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022096 CC Reg AgP CITY COUNC:tL REGULAR UET:tNG CITY 01' SHOUWOOD 'l'UESDAY, FEBRUARY 20, 1.9.96 5755 COUN'l'RY CLUB ROAD CO'O'NC:tL CHAMBERS 7:45 P.M. ** PLEASE NO'1':&: T:tU AND DATE CHANGE POR TH:tS UET:tNG ** The City Council will adjourn to an Executive Session to discuss pending litigation immediately following the regular portion of the meeting. No action will be taken .at this time. AGENDA 1 . CONVENE C:tTY CO'O'NC:tL MEE'l':tNG A. Roll Call B. Review Agenda McCarty Mayor Bean Stover Benson Malam C. Presentation of Plaque to Don Zdrazil r 2 . APPROVAL OF M:tNUTES City Council Regular Meeting Minutes February 12, 1996 (Att.-#2 Minutes) 3 . MATTERS FROM TEE FLOOR (Presentations are limited to 3 minutes. No Council action will be taken.) 4 . Pt1BL:tC HEAR:tNG 8: 00 P.M. - Vacation of Drainage and Utility Easement in Boulder Ridge (Att.-#4 Planner's Memorandum) J 5 . PLANN:tNG - Report by Representative A Motion to Direct Staff to Prepare Findings of Fact Regarding a Setback Variance (Att.-#5 Planner's Memorandum) Applicant: Richard Hoyt Location: 5710 Ridge Road 6 . CONS:tDERA'l':tON OF A MOT:tON. '1'0 At1THOR:tZE EXECU'l':tON OF F:tNAL:tZED SEN:tOR/COMM'O'N:t'l'Y CENTER AGUEMENTS & AMENDMENT (Att.-#6A Proposed Agreement; #6B Amendment) 7 . CONS:tDERAT:tON OF A MOT:tON '1'0 At1'l'HOR:tZE THE MAYOR AND C:t'l'Y CH:tTECT'O'llAL SERV:tCES W:!TH TSP IEOS FOR THE SENIOR/COMM'O'N:t'l'Y CENTER (Att. -#7) I I I I -- . "l t . .. . .... MAYOR Robert Bean CITY OF SHOREWOOD COUNCIL Kristi Slover Bruce Benson Jennifer McCarty Doug Malam 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331.8927 . (612) 474-3236 "1 EXECUTIVE SU1\IIMARY~<! SHOREWOOD CITY COUNCIL MEETING l J. . TuEsDAY, FEBRUARY 20, 1996 / .' ".... The Mayor will read the notice at the beginning of the meeting that we will be going into Executive Session following the Regular Meeting to discuss pending litigation as requested. At the beginning of the meeting Don Zdrazil will be present for a presentation of a plaque. Agenda Item #4: At 8:00 p.m. a public hearing is scheduled regarding vacation of a drainage and utility easement in Boulder Ridge. Please review the enclosed memorandum. Although the request seems simple, there have been questions raised regarding the City's new setback requirements from wetlands. This topic will be discussed in detail at the hearing. Agenda Item #5: Mr. Hoyt at 5710 Ridge Road is requesting a setback variance to allow a screened deck which has already been built at his property without a permit. The Planning Commission voted 4/0 to recommend denial and that the deck be removed. After the planner's memorandum is a copy of the relevant Planning Commission Minutes. . Agenda Item #6: Deephave~ Excelsior and Greenwood have now all approved the Senior Community Center Agreements and Amendment. Approval by the Shorewood City Council will be followed byTonka Bay's fmal action on February 27. Documents can then could be signed perhaps the fIrst week in March. Deephaven has approved the Center Rules and Regulations. Therefore there should be no problem in approving the amendment. Agenda Item #7:' The complete agreement for architectural services with TSP/EOS for the Senior Community Center can now be executed. This motion would authorize the execution: Agenda Item #8A: We will give a public report on the sewer rate task force recommendations which were made fmal in January. A Residential Community on Lake Minnetonka's South Shore t. CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY, FEBRUARY 12, 1996 MINUTES 1. CONVENE CITY COUNCIL MEETING COUNCIL CHAMBERS 5755 COUNTRY CLUB RD 7:30 P.M. Mayor Bean called the meeting to order at 7:35 p.m. DRAFT A. Roll Call Present: Mayor Bean; Councilmembers Benson, Malam, and McCarty; City Engineer Brown, City Administrator Hurm, and City Attorney Keane. Councilmember Stover. Absent: B. Review Agenda Malam moved, McCarty seconded to approve the agenda for February 12, 1996 as presented. Motion passed 4/0. . C. Presentation of Plaque to Dean Young Bill Josephson, Liquor Store Manager, thanked the City Council for allowing him to speak tonight and recognize the service Mr. Young has done for the City of Shorewood. He stated it would be difficult to replace Mr. Young. He noted Mr. Young's commitment to the store and to keeping the entire program operating. Mr. Young has a tremendous artistic ability and was responsible for almost 100% of the layouts for the newspaper, 100% of the flyers created and all the point of sale material. He stated the customers miss Mr. Young and many who come in to the store wish him well. He wished Mr. Young well and noted he was happy for him. Mayor Bean presented Mr. Young with a plaque as a token of appreciation from the City of Shorewood and congratulated him on his next career. Mr. Young thanked the City of Shorewood for being a good and fair employer. He noted his appreciation for being able to work with Mr. Josephson, Mr. Hurm and all other members of City staff. . D. Proclamation - We Love Our Kids. Mayor Bean stated this was an opportunity to recognize children through a proclamation for the month of February, 1996. Mayor Bean read the proclamation into record. He noted this was an outgrowth of the efforts of Our Youth, Our Community and a joint effort of the school district, churches and municipalities. It is an effort to bring all parties together and realize it takes the whole community to offer viable chances for youth to help deal with stresses and temptations. He stated this was a fabulous program and the City of Shorewood was thankful to be a participant. 2. APPROVAL OF MINUTES A. City Council Executive Session and Regular Meeting Minutes - January 22, 1996 McCarty moved, Malam seconded to approve the City Council Executive Session Meeting Minutes of January 22, 1996 as presented. Motion passed 4/0. McCarty moved, Malam seconded to approve the City Council Regular Meeting Minutes of January 22, 1996 as presented. Motion passed 4/0. ~ ,.. REGULAR CITY COUNCIL MINUTES February 12, 1996. PAGE 2 3. CONSENT AGENDA Mayor Bean read the Consent Agenda for February 12, 1996. Malam moved,"Benson seconded to approve the Motions on the Consent Agenda and to adopt the Resolutions therein: A. Motion to Establish the Date for Public Hearing 1996 Urban Hennepin County Community Development Block Grant Program for March 11, 1996 at 7:45 p.m. B. RESOLUTION NO. 96-18. "A Resolution Declaring the Observance of Arbor Day to be April 27, 1996 and Arbor Month to be May, 1996." C. Motion to Adopt Ordinance No. 308, "Adopting 1994 State Building Code" . Motion to Extend the Deadline for Filing the Final Plan 0 f LedinlWartmanlMinnewashta P.U.D. until August 28, 1996. E. Motion to Establish the Spring Clean Up date as May 18, 1996. D. . - E. _ --Motion-to Appr4v:e-P--ermanent-J\ppointment -Beck-y--'farvin,.. Part Time---- Clerical Assistant. Motion passed 4/0. 4. MATTERS FROM THE FLOOR. None. 5 . PARKS - Report by Representative A. Report on January 23,1996 Meeting Commissioner Colopoulos reviewed the actions taken and the recommendations made by the . Commission at its January 23, 1996 meeting. B . Presentation by Minnetonka Youth Hockey Association Representative on Ice Sheet Proposal at Freeman Park Commissioner Colopoulos reported representatives of the Minnetonka Youth Hockey Association (MYHA) had been present at the Park Commission meeting and gave a presentation on a proposed covered/refrigerated ice sheet at the north end of Freeman Park. He reported representatives of the MYRA had provided statistics illustrating the rapid growth in the sport of hockey and in the population in general. They also pointed out the issue of gender equality which will require even more ice time as hockey grows as a girls sport. The MYRA is proposing a 85 foot by 200 foot refrigerated concrete surface which would be covered by a 100 foot by 225 foot canopy. The concrete surface could be used in the . summer as a picnic area or for in-line skating. He reported Jim Wyman estimated the cost of the facility to be $650,000.00 and funding would be obtained from sources including ice rental at $50.00 per hour and concession sales. Mr. Flood identified five issues to be included in a "Facility Use Agreement" between the City of Shorewood and the MYHA. Commissioner Colopoulos stated the Park Commission is recommending the City Council consider and authorize the application of the MYRA for a conditional use permit. The Park Commission is also recommending the City Council waive the associated fee. t:. 'I . . REGULAR CITY COUNCIL MINUTES February 12, 1996 - PAGE 3 City Administrator Hurm noted a memo dated November 27, 1995 which outlined the necessary steps to be taken by the MYHA. He stated it was somewhat unusual for the MYRA to come before the City Council fIrst but this was due to the fact that the ice sheet would be located on City property . Mayor Bean confIrmed that the MYRA would fund the entire project. The City of Shorewood would only be segregating a segment of City property to be dedicated for this use and waive the $250.00 fee for a conditional use permit. This is an opportunity for the City to obtain a substantial recreational facility at no cost to the City. Hurm noted there is a potential for the Park Commission to advance the MYHA funds from their capital improvement fund to construct the concession building. These funds would be reimbursed over a fIve year period and deposited back into the park fund. Councilmember McCarty stated she would like to see a photograph of an existing ice sheet. She stated she felt this was a great proposal but was concerned with how it would look and how it would affect the park. Commissioner Colopoulos noted this was a concern of the Park Commission as well. He noted the request for City Council authorization was only the fIrst step which would then allow the MYHA to proceed and provide further information. C. Consideration of a Motion Authorizing Minnetonka Youth Hockey Association to Apply for Conditional Use Permit for Shelter at Freeman Park and Waive Associated Fees Benson moved, McCarty seconded to authorize the Minnetonka Youth Hockey Association to apply for a conditional use permit for a shelter at Freeman Park and waive the associated fees. Councilmember Benson stated he had the same concerns as Councilmember McCarty. He noted this particular part of the park is.currently not used in the winter and is a quiet area. Hockey use of the area can be intense, starting in the early morning and going late into the evening. He indicated he would like to see the hours of operation limited and the impact to the neighborhood kept to a minimum. Mayor Bean noted he was curious as to the aesthetics of the facility and what other uses were feasible during the "off-season". He stated he felt the concept seems to offer a great opportunity to mutually develop a facility benefIcial for the community. Voting on the motion: Motion passed 4/0. 6. PLANNING - Report by Representative Commissioner Turgeon reviewed the actions taken and the recommendations made by the Commission at its February 6, 1996 meeting. 7. SNOWMOBILE TASK FORCE - Report by Representative Virginia Kolstad and William Colopoulos, Co-Chairs of the Snowmobile Task Force were present to report. Ms. Kolstad stated she felt there had been some misconceptions as to the effectiveness of the task force. She stated in June of 1995 the City Council passed a resolution for establishment of a task force whose purpose was to investigate and research issues related to snowmobile usage in the City of Shorewood. The task force is made up of nine members. Six are voting members including one representative from the Planning Commission, one representative from the Parks Commission and four Shorewood residents (two in favor of snowmobiles in the City and two f . l REGULAR CITY COUNCIL MINUTES February 12, 1996 - PAGE 4 opposed). Three non-voting members include the Chief of South Lake Minnetonka Public Safety Department, City Administrator and a representative from the Shorewood Snow Patrol. The objectives of the task force mirror the objectives established by the City Council. The task force convened in September of 1995 and a real need for assistance to maintain a focus and find a framework to work within became apparent. Judy Marshik, Research Quik, Inc., was retained to assist in these areas. Key issues were then identified and outlined in 19 policy areas. The task force then identified information requirements and potential sources of information for each policy change area. The task force is currently gathering information by interviewing key individuals and agencies and by utilizing two surveys. One survey was sent to 15 cities and another survey will be sent to all Shorewood residents in March. Members of the task force are also conducting trail walks to view what, if any violations are occurring and are encouraging residents to report any violations. Mr. Colopoulos reported there are over 100 questions in relation to the 19 policy areas. When the task force makes its' recommendations, it will have a huge database of information and will be able to anticipate most questions that may arise. The survey which will be sent to all residents is being developed by a small steering committee and will be mailed as early as March. The trail walks will continue until the surveys have been returned. Analysis of the data received will then begin. The . task force plans to have recommendations available in Mayor June of 1996. Councilmember McCarty applauded all the members of the Snowmobile Task Force and noted the task before them was not an easy one. Mayor Bean stated his perception was that the meetings of the task force were unable to follow a focus prior to obtaining a mediator. He apologized if his perception had been based on two narrow of facts. He indicated he had received a lot of feedback that the group was having difficulties maintaining direction and moving forward. He stated it appears the group is making progress and he applauds them for that. He asked if the task force had considered if snowmobiles were an appropriate form of recreation in the City of Shorewood. He noted the policy items addressed all the problems created by the use of snowmobiles but did not include any positives. He suggested the task force consider that if the use of snowmobiles is an appropriate recreation, how can it be made viable for the City of Shorewood. Mr. Colopoulos stated some community input and data which has been received addresses this question. He noted the task force was initially formed due to objections from residents of the . incompatibility of snowmobiles and has naturally looked at the issues in perspective of the current regulations. Some residents feel the ordinances are difficult to understand and enforce. He stated he feels the information the task force is gathering will lead them to explore all issues and options and reach a viable solution for all. Mayor Bean stated he feels it is important to determine a way to maintain access to the lakes while controlling snowmobile abuse in the City. Councilmember Malam thanked the task force for their efforts. 8. CONSIDERATION OF A MOTION TO ADOPT AN ORDINANCE AMENDMENT AND SUMMARY TO SECTION 1300 - MUNICIPAL FEES Hurm explained this ordinance is brought before the City Council on an annual basis to review the fees and charges therein. Due to Park Commission recommendation and figures received from the assessor, staff is recommending the park dedication fee be increased from $750.00 to $875.00. REGULAR CITY COUNCIL MINUTES February 12, 1996 - PAGE 5 Councilmember Benson asked what amount other cities charge for park dedication fees. Hurm noted it varied greatly. Councilmember Benson stated he would rather see. the fee increased to $1,000.00. Councilmember McCarty stated she would rather see the fee increased to $900.00 than $1,000.00. Mayor Bean noted a concern was that as the City approaches 100% development, this source of revenue will no longer be available. He stated he felt it was appropriate that the fee be increased. Councilmember McCarty stated she feels every fee contributes to the concerns of how expensive it is to live in Shorewood and the lack of affordable housing. Counci1mernber Malam stated he did not agree. He stated the park dedication fee would not have any bearing as to the type of housing which is built. . Malam moved, Benson seconded to amend the proposed ordinance to increase the park dedication fee to $1,000.00 per unit. Councilmember McCarty stated she feels this is a large increase. Voting on the motion: Motion passed 4/0. Malam moved, Benson seconded to adopt Ordinance No. 309, "A Ordinance Amending Chapter 1301 of the Shorewood City Code Relating to License, Permit, Service Charges and Miscellaneous Fees." as amended and summary to section 1300 - municipal fees. Motion passed 4/0. 9. CONSIDERATION OF A MOTION TO ADOPT AN ORDINANCE AMENDING SECTION 902 - USE OF RECREATIONAL FACILITIES BY ATHLETIC ASSOCIATIONS Hurm explained this ordinance will clarify the policy which has been used by the Park Commission and City Council to determine donations for use of recreational facilities by athletic associations. . McCarty moved, Malam seconded to adopt Ordinance No. 310, "An Ordinance Amending Chapter 902 of the Shorewood City Code Regarding Use of Recreational Facilities by Athletic Associations." Motion passed 4/0. 10. CONSIDERATION OF A MOTION DIRECTING STAFF TO BUDGET MONEY IN 1997 AND 1998 FOR GOOSE CONTROL EFFORTS Hurm explained the LMCD is requesting the City of Shorewood budget $1,000.00 in 1997 and 1998 each for a proposed goose control program. The goose control program will be a coordinated effort of the surrounding lake communities. Mayor Bean stated this must be a coordinated effort of the entire lake area for it to be effective. McCarty moved, Benson seconded to direct staff to budget $1,000.00 in 1997 and 1998 for goose control efforts with the stipulation that there will be a coordinated effort district wide. Motion passed 4/0. 