there is a persistent minority of snowmobile ridership which is reckless and disrespectful. He felt the speed and mobility of the machines would make enforcement extremely difficult. He noted many snowmobiles routinely travel twice the speed limit. In addition, Mr. Kelsey pointed out there is no 150-foot safety margin as there would be relative to lake shore property. He stated if the Council approves mixed use on the trail, this would not be a safe or responsible decision. Mayor Bean clarified where the 150-foot zone extends and which rules apply within that 150-foot zone. He further commented that Shorewood does not control the usage of snowmobiles on the lake outside of the 150-foot buffer zone. Clay Atkinson, 5735 Brentridge Drive, stated he had come to the meeting believing snowmobiles could be left on the LRT, but had now changed his mind. He expressed concern with snowmobiling in the wetland areas. Mr. Atkinson noted specific concerns relative to Church Road. . Mayor Bean noted a time would be set for further discussion on the use of snowmobiles on the LRT. Connie Clover, 5457 Mallard Lane, noted her home is located 15 feet from the LRT corridor. She stated her concurrence with Mr. Atkinson and Mr. Kelsey. Ms. Clover commented she no longer allows her children to walk on the trail due to safety concerns. She requested her children be allowed to address the Council relative to trail use with snowmobiles. Ann Clover, 5457 Mallard Lane, stated she uses the trail daily and related an incident in which she and a friend were forced to jump into a ditch because the oncoming snowmobiler made no attempt to avoid them. She stated a fence had been built on their property to keep snowmobiles out of their yard, however this remains a problem. Jonathan Clover, 5457 Mallard Lane, related problems with snowmobiles on the trail noting they travel at excessive speeds and have noisy mufflers, many over the decibel levels. He also related instances when he has had to jump into the ditch area to avoid snowmobiles which operated without regard for pedestrians. Mr. Clover noted this to be a very scary experience. Ingrid Schaff, 25605 Smithtown Road, noted she had served on the Snowmobile Task Force for almost a year and at that time had been informed there would be a vote in September relative to snowmobile usage in Shorewood. Ms. Schaff also understood a decision had been made to contact people residing along the LRT for input. She stated to date this has not been don~. In addition, Ms. Schaff commented that after having had three Task Forces over the years relatIve to REGULAR CITY COUNCIL MINUTES NOVEMBER 12, 1996 - PAGE 4 this issue, the ordinances still have not been communicated to the police department. Ms. Schaff requested a date be set to allow residents along the trail to voice their concerns and suggested the Councilmembers walk along the trail. Ms. Schaff expressed concern for a safe environment for everyone. Mayor Bean expressed appreciation for the comments of the residents and stated a date would be set to review snowmobiling in the City. 5. PLANNING Commissioner Turgeon reviewed the matters considered and the actions taken by the Planning Commission at their meeting on November 6, 1996 (as detailed in the minutes of that meeting). 6. CONSIDERATION OF A MOTION REGARDING A NAME CHANGE F;ROM EUREKA WAY TO REUTIMAN LANE Mayor Bean noted letters had been received from Lori and Michael Braun and Steven Jaeger in opposition to this request noting the personal expense involved with address changes and property legal description changes. . Robert Reutiman addressed the Council stating he has lived in the area since 1915. He provided the Council with the history involved in the establishment of Eureka Way and stated he would like to see the street renamed. Tom Kelsey, 25605 Smithtown Road, spoke in favor of naming Eureka Way after the Reutiman family. He felt this would be a suitable tribute to the family who has been an important part of the community. Mr. Kelsey addressed the issue of Smithtown Meadows which is currently being built around his property and would involve the renaming of Smithtown Road to Smithtown Way. He proposed that particular road not be named Reutiman Lane noting he has a significant investment from a business standpoint with respect to his business identity which is tied to the address on Smithtown Road. He pointed out Smithtown Way would not be a significant departure, however, Reutiman Lane would be. Mayor Bean noted the petition being considered is for a change in name for the current Eureka Way to Reutiman Lane. Ingrid Schaff, 25605 Smithtown Road, noted there are actually two roads, Eureka Way, a one block piece and then the trail crossing. At that point, the road continues on. She noted the Brauns have a Eureka Way address. Ms. Schaff suggested the one block piece be named Reutiman Lane which would allow Eureka Way to remain. Councilmember McCarty asked if street names could be changed relative to postal regulations and what type of expense this change would entail. Councilmember Benson stated he could not recall the Council becoming involved in the naming of streets in the past. Councilmember Stover suggested Eureka Way may be a private road. She noted there is a contradiction in the belief of the homeowners as to who owns the land with which easement is given to the other property owners. Councilmember Stover stated Eureka Way may be an easement between two neighbors. Mayor Bean felt the Reutiman family should receive some recognition, however it should be done in a way in which the residents can be supportive of it and suggested looking for another alternative to recognize the Reutiman family. Mayor Bean suggested possibly one of the parks could be renamed after the Reutiman family. The Council was in agreement with this. . , 1. . . REGULAR CITY COUNCIL MINUTES NOVEMBER 12, 1996 - PAGE 5 Councilmember Stover was in favor of recognition associated with a park type area because it would be a broader recognition than naming a street. It was noted two possibilities would be Silver Park or Manor Park. Mayor Bean suggested taking the matter under advisement to find a more suitable recognition for the Reutiman family. In addition, Mayor Bean suggested referring this matter to the Park Commission for their consideration. Councilmember Stover requested if the Park Commission cannot find a solution, that this matter be directed to staff for their assistance. Mayor Bean also pointed out one of the beaches could also be a possibility. 7. DISCUSSION OF POLICY REGARDING COMBINATION OF LOTS AND ASSESSMENTS Administrator Hurm recommended since the subject property is no longer a lot, the assessment be abated aqd that if it were subdivided in the future and sold resulting in a newly created lot, that the charge be levied. Mayor Bean noted the Council had not wanted to create incentives to subdivide lots. He felt the installments should be abated and rebated. Mayor Bean inquired if there should be a time frame established relative to recombinations of property. Councilmember Stover felt the trunk charge, which the property owner requested be levied against property is an expense of that property. Hurm pointed out this is no longer a buildable lot. Mayor Bean felt if a property owner recombined property within one year of notice, possibly the first installment and future installments could be abated. Councilmember McCarty pointed out two separate issues are being considered, the request of the Hermans and the issue itself. Hurm noted this situation is not likely to occur very often and could be handled on a case by case basis. Mayor Bean felt there would need to be a reasonable time frame from the time of the approved assessment to the recombination of the property for consideration to be given to a rebate. Councilmember Shaw raised an issue with property being sold on a Contract for Deed. Mayor Bean felt a Statement of Intent could be contained within the context of the Contract for Deed. If that piece would be sold off, there could be a charge at that point. He felt this could be dealt with within the facts and circumstances as each issue would come before the Council. Lori Herman, 5645 Eureka Road, explained the property was purchased with the intent to keep it so that it could not be developed. She noted there had been confusion between the water trunk charge and the water assessment charge. Mayor Bean suggested to the extent a property owner is considering a recombination, there could be a direction to staff that any future requests with respect to the trunk charge should be presented by petition to the Council. A reasonableness test could then be applied by the Council. Councilmember Stover asked if there would be any way through the administrative process to determine if a property owner plans to recombine a property or if a new lot is actually being created. Engineer Brown felt inquiry could be made at the time a property is listed for sale. Administrator Hurm felt the rebate should be sent to the person who paid the original amount. Shaw moved, Stover seconded to rebate the original payment on the trunk charge for 5635 Eureka Road and abate the remaining 14 installments due to the fact this particular parcel is being recombined to an existing lot at 5645 Eureka Road. Motion passed 5/0. , .;r REGULAR CITY COUNCIL MINUTES NOVEMBER 12, 1996 - PAGE 6 8. CONSIDERATION OF A MOTION TO ADOPT A. RESOLUTION ELECTING TO CONTINUE PARTICIPATING IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT Tom Caswell, Community Development Division of the Metropolitan Council, was in attendance. He explained a new program has been developed which provides a staff person to serve as a staff representative to various communities. The goal of the Metropolitan Council is to assist co.mmunities with the Livable Communities Act in addition to any other concerns which might anse. Mr. Caswell noted the Livable Communities Act encourages communities to assist in providing affordable housing. He explained the affordable housing value in Shorewood is $115,000 and monthly rent is $638 considering a salary of $28,000. Mr. Caswell notes this is a long range program tp the year 20 I O. ' Mayor Bean commented when this issue was considered a year ago, there were matching grant funds available to pursue some of the objectives. He noted communities can share their resources in the process of identifying their goals which presents the opportunity to combine objectives and e. identify them from a more regional basis such as the greater Excelsior area. Mayor Bean noted two areas which are issues for Shorewood. First the amount of monies which flow to the Regional Transit Board are approximately $300,000 for its bus services. In addition the sewer rates are excessive in comparison to other communities in the area. Councilmember Stover felt there was a conflict in requesting affordable housing yet taking dollars out of the pocket of the persons seeking this housing because of the lack of public transportation and higher sewer charges in the Shorewood area. Mr. Caswell stated the Metropolitan Council will look to see what barriers exist which would prevent affordable housing. He stated this is an issue which he will bring back to the attention of the Metropolitan Council for their consideration. Mayor Bean recessed the meeting at 9:29 p.m. and reconvened the meeting at 9:36 p.m. Councilmember Stover noted the resolution refers to 60 units of affordable senior housing. She e stated she was not aware there was a particular number to pursue. Mayor Bean explained this is a ballpark number from the Comprehensive Plan. Councilmember Stover clarified these units do not have to be in one location. Councilmember Stover also noted a previous survey indicated seniors do not want apartments. She acknowledged the resolution states the emphasis to be placed on step down housing, however, she stated she does not feel Shorewood will ever pursue senior apartments. Mayor Bean noted the first priority was to create additional opportunities for step down housing and the second priority would be relative to assisted living. Mayor Bean felt this may be an opportunity to work with other cities and that this objective may not be limited to the Shorewood city limits. He suggested perhaps a building could be constructed in the south shore area with the participation of other cities. Councilmember Shaw suggested changing the language to read, "develop regional senior housing." Administrator Hurm suggested the Council may want to consider changing the ordinance language to state "develop a senior housing program for Shorewood and the South Lake Minnetonka area which includes allowing seniors to stay" and then providing a range of housing. ~, . REGULAR CITY COUNCIL MINUTES NOVEMBER 12, 1996 - PAGE 7 Councilmember Benson commented he would prefer to leave the reference to apartments in. He gave examples of certain situations in which an apartment building could fit in, but he felt to exclude apartment buildings would limit opportunities for seniors. Councilmember McCarty was in agreement with leaving the reference to apartments in the resolution. Councilmember Benson pointed out the most significant problem to be high land costs. He stated the only way to bring the cost down and still be able to complete a project would possibly be to stack the units. Councilmember Shaw commented on a senior apartment building in Hutchinson and stated a wide range of definitions can be used when speaking of senior housing. Councilmember Stover did not feel senior apartments would happen, however, she felt the option could remain in the resolution. McCarty moved, Shaw seconded adopting RESOLUTION NO. 96-104, "A Resolutipn Electing to Continue Participating in the Local Housing Incentives Account - Program under the Metropolitan Livable Communities Act for Calendar Year 1997." Motion passed 5/0. 9. CONSIDERA TION OF A MOTION APPROVING AN AGREEMENT FOR THE GROOMING OF FREEMAN PARK AND THE LRT TRAIL Councilmember Stover noted the agreement calls for grooming of the LRT between the city limits of Victoria and the city limits of Excelsior which includes Tonka Bay. Hurm suggested changing the language to read "within the city limits of Shorewood." Mayor Bean clarified the agreement should provide for the grooming of the LRT trail within the city limits of Shorewood as well as the grooming of the Freeman Park cross country trails. Councilmember McCarty expressed concern with respect to keeping snowmobiles off of the trails in Freeman Park if they are groomed and suggested the Freeman Park trail not be groomed. Hurm noted the recommendation of the Snowmobile Task Force was to groom the trail. Snowmobile Task Force Member Arnst was present and stated the Task Force had proposed grading the trail using city equipment in a manner similar to a sidewalk to allow for comfortable walking. Task Force Member Turgeon agreed the recommendation was based on using equipment from the Public . Works Department. Hurm suggested speaking with members of the Task Force and bringing this issue back to the Council for their consideration. Councilmember Stover noted grooming for pedestrians and grooming for snowmobiles is in direct conflict. Mayor Bean inquired if the trail should be groomed for cross country skiers. Councilmembers McCarty and Stover did not feel this would be necessary. Mayor Bean suggested plowing the trail. Councilmember Benson did not feel the City had the equipment to accomplish this. City Engineer Brown confirmed this. Councilmember Benson commented the trail would need to be groomed either for walkers or cross country skiers and that a combination of the two would not be possible. Mayor Bean stated his understanding there will be no grooming in Freeman Park, signage will be used and the LRT will be brought to a flat surface. He suggested Hurm inquire of Southwest Trails to ascertain whether these requirements can be met. Councilmember Stover questioned the provision that Southwest Trails Association is the only groomer of trails within the Shorewood city limits. She inquired if Public Works could groom a trail flat, would this agreement preclude Public Works from doing that. Mayor Bean suggested adding "the only groomer other than Public Works." T,- REGULAR CITY COUNCIL MINUTES NOVEMBER 12, 1996 - PAGE 8 Mayor Bean noted Administrator Hurm will obtain input from Southwest Trails with respect to whether they can meet these expectations. This information will then be brought back before the Council for consideration. Councilmember Stover requested a change be included to reflect "flat" rather than "bumpy." 10. ADMINISTRATOR & STAFF REPORTS City Engineer Brown reported a delay in filling the Minnewashta water tower due to completion of the installation of pressure reducing valves. He explained 15 homes have either declined or neglected installation of the valves. Brown explained letters have been sent and telephone calls have been made. The City is continuing to pursue options, the next being for staff to go door to door as well as using certified mail. Councilmembers Stover and McCarty noted some residents who have installed the valves are experienc;ing reduced pressure due to the fact the tower has not been filled. Brown explained the delay is to ensure every step is taken to avoid damage to homes. He stated he anticipates once the tower is on line, a letter will be sent out. If pressure problems persist, the City will go out and adjust the valves. The City has adjusted valves where the pressure was severely reduced. . With respect to the Senior Center, the contractor has been proceeding very slowly. The contractor will be placing rock base in the parking area and may perhaps use temporary pavement at the canopy area for safe passage from vehicles to the entrance of the building. Also work will be completed to make the area more presentable. Mayor Bean asked about the cost of the blacktop and Brown stated this should be the expense of the contractor for his failure to perform. Hurm noted there is a benefit in that there will be more rock base, however, there will be gravel rather than asphalt until approximately May. 11. MAYOR & CITY COUNCIL REPORTS Mayor Bean discussed potential meeting dates with the Council. (Councilmember McCarty left the meeting at 10:34 p.m.) It was agreed to hold a Work Study Session on Monday, November 18, 1996, at 7:30 p.m. In addition, the regular City Council meeting will be held on Monday, November 25, 1996, at 7:30 p.m. A public hearing with respect to snowmobile use was scheduled for Tuesday, November 26, 1996, at 7:30 p.m. Possibly an alternate location will be . selected. 12. ADJOURNMENT Shaw moved, Benson seconded to adjourn the meeting at 10:44 p.m. subject to the approval of claims. RESPECTFULLY SUBMITTED, Cheryl Wallat, Recording Secretary TimeSaver Off Site Secretarial ATTEST: ROBERT B. BEAN, MAYOR JAMES C. HURM, CITY ADMINISTRATOR I... "'" 11/22/96 FRI 11:56 FAX +~-+ SHOREWOOD \4]001 CITY OF SBOREWOOD WORK SESSION NOVEMBER 18, 1996 COUNCll.. CHAMBERS 5755 COUNTRY CLUB DRIVE 7:30 P.M. MINUTES 1. CONVENE WORK SESSION MEETING DRAFT Mayor Bean called the meeting to order at 7:30 p.m. A Roll Call Present: Mayor Bean; CounciJmembers Benso~ McCarty, Shaw, and Stover; City Attorney Tim Keane; City Administrator Hurm; Engineer Lany Bro'WIl and Finance Director AI Rolek. . . B. Review Agenda There were no changes to the agenda as noticed. 2. DISCUSSION OF THE 1997 ENTERPRISE BUDGETS FUND: Water SUBFUND: Water Operations FUND NO.: 60 . Finance Director AI Rolek distributed a Cash Flow Analysis for the Water Fund and explained it in demil. Mayor Bean asked if additional projects had been built into the budget. Rolek stated they had not been included. Councilmember Stover inquired if additional projects do occur, how would that affect the budget. Rolek explained some projects generate more revenue which would in turn be used in later projects. Councilmember Stover asked what plans the City of Victoria may have for future water availability. Engineer Brown noted with the interconnection between Shorewood and Victoria, the City of Victoria was able to postpone the addition of a well and water tower for approximately ten years. Victoria will purchase water from Shorewood only in emergency situations. Mayor Bean related his understanding that water operations is the utility fees and the expenses related to maintaining the system and the debt service is more of a capital budget. Rolek explained the debt service pays for the debt of the projects. Councilmember Shaw noted a significant increase in supplies and materials budgeted for 1996 as opposed to the prior two years. Administrator Hunn noted this figure includes the maintenance and repair of the southeast well. 11/22/96 FRI 11: 57 FAX -+-+-+ SHOREWOOD " 141 002 CITY COUNCIL WORK SESSION MINUTES NOVEMBER 18, 1996 - PAGE 2 Councilmember Stover inquired how often the maintenance and repair would occur. Engineer Brown noted the recommended time :frame to be every five years, however, the City has been performing this maintenance approximately every seven years. Counci1m.ember Stover asked if water rates would need to be addressed. RoIek stated the :figures provided are based on the current water rates. With respect to the increase in cash flow from operations which is transferred to debt service, if the projection begins to decrease, at that time the rates would need to be reviewed. FUND: Sanitary Sewer SUBFUND: Sanitary Sewer DEPT. NO.: 61 Councilmember Stover inquired as to the increased revenne in 1994 as opposed to 1995. Rolek explained a refund reimbursement had been received in addition to more sac charges than had been expected. . Rolek explained the support services noting the City will be undertaking a manhole sealing program with which a $10,000 grant will be received from Metropolitan Council. In addition. there have been discussions relative to implementing a sewer televising and 1&1 reduction type program. Hurm explained a study analysis would need to be completed and a project presented in order to be considered for a grant or loan program. He further explained the funds become a grant if the project is successful. Roiek noted that support services reflects the Metropolitan Council charges and other charges involved in that support. Hurm pointed out the main difference between 1996 and 1997 is the additional work on inflow and infiltration. Televising and lining are the two major components of that. . Councilmembcr Stover stated she would prefer the water and sewer rates not be raised. FUND: Recycling SUBFUND: Recycling FUND NO.: 62 Councilmember Shaw inquired with respect to income from the recycling program. Rolek noted there had been revenues in the amount of$5.000 in the previous year, however, this year, to date, there bas not been any revenue generated. Counci1member Shaw felt the City should be receiving a better return.in this regard and perhaps a better contract could be negotiated relative to this program. . . 11/22/96 FRI 11:57 FAX +..H SHOREWOOD 14I 003 CITY COUNCR. WORK SESSION MINUTES NOVEMBER 18,1996 - PAGE 3 FUND: Stonnwater Management SUBFUND: Stonnwater Management FUND NO.: 63 City Engineer Brown noted he attended a meeting with 17 other cities with the Watershed District. Councilmember Stover inquired as to the cooperation of the Watershed District and commented on the Glen Road project and problems which had been encountered in gaining the approval of the Watershed District. Brown explained the Watershed District indicated if the cities create a small water management plan on a regional basis, the Watershed District will credit that city with a certain amount of storage such that it will allow that city to complete a particular project. Brown commented the Watershed District has indicated they would consider making funds available to cities who are willing to take on some of the regional projects the Watershed District is interested in seeing completed. Mayor Bean asked if each Watershed District is authorized to establish its own rules. Brown stated this to be the case. Mayor Bean asked what the budgeted $100,000 would be spent on. Brown explained a large portion of the funds will be spent on aerial photography. Hurm inquired why this management plan is needed.. Brown explained the purpose is to identify the primary areas of the regional storm water ponds and how they operate with the existing system. Councilmember Shaw asked iftbis is a requirement of the Watershed District. Brown responded the City is required to have a stonnwater management plan. The City has a plan, however, it is outdated. Mayor Bean was in agreement with updating the plan, but expressed his surprise at the $100,000 allocation for updating the current plan.. Brown stated two-thirds of the cost is aerial photography followed by technical analysis. Councihnember Shaw asked what aerial photograph would reveal today that would not be visible on the aerial photographs which are on file. Brown explained it would be difficult to use the aerial photography from 1966 in attempting to identify stonnwater problems. Mayor Bean also pointed out there are contours., in addition to an extensive tiling system which is failing. Mayor Bean questioned if the $88,000 allocated for easement acquisition was specifically for Glen Road or ifit would include other projects. Brown stated this figure would be allocated to the Glen Road easement acquisition. Mayor Bean commented he did not feel the $20,000 which has been allocated for purposes of drainage problems would provide much assistance. Brown explained the $20,000 would enable staff to solve somewhere in the area of 10 to 12 problems per year.. He noted in the spring of this year, approximately 60 drainage complaints were received. 11/22/96 FRI 11: 57 FAX 4-H SHOREWOOD " I4J 004 CITY COUNen. WORK SESSION MINUTES NOVEMBER 18, 1996 - PAGE 4 Hurm commented vvith respect to the easement acquisition, ofthe total project cost, only 30 percent of the cost will come out of the fund. The balance would theoretically be reimbursed through the special assessments as well as funds which will hopefully be obtained from the Watershed District. FUND: Liquor SUBFUND: Tonka Bay FUND NO.: 71 FUND: Liquor SUBFUND: Shorewood Piau FUND NO.: 72 FUND: Liquor . SUBFUND: Old Market Road FUND NO.: 73 Councilmember McCarty inquired with respect to previous discussions regarding the. possibility of renegotiating the current lease on Old Market Road. Rolek explained the only option would be to sublet the space. The lease is a seven year lease which will expire in five years. Rolek explained it is anticipated the net income between the three stores will be approximately $24.000. He pointed out that two of the stores are making money and one is not, however, it is improving. The store is CUlTently $127.000 ahead oflast year. Rolek noted the goal would be to achieve a 23 percent gross profit margin. Mayor Bean pointed out in two stores there is a modest to significant increase in the cost of goods sold, however in Shorewood, there is actually a reduction in the cost of goods sold, but a significant increase in gross sales. . Mayor Bean recalled in the past be has asked to see a more definitive business plan for the stores and noted an actual business plan has never been presented reflecting marketing or sales projection plans. He stated this raises the question of whether the City should be in the liquor business. Councilmember Stover commented there are people who are very opposed to liquor and people who feel any way to make money for the City is not money which had to come out of their pocket. Counci1member Shaw added there is another group who would feel government should not be involved in private enterprise. Mayor Bean noted the puhlic hearing relative to the 1997 Enterprise Budgets wiD be held on Wednesday, December 4, 1996. . . . 11/22/96 FRI 11:58 FAX CITY COUNCIL WORK SESSION MINUTES NOVEMBER 18, 1996 - PAGE 5 4. ADJOURNMENT ~+.+ SHOREWOOD ." 14]005 Shaw moved, Benson seconded to adjourn the Work Session Meeting at 9:24 p.m. Motion passed 5/0. RESPECI'ji'ULL Y SUBMITI'ED. CherylWallat, .Recording Secretary TimeSaver Off Site Secretarial A TI'EST: JAMES C. HURM, CITY ADMINISTRATOR ROBERT B. BEAN, MAYOR .... <''1 . . CITY OF SHOREWOOD RESOLUTION NO. 96- A RESOLUTION GRANTING DEFERMENT OF SPECIAL ASSESSMENTS FOR THE 1996 WATER IMPROVEMENTS PROJECTS WHEREAS, the Shorewood City Council has adopted Minnesota State Statutes 435.193 through 435.195 allowing senior citizens or retired and disabled persons who meet hardship conditions to defer special assessments for the 1996 Water Improvement Projects; and, WHEREAS, the City Council has outlined the conditions constituting such hardships in Section 903.18 Subd. 7 (b) of the Shorewood City Code; and, WHEREAS, certain residents to be so specially assessed have filed application for such deferment and have been found to comply with all necessary conditions. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood that the special assessments for the 1996 Water Improvements Projects, and the interest thereon, be deferred for the following residents: Name Pershing Holm Dorothy Siegler Levy No. 13770 13771 Amount $5,000.00 $5,000.00 Address PID No. 5315 Eureka Road 28-117-23-33-0025 24905 Smithtown Road 33-117 -23-24-0009 ADOPTED by the City Council of the City of Shorewood this 25th day of November, 1996. Robert B. Bean, Mayor ATTEST: James C. Hurm, City Administrator/Clerk ft3A He 227 {6-a21 APPLICATION AND AUTHORIZATION FOR DEFERRAL OF SPECIAL ASSESSMENTS M.S. 435.193 F- .. Thai I am retired because of permanent 8nd 10tal disability APPLICANT: Submit 4 nolerized copies of lhis application to your municipality or 18xing district. That I reside at ~. Thai I am the owner of the property legallv described 8S: (Give legal description, c::J Abstract c::JTorrens I .! I. the undersigned, decI8re~..J 0 ~ 0 CfoS- 9/Y1J~ That I am nol less than 65 years of age and thai the date of my birth is COU AT A PT or~ S lIIIE OF lOT 39 THEREOF TlI E 160 75&100 FT TlI N Sl Y LINE or SllITIlT0I-1N ROAD TlI Sl"l V DIS 211 65&100 FT NElV FROI1 ~"lV DIS 256 5UO FT E FROIl SH COR PAR ~IITlI H LINE OF SAID lOT TO ALONG SAID ROAD TO A PT TlIERElIl COR TlIEREOF TIt SEl V TO DEG That my interest ~e ownership of the above property was acquired on -~~. and is as fOllows:JX.J SOLE OWNERSHIP c:::J OTHER UNlllJ.(IIDEyf INTEREST _ Specify c::JJOINT TENANCY - HELD WITH c:J Additional Sheet AUached 19.5T T~B1 on 1anuary 2, l~or June I, 19_.1 owned and occupied the above property as my homestead and that such occupancy began on ~, ~r- /9' ~ 19_. \that the.fissessment charges duly adOPted by ordinance which have been allocated against the subject property would create undue personal hard. ship on my behalf and I respectfully request that payment be delayed and that such taxes be deferred. APPLICANT: Complete unshaded areas - For assistance contact your municipal clerk. Date of First Total Amt. Remaining Amt. Interest Rate Annual Pay"",nt of Lavy of Lavy of levy . ~ .s-v c~ 7Va~ levy No. ~prl day of NtlIt.ttJ::x...- The foregoing instrument was acknowledged before me this 19~ Bybt>r"~l t.. <;'.