041095 CC Reg AgP
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CITY COUNCIL REGULAR MEETING
CITY OF SHOREWOOD
MONDAY, APRIL 10, 1995
5755 COUNTRY CLUB ROAD
COUNCIL CHAMBERS
7:00 P.M.
AGENDA
1 . CONVENE CITY COUNCIL MEETING
A. Roll Call
McCarty
Mayor Bean
Stover
Benson
Malam
B. Review Agenda
2 . APPROVAL OF MINUTES
City Council Regular and Work Session Minutes - March 27,
1995 (Att.-#2 Minutes)
3. CONSENT AGENDA - Motion to approve items on
Agenda &: Adopt Resolutions Therein:
Consent
A. A Motion to Adopt a Resolution Approving a Setback
Variance and a Variance to Expand a Nonconforming
Structure (Att.-#3A Proposed Resolution)
Applicant: Richard Kowalsky
Location: 5740 Christmas Lake Point
B. A Motion to Adopt a Resolution Approving a Conditional
Use Pfirmit for a Senior Community Center (Att.-#3B
Proposed Resolution)
Applicant: City of Shorewood
Location: 5745 Country Club Road
C. A Motion to Approve Agreement with Lake Restoration, Inc.
for 1995 Inspection of Eurasian Water Milfoil - Christmas
Lake (Att.-#3C Proposed Agreement)
D. A Motion to Adopt a Resolution Approving a Revised Final
Plat for Robert S.C. Peterson 2nd Addition (Att.-#3D
Proposed Resolution)
E. A Motion to Adopt a Resolution Amending the Appointment
Resolution to the Shorewood Park Foundation Board of
Directors (Att.-#3E Proposed Resolution)
4 . MATTERS FROM THE FLOOR (Presentations are limited to 3
minutes. No Council action will be taken.)
5 .
PARKS
Report from Representative Dzurak
Report on March 28 Park Commission Meeting
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CITY COUNCIL AGENDA - APRIL 10, 1995
Page 2
6 .
PLANNING
Report by Representative
A. A Motion to Direct Staff to Prepare Findings of Fact
Regarding a Preliminary Plat - Birchbluff Lakeview
Addition - and Setback Variance (Att.-#6A1 Planner's
Memorandum; #6A2 Engineer's Report)
Applicant: Brian Fredrickson
Location: 26115 Birch Bluff Road
B. A Motion to Direct Staff to Prepare a Findings of Fact
Regarding a C.U.P./P.U.D. for Shared Driveway Accesses
and Hardcover Ratios (Att.-#6B Planner's Memorandum)
Applicant: Corky Elsen
Location: 5290 & 5300 Howards Point Road
C. A Motion Approving a Summary of Ordinance 298 - Flood
Plain Regulations (Att.-#6C Proposed Summary)
D. Consideration of a Motion Adopting a Resolution
Authorizing Expansion of the Engineer's Report for
Watermain Extension from Smithtown Road to Eureka Road
and North Along Manitou Road (Att.-#6D1 Engineer's
Memorandum; #6D2 Proposed Resolution)
E. A Motion Regarding an Appeal to a Notice to Remove (Att.-
#6E1 Planner's Memorandum; #6E2 Appellant's Letter)
Appellant: Daniel Luke
Location: 25040 Smithtown Road
F. A Motion Regarding an Appeal to a Notice to Remove (Att.-
#6F1 Planner's Memorandum; #6F2 Appellant's Letter)
Appellant: Keelo Ohland
Location: 25070 Smithtown Road
7 . CONSIDERATION OF ADOPTION OF A RESOLUTION SETTING
PARAMETERS FOR A WATER SYSTEM SPECIAL ASSESSMENT
POLICY PROJECT (Att.-#7 Proposed Resolution)
8. CONSIDERATION OF ADOPTION OF A RESOLUTION MAKING
APPOINTMENTS TO THE WATERMAIN ASSESSMENT ADVISORY
GROUP (Att.-#8 Proposed Resolution)
9 . REPORT ON FUNDING FOR SOUTHSHORE SENIOR CENTER
OPERATIONS THROUGH COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM AND CONSIDERATION OF A RELATED PROPOSED
RESOLUTION (Att.-#9 Proposed Resolution)
10. DISCUSSION OF POLICY ISSUES
11. LMCD
Report by Representative Bob Rascop
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CiTY COUNCiL AGENDA - APRiL 10, 1995
Page 3
12. ADMiNiSTRATOR &: STAFF REPORTS
A. Attorney's Report on Proposed Agreements for Southshore
Senior Community Center Project (Att.-#12A Proposed
Agreements)
B. Engineer's Report on Local Drainage Maintenance Projects
(Att.-#12B Engineer's Memorandum)
C. Engineer's Report on Minnetonka Drive Storm Sewer
Feasibility Study
D. Engineer'S Report on 1995 Manhole Sealing Project (Att.-
#12D Engineer's Memorandum)
E. Report on Position Taken Regarding Senate File #1570