11. ADMINISTRATOR AND STAFF REPORTS A. Engineer's Report on Holly Lane Drainage Issue ';' ,,- REGULAR CITY COUNCIL MINUTES February 12, 1996 - PAGE 6 City Engineer Brown reported the City of Shorewood is working with the City of Chanhassen in a cooperative effort to clean upseveraJ. areas which are tributary to Christmas Lake. One such project initiated by Chanhassen is 25 acres adjacent to Holly Lane. 6 of the 25 acres are located in the City of Shorewood. Chanhassen is presently sketching plans to create three detention ponds on private property located in the City of Shorewood. The landowners have been very cooperative and consider the ponds to be an asset to the community. Chanhassen is currently developing conceptual plans and will draft legal easements that the City of Shorewood will be recording for them as part of the cooperative effort. Councilmember Malam reported he had received a telephone call from a Chanhassen resident with regard to this issue. B. Review Policy - Fire Department Response to CO Alarm Calls Mayor Bean reported the number of carbon monoxide alarm calls the Fire Department is receiving has increased substantially. He noted the City of Shorewood is concerned with maintaining public safety but also is concerned with the strain this is placing on staff resources and budget. He indicated there is a need to educate residents in this area. . Hurm reported the City of Excelsior has expressed concern with the increase in calls relating to carbon monoxide alarms. Hurm explained the cost of fIre department services is related directly to the number of call-outs. He explained in most situations where carbon monoxide is detected it is not life-threatening. If carbon monoxide is detected and any member of the household is experiencing flu-like symptoms, the house should be evacuated and 911 should be called. If no one is experiencing symptoms, all gas appliances should be turned off and the home ventilated. If the alarm does not turn off, the gas company should be notified. Hurm noted additional information will be available at City Hall and will be included in the City of Shorewood newsletter. Fire Chief Dick Mahaffey stated the Fire Department's principle concern is the welfare and safety of all citizens. He stated he feels there is a lack of public awareness with regard to carbon monoxide detectors and the public needs to be better educated. C. Engineer's Report on Agreement for Water Services with the City of Victoria Brown reported he received a telephone call from the City Engineer of Victoria stating that the . proposed water agreement between the City of Victoria and the City of Shorewood has been put on hold. A recent analysis of Victoria's southerly water system indicates that their south system is in need of a new well and water tower. The Victoria City Council has directed the City Engineer to analyze the feasibility of constructing a new well and water tower which would meet the needs of both their north and south systems. Based on this, the completion of the water agreement has been put on hold until the feasibility report is complete. D. Discussion on the Friends of Southshore Senior Community Center Proposed Regulations Hurm noted a copy of the draft center rules and regulations for the Senior Community Center has been sent to the Cities of Greenwood, Shorewood, Tonka Bay and Excelsior. Mayor Bean noted this item will be before the Deephaven City Council on February 15, 1996 and he is hopeful this will bring this issue to a resolution. E. Report on LMCD's Special Event Permit process Hurm reported staff had received a letter from Alan Willcutt, Executive Director of the LMCD in regard to the "Special Event Permitting Process". This is a pro-active program to prevent the ..f'.'" ... . . REGULAR CITY COUNCIL MINUTES February 12, 1996 - PAGE 7 potential spread of Zebra Mussles and other exotics into Lake Minnetonka. He indicated the City of Shorewood does not sponsor any special events. Brown noted two public infonnation meetings are scheduled for February 13, 1996. The first from 5:30 p.m. to 7:30 p.m. to discuss proposed water main extension and roadway reconstruction on Smithtown Road from Eureka Road to Country Club. The second from 8:00 p.m. to 10:00 p.m. to discuss Strawberry Lane from Smithtown Road to W. 62nd Street. Another public informational meeting is scheduled for February 21, 1996 from 6:00 p.m. to 8:00 p.m. to discuss Eureka Road. Hurm noted a work session will be noticed for that evening at8:15 p.m. for the City Council to discuss the three projects if they feel it is necessary. Brown noted all residents immediately adjacent to these streets were notified as well as residents in areas whose access may be impacted by the construction. 12. MAYOR AND CITY COUNCIL REPORTS Mayor Bean noted the Our Community, Our Youth Caring Month A ward Ceremony is scheduled for February 15, 1996 at 7:00 p.m. at the Minnetonka Community Center. Amanda Blumgrenof the City of Shorewood will be recognized at this event. Don Shelby will be the key note speaker and emcee. 13. ADJOURNMENT SUBJECT TO APPROVAL OF CLAIMS Benson moved, McCarty seconded to adjourn the City Council meeting at 9: 28 p.m., subject to approval of claims. Motion passed 4/0. RESPECTFULL Y SUBMITTED, Lorri L. Kopischke Recording Secretary TimeSaver Off Site Secretarial ATTEST: ROBERT B. BEAN, MAYOR JAMES C. HURM, CITY ADMINISTRATOR MAYOR Robert Bean CITY OF SHOREWOOD COUNCIL Kristi Stover Bruce Benson Jennifer McCarty Doug Malam 5755 COUNTRY CLUB ROAD · SHOREWOOD. MINNESOTA 55331-8927 . (612) 474-3236 MEMORANDUM . TO: FROM: DATE: RE: FILE NO.: Mayor and City Council Brad Nielsen 9 February 1996 Eiden Request to Vacate Portions of Drainage and Utility Easements 405 (Property - 26550 and 26600 Noble Road) Chuck Dillerud, representing Tony Eiden Company has requested that the City vacate portions of the drainage and utility easements on the two above-referenced lots (see attached exhibits). Although platted with considerable square footage, these lots have relatively small buildable areas due to Wetland Conservation Act wetlands which occupy much of the two lots. The applicant proposes to fIll the vacated areas to create more usable rear yards and to accommodate larger decks for the respective homes. The applicant proposes to mitigate the filling by creating additional wetland area to the north at a 2: 1 ratio. Ordinarily this type of work falls under the jurisdiction of the Watershed District and the Corps of Engineers. However, the easements in this case are in favor of the City of Shorewood. The . applicant has obtained Corps and Watershed District approvals. While this request is relatively simple, questions have been raised regarding the City's new setback requirements from wetlands. These questions will be 3.ddressed at the hearing which is scheduled for 20 February. cc: Jim Hurm Tim Keane Larry Brown Chuck Dillerud A Residential Community on Lake Mirmetonka's South Shore f r' TON Y EIDEN COMPANY Mayor Bean and City Council City of Shorewood 5755 Country Club Road Shorewood, l\IlN December 5, 1995 Dear Mayor Bean and Council Members: . RE: Boulder Ridge DrainageIPonding Easements Lots 4 and 5, Block 2 We hereby respectfully request the vacation of a portion of the easements for ponding and drainage over the rear (north) of the referenced lots in Boulder Ridge. This will increase the usable rear yards of these lots from virtually nothing to about 30 feet while enabling the construction of homes of the size and character found elsewhere in Boulder Ridge and the immediate neighborhood. . Since the easement area we request to be vacated also is jurisdictional wetland we have requested and received approval from the Corps of Engineers and the Minnehaha Creek Watershed District for alteration of the wetland within the area proposed for vacation of easement. New wetlands will be created on Lot 6, Block 2 on a 2: 1 ratio to compensate for those we propose to encroach upon on Lots 4 and 5. . Enclosed please find legal descriptions covering the requested easement vacation . over Lots 4 and 5; descriptions for new drainage/ponding easement over the mitigation area proposed on Lot 6; Corps of Engineers letter; and, Minnehaha Creek Watershed District Approval notice. Sincere~y yours, _--") TollY Elden Company i . --: t~)'..l)J16A_~'~/ 'charl~ E. Dillerud Director of Land Development Exhibit A APPLICANT'S REOUEST LETTER Dated 5 December 1995 4100 8ERKSHIRE I..ANE.PLYMOUTH. MINNESO. f . . DEe l2l4'95 09:l2l4A1 MCCOMBS FRANK ROOS P.4/4 Proposed Vacation of Utility and Drainage Easement Boulder Ridge Estates All that part of the utility and drainage easement as shown on Lot 4, Block 2, BOULDER RIDGE ESTATES, according to the recorded plat thereof; Hennepin County, Minnesota, descn'bed as follows: Commencing at the northwest comer of said Lot 4; thence on an assumed bearing of South 06 degrees 11 minutes 14 seconds East, along the west line of said Lot 4, a distance of 153.54 feet; thence South 53 degrees 34 minutes 22 seconds East 87.22 feet to tho point of beginning; thence South 71 degrees 47 minutes 41 seconds East 69.89 feet to the intersection with the west line of the east 10.00 feet of said Lot 4; thence South 09 degrees 39 minutes S5 seconds West, along said west line 24.48 feet to the intersection of a line bearing South 53 degrees 34 minutes 22 seconds East from the point of beginning; thence North S3 degrees 34 minutes 22 seconds West 77.40 feet to the point of beginning. . . DEC 04 '95 09:04AM MCCOMBS F"RAH< ROOS P.2/4 Proposed Vacatioa of Utility and Drainage Easement Boulder Ridge Estates All that part of the utillty and drainase easement as shown oa Lot S, Block 2, BOULDER RIDGE ESTATES, according to the recorded plat thereat: Hennepin County. Minnesota, described as follows; For the purpose of this description the east line of said Lot S has an assumed bearing of North 09 degreea 39 minutes 55 seconds East. Commencing at a point of the south line of said Lot S distant 125.00 feet easterly of the southwest comer of said Lot S; thence North 11 degrees 27 minutes 16 seconds East 103.1 S feet to the point otbeginning; thence North 78 degrees 20 minutes os seconds West 116.31 feet to the intersection with the east line of the west 10.00 feet of said Lot 5; thence North 09 degrees 39 minutes 55 seconds East, along said east line, 28.02 feet; thence South 18 degrees 20 minutes OS seconds East 90.00 feet; thence South J2 degrees 35 minutes 27 seconds East 39.09 feet to the point of beginning. . . . . DEe 04 '95 09:04AM MCCOMBS F"RFN< ROOS P.3/4 Proposed Utility and Drainage Easement Boulder Ridge Estates All that part of the utility and drainage easement as shown on Lot 6, Block 2, BOULDER RIDGE ESTATES, according to the recorded plat thereot: Hennepin County, Minnesota, described as follows: Commencing at the northwest corner of said Lot 6; thence on an assumed bearing of South 88 degrees 53 minutes 00 seconds East, along the north line of said Lot 6, a distance of 290.26 feet; thence South 33 degrees 01 minutes 00 seconds West 95.00 feet to the point of beginning; thence continue southwesterly along last described course 53.00 feet; thence South 03 degrees Z3 minutes 40 seconds East 109.80 feet to the intersection with the south line of said Lot 6; thence South 88 degrees 03 minutes 10 seconds West, aloni said south line 32.00 feet; thence North 02 degrees 51 minutes 27 seconds East 130.00 f~t; thence North 62 degrees 06 minutes 16 seconds East 54.00 feet to the point of beginning. 11117/95 p:'-4nJ:\plllll\ 11 048vlO - ;; (Il ;; ~ ... 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(612) 474-3236 :MEMORANDUM TO: FROM: DAlE: RE: FILE NO.: Planning Commission, Mayor and City Council Brad Nielsen 28 November 1995 Hoyt, Richard - Setback Variance 405 (95.39) BACKGROUND Based upon resident complaints, the Building Official was directed to inspect the property at 5710 Ridge Road (see Site Location map - Exhibit A, attached). At that time it was discovered that an accessory building and deck had been constructed without a building permit and in violation of Shorewood zoning regulations. The owner of the property, Richard Hoyt, has since applied for a variance to allow the structures in question to remain in place. The applicant's property is zoned R-INS, Single-Family ResidentiallShoreland and contains 103,938 square feet of area (2.39 acres). The site is characterized by steep topography and heavy vegetation along the west side of the lot adjoining Christmas Lake. Existing lot coverage on the property is approximately 18 percent. As shown on Exhibit B a 24' x 24' deck has been constructed six feet from the ordinary high water mark of Christmas Lake. A one-story screen porch/storage building covers as much as 75 percent of the deck. Since the structure was built without a building permit, we have no plans to present as part of this report. Hopefully photographs attached herein which have been submitted by the applicant and one of the resident complainants (Exhibit C) will adequately portray the structures in question. Mr. Hoyt has submitted a letter (Exhibit D), accompanied by a map and photographs supporting his request. Given the difficulty of reproducing color photographs, the originals will be available for review at Tuesday night's meeting. ISSUES AND ANALYSIS Shorewood's Zoning Code requires that structures be located at least 75 feet back from the ordinary high water level of Christmas Lake. Exceptions to this setback requirement include docks and walkways necessary to access the shoreline. Walkways, including mechanical lift systems. are limited to four feet in width. Landings, as necess~_~e allowed to be upto)2 __ __________ A Residential Community on Lake Minnetonka's South Shore ~ Re: Hoyt, Richard Setback Variance 28 November 1995 square feet in area(4' x 8'). The applicant's property currently contains a stair system on the north side of the property which extends to approximately 21 feet from the lake. A small, nonconforming, 7' x 9' shed exists in the northwest comer of the lot, also 21 feet from the ordinary high water level of the lake. A mechanical lift system is located in the center of the lot. Criteria fQr Grantin~ a V ariance . The applicant's letter addresses the criteria for consideration of variances contained in Section 1201.05 Subd. 2. b. of the Shorewood Zoning Code. It is required that all of the criteria be met before a variance can be granted. This is governed by the City's Code as well as state law. 1. The. applicant cites topography as a special condition which precludes "reasonable access to and use of Christmas Lake". Although the lot is admittedly steep, it has two means of access from top to bottom - the stairs and the lift. With respect to use, the property is allowed to have a dock, just as less steep lots are. A case has not been made as to why residents on steep lots need to have decks and porches nearer the water than those with less steep lots. It is felt that Shorewood has, within its current code, provided for reasonable use of steep lakeshore lots by allowing walkway systems, landings and mechanical lifts. It should be noted that the home already has a large deck on its lake side. 2. The applicant cites numerous properties on Christmas Lake to the south of his that have structures too close to the shoreline. Assuming these structures were legally built, they are "grandfathered in" by the Zoning Code. The Code provides for nonconformities which existed prior to adoption of the Code to continue in existence as long as the use of the property is not expanded, intensified or altered. The applicant enjoys this right with respect to his utility shed. This right does not allow new nonconformities to be created, however. . The applicant also focuses on a relatively small cross-section of the Shoreland zoning district. Although several properties south of his have nonconforming lake structures, this does not necessarily characterize all of Christmas Lake or the other eight lakes which are subject to Shoreland district regulations. Property owners who do not currently have structures near the lake are not allowed to build near the lake. 3 . It is worth noting that while property owners with nonconforming structures enjoy a privilege not shared by those with conforming lots, this does not occur without restriction. Such properties are often limited in terms of building expansion, property subdivision, etc. Shore wood has established precedence in requiring the removal of nonconforming structures. On Christmas Lake alone, as a result of various zoning and subdivision actions, decks have been removed from the northerly shore, boathouses have been removed from the easterly, northerly and northwesterly shorelines of the lake. To grant a variance in this case would not be fair to those who were required to reduce or remove nonconformities. 4. Both the City Code and state statutes provide that the "hardship" faced by the owner can not have been brought about by the actions of the owner. There is no longer any excuse for building without a permit. If the applicant was not aware of the rules, his contractor should have been. Application for a building permit would have avoided the zoning violation. 2 . . Re: Hoyt, Richard Setback Variance 28 November 1995 RECOMMENDATION Shorewood has become increasingly interested in protecting the natural character of its lakes, wetlands and wooded areas. The type of structures cited by the applicant are undoubtedly what shoreland management regulations were intended to address. Granting a variance in this case would serve to proliferate the built environment rather than the natural character Shorewood values. Finally, the City has struggled with the old attitude that "it is easier to ask forgiveness than permission" with respect to building permits. The precedence of granting after the fact variances should be avoided. Based upon the preceding granting the variance is not advised. The applicant should be directed to correct the violation by 1 June 1996. cc: Jim Hurm Tim Keane Richard Hoyt 3 ?lIZ. 'l ~. OO'! 17 ('31l Zl~ 1<10 ( 5) ... ... ~ 16 Chris+m L S 1-,,-,1<,- (0) 4~ ,~ <I~ ( 5) 11' .... (A.Sl ~. 9' . . ;r ,", ~ ,1~' .:...- . .... ~:- ,-= . ~ ;...t1.46 ...... 17S Subject Site -" ,-' :3 (~IJ ...... '. " . . ..... ... JtUI'O.v.""." I /~ .;;:: -.;:.. I -,' ,/ /'.". ... (4) / / . . . . I . . V _::~ , I I / '4'.11 ~ S'~ ~ ~OT C ( 14) .,. .... North - ':(1) 5'3/G .t'J .~U :. ......... ~1$. 7 ......... 111 = 2001 .- :: ].....; C. ( 14) S //(,-1' La.J<.e... ~.- ,:-- :: ~;:; .. ....... .~ . .;,~ e .....- i\ ";) , .,' ~ .~ r--_____.~.... ......... ......-.... .~..~ ~1..!. ;. .................... : : .:t.- . ~'"1 ...... . ~ . \ ~..~. . 'oJ' ..,.'-. ::::. Exhibit A SITE LOCATION Hoyt - setback variance ,. ~~\ '.. ......, ...~.! r-'--____ ---.- I . 11 ';- i I. I 1'1 .: : , . I . .! Y' " . , . --q U~!i! I J jirl;~ I '" . 1" J I IIn' , I , " I I 1 . cl S It!Hl I J1 " :. 1 '" j .Ljp' I i ~ 11- ij . ~, " jJ Ii it ... I jj ~I . If I \;! j.iJ~t~ 1 r. >-' Wlil 1: ~! ;dl~l , ! .. .. ....------- ----..- '.. ';r. ..r... ~7 -- , '-. '- .-....... -"'--.. '- "- ~ , ", --~ " ~ ~ .~ ~ 0- ... ~ t ~ \..---'-'''- ~~ tE ~ . I' r-1.' o.......i Exhibit B PROPERTY SURVEY . E'lC j.t;lw\ .,,~! J J l-kW' J~,," /~....... J Exhibit C PHOTOGRAPH OF STRUCTURES IN QUESTION . . October 3, 1995 Bradley 1. Nielsen, Planning Director City of Shorewood 5755 Country Club Road Shorewood, MN 5531 Dear Mr. Nielsen, This letter summarizes my request and justification for a variance for the deck which I caused to be constnlcted on my property at 5710 Ridge Road in June 1994. The explanation of and request for this 69 foot set back variance from Christmas Lake is intended to conform to the requirements set forth in Section 1201.05 of the Shorewood Zoning Ordinance. Consistent with the required variance application procedure I have enclosed the following items: 1. Application form and fee ($300). 