~u,.,.. (Applicant) .t.1J,w- ctEcert!fY the above to be true a'1d Correct. County. Minnesota " (Signature ~pj;lic~~ r ---H.. (-. - k~j . ~in My commission expires 'f ~ I I Ill> AUTHORIZATION I, Clerk of the of in Hennepin County. State of Minnesota, do hereby certify that this application has been duly reviewed and that in accordance with the minutes of official record in said cham, bers was duly c:J APPROVED c:::::J DENIED as of 19__ (Sea" That in accordance with approval granted, that the taxes on the affiants subject propefty levied for collection as described should be so defer- red in the TOTAL AMOUNT OF $ and compounded at the additional interest rate of_ % until such time as it is deemed the appli- cant no longer qualifies or the property loses its eligibility, Clerk or Date of Approval Authorized Deputy ORDER OF DEFERRAL REGISTER OF DEEDS I certify that I have reviewed this application and that it has been duly approved and that assessment charges levied for special assessments under the subject ordi. nance have been officially deferred as stipulated by the above subdivision and reo corded in the Register 01 Deeds office in this county as noted, and it is so ordered. DATE OF ORDER COUNTY AUDITOR ORDER OF TERMINATION The above order terminated this REASON: day of ,19_ DATE OF TERMINATION COUNTY AUDITOR c . . .. He 22716.821 IJ APPLICATION AND AUTHORIZATION FOR DEFERRAL OF SPECIAL ASSESSMENTS M.S. 435.193 St eo Minnesota C ot of Hennepin APPLICANT: Submit" noUtfired copies o' this applicstion to your municipality or laxing districl. PRINT OR TYPE NAME HERE Thall reside At &3 That I am Iho own", 01 the properly legetty described ItS: (Give legnl description) c=:J Abslfact c=:J Torrens Thllt' am raHred because of permane"1 and t018' disability L074 ) 6LOc..Z / I Lee? 's. Sc~u~ ,/" [:::J Additional Sheet A ..ached That my interest in the ownership of the above ~ as follows: CJ SOLE OWNERSHIP ~JOINT TENANCY - HELD WITH property was acquired on A PI! / I c:::J OTHER UNDIVIDED INTEREST - Specify 197? That on January 2. 19~or June 1, 19_. I owned and occupied the above property as my homestead and that such occupancy began on A('R/L 192. That the assessment charges duly adopted by ordinance which have been allocated against the subject property would create undue personal hard- ship on my behalf and I respectfully request that payment be delayed and that such taxes be deferred. Levy No. Remaining AmI. 01 Levy "7 --- --..-.--.-- ..- .._-_...~.._._-- ------ Notorial Stamp or Seal STATE OF MII'INESOTA County of I-\,erlrof"n The foregoing instrument was acknowledged before me this . (~+4'\ day of ~OJet~ 19~ By V..u~I~ ill tY1 .t~.~~~.~'Hi_rlOf Notary ~lol/l Ct. d:::lt.13icantl I certify the above to be true and correct. . ~NOTMYPUIUC-~bIlC. County,Minnesota Si~atur.~'rJ"fn) Myeamm....... ission expires '1~11 DO f/ /'1/-. AUTHORIZATION I. Clerk of the of in Hennepin County, State of Minnesota, do hereby certify that this application has been duly reviewed and that in accordance with the minutes of official record In said cham- bers was duly c=:J APPROVED [:::J DENIED as of 19_. (S.al) That in accordance with approval granted, that the taxes on the affiants subject property levied for collection as described should be so defer- red In the TOTAL AMOUNT OF $ and compounded at the additional interest rate of _ % until such time as it is deemed the appli- cant no longer qualifies or the property loses its eligibility. Clerk or Date of Approval Authorized Deputy ORDER OF DEFERRAL REGISTER OF DEEDS I certify that I have reviewed Ihis application and that it has been duly approved and that assessment charges levied for special assessments under the subject ordi- nance have been officially deferred as stipulated by the above subdivision and re- corded in the Register of Deeds office in this county as noted. and it is so ordered. DATE OF ORDER COUNTY AUDITOR ORDER OF TERMINATION The above order terminated this REASON: day of ,19_ DATE OF TERMINATION COUNTY AUDITO" , -\ . . \ CITY OF SHOREWOOD RESOLUTION NO. A RESOLUTION APPROVING THE FINAL PLAT OF MARSH POINTE WHEREAS, the final plat of Marsh Pointe 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 Marsh Pointe is hereby approved. 2. That the approval is specifically conditioned upon the terms and conditions contained in the Development Agreement for Marsh Pointe Planned Unit Development, 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 thereto, shall be recorded within sixty (60) 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 25th day of November, 1996. Robert B. Bean, Mayor ATTEST: JAMES C. HURM City Administrator/Clerk 3,8. . . CITY OF SHOREWOOD DEVELOPMENT AGREEMENT MARSH POINTE PLANNED UNIT DEVELOPMENT THIS AGREEMENT, made this 25th day of November, 1996, by and between the CITY OF SHOREWOOD, a Minnesota municipal corporation, hereinafter referred to as the "City", and LUNDGREN BROS. CONSTRUCTION, INC., a Minnesota corporation, hereinafter referred to as the "Developer". WHEREAS, the Developer has an interest in certain lands legally described in Exhibit A, attached hereto and made a part hereof, which lands are hereinafter referred to as the "Subject Property"; and WHEREAS, Developer proposes to develop the Subject Property by means of a Planned Unit Development ("P.U.D.") consisting of 32 lots and 1 outlot; and WHEREAS, the Developer has made application for a Conditional Use Permit for a P.U.D. with the Zoning Administrator and submitted a Concept Plan and Development Stage Plan for the property, which matters were considered by the City Planning Commission at their meeting held on 18 July 1995, and at a meeting of the City Council on 14 August 1995; and WHEREAS upon recommendation of the City Planning Commission, the City Council did consider and grant Concept Plan and Development Stage Plan approval as set forth in Resolution No. 95-76; and WHEREAS, the Developer has filed with the City the Final Plat for "Marsh Pointe", a copy of which plat is attached hereto and made a part hereof as Exhibit B-1, B-2 and B-3; and 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 adopted by the City Council and set forth in Resolution No. 95-76, incorporated herein as Exhibit C-l through C-3. In addition, development of the P.U.D. is subject to the requirements of the R-IA, Single-Family Residential zoning district. (01) Minimum setbacks (for all structures) shall be as follows: (a) Front: 35 feet (b) Rear: 40 feet (c) Side: 10 feet (d) Side yard abutting a street: 35 feet* (e) Wetland buffer/Setback: 35/15 feet (f) Enchanted Wetland Buffer/Setback: (Lots 1,2,4,5,6 and 7, Block 1) 50/15 feet** * Srnithtown Road Setback: 50 feet **City Designated Wetland (02) Maximum building height 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 deeded to the City for drainage and wetland conservation purposes. (04) The Developer shall comply with the requirements of Shorewood's wetland code (Chapter 1102) and the Wetlands Conservation Act of 1991 [Minn. Stat. 103 G.221 et. seq. (hereinafter referred to as the WCA)]. It is the intent of this agreement that areas adjacent to wetlands be maintained in their natural state. . (a) A minimum 35-foot buffer strip shall be maintained adjacent to all wetlands. (b) Natural vegetation shall be maintained in wetland buffer strips. Where disturbed by site development, wetland buffer strips shall be restored with natural vegetation. (c) Wetland buffer strips shall be identified within each lot by permanent monumentation approved by the City. (d) A monument is required at each lot line where it crosses a wetland buffer strip and as necessary to establish required setbacks from the wetland buffer strip. Monuments shall be placed within 60 days of completion of site grading or prior to issuance of a building permit, whichever occurs first. (e) The Developer shall record with the Hennepin County Recorder or Registrar of Titles, a notice of the wetland buffer requirement against the title of each lot with a required wetland buffer strip. (f) No structures, including, but not limited to, decks, patios, and play equipment may be located in the wetland buffer strip or the required wetland setback area, except that fences shall be allowed within the wetland setback area. (05) Resubdivision of Lot 7, Block 2. It is anticipated that Lot 7, Block 2 will be subdivided into two lots in the future. Any such subidvision shall follow formal platting procedures. 2.) Improvements Installed by Developer - Developer agrees at its expense to construct, install and perform all work and furnish all materials and equipment in connection with the installation of the following improvements: . (01) All site grading including building pad correction where needed; (02) Street grading, stabilizing and bituminous surfacing; (03) Surmountable concrete curb and gutter; (04) Sanitary sewer; (05) Storm sewer and surface water drainage facilities; (06) Watermains and service connections; (07) Street name signs and traffic control signs; (08) Required landscaping and reforestation; consistent with the plans and specification prepared by Schoell & Madsen, Inc., dated 15 August 1996, and received and approved by the City Engineer. 2 . . It is understood that the above improvements do not include any of the "Public Improvements" to be constructed by the City in extending City water to the property. It is further 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 Marsh Pointe for the development of the Subject Property. Said plat is attached hereto and made a part hereof as Exhibit B-1, B-2 and B-3. 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 as the Developer's final plan for development of the property. The final plat shall be recorded with the Hennepin County Recorder by 25 May 1997. 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 equal or exceed City standards, 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 City standards and specifications, and shall be subject to inspection and approval of the City. 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 October 1997. 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 completiol1 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 sanitary sewer, storm sewer, surface water drainage facilities and watermains within the plat, 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. 3 11.) Staking. Surveying and Inspection - It is agreed that the Developer, through its engineer, shall provide for all staking and surveying for the above-described improvements and delineation of the wetland buffer areas. In order to ensure that the completed. improvements conform to the approved plans and specifications, the City will provide for resident inspection as determined necessary by the City Engineer. 12.) Grading. Drainage. and Erosion Control- Developer, at its expense, shall provide grading, drainage and erosion control plans to be reviewed and approved by the City Engineer. Said plans shall provide for temporary dams, earthwork or such other devices and practices, including seeding of graded areas, as 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.) Street Signs - Developer, at its expense, shall provide standard city street identification signs and traffic control signs in accordance with the Minnesota Manual on Uniform Traffic Control Devices, as directed by the City Engineer. . 14.) Access to Residences - Developer shall provide reasonable access, including temporary grading and graveling, to all residences affected by construction until the streets are accepted by the City. 15.) Occupancy Permits - The City shall not issue a certificate of occupancy until all Improvements 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.) Conveyance 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, and all other items disturbed during construction. 4 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. . 22.) 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. . 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. 24.) Laws. Ordinances. Regulations and Permits - Developer shall comply with all laws, ordinances, and regulations of all regulatory bodies having jurisdiction of the Subject Property and shall secure all permits that may be required by the City of Shorewood, the State of Minnesota, the Minnehaha Creek Watershed 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 $32,000 ($1000 for each lot) as local sanitary sewer access charges. At such time as Lot 7, Block 2 is resubdivided, one additional sewer access charge shall be paid at the rate in effect at the time said lot is resubdivided. 5 26.) Municipal Water Charges - Developer agrees that a special assessment will be levied against all lots except Lot 7, Block 2 in the amount of five thousand dollars ($5000) per lot for City water. Developer further agrees to pay trunk charges in the amount of five thousand dollars ($5000) per lot to be levied against all lots except Lot 7, Block 2. At such time as Lot 7, Block 2 is resubdivided one additional trunk charge shall be paid at the rate in effect at the time said lot is resubdivided. Developer has requested, and the City agrees, that these charges and the special assessments will be paid as an assessment against each lot and will be paid over a period of not to exceed fifteen (15) years at an interest rate not to exceed seven percent (7%). 27.) Park Fund Payment - Developer shall, prior to release of the final plat by the City, make a cash payment to the City in the sum of $31,000 (31 x $1000) for the Park Fund. Credit has been allowed for Lot 7, Block 2. At such time as Lot 7, Block 2 is resubdivided, one additional park fee shall be paid at the rate in effect at the time said lot is resubdivided. . 28.) Notices - All notices, certificates and other communications hereunder shall be sufficiently given and shall be deemed given when mailed by certified mail, return receipt requested, postage prepaid, with proper address as indicated below. The City and the Developer by written notice given by one to the other, may designate any address or addresses to which notices, certificates or other communications to them shall be sent when required as contemplated by this Agreement. Unless otherwise provided by the respective parties, all notices, certificates and communications to each of them shall be addressed as follows: To the City: Zoning Administrator CITY OF SHOREWOOD 5755 Country Club Road Shorewood, Minnesota 55331 With a Copy to: Shorewood City Attorney c/o LARKIN, HOFFMAN, DALY & LINDGREN, Ltd. 1500 Norwest Financial Center 7900 Xerxes Avenue South Minneapolis, Minnesota 55431 . To the Developer: Peter Pflaum Lundgren Bros. Construction, Inc. 935 East Wayzata Boulevard Wayzata, MN 55391 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 6 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. 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 duse 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: . 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. (a) (c) The cost of reasonable engineering, legal and administrative expenses incurred by the City in enforcing and administering this Agreement. (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. 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. 7 . . 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 Counter:parts - 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. I IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year first above written. LUNDGREN BROS. CONSTRUCTION, INC. CITY OF SHOREWOOD By: Peter Pflaum, President Its: Mayor ATTEST: City Administrator/Clerk STATE OF MINNESOTA ss. COUNTY OF HENNEPIN On this day of , 1996, before me, a Notary Public within and for said County, personally appeared Robert B. Bean 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 8 . . STATE OF MINNESOTA ss. COUNTY OF HENNEPIN On this day of , 1996, before me, within and for said County, personally appeared Peter Pflaum, President, Lundgren Bros. Construction, Inc., 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: Larkin, Hoffman, Daly & Lindgren, Ltd. 1500 Norwest Financial Center 7900 Xerxes Avenue South Minneapolis, Minnesota 55431 (TJK) 9 . . Schedule A Legal Description Continued File No.: C 2466540 Parcell: Tract A, Registered Land Survey No. 1064, Hennepin County, Minnesota. Torrens Certificate Number: 837460 Parcel 2: That part of the Southeast Quarter of the Northwest Quarter, Section 32, Township 117, Range 23, described as beginning at a point on the South line of said Southeast Quarter of the Northwest Quarter 313.5 feet East from the Southwest corner of said Southeast Quarter of the Northwest Quarter; thence East along the South line of said Southeast Quarter of the Northwest Quarter 165 feet; thence North parallel with the West line of said Southeast Quarter of the Northwest Quarter 330 feet; thence East parallel with the South line of said Southeast Quarter of the Northwest Quarter 264 feet; thence North parallel with the West line of said Southeast Quarter of the Northwest Quarter to thy North line of said Southeast Quarter of the Northwest Quarter; thence West along said North line 429 feet more or less to its intersection of a line drawn parallel with the West line of said Southeast Quarter of the Northwest Quarter from the point of beginning; thence South along said parallel line to the point of beginning except that part thereof described as the West 115 feet of the South 378.78 feet as measured along the Southerly and Westerly line thereof, Hennepin County, Minnesota Torrens Certificate Number: 763691 Parcel 3: That part ofthe Southeast Quarter of t~e Northwest Quarter, Section 32, Township 117, Range 23, described as follows: Commencing at the Southwest corner thereof; thence North along the West line thereof a distance of 200 feet, to the point of beginning of land to be described; thence East and parallel to the South line thereof, a distance of 145 feet; thence South and parallel with the West line thereof, a distance of 200 feet to the South line thereof; thence East along the South line thereof a distance of 20 feet; thence North andparallel with the West line thereof, a distance of 31.29 rods; thence East and parallel with the South line thereof a distance of 9 rods; thence North and parallel with the West line thereof a distance of 48.71 rods to the North line thereof; thence West along said North line a distance of 19 rods to the Northwest corner thereof; thence South along the West line thereof a distance of 1,165 feet; more or less, to a point 200 feet North of the Southwest corner thereof, the point of beginning, Hennepin County, Minnesota. Abstract. Exhibit A 96 Aug 15 10:22:41 F:lSUR/601201081/PLAT/60120081 DANF . . PLAT fiLE NO. MARSH POINTE C.R. DOC. NO. IlATCIi UHE ~ (SO: SHEET J or . SHEtTS) -<t- I - 100 0 100 200 JOO ~ I ~-- . i Scole in Feet . ' , , , , , , o " ,. ( o ,. . - o.noa.. 1/2-iftdt . 14-inc" .. iron pipI mo"" .., LiceftM '7001. 8eorinp ...,... ore ~. 0,,, oncI utililJ' EOMI'Nl'I'-.... ...... th..a: .. -; 10 10---1 J__J !--IO 10 I L_l._ ii fl 5i I ~ 10 .... iI'l ..... oncII ocIjoini~ ~-oI-", ...... and llein9 10 I. ift width GAd ocIjol~ lOt linn. unlal ou.erwiM incIil:Oled on IhI PoL 110 sc.ou: In ......... -- ~ ~ ::r' _. 0" _. f'"t- eo I ~ I~ . . " \ \ ,:,:' ............. ::::~:' 1'..3D .......:,' ..-- ....... SCHOELL . MADSON. INC. ENGINEERS . SURVEYORS . PLANNERS SOil TESTING . ENVIRONMENTAl SERVICES SHEET 2 Of" 4 SHEETS I di !! !!--l - l!! .J " lr ] 1 I II & 00 -4- 1..1...J I) zZ g ~ 11:U l.IJ . " TTI l! il,! ...JU h I I -0 ! I -tI u..o Ii g..s ~o; 0 I - n!1 --I a.u -- i I/) 0- .... I/) .... . VJ~ :I: I/) u 15~ .,. z ~.... - I/) ... Z 0..;;1, 0 o .0- N ell en~ 0- Q o::::i .... .... c i~ :I: ::I 0: I/) .. ::J~ en'" ..I . . iiI en Cl o o:;!!; ",0- :z: ",I/) u;!!;l;:! ell ~....I ...~ /~ ~ \ \ \ '1 i I . W I 0 I l- Ii Z I l- I - 0 I 0 ~ I ~ I a. I- :I I 0 I :r: I I tn. I a:~ I .~ I c( ) l' :E 10. 0 . .., 10. .- 0 / / / \ \ \ \ "-~ \ \ \ i c !; /i.. ii R ! tl u. Z <( Q ;;; 0 0 N 0 to f:; <( ...J ~ 0) 0 0 N 0 to ~ ::J 'i! -'. L:.: N 0 ~ N 0 ~ Cl :l <( to '" '...... 1IIlI'01,'" Exhibit B-2 llO~'OI 00 zZ ~u G:g ~~ Q.U . . u. Z <t o co o o N ;; <D ;:: S '1: co o o N o <D i? :> ~ u: .., '" N o ~ .( <D '" I , I I I I I _ L _ _1. _ _ L _ _1_ - --1- ~ ,,'.CI'- - &$,.ct'- - W I- Z - o Q. :E: tn a: c( :E -,---,-- I i I I I I , I / \ I ~/ \ I / \, ( I I I I I I l -T-- , I I I I I ast"',,,, ...... \ \ \ \ \ \ \ \ \ i; . ~ ;~ 1 . ~8 &~ .~ J!- "I UJ > Q: o "'I.'l~ ...... - -&c-- _,sUi'''' ..... " " " a.$t.C''- ...... --- . ...-:m.. / / / / / / I / = t r/ ! f I II I I! . . -'. ""ZM .......- ; llO-<<'OI en ~ '" en '" . cn~ J: en U ffi~ . z ~'" - 1Il lo.. Zo..;;/. 0 0.... ..., (OlIl~ ~ Q o:::Ii '" C ~~ '" J: =- a: en .. :;)~ 1Il'" ... . . mlllU o a:~ ...~ % ....en U ~l:! (0 z-' ....~ ~ ! ;; : s .5 . "0 Jl i1! 1:1 ili 5; e" ii ~ 8 I .1 .! i .i ~ . I .,1 . c::- · iI! 1lr I i !; ii ~ I !!_-j ~ I 1..1....J .rii - :il~ IJJ a .j :[j i 'ilal -fl. _ ~1-h d.51 TT-' . I . I !! I !!_-, Exhibit B-3 CITY OF SHOREWOOD RESOLUTION NO. 95-76 A RESOLUTION APPROVING DEVELOPMENT STAGE PLANS AND A PRELIMINARY PLAT FOR LEDIN/WARTMAN/MINNEWASHTA P.U.D. WHEREAS, Lundgren Bros. Construction, Inc. (Applicant) is the owner of real property located in the City of Shorewood, County of Hennepin, legally described in Exhibit A, attached hereto and made a part hereof; and WHEREAS, the Applicant received Concept Plan approval subject to the conditions set forth in Shorewood Resolution No. 95-50, dated 12 June 1995, which resolution is on file at the Shorewood City Hall; and . WHEREAS, the Applicant has now applied to the City for approval of Development Stage Plans and a Preliminary Plat for the construction of a residential planned unit development known as the Ledin/Wartman/Minnewashta P.D.D., containing thirty-two (32) single-family lots on approximately 75.58 acres of land; 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 13 July 1995; and WHEREAS, the Planning Commission at its regular meeting of 18 July 1995 recommended approval of Development Stage and a Preliminary Plat Plans for the Ledin/Wartman/Minnewashta P.D.D., subject to conditions; and WHEREAS, the Park Commission at its regular meeting of 8 August 1995, discussed whether the City should require cash in lieu of land as a park dedication requirement; and . WHEREAS, the Applicant's request was considered by the City Council at its regular meeting of 14 August 1995, at which time the City Planner's memorandum and the minutes of the Planning Commission were reviewed, and comments were heard by the City Council from the Applicant and City staff. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: FINDINGS OF FACT 1. That the existing zoning of the property is R-IA, Single-Family Residential. 2. That the total area ofthe property is approximately 75.58 acres, consisting of three parcels, one of which is occupied by an existing single-family dwelling, and of which approximately 42.6 acres exists as City-designated wetlands. 3. That the Applicant proposes to divide the property into 32 single-family residential lots, including one with an existing home on it, plus one outlot. - 1 - Exhibit C-l 4. That the proposed net density of the project is 1.1 unit per 40,000 square feet. 5 . That islands of dry ground surrounded by the wetlands, containing approximately 1.6 acres, will be platted as an outlots to be preserved as common open space by owners of lots within the plat. 6. That a strip of dry ground on the north side of Smithtown Road, containing 2.9 acres, may be platted as a separate outlot to be preserved as common open space by the owners of lots within the plat. 7 . That it is understood that the lot with the existing home on it is capable of being replatted as two lots in the future. CONCLUSIONS A. That the density of the proposed P.D.D. is within the guidelines of the Shorewood Comprehensive Plan and Zoning Code. . B. That the Applicant's request for Development Stage P.D.D. and Preliminary Plat approval for 32 single-family residential lots (including one existing home) is hereby approved, subject to the following conditions and restrictions: 1. Protective covenants for the P.D.D. shall clearly set forth provisions for protecting the wetlands (i.e. no dumping of yard waste, no fencing, no site alteration, etc.). 2. Required minimum setbacks within the P.U.D. shall be as follows: . Front: Rear: Side: Side Abutting Street: Wetland Buffer/Setback: Enhanced Wetland Buffer/Setback: (Lots 1,2,4,5,6 and 7, Block 1) 35 feet 40 feet 10 feet 35 feet * 35/15 feet 50/15 feet ** * Smithtown Road setback: 50 feet ** City Designated Wetland 3 . Natural vegetation shall be maintained in the wetland buffer areas. 4. The Applicant shall dedicate wetland conservation easements over the City designated and Wetland Conservation Act wetlands and the buffer area required in (2.) above. 5. Dpon completion of final grading, the Applicant shall cause his surveyor to place survey monuments locating the wetland buffer area on each lot. 6. R -1 A zoning requirements, except as modified herein, shall be maintained throughout the P.D.D. 7. The P.D.D. shall be connected to the municipal water system and shall be subject to the following water trunk charges and assessments: - 2 - Exhibit C-2 Trunk charges: 3110ts x $5000 = $155,000 Water assessment: 3210ts* x $5000 = $160.000 Total $315,000 * The lot with the existing home on it is not subject to trunk charges. 8 . Plans for wetland mitigation must be approved by the Minnehaha Creek Watershed District. 9. On-site ponding intended to handle storm water runoff from the project shall be designed to National Urban Runoff Program (NURP) standards, and shall be sized based on detailed runoff calculations to be submitted by the applicant and approved by the City Engineer. . 10. If the project is constructed in two phases, watermain construction may necessitate that the entire street right-of-way through the plat be dedicated in the first phase. 11. The applicant shall prepare a tree preservation and replacement plan consistent with the policy currently being drafted by the Shorewood Planning Commission. C. City Council approval of the Development Stage Plans is subject to all applicable standards, regulations, and requirements of the Shorewood City Code, including, but not limited to the following: 1. Section 1201.04.04 Subd. 1. regarding the procedures for review and approval of conditional use permits; 2. Section 1201.06, Subd. 3. regarding special procedures for the establishment of a P.U.D. by conditional use permit; . 3. Section 1201.25 Subd. 6.c.(1) regarding the purpose of Development Stage approval. D. Approval of the Development Stage Plans is not intended, nor does it act to grant approval of a Final Plan which is required pursuant to Section 1201.25, Subd. 6.d. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 28th day of August, 1995. Robert B. Bean, Mayor ATTEST: James C. Hurm, City Administrator/Clerk - 3 - Exhibit C-3 . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (612) 474-3236 MEMORANDUM . TO: FROM: DATE: RE: FILE NO. Mayor and City Council Brad Nielsen 22 November 1996 Marsh Pointe P.D.D. - Final Plan 405 (94.05) This is to supplement the resolution and development agreement for the Marsh Pointe P. D.D. (previously referred to as the L WM Property). Approval of the final plan and final plat should be subject to the following: 1 . Plans and specifications are subject to review and approval by the City Engineer. 2. Drainage and wetland mitigation must be approved by the Minnehaha Creek Watershed District. Their previous approval has expired and they are on the MCWD agenda for Tuesday night. 3. The development agreement will be executed in 1996, but the plat will not be recorded until next spring, just prior to construction. Consequently, the title opinion must be up-dated no more than 30 days prior to the filing of the plat. . 4. The development agreement and the protective covenants must be revised to state that the sewer and water services to the peninsula lots will be privately owned and maintained. 5. The protective covenants must be revised to state that the two peninsula lots are responsible for maintenance of the private drive. Lot 9 will have its own driveway. 6. Prior to release of the plat, the developer must pay $31,000 in park dedication fees and $31,000 in local sanitary sewer access charges. The developer intends to petition to have the water trunk charges and the water assessments spread against the lots. 7 . The tree preservation plan must be modified to include wetland vegetation on the peninsula to break up the mass of the two homes which will be built there. Also, the developer must provide a plan for restoration of the wetland areas which will be disturbed. The revised plan should be available for Monday night's meeting. A Residential Community on Lake Minnetonka's South Shore . . CONSTRUCTION PLANS FOR. MARSH POINTE PREPARED FOR. LUNDGREN BROS. CONSTRUCTION, INC. CITY OF SHOREWOOD, MINNESOTA SANITARY SEWER, WATERMAIN, STORM DRAINAGE & STREET PAVING WAIlliIOO THE CONTRACTOR SHALL CONTACf All PUBUC UTILITIES FOR lOCAJION or AlL UNO(RGROUNO WIRrs. CABI [S. CQNOUnS, PIPES. UANIKlI[, .....\'[S OR Olll[R OIlRIEO SIRUCIURIS DlTOIl[ OIGGING IIt( CONlltAClllR 511A1t HlPMI OIf RU'lAC[ Tll[ AlUM WlllN OAJ,lAC[O OURING CONSIRUCHON AT NO CDsr 10 HtE OWNER. SHEET I. 2. J. 4. 5. 6. 7. 8. 9. 10. II. 12. 13. 14. 15. 16. 17. 18. 19. SHEET INDEX DESCRIPTION COVER INDEX smEET CONSTRue nON MARSH POINft ORI\'[ STA 0.00 TO 8too SlHEEf CONSTRue nON YARSU POINt[ DRIVE STA 7+00 10 15t~O SmE[f CONSTRUCOON UARStt POINfE DRIVE 51. '4+00 TO END SmE[f CON5TRUCOON UARSlI POINfE COURT ImE[f CONS1RUCllON UARSI' POINfE CIRClE 51R[ET CONSmUCllON PRIVAfE DRIVE SANITARY SEWER" WAftR"''''N MARSH POINT( ORI'\JE S1A Ot-OO TO e.oo SANitARY SEv.{R " WArtR"'''''N ......RSH POINrE DRIVE SI... hOD 10 15..50 SANIfARY SEVwtR Ie WAJ(RUAIN MARSH PQlNt[ ORly[ ST" 141000 10 END SANIIARY S[W[R . WAftRuAIN UARSH POINT( eOURl SANITARY SEVltR I: WATtRUAIN MARSU POINft CIRClE SANH ARY SEYt{R Ie W...lER......IN PRIV'" TE ORI'vt 510RU SEYot:R UARSH POINfE DRIVE 5 lDRU SEYot:R UARSH POIN It DRIVE 5 fORU SEWER PRIVA f[ ORI~ OErAIlS OElAllS 1. 2. J. rOR INfOR......nON ONLY CRADINC. DRAINAGE. [ROSlON CONTRa.. PLAN IYt€ST HALfl CRADING. DRAINAGE. [ROSlON CON IROl PLAN [AS T HAlf DEJAllS I tt[R(OY C(RflN TH....T ntlS PlAH WAS PREPAREO BY lAE OR UNDER UY DIRECT SUPERvISION AND THAT I AM A DULY REGISTEREO PROfESSIONAl ENGINEER UNDER THE LAWS Of THE STAlE or "'INNESOTA. SCHOELL & MADSON, INC. ENGINEERS . SURVEYORS . PLANNERS SOIL TESTING. 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UMRONloI(NTAL SUMC(S IOSao WAYlArA BOUltVARD, SUIE I UINH[fQNl(,A, UN ,m, (112) '.6-1101 fAll:!H'.V~ LUNDGREN BROS. CONSTRUCTION, INC. ~~_ : 1 1C!!- I III P1.I'I_..:.... .:,......":'"... ..,.int COw," "nOOI UIl. I,p. 41 w.. I :t.to';'or\j~:.r,'p:;1i:~fl~. e.... .. (;,...... au... VnOOl C'un ~ 100. C....h.ll 0..".., Slu.,. - h~~ C..,. .."001 UllI PRIVATI! ROAD TYPICAL ITRI!I!T BECTlON PROJECt NAlAE/SIl[[1 IIILE STREET CONSTRUCTION MARSH POINTE CIRCLE MARSH POINTE S.M.I. PROJECT NO. 60120-081 SHEET 7 or SIIEFI S V1 on 0 on ; on 0 on ~ on 0 on on .. ~ .. .. 0; '" .. .. .. .. Vi ~ Z 0 0 co ~ au w UW~ ':! ::l;!:Z Vi a:a:- ~QO co ~Wa. 0 I Z O~:c 0 .... 0 g U~(I) ;; ~ u ~-a: '" ClIII Wa:< 0 C_ ~ ~~::E 01- z Cl:I Vi - =C ~ ~ U " fI) ~ C" ~ 0 >- g: ii:... ...C ~ u it a ~ > 0: vi I- 0. ...,.. .. 1'] :w- --- 1&.,.... ."lS~ , i--- CUOL" <:: ~ ~"'1JI'" ....... 0;'" ... ,,1$ ~ . \. \ QllO"IIn"''O~ -.... 'flO+"...,1S~ OlX'"ta.. '13 W\ d~ ".c .. 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'" ~ a: 96~ 960 9~~ 9~ 9'~ 940 9~5 9JO 925 920 ~ REVISIONS """""" 5([ $liEn . stAtU: I.-W~ '" .,' '401 ~ . ....... ""fYY nod IloJt ..... II'{c.ntllrlOll, 011 .~Iw.s"""N.lI(O"w(OlIIUOoOUI"'l)IItCI IuP~NoCln""IAUo\lLIl"IU.C1\ItJlrJ),IlOl"(sSlOOiIlf. (JoC.Ioof.{JI UOo~Jt n.( l.NoS OIIhlI'Art or >>.....(5014 DolIt;_I::.I$:II_J1IC.NO._IJ)lt_ DAtl_ . . 5[[ StI[n 14 4 -" I I I I I I I I I I . ( I S-J.:O. '.l'~ ." $([ SHEff . MARSH POINTE COURT 1)'- ~ _I! I tt'STOItU$('II(JIl l! =, i~ J1".~ SOl 's . 