(Att.-#12E Memorandum Dated 4/4/95)
F. Report on COPS FAST Officer (Att..-#12F Police Chief's
Memorandum)
13. MAYOR &: CiTY COUNCiL REPORTS
14. ADJOURN SUBJECT TO APPROVAL OF CLAiMS ( At t . - # 14 )
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CITY OF
SHOREWOOD
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MAYOR
Robert Bean
COUNCIL
Kristi Stover
Bruce Benson
Jennifer McCarty
Doug Malam
5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 · (612) 474-3236
EXECUTIVE SUMMARY
SHOREWOOD CITY COUNCIL MEETING
MONDAY, APRIL 10, 1995
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resolution was approved at the last
Kowalskys to expand their
build a detached garage at 5740
Approval requires a four-fifths vote.
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Aaenda Item #3A: This
meeting and allows the
nonconforming home and
Christmas Lake Point.
Aaenda Item #3B: This resolution approves a conditional use
permit for the City to build a senior community center in the
northeast corner of Badger Park. Approval requires a four-
fifths vote.
Aaenda Item #3C: Annually the City has budgeted $1,500 for
the cost of Eurasian Water Milfoil inspection in Christmas
Lake. This agreement will approve up to two inspections at
$767 per inspection.
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Aaenda Item #3D: Mr. Peterson requests approval of a
revision to the final plat for Robert S.C. Peterson 2nd
Addition, which was approved, but not recorded, in November
of 1994. The revision simply incorporates the common
driveway shared by the two lots into Lot 1. The Planning
Director recommends approval.
Aaenda Item #3E: This resolution clarifies that Jennifer
McCarty is the non-voting City Council Liaison to the
Shorewood Park Foundation.
Aaenda Item #6A: Brian Fredrickson proposes to subdivide his
property at 26115 Birch Bluff Road into two lots. Since the
existing house will be less than 35 feet from the right-of-
way of Third Street (an undeveloped r.o.w.) a setback
variance is necessary. The Planning Commission recommends
approval of the preliminary plat subject to recommendations
contained in the Planner's and Engineer's reports. Approval
requires a four-fifths vote.
A Residential Community on Lake Minnetonka's South Shore
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City
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Council
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Agenda April
10,
1995
Aaenda Item #6B: Mr. Corky Elsen constructed additional
driveway and hardcover surfaces on his property at 5290
Howard's Point, contrary to his approved building permit and
in violation of Shorewood zoning requirements. Despite
having signed an escrow agreement ensuring that the
violations would be corrected, Mr. Elsen requests approval to
leave the driveway as built. Since the situation does not
warrant a variance, the Planning Director suggested a minor
P.U.D. as one means to resolve the problem. The Planning
Commission voted unanimously to deny the concept and
recommends that the violation be corrected.
Aaenda Item #6C: This summary of the Flood Plain Management
Regulations will be published, rather than the entire
amendment. Approval requires a simple majori~y.
Aaenda Item #6D: The Planning Commission is recommending that
the City get more information on potential watermain
extensions on Smithtown Road east to Eureka Road and Manitou
Road north. A resolution expanding the previously authorized
Engineer's feasibility report is enclosed.
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Aaenda Item #6E: Daniel Luke requests additional time to
comply with a Notice to Remove which was sent out in
February. Since the appellant has made good progress toward
compliance, the Planning Director recommends that he be given
until 27 April to correct all violations.
Aaenda Item #6F: Keelo Ohland requests additional time to
comply with a Notice to Remove which was sent out in March.