2. Survey currently showing location of deck in question, property boundaries and legal description, ordimuy high water mark, and natural features which affect buildability; namely topography. An additional survey, whi~h was requested the day after our meeting on September 6, 1995 will be completed this week and' contain the additional items required in paragraph I(b) of the Variance Application Procedure. This application will be supplemented upon completion and receipt of this most recent survey. , 3. Mailing list of property owners of land within 500 feet of 5710 Ridge Road, Shorewood, Minnesota. Section 1201.05 paragraph b. of the Shorewood Zoning Ordinance states: A variance from the terms of this Ordinance shall not be granted unless it can be demonstrated that: ( I) Special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structure or buildings in the same district. (a) Special conditions may include exceptional topographic or water conditions or, in the case of an existing lot or parcel of record, narrowness. shallowness or shane of the Exhibit 0-1 APPLICANT'S REQUEST LETTER Date 3 October 1995 property. (b) Special conditions and circumstances may not be primarily economic in nature. (2) Literal interpretation of the provisions of this Ordinance would deprive the applicant of rights commonly enjoyed by properties in the same district under the terms of this Ordinance. (3) The special conditions and circumstances do not result from the actions of the applicant. (4) Granting the variance requested will not confer on the applicant any special privilege that is denied by this Ordinance to other lands, structures, or buildings in the same district. . Consistent with the above Ordinance, it is my opinion that the requested variance is justified in order to make reasonable use of my property and that the requested variance is the minimum necessary for the following reasons: 1. The topography is such that (see enclosed survey and topographical map) it is impossible to build a deck anywhere else on the property so as to have reasonable access to and use of Christmas Lake. Variance for "exceptional topographic" conditions is allowed under paragraph 2 (b)( 1) of the Ordinance. . 2. Not granting this variance would deprive me of rights commonly enjoyed by properties in the same area within the District; namely, Ridge Road properties (see Ordinance, paragraph 2 (b )(2). As the attached pictures and property outline diagram indicate, essentially all properties along Ridge Road have decks. This is due entirely to the unusual topographical nature of Ridge Road properties, and the necessity to build structures which accommodate the steep terrain in order to have proximate enjoyment of Christmas Lake. Therefore, to not allow the requested variance would deny me rights enjoyed by essentially all other Ridge Road property owners. 3. Granting the variance would not confer on me any privileges that are not currently enjoyed by essentially all residents of Ridge Road who have similar structures (see Ordinance, paragraph 2 (b)( 4), as well as, attached property photographs and property line diagram which show that 13 of 18 nonconforming properties have decks or other structures as close or closer to Christmas Lake than mine). In addition to the reasons stated above, which are fully justified by a literal interpretation of the Ordinance, the following factors are additional substantiation for approval of this variance request. Exhibit D-2 . . 1. In 1977, when we moved into our new home at 5975 Ridge Road., I caused to have a deck built on.Christmas Lake. While somewhat smaller, that deck was similar to the one at 5710 Ridge Road. It was my Wlderstanding in 1977, as well as at the time that I built the deck in question, that such structures were permissible, given prior precedent based on the topographical nature of Ridge Road property. 2. In an attempt to make the current structure as unobtrusive as possible, which is currently concealed in the summer from 45 degrees right and left of center (see attached photographs of 5710 Ridge Road), I spent approximately $1200 dollars last summer to have numerous bushes and trees planted- in front and on each side of the deck to further obscure its presence. Consequently, in several years, the deck will be essentially hidden, even from the front. 3. The design of the roof over the porch portion of the deck is such that all runoff is diverted as far up the hill as possible (a maximum of approximately 40 feet) eliminating any possibility of erosion or lake contamination. Moreover, the bushes and trees which, while planted pIimarily for visual effect, also serve to obviate any adverse effects from precipitation. Please call if you have any questions or request any additional information or clarification regarding any aspect of this application. Sincerely, <:"" ~-r-<- cl-cv4- ~ L Richard C. Hoyt 7. Exhibit D-3 .... .-. ....... ....-... 0.__ ... - , ...... .~ IIt<.AII'F" . .., SIt'. LA ~.. Exhibit D-4 . 45 Degrees Right of Center . r "'1 ~ U1 1'1 ...... 0 ..... ::2 I 0 n ~ <: ...... p. III <Q ~ (\) 6' SlJ ~ P- I .~. . Tram-Looking Up Hill 5710 Ridge Road Exhibit D-6 . tT1 ;>< ::r .... 0" .... ...... o I -.l . Ul --J --J Ul 0 --J w ::0 0 .... ~ Q. lQ Po tD lQ tD ::0 ~ 0 J)l ~ Q. .,...........,..........- , ..--- . tI1 >< ::r ..... 0- ..... ~ I I I I i ..~""'~.. VI ro N 0 ~. VI P. ro \Q I-' (D 0 iY fl. I>> P. P. \Q (D 6' I>> P. 5890 Ridge Road 5920 Ridge Road Exhibit D-9 . 5840 Ridge Road . 5860 Ridge Road Exhibit D-10 5950 Ridge Road . 5975 Ridge Road ,; . Exhibit D-ll 5980 Ridge ROad . 6030 Ridge Road Exhibit D-12 0'1 ..... ~ 0 p'. .8' (1) 0'1 ..... 't1 ..... \II 0 P, pt. P, \.Q (1) 't1 \II P, trl >< e: 0" ..... ..... o I ..... W . i I I ! . tI1 ~I 8':j ...... I o I ..... ~ . . .. ~ a ~ ~ (l) ~ IV Po ,,4 PLANNING COMMISSION MINUTES December 5, 1995 - PAGE 4 . a period of time to ensure it is not a fluctuation due to weather conditions. With respect to drainage, Nielsen noted the City of Shorewood's policy is that any new development has to accommodate their own drainage and the run-off after development cannot exceed the run-off before development. The comprehensive plan also addresses the quality of water and requires the installation of NURP ponds to ensure the water leaving the site is as clean as possible. Nielsen noted by utilizing the P.U.D. in this project, each site would be custom designed to fit the specific site and mass grading will not be required. There may be some minimal grading required associated with creating the NURP ponds. The storm water and sewer plans will need to be provided as part of the development stage plan. Nielsen stated there is no minimum parcel size required for this P.D.D. Nielsen explained the wetland setbacks may be increased to keep building further from the pond. This will leave more natural ground between the structure and the pond and create less disturbance to the slopes and less clearing of vegetation. Nielsen noted Footprint Lake is a pond and not a lake and he was unclear as to the limits which could be placed on outboard motor size. He indicated he would discuss this point with the City Attorney. Nielsen stated in the P.D.D. process the public hearings are conducted at the Planning Commission level. He noted comments could be submitted in written form to the City Council but would need to be received by December 7, 1995 to be included in the packet for the next meeting. Commissioner Kolstad questioned if lot 4 had sufficient buildable area to support a house and who. would be responsible for maintaining the cul-de-sac. Nielsen stated there was sufficient area while conforming with the R-IA setback requirements and the cul-de-sac was a City street. Commissioner Kolstad expressed concern with the small size of lot 4. Commissioner Lizee questioned the sight lines from the cul-de-sac and if there would be pond access for all lots. She stated she would prefer lot 4 have no direct access onto Manor Street but have access from the cul-de-sac. Nielsen reported the engineer was satisfied with the sight lines from the cul-de-sac. Mr. Norby stated the issue of access to the pond had not yet been resolved. Commissioner Turgeon asked if the house on lot 2 would maintain a distance of 50 feet from the small inland wetland area. Nielsen confirmed it did. . Chair Rosenberger expressed his concern with the lot sizes. Turgeon moved, Kolstad seconded to recommend to the Council that it approve the Concept Stage Plan for Bill Blegen, 20295 Manor Road subject to staff recommendations and site plan consideration of access to Manor Road for Lot 4. Motion passed 4/0. The Council will consider the recommendation at its December II, 1995 meeting. Chair Rosenberger recessed the meeting at 8:19 p.m. and reconvened at 8:24 p.m. 3. 7:30 PUBLIC HEARING - SETBACK VARIANCE :, 5710 Ridge Road Chair Rosenberger announced the case and outlined the procedure for a public hearing. Nielsen explained Mr. Hoyt owns the property located at 5710 Ridge Road.' on Christm~ L~e. Nielsen noted the Building Official was directed to inspect the property based on neIghbor complamts In regard to a deck structure and a screened porch. It was determined these structures wer~ constru~ted wi!hou~ a building permit and are in violation of the zoning regulations of the R-IA1S, SIngle-FamIly ResIdentI~ ShuldallJ Malla~C;lll~nt Gnidelines.-'fhe- pIOpcrty-contains 103,938 square feet--of area -and IS ",- PLANNING COMMISSION MINUTES December 5, 1995 . PAGE 5 characterized by steep topography and heavy vegetation. The existing lot coverage is 18%. A 24 foot by 24 foot deck has been constructed six feet from the ordinary high water mark of Christmas Lake with a one-story screen pon=h I storage building covering as much as 75% of the deck. There is an existing stair system, a shed and a mechanical lift station also located on the lot. Nielsen noted Mr. Hoyt has submitted a letter and photographs which he feels support his request to allow a variance for the deck structure. Nielsen explained Shorewood's Zoning Code requires Structures be located 75 feet back from the ordinary high water level of Christmas Lake in addition to bluffline setbacks with the exception of docks and walkways necessary to access the shoreline. Mr. Hoyt cites topography as a special condition which precludes "reasonable access to and use of Christmas Lake". Staff feels the lot is steep but it has two means of access to allow use of the dock and no case has been made as to why residents with steep lots need to have decks and porches nearer the water than those with less steep lots. The house also has a large deck system on the top of the hill. The applicant cites numerous properties to the south of his that have structures too close to the shoreline. The Zoning Code provides for non-conformities which existed prior to adoption of the Code to continue in existence as long as the use of the property is not expanded, intensified or altered. The applicant is also focusing on a relatively small cross-section of the Shoreland . zoning district. There are also eight other lakes which are subject to the Shoreland district regulations. The regulations intent is to keep the shoreland looking as natural as possible. To grant a variance in this case would convey a privilege not enjoyed by others. The intent of the City has been to remove non- conforming structures rather than allow more. A number of non-conforming structures have been required to be removed from Christmas Lake. Both the City code and state statutes provide that the "hardship" faced by the owner can not have been brought about by the actions of the owner. There was not a building permit issued for this deck. The contractor should have been aware of the necessity of a building permit. Nielsen noted the City has just updated the comprehensive plan and one goal of that plan was to protect the natural characteristics of the woodlands and shorelands. To grant a variance in this case would serve to proliferate the built environment rather than the natural character ShorewoQd values. Nielsen indicated staff is recommending denial of the variance request. Richard Hoyt, 5710 Ridge Road, acknowledged he had built the deck without a building permit but he had not been aware a permit was necessary. He stated he felt the uniqueness of the property justifies the granting of a variance. He stated he understood the philosophy and legitimate interest of preserving the . environment but noted that he had gone to an extreme extent to design the roof of the porch portion of the deck so all runoff is diverted as far up the hill as possible and landscaped on all three sides. This had been done in an endeavor to preserve the serenity of Christmas Lake. He stated the deck can hardly be seen from either side and within a year or two, the bushes and trees will totally obscure the deck. He noted the topographic features are another reason for granting the variance. The topography creates a problem of enjoying the lake. He stated you can get down to the lake but are unable to do anything down there. He noted his property is 110 feet above the lake and his home is 300 feet from the shoreline. He does not feel granting the variance will afford him any privilege not enjoyed by others. If the variance is not granted it will deny him reasonable use of his property. Chair Rosenberger entered a letter received by Nancy Thompson Ulvestad and Rolf F. Ulvestad, 5730 Ridge Road into record. Chair Rosenberger opened the public hearing at 8:42 p.m. Kevin Kuester, 5885 Christmas Lake Road, stated there are those that like these structures, those who don't. He has lived in the area for seven years and there has always been a balance. He noted whatever decision was made tonight will result in more or less of these structures. He stated this was what the Commission needed to consider more than anything. "..... PLANNING COMMISSION MINUTES December S, 1995 . PAGE 6 Chair Rosenberger closed the public hearing at 8:43 p.m. Commissioner Kolstad asked if the other properties on Christmas Lake had these structures before the zoning changed and when the setbacks had been changed. Nielsen stated he felt this was the case. He noted Christmas Lake is a difficult area to monitor as there is no access to the lakeshore. There have been various complaints at various times and some structures have been required to be removed. If a complaint is received the City will investigate and try to deterrniile when the structure was built. He stated the 50 foot setback has been in place since at least 1973. The newer shoreland management guidelines of a 75 foot setback have been in place since 1985. The Shoreland Guidelines were amended last year to include the bluff impact zone. Commissioner Kolstad asked if there had been a situation similar to this where a resident had been asked to remove a structure. Nielsen indicated he could recall only one such situation which involved a gazebo on Lake Minnetonka. Commissioner Kolstad reported she did view the deck on site and acknowledged Mr. Hoyt had gone to great lengths to hide the deck with vegetation and landscaping. She stated there was a deck to the south and many others along the shoreline that were the same as Mr. Hoyt's. She did not feel his deck would alter the character of the area. . Commissioner Turgeon stated she had also visited the site and agreed with Commissioner Kolstad. Her only difficulty was in setting a precedent not only on Christmas Lake but on all the lakes. The decks to the right and left of the property could have been put in long ago and are "grandfathered in". She stated there was no hardship. Mr. Hoyt has access to the lake. He is not being denied a privilege afforded to others. The topography is similar in the lots all many of the lots along the side of the lake and those residents are not allowed to build a deck either. Chair Rosenberger stated he felt a variance would not have been granted even if Mr. Hoyt nad approached the Commission before building the deck. He stated the issue of whether the property could be put to a "reasonable" use was open for debate. A structure that close to the lake would alter the character of the area. He stated he understood the neighbors had similar decks. If these are non- conforming, these residents would also be asked to support a variance. He stated he had difficulties supporting the variance. Commissioner Kolstad stated she had difficulties with the term "reasonable use". Nielsen indicated this . term was somewhat subjective. Turgeon moved, Lizee seconded to recommend to the Council that it deny a setback variance for Richard Hoyt, 5710 Ridge Road and the applicant correct the violation by June 1, 1996. Motion passed 4/0. The Council will consider the recommendation at its December 11, 1995 meeting. Mr. Hoyt asked if he could have time to determine some alternatives. Nielsen explained the procedure for having the item removed from the December 11, 1995 City Council agenda. Mr. Hoyt's request will be considered at the February 26, 1996 Council meeting. 4. 7:45 PUBLIC HEARING . SETBACK VARIANCE AND VARIANCE TO EXPAND A NONCONFORMING STRUCTURE Applicant: Location: Karla Peterson 21095 Forest Drive Chair Rosenberger announced the case and outlined the procedure for a public hearing. November 03, 1995 Bradley J. Nielsen, Planning Director City of Shorewood 5755 Country Club Road Shorewood, Mn 55331 . Dear Mr. Nielsen, We are writing to inform you of our support for the variance requested by Richard C. Hoyt, with respect to the structure on his property. We have no objections to the structure in question, in fact we are pleased with the improvements the Hoyt's have made to our adjoining property, and appreciate the great care they have taken to consider both environmental as well as aesthetic concerns. . Please feel free to contact us with any questions. We are confident that as in the past, any project that Richard Hoyt is involved in will be completed with integrity and great care. Sincerely, \ f\0v~~\~w ~jt Nancy Thompson Ulvestad Rolf F. Ulvestad . ~ \\ A L~u~~ ~ STATE OF ~~~~.@U~ DEPARTMENT OF NATURAL RESOURCES PHONE NO. FILENO, METRO WATERS, 1200 WARNER ROAD, ST. PAUL, MN 55106 772-7910 December 15, 1995 Mr. Brad Nielsen City of Shorewood 5755 Country Club Road Shorewood, MN 55331-8927 '. RE: Richard Hoyt Variance Application, (City #405 (95.39)), Christmas Lake (27-137W), City of Shorewood, Hennepin County Dear Mr. Nielsen: We have reviewed the Richard Hoyt variance request (received December 11, 1995) for 5710 Ridge Road and we recommend denial of the variance request for the following reasons: 1. The deck and screen porch do not conform to the set back from Christmas Lake required by the shoreland standards of the City of Shorewood. . 2. There are reasonable alternatives available to placing the deck and screen porch within the setback of Christmas Lake. The lot is very large and the deck and screened porch could easily be built adjacent to the existing house. 