0.4011 f;; n ~ f I i -1+00 0+00 1+00 2+00 .3+00 4+00 5+00 I -e- I SCHOELL '" MADSON, INC. (NClN([M . SORvtYORS . Pl.AHNERS SOIl ItSTIHC . [IMRONW[NTAl 5EfMC[S 'o~ao WAYV.rA 8OIJl..['\IAlm, SUIT! , UINN(1(lH1(A. UN ~'JO' ('12) '46~7601 fAl(:'46-(l0.' OWNER/OEVELOPER LUNDGREN BROS. CONSTRUCTION, INC. DATE: AUG. 15 1996 1:lQIE.; CURB STOPS SHALl BE O.~. .t.B0V[ COH[RUN[ CRAD[. [NO SERVICES AT PROPERTY UNE. 6>00 .~. 'l> o ~ 100 l~.o ~~. J SCAl! "II 11I1 965 960 955 950 9'5 9'0 9" 9'0 925 920 PROJECT NA~E/SIIEET TIlLE SANITARY SEWER. WATERMAIN MARSH POINTE COURT MARSH POINTE 5.1.4.1. PROJECT NO. 60120-081 SIIEET 12 or 19 SHEETS . . 5[[ SttE[f . \ \ \ . , \ -- _J .... _---1 ...... .... ...... '" I I ~ , c:. I 0 - I - -J ... , ~ - $(( StI([ 1 10 S~Ot~J. 141.0 w-~ Sill II~S 975 970 965 960 955 950 ..5 9'0 935 930 .." REVISIONS MARSH POINTE CIRCLE """~ ,".$lJ'ttCIII '".S'\'UI PROPOSrD t CIWJ[ 1~~t~ -........ ~ :f I~ 100f'" I"\IC "'" 'II . O.4OX J ii ~ I ~ I -1+00 0+00 1+00 2+00 J+oo Hoo -e- I I ....1Il" ct"rn IhV rhoS JIUH. ~CllCAI_ 011 lWlQtl ,,'" ""P""D WI If{ 011 II~OUI In Oo'Utf "-"'I~ AAIO ~IIIM" DUlY lU:ClSItJltfl '1lOf1S~ o.c.."UJlUOo(J(.lt 'u' LM'SOI JH( ""11: 01......[$0." OWNER/DEVELOPER SCHOEll '" MADSON, INC. ENGINEERS . Sl..IR'V(YORS . PlAHtOs SOIL TtsnNC . [fMAClNUENTAl SEfMC(S 10580 WAVlArA SOUL1.VARD. SlltTE 1 ......ElOtiKA. t.tN !~JO~ (tl2) 5U-1&o1 FAX:S4e-V065 LUNDGREN BROS. 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II n II Q ~ !!HH!!!i!!I! ~ ~ ~~ B Iii ~ : e p p : ! r I:~_"d ;; II g: i'-J !i"QI 0: ~: N M. 131 ~ _: . b,; ~ a ~ - ! ~ ~ ~ ~ ~ .~ Q l i ! ~ ~ · ii '" Q ~ ~ 5; ~ i~ II I n n~ ~ ~I p p ; ; ~ ;"~ ;: ~~ ~ ~ ~ ~ ~ ~ i~ ~ ~! it I Q 82 ~~ 11 -H '- ,~: t!IIDDIJ lli ~ ~.. ~ ~ I ! . t . . i~- ~~ !\W~. !i ,I .\\" i~ n ~~ ! ' ii l~ II ~ ~ I- sa . o R~ ~.. ~= i! = i: i i~ \ f J 1ft.! ld: jl. i~ Ii' ~ l~ IJ !J:: !! ~ i.: .:II 1: 1~ J! ~ I: " i~, !~ I ~h! 1; i U!, ~ fr ~i-~i/ i ~ .-! n : ~I i: ~~, ~ I ! I H: \'. i I" !':II.s ----' !~. : i i 'I~IH hi ~ :~~tl ~ \ .! ~- . . P AGE NUMBER 1 2 3 SCHEDULE CERTIFICATION ~ ~ ~ DESCRIPTION Preservation and reforestation Management and landscaping Landscape Plan I hereby certify that this plan, s~cifications or report was prepared by me or under my direct super- vision and that I am a duly Regil;tered Landscape Architect under the laws of the State of Minnesota. KEVI~ G. NORBY & ASSOCIATES, INC. I ~ kk\ \ Kevin rby ~ Registration Number 0-1'7.1& Date a .. Marsh Pointe subdivision consists of thirty one single family homesites situated on approximately 30 acres in Shorewood, Minnesota. Mapping and on-site analysis indicates that overstory vegetation consists of primarily american elm and green ash and an old wind break consisting primarily of hackberry. There are also a few hardwood trees such as walnut, basswood and sugar maple. With the exception of lots 15-22, block one and near the homesites along Smithtown road, the site has apprently undergone extensive disturbance and grading. Tre,es are for the most part 6" DBH or smaller and scattered about the site. Secondary or understory vegetation consists of buckthorn, currant, elder and sumac. Many of the small 2".5" ash trees on lots 18,23-25 of block one and lots 4-6 of block two may be good candidates for transplanting on-site. The dominant herbaceous groundcover consists of virginia creeper vine, grape vine, and various non-native grasses and forbes. It is the developer's intent to minimize disturbance of existing native vegetation and to therefore, preserve the existing natural character of the site where possible. In addition, home owners in Marsh Pointe should refrain from altering the grade of the terrain, and refrain from cutting, destroying or removing foliage or vegetation of any kind whatsoever EXCEPT to remove noxious or offensive weeds and dead, diseased or hazardous trees from the preservation areas. . TREE PRESERVATION - It is anticipated that there will be some tree loss due to construction of roads, ulilities and grading operations. In an attempt to minimize additional secondary tree loss due to compaction and stress the fo~wing practices shall be implemented. I In keas where it is expected that site grading may expose or cut roots of large trees the developer will be trenching along the area of disturbance to a depth of 36". This procedure minimizes broken or torn roots and reduces the surface area of damaged root tissue where dehydration and root pathogen infection may occur. i Ttees which are located near construction areas may also be susceptable to compaction resulting from heavy equipment traffic. The developer shall be installing snow fencing around preservation areas and around significant trees or vegetation masses to minimize root suffocation due to compaction and filling. Large trees affected by compaction shall be core areated to a depth of 18" every 25 square feet at their dripline. Individual holes should be filled with a garanular material such as vermiculite. or pea gravel to facilitate oxygen transmission to the root zone. . In areas where significant grade alteration may occur, small retaining walls may be constructed to minimize cutting or filling of soil within the tree's dripline. ~FORESTATION Areas which are disturbed during the construction of roads shall be replanted by the developer so as to provide privacy, buffering and erosion control. In particular, dense plantings are proposed along the north and west property line of lot 7 block two as well as along the east property lines of lots 22-25 block one. These plantings will be a combination of spruce, green ash, sugar maple and american linden. The evergreens will be of 6' in height while deciduous trees will not be less than 2 1/2" caliper. 1 Other areas with some potential for erosion should, depending on exposure to sunlight, be sodded or planted~ with a combination of shrubs and perennial groundcovers such as dogwood, honeysuckle, virginia creeper, daylily and seeded with native or turf grasses such as rye, bluegrass, fescue, little bluestem. POST-DEVELOPMENT TREE MANAGEMENT Trees affected by construction should receive occasional long, deep waterings. Hom"eowners should give particular attention to the side of the tree which has not been disturbed. Also, it is recommended that trees not be pruned in an attempt to reduce branching structure in proportion to root loss. Rather, corrective pruning should be performed on an annual basis or as required to remove deadwood and maintain a strong branching structure. This allows the individual tree to selectively reduce leaf surface area naturally in response to stress. All branches and wood from tree removal and pruning should be immediately removed from the site so as not to attract pathogen carrying insects. No pruning of oak trees should be done between April 1 and September 1 in order to minimize the risk of oak wilt infection. . Fertilizing of mature trees is generally not required unless a/specific nutrient deficiency has been identified, such as iron chlorosis in oaks. In the event that fertilizing is desired, a slow release low nitrogen or balanced composition fertilizer, such as 7-21-12 or 10-10-10, is preferred. This will help encourage a strong root system and minimize additional foliar growth w~ich may further stress a weakened tree. LANDSCAPING Whenever possible homebuilders and homeowners should strive to maintain and enhance the natural character of the site where homes abut areas of native vegetation. The planting of additional trees, shrubs and groundcovers is encouraged however, impJ;ovements should be designed and installed in a manner which will minimize the need for fertilizing and remcfval of existing vegetation. In heavily shaded areas, it is recommended that plantings of species such a~ maple, dogwood and serviceberry as well as native herbaceous groundcovers such as virginia creeper, bloodroot, hepatica and solomon's seal be utilized to revegetate contruction areas and erosion areas. Shredded hardwood mulch or wood fiber erosion blanket may be used in conjunction with the plantings for additional erosion control on steep slopes. In low lying areas plantings which tolerate wet soils such as red maple, birch, and dogwood should be considered. . Shaded areas should not be sodded since turf type grasses commonly found in sod generally have relatively high light requirements and will not survive in low light applications. Sodded or seeded lawn areas should be installed primarily between the proposed residence and the street. Retaining walls should be constructed of indigenous stone when possible so as to maintain the natural character of the site. Plantings around individual residences may include both native and non-native perennial shrubs and groundcovers such as viburnum, spirea, yew, juniper, daylily and hosta. Building perimeters shall be edged and mulched to prevent erosion, soil staining and to minimize maintenace. Mulch materials shall be a combination of rock and natural bark mulches depending on drainage and plant species as determined by the homeowner's landscape architect. 2 . . PlANT lEGEND: kEY COMMON flAME '?M .,.~ lllZ- 1#1 14K I~- I~r - ,-~ ,\~ &......- ''if' "''lI S ~ 1'1 _ d 220.2.. 220 mTANJCAL NAME ...... . 109 .. 30 SIZE QTY. Nons lIS WI' .... SA SAT AI. lit OM ....... Itila" s,.- __......-.ia -- .-- ___ PIoe .-.- 0.-_ _.....- o.-,..,.~_....- ~....... 11Iia-xu. C--~ Colbo__ '- MapIo -.- FulIy-... ."..,...-.. ... .....-... ....... ....... .............. . ....... ..... SIniPI- ....... ....... 6'88 51 ~BB 13 (fBB 11 211Z'88 34 2 vr.r B8J1'J 211Z' 88 211 2112"88 11 2vrBB J1 o~ 1~ . .... die Tne "'--'- ~ . ........ of (8) tna pet Kft ... be ....... :. c T--.w. ....T_ s...r-.......... "'_. W...... pIoo......_ -.-........... . ( ,.', . I \ \ \ " Note: .h." L Il_ .., , ~ , '\ i \ ./ ". -:- . ::- : -::-.,........ ) / / \ , '/ / / ;' -- ."le ...4 I lit _i.a.'_ .......or " tr....". ~ TREE PRESERVATION Lm:Ili!lll JIBL1 ..... 1.13 .....1. ....." .....16 .....17 tat II .....19 tat 20 .....ZI tatu !'" ..... Z3-2S !l!d!ItA IIIsU tat I tat 2-3 tat 4 tat , tat 6 DIIhU LO~ ll!!Imilr. None 3 2 I 2 , . 1 1 I I I 3 2 3 I I 2 I I 1 . I I I 9 I I I I I I I Z I I I None None i ~ /' r~ /0#--~)rvation Plan ~.. . " Kevin G. ~~r~ ~Sociates'I~~-i' T....T__ "1 / LlIlhape Arc'!i'~ i / Site Plllllilui _ \ ~onstnJdion ManagtmeDl _ 10'>01 Rod Ci",.. O"/ve'"S,:"I' 125, I Minn....nb, Minnesota '5343' (61Z) "I"~ Ii Tree JlemoY<<l None 10" Ash IT Ash I" Elm 10" Elm r Ash 10" Ash IT Ash " IrOok (~. 30" N.p. 30" N.p. (_) rAsh 10" Ash I." Ash r HocI:berry 11C-_ IO"~ Ir Ash IT BoxoIder rAsh rAsh rAsh 16" Ash II" Ash rAsh 10" Ash IT Ash . IT Ash (d_) II" Ash (cIeod) ~" Ash (~ 10" Elm r Fnit Tree rAsh 10" Ash IT Ash W Ash r Elm None None I I I . Z Z I I I I None I I I I I Nane I I rAsh 10" Ash (d.....) ..- Ash l"RocItbony 10"HI0ckbeny IZ"RocItbeny II"Ha:tbeny 12" Hockbony (dlllllp) IT Elm 10" Mopie - rAsh I" Ash (damp) 10" Ash ' r Boulder 10" _elder (d.....) None 10" JlouIder r IIocI:bony rAsh 1"Hoo:kl>eny 3" Ash 10" Ash IT Ash I." Ash W Ash (d.....) 16" Ash 2." Ash zr Ash 30" Ash I" HocI:berry, I Z" IIocI:bony 6" _elder (dlllllp) r Be.elder 10"_ 10" _older (d...p) IT_ 10" Fruit T... IT F.... T... r CroboppJ. T B;rdI (dump) I." Bird! (d....p) 10" c-_ IZ"~ 6" Elm (d....,) rElm 10" Elm IZ" Elm (cIeod) T PiJNo I" 5Irr- (cIeod) 10" St>r- W St>r- Jlecmi.red RsM..,._t - (6) 2 I/Z"DBH __ (6) Z IIZ"DBH __ (Z) Z IIZ"DBH __ (4) Z I/Z"DBH _ (10) 2 IIZ"DIiR_ (I) 2 I/2"DBH_ (3) Z IIZ"DBH_ - (3) Z IIZ"DBR__ . - (16) 2 I/Z"DBR Decidoriooo (6) Z I/Z"DBR_ (4)Z IIZ"DBR_ (6) Z IIZ"DBR__ None -- (6)2 IIZ"DBR_ None (2) Z 1/2" DBR_ (2) Z 1/2" DBR_ (I) Z 1/2" DBR_ (3) Z 1/2" OBR_ (3) Z 1/2" DBR_ (16) Z 1/2" DBR_ (II) Z 1/2" DBR_ (3) Z 1/2" DBR_ (3) Z 1/2" DBR _ I None -- (2) Z 1/Z"D8H_ (Z) Z 1/2" DBH_ (2) Z 1/2" DBR_ (4) Z IIZ" DBR_ (3) Z 1/2" DBR_ (3) Z 1/2" .DBR _ (Z) Z 1/2" DBR Deci..... None None (Z) Z 1/2" DBH_ (Z) Z IIZ" DBR Deci..... (3) 2 1/2" DBR_ (I) Z IIZ" DBR Doci_ (.) Z 1/2" DBR_ (6) Z IIZ" DBR Doci_ (3) Z IIZ" DBR Doci_ (3) 2 1/2" DBH_ (3) Z IIZ" DBR Deci..... (2) 2 IIZ" DBR Deci_ None (Z) Z IIZ" DBR Deci_ (Z) Z 1/2" DBR Decid_ (2) 2 1/2" DBR_ NoM - None _. (~).2 IIZ"DBR_ (Z) Z ilZ" OBR Doci..... (2) 2 IJT:lBR_ NoM (6) Z 1f.!"DBR_ (9) 2 IIZ"DBR_ (3) Z l/Z"DBR_ (3) Z I/2"DBR _ " . (3) Z I/Z"DBR_ (3) 2 IIZ"DBH_ (3) 2 I/Z"DBH_ (3) 2 IIZ"DBH_ (Z) Z I/Z"DBR_ (9) Z I/Z"DBR_ None None None None -- (Z) Z IIZ" DBR_ (3) Z IIZ" DBR_ (2) Z IJT DBR_ None (3) 2 I/Z"DBR Deo:idooo. NoM -- (2) Z I/Z"DBR_ (2) Z I/Z"DBR_ (2) Z ::;:BR 0;:-- - None (2) 6'8B ~ (2) 61IB Cea_. SchoeU & MadsonJnc. 10580 Wayzata Boulevard Suite 1 Minnetonka, Minnesota 55305 8!'fEEt~ @] I 3 3 I I I I I I I 3 I II I I I I I I I I I I I I I I I I I 1 T.... Roqaroclllepl_' 261 . . DECLARATION OF COVENANTS FOR MARSH POINTE A project of Detached Style Family Homes in the City of Shorewood County of Hennepin state of Minnesota THIS INSTRUMENT WAS PREPARED BY: JOHN C. KUEHN, ESQ. LEONARD, STREET AND DEINARD 150 SOUTH FIFTH STREET SUITE 2300 MINNEAPOLIS, MN 55402 (612) 335-1717 1434296 1 DECLARATION OF COVENANTS FOR MARSH POINTE THIS DECLARATION is made this day of , 19 by LUNDGREN BROS. CONSTRUCTION, INC., a Minnesota corporation ("Developer") and consented and agreed to by Roman A. Wartman and Adeline~ M. Wartman, husband and wife ("Wartmans"). RECITALS A. Developer is the fee owner of all of the real property legally described in Article I, section 1, except Lot 7, Block 2, Marsh pointe which is owned in fee by the Wartmans. The real property legally described in Article 1, section 1 is referred to herein as the "Subdivision". . B. Developer and the Wartmans desire to impose upon and subject the Subdivision to certain covenants, conditions, easements, restrictions and reservations for the benefit of the Subdivision. NOW, THEREFORE, Developer and the Wartmans hereby declare, impose upon, and make all of the Subdivision sUbject to the fol- lowing covenants, conditions, restrictions, reservations, positive easements, and negative easements, the burden of which shall run with the Subdivision and bind all persons who now or hereafter have any right, title or interest in the Subdivision, and the benefit of which shall run with the Subdivision and inure to the benefit of all persons who now or hereafter have any right, title or interest in the Subdivision: . ARTICLE I GENERAL DEFINITIONS Section 1. Definitions of Land. "Lot" means each of the following platted lots: Lots 1 through 25, inclusive, Block 1; and Lots 1 through 7, inclusive, Block 2; all in Marsh pointe, according to the plat thereof on file or of record in the office of the Registrar of Titles and County Recorder for Hennepin County, Minnesota; 1434296 "Subdivision" means all of the Lots and Outlot A. 2 section 2. Definitions of Persons. "Association" means Marsh pointe Homeowners Association, Inc., a Minnesota nonprofit corporation, its successors and assigns. "Board" means the Board of Directors of the Association. "City" means the City of Shorewood, a Minnesota municipal corporation. . "Developer" means Lundgren Bros. Construction, Inc., a Minnesota corporation, or its successors and assigns, if such successors or assigns should acquire a majority of-the Lots owned by the Developer at the time of the acquisition, whether the acquisition is by sale, foreclosure of a mortgage, deed in lieu of foreclosure or otherwise. "Member" means an Owner in his capacity as a member of the Association as provided in Article VI. "Owner" means the record owner, whether one or more persons or entities, of the fee simple title to any Lot except that, where a Lot is being sold on a contract for deed and the contract vendee is in possession of the Lot, then the vendee and not the vendor shall be deemed to be the "Owner." "Wartmans" means Roman A. Wartman and Adeline M. Wartman, their heirs, successors and assigns. . ARTICLE II GENERAL COVENANTS AFFECTING ALL LOTS Section 1. Residential Purposes. Each Lot shall be used only for one single family detached house and other "Residential Improvements" (as defined in Article IV, Section 1 of this Declaration). No Lot may be used for any commercial purpose, except that Lots or portions of Lots may be used by Developer and other professional home builders pursuant to Article II, section 15 of this Declaration and by Lot owners for home occupations that are permitted by the applicable zoning ordinances. However, no Lot may be used for licensed or unlicensed residential care facilities, licensed or unlicensed day care facilities, public or private schools, or commercial agriculture; even if such uses may be permitted by applicable zoning ordinances. 1434296 3 . . 1434296 section 2. Building Specifications. a. Height. No dwelling shall be erected, altered or placed on a Lot or permitted to remain there other than one detached single-family house not to exceed two stories in height, as measured from grade. If the house includes a walk-out or look-out basement, the basement shall not be counted as a story. b. Garages. Each house shall have one or more attached fully-enclosed garages, but no carports or detached garages. There may be garage space for any number of cars, but from the street in front of the house it must appear that there is garage space for no more than three cars. Example #1: One double garage door facing the street and one single garage door on the side of the house but visible from the street. Example #2: Three single garage doors facing the street and one single garage door facing the rear of the house but not visible from the street. c. Storage Structures. Attached or detached struc- tures for storage purposes are permitted, but any storage structure large enough to hold an automobile shall be con- sidered a garage, whether or not it is used as a garage. Each storage structure on a Lot shall be of the same color, design and quality of construction as the house on the Lot and shall be subject to Architectural Control Committee approval. d. Completion. Each house or other structure con- structed or placed on a Lot shall be completely finished on the exterior thereof within nine months after commencement of construction. e. Floor Areas. If the house has one story, excluding any basement, the first floor area shall be at least 1,400 square feet. If the house has two stories, excluding any basement, the first floor area shall be at least 1,000 square feet and the total area of the first and second floor shall be at least 1,800 square feet. The first floor area described in the preceding two sentences shall be exclusive of breezeways, open porches and garages. If a house is a split-level house, then the first two levels higher than the basement shall be considered to be the first story and the next two higher levels shall be considered the second story. 4 . . section 3. Setbacks. Building setbacks from all Lot lines shall comply with city ordinances, as modified by any applicable planned unit development special use permit or by Article III of this Declaration. Section 4. Nuisance. No noxious or offensive trade or activity shall be conducted upon any Lot, nor shall anything be done thereon which may be or become an annoyance or nuisance to any property within the Subdivision. Section 5. Prohibited Dwellings. No structure of a tempor- ary character, trailer, basement, tent, shack, garage, barn, or other outbuilding shall be used on any Lot at any time (either temporarily or permanently) as a dwelling. Section 6. Windmills. No windmills shall be on any Lot at any time. section 7. Antennas. No exterior antenna, aerial, tower, wire, line, cable, dish or other device for transmitting or receiving radio, television, microwave, laser or other electro- magnetic signals ("antenna") shall be on any lot without the written permission of the Architectural Control Committee. The Architectural Control Committee shall deny permission if it determines, in its sole discretion, that the antenna would be offensive to the sight (taking into account the visibility of the antenna during all seasons of the year) from present and future Lots nearby. Any structure intended to shield an exterior antenna from sight shall be subject to review by the Architectural Control Committee. Section 8. Animals. No animals of any kind shall be raised, bred or kept on any Lot, except that dogs, cats and other household pets may be kept, provided that they are not kept, bred, or maintained for any commercial purpose. The total number of dogs and cats kept on a Lot at anyone time shall not exceed three (3). Section 9. Driveways; Parking; Vehicles. All driveways and parking areas constructed on any Lot shall be paved with an asphalt, brick, concrete or bituminous surface. Operable automo- biles may be kept, stored or parked only on paved driveways, on paved parking areas, or in enclosed garages. Other vehicles shall be kept, stored or parked only in enclosed garages. "Other vehicles" means all motorized and all non-motorized vehicles except operable automobiles, including (without limitation) the following: automobiles that are inoperable, trucks, buses, vans, recreational vehicles, all-terrain vehicles, ambulances, hearses, motorcycles, motorbikes, bicycles, snowmobiles, jet skis, canoes, 1434296 5 boats, and other watercraft, aircraft, house trailers, camping trailers, other trailers, lawn mowers, lawn tractors, over-the- road tractors, and other tractors. Notwithstanding the foregoing prohibition, guests of the owner of a Lot visiting for less than 15 days in any 30 day period may park their vehicles on unenclosed paved areas of the Lot. Section 10. Rubbish. No Lot shall be used or maintained as a dumping ground for rubbish, except during construction of sub- division improvements and houses. Trash, garbage and other waste shall be kept in sanitary containers. . Section 11. Signs. No sign of any kind shall be displayed to the public view on any Lot, except one sign no larger than 6 square feet in area may be placed on each Lot advertising the Lot for sale, unless the Lot is a corner -Lot, in which case one such sign along each street is permitted. Also, during the initial construction and sales period of the Subdivision one additional sign no larger than 6 square feet in area may be placed on any Lot containing a model home. Section 12. utility and Drainage Easements. Easements for installation and maintenance of utilities and drainage are reserved as shown on the recorded plat of the Subdivision. Section 13. Soil Removal. No sod, soil, sand or gravel shall be sold or removed from any Lot, except for the purpose of excavating for the construction or alteration of a house on the Lot or appurtenances thereto, or for the proper grading thereof, or for road improvements. . Section 14. Clothes Lines. No exterior clothes line, clothes rack, or other device for drying or hanging laundry shall be on any Lot at any time. Section 15. Rights of Developer and Home Builders. until the last Lot is sold and conveyed to an owner .other than Developer or another professional home builder, the following actions by Developer and other professional home builders will not be deemed violations of the foregoing restrictions: a. The use of a house as a model home or sales office; b. The storage of equipment, materials and earth during the construction of new houses; and c. The display of signs of any legal size advertising Lots or houses for sale. 1434296 6 . . Section 16. Leases. Any lease between an Owner and a tenant: (i) shall be in writing; (ii) shall provide that the terms of the lease are subject in all respects to the provisions of this Declaration and to the provisions of the Articles of Incorporation, By-Laws and Rules and Regulations of the Association; and (iii) shall provide that failure by the tenant to comply with the terms of such documents shall be a default under the lease. Section 17. Restoration of Lots. Every area on each Lot where natural vegetation has been removed but not replaced with improvements or landscaping must be completely restored with sod or erosion-preventing vegetation approved by the Architectural Control Committee. If a certificate of occupancy for a house is issued in January through August of a given year, the sod or approved erosion-preventing vegetation on the Lot must be installed by November 1 of that year. If a certificate of occupancy for a house is issued in September through December of a given year, the sod or approved erosion-preventing vegetation on the Lot must be installed by August 1 of the following year. Sod shall be used for the restoration of all yards adjoining public streets. Said sod shall begin at the curb of the public street and extend at least as deeply into the Lot as the distance from the curb to the back of the house on the Lot. In the case of a Lot at the intersection of two streets, the sod shall surround the house. Section 18. Boulevard Trees. a. Definitions. The "Boulevard" of each Lot means that portion of the adjoining platted street right-of-way which has not been paved, i.e., the area between .the curb and the boundary of the Lot. The "Tree Easement Areas" means all of the Boulevards of all of the Lots together with those portions of the Lots lying within 15 feet of the Boulevards. b. Easement Grant. The Developer and the Wartmans hereby reserve unto the Developer and grant unto the Association easements allowing the Developer or the Association to plant, maintain, and replace trees within the Tree Easement Areas. Neither the Developer nor the Association shall be obligated to plant any particular trees in the first instance, but if the Developer or the Association should plant. any tree within any Tree Easement Area, then: (i) The Owner of the Lot upon which the tree was planted (or the Owner of the Lot closest to the tree if it was planted in a Boulevard) shall maintain the tree for so 1434296 7 long as it lives and shall replace the tree (with another tree of the same species and size) if it dies or becomes diseased; (ii) If the Owner fails to maintain or replace the tree, then the Association shall have the right and the obligation to do so, shall charge the cost thereof against the Owner and shall have the right to file and enforce a lien against the Lot for the cost thereof; and (iii) The Developer shall have the right (but not the obligation) to maintain the tree and to replace it if it dies or becomes diseased. Maintenance shall include watering, fertilizing, trimming and any other work required to keep the tree attractive and sound. . c. Duration. The easements reserved in this Section 18 shall be nonexclusive, irrevocable, assignable commercial easements in gross for the benefit of the Developer, the Association and their respective successors and assigns. The easement in favor of the Association shall be perpetual, but the easement in favor of the Developer shall expire automatically when the Developer no longer owns any lot. ARTICLE III SPECIAL COVENANTS AFFECTING CERTAIN LOTS Section 1. Entrance Improvements. . a. Special Definitions. The following special definitions shall apply to this Article III, Section 1: "Entrance Improvements" means monuments, signs, walls, fences, vegetation, landscaping structures, lighting, sprinkler systems, utility lines and related improvements at the major entrances to the Subdivision. "Entrance Easement Areas" means the following areas: (1) All medians in the right-of-way of streets entering the SUbdivision; and ( 2 ) The Marsh pointe, the deed from Lot. easterly corner of Lot 1, Block 1, in an area to be legally described in Developer to the next Owner of the 1434296 8 b. Rights and Obligations of the Developer. The Developer hereby reserves easements in favor of itself, giving the Developer the right, but not the obligation, to install, operate, maintain, repair and replace Entrance Improvements in the Entrance Easement Areas. The Developer shall not have the right to remove Entrance Improvements without replacing them. . c. Rights and Obligations of the Association. The Developer hereby grants to the Association easements to install, operate, maintain, repair and replace Entrance Improvements in the Entrance Easement Areas. The Association shall have the right, but not the obliqation, to install Entrance Improvements within each Entrance Easement Area. If the Developer or the Association installs any Entrance Improvements, the Association shall have the right and the obligation to operate, maintain, repair and replace them. The Association shall have the right to remove any Entrance Improvements without replacing them, but only when the Developer no longer owns any Lot. d. Maintenance Requirements. Maintenance of vegetation shall include (without limitation) watering, fertilizing, weeding, cutting, trimming and raking the. lawn, trimming and pruning trees and shrubs, removing all debris, including dead wood, leaves, grass and litter, and replacement of diseased or dead trees and shrubs. Maintenance of a sprinkler system shall include, without limitation, preventing the freezing of any pipes in the system by draining the pipes each autumn. Maintenance of every other Entrance Improvement shall include whatever is necessary to keep it in good operating order and good appearance. . e. Nature of Easements. The easements described in this Article III, Section 1 shall be nonexclusive, perpetual, irrevocable, assignable, commercial easements in gross for the benefit of the Developer, the Association and their respective successors and assigns. Section 2. Pond sites. a. Special Definitions. The following special definitions shall apply to this Article III, Section 2: "Pond site No.1" means the Drainage Easement for Ponding shown on the plat of Marsh Pointe in portions of Lots 4 and 5, Block 1, Marsh Pointe. 1434296 9 "Access Lane to Pond site No.1" means the drainage and utility easements along the boundary line of Lots 3 and 4, Block 1, Marsh Pointe. "Pond site No.2" means the Drainage Easement for ponding shown on the plat of Marsh pointe in Lot 9, Block 1, Marsh Pointe. UAccess Lane to Pond site No.2" means the utility Easement which crosses the northerly portion of Lot 9, Block 1, Marsh pointe uPond site No.3" means the Drainage Easement for Ponding shown on the plat of Marsh Pointe in Lot 6, Block 2, Marsh Pointe. . "Pond Equipment" means aeration and fountain equipment, including (without limitation) air pumps, water pumps, air hoses, water hoses, air diffusers and water jets. b. Rights and Obligations of the city. The Developer hereby grants to the City easements as follows: (i) over the Pond Site(s) to install, remove, replace, maintain, repair and operate Pond Equipment in and around the pond(s); and (ii) over the Pond Access Lane(s) for access to the Pond Site(s) for maintenance of Pond Equipment and for underground utility lines serving Pond Equipment; subject to the following provisions: . (1) The city shall have the right and the obligation to operate, maintain, and repair any Pond Equipment installed by the City regardless of its location; c ;~,# ~D~ i) (vfr ; '1- .t:~'-. \ Dr N'\o..~ntct.', t\ ,\... ..' 4" ..,_t"'et.":~',,, r.o <f! 1. '-' 'r-- . (2) All Pond Equipment installed by the City shall be the property of the City; (3) The City shall have the right to remove any Pond Equipment installed by the City without replacing it; (4) The City shall have the right, to take such measures as are permitted by law to remove stormwater sediment, maintain and control aquatic vegetation and maintain or improve water quality; and (5) The City's rights and obligations in the Pond Site(s) and Pond Access Lane(s) shall be perpetual. 