Although some of the items on the notice may be allowed to
remain as part of a legal nonconforming business he operates
on the property, violations of Chapter 501 must be corrected.
The Planning Director recommends that all items be corrected
by 8 May, after road restriction have been lifted.
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Aaenda Item #7: Enclosed is a redraft of the resolution
prepared for the last meeting establishing an Advisory Group
to work with the City Council in preparing a watermain
special assessment ordinance.
Aaenda Item #8: This resolution makes appointments to the
Watermain Special Assessment Advisory Group.
Aaenda Item #9: Senior Community Services has submitted a
resolution for Council consideration which encourages our
congressional representation to work toward eliminating the
cap on Community Development Block Grant funds which can be
allocated to Social Services such as the Southshore Senior
Center. Enclosed in your packet is a copy of a resolution
which is proposed to be considered for the April 24 meeting
reallocating CDBG funds.
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City
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Council
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Agenda April
10,
1995
Aoenda Item #12A: The City Attorney has prepared draft
agreements among the cities defining the relationships and
responsibilities associated with building and running the
proposed Senior Community Center.
Aoenda Item #12B: Enclosed you will find a proposed list of
local drainage maintenance projects. The City Engineer has
also included the criteria used in the past.
Aoenda Item #12C: The City Engineer has prepared a report on
the feasibility study for the Minnetonka Drive Storm Sewer
project.
Aoenda Item #12D: Included in the packet is the Engineer's
recommendation for a manhole sealing project to address
inflow and infiltration.
~ Aoenda Item #12D: We should verbally report on the position
we have taken regarding the Minnesota Senate Tax Committee
Bill which would significantly affect our municipal finances
and services.
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CITY OF SHOREWOOD
REGULAR CITY COUNCIL MEETING
MONDAY, MARCH 27, 1995
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
7:00 P.M.
MINUTES
1. CONVENE CITY COUNCIL MEETING
Mayor Bean called the meeting to order at 7:04 p.m.
A.
Roll Call
Present:
Mayor Bean; Councilmembers Benson, Malam, McCarty, and Stover;
Administrator Hurm, City Engineer Dresel, City Attorney Keane, and Planning
Director Nielsen.
B.
Review Agenda
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Benson moved, Malam seconded to approve the agenda for March 27, 1995.
Motion passed 5/0.
2. APPROVAL OF MINUTES
City Council Regular and Work Session Minutes - March 13, 1995
Benson moved, McCarty seconded to approve the City Council Regular Meeting
and Work Session Minutes of March 13, 1995. Motion passed 4/0. Stover
abstained.
3. CONSENT AGENDA
Mayor Bean read the Consent Agenda for March 27,1995.
McCarty moved, Stover seconded to approve the Motions on the Consent Agenda
and to adopt the Resolutions therein:
.
A.
RESOLUTION NO. 95-20, "A Resolution Approving a License for a Tree
Trimmer." Woodsman Tree Service, Wayzata, MN.
B. Motion to Approve Purchase of Walk Behind Mower from Wayzata Lawn
Mower Co. for $2,360.00, Flail Mower from Long Lake Tractor &
Equipment for $9,264.00, and Toro Groundsmaster from M. T.1.
Distributing for $14,264.00; and to Authorize Sale of the old
Groundsmaster Unit to Minnetrista Lions Club for $3,500.00 plus Sales
Tax.
C. Motion to Approve the Permanent Appointment of Kathleen Hebert, Senior
Accountant.
D. RESOLUTION NO. 95-21, "A Resolution Granting a Conditional Use
Permit to Build on a Substandard Lot to John Hannigan." 4370 Enchanted
Point.
Motion passed 5/0.
4. MATTERS FROM THE FLOOR - None.
5. PLANNING - Report by Representative
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REGULAR CITY COUNCIL MINUTES
March 27, 1995 - PAGE 2
Commissioner Turgeon reviewed the actions taken and recommendations made at the
Commission's March 21, 1995 meeting. A joint session with the Park Commission at the meeting
resulted in agreement that the original site for the senior community center is preferred over the
alternative site (details in the minutes). As part of the action plan to implement the updated
Comprehensive Plan, it is suggested that a task force be established (composed of Park and
Planning Commissioners, Councilmembers, snowmobile association members, and residents) to
determine whether sound data is available to evaluate residents' concerns about after-hours
snowmobile operations and excessive speed and to establish procedures to eliminate the problems.