3. Mr. Hoyt has not demonstrated that hardship exists 'for his lot. The approval of a variance due to hardship should be based on the following prerequisites: A. The proposed use is reasonable. B. It would be unreasonable to require conformance with the ordinance. Practical difficulties due to "functional and aesthetic concerns" and economic considerations alone do not constitute practical difficulty. C. The difficulty of conforming to the ordinance is due to circumstances unique to the property, such as peculiar topography. The steep slopes on the Hoyt property are ~nmmnn to the majority of lots on Ridge Road, the steep slopes do not justify the granting of the variance. t.N EQUAL OPPORTUNITY EMPLOYER Mr. Brad Nielsen December 15, 1995 Page 2 D. The problem must not be created by the landowner. E. The variance, if granted, must not alter the essential character of the locality. In accordance with the city ordinance, the Department should be advised of the action taken on this request within 10 days of final action. Thank you for the opportunity to comment on this variance. Should you have any questions please contact me at 772-7910. ~t Sincerely, ,~~r2-~~ Joe Richter Hydrologist c: City of Shorewood Shoreland File Ed Fick, Shore land Hydrologist Dale Homuth, Regional Hydrologist tJ~: C1; H . . . FIRST AMENDMENT TO LEASE THIS FIRST AMENDMENT TO LEASE by and between the City of Deephaven, the City of Excelsior, the City of Greenwood, the City of Shorewood and the City of Tonka Bay (the "Landlord") and the Friends of the South Lake Minnetonka Senior Community Center (the "Tenant") for the Southshore Senior/Community Center (the "Center") dated the_day of . 1995 (the "Lease") is made this _ day of . 1995, as follows: At least 60 days prior to commencement of construction of the Center, Tenant shall prepare proposed rules and procedures for the use and operation of the Center and shall submit them to Deephaven for review and approval. If Tenant and Deephaven are unable to agree upon the rules and procedures, the disagreements shall be addressed in the manner provided in Section 34 of this Lease. If Tenant wishes to amend or modify the rules and procedures it shall submit the changes to Deephaven for review and comment. LANDLORD: CITY OF DEEPHAVEN By: Its: City (Clerk) Administrator By: Its: Mayor CITY OF EXCELSIOR By: Its: City Manager By: Its: Mayor CITY OF GREENWOOD By: Its: City (Clerk) Administrator By: ITS: Mayor ~ ~ . . LEASE TInS LEASE, made this _ day of , 1995, between the City of Deephaven, the City of Excelsior; the City of Greenwood, the City of Shorewood, and the City of Tonka Bay (the "Cities"), operating under that certain Cooperative Agreement for the Southshore Senior! Community Center dated -' 1995, hereinafter collectively referred to as "Landlord," and The Friends of South Lake Minnetonka Senior Community Center, a Minnesota nonprofit corporation with tax-exempt status pursuant to ~~ 170(c)(2) and ~ 501(c)(3) of the Internal Revenue Code of 1986, hereinafter referred to as ''Tenant.'' RECITALS WHEREAS, the Cities desire to provide a Center for use by senior citizens for education, cultural participation, socializing, recreation, arts, crafts, music and similar programs of enrichment; and WHEREAS, the Cities desire that the Landlord undertake its best efforts to make the Center widely available to all citizens and residents; and WHEREAS, the Cities desire to provide a congregate dining facility to serve the needs of senior citizens; and WHEREAS, the Cities desire to provide a facility to be used by citizens for municipal use, community organizations, meetings, banquets, receptiops, reunions and similar public and private activities; and WHEREAS, the Cities desire to combine their resources to ensure the development, construction, and completion of the Center. NOW, THEREFORE, the parties do hereby agree and covenant as set forth below: IN CONSIDERA nON OF the mutual covenants and promises as hereinafter set forth, the parties agree as follows: 1.) premises. Landlord hereby leases to Tenant and Tenant takes from Landlord, subject to the terms and conditions of this Lease, a building and land situated at 5735 Country Club Road, containing approximately 26,000 square feet of space and legally described on Exhibit A attached hereto ("Premises"), together with a permanent easement for the non-exclusive use of forty-seven (47) parking stalls, entrances, restrooms and exits adjacent to the Premises, all of which are located on a parcel of land hereinafter referred to as the "Property." 2.) :rmn. The term of this Lease shall commence on , 1995 ("Commencement Date") and shall terminate on the earlier of (i) the twenty-fifth (25th) anniversary of the Commencement Date; or (ii) the mutual agreement of Landlord and Tenant that the useful life of the Premises has expired. The Term may be extended by the Tenant for up .., to four (4) successive periods of five (5) years each commencing upon the expiration of the Term. If Landlord and Tenant disagree as to whether the useful life of the Premises has expired, the disagreement shall be determined by Dispute Resolution in accordance with Article 34 herein. The Lease may be terminated upon the occurrence of any of the following: (1) insolvency or dissolution of Tenant; or (2) the decision to terminate approved in writing by two-thirds of the Cities. Written notice of termination shall be provided to each of the Cities and to the Tenant, thirty (30) days in advance of the effective date of such termination. 3.) Nature of Occupancy. Tenant shall use the Premises for use by senior citizens for educational and recreational activities, including, but not limited to, arts, crafts, music and other various programs of enrichment. The Center shall also be used by citizens for banquets, . receptions, reunions and other public and private events and other community-based activities such as those commonly provided at community centers throughout the area. The Premises are leased for the operation of a senior/community center or such other purpose as Landlord agrees to in writing and which shall be allowable under applicable zoning and use restrictions of the City of Shorewood, County of Hennepin, State .of Minnesota. Tenant shall obtain prior approval from the City of Shorewood or its designee before scheduling events in which the occupancy of the Premises exceeds one hundred (100) persons. 4.) .&mi. Tenant agrees to pay to Landlord as rent for the Premises a yearly rental of One and 001100 Dollars ($1.00), which rental shall be payable in advance on the Commencement Date and each anniversary of the Commencement Date during the term of this Lease. 5.) Taxes and Assessments. As additional rent, Tenant shall pay all of the real estate taxes and special assessments levied against the Property and any other taxes levied against the Property which shall become due and payable during the term of this Lease. In addition, Tenant shall pay any personal property taxes and all other taxes or charges levied or assessed against . Tenant or the personal property or fIXtures owned by Tenant. 6.) Utilities. As additional rent, Tenant shall pay all the charges for all public utility services rendered or furnished to the Premises, including, but not limited to, heat, air conditioning, water, gas, electricity and sewer, garbage or waste rem.oval, telephone and any other expenses arising out of or incidental to the use and occupancy of the. Premises. 7.) {p.surance. As additional rent, Tenant agrees to provide and keep in force during the term of this Lease the following insurance coverage: (a) Fire and all risk insurance in some insurance company or companies authorized to do business in the State of Minnesota in an amount not less than the full insurable value of the building and other improvements on the Premises, and in any event with an agreed value endorsement, and to keep such insurance in full force and effect for and during the time any buildings and improvements are located on the Premises during the term of this 2. . . Lease. The coverage shall include all risks commonly insured against by prudent institutional investors for properties similar to the Premises in the Minneapolis area. For the purpose hereof "Full Insurable Value" shall mean the replacement cost of the improvements without allowance for depreciation, but excluding footing, foundations, and other portions of improvements which are not insurable. Such policy or policies shall insure Landlord, Tenant, and any tenants and subtenants of any portions of the building not occupied by Tenant. (b) Public liability and property damage insurance with limits of not less than $1,000,000.00 for injury and death to anyone person, and $3,000,000.00 for injury or death in anyone accident or occurrence including property damage, insuring Landlord and Tenant, and with a cross-liability endorsement covering claims by an insured against another insured. All policies required by this paragraph shall be carried in such companies as reasonably approved by Landlord and Tenant. All such policies shall not be subject to cancellation or material modification except after thirty (30) days written notice to Tenant, Landlord and Landlord's mortgagee, if any, and each policy shall so provide. All policies required hereunder shall be obtained by Tenant.. Tenant shall not carry any stock of goods or do anything in or about the Premises which will impair or invalidate the obligation of any policy of insurance on or in reference to the Premises or the building. Tenant agrees to pay upon demand, as additional rent, any increase in premiums for insurance that may be charged during the term of this Lease on the insurance to be carried by Tenant on the Premises or the building, resulting solely from any increased risk associated with the business carried on in the premises by Tenant or materials stored therein or uses made thereof. As and if required due to failure of Tenant to act, Landlord shall purchase all insurance as set forth in this Lease. Tenant shall immediately reimburse Landlord for the cost of said insurance. Tenant shall make monthly payments in an amount which is sufficient to pay the next annual insurance premium when said premium is due. Landlord shall not be required to pay any interest on amounts escrowed pursuant to this provision. 8.) R~airs. Maintenance and A1te~ations. Tenant agrees to maintain the Premises in good order, condition and repair during the term of this Lease, including plowing and maintenance of the parking area referred to in Paragraph 1 above. Tenant shall repair or replace at its own expense any improvement or part thereof on the Premises necessary to so maintain it, and to return the Premises at the end of the term of this Lease in the same condition as it was received, reasonable wear and tear, casualty losses and acts of God excepted. Any improvements, expansion or structural modifications made by the Tenant to the Premises shall become the property of the Landlord at the termination of the Lease. 9.) Compliance with Laws and Re~lations. Tenant shall comply with all statutes, ordinances, rules, orders, regulations and requirements of all federal, state, city and local governments and their agencies. 3. 10.) ~. Tenant shall have the right to install and maintain signs advertising Tenant's business, provided the signs conform to law and to the requirements of all appropriate governmental authorities and are located in areas designated by Landlord and the design, size and color of said signs are approved by Landlord in its reasonable judgment. 11.) Eminent Domain. If the Premises, or so much of the Premises as to render the remainder unsuitable for Tenant's purposes, is taken by any public authority under its power of eminent domain, or by private purchase in lieu thereof, then this Lease shall terminate upon the date possession of the Premises is surrendered. All damages and awards shall be made to the Landlord. If less than the entire Premises is taken and Tenant's business is not interfered with thereby, Landlord shall restore or rebuild the remaining portion to render it reasonably suitable for Tenant's purposes, and this Lease shall continue for its full term. Nothing in this paragraph, however, shall be construed to permit the abatement in whole or in part of any charges or obligations of Tenant. 12.) Destruction of Premises. Tenant shall give immediate notice to Landlord of any . damage to or destruction of the Premises. If the Premises are either totally or partially destroyed by fIre or other casualty, the Lease shall terminate unless otherwise agreed to in writing by Landlord. 13.) Subleasini or AssiiDm(fnt. Landlord reserves the right to assign this Lease at any time. Tenant may sublease, sell, assign or transfer any part of its interest in this Lease or its term only with the prior written consent of Landlord. In any event, upon the making of a sublease or assignment of its interest, Tenant shall remain liable on all its obligations hereunder unless expressly released therefrom by written notice signed by Landlord. 14.) Default. The following shall each be deemed to constitute a default by Tenant and a breach of this Lease: (a) Failure to pay when due the rent or any part thereof, provided in Paragraphs 4 through 7. (b) Failure to perform all other terms, covenants and conditions of this Lease required to be performed by Tenant, within ten (10) days after notice of breach and request for performance is given by Landlord. (c) The abandonment of the Premises by Tenant, the adjudication of Tenant as a bankrupt, the making by Tenant of a general assignment for the benefit of creditors, the taking by Tenant of the benefit of any insolvency act or law, the appointment of a permanent receiver or trustee in bankruptcy for the property of Tenant, or the appointment of a temporary receiver which is not vacated or set aside within sixty (60) days from the date of such appointment. (d) Failure of the Tenant to use the Premises as provided in Paragraph 3. . 4. . . 15.) 'l'ermj.nation for Default. In the event of default by Tenant, Landlord shall have the right to cancel and tenninate this Lease without notice and to institute appropriate proceedings to recover possession of the Premises. This right is in addition to and cumulative of any other right or remedy Landlord may be given under this Lease or by applicable law. Landlord may recover possession of the Premises without tenninating this Lease. Failure or refusal of Landlord to tenninate this Lease in the event of default shall not be deemed to be a waiver of its right to tenninate this Lease at any time for said default or any subsequent default by Tenant. 16.) DelinQpent Rental and Other Charges. Notwithstanding any other remedy which Landlord may pursue, if Tenant defaults, in whole or in part, in the payment of rent, taxes, assessments, utilities, insurance, or any other charges, Landlord may obtain judgment for any unpaid rentals and other charges which have become payable, or which may thereafter become payable; Tenant agrees to reimburse Landlord for all costs and expenses, including reasonable attorney's fees, incurred by Landlord in collecting such rent and/or other charges. 17.) Breach of Covenants. Notwithstanding the existence of any other remedy which Landlord may pursue, if Tenant defaults in any of its obligations arising out of this Lease, Landlord shall have the right to pay said obligation and Tenant hereby agrees to reimburse Landlord for all costs and expenses, including reasonable attorney's fees, incurred by it in protection of its interest hereunder, and Tenant agrees to pay interest at the rate of ten percent (10%) per annum to Landlord on all costs and expenses incurred, commencing with the date of notice to Tenant of Landlord's discharge of any of its obligations. 18.) Indemnification. The Tenant agrees to indemnify and save harmless the Landlord from any and all claims by and on behalf of any persons, firms or corporations, arising from the conduct or management of, from any work or thing whatsoever done by or on behalf of the indemnifying party in or about, or its activities upon or occupancy of, the Premises during the term of this Lease, and will further indemnify and save the other party harmless against and from any and all claims arising from any breach or default on the part of the indemnifying party in the performance of any covenant or agreement on the part of such indemnifying party to be performed pursuant to the terms of this Lease, or from any violation or failure to comply with any law, ordinance or regulation, or from any act or negligence of such party, or any of its agents, contractors, servants, employees, licensees, or invitees or arising from any accident, injury or damage whatsoever caused to any person, f1IlI1 or corporation, occurring during the term of this Lease, in or about the Premises, or upon or under the sidewalks and the land adjacent thereto, and from and against all costs, reasonable and necessary counsel fees, expenses and liabilities incurred in or about any such claim or action or proceeding brought thereon; and in case any action or proceeding be brought against the one party by reason of any such claim, 5. the indemnifying party upon notice from the indemnified party covenants to contest or defend such action or proceeding by counsel reasonably satisfactory to the indemnified party. 19.) Quiet Enjoyment. Landlord covenants that Tenant, upon payment of rent and all other sums due Landlord and upon performance by Tenant of the terms, conditions and covenants of this Lease, Tenant shall peaceably and quietly have, hold and enjoy the Premises for the entire term of this Lease; Landlord further covenants that it has good right to make this Lease for its entire term. 20.) Rig-ht of Inspection. Landlord shall at all times have the right to enter upon the Premises to inspect its condition, and at its election, to make reasonable and necessary repairs thereon for the protection and preservation thereof, but nothing herein shall be construed to require Landlord to make such repairs, and Landlord shall not be liable to Tenant, or any other . person or persons, for failure or delay in making said repairs, or for damages or injury to person or property caused in or by the making of such repairs, or the doing of such work. Landlord shall have the right during the last sixty (60) days of the term of this Lease to advertise the Premises for rent and to place and maintain on the Premises the usual notices and to show the Premises to prospective tenants. 21.) Notices. All written notices required shall be given by certified mail to the parties at the addresses stated below: If to Landlord: City Clerk City of Deephaven 20225 Cottagewood Road Excelsior, MN 55331 City Clerk City of Excelsior 339 Third Street . Excelsior, MN 55331 City Clerk City of Greenwood 20225 Cottagewood Road Excelsior, MN 55331 City Clerk City of Shorewood 5755 Country Club Road Shorewood, MN 55331 . 6. City Clerk City of Tonka Bay 4901 Manitou Road TonkaBay, MN 55331 With a copy to: LARKIN, HOFFMAN, DALY & LINDGREN, Ltd. 1500 Norwest Financial Center 7900 Xerxes Ave. S. Bloomington, MN 55431 Attn: TiIllothy J. Keane, Esq. If to Tenant: The Friends of South Lake Minnetonka Senior Community Center % Ben Withhart 10709 Wayzata Blvd, Suite 111 Minnetonka, MN 55305 . . 22.) Suborqination. Tenant hereby agrees that this Lease shall be subordinate to the lien of any mortgage hereinafter imposed upon the Premises by Landlord. Tenant also agrees to execute an estoppel certificate in reasonable form and substance if requested by Landlord or any mortgagee with respect to this Lease. 23.) Holdini Over. Upon termination of this Lease, Tenant shall vacate the Premises. If Tenant continues in possession of the Premises after termination, the tenancy of Tenant shall be from month to month oi11y, and all other terms and conditions of this Lease shall remain in full force and effect. 