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102395 CC Reg AgP " .. ~ CITY COUNCIL REGULAR MEETING CITY OF SHOREWOOD MONDAY, OCTOBER 23, 1995 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:30 P.M. The City Council will adjourn to a Work Session format immediately following the regular portion of the meeting. No action will be taken at this time. AGENDA 1 . CONVENE CITY COUNCIL MEETING A. Roll Call Stover Benson Malam McCarty Mayor Bean B. Review Agenda 2 . APPROVAL OF MINUTES City Council Regular and Work Session Meeting Minutes October 9, 1995 (Att.-#2 Minutes) 3 . CONSENT AGENDA - Motion to Agenda << Adopt Resolutions approve items Therein: on Consent A. A Motion Accepting Adequacy of petitions for City Improvements (Att.-#3A Petitions) B. A Motion to Adopt a Resolution Approving an Application for Deferment of Watermain Assessment (Att.-#3B Proposed Resolution) C. A Motion to Adopt a Resolution Authorizing a Budget Transfer and Authorizing Expenditure of Funds for Lighting Retrofit of City Hall (Att.-#3C Proposed Resolution) D. A Motion to Adopt a Resolution Revising a Resolution Approving a Variance Applicant: Robert West Location: 5815 Ridge Road E. A Motion Extending the Deadline for Final Plat Submission - Manitou Woods 4 . MATTERS FROM THE FLOOR (Presentations are limited to 3 minutes. No Council action will be taken.) 5. CONSIDERATION OF A RESOLUTION AWARDING GENERAL OBLIGATION WATER REVENUE BOND, (Att.-#5 Proposed Resolution) BIDS FOR THE SERIES 1995A " CITY COUNCIL AGENDA OCTOBER 23, 1995 PAGE 2 6 . CONSIDERATION OF DEAD END ALTERNATIVES FOR CHRISTMAS LAKE ROAD (Att.-#6 Engineer's Memorandum) 7 . CONSIDERATION OF PARTICIPATION IN LIVABLE COMMUNITIES ACT WITH METROPOLITAN COUNCIL (Att. -#7 Proposed Resolution) 8 . PLANNING Report by Representative A. A Motion to Direct Staff to Prepare Findings 0 f Fact Regarding a Conditional Use Permit for Accessory Space in Excess of 1,200 S.F. (Att.-#8A Planner's Memorandum) Applicant: Tom Wartman Location: 28120 Boulder Bridge Drive B. A Motion to Direct Staff to Prepare Findings of Fact Regarding a Preliminary Plat and Lot Width Variance - Woodside 2nd Addition (Att.-#8B Planner's Memorandum) Applicant: Don Peterson, representing LeGran Homes, Inc. Location: 28030 Woodside Road C. A Motion to Direct Staff to Prepare Findings of Fact Regarding a Preliminary Plat - McCary Addition (Att.-#8C Planner's Memorandum) Applicant: Carl Zinn, representing Thomas and Mary McCary Location: 6010 Ridge Road 9 . CONSIDERATION OF A MOTION TO ADOPT AN AMENDMENT TO SECTION 9.03 REGARDING WATERMAIN ASSESSMENTS (Att. -#9 Proposed Ordinance) 10. ADMINISTRATOR << STAFF REPORTS A. Report by Administrator on Request For Refund From the LMCD (Att.-#10A Letter to LMCD) B. A Motion to Establish Work Session Dates C. Review Snowmobile Task Force Expectations 13. MAYOR &: CITY COUNCIL REPORTS Report on Coordinating Committee October 11 Meeting * Pursuing Legal Action to Acquire Seized Property * Charging for Nuisance Calls 14. ADJOURN TO WORK SESSION FORMAT SUBJECT TO APPROVAL OF CLAIMS (Att.-#14) CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDA Y, OCTOBER 3, 1995 COUNCIL CHAMBERS 5755 COUNTRY CLUB RD 7:00 P.M. MINUTES DRAft CALL TO ORDER Chair Borkon called the meeting to order at 7:00 p.m. ROLL CALL Present: Chair Borkon; Commissioners Foust, Kolstad, Lizee, Pisula, Rosenberger (arrived at 7:05 p.m.) and Turgeon; Council Liaison Benson and Planning Director Nielsen. APPROVAL OF MINUTES Turgeon moved, Lizee seconded to approve the September 19, 1995 Commission meeting minutes amended by on Page 5, Paragraph 1, Line 1 replace "many trees which she has watched be destroyed one by one" with "two major trees being put in jeopardy as a result of a garage being built" and Page 5, Paragraph 8, Line 2 replace "Brenmar" with "Brynmawr". Motion passed 5/0 (Pisula abstained as he was not present at the September 19, 1995 meeting). Commissioner Rosenberger arrived at 7:05 p.m. Council Liaison Benson reported on discussion and actions taken at the City Council meeting of September 25, 1995. 1. 7:00 PUBLIC HEARING - C.U.P. FOR ACCESSORY SPACE IN EXCESS OF 1200 SQUARE FEET Applicant: Location: Tom Wartman 28120 Boulder Bridge Drive Chair Borkon announced the case and outlined the procedure for a public hearing. Nielsen reported Tom Wartman owns the property located at 28120 Boulder Bridge Drive and is proposing to build an attached 2 story garage with storage space above. The storage space will only be accessible from the house. This will result in total accessory space on the property of 2392 square feet which necessitates a conditional use permit. This request does meet the four criteria required to grant a conditional use permit. Nielsen indicated staff is recommending approval of the conditional use permit. Tom Wartman, 28120 Boulder Bridge Drive explained he felt his design would maintain the character of the existing house. He indicated the garage was in compliance with all setback requirements and all the surrounding neighbors are agreeable with the addition. Chair Borkon opened and closed the public hearing at 7:20 p.m. since no one appeared to address the Commission. The Commissioners considered the application. Commissioner Lizee asked if the oak tree on the southeast comer of the location of the proposed garage would be saved. Mr. Wartman stated he intended to protect the tree. Rosenberger moved, Pisula seconded to recommend to the Council that it approve the conditional use permit for Tom Wartman, 28120 Boulder Bridge Drive subject to staff recommendations. Motion passed 7/0. PLANNING COMMISSION MINUTES October 3, 1995 - PAGE 2 The Council will consider the recommendation at its October 23, 1995 meeting. 2. 7:15 PUBLIC HEARING - PRELIMINARY PLAT AND LOT WIDTH VARIANCE - WOODSIDE 2ND ADDITION Applicant: Location: Don Peterson, representing LeGran Homes, Inc. 28030 Woodside Road Chair Borkon announced the case. Nielsen reported Mr. Peterson is requesting to subdivide the property located at 28030 Woodside Roatl into two lots. A lot width variance is necessary due to the topography of the site and other features of the property. The property is located in the R- 1NS, Single-Family ResidentiaIlShoreland District and contains approximately 80,100 square feet of area. The property is 212 feet wide at the front building line and has approximately 355 feet of shoreline. As proposed the north lot would be 107 feet wide and the south lot 105 feet wide at the building line. Nielsenindicated there were a number of factors which supported the granting of a variance. There are many other lots in the area which do not meet the lot width requirements with some as narrow as 70 feet. The configuration of the lot is such that the 120 feet required width is met further back on the lot which is the most likely location for a house to be placed. The buildable area of both lots is adequate to allow two homesites. Nielsen stated an existing nonconforming accessory building on the site will be removed as part of the development of the property. Nielsen reported the preliminary plat shows a sewer easement along the lake side of the site as 50 feet. This easement is 15 feet and this should be corrected on the final plat. There is also a drainage and utility easement which is shown as five feet which should be corrected to 10 feet. Nielsen indicated this is a heavily wooded site and it is recommended the applicant be required to provide a detailed tree inventory showing all deciduous trees greater that eight inches DBH and all coniferous trees greater that six feet in height. Nielsen indicated staff is recommending approval of the preliminary plat and lot width variance subject to seven conditions. Chair Borkon outlined the procedure for a public hearing. Mr. Peterson, representing LeGran Homes, stated he had reviewed all the issues identified by staff with Mr. Schulties of LeGran homes and is in agreement with all. He stated he did not feel the lot width variance would alter the character of the neighborhood as there were many existing lots which had a smaller lot area or less frontage than the proposed lots. If the preliminary plat is approved, there is someone interested in one lot already. He stated the homes will be built on the area of the lot which exceeds 120 feet in width. He reported the sewer easement was a mistake ~d will be corrected and expressed the intent to save as many of the nice trees as possible. Chair Borkon opened and closed the public hearing at 7:34 p.m. since no one appeared to address the Commission. Commissioner Turgeon questioned if since there was already a buyer for one lot, there should be some language included regarding erosion control on the site. Nielsen explained construction limits are drawn when a building permit is issued. Generally 20 feet is allowed around the house and construction and erosion fencing is erected at that point. Commissioner Lizee commented that many of the properties on Woodside Road have shared driveways. She asked if this was being considered and also if the cluster of white pines would be removed or damaged. Mr. Peterson stated he did not have a detailed building design at the present time. He indicated he did not want to be committed to a shared driveway but it was a possibility. He stated the driveway would be located as to preserve the cluster of white pines. PLANNING COMMISSION MINUTES October 3, 1995 - PAGE 3 Commissioner Rosenberger stated he did not see the undue hardship in this case. He did not see how the property could not be put to reasonable use without the granting of the variance. Nielsen explained it was not reasonable to require the owner to maintain a lot two times larger than the other lots in the area. It created a hardship to require the lot meet the width requirement. He stated the average width of the proposed lots would be 135 feet. Commissioner Turgeon stated it was unreasonable to require an 81,000 square feet lot when there could be two 40,000 square foot lots. Commissioner Pisula noted it would alter the character of the neighborhood less to have two smaller homes on the lot than one large home on the lot. Mr. Peterson explained this parcel was originally three lots and was combined into one lot. He stated the proposed two lots would be as large or larger as most of the lots in the neighborhood. Greg Scott, 281 00 Woodside Road stated he disagreed with the hardship in this case. He stated there have been many builders interested in this site but the price was too high. He stated if this preliminary plat was not approved, there would be a nice home located on the site within two years. He indicated he thought it was silly to break the lot into two lots as there was no question someone would put a major investment on the property just the way it is. Brian Zubert, 28040 Woodside Road indicated his lot width was only 85 feet. He stated granting this variance would create a hardship for him as he has a big house on a small lot and now there will be another house crammed in beside him. Chair Borkon explained if the lot is divided, the resulting homes will be built within the setback requirements of the City of Shorewood. Mr. Zubert stated when he moved in, no lots were available and he bought what he could get. He questioned if two more houses will overcrowd the situation. Commissioner Rosenberger stated he did not know if one huge house or two smaller houses would affect Mr. Zubert any differently. He stated he was more concerned with consistency. He indicated he would rather hold the line on non-conforming lots in the area than encourage them by establishing two more non-conforming lots. Commissioner Kolstad indicated she agreed with the granting of the variance as it allows the property to be put to a reasonable use. Commissioner Pisula stated he agreed. He reiterated that a very large home would do more to alter the essential character of the neighborhood than two smaller homes. Turgeon moved, Kolstad seconded to recommend to the Council that it approve the preliminary plat and lot width variance for Woodside 2nd Addition, 28030 Woodside Road subject to staff recommendations. Motion passed 5/2 (Commissioners Lizee and Rosenberger voted naye). The Council will consider the recommendation at its October 23, 1995 meeting. 3. 7:30 PUBLIC HEARING - PRELIMINARY PLAT - MCCARY ADDITION Applicant: Location: . Carl Zinn, representing Thomas and Mary McCary 60 10 Ridge Road Chair Borkon announced the case and outlined the procedure for a public hearing. Nielsen indicated Mr. Zinn has submitted a preliminary plat to divide the McCary property located at 6010 Ridge Road into two lots. The property is zoned R-1NS, Single-Family ResidentiallShoreland PLANNING COMMISSION MINUTES October 3, 1995 . PAGE 4 and contains 3.36 acres. Nielsen explained the recently updated shoreland regulations require protection of areas with steep slopes. He indicated there are two topographical bluffs on Lot 2, one formed by Ridge Road and the other by Christmas Lake. Any building must be located 20 feet from a bluff area. This results in a small buildable area for this lot. The applicant has been asked to demonstrate how the proposed building pad could be accessed with a driveway that does not exceed eight percent grade. Staff is recommending the applicant's engineer be directed to provide a grading plan which shows how the driveway can be achieved and still comply with the 3: 1 maximum slope requirement and demonstrate the extent of retaining walls which will be necessary. This should be included as part of the final plat. The existing home has a hard cover surface of 23.9% and there does not appear to be a problem with the vacant lot. Nielsen stated it is anticipated that the construction of the home and driveway will require some removal of trees. However, the lot is heavily wooded and staff is suggesting rather than tree replacement, the applicant be required to concentrate efforts on landscaping of the area disturbed by the driveway grading. The applicant would also be required to provide a pullout on Ridge Road. Nielsen stated the property is presently not served by water and may never be. Until such time as the City Council makes a detennination that water will not be made available, the applicant is required to pay a $5000 trunk water charge and enter into an agreement for the water assessments. Nielsen indicated staff is recommending approval of the preliminary plat based on seven conditions. Chair Borkon asked if the water trunk charge would be reimbursed if it was determined that area would not be served by water. Nielsen indicated this was a policy decision which had to be made by the City Council. Carl Zinn, 5820 Ridge Road, questioned the requirement of an additional pullout as there is one currently located on the McCary property. Nielsen confirmed staff was requiring an additional pullout. Mr. Zion indicated a driveway under eight percent grade has been demonstrated and Mr McCary does not want the expense of providing a revised grading plan. He stated in regard to the bluff ordinance, the recorded 955 elevation is accurate as the DNR defines it but the bluff does then flatten out as to not exceed a 30% grade. He requested the limiting factor be the shoreland setback rather than the 955 elevation. Nielsen asked that the surveyor locate that on the plat. Mr. Zion asked if the water trunk fee could be handled in some other manner. Mr. McCary asked if there was any timeframe in which the City Council would be determining policy in regard to the water trunk fee. Nielsen suggested submittal of the final plat be delayed for the allowable six months and a determination by the City Council would most likely be made by then. Mr. Zinn indicated he did not want to wait six months. Nielsen indicated he could either pay the $5000 and possibly be reimbursed or the $5000 could be assessed and if'the determination made, the assessment abated. Council Liaison Benson noted any lots which are subdivided are charged the $5000 water trunk fee. McCary noted that this may be true but the other lots are more accessible. Council Liaison Benson indicated this was a possibility but this issue has not been looked at specifically. Mr. Zinn asked that the issue with regard to the bluff impact zone not be recorded in a protective covenant. He suggested the ordinance could accomplish the desired results. Chair Borkon opened and closed the public hearing at 8:28 since no one appeared to address the Commission. Commissioner Rosenberger noted the applicants concern with the water trunk issue but suggested it was to be determined by the City Council. Chair Borkon asked for clarification in regard to the required pullout. Nielsen explained there was a pullout located at the end of the existing McCary driveway but the proposed driveway would be steep and it was necessary to have room to park a PLANNING COMMISSION MINUTES October 3, 1995 . PAGE 5 vehicle on the road if the resident was unable to get up or down the driveway. He stated there was also the issue of emergency vehicle access. Commissioner Foust questioned the urgency of the revised grading plan. Nielsen noted this was important as these were sensitive lots. Nielsen stated he was comfortable with changing the bluff line setback requirement if the surveyor could show the slope on the plat. He stated he did not think this would affect the location of the driveway. In response to Chair Borkon, Nielsen indicated the requirement for the bluff impact zone could be stated as a condition of the final plat approval rather than put into a protective covenant. He suggested a page could be attached to the fmal plat demonstrating the location of the bluff with a statement that the lot would be subject to the bluff requirements in effect at that time. Chair Borkon indicated she was not comfortable requiring the applicant to pay the $5000 water trunk fee with there being a possibility that the applicant would not receive water. She would prefer to have some type of policy in place. Nielsen again stated the final plat could be delayed for six months or the fee could be assessed and when a determination was made that the water would not be made available, the assessment could be abated. He stated it is possible that water would be made available to Ridge Road but it may be cost prohibitive. He explained once City Council has made a determination, a decision would be made if the fee would be reimbursed. Chair Borkon stated she was uncomfortable recommending something that was not complete. Nielsen indicated all these issues were listed as conditions of the preliminary plat. If the issues were not resolved the final plat would not be approved. Mr. Zinn again addressed the pullout, indicating there are three pullouts in a row in this area. Council Liaison Benson and Nielsen stressed there was a safety issue involved. Chair Borkon indicated she was concerned that staff recommendations be carried out and she felt the lot was borderline. Commissioner Rosenberger expressed concern that if there were changes in the bluff requirements it may change the building pad and the driveway configuration. Pisula moved, Rosenberger seconded to recommend to the Council that it approve a preliminary plat for the McCary Addition, 6010 Ridge Road subject to staff recommendations with the following changes in Condition #3 substitute "any structure will comply with the shoreline setback and bluff requirements as denoted in new survey rather than tied to a specific elevation showing same at the time of the final plat approval" and in Condition #7 "requirements 3., 4., and 5. above shall be recorded in a protective covenant or other such instruments as agreed to by the Shorewood Planning Department and legal departments". Motion passed 4/3 (Commissioners Lizee, Turgeon and Foust voted naye. The Council will consider the recommendation at its October 23, 1995 meeting. 4. DISCUSS HIGHWAY 7 CORRIDOR STUDY Nielsen reported he is a member of the Steering Committee for the Highway 7 Corridor Study. He advised the Commission that the previous plan for a five-lane upgrade west of S.T.H. 41 is not likely to occur due to funding limitations. He explained it is likely that a "super two" design will be the recommendation of the new study. He stated the goal of the study is to improve, upgrade and enhance safety on Highway 7 from Highway 41 to Hutchinson. The intersections within Shorewood which will have the most improvements include Highway 7 and S.T.H. 41 to correct geometric alignment, Seamans DriveN ellowstone Trail propqsed for detachment of Yellowstone and realignment of Seamans with street to the south in Chanhassen, and Freeman Park entrance to PLANNING COMMISSION MINUTES October 3, 1995 . PAGE 6 consider right in only with a right turn lane (subject to consideration by the Park Commission). He reported the alternatives would be presented to the Steering Committee at a meeting scheduled for October 410, 1995 and it would be appropriate for the Planning Commission to discuss these at the next work session. There is also a neighborhood meeting scheduled in S t. Bonifacius for October 30, 1995. There was Commission consensus that Highway 7 desperately needed to be widened for safety purposes. 5. MATTERS FROM THE FLOOR. None 6. REPORTS Commissioner Kolstad reported her attendance at two Snowmobile Task Force meetings. She stated the task force had set up a schedule, identified issues and processes to be used, identified data they want to gather and how to gather it. The task force will be meeting again in two weeks. There was Commission discussion regarding the public hearing procedure. There was Commission consensus to direct staff to prepare an explanation of the public hearing procedure to be attached to legal notices which were sent to announce the public hearing. Commissioner Foust reported a meeting last week with Jim Daniels, Administrator of the Lake Minnetonka Cable Commission to explore possibilities to upgrade the audio-visual in the Council Chambers. 7. ADJOURNMENT Turgeon moved, Pisula seconded to adjourn the meeting at 10:27 p.m. Motion passed 7/0. RESPECTFULLY SUBMITTED, Lorri L. Kopischke Recording Secretary TimeSaver Off Site Secretarial , CITY OF SHOREWOOD PARK COMMISSION MEETING TUESDA Y, SEPTEMBER 26, 1995 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. MINUTES DRAFT 1. CALL TO ORDER Chair Mary Bensman called the meeting to order at 7:36 p.m. 2. ROLL CALL Present: Chair Bensman; Commissioners, Dzurak, Puzak, Martin and Wilson; Administrator Hurm; Council Liaison McCarty. Absent: Commissioners Colopoulos and TretteL 3. REVIEW AGENDA There were no changes to the Agenda. 4. APPROVAL OF MINUTES Dzurak moved, Martin seconded to approve the minutes of Tuesday, August 29, 1995 as printed. Motion carried unanimously. 5. MATTERS FROM THE FLOOR There were none. 6. COMMISSIONER REPORTS A. Vacation of Silverwood Turf Trail - Commissioner Dzurak reported that the trail property which was deeded as parkland will remain as public property until the end of time unless a very unlikely decision would be made by the City to allow residents to buy portions of the land. The memo from Attorney Keane, dated August 30, 1995 regarding this issue is an official attachment to these minutes. Chair Bensman asked about the handling of encroaching structures. Dzurak replied that land cannot be claimed by anyone not paying the property taxes, so possession would remain with the city. He also explained that one of the points of adverse possession is that when asked to remove an encroachment, if a property owner refuses, it is considered a point of potential ownership. In order to maintain control of the space, the city should remind property owners of possession every 15 years. Existing encroachments will need to be dealt with and residents should be informed of the status of the land to prevent future violations. The Park Commission is aware of one case of a fence structure and one of shrubbery being within the trail property. The fence will need to be removed and the owner of the shrubs will need to be notified of the possibility in the future that they may be required to be moved. -I SHOREWOOD PARK COMMISSION MINUTES TUESDA Y SEPTEMBER 26, 1995 PAGE 2 of 4 Commission agreed that the area needs to be visibly marked and that they are responsible to monitor for condition and possible future encroachment. It was suggested to possibly include the trail property as part of the yearly park tours. Administrator Hurm noted for the minutes that city staff be diligent to see that there is not encroachment and suggested that administration draft a letter to affected property owners to clarify this policy. B. Snowmobile Task Force - Commissioner Martin commended Jim Hurm for his handling of a challenging first meeting of the task force. The purpose was to be an organizational meeting, but quickly moved into the issues with both sides expressing strong feelings. Hurm read from the resolution when asked to clarify the purpose of the Snowmobile Task Force, which is basically to gather information and to prepare a recommendation to resolve the question of possibly banning snowmobiles from trails and/or city right of ways. It was noted that while a solution will be difficult to find, the task of data collection will also be hard because it requires objectivity on an emotionally charged matter. Where a consensus is not possible, there will need to be a majority/minority report. After further discussion about potential solutions and leadership needs, it was agreed that Jim Hurm should fulfill the role of facilitator and see how well things progress during the next month or so. The upcoming meeting dates are set for Mondays, October 2 and 16. C. Hockey Task Force - Hurm reported that the meeting of today was canceled due to a number of members being unable to attend. He did report that John Flood will meet with the new superintendent prior to another Task Force meeting. Freeman Park is still a potential alternative site. D. Parks Foundation - The October meeting date of the Parks Foundation is to be changed from the 19th due to MEA week. The new date has not been established. Dzurak reported that there has been approval for a tax exempt status for the Foundation. Steve Dzurak was commended (and.applauded) by the Park Commission members for his work on establishing the Parks Foundation. E. Budget Process - Hurm reported that the Council did not hold the work session on the budget due to the late hour of their regular meeting. Therefore, there are no changes, adjustments or concerns with the budget at this time. 7. REVIEW 1995 PARK IMPROVEMENTS Freeman - The trees donated by Wilson Nursery have been planted in a few areas, with a row planted as a barrier to keep cars from parking on grassy areas. Bushes have also been planted at one corner of the volleyball area to block balls from rolling onto the road. Some boulders will also be added. Water fountains and shelter are yet to be installed. Hurm prepared the commission for a future issue related to the Highway #7 Task Force which will present the question of changing exit/entrance procedures to the park. Although this is very preliminary, some .. - SHOREWOOD PARK COMMISSION MINUTES TUESDA Y SEPTEMBER 26, 1995 PAGE 3 of 4 options were briefly discussed. Commissioner Puzak pointed out the issue of simplicity of instructions for traveling teams. Of course, safety is the key consideration. Silverwood - Commissioner Wilson reported that he has finished with the plantings and mulch on the hill along the large slide. Dzurak commented that the area looks good and that people seem to be staying off of the plantings, but still "cut through" on the bark at the top of the hill. The idea of posting signs to stay off the bushes was suggested. Other problems to address are: the rocks being thrown onto the parking lot and a slide on the Gametime play equipment that looks warped. Dzurak and Wilson will take a look at this and report to the next meeting. Bensman asked that the minutes show that the commission commended Jim Wilson for his landscaping work in the parks and applauded him for a job well done. Manor. The parking lot is ready to be paved and should be done this week. Cathcart -The fence is yet to be moved and parking lot to be installed. The trail will be done after that. The roof has been installed on the play set. Badger. Hurm reported that Don may want to leave the hockey area as it is until spring at this point, depending on the weather. Puzak asked whether the plans for timing needs to be modified by the Park Commission. Hurm said that it is not necessary. The question was brought up about the need to add fill to the culvert with the suggestion being made to consider using fill from the construction of the Senior Community Center. Hurm said that Public Works will try to coordinate. General. Hurm presented the Citizen Evaluation Survey Results as they related to the parks. He stated that it appears that people notice and appreciate the park improvements. (Results are attached to and part of these minutes.) 