1434296 10 c. Rights of Other Persons. Neither the public nor the Owners of Lots shall have any rights in the Pond Site(s) or the Pond Access Lane(s) by virtue of the easements granted to the City in this Article III, section 2. " d. Nature of Easements. The easements described in this Article III, section 2 shall be nonexclusive, perpetual, irrevocable, assignable, commercial easements in gross for the benefit of the City, its successors and assigns. section 3. Private Trailway. a. Special Definitions. The following special definitions shall apply to this Article III, section 3: . "Trail site" means: The southerly 5 feet of Lot 24, and the northerly 5 feet of Lot 25, all in Block 1, Marsh Pointe. b. Rights of the Developer. Developer hereby covenants to install a trail within the Trail site. Developer hereby reserves easements as follows: (i) until December 31 of the second year after this Declaration is recorded to install the trail within the Trail Site; and (ii) in perpetuity, to maintain the trail within the Trail site." . c. Rights and Obligations of the Association. The Developer hereby grants to the Association, its Members, guests and invitees, a perpetual easement to use the trail in the Trail site. The Developer hereby grants to the Association a perpetual easement to maintain the trail in the Trial site. The Association shall have the right and the obliqation to maintain the trail in the Trail Site, including the right to replace, maintain and repair any improvements installed with the Trail Site, provided it shall not have the right to remove improvements without replacing them. No motorized vehicles will be permitted on the trail, except vehicles used for maintenance or public safety. d. Nature of Easements. The easements described in this Article III, section 3 shall be nonexclusive, perpetual, irrevocable, assignable, commercial easements in gross for the benefit of the Developer, the Association and their respective successors and assigns. Section 4. Common Driveway Easements. a. Grant of Easements. 1434296 11 (1) Driveway Easement across Lot 9. Block 1. Developer hereby creates a permanent easement for common driveway and utility purposes in favor of Lots 10 and 11, Block 1, over the utility Easement which crosses the northerly portion of Lot 9, Block 1, all in Marsh Pointe. (2) Driveway Easement across Lot 10, Block 1. Developer hereby creates a permanent easement for common driveway and utility purposes in favor of Lot 11, Block 1, over the utility Easement which crosses the northerly portion of Lot 10, Block 1, all in Marsh Pointe. . b. Rights and Obligations of Developer and the Association. Developer shall have the right and the obligation to install utilities and construct a driveway in the above-described driveway easement areas. If the Owners of Lots 9, 10 and 11 fail to maintain the driveway, the Association shall have the right, but not the obligation, to maintain the driveway and assess the Owners of Lots 9, 10 and 11 for the cost of the work. li. c. Rights and Obligations of Owners of Lots 9. 10 and . (1) The Owner of Lot 11 shall arrange for and pay for the maintenance of the driveway in the first instance. The Owner of Lot 9 shall have the obligation to reimburse the Owner of Lot 11 for 20% of the maintenance costs. The Owner of Lot 10 shall have the obligation to reimburse the Owner of Lot 11 for 40% of the maintenance costs. As security for reimbursement, the Owner of Lot 11 shall have a lien against Lots 9 and 10, which lien may be foreclosed by action or by advertisement as if it were a mortgage with a power of sale. I -^ j ,r /C~/,, ~,_! ~:' /" -(.1 :;, ~: '- LC-....~_.!_.-: i : '.,'<;", (2) The Owners of Lots 9, 10 and 11 may agree in writing to other means of maintaining the Driveway Easements, provided the Owners shall not be relieved of their joint responsibility for maintenance. (3) Any Owner of such Lots 9, 10 or 11 who is not responsible for arranging and paying for maintenance of the Driveway Easement in the first instance shall have the right and the obligation to maintain the Driveway Easements if the Owner who is responsible fails to maintain the Driveway Easement. 1434296 12 d. Maintenance. Maintenance of the common driveway shall include, without limitation, the following: removal of snow, leaves and debris from the pavement; patching, sealing and repaving the pavement; repairing any landscaping or Entrance Improvements damaged during plowing or maintenance of the pavement; and maintaining, repairing ~nd replacing any common utilities within the Driveway Easements. section 5. Protection of Wetlands. a. Special Definitions. The following special definitions shall apply to this Article III, section 5: "Wetland Conservation Area" means Outlot A, Marsh Pointe. . "Wetland Buffer Area" means all of the areas of Lots 1 through 17, 19 through 21 and 25, Block 1, and Lot 6, Block 2 designated as Drainage Easement areas and/or Drainage Easement for ponding areas on the plat of Marsh Pointe. b. Wetland Conservation Area Restrictions and Obligations of the City. In addition to the Wetland Conservation Area restrictions imposed by Chapter 1102 of the Shorewood city Ordinances, the following are prohibited in perpetuity within the Wetland Conservation Area: (1) Constructing, installing, or maintaining anything made by man, including but not limited to buildings, structures, walkways, pathways, clothesline poles, and playground equipment; . (2) Cutting, removing, or altering trees or other vegetation, except for noxious weed control by or as directed by a governmental agency; (3) Excavating or filling; (4) Application of fertilizers, whether natural or chemical; (5) Application of chemicals for the destruction or retardation of vegetation; (6) The deposit of waste, yard waste, or debris; 1434296 13 (7) The application of herbicides, pesticides and insecticides, except for noxious weed control by or as directed by a governmental agency; (8) Outside storage of any kind; (9) Activity detrimental to the preservation of the scenic beauty, vegetation and wildlife; and (10) Entry by motorized or non-motorized vehicles or pedestrians. . The City shall have the obligation to enforce the foregoing restrictions in the Wetland Conservation Area, and to remove any waste, yard waste, or debris which may be deposited in the Wetland Conservation Area. The City shall not be deemed to be in violation of the foregoing restrictions while it engages in any such enforcement and removal activities. c. Wetland Buffer Area. The following are prohibited in perpetuity in the Wetland Buffer Area: (1) Constructing, installing, or maintaining anything made by man, including but not limited to buildings, structures, walkways, pathways, clothesline poles, and playground equipment; (2) Cutting, removing, or altering trees or other vegetation, except for noxious weed control by or as directed by a governmental agency; (3) Excavating or filling; . (4) Application of fertilizers, whether natural or chemical; (5) Application of chemicals for the destruction or retardation of vegetation; (6) The deposit of waste, yard waste, or debris; (7) The application of herbicides, pesticides and insecticides, except for noxious weed control by or as directed by a governmental agency; (8) Outside storage of any kind; (9) Activity detrimental to the preservation of the scenic beauty, vegetation and wildlife; and 14 1434296 . . (10) Entry by motorized or non-motorized vehicles or pedestrians; except that: (i) The Developer and Owners of Lots 9, 10, and 11, Block 1 may develop and maintain a private common driveway within the utility Easement which crosses the northerly portion of Lots 9 and 10, Block 1, Marsh Pointe, as described in Article III, section 4 of this Declaration of Covenants; (ii) The Developer and the Association may develop and maintain a private trailway within the Trailway Site, as described in Article III, Section 3 of this Declaration of Covenants; and (iii) The Developer or the City may engage in the prohibited activities in order to complete site grading and construction of sanitary sewer, watermain, storm sewer and drainage improvements, streets and residential improvements, in conformance with plans approved by the City, pursuant to that certain Development Contract by and between the City and Developer dated , 19 Section 6. Existing Wartman Homestead. Lot 7, Block 2, Marsh pointe contains an existing house, a detached garage, a gravel driveway, two sheds. In addition, the Wartmans do sometimes store personal property outside of the existing structures. The foregoing existing improvements on Lot 7, Block 2 shall be permitted for so long as they remain in place, despite any provisions to the contrary in this Declaration. However, if said improvements shall be replaced or expanded, the replacement or the expansion (as the case may be) shall comply with all of the provisions of this Declaration. The outside storage of personal property, despite any violation of the provisions of this Declaration, may continue until such time as the existing house is replaced or expanded. This Declaration does not prohibit the subdivision of Lot 7, Block 2 into two single-family house lots, but such a subdivision must comply with all applicable municipal ordinances. Upon such a subdivision of Lot 7, Block 2, both resulting Lots shall be subject to all the terms and provisions of this Declaration and only the Lot containing the existing house shall be entitled to the benefits of this Article III, Section 6. 1434296 15 . . Section 7. Disposition of Outlot A. Outlot A, Marsh pointe, will be owned by the City of Shorewood. It consists almost entirely of wetlands, as shown on the plat. Section 8 Landscaping Islands. The Developer intends to construct a circular island in the center of each cul-de-sac in the Subdivision. The Developer shall have the right, but not the obligation, to install, repair, maintain and replace concrete curbs, plants, landscaping structures and utilities in the islands. If the Developer constructs any island, the Association shall have the right and the obligation to repair, maintain and replace all concrete curbs, plants, landscaping structures and utilities that the Developer has installed in the island. ARTICLE IV ARCHITECTURAL CONTROL COMMITTEE section 1. New Improvements. No Residential Improvement shall be commenced upon any Lot by anyone except the Developer without the prior written approval by the Architectural Control Committee ("Committee") of the person who will actually perform the proposed work and of the plans and spe- cifications for the work. without any approvals from the Committee, the Developer may perform work upon any Lot owned by the Developer or owned by a person who has hired the Developer to perform the work. "Residential Improvement" shall mean the clearing of some or all of the trees from the Lot, the grading of the Lot, or the construction, erection or installation any structure, including (without limitation) the following structures: any house, garage, shed or other building; any porch, deck or balcony; any fence, wall or gate; any mailbox, newspaper box, or light post; any exterior antenna (as defined in Article II, Section 7); any retaining wall, terrace or other landscaping structure; any patio, driveway or parking area; any tennis court; and any swimming pool (whether above ground or below ground). The planting of trees, shrubs and other plants shall not be deemed "Residential Improvements." section 2. Changed Improvements. The exterior color, style, and materials of any structure on a Lot shall not be changed by anyone except the Developer without the prior 1434296 16 written approval by the Committee of the person who will actually perform the proposed work and of the plans and specifications for the work. Section 3. Committee Members. The Committee shall consist of three individuals appointed by Developer until the date the Developer no longer owns any Lot. Thereafter the Committee shall consist of three individuals appointed by the Board of Directors of the Association. section 4. Committee Chairman. The Committee shall appoint one of its members to be its chairman. The chairman shall call meetings of the Committee. A quorum of the Committee shall consist of two of its members. The Committee may act upon the vote or written consent of any two of its members. The chairman of the Committee is authorized to execute certificates of approval, notices of disapproval and 4It. similar instruments effectuating decisions of the Committee. Section 5. Submission of Plans and Specifications. At least fourteen (14) days before work on a Lot is commenced, the Owner of the Lot shall submit to the Committee one complete set of plans and specifications (including, without limitation, full site plans, grading and drainage plans, building elevations, roof pitches, exterior colors and materials), along with the name of the builder who will actually perform the proposed work. 4It section 6. Review of Plans and Specifications. within fourteen (14) days after receipt of plans and specifications and the name of the builder, the Committee shall approve or disapprove them in writing. The Committee's approval of plans and specifications shall not constitute any representation, warranty or assurance that they comply with applicable municipal codes and ordinances. The Committee may disapprove a home builder if the Committee determines, in its sole discretion, that the home builder does not meet the Committee's standards of credit worthiness and/or does not usually build homes of the same quality and in the same price range as the Developer. The Committee may disapprove a builder of any other Residential Improvements if the Committee determines, in its sole discretion, that the builder is not a highly qualified builder of the proposed Residential Improvement. The Committee may disapprove plans and specifications only for one or more of the following reasons: a. Non-Compliance. Non-compliance with this Declaration, municipal ordinances or other governmental regulations. 1434296 17 b. Incompatibility with the Lot. Failure of the proposed Residential Improvement to be compatible with the Lot upon which it is to be built, in terms of topography, soils and existing vegetation. c. Incompatibility with the Subdivision. Failure of the proposed Residential Improvement to be compatible with the houses and other structures in the Subdivision built or to be built by the Developer or already built by anyone, in terms of style, general size, height, and width, quality of construction, price range and obstruction of views. . d. Incompatibility with other Subdivisions. Failure of the proposed Residential Improvement to be compatible with the houses and other structures built or to be built by Developer in the following subdivisions in Hennepin County, Minnesota: The Meadows at Longacres The Woods at Longacres in terms of style, general size, height and width, quality of construction, price range and obstruction of views. e. Inadeqpate Information. Failure of the plans and specifications to show all information necessary to evaluate the foregoing characteristics. . The Committee's determinations concerning the builder and plans and specifications shall be conclusive. If the Committee disapproves the builder or the plans and specifications, it shall state in writing the reason for such disapproval and, in the case of the plans and specifications, the deficiencies which must be cured to obtain approval. Section 7. Remedies Against Owners. If any work is commenced without the Committee's approval of the builder and/or approval of the plans and specifications, or if any work is completed not in accordance with approved plans and specifications, the Association or any Owner of a Lot may bring an action to enjoin further work and to compel the owner to conform the work with plans and specifications approved by the Committee. Any such action must be commenced and a notice of lis pendens must be filed within ninety (90) days after the date on which the certificate of occupancy is issued by the appropriate municipal authority, in the case of the initial 1434296 18 . . construction of a house, or within ninety (90) days after the date of completion, in the case of any other work. Section 8. Remedies Against Committee. In the event that the Committee and/or the members of the Committee shall fail to discharge their respective obligations under this Article IV, then any Owner of a Lot may bring an action to compel the discharge of said obligations. Any such action must be commenced within ninety (90) days after the date on which the certificate of occupancy is issued by the appropriate municipal authority, in the case of a house, or within ninety (90) days after the date of completion, in the case of any other work. Such an action shall be the exclusive remedy of any Owner of a Lot for failure of the Committee and/or its members to discharge such obligations. Under no circumstances shall Developer, the Committee or members of the Committee be liable to any person for damages (direct, consequential or otherwise). Section 9. Retention of Records. The Committee shall retain, for a period of three (3) years, all plans and specifications submitted to it and a record of all actions taken with regard to them. ARTICLE V ASSOCIATION INSURANCE section 1. Liability Insurance. The Association shall keep in force at all times a comprehensive policy of general liability insurance covering all real property and all personal property owned, maintained or managed by the Association as well as all public ways within the Subdivision. The policy must provide coverage of at least $1,000,000 for bodily injury and property damage for any single occurrence. The policy must contain a severability of interest clause or an endorsement which shall preclude the insurer from denying the claim of an Owner because of negligent acts of the Association or other Owners and must require the insurer to notify the Association at least ten (10) days in advance of any cancellation or substantial modification of the policy. Section 2. Hazard Insurance. The Association shall procure insurance for fire, extended coverage, vandalism and any other perils the Board 1434296 19 may deem necessary on an "all-risk" basis for all insurable real property and personal property owned by the Association. The insurance shall be in the amount of one hundred percent (100%) of the insurable value of the covered property and shall include the following endorsements: 1. Either a Guaranteed Replacement Cost Endorsement or a Replacement Cost Endorsement and, if the insurance contains a co-insurance clause, an Agreed Amount Endorsement; 2. An inflation Guard Endorsement (if available); 3. A Building Ordinance and Law Endorsement; and . 4. An endorsement providing for steam Boiler and Machinery Coverage in the amount of the lesser of Two Million and 0/100 Dollars ($2,000,000) or the full insurable value of the building containing the machinery if any building in the development contains a central heating or cooling system. '. The deductible for any insurance coverage may not exceed the lesser of Ten Thousand Dollars ($10,000) or one percent (1%) of the face amount of the insurance policy. The Association shall maintain funds for all such deductibles in its reserves and shall designate such funds for that purpose only. The proceeds of such hazard insurance shall be used solely for the repair, replacement or reconstruction of the Association's insurable common property, including insured improvements. The insurance must identify the insured as the Association for the use and the benefit of the individual Owners. Section 3. Cost of Insurance. The cost of such liability and hazard insurance shall be assessed against the Owners and their Lots as provided in Article VIII below. Section 4. First Mortgagees. First mortgagees of Lots, jointly or singly, may pay overdue premiums on insurance policies, or may secure new insurance coverage upon the lapse of a policy, for the common property. First mortgagees making such paYments shall be owed immediate reimbursement from the Association. The Association is authorized to enter into an 1434296 20 agreement in favor of all first mortgagees of Lots establishing entitlement to such reimbursement. Section 5. Additional Insurance. The Association shall at all times maintain any additional coverage commonly required by private mortgage investors for developments similar to the Subdivision in terms of construction, location and use. ARTICLE VI MARSH POINTE HOMEOWNERS ASSOCIATION section 1. Membership. Each and every Owner of a Lot shall be a Member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot. . section 2. Voting Rights. The Association shall have two classes of voting membership: . Class A. Class A Members shall be all Owners, except the Developer, and they shall be entitled to one vote for each Lot owned. When more than one person owns any Lot, all such persons shall be Members. The vote for such Lot shall be exercised as they determine, but in no event shall more than one vote be cast with respect to any Lot. Upon becoming an Owner, each Owner shall register his address with the Secretary of the Association and, if a Lot is owned by multiple Owners, they shall at that time register with the Secretary their written agreement as to how they will share their votes among themselves and how they shall resolve any voting conflicts among themselves. Such a voting agreement may be amended at any time by registering with the Secretary a written amendment thereto executed by all Owners of the Lot. Class B. The Class B Member shall be the Developer and shall be entitled to three (3) votes for each Lot it owns. The Class B membership shall cease and be converted to Class A membership on the happening of either of the following events, whichever occurs earlier: (i) when the number of votes outstanding in the Class A membership equals or exceeds the number of votes outstanding in the Class B membership; or (ii) on December 31, 2002. 1434296 21 ARTICLE VII COVENANT FOR GENERAL AND SPECIAL ASSESSMENTS . Section 1. Lign. The Wartmans, for Lot 7, Block 2, Marsh pointe, and the Developer, for each other Lot in Marsh pointe, hereby covenant, and each subsequent Owner of any Lot by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association: (a) general assessments or charges, and (b) special assessments for capital improvements or capital equipment to be owned by the Association; such assessments to be established and collected as hereinafter provided. The general and special assessments, together with interest, costs, and reasonable attorneys' fees, shall be a charge upon each Lot and shall be a continuing lien upon each Lot. General assessments shall become a lien upon each Lot on the first day of January of the year in which such assessment is due and payable. Special assessments shall become a lien on the earliest date any part of the same" is due and payable. General assessments and special assessments shall be due and payable in lump sums or in equal periodic installments as determined by the Board. . Section 2. Personal Obligation. Each installment of a general or special assessment together with interest, costs, and reasonable attorneys' fees, shall be the personal obligation of the person who was the Owner of such Lot at the time when the installment fell due. The personal obligation for delinquent installments shall not pass to the Owner's successors in title unless expressly assumed by them. Sale or transfer of any Lot shall not affect the assessment lien, except as provided in Section 10 of this Article. Section 3. Purpose of General Assessments. General assessments shall be imposed for the purpose of promoting the recreation, health, safety, and welfare of the residents of the Lots and for the improvement and maintenance of the Association's easement areas, and may include (but not be limited to) paYment by the Association for the following items: (a) utility services; (b) Taxes and special assessments against the Association's property, if any; 1434296 22 (c) Income and other taxes levied or assessed against or charged to the Association, if any; (d) Premiums for insurance carried by the Association, the deductible amount not covered by such insurance and the additional amounts deposited by the Association or its Board to repair or restore improvements on the Association's easement areas; (e) Repair, replacement, construction, reconstruction, alterations, maintenance, snow removal, and additions to personal property and improvements owned by the Association; (f) The cost of labor, equipment, and materials for all work done by or for the Association; and . (g) Reasonable fees for management and supervision of the Association's real and personal property. Adequate reserve funds funded from general assessments and not from special assessments, shall be maintained for (a) maintenance, repair and replacement of Entrance Improvements, and all other structures and equipment which must be replaced by the Association on a periodic basis; and (b) contingencies, emergencies and working capital needs. . section 4. Maximum General Assessment. Each year after the first full fiscal year of the Association, the Board of Directors may increase the annual general assessment in an amount not to exceed the greater of: (a) five percent (5%) of the previous year's general assessment; or (b) the percentage increase in the most recently published U~S. Department of Labor, Bureau of Labor Statistics Consumer Price Index, Urban Wage Earners and Clerical Workers, Minneapolis-Saint Paul Index, All Items, compared to the same index published twelve months earlier. Any increase in excess of this amount shall require the approval of a simple majority of the votes of all classes of members who are voting in person or by proxy at a meeting called for this purpose. section 5. Special Assessments for Capital Im~rovements. In addition to the general assessments authorized above, the Association may levy special assessments, payable in installments extending up to five years, for the purpose of defraying, in whole or in part, the cost (not covered by reserves) of any construction, reconstruction, repair or replacement of the Entrance Improvements or any other structures or equipment to be owned or maintained by the 1434296 23 . . Association, provided that any such assessment shall have the assent of a simple majority of the votes of all classes of members who are voting in person or by proxy at a meeting duly called for this purpose. Section 6. Notice and Ouorum for Certain Actions. written notice of any meeting called for the purpose of taking any action authorized under Section 4 or 5 of this Article shall be sent to all Members not less than 30 days nor more than 60 days in advance of the meeting. At the first such meeting called, the presence of Members or of proxies entitled to cast 60% of all the votes of all classes of Members shall constitute a quorum. If the required 60% quorum is not present at the first meeting, a second meeting may be called subject to the same notice requirement, and the required quorum at the second meeting shall be 30% of the votes of all classes of Members. If the required 30% quorum is not present at the second meeting, a third meeting may be called subject to the same notice requirement, and the required quorum at the third meeting shall be 15% of the votes of all classes of Members. No such subsequent meeting shall be held later than 60 days after the preceding meeting. Section 7. Uniform Rate of Assessment. Both general and special assessments shall be fixed at a uniform rate for all Lots; provided, however, that any Lot owned by the Developer shall be assessed at twenty-five percent (25%) of the rate assessed against Lots owned by persons other than the Developer until the City issues a certificate of occupancy for the house on the Lot. Section 8. Date of Commencement of General Assessments: Due Dates. The Board shall fix the amount of the general assessment provided for herein against each Lot at least fifteen (15) days in advance of each assessment. The initial general assessment period shall commence as to all Lots the first day of the month following the recording of this Declaration and run through and including the next succeeding December 31. Each succeeding general assessment period shall be a calendar year. Written notice of the general assessment shall be sent to every Owner subject to assessment. Section 9. Effect of Nonpayment of Assessments: Remedies of the Association. Any installment of an assessment not paid within fifteen (15) days after its due date shall bear interest from the due date at the rate of eight percent (8%) per annum. The Association may bring an action at law against the Owner personally obligated to pay the same, or foreclose by action the lien against the Lot in the same manner as a 1434296 24 real estate mortgage may be foreclosed. No Owner may waive or otherwise escape liability for assessments by non-use of the Common Area or abandonment of the Owner's Lot. . Section 10. Subordination of the Lien to Mortgages. The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage. While the transfer of any Lot generally does not affect the assessment lien, the foreclosure of any such mortgage or any proceeding in lieu thereof or deed in lieu of foreclosure, shall extinguish the lien of such assessments as to payments which became due prior to such foreclosure or proceeding in lieu thereof or which become due during any period of redemption and, if the assessments for which the liens were extinguished cannot be collected in an action against the person personally obligated to pay them, the Association shall bear such assessment as a common cost. No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof. section 11. certificate of Payment. The Association shall, upon demand and free of charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid in full and, if not paid in full, stating which assessments are unpaid. A properly executed certificate of the Association as to the status of assessments on a Lot shall be binding upon the Association as of the date of its issuance. ARTICLE VIII . ADDITIONAL RIGHTS OF MORTGAGEES section 1. Notice of Meetings. The holder of any mortgage of record against any Lot, upon written notice to the Association advising it of such mortgage interest and its mailing address, shall be given written notice by the Association of all regular and special meetings of the members and of the Board of Directors of the Association; but failure to give such notice to any or all such mortgagees shall not invalidate or affect, in any way, such meeting, if otherwise duly called and held. section 2. No Suspension of Rights. Any voting rights which are suspended as to any Owner and that Owner's employees, licensees, invitees, tenants and guests, pursuant to this Declaration, or pursuant to the By-Laws of the Association, shall not be suspended as to any mortgagee or 1434296 25 other person who becomes an Owner by virtue of mortgage foreclosure or by any transfer of title in lieu of foreclosure, because of any default or failure of the prior Owner. Section 3. Notice of Defaults. The holder of any mortgage of record against any Lot, upon written request given by the holder of such mortgage to the Association advising the Association of such mortgage interest and its mailing address, shall be given written notice by the Association of all defaults of the Owner of the Lot upon which such mortgage is a lien, then or thereafter existing, in fulfilling his obligations under this Declaration or the By-Laws of the Association; but the defaults set out in such notice shall not be conclusive on the Association, and the Association shall have the right to enforce all claims against such Owner for all defaults of such Owner whether or not notice thereof is given to the holder of such mortgage. . Section 4. Copy of Budget. The holder of any mortgage of record against any Lot, upon written request given by the holder of such mortgage to the Association advising the Association of such mortgage interest and" its mailing address, shall be sent a copy of the proposed annual budget of the Association at least fifteen (15) days prior to the meeting at which such proposed annual budget is to be considered, and the holder of such mortgage shall be entitled to raise objections to and comments upon such proposed annual budget at such meeting or otherwise; but failure to send such copy to any or all such mortgagees shall not invalidate or affect, in any way, such proposed annual budget or any action taken with respect thereto, nor shall any objection or comments by any such mortgagees with respect to such proposed annual budget be binding upon the Association. . section 5. Successors of Developer. If a mortgagee of Developer who holds a mortgage on more than one Lot shall foreclose said mortgage or receive a deed in lieu of foreclosure of said mortgage, then said mortgagee shall automatically succeed to the rights of the Developer under this Declaration. ARTICLE IX GENERAL PROVISIONS Section 1. Enforcement. The Developer, the Association, or any Owner or any mortgagee of record, shall have the right 1434296 26 to enforce this Declaration by proceedings at law or in equity. Failure by any person or governmental authority to enforce any provision of this Declaration shall not be deemed a waiver of the right to do so thereafter. Section 2. Severability. Invalidation of any provision of this Declaration by judgment or court order shall in no way affect any other provisions, which shall remain in full force and effect. section 3. Duration. This Declaration shall run with and bind the Lots and the Common Areas for a term of thirty (30) years from the date this Declaration" is recorded, after which time this Declaration shall be automatically renewed for successive periods of ten (10) years each. . Section 4. Amendment. This Declaration may be amended by an instrument signed by the Owners owning at least two- thirds (2/3) of the Lots and by the holders of first mortgages on at least two-thirds (2/3) of the Lots. Each amendment must be recorded with the County Recorder and/or Registrar of Titles, as appropriate. Section 5. Notices. Any notice required to be sent to any Owner/Member under the provlslon of this Declaration shall be deemed to have been properly sent when mailed postage prepaid to the last known address of the person who appears as Owner/Member in the records of the Association at the time of such mailing and to the occupant of the address of the Owner/Member's Lot, if it is a different address. . Section 6. Captions. The title of this instrument and the captions of the articles, sections and subsections hereof are for convenience of reference only. section 7. No Trust Created. No trust is created by this Declaration or by the conveyance of Common Areas to the Association. No charitable purpose is served by this Declaration. This Declaration is for the private use and benefit of the Owners and not for any public use, benefit or purpose. 