24.) Bindinf: Effect. Except to the extent otherwise provided herein, this Lease and the terms, conditions and covenants contained herein shall be binding upon and inure to the benefit of Landlord and Tenant, and their respective successors, heirs and legal representatives and assigns. 25.) Governini Law. This Lease shall be constroed under and governed by the laws of the State of Minnesota. 26.) Severability. In the event any provision of this Lease shall be found invalid or unenforceable, that provision shall be severed from this Lease, and the remaining portions hereof shall continue in full force and effect pursuant to their terms. 27.) Entire A~eement. This Lease contains the entire agreement between the parties, and any amendment hereafter made shall be ineffective to alter, modify or discharge any provision hereof unless the amendment is in writing and signed by the party against whom enforcement is sought. 28.) Attorneys' Fees. If Landlord has to enforce any term or provision of this Lease, including but not limited to any unlawful detainer proceeding, Landlord shall be paid its reasonable attorneys' fees, costs and disbursements by Tenant and said monies shall be deemed additional rent due under this Lease. 7. 29.) &nt. All monies due from Tenant under the tenns and conditions of this Lease shall be deemed to be additional rent due under this Lease. 30.) Tena:qt Improvements. Any improvements made by Tenant to the Premises, except trade ftxtures, shall become the property of Landlord at Landlord's option at the termination of the Lease. If Landlord does not choose to own said improvements at the termination of the Lease, Tenant shall remove said improvements at Tenant's sole cost and expense. 31.) Net Lease Intel}.ded. It is the intention of the parties that Landlord shall receive the cash rental specifted herein as net rental, free from all taxes, charges, expenses, damages and deductions of every description, except as set forth herein. Under no condition shall the Landlord be required to make any payment of any kind whatsoever or be under any obligation or liability hereunder, except as herein expressly set forth. 32.) Waste: No Lien~. Tenant agrees not to do or suffer any waste to the Premises, or cause, suffer or permit any liens to attach to or to exist against the Premises by reason of any act or omission of Tenant or persons claiming through Tenant or by reason of its failure to perform any act required of it hereunder and Tenant shall not permit the Premises to be used for any . illegal purpose. Provided, however, Tenant shall not be required to payor discharge any lien against the Premises so long as Tenant has given Landlord notice of its intent to contest such lien and Tenant is in good faith contesting the validity or amount thereof and has given to Landlord such security as Landlord has reasonably requested to assure payment of such lien and to prevent the sale, foreclosure or forfeiture of the Premises by reason of non-payment. On ftnal determination of the lien or claim of lien Tenant shall immediately pay any judgment rendered, and all costs and charges, and shall cause the lien to be released or satisfied. Tenant shall not use or permit the use of the Premises in any manner which would result or would with the passage of time result in the creation of any easement or prescriptive right. Tenant shall not use or occupy the Premises, or knowingly permit them to be used or occupied, contrary to any statute, role, order, ordinance, requirement or regulation certiftcate of occupancy affecting the same, or which would make void or voidable any insurance then in force with respect thereto or which would make it impossible to obtain ftre or other insurance thereon required to be furnished hereunder at Tenant's expense, or which would cause structural injury to the improvements or cause the value or usefulness of the Premises, or any portion thereof, substantially to diminish (reasonable wear and tear excepted), or which would constitute a public or private nuisance or waste, and Tenant . agrees that it will promptly, upon discovery of any such use, take all necessary steps to compel the discontinuance of such use. 33.) Headin~s. The headings used in this Lease are for convenience only and shall not have any bearing or meaning with respect to the content or context of this instrument. 34.) Di$pute R.~lution. In the event the parties to this Agreement cannot agree on the proper method of conducting business or operation, improvement and maintenance of the Premises, the parties or outside parties may submit the issues for resolution in the following order: First, as a grievance to Tenant with a recommended course of action or a grievance of Tenant to Landlord with a recommended course of action; and Second, grievance submitted to a panel consisting of a representative of Tenant and a representative selected by each City comprising the Landlord; and Third, grievance submitted to the same panel described above in mediation with a mediator from West Suburban Mediation Services or a mediator agreed on by the parties. e. . ' . . The cost of mediation services shall be shared equally by all parties. 35.) T~nninatiop. Landlord shall have the right to terminate this Lease without cause upon thirty (30) days written notice to the Tenant. 36.) Excess Funds. Upon completion of construction of the Center, excess funds shall be held in a restricted capital reserve account for the purpose of repairs and capital replacement of the Center. This account shall be controlled by. the Friends, however, no expenditure in excess of $5,000 shall be made without the approval of a majority of the Cities. This reserve is not intended for day-to-day maintenance such as snow removal, routine building maintenance and cleaning or other operating costs. 37.) Livntation OQ Right ofR~ove1Y A~ainst Landlorq. Tenant acknowledges and agrees that the liability of Landlord under this Lease shall be limited to its interest in the Premises and any judgments rendered against Landlord shall be satisfied solely out of the proceeds of sale of its interest in the Premises. No personal judgment shall lie against Landlord upon extinguishment of its rights in the Premises and any judgment so rendered shall not give rise to any right of execution or levy against Landlord's assets. The provisions hereof shall inure to Landlord's successors and assigns including any Mortgagee. The foregoing provisions are not intended to relieve Landlord from the performance of any of Landlord's obligations under this Lease. but only to limit the personal liability of Landlord in case of recovery of a judgment against Landlord; nor shall the foregoing be deemed to limit Tenant's rights to obtain injunctive relief or specific performance or to avail itself of any other right or remedy which may be awarded Tenant by law or under this Lease. 38.) Permits. Tenant shall diligently seek and, upon issuance, maintain in force and effect all permits, licenses, and similar authorizations to use the Premises for the purposes set forth herein required by any governmental authority having jurisdiction over the use thereof. Landlord shall, at Tenant's request, join with Tenant in executing, acknowledging, and delivering any and all petitions, consents, applications, approvals, reviews, easements, or similar documents that may be required for the installation of any improvements, utilities, public improvements, roads, water lines, sewer lines, storm drainage facilities, subdivision, rezoning, special use, platting, or other similar development, construction and operation of the Premises. IN WITNESS WHEREOF, Landlord and Tenant have respectively signed this Lease as of the date first above written. LANDLORD: CITY OF DEEPHA YEN Dated: By: Its: City (Clerk) Administrator Dated: By: Its: Mayor 9. CITY OF EXCELSIOR Dated: By: Its: City Manager Dated: By: Its: Mayor CITY OF GREENWOOD Dated: By: Its: City (Clerk) Administrator Dated: By: . Its: Mayor CITY OF SHOREWooD Dated: By: Its: City (Clerk) Administrator Dated: By: Its: Mayor CITY OF TONKA BAY , . Dated: By: Its: City (Clerk) Administrator Dated: By: Its: Mayor TENANT: THE FRIENDS OF SOUTH LAKE MlNNETONKA SENIOR COMMUNITY CENTER By: Its: 10. .- . . LEASE AGREEMENT EXmBIT A DESCRIPTION OF PARCEL TO BE DEEDED TO THE SENIOR COMMUNITY CENTER That part of Lot 12, Block 2, ECHO Hll..LS 2ND ADDmON, and of Lot 27, Auditors Subdivision 133, according to the plats on file in the office of the County Recorder, Hennepin County, Minnesota, described as follows: Commencing at a point in the centerline of Smithtown Road distant 645.00 feet easterly from an intersection of the northerly extension of the west line of said Lot 27 with said centerline; thence southerly parallel with the west line of said Lot 27 a distance of 34.19 feet to the point of beginning of the land to be described; thence South 00 degrees 29 minutes 57 seconds East, assumed bearing, along a line parallel with the west line of said Lot 27 and the west line of said Lot 12 a distance of 104.00 feet; thence South 76 degrees 20 minutes 42 seconds East 45.00 feet; thence South 15 degrees 30 minutes 36 seconds East 45.00 feet; thence South 76 degrees 20 minutes 42 seconds East 57.05 feet; thence North 66 degrees 48 minutes 24 seconds East 34.92 feet; thence North 34 degrees 25 minutes 43 seconds East 30.00 feet; thence North 00 degrees 29 minutes 57 seconds West, parallel with the west line of said Lots 12 and 27, a distance of 160.00 feet to a point in the north line of said Lot 12; thence South 84 degrees 37 minutes 48 seconds West 94.66 feet; thence South 74 degrees 29 minutes 24 seconds West 68.00 feet to the point of beginning. Said parcel contains 26,000 square feet more or less. Together with a permanent easement for parking purposes over, under and across that part of said Lots 12 and 27 described as follows: Commencing at a point in the centerline of Smithtown Road distant 645.00 feet easterly from an intersection of the northerly extension of the west line of said Lot 27 with said centerline; thence South 00 degrees 29 minutes 57 seconds East 138.19 feet to the southwest comer of the above described parcel and to the point of beginning of the easement to be described; thence South 00 degrees 29 minutes 57 seconds East 27.00 feet; thence South 74 degrees 29 minutes 24 seconds West 4.00 feet; thence South 15 degrees 30 minutes 36 seconds East 55.00 feet; thence South 74 degrees 29 minutes 24 seconds West 55.00 feet; thence North 15 degrees 30 minutes 36 seconds West 55.00 feet; thence South 74 degrees 29 minutes 24 seconds West 91.00 feet; thence South 00 degrees 29 minutes 57 seconds East 139.77 feet; thence North 74 degrees 29 minutes 24 seconds East 284.59 feet; thence North 00 degrees 29 minutes 57 seconds West 58.60 feet; thence North 34 degrees 25 minutes 43 seconds East 22.40 feet to the southeasterly comer of the above described parcel; thence westerly and northwesterly along the southwesterly line of said above described parcel to the point of beginning. Together with the right of ingress and egress to and from the Country Club Road. Contains 31,452 square feet more or less. i o t- \).J :x: .. t- oS" 0 - ('!o - I - . .c I (fl (Q V) .\ ('!.,p ~ ..J.. ~ I / \ 'i. I.... ~____ \. .. . , I "', I. I, ,I , \ I' , I , I I 0> I I. ": I I I I'~ . . I o ) -- .,,- -_.. .. 9.:~~.-f.~'-:..:;:...:-.::: :':::. __ _:_._.~:~::... ~ \. . "' I . d) I I \ '\ "1 ,- ,. I , \ , , , , - ---:.- 'L- I o ~ o a:: w ~ <0 ~ ~o ~ \D t- . ~'Cf . Ol ~ co z E ~. ~ [\; \t ... ~ RJ ~ . . OO'09l 3nLS,62.0 S ~ \ II) . J' \ o x \ , , @ ~ 0 ~ J 0 . 3 N oW $l g to- t) ~ Itl ., .,., ~ .. N .. & -. - . (.) I .. , ~ .. j ~ g ~ ~ ;s; B Cr 0 ~ ~ JiJ .:t J:: 0 .r = : (.I) . JIll Ol 1131 . N . Jt~'i II ..... .- t...... I". oJl::-c .11 fi. Jt ., I.' 'Q a 0 r- "'on .... I: ~ ~~ .., r.~ . .. .... "- lI! " 'lit lit t)~O 0 00: -,-- - \ , Hi 'ON 'o,ens 5,MO!lOnv ilz 101:10 \" 3Nl1 153M 30 NOISN31X3 A1ij3HlYON---\ . . COOPERATIVE AGREEMENT FOR THE SOUTHSHORE SENIOR/COMMUNITY CENTER TInS COOPERATIVE AGREEMENT FOR THE SOUTHSHORE SENIOR/ COMMUNITY CENTER is made on this _ day of , 1995, by and among the City of Deephaven, a Minnesota municipal corporation (Deephaven), the City of Excelsior, a Minnesota municipal corporation (Excelsior), the City of Greenwood, a Minnesota municipal corporation (Greenwood), the City of Shorewood, a Minnesota municipal corporation (Shorewood), and the City of Tonka Bay, a Minnesota municipal corporation (Tonka Bay), (hereinafter collectively referred to as "Cities"). RECITALS: FIRST: Cities desire to develop a senior/community center (Center). The Center shall be used by senior citizens for educational and recreational activities, including, but not limited to, arts, crafts, music and other various programs of enrichment. In addition, the Center shall be used by citizens for banquets, receptions, reunions and other public and private events and other community-based activities such as those commonly provided at community centers throughout the area. SECOND: Cities desire to combine resources pursuant to Minn. Stat. ~ 471.59 to develop and construct the Center. NOW, THEREFORE, the parties covenant and agree as follows: 1.) Puq>ose. The parties have determined that each City is more economically and efficiently served by constructing and operating the Center together rather than each City constructing and operating its own community center. The parties agree that the Center shall be used by senior citizens for educational and recreational activities, including, but not limited to, arts, crafts, music and other various programs of enrichment. The Center shall also be used by citizens for banquets, receptions, reunions and other public and private events and other community-based activities such as those commonly provided at community centers throughout the area. Such programs and activities shall be consistent with the use of the surrounding and adjoining facilities. The overall guiding principle embodied in this Agreement is the mutual desire of the parties to maximize the use of the Center by all members of the Cities' respective constituencies. 2.) Ownership. The development and construction of the Center shall be fmanced through a pooling of resources from Cities and The Friends of the South Lake Minnetonka Senior Community Center, a Minnesota non-profit corporation with tax-exempt status pursuant to ~~ 170(c)(2) and 501 (c)(3) of the Intemal Revenue Code of 1986 (Friends). Cities shall own the Center as tenants in common, with the ownership interest of each City proportionate to each City's investment in the Center. The amount of each City's investment and the proportionate ownership of each City is set forth in Exhibit A attached hereto which may be amended from time to time upon unanimous approval of the cities. The Center shall be constructed on property conveyed by Shorewood to Cities for One and 001100 Dollar ($1.00), and other good and valuable con~ideration, and which is legally described on Exhibit B attached hereto. Shorewood shall be responsible for the design and construction of the Center in accordance with the preliminary site plan and building elevation as set forth on Exhibit C attached hereto. 3.) Fundin~. AIl amounts due from Cities for the development and construction of the Center shall be remitted to Shorewood within sixty (60) days of the date of the execution of this Agreement by an authorized representative of each City. Shorewood shall be the fmance manager and manager of the construction of the Center during the design and construction of the Center and shall establish separate books of account to monitor the payment of funds. The Cities shall be under no further obligation, pursuant to the terms of this Cooperative Agreement, to fund the maintenance, operation, programming or staffmg of the Center or any other costs, expenses or capital investments relating to the Center. 4.) Excess Funds. Upon completion of construction of the Center, excess funds shall be held in a restricted capital reserve account for the purpose of repairs and capital replacement . of the Center. This account shall be controlled by the Friends, however, no expenditure in excess of Five Thousand and 00/100 Dollars ($5,000) shall be made without the approval of a majority of the Cities. This reserve is not intended for day-to-day maintenance such as snow removal, routine building maintenance and cleaning or for any other operating costs. 5.) ~. Cities shall lease the Center to Friends (Friends' Lease). The term of the Friends' Lease shall be twenty-five (25) years and the rental rate shall be One and 001100 Dollar ($1.00) per year and other good and valuable consideration. The Friends' Lease shall provide for four (4) renewal periods of five (5) years each. Friends shall operate and maintain the Center. Friends shall be required to pay for any and all forms of insurance to adequately insure the Center against any and all risks associated with operating and maintaining the Center, both known and unknown, including worker's compensation insurance for Center employees and general liability insurance up to the statutory limits of liability relating to the Center. Each policy shall name Cities as additional insureds. . By entering into this Agreement, Cities do not agree to assume any risk or responsibility for the acts or omissions relating to the operation and maintenance of the Center by Friends, or for the procurement, or failure to procure, by Friends of insurance against all insurable risks, both known and unknown, related to the Center, or for the acts or omissions of any other City. 6.) Termination. Any City may terminate its participation in this Agreement at any time for any reason upon thirty (30) days written notice to the remaining Cities. The remaining Cities shall not have a right to objecuo any City's withdrawal from this Agreement. A withdrawing city will not have the right to participate in decisions relating to this Agreement. Withdrawal from this Agreement will not result in the forfeiture of the withdrawing City's undivided ownership interest in the Center but the withdrawing City's share of the costs incurred by the Cities pursuant to this Agreement, if any, shall be recovered out of the withdrawing City's share of any proceeds resulting from the sale or liqUidation of the Center. 