8. DISCUSSION ON COMMEMORATIVE SIGNS AT PARKS A list of existing signs and ideas for additional ones was handed out at the meeting. Puzak felt that broken signs must be repaired out of respect and appreciation for the organizations and individuals represented on those signs. It is the commission's responsibility to maintain them properly, whatever the cost or inconvenience. He suggested the idea of a single plaque representing the entire park. Discussion led to two issues: Directional signs to define locations of fields, fountains, satellites, etc. and Commemorative signs at individual equipment sites. Both functions could be hard to combine in one unit. Bensman suggested a free standing structure ( kiosk) similar to those along trail, as a solution to both needs. Puzak suggested bolting a sign on the pump house at Silverwood. Bensman asked if members would be willing to visit the parks to assess current situation and to consider ideas. ' Martin moved and Puzak seconded that all Park Commission members go out and look at signs and the newly planted trees and reconvene at the October 24 meeting and proceed with a decision. The motion passed unanimously. Hurm added a suggestion that each person take a look at the structure that is just to the west of the new high school in Chanhassen as a possible idea to combine two satellites and storage area under one roof. ~ ... SHOREWOOD PARK COMMISSION MINUTES TUESDA Y SEPTEMBER 26, 1995 PAGE 4 of 4 9. ESTABLISH NEXT MEETING DATE The next meeting date is scheduled for October 24, 1995 at 7:30 p.m. 10. ADJOURNMENT There being no further business, Puzak moved, Martin seconded, to adjourn the meeting at 8:59 p.m. Motion passed unanimously. RESPECTFULL Y SUBMITTED, Connie Bastyr Park Secretary CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD. MINNESOTA 55331-8927 · (612) 474-3236 EXECUTIVE SUMMARY SHOREWOOD CITY COUNCIL MEETING MONDAY, OCTOBER 23, 1995 .. Immediately following the regular portion of the meeting, the Council will reconvene in ! : work session format to discuss the various enterprise fund budgets of. the City. Agenda Item #3A: This motion accepts the adequacy of petitions received regarding water assessments and trunk charges for the following: 1) Alan Krutsch; 2) John Paulson; 3) Birch Bluff Lake View Addition; 4) Smithtown Meadows; and 5) Heritage. The public hearing requirement is waived upon receipt of a petition. Agenda Item #3B: This resolution grants a deferment of special assessments for David Ryan, 25560 Smithtown Road. Although the application is technically after the deadline, the Council may very well wish to pass this resolution approving the deferment for which applicant is qualified. Agenda Item #3C: This resolution authorizes an energy saving project of retrofitting the City Hall first floor fluorescent lamps and ballasts. This resolution authorizes an expenditure so $2,725 for Lamp ! Service Inc. to undertake the project. The appropriate budget transfer is also included. .. Agenda Item #3D: This resolution revises one done last month approving a setback variance for Rob West at 5815 Ridge Road. The revised resolution clears up a discrepancy between the dimensions listed in the original relolution and the exhibit upon which it was based. The discrepancy occured because Ridge Road strays out of its easement abutting Mr. West's property. The Planning DireclOr recommends that at least four members of the City Council vote to approve this request. Agenda Item #3E: Abingdon Development Corp. has transferred its preliminary plat approval for Manitou Woods (two twin homes on Co. Rd. 19) to Omega Development, who has requested a six-month extension of time to submit a final plat. The Planning Director recommends approval of the extension. Agenda Item #5: Because the bids on our bonds will not be opened until Monday, the blanks in this resolution will be filled in Monday evening by Bob Thistle of Springsted, Inc. Agenda Item #6: The packet includes a memorandum from the City Engineer showing three alternatives for the Christmas Lake Road dead-end. Also included is a letter from Dawn Christesen and Rick Dyer requesting a fourth alternative. City Engineer recommends Alternative C. The report was mailed to the neighbors on October 18. They were placed early on the agenda so they wouldn't have to wait through the meeting like they did last time. A Residential Community on Lake Minnetonka's South Shore Executive Summary - City Council Meeting October 23, 1995 Page 2 of 2 Agenda Item #7: Mary Hill Smith, our representative to the Metropolitan Council, has indicated her intention to attend the meeting. Please review the enclosed resolution very carefully. It in fact goes beyond indicating our willingness to participate in the Livable Communities Act in that it also sets goals which would have had to be addressed by mid-December anyway. Brad Nielsen has reviewed the resolution and I have reviewed in substance with Metropolitan Council staff. Agenda Item #8A: Tom Wartman requests approval of a conditional use permit to add an attached garage to his home at 28120 Boulder Bridge Drive. The proposed garage complies with all zoning requirements and the architecture of the new building reflects the character of the old Dayton mansion. Approval has been recommended by the Planning Director and the Planning Commission. Council approval requires a four- fifths vote. A motion to direct staff to prepare findings of fact is in order. Agenda Item #8B: Mr. Don Peterson, representing Legran Homes, requests a lot width variance and preliminary plat to subdivide the property at approximately 28030 Woodside Road into two lots. The proposed lots are 105 and 107 feet in width at the 50-foot setback line but widen to 165 feet each at the shoreline of Lake Minnetonka. The Planning Director recommends approval subject to several conditions. . The Planning Commission agreed on a 5-2 vote. A four-fifths vote is required by the City Council. At this time direction for staff to prepare a fmdings of fact is necessary. Agenda Item #8C: Thomas and Mary McCary propose to subdivide their property at 6010 Ridge Road into two lots. The Planning Director recommends approval subject to a number of conditions which address site access and steep slopes. The Planning Commission voted 4-3 to approve. It has been recommended that a findings of fact be prepared for the preliminary plat. Council approval requires a simple majority vote. Agenda Item #9: Staff is recommending that the Council consider an amendment to our water special assessment ordinance as presented in the packet. The proposed changes are crossed out and underlined in the attached Chapter 903 as codified. This was prepared for you this way to better review the proposed changes within the context of the entire code as already adopted. These changes are proposed as a result of staff discussions relating to the actual implementation of the original ordinance. A majority of these changes are clarifications. Any change of particular substance will be identified and discussed in detail at the meeting. Agenda Item #IOC: The Snowmobile Task Force has asked me to review their charge with the City Council and ask specifically if there is anything beyond what is in the original authorizing resolution that you would like them to address. . CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY, OCTOBER 9, 1995 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING Mayor Bean called the meeting to order at 7:33 p.m. A. Roll Call Present: Mayor Bean; Councilmembers Benson, Malam, McCarty, and Stover; Administrator Hurm, City Engineer Brown, City Attorney Keane, Planning Director Nielsen, and OSM Engineer DeLaForest. Review Agenda . B. McCarty moved, Malam seconded to approve the agenda for October 9, 1995 as amended by removing Item 3C. from the consent agenda to discussion item following Item 6A. Motion passed 5/0. 2. APPROVAL OF MINUTES . A. City Council Regular Minutes - September 25, 1995 McCarty moved, Stover seconded to approve the September 25, 1995 City Council Regular Meeting Minutes as amended on Page 8, Paragraph 1, Line 6 remove "but", on Page 9, Paragraph 5, Line 3 replace "$1,920.00" with "$1,920,000.00", on Page 10, Paragraph 3, Line 1 replace "Grant" with "Grant Lorenz", on Page 11, Paragraph 4, Line 2 replace "that" with "than", on Page 11, Paragraph 6, Line 2 replace "proposed park" with "proposed ballfields", and on Page 13, Paragraph 12, Line 1 replace "Lake" with "Point". There was also consensus to remove "Direct Staff to Prepare Findings of Fact Regarding" from all titles. Motion passed 5/0. 3. CONSENT AGENDA Mayor Bean read the Consent Agenda for October 9,1995. Stover moved, Benson seconded to approve the Motions on the Consent Agenda and to adopt the Resolutions therein: A. RESOLUTION NO. 95-94. "A Resolution Approving a Setback Variance / Variance to Structurally Alter a Nonconforming Structure." Applicant: John Hunner. Location: 20625 Radisson Road. B. RESOLUTION NO. 95-95. "A Resolution Approving a Conditional Use Permit for Space in Excess of 1,200 Square Feet." Applicant: John and Julie Simondet. Location: 5390 Shady Hills Road. #Z- REGULAR CITY COUNCIL MINUTES October 9, 1995 - PAGE 2 D. RESOLUTION NO. 95-96. "A Resolution Approving a Conditional Use Permit and Setback Variance." Applicant: Mark Haymaker. Location: 4300 Enchanted Drive. E. RESOLUTION NO. 95-97. "A Resolution Authorizing Execution of a Non- Disclosure Agreement in Hennepin County." F . Motion to Accept Adequacy of Petition for City Improvement." Applicant: Loren and MaryLee Pahl. Location: 25880 Smithtown Road. G. Motion to Approve the LMCIT Excess Liability Coverage and to Not Waive the Monetary Limits. H. Motion to Set a Public Hearing for November 13, 1995 at 7:45 p.m. to consider the Vacation of a Drainage and Utility Easement. Applicant: Allan Larson. Location: 4320 Dellwood Lane. I. Motion to Approve a Sign Permit. Applicant: We Care Hair. Location: 19905 Highway 7 (Waterford Center). RESOLUTION NO. 95-99. "A Resolution Approving a Final Plat - Smithtown Meadows." Applicant: Abingdon Development Corporation. Location: Smithtown Road, East of Eureka Way. K . RESOLUTION NO. 95-100. "A Resolution Proclaiming Saturday, October 28, 1995 as Rake-A-Thon Day." J. . L. . RESOLUTION NO. 95-101. "A Resolution Approving a Final Plat - Birch Bluff Lake View Addition." Applicant: Brian Fredrickson. Location: 26115 Birch Bluff Road. M. Motion to Approve and Authorize Execution of a Deferred Loan Repayment Agreement - John and Robert Levering, 25170 Yellowstone Trail. Motion passed 5/0. 4. MA TTERS FROM THE FLOOR -None. . 5 . PARKS - Report by Representative Commissioner Dzurak reviewed the discussions and actions taken by the Commission at its September 26, 1995 Park Commission meeting. (Details are provided in the minutes of that meeting. ) There was discussion in regard to the property formerly known as the Silverwood Turf Trail. It was noted there was a property owner encroaching this City-owned land with a fence. There was also one property owner who is encroaching the City-owned land with landscaping. There was Council consensus to direct staff to inform the landowner encroaching City property with the fence to remove the fence from public property and to notify the resident who is encroaching City property with landscaping, that it is allowable but the land will remain City property. It was suggested these notices be sent on an annual basis. . . REGULAR CITY COUNCIL MINUTES October 9, 1995 - PAGE 3 6. PLANNING - Report by Representative Commissioner Pisula reviewed the discussions and recommendations made at the Planning Commission's October 3, 1995 meeting. (Details are provided in the minutes of that meeting.) A. Consideration of Request by Tony Eiden Company to Allow Issuance of Certificate of Occupancies at Heritage Development. Nielsen reported the Tony Eiden Company is asking the City to waive the requirement in the Heritage Development Agreement which states no houses can be occupied until the first lift of asphalt is in place on the new street. Nielsen stated staff review has raised a number of issues associated with this. He indicated the class 5 provides a stable driving surface when it is dry or frozen but when spring arrives with the thaw, rain and potential construction traffic the street has the potential for a quagmire. Nielsen stated he did not have a report from the Fire Marshall in regard to emergency access. Nielsen noted there will be a maintenance problem in terms of snow plowing. Even if the developer performs the maintenance, the City will still get calls with complaints. Nielsen indicated staff is recommending denial of the request as this policy was placed in the development agreement for a good reason. Chuck Dillerud, representing the Tony Eiden Company, stated this was only a contingency plan as the intent was to finish the street before winter. He explained he did not feel there would be a problem with the road in the spring as the City of Shorewood requires 18 inches of sand and rolled clay underneath the class 5. He reported of his meeting with the Fire Marshal who expressed concerns with fIfe while the homes were under construction. An agreement has been reached to build a temporary service road into the boulevard parallel to Noble Road to allow emergency access. Turn arounds will also be provided. He indicated if Certificates of Occupancies were allowed the developer would maintain the streets fully. If an agreement were drawn by the City Attorney, the residents could be given the agreement up front so they would be aware of the situation. He noted the project had been pushed back for a long period due to the development moratorium. Mayor Bean noted this may actually accelerate the construction process by five to six months which could possibly shorten the building period by a whole season. He stated he was in agreement with the request if the City Attorney can address the liability issue and Tony Eiden Company agrees to maintain the streets. Benson moved, Malam seconded to direct staff to create an agreement and grant a waive of the provision in the Heritage Development Agreement which requires that the first lift of asphalt be in place on the new street before any Certificates 0 f Occupancies can be issued for seven lots including Lot 3. Councilmember Benson commented he felt some of this hardship had been created by the development moratorium. Councilmember Stover stated she. was not comfortable with the waiver because the City does not arbitrarily come up with policies and procedures in regard to developments. She asked if the differential factor in this waiver was the temporary street. Mr. Dillerud stated the temporary road had no bearing on the waiver. He indicated the differential factors in this instance were the roads will be heavier than seen in the City of Shorewood in the past, the developer and builder were the same, these are presold homes and this is a once in a 30 year occurrence where the City ha? to make a major policy decision regarding the water issue, which held up the proJect. Councilmember Stover stated she felt the moratorium had nothing to do with the provision in the Heritage Development Agreement. Motion passed 4/1 (Stover voted nay). REGULAR CITY COUNCIL MINUTES October 9, 1995 - PAGE 4 3C. Consideration of a Resolution Approving a Conditional Use Permit and Variance to Allow Accessory Space in Excess of 1,200 Square FeetlVariance to Temporarily Allow Two Single-Family Dwellings on One Lot. Applicant: Gerald Grewe. Location: 4550/4560 Enchanted Point. Nielsen reported at the last City Council meeting staff was directed to prepare a resolution for this approval. One of the conditions of approval was that the house be completed within one year of the issuance of the building permit. Mr. Grewe is asking for additional time. The architect is estimating the house will be completed within 18 months due to the size and the amount of custom work involved. Nielsen indicated staff is recommending on Page 3 of the resolution, Item C be revised to state "the exterior and site work of the new home must be completed within one year and the house be completed in entirety within 18 months". Mayor Bean questioned how this would affect the timing of the demolition of the existing house. Nielsen confrrmed the demolition of the existing house would also be extended to 18 months. Benson moved, Stover seconded to approve Resolution No. 95-102, "A resolution granting a variance to temporarily allow two homes on one lot, a conditional use . permit for accessory space in excess of 1,200 square feet, and a variance for the amount of accessory space to Gerald Grewe, 4550/4560 Enchanted Road subject to an amendment on Page 3 item c. that the applicant must complete the new home exterior and "close it in" within one year and an additional six months to finish the interior and removal of the existing house be extended also. Motion passed 5/0. 6B. Consideration of a Tree Preservation and Reforestation Policy Nielsen explained this was a result of the Comprehensive Plan update completed last year to deal with tree preservation and reforestation. He stated the policy was primarily geared toward new development and new homes and did not extend to existing homes of record requesting to build a deck, garage, etc. This policy requires new developments to show the City where existing trees are located and prepare a plan to retain as many of the trees as possible and replace trees removed at a certain ratio. Trees 8-12 foot tall are replaced with two 2-1/2 foot trees. Trees larger than 12 feet are required to be replaced by three 2-1/2 foot trees. There is a cap on this which states no more than eight trees per acre will be required to be replaced. Nielsen reported this policy has been . applied to the Heritage and Lundgren developments and some variances with good results. He reported the Planning Commission is recommending approval on a 4/2 vote. The Commissioners voting against the policy were pleased with the policy but would like it to also extend to existing lots and any building permit. It was recommended that an informational handout be. included with building permits to educate residents in regard to tree preservation measures. The Planning Commission will be discussing this issue further. Staff felt the intent of the policy was to address primarily new development and not get down to the individual tree but protect the wooded character of the area. Nielsen suggested the policy be adopted by resolution and later an ordinance will be provided to adopt the policy by reference. This will allow flexibility in updating the policy as needed. Councilmember McCarty noted she would like to see existing lots addressed in some way. She agreed however, it would not be appropriate to tamper with property owner's rights. Councilmember Stover stated she favored this approach as far as it had gone. She expressed an overwhelming concern that the City Council not make decisions regarding a person's own home or trees on their own lot. She stated she felt most people who chose to move to Shorewood like trees and if they wanted to cut trees down it should be their choice. REGULAR CITY COUNCIL MINUTES October 9, 1995 - PAGE 5 O:>un~ilmember Malam stated he wo~l~ like to see this policy relate to new development, new pnncIpal structures and any sort of buIlding permit. Councilmember Stover stated the intent of the policy is to maintain the general character of the neighborhood. When a person adds a deck on to their house and chooses the deck over one tree, that is their choice. She stated she felt the informational handout was something which could be done to save trees without being dictatorial. McCarty moved, Benson seconded to approve the 4th draft of the Tree Preservation and Replacement Policy. Motion passed 5/0. 7. Consideration of 1996 Animal Control Contract with the City 0 f Chanhassen City Administrator Hurm stated this was presented to the City Council annually for approval. He reported there isa 3.5% increase from the 1995 contract. Stover moved, Benson seconded to approve the 1996 Animal Control Contract with the City of Chanhassen. Motion passed 5/0. . 8. Consideration of a Motion to Adopt a Resolution Requesting the Minnetonka School Board to Approve a Site for a Water Tower on the Minnewashta School Property Mayor Bean reported he had received a call from Kathy Kasmer, Chair of the School Board, and Dr. Daniel Jeu, Superintendent, regarding the site for the water tower. He indicated there had been some confusion by them as to what actions had actually been taken by the City Council in regard to this decision. Mayor Bean stated he had reached an agreement with Dr. Jeu for this item to be placed on the agenda of the School Board meeting and the Council would present their potential position, based on the decision tonight, as preferring Site 3, with Site 7 as acceptable, and allow the School Board to choose the sites. Stover moved, Malam seconded to adopt Resolution No. 95-103, "A resolution requesting the Minnetonka School Board to approve a site for a water tower 0 n the Minnewashta School property" and to send this resolution to the School Board and let them decide the location. . Councilmember Stover stated she hoped the School Board would see that Site 3 has some merit as it is less obtrusive and less expensive. Councilmember Malam noted the general area of Site 3 was the initially agreed upon location and has always been the City's preferred location for the water tower site. Voting on the motion. Motion passed 5/0. Mayor Bean recessed the meeting at 9:30 p.m. and reconvened the meeting at 9:37 p.m. 9. ADMINISTRATOR AND STAFF REPORTS A. Administrator's Report on TraffIc Complaints. Hurm indicated two more traffIc complaints had been received, one from Amy Macgowan and one from Kim Richards, regarding the Near Mountain Boulevard area and the Chaska Road area. He stated there seems to be consistent complaints in these two areas. Hurm reported staff will review REGULAR CITY COUNCIL MINUTES October 9, 1995 - PAGE 6 with the Public Works Department and report back to the City Council with alternatives within 30 days. Hurm reported he received a letter from the State of Minnesota Board of Government Innovation and Cooperation in regard to a meeting sponsored by State Senators and Representatives which will be held on Wednesday, October 18 from 6:30 to 9:30 p.m. at the Hopkins City Hall. Brown reported the watermain project is proceeding. He reported there has been a problem with the soil which has hampered construction. He stated he will be presenting a change order at the next City Council meeting and will provide a full report at that time. Mayor Bean expressed concern that two utility lines had been severed by the contractor. Brown reported two gas service lines had been severed but that Minnegasco had responded by providing a location crew to guide the contractor anytime he is near service lines. DeLaForest stated he felt the work thus far is going well. The contractor has been quite responsive and cooperative. 10. MA YOR AND CITY COUNCIL REPORTS Councilmember McCarty reported there is a desperate need for blood type A or 0 positive or . negative. She urged anyone interested to contact the Memorial Blood Center for more information. Mayor Bean reported City Administrator Hurm had received a letter from Mary Hill Smith, Metropolitan Council District #3 indicating they have recommended to the full Council that the property tax revenues from the regular route funds be transferred to Metro Mobility to pay 50% of the cost to operate complimentary transportation for Osseo, Shorewood, Tonka Bay, and White Bear Township. The remaining 50% will be absorbed in the Metro Mobility Program. 1. ADJOURNMENT TO WORK SESSION FORMAT SUBJECT TO APPROVAL OF CLAIMS McCarty moved, Benson seconded to adjourn the City Council meeting to Work Session format at 9:56 p.m., subject to approval of claims. Motion passed 5/0. RESPECTFULL Y SUBMITTED, Lorri L. Kopischke Recording Secretary TimeSaver Off Site Secretarial . ATTEST: ROBERT B. BEAN, MAYOR JAMES C. HURM, CITY ADMINISTRATOR CITY OF SHOREWOOD WORK SESSION MONDA Y, OCTOBER 9, 1995 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 9:57 P.M. MINUTES 1. CONVENE WORK SESSION MEETING Mayor Bean called the meeting to order at 9:57 p.m. A. Roll Call Present: Mayor Bean; Councilmembers Benson, Malam, McCarty, and Stover; Administrator Hurm, Planning Director Nielsen, and City Engineer Brown. 2. LIVABLE COMMUNITIES ACT Hal Freshley and Ann Braison were present to represent the Metropolitan Council in regard to the Livable Communities Act. Mr. Freshley explained the goals of the Act were to try to increase the number of affordable housing units in the communities that have been developing a lot of jobs so there would be more housing in the area for the people who were taking the jobs, try to increase the number of jobs back . into the areas where there were already a number of people unemployed and look in the long term at the livability of all regions in the community given the economic changes and aging of the population. The Legislature and Metropolitan Council would like communities to look forward and evaluate their mix of housing stock in the community to meet the amount of need and demands of the aging populations in the community. The Legislature passed the Livable Communities Act and asked the Metropolitan Council to negotiate with all communities in the metropolitan areas to pass a resolution to move toward livable goals. These goals include three portions, an affordability portion, a mix in housing stock, and a density percentage. The incentives to sign up for this program include funds for polluted site clean-up, demonstration grants, and housing funds. The deadline for sign-up is November 15, 1995. Councilmember McCarty excused herself from the work session at 10:36 p.m. The Councilmembers discussed the Livable Communities Act. It was suggested the City of Shorewood's goal could be to provide affordable senior housing and accomplish a housing plan. The Council directed staff to place this item on the next agenda of the regular scheduled City Council meeting. 3. ADJOURNMENT . Benson moved, Stover seconded Motion passed 4/0. to adjourn the Work Session meeting at 11 :25 p. m. RESPECTFULLY SUBMITTED, Lorri L. Kopishcke Recording Secretary TimeSaver Off Site Secretarial ATTEST: ROBERT B. BEAN, MAYOR. JAMES C. HURM, CITY ADMINISTRATOR . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 . (612)474-3236 N1EMORANDUM . TO: FROM: DATE: RE: FILE NO. Mayor and City Council Brad Nielsen 18 October 1995 Petitions for Water Charges and Assessments . The City has, or will have, received petitions from a number of property owners requesting that water trunk charges and assessments be levied against their properties for up to 15 years. The Council must determine the adequacy of these petitions in order for the petitioners to be included on an assessment roll. Since some of the petitions may not be received until Monday a resolution will not be prepared and distributed until just before the meeting. Consequently, if there are any questions relative to any of the petitions, this item will have to be pulled off the consent agenda for further discussion. If you have any qu~stions before then, please contact me. cc: Jim Hurrn Tim Keane AI Rolek A Residential Community on Lake Minnetonka's South Shore ~,A~ . . CITY OF SHOREWOOD RESOLUTION NO. 95-_ A RESOLUTION GRANTING DEFERMENT OF SPECIAL ASSESSMENTS FOR THE 1995 WATER IMPROVEMENTS PROJECT WHEREAS, the Shorewood City Council has adopted Minnesota State Statutes 435.193 through 435.195 allowing senior citizens or retired and disabled persons who meet hardship conditions to defer special assessments for the 1995 Water Improvement Project; and, WHEREAS, the City Council has outlined the conditions constituting such hardships in Section 903.18 Subd. 7 (b) of the Shorewood City Code; and, WHEREAS, a certain resident to be so specially assessed has filed application for such deferment and has been found to comply with all necessary conditions. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood that the special assessments for the 1995 Water Improvements Projects, and the interest thereon, be deferred for the following resident: Name David Ryan Address 25560 Smithtown Road PID No. Amount 33-117-23-23-0004 $5,000.00 ADOPTED by the City Council of the City of Shorewood this 23th day of October, 1995. ATTEST: Robert B. Bean, Mayor James C. Hurm, City Administrator/Clerk jB . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 . (612) 474-3236 MEMO TO: FROM: DATE: RE: Mayor and Councilmembers Al Rolek Ctt.-- October 19, 1995 . Deferment of Water Improvement Special Assessment for David Ryan, 25560 Smithtown Road Mr. David Ryan has made application for deferment of the Water Improvement special assessment levied on his property. Upon reviewing the application we find that Mr. Ryan meets the guidelines for the deferment as he has a permanent and total disability and also has an annual income which falls below the Section 8 Very Low Income guideline. His disability status has been recognized and verified by the MN Department of Revenue for homestead and property tax purposes. Although Mr. Ryan contacted the City after the deadline for applying for deferment had lapsed, it was our general feeling that it is the intent of the City Council to allow qualified persons the opportunity to defer the special assessment. As the assessment roll has not yet been certified to the Hennepin County Auditor, it is still possible to grant a deferment to Mr. Ryan. . I would, therefore, recommend that the special assessment for Water Improvements levied against Mr. Ryan's property, along with interest accruing thereon, be deferred in accordance with our water special assessment policy. A draft resolution is included for your consideration. Please call me prior to the meeting on Monday night with any questions you may have relative to this matter. A Residential Community on Lake Minnetonka's South Shore . Name CITY OF SHOREWOOD WATER IMPROVEMENT SPECIAL ASSESSMENT DEFERMENT APPLICATION FORM I L d --; ,7't -- ;rf-z..,..,-/ / / r- I -'., /,/ ,LJ '-' ..If /. _j 0' /.... "./: / . i'" . - .' - ......., " / "" / Home Phone / ; / ,r, / ,r ), /;>::~,'/' \ /", , / LJ ......, ....