1434296 27 . . IN WITNESS WHEREOF, the Developer has executed this Declaration as of the day and year first above written. DEVELOPER: LUNDGREN BROS. CONSTRUCTION, INC. By Its STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 19__, by , of Lundgren Bros. Construction, Inc., a Minnesota corporation, on behalf of the corporation. Notary Public 1434296 28 . . CONSENT TO DECLARATION OF COVENANTS ROMAN A. WARTMAN and ADELINE M. WARTMAN, the fee owners and mortgagees of some of the property affected by the foregoing declaration of covenants (the "Declaration"), hereby consent to and agree to be bound by the Declaration. Roman A. Wartman Adeline M. Wartman STATE OF MINNESOTA ss. COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this ____ day of , 199 by Roman A. Wartman and Adeline M. Wartman, husband and wife. Notary Public 1434296 29 . . WARRANTY DEED Cllrporatioll or Partnership to Corporation or Partnership No delinquent taxes and transfer entered; Certificate of Real Estate Value ( ) filed ( ) not required Certificate of Real Estate Value No. ,19_ County Auditor by Deputy STATE DEED TAX DUE HEREON: $ 1.65 (reserved for recording data) Date: FOR VALUABLE CONSIDERATION, Lundgren Bros. Construction. Inc., a corporation under the laws of Minnesota, Grantor, hereby conveys and warrants to the City of Shorewood, Grantee, a municipal corporation under the laws of Minnesota, real property in Hennepin County, Minnesota, described as follows: Outlot A, Marsh Pointe together with all hereditaments and appurtenances belonging thereto subject to the following exceptions: Declaration of Covenants for Marsh Pointe The total consideration for this transfer of property is $500 or less. Affix Deed Stamp Here LUNDGREN BROS. CONSTRUCTION, INC. By Its STATE OF MINNESOTA } SS.: COUNTY OF HENNEPIN The foregoing was acknowledged before me this ,the Inc.. a corporation under the laws of Minnesota, on behalf of the corporation. day of , by of Lundgren Bros. Construction, NOTARIAL STAMP OR SEAL (OR OnlER TITLE OR RANK) SIGNATURE OF PERSON TAKING ACKNOWLEDGMENT Tn Statemenl.s for Ihe real property dClicribed in this inslmment should be sent 10 (Include name and address ofOrant.:e, City of Shorewood Shorewood City Hall 5755 Country Club Road Shorewood, MN 55331 TillS INSTRUMENT \VAS DRAFTED BY (NAME AND ADDRESS): IEON/\RD, STREET AND DI'INARD Pi\. (NL\VIJCK) 'en C', ,.1. :" 111'1' ....~ '"- ," . . To: From: Date: , Re: Mayor and City Council James C. Hurm, City Administrator Teri Naab, Deputy Clerk November 21, 1996 Records Retention In the past, the method of archiving documents has been to microfilm. Each year we have budgeted money for microfilming ($1,800 for 1996), but have not proceeded in the hopes that technology would be perfected and a more affordable and user friend system would become available. That time has come. Staff met with one vendor on the PC side who proposed a wonderful system but at the cost of approximately $7,000 (quote attached). We then met with a consultant who has helped us in the past on our Macintosh system. He recommended the purchase of a Jaz drive to store documents on an interim basis and provide additional hard drive space, with a built in CD ROM writer. Since most documents are produced electronically, the process would involve a minimum amount of staff time. Documents currently not stored on the computer could easily be scanned in and then written to CD. The cost of the Jaz drive, CD ROM writer, labeler and extra Jaz disks comes to approximately $1,650. Mr. Prince, of The Consulting Mac, estimates it would be approximately $300 of his time to get everything installed and up and running properly. This system would allow copies of the CD to be produced, allowing staff access to all archived documents, and with Words "Find" features, provide search capabilities of many documents within minutes. The second CD would be stored off site as an archival document. Although the initial cost is slightly higher than what was budgeted for in 1996, future costs would only be upgrades to equipment or software, disks, or staff time. This should result in a significant savings while providing a valuable tool to anyone wishing to find locations of historical documentation. #3~ p...........~..... .D........r. n.. .. '_La . _ ..." ~.. 7317 5th Avenue South Minneapolis, MN 55423 (612) 861-5840 (612) 869-0428 fax E-mail: info@hissys.com A Division of H.I.S. Systems. Inc. October 31, 1996 City of Shorewood, Minnesota 5755 Country Club Road Shorewood, MN 55331 ATTN: Terri Naab - Assistant Clerk \ij ~ re ~ D \)/1 ~ij\ \\~\ ,\1(1\) 4: 1996 IU \ \U~ .'y \ \ By --= I Dear l'erri: . UPDATE...A price REDUCTION for Snapshot, from Laserfiche! Here's some great news regarding SNAPSHOT, the LaserFiche module that enables LaserFiche users to send ANY Windows-created document directly into a LaserFiche database without the need to print, scan and OCR! Our previous quote/proposal to you included a price of $] ,900.00 for the LaserFiche Snapshot module...regardless of the number of users. That is now the maximum price for Snapshot, if more than 10 users are on the network. Otherwise, Snapshot pricing is REDUCED from $1,900, as follows: A. A olle user license for Snapshot is $295.00 B. A two user license for Snapshot is $590.00 C. Afive user license for Snapshot is $990.00 D. A tell user license for Snapshot is $]900.00 . This revised and reduced pricing makes the LaserFiche system an even more affordable way to get to the paperless office! il~ Vince Beaudette PC-PROS We help people in business make better llse of their computers. and we make sure their computers keep wOl:king. ..,,~ 'ii.i,:.J,'~,..a, ,,,,,,,_,.re'.. ..'".. '.. ..:0,.;' Ji,',iI .",1,. .L" 1. "J , In Rec.dable CD tJ1ic f{~~IO ?. x R tVlYJ.v y.. X /It! L I- Y~#1d.,.. /D 1/ ;\ ./ b div tfv1 t'd l Q.., 7.? 56---7,[;'0 / d () -:. 7. a 0 We used OUI Iwo hlrelllcs to bUIR over ;5. 100 (0.... W. (0 uld"'1 hove linish,d OUI '<I proj", on lirn. wilhoullh. hlr,..,," / _ C) c;; "Gleg lllLodu, M,DlInntU O""ylol ( / loll am obiolultly lIooredl An amoling ( pi". 01 hordwo". -JolmMa.uion.. MatUel1 "'rlIIIIA;' 11 -= 2X/4X CD-R 49 External Both CO.Rs include: · Toast CO Pra Software . 1 MB Cache BuHers . Faster 4X reads 1GB Removable HD fleD.. $8 rl .' . I I .... I.t $2899 15GB Compressed to 30GB $3899 20GB Compressed to 40G8 .. Fast and spacious , ~ Good CD recording s urce . tfighest capacity . Fastest transfer rate . Lowest cost per megabyte " il . ti,'1 i~, t1~ ,I I \. ~~ r I MIOIASIORI.,.ho. prod."d 0 1001 exdlemenlln my p.odud line. lhe hlrellll Iih on important need for my (uslorneulO . Idward Craig, [,my s"ltlOI .. STANDALONE) CD DUPLICATION ... Records 16 lollleogl" CDs per "ollr . CA.tL. OPTICAL CARTRIDGES 128MUS\099 650MB."~, : $ 9l) 1.3GB... 3 ~ 230MB, ,~ 2.6GB... $f..,9 'I SYQUEST CARTRIDGES (and Compalible) 105MB...$35 44MB...$33 210MB...$52 $ . .........." /. , I' . . SilL .' '- )>.~ \ c C /' J D IC' P./.-,~,-J:.Jro. C ,.........' . m....... ...~.. -..,., - 7317 5th Avenue South Minneapolis, MN 55423 (612) 861.5840 (612) 869.0428 fax E-mail: info@hissys.com A Division of H.I.S. Systems, Inc. October 24, 1996 -:\ p= I~ =IS n \\/7 fC'~ 110 LS "l0 ,L U \'1} /i; \ I,:n{ !,n-;- ') 81996 nj Iii 'I. Ul., I -.J . lU, ~ l Lj i By City of Shorewood, Minnesota 5755 Country Club Road Shorewood, .MN 55331 ATTN: Terri Naab - Assistant Clerk . Dear Terri: All of us at PC Pros again want to convey to you and Al Rolek our sincere thanks for your time and interest in the LaserFiche system of electronic document storage and retrieval. As agreed, we have prepared a proposal (attached) for a I user LaserFiche system that we discussed. We have detailed all of the equipment, software and service we feel you will need for a successful move to electronic document storage! I suggest a brief consultative visit from Dave Schultz for the purpose of analyzing your current network situation, prior to the installation of a Laserfiche system. . We look forward to your feedback and the opportunity to work with your staff. ~// /4 mce Beaudette PC Pros We help people in business make better use of their computers. and we make sure their computers keep wo~king. PROPOSAL FOR the CITY of SHOREWOOD, MINNESOTA Overview Description Cost ., Pentium 133 Computer with 32MB/RAM/2 GB Hard Drivel 17" Monitor Ricoh 2x CD Recorder with Incat mastering software Laserfiche 1 user NLM software Installation & Training (Setup scanner, CD-R and software) 10 blank Cds 1470 650 895 1495 500 100 . Snapshot software module to print Windows documents to TIF format 1900 One year support package including phone, FAX and software upgrades 1990 Total cost 9000 Also, you'll need (if you don't already have it!) a program called Personal MAC LAN to enable your Macintosh users to save their Word documents to a Windows PC on your ethemet network and a router. The cost for Personal MACLAN is about $250, and a router would be approximately $800. Installation charges would be extra. We will be glad to supply these items if they are needed. Vince Beaudette . p/("'~rn~~ ~ . - . ..... ......., .., A Division of H.I.S. Systems, Inc, 7317 5th Avenue South Minneapolis, MN 55423 (612) 861-5840 (612) 869-0428 fax E-mail: info@hissys.com City of Shorewood, Minnesota 5755 Country Club Road Shorewood, MN 55331 ATTN: Terri Naab - Assistant Clerk '-:'ire F>r=n\\/7~ liD' ~ (':-!lIE u \Iv; [f;~\ I,' ,n { C"." -- ') 8 .1996 i Ii 'I, Ul,' I -' I J 1" I~ w i By October 24, 1996 . Dear Terri: All of us at PC Pros again want to convey to you and Al Rolek our sincere thanks for your time and interest in the LaserFiche system of electronic document storage and retrieval. As agreed, we have prepared a proposal (attached) for a 1 user LaserFiche system that we discussed. We have detailed all of the equipment, software and service we feel you will need for a successful move to electronic document storage! I suggest a brief consultative visit from Dave Schultz for the purpose of analyzing your current network situation, prior to the installation of a Laserfiche system. . We look forward to your feedback and the opportunity to work with your staff. ~// 14 mce Beaudette PC Pros We help people in business make better use aftheir computers. and we make sure their computers keep wo~king. PROPOSAL FOR the CITY of SHOREWOOD, MINNESOTA Overview Description Cost . ,Pentium 133 Computer with 32MB/RAM/2 GB Hard Drivel 17" Monitor Ricoh 2x CD Recorder with Incat mastering software Laserfiche 1 user NLM software Installation & Training (Setup scanner, CD-R and software) 10 blank Cds 1470 650 895 1495 500 100 . Snapshot software module to print Windows documents to TIF format 1900 One year support package including phone, FAX and software upgrades 1990 Total cost 9000 Also, you'll need (if you don't already have it!) a program called Personal MACLAN to enable your Macintosh users to save their Word documents to a Windows PC on your ethemet network and a router. The cost for Personal MACLAN is about $250, and a router would be approximately $800. Installation charges would be extra. We will be glad to supply these items if they are needed. Vince Beaudette . If". ,::0. CITY OF SHOREWOOD RESOLUTION NO. 96- A RESOLUTION ACCEPTING PETITIONS FOR THE LEVY OF WATERMAIN TRUNK CHARGES AND SPECIAL ASSESSMENTS WHEREAS, the City has received a petition from the developer requesting that watermain trunk charges for Lots I and 2, Woodside 2nd Addition be levied against such parcels; and, WHEREAS, the City has received a second petition from a resident requesting that they be included in the water system improvements for 1996 and that special assessments for such improvements be levied against said resident's parcel; and, . WHEREAS, the petitioners have within their petitions waived their rights to a public hearing and their rights of appeal of such levies; and, WHEREAS, the City Council has reviewed such petitions at a regular meeting. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Shorewood, Minnesota: 1. That such petitions, attached hereto and made a part hereof, are hereby accepted and that watermain trunk charges and special assessments are hereby levied~ 2. That the assessment roll, attached hereto and made a part hereof, be known as Levy No. 13913, Water Trunk Charges and Special Assessments, and payment of such levies shall be amortized over a period of fifteen (15) years, the first of the installments to be payable on or befor the first Monday in January, 1997, and shall bear interest at seven percent (7.00 %) per annum from the date of the adoption of this resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 1997. . 3. The Clerk shall forthwith transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over in the same manner as other municipal taxes. ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 25th day of November, 1996. Robert B. Bean, Mayor ATTEST: James C. Hurm, City Administrator qt~'D ,I ' _I, "'"~ ... "" - -"" PETITION FOR LOCAL IlV1PROVEJ.\1E1'IT City of Shorewood State of Minnesota /\)0 V G . 1996 To the City Council of Shorewood, Minnesota: WE, THE UNDERSIGNED OWNERS of the real property described as: / . - < J 2 . AO A - ~ I...J AAJO , WooO.s 1101::"" Z - Of) ,nof\} . hereby petition, pursuant to Minnesota Statutes, Chapter 429, for the following public improvements: ----A 5 ')c:..;--5 TfZ \.( ,v it.... L,.J k rc:tL Ci1 f\7J.- c;. ~ I . EACH OWNER FURTHER AGREES, in consideration of the City action at our request to cause construction of the above-described improvement, to pay such sums as may be detemlined by the City to be a fair and reasonable apportionment of the costs of said improvement. OWNER EXPRESSL Y WAIVES OBJECTION to any irregularity with regard to the making of the improvement or assessment of the cost thereof; waives any claim that the amount thereof levied against owner's property is excessive; and waives all rights of appeal in the courts. Date 11/~/'1t.., , Signature of Owner ?J't~ \ ~~, Print Name of Owner Description of Property Lc.r.s I i! 'L 1. 2. 3. r' !..oI/J&.Jr W iTTc'O. J NC-. , .- 4. Examined, checked, and found to be in proper form and to be signed by the owner(s) of the above- stated quantity of property affected by the making of the improvement petitioned for. / / ! .~ /i/. /)~...(,t v..1 C ~;Lt1.,.';.-;"/1 City' Administrator/Clerk :/ / /f \k. /?'; -7'; / ~e ( n~ .~. J! -t"" \ . -- ~. ----- ~ ,- ~~ . . .. PETITION FOR LOCAL IMPROVEMENT City of Shorewood State of Minnesota To the City Council of Shorewood, Minnesota: THIS PETITION FOR PUBLIC IMPROVEMENT is being made on this J t;,j) day -rI ~ ,/ [. 1..- of September by -=1 ~~ ~. tl.CZ ~ ~ 'f lA &t'"; i) ~(,./ ~F (property Owners). WE THE UNDERSIGNED OWNERS of the real property described as: (address) 2-tG~~ S M 1'f>ff6);J7V f2019rJ I :5h~ I 1'11/\/ S-S ~ ~ / , hereby petition the City for the following improvements: 1. The extension of a municipal water service from the existing watermain located within the platted public right of way of Smithtown Way, as recorded in the Office of the County Surveyor located in the County of Hennepin, Minnesota, to the south right of way line of said right of way. THE OWNER OF SAID PROPERTY AGREES, in consideration of the City action at our request to cause construction of the above described improvement, to pay the watermain assessment rate offive thousand dollars ($5,000.00). THE OWNER EXPRESSLY W AlVES OBJECTION to any claim that the amount thereof levied against the homeowner's property is excessive: and waives all rights of appeal in the courts. Examined, checked, and found to be in proper order and to be si e property by the improvement petitioned for. c: lJablt\corresp\960 828is.doc 1'1 /, d t. ! I I.. '......'. ,'..'. \.. 'N.-/! J /-, 11). '"' ~ ./} ,:~. " ' f.' v \... \I' r , City Ap}ninistrato'rlDeputy Clerk J . . . Attachment to Resolution No. 96. Adopted Assessment Roll - Levy No. 13913 page 1 of 1 Parcel Addn First Name Last Name House Street City St Zip Land Shorewood Total De- Prepay # PID Code Owner Owner or # Use Address Assessment Cerred Receptl Comoanv Name Date I 31-117-23-24-0005 35480 Michael Lazarelli, President 1155 Cedar View Dr Minneapolis MN 55405 SF unassigned $10,000.00 of WillCO, Inc. 2 32-117-23-14-0046 34420 Thomas Ingrid Schaff 25605 Smithtown Rd Shorewood MN 55331 SF $5,000.00 Kelsev TOTALS 2 SF $15,000.00 '\ . - ~ CITY OF SHOREWOOD PLANNING COMMISSION MEETING WEDNESDA Y, NOVEMBER 6, 1996 MINUTES COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. .......~"\ ~~,~ CALL TO ORDER Chair Borkon called the meeting to order at 7:02 p.m. ROLL CALL Present: Chair Borkon; Commissioners Foust (arrived at 7:25 p.m.), Kolstad, Lizee, Pisula, Rosenberger (arrived at 7:06 p.m.) and Turgeon; Council Liaison Benson (arrived at 7:25 p.m.) and Planning Director Nielsen. APPRO V AL OF MINUTES . Turgeon moved, Lizee seconded to approve the October 1, 1996, Planning Commission meeting minutes as submitted. Motion passed 4/0. Commissioner Pisula abstained. 1. PUBLIC HEARING - VARIANCE FOR DOCK USE, LENGTH AND SETBACK Applicant: Location: Bob Mellett 4435 Enchanted Drive . Mr. Mellett was in attendance along with Mike Hajicek and Dave Skrien. He noted there is an easement agreement which will be recorded on all three properties. In addition, Mr. Mellett stated he had discussed this request with the neighborhood and he has received full neighborhood approval. Chair Borkon opened the public hearing at 7:13 p.m. Hearing no public testimony, Chair Borkon closed the public hearing at 7: 13 p.m. Chair Borkon asked for clarification of the side yard setback. Planning Director Nielsen explained the LMCD established a rule that dock configurations must maintain a minimum ten foot setback. Commissioner Lizee asked if a permanent dock permit had been applied for through the LMCD. Mr. Mellett noted he had made this application. In addition, Commissioner Lizee noted the Declaration of Easements requires an owner not make any improvements, additions or alterations in or to the dock or the easement area without the express consent of all of the owners. Nielsen stated this would apply to changes in configuration of the dock. Commissioner Kolstad inquired as to the setting of precedence with respect to the length of the dock over the wetlands and whether the LMCD has given their approval. Nielsen pointed out the LMCD has given their approval. In addition, the DNR has determined this area to be lake shore as opposed to wetlands and would not be opposed to the proposed dock. Commissioner Kolstad asked if this particular site would be considered unusual compared to any other site with respect to reeds and water. She also asked if the Commission should consider an ordinance relative to this issue rather than a variance. Nielsen explained the only unusual aspect to the area is the shallow bay that results in a reed situation which extends farther than most. He also pointed out the City is enforcing an LMCD requirement which has been adopted by reference. ~ _...-~ PLANNING COMMISSION MEETING NOVEMBER 6, 1996 - PAGE 2 Commissioner Kolstad stated this appears to be a well thought out proposal, but noted this request will change the natural environment. Commissioner Rosenberger suggested the Commission may want to review the ordinance so that a variance would not be neGessary should this type of request again be presented. In addition, he asked about the possibility of additional docks should a new owner purchase one of the subject properties. Nielsen stated the easement covers only the use and maintenance of the single dock. A condition could be added to the variance which would prohibit the building of additional docks on any of the adjoining lots. Chair Borkon asked if this agreement could be dissolved at some future date. Nielsen stated all three property owners would need to agree to release the easement and dissolve the agreement. Commissioner Foust noted he had received several calls with respect to the aesthetics of the dock. He noted this is the outcome of a situation where a dock had been built on a lagoon in which at least one owner was using the dock in violation of city code. Commissioner Rosenberger stated if the LMCD gave approval of the request, he would defer to . their judgment. Commissioner Foust felt this dock created a more massive structure on the lake which would have a visual impact on surrounding property owners. In addition, the dock could result in excessive activity. Chair Borkon pointed out the surrounding neighbors have given their approval. Commissioner Foust expressed concerned with respect to aesthetics and asked if a canopy would be included on this dock. Mr. Hajicek stated the applicants would be in agreement with a restriction which would prohibit the use of a canopy on the dock. Chair Borkon inquired as to the length of the dock. Nielsen explained the length was to allow for boat access to open water. Commissioner Kolstad questioned whether the reeds create a hardship sufficient to grant a variance. Commissioner Rosenberger pointed out the variance to be considered is for multiple use and the other issues which have been raised have been addressed by the LMCD. He felt the variance would be a positive in that the request provides for one dock with multiple uses as . opposed to three separate docks. Commissioner Foust noted this is a posted spawning area, but he was unsure as to the affect the dock would have on this issue. The applicants noted this to be an issue for the DNR and the DNR has given their approval. Commissioner Pisula pointed out the alternative would be to have three docks of a greater length than the proposed single dock. Nielsen did not feel the dock would be obviously visible due to the weeds which are present. In addition, he pointed out any individual dock could have a minimum of two slips with the possibility of having four. Mr. Hajicek noted the LMCD had commented on the visual aspects of the dock and felt this would be favorable to having individual docks with four slips each. Turgeon moved, Rosenberger seconded approving the variance for dock use, length and setback for Bob Mellett, 4435 Enchanted Drive, subject to LMCD recommendations for a limit of three BSU's on the dock, a maximum slip length of 25 feet, a dock to be seasonal in nature with hand-driven poles, a permanent PLANNING COMMISSION MEETING NOVEMBER 6, 1996 - PAGE 3 dock permit be applied for and obtained, no additional docks may be added to the three properties and there shall be no dock canopies. Motion passed 7/0. Chair Borkon noted this matter will come before the City Council for their consideration on Monday, November 25,1996, at 7:30 p.m. 2. PUBLIC HEARING - VARIANCE TO SHORELAND DISTRICT HARDCOVER REQUIREMENTS Applicant: Location: John Miller 21125 Minnetonka Boulevard Mr. Miller was in attendance. Chair Borkon opened the public hearing at 8:04 p.m. Hearing no public testimony, Chair Borkon closed the public hearing at 8:05 p.m. . Commissioner Foust asked what types of things could be done to minimize the hardcover. Mr. Miller stated a tuck -under would eliminate the need for a separate garage on the property. He noted the topography made the plans for the driveway difficult. Commissioner Foust noted this to be the largest variance request he could recall with respect to hardcover. Planning Director Nielsen pointed out the hardcover requirement was changed by the DNR and accordingly the City adjusted the code to reflect 25 percent hardcover. Chair Borkon asked Nielsen to address the issue of drainage. Nielsen noted the drainage is currently flowing to Minnetonka Boulevard. There is an open ditch system with culverts under driveways which provides some opportunity to filter the water. Chair Borkon asked if there would be adequate drainage to avoid erosion and drainage onto neighboring yards. Nielsen felt adequate drainage would be available. . Commissioner Rosenberger expressed concern with respect to the amount of hardcover and the current erosion of the hillside. He also suggested this could possibly be an unbuildable lot. Chair Borkon asked if there would be any way in which to reduce the hardcover. Nielsen did not feel the driveway could be created steep enough to reduce the hardcover without creating a safety hazard. Chair Borkon asked for an explanation of what would constitute an unbuildable lot as well as the rights of the property owner. Nielsen explained an unbuildable lot is one which does not meet size requirements of the ordinance. He further explained the variance procedure would allow the owner to make reasonable use of the property. Nielsen pointed out this is not a situation which was created by the property owner. The code specifically addresses the problem of steep slopes or poor soils as the type of issues which constitute a hardship that prevents a property owner from making reasonable use of the property. Chair Borkon expressed concern with erosion which may result from the granting of the variance. Nielsen pointed out the proposed plan would actually prevent erosion of the site. He did not feel this lot met the criteria of an unbuildable lot. Commissioner Turgeon felt natural vegetation on the slope would prevent erosion better than sod. Mr. Miller stated he had been advised the sod, if left to grow, would create the same situation, however, he stated he would not be opposed to leaving the natural vegetation. Nielsen pointed out in a disturbed area, it is preferable to use sod which is staked in. Commissioner Turgeon felt the applicant had addressed the hardcover issue to the extent possible. She also pointed out it would PLANNING COMMISSION MEETING NOVEMBER 6, 1996 - PAGE 4 be important for Public Works to maintain the culverts throughout the construction process to avoid any adverse situations on the site. Commissioner Kolstad asked for clarification of the tree preservation policy noting only four trees are planned for replacement. She felt some of the drainage issues could be mitigated by requiring the planting of additional trees and/or vegetation. Nielsen explained this could be included in the varIance. Commissioner Lizee expressed concern with respect to the driveway. Commissioner Pisula felt the applicant had done everything possible to minimize the impact on the property. He did not feel this was an ideal situation, but the property does not meet the criteria of an unbuildable lot. Turgeon moved, Lizee seconded approving a variance to Shoreland District hardcover requirements for John Miller, 21125 Minnetonka Boulevard, subject to staff recommendations, including the lilac bushes be moved to provide better site line along the boulevard and Public Works to be put on notice to keep drainage open during construction. Motion passed 6/0. Rosenberger passed on the motion. . Commissioner Rosenberger asked when construction would begin. Mr. Miller felt he may wait until the road restrictions are lifted. Chair Borkon noted this matter will come before the City Council on Monday, November 25, 1996, at 7:30 p.m. for their consideration. 3. SIMPLE SUBDIVISION Applicant: Location: Richard Jenson 6020 Galpin Lake Road Mr. Jenson was in attendance. He stated he was surprised to learn the property contained a designated wetland. Planning Director Nielsen noted the wetland is designated on the City Designated Wetland map . which is based on aerial photos which were obtained in 1967. He explained the procedure to be followed in determining or changing a wetland designation. Commissioner Kolstad noted she had not had a chance to view the site and would, therefore, neither comment nor vote on the request. Rosenberger moved, Turgeon seconded approving the simple subdivision for Richard Jenson, 6020 Galpin Lake Road, subject to staff recommendations. Motion passed 6/0. Commissioner Kolstad abstained. Chair Borkon explained this matter will come before the City Council on Monday, November 25, 1996, at 7:30 p.m. for their consideration. Mr. Jenson expressed his appreciation to the Planning Commission for their work and the careful consideration given to the issues brought before the Commission. 4. MATTERS FROM THE FLOOR - None ")0 . . PLANNING COMI\HSSION MEETING NOVEMBER 6, 1996 - PAGE 5 5. REPORTS Commissioner Turgeon suggested the Commission revisit the tree preservation policy at the next study session. Commissioner Foust noted his agreement. It was the consensus of the Commission to extend an invitation to the members of the new City Council to attend a joint study session to provide the Commission with guidance relative to the Council's vision for the city. 6. ADJOURNMENT Turgeon moved, Lizee seconded to adjourn the meeting at 9:00 p.m. Motion passed 7/0. RESPECTFULL Y SUBMITTED, Cheryl Wallat Recording Secretary TimeSaver Off Site Secretarial ~, /' ..