2. . . At the tennination of the lease term or tennination by action and approval of the Cities, the Center may be sold subject to the following: (a) Shorewood Option. The City of Shorewood may retain the Center by repayment to each of the remaining Cities an amount equal to their original capital contribution. Shorewood may pay the remaining Cities in cash, or at its option, Shorewood may make installment payments to the Cities over a period not to exceed ten (10) years payable in equal annual installments of principal and interest at the rate of eight percent (8%) per annum from and after the date of Termination. (b) Sale to Third Party. The Center may be sold to a third party for fair market value. In the event of sale to a third party, the City of Shorewood will assure adequate access to the Center. The proceeds of said sale shall be allocated and paid to each City proportionate to its original capital contribution as provided in the attached Exhibit A. (c) Proceeds from Future Gain. Should Shorewood sell the Center to a third party within ten (10) years of exercising alternative (a), the net proceeds of said sale beyond the original capital contribution paid by each of the Cities shall be allocated and paid to each City proportionate to its original capital contribution as provided in the attached Exhibit A. 7.) Dissolution. Amendment. T~rmiQation. The following may only be undertaken based on the written approval of two-thirds of the Cities: (a) Sale of the Center; (b) Amendment of this Agreement; or (c) Termination of the Lease with The Friends of South Lake Minnetonka Senior Community Center, or any renewal, extension, assignment or subleasing thereof or successor thereto. The following may be undertaken upon written approval of a majority of the Cities: (a) Capital improvements; or (b) City directed changes in the operation of the Center. 8.) Governin~ Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Minnesota. IN WITNESS WHEREOF, the Cities of Deephaven, Excelsior, Greenwood, Shorewood and Tonka Bay, in accordance with the authorizing resolution from their respective City Councils, have caused this Agreement to be duly executed. CITY OF DEEPHA VEN Dated: By: Its: City Clerk Treasurer 3. By: Its: Mayor CITY OF EXCELSIOR Dated: By: Its: City Manager By: . Its: Mayor CITY OF GREENWOOD Dated: By: . . Its: City (Clerk) Admimstrator By: Its: Mayor CITY OF SHOREWooD . Dated: By: .. t Its: City (Clerk) AdI1llIllstra or By: Its: Mayor CITY OF TONKA BAY Dated: By: dmi' t Its: City (Clerk) A mstra or 4. EXHIBIT A City Shorewood Excelsior Greenwood Deephaven Tonka Bay $ Contribution $ 311 ,000 90,812 24,569 139,639 55,980 $ 622,000 % Contribution 50.00% 14.60% 3.95% 22.45% 9.00% 100.00% . . . . COOPERATIVE AGREEMENT EXHIBIT B DESCRIPTION OF PARCEL TO BE DEEDED TO THE SENIOR COMMUNITY CENTER That part of Lot 12, Block 2, ECHO Hll..LS 2ND AOOmON, and of Lot 27, Auditors Subdivision 133, according to the plats on file in the office of the County Recorder, Hennepin County, Minnesota, described as follows: Commencing at a point in the centerline of Smithtown Road distant 645.00 feet easterly from an intersection of the northerly extension of the west line of said Lot 27 with said centerline; thence southerly parallel with the west line of said Lot 27 a distance of 34.19 feet to the point of beginning of the land to be described; thence South 00 degrees 29 minutes 57 seconds East, assumed bearing, along a line parallel with the west line of said Lot 27 and the west line of said Lot 12 a distance of 104.00 feet; thence South 76 degrees 20 minutes 42 seconds East 45.00 feet; thence South 15 degrees 30 minutes 36 seconds East 45.00 feet; thence South 76 degrees 20 minutes 42 seconds East 57.05 feet; thence North 66 degrees 48 minutes 24 seconds East 34.92 feet; thence North 34 degrees 25 minutes 43 seconds East 30.00 feet; thence North 00 degrees 29 minutes 57 seconds West, parallel with the west line of said Lots 12 and 27, a distance of 160.00 feet to a point in the north line of said Lot 12; thence South 84 degrees 37 minutes 48 seconds West 94.66 feet; thence South 74 degrees 29 minutes 24 seconds West 68.00 feet to the point of beginning. Said parcel contains 26,000 square feet more or less. Together with a permanent easement for parking purposes over, under and across that part of said Lots 12 and 27 described as follows: Commencing at a point in the centerline of Smithtown Road distant 645.00 feet easterly from an intersection of the northerly extension of the west line of said Lot 27 with said centerline; thence South 00 degrees 29 minutes 57 seconds East 138.19 feet to the southwest comer of the above described parcel and to the point of beginning of the easement to be described; thence South 00 degrees 29 minutes 57 seconds East 27.00 feet; thence South 74 degrees 29 minutes 24 seconds West 4.00 feet; thence South 15 degrees 30 minutes 36 seconds East 55.00 feet; thence South 74 degrees 29 minutes 24 seconds West 55.00 feet; thence North 15 degrees 30 minutes 36 seconds West 55.00 feet; thence South 74 degrees 29 minutes 24 seconds West 91.00 feet; thence South 00 degrees 29 minutes 57 seconds East 139.77 feet; thence North 74 degrees 29 minutes 24 seconds East 284.59 feet; thence North 00 degrees 29 minutes 57 seconds West 58.60 feet; thence North 34 degrees 25 minutes 43 seconds East 22.40 feet to the southeasterly corner of the above described parcel; thence westerly and northwesterly along the southwesterly line of said above described parcel to the point of beginning. 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J Jzj. _ _ 'II'J" .._ ' - .,-'.' -'''- . ..~--_.--:., " " , ,l~''''b . . 1;. , '. \ ........ \ ". ~...... , ..J:. -t) .. ,,\\ ! .~~ \ \+- \ \ \ II 1\ I \\ 0_ \ I -- I~J '-----~ t:::; W D ~-~~'~ -~ ~r~ ~ ~ ~ ~ ! - =t---~~t==_ __ ---I , , t.) ~ H ~ H ~ ~ ~ \ \ \ \ -- t::; \ \ --- :t: ~ -- . bJ ~~ ~ ~ t III fJ1 l.J , ( -1--- _ _ __ ~~o ~< ?,i ",:1 J:;~ ~:r.~ ~~~ -'.. . "----- \ -r-:::J I . , I ). , ~:,1 I ~ ~~, \ ~\-jX t I~/ u . ~------- - - 10 I ,1~ I tl 2' :1 ~ III -5 <- :1 s: .." rrm~n____l <:=LJ :n I ~ I ....., . '. '., , :z -l\ 1 ~.., -' .... ~ Ii ~~~' =-~ :'.:, ; ~ , -- '--. ~ - - ". - b - .... - l . "=''j' < ~, ..~ ~., '~(~"]:-':I,I' ,. ~ ~ CJ 'b '~:I? I ~ .-- 0( ______ " . ".on 'n % I \ > ~H III '. ~~: I~I ~: l" , . llJll ..~.. , I I , . . : --' "'ll'17 A"':ll11llld1 dVO", .....-; II . !, i , i . .. . . , . . , , .. , ," MAYOR RObert Bean ....;. : .! :~. COUNCIL Kristi SlOver Bruce Benson Jennifer McCarty Doug Malam : .1 .; " . . . 't. ..... , , .. ......... ~..:r. :, '. " " "", CITY~OF " ..SHOREWQ.OD 5755 COUNTRY CLUB ROAD. S"H'oAEWOOO. MINNESOTA 55331.8927 ,- (612) 474-3236 MEMORANDUM TO: Mayor and City Council Jim Hunn . FROM: DAlE: Larry Brown .J !'); c!!/" " February 16. 1996 ./ RE: Contract for Professional Architectural Services for Senior-Community Center . CP 95-20 . Attached for your consideration is the Contract with TSPIEOS Architects for professional services for the design of the Senior-Community Center. To date. the City of Shorewood has been working with TSPIEOS with letters of understanding authorizing them to complete the concept design phases and fifty percent of the design phase documents. On Wednesday February 21. TSPIEOS will run out of authorized funds. An original draft of the contract prepared has been reviewed by each parties legal counsel. Several supplemental conditions have been negotiated and have been added to the contract as agreed to by each party. Unfortunately. Mr. Nick Ruehl. Principal of TSPIEOS Architects. was not available to conduct a ,final review and execution of the agreement prior to the City Council meeting. Since authorized funds will be depleted this next week, and it appears that the participating cities have reached a tentative agreement, staff is requesting approval of the contract subject to working out any fine detail corrections to the contract Mr. Ruehl may request This will keep the design process uninterrupted such that we may stay on schedule with a mid March Bid date. Staff will also be forwarding copies of plans to City Council me~bers review and comment. A Residential Community on Lake Minnetonka's South Shore ~A'{ I 0 l595 Standard Form of Agreement Between Owner and Architect AlP{3DS AlA Document 8141 AGREEMENT made as of the Fourth dayof May in the year of Nineteen Hundred and Ninety-:ive BETWEEN the Owner: (1'1_11 411d 4ddl'IISSJ City of Shorewood 5155 Country Club Drive Shorewood, Minnesota 55331 and the ArchiteCt: (1'1411I11 4iui "ti,..uJ . TSP One, Inc. (dba TSP/Eos) 21 i'l'iacer Street Excelsior, Minnesota 55331 For the following ProjeCt: (1llclaJill IIl1lailll. III1SCrip'ioll flf p,."jcel, lOClllioll. 4titi,..SI 04 "tip..' South Shore Senior Community Center 5155 Country Club Drive Shorewood, Minnesota 55331 The Owner and Architect agree as set forth below. . "":' .... THIS DOCUM2NT HAS IMPOR.TANT l.SOAL CONSEQUBNC!S~ CONSULTATION WITH AN ATTOlU'fJ!Y IS ENCOU'RAOED WITH ltSSPEC-r TO ITS COMPL.ETION OR. MODIFICATION. ^UTliENTICATtON OF THtS SLECT'R.ONtCA1..LY J)R.APTED ^lA DOCUMENT MAY BE MADE av USINO AlA DOCUMENT 0401. Copyripc 1917, 19"16, 1941, 19'1. 19$3, LUS. 1961, 1963, 1966, 1967, 1970. 1974. 1977. 1987 by n. ^mericaaluuQJtO of ~cecu. 173' New York ^veaue. N.W., WuhialtoO, J).c..10006-n9Z. leproctuctioa of tb4a IDlWIri&l lweill orsublClad1l1 quowiOIl of iu ptovi.sioa.s without wriuea pcrmi.ssio. of tllo AlA vil)1lUu tllo copynS!lt taws of tllo U.ued Statu 4IIIi will 1M Nbjec:t to 'e.al prosecutioa. AlA OOCUM/il'IT I.'" . OWlfIlt.AllCltlTllC'l' AClQIMII'l'I' . JIOUllT'S/il'ITlt COmolf . AlA . CO'1'Il1CH1' \M' . 'l'H8 AMIltlC:.uI Il'ISTI'J'UTlt 01' AllCHrTSCTS. 111$ 1fSW YORK AVllNUlll'l.W'.. W'ASHIlfGTOH. O.C. :""'5:91. W'AMING, U........ '.....en;"'.- U.$. ..."..,..,- .... i. ..tojftI.. \..., ,..._i_1'\i. -- - .I_"_'uy "..4.... "'..., lie........... """1'%9... -:.. ... ..,...... ........ ...... ..uI 312619'.. Electronic Document Service B 14l- L 987 1 , TERMS AND CONDI'l'!ONS OF AGR.EEMBNT BETWI;EN OWNER AND ARCHITECT I ARTICLE 1 ARCHITECT'S ReSPONSIBILJTIES 1.1 ARCHITECT'S SERVIces . 1 .1.1 Tho Arcbitel::t's services coasist of enoso services performed by Che Arcbitect. Arc:bitect's employees aad Arcbitect's coasultants as eaumented ia Articles 2 and 3 of cbis Agreemeat and aay oebet Services iacluded iJ1 Article 12. 1 .1.2 The Arcbitect's services sbaU be performed as expeditiously as is coasiste:lt witb. professioaalskill aad I.::u't'l :utd .tbe orderly progress ot tbe Work. Upon request o( tIle Owner, ene Arcbitect shall submit (or lbo O'Wner's a.pproval a scbedule Cor cbo performance o( cbe Arcbitect's services wbicb may be adjusted .tS cbe Project proc:e:eds, and sball include allowances (or periods o( time required (or eno O'Wner's revie'W aad Cor approvlll o( submissions by authorities having jurisdiction over tbe Project. nme limits established by chi:s Ilcl1edule approvc:d by cbe: O'Wner shaJJ aoc. except (or reasonable: cause. be exceeded by cill: Arcbitect or Owner. 1.1.3 The services covered by chis Agnement are su bj ect to the time limicatiol1S contai.lled: ia Subparagraph 11.5.1. A~TIClE ~ . SCOPE OF ARCHITECT'S BASIC SERVICES 2.1 DEFlNmON 2.1.1 The Architect's Basic Services consist o( those Ii.scribed ia Paragraphs 2.2' through 2.6 and aa y oeber .iervices identified ia Article 12 as part ot Basic Services. aad include nonnal structural. mecbanical aad electrical engineering Services. 2.2 SCHEMA TIC DESIGN PHASE 2.2.1 The Arcbitect sball reView the program turnished by tbe Owner to ascertain the requirements o( tbo Project and sball arrive at a mutual understanding of :iucb requirements with the Owner. 2.2.2 Tbc: Architect shaH provide a preliminary c:valuatioll o( the OWller's program. scbedule aod construction budget requiremeots. eaca in terms o( tho other. subject to tbe limitations set {orta in Subpangraph 5.2.1. 2.2.3 The Atcbitect sbaU revie'W with tho Owner alternative approaches to desiCn aad construction at the Project. 2.2.4 Based 00 the mutually agreed.upon procram. schedule and construction budgct requirements. che Architect shall prepare. (or a.pproval by tho Owner. Scbematic Design Documents consisting ot drawings a.ad other documents illustrating the scale: and reIationsbip of Project components. 2.2.5 The Arcl1itect shall submit co the Owner a prelimiaary estimate of Construction Cost based on CUrTent area. volume or other unit costs. 2.3 DeSIGN DEveLOPMENT PHAse 2.3.1 Based all tbe approved Schematic Design Documencs and any adjustments authorized by the Owner ia Cbe program. schedule or conseruction budget. tbe Arcbitect sha.lI prepare. (or approval by ene: Owner, Design Development Documents consisting of drawing:s and otber documents to fix and deScribe me size and character of tbe Project as to architectural. structural. mechanical and electrical systems. materials and lIucn other elements as ma.y be appropriate. 2.3..2 The Architect shall advise the Owner ot any adjustments to the preliminary estimate ot Construction Cost. 2.4 CONSTRUCTION DOCUMENTS PHASE 2.4.1 Based on tho approved Desig.ll Development Documents and aay furtber adjustme.llts in the scope or quality ot tbe Project or in tbe construction budget aueborized by the O'Wner. the Arcbitect shall prepare. for approval by cbe Owner. 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'" OIl a ::I 8 .2 Q :> .- v .~ :;. . 3.4.3 Providing planning surveys. site evaluations or ~ompat:ltive studies of prospective sites. 3.4.4 Providing special surveys. enviroameutai studies aad submissions required. for approvals of lovenamontai autborities or otbors ba.ving jurisdiction over tbe Project. 3.4.5 Providing services relative to future facilities. systems and equipment. 3.4.8 Providia services to iavesti ate existing ~ood.itioQS or. facilities or to make measu WUlgs thetcQf: .. . --- 3.4.7 Providin, services to verify tbe accuracy of drawings or otber information furnished by me Owner. 3.4.8 Providillg coordinatioQ of constructioa performed by separate contractors or by me Owner's OW1l (orces and coordination of services required in connectiOll witb construction performed and equipmeut supplied by me Owner. 3.4.9 Providing services in connection wim me wod: o( a construction manager or separate collsuleants retained by tbe Owner. 3.4.10 ?rovidinjdetailed utimates of Construction Cost. 3.4.11 Providing detailed quntity surveys or inventories of mAterial. equipment and labor. 3.4.12 Providing analyses o( owning and operatiag costs. 3.4.13 Providing interior design and otber similar services required for or in COllnection with me selection. procurement or installation of furniture. furnisbings and relAted equipment. 3.4.14 Providing services for pluning tenut or rental spaces. 3.4.15 Making investigations. invel-ltories ot materials or equipment. or valuations and detailed appraisals o( existing facilities. 3.4.16 Pre arin a set of reducible record drawin_ mowinr si"ificant cbanres in the ork made durin~ constrUction based on marked-uu Drints. drawiD~ ud otber data fu1'Disb~..bLth., J~~~~tor to ~.A.t~~.i~t. . 3.4.17 Providing usistance in tbe utilization of eq u ipmon t or systems sucb as resting. adjusting ud balancing. preparation o( operation and mwtenance mu uals. training personnel (or operation and maintenancl:. and consultation during operation. 3.4.18 Providing services a.fter issuaace to the Owner of the fina! CUcUlc:lte fOr C:aymel1t. or in Jie ilbseiu:lr or a (inal Certificate (or Payment. tnore tban 60 c1ays .atter lhe date of Substantial Comoletioo oi tbe Work. . 3.4.19 Providing services of consultants (or orber than arcbitoctural. structural. mocbAnical and electrical engioeeriog portioos of the Project provided as a part of Basic Services. 3.4..20 Providing any otber services not otberwise included in tbis Agreement 01" not customarily furnisbed in accordance witb leneraU y a.ccepted architectural pt'al:tice. ARTICLE 4 OWNER'S RESPONSIBILJTIES 4.1 The OWoer shall provide (ull information regarding requirements (or the Project. including a program wbicb sball set fortb tbe Owner's objectives. sCbedule, constraints and criteria. including space requirements ud relatioosbips. flexibility. expandability, special equipment. systems and sice requirements. 4.2 The Owoer sball establish and update an overall budget for the Project. including the Construction Cost. tbe Owner's other costs and reasonAblo contingencies related to all of these cosu. 4.3 If requested by tbe Arcbitect. tbe Owner shall furnisb evidence tbat financial urangements bave been made to fulfill tbe Owner's ob.ligacions under this Agreement. 4.4 The Owner sball designate a representative authorized to act 00 tbe Owner's bobal! with respect to tbe Project. The Owner or sucb autborized representative sball render decisions in a timely manner perca.iniog to documents submitted by tbe Arcbitect in order to avoid unreasonable delay in tbe orderly and sequenti':i progress of the ~bitoc:C's services. . 4.5 The Owoer shall furnisb surveys describing pbysical cbaracteristics. legal limitations and utility locations for the site of the Project. and awritton lOCal description of the site. The surveys and legal information shall include, as applicable. grades and lines of streets. alleys. pavemeocs and adjoinin, property and structures: adjacent drainage: rights-of-WAY. restrictions.. easements. encrOacbments. zooing. deed restrictions. boundaries and contours 'of tbe site; loc4tions. dimensions and necessary data pertaining to existing buildings. otber improvements and trees; and information concerning available utility services and lines. botb public and private. above and below grade. including inverts and deptbs. AU tbo infonnationoQ tbo'survey sball be ref"erenced to a project benchmark. 4.6 The Owner sball furnisb the services of geotecbnical engineers wben sucb services are requested by the Arcbitec:t. SueD services mAY include but are not limited to test borings. test pits. determinations of" soil be:1ring values. percolatioQ cests. evaluacions of bll.%udous ,nodtICe. .Her lie.... ...-r Itsoo..:,.... ca... ,.,......... .......... .."MI.. ..d U:"':S. AlA DOCUM&,OlT 1141 . OWNIR....acxrncT AGlUIl!IolINT. I'OUllnlllN11f mmoN . AlA . COlOTRlGHT .'81 . Tll8 AMl!JtICAI'I IHSTITUTlI 0" AaCMn'8CTS. 1135 HIW YOIl~ A VllfUI II. w.. WASMIlfCTOIf. D.C. :IlOO,"'292. WAlINIlfC: UaIiu_ ,--.,;.. _.... U.S. 4.""'_ 1._ .... i. ....;-. co I.... ,..._.i... T1.i. 4.._oc ... ...........11' Electronic Documellc S<=rvicl.: B[~!.,'Jl,- ", !lII c: 'C ::s '1:1 ~ o ~ u -a .9 ! 9 .a u ... .g '1:1 9 tlII c: :; '1:1 :0. .... a o.g u u .~ ~ u a -a8 . ... .... "'... Iff ... a c: "'.c 0 ! el '= ~tlII~ '>.9 e .::; ~ 0. "'0. 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CI ~.~ a 1:1" -'a a 0 .. -..u t;J..... Ill" ~~... 0 '" l:!. CT c: ::r A ... A... ;;r - 0" - - -- J:S P ...... 0 D _. .... AB'<o.....a..o'<.....I'>O... ... erA. A ..O')>lI:!..... I: >l:!.M 8 ia i ...... a.~N as =.;; Ii: ~...11~i'&i' i3.QR r8ifoog.!t! '==8 O'a ...."'.Dit:a.'O 5G ! S. e' f 6. s: ~ -< S' fi. ~ ~ ~ ! nD. G... ~ 8 '" I "'-8. O'J " A. ., a n 5- I: 0 ~ .a ~ _. D ~D ~ D. ....,... ... ... . S- 0 I...... D.~... c: O'~8.A. ....a~ilR8 ~ aa~ ..C'o ",e:, >.... e.....c:o, '0>0....0'...0 )0 -....In'< '!!. c: G '" D' a > a "<!'! q if -S..A" .. "o'<g. n 0 e. a. C 2: ~ G If 'l!: 9. > ... e: ., ... A . a a::: :: ~ ., I 000 ~ ... :::.(1' "l:!."'fi_;:.G..: 00.... nP'.ag'8sA.IPl &a5'8 a!tC:D "8' ... ;n..._. e... a "''''1 C:"'I:I iinrc";3. .:to 0' ~e:&.... !l!QaB OAAl~!O'..a '-D_ "'" ... . :J -. -. D" . ,.. ,., . - _.'0 M' ... I: R E :::: c: a "'l:Ia..AI:I'U ::to --..