~ i:J/) Address -:' / "",' '- .>;~..'.'):, ;- ,'1)..1-: $/,/1 " Work Phone 0' /? ' ;/'/ ~ . Number of Household Residen~s (excluding any renters) #~ Number ofrenters//~:)/'[". Amount of rent paid by all renters $ You must provide WRITTEN VERIFICATION of the combined annual gross income of ALL residents from ALL sources, including, but not limited to, wages, tips, commissions, alimony, child support, spousal maintenance, AFDC, Social Security, worker's compensation, federal and state supplemental income, rent, investment income, public assistance, self employment income, and gains form sale of property and/or securities. Acceptable WRITTEN VERIFICATION includes: copies of recent pay stubs ONL Y if year-to-date income is included; formal employer statements of anticipated earnings in the next . twelve months; federal, local or sate government statements of income; bank statements for residents on fixed, direct deposit incomes; copies of 1993 and 1994 federal income tax returns (copies of Federal Forms 1040 must accompany application). If you have rental income, please include signed statements from your renters indicating the monthly rent paid. Name of Resident Age Annual Income 'fh' '']?" I $ if 'J--- 2- -;- _ ",7) ",7,ov $ $ $ $ ,.-- Total Income $ yD,~ Source of Income itA- 5 S (h:,/...; (';; ;?(.,~;; 5' 77.;tc-:.:, , I . Everything I have stated above is true and correct to the best of my knowledge and belief. , ,. '\ / I' / />'/ ,/ . ',of', " /"(1/")' /, L~.,./ . tr ,\ ' "It., .' //-'. - 7// /y/ Signature y ~/ / Note: All names and fmancial information provided on this application are considered private data on individuals and are subject to privacy of information provisions pursuant to State Statute. ./ '" / /,. -'--- / / '/. ~,.//o/ " / / / 1.// ,,/ // Date Please deliver or mail the completed application along with required verification to: Shorewood City Hall, 5755 Country Club Road, Shorewood, MN 55331 If you have any questions concerning this application, or the process in general, please call Alan Rolek, Finance Directorffreasurer, at 474-3236. ,.lvlINNESOTA Department of Revenue Property Tax Division Mail Station 3340 St. Paul, i\ttN 55146 Phone (612)296-0204 Fax (612)297-2166 TDD(612)282-2095 08/23/95 David N Ryan PO Box 42 Excelsior, N1N 55331 RE: Special Homestead Classification Dear i\1:r. Ryan: . We have received your 1995 Special Homestead Classification application for homesteads owned by persons who are permanently and totally disabled. Your application has been approved and we will be notifying the county that you have. qualified for this classification. Your taxes will be calculated in a special way as detennined by the legislature for disabled homeowners. Tnis will result in a reduction in your property taxes payable in 1996. However, you will not see any type of credit or designation on your property tax state- ment because of this classification. . You will automatically receive a renewal application next year. You do not have to enclose documentation to verify your disability again, just fill it out and return it to our office in the enclosed envelope. . ' Sincerely, fi. /J ;J ,1 , \ {Ll~[j/~A\ I t ~J~jV;L~ Kelley Murra1 ~~) Special Homestead Classification Section ,-\/1 ,':Hh/! ,It'.t1ort!/J/itu employer TOO. 'I.~i::, ~{,}:-.':'::-1b . . CITY OF SHOREWOOD RESOLUTION NO. 95-_ A RESOLUTION AUTHORIZING APPROVAL FOR EXPENDITURE OF FUNDS TO RETROFIT FLUORESCENT LIGHTS IN CITY HALL WHEREAS, the City of Shorewood is desirous of saving money on its electrical bill; and, WHEREAS, NSP is currently offering a rebate incentive to improve lighting efficiency by retrofitting fluorescent lamps and ballasts; and, WHEREAS, the City is interested in improving the work area environment of its employees as well as the Council Chambers; and, WHEREAS, the City has acquired three quotes for such retrofit, with Lamp Service Inc. providing the low quote. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Shorewood authorizes the City Administrator to contract with Lamp Service Inc. to retrofit the lamps at City Hall on the first floor before December 1, 1995 for an amount of $3,598.94. The City's total cost, after NSP's rebate of $987.73, will be $2,611.21. BE IT FURTHER RESOLVED that the following transfer is authorized within the 1995 budget for said purpose: $2,600.00 from Account # 10-7143 to Account # 10-5723. ADOPTED by the City Council of the City of Shorewood this 23rd day of October, 1995. Robert B. Bean, Mayor ATTEST: James C. Hurm, City Administrator/Clerk 'JC ) Sheet1 City Hall Electricity Charge 9/29/95 ~ ~ January 290.84 245.67 February 259.09 223.72 March 260.79 233.46 April 260.79 291. 1 2 May 305.39 278.89 June 500.97 462.08 July 509.05 424.89 August 446.76 September 479.68 October 324.11 November 312.73 December 296.67 Total 2,386.92 4,019.78 Monthly Avg. 340.99 334.98 MonthlY Ava. - 2 year 337.19 . . Page 1 ~' MEMORANDUM To: Jim Hurm Becky Tarvh(-, October 3, 1995 Lighting Retrofit for City Hall From: Date: RE: . Three quotes have been received to date estimating costs to retrofit our current fixtures on the main level of City Hall from T -12 to T -8 lamps. The project would involve: 1. Replacement of all ballasts in office area and council chambers 2. Replacement of lamps in office area and council chambers 3. Disposal of ballasts and lamps 4. Conversion of Exit signs from 20 watt bulbs to LED lamps I requested quotes be divided into three parts - retrofit of office area only, retrofit of council chambers only, and redoing the exit signs (upstairs). The following illustrates each company's estimates. City Hall Council Exit Total Estimated Contractor Office Area Chambers Si~ns ~ Rebate Frontier Electric $1,980.00 $1,080.00 $300.00 $3,360.00 nla Egan Companies $2,679.00 $1,005.45 included $3,684.45 $859.06 Lamp Service Co. $2,585.17 $714.14 $299.63 $3,598.94 $987.73 . Note: The actual number oflamps quoted varies: Frontier - 68, Egan - 81, Lamp Service- 84. In the attached file are the proposals that were submitted by these companies. The average City Hall Electricity charge per month is $337.19 (see attached). Lamp Service Co. provided us with an estimated savings per month of $49.84. Therefore, based on these numbers we have the possibility of saving as much as 15% on our electricity bill. Using the estimate of $49.84 per month savings, it would take 6.01 years to begin saving money after payback of project costs. Including the rebate, it would take only 4.36 years, illustrated below: Lamp Service Quote Rebate Cost after rebate $3,598.94 987.73 $2,611.21 $2,611.21 divided by $49.84 ~ 52.39 Divided by 12 (months) = 4.36 years for payback to retrofit upstairs of City Hall. Retrofit Proposal October 3, 1995 Page 2 of2 By retrofitting the office area and exit signs only, we could see a quicker payback: Lamp Service Quote Rebate Cost after rebate $2,884.80 776.47 $2,108.33 $2,108.33 divided by $49.84 = 42.30 Divided by 12 (months) = 3.52 years for payback on office area and exit signs in City Hall. To summarize the benefits of retrofitting, NSP highlights the following: · Cash rebates available now to help offset the equipment costs · Lower energy costs · Lower replacement and maintenance costs · Improved light output and color rendering · Improved comfort levels, noise reduction · Reduced cooling load · Reduced per-fixture energy costs . Because of the December 15 rebate deadline, electrical contractors will become increasingly busy as we get closer to that date. Work must be completed and all paperwork signed off by December 15, 1995, to receive the additional 15% rebate. I'm hoping we can have funds approved so that we will be able to quickly determine our contractor of choice and . can proceed with scheduling the work. It will take approximately 1 - 3 days to complete the retrofit. CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOREWOOD. MINNESOTA 55331-8927 · (612) 474-3236 MEMORANDUM . TO: FROM: DATE: RE: FILE NO. Mayor and City Council Brad Nielsen 18 October 1995 West, Rob - Setback Variance Revision 405 (95.25) . Last month a setback variance was granted to Rob West to build a garage at 5815 Ridge Road. When Mr. West applied for his building permit it was discovered that there was a discrepancy between the exhibit showing the garage location and the dimensions which appeared in the resolution approving his variance. The problem stems from the fact that the traveled surface of Ridge Road strays out of its easement. To resolve this matter we have prepared a revised resolution matching the dimensions to the exhibit upon which the variance was based. The garage will be 20 feet from the paved surface of the street, rather than 29 feet, and the variance is 45 feet, rather than 36 feet. It may be worth noting that the applicant proposes to scale the building down to one level, instead of the previously approved two-level structure. If you have any questions relative to this matter, please do not hesitate to contact me prior to Monday night's meeting. cc: Jim Hurm Tim Keane Rob West 3_0_ A ResidentialCommunity on Lake Minnetonka's South Shore CITY OF SHOREWOOD RESOLUTION NO. A REVISED RESOLUTION APPROVING A SETBACK VARIANCE AND VARIANCE TO EXPAND A NONCONFORMING STRUCTURE FOR ROBERT WEST WHEREAS, Robert West (Applicant) is the owner of certain real property located at 5815 Ridge Road in the City of Shorewood, County of Hennepin, State of Minnesota, legally described in Exhibit A, attached hereto and made a part hereof; and WHEREAS, the Applicant's existing home is located too close to the traveled surface of Ridge Road constituting a nonconforming structure; and WHEREAS, the Applicant proposes to add on an attached garage to the south side of the existing horne, which garage requires a 45-foot setback variance from the traveled surface of Ridge Road; and . WHEREAS, the Applicant's request has been reviewed by the City Planner and his recommendations have been duly set forth in a memorandum to the Planning Commission dated 31 July 1995, which memorandum is on file at City Hall; and WHEREAS, a Public Hearing was held by the Shorewood Planning Commission on 1 August 1995, for which notice was duly published and all adjacent property owners duly notified. WHEREAS, the Applicant's request for a variance was considered by the City Council at their regular meeting on 28 August 1995, at which time the Planner's memorandum and the minutes of the Planning Commission were reviewed and comments were heard by the Council from the City staff; and WHEREAS, a discrepancy has been discovered between the exhibit upon which City Council Resolution No. 95-82 was based and the dimensions referenced in said resolution. . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Shorewood as follows: FINDINGS OF FACT 1. That the property described in Exhibit A is zoned R-INS, Single-Family Residential/Shoreland. 2. That approximately 75 percent of the Applicant's home is located within the required 50-foot setback from Ridge Road. 3. That the Applicant proposes to add a 22' x 24' attached garage 20 feet from the traveled surface of Ridge Road. 4. That Ridge Road is a private road and the required 50-foot front setback is measured from a point 15 feet from the edge of the traveled surface of the street. 5 _ That the site is characterized by severe topography which drops from Ridge Road to the shoreline of Silver Lake. . . 6. That the Applicant proposes to demolish an existing garage located very close to Ridge Road. 7. That a garage located on the property to the south is located only 26 feet from the traveled surface of Ridge Road. 8 . That building a garage any further back on the property would result in significant site alteration and unnecessary loss of trees. CONCLUSION A. That the Applicant has satisfied the criteria for the grant of a variance under Section 1201.05 of the Shorewood City Code and has established an undue hardship as defined by Minnesota Statutes Section 462.375, Subd. 6(2). B. That based upon the foregoing, the City Council hereby grants the Applicant's request for a 36-foot setback variance. C. That the City Clerk furnish the Applicant with a certified copy of this resolution for recording purposes. D. That the Applicant record this resolution with the Hennepin County Recorder or Registrar of Titles within thirty (30) days of the date of the certification of this resolution. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 23rd day of October, 1995. ATTEST: Robert B. Bean, Mayor James C. Hurm, City Administrator/Clerk - 2 - . . LEGAL DESCRIPTION: "All that Part of Government Lot 8. Section 36. Townshio t 17 North. Ran~e 23 West or' che 5th Prindoai Meridian. described as follows: Commencing at rhe center o(said Section: chence West on East - W cSt cemer line a distance of -+ t 6. i feet: chence angle [err 67 degrees. 03 minutes, 6.5 teet: rhence :mgle left 44 degrees. 07 minutes. a distance ot 67.9 teet: rhence :mgle right 26 degrees 21 minutes, 1 distance or" 91..+ teet: rhence angle right 10 degrees. 59 minutes a disw.nce of 216.91 feet: thence angle leri: 91 degrees. 26 minUtes a distance of 374. 18 reet. more or tess, to rhe shore of Silver l.:tk:e: chence in a Norrheastedy direction :uong che lakeshore co a point distant 70 reet East tram che center or said Section on East-West centerline; chence W cst a distance of 90 reet more or less co rhe point of beginning, EXCEPT rhe following described cract: All mat part or Government Lot 8. Section 36, Township 117, Range 23, Hennepin County, Minnesota. described as follows: Commencing at the center of said Section 36: chence West :uong rhe North line of said Government Lot 8. a distance of 416.70 reet: thence Southerly, deflecting co the left at:m angle of 67 degrees 03 minutes. a distance of 6.50 teet; thence Southeasterly, derlecting co the left at an :mgle or.:.+4 degrees 07 minutes, a distance of 67.90 feet: thence Southerly, der1ecting co the right at :m :mgie of 26 degrees 21 minutes, a distance of 92.40 feet: the:J.ce Southerly der1ecring co (he right at :m angle of 10 degrees 59 minutes. a distance of 76.92 teet to the actual point or' beginning of the cr:J.cc of [and co be described: chence continuing Southeriy. :uong an cxte:J.sion of last described course. to irs incersection with {he Northerly line of Rezistered L.:md Survev ~jo. 472. Files of (he Registrar of Tides. Councv of Hennenm. said last described course bein~ hereinaiter refelTed to as Line A: chence Easterly. along said Northerly line of RegIStered Land Survey No. ~71. to the shore of Silver Lake: tJ.~ence :-ioftheriy :uong sciid shore line of Silver L.lke, co :m incersec:ion with a line drawn Easterly from rhe icrual poine of beginning and It 1 right angle co aforesaid Line .-\: chence Wesceriy. :uong said line so drawn. to the acmal pome of beginning. accordin!Z to che Cnited States Governme:J.t Survev thereof:md situate in Hennenin Coun('l!, Ylinnesoca. .. ' ., Exhibit A.. MEMORANDUM . TO: FROM: DATE: RE: FILE NO. CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD · SHOREWOOD. MINNESOTA 55331-8927 · (6121474-3236 Mayor and City Council Brad Nielsen 18 October 1995 Manitou Woods - Extension of Deadline to submit Final Plat 405 (94.16) The preliminary plat for this project (two twin-home lots on Co. Rd. 19) was approved in April of this year. Since then Abingdon Development has transferred its approval to Omega Development, Inc. Jerome Hertaus, representing Omega. requests a six-month extension of the deadline for submitting the final plat (see his request letter, dated 11 October 1995 - Exhibit A. attached). . Section 1202.04 Subd.l.a. of the City Code provides for such extensions to be approved by the City CounciL Approval is recommended. cc: Jim Hurm Tim Keane Larry Brown Ed DeLaForest Jerome Hertaus A Residential Community on Lake Minnetonka) South Shore 3.t:" --- -. 1fiiM.. OMEGA DEVELOPMENT, INC. BUILDERS . DESIGNERS · DEVELOPERS October 11, 1995 . 4100 BERKSHIRE LANE: PLYMOUTH. MINNESOTA 55446 (612) 493-3309 FAX (612) 559-1258 Ms. Patti Helgesen Planning/Zoning City of Shorewood 5755 Country Club Road Shorewood, Minn. 55331 Re: Preliminary Plat Manitou Woods Dear Ms. Helgesen, Per our conversation yesterday, I am sending to you via facsimile, this letter requesting an extension of the preliminary plat of Manitou Woods. I have a copy of a letter dated October 2, 1995 from Mr. Bradley J. Nielsen, Planning Director to Mr. Chuck Dillerud of Abingdon Development Corp. This letter acknowledges assignment and transfer of all interests in the preliminary plat to Mr. Mark Sawyer owner, in Fee Simple Estate of the subject property. . On October 4, 1995, Mr. Sawyer as vendor, and Omega Development, Inc. as vendee have entered into a Contract for Deed for the purchase of 5580 Manitou Road (Henn co. # 19) also referred to under your previous consideration as " Manitou Woods ". The letter of October 2, 1995 from Mr. Nielsen reminds Mr. Dillerud of expiration of the preliminary plat approval on October 24, 1995 for" Manitou Woods ". . Omega Development, Inc. as a new equitable interest in the subject property, respectfully requests of the City Council, City of Shorewood, a six month extension of the preliminary plat of " Manitou Woods". Omega Development, Inc. would appreciate the opportunity and extra time afforded by an extension, to study the proposal, feasibility, and area market survey for Manitou Woods. A 1 though ou r in it; a 1 fee 1 ; ng is, that the highest and best use for the subject property ;s a single permitted commercial use, we would like to study the proposal of our predecessor. ~ctfUl1Y . ~ rome Hertaus resident JAH/sah cc: Mr. Mark Sawyer f-"h; b; t- ,A.~ ". . . EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF SHOREWOOD HENNEPIN COUNTY, MINNESOTA Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Shorewood, Hennepin County, State of Minnesota, was duly held at the City Hall in said City on Monday, the 23rd day of October, 1995, at 7:30 p.m. The following members were present: and the following were absent: * * * * * * * * * The Mayor announced that the next order of business would be the consideration of bids for the purchase of $1 ,920,000 General Obligation Water Revenue Bonds, Series 1995A. The City Administrator/Clerk then presented the bids which had been received by Springsted Incorporated prior to the time specified in the terms of proposal and had been opened and examined earlier in the day and had been found to be as follows: 1 #5 ... After due consideration of said bids, Councilmember then introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AWARDING THE SALE OF $1,920,000 GENERAL OBLIGATION WATER REVENUE BONDS, SERIES 1995A; FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT. BE IT RESOLVED, By the City Council of the City of Shorewood, Minnesota, as follows: 1. The bid of to purchase $1,920,000 General Obligation Water Revenue Bonds, Series 1995A of the . City described in the terms of proposal is hereby found and determined to be the highest and best bid received and shall be and is hereby accepted, such bid being to purchase such bonds at a price of $ plus accrued interest to date of delivery, such bonds to bear interest as follows: Net effective interest rate: The sum of $ , being the amount bid in excess of $1,891,200, shall be credited to the Debt Service Fund hereinafter created. The City Administrator/Clerk is . directed to retain the good faith check of the Purchaser pending completion of the sale and delivery of the Bonds, and to return the good faith checks of the unsuccessful bidders forthwith. The Mayor and City Administrator/Clerk are directed to execute a contract with the Purchaser on behalf of the City. 2. The City of Shorewood will forthwith issue and sell its General Obligation Water Revenue Bonds, Series 1995A (the "Bonds") in the principal amount of $1 ,920,000, dated November 1, 1995, in the denomination of $5,000 each or any integral multiple thereof, numbered No. R-1, upward, bearing interest as above set forth, and which mature serially on February 1 in the years and amounts as follows: 2 . . YEAR AMOUNT YEAR AMOUNT 1997 $125,000 2005 $125,000 1998 130,000 2006 130,000 1999 125,000 2007 130,000 2000 130,000 2008 125,000 2001 130,000 2009 130,000 2002 125,000 2010 130,000 2003 130,000 2011 125,000 2004 130,000 The City may elect on February 1, 2005, and on any day thereafter, to prepay Bonds due on or after February 1, 2006, at a price of par plus accrued interest. 3. Both principal of and interest on the Bonds shall be payable at and the City of Shorewood shall pay the reasonable charges of said bank for its services as paying agent. 4. The Bonds will be printed in substantially the following form: 3 (Face of the Bonds) UNITED STATES OF AMERICA STATE OF MINNESOTA HENNEPIN COUNTY CITY OF SHOREWOOD GENERAL OBLIGATION WATER REVENUE BOND, SERIES 1995A Rate Maturity Date of Original Issue CUSIP November 1, 1995 The City of Shorewood, Minnesota, a duly organized and existing municipal corporation in Hennepin County, Minnesota (the City), acknowledges itself to be indebted . and for value received hereby promises to pay to or registered assigns, the principal sum of $ on the maturity date specified above, with interest thereon from the date hereof at the annual rate specified above, payable August 1 and February 1 in each year, commencing August 1, 1996, to the person in whose name this Bond is registered at the close of business on the fifteenth day (whether or not a business day) of the immediately preceding month. The interest hereon and, upon presentation and surrender hereof, the principal hereof are payable in lawful money of the United States of America by check or draft by , of _, Minnesota, as Bond Registrar, Paying Agent, Transfer Agent and Authenticating Agent, or its designated successor under the Resolution described herein. For the prompt and full payment of such principal and interest as the same respectively become due, the full faith and credit and taxing powers of the City have been and are hereby irrevocably pledged. The City may elect on February 1, 2005, and on any day thereafter, to prepay Bonds .. due on or after February 1, 2006, at a price of par plus accrued interest. The City Council has designated the issue of Bonds of which this Bond forms a part as "qualified tax exempt obligations" within the meaning of Section 265(b) (3) of the Internal Revenue Code of 1986, as amended (the Code) relating to disallowance of interest expense for financial institutions and within the $10 million limit allowed by the Code for he calendar year of issue. Additional provisions of this Bond are contained on the reverse hereof and such provisions shall for all purposes have the same effect as though fully set forth hereon. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon 4 shall have been executed by the Bond Registrar by manual signature of one of its authorized representatives. IN WITNESS WHEREOF, the City of Shorewood, Hennepin County, Minnesota, by its City Council, has caused this Bond to be executed by the facsimile signatures of the Mayor and the City Administrator/Clerk, and has caused this Bond to be dated as of the date set forth below. Dated: (Facsimile Signature) City Administrator/Clerk (Facsimile Signature) Mayor CERTIFICATE OF AUTHENTICATION . This is one of the Bonds delivered pursuant to the Resolution mentioned within. as Bond Registrar and Paying Agent By Authorized Representative (Reverse of the Bonds) . This Bond is one of an issue in the aggregate principal amount of $1,920,000 (the Bonds), all of like date and tenor except as to serial number, denomination, interest rate, maturity date, and redemption privileges, issued pursuant to a resolution adopted by the City Council on October 23, 1995, (the Resolution), to finance the construction of improvements to the water system of the City pursuant to Minnesota Statutes, Chapter 444, and is issued pursuant to and in full conformity with the provisions of the Constitution and laws of the State of Minnesota thereunto enabling, including Minnesota Statutes, Chapter 475. This Bond is payable primarily from net revenues of the water system of the City which are credited to the General Obligation Water Revenue Bond, Series 1995A Fund (the Bond Fund) of the City, but the City is required by law to pay maturing principal hereof and interest hereon from any available funds of the City if moneys on hand in the Bond Fund are insufficienttherefor. The Bonds are issuable only as fully registered bonds, in denominations of $5,000 or any multiple thereof, of single maturities. As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City at the principal office of the Bond Registrar, by the registered owner hereof in person or by his attorney duly authorized in writing upon surrender hereof together with a written instrument of transfer satisfactory to the Bond Registrar, duly executed by the registered owner or his attorney; and may also be 5 surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange, the City will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. The City and the Bond Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the City nor the Bond Registrar shall be affected by any notice to the contrary. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions, and things required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed precedent to and in the issuance of this Bond in order to make it a valid and binding general obligation of the City according to its terms have been done, do exist, have happened and have been performed in regular and due form as so required; that the City has pledged water system revenues, special assessments, and, if necessary, ad valorem taxes, collectible in the years and amounts required to produce sums not less than five percent in excess of the principal of and interest on the Bonds as such principal and interest respectively become due, and has appropriated the same to the Bond Fund in the manner specified in Minnesota Statutes, Section 475.61; that, in the event of any accumulated or anticipated deficiency in the Bond Fund, additional ad valorem taxes are required by law to be levied upon all taxable property in the City without limitation as to rate or amount; and that the issuance of this Bond does not cause the indebtedness of the City to exceed any constitutional or statutory limitation. . (Form of certificate to be printed on the reverse side of each Bond, following a full copy of the legal opinion.) . I certify that the above is a full, true and correct copy of the legal opinion rendered by bond counsel on the issue of Bonds of the City of Shorewood, Minnesota, which includes the within Bond, dated as of the date of delivery of and payment for the Bonds. (Facsimile SiQnature) City Administrator/Clerk City of Shorewood, Minnesota The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to the applicable laws 6 . . or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with right of survivorship and not as tenants in common UNIF TRANSFERS MIN ACT .. . ..Custodian.. ... .... under Uniform Transfers to Minors Act (State) Additional abbreviations may also be used though not in the above list. ASSIGNMENT For value received, the undersigned hereby sells, assigns, and transfers unto the within Bond and all rights thereunder, and does hereby irrevocably constitute and appoint attorney to transfer the within Bond on the books kept for registration thereof, with full power of substitution in the premises. Dated: Signature Guaranteed: NOTICE: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges. 7 The Bond Registrar will not effect transfer of this Bond unless the information concerning the assignee requested below is provided: Name and Address (Include information for aU joint owners if the Bond is held by joint account.) PLEASE INSERT SOCIAL SECURITY NUMBER OR OTHER IDENTIFYING NUMBER OF ASSIGNEE PROVISIONS AS TO REGISTRATION . The ownership of the principal of and interest on the within Bond has been regist~red on the books of the Registrar in the name of the person last noted below. Date of Reoistration Reoistered Owner Signature of City Administrator/Clerk Kray & Co. FederallD No. 36-6047271 . 8 5. The Bonds will be issued only in fully registered form. The interest thereon and, upon surrender of each Bond, the principal amount thereof, is payable by check or draft issued by the Registrar described herein. 6. Dates; Interest Payment Dates. Each Bond shall be dated as of the last interest payment date preceding the date of authentication to which interest on the Bond has been paid or made available for payment, unless (i) the date of authentication is an interest payment date to which interest has been paid or made available for payment, in which case such Bond shall be dated as of the date of authentication, or (ii) the date of authentication is prior to the first interest payment date, in which case such Bond shall be dated as of the date of original issue. The interest on the Bonds is payable on February I and August I in each year, commencing August I, 1996, to the owner of record thereof as of the close of business on the fifteenth day of the immediately preceding month, whether or not such day is a business day. . 