------- CITY:OF SHOREWOOD/~ / / i 5755 COUNTRY CLUB ROAD I. SHOREWOOD. MINf\!ESOTA 55331-8927 · (612)474-3236 MEMORANDUM -"" . TO: FROM: DATE: RE: ,FILE.cNO~:' /F PI~g Commission, Mayor and City~ Council \ \ / Brad Nielsen - \ , -:,.. 1 November1996 Mellett, Bob':' Dock Variances F- 405 (96.23) . ......, . BACKGROUND- B~b Mellett owns. the property at 4435 Enchanted Drive (see Site Location map - Eyubit A, /: attac}1ed). He and his neighbor to the north, Mike Hajicek, and his neighbor to the south, Dave /' Skrieri, propose to build one cOInmon dock on Mellett's property to serve all three lots (see ExhibitB). / ',' The proposed dock requires three variances: l)three families using one dock;-2) dock length; and 3) side yard setback., . '.",_~_.;-i-- '<' :~., .' ."" I _".i, 1 __,....-- . The property is zoned R-IC/S, Single-Family ResideritiallShoreland. The proposed dock will be 'appro~ately 340 feet long. . The . applicants have-described their req~est in a letter to ,their. - /. neighbors (Exhibit C), dated 23 September 1996. i ~-' - )'. -..</ ~/ f.,.....,., J "- ANAL YSISIRECOMMENDATION . <-I '"'\ ,.,\ J The length of the proposed dock and the side yard setback are variances to provisions of the Lake Minnetonka Conservation District (LMCD) Code, which the City has adopted by .... reference. These variances are necessitated by physicalcharacteristic_s of the threeJotsand the lakeshote adjoining them. The reed bed which lies to the east of the subject lots requires 340 feetoflength to reacn'open water:_The LMCD Code limits docks to 100 feet. This limit exists prmarily to prevent docks from extending too far into the lake, obstructing Ilavigation. TheLMCD Code also establishes a minimum ten-foot setback trom the property line exte~ded into the water. In order to Il1iniInize the length of the dock and get to the nearest open water, it has been angled so as to cut across Mr. Mellett's lot line as it extends into the water. The applicants have maintained the required setback from the lot line of the property to the north. ----......, ,/ .. A Residential Community on Lake Minnetonka's South Shore 5D , ': ,\ ~-----/ ~, . _.1 Re: Mellett, Bob Dock Variances 1 November 1996 It should be noted that the LMCD has ,reviewed the two variances discussed'above, ~d' has approved a permit for the joinfuse dock. -- , \ Shorewood's Code provides thatonly residents of',the property may use thedbck. Since residents of three properties will be using this dock, a variance is necessary. This variance is ! recommended to avoid all three owners having to build lengthy dock structures. " T \ . J - ~_/---' Thepropert)r owners should be commended for working together to solve their common problem. They have prepared a use and maintenance agreement (see Exhibit D) ,Which will be recorded with Hennepin County. Subject to this as arequirement, it is recommended that the variance be approveg. \ \" ; \ __ / cc: Jim Hurm Tim Keane Bob Mellett Dave Skrien Mike Hajicek /- \~ -------- " "'~\. i I I I if '-. 2 / / \'J , / @ GOVT LOT 5 GC PHELPS BAY '" ,-/ _ SHORe --~c ~ i':1r "" iS~R€ E /989 ~INc AS p : RIAL p €R : ~TO I r;fJ,@lM~ . ..- ~.... ..... dIIfJ/J!Ir l !PJ l'AIlIC NO 2 (7) "AIlIl NO I ( 25) ...~.. . . .. ~. North 1U = 200' , ~ ~ rn. e8_ ~..1"" ;' ~. ,," ~., Exhibit A SITE LOC M 11 ATION e et varia nee request -'Yl A m1 if f2 ID) 1- 1 ;i ~ ~ .- -1~ .' - .... ~ q - . ..., Z0/G0' d I '=:;- I 5 ! Iii "- r /'--.- .''\ i . I , 0" I I , . I I I I I I ft .. 9 I I I f \ " \ i ~. I n I I I , ~~ \ i,\ '... t - ..., : .... ':i' ,~ .~ ~ '-" .... lit Z - < (.) 9 ~ U\ ~. . ~~~ - 9 ,"~ ~ ~ '-' 'f\ -- r ~r ':lNI 'T1IH ~ . ~ 2--""-' f! ~ Ii '~ ~ ~ ~ c> ...>> ~ , :' 0.. . " " i I -' ~ Exhibit B DOCK LOCATION PROPOSED \. ~ - 4. (- .t" t September 23, 1996 Dear Neighbors, We (Dave and Dee Slaien, Bob and Sue Mellett, and Mike Hajic:ck) are informing the neighborhood of a variance we are requesting and are asking for your support 011. this matter. We have been working with the Shorewood City Planner, LMCD, and the DNR to arrive at a workable solution for dock access for our three properties that face the reeds of Fn,.h~nted Gardens. The three government arcie5 have determined that our best approach is to have one main dock for the three pr~es that would start 011. the McUett property and go through the reeds until we come to open water. We would then have three boat slips at the end of this dock. Attached is a copy of the survey that was done so JOU can see what this would loot like. . We are submitting the paper work for this variance next'M:Ck: and would like to enclose this petition with our paper work to show that we have community support 011. this variance. Once the paper work is submitted, you will be notified by the City of Shorewood of a public hearing with this variance on the agenda, and we hope to have your support. Thank you. Bob and Sue Dave and Dee Mike . .~u~u A~C::;J~ -t ~d/tm _..L;::t;;;~ ~~. ~~ &vi * ~ --!d-.:t/-/.;z .d, ~ ~ ~ .~m~ ~e~~ Exhibit C APPLICANT'S REQUEST LETTER Dated 23 September 1996 . . , ( ~_c::-.... ( DECLARATION OF EASEMENT THIS DECLARATION OF EASEMENT ("Easement") is made and entered into this day of . 1996, by and between David Slaien and Dee Skrien, husband and wife (the t&Skriens'''), Robert B. Mellett and Susan M. Mellett.. husband and wife (the "Mellettsj, and Michael Hajicek. single ("Hajicek j. The Skrlens, the Melletts and Hajicck may be refeIJ~ collectively as the "Owners"; WHEREAS, the Skriens arc the owners of the tract of land in Hennepin County, Minnesota, legally described as: Lot 15, Block 2, Enchanted Gardens ("Lot lSj; and ~. the Melletts are the owners ofthe..tract of land in Hennepin County, ~S'Ota, legally described as: Lot 14, Block 2, Enchanted Gardens ("Lot 14j; and WHEREAS, Hajicek: is the owner of the tract of land ~ Hennepin County, Minnesota, legally described as: Lot 13, Block 2, Enchanted Gardens ("4Lot 13"); and WHEREAS, Lot 15. Lot 14 and Lot 13 are contiguous; and WHEREAS. the Skriens. the Melletts and Hajicek wish to enter into this Easement pursuant to the terms and conditions contained herein; ( r NOW, THEREFORE, the Skriens, the Melletts and Hajicek, for good and valuable consideration, including the mutual promises contained herein, do hereby agree as follows: 1. The Owners do hereby declare an easement through, over, across and uPon that portion of Lot 13, Lot 14 and Loc. 15 lying to the east of a line which is ten (10) feet west of the 929.4 coptour line (the "EasementArea"1 as shown on the topographic survey prepared by and dated , . 19--, a reduced copy of which is attached hereto as Exhibit A. This Easement shall be for the purpose of constructing. installin& maintaining. repairing and use of a dock. for the use and benefit of the Owners and their respective successors, heirs and assigns. 2. All costs and expenses relating to, or arising out of. the installation, construction, maintenance and repair of the dock shall be paid one-third (113) by the .- Skriehs, one-third (113) by the Melletts and one-third (113) by Hajicek, including, but not limited to, all costs and expenses in connection with installation and construction of the . dock and all costs and expenses inCUITed in connection with any necessary maintenance, repair or Ieplacement of all or a part of the dock Rum time to tiine. 3. The Owners shall not make any altcratio~ additions or improvements in or to the dock or the Easement Area without the express, written consent of all or the Owners, and none of the Owners shall incur indebtedn~ for maintenance, repairs or improvement of the dock or the Easement Area without the express, written consent of all of the OV,11ers. 2 ( f." 4. Any and aU disputes under this Easement shall be resolved by arbitration . under the auspices of the American Arbitration Association (the ~'AAA'') in accordance with the rules then in ~-t by the AM relating to real estate disputes. The venue for such arbitration shall be in Hennepin County_Minnesota, or in such other location mutually agreed upon by and between the Owners. 5. All of the terms of thiS Easement shall be binding upon, inure to the benefit of: and be enforceable by.. the Owners and their respective successors. heirs and . ~igns. 6. This Easement may be modified,. amended or terminated only by a writing signed by all of the Owners or their respective successors, heirs and assigns. 7. This Easement shall be governed by ~e laws of the state of Minnesota. 8. This Easement may be executed in counterparts, each of which shan be an origin4I, but all of which shall be deemed to be one and the same instnlment. , IN WITNESS WHEREOF, the parties hereto have executed this Easement, . effective on the day and year first above written.. David SkriCD Dee SkrieD (SIGNATIlRES CONTINUE) 3 ( C' Robert B. Mellett Susan M. MeUett . Michael Hajieek STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of ~. . 1996. by David Skrien and Dee Skrien, husband and wife. . Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of . 1996, by Robert B. Menett and Susan M. Mellett, husband and wife. Notary Public 4 . . . . ( STATE OF MINNESOTA ) ) SSe COUNTY OF ) The foregoing instrument was acknowledged before me this . 1996, by Micbad Hajicek, single. (~... day of , Notary Public ~. . ~ THIS INSTRUMENT WAS DRAFI'ED BY: Malcolm G. McOonaJd Of MOORE. COSTELLO Ie HART, P.LL.P. 1400 Norwest Center 55 East fifth Street St. Paul, Minnesota 55101-1792 T~I1C: (612) 227-7683 5 S1?'.28793-1.1.XJC141790-1 ~ . . '.. 11-06-1996 15:24 612 473 7033 LMCD P.01 fILE COpy l,- Lake Minne~onka con.ervation Dia~ric~ Regular Board of Directora Meeting oc~ober 23, 1996 , I . I '~ ~Ilg.' 2 ! CONSENT AGENDA Nelson moved, Partyka seconded to approve the consent aqenda;items identified by an ......" on the agenda. Motion carried unani~usly (Approved consent agenda items include: Item 2A, Minutes of the 10/11/96 meeting; Item 1A, Hennepin County Sheriff's Water Patrol Significant Activity Report). 1. WAftR STRUCTURES A. Robert and Su.an Mel~.tt, DillUdaion on Public H~ring ~rcm IlCD SlcS. Setback and Doct Length .R8qU1~. nta, 1'1118 an Adjuated Dock U.. ArM. ... Ma91ich asked where the length variances come into play and what an area refers to. and side s~tback adju.ted do~k' use - ..--.---... D-dIft- L~D l'.~iY\uTe7 5] 11-06-1996 15:24 612 473 7033 LMCD \)~~t\ P.02 Lake Minn.~onka con.erva~ion District Rtl9Ular BoareS of Dir.ctors ...~ing october 23, 1996 Pi2l9. 3 Babcock explained a dock lenqth var1ance. is required because the proposed clock length of 340' exceeds the maximum length ot 100' allowed by LMCD Code. He added a I side setback variance is required because thei dock structure appears to not maintain a proper side sJtback i from the lot 12 extendecl lot 11ne as defined. by: LMCD Code. . Nybeck explained lots 13, 14, and. lS are the prop~rtie5 involvec:i in the proposed d.ock. He stated the ex~ended lot lines of these properties from the 929.4 defi~e the startinq point of the authorized dock use area ~ He added because these lot lines are coverqinq, : staff beli~ved a side .etDack and an ad.justed dock use area variance applied to this application. . Babcock stated the side setback variance may ~ot be required depending on how much the authorized d~ck use area of lot 12 is adjusted. . Nelson asked if the dock will be removed.season~lly or will be permanent? Babcock stated he understood the slips at the end!of the dock would be removed., but the dock walkway o~er the wetlAnds would. remain year around. He noted the ONR has reviE::;vJed the proposed dock and does not require a! permit since it is a seasonal dock with hand-driven pOl.S. He statF~d LMCO staff recommends a pe:manenti dock appl i cation should be required since the walkw~Y over the wetlands will not be removed seasonally. 11-06-1996 15:25 612 473 7033 LMCD "t:.'&\~ \)~'~\ . P.03 Lake Kinn.tanka Conservation Di.trict RegUlar Board of Diract.ors MeeUng october 23, 1996 Reese asked at what point: are property entitled to riparian lakeshore owner rights. ,. P".qe 4 owners! not Babcock stated the LMCD and DNR have qenerally. made atteTT1pts to allow for docks over wetlands in the p;ast. He cdded, however, the Board. has restricted the number of i" 'i'lts and slip sizes at these docks when theyi have I bee!l ,'tpproved. . Reese expressed concern in application could create future bein t; proposed on unbuildable lots that approvinq this problems with :docks on Emerald Lake.. LeFI"'\'{'>re stated the Code does not have any restrictions on t. ':land docks. He noted dock lenqth' variances ot over 00' have been approved. in the past. . Rascop stated. the applicants have been advised. my the Ci ty of Shorewood. that since the 929.4 shoreline, exist on I }leir properties, they are ent1tled to r~parian lakf7,:.hore r19hts as defined by state law. He addeid that the ,:' :orewood dock ordinance will not allow construction i of ( " ~ of the three slips on this proposed dock ~til a ho\.l;' , has been cuil t on lot 13 because shqrewood ordill,::lnce would consider this a secondary structur$. The owner of lot 13 stated he would be willing to live wit!: 'his condition. Zwa}: :-tated he took exception to a dock l)einq con$1dered ! a ' ,'ondary structure. He stated he. supporF-s the pro] .,:od ciock and believed a condition of Board approval req": dnq construction of the house on lot 13 ~or the 11-06-1996 15:25 612 473 7033 LMCD .. f( ~<C\ ~~~\ . P.04 Lake M1nnaton]c;~ conservation District Rat;Jular Board of Directors M..ti1\9 OC'to):)er 23, 19(.\6 P~. 5 third slip is unnecessary. He believed it is con(:f:,' i vable for the three property owners - to plAce a dock that would require a lenqth and not a 'side se~ack or an adjusted dock use area varianee. Ras('("'\p stated that approval of this dock would j have lit1;~ impact since this area of the' lake ha. low trs' ": c volumes. . LeF'- 'Inre stated since the proposed dock structure ~is to be ;"!Iilt from lot 14, all three Slips could conce~vably be c:nstructed. Baht"'l""\r:k reeommended that a dock lenqth, a aide se~ack, ann ~ adjusted dock are variances are appropria~e tor th~ - : 'roposed dock to avoidpollsible questions on : it in the : 'lture. . LeFr-' .~' r.e noted the survey provided by the app~icant sho....: . i. the 929.4 lake elevation for lot 13, 14, and 15. Sinc'~ it did not show the 929.4 for lot 12, it appears the - .,.1st way to approve the proposed dock ie to :adjust thp 'ck use area of lot 13, 14, and 15 and to allpw the reI' Lng dock use area to remain with lot 12. Rasr: :) believed that adjustinq the dock use area o~ lot 12 v,- ;': d not create troubles to them sinee the area: to be , adjt!, : :ld is natural veqetation. Babe! 'Ok suqqested that the extended lot lines on th:e pre: .d site plan need to be adjusted to allow tMis dock to ,pproved. He added he is more inclined to a~prove an..' Lication that has Ilinimal side setbacks with ithe 11-06-1996 15:26 612 473 7033 LMCD #""\ ~~~~\ P.05 Lake 'Minne'tonkC\ conservation Distri~ ReCJUlar Board c' f Directors ".1:inq october 23, 19('6 adj u ::' t ~d dock use area. the "nqle of adjustment Page 6 Staff was directed to dete~ine of the extended lot lines. MOTrr.1'1 : Rascop moved, Zwak seconded to direct attprney preparation of Findinqs tor approval 0* the three variances subject to fol~owing conditions: 1) a limit of 3 BSU's'on the iclock, 2) a maximum slip lenqth ot 25', '3) a ~ck to I be seasonal in nature with hand-driven ~oles, 4) a permanent dock permit be applied for~ . VO'l'r: Motion carried unanimously. LeFp.'rl;!'l:'e stated it would be advisable to info%'J!ll the own" of lot 12 that some of their authorized d.o~k use are~, could be reduced. He suqgested a: copy o~ the , Ord: " the adjusted dock area, and a lett~r descfibinq it}. sent to them. . Magli~h asked if the owner of lot 12 has the :,djustment of their dock use area, con" ::1. be heard at the 11/13/96 meetinq'l obj ecti~ns to will ; their LeFI.........e stated if there are objections ot the Fip.dinqs prE . ":d from lot 12, the J30ard would hav. the opp . ani ty to consider their concerns. Babi" .' k stated the lots that require docks over we;tlancls hav ~"een debated at qreat lenqths in the past:. He I bel: "~d that this will continue in the future and the I Boa ~ rnay have to consider restrictinq dock length!s over wet '. is from riparian lakeshore wetland propertt. He be~ ~d a set dock lenqth may need to bedete~ed in 11-06-1996 15:26 612 473 7033 .>1 )' ..\ "".. \.; ..~ <\ J' \ ~,\~l'" LMCD Lake M1nn.tDny.~ conservation District Regular Board C' r Directors Meeting October 23, 19"(" the : ~lture and approved throuqh code amendment. P.06 ~a9'. 7 Suer'11 stated a code amendment may not be the way to addr ",5 this concern in the future. LeFr> '!~'r.e stated from a legal framework, if a prope:ity is at lal:. thE~' . navi, val' apI, the haI. liT!' it . po~ i"lbove the 924.9 lake level, they have riparian ',ore riqhts. Whether it 18 swampland: or wet~and.s, ,..we the right to place a dock out to the po~nt of ,-~)ility with reasonable regulations. He no~ed a .'~e process is available when the $trict ~tion of the Cod.e does not allow for appro~al of '"oject provided. it is reasonable and. there i is a ,: p. He recozmnended if the Board wants to :set a i -)11 dock lenqths over wetland.s, the rational ~ehind 'is to be established. Without this, he be~ieved ,:e future leqal problems could. exist. Th~ird discussed the need for possi.ble enviro$ental ant; ler related studies. LeF r-e stated the LMCD would be in a much better po~ m to consider such a code amendment. if the; Board hac '" environmental related information, needed: prior to nq a policy chanqe. . B. Md' ,nal au_1M.. ~( Babe, undc' Suer! , .:t Lakeside Assembly reopened discussion on Suerths concerns exp~es8ed ~ lie Comments. dded that 24' slips were limited by the PERMANENT EMPLOYEE LIST DEPARTMENT/TITLE HIRE DATE Administration: James C. Hurm, City Administrator/Clerk Teri L. Naab, Executive Secretary/Deputy Clerk Pamela Turnquist, Secretary/Receptionist Wendy Anderson, Secretary Becky Tarvin, Part-time Clerical Assistant 4/22/91 6/28/93 7/23/96 11/12/96 8/7/95 Plannino: . Bradley J. Nielsen, Planning Director patricia R. Helgesen, Planning Assistant 2/13/83 11/16/83 1/23/89 Joseph E. Pazandak, Building Official/Inspector Finance: Kathy Hebert, Senior Accountant Clerk Public Works Department: 11/14/88 9/19/94 Alan Rolek, Fiannce Director/Treasurer Lawrence Brown, Director of Public Works/Engineer 10/3/95 . Lawrence A. Niccum, Supervisor of Operations/Maintenance 4/1/90 Lioht Eauipment Operators: Charles S. Davis 7/15/85 Dennis D. Johnson 7/1/74 Joseph P. Lugowski 12/14/87 Daniel J. Randall 7/1/73 Jeffrey Jensen 5/16/94 Ralph A. Wehle 7/9/84 Chris Pounder 11/12/96 BOARD MEMBERS Douglas E. Babcock Chair. Tonka Bay Tom Reese Vice Ch2ir, Mound Joseph Zwak Secretary, Greenwood Robert Rascop Treasurer, Shorewood Kent Dahlen Minnetcnka Beach Bert Foster Deephaven Gretchen Maglich Minnetonka Duane Markus . Wayzata raig Mollet ViclOria Craig Ne'sor. Spring Park Eugene Partyka Minnetrista Paul Stark Excelsior Herb J. Suerth Woodland Orono . #fir ~~ 60l<,o HeC)'c~ed Contp.nt 30':'c PaSl Consumer Waste LAKE MINNETONKA CONSERVATION DISTRICT 900 EAST WAYZATA BOULEVARD. SUITE 160' WAYZATA, MINNESOTA 55391 . TELEPHONE 612/473-7033 G. Alan Willcutt, EXECUTIVE DIRECTOR November 14, 1996 ~~' /.-" ..::::-:--- _.' L-.-." -_~;' _____.._ #/iU' i c:: lC 1,,===, ,j! \,\f: '::::, ,', '. < '-- '.=c-, " _ ,~ '1 . !i' t, r.,., ;i U I 'v:,; v :~ 2 18::1& il/; 'v" By '..J j =- Mr. and Mrs. Robert Mellett 4435 Enchanted Drive Mound, MN 55364 Subj: License # 96-62-7 Dear Mr. and Mrs. Mellett: The Lake Minnetonka Conservation District has approved your permanent dock license application for the dock plan on Phelps Bay as submitted November 6, 1996. The proposed dock is located within your authorized dock use area. When construction has been completed, please contact the LMCD office so a dock inspection can be scheduled. If the size, location, or configuration of the dock is changed, new variance and permanent dock license applications will be required. No new permanent dock license is required for repair or replacement, if it does not alter the size, type, location, or configuration of the dock. Should you choose to deice around the dock, a separate deicing license is required. Feel free to call me if you have any questions regarding this matter. Sincerely, LAKE MINNETONKA CONSERVATION DISTRICT ~/~ Gregory S. Nybeck Administrative Technician end: site plan cc: City of Shorewood- Brad Nielsen Ceil Strauss- DNR $3 . l' . > . --', -I ,.. r--~' - CITY OF / SHOREWOOD .- " . . -...-.. . 5755-COUNTRY ClUB ROAD - SHOREWOOO, MINNESOTA 55331-8927- (612) 474-3236' \:. - MEMORANDUM -[ "Planning Co~ion, Mayoi~d City COun~iI " , ~ . '-. \~ /- TO: FROM: DATE: RE: FILE NO::' -, I Brad Nielsen ,--' 4 November 1996 \ , Miller, John - Lot Coverage Variance ,-I , . BACKGROUND " , ", '\, / " '. -- / I," . .-' . " ~ Mr. John Miner proposes to build a single-family dwelling on the propertylocatedat21125 Minnetonka Boulevard (see Sit~ Location map - Exhibit A, attached). ,Due to an,extraordinary-~' amount of driveway surface ne.~essary to overcome a steep. slope on the street side of th~ lot, the . ,pla.ns exc;eed .th~ 25 percent hardcover requirement for properties Within the Shoreland zoning ldi . -. .,' / -- -~ . 1", r--~ ,'.-::t- . stn~~. /-' / \' '.', , / ~~I-' , I-~~ " / ,.', .+<' , The lot is zoned R-ID, Single-family Residential, andis within 1000 feet of Lake W}lliam., " , The lot meas~s approXimately 150 x 110' and contains 17,3&0 square feet of area. As ~an be seen on Exhibit B, the driveway (3450 square feet) constitutes more than/half of the total · proposed hardcover (5965 square feet). The total percent of impervious s~ace is 34.4 percent. C',. .',-;.! \, '0 ,f'/ _~ . ,/~\'.; ,.,' ! Mr. Millerexplatnshis request in ,his letter, dated 21 October 1996 (EXhibit C)./Propos~d \ house elevati()tls are shown on Exhibit D.; , ,/ -'~, ,,' \/ .x, ANAL YSIS/RECOMMENDATION ' 'c'''' ~~~./ " r:- ---j. ,') -"'~.;" - The sole reasQnfor'this variance is the steep topography on the street side of the subject lot. i /'The applicant has taken care to lower the proposed house as much as possible ~ojnaintain a safe /, grade on iliedrlveway"Even with a'tuckunder garage the driveway had to be designed with a " , ..switchback" to achieve a grade of eight percent or less. It should.be noted that the o.wner has '-, 'drastic~y changed hiscoriginal plans ~o fit the..h~use to the site. . S~tion 1201.05 2.b.(1)( a) specificany' cites exceptional topographic'Conditions as justific:ation for granting variances. ,Also, pursuant to Section 1201.05 Subd. 2.c.~ the applicant has -- designed his plans so as to minimize the amount of variance necessary.' < ; '-/ , '- A Residential Community on Lake Minnetonka's South Shore ~c t '; -r,_ , -:', ,'- ", )",' , --., " ~,:--.J.___-., " ~, " '_. </ / As new construction, the property i5=subject to a tree replacement requirement of fouftrees . .~< (8/acre + 2 = 4). The 'applicant proposes to place thr~e fIf trees at the base of the driveway , f 7~ : ' (north side) plus- op.e, yet -to-be-determirled tree in the loop of the drive~ay. The ,applicant also p_roposes significant landscaping ac~oss 'the front of the.,new home. ','TheappIicant also has .\, ,/-, i-"'-: recoInIBen~ti9ns from a landscape consultant as to handle the disturbed sl()pes on ~e westside~'\ I of the sIte"";(, '" ' '" \ , i'" -,,' -. - \! ~ ~. ' ':, '. i i ":-- . .It is recomnl.ended that the variaric.e be granted' subject to the aforementioned tree repl~ement,' , "and landscaping being completed within .one year~of the Council ~ s approval of the yariance. I ' - - ': " "'" , ' ': . I ;) \ t, ,-.. /"~~,,::,:_,_,>' ' " ;1, Re: Miller, John LotCoverngeVariance 4 November 1996 1-' : \ ,\ ' , I "'1 , . ei, ,Jim Huini TirIlKeane Larry Brown John Miller I, ) 1; , ,. 2 GI ~ gg ..... l.~! ... ... ..... ". ~ ~ ~ ~ . North L-. 111 = 2DO. (75) ... - .\ I ~': z ; ~I -t \') % .". ~. \P- () c r ~ < >- JJ ~ , i . -, ,~I ~I I -! i .. -. .....u"W" '--:- ,",~Vw '" liiiiI'v ~",""",,",,;:.;...r ~ ~lr~ ~~ ~Ji"Jt4.e r::"IToJrwt. ,,",~(Nc,- I. I ~-- ~ IOMe. COr-JSi. .to~ ",''TO ~ ~~PI~~?' - /07 ~ ~_f"e ~~r'f viNe . ~. ......-- -__, '11::::-- .-- / WlfLl.....- - .IoIIN - ____ ~ _ ____~....- ~. ://........--- .",-/ c;)Vl~' " ---p:-: " .... {1"~"lv' - f'" ./ /' ~ -' , -- .,f _._.......{A,-~W/~ -.-' ....--fbI ~ /' Ie. r I "l'1H~ / ,-. - - J ' . y .. I I ( ::;;,/ , ' , , . ~ I \ I d~\~\ : '/.) J.; .;.1t . ;\ . - J I - t_ ,\:.... r i ~ i _I . . . .....- --: .... .-- , .. I I ~IJ^~ " ;) ...... \ \ t l(:..U;t, R55ID~N'=;S , "2./I-:.r; MTI':'" bLNP I SI:."i~5:WC.?::=>, t-1N ,-' Gin \A'It~P>CA~ PitAi, . . DIMb... .iSION ARCIDTECTURE October 21~ 1996 Planning. Commission City Council ~ c/o Mr. Brad Nielsen City of Shorewood 5755 Country. Club Road , Shorewood, MN 55331 Reference: From: Proposed residence at 21125 Minnetonka Boulevard, Shorewood Jonathan T. Miller, OWner/Architect, 16873 Saddlewood Trail~Mtka. I would. like to formally request. a variance to the requirement that.the maximum'allowable . , 'hardcover on a' residential lot is 25 % of the total lot area. It is here requested' that up to 35 % of the site area be of hard surfaces (building, drives, decks, and patio areas). This request is necessitated by the extreme topography, access requirements and desire to save some trees on , the site. The small size of the parcel (17,360 sf) makes even more difficult the development of . the site within current parameters. I am here addressing issues requested in section 1201.05 of the Shorewood Zoning Ordinance. Ipreviously submitted drawings for building permit review. There are a number of fine, mature hardwood trees at the crown of the site that is approximately 25 feet above <Minnetonka Bouldevard at the center of the street frontage. It is very desirable to save those trees, and to minimize' fill-hauling requirements while maintaining' as natural an appearance as possible:'Many trees, unfortunately, must be removed nonetheless. The house size and vertical vehicle travel has been minimized by using a tuck-under garage arrangement. The main living level' of the house is as low as possible while still' being above the base of the trees to be saved atthe top of the site. The tuck-:-undergarageallows minimum site. coverage , for the Iivingspace provided. The long driveway with garage apron, which 'traverses approximately 13;5 feet vertically, is sloped' at the 'maximum 10% gradient. Slopes are flatter at top and bottom of drive 'as s~ownon the sitellandscape plan. It is desired that the site when developed would ap~ natUral'and welllaridscaped. Boulder ,retaining walls will contribute to this appearance. 'The site grades, as proposed", blend in , naturally with neighboring properties.' Attached is aeiial site photo showing location ofbuildings on neighboring properties. ,Also attached is a letter from Gene Emst" Landscape Architect" outlining recommendations for stabilization of slopes, on the site~' I intend to let slopes ,greater , than 3:1 (on the north and east) to grow uncut and will follow his advireon installation. There is also here included a breakdown of site coverage components showing a proposed hardsurface of a' maximum 35 %. Submitted here also is a revised (from permit drawing) site plan with proposed landscaping shown.' Erosion control will be used where necessary. "Significant effort was expended by the owner/architect to plan the site with building to be attractive and respectful of natural amenities.' There were, in fact, 'several previous designs pursued before this proposal resulted. It is strongly felt that this residence will be an enhancement to the neighborhood and community. Since the owner is an architect, there is strong motivation for this to be so, the residence also being used for marketing purposes. Telephone (612) 935-,84431 Fax (612) 9: 4737 South Highway 10 1 / Box 120 / Minnetonka, Exhibit C APPLICANT'S REQUEST LETTER Dated 21 October 1996 . . MEMORANDUM Date: By: Reference: Subject: Site Area House Area Future Porch Entry Deck Entry walk/feature Rear patio/steps Drive/apron/retaining walls/east steps Total hard surface - Site coverage DIML... ~SION ARCffiTECTURl October 21,1996 Jonathan T. Miller, Owner and Architect Proposed residence at 21125 Minnetonka Boulevard, Shorewood, MN Site coverage summary/calculation ..17,360sf 1,680 sf (incl. bldg overhangs) 225 sf 120 sf .265 sf 225 sf 3,450 sf (crushed rock, future paving) 5,965 sf 34.4% (<35 %) Telephone (612) 935-8443/ Fax (612) 935-9788 4737 South Highway 101 / Box 120/ Minnetonka, Minnesota 55345 \ \ \ 'J %2 ..p \' .. .. ~J\JJ~/Z:~,~$E~C:.!Z6 -. :. ;.:. -. - 10/21/1996 12:40 6124486997 ...:~. ~. Ernst Associates 21 October 1996 Mr. John Miller I Architect FAX: 935-9788 . Ref: 21125 Minnetonka Blvd. I Shorewood. MN Erosion Control Measures f~r Slopes Dear Mr. Miller: You had asked if I would respond to some of your requests relating to stabilization of slopes In the range of 2:1 and 3:1 and could be difficult to maintain especially with riding mower equipment, You had indicated that the 2:1 slope would not be mowed. but probably would allow it to go to some type of controllable natural state. In our discussions I had suggested that you may consider sodding and staking the 2:1 slope so that YQI.I can estabfish immediate erosion control and provide a grass mix that can be mowed or allowed to go natural. Just because It is sod does not mean that you would have to mow that turf. The important thing when placing sod on a steep slope is that it receives sufficient watering to establish that sod and WOUld recommend that this be done at least for one good growing season. I would leave the stakes in place for at least a year to Insure that it stays on the slope until sufficiently rooted. . The disadvantage of placing the sod WOUld be that it would not allow you to mix In native flowers and other types of grass mixes to give if a more natural "prairie" effect. The normal procedure would be to make a selection on a grass seed such as MNDoT 50A or a 25A with Forbes mixes and hydroseed and mulch heavily to keep the newly seeded area from eroding. The disadvantage with hydroseeding is that the typical owner cannot do the work himself. but can place sod to reduce your initial cost. I have enclosed some literature on a hydroseeding process that appears to be quite effective on steep slopes. I think it also is important to insure that you have good topsoil in a approximate depths of 6-8" on the slope to establish good root growth whether it is sodded or hydroseeded. The other method of erosion control would be to seed the steep slope and then place an erosion control blanket on the slope which in time would decompose and deteriorate. We find that this can be just about as expensive as installing the sod as discussed above. Th~ ~Qva.ntagl3 to seeding and placing erosion material on top is that you can allow the seeding to germinate based on natural moisture compared to placing sod which will require continual watering to insure that it establishes prior to drying up, As per our discussion, I had recommended that if you are considering placing the sod that it be done in the spring or late LANOSCAPe'ARCHfTECTURE . LAND PLANNING. 122 W. SIXTH ST. . CHASKA, MN 55318 . PH. 612~8-4094 . FAX 612.1148.6997 . 