A. Motion to Direct Staff to Prepare Findings of Fact for a Setback Variance. Applicant: John
Grable. Location: 4720 Bayswater Road.
Nielsen stated this request was tabled pending research of alleged zoning violations in the
Amesbury West P.U.D. He explained that preliminary review by the staff does not support the
allegations, however, a final report has not been completed. Therefore, it is requested the matter
be continued to the April 24 Council meeting.
Mr. John Grable noted the original request was made on January 9. He stated that much of the
research had been done and documentation supported the fact that additions like his request already
exist in the development. He inquired whether he would have the opportunity to appear before the .
Planning Commission again.
Nielsen acknowledged that the applicant provided examples with his application. However, some
of the information is incomplete and incorrect and a review of all the property files has not been
completed. The applicant will be invited to the Commission's April 18 meeting and the staff report
will be sent to him.
Malam moved, McCarty seconded to continue to April 24, 1995 consideration 0 f
the setback variance request of John Grable, 4720 Bayswater Road. Motion
passed 5/0.
B. Motion Approving the Site Plan for the First State Bank of Excelsior. Applicant: TSPIEOS
Architects and First State Bank of Excelsior. Location: 19765 State Hwy.7.
Nielsen stated the plans submitted by TSPIEOS Architects, representing the First State Bank of
Excelsior, for a new bank facility to be located at 19765 State Highway 7 in the Waterford
commercial development, are in compliance with zoning requirements and the Waterford P. U. D. .
Development Agreement. A landscape plan that meets or exceeds that requested has been
submitted. A sign plan that meets ordinance and the P.U.D. requirements has been submitted.
Approval of the site plan and a sign permit is recommended. The staff report is detailed in
Nielsen's 02-28-95 memorandum and attachments. The sign permit request is detailed in the
Project Architect's 02-28-95 letter.
Mr. Nick Reuhl, representing TSPIEOS, introduced Mr. Dave Peterka, Executive Vice President
of the Bank. Mr. Reuhl, using visual drawings, described the site plan, the building and its
location, parking, drive-through design, landscape, and signage plans.
During discussion, Reuhl and Nielsen responded to Councilmembers' questions.
Stover moved, McCarty seconded to approve the site plan and a sign permit for
the First State Bank of Excelsior, 19765 State Highway 7. Motion passed 5/0.
C. Motion to Direct Staff to Prepare Findings of Fact Regarding a Setback Variance and a
Variance to Expand a Nonconforming Structure. Applicant: Richard Kowalsky. Location:
5740 Christmas Lake Point.
Nielsen stated the applicant owns an existing home at 5740 Christmas Lake Point that is
substandard in terms of setbacks. The property is narrow and the configuration is such that the
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REGULAR CITY COUNCIL MINUTES
March 27, 1995 - PAGE 3
Christmas lake shore setback results in little buildable area. Kowalsky intends to add to the home
and to build a 2-car detached garage. The addition consists of levels to accommodate bedroom
space on the southern most portion of the east side of the house. The garage, built into the steep
slope extending along the east side of the property, will be as far away from the lake as possible.
Revisions to the original proposal now maintain an average setback of 30.5 feet. Because of the
height of the uppermost bedroom level, significant grading and landscaping.. is required to fully
screen the lowest level of the southern end of the house so only 3 levels of the home can be seen
from the lake.
The Planning Commission recommends approval of the revised plan with the condition that a
landscape and grading plan be completed to limit the view of the lowest level of the south end of
the house from the lake.
Mr. Kowalsky, the applicant, and Michaela Mahady, the architect, used a model of the property to
describe the proposed plans for the garage, additions, and landscaping. Kowalsky described each
level noting that the total height does not exceed that allowed by the ordinance. He accepted the
landscape and grading recommendations of the staff.
During discussion, the Councilmembers recognized the constraints of the property, commended
the creative design, and reiterated its commitment to preservation of natural aesthetic views from
the lake.
McCarty moved, Stover seconded to direct the staff to prepare findings of fact
regarding a setback variance and a variance to expand a nonconforming structure
requested by Richard Kowalsky, 5740 Christmas Lake Point, with the proviso
that an acceptable landscape and grading plan be submitted. Motion passed 5/0.