- g..Q n ~ ~ G g. > r::. S' :: G "c:I~ So n a." nCl..QQ ..OA g..! ...., ~ E tr ::to ~ :::::: E f;:o'J:&ase.n... gtr~. .13"'00. _as. ...Atr (or more than 90 consecutive ciays. the Arcbicect lD4Y terminate this Agreement by living 'NrittOll Gotice. S.4 Pailure ot the Owner to l1late paymellts to the Architect in accordallce witb tbis Agreement sbail be considered subst4lltial nonperformance aad cause for termination. S.S [t the Owner fails eo l1late paymellt whon due the Architect tor services and expenses. the Architect l1lay. upon seven days' written notice eo the Owner. suspeod perform4llce ot services !lnder this AgreemOllc. Unless payment in full is received by the Arc:I1itoc:t wiCbin seven days o( the date ot the 1I0tice. the suspensioQ shall take e(f'ece witboue (urtller 1I0dce. In tlle event of a suspension. of services. the Arcllitect sbaU bave 110 liability eo tbe Owner for delay or damaso caused. the Owner beclluse of sucll suspension o( services. 8.S In eb. event o( terminatioa .1I0t the faulr ot ebe Architece. tbe Arcbitect sball be compeasatect for services performect prior eo termination. together wiCb Reimbursable Expenses then due and all Termiaatioll Expenses as defined in Pangrllpb 8.7. 8.7 To:trminacion Exp.oslSS are in additioa to compensation for Basic and Addidoaa1 Services. aad include Cilxpenses which an directly' attributable to tCilrminatioD. Termination Expeoses shall be computed all il percCilntage of the total compensation lor Basic Sc:rvices ilndAdditional Services Cil4tDed eo the time of termination. as foUows: .1 Twenty percent of the total compensation lor Basic and Additional. Services earned to d:lte it t.srmination Occurs belore or ciurio! ebe predesign. site analysis. or Scbematic Oesip Phases;. or . ~ .' ... ,_ . _ _ .2 Ten percent oC tbe tow compensUioll ror Basic and Additiona1 Services eanzed to date it termination occurs dUrin, the Oesi,n OevelopmOllt Phase; or . . . .3 Five percent ot the tOtal compensadoa ror Basic and Additiona1 Services euued to dlltO if terminatiOIl occurs durin, any sUbsequcllt phase...'..::..,... " ARTfClE 9 MISCEL.LANEOUS PROVISIONS - 9.1 Unleu otherwise provided.tIlis Acreemeat sball be' governed by the: law ot the prillc:ipal place oC business 0' ebo Arcbitect. . . 9.2 T.srms in ebisA,reeme:at sban bave tbe same: muning as ehose in AlA OocumeDt A'201. General Conditions o( the Contract ror ConstrUction. currect as o( the date of this AgreemeDL 9.3 CallSes ol ac:tion between elle parties to tbis Acreemeot penailling to acts or tailures to act sball be deemed eo bave accrued and tbe applicable statUtes ol limitations sball c:ommenc:e to run 1I0t later than either the date of SubstaDtial Completion fot' acts ot' (ailures to act occurring prior to Substantial Completion. or tbe date or issuance of th" final Certif"1CatO (or Paymene for acts or failures to act occurring after Substantial Completioa. 9.4 The Owner and Architect waive all rights against each other and against the conCtaCtors. consultants. agents md employees ot the other rot' damages. but only to the extent covered by property iosurance during coasuuccion. except such ricats as they l1lay have to the proceeds ot such insunnce as set rorch in the edition of' AlA Doc:umeat A201. Ooaeral Conditions of' tbe Contract lor Construction. curreot as of the date of' this Agreement. The OWller aad Atcbitoc:t OllCb sball require similar waivers from tbeir contractors. consultants an. agents. . 9.S The OWller l14d Arcbitect.. respectively. biod themselves. their pwcners. successors. assips and legal represenWives to Cbe CKher party to this Asreemeot aad to tbe partners. succc:ssors. llSsigns and legal representatives ot suc:h otber party with respect eo aU coveunts of' this Agreement. . Neither OWQCSr Qor Architect sball IlSsiga tbis Alreement without the written c:onSOQt of the other. 9.S This Agreement represonts the entire and integrated agreement between ehd Owner and Architect and supersedes all prior llelotiations. representations or agreements. either wriccdn or oral. This Agreement l1lay be amended only by written instrument signed by both Owner md An:Jlicecc. 'I.' 9.7 NoCbiog concaiaed in this Agreement sball Crellte a. contractual relationship with Or a cause oC action in favor ot a third pUty alainsc eitber the OWller or An:I1itect. 9.8 Unless otherwise provided in this Asreemeut. the Archicect and Arcllitect's consultants sball hllVO 110 respoasibiUty tOt the discovery. presence. b4lldUng. removal or disposal ot or exposure of persons to hUardous materials ia any form at the Projecc site. incltld1ag but noc limited to asbestos. asbestos products. pOlycblorinated bipbeoyl (PCB) or other coxic substuces. 9.9 The Architect shall have ch. rigbt to include represeorations of the dailn of tbe Project. including pbotograpbs ol the exulrior and interior. among tbe Atcbitoc:(s promotional and professional materials. The Architect's lDaterials Shall oot iilclude tbe OwnCilr's confidential or proprietary information if the Owner bas previously advised the Architect in writing of the I".......w.. ..414., I;.,;..... ......... .195...1:9 .... c..tNnr......... ........ ......... .....sn.,.'!. AtA OOCUMI/fT 'H' . O.,NIa."ItCHtrII:T ~. I"OUIlTIfH'nf &DtI'IoN . AlA ' COPYRIGHT .m. THlAMIb:',,-" lICsnTllTloF ARCHn'liC7'S. I11S IfrN YORK .\vE:'IUe ll,W.. W"SHIHGTOH. O.c. :-S:n. WAllHlIWG; U__ ""'_... _. U.$. c..,risM 10_ _ i........ '.1cpI _.... TlIi. __...... .....t.......II~ glectronll': DocumC:l1t St::rvi..::.: 13!..:.: -.: ')S - .! 1 ;.0)- 1 ~s: ! ~O & ,.~ l :c ~ = ;E; r ~-t i >.. I !;. I ~~ _ -t ~ .. 2 at . .:-oM ~ O~ li r-: ~ .i = ;:!l r is ~ a ~= 1 -t ! ~!I ~ pot ! I m n- o .... ... o ::J o o o n t: a R :J .... f~ . 1~'1 . . ::'} : t · @I to ; 3 2 -' I .~ 2.. t> !~ ~;.. t-~ := ~B i'~ ;-; !~ ~~ l~ HI :R ..~ Ii l~ ;- 0 p.,. ~;.glQ ;'e.~~Da O_tre.. :1. 0 tI ... 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Aotl tI...'O.,. ~ P ....~OP(/)lIp...tr OG '" ~1:'O,<'de 01 0"''Oj;.0'0G- "U :P'all'Ci:!- a :: a 'd a' 5 o' 0 a. c;' tI C ~ g ....UQ tI 0 0 n ~ S. G e. A. ;J ~ ..,. tI .... 0: o 0 ... 0 oa -. tr 8' e 0 A....III...:rtlo""ci.... -a O'v.poo",- ORI:=..PO ~ l:I g. c:.~. po :.... ....0 n R "" , o PI ... co'" .... er;..~....:o " 0 0... _. S ...a! [~:2 A. tI '" n M- M...." ~. I: 0 tr tr "U a",,":Snoo ::.::e8'8>1 erg~5.~3t1 n . 0' ... tr tI OCt: 0 ... I!. tI ~'H g.tI If ~A-a:g,:;;~ I:-G ..,. 0 C.= AS f:'g tI g<oAoniJl "PS-X'OO,,' Sgo~g:e:j;l. c.2.~~00& X'j;:~a"";A ca~-=aftla 0"8_..11I ::ra" ~ ~ ",' ... c: F:oasi.& l1,es-Coo c. - It SAo tI j;l. 000 - tI ";S ...., ;. 3 .!'"ii.P,<o~ P .... o :0 m o -f "0 m :0 U) o Z z m .- a m 2: U) m -0 )> -< i: m z ... U) C:... -i(') :r m ~o o x. =i m ~ ~...n08"" ~'Ca'" Iii.... r;AoO)4cQ 3pp 0 tI e:J! g 6- i.a .'0 C. ~ S- La .. :::. -. ft = :, n 0 o. 0:.... "'0=."- o~ N A ~ : = A. i ~ g o' ~ ~ g: ~ "'-"'0 A. tltlO' I:S 0''0 o' = S' ~ f 0 ;. J I: e: ~fttl)4tnAo 4/l-C PP. :. [~Is 8 r. 3.; ~ 'g.; (/) 5 '"'0" ":Spa I: ~ e a ~... 0 Aol tt ":S O'-~-< rot!!'" 0 III" ':!l g e 1 i'; a.g ~ ~l =- g ;: ~ FJO'1l:go; &8'~u 8.r.: tl... ~.';....tI ...::1 0 ~ !t... 'dtro ....... tltt~o II -pOAI ro II-""!:!.... .. !::::III 0"". tr (1)",-", tI" - ~ ... !"'>....... I: - oa QI ;. 0' :-0'11 Po'" .g~:::e: >:::t w ct tI c: e ... 0 ... I tr i<olo A.;;;:er ilG~o ... , 000 tl"1I 'S....-(I) tI ;:....;. tlllct ! c.e;.>g. '" o. l if I:j;l.ot:= tr~;'o ~FJ i ;. ~ 3 j;' ;:.: E: : ! ... tI tr a~. N tr tr tr tI" ... II.... i<ol e: 2' e. -a... ....._ .... er e;. II ....::: ' .. .... o II r Iii '< ~ j;' g- .... ""'Q"~ -."" o-a IIlto 0 tI G =~Cln Go... "'Ao.... .. 0 ... Ao o' tI t; S' tI c. ... to P :: S-iOOo_.... o n 0 0 '03""a a a:'3 ~ e 8''0 o' c.'" ::I.tI Os.~n a_ero e. '<= ~ i' ~ It .... t.1 ;) ~'If II Ao .....Ocr '!:.'lOoE'< o tI a ... "'t'!.fttr S-1Or"'1I 00"'0 "OS~E a a_a ..... .. O' II ;I ~ "" ... 0 0 ... . c..:S. 0 OA.cr a II ct (I).... mo :0' :S~ 0"0 m):. (1)-< iI': m 2: -f (I) o Z ):10 o o o c Z -f o 'Tl OJ ):. (I) o * liE!}" \n.-lIill".I" ..lid ElI&:i11Wr.' Exhibit '~A" 513/95 South Shore Senior Community Center Scope of Professional Services Concept Phase Services . 1. Meet widI the Task force as necessary ro estlblish roles and responsibilities of all parties involved in [be project. and esrablish communication and decision gWdelines 2. CoDduct regular meetings widI the Task Force co develop unc1erstancling of the . needs of the project. including ~ budgec,. schedule. funding. politics. ecc. 3. Provide analyses otthe Owners needs and programming the requiremenrs of the Project. 4. Review general site imbrmation as available. including survey, site utility, soils information. eu:. 5. Estlblish an overall concept for site development :md building plan: 6. Develop ail overall sd1ecIule. budgec,. and method of delivery for-the project. Schematic Design Phase Services 1. Validate the programming requirements relative co the date of auchorization co proceed. 2. Review owner-supplied infOl'IIWion. including survey. site utilities. soils. etc. 3. Review the concept plans.. schedule. b':ldgec and mechod ot delivery for the . project and and provide a preliminary evaluation of the project. 4. Review alternative approaches CO design and constnlCtion of the project. 5. Prepare drawings and ocher do<<..'W11entS illustrating the scafe'a.nd relationship otProjea componenrs. based on mulUafIy :1greecl upon program. schedule and budget. 6.. Develop a prelim;l1V)' estimate ot CODStl'UCtjon COSt based on cum:nt area. and od1e.r unit costS. . . 7. Review in detIiI widI Task Force and obtain approval ro proceed widI Design Development Phase. Design Development Phase , ( 1. Prepare drawings and other documents co fix and descn"be the size and cluu::1cter of the Project as co architecD1r.1f. scruCtur:1I. mechanic:1l and e!ecttic:1l systemS. and macerials. 2. Refine the estimate of COnstruction COSt ),. ARTICLE 11 BASIS OF COMPENSATION The Owner sbaIl compensate tbe Architect :IS (ollows: 11.1 AN INmAI.. PAYMENT of O. 0 0 Dollars ($ O. 0 0 ) shall be made II'PO. l:xecucioa of this Acreemont and credited to tbe Owner's a.Ccount a.t final payment. 11.2 BASIC COMPeNSATION 11 .2.1 PO R BASIC S ER VICES. as described ia Article 2. and an yother services included ia Article 12 :IS part of Bl1$ic Services. Basic CompeautioD sh:Ul be computed :IS (ollows: (lu." 71lllli, 01 (;O"'(I.III(uioll. illcl.dlll, lli,.I.,.d I..'. "'.'li,I., 0,. ,.rellllt.,,,. IIl1d iUtuih ,Iuu., ,. wlUclI penieelcr ",.t/loth of ,;0"'p.1I1.tio.. "(lpl.,. il".cIIss.,.,.) S 55,515.00 - 3,000.00 - 9,000.00 Concept Study Condutional Ose Permit . S 43,515.00 11.2.2 Where compensation is based on a stipulated sum or percentage of ConstrUction Cost. progress payments for Basic Services in eacb pbase shaH tot:U the following percentages of the total Basic Compensation payable: (Inlen "ditlanal pleUII' U "I'PI'D(I".t-.) Schematic Design Phase: 2', 17 S .75 Design Development Phase: 6 , 5 J 6 . 25 Construction Documents Phase: 1 9 . 60S. 75 Bidding or Negotiation Phase: 2 , 178 .75 Construction Phase: 13 , 0 7 2 . 5 0 percent ( 5 % ) percent ( 1 5 % ) percent ( 4 5 %) percent ( 5 %) percent ( 30 %) Total Basic Compensation $43.57S.00 one hundred percent(IOO9&) 11.3 COMPeNSATiON FOR AOOmONA1. SERVICES .11.3.1 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES. as described in Par:lgnph 3.2. compensation shall be computed as follows: . 11.3.2 FOR' AOOmONAL'SERVICES OF THE ARCHITECT. as described in Articles 3 and Ii. otber tban (1) Additional Project Representa.tion. u described ill Paragrapb 3.2. and (2) services iacfuded in Article 12 u part of Basic SC:rvlces. but excluding services o( consultants. compensation sball be compllced as follows: (InuTI 11.,il af (;Orrf(lelll4titlll. including I'tll.' "lidiaI' ",.ltipl., of Dir~cI P~l'Ia"II~1 Exp~It,~ {tI,.1'rinci114l1 tIIId _plaYII~I. tIIId idelltih Prillcipels tllld (;l.ssih em(lloY.CI. ill'cq.il'cd. Idlllltlh l(l<<l{ic I.,.,;U' ,. wleit:/r penieeler ",.tlrath ~ t:a_paltUiaJl IIppl,. if "<<"'14".) Principal Project: Manager Sr. Engin.eer Project: Archicect: S 95.00 75.00 75.00 65.00 Engineer Drafting Clerical 55.00 48.00-55.00 42.00 l'f'ttdu...d ...4.r II...... .""".r "SOOII:?..4 ..a. 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"":<If! ~ SUPPLEMENTARY CONDITIONS TOTBE STANDARD FORM OF AGREEMENT BE'IWEEN OWNER AND AR(;.HlTECT AlA DOCUMENT B141 BE'IWEEN THE CITY OF SHOREWOOD, OWNER, AND TSP ONE, INe., ARCHITECT Procedure The following Supplementary Conditions contain modifications to AIA Document B141, Standard Form of Agreement Between Owner and Architect (1987 Edition) in form of additions, deletions, and substitutions. Wherever the provisions of the Supplementary Conditions are inconsistent with the Standard Form, the terms of these Supplementary Conditions shall be controlling. . Article 2 -- Scope of Architect's Basic Services 1. New paragraph: 2.1.2 - Architect shall be responsible for the coordination of all drawings and design documents relating to Architect's design and used on the Project, regardless of whether such drawings and documents are prepared or performed by Architect, by Architect's consultants. 2. New paragraph: . 2.2.1.1 - The Architect shall advise the Owner of any need or advisability of the Owner's securing any tests, analyses, studies, reports, or consultants' services in connection with the development of the design and construction documents for the Project. 3. Add at the end o/Paragraph 2.2.5 the/ollowing: The preliminary estimate of Construction Costs referred to in this article and any adjustments thereto shall indicate, in a level of detail satisfactory to the Owner, the cost of each category of work involved in constructing the Project and shall include an estimate of the period of time required from the commencement to the completion of construction of the Project. 4. New paragraph: 2.4.2.1 - The Architect shall seek code compliance and review by appropriate authorities at schematic design and construction documents phase to assure Owner of Compliance with all applicable codes, ordinances, statutes, regulations and laws. 5. New paragraph: 2.5.2 - If the lowest bona fide proposal, by a responsible general contractor satisfactory to the Owner for construction of the Project pursuant to the approved drawings and specifications, exceeds the total construction cost of the Project as set forth in the most recently adjusted and approved preliminary estimate of Construction Cost submitted by the Architect under this article, then Architect shall, at its sole cost and expense, revise the drawings and specifications as may be required by Owner to reduce or modify the quality or quantity, or both, of the Work so that the total Construction Cost of the Project will not exceed the total Construction Cost set forth in the most recent approved preliminary estimate of Construction Cost. 6. Paragraph 2.6. J is deleted and the following is added in lieu thereof" 2.6.1 - The Architect's responsibility to provide basic services for the Construction Phase under this Agreement commences with the award of the Contract for Construction and terminates 90 days after the Temporary Certificate of Occupancy has been issued for the building. . 7. Paragraph 2.6.2 is deleted and the following is added in lieu thereof" 2.6.2 - The Architect shall provide administration of the Construction Contract as set forth in AIA Document A201, General Conditions of the Contract for Construction (1987 Edition), together with, and as amended by the Owner's supplementary general conditions and other documents included or incorporated into the Construction Contract. 8. Paragraph 2.6.3 is deleted and the following is added in lieu thereof" 2.6.3 - The duties, responsibilities and limitations of authority of the Architect may be reasonably restricted, modified or extended by the Owner after the date of this . Agreement, and if they are substantially restricted, modified or extended without written agreement of the Owner and Architect, then Architect's compensation shall be equitably adjusted. 9. Paragraph 2.6.5 is amended deleting the following sentence: "However, the Architect shall not be required to make exhaustive or continuous on-site inspections to check the quantity or quality of the work." J O. Add the following new paragraph: 2.6.5.1 - Although the Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the work, Architect shall review the quality and quantity of the work at least on a weekly basis as part of Architect's basic contract services, shall issue written reports of such reviews and further shall 2. conduct any additional reviews as an additional service hereunder at any other time requested by the Owner. 11. Paragraph 2.6. 7 is amended by inserting the words: "Owner and" before the words "the Architect", 12. Paragraph 2.6.8 is amended by adding the following sentence to the end of Paragraph 2.6.8: "Owner may communicate with the Contractor directly, provided that Owner shall notify Architect of such instructions with reasonable promptness thereafter." 13. Paragraph 2.6.17 is hereby deleted in its entirety and the following is added in lieu thereof" . "2.6.17 The Architect shall visit the site for the Project and thoroughly familiarize himself or herself with the local conditions under which the services required hereunder are to be performed; and that Architect shall correlate its observations of same with all of the requirements of this Agreement and of the Construction Contract Documents." 14. New paragraph: . 2.6.20 - Owner shall have the right to disapprove any portion of the Architect's work on the Project, including, but not limited to, schematic phase, design development phase, construction documents phase, bidding or negotiation phase or construction phase work, and any other design work or documents, on any reasonable basis, including, but not limited to, aesthetics, or because in the Owner's opinion, the construction cost of such design is likely to render such work or the Project infeasible. In the event that any phase of the Architect's work is not approved by the Owner, the Architect shall proceed, when requested by the Owner, with revisions to the design work or documents prepared for that phase to attempt to satisfy Owner's objections. No payment, of any nature whatsoever, will be made to Architect, for additional work or services, without such written approval by Owner. 15. New paragraph: 2.7.1 The Architect shall provide as part of these services, normal civil engineering services for the site development including grading plan, parking, paving, and site utilities. 3. Article 3 - Additional Services 16. Paragraph 3.3.3 is amended by adding to the end of the last sentence "except when such Change Orders and Construction Change Directives are issued solely as a result of some error or omission on the part of the Architect." 17. Paragraph 3.3.7 is amended by adding to the end of the last sentence "except when such claims are issued solely as a result of some error or omission on the part of the Architect." 18. Paragraph 3.4.10 is amended by adding to the end of the last sentence "other than the estimates of cost, and adjustments to same, required as Basic SeIVices . under this Agreement." 19. Paragraph 3.4.18 is hereby amended to read "for payment more than 120 days after the date of substantial completion" 20. New paragraph: 3.4.21 - Notwithstanding anything to the contrary expressed elsewhere in Article 3, no architectural seIVices made necessary, in whole or in part, by any fault or omission of the Architect to perform its duties, responsibilities or obligations under this Agreement, shall be compensated as an Additional SeIVice under this Agreement. 