7. Registration. The City will appoint, and will maintain, a bond registrar, transfer agent, authenticating agent and paying agent (the Registrar). The effect of registration and the rights and duties of the City and the Registrar with respect thereto shall be as follows: (a) Register. The Registrar shall keep at its principal corporate trust office a bond register in which the Registrar shall provide for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. . (b) Transfer of Bonds. Upon surrender for transfer of any Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in a form satisfactory to the Registrar, duly executed by the registered owner in writing, the Registrar shall authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until such interest payment date. (c) Exchange of Bonds. Whenever any Bond is surrendered by the registered owner for exchange, the Registrar shall authenticate and deliver one or more new Bonds of a like aggregate principal amount and maturity, as requested by the registered owner or the owner's attorney duly authorized in writing. (d) Cancellation. All Bonds surrendered upon any transfer or exchange shall be promptly cancelled by the Registrar and thereafter disposed of as directed by the City. 9 (e) Improper or Unauthorized Transfer. When any Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the same until it is satisfied that the endorsement on such Bond or separate instrument of transfer is legally authorized. The Registrar shall incur no liability for its refusal, in good faith, to make transfers which, in its judgment, it deems improper or unauthorized. . (f) Persons Deemed Owners. The City and the Registrar may treat the person in whose name any Bond is at any time registered in the bond register as the absolute owner of such Bond, whether such Bond shall be overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on such Bond and for all other purposes, and all such payments so made to any such registered owner or upon the owner's order shall be valid and effectual to satisfy and discharge the liability of the City upon such Bond to the extent of the sum or sums so paid. (g) Taxes, Fees and Charges. For every transfer or exchange of Bonds, the Registrar may impose a charge upon the owner thereof sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to such transfer or exchange. . (h) Mutilated, Lost, Stolen or Destroyed Bonds. In case any Bond shall become mutilated or be lost, stolen or destroyed, the Registrar shall deliver a new Bond of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of any such mutilated Bond or in lieu of and in substitution for any such Bond lost, stolen or destroyed, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond lost, stolen or destroyed, upon filing with the Registrar evidence satisfactory to it that such Bond was lost, stolen or destroyed, and of the ownership thereof, and upon furnishing to the Registrar an appropriate bond or indemnity in form, substance and amount satisfactory to it, in which bond the City and the Registrar shall be named as obligees, all pursuant to the provisions of Minnesota Statutes, Sections 475.69 and 475.70. All Bonds so surrendered to the Registrar shall be cancelled by it and evidence of such cancellation shall be given to the City. If the mutilated, lost, stolen or destroyed Bond has already matured or been called for redemption in accordance with its terms, it shall not be necessary to issue a new Bond prior to payment. . 8. Appointment of Initial Registrar. The City hereby appoints as the initial Registrar. The Mayor and the City Administrator/Clerk are authorized to execute and deliver, on behalf of the City, a contract with the Registrar. Upon merger or consolidation of the Registrar with another corporation, if the resulting corporation is a bank or trust company authorized by law to conduct such business, such corporation shall be 10 . . authorized to act as successor Registrar. The City agrees to pay the reasonable and customary charges of the Registrar for the services performed. The City reserves the right to remove any Registrar upon thirty (30) days' notice and upon the appointment of a successor Registrar, in which event the predecessor Registrar shall deliver all cash and Bonds in its possession to the successor Registrar and shall deliver the bond register to the successor Registrar. On or before each principal or interest due date, without further order of this City, the City Administrator/Clerk shall transmit to the Registrar, from the General Obligation Water Revenue Bond, Series 1995A Fund described in paragraph 10 hereof, monies sufficient for the payment of all principal and interest then due. . 9. Execution, Authentication, and Delivery. The Bonds will be prepared under the direction of the City Administrator/Clerk and shall be executed on behalf of the City by the signatures of the Mayor and the City Administrator/Clerk, provided that the Mayor and City Administrator/Clerk's signatures may be facsimiles thereof. In case any officer whose signature, or a facsimile of whose signature, shall appear on the Bonds shall cease to be such officer before the delivery of any Bond, such signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until delivery. Notwithstanding such execution, no Bond shall be valid or obligatory for any purpose or entitled to any security or benefit under this resolution unless and until a certificate of authentication on such Bond has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative of the Registrar. The executed certificate of authentication on each Bond shall be conclusive evidence that it has been authenticated and delivered under this resolution. When the Bonds have been so executed and authenticated, they shall be delivered by the City Administrator/Clerk to the Purchaser upon payment of the purchase price, and the Purchaser shall not be obligated to see to the application of the purchase price. 10. The City Administrator/Clerk will obtain a copy of the proposed approving legal opinion of Kennedy & Graven, Chartered, Minneapolis, Minnesota, which will be complete except as to dating thereof and will cause the opinion to be printed on each Bond, together with a certificate to be signed by the facsimile signature of the City Administrator/Clerk in substantially the form set forth in the form of Bond. The City Administrator/Clerk is hereby authorized and directed to execute such certificate in the name of the City upon receipt of such opinion and to file the opinion in the City offices. 11 . Payment; Security; Pledges and Covenants. The City will create and continue to operate its Water Fund to which will be credited all gross revenues of the water system and out of which will be paid all normal and reasonable expenses of current operations of the water system. Any balance therein are deemed net revenues and will be transferred, from time to time to a General Obligation Water Revenue Bonds, Series 1995A Debt Service Fund (Debt Service Fund) hereby created in the Water Fund, which fund will be used only to pay principal of and interest on the Bonds and any other bonds similarly authorized. There will always be retained in the Debt Service Fund a sufficient amount to pay principal of and interest on all the Bonds, and the City Administrator/Clerk 11 must report any current or anticipated deficiency in the Debt Service Fund to the City Council. There is appropriated to the Debt Service Fund all capitalized interest financed from Bond proceeds, if any, any amount over the minimum purchase price of the Bonds paid by the Purchaser and all accrued interest paid by the Purchaser upon closing and delivery of the Bonds. The City Council covenants and agrees with the holders of the Bonds that so long as any of the Bonds remain outstanding and unpaid, it will keep and enforce the following covenants and agreements: (a) The City will continue to maintain and efficiently operate the water system as a public utility and convenience free from competition of other like utilities and will cause all revenues therefrom to be deposited in bank accounts and credited to the water system accounts as hereinabove provided, and will make no expenditures from those accounts except for a duly authorized purpose and in accordance with this resolution. . (b) The City will also maintain the Debt Service Fund as a separate account in the Water Fund and will cause money to be credited thereto from time to time, out of net revenues from the water plant and system in sums sufficient to pay principal of and interest on the Bonds when due. (c) The City will keep and maintain proper and adequate books of records and accounts separate from all other records of the City in which will be complete and correct entries as to all transactions relating to the water system and which will be open to inspection and copying by any bond holder, or the holder's agent or attorney, at any reasonable time, and it will furnish certified transcripts therefrom upon request and upon payment of a reasonable fee therefor, and said account will be audited at least annually by a qualified public accountants and statements of such audit and report will be furnished to all bondholders upon request. . (d) The City Council will cause persons handling revenues of the water system to be bonded in reasonable amounts for the protection of the City and the bondholders and will cause the funds collected on account of the operations of the water system to be deposited in a bank whose deposits are guaranteed under the Federal Deposit Insurance Law. (e) The Council will keep the water system insured at all times against loss by fire, tornado and other risks customarily insured against with an insurer or insurers in good standing, in such amounts as are customary for like plants, to protect the holders, from time to time, of the Bonds and the City from any loss due to any such casualty and will apply the proceeds of such insurance to make good any such loss. 12 (f) The City and each and all of its officers will punctually perform all duties with reference to the water system as required by law. (g) The City will impose and collect charges of the nature authorized by Minnesota Statutes, Section 444.075 at the times and in the amounts required to produce net revenues adequate to pay all principal and interest when due on the Bonds and to create and maintain such reserves securing said payments as may be provided in this resolution. (h) The City Council will levy general ad valorem taxes on all taxable property in the City when required to meet any deficiency in net revenues. . It is hereby determined that the estimated collection of net revenues and special assessments for the payment of principal and interest on the Bonds will produce at least five percent in excess of the amount needed to meet, when due, the principal and interest payments on the Bonds and that no tax levy is needed at this time. The City Administrator/Clerk is authorized and directed to file a certified copy of this resolution with the County Auditor and to obtain the certificate required by Minnesota Statutes, Section 475.63. 12. Tax Covenant. The City covenants and agrees with the holders from time to time of the Bonds that it will not take or permit to be taken by any of its officers, employees or agents any action which would cause the interest on the Bonds to become subject to taxation under the Internal Revenue Code of 1986, as amended (the Code), and the Treasury Regulations promulgated thereunder, in effect at the time of such actions, and that it will take or cause its officers, employees or agents to take, all affirmative action within its power that may be necessary to ensure that such interest will not become subject to taxation under the Code and applicable Treasury Regulations, as presently existing or as hereafter amended and made applicable to the Bonds. . The City will comply with requirements necessary under the Code to establish and maintain the exclusion from gross income of the interest on the Bonds under Section 103 of the Code, including without limitation requirements relating to temporary periods for investments, and limitations on amounts invested at a yield greater than the yield on the Bonds. The City further covenants not to use the proceeds of the Bonds or to cause or permit them or any of them to be used, in such a manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. In order to qualify the Bonds as "qualified tax-exempt obligations" within the meaning of Section 265(b)(3) of the Code, the City makes the following factual statements 13 and representations: (a) The Bonds are not "private activity bonds" as defined in Section 141 of the Code; (b) The City designates the bonds as "qualified tax-exempt obligations" for purposes of Section 265(b)(3) of the Code; (c) The reasonably anticipated amount of tax-exempt obligations (other than private activity bonds, treating qualified 501 (c)(3) bonds as not being private activity bonds) which will be issued by the City (and all subordinate entities of the City) during calendar year 1995 will not exceed $10,000,000; and (d) Not more than $10,000,000 of obligations issued by the City during calendar year 1995 have been designated for purposes of Section 265(b)(3) of the Code. . The City will use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designations made by this section. 13. Book-Entry System; Limited Obligation of City. The Bonds will be initially issued in the form of a separate single typewritten or printed fully registered Bond for each of the maturities set forth in Section 2 hereof. Upon initial issuance, the ownership of each such Bond will be registered in the registration books kept by the Bond Registrar in the name of Kray & Co., as nominee for Midwest Securities Trust Company, Chicago, Illinois, and its successors and assigns (MSTC). Except as provided in this section, all of the outstanding Bonds will be registered in the registration books kept by the Bond Registrar in the name of Kray & Co., as nominee of MSTC. With respect to Bonds registered in the registration books kept by the Bond . Registrar in the name of Kray & Co., as nominee of MSTC, the City, the Bond Registrar and the Paying Agent will have no responsibility or obligation to any broker dealers, banks and other financial institutions from time to time for which MSTC holds Bonds as securities depository (the Participants) or to any other person on behalf of which a Participant holds an interest in the Bonds, including but not limited to any responsibility or obligation with respect to (i) the accuracy of the records of MSTC, Kray & Co. or any Participant with respect to any ownership interest in the Bonds, (ii) the payment to any Participant or any other person, other than a registered owner of Bonds, as shown by the registration books kept by the Bond Registrar, of any notice with respect to the Bonds, including any notice of redemption, or (iii) the payment to any Participant or any other person, other than a registered owner of Bonds, or any amount with respect to principal of, premium, if any, or interest on the Bonds. The City, the Bond Registrar and the Paying Agent may treat and consider the person in whose name each Bond is registered in the registration books kept by the Bond Registrar as the holder and absolute owner of such Bond for the purpose of 14 . . payment of principal, premium and interest with respect to such Bond, for the purpose of registering transfers with respect to such Bonds, and for all other purposes. The Paying Agent will pay all principal of, premium, if any, and interest on the Bonds only to or on the order of the respective registered owners, as shown in the registration books kept by the Bond Registrar, and all such payments will be valid and effectual to fully satisfy and discharge the City's obligations with respect to payment of principal of, premium, if any, or interest on the Bonds to the extent of the sum or sums so paid. No person other than a registered owner of Bonds, as shown in the registration books kept by the Bond Registrar, will receive a certificated Bond evidencing the obligation of this resolution. Upon delivery by MSTC to the City Administrator/Clerk of a written notice to the effect that MSTC has determined to substitute a new nominee in place of Kray & Co., and the words "Kray & Co.," will refer to such new nominee of MSTC; and upon receipt of such a notice, the City Administrator/Clerk will promptly deliver a copy of the same to the Bond Registrar and Paying Agent, if the Bond Registrar or Paying Agent is other than the City Administrator/Clerk. The form of representation letter proposed to be submitted to MSTC, which is on file with City Administrator/Clerk and presented to this meeting (Representation Letter) is hereby approved, and the City Administrator/Clerk is authorized to execute and deliver the Representation Letter in substantially the form on file, with such changes therein not inconsistent with law as the City Administrator/Clerk and the City Attorney may approve, which approval will be conclusively evidenced by the execution thereof. Any Paying Agent or Bond Registrar subsequently appointed by the City with respect to the Bonds will agree to take all action necessary for all representations of the City in the Representation letter with respect to the Bond Registrar and Paying Agent, respectively, to at all times be complied with. In the event the City, by resolution of the City Council, determines that it is in the best interests of the persons having beneficial interest in the Bonds that they be able to obtain Bond certificates, the City will notify MSTC, whereupon MSTC will notify the Participants of the availability through MSTC of Bond certificates. In such event, the City will issue, transfer and exchange Bond certificates as requested by MSTC and any other registered owners in accordance with the provisions of. this Resolution. MSTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the City and discharging its responsibilities with respect thereto under applicable law. In such event, if no successor securities depository is appointed, the City will issue and the Bond Registrar will authenticate Bond certificates in accordance with this resolution and the provisions hereof will apply to the transfer, exchange and method of payment thereof. Notwithstanding any other provision of this resolution to the contrary, so long as any Bond is registered in the name of Kray & Co., as nominee of MSTC, all payments with respect to principal of, premium, if any, and interest on such Bond and all notices with respect to such Bond will be made and given, respectively in the manner provided in the Representation Letter. 15 14. Continuing Disclosure. The City hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate. Notwithstanding any other provision of this Resolution, failure of the City to comply with the Continuing Disclosure Certificate shall not be considered an event of default with respect to the Bonds; however, any Bondholder may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the City to comply with its obligations under this section. "Continuing Disclosure Certificate" shall mean that certain Continuing Disclosure Certificate executed by the Mayor and City Administrator/Clerk and dated the date of issuance and delivery of the Bonds, as originally executed and as it may be amended from time to time in accordance with the terms thereof. 15. Authentication of Transcript. The officers of the City are authorized and directed to prepare and fumish to the Purchaser and to the attorneys approving the Bonds, certified copies of proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other certificates, affidavits and . transcripts as may be required to show the facts within their knowledge or as shown by the books and records in their custody and under their control, . relating to the validity and marketability of the Bonds and such instruments, including any heretofore furnished, will be deemed representations of the City as to the facts stated therein. The Mayor and City Administrator/Clerk are authorized and directed to certify that they have examined the Official Statement prepared and circulated in connection with the issuance and sale of the Bonds and that to the best of their knowledge and belief the Official Statement is a complete and accurate representation of the facts and representations made therein as of the date of the Official Statement. -- 16 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against: . whereupon said resolution was declared duly passed and adopted. Approved this day of October, 1995. Mayor Attest: City Administrator/Clerk . 17 STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF SHOREWOOD I, the undersigned, being duly qualified and acting City Administrator/Clerk of the City of Shorewood, Minnesota, do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City Council of the City of Shorewood, Minnesota, held on October 23, 1995, with the original thereof on file and of record in my office, and the same is a full, true and complete transcript therefrom . insofar as the same relates to the issuance of $1,920,000 General Obligation Water Revenue Bonds, Series 1995A of the City. City Administrator/Clerk City of Shorewood, Minnesota . 18 STATE OF MINNESOTA COUNTY AUDITOR'S CERTIFICATE COUNTY OF HENNEPIN AS TO REGISTRATION I, the undersigned County Auditor of Hennepin County, Minnesota, hereby certify that a certified copy of a resolution adopted by the governing body of the City of Shorewood, Minnesota, on October 23,1995, and relating to the issuance of $1,920,000 General Obligation Water Revenue Bonds, Series 1995A of said municipality dated November 1, 1995, has been filed in my office and said bonds have been entered on the . register of obligations in my office. WITNESS My hand and official seal this day of 1995. County Auditor Hennepin County, Minnesota By Deputy (SEAL) . 19 October 23, 1995 Midwest Securities Trust Company One Financial Place 440 South LaSalle Street Chicago IL 60605 Re: City of Shorewood, Minnesota $1,920,000 General Obligation Water Revenue Bonds, Series 1995A . Greetings: The purpose of this letter is to set out certain matters relating to the safekeeping and book-entry of the above referenced bonds issues by the City of Shorewood, Minnesota (Issuer). The Bonds are being issued pursuant to the Resolution of the City Council dated October 23, 1995. In order to induce the Issuer and the Bond Registrar to deposit the Bonds with Midwest Securities Trust Company (MSTC) and in order to induce MSTC to accept the Bonds as eligible for deposit at MSTC and to hold such Bonds for the term thereof for the benefit of those participant brokers, dealers, banks and other financial institutions which are members of MSTC (Participants), the Issuer, Bond Registrar. and MSTC agree as follows: . 1 . MSTC agrees to designate the Bonds s eligible securities under its By- laws and rules, and agrees to abide by such By-laws and Rules, as well as the Procedures adopted by MSTC pursuant thereto, at all times in connection with the performance of its obligations in connection with the safekeeping and book-entry of the Bonds. MSTC agrees to use its best efforts to notify the Bond Registrar of any proposed changes in such Rules, By-laws or Procedures which would affect the Bonds or their transfer. 2. At the closing of the initial issuance of the Bonds scheduled for November _, 1995, the Issuer will cause the Bond Registrar to deposit with MSTC one Bond certificate for each maturity registered in the name of Kray & Co., an Illinois general partnership which is the nominee of MSTC, having an aggregate face value of $1 ,920,000, representing 100% of the principal amount of such Bonds, and such Bond certificates shall remain in the custody of MSTC. . 3. In the event of a redemption or other early withdrawal resulting in retirement of all Bonds outstanding, the Bond Registrar shall give MSTC and the other registered securities depositories notice of such event, including second notices of advance refunding, not less than thirty (30) nor more than sixty (60) days prior to the redemption date. 4. In the event of a redemption or any other early withdrawal resulting in retirement of less than all Bonds outstanding, the Bond Registrar shall give MSTC and the other registered securities depositories notice of such event, including second notices of advance refunding, not less than thirty (30) nor more than sixty (60) days prior to the redemption date. MSTC and the Bond Registrar shall cooperate in determining the method of allocating the reduction among beneficial owners. 5. Notification of Redemptions and Calls. The Issuer or Bond Registrar agrees that call and redemption notices will comply with the following: . a. Notices of redemption will contain, at minimum, (i) CUSIP number and, for partial calls, certificate numbers and called amounts. of each certificate; (ii) publication date; (Hi) redemption date; (iv) redemption price; (v) redemption agent name and address; (vi) interest rate; (vii) maturity date; and (viii) other descriptive information that accurately identifies the called security. b. All redemption notices will be sent to MSTC in a secure fashion, that is a legible facsimile transmission, registered or certified mail, or overnight delivery service. The Issuer or Bond Registrar sending such notice will have a method to verify subsequently the use of such means and timeliness of notice by forwarding each notice for each CUSIP number in a separate, secure transmission to MSTC, or by forwarding multiple notices or one notice for multiple CUSIPs in a secure transmission to MSTC that includes a manifest or list of each CUSIP submitted in that transmission. Redemption notices will be sent to: Midwest Securities Trust Company Reorganization Department - Notification Section One Financial Place 440 South LaSalle Street Chicago IL 60605 Phone: (312) 663-2830 Fax: (312) 663-2959 or 2960 . c. Redemption notices will be received by MSTC preferably two business days in advance of publication date but in no event later than the business day prior to publication date. The Bond Registrar also agrees to send such redemption notices to the other registered securities depositories and to one or more information services of national recognition that disseminate redemption information. 6. Dividend and Interest Notifications. The Issuer or Bond Registrar agrees that all dividend and interest notifications will comply with the following: a. For corporate issues, both equity and debt, the Issuer or Bond Registrar agrees to provide dividend and interest payment information to an industry recognized announcement service. Additionally, the Issuer or Bond Registrar agrees to provide this information directly to MSTC in advance of the dividend or interest record date as soon as the information is available. Such information will be conveyed directly to MSTC by facsimile transmission to: . Midwest Securities Trust Company Supervisor, Dividend/Interest Announcements Dividend/Interest Processing Department One Financial Place 440 South LaSalle Street Chicago IL 60605 Phone: (312) 663-2083 Fax: (312) 663-2959 or 2960 . b. For issues that pay (1) principal and interest periodically or (2) interest at a variable rate, the Issuer or Bond Registrar will provide written information on current interest rate and principal pay-down amount (calculated on the original principal amount of $1 ,000 per bond), preferably five business days, but in no event less than two business days, prior to the payable date. c. For foreign-currency-denominated issues, the Issuer or Bond Registrar agrees that payments to MSTC shall be in U.S. dollars and that notification of the payment and currency conversion rates must be received by MSTC at least two business days before the corresponding payment date. Such notices regarding interest or dividend rates will be sent by facsimile transmission to: . Midwest Securities Trust Company Supervisor, Dividendllnterest Announcements Dividendllnterest Processing Department One Financial Place 440 South LaSalle Street Chicago IL 60605 Phone: (312) 663-2083 Fax: (312) 663-2959 or 2960 7. Dividend and interest payments for all issues, corporate and municipal, shall be due on the payable date in same day funds by 2:30 ET. The payment shall list each CUSIP number and respective amount represented by that payment. MSTC agrees that it will credit such payments to the accounts of its Participants in accordance with its Rules and Procedures as in effect from time to time. Payments made under this paragraph shall be sent to MSTC pursuant to the following wire instructions. Federal Reserve Bank of Chicago AlC MSTC ABA #071002299 Attn: Collection Banking For payment of (List CUSIPS and/or Other Reason) 8. All maturity and redemption payments and CUSIP-Ievel detail shall be . received by MSTC on the payable date in same-day funds by 2:30 p.m. ET. Payments made under this paragraph shall be sent to MSTC pursuant to the following wire instructions: Federal Reserve Bank of Chicago AlC MSTC ABA: Reorg For payment of (list CUSIPs and/or Other Reason) If Bond certificates are authenticated and delivered by the Issuer or Bond Registrar other than to MSTC or its nominee, Kray & Co., pursuant to the Resolution, any payment of principal or interest due MSTC or Kray & Co. shall be made to MSTC or its nominee, Kray & Co., on the payment date and in same-day funds if such other certificate holders are entitled to receive payment of principal or interest in such funds. . 