D. Motion to Direct Staff to Prepare Findings of Fact Regarding a C.U.P. for a Senior
Community Center. Applicant: City of Shorewood. Location: 5745 Country Club Rd.
Nielsen referred to the 03-05-95 staff report which reviews the plans submitted by TSP/EOS
Architects for construction of a 7400 square foot, single-story senior community center on
northeast corner of the City Ha1l/Badger Park site. Since that date, the Planning and Park
Commissions met jointly as previously reported to discuss alternative locations on the site.
Nielsen reviewed the staff report which concludes that the plans meet or exceed the side yard
setback, landscaping, and parking requirements.
With respect to the alternative site, a request for funds to conduct additional soil testing in that
location is before the Council. The consensus of the Park and Planning Commissions is that the
northeast corner remains the preferred location despite concern regarding overflow parking for
rental activities when the need for parking may exceed that required by the ordinance.
Convenience and distance between the center's parking and the City Hall lot was a specific
concern. The Commissions conceded that while the alternative location may be a superior site for
the center, the additional related costs precluded further consideration and expenditure of that
location. The Commissions unanimously recommend approval of the conditional use permit to
construct the senior community center in the northeast corner of the City Ha1l/Badger Field site.
During Council discussion, Mr. Rick Wessling, representing TSP/EOS, described and answered
questions with respect to the driveway/street to the center. The driveway will be 24 feet wide and
adequate access, turnaround, and clearance for emergency equipment is provided.
Stover moved, McCarty seconded to direct the staff to prepare a findings of fact
regarding a C.U.P. for construction of a Senior Community Center in the
northeast corner at 5745 Country Club Road. Motion passed 5/0.
REGULAR CITY COUNCIL MINUTES
March 27, 1995 - PAGE 4
Benson moved, Malam seconded to deny the request for funds to conduct
additional soil testing on the City Hall/Badger Park property since the senior
community center will be located on the original site. Motion passed 5/0.
Benson expressed appreciation to the Park and Planning Commissions for their time and insightful
consideration of this project.
Mr. Reuhl clarified that the alternate site suggestion originated with TSP/EOS during its conceptual
design work of the project. The basis for the recommendation was to provide information during
the decision-making process as to the best long-term location for the center on the entire property.
The Council expressed appreciation for the efforts of the architectural firm.
E. Motion to Direct Staff to Prepare a Findings of Fact Regarding a c.U.P.lP.U.D. for
Shared Driveway Accesses and Hardcover Ratios. Applicant: Corky Elsen. Location:
5290 & 5300 Howards Point Road.
Mayor Bean stated a letter received from an attorney representing the applicant, Corky Elsen,
requests that consideration of the applicant's request be postponed.
Stover moved, Benson seconded to table to April 10, 1995, action on a motion to
direct staff to prepare a findings of fact for a C.U.P./P.U.D. for shared driveway .
accesses and hardcover ratios requested by Corky Elsen, 5290 & 5300 Howards
Point Road. Motion passed 5/0.
F. Motion to Adopt an Amendment to Zoning Code Regulating Swimming Pool Fence
Enclosures.
Nielsen reviewed the background to this issue that began with a resident's concern regarding the
City's current requirement for swimming pool fences. A number of nonconforming properties that
existed prior to adoption of the ordinance were grandfathered. These properties were informed of
the nonconformance. In the interest of protection of children, the resident requested an ordinance
amendment to eliminate the grandfather rights to provide that all swimming pool fences be brought
into conformity.
Following extensive discussion over the past several months, including a public hearing, the
Planning Commission recommends (with. I opposing vote) adoption of a reasonable compromise
amendment that requires that all swimming pools with nonconforming fences existing prior to July .
1, 1985 be brought into conformance upon change of ownership of the property on which the pool
is located. Notice of this requirement would be recorded on all parcels of land on which
conforming fences are located to inform new owners of the requirement. This amendment would
speed up the process of bringing the properties into conformance yet allow the current owner
continued use of the existing property.
During Council discussion, Nielsen and Planning Commissioner Turgeon responded to questions.
Factors considered included: public comments, pool fencing as it relates to lake setbacks, perimeter
fencing, gates and locks, enforcement and inspection, public safety, and parental and pool owners'
responsibility and awareness.