21. Paragraph 4.1 is amended by inserting the words: . "with the assistance of the Architect" after the word "shall" in the first line of Paragraph 4.1. 22. Paragraph 4.2 is amended by inserting the words: "with the assistance of the Architect" after the word "shall" in the first line of Paragraph 4.2. 23. New paragraph: 4.12 - Notwithstanding anything to the contrary in this Article 4, the Owner shall be required to furnish information or seIVices described in this Article 4 only to the extent that such information or seIVice is both reasonably required and actually requested by Architect in order to perform Architect's seIVices under this Agreement. 4. Ul er er "'tl 0 S' S' 0 00 '<'< a g 0':+10 ~ \0 o ~~. ~ ::2 08 ::3 ~oSla::;$ !t!:r ~ s:: er m ~. 'E.. m ~ ~ CD'< 0""'0 !am ~ o = .... !!.. u ....O~'"1JgCD~ ~e: ~ 0..2 ~ G. ~ .CD~~~O~ o '"1 i:: CD .~ = ::r~g.~-go~ a 0. g 2..9. ;: ~ '"1 ~ N' ~ a g '< CDo1l . g...... .g ::rs:-O~CD g 1l ~ CD ~ ~ '"1 =. ft g- 8 CD ::r ~ = 0. '"1 '"1..... 0 ~ er ~ ~ = ~ [ o' '<O=o....CD= o e: 0Cl 0 ':n~ Sl 5 ~ft~5 9..0. :3 0 CD "" CD ~ ;- ~ a. ~ 0 '"1 ~m Ol>>~tt. ;:p ~ <a = ~ g ;. ~ ~s:CD'"1~ ..... 0;::' 1l m CD CD = g:. o~. 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Ul ::n "0 CD N x"O CD '"1;J>N 0. ~ 8 I ~e.::r~ e. 0 ~. go .....I-+jSl"o ~e:o.ca (')mi::~ o CD ::2. 8 = ~ = ..... m .... 0Cl = 2 8 e- e OaCD'< s:t. CD 0. CD g ~ 1l ~. 0. ..... 8 ~ l>> ~ a ~8:o.CD ~ ~ ~ 0 ~g!!..n s:- CD .g 0 :! ;~ 8 f m a. {ii' !a 0. g ~ 0 0 (') meroo g,'<;::Jm gog-g~ i!. 9 a. g, r:s ~ g r:' ~ 0. ft ~ g 0. 8~ l:;'l ~ CD 0 S-a8 ~ "0 a. 0::r8 o l>> CD = m ..... ~. : 0 e- ::r a. .... l>> 8 CD=CD l>>~~ o ;::J ~ ~ > ., .... .... t') - CD Ul I I (') e = ~ .... ., = t') .... .... e = (') o Cft .... ~ ~ ~ ~ ::: ~ ::ll ~ .sa, ~ ~ .ij ;:to !Jt ~ ~ t;j" ~ ~ ~ ~ l ~ ~ ~ 5' aq t;j. ~ ~ ..... ::: t:':- (I) ;:: So ~ ~ o ":=;. Article 9 - Miscellaneous Provisions 29. Paragraph 9.1 is deleted and the following is added in lieu thereof 9.1 - Unless otherwise specified, this Agreement shall be governed by the laws of the State of Minnesota. 30. Paragraph 9.3 is hereby deleted in its entirety. 31. The last sentence of Paragraph 9.5 is deleted and in lieu thereof the following sentence is added: "Architect shall not assign this Agreement without the written consent of Owner and Architect shall not unreasonably object to any assignment of this Agreement by Owner." Article 10 -- Payments to the Architect . 32. Add the following language at the beginning of Paragraph 10.2.1.4 "If authorized in writing in advance by the Owner." 33. Paragraph 10.2.1.5 is deleted in its entirety. 34. Add the following language at the beginning of Paragraph 10.2.1.6 "If authorized in writing in advance by the Owner." 35. Paragraph 10.3.3 isdeletedandthefollowingisaddedin lieu thereof 10.3.3 - If the time initially established in Paragraph 11.5.1 is exceeded or extended through no fault of the Architect, the Architect's compensation shall be equitably adjusted for any additional services required as a result of such time being extended. . 36. New paragraph: 10.4.2 - Architect shall present each month a statement of additional services rendered and reimbursable expenses incurred for the preceding month. Architect expressly waives any right to payment for any additional services rendered if Architect does not give written notice of its claim that the services are additional within twenty days of rendering the services and if such services are not billed as additional services within sixty (60) days following their rendition. 6. 37. Paragraph 10.6.1 is amended by adding the following language: These records shall be preserved by the Architect for a period of three years after final payment. Article 12 - Other Conditions or Services 38. New paragraph: . 12.1 - Architect shall maintain throughout the period of this Project and for a period of three years thereafter, a standard form of errors and omissions insurance with an insurance company satisfactory to the Owner. Architect shall also maintain insurance coverage for comprehensive general liability, automobile liability and workers' compensation in forms and amounts satisfactory to Owner. 39. New paragraph: 12.2 - Architect agrees to indemnify, hold harmless, protect and defend Owner and Owner's agents, representatives and any affiliated or related entities against any and all claims, loss, liability, damage, costs and expenses, including reasonable attorney's fees, that are alleged to have occurred in whole or in part as a result of or due to the negligence or fault of Architect, its agents, consultants, employees or representatives, regardless of whether or not such claim, loss, liability, damage, cost or expense is caused in part by a party indemnified hereunder. 40. New paragraph: . 12.3 - Before requesting any payment under this Agreement, and as a condition precedent to any enforceability of this Agreement by Architect, Architect shall have submitted to Owner and Owner shall have accepted in writing a proposed schedule setting out the dates on which Architect plans to complete schematic design phase, design development phase, construction document phase, and bidding or negotiation phase. This schedule shall also set out the dates by which any actions, decisions, or information are required from the Owner in order to permit the Architect to perform according to this schedule. 41. New paragraph: 12.4 - All services provided by the Architect hereunder shall be performed in a reasonably prompt manner and shall be in accordance with reasonable professional standards applicable to such services on the type of Project contemplated by this Agreement, and Architect shall be responsible for all services provided hereunder. 7. ... !11IM" n ~ 1IIi.1..' h,' \n.'bilt..'I:oo and EIIt:illl,,\.t'" . . Exhibit "A" Cont. 5/3/95 Construdion. Documents Phase 1. Prepare Drawings :me! Speci.ticat1ons setting forth in detail the requirementS for the constrUCtion of the Project. 2.. Assist me Owner in prepanuion of necessary bidding informacion. bidding forms. Conditions of the Contract. and the foan of Agreement between the Owner and Comracror. , . 3. Refine the estimate at CODSttUCtion Cast. 4. Assist the Owner in filing documenrs required for the approval of any authorities having jurisdiction over the Project. 5. ContaCt potential bidders to solicit interest. ;;~ Bidding Phase Services 1. Write advertisement for bid for public:uion in newspaper. 2. Distribute bidding documentS to builder's exchanges. agencies. and biclders. 3. Conduct pre.{)id meeting with. potential bidders. 4. Answer questions that arise d~.ng bid period. 5. Review material and system substitution requestS from contractOrs. 6. Issue addenda regarding accepted substitutions. document clarifications. and questions rnised. at pre-bid. 7. Conduct Public bid opening and analyze results. 8. Qualify lOw bidder(s) :me! make contractor recommendation to Council. 9. Prepare Owner/Contractor agreement for final legal review. 10. Administer signing of agreement and oblain bond and iDsurance certi.ticates from contractor. Construction Phase Services l. Conduct regular meetings with Task Force. 2. Conduct pre-constIUCtion meeting with contr3CtOr & subconttaCtOIS 3. Conduct weekly coostnlCtion progress meeting to monitor schedule. 4. Meet on site as necessary ro discuss questions and issues. S. Review and process contraCtor shop dr:Lwings and samples for conformanCe with cIr.1wings & specific:1tions. 6. Interpret and decide on matters concerning pecfotmance of conttactor. 7. Monitor quality of work and reject non-conforming work. 8. Monitor and conttol project budget. 9. Review and process changes to the work.___.......__.__. 10. ReVIew ana process conrrnctor's monthly :q;plic:mon-ror"payment" IIJE'~" t ,...., \n:hiln'l" aud fo:lIl:illt....I... --..._--~... --- .. ..: 'r~ .. .. ;~'i'f.i~~5~{ I 't..c !:"' ';:,-. &:L . : rP!",. ''\I' Exhibit "A" Cont.:"'.:.,;:.,:::, 5/3/95' !i'~:<~ I L Review contraaOr's pllnrblist and add. owner/architect items for completion. 12. .Determine dare of subSCUlliat compledon for owner occupancy and start of warnuuee period. 13. Assist in projea closeout by securing all record documentS. warrancees. equipment lD~n"~s. ea:. from me conaactOr. 14. MOoirorCODtraaor's perfotmaace as co II'aining owners smtfin oper.Won of buiIdiug systems. IS. Issue final cenffic:tte for paymenr at end of projecr. 16. Conc1ua warnmr.ee walk through at aine IDOnw after substantial completion. OptfolUll Additional Services . L Providing inCer.ior design for rhe selection of furniture or furnishings. or the proc.-urement thereof. 2. Providing additional site repteSencadon. . . CKNO 17873 17874 17875 17876 17877 17878 17879 17880 17881 17882 17883 17884 17885 17886 17887 17888 17889 17890 17891 17892 . -- CHECK APPROVAL LISTING FOR FEBRUARY 20, 1996 COUNCIL MEETING CHECKS ISSUED SINCE FEBRUARY 13, 1996 TO WHOM ISSUED ~ MN DEPT OF REVENUE JANUARY SALES TAX BROWNING FERRIS IND. WASTE REMOVAL H. C. MAYER & SONS SALES T AX-/NV. 5348 METROCOUNOL ENVIRONMENT JANUARY SAC MICAH AFFORDABLE HOUS/NG-HURM M/NNCOMM PAGING PAGER NORTHERN STATES POWER UTIlIliES PETTY CASH PETTY CASH R8M8URSEMENT SUPERAMERICA RJa US WEST COMMUNICATIONS BElLBOY CORPORATION UOlJOR BELlBOY BAR SUPPLY M/SQSUPPUES MIDWEST COCA-GOlA MISe GRIGGS, COOPER & COMPANY lIQUORtW/NE JOHNSON BROS LIQUOR CO. WINE LAKE REGION VENDING MISe lINDERHOlM TRUCKING FR8GHr PAUSTIS & SONS WINE PH/WPS WINE & SPIRITS lIQUORtW/NE QUALITY WINE & SPIRITS UQUORtW/NE TOTAL CHECKS ISSUED Page 1 AMOUNT $9,625.00 27.00 20.60 1,683.00 10.00 4.26 269.98 55.76 968.61 48.93 2,683.68 123.75 247.43 4,470.50 1,419.13 357.42 173.60 633.00 2,040.09 981. 75 ~.: ! --, -- '"'d $I) O'Q CD N J...-; :d ~, . ...,~ i-- r- --; j-i .~. /, ~./-.' .;...... ~ i ~ I -~.} q ;;j H --{ {{l j ~ : () --;.~ ;4 -1 )ii :,...";' .....,I r--" ......"i co 3: ;~: J> -0 ~_~_l f.;} (.-j ;--l -" --->- .J..;- 7J l:-l ~, ::r :-:Ml -{ .:.1 ,.;..) 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MIr!~IE5 \)~~~, CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, FEBRUARY 6, 1996 Chair Borkon called the meeting to order at 7:04 p.m. ROLL CALL Absent: Chair Borkon; Commissioners Kolstad, Lizee, Rosenberger (arrived at 7:10 p.m.) and Turgeon; Council Liaison Benson and Planning Director Nielsen. Commissioners Foust and Pisula. Present: APPROVAL OF MINUTES Turgeon moved, Lizee seconded to approve the January 16, 1996 Commission meeting minutes as presented. Motion passed 4/0. . Chair Borkon addressed the members of the audience. Doug Miller, 25525 Orchard Circle, stated residents in his neighborhood had formed a neighborhood association and they were present tonight to voice their opposition to rezoning of the property across from Orchard Circle. He inquired as to the process involved to protect their rights. He stated his concern that the owner had been a member of the Planning Commission when the decision had been made to rezone the property. Chair Borkon stated she was glad the residents were in attendance tonight and excited they had formed a neighborhood association. She explained that when there is a proposed development, all property owners within 500 feet of the property are notified and a notice is published in the newspaper. Judy Englund, 25555 Orchard Circle, stated the neighbors were concerned that the property would be developed at a higher density than they feel it can support. Planning Director Nielsen explained rezoning of the aforementioned property was an item included in the comprehensive plan. He noted, however, that the owner has submitted an application to develop and rezone the property. That application will be considered by the Planning Commission in March of 1996, which will be sooner than it will be able to be considered as a part of the comprehensive plan. . . Mr. Miller asked when he would be able to view the application. Nielsen explained the application is public record and anyone can come to City Hall and view the application. Duncan Storlie, 5375 Eureka Road, stated he would like the Planning Commission to be aware of the resident's concern about rezoning the property. He stated the neighbors object to rezoning and would like to know if and why it is necessary. He also asked when this issue will be addressed. Nielsen explained if the submitted application is complete, a public hearing will be held. Any property owner within 500 feet of the proposed development will be notified and a legal notice will be published in the newspaper. Borkon explained rezoning and development of this property has been a long-time goal of the City of Shorewood. She noted this had been discussed at the comprehensive plan neighborhood mccting::> held last yeaL. Many residents had attended and a let of positi....'C fcedbaek was received. -- --. .. PLANNING COMMISSION MINUTES February 6, 1996 . PAGE 2 Council Liaison Benson noted the property owner did serve on the Planning Commission and was appointed to the City Council to fill a vacancy but he had no influence on this portion of the comprehensive plan. Commissioner Rosenberger stated the property owner had no input as to the rezoning of the property being included in the comprehensive plan. He suggested the residents attend the public hearing and provide good logical explanations for their concerns. Mr. Miller stated his comment regarding a possible conflict of interest was still in the exploratory stage. Council Liaison Benson explained the comprehensive plan is a living document subject to changes. He encouraged the residents to come to meetings and ask questions. Mr. Miller asked if the comprehensive plan was a living document, subject to change, who the residents would approach to request such changes. Nielsen explained an application for a comprehensive plan amendment would have to be submitted and a public hearing would be held to consider the request. He noted an application could be picked up at City Hall during business . hours. Mr. Miller noted the neighbors did not want to stop the development but wanted to see it done aesthetically and in a way to protect the land. Commissioner Turgeon noted this is also a goal of the Planning Commission. This goal is the basis of the development of the tree reforestation policy, wetland ordinance and new wetland setback restrictions. 1. STUDY SESSION A. Comprehensive Plan Implementation Plan Nielsen distributed a list of tasks which were included in the comprehensive plan implementation. He noted which items have been completed and explained each item in detail. He then asked the Commissioners to study the items and determine how they feel the tasks should be prioritized. It was noted the list will also be distributed to the City Council for their input as to the prioritization . of the tasks. The list will then be collected and staff will tabulate and compile the results and begin to prepare a work schedule to complete the tasks. A joint session between the Planning Commission and City Council will then be held to consider the results. Commissioner Turgeon noted she would like the City to work with the LMCD regarding education/regulation of use of chemical fertilizers and mosquito spraying. Nielsen noted the.housing plan and subdivision ordinance were two very important items of the comprehensive plan implementation. Chair Borkon relinquished the chair to Commissioner Turgeon at 7:45 p.m. and excused herself from the meeting. B. Senior Housing Discussion Nielsen distributed a conceptual preliminary sketch for senior housing at the property west of Eureka Road and north of Highway 7, which has been received from John Blumentritt representing Presbyterian Homes. He explained the proposal would include a three-story apartment style building with assisted care. It would also include 13 single-story cottage-type .. ". . . PLANNING COMMISSION MINUTES February 6, 1996 . PAGE 3 buildings with five units per building and a community building to serve the project. The project would require a higher density that is allowed in the R -1 C district. The developer is indicating they would require this increased density to recover project costs. Nielsen suggested the Planning Commission consider what could be done to encourage a lower density for the project, ie. tax increment financing or tax exempt bonds. Nielsen noted the City Council has given staff and the Planning Commission direction to revisit the zoning regulations pertaining to senior housing. One suggestion has been to tie in incentives such as density and reduced fees to affordability and services. Nielsen suggested a means be developed to negotiate incentives given, where the closer the development is to meeting the goals of the City for affordable senior housing, the more incentives the developer would receive. Council Liaison Benson stated he felt it was important for the City to be pro-active and work with the developer to address the density and possibly help with the financing. Mr. Miller asked if a stoplight would be installed at Highway 7 and Eureka Road. Nielsen indicated this area would be monitored to determine if a stoplight was warranted. There was Planning Commission consensus to discuss the senior citizen housing issue at the joint meeting of the City Council and Planning Commission. Nielsen noted the March 5, 1996 Planning Commission meeting would have to be rescheduled due to the political caucuses. There was Planning Commission consensus to reschedule the March 5, 1996 Planning Commission meeting to March 4, 1996 at 7:00 p.m. There was Planning Commission consensus to reschedule the February 20, 1996 Planning Commission meeting to begin at 6:30 p.m. rather than 7:00 p.m. 2. MATTERS FROM THE FLOOR - None 3. REPORTS Commissioner Kolstad reported the Snowmobile Task Force was in the information gathering stage. They have identified 19 policy change areas which include safety, curfew violation, etc. Information is being gathered within each of these 19 areas to make a recommendation of the extent of a problem if one exists. A list of questions has been sent to various persons such as the City Attorney, City Planner, etc. A survey is being assembled which will be sent to all residents in March of 1996. A pilot test of this survey will be distributed this month. The consultant will review the survey to ensure the questions are all presented in a neutral manner. Chair Borkon returned to the meeting at 8:55 p.m. and Commissioner Turgeon relinquished the chair to Chair Borkon. Commissioner Kolstad reported members of the task force are also taking trail walks to view if any violations are occurring. In April and May of 1996, the information gathered will be studied and a recommendation will be made. She reported the task force is progressing well. Council Liaison Benson reported on the actions taken at the January 22, 1996 City Council meeting. Chair Borkon reported her attendance at a recent Park Commission meeting. She stated the Minnetonka Youth Hockey Association gave a presentation regarding a covered facility for the proposed hockey rink at Freeman Park. This issue will be presented to the City Council and then tv the Plamtiltg COltllni~5iolL---- --"-----~----"--- -:...------. --------_.-_. -----. -------