9. All other payments and CUSIP-Ievel detail resulting from corporate actions (such as tender offers or mergers) shall be received by MSTC on the first payable date in same-day funds by 2:30 p.m. ET. Such payments shall be wired to: Federal Reserve Bank of Chicago AlC MSTC ABA #071002299 Attn: Reorg For payment of (List CUSIPs and/or Other Reason) 10. MSTC may request payment of interest or principal or premium, or other Corporate action payments to be made to another address or in another manner than as described in paragraphs 7, 8, and 9 thereof, and the Bond Registrar and Issuer shall cooperate with respect to such changes to the extent permitted under the Resolution. If the Bond Registrar or Issuer shall be unable to make any interest or principal amounts by the payment date, the Bond Registrar or Issuer shall so advise MSTC no later than 2:30 p.m. ET on the day prior to the payment date. Such notice shall be addressed to the Senior Vice President, Operations and the Vice President of Dividend/lnterest Processing and Reorganization Departments. Notices shall be conveyed by facsimile transmission to MSTCat (312) 663-2959 or 2960. . 11. MSTC may direct the Issuer or Bond Registrar to use any other address or department to which notices may be sent. 12. In the event of a redemption, acceleration or any other early withdrawal necessitating a reduction in the aggregate principal amount of Bonds outstanding, MSTC, in its discretion, (a) may request the Issuer or Bond Registrar to issue and authenticate new Bond certificates, or (b) shall make an appropriate notation on the Bond certificates indicating the date and amounts of such reduction in principal. . 13. The Resolution provides that in the event the Issuer determines that (a) MSTC is incapable of discharging the responsibilities described herein and in the Resolution, or (b) it is in the best interests of the beneficial owners of the Bonds that they be able to obtain certificated Bonds, the Issuer or Bond Registrar may notify MSTC that it will arrange for another securities depository to maintain custody of the certificates for the Bonds or issue Bond certificates to each beneficial owner, as appropriate. In the event that MSTC is no longer to serve as securities depository for the Bonds, MSTC, the Issuer and the Bond Registrar will cooperate with one another and others in taking appropriate action (i) to make available one or more separate certificates evidencing the Bonds to MSTC's Participants having Bonds credited to their MSTC accounts or (ii) to arrange for another securities depository to maintain custody of one or more certificates evidencing the Bonds. 14. The Issuer or Bond Registrar may be permitted under the Resolution to send notices to beneficial owners of Bonds both periodically and as a result of particular occurrences. As such, the Issuer or Bond Registrar may request from MSTC lists of the principal amount of Bonds held for the account of its Participants to permit the Issuer or Bond Registrar to send such notices and otherwise discharge their responsibilities under the Resolution. the Issuer or Bond Registrar agrees to pay all reasonable fees to MSTC for the provision of such lists. 15. The Issuer hereby authorizes MSTC to provide the Bond Registrar with lists of the principal amount of Bonds held for the account of its Participants and also authorizes the Bond Registrar to provide MSTC with such signatures, signature specimens and authorizations to act as may be deemed necessary by MSTC to permit MSTC to discharge its obligations to its Participants and proper regulatory authorities. This authorization, unless revoked by the Issuer, shall continue for the . term of the bonds, until and unless the above-named Bond Registrar shall no longer be acting under the Resolution. In such event, the Issuer shall provide MSTC with similar evidence of the authorization of any successor Bond Registrar or Trustee to so act. 16. The Issuer will not be responsible or liable for maintaining, supervising or reviewing the records maintained by MSTC, its Participants or persons acting through such Participants and the Issuer and the Bond Registrar will have no responsibility or obligation to the participants or beneficial owners with respect to the Bonds so long as MSTC or a nominee of MSTC is the registered owner of the Bonds. 17. In the event that a vote of bondholders is to occur, Bonds registered in the name of MSTC or its nominee may be voted in fractions representing portions of such Bonds in the principal amount of $5,000, or any integral multiple thereof. . Very truly yours, (REGISTRAR) By Its CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 · (612) 474-3236 MEMORANDUM TO: Mayor and City Council Jim Hurm, City Administrator Larry Brown, City Engineer / P :::----- October 18, 1995 . FROM: DATE: RE: Christmas Lake Road- Emergency Fire Access On September 25, 1995 at the regularly scheduled City Council meeting, concerns were recorded from residents adjacent to Christmas Lake Road with regard tot the current condition of the emergency access between Christmas Lake Road and Brand Circle. Alternatives considered and their associated costs are as follows: Alternative A: Decrease the total width of the exiting bituminous surface with crack sealing and seal coating. Estimated Cost: $ 3,070.00 . Alternative B: Remove the existing bituminous surface and construct a 12.0 foot aggregate. path. Estimated Cost: $ 2,695.00 Alternative C: Restore the existing bituminous surface. Estimated Cost: $ 1,847.50 The recommended alternative is Alternative C based on cost, driving surface, maintenance. Currently runoff originating at the intersection of Mill Road and Brand Circle drains towards the emergency access road. Placing an aggregate surface would require public works crews to blade off and add aggregate to the surface once a year. Left unattended to, the surface would deteriorate and become rutted due to erosion. The existing bituminous surface can be crack sealed and seal coated with a life expectancy of approximately eight to ten years before re-seal coating. In addition, it is proposed to relocate two of the posts on the north edge of the access road on the Christmas Lake Road end to allow for snow removal equipment to enter and clean the area. A chain, padlock, and hanging safety sign would be extended between these two pOSts. A Residential Community on Lake Minnetonka's South Shore #1, Costs for seal coating could be further reduced by adding the crack sealing and seal coating to one of the city projects next spring. In the interim, it has been suggested that public works personnel apply vegetation killer to grasses in the cracks and place topsoil behind the curb adjacent to the ramps and curb areas already constructed. cc: Residents along Brand Circle and Christmas Lake Road Don Zdrazil, Public Works Director Ed DeLafotest, OSM .,. . . . . R L S NO. 922 AUD. SUB'D. NO. 120 I 50' I A ( 7 ) 0:: U 1 11 --. [' [) --<-, I I ------I__~__ '- 10 EX. BOULDERS o o D 170 ( 10) (2 ) o Z REMOVE PAVEMENT <( AND RESTORE WITH 0:: 4 U TOPSO I L AND SOD en (TYP. ) SEAL RACKS AND SEAL COAT "REMAI~ING PAVEMENT \<,t. ROAD .----------------- I dl\S LP- - - --.--- , h --.. /---,.- \l'I\f"I\ _-------- 1"'" ,-, I-..J C) '-..J '-.) C r\ R \ S ~ _ _ _ . - - - - -- ,." - - - -' - oo.': _"n""_ '='~::::::::::::=~:~::~'"-~"-"'-- ", ,If , " " .,.,..~,.,' , , , '<'-'" {\- '\ ' " , \;'~'-""-,.,'-, '\-:~"'"'' S'/'.. " , , ~', -'" SAWCUT BITUMINOUS- ~~ "', ' ~ '\\_" \,,>~::EMENT ~ -',_ oJ' '" Y AUD. POSTS SPACED AT 7' FOR MAINTENANCE ACCESS WI CHAIN GATE A ~ 174 ( 21 ) I I I,){ "''',,''. "[0"''' I ~ ,. oc r. 12. I'J O. 1995 1 '~~ ',-.\ .)t:~J SUB'D. NO. 120 ~ ..... M ,~ --., rat 5572.00 QS;\lorr Schor..." ~..yoron (;. . A.aoclaloa.lno. &Dllaura . Arcblhcla . PlanD.n _ :Survcfon 300 'uk ,1."6 C..h,. ~~ ,.,...l_ 1k1l).....4 lUAu_toil&. lUll Ui..O'lz::.I. 'IZ'~~.~Tl~ S:TUMfNOUS PATHWAY WrTH MAINTENANCE ACCESS FROM CHRISTMAS LAKE ROAD EXHIBIT A Comm. No. CHRISTMAS LAKE ROAD SHOREWOOD. MINNESOTA p.\<.t. ROP.O .-.--------------- 1 N\ p. S L . ::. -:. - - - - - ." - ~ Cr\R \ S ~ _.,-.---.-------- - ---.--_:.:------ -_.- .. - - - -...: ------------~~~~~~~~~~~~~=~-~-~-~ It 1/' i I. \ \ , \\'- ? " ~~// POSTS SPACED AT 7' EX. POSTS FOR MAINTENANCE ACCESS WI CHAIN GATE R L S NO. 922 SUB'D. AUD. NO. 120 I 50' I A ('{) 0:: U o Z <( 0:: enl 170 o I (10) I '1 f I "--'- Al (--.t ---"-----f__ (2 ) SOD TYPE LAWN WI 4" TOPSO I L (TYP. ) " REMOVE EXISTING :~ous PAVE~ENT EX. BOULDERS "-\ ' (\ A _ , ", ..., , r-'7"'/ "~'\. '.~ (( ~'''''' \r~~,.", <,<'<,<' " , , /- , " , , , , , , , , , " , , , , '. " . -, , , , . , , , -'x " '~ , , , '. , , ", , ' ~~ ", , CONSTRUCT 6" AGGREGATE PATHWAY 1 74 (21 ) SUB'D. NO. 120 AUD. n_ tlru_" oY' Comlll. No, Oole: AGGREGATE PATHWAY WITH MAINTENANCE ACCESS FROM CHRISTMAS LAKE ROAD EXHIBIT B CHRISTMAS LAKE ROAD SHOREWOOO. MINNESOTA QS;\lorr Scholcn U"yoron a. AuocIAl... Inc, InelA.cn _ ArcllUKI.I . PI.RAer. .3Uirulon 300 '..,k ,.lan (cllter _ ,Tn ...,uh. Bo"ah.."" }fIDD_rUa,... u'lO"a'Ul. .12-t.~.:.rn R.'.; D. ocr. 12. . 1995 5512.00 ';' .,~ \0. DeN . . I .. . t -= ..... M ,.. ------4 "" . . , R L S NO. 922 AUD. SUB/D. NO. 120 SO' I A ( 7 ) a: u o z <( 0:: lD I L '_'_ II '--.- I --~c__ o 170 ( 10) (2 ) t.. ROP-O __ _u _ ____ _ j/ J___~~~_P_~S~: _~~ _~,,~_~ _~__=___ _ ___ __ ___ u _~~~~:~~:::::::: :::: ::: ::::::::::~ '\::: "" :\ ~ ___ ___ - ;--<~._ __-__ - ___ _u ____ _ u, {' ~/_ _ u _ _ _ __ u - - -~-;- ~-==-=-- ~;'~"""".," "":,~ \~.;' """'" EX I STING B lTU"'NOUS;:~:~;:; TO S'~ ", '" REMA IN INPLACE. REMOVE WEEDS 1>~" " FROM CRACKS AND SEAL. <.<> ""', ",,', SEAL COAT BITUMINOUS PAVEMENT. ~"" "'>'" AUD. SUB' 0, .':~. ~, \,~,,~ , ID 10 o o EX. BOULDERS , , POSTS SPACED AT 7' FOR MAINTENANCE ACCESS WI CHAIN GATE. 1\ ~ 120 'Ld """ !! ... , "'" 'I'>~ ocr. 12. 1995 5572.00 QS;\\ Scholcn ~::oron l Auocl..lu, Inc. lal,.....ra _ ArcbllKh . PI.Dun . 3uruJon 300 Pull 'I..c. C..ld . U7~ r.,ul.o. 80,.1....... ~UQG...p.I"'.)lX U4Ia.,z::u . .,2.~~'~'n~ RESTORE EXISTING BITUMINOUS PAVEMENT WITH CRACK SEAL AND SEAL COAT. MAINTENANCE ACCESS FROM CHRISTMAS LAKE ROAD EXHIBIT C DrJ",n ey: Dote: Comm. No. CHRISTMAS LAKE ROAD SHOREWOOD. MINNESOT.\ 1.~~C ::CN ~ October 17, 1995 Brad Nielsen City of Shorewood 5755 Country Club Road Shorewood, NfN 55331 Dear Mr. Nielsen: . The residents of Brand Circle are well aware of the fact that the city has taken extra efforts in trying to devise a plan in which the Christmas Lane cul- de-sac can be renovated due to issues involving safety, maintenance, and aesthetics. We know that several proposals will be presented at the council meeting on October 23rd, and we would like you to consider one more. The Brand Circle residents would like an aesthetically pleasing emergency access be the end result in this renovation project, and we have heard of a plan that would provide both. . Instead of the asphalt that is currently in place, we propose that it be stripped out and sub cut and replaced with a twenty foot wide Class 5 base of eight inches in depth. The base would then be covered with four inches of dirt and sod. Some form of marker would need to be used to determine where the edges of the base are... this could be done with a small bike path. We've been informed that this Class 5 base, when compacted, is strong enough for heavy emergency vehicles to drive on, yet allows moisture to pass through and therefore won't deteriorate. It also would provide an aesthetically pleasing appearance. Without the appearance of a "road", the ballards could be removed at the Brand Circle end... and you will have some VERY satisfied residents! ! This project is estimated to cost $8-10,000, most of the cost due to removing the old road. In the long run, the city would not receive a phone call ever again to resurface a deteriorating roadway that is never even used, and plowing in the winter would consist of clearing an 8 foot bike path,. therefore maintaining emergency accessibility (provided that surmountable curbing replaces the currerit barrier curbs). .. We've been told from a source that this proposal has been used extensively and has been very successful. In fact our neighboring community of Excelsior has used it, and could also offer any details that may not be covered in this letter. We hope that you will take our proposal into consideration and if you have any questions prior to the council meeting please do not hesitate to contact us. Sincerely, Ih /7/~ 1Jaur;r) L/tivJt;;;u~7L./ Dawn Christesen 6075 Brand Circle Shorewood, MN 55331 474-5884 <:R.:6. [jt'-' Rick Dyer 6040 Brand Circle Shorevvood,~ 55331 474-7160 . cc: Mayor Bob Bean Bruce Benson L .~ :#" .-r. t... !'.:~ ~_~.... .......:_ - :) . ') ,. CHRISTMAS LAKE ROAD EMERGENCY ACCESS ROAD EXHIBIT A .12' BITu~aNOUS PATHWAY OPL'iION OF CONSTRUCTION COSTS I I I COST/Ul'.TI I I ITE.'w{ COST ITE.\{ tJ1't1T QUA/'.TITY SA WCUT Sl11:'WNOUS FA YEME."'T I tIN. FT. I ISO I 52.50 I 537 S.OO RE].IOVE B[TtJML~OUS FA VEME."IT I SO. YD. I 1.:0 T 55.00 I Sioo.oo SALVAGE A,SD REINSTALL ?OSTS I E....CH I 4 I 515.00 I S60.oo CR....CK SE....L I LIN. FT. I ~ I 52.50 I 5125.00 B~ili~OUSSE.>..LCOAT I SO. YD. I ~oo I 52.25 I So: SO.oo IRREGULJ..R V,1DTH PA vt'G I SO. YD. I :0 I 525.00 I $7SO.OO SOD. TYPE L>.. ~ m;CL 4- TOPSOIL} I SO. YD. I t.:o I s.:.00 I SS6O.00 SIGN I E.".CH I I I 550.00 I 550.00 -_.-. TOTAL COST $3,070.00 ", 'j .. CHRISTMAS LAKE ROAD Eu.1ERGENCY ACCESS ROAD EXHIBIT B. AGGREGATE PATHWAY OPINION OF CONSTRUCTION COST l I I I COSTIUNrr I lITE:>! COST ITE.\{ !r.\1T QUA:-'TITY RE.V10VE BITUMINOUS FA VE.\IE.'lT I SO. YD. I 110 t 52.50 I I 5275.00 SALVAGE ......NO REINSTALL ?OSTS I E....CH I " , 515.00 I I 560.00 AGGREGA IE BASE CL...SS I I TON I 100 I 510.00 I I S1.OOO.00 IRREGUL....R \llTOTH P..... vtNG I SO. YD. I '" I 525.00 I 5750.00 SOD. TYPE L.I. WN (!NeL 4' TOPSOlL) I SO. YD. I 1.:0 I s.:.00 I I 5560.00 SIGN I E....CH I t I 550.00 I I 550.00 TOTAL COST $2,69S.00 . ITEM SALVAGE AND REINSTALL POSTS CRACK SEAL BITUMINOUS SEAL COAT IRREGULAR \llTOTH PA VING SIGN UNIT I EACH I I LIN. Fr. S . YD. S . YD. EACH QUANTITY 4 80 350 30 I lITEM cosr S6O.OO $100.00 5787.50 57SO.OO SSO.OO TOTAL cosr $1,847.s0 .' ~. ~i-" . . CITY OF SHOREWOOD RESOLUTION NO. 95-_ A RESOLUTION ELECTING TO PARTICIPATE IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT AND SETTING ASSOCIATED HOUSING GOALS WHEREAS, the Metropolitan Livable Communities Act (1995 Minnesota Laws Chapter 255) establishes a Metropolitan Livable Communities Fund which is intended to address housing and other development issues facing the metropolitan area defmed by Minnesota Statutes Section 473.121; and WHEREAS, the Metropolitan Livable Communities Fund, comprising the Tax Base Revitalization Account, the Livable Communities Demonstration Account and the Local Housing Incentives Account, is intended to provide certain funding and other assistance to metropolitan area municipalities; and WHEREAS, a metropolitan area municipality is not eligible to receive grants or loans under the Metropolitan Livable Communities Fund or eligible to receive certain polluted sites cleanup funding from the Minnesota Department of Trade and Economic Development unless the municipality is participating in the Local, Housing Incentives Account Program under Minnesota Statutes, Section 473.254; and WHEREAS, the Metropolitan Livable Communities Act requires the Metropolitan Council to negotiate with each municipality to establish affordable and life-cycle housing goals for that municipality that are consistent with and promote the policies of the Metropolitan Council as provided in the adopted Metropolitan Development Guide; and WHEREAS, by June 30, 1996, each municipality must identify to the Metropolitan Council the actions the municipality plans to take to meet the established housing goals; and WHEREAS, the City of Shorewood Comprehensive Plan as updated in 1995 includes the following goal: The City shall promote the development of safe, healthy and affordable housing options; and the following objective: Develop a senior housing program which: . Allows seniors to stay in their single-family homes, . Provides a range of housing types including step-down housing, senior apartments and assisted-living housing, with initial emphasis being placed on step-down housing, . Establishes regulations which permit the construction of affordable senior housing while ensuring compatibility with existing residential neighborhoods, #=-1 . ~ :6\;;1 Resolution No. 95-_ Page 2 of 3 · Assists fmancially in senior housing projects to ensure affordability and enhance compatibility with existing developments; and WHEREAS, the City of Shorewood has a history of cooperation with neighboring municipalities; and WHEREAS, a special Senior Housing Needs Task Force reported to the Shorewood City Council in May of 1991 that there is a need in the South Lake Minnetonka area for step-down housing, that is smaller than the typical single-family dwelling. Said report recommended that the City needs to keep in mind the income of its senior citizens and plan for housing which is within the means of its residents; and WHEREAS, the City of Shore wood is currently undertaking a housing inventory and intends to complete the housing section of its Comprehensive Plan during 1996; and WHEREAS, the City of Shorewood looks forward to working with the . Metropolitan Council in addressing major metropolitan issues which are barriers to affordable housing in Shorewood, such as: · exorbitant metropolitan sewage charges largely due to inflow of clear water into the system due to permeable soils and Shorewood's proximity to Lake Minnetonka resulting in Shorewood's sewer charges being two to three times greater than many metropolitan cities ($260 per household per year), · high metropolitan transit levy of $301,920 in 1994 ($120 per household per year) despite a lack of transit service and options to provide service to Shorewood. NOW, THEREFORE BE IT RESOLVED that the City of Shorewood hereby elects to participate in the Local Housing Incentives Program under the Metropolitan Livable Communities Act during calendar year 1996. BE IT FURTHER RESOLVED that the following are goals for the City of Shorewood for a two-year period through 1997: . · The City of Shorewood will explore the concept of cluster planning and cooperative efforts to address affordable housing needs in cooperation with the south Lake Minnetonka cities, · Complete the housing section of the Shore wood Comprehensive Plan, · Pursue an estimated sixty units of affordable senior housing within Shorewood as recommended in the Senior Housing report of 1991, and · Work with the Metropolitan Council in addressing barriers to affordable housing in Shorewood which are direct responsiblities of the Metropolitan Council, most specifically, high metropolitan sewage chrages and the lack of metropolitan transit service with no options for providing said services. f CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD. MINNESOTA 55331-8927 · (612)474-3236 MEMORANDUM . TO: FROM: DATE: RE: Planning Commission, Mayor and City Council Brad Nielsen 19 October 1995 Wartman, Tom - C.U.P. for Accessory Space in Excess of 1200 Square Feet ffiENO.: 405 (95.34) BACKGROUND Mr. Tom Wartman proposes to build an attached garage on his property at 28120 Boulder Bridge Drive (see Site Location map - Exhibit A, attached). Since the area of the addition, combined with existing accessory space on the site, exceeds 1200 square feet in area, Mr. Wartman has applied for a conditional use permit pursuant to Section 1201.03 Subd. 2.d.(4) of the City Code. . The property is zoned R-INS and is occupied by Mr. Wartman's home and an old carriage house which was part of the Dayton farm (see Exhibit B). The house contains 9452 square feet of gross floor area, distributed between two levels. The existing carriage house contains 1272 square feet of area. The proposed garage has 1120 square feet of floor area on the lower level plus an additional 1120 square feet of storage above which is accessible only from the house. The storage area brings the floor area of the house to 10,572 square feet. ANALYS~ffiECOMMENDATION Following is how the applicant's request complies with Shorewood's zoning requirements: 1. The amount of accessory space, an 1120 square-foot proposed garage and a 1272 square- foot existing carriage house (total 2392 square feet) do not exceed the floor area above grade of the existing home (10,572 square feet). 2. The total area of accessory space does not exceed 10 percent of the minimum lot size for the zoning district in which the property is located (.10 x 40,000 = 4000 square feet). t!Y-A- A Residential Community on Lake Minnetonka's South Shore . . * RE: Wartman, Tom C.U.P. for Accessory Space 19 October 1995 3. The proposed building complies with the setback requirements of the Boulder Bridge P.U.D. Landscaping and tree replacement are not considered to be issues since the proposed building will be located in a clearing currently used for parking. 4. The proposed building is not only compatible with the architecture of the existing home, it reflects the historic character of the old Dayton mansion. Based upon the preceding, it is recommended that the c.u.p. be approved subject to the standard clause stating that the space is not intended to be .used for anything but residential activity and that the City has separate requirements and approvals for home occupations. BJN:ph cc: Jim Hurm Tim Keane Tom Wartman 2 ( .,~.. \ ,.. ~ a ' ~ ~q ", :.. T A" - 9!., J' ..1.1 ',"I '7 FiT n."",:' .." 1.\11 'u . . (11" .1 //'//////.////.'//;~i'../////..;/////' .,./,/,," . .. r,,/ <",z ." 'I, i~ '. . (Z) dl.J~ .......440.... .... ~~ tAoS,' ;J ~I .- North ~ tc~~' (,l, -;". . \1..&~~'- '"' -; :U~I.~T A ( 19) 1: ~. ~, .... j; ;j; . . . 17~. ;q ....:-- -.. ;.:s~ .. s . Js' . . _ (23) . t"" ''''''IS,O. (f~~OC "j. \1 \. 7 ( 10) 'dO ( 11) . , ! :-t ~J\ III ,:~ '.~', () :;.,:' ~~ ~:;. ol\IIlOI , (~J) ". .. M.$, . ~ .\~~ . ;.J . . !: '.~ ,~ 'lO ;;l .~ .!f ., ~~'1. i~ -;11. -;& L& . \ ~ ;;)~~;:.:: ~~\~~ .~.../ -~p _ J,.1 @g) S...... '41 ......- se...... -,h ~ \ .~ J ( 19) z ( 13) ~ (4 (1~ (77" J ..f. ::1 '.'" I ". --rr{ IS "5 1.1. . r, H.:';'; It ';11. .,) -: i: ~ J9' " 11 1 1''' ,eo. .6 (H' 4'J ..f-. I I 1,1111 ~ 'lI1. . .I~I.':IS (~) (" ., cunOi " ~(~.;.;., :.6)1 :aJ. ;, ~ z ( ~5) ~@@oo .:~:.a , ))1 r. 'J I Exhibit A SITE LOCATION Wartman C.U.P, ~ ;.,.~.!~ ....,- 'f'" . ~ ~i "'\ ~ .c...,. ).14..13 ~ (l) ..// ~/ .-/ ~~y / / (3) :-'1;. '?J !~ ,./~~ .-!~ \/,- , .' \ ""'(), I \:';~) , , '., \.,0 ," I ~. -':\ I"C '. ,', - --,,\' ".(.Q ~ ---- -~ ! . ". i ' _ _ -: - -; r ~ ~ . . ' .l.l, ~" . I ' " ,,' . . 0 ". ~. " ~ . ~' ...1 , ) - 0" \' I. '" . ' .. ,. cJ. - , ;J; . .., _ _ - - I., , I. 2, " ~ Q '" , .. ,_ _ _ " . , r. ~ '" I' '. 1: -<C .' ! , ' I 1>.1 d - \l.:' ~ ,~ u ." ,,'.' . ...... .' ",_' . ~ ...) Rtt' '10:' I ,t..' '::" I I~ '< .' ..' ,I..' " < . . . " , , Ul' ," I.' ~ . ., . ~ ~..... ....... , If ' ;~tb'" c I..~..@:!l . If> ' . ' . N'" a.. lYl ro '.....:1:.,. ;1;,'."" ,,',...' ~:e \ >. . ", . A I" " ";, :: ' .' , I' d , . " ' ' . '~ : !,;J..l.. ; i .J I . I 0 Q i ..0<= S>.J . i . ' " \ ,. = "" .' ' . " ."- , \ if: I r I \=: . "I r ~ :: . II ~ ,= ~:: . ..r.. \ ~~~ tl t,~ ~ \J ~ ~ -.1\ .\ \J ~ :J ~ ~ ..\ ~ C) ....J .,--''-''':''. _ O'I:K ~- - L ~ &.~ ~ :." -" . _.,:'. '""'-to,. - .,....- [ Exhibit B PROPOSED SITE PLAN l' ~___~i t J <11"-... ~" ' ':t. \' . · I I - --. , ,i ----I, f~'!' , ',' ' c~f: I~: : ' ~J-~; I .: \-,,: . r -- L ' 'I " "'t .'-- . ,I I! " Ift-- . c~ l I jj~ lr.-~~ " ~ ~. II ..:- ~ ,,1'1 ,~ I , ~:, lllffiEEC rl 1,1 mr-' ..... : i, ~ I !I"I 1_ q] L P_- . ': "4 j j _: ~: I~ ; OJ", ' I . -, J H I ~I. ._...-.Ji1i, ~ I .I~ ! IT If uJL. . .J I ~ I ii I' ~- I II .- ,II EEI,J ~ II J~ I me=-=- Jl ~II :. I ii fBl'''ll, ~II r I ill EEl [ I ~II ..C:~". I !I~ -i(1 i "'~. J !'i ,~, -~---J . Ii i \ Fi "'~ :' - ~I:I -_~~ I ;:"":-,...,., : I o 1 . , I : ! i ! , i . J! ...JI .(Li ~i B! ..II u..! i ~I 01 ~I ~I G '. ~.; , ! ! I i ~ I i j ; I , . I ; : i I ! ! I ! ~J ...........>......J j ~ <-l -- 1: ,t I; I' , , I , \' i I : I i : , I 1 Exhibit C PROPOSED FRONT ELEVA TI0.'\ - 'l <' . MAYOR Robert Bean COUNCIL Krisli Slover Bruce Benson Jennifer McCarty Doug Malam CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331.8927 · (612) 474-3236 MEMORANDUM . TO: FROM: DAm: RE: FILE NO..: Planning Commission, Mayor and City Council Brad Nielsen ! 27 September 1995 Woodside 2nd Addition - Preliminary Plat and Lot Width Variance 405 (95.33) BACKGROUND . Mr.. Donald Peterson, representing LeGran Homes, Inc.., has submitted a preliminary plat to subdivide the property at 28030 Woodside Road (see Site Location map - Exhibit A, attached) into two lots. Since the proposed lots (see Exhibit B) are somewhat narrower than the zoning of the property allows, the applicant has also requested a lot width variance. The subject property is located in the R-IA/S, Single-Family ResidentiallShoreland district and contains approximately 80,100 square feet of area.. The property is 212 feet wide at the front building line (50-foot setback) and has approximately 355 feet of shoreline. Although several large trees have been shown on the preliminary plat, -the site is considerably more wooded than depicted. As can be seen on Exhibit B, the lot is quite level, but drops off dramatically at about 50 feet from the shoreline of Lake Minnetonka.. An old shed and a neighbor's utility shed currently occupy the site. As proposed, Lot 1 will be 107 feet wide at the front setback line and Lot 2 will be 105 feet wide.. Both lots will contain 40,050 square feet of area. The applicant's request is explained in his letter, dated 5 September 1995 (Exhibit C, attached). ISSUES AND ANALYSIS A. Lot Width Variance. The R-1A/S zoning district requires lots to be 120 feet wide at the front setback line and 75 feet wide at the lake setback line. The applicant's plan requires a variance of 13 feet for Lot 1 and 15 feet for Lot 2. Upon review of the Shorewood Zoning Code and examination of existing lots in the area in which the property is located, several factors support the grant of a lot width variance. A Residential Community on Lake Minnetonka's South Shore ~1 Woodside 2nd Addition Preliminary Plat/Lot Width Variance 27 September 1995 . 1 . Exhibit D shows lots within approximately one quarter mile of the subject property. Within the area bounded by Island View Road to the north, Howard's Point Road to the east, Boulder Bridge Farm to the south and Lake Minnetonka to the west, there are approximately 69 lots. Eighteen of those lots (26percent) do not meet the R-IA1S lot width requirements and go as narrow as 70 feet. It may be worth noting that of the number of older lots (i.e. those which were not platted under current zoning requirements), 56 percent do not meet the width requirement. The lot immediately to the south of the subject site is only 82 feet wide. Sixteen of the lots do not meet the area requirement of the R -1A1S district. 2. The configuration of the property is such that the lots taper from the lake side to the street side. At the lake setback each lot will have approximately 165 feet of width. The average lot width for the two lots is approximately 135 feet. 3 . The buildable area of both lots is very adequate to allow two homesites. The buildable area of Lot 1 will be approximately 15,600 square feet and Lot 2 will have 21,500 square feet. It should be noted that an existing sewer easement on the lake side of the lot restricts the buildable area of the lots more than the 50-foot lake shore setback. . 4. An existing nonconforming accessory building will be removed as part of the site development. B. Preliminary Plat. The proposed plat complies with the requirements of Shorewood's Subdivision Code, except for two items. 1 . The existing sewer easement along the lake side of the site is shown as being 50 feet wide. This is more likely to be 15 feet and should be corrected on the final plat. 2. The drainage and utility easements on the proposed side lot lines are only five feet and should be 10. C. Tree Preservation. Although a tree preservation and reforestation policy has been drafted by the Planning Commission, it has not been adopted by the City Council. Nevertheless it is suggested that this policy be used to implement the Shoreland district regulations relative to the removal of vegetation on lakeshore lots. It is recommended that the applicant be required to provide a detailed tree inventory showing all deciduous trees greater than 8" DBH and all coniferous trees greater than six feet in height. From that inventory he should provide a preservation/landscape plan showing which trees will be removed, and how remaining trees will be protected. Any building permit for the two new lots should observe the approved preservation plan and should show where replacement trees will be located. The preservation plan should address how the lots will access the lake with minimal tree removal. 