10/2~/1996 12:40 . . 6124486997 ERNST ASSOCIATES PAGE 02 Ernst Associates Mr. John Miller 21 . October 1996 Page 2 summer. This would allow sufficient time to water and get the sod established before cold dry freezing weather sets In and possibly could dry out the sod before snow cover takes place. If you could be guaranteed that sod laid in the fall would receive sufficient moisture before freeze up and snow cover, then laying the sod in the fall could be an advantage so that it would be ready to reestablish in the spring whan normally there Is more moisture. I think it would be wise to have a contractor give you an estimate to compare your costs for the 2 different Installations. Obviously, if you just seed and mulch and don't place an erosion control blanket, It will normally be cheaper per square yard than sodding if you have a contractor do the work. I have also enclosed a rough spec outlining seeding and sodding operatIons and if there are any questions please do not hesitate to give me a call. Best regards, ERNST~IATES /~~,-:'~ g.~~ Gene F. Ernst GFE:cb Encls. I , I I I I I I ~ , i I -,"-- . :-. 1" . j I ,! I ;@Ini" ; ,. -: I i /. . i lif::dj' . I i I ," t:i. 1~'.1' _ _____ i -'1',,'._ I I 1- -- I I . 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I ! -' i 11 i :' :, _~ ..1. 1._' ..L-- ~'..I\~ C!:::;~::._': I < CG:;'.; C . ~"':-:. F;; C; ....:: L.-:"" ~ ~ ;E].' / r'o,. :.' /' !' f/ I ,Ij: "- ~;: I I ! ,. '1- I. J. '" -1..... - f r - I !:[]T4l'I,' " 1_ I LJ , _.___ __ .L . h._ _. ._ --1+---- --.- -_.,,------ 1 ; l.L CcJ.::, fCc:"i/-J~-: 1 . ! .h'_ _ __'_._ h.. ..' ~ - -- ; -- --- -- -- -- - --I -.---.-..-----,1 I SAS1" E\...e.VAT\ON *f\bre ~ %G 'It ffO"iI ~J0)f7br1 ~~- n.i\' ~:t~~f:... ~IA/"I\J\~~~'"7 Exhibit D PROPOSED HOUSE ELEVATIONS ~ X\t;.f..\O!'< ~l,~V,~TIO NC; @, Yb!\ : II_oJ\ .~ ... CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 · (612) 474-3236 MEMORANDUM TO: Mayor and City Council Jim Hurm, City Administrator Larry Brown, Director of Public Works ~ November 22, 1996 FROM: . DATE: RE: Grooming of the Light Rail Regional Trail Corridor by Southwest Trails Association On November 12, 1996, this item was presented for the City Council's consideration. A great deal of discussion was generated with regard to grooming of a trail within Freeman Park for cross country skiers and the ability for the City of Shorewood to perform the grooming on the light rail regional trail (LRT) versus the Southwest Trails Association. Based upon the input received, the agreement has been modified to delete grooming of Freeman Park for cross country skiers. No grooming of a trail within the park shall be performed. . Additional discussion centered around the ability for the City of Shorewood to perform the grooming on the LRT. It was suggested the Department of Public Works "back-drag" the trail with a pickup truck and plow to groom the trail. Southwest Trails Association has the proper equipment to groom the trail. The Department of Public Works does not. Although it is possible to back-drag the trail with a pickup and plow in reverse, this is not practical. Due to the width of the trail, the presence of pedestrians, skiers, and trees, the driver needs to have full attention dedicated to the plow side of the vehicle, and not to the rear of the vehicle as suggested. Since the Trail Association is willing to groom the trail at no cost to the City, and has the prooer equipment to maintain the trial, it is recommended that the agreement be approved. The proposed agreement has been modified to state that the City of Shorewood still has the ability to enter the trail corridor to take care of minor items. It is my belief that any preferences in the way the trail is to be groomed can be worked out with the association. If however minor items need immediate attention, the City has the ability to enter the trail and address these items. A Residential Community on Lake Minnetonka's South Shore :rilp . . To: Chief Rick Young From: Bob Bean, Mayor James C. Hurm, City Administrator Date: I November 21, 1996 Re: Snowmobile Rule Enforcement First we would like to thank you for your personal involvement in the Snowmobile Task Force deliberations. The information gained by both the Task Force members and yourself resulting from your attending the Task Force meetings is invaluable. We also appreciate the continued involvement of you and the Department in the enforcement efforts of our program. As you know it is important that the rules be rigorously enforced in Shorewood. It is important the Police Department fully understand that infractions of the Snowmobile rules cannot be tolerated. Our educational efforts include a mailing to snowmobile owners in the 55331 zip code and a city-wide newsletter mailing refers to "zero" tolerance. It is the police Departments job to implement this policy. There are other specific Task Force recommendations which are in various levels of implementation that need to be communicated to you. They are: . There will be no "side trail" along the LRT this year. . Although at this time Freeman park will not have "groomed" trails, there will be areas marked and parking designated with a portable toilet for non-snowmobile winter activity. The Department should be aware of this and patrol Freeman Park with this in mind. . The ordinance does not address public access. However, to promote safety at Timber Lane, the Public Works Department will direct snowmobiles to enter and exit the trail at one location. . The City has purchased and worked with you to equip a snowmobile for enforcement purposes. Appropriate clothing has been purchased. . Enforcement of the ordinance is the responsibility of the entire department. The Shorewood Officer's schedule will be flexible to cover peak snowmobiling times. Several officers will have the ability to operate the department snowmobile. Some snowmobile patrol time may have to be on an overtime basis. . All Department personnel need to be fully trained on Shorewood laws and "zero tolerance" expectations. Shorewood Officer Jeff Keller is working with you on this training program. Snowmobile Rule Enforcement November 21, 1996 Page 2 of 2 . Officer Keller will coordinate utilization of enforcement equipment such as radar and decibel meter and joint enforcement efforts with other agencies and the snow patrol. . The DNR will train one officer, and eventually two, to be trainers for a snowmobile safety training class at City Hall. . The Department will work with the City Engineer and Public Works Department on markings for property owners with trespass concerns. . The patroling officers should keep Public Works informed on any damage to signage. Suggestions for additional signage should go to the City Administrator. I . You are communicating with the Carver County Sheriff s office to coordinate enforcement of the ban on snowmobiles in Cathcart Park. Our Department will patrol the area an coordinate enforcement. . Officer Keller will work with you on a reporting format which will provide good, uniform information on all enforcement activity to assist with program evaluation. . The attached resolution clarifies where snowmobiles can be ridden on Shorewood lakes. . . . . CITY OF SHOREWOOD RESOLUTION NO. 96- 100 A RESOLUTION REGARDING SNOWMOBILING ON LAKES WITHIN THE CITY OF SHOREWOOD WHEREAS, Section 802.02, Subdivision 1 (b) of the City Code states that persons may operate a snowmobile within Shorewood on . . . ."public waters as permitted by resolution of the LMCD or Shorewood City Council, but not closer than one hundred and fifty feet (150') to the shoreline except when entering or exiting the public waters traveling in a line perpendicular to the shoreline"; and WHEREAS, the Planning Department has identified lakes within the City of Shorewood as listed in Section 1201.26, Subdivision 4 of the City Code which are at least three hundred feet (300') from shoreline to shoreline. NOW, THEREFORE, BE IT RESOL YED the City Council of the City of Shorewood hereby affmns that snowmobiling is allowed under the requirements of Section 802 of the City Code on the following lakes: Lake Minnetonka Lake William Christmas Lake Galpin Lake Virginia Lake Como Lake ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 12th day of November, 1996. , ,'" . r' . I" ,L. -- /-, ,',;' i r---;~!, L.'-^-' 1 ~ 1 -l--~:'~. ~''''-- Robert B. Bean, Mayor A~T: f i C/f'f' \ j! - ~ -LAA I\JW I '~_'vv\..'L.~ . \T vv v J arn.e,s C. Hurm, City Administrator V . . . AGREEMENT FOR THE GROOMING OF LRT TRAIL The following is an agreement between the Southwest Trails Association and the City of Shorewood, with regard to the grooming of the Light Rail Transit Trail and Freeman Park cross- country ski trail within City limits. The City of Shorewood · Acknowledges the Southwest Trails Association as the only groomer of trails within the Shorewood City limits other than Public Works upon notification. . Will publicize grooming patterns and days through the City Newsletter and Sun Sailor. . Will monitor the Southwest Trails Association grooming process. Southw~st Trails Association . Shall provide work on a volunteer basis for the City of Shorewood. All members of the Southwest Trails Association will serve the City of Shorewood without compensation. . Shall maintain liability insurance in the amount of at least $1,000,000 which will list the City of Shorewood as an additional insured. . Will, from December 1 to March 31, groom the Light Rail Transit Trail (LRT) within the city limits of Shorewood. . Will commit to grooming the trail flat at least once a week, and no more than two days following a snowfall provided there is a minimum of 4" to 6" base. . Will notify either the South Lake Minnetonka Safety Department or Shorewood City Hall as to any problems which may delay or stop the grooming of the LRT trail in the specified time listed above. . Shall indemnify and hold the City of Shorewood harmless against any and all claims arising out of this agreement. These understandings and rules may be amended from time to time by the City of Shorewood upon notice to Southwest Trail Association. Southwest Trail Association Date City of Shorewood Mayor Date City of Shorewood City Administrator Date . . . Checklist Proaram Recommendations . General Comments Safetv i Groom Freeman Park for X.C. 1 .1 Skiing Freeman Park will be marked but not groomed for skiing___ 1.2 Adding a side-trail There will not be a side trail this year Snowmobiles must slow to 10 MPH within 30 ft. of 1.3 Pedestrian traffic This has been placed into the ordinance 1.4 Police patrol of trail and park : See November 21 memo to Police Chief Additional warning signs for 1.5 the LRT Sian age has been added to the LRT Investigate the Incident 1.6 Reportina procedures Hennepin County emplovees said this was ineffective . Allow snowmobiles the ability to stop before entering Public Works will try and build up the snow to build a 1.7 Timber Lane platform - Funnel snowmobiles to one lane from the LRT to the lake Public Works will install signage and barriers to funnel 1.8 at Timber Lane snowmobiles into one lane. Enforcement I Commit Police Officer and one I I back up to the snowmobile i 2.1 I season See attached memo to Police Chief IOutfit our Police Officer with clothes, radar, and noise I See attached memo to Police Chief 2.2 I decibel meter 2.3 i Additional training for Police i See attached memo to Police Chief 2.4 I "Zero Tolerance" I See attached memo to Police Chief I Involving Public Works in I 2.5 i trespass calls I See attached memo to Police Chief ! i Officer Keller will be responsible for coordinating patrol 2.6 I Coordinate patrol agencies activities of all aaencies Education Plan An individual coordinating the ! The City Administrator and the Police Department will be 3.1 education program I responsible for education 3.2 Informational letter sent to all i They have been sent out to all 55331 registered reaistered snowmobile owners snowmobiles Section in the Winter 3.3 Newsletter An insert has been added Information put into the This has been relayed onto the Southwest Trails 3.4 i Southwest Trails Assoc. Maps Association I Ordinance printed in local 3.5 I newspaper Press releases will be sent out to local newspapers 3.6 . Put in flyers by SWT A Rules have been added to their maps -- No, but our Police officers will have a informational letter 3.7 Placed in weather proof boxes . with them Review ordinance with officer Our Police Department will be in direct contact with City 3.8 annually Staff After the Police Department is trained a class will be 3.9 Safety Training at City Hall offered at City Hall 3.10 Have the DNR train our officer Thev will be receivina trainina on December 3 Page 1 Checklist 3.11 Train SLMPSD to teach classes Dates and times are being set Right-of-way education will be the responsibility of the 3.12 . Right-of-way education . Public Works Director Residents rights regarding trespassing and other 3.13 snowmobile related issues This is explained in the newsletter SLMPSD will be trained in i Staff will meet with the Police Department to explain past 3.14 trespassing laws problem spots Sign Program Accountability for the sign . The Police Department, Snow Patrol, and Public Works will 4.1 . program all work together to monitor the program ! Speed Limit signs along the 4.2 iLRT · Sians have been added to the trail explaining Speed Limits ! Warning signs at both City 4.3 ! i entrances . Signs explaining the new policies are located at City limits i i There will be signage directing snowmobiles towards I 4.4 i Timber Lane Siqnaae 1 toward the lake 4.5 i Sianaae explainina mixed-use i "Share the Trail" signs has been added to the trail : Signage has been added along the LRT, and will be placed 4.6 No riding in Public Wetlands in areas that become problems 4.7 No riding in City Parks Signage has been added to all of the City Parks Different color speed limit 4.8 signs in the street i Not appropriate (SLMPSD) Ordinance i Change the hours for It has been changed from 11:00 P.M. to 10:00 P.M. 5.1 snowmobiles Sunday -Thursday 5.2 i 150 ft. buffer on lakes Has been added to the ordinance ! Designate the season Dec. 1- I 5.3 March 31 Has been added to the ordinance Snowmobiles use the street i Has been added to the ordinance 5.4 side of the plow ridge 'Snowmobiles should ride in the i I 5.5 direction of traffic Has been added to the ordinance Provide standard definition of i 5.6 street and LRT riqht-of-wav : Has been added to the ordinance Timber Lane as legal access i Timber Lane has not been put into the ordinance as a legal 5.7 point 'access point Prohibit riding the shoulder of 5.8 the LRT . Has been added to the ordinance Snowmobiles must stop before 5.9 entering the LRT Has been added to the ordinance Consider separate ordinance 5.10 for other winter uses This has not been added for this year Who has the right-of-way on the LRT, streets, i.e. who 5.11 should yield Has been added to the ordinance Identify where snowmobiles 5.12 are allowed Has been added to the ordinance Prohibit snowmobiles from 5.13 . parks Has been added to the ordinance Page 2 .. . . . . Checklist New ordinance for pedestrian 5.14 safety . This has not been added for this year Follow and Further Study A letter has been drafted and is being sent to the DNR on 6.1 this issue Ask Hennepin County to raise 6.2 fines A letter has been drafted and is beina sent Who is responsible for . The Police Chief will be working with Carver County, and 6.3 Cathcart Park 'snowmobiling is ille~both Shorewood and Chanhassen I . Police and City staff will work together to reduce the 6.4 Monitor. trespass violations number of incidents and track such incidents. Monitor the lake access points , to see which points are the 6.5 optimal entrances This will be passed alona to the Planning Commission additional access points to the west of Shorewood for the 6.6 lake Will send out letter to the DNR Planning Commission should i study access issues for boats 6.7 i and snowmobile i Refer to the Plannina Commission 6.8 i Review Timber Lane . Will be reviewed 6.9 Better signaae for City Parks Completed Evergreen buffers along the i This will not be done this vear 6.10 LRT i Officer Keller and the Water Patrol will work together to 6.11 . Noise meter for the City monitor the noise levels i Maintenance of snow at LRT 6.12 . intersections Public Works is aware of this issue ! Review the grooming of the 6.13 !LRT . This will be done throughout the vear Accountability and OversiClht The Council might wish to appoint a small committee to Oversight of the work with the Staff in overseeing implementations of the 7.1 recommendations recommendations, or do so itself Monthly reports of tickets i given, and all other violations Staff will work with the SLMPSD to summarize the data 7.2 reoorted which is collected Page 3 VlI'ginia KoIetad 648 Third Avenue Shorewood. Minnesota. 55331 Phone: 6124740882 F~: 8124010411 Fax To: Mayor Bob Bean From: Virginia Kolstad Task Force Co Chair Fmc 474 0128 hges: 1 P....... 474 3236 Date: November 20. 1996 . R.: Snowmobile Recommendations cC: City Council o Urgent x For RevIew [J ....... COm....nt 0 Pi.... Reply o P"'_ Recyw:I. . . Comnaenta: I was surpnsed to hear that the Council had made decisions regarding the Snowmobile Task Forre recommendations on issues which I had understood to be resolved. In particular, I am speaking of the decision not to groom a cross country ski trail in Freeman Park. The task force recommendations were designed to address all sides of the issue. Although not perfect, they were comprehensive and tiled to consider all interests involved. To eliminate them piece by piece increases the risk of the whole program not 'NOrking. The program was designed to educate. enforce and create safe alternatives for the residents who enjoyed other winter activities. I am pleased that the enforcement efforts have been supported so stmngly. Hopefully, the SLMPD will be effective in encouraging compliance with Shorewood's ordinances. I think the support that the council showed forthese recommendations was excellent. However, the recommendations also tried to create alternatives for other Shorewood residents who don't snowmobile to provide them with a safe place to also enjoy the environment. These Included the side trail and the trail in Freeman Park. By not approving these trails, the council has: 1. Taken no action to reduce the safety hazard created by the mixed use on the trail with the exception of some additional signs. 2. Provided funds to promote the continued enjoyment of snowmobiling without offering viable alternatives for other residents to also enjoy the area. 3. Created a situation which can only guamntee the failure of the program. The creation of alternatives for the non snowmobilers was designed to establish a program where all residents could enjoy the area: snowmobilers and non snowmobilers. Wrthout these alternatives, ZO"d d6Z:170 96-0Z-^ON November 20, 1996 even as imperfect as they are. the continued mixed use of the trail creates a safety hazard which should not be acceptable to the city. Those members of council who oppose snowmobiling for safety reasons have by their very decisions continued to support and encourage an unsafe situation. The task force spent many months wrestling with these issues. The rationale behind the recommendations was well thought out. Shorewood's City Council needed to make clear their position on the issue: either work to support a program that would make snowmobiling viable in the future or in the alternative. ban the snowmobiles. The half way approach that has been taken can only result in a very unsatisfadory solution tor the future and guarantee the failure of the program. That is sad and wasteful. I realize that your time to make further decisions on this is limited. I am always available to answer questions and assist in any way. . . . Page 2 EO"d d6Z:vO 96-0Z-^ON . .. SECTION: 308.01 : 308.02: 308.03: 308.04: 308.05: . 308.06: 308.07: 308.08: 308.09: 308.10: 308.11: 308.12: 308.13: 308.14: CHAPTER 308 TRANSIENT MERCHANTS, SOLICITORS, PEDDLERS, CANVASSERS AND GARAGE SALES Scope Definitions License Required Exclusions No Fee for Canvassing - Religious, Political, Educational and Charitable Organizations License Application Issuance of Licensure License Fee and Licensure Revocation Appeal License Limitations Peddlers, Canvassers and Solicitors may be Prohibited by Placard Regulations - Transient Merchants Violations and Penalties 308.01: SCOPE AND PURPOSE: It is the purpose of this Chapter to protect the public health, safety and welfare of the citizens of the City by controlling door-to-door sales, and solicitations, transient merchandising and garage sales through the establishment of regulations and licensing requirements. (Ord. 265, 1-25-93) . 308.02: DEFINITIONS: Unless the context clearly indicates otherwise, the words, terms and phrases as used in this Chapter shall have the meanings set forth in the following subdivisions: Subd. 1. CANV ASSER: Any person convassing for funds door-to-door in this City on behalf of a charitable, religious or nonprofit organization as defined in IRS Code section 501(c)(3). Subd.2. GARAGE SALES: Any isolated or occasional display and sale of used personal property or home-crafted items conducted on residential premises by the occupant or on the premises of a church. Garage sales shall include rummage sales, basement sales, yard sales, porch sales, craft sales and all other periodic sales at a residential location or church. #7 ""'lllIIII .. .. Subd.3. PEDDLER: Any person dealing in this City who travels around from place to place, or street to street carrying or transporting goods, or solicitation for all manner of wares, services and merchandise, offering the same for sale or making sales and delivering articles to purchasers. Subd. 4. -SOLICITOR: Any person who goes from place to place and/or house to house soliciting or taking or attempting to take orders for the purchase of any foods, wares or merchandise, including magazines, books, periodicals or personal property of any nature whatsoever for delivery in the future, or orders for the performance of a s~rvice in or about the home or place of business, such as furnace cleaning, roof repair or blacktopping. j Subd.5. TRANSIENT MERCHANT: Any person, individual, partnership or corporation, whether principal, employee or agent, who engages in, does or transacts any temporary or transient business in this City, either in one locality or traveling from place . to place, in this City, selling goods, wares and merchandise; and who, for the purposes of carrying on such business, hires, leases, occupies or uses a building, structure, vehicle, property or other place for the exhibition and sale of such goods, wares and merchandise. (Ord.265,1-25-93) 308.03: LICENSE REQUIRED: It shall be unlawful for any person to engage in the activities of peddling, soliciting, canvassing or transient selling without first having obtained a license in compliance with the provisions of this Chapter. A separate license shall be secured for each individual person engaged as a peddler, solicitor, canvasser or transient merchant. Where provisions of this Chapter are more or less restrictive than comparable provisions within any other portion of this Code, rules or regulations of the City, the more restrictive provision, . rule or regulation shall prevail. The City Administrator shall determine which is more "restrictive" and appeals from such determination may be made in the manner provided herein. (Ord. 265, 1-25-93) 308.04: EXCLUSIONS: The City /...dministrator may determine that Ceertain businesses actiyities that have characteristics similar to those regulated by this Chapter may be exempt from the requirements of this Chapter. Specifi'c exclusions include: Subd. 1. Business by Appointment: A solicitor or canvasser doing business by appointment. A bona fide appointment is one made in advance, not one that is not merely obtained by going door-to-door in conjunction with the taking of orders, offering for sale or selling. Subd. 2. Newspapers: Solicitation of orders for future door to door delivery of ne''vspapers. 2.+. Subd. 3. Sales Benefitin: Children: School children sellin" items to raise funds on ~ 0 behalf of nonprofit organizations '1;hich benefit children. including but not limited to schools. scouts and organized youth groups. Subd. 2.4. Sales to Stores and/or Professionals: Salespersons selling goods to retail or wholesale stores or to professional or industrial establishments. Subd. 5. Fam1 Gardens: ,'\n)' person selling or peddling the products of the farm or garden occupied and culti':ated by such person. Subd. 6. Certain Community Events: lJl persons or vendors involved in a community events the City Council deems exempt. " . Subd. 7. Bona Fide Political Parties: "'\n1' person canvassing or soliciting funds on behalf of a bona tide political party. Subd.3.&. Garage, Rummage and Craft Sales: garage sales, rummage sales and craft sales, provided that: a. None of the items offered for sale shall have been obtained for resale or received on consignment for sale. b. Any sale shall be conducted solely within the boundaries of the property owned or occupied by the occupant who is conducting the sale. c. There shall be no more than four (4) garage sales conducted at anyone residence during any period of twelve (12) calendar months. d. No garage or rummage sale shall be conducted during any part of more than three (3) consecutive days. . e. No garage sale may be conducted before eight o'clock (8:00) A.M. or after ten o'clock (10:00) P.M. f. Signage is limited to one nonilluminated temporary sign, not exceeding six (6) square feet in area, advertising the garage sale. for which a sign permit is not required. The sign may be displayed for the duration of the sale only. (Ord.265, 1-25-93) 308.05: NO FEE FOR CANVASSING RELIGIOUS, POLITICAL, EDUCATIONAL AND CHARITABLE ORGANIZATIONS: The fee imposed by this Chapter does not apply to any organization, society, association or corporation if such organization is registered with the Secretary of State pursuant to the provisions of Minnesota Statutes, section 309.515 if such organization intends to solicit or have solicited in its name money, donations of money or property or tinancial assistance of any kind, or intends to sell or distribute any item of literature or merchandise for which a fee is charged or solicited from persons other than members of such organizations upon the streets, in office or business 3.+. """"lIIIIII ,"" buildings, by house to house canvass or in public places. To qualify for this exemption, the organization or individual shall provide a sworn application in writing on a form furnished by the City which shall include the following information: Subd. 1. Names and addresses of the officers and/or directors of the organization. Subd.2. Name and purpose of the cause for which the license is sought. Subd. 3. The period during which the solicitation is to be conducted. Subd.4. A complete list of those to do canvassing from outside the South Lake Minnetonka Public Safety Department area giving full name, address and date of birth for t~view and permit approval by the Police Department. (Ord. 265, 1-25-93) 308.06: LICENSE APPLICATION: The application for the license provided in this Section should be made to the City Administrator by filing the annual license fee and by . completing an application form or forms as provided by said City Administrator. The application shall include, in addition to such information as the City Administrator may require: Subd. 1. Name of the applicant and all persons associated in business in the City. Subd. 2. Permanent home address and full local address of the applicant, and permanent and local telephone numbers of applicant. Subd. 3. A brief written description of the nature of the business, goods to be sold and the applicant's method of operation. Subd. 4. If employed, the name and address of the employer, together with credentials establishing the exact relationship. Subd.5. The length of time which the applicant intends to do business in the City, with . the approximate dates. Subd. 6. The location where the goods or property proposed to be sold, or orders taken for the sale thereof, are manufactured or produced, where such goods or products are located at the time said application is filed land the proposed method of delivery. Subd.7. A photograph of the applicant, taken within sixty (60) days immediately prior to the date of filing of the application, which picture shall be two inches by two inches (2" x 2") showing the head and shoulders of the applicant in a clear and distinguishable manner. Subd. 8. A statement as to whether or not the applicant has been convicted of any crime, misdemeanor or violation of any Municipal ordinance, the nature, place and date of the offense and the punishment or penalty assessed therefore. :F7. Subd. 9. If a vehicle is to be used, a description of the same together with license number or other means of identification. Subd. 10. A statement of the nature, character and quality of the goods. wares or merchandise to be sold or offered for sale by the applicant, the invoice value and quality of such goods, wares and merchandise, whether the same are proposed to e sold from stock in possession or by sample, at auction, by direct sale or by taking orders for future delivery. . Subd. 11. Transient merchants shall include the addresses of all places where the business is to be located along with written consents of the owners or occupants. (Ord. 265, 1-25-93) ~ 308.07: ISSUANCE OF LICENSE: There may be a seven (7) day waitmg period between the application and issuance of the license during which period the City Administrator and Police Chief or designated employee shall make such investigation of the applicant's business moral character as he shall deem necessary for the protection of the public good. The license may be issued by the City Administrator when the foregoing investigation is completed or within seven (7) days of application whichever is earlier. The issuance of the license shall be denied if the applicant has been convicted of a felony, a misdemeanor involving moral turpitude or a violation of chapter 329, Minnesota Statutes, or of this Chapter. (Ord. 265, 1-25-93) 308.08: LICENSE FEE AND LICENSURE: . Subd. 1. Annual Fee: The annual license fee for engaging in a transient business, peddling or soliciting shall be established by ordinance by the City Council, from time to time, and shall be payable at the time of application for a license. A license, unless revoked, is for the calendar year or part thereof for which it has been issued. License fees may not be prorated. Upon denial of any application for a license, the City shall refund fifty percent (50%) of the annual fee paid. (Ord. 265, 1-25-93) 308.09: REVOCATION: Permits and licenses issued under the provisions of this Chapter may be revoked by the City Administrator for any of the following causes: Subd. 1. fraud, misrepresentation or false statement contained in the application for license. Subd. 2. Fraud, misrepresentation or false statement made in the course of carrying on his business. Subd.3. Any violation of this Chapter. Subd. 4. Conviction of any felony or of a misdemeanor involving moral turpitude. 