2 Woodside 2nd Addition Preliminary Plat/Lot Width Variance 27 September 1995 RECOMl\1ENDATION Based upon the preceding analysis, the applicant's request for a lot width variance would not affect the character of the area in which the lot is located. The variance appears necessary to allow the applicant to make reasonable use of the property, and is due more to lot configuration than anything else. The resulting hardship is not the result of the property owner's actions. It is recommended that the preliminary plat and width variance be approved subject to the following: The applicant's surveyor should show all existing easements on the final plat. The drainage and utility easements on the final plat should be 10 feet wide. The applicant should provide a detailed tree inventory and tree preservation plan as part of the final plat. The applicant must provide an up-to-date (within 30 days) title opinion or title commitment with his final plat. The final plat, including mylars, must be submitted within six months oftl1e Council's approval of the preliminary plat. The applicant must pay $750 for each lot for park dedication fees and $1000 for each lot for local sanitary sewer access charges. . The applicant must pay a $5000 water trunk charge for each lot and $5000 for each lot as a water assessment. If water is not available to the site at the time of the final plat, a development agreement and deed restrictions will be required stating that the water assessment will be paid at such time as water is made available to the site. cc: Jim Hurm Tim Keane Ed DeLaforest Don Peterson 3 / ra ll, ;: v~ {Ill . '1~1 I " (Z, "',:S) \1 \ p') ~ic.~ '2~) ! . ~ , lZS) . GOVT LOT 2 @ @ ... North NOT TO SCALE Exhibit A SITE LOCATION Woodside 2nd Addition - Preliminary Plat go 'jz "3 III \ ::J ~.s~ b~ Z-g :;z '0 o a. '" I- ~ -'-) ~ ~~ ( ,\ C"'V oJ .' . ,.. ~ '- .~~ 1- LEGRAN HOMES. INe. 1521 94th Lane N.E. Blaine. MN. 55449 Phone )612) 780-5756 September 5, 1995 Bradley Nielsen Planni'ng Director City of Shorewood 6766 Country Club Road Shorewood, MN. 55331 . Dear Mr. Nielsen: LeG ran Homes, Inc. hereby submits an application for the subdivision of property on Woodside Road in Shorewood. This property was previously platted as lots 1 and 2 of Scott's Subdivision and part of lot 1 of Gifford's Subdivision. It was subsequently combined for tax purposes into one parcel PID # 31-117-23 24 0005. We hereby request a subdi vision of the original three lots into two lots for the construction of two homes on the property. The reason for this subdivision is that three lots cannot meet the city of Shorewood requirement of at least 40000 square feet per lot. . The platted lots will have areas of 40100 sq. ft. for lot 1 and 40,100 sq. ft. for lot 2. We will need a variance for width at the 50 front setback line from the 120 foot requirement of the ordinance that was approved since the original platting of these lots. The two lots are pie shaped with approximately 107' feet of width for lot 1 and 105' for lot 2 at the 50 foot front setback and approximately 178 feet for lot 1 and 180 feet for lot 2 at the rear lot line. The reason for granting this variance will be that the original lots that were previously platted met the ordinance at that time but this resubdivision will more closely comply with the revised Shorewood zoning ordinance. The two lots created will provide large building pads with more than adequate side yard setback. Because the property lies on the corner of a sharp bend in Woodside road the t\VO lots must be pic shaped. Because of this sharp corner on Woodside Exhibit C APPLICANT'S REQUEST LETTER Dated 5 September 1995 . . . road the two lots will have less than the required width at the 50 foot front line but considerably more width than required at the proposed front building line. The variance will not detract from the neighborhood as the resulting lots will be as large or larger then many of the lots in the area. Several of the properties nearby have less width at the 50 foot setback line than the two lots which will be created with this subdivision. A map showing the nearby properties is included. Those properties with less setback at the 50 foot line than the existing ordinance are shaded on the map. Please consider this request for subdivision and proceed with the process as soon as possible. LeG ran Homes, Inc. is purchasing the property from Raymond Lazaretti if the subdivision is approved. Please contact Donald Peterson at 476-5317 for questions regarding this subdivision. Mr. Peterson will be handling the subdivision for LeGran Homes and Mr. Lazaretti. Sincerel~Q~ Donal~ ;:erson 12435 42nd Ave. North Plymouth, MN. 55441 ...... 0.... .:...,~ ...... -~ ~1 .j,o.l ~ ~ O-+", z-+ -z .. ...~ '-.. '" . " ;;; ...,.. / / / , ~ ~ .. i ~ - -~ "''' ~~ ,~ jj 'tM "II \ ~@/? o . ...:~) ~.~ '~i I ".-i .,- (:~ " ~ ~- N ~ '" - l'~ ~ ;;! :-~ . -.-- Exhibit DNDARD LOTS 'I of Subject Site SUBST A 'mately 1/4 Ml e Within Approxl /)'. MAYOR Robert Bean COUNCIL Kristi Slover Bruce Benson Jennifer McCarty Doug Malam CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 · (612) 474-3236 l\t1EMORANDUM TO: FROM: DATE: RE: FILE NO.: Planning Commission, Mayor and City Council Brad Nielsen 28 Septernber 1995 McCary Addition - Preliminary Plat . 405 (95.35) BACKGROUND . On behalf of Thornas and Mary McCary, Mr. Carl Zinn has submitted a preliminary plat to divide the McCary property located at 6010 Ridge Road (see Site Location rnap - Exhibit A, attached) into two lots. The property is zoned R-IAlS, Single-Family Residential/Shoreland and contains 146,200 square feet of area (3.36 acres). The lot extends between Christrnas Lake and Silver Lake. The McCary's house sits on the westerly portion of the site. Ridge Road forms the boundary between the proposed lots (see Exhibit B). As can be seen on Exhibit B, the easterly portion of the site drops off steeply towards Silver Lake. Slopes reach 60 percent on portions of the property. The potential building pad shown on the plat sits in an area where the slope is slightly rnore gradual, approxirnately 18 percent. As proposed the lot with the house on it will contain 61,230 square feet (1.4 acres) and the new lot will contain 84,970 square feet (1.95 acres). ISSUES AND ANALYSIS . Both lots exceed the minirnurn size requirernent for the R-IAlS zoning district. There are, however, Shoreland regulation issues which rnust be addressed in the approval of the request. A. Bluff Impact Zone. The recently updated shoreland regulations require protection of areas with steep slopes. The contours of the subject property undulate down to Silver Lake, starting out steep, becoming sornewhat rnore gradual in the area of the building pad, then dropping off sharply to Silver Lake. The proposed building pad lies between the "top of bluff' formed by Ridge Road and another top of bluff which exists at approxirnately the 955 elevation (see Exhibit B). Any structure built on the property rnust be required to be located 20 feet to the west of the 955 contour. So, despite a very large lot size, the buildable area of Lot 2 becornes quite confmed. A Residential Community on Lake Minnetonka's South Shore ~G McCary Addition Preliminary Plat 28 September 1995 . The driveway shown on Exhibit C requires some excavation in the upper bluff impact zone of the property. Approval of the preliminary plat should stipulate that a very detailed grading plan and landscape restoration plan will be required as part of a building permit for the subject property. B. Driveway Access. The applicant was asked to prepare a plan showing how the proposed building pad could be accessed with a driveway that does not exceed eight percent grade. While the grading scheme shown on Exhibit C complies with the eight percent limitation it results in graded slopes in excess of 3: I. Recognizing that the proposed driveway may change based upon a specific house design, it is recommended that the applicant's engineer be directed to provide a grading plan and cross-section showing how the driveway can be achieved and still comply with the 3: 1 maximum slope requirement. The revised grading plan should show the extent to which retaining walls will be necessary. This plan should be part of the applicant's final plat submittal. Due to the steep slopes on the east side of Ridge Road and the narrowness of the private street, recent subdivision approvals have included a requirement to create additional pullouts for cars to pass one another or for parking. The revised grading plan should locate an area for this purpose. . C. Lot Coverage. The lot with the existing home on it complies with the maximum impervious surface coverage of 25 percent. As shown on Exhibits B and C, hard cover on Lot 1 amounts to 23.9 percent. Given the large size of Lot 2 and its relatively limited buildable area, hard cover is not anticipated to be a problem. D. Tree Preservation and Reforestation. The subject property is relatively heavily wooded and construction of a home and driveway will necessitate the removal of some trees. Due to the number of trees on the site there is a question as to where replacement trees could logically be located. Instead of requiring trees to be replaced,' it is recommended that efforts be concentrated on landscaping of the area disturbed by the driveway grading. E. City Water. Ridge Road has been identified as an area which is difficult and expensive to serve with City water. Until it is ruled out by further study, however, the new lot is subject to current water policy. The applicant must, therefore, pay a $5000 trunk water charge for future watermain extension. The owners of the property must also enter into a recordable agreement stating that the existing lot and the new lot will be subject to an additional assessment at such time as water is made available to the site. As the City continues to formulate its plan for extending City water, a determination must be made as to which areas are not feasible to serve and how trunk water charges paid for subdivisions might be rebated. 2 McCary Addition Preliminary Plat 28 September 1995 RECOMMENDATION As typical of lots on the east side of Ridge Road, the new lot requires careful desigt;l to comply with City Codes and state shoreland regulations. In this regard the proposed large lot size of Lot 2 creates an advantage. It is recommended that the preliminary plat be approved, subject to the following: 1 . The applicant must submit a final plat within six months of Council approval of the preliminary plat. 2. The final plat submission should include the following: a. An up-to-date (within 30 days) title opinion or title commitment for review by the City Attorney. . b. A revised grading plan showing driveway access not exceeding eight percent or resulting in disturbed slopes exceeding 3: 1. This plan should also show how an additional two-car pullout can be located on Ridge Road. The plan should also show how cars can turn around at the bottom in order to exit the site without backing onto Ridge Road. 3. Any structure must maintain a 20-foot setback from the 955 elevation. 4. Any building permit for a new home on Lot 2 will require a detailed grading and landscaping plan, showing existing field-checked contours and proposed contours. 5 . The applicant must pay a $5000 trunk water charge for Lot 2. The owners must enter into an agreement with the City stating that both lots will be subject to additional water assessments at such time as water is made available to the site. . 6. The new lot is subject to the following fees: 1) park dedication - $750; and 2) local sanitary sewer access - $1000. 7. The requirements in 3., 4., and 5. above shall be recorded in a protective covenant so as to put future buyers of the property on notice of the requirements. cc: Jim Hurm Tim Keane Ed DeLaforest Larry Brown Carl Zion Thomas and Mary McCary 3 ..... c .... l? ~ } ro.::..: c;c::.s C ~' ( '9 ,o?< ":.: 5 · - ( 16) ;;;. . ~o)r'!3" 4&0. ~ ',4S. ~~ l , s 5 975 .:~' ( 12) ~;. 4 1.7 - ",', c, ~ - aye ~~rvv(~ LA~~._. ........... .......... ........ ...... ....... - .................... "-":" .......~ ........................... ~ \'. ......-... \'0 ~ ~~ \ -Kv ::"l \....;.e r \...0. . ... North I / ~ l,atJ ~". <:/ ~/ ~. \ CHANHASSEN Exhibit A ON SITE LOCA '!~ Preliminary Plat McCary AddItion - a i} % .") , 4 \ \... / ~j (\ \ \.. I ~ -1l ,~ - ~ ..A ... '0.- '-t-i ,-.<f' .' , I .- '-l. l 3 ~ .- Q ..a I , ..- I .'f' I ~ i ") -., I .___-oJ l ~ -.... t 1 t ~ r ;! 'v " ~. ~ :!.- . ~~": ......:' _"~ JJoon N )..: ".alll' ~.e )N"l y '" ~ ~ ~ ~ ~ /. , ~ . ~ ~ = " .--, ~]/ ~ - ~'- . ';. ~~~. , ._(''1\..':' J.€ ~ ~Z ~\\ - ~ ~ l' ! ~ f . - .-- ~ . ~ ---... ~"'- ~!'- V ("<,.. ~ "'" I :. I; - ...... .' ,\ --'~ U ,<,'Or ~ ~ .,.~:,., -":':i~"'.,! 0 <, ;.;,,>; .)" :. ~. = " . :""~ oCo,<: ~ ", '!.~ I / V' JfPj-"1));-" _ ....or,; ~" H ---.J a- .;-.. ""." ~', ~~ en .' ~~ _', " "... woE I.r:; S - co-'" /Yt1:- ~~~:. / 0,,,'" 'Y..f. '~- .:.,,~ / ~ S/ ..v'~:"", ...... f C, J ~='....."' '/ ,,- a C 0"0 c , v .E <1'. Exhibit B PRELIMINARY PLAT ~ ~ GJ J ~ ~ ::.:: ~ o z ~ o ...J UJ L:: z' <I( <.:> UJ 0:: UJ Q. a:> I I l- I ! .... o ...J .... > o <.:> l.. o W Z :::::i ~ w z :::::i ~ c ) " b ...J .... ~ <.:> ~ 0:: ::> V) V) L V) ::> o z ~ ::> t:: CD J.€~ ~Z ,\\ " l.. o w <.:> o w .... ~ ~ S ~ ~ .;:, oC' tJ 1 Exhibit C PROPOSED DRIVEW AY GRADING . . ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 903 OF THE SHOREWOOD CITY CODE REGARDING ASSESSMENT POLICY FOR THE PROVISION OF MUNICIPAL WATER THE CITY COUNCIL OF THE CITY OF SHOREWOOD. MINNESOTA, ORDAINS: Section 1. Section 903.18, Subd. 2 (a) is hereby amended to read: a. Assessment Rate: The rate used for City water assessments as computed under Subdivision 5. Section 2. Section 903.18, Subd. 4 (d) is hereby amended to read: d. Orderin~ the Improvement and Orderin~ Preparation of Plans & Specifications Following a public hearing a resolution ordering the improvement may be adopted at any time within six (6) months after the date of the hearing by a four-fifths (4/5) vote of the City Council, unless the project was initiated by a 35% petition in which event it may be adopted by a majority vote. The resolution may reduce, but not increase, the extent of the improvement as stated in the notices. At this time a special assessment is considered to be "pending" for all assessable properties in the improvement area. Section 3. Section 903.18, Subd. 4 (g) is hereby amended to read: g. Preparin~ Proposed Assessment Roll The City Engineer and Administrator/Clerk must calculate the amount to be specially assessed against every parcel of land benefited by the improvement. The area to be assessed may be less than, but not more than, the area proposed to be assessed as stated in the notice of public hearing on the improvement. After fees and charges are prepared per Subd. 6 of this Ordinance, the assessment roll will be prepared. The assessment roll should contain a description of each parcel of property and the assessment amount including any deferred assessments. The assessment roll must be fIled with the City Administrator/Clerk and be available for public inspection. Section 4. Section 903.18, Subd. 5 (a) is hereby amended to read: a. Establishin~ an Assessment Rate: Using a base rate as established in Subd. 5 (b) below, the City Council may change the assessment rate annually to allow for inflation. For the purposes of this subdivision, the inflation rate shall be established using the index of construction costs for the City's region, as published by the "Engineering News Record" or the "Consumer Price Index". Section 5. Section 903.18, Subd. 6 (a) is hereby amended to read: a. Unit Method Assessments for City water shall be made in accordance with the formula in the following table: <1 Formula Existing Future Land Use (Lot of Record/Units) (Newly Created Lots or Units) Single Family R R+T Multiple Family* R + 0.25 RU 2R + 0.5 TU Property Zoned Commercial But Not 1.5R 1.5RUc + TUc Yet Used As Such Zoned and Developed as 1.5RUc 1.5RUc+ TUc Commercial Property Schools, Churches, R (40,000 s.f. of land or R+T (40,000 s.f. of land or Government, and less) less) Other Nonresidential 1.5R (over 40,000 s.f. of 1.5R+1.5T (over 40,000 land) s.f. of land) In addition to the above, developers of new subdivisions will be required to install lateral mains, services and appurtenant items at the time of platting. New assessment charges applied against newly divided or developed land shall be credited the amount of assessment charges against the original parcel. T = Trunk Charge: A charge due at the time a new lot is created, a zoning action is taken, or a building permit issued that creates additional units. This charge may be levied upon request. R = Assessment Rate: An assessment levied against a lot when water becomes available. u = # of dwelling units. Uc = Number of equivalent residential units. . . . . * Multiple family dwellings include those buildings designed with two or more dwelling units. For the purposes of this ordinance, no more than 12 dwelling units will be allowed for each base rate ( R ) applied. Assessment fees and trunk charges are per structure. Section 6. This Ordinance shall be in full force and effect from and after its passage and publication. ADOPTED BY THE CITY COUNCIL of the City of Shorewood, Minnesota this 23rd day of October, 1995. ROBERT B. BEAN, MAYOR ATIEST: JAMES C. HURM, CITY ADMINISTRATOR/CLERK 903.01 . SECTION: 903.01: 903.02: 903.03: 903.04: 903.05: 903.06: 903.07: 903.08: 903.09: 903.10: 903.11 : 903.12: 903.13: 903.14: 903.15: 903.16: 903.17: 903.18: 903.19: . 903.02 CHAPTER 903 WATER USE AND SERVICE Purpose and Intent Compliance With Provisions Water Service Connections Water Tum-On and Shut-Off Fees Private Wells Installation and Construction Requirements and Specifications Service Pipes Meters Water Rates and Charges Water Connections Served by Adjacent Municipalities Authorized Water Shut Offs Conservation Measures Restricted and Prohibited Acts Discontinuance of Service Mandatory Hook Up, Commercial and Multiple-Family Residential Users Right of Entry Powers' Disclaimer of Liability Water Assessment Policy Violation 903.01: PURPOSE AND INTENT: The City Municipal water system (hereinafter called the water system) shall be operated as a public utility and convenience from which revenue will be derived, subject to the provisions of this Chapter. 903.02: COMPLIANCE WITH PROVISIONS: No person shall make, construct or install any water service installation, or make use of any water service connected to the water system except in the manner provided in this Chapter, nor shall any person make, construct, install or make use of any installation connected to the water system contrary to the regulatory provisions of this Chapter. 293 City of Shorewood 903.16 903.18 903.16: RIGHT OF ENTRY POWERS: Authorized City employees shall have free access at reasonable hours of the day to all parts of every building and premises connected to the water system necessary for reading of meters and inspection. City employees shall be properly identified and shall display such identification upon seeking admittance to the building. 903.17: DISCLAIMER OF LIABILITY: The City shall not be liable for any deficiency or failure in the supply of water to property owners or users, whether occasioned by shutting the water off for the purpose of making repairs or connections, or from any other cause whatever. 903.18 WATER ASSESSMENT POLICY Subd. 1. Scope and Purpose: This policy is intended to provide a fair, equitable, and consistent means of allocating the cost of water improvements. Subd. 2. Definitions: a. -ASSESSMENT i\NNU.'\L RATE: The rate used for City water assessments as computed under Subdivision 5. . b. BUTI..DING SITE: An area of land on which a building exists or an area of land meeting city code requirements on which a building could be constructed. . c. CONSTRUCTION COST: Amount paid to contractors for constructing the improvements. d. CONSTRUCTION INTEREST: Cost of financing the improvements from the time the project is initiated until the assessment roll is approved by the City Council, less any interest earned on invested funds. The interest rate will be at the expected assessment rate. e. DWELLING UNIT: A residential building or portion thereof intended for occupancy by a family, but not including hotels, motels, nursing homes, boarding or rooming houses, or recreational vehicles. . , f. EQUIV ALENT-RESIDENTIAL-UNITS: The number of equivalent residential units is determined by square footage of the nonresidential parcel- one unit per 40,000 square feet of land area or portion thereof. (Ord. 302, 7- 10-95) g. LOT: Land occupied or to be occupied by a building and its accessory buildings, together with such open spaces as are required under the provisions of Shorewood's zoning regulation having not less than the minimum area required by the Zoning Ordinance for a building site in the district in which such lot is situated and having its principal frontage on a street, or a proposed street approved by the Council. h. LOT: CORNER: A lot situated at the junction of and abutting on two (2) or more intersecting streets; or a lot at the point of deflection in alignment of a single street the interior angle of which is one hundred thirty-five degrees (135 0) or less. 1195 City of SllOrewood 903.18 903.18 i. PROJECT COST (Total Cost of Improvements): All construction costs, plus costs for administration, engineering, legal, fiscal, easement acquisition assessing, and any project related work previously done but not assessed. j. RESIDENTIAL UNIT: A residential unit is a platted single family residential lot which, in accordance with the City's zoning and subdivision regulation, cannot be further subdivided. Subd. 3. Special Assessments: a. Benefit Principle: Special assessments, as authorized by Minnesota State Law, Chapter 429, may be levied only upon property receiving a special benefit from the improvement. In Minnesota, the Constitution and courts apply this general rule by placing the following limitations upon the power to levy special assessments: I) the rate must be uniform and consistent upon all property receiving special benefit; 2) the assessment mustbe confined to property specially benefited; and 3) the amount of the assessment must not exceed the special benefit. . The special assessment is a financial tool employed by the City as a means of allocating the costs of specific improvement projects to the benefited properties and spreading those costs over a number of years as specified by the City Council. Special assessments are billed to the property owner along with real estate taxes. There is, however, a distinct difference between taxes and special assessments. Real estate taxes are a function of the real estate value as determined by the municipal assessor, while special assessments are a direct function of the enhancement of value or the benefit which a specific improvement gives to the property. . b. Consistent & Equitable: Once an improvement project is initiated and it is determined that the improvements are necessary and desirable, the special assessment procedure is intended to equitably and consistently allocate and levy the cost of specific improvements to the benefited properties. The City must recover the appropriate portion of the expense of installing public improvements, if undertaken, while ensuring that each parcel pays its fair share of the project cost in accordance with these assessment guidelines. This policy sets forth the general assessment methods and policies to be utilized by the City Administrator and City Engineer when preparing assessment rolls for approval by the City Council so as to assure uniform and consistent treatment to the various properties from year to year. The following policy is general in nature, and certain circumstances may justify deviations from stated policy as determined by the City Council. Subd. 4. Special Assessment Procedure: A flow chart on the Shorewood Public Improvement Process for Special Assessment projects giving a detailed explanation of the process is shown on the next page. a. Initiating the Proceedings: Improvement proceedings may be initiated in anyone (1) of the following three (3) ways: 1195 City of Slwrewood 903.18 903.18 (1) By a petition signed by the owners of not less than thirty-five percent (35%) of the frontage of the real property abutting on the streets named as the location of the improvement; (2) By a petition signed by 100% of the owners of real property abutting any street named as the location of the improvement. Upon receipt of a petition of 100% of the abutting property owners, the City Council must determine that it has been signed by 100% of the owners of the affected property. After making this determination, a feasibility report shall be undertaken and the project may be ordered without a public hearing, or (3) By the initiative of the City Council. Petitions for improvement shall be referred for Administrative report and estimated budget. A simple majority vote of the City Council is needed to start the proceedings. Whether initiating the proceedings or accepting a petition requesting such proceedings, the City Council may simultaneously order a feasibility report on the proposed improvement. Feasibility reports shall be paid for by the City in the case of water construction projects and recouped once the project as completed under the terms of this policy. b. Preparing the Feasibility Study: An improvement project which is initiated by action of the City Councilor by a 35% petition may be ordered only after a public hearing. Prior to adopting a resolution calling a public hearing on an improvement, the Council must secure from the City Engineer a report advising it in a preliminary way as to: (1) Whether the proposed improvement is feasible; (2) Whether the proposed improvement is consistent with Capital Improvement Planning; (3) Whether the improvement should be made as proposed or in connection with some other improvement; . (4) The estimated cost of the improvement; (5) A proposed project schedule; and (6) Any other information thought pertinent and necessary for complete Council consideration. . 