2+. Subd.5. Conducting the business licensed in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health. safety or general welfare of the public. Any such license may be revoked without notice if in the opinion of the City Administrator or the Police Chief the good order of the City requires such action. (Ord. 265, 1-25-93) 308.10: APPEAL: Any person aggrieved by the action of the City or any person whose license has been revoked without notice, may appeal to the City Council by filing, within fourteen (14) days after notice of the action complained of, a written statement setting forth fully the grounds for appeal. The Council shall set a time and place for a hearing on such appeal, and notice of such hearing shall be given to the person appealing by mailing to the address set forth on the application written notice at least seven (7) days prior to such hearing. (Ord.265, 1-25- 93) 308.11 : LICENSE LIMITATIONS: . Subd. 1. All license holders are required to exhibit their licenses at the request of any citizen. Subd.2. No license issued under the provisions of this Chapter shall be used at any time by any person other than the one to whom it is issued. Subd.3. No license holder, nor any person in their behalf, shall shout, blow a horn, ring a bell or use any sound devices, upon any of the streets, alleys, parks or other public places of the City or upon any private premises in the City. Subd.4. It shall be the duty of any police officer of the City to require any person seen peddling or engaging in like activities, and whom is not known to such officer to be duly licensed, to produce his license and to enforce the provisions of this Chapter against any . person when in violation of the same. Subd.5. Failure of any person to comply with any of the ordinances of the City or the laws of the State shall be grounds for suspending or revoking a license granted under this Chapter. Subd. 6. Door-to-door activities allowed under the provisions of this Chapter shall be restricted to hours between nine o'clock (9:00) A.M. and sunset. (Ord. 265,1-25-93) 308.12: PEDDLERS, CANVASSERS AND SOLICITORS MAY BE PROHIBITED BY PLACARD: Subd. 1. Any resident of the City who wishes to exclude peddlers or solicitors from premises occupied by said resident may place upon or near the usual entrance to such premises a printed placard or sign bearing the following notice: "Peddlers, Canvassers and Solicitors Prohibited." Such placard shall be at least three and one-half inches long (j). and three and one-half inches wide (3 112" x 3 112") and the printing thereon shall not be smaller than one-half inch (1/2") in height. No peddler, canvasser or solicitor shall enter in or upon any premises, or attempt to enter in or upon any premises, where such a placard or sign is placed and maintained. Subd. 2. No person other than the person occupying such premises shall remove, injure or deface such placard or sign. Subd. 3. Violation of this Section shall result in the revocation of a duly issued license. (Ord. 265, 1-25-93) 308.13: REGULATIONS -- TRANSIENT MERCHANTS: . Subd. 1. Public Property. It shall be unlawful to sell or offer for sale any goods, wares or merchandise on any public land or public right-of-way within the City except as provided for in Section 902.02 of this Code. Subd.2. Private Property. No transient merchant shall sell or offer for sale any goods, wares or merchandise within the Commercial Zoning Districts within the City from a stationary location on private property without first obtaining a conditional use permit pursuant to the provisions of Shorewood's Zoning Code.l It shall be unlawful to sell or offer for sale any goods, wares or merchandise from a stationary location in any noncommercial zoning district. (Ord. 265, 1-25-93) . 308.14: VIOLATIONS AND PENALTIES: Any person, either as a principal or agent, who shall in any manner engage in, transact any business as a canvasser, solicitor, transient merchant or peddler without having first obtained a license, or who shall conduct any sale, or who shall sell or offer for sale any goods, wares or merchandise in violation of this Chapter shall be guilty of a misdemeanor, punishable by a fine or not more than Seven Hundred Dollars ($700.00) or by imprisonment for a period not to exceed ninety (90) days, or both. COrd. 265, 1- 25-93) 02539()().01 02539QO.0 1 See Chapter 1201 of this Code. ,..,.., .LT. .. t: ~ SECTION: CITY OF SHOREWOOD ORDINANCE NO. CHAPTER 201 PLANNING COMMISSION 201.01: Establishment 201.02: Composition 201.03: Members Of Commission 201.04: Organization 201.05: Jurisdiction and Duties . 201.01: ESTABLISHMENT: The Shorewood Planning Commission has been established pursuant to the powers and duties given such agencies generally by Minnesota Statutes Sections 462.351 through 462.364. 201.02: COMPOSITION: The Planning Commission shall consist of seven members appointed by the City Council. It shall be the policy of the City to endeavor to appoint one of the Commission members who is a resident of either Enchanted or Shady Island. 201.03: MEMBERS OF COMMISSION: Subd. 1. . Subd. 2. Subd. 3. Term of Appointment: The City Council shall by resolution appoint the Planning Commissioners to serve three (3) year terms. The terms shall be staggered as provided for in the City Council Resolution 96-_. Terms of appointments commence on January 1 and terminate on December 31, or until vacancy is filled. Removals: The City Council shall have the power to remove any member of the Planning. Commission for cause as defined in the Shorewood Personnel Policy, and after a public hearing with two weeks published notice, by a two- thirds vote of the entire City Council. Vacancies: Vacancies in the Planning Commission shall be filled for the unexpired term of the member whose place has become vacant in the manner herein provided for the appointment of members. 201.04: ORGANIZA TION: Subd. 1. Subd. 2. Subd. 3. Officers: the City Council shall appoint a chairperson and vice-chairperson from among the members of the Planning Commission. (Ord. 77, 9-24-73; and. 1987 Code) Term: The term of the chairperson and vice-chairperson shall be for one year. The chairperson shall either be reappointed or replaced by the City Council at the first regular City Council meeting of each calendar year. Meetings and Hearings: All meetings of the Planning Commission shall be held at a regularly scheduled date or at the call of the chair or at the request of a majority of the members of the Commission, in accordance with Minnesota Open Meeting Laws. #"B 201.04 Subd. 4. Subd. 5. Subd. 6. 201.05: Subd. 1. Subd. 2. Subd. 3. Subd. 4. Subd. 5. 201.05: .. .~ of a maJonty of the members of the Commission, 10 accordance with Minnesota Open Meeting Laws. 201.05 Minutes and Records: The Planning Commission shall keep minutes of its proceedings showing the vote of each member upon every question, or if absent or failing to vote indicating such fact, and shall also keep records of its hearings and other official actions. Every requirement, decision or determination of the Planning Commission shall be filed with the City Council and shall be a public record. Rules and Procedure: The Planning Commission shall conduct its meetings consistent with Robert's Rules of Order and other procedures consistent with the statutes of the State of Minnesota or with this Chapter. Quorum: No business hall be conducted by the Planning Commission without a quorum, consisting of the majority of all members. The concurring vote of the majority of all members present shall be necessary to any action by the Planning Commission. JURISDICTION AND DUTIES: The Planning Commission shall have the following jurisdiction and duties: . To prepare and recommend to the City Council a Comprehensive Plan for development of the City. The Plan shall include reasonable requirements for streets, public grounds, and other public facilities and for the use of land within the corporate limits. To recommend to the City Council changes to the Comprehensive Plan. To act in an advisory capacity to the City Council in all matters wherein powers are assigned to the City Council by state law or City Charter concerning comprehensive planning, zoning, platting, environmental regulations, and other matters of general planning nature. To initiate, direct and review the provisions of the Zoning Ordinance and the subdivision regulations and to report to the City Council its recommendation. To hear, review and offer recommendations to the City Council on applications for amendments to the Zoning Ordinance, variance, conditional uses and planned developments. . AMENDMENTS: This Chapter shall be amended only upon approval of a two- thirds vote of the entire City Council. This Ordinance shall be in full force and effect from and after its passage and publication. ADOPTED by the City Council of the City of Shorewood this 25th day of November, 1996. ATTEST: Robert B. Bean, Mayor James C. Hurm, City Administrator .... . . CITY OF SHOREWOOD RESOLUTION NO. 96- A RESOLUTION ESTABLISHING MEMBERSHIP ON THE PLANNING COMMISSION I WHEREAS, Ordinance No. _ sets composition, membership, organization, jurisdiction and duties of the Planning Commission; and WHEREAS, said ordinance bases composition and membership on the terms in effect December 1, 1996. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood hereby affirms the current membership of the Planning Commission as follows: Term Expires 12/31/97 12/31/97 12/31/96 12/31/98 12/31/97 12/31/96 12/31/98 Member Deborah Panas-Borkon Jim D. Pisula, Jr. Kirk Rosenberger Jeff Foust Laura Turgeon Christine Lizee Virginia Kolstad ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 25th day of November, 1996. Robert B. Bean, Mayor A TrEST: James C. Hurm, City Administrator , . . CKNO 19647 19648 19649 19650 19651 19652 19653 19654 19655 19656 19657 19658 19659 19660 19661 19662 19663 19664 19665 19666 19667 19668 19669 19670 19671 19672 19673 19674 19675 19676 19677 19678 19679 19680 19681 19682 19683 19684 19685 19686 19687 . CHECK APPROVAL LISTING FOR NOVEMBER 25, 1996 COUNCIL MEETING CHECKS ISSUED SINCE NOVEMBER 8, 1996 TO WHOM ISSUED PURFa3E PETTY CASH PETTY CASH REIMB FIRST STATE BANK FED/FICA TAX PERA PERA. ICMA RETIREMENTTRUST-457 DEFERREDCOMP CITY COUNTY CREDIT UNION PAYROLL DEDUCTIONS ANOKA CO SUPPORT/COLLECT CHILD SUPPORT -C. SCHMID AFSCME COUNCIL 14 UNION DUES MN DEPT OF REVENUE OCTOBER SALES & USE TAX MN DEPT OF REVENUE STATE TAX CONNIE BASTYR MILEAGE BROWNING FERRIS IND. WASTE REMOVAL KATHLEEN HEBERT SEC 125 REIMB MINNCOMM PAGING PAGER THERESA NAAB MILEAGE NORTHERN STATES POWER UTILITIES JOSEPH PAZANDAK MILEAGE CITY OF TONKA BAY CIGARETTE LICENSE US WEST COMMUNICATIONS MINNETONKA SEA NOTES ENTERTAINMENT-APPA. PARTY DAY DISTRIBUTING BEER/MISC EAST SIDE BEVERAGE CO BEER/MISC LEEF BROS MATS LEHMANN FARMS MISC MARK VII BEER/MISC MARLIN'S TRUCKING FRBGHr NORTH STAR ICE MISC QUALITY WINE & SPIRITS L1QUOR/WINE THORPE DISTRIBUTING CO BEER/MISC THE VICTORIA GAZETTE ADVERTISING BREWSTERS SEA & SKI SNOWMOBILE US POSTMASTER SNOWMOBILE MAILING JEFFREY BUNDA Y/JUDGE OLESKY TRANSCRIPT-A. JOHNSON TESTIMONY PETTY CASH APPRECIATION GIFTS A T& T LONG DISTANCE SUZANNE GRAHN MILEAGE JASON HENDRICKSON MILEAGE METRO COUNCIL ENVIRONMENT OCTOBER SAC AT&T WIRELESS SERVICES AIRTIME MINNESOTA STATE TREASURER 3RD QTR SURCHARGES PEPSI COLA COMPANY RENT/POP PURCHASElMISC TOTAL REGISTER SYSTEMS SUPPLIES Page 1 AMOUNT $120.51 7,591.33 2,226.00 796.30 842.00 139.44 119.10 12,421.00 1,260.05 19.50 33.66 187.50 4.26 12.90 3,887.10 105.39 50.00 151.97 100.00 6,588.59 8,134.25 25.17 22.40 8,596.35 350.40 198.12 2,512.09 12,801.30 41.25 5,632.00 93.00 346.50 250.00 5.48 108.21 28.50 4,158.00 11.21 2,258.20 111 .78 19.99 . .. . . CKNO 19688 19689 19690 19691 19692 19693 19694 19695 19696 19697 19698 19699 19700 19701 19702 CHECK APPROVAL LISTING FOR NOVEMBER 25, 1996 COUNCIL MEETING CHECKS ISSUED SINCE NOVEMBER 8, 1996 TO WHOM ISSUED EXCELO BAKERY AIR REFRIGERATION BELLBOY CORP. BELLBOY BAR SUPPLY MIDWEST COCA-COLA EAST SIDE BEVERAGE COMPANY GTE DIRECTORIES GRIGGS, COOPER & COMPANY JOHNSON BROS LIQUOR CO LAKE REGION VENDING PAUSTIS WINE COMPANY PHILLIPS WINE & SPIRITS QUALITY WINE & SPIRITS THORPE DISTRIBUTING CO THE WINE COMPANY PURF03E CAKE-APPRECIATION PARTY COOLER MAINTENANCE UQUOR MISC/SUPPLlES + TAX MISC BEER/MISC ADVERTISING L1QUOR/WINE L1QUOR/WINE/BEER MISC WINE L1QUOR/WINE L1QUOR/WINE BEER/MISC WINE TOTAL CHECKS ISSUED Page 2 AMOUNT $45.49 162.00 3,146.07 276.32 462.20 4,000.25 84.10 10,840.51 7,951.51 1,148.79 145.00 3,572.95 437.62 6,435.30 202.70 ,.,), [ \, CHECK" VENOOR NAME 19-703 Af~~j~l/~3 & C~~ :rNC;M 19704 CHECKPOINT SECURITY ~y~ 19705 AMERICAN ENGINEERING : ; ~ T',~: , [J I::, C';:,: I ;::'i !. '__,If',: [il::T'i RE~lA:[f~ ~'IEA-l'~:RS 8A(~~f~~R 8 WA-l-ER [)E~ ANNuAL MONITORING WA"'f-ER 'TOWE~R""i::J(~:[i~f' 1-[3-) ~~:; CJ L I f".j, }<. -". "r E:: ~3 r E:~ l.J F~~ J:::.l{ l:~{ T ;::: ~3 "r :~;~* "T01"Al__ j::~(:)~~AMERI(:AN (~~i~0~It~~~f~~R:[N(~~ 19706 EA~L ~_ ANDERSEN. INC. S I Cl ('"r:;; s: T C~ i"',~ ~:) 19"707 ~sAS'l'Y~~~ (~()NN.I(~: *** T01AL FOR EARL ~_ ANDERSEN. IN .:,1/ ();:; i;U~:, I ri I::: :,,:; ~:; I ~"l :3 j~:. r? \/ 1 .1.~)'7()~) C~AR(~~:rL.l.. SAL_"l" i:)Iv:rS:I(:)N NE~W3L.[~'f'-1'C~R l:)CS:[i~~N ,.:J F~< ". L:: ('I F:J L~ :.J ',( ('j t.:::: j-"1"f :.".:; c: r,~: I::.~:, c: (.~ :3:':1(, I _l.~)'7.1.1. (~l..(~ss:rr:~:r~~:{:)S 19'/J.() C~"iAN}"IA38E~:i~ l_A~~N At~l) 3~~OR'1 (:;}"!AIN SAW rlAR1'S .19712 }'~AROLi) l~) R(~;K 1.':)1.13 E31 (~CJi1i~il.Ji~~:[CA-l':I(:)NS~ :r0~1~~ .19'7_1~ ERICKS()N~ ROLr:: t:MA L. r:: {) ti tJ \,/ ;~:: r.? T I ~:) iVf C~ j....iT f'A~:JE r}}.~ ()N WA--r'E}~ ~:JR()J t) I ::~~, (:J L. {>t'y ;::; }~{() t.) F:: (1~::; ~~; E~ ~~~ ~:;; C) h: F:: ~::: l~~ :~~~+ f-(J"r(~l ~:::()R CRICKS(:)N~ t~Ol..I::' t: A~ ::-:.; ~::) () h~ ~-3 {J j:) I:) L I I::: :3 .'i7'{"'''' :::- .. "~.' E >< C: !::: L. :~:~; I () ;-".~: h:CJ'ftih"y C:LljU ..)n:!J (,~ Th' DUE;::; Q iT,' DUE~3 :~;~;lt rCl'i"Ai_. f::C)R E:~XCj~~:l,.s:r(:JR r~(Jr?~I~Y (:LlJ ~5 h~ IJ 1')11,6 FEE.:i)"'Fi:J: -r'E C:()f'-.J.Th'OL3" Ir',je" C()f'-.,i'f(jIr"jEF;: h:E,r-,,!T(iL, 19/17 FRONTIER ELECTRIC C J f'{ (:1 r::\i-:,' .1 :.~ '~;;.5 ,:) " TFi:(>:F' COf'-J r:; (i r.;: }<. ~:~: 8, ,1. ()t."ll . ~S;5 C:: () tJ (.~ c:~ T I.., ~3 (.j, (1 i/.) s~ ;::) C_.i ;~3 V,) h. .3 Ct L~ ;.".~ c; () ~/ .'r C:UU(!,C I L, f./j 1..J i-",j, ;3 1._ [) C~ Fjh~()F S;EF~~ () !.:~: () ;.:: :..~~; L h' <) ) {1 IJ ('j :-i~ r...~ (~ L) r-/j 1.. I'j l;.)(jl'Ch' I)L R~~~i::J(~:[R L..'f" F:rXl'l.JRf~-".(:~A.l'J'~CA ~}(~RK3 & 19718 GOPHER STATE ONE-CALL. IN ONE CALL SERVICE () (.J, E:~ c: () t_ L. ~:~; I::: F( ~/ I C: E L9719 INTNL SECuRITY PROOUCTS *** 'TO.TAL. FOf~ GOf:)~':ER Sl'A"fE ONE-"CAL 19.72() l{:~RK.rt~, ~.~or:F:i1AN~ DAl_Y~~ 2 ROLLS FENCE-BADGER :,:;.L,-' i J.~~'12.1, l._EA(;ljf~ (j~: Mt~i :~~:(~k f' I~~l_ f::(JR l..Al~Y ~) ~"!l:jf::i:::M(~~~~ ()(~L j l, t.~:: ~:> ("..! ~~:; (:: (:J 'T L. i:~ ~.;~ {:; L~ ~.~~ L~ ;,..' i L.. E:~ C~ (~j 1.... "., ,..... ....- .:,) i,)n: (;i !""j i..... . Page 3 i;.!(\TEh: Uc :3 Ell') E: F~ {) k~: :.:J r'~~ l) I'" '::; i.~::. h: :-::; '~i 'l.i::::: ~::~; ,. <-~.:? j'"/! (.J (..! t::\ t., [) Ci ':{,.i. '; Hf"I()l..ii,: :2 (;. ,) ,.. :,5") .:2: <~i- () ,. () () (~l.1.:2 " ;~::j () ;:_:~ ,5:2 ,~ '~) () (; (:,) ~S ,~ .~:j () l ;:::; ,. ~~:;I~? h. .. ". ...., 'j (., ;~:5 .~ 1.1 l:Z'(),. 1..)1,.) ')"2 ,., ()(:; ,12,.1,1 ,';, ,.L <;, i..' >l:) ,~ ()t) .L .1 ()-. () () .,~. .... ". OOh. _._~,. ..., .2., ~ ;:::; .~) ':":1 ,~ ..:~:' <~) I:::' .~::~ " '.:( (.~ .~ ?') ,<~. !,.) ., I.J I,) ,) (~ t) () 12;(." ()() 5() " I.)() .1.:'::1 t) ,~ () () ~2 ~Z ,. l.:'::1 22.. IE) (:~. ,5 ,.5 () 1 (1.1 ,~ ;~::: :~:~ ::5:2!.::.; :2.:::1 ~) (;, I:) () ~S > :5'~) J. ,~ ..L '/ C~}'~ECKN VEN[)OR NAME (<,! (..! \1.< ,~~. :.) ~,t.') '/ (;, !,:~:: Ci t, j (.1 t:::. () ~::: :~::' C: r~~ T Fj "j' I C~ ("".J F=IRS'[ AID PC 'l'OCK *** l'O"fAl_ FOR l_:rFE AND 3AF::E~'1'Y 19723 M C 1 TELECOMMUNICATIONS LONG DISTANCE 19724 MAHONEY, JAMES 19725 MANN MADE PRODUCTS 19726 MEDTOX LABORATORIES 19727 METRO SALES. INC. 19728 METRO COUNCIL ENVIRONMENT ..9729 (/iIDi/.!L:<:;;T ASP:'i;1!...! C:OF<'P. i)E~F~i'r '. ;::; ~~{ F~: }<. :3 c< jviUr--1 EI...DG FALL WEED SI::)RAYING....~:)ARKS rlARKS & i-'LAi 3'TEEL."-GAD(iE~R }'~OCKEY --........-..---..-...... ("'i(': I (...jT AGF<:EE("iE(!T PRE-EMPLOYMENT DRUG TESl -------- ("j U (...J, E 1... D G I) E~ C: E. ('j E::; f~ F~ ~; E:. :;~~ \/ I C: ;,::~ .' .. ' 'n~ ;~:~; ::,~~, I,' }"; ('J L. i L973() M:rNt~ES()'l'A C)N'-'L,ri~C: .~( :;~(.*- T (J'r ~~~{ L. f:~ C) (:',: 1''', I C:,i 1j') [ :3 T r1 :':~~ ;-:~ ~,,; ;.~~ L. --;" ('1:3(:J:",({L'T .-1../ I .,') .1. j""'j (J (J {) \( ~t :~:) ',,"', ",,'.' , '.:) c: ;'~, Jl .L f".., I::: I ;"-'~ \/ E :,:) "i~ c:: (~;, :.,::; WEE~ ~3E~R~i[~R ~~[;~ (J.2;! H.., ,_, ...., (_~ ;_~_ , ", <,..... ': J'., ;', ; ."'. ;.-, {'(: l,j j" f:~~ '.:) .,:)j. J,,) l",~ :".: I~_ .., '. ", ,-.-- :,~';./ ::,~. 'H' C,'i i."; ;!(H:) l~) l~-'.: () F~ F.:~:3:3 I () f--<; (:',; 1..., :'.3 -... (~iJ :.:3 CI j,....! [) ".. ..~. ........ .... m' ....... :3;::: ViCr:< DE ~~) 'r r.~:~ .C~ E: ''I'' ~:) l~) ({ F? h. :~~: 0'. r< i'" C~ E~ (-.! Ci Ci \;' "f' j~::' F~. 1..: ~::~;:::: :,::, :::~:, I :3 \/ ~:) .... Ci Ci c l~,;. () f) ." ...."'" m' .... .... ..~. .... :~*~~ 'f(J'TAi~. ~::OR MOODY'~3 ,I~~V[~3'1-C)RS ~~~ F) r? C);:::. E:: ~3 ~'3 I () r",,! (11_. ~3 \/:3.". Ci (i ;'~~! Ci (..! [) .~.' ........ .... .... .-.. "... .... 19732 MUNITECH. INC. DEC~EM8[R MAIN"rENANCE [)({,./ *** 'TO'TAl.. FOR MUN:r'TECf'~~ .INt: DE~CE;18C~R ~iA:IN"r'CN(~N(:~;= .9/:::':'.::::' i'J,(1TICii..J,i:~lL (iFC;OF<: Fi--iDTt..J, 19734 NAVARRE l'RUE VALUE . r F~: ,~~ C C:: I 'r ',,(i tJ :~~:' i~~1 CJ()[::3 E: Cl L~ -r ~3 bUL..E):3 ~3 roo; () \/ i: L. r~'f ;':{ (.J. {) 1._ E: ~:; :3 }..j C) \1 J::: J_ :5; 19/35 NORDBERG CONSULTING :k*~ 'TO'TAL f:~OR NAVARRE Ol"RlJE V;-~L_'~C E: C) L~ ''I :3 .". :3 'r i~i F) L. E: :~:~ .1.9'736 PO'T'TS~ KENNET~'1 N~ PAGEMAKER '1'RA'INING OC'1'G8(~~R PROSECLj'r'rC)NS (j i"j I:) U [..J, T '::.; t.l- ,~ .5 l~~~ .15.:'5 ,. (~2:1 ':::~ ,. .:::, (~l :2 , l:::.~L . ~::;O .1/,. ::5;:3 <1. c.~ ... () () 425,,00 <~~. () ;j () .:::1 ':;J ,. () () ~s "7 {~i. ,. .1.1 ~:~ () ,. ;~$ ::~~ cl.'-} <~'{. '~.) '.j ~s (~1' ,. ,) () 1 ~~ :~5'.1:2 ,. ,~__::; () ;~~~ '/ S '< .5() j'! . "1 (.,! ".. :2 ::~ .:L ;::~'l ,~ .5 co) !t.hYiEF DC ,~{. ;~ ~::.), ,~s ,. (J () ::.S ':I ~:.)()() " ()() ~:; ;:~: l!,,l C F< [) E:~ :2 '-' I::~ () () ,. () () (, '~ E,()() " (i(:i .1..5," ()() ;''', ,:0. .-'~! .,< /" ,', j'" 1"'1 n: 1"" ...~) C<. j"j i.J i"J, jj L D G f:J f;..i F~~ ~<. ~~3 8:. F) (~1 f~; }'<. :3 IS{ GEi.! GO\!T F) F~: I] r~ ~3 [: F~: J.'973'7 P~EC:[SION PAVEME~~T MARKI~~ MAN()R/CATI'.ICAR1' j:JARKING L .........-.....-......-.-- iZ)'732~ Si.iORE:WOC){:) TRLJE VALUe r.? E F ;..~ :::: C: T () F~~ ~~:; , , L 'I _.' ::' r:J F,: I (j C; :::, T ':: ;:' :~~, ::;( ::.:~ ..!'J :..~ I ;::~ () r:~: .'3 ~"1 c' r:~: i::: if'} C: C: i) r ;-:~:!,..! (:~ '/ '._ ;.J C: t<. E= "/ "":. .1 ':) ,) (, (~; .,'_" ,.'r.,' ~ '__', !.,:~ t.} V,} ~"'.: C: Ci r) I--'~ i"'; h:i::. i"'; '.,:i1,)V.,:h' L;..:~(,iL' h ~-i ;,..,! i,r,i Page 4 C:: T T \~ C~ (~~i F~ ('j t.J (-,j tJ 1.... [) C'i ~L:i ~ t:);J "7 " (~.::;. ~?'? ,. (;\ '7 1 (':? " .,':;.? ~2,5 w ~?f; J~:\?, 91) 1\':.,1..00 .1 '~ ,::;1 () ~3 .. :::; ~S ::.s~?() ... E;() (~~, r~ ,. ())' 1,.1", /j...i_ .'1 ,(~{. ! : ,; CHECK TYPE . COM COt1 COM COM COM COt1 COt1 COM COM COM COM COM COM COM COM COM COM COM COM COM COM COM COM COM COM COM COM COt1 COM MAN COM COf1 COt1 COM COM COM COli COM COM COt1 COM COM COM COM COM COM COM COM COM Cor1 COI:1 COM C01"1 . COI-1 CHECK DATE .1.1 .12 96 .1.1 .12 96 .1.1 .12 96 .1.1 .12 96 .1.1 .12 96 .1.1 .12 96 .1.1 .12 96 .1.1 .12 96 .1.1 .12 96 .1.1 .12 96 .1.1 .12 96 .1.1 .12 96 .1..1 .1.2 96 .1.1 .12 96 .1..1 .12 96 .1.1 .12 96 .1.1 .12 96 .11 .12 96 .11. .12 96 1.1. .12 96 .11. 1.2 96 .1.1 .12 96 .1.1. 1.2 96 .1..1 .12 96 .1..1. 1.2 96 .1.1 1.2 96 1..1. 1.2 96 1.1. .12 96 .1.1. .12 96 .1..1. .12 96 1..1. 1.2 96 .1.1. 1.2 96 .1.1. 1.2 96 1.1. .1.2 96 .1..1. 1.2 96 .1..1. 1.2 96 .1..1. 1.2 96 .1..1. 1.2 96 .1..1. 1.2 96 .1..1. .1.2 96 .1..1. .1.2 96 1..1. 1.2 96 .1.1. 1.2 96 .1.1. .1.~ 96 .1.1. 1.2 96 .1..1 1.2 96 .11. 1.2 96 .1.1 .1.2 96 1..1. .12 96 .1.1 .12 96 1.1. 1.2 96 1..1 12 96 11. 1.2 96 l.l 12 96 C H E C K REGISTEf;: EMPLOYEE NAt1E i'J,UMBEf~ CHECK NUMBER 92 JACK F. BARNUM 2.1.1.1.82 94 SHIRLEY E. BARNUM 2.1.1.1.83 1.01. SCOTT M. BARTLETT 2.1.11.84 1.1.0 CONNIE D. BASTYR 21.1.1.85 1..1.5 LAWRENCE A. BROWN. 21.1.1.86 2.1.5 EUGENE L. BRISTOL 2.1..1..187 220 MARY LOU BROSCH 2.1.1.188 225 JOEL L. CAPESIUS 2.1..1..1.89 325 ANGELA M. COLE 2.1.11.90 375 JODI A. DALLMAN 2.11.1.9.1 500 CHARLES S. DAVIS 21..11.92 552 SARAH N. DEVRIES 21..1.193 702 STEVEN J~ DZURAK 2.11.1.94 775 JAMES C. EAKINS 2.1.1.195 835 GAIL M~ FINNEY 21.1.1.96 840 REBECCA.L. FISH 211..197 865 PADY REGNIER (FLAHERTY) 2.1.11.98 870 KELLY P. FLANAGAN .2.11.199 902 KATHLEEN B. FRADETTE 211.200 1..105 KERI ANNE GRAF 2.11201 1..190 KATHLEEN A. HEBERT 21.1.202 .1400 PATRICIA R. HELGESEN 21.1203 1.445 JASON D. HENDRICKSON 2.11.204 .1450 JOANNE C. HERMANN 2.1.1205. 1.550 JAMES C. HURM. 21.1.206 .1601 BRIAN D. JAKEL 21.1.207 1.700 JEFFREY A. JENSEN .21.1.208 1.725 DOUGLAS G. JESSEN 2.1.1209 1.792 CHERYL S. JOHNSON 2.11.21.0 1800 DENNIS D. JOHNSON 21..11.80 1.822 LINDA A_ JOHNSON 2.11.2.1.1. 1.950 MARTIN.L. JONES 2.11212 2.100 WILLIAM F. JOSEPHSON 2.1.121.3 2302 IRENE KRONHOLM 2.1..12.14 2402 CARLA LABORE 2.1.12.1.5 2425 KELLY B. LADD 2.1..1.2.16 2500 SUSAN M. LATTERNER 2.1..12.1.7 2772 CLIFFORD WOODROW LOVE 2.1.12.18 2782 MEGAN L. LOUIS 2.11.2.1.9 2800 JOSEPH P. LUGOWSKI 2.11220 2805 JASON R. LUND 21..122.1 2850 JILL D. MAJESTIC 2.1.1222 2900 RUSSELL R. MARRON 2.1.1223 2935 PAMELA MCDAVITT 21..1224 2970 KAREN V. MIESEN 2.11.225 2974 DEBORAH J. MILLER 21..1.226 3000 THERESA L. NAAB 2.11.227 3.100 LAWRENCE A_ NICCUM 2.11228 3400 BRADLEY J. NIELSEN 21.1.229 3406 KATHLEEN I_ NOREN 21.1.230 34.10 BARBARA R. OBERMEYER 21.1.231. 3442 THERESA M. PAETZEL 21..1.232 3452 CAROL A. PAULSEN 21.1.233 3500 JOSEPH E. PAZANOAK 21.1.234 Page 6 CHECK AMOUNT 41..2.1 41..2.1 79.79 244.4.1 .1327.2.5 53.33 43.63 73.61. 378.49 87.00 788.3.1 24.24 72.73 7.1.5.6.1 92_.12 72.73 54_54 93.79 33.94 75.03 637.36 569..19 480.83 1..13.59 1.692.04 3.1..1.7 860.78 1.1.6.95 38.79 805.83 96.97 .1.54.24 632.56 56.62 .102.5.1 84.30 655.95 46.07 26.67 833.1.6 220.81. .103.89 32.35 33.94 92..12 3.1.52 687.22 .1.047.23 847.67 67.87 43.63 42.42 38..79 1057.76 C H E C K R 0- G I S T 0- R c c CHECK CHECK Et1PLOYEE NAME CHECK CHECK TYPE DATE NUMBER NUt1BER AMOUNT COM ~~ ~2 96 35~0 CHRIS A. PERRY 2~~235 ~09.9~ COM' ~~ ~2 96 3536 CYRIL A. PETERSON 2~~236 38.79 COt1 ~~ ~2 96 3542 NANCY M. PETER~ON 2~~237 12~.9~ COM ~~ 12 96 3545 NORr'1A' O. PETERSON 2~~238 72.73 COM ~~ ~2 96 3562 JEANNINE H. PICHA 2~~239 89.70 COt1 ~~ ~2, 96 ' 3600 DANIEL J. RANDALL 2~~240 868.52 COM ~~ ~2 96 3615 TAMARA LYNN REED 2~~241 37.52 COM ~~ ~2 96 3632 MARY L. REUTIMAN 2~~242 ~~5.44 COM ~1 ~2 96 370~ BRIAN M. ROERICK 2~~243 76.94 COM ~~ ~2 96 3800 ALAN J. ROLEK 2~~244 ~~42.50 COM ~~ ~2 96 3900 CHRISTOPHER E. SCHMID 2~~245 455.~4 COM ~~_~2 96 4012 MARY M. SCHMITT 2~~246 55.76 COM ~~ ~2 96 4~02 ELIZABETH SELLKE 2~~247 67.87 COM ~~ ~2 96 4190 DANA G. SHAW 2~~248 34.63 COM ~~ ~2 96 4402 JANE F. STEIN' 2~~249 75.~5 . COM ~~ ~2 96 4575 REBECCA A. TARVIN 2~~250 4~3.5~ COM ~~ 12 96 4577 PAMELA T. . TURNQUIST 2~~251 6~7.36 COM ~~ ~2 96 4750 RALPH A. WEHLE 2~~252 664.39 ****TOTALS**** 2~833 . 54' . Page 7 SNOWlYIOBILE TASK FORCE MEETING lYIAY 23, 1996 - PAGE 8 Co-chair Colopoulos suggested grooming the trail as wide as possible leaving a defined edge. Arnst suggested plowing and leaving a sustained base which can be packed for multi-use. He also commented crossing and intersection maintenance would need to be improved. Peterson asked the Task Force to keep in mind the city will have to build a drag to pull behind the truck which should be a consideration. Arnst remarked the trail has never been groomed for any thin 0- other than snowmobiling during the winter months. e Grooming Recommendations 1. Promote as multi-use. 2. Groom flat - groom after every snow. _ 3. Find ways to fund grooming if Grant-in-Aide Program dollars are lost. 4. Groom at the standard II' to 12' width - with a defined edge. 5. Try to retain a controlled base, consider snow storage and damage to trees. 6. Improve maintenance of crossings by city. Peterson moved, George seconded to accept the Task Force recommendations with regard to grooming. Motion passed, 5/0. (Co-chair Colopoulos left the meeting at 7:45 p.m.) 6. POLICY ANALYSIS FROM PRIOR MEETING a) POLICY AREA EIGHT - SAFETY Co-chair Kolstad reviewed what had been accomplished on this issue to date. She further stated there are a number of safety issues having to do with speed and enforcement, however, one of the biggest safety issues is the multi-use of the traiL Tarvin reported on the staff brainstorming session and staff agreed there was a concern with having snowmobilers and pedestrians on the trail and making it workable. One option would be to utilize the trail, but grooming it to be conducive for walking, skiing and snowmobiling. There should also be recommended ways of yielding right of way for pedestrians and help defme what those are. Another way to accommodate multi-use would be to separate motorized and nonmotorized use, one consideration would be to have one or the other on the trail. Another consideration would include having alternate day usage. Southwest Trails has, in the past, offered to groom walking and cross country skiing trails at Freeman Park without motorized vehicles present. Another option would be to investigate other relationships with local businesses, such as the Country Club, to groom a walking and/or cross country skiing trail on their property. Turgeon stated with regard to the path in Freeman Park, it would be no different than having to trailer a snowmobile. The walkers and skiers would have to drive to Freeman Park. Therefore, the trail would still be designated as a snowmobile trail. She expressed her opinion the trail is not wide enough to accommodate motorized and nonmotorized use. Turgeon also did not think the Country Club would allow for a walking and skiing trail due to potential damage to the grass. Co-chair Kolstad related a subtaskforce suggestion to clear trees and brush and allow the snowmobilers to use the ditch area for their short season. Peterson stated he supports multi-use. Turgeon commented both sides of the issue have a lot of merit. She further pointed out snowmobiles would have the lakes on which to ride, and pedestrians, cross country skiers, snowshoers, etcetera, would have access to the traiL . a a I George stated in looking at the survey, there is a perception people do not feel safe on the trail, generally with regard to the issue of speed. If a resident does not live on the trail, they would have to drive to an access point. He further commented in looking at the history of the trail and his 16 . . -, i i - l l - i i .. SNOWlVIOBILE TASK FORCE I\'IEETING IVIAY 23, 1996 - PAGE 7 increase distance on the top surface would be to grade away a significant part of the base which would be impractical. Arnst moved, Peterson seconded not to pursue further discussion with regard to grading the trail to change the structure of the trail bed. Turgeon explained the grade of the trail could be changed, however, it would require the approval of other authorities. George related his opinion this would not be impossible to do. It would simply require going through the proper procedures and it is possible funds would be available which might not include the City. ~ Vote on lVIotion: Motion passes 4/2; George and Peterson were the negative votes. George stated his feeling the motion with regard to grading is premature at this time. Grooming Peterson commented grooming would only relate to the snow. Turgeon asked what exactly a groomer would do. Peterson stated the groomer pulls the snow in to make a flatter, smoother and more level trail. George commented the groomer takes off the top where the snowmobiles have traveled and fills in the low spots. The objective would be to keep as much snow on the trail as possible. Co-chair Colopoulos inquired if the groomers put the trail in condition for snowmobilers or if they can also put it in condition for other activities such as cross country skiing. Tarvin commented the Task Force would not have to be limited to what grooming Southwest Trails is able to do. In considering options, the Public Works Department had groomed the trail in the past and that option may be available. There are also different methodologies for grooming in consideration of walking or cross country skiing. During the staff brainstorming session, consideration was given to the idea of physical separation of snowmobiles and pedestrians, however, it did not appear to be practical given the treadway width of approximately 11 feet. Turgeon reviewed the trail walk the Task Force members took and commented on her concerns regarding the comments made in conjunction with the walks. Turgeon also reviewed the worksheet submitted by Southwest Trails with regard to grooming the trail. She informed the Task Force the trail was groomed eight times in the months of January and February and was groomed twice in one particular day. Grooming had occurred on the same day when various Task Force members had walked the trail and reported it to be in fair or poor condition. Co-chair Kolstad stated the condition of the trail did not necessarily reflect it had not been groomed. The City had instructed to Southwest Trails to leave bumps in for the purpose of slowing down the traffic. Hurm stated if there is going to be an enforcement program. maybe the trail should be groomed to reduce noise and allow for cross country skiing and not concentrate on speed. Co-chair Colopoulos stated if the winter use of trails will be promoted as multi-use, then it should be groomed in a manner which is designed for multi-use. Turgeon inquired if Grant-in-Aide would be lost if the trail were to be multi-use. Hurm explained the city would not be concerned with this. Peterson mentioned there are many trails throughout the state which are multi-use and at the same time Grant-in-Aide. It would be up to Grant-in-Aide's interpretation. Kolstad questioned if the city would be willing to pay for the grooming if Grant-in-Aide is not available. Peterson stated the city would also have to take responsibility for any signage. IC" _"--......-~~1._.!.-~~1!....';,! To: City of Shorewood & Shorewood City Council Re: Lundgren Bros. Marsh Point Development As you consider final approval of Lundgrens plans for Marsh Point, we would ask that two things be addressed. As Lundgren Brothers is a quality and community minded builder/developer and gets involved with their neighborhoods, we would first ask that the Shorewood Planning Commissions request/suggestion that a treed buffer zone along the wetlands edge be adopted to buffer the impact of the homes from the West especially along the island/peninsula area. Secondly and more importantly, we continue to object to any houses being built on the island/peninsula as this is really pushing the envelope of development past the point of reasonableness. Lundgren could get one more house on the mainland and not incur the additional lift station and building costs associated with the island and be better off development $$ wise. The questionable building site, private driveway vs. public street access and moisture problems lead us to believe this island/peninsula site for two homes would be better used as parkland for the development. We respectfully request that the project be approved with the conditions that no homes be built on the island/peninsula and that a nice variety of trees be planted along the wetlands edge of the site to provide a buffer to the west as was suggested by the Planning Commission. Sincerely, Sue & Richard Gay 5695 Howards Point Road Shorewood