1195 City of Shorewood 903.18 903.18 c. Holding a Public Hearing on the Improvement: Improvement projects which are initiated by a 100% petition may be ordered by the City Council without a public hearing if the City Council determines the project may be undertaken without unreasonable changes to the Capital Improvement Finance Plan or the petitioning property owners agree to pay 100% of the cost of the improvements. In the case of a Council-initiated project or petition of less than 100% of abutting property owners, the Council must adopt a resolution calling a public hearing on the improvement project for which mailed and published notices of the hearing must be given. The notice of public hearing must include the following information: . (1) The time and place of hearing; (2) The general nature of the improvements; (3) The estimated cost; and (4) The area proposed to be assessed. Not less than ten (10) days before the hearing the notice of hearing must be mailed to the owner of each parcel in the area proposed to be assessed. The notice of public hearing must be published in the City's legal newspaper at least twice, each publication being at least one week apart, with the last publication at least three (3) days prior to the hearing. At the public hearing, the contents of the feasibility study will be presented and discussed with the intent of giving all interested parties an opportunity to be heard and their views expressed. d. Ordering the Improvement and Ordering Preparation of Plans & Specifications: Following a public hearing a resolution ordering the improvement may be adopted at any time within six (6) months after the date of the hearing by a four-fifths (4/5) vote of the City Council, unless the project petition was initiated by a 35% petition in which event it may be adopted by a majority vote. The resolution may reduce, but not increase, the extent of the improvement as stated in the notices. At this time a special assessment is considered to be "pending" for all assessable properties in the improvement area. . After the order of an improvement project, the City Council must order the preparation of plans and specifications which may be included as part of the resolution ordering the improvements. When the Council determines to make any improvement, it shall let the contract for all or part of the work, or order all or part of the work done by day labor, no later than one (1) year after the adoption of the resolution ordering such improvement unless a different time limit is specifically stated in the resolution ordering the improvement. e. Advertising for Bids: If the estimated cost of the improvement exceeds $25,000, bids must be advertised for in the legal newspaper and such other papers and for such length of time as the City Council deems desirable. If the estimated cost of the improvement exceeds $100,000, the advertisement must be in a paper published in a first class city, or in a trade paper not less than three (3) weeks before the last date for submission of bids. The notice must contain the following information: 1195 City of Slwrewood 903.18 903.18 (1) The work to be done; (2) The time when bids will be publicly opened which must be not less than ten (10) days after the first publication of the advertisement when the cost is less than $100,000, and not less that three (3) weeks after publications in all other cases, and (3) A statement that no bids will be considered unless they are sealed and accompanied by cash, a cashier's check, bid bond or certified check for such percentage of the bid as specified by the City Council. f. Awarding Contracts: Following receipt of the bids, the City Council must either: (1) A ward the contract to the lowest responsible bidder; or (2) Reject all bids. The contact must be awarded no later than one (1) year after the adoption of the resolution ordering the improvement unless that resolution specifies a different time limit. . The City Council may purchase the materials and order the work done by day labor or in any manner it deems proper if: (1) The initial cost of the entire work does not exceed $25,000; (2) No bid is submitted after advertisement; or (3) The only bids are higher than the engineer's estimate. g. Preparing Proposed Assessment Roll: f...fter the expenses incurred or to be incurred in the completioR on an improvement ha'..e beeR oalculated as defined iR Section VI C Project Costs, the City Council must determine the amouRt it will pay and the amoURt to be specially assessed. The City Engineer and Administrator/Clerk must calculate the amount to be specially assessed against every parcel of land benefited by the improvement. The area to be assessed may be less than, but not more than, the area proposed to be assessed as stated in the notice of public hearing on the improvement-. After fees and charges are prepared per Subd. 6 of this Ordinance. the assessment roll will be prepared. The assessment roll should contain a description of each parcel of property and the assessment amount including any deferred assessments. The assessment roll must be filed with the City Administrator/ Clerk and be available for public inspection. h. Holding Public Hearing on Proposed Assessments: A public hearing on the special assessments must be held following published and mailed notice thereof. The notice of the assessment public hearing must include the following information: . ( 1) The date, time and place of the meeting; (2) The general nature of the improvement; (3) The area proposed to be assessed; 1195 City of ShorelVood 903.18 903.18 (4) The total amount of the proposed assessment; (5) That the assessment roll is on file with the Clerk; (6) That written or oral objections will be considered; (7) That no appeal may be taken as to the amount of assessments unless a written objection signed by the affected property owner is filed with the City Clerk prior to the hearing or presented to the presiding officer at the hearing; and . (8) That the owner may appeal the assessment to the district court by serving notice on the Mayor or City Clerk within three (3) working days after the adoption of the assessment and filing notice with the court within ten (10) days after such appeal to the Mayor or the City Clerk. The notice of the assessment hearing must be published in the legal newspaper at least once, not less than two (2) weeks prior to the hearing. The City Clerk must mail notice of the assessment hearing to the owner of each parcel described in the assessment roll at least two (2) weeks prior to the hearing. The mailed notice must also include, in addition to the information required to be in the published notice, the following information. (1) The amount to be specially assessed against that particular loti piece or parcel of land; (2) The right of the property owner to prepay the entire assessment and the person to whom prepayments must be made; (3) Whether partial prepayment of the assessment has been authorized by ordinance; (4) The time within which prepayment may be made without the assessment of interest; and . (5) The rate of interest to accrue if the assessment is not prepaid within the required time period. i. Adopting the Assessments: At the assessment hearing or at any adjournment thereof, the City Council may adopt the assessments as proposed or adopt the assessments with amendments. If the adopted assessment differs from the proposed assessment, the clerk must mail the owner a notice stating the amount of the adopted assessment. The adopted assessment roll shall include any and all deferments on large or unplatted parcels of land. j. Transmitting Assessment to County Auditor: After the adoption of the assessment, the City Clerk must transmit a certified duplicate copy of the assessment roll, including all deferred equivalent residential units to the County Auditor. Subd. 5. Special Assessment Policies: It is the policy of the City that all properties shall pay their fair share of the cost of local improvements as they benefit. It is not intended that any property shall receive the benefits of improvements without paying for them. 1195 City o{ SllOrewood 903.18 903.18 a. Establishing an Assessment Annual Rate: Using a base rate as established in Subdivision 5 b below, the City Council may change the assessment rate annually to allow for inflation. For the purposes of this subdivision, the inflation rate shall be established using the index of construction costs for the City's region, as published by the "Engineering News Record" or the "Consumer Price Index". b. Base Rates: The City Council may change the base rate due to changes in construction methods or materials, changed capital improvement costs, difficult topography or construction areas, or other changes inherent to the cost of providing water service to the remainder of the City. The Base Rate will only be changed after careful study and report by the City Engineer indicating a need for a change. This report shall include, but not be limited to, the changes that have occurred or are anticipated with regard to construction methods, capital improvement costs, and the remaining geographical area(s) of the City to be served by City water. c. Term of Assessment: Assessments for water should be assessed for a fifteen (15) year period unless the City Council determines that some other period of time is more appropriate. d. Government Owned Properties: Properties belonging to government jurisdictions, including the City, will be assessed the same as privately owned property. e. Non-developable Land: Special Assessments shall not be levied on properties deemed unbuildable due to the existence of undeveloped lands lying wholly and completely within zoned wetlands, flood plains, DNR protected wetlands and/or having restricted soils as determined by the City Building Inspector. However, all parcels of land are assumed to be buildable until proven otherwise by the owner. . f. Interest Rate: The interest rate charged on assessments for all projects financed by debt issuance shall not exceed two percent (2%) of the net interest rate of the bond issue. This is necessary in order to insure adequate cash flow when the City is unable to reinvest assessment prepayments at an interest rate sufficient to meet the interest cost of debt or when the City experiences problems of payment ,collection delinquencies. In the event no bonds are issued then the rate of interest on assessments shall not exceed two (2) percent greater than the average rate of interest on all bonds issued in the previous calendar year or the current market municipal bond rate. Interest on initial special assessment installments shall begin to accrue from the date of the resolution adopting the assessment. Owners must be notified by mail of any changes adopted by the City Council regarding interest rates or prepayment requirements which differ from those contained in the notice of the proposed assessment. g. Payment Procedures: The property owner has four available options when considering payment of assessments: . (1) Tax Payment - If no action is undertaken by the property owner, then special assessment installments will appear annually on the individual's property tax statement for the duration of the assessment term. 1195 City of SllOrewood 903.18 . . 1195 903.18 (2) Full Payment - No interest will be charged if the entire assessment is paid within 30 days of the date of adoption of the assessment roll. In the initial year, the property owner may at any time between that date and November 15, prepay the balance of the assessment with interest accrued to December 31 of that years (3) Partial Payment - The property owner has a one-time opportunity to make a partial payment reduction of any amount against higher assessment. This option may only be exercised within the 30-day period immediately following adoption of the assessment roll. (4) Prepayment - The property owner may, with the exception of the current year's installment of principal and interest, pay the remaining assessment balance at any time, prior to November 15 without further interest charges. Thereafter, the next installment, with interest through December 31 of the following years will be levied for collection with the real estate taxes payable the ensuing year. The principal balance will be reduced by the amount of the installment. (5) Partial Prepayment of Special Assessments - Special assessments may be partially prepaid subject to the following provisions: (a) Partial prepayments shall be made to the City Finance Director. (b) Partial prepayments may be made not more than once per calendar year. (c) Partial prepayments may be paid in amounts not less than 10% of the original assessment. (Ord. 304, 8-14-95) h. Appeal Procedures: No appeal may be taken as to the amount of any assessment adopted unless a written objection signed by the affected property owner is filed with the City Administrator's office prior to the assessment hearing or presented to the presiding officer at the hearing. The property owner may appeal an assessment to District Court by serving notice of the appeal upon the Mayor or City Administrator within 30 days after the adoption of the assessment and fIling such notice with the District Court within 10 days after service of the appeal upon the Mayor or City Administrator. i. Reapportionment Upon Land Division: When a tract of land against which a special assessment has been levied is subsequently divided or subdivided by plat or otherwise, the City Council may, on application of the owner of any part of the tract or on its own motion, equitably apportion among the various lots or parcels in the tract all the installments of the assessment against the tract remaining unpaid and not then due if it determines that such apportionment will not materially impair collection of the unpaid balance of the original assessment against the tract. The City Council may require furnishing of a satisfactory surety bond in certain cases as specified in Minnesota Statutes Section 429.071, subd. 3. Notice of the apportionment and of the right to appeal shall be mailed to or personally served upon all owners of any part of the tract. In most cases dividing the assessment balance evenly on a unit or lot basis would result in an equitable apportionment. If equitable in a particular case, such a procedure would be most practical and administratively effective. City of SllOrewood 903.18 903.18 Subd. 6. Assessment Method: a. Unit Method: Assessments for City water shall be made in accordance with the formula in the following table: Formula Land Use StF1:let1:lFeS Existing Future Lot of Record/Units Newly Created Lots or Units Single Family R R+T Multiple Family* R + 0.25 RU 2R + 0.5 TU Property Zoned 1.5R 1.5RUc+TUc Commercial But Not Yet Used As Such Zoned and 1.5RUc Deferred .'\m01:lBt Developed as Commercial 1.5RUc+ TUc Property Cammereial** Schools, Churches, R (40,000 s.f. or land or R+T (40.000 s.f. of land or Government, and less) less) Other Nonresidential 1.5R (over 40,000 s.f. of land) 1.5R+1.5T (over 40.000 s.f. of land) Mixed Use t...ssessed at highest use Assessed at highest use rate Alte In addition to the above. developers of new subdivisions will be required to install lateral mains. services and appurtenant items at the time of platting. New assessment charges applied against newly divided or developed land shall be credited the amount of assessment charges against the original parcel. T = Trunk Charge: A charge due at the time a new lot is created. a zoning action is taken. or a building permit issued that created additional units. building permit is issued or UpOFl water becoming aywlable. This charge may be levied upon request. R = Assessment Rate: An assessment levied against a lot when water is- becomes available or apoFl each newly created lot at time of platting. U = # of dwelling units. 1195 r;,." nF ~1"u'nu'n"A . . .. 903.18 903.18 c f:t of commercial units as defiFled by equivalent resideFltial Hnirs. Uc = Number of equivalent residential units. * Multiple family dwellings include those buildings designed with two or more dwelling units. homes haying more than a single dwelling unit HFlder one roof (i.e. duplex, tri plex, apartments). For the purposes of this ordinance, no more than 12 dwelling units will be allowed for each base rate LBJ..applied. Assessment fees and trunk charges are per structure. In additioFl to the aboye, deyelopers of new subdivisions ""ill be required to install lateral mains, services and appHrtenant items at the time of platting. In those cases where City water will not be available at the time of platting as deterrrHned by the City Engineer the deyelopmeat shall pay at the existing rate until such time as ".vater is a',ailable. f.t that time, the trunk charge and the amount already paid shall become due and payable. . ** Parcels zoned but not developed or used as commercial Uc may be deferred. (Ord. 302, 7-10-95) b. Corner Lots: Shall be assessable when water becomes available. Subd. 7. Deferred Assessments: a. The City Council may defer Special Assessments: On homestead property owned by a person who qualifies under the hardship criteria set forth below. . b. Procedure: The property owner shall make application for deferred payment of special assessments on a form prescribed by the Hennepin County Auditor and supplemented by the Shorewood City Administrator. The application shall be made within 30 days after the adoption of the assessment roll by the City Council and shall be renewed each year upon the filing of a similar application no later than September 30. The City Administrator shall establisb a case number for each application; review the application for complete information and details and make a recommendation to the City Council to either approve or disapprove the application for deferment. The City Council by majority vote, shall either grant or deny the deferment and if the deferment is granted, the City Council may require the payment of interest due each year. Renewal applications will be approved by the City Administrator for those cases whereby the original conditions for qualifications remain substantially unchanged. If the City Council grants the deferment, the City Administrator shall notify the County Auditor who shall in accordance with Minnesota Statutes, Section 435.194, record a notice of the deferment with the County Recorder setting forth the amount of assessment. 1195 City of Sltorewood ",-. ,,-~ 903.18 903.18 Interest shall be charged on any assessment deferred pursuant to this Section at a rate equal to the rate charged on other assessments for the particular public improvement projects the assessment is financing. If the City Council grants an assessment deferral to an applicant, the interest may also be deferred, or the interest may be due and payable on a yearly basis up until the assessment period terminates and only the principal is deferred. The decision as to whether the principal and interest or just the principal is deferred is decided by the City Council when considering the application. Conditions of Hardship: a. Any applicant must be 65 years of age, or older, or retired by reason of permanent and/or total disability and must own a legal or equitable interest in the property applied for which must be the homestead of the applicant, or b. The annual gross income of the applicant shall not be in excess of the very low income limits (50% of median) asset forth by family size in Hennepin County's Section Eight guidelines. Calculation of the total family income shall be determined by the summation of all available income sources of the applicant and spouse. Income specified in the application should be the income of the year proceeding the year in which the application is made, or the average income of the three years prior to the year in which the application is made, whichever is less, and . c. Permanent and/or total disability shall be determined by using the criteria established for "permanent and total disability" for Workman's Compensation, to wit: (1) The total and permanent loss of the sight of both eyes. (2) The loss of both arms at the shoulder. (3) The loss of both legs so close to the hips that no effective artificial members can be used. (4) Complete and permanent paralysis. . (5) Total and permanent loss of mental faculties. (6) Any other injury which totally incapacitates the owner from working at an occupation which brings himlher an income. An applicant must substantiate the retirement by reason of permanent and/or total disability by providing a sworn affidavit by a licensed medical doctor attesting that the applicant is unable to be gainfully employed because of a permanent and/or total disability. (Ord. 300, 6-12-95) Subd. 8. City Council may adjust the final assessment as appropriate to satisfy the requirements of Minnesota Statutes Section 429. (Ord. 302, 7-10-95) 903.18: VIOLATION: Any person violating any provision of this Chapter shall be guilty of a misdemeanor. (Ord. 210, 5-23-88) 1195 City of SllOrewood MAYOR Robert 8ean CITY OF SHOREWOOD COUNCIL Kristi Slover Bruce Benson Jennifer McCarty Doug Malam 5755 COUNTRY CLUB ROAD. SHOREWOOD. MINNESOTA 55331-8927 · (612)474-3236 October 11, 1995 .' AI Willcut, Executive Director LMCD 900 East Wayzata Blvd Suite 160 Wayzata, MN 55391 Dear AI: This letter is being sent on behalf of the Shorewood City Council. We appreciate your efforts in correcting past levy allocations to the LMCD cities. Please consider this our official request for reimbursement of the amount which had been over allocated to the City of Shorewood over the last few years. We understand this correction will be made by reimbursing the City of Shorewood $1,100. Again, thank you for your efforts. Sincerely, . CITY OF SHOREWOOD .1,- , I I C'Ji! VI . .r,_ ''\It'J;~ K}/yj11 L V James C. Hurm, City Administrator cc: Mayor and City Council Bob Rascop, LMCD Representative Finance Director AI Rolek jt IDA A Residenriai Community on Lake Minneronka's South Shere BOARD MEMBERS William A, Johnstone Chair, Minnetonka Douglas E, Babcock Vice Chair, Spring Park Joseph Zwak Secretary, Greenwood Robert Rascop Treasurer, Shorewood Mike Bloom Minnetonka Beach Albert (Bert) Foster Deephaven James N. Grathwol Excelsior Duane Markus Wayzata Ross McGlasson Tanka Bay Craig Mollet Victoria Eugene Partyka Minnetrista Tom Reese Mound Herb J. Suerth Woodland Orono I. tJ 60Q/j. Recyc:ec Content 300;:: POSi Consumer Waste LAKE MINNETONKA CONSERVATION DISTRICT 900 EAST WAYZATA BOULEVARD, SUITE 160 . WAYZATA, MINNESOTA 55391 . TELEPHONE 612/473-7033 October 2, 1995 TO: LMCD cities ~f@ C!1S;/i~3i !i-.J' _": ," ,.' ',.cco Ii ) if "!.' ,;;' ,- '1 I09~ Ii, '.il , Ui!! "'..' !-'-. .v,- v !LjU Director r ~ too/I 1 Rtl ! ."~"':"=::::::::::-"::~-===~:::::=:.~... r FROM: Al Willcutt, Executive SUBJECT: LMCD Budget Update The LMCD Board of Directors took remedial action at the 9/27/95 Board meeting regarding levied amounts to the 14 cities in 1994, 1995, and 1996. Specifically, enabling legislation was passed in 1990 which changed the formula upon which city levies were calculated. Instead of using taxable market value figures, the change in the enabling legislation required levy allocations based on percentage of net tax capacity. Staff 'researched past levy allocations, from 1991 through 1995, to determine their accuracy. Results of this research indicated allocations were correct in years 1991- 1993, however, allocations in 1994 and 1995 were done incorrectly. . This matter was addressed at a meeting held on 9/25/95 at the LMCD office with Mayors from five communities attending. Feedback from these mayors was incorporated in the 9/27/95 Board of Directors decision. . Eight cities overpaid in 1994 and,1995. These cities include Deephaven,Greenwood, Minnetrista, Mound, Orono, Shorewood, Tonka Bay, and Victoria. The Board agreed to allow these cities the option of requesting a refund for these years. A spreadsheet has been included for 1994-1995 outlining this information. For 1996, the Board agreed to levy the cities based on net tax capacity. A corrected levy allocation spreadsheet has been enclosed for 1996. We apologize for any inconveniences our mistake may have caused you. Your cooperation in resolving this matter is greatly appreciated. MUNICIPALITY DEEPHA VEN EXCELSIOR GREENWOOD MINNETONKA MINNETONKA BEACH MINNETRIST A MOUND ORONO SHOREWOOD SPRING PARK TONKA BAY VICTORIA WAYZATA WOODLAND TOT ALS . . LMCD BUDGET ANALYSIS BUDGET YEARS 1994-95 1994 BUDGET NET TAX MARKET CAPACITY V ALUE DIFFERENCE 6,723.00 7,208.00{4~p~QQ) ~:~~~:gg ~:~~~:gg ....)~0~]g~ 17,623.00 17 ,623.00 n.()~(:)Q 1,683.00 1,683.00. ::?/{:{i\\:~a;oo 6,001.00 6,239.00 (gaij,p6) 1 ::~~ ~:gg 1 ::~~~:gg..t~~g:~~ ~:~~~:gg ~:~~~:gg(~5~?gJ 2,978.00 3,040.00<>(Q~.()Q) 3,075.00 3,234.00<llij~~QQ) 9,208.00 8,696.00":$lg~()Q 2 088.00 2 045.00:43.()() 88 11 7.00 88 117.00 1995 BUDGET NET TAX MARKET CAPACITY V ALUE DIFFERENCE 10,993.00 11,580.00 ">(587.00) 4,572.00 3,698.00 "'Q74.00 2,250.00 2,279.00(~9.oo) 28,664.00 28,664.00 ....TO.PO 2,666.00 2,637.00 .:29.00 9,760.00 1 0,334.00J~74.00} 12,684.00 13,100.00,:(416.00) 24,995.00 25,096.00(101.00) 1 HE:~ 1 Hn:~ Illr~~~ 5,618.00 5,747.00~f3~'00).. 14,375.00 13,573.00 ../802.00 3 454.00 3.339.00<115.00 .. 143 322.00 143 322.00 TOTAL DIFFERENCI Ih07~.OO ;;,~tl~i~ ......... . .... ............ .0..0)(. . . ... ". ", ......... ...... ... . ,. .. ...... ........ ",-'" .'."'- ',.........'.. ........ ..........,..,...-.....' .......}.......}.:?~.;Q( ..................}(~1:g;QQ .............:.....f~g~.[gg . It, 19Q.QQ . 1{j"4iQ~ .HiP$,QQ Jzaa;QQ ~1-~~~ig~ LAKE MINNETONKA CONSERVATION DISTRICT 1996 DRAFT BUDGET DISTRIBUTION OF EXPENSES PE.RCENT AGE OF SHARE OF SHARE OF SHARE OF NET TAX TOT AL NET EWM PROGRAM ADMINISTRATION TOT AL BUDGET CAPACITY TAX CAPACITY $29,500.00 $111 ,800.00 $141 ,300.00 MARKET VALUES Deephaven 5,621,056 7.60 2,242.00 8,496.80 10,738.80 322,174,700 Excelsior 2,269,411 3.10 914.50 3,465.80 4,380.30 101,495,300 Greenwood 1,253,824 1.70 501.50 1,900.60 2,402.10 68,274,200 Minnetonka 63,643,917 20.00 5,900.00 22,360.00 28,260.00 3,079,151,600 Minnetonka Beach 1,403,126 1.90 560.50 2,124.20 2,684.70 75,731,700 Minnetrista 5,167,496 7.00 2,065.00 7,826.00 9,891.00 296,765,400 Mound 6,319,795 8.60 2,537.00 9,614.80 12,151.80 358,844,500 Orono 12,911,568 17.50 5,162.50 19,565.00 24,727.50 704,073,200 Shorewood 8,148,378 11.10 3,274.50 12,409.80 15,684.30 464,810,500 Spring Park 1,452,506 2.00 590.00 2,236.00 2,826.00 56,047,900 T onka Bay 2,477,236 3.40 1,003.00 3,801.20 4,804.20 136,888,300 Victoria 2,828,880 3.80 1 ,1 21 .00 4,248.40 5,369.40 196,039,800 Wayzata 7,320,896 10.00 2,950.00 11,180.00 14,130.00 370,369,100 Woodland 1 ,694,561 2.30 678.50 2,571.40 3.249.90 89 ,461 ,400 TOTAL 122,512,650 100.00 29,500.00 111 ,800.00 141,300.00 6,320,127,600 Less Minnetonka (20%) 63.643.917 58,868,733 Calculating % of Net Tax Capacity = City Net Tax Capacity divided by 58,868,733 X .80 . . Snowmobile Task Force Meeting Notes Monday, October 16, 1995 6:30 to 8:15 p.m. Present: Stottler, Arnst, Schaff, Kolstad, Martin, Hurm, Young Puzak and Alternates Turgeon and Colopoulos Absent: The meeting began at 6:30 p.m. 1. Notes from October 2, 1995 Meeting There were no additions or corrections to the notes. . 2. Rules of Task Force Deliberations The rules of deliberations as listed under Item I from the October 2 notes were reviewed and deemed reasonable. They are: . Keep deliberations crisp and on-task, that we do not get off onto hearsay or actual historical accounts of events unless specific time is set aside for that purpose. . Do not allow philosophical debate unless time is set aside for that purpose. . Keep discussions professional and not inflammatory. . . Members of the group should report to no one until the report is completed. J. Hurm indicated that although he has been running the initial Task Force meetings, it is quite unusual for a non-voting member, specifically the City Administrator, to be chairing such a group. He had talked to Park Commission representative Roxanne Martin and Planning Commission representative Virginia Kolstad about their co-chairing the Task Force. They are voting members, who although they represent bodies who have taken different views on the subject, are generally neutral. They would take turns chairing the meetings. There was a consensus among Task Force members that this is a good idea and would begin at the next meeting. 3. Define Study Process and Identify a Group Goal Ingrid stated that she feels that she is not prepared to come up with solutions but rather we should be collecting data. There may not be clear solutions, but rather there may be methods to reduce problems. Ingrid indicated she wanted to be an advocate for the citizens of Shorewood. It is important to identify what the problems are, to specifically define the safety problems. JF 10 r: Snowmobile Task Force Meeting Notes October 16, 1995 4. Develop Data Collection Plans There was a consensus that the members of the Task Force would not go out on their own to collect data unless the group as a whole agreed. Ingrid had indicated that she had acquired information from various cities. She also talked with various employees of the Department of Natural Resources to acquire information on the snowmobile clubs, the number of snowmobilers, and the grant and aid program. She has also contacted the Railroad Authority. Dana George has contacted the various cities to get their policies on snowmobiling. Ingrid indicated that the City Attorney should look at Minnesota Statute 85.018 on mixing uses on the trails. She was advised of the Statute by someone from the DNR. She also suggested that we get a copy of the County report on trail use as a result of their study this summer. The group felt that it is important that we quantify the problems. There was discussion on whether or not a survey should be undertaken of Shorewood residents. J. Hurm suggested that he could contact Judy Marshik from Research Quick who has done work for the City on a number of surveys in the past and invite her to attend one of the next meetings to help us determine the information we want to acquire and design a survey instrument to ask the appropriate questions. There was a consensus that this should be done. There was some discussion on the types of questions that should be asked. Should we ask simple questions such as, "Should snowmobiles be allowed on the trails, allowed in the wetlands, or allowed in Shorewood at all?" Should the possible responses be "simply agree or disagree" or should there be a larger range of options. There was discussion on whether or not we should ask the question just on snowmobiling, or if we should include other activities such as biking and all-terrain vehicles. The utility of these questions would be to determine the acceptability of snowmobiling versus other activities. For example, it might be important to know proportionately how many residents feel that bicycles or all-terrain vehicles should be not allowed on the trails besides snowmobiles to keep the responses in perspective. The various problems were discussed to determine what might be appropriate ways of acquiring information in each area: . · Property Damage - Information could be gained here through the survey. We could ask, "Have you experienced any property damage, and how serious was it? We could also acquire information through a snowmobile phone line. Although residents should be educated to call the police first for historical data and then call the phone line at City Hall. They should know that the damage will be verified. 1. Hurm will check on the cost of such a phone line. When the phone line is ready to be set up a news release should be done to go out to the Sailor, the Weekly and an article for our City newsletter. . · Curfew Violations - There was some discussion on the Police Department coordinating observation of the trail and the general rights-of-way for curfew violations. This could be done through the Shorewood Police Officer on a very sporadic basis or an off-duty officer or non-sworn part-time individual. Task Force members could also function in this area under the supervision of the Police Department. . . Snowmobile Task Force Meeting Notes October 16, 1995 · Safety Questions - The Task Force members should take a tour of the trail to discuss points of safety concerns. The tour should be extended beyond the trail to the regular streets of the City. · Noise - It was pointed out by John Arnst that the Water Patrol had a decibel noise meter. Perhaps we could find appropriate opportunities to use this device. · Speed - It was commented that perhaps the Police Department could coordinate the use of radar on very sporadic basis to collect data on snowmobile speed, perhaps an hour every day or every other day. 5. Discuss TimeUnes and Establish Meeting Dates The Task Force established a time for the tour of the trail and other areas of safety concerns for 8:00 a.m., Friday, November 3. The Task Force will meet at City Hall at that time and begin the tour thereafter. The next two meeting dates and times have been established as follows: Tuesday, November 7 from 5:30 to 7:00 p.m. Monday, November 20 from 6:00 to 7:15 p.m. J. Hurm will contact Judy Marshik of Research Quick to determine which of these dates should be would able to attend. 6. Adjourn The meeting was adjourned at 8:15 p.m. Respectfully Submitted: James C. Hurm, City Administrator/Clerk Snowmobile Task Force iY'Ieeting Notes Monday, October 2, 1995 0:00 to 1:30 p.m. Present: George, StottIer, Arnst. Schaff, Kolsrad. Martin. Hurm, Young and Puzak. George Stmeler and Schaff were called away during a portion of the meeting. Absent: Alternates: Turgeon and Colopoulos The meeting began at 6:05 p.rn. 1. Discussion on Rules of Task Force Deliberations J. Hurm said that he feels that it is important co keep deliberations crisp and on-task so that we: · Do not get off onto hearsay or actual historical accounts of events unless specific time is set aside for that purpose. . · Do not get into philosophical debate unless time is set aside for that purpose. · Keep discussions professional and not irItlammatorf. · Report to no one (accept status reporcs to the City Council) until the study is completed. V. Kolstad stated is it important to verify what the problems are and what the scope of the problems are. We should be spending time on solutions. We should also look at what are the pros of snowmobiling in the City. D. Puzak said that we should have an overall goal that the process is fair. He hopes that . we can come up with some things that we can agree on. He wants to do a good job to put out a good product. He said that the process should include dara collection, data discrimination and be as specific as possible in proposing any change. It was noted that the Task Force should perhaps request some guest speakers on the subject. ,., Identification of Issues to be Addressed v. Kolstad raised the questions: Why are we addressing this issue? What are the problems? Wbat would it take to make snowmobiling compatible, is there a balance? There was J consensus that there are tive major problem areas: 1. .., Noise Speed Curfew Violations ., oJ. Snowmobile Task Force Meeting Notes October Z, 1995 -+. Safety ti.~. incimidation. yielding the right-of-way, the pond near Manicou P:u-k) 5 . Property Damage E~ch of chese problem are~ should be reviewed as a they retace to: A. Re2ional Trail B . Wedands C. Public Righes-of-way D. Private Property J. Hurm will communicate with the City Council to ask if mere is anything that the Council specific~y wanes the Task Force co look: intO that is not specifically addressed ~n the authorizing resolution. . 3. Development of a Data Collection Plan~ List Options~ Identify Methods to Research Further 1. Schaff requested the scarf co identify viable access poines co lake y{innewnka. It was noted that Inver Grove Heights closed their cirv co snowmobiles. The Task Force should - , determine why. . J. Hurm suggested that perhaps it would be helpful for:l ciass projecc at J college or university co undertake a historical srudy on snowmobiling in the meLrO area. Is chere a typical poinc in ti1e life of the city (i.e. a certain density) chac urban pressures result in strict regulation in banning snowmobiles within a municipality? . 1. Schaff suggested that residenes along me crail could be given a diary and asked co keep times and dates of incidenes of ~xcessive speed. curfew violations, and property damage. She further suggested chat a ce!ephone line could be established at City Hall for people co phone in violations. Tills then could be monitored by members of che Task Force. There was some discussion on surveys. One question might be. What impact has snowmobiJ.ing in Shorewood had on your lifestyle? It is important that any survey be designed very carefully with professional assis~ce. R. Young seated thac Bill Chandler is the head of me Sheriffs Water Patrol. Their authority is on the water. V olunceers must be deputized to cake any action. He further checked inco the Deuaru.-nenc of Natural Resources but had aot vet h.eard back from them. o . There was some discussion on the use of a radar unit. 1. Schaff, rhrough an acquaintance who is very familiar with radar units. will continue to research. the possible ways of using radar. +. Establish Future Meeting Dates Toe Task Force determined chac the next meetimz wiIl be Mondav, Oc::ober l6 from 6:30 (0 8:00 p.m. ac City Half -' Snowmobile Task Force Meeting Notes October 2. 1995 Although as an item #4B the group had intended to better define the study process and identify a group goal, no further discussion was held. The meeting was adjourned at 7 :30 p.m. Resoectfullv Submitted: James C. Hurm, City Administrator/Clerk NOTE: We certainly appreciace anyone who wants to review che City Hail snowmobile . files. City Staff has reviewed che tiles for che Task Force and has a very brief summary attached to these notes. Those files will be available at che next meeting, and are certainly available if anyone wants to review them in more detail at City Hall. . Snowmobile Task Force lVleeting Notes Monday, September 25, 1995 6:QO to 7:15 p.m. Present: George. Arnst. Schaff. Kolstad. Martin. Hurm. Young and Puzak Absent: Stottler. Alternates: Turgeon and Colopoulos The meeting began at 6:05 p.m. with introductions. The goal and objectives of the Task Force as set in Resolution 95-53 were reviewed. The three major areas of Task Force inquiry are snowmobile use in the regional trail. their use on City right-of-way, and how good. useful data can be acquired to make informed recommendations. Hopefully recommendations can be made in some areas where consensus can not be reached. Good data plus a majority and minority report can be presented to Council. . The next meetings were set for 6:00 p.m. for Mondav October 2 and 16 at City Hall. J. Hurm will send a copy of the current snowmobile ordinance and copies of previous ordinances relating co snowmobiles. Tnere was discussion about methods of attaining good information: use of radar units, Hennepin County Parks. Water Patro!, and Shorewood Police Officers. These ideas will be considered further. Hurm was asked to research what liability the City and private property owners may have in relation to snowmobile accidents. Schaff will be concactimz ocher cities to learn how snowmobile treatment has evolved. Records of previous studies and reportS on snowmobiling area available for review at City Hall. The meeting was adjourned at i: 15 p.m. Respectfullv Submitted: . James C. Hurm. City Administrator/Clerk CITY OF SHOREWOOO RESOLUTION NO. 95 -53 A RESOLutiON ESTABLISHING A SNO~IOBILE TASK FORCE WHEREAS, the Shorewood Comprehensive Plan makes the following recommendation: "Snowmobiles have been a continued source of controversy in recent years. despite increased effortS to enforce City codes regulating their use. Private property trespass and damage have been raised as issues relative co snowmobiling. More imporrandy the safety and compatibility of snowmobiles with pedestrian uses and motor vehicles make the use of snowmobiles questionabie an the crail system and stree~. respecti vely. Consideration should be given to prohibiting their use on public property within the community" and; vVHEREAS, snowmobile usage on the regional crail was a major point of discussion during the Comprehensive Plan Public heari.ng heid February 21, 1995; and WHEREAS, the Planning and Pm-k Commissions have made differing recommendations co the City Council regarding snowmobile usage in the City of Shore wood; and . WHEREAS, there are differing opinions on the number and seriousness of reporred violations of rules by snowmobilers; and WHEREAS7 the City Council wishes a comprehensive analysis of problems relating co snowmobile usage on the Regional Trail and on City right of way. NOW, THEREFORE,. BE IT RESOLVED by the City Council of the City of Shorewood that a Special Temporary Snowmobile Task Force is hereby created co oper::tte within the following parameters: PURPOSE: The Task Force is created to investigate reDOrtS of snowmobilers violating City code, make recommendations rezarding Steps co reduce snowmobile violations, draft and unolemem: an action Dlan to acquire accurate aaca an the number and seriousness of violations 'during the 1995/9"6 snowmooile season. analyze said data and pre"pare recommendations regarding the potential of banning snowmobilIDg in ail or part or che CitY, and as an alternative. a continuum of steps which could be caken co make snowmobiling a safer more acceptable means of winter recreation and cransporr in Shorewood. o BJE CTfVES: The Task Force shall address a full range of issues in their report to the Cicy Council regarding snowmobiling in Shorewood: · DefIne the issues and identify and determine the extem: or problems co be addressed. · ,'-\nalvze and reDorr on issues and problems regarding snowmobiling on the Regional TrairCicy righci-of-way, City streetS and private property. · Review oossible strare2ies co reduce incidentS of noncompliance with Cicv code and to acquire reliable daea on such incidentS including but not Whited co: additional or revised snow patrol :lctivicv; use or" radar or videomoe: additional signage. educational programs. ohvsical Darners. and additional oarrol bv Hennepin CounCv W ilter Patrol and-Sheriff. and South Lake Police. ... . . Resolution No. 95-53 Page .2 of .2 TASK FORCE Y(AKE UP: The TJ::ik Force shail be made LIO or a member or the pranning Commission (with J.l1 alternare), a member or' rile Park 'Commission (with m ;llternare"t emd rour Shorewood residencs (wirh J. balance or' ooinions on snowmobiling). The Chief of the South Lake YUnnemnka Pubiic Safe::v Oe-oaronenr. J renresenrative- of me Shorewood Snow Parrot. and me Cry Administraror shUll be nonvotirig rnemoers. and orovtde srarf :mooort. The City Council shail appoint me members and desIgnate the chairperson oy separate resoluaon. EXPENDITURE OF FUNDS: . Exuendicure or funds [n me form of sraff suooort or eouioment shall be authorized m advance by che City Council. NormaL Ccy policies and procedures shail be followed. PROCEDURE: Y(eetings shall be called bv me C1air bv re(IUesting: me Cev Administrator co send a notice of the ~e md place of me mee~g and ~ agendi" co cbe ci.sk ~rc~ me~bers. Notice. will be postea. at regular locaaons ana m.ailea. co me press at [easi: /2 nours m advance at cl1e mee::mg. SUNSET: The mission of che Task Force shall be comole::ed and die Task Force shall ce:lSe ro exist r"o.Uo.wing cmal rep<?rr!.p the Cry Co~ncil i:incil;ldin!2: maj9r1cy J.nd miJ?criry op~ons). WIthin one 'fear or ttS ill'Si: meeang, Unless me Crc'! CounCIL bv resoluaon. eXDanas me mission or c.1e Task force and lCS crur:J.rion. The Grv Council 'Nill ca.l(:e Jooropnuce action on recommendations within 60 days or c.f1e final repore. . . ,illOPTED BY THE CITY CO(JNC1I. or c.f1e Gev of Shorewood chis L2th day of June, 19,95. . . I ~/...;-. ,~....:...;J_~:.,.;. ~,. , . , , ., , 'I . 'j, ,r '" I ; - -- -.'~ ..-- ' lot -..-- Roben: B. Bean. Mayor ATTEST: {L.',""I.l< L 1ft v'VW1 J am~ C. Hurm. Ci.cY Administrator f MINUTES SOUTH LAKE ~INNETONKA PUBLIC SAFETY DEPARTYlENT Minutes of a regular meeting of the Coordinating Committee of the South Lake Minnetonka Public Safety Department held at the South Lake Min- netonka Public Safety Department building, 810 Excelsior Boulevard, Ex- celsior, on October 11, 1995 at 5:15 p.m. The meeting was called to order at 5:18 by Chairman Anderson. Other members present were Albrecht, Bean and Haug. Chief Young, Excelsior City Manager Carl Zieman, Shorewood City Administrator James Hurm, Tonka Bay City Administrator Pat Wussow, Excelsior representative Lloyd Brat- land, and Adm. Clerk Marietta Korpi were also present. CONSENT AGENDA - It was moved by Albrecht, seconded by Bean, to approve the Consent Agenda. Motion carried unanimously. ADDENDUM TO OCTOBER VERIFIEDS - It was moved by Albrecht, seconded by Bean, to approve the addendum to the October verifieds. Motion carried unanimously. JOINT POWERS AGREEMENT - There was nothing new to report on this item. .Chairman Anderson said to continue to keep this item open and put it on the agenda next time. LEAVE OF ABSENCE - Chief Young stated that he prepared a proposed leave of absence policy from the sample Bean had brought to the last meeting, and that it is only a first draft. Haug stated that he was opposed to an employee taking another job and then coming back in a few months and wanting his old job back. Bean said this proposal would address emergency situations, health, family, military leave, etc. After further discussion it was moved by Albrecht, seconded by Haug, to table the matter. It was agreed to put it on the agenda after the union negotiations have been completed. Motion carried unanimously. 1996 BUDGET - Chief Young stated that at the last meeting, the purchase of vests was discussed but no decision had been made. He requested that he be able to purchase vests for all the officers at a cost of approxi- ematelY $4800 and that he apply for a reimbursement from the State for half that amount. He originally had this in the budget for 1996 but the state is offering the rebate now so would like to purchase them in ,the 1995 budget so we can take advantage of the rebate. It was moved by Bean, seconded to Haug, to approve a $2400 expenditure for vests for the officers. After discussion, it was agreed to approve an expenditure of $4800. This was agreed to by Bean and Haug and the motion carried unanimously. QUARTERLY BUDGET REPORT - Haug questioned various items on the budget sum- mary repor-t. CHARGES FOR SERVICE/MULTIPLE CALLS - Chief Young had sent the committee information from attorney Bill Everett and a copy of the St. Paul ordinance regarding this matter. There was general discussion about the merit of such an ordinance and the various types of calls that would be covered by it. The Chief stated that if anything were to be done with this matter, it would have to be an ordinance passed by the individual cities, and hope- fully they would all be the same. Chairman Anderson asked that it be put on the agenda for the January meeting. Minutes of Coordinating Committee meeting of October 11, 1995 Page 2 .^ SHOREWOOD POLICE OFFICER - Haug asked about the article in one of the local newspapers that stated the COPS FAST officer was Shorewood's first Dolice officer. The Chief stated that that article was done by the ne~spaper and we had nothing to do with it and realized that Shore- wood had had many police officers before the merger. APPOINT AUDITOR - Chief Young stated that Stuart Bonniwell, who has done the audit for the department for the last few years, would increase the cost of the audit by $100. It was moved by Albrecht, seconded by Haug, to appoint Stuart Bonniwell as auditor for the 1995 audit. Motion carried unanimously. FORFEITURE - Albrecht brought up the subject of forfeiture of vehicles in relation to criminal matters, and he would like to see a policy adopted on how to handle them. He said that if the city prosecutes a matter, would the city or SLMPSD get the vehicle? Or should SLMPSD prosecute and then get the vehicle? He said that Greenwood does not want to be in tne vehicle business and that prosecution is expensive. When there is a for- feiture there are two prosecutions necessary - one for the criminal part. and one for the vehicle. The Chief said that the DWI laws have changed and vehicles can now be for- feited much easier. In most cases, the County Attorney handles the pro- secution and there is no expense to us. But now with the DWI changes, the cities would prosecute and a decision has to be made whether or not it will be cost effective. Bean said he would like to see the vehicles taken from repeat offenders, but you do have to decide if it would be worth while. The Chief said that attorney Potts did not include this in his bid for doing prosecutions, so puts a whole new light on things. There was dis- cussion as to who would do this - the department attorney or the pros- ecuting attorney for the cities. Albrecht said that usually, if a person has multiple DWIs, he's not driving an expensive car so maybe it's not worth while to go through the forfeiture proceedings. Chief Young felt that if the department gets the vehicle, the department should pay for the prosecution of the forfeiture. . The Chief stated that Ken Potts cities to 'discuss this matter. convenient as it can be for the matter be put on the agenda for was going to be having a meeting with the Bean would like the matter to be as in- person arrested. Albrecht suggested the the next meeting - January 17, 1996. CLOSED EXECUTIVE SESSrON - Chief Young stated that before the meeting closed he had to read the following: The Coordinating Committee will hold a closed session in the con- ference room of the South Lake Minnetonka Public Safety Department immediately following the regular meeting. The topics of dis- cussion will be pending litigation and labor negotiations. The authorities for the closed meeting are Minnesota Statutes 471.705 Subd. Ie and 471.705 Subd. la. ADJOURNMENT - It was moved by Albrecht, seconded by Haug, to adjourn the regular meeting. Motion carried unanimously. Meeting adjourned at 6:07 p.m. MINUTES South Lake Minnetonka Public Safety Department EXECUTIVE SESSION LABOR NEGOTIATIONS The closed executive session began at 6:07 p.m. The closed session and its purpose were announced in the regular meeting which concluded earlier in the evening. It was also on the agenda published for the regular meeting. A tape recorder was present for the purpose of recording the meeting. Present for -the closed session were Mayor Anderson (Chairman), Mayor Albrecht, Mayor Haug, Mayor Bean, City Manager Zieman, City Administrator Wussow, City Administrator Hurm and Chief Young. The meeting consisted of the negotiating team reviewing the status of negotiations and the various demands and positions of each side. No formal actipn was taken. . 'Chief Young then informed the Coordinating Committee of the status of a pending threatened law suit. No formal action was taken. The comniittee also discussed the labor negotiations with Chief Young. No formal action was taken. The closed session adjourned at approximately 7:00 p.m. Note - The tape recording will be incomplete because the tape ran out during discussion of labor negotiations with Chief Young. Chief Young was not present to place in a new tape. Immediately after the session ended Chief Young removed the tape and gave it to Ci ty Administrator James C. Hurm of the negotiating team for safekeeping until negotiations are completed as per state law. . 1f .. ," . CKNO 17027 17028 17029 17030 17031 17032 17033 17034 17035 17036 17037 17038 17039 17040 17041 17042 17043 17044 17045 17046 17047 17048 17049 17050 17051 17052 17053 17054 17055 17056 17057 17058 17059 17060 17061 17062 17063 17064 17065 17066 17067 . CHECK APPROVAL LISTING FOR OCTOBER 23, 1995 COUNCIL MEETING CHECKS ISSUED SINCE OCTOBER ii, 1995 TO WHOM ISSUED Pl.JRFOSE BROWNING FERRIS IND. OCT RECYClING CITY OF MINNETONKA WATER PURCHASE NORTHERN STATES POWER UTIlITIES SUPERAMER~ FUEl US WEST COMMUNICATION BElLBOY CORP. UQUOR BElLBOY BAR SUPPLY MISClSUPPUES BOYD HOUSER CANDY/TOBACCC MISC MIDWEST COCA-COLA MISC Al'S MASTER PLUMBING CLEAN & REPAIR DRAIN DAY DISTRIBUTING BEERtMISC GRIGGS, COOPER & COMPANY lIQUORIWINE JOHNSON BROS LIQUOR CO. lIQUORIWINE LAKE REGION VENDING MISC LEEF BROS. MATS lINDERHOLM TRUCKING FR8GHT MARK VII BEERtMISC NORTH STAR ICE MISC PHilliPS WINE & SPIRITS lIQUORIWINE QUALITY WINE & SPIRITS lIQUORIWINE THORPE DISTRIBUTING BEERtMISC THE WINE COMPANY WINE FIRST STATE BANK FED/FICA TAX PERA. ~ ICMA RETIREMENT TRUST 457 DEFERREDCOMP CITY COUNTY CREDIT UNION PAYROll DEDUCTIONS MN DEPARTMENT OF REVENUE SEPTEMBER SALES TAX MN DEPARTMENT OF REVENUE STATE TAX WITHHELD AT&T lONG DISTANCE EXPERT ASPHALT FINAL PYMT-PROJECT 94-9 KATHLEEN HEBERT SEC 125 REIMB PATRICIA HELGESEN SEC 125 REIMB/MllEAGE METRO COUNCil WASTEWATER SEPTEMBER SAC BRADLEY NIELSEN SEC 125 REIMB JOSEPH PAZANDAK MILEAGE PEPSI COLA COMPANY POP MACHINE RENTAlJMlSC SENSIBLE LAND USE COALITION SEMINAR-NIElSEN UNIVERSAL TITlE REFUND OVERPAY S/A US WEST COMMUNICATIONS BELLBOY CORPORATION UQUOR BEllBOY BAR SUPPLY MISClSUPPlIES Page 1 AMOUNT $27.00 133.75 2,112.37 664.47 160.91 2,451.18 106.25 651.32 609.33 64.00 3,402.65 6,067.05 6,191.83 204.24 25.17 162.40 7,509.40 415.16 1,724.84 1,481.06 14,555.25 182.70 7,333.21 2,316.77 864.98 797.00 12,113.00 1,255.64 5.49 150.00 192.31 185.18 6,732.00 100.00 85.56 120.43 50.00 101.28 48.93 3,994.39 117.35 . . CKNO 17068 17069 17070 17071 17072 17073 17074 17075 17076 17077 17078 17079 17080 17081 17082 CHECK APPROVAL LISTING FOR OCTOBER 23, 1995 COUNCil MEETING CHECKS ISSUED SINCE OCTOBER 11, 1995 TO WHOM ISSUED PURR:6E BOYD HOUSER CANDY/TOBACCC MISC MIDWEST COCA-GOLA MISC DAY DISTRIBUTING BEERtMISC EAST SIDE BEVERAGE COMPANY BEERtMISC GRIGGS, COOPER & COMPANY lIQUOR/WINE/MISC HONEYWEll PROTECTION QTRl Y MONITORING (NOV-JAN) JOHNSON BROSlIQUOR CO. WINE LAKE REGION VENDING MISC UNDERHOLM TRUCKING FRBGHT NORTH STAR ICE MISC PAUSTIS AND SONS WINE PHIWPS WINE & SPIRITS lIQUORIWINE QUALITY WINE & SPIRITS WINE SW SUBURBAN PUBLISHING ADVERTISING WORLD CLASS WINES, INC WINE TOTAL CHECKS ISSUED Page 2 AMOUNT 758.56 134.84 4,535.75 8,600.15 3,398.86 100.00 100.17 170.20 1 01 .60 131.16 283.50 1,001.35 157.31 135.00 1 CITY OF SHORE WOOD CHECK APPROVAL LIST FOR OCT. ,1995 COUNCIL MTG CHECK~ VENDOR NAME DESCRIPTION DEPT. AMOUNT .---.-----------.----.-.------ -------- ----------- 17083 EARL F_ ANDERSEN, INC. NO i~Jr4PK I NG SIGNS 17084 BIFFS. INC. PORTABLE TOILET PENTAL 17085 BRYAN POCK PRODUCTS, INC. FPEEMAN PARK DF<~{i I H(.~GE F;~EP(4 I F~ *** TOTAL FOR BRYAN ROCK PRODUCTS, TRr:1F CON 83.66 PAF<.KS & 415.31 Pr4Rf<:.S & 1,820.37 68.37 1.,888.74 17086 BUSIHESS HEALTH SERVICES PRE-EMPLOYEMENT PHYSICAL PUB WKS 17087 C.H CARPENTER LUMBER PICNIC TABLES/FREEMAN PK 68..00 315.24 17088 CHAHHASSEN-CITY OF ANIMAL CONTROL (JUL-AUG) PROT INS 2,240,.20 .089 COOFWINr:HED BUSINESS S''y'ST COPIER SUPPLIES 17090 EF<.ICKSON,< F<.OLF E :~ ~~ ,. (:~SSE~SSO~~ F'EES ASSESSOR SUPPLIES TOTAL FOR ERICKSON, ROLF E.A. *** 17091 EXCELSIOR-CITY OF 4TH QTR FIRE PAYMEHT 3RD QTR WATEP PURCHASE *** TOTAL FOP EXCELSIOR-CITY OF 17092 FEED-PITE CONTROLS, INC. CONTAINER RENTAL 17093 SCANTRON-FPC Mr:-U NT AGREEMENT Mr:-1HH AG~~EEME,..n Mr:~ I f".!T (.~GREEr1ENT *** TOTAL FOR SCANTRON-FPC .(;94 GOPHEI-< ST:::-HE ONE-CALL, IN ONE CALL SERVICE ONE C(;~LL SERV I CE *** TOTAL FOR GOPHER STATE ONE-CAL 17095 HAHCE HARDWARE, IHC.. PARKING SIGNS PLlH18ING EQUIP *** TOTAL FOR HANCE HARDWARE, INC. GEN GO\,'T lLl.. 85 PF~OF PI-<OF ~) E: F< :S ~~ I:.l () .~~ ,. .16 SE~~ 60.70 3 ~, 7::29 :c t~6 FIRE PRO 29,267.50 WATER DE 2,374..88 3.1 ~ 642 " 38 IAlATEF<. DE 5.00 FINANCE 709.00 WATER DE 354..50 SEWER DE 354.50 1. ,. 418.. 00 WATER DE 25.38 SEWEP DE 25.37 50.75 T R(.:;F CON PARKS & ..-,/~'. 7-:( L.L,....:..I.....1 16.48 38.81 17096 HEr'J,I'.J,EPHJ. COUr.J.Pi' TF<~Er:~SUf-<ER TAX Df';TA FOR 'AlA PFW.JECT i/~ATER DE 203.00 17098 INSTY-PRINTS 17097 HEHNEPIN COUNTY TREASURER HOMESTEAD APPLICATIONS GEN GOVT 454.83 NEWSLETTER PRINTING 17099 LARKIN, HOFFMAN, DALY... r;~UGUST LEGAL (iUGUST L.EGr:-1L (iUGUST LEGr;~L {~UGUST LEGAL MWCC LEGAL - 1994 FOR LARKIN. HOFFMAN, [)(;~L *** TOT(iL 17100 M C I TELECOMMUNICATIONS LONG DISTANCE Pa!?;e 3 20.00 COUNCIL PFWF SER 3,746,.>;;,7 36.00 PFWF SEF<. 3.~:J8 ... .1:2 SEI!.JEF<' DE 579.. 0'::, 7,< 089.. }t:'j 11 ~, ~3()~1 ~ .4:::, f.;t tJ j"",! F::: 1_ r") (:~ ".:~ ,<1- -<!. r> CITY OF SHORE WOOD CHECK APPROVAL LIST FOR OCT.. 2.:5" 199~::, COUi',J,CIL MTG CHECK~ VENDOR NAME DESCRIPTION DEPT. AMOUNT .--.-....-..---.-. -..----.....-.--.--.-------..--.------ ----------.--.-,.---,.---.-.----'.-- --------- ---------..---- 17101 MEDTOX LABORATORIES DRUG TESTING 17102 r1ETI~O COUI'..J,CIL IAI(.~STE'Alf~TEP HOVEr'iBER TF?Et-ITr1ENT 17103 MIDLAND EQUIPMENT CO. PUB WKS 25.00 17104 MIDWEST ASPHALT CORP. DUMP BODY & HOIST INSTAL PROJECTS 11,128.18 SEWER DE 35,569.00 ASPHr:~L T 17105 MIDWEST BUSINESS PRODUCTS OFFICE SUPPLIES 17106 AT&T WIRELESS SEPVICES CELLULAR ACCESS CHARGE 6107 IAlI1. r1UELLER ,& ~108 MUNITECH, INC. SONS, INC. FILL SAND-MANOR PARK NOVEMBEP MAINTENANCE HOVEMBER MAINTEHANCE *** TOTAL FOR MUNITECH, INC. 17109 HAVARRE TRUE VALUE i:::UF;~Nr:~CE: F I L TEf~S r10P HEf~DS i3UHGIE: STF<~AP~) K.E~"'(S; BB NETS/WASH SPRAY *** TOTAL FOR NAVARRE TRUE VALUE 17110 ORR,SCHELEN,MAYERON/ASSOC AUGUST ENGINEERING AUGUST ENGINEERING *** TOTAL FOR ORR.SCHELEN,MAYERON/ e111 POMMEI-< COMPr:~N'y'" INC. 17112 POTTS. KENNETH N. ENGIHEER NAME PLATE SEPT PROSECUTIONS 17113 PRECISION COMPUTER SYSTEM ANNUAL LICENSE FEE (~Ni".J.l'/(:~l LICENSE FEE ANNUAL LICENSE FEE *** TOTAL FOR PRECISION COMPUTER S 17114 SAM'S CLUB ANNUAL FEE 17115 ST. PAUL STAMP WORKS, INC 1996 DOG TAGS 17116 SHOREWOOD TREE SERVICE STF,~EETS 3:J ()33 N .5')) GE(J, GOVT .122.. 38 11.2.1 f~42 ,~ 38 WATER DE 3,720.00 SEWEP OE 2,480.00 6,200.00 CITY G(;R :2~:) '4 43 PARKS & 11.06 CITY GAR 10.99 MUN BLOG 4.21 PARKS & 20..60 72.29 -------- 120..40 -------- 301.00 421..40 GEr"'J, GOVT 14.49 PFWF SER .1,458 .. 33 I::: r p.j{l r...J,CE II.J{~ TEF;~ DE SEI"IER DE 100..75 7~L49 14.63 1(~<4c)3 GEf-.j GOVT 10,.00 GEN (:IOVT 8:2 ,. 5tE~ BRUSH REMOVAL/TREE TRIM TREE MAl 4,222.00 17117 SPS COMPANIES. INC. 1,,'r:~TI::R HE(~TEF? I::) ~~ F~~ }<. ~:::; .& ;~42.. 4.3 17118 SO LK MTKA PUB SAFETY DEP NOV PAYMEHT/TRFC-MAY/JUN POLICE P 36,015.01 COURT OT (JULY-SEPT) POLICE P 441,.13 *** TOTAL FOR SO LK MTKA PUB SAFET 36.456.14 17119 TIME SAVER OFF SITE SEC MII...J,UTCS f/i I r",! ur E S Page 4 GE(j GOVT PI.. (jH(J T r',!;~, .7') J ~~{ "-'; ( CITY OF SHOREWOOD CHECK APPROVAL lIST FOR OCT. 23. 1995 COUNCIL MTG eHEeK~ VENDOF? NAME DESCRIPTIOH DEPT. AMOUNT ---.-'"'--"---. _.__._._.._._.._._._._----.~_._.._._--.-._.._.._- .--.-.-,.---.-----.-.-------.--.----- -------- ----------- *** TOTAL FOR TIME SAVER OFF SITE 17120 TaNKA AUTO AND BODY SUPP EQUIP CIP 17121 TaNKA BAY-CITY OF 3F?D QTR WATER PURCHASE 3F?D QTR WATER PURCHASE UTILITIES CF?ESCENT BEACH PHONE *** TOTAL FOR TONKA BAY-CITY OF 17122 TWIH CITY WATER CLINIC I,...)(:HEF? TESTING 17123 UHITOG RENTAL SERVICES UNIFOFms 364 . 2=, PRO.JECTS 8.12 WATER DE 746.83 SEWER DE 193.80 -------- 84.65 PARKS & 185.16 1,210.44 It.JATER DE 20.00 CITY GAF<~ 37.1..38 .1:24 It.JI LSONS NOF?THlt.JEST p.J,UF?SEF?Y L(..~f'mSCAPE S I L VEF,~ltJOOD F'I{ F'FKt.JECTS :*::i<::i< TOTAL CHECKS FOR APPROVAL :**:* TOTAL CHECK APPROVAL LIST . Page 5 2,000.00 158,505.93 263,7Q3.23 ~ :' C H E C K REGISTER CHECK CHECK EMPLOYEE ~AME CHECK CHECK :'fPE DATE ~UI16ER HUMBER AMOUl'H COl'! 10 17 95 110 CONIHE D. BASTYR 209895 361. 97 GOM 10 17 95 115 LANR EHeE A. BRONN 209886 1207.59 COM 10 17 95 120 ROBERT a. BEAN 209887 230.87 COl'! 10 17 95 125 8RUCE E. SENSON 209888 184. 70 COM 10 17 95 230 CHRISTOPHER M. CAREY 209889 358.06 COM 10 17 95 345 PATRICK C. CRETAN 209890 108.13 COM 10 17 95 375 JODI A. DALLMAN 209891 39.93 COM 10 17 95 500 CHARLES S. DAVIS 209892 781.06 COM 10 17 95 775 JAMES C. EAKINS 209893 654.63 COM 10 17 95 1001 JOHN II. FRUTH 209894 72.53 COM 10 17 95 1105 KERI ANNE GRAF 209895 27.70 COM 10 17 95 1160 STEPHANIE A. HABER 209896 97.43 COM 10 17 95 1190 KATHLEEN A. HEBERT 209897 609.75 COM 10 17 95 1400 PATRICIA R. HELGESEN 209898 642.73 COM 10 17 95 1415 SHAWN D. HEMPEL 209899 163. 12 .OM 10 17 95 1550 JAMES C. HURM 209900 1619.93 ;OM 10 17 '~5 1601 BRIAN O. JAKEL 209901 102.84 ~OM 10 17 95 i700 JEFFREY A. JENSEN 209902 763.90 ':OM 10 17 95 1800 DENNIS D. JOHNSON 209903 763.42 COM 10 17 95 1940 LOREN A. JONES 209904 [50.26 GaM 10 17 95 1950 MAR TIN L. JONES 209905 67.71 ':Oi1 iO 17 95 2100 WILLIAM F. JOSEPHSON 209906 632.19 COM 10 17 95 2500 SUSAN M. LATTERNER 209907 317.77 COl'! 10 17 95 2800 JOSEPH p. LUGOWS KI 209908 319. 56 COM 10 17 95 2875 DOUGLAS J. MALAM 209909 184.70 ':OM 10 17 95 2905 PAUL S. MARSO 209910 60.22 COM 10 17 95 2930 JENNIFER T. MCCARTY 209911 182.05 COM 10 17 95 2955 CHRISTOPHER M. MCNEAL 209912 117.74 COM 10 17 95 3000 THERESA L. HAAB 209913 687.94 COM 10 17 95 3100 LAWRENCE A. NICCUM 209914 921.22 COM 10 17 95 3400 BRADLEY J. NIELSEN 209915 836.52 .OM 10 17 95 3500 JOSEPH E. PAlANOAK 209916 1026.43 .OM 10 17 95 3600 DANIEL J. RANOALL 209917 858.62 COM 10 17 95 3615 TAMARA LYNN REED 209918 151. 48 COM 10 17 95 3701 BRIAN H. ROERICK 20991 9 78.00 COM 10 17 95 3800 ALAN J. ROLEK 209920 1113.81 COl'! 10 17 95 3900 CHRISTOPHER E. SCHMID 209921 550.78 COM 10 17 95 4190 DANA G. SHAW 209922 44.32 COM 10 17 95 4500 KRIST! STOVER 209923 184.70 COM 10 17 95 4575 REBECCA A. TARVIN 209924 347.68 COM 10 17 95 4600 8EVERLY J. VON FELDT 209925 605.96 COM 10 17 95 4750 RALPH A. WEHLE 209926 655.07 COM 10 17 95 4900 DEAN H. YOUNG 209927 656.84 COM 10 17 95 5000 DONALD E. lDRA 1I L 209928 1231. 35 UUTOTALS*U* 21323.21 Page 6