Mayor Bean stated questions regarding enforcement and of what constitutes appropriate swimming
pool enclosure concern him. Malam favored requiring that nonconforming pool fencing be
brought into compliance immediately.
McCarty moved, Stover seconded to adopt ORDINANCE NO. , "An Ordinance
Amending Chapter 1201 of the Shorewood City Code Relating to Zoning
Regulations." Motion failed 3/2. Bean, Benson, and Malam voted nay.
G. Consideration of a Resolution Adopting Comprehensive Plan Amendments on an Interim
Basis.
REGULAR CITY COUNCIL MINUTES
March 27, 1995 - PAGE 5
Nielsen sta~ed the Planning Commission recommends Council adoption of the 1995
Compreh~nsIve Plm: Update, subject to revision, on an interim basis pending approval by the
MetroI?o~tan ~ouncIl. He noted additional work is required before submission to the Metropolitan
CouncIl. mcludmg Introductory Section, graphics, and land use and transportation projections. The
Update IS c~mplete, however, with respect to dealing with local issues. There will be opportunity
for final reVIew of the document before submission to the Metropolitan Council and the adjoining
communities in June 1995.
During discussion, the Council recognized the valuable work of the Commissions and the input
from residents during the neighborhood meetings and public hearing. Stover noted that housing is
not covered in the document. She expressed particular concern that the lack of affordable housing
in the City could jeopardize the current level of funding through property tax distribution to the
City. Nielsen commented on the matter and explained that a housing plan is to be prepared and
submitted separately to the Metropolitan Council.
Benson moved, Malam seconded to adopt RESOLUTION NO. 95-22, "A
Resolution Adopting the 1995 Comprehensive Plan Update for the City 0 f
Shorewood," on an interim basis. Motion passed 5/0.
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H.
Motion to Adopt an Amendment to the Flood Plain Regulations-Chapter 1101 of the City
Code.
Nielsen explained that the City amended its Flood Plain Regulations in October 1993 to comply
with state and federal law changes. Adoption of the amendment was subject to review and
approval by the Department of Natural Resources. Since then, the DNR cited areas for
modification to comply with its requirements and to maintain the City's eligibility for the federal
flood insurance program. Nielsen reviewed the revisions which are primarily technical in nature
(Nielsen's 03-17-95 memorandum). The Planning Commission recommends adoption of the
proposed ordinance.
During discussion, Nielsen responded to Councilmembers' questions.
Stover moved, McCarty seconded to adopt ORDINANCE NO. 298, "An Ordinance
Amending Chapter 1101 of the City Code, Flood Plain Regulations." Motion
passed 5/0.
.
Mayor Bean recessed the meeting at 9 p.m. and reconvened at 9:05 p.m.
6. CONSIDERATION OF ADOPTION OF A RESOLUTION ESTABLISHING
A TASK FORCE TO RESEARCH WATERMAIN ASSESSMENTS
Mayor Bean summarized the background to the proposed resolution that would establish a water
system assessment advisory committee as it relates to the 3-phased expansion of the municipal
water system as included in the Comprehensive Plan. Voting members of the Committee would be
3 Shorewood residents; nonvoting members would be representatives of the Council and Planning
Commission, the city administrator, finance director, and city engineer. The Committee's purpose
would be to review and make recommendations to the Council on policy questions regarding water
system special assessment and financing.
Stover objected to creation of the Committee because the ultimate responsibility for policy
development and approval is that of the Council. She pointed out that input from interested
residents could still be requested, staff time would be better utilized, and Councilmembers would
be totally involved in discussion, deliberation, and decision-making. She noted that historically,
the Council has failed to act upon recommendations of such committees. Bean, Benson, Malam,
and McCarty stated the committee concept is not intended to preclude in any way the Council's
duties and responsibilities, but recognizes the value of input from residents.
4
REGULAR CITY COUNCIL MINUTES
March 27, 1995 - PAGE 6
The Council considered whether the committee concept should be revised or whether work session
dates be set for Council to begin the work on policy questions related to financing the expansion of
the water system. Following discussion, the Councilmembers agreed to appoint one resident from
each quarter of the City to participate in Council work sessions related to water policy.
Subsequently, the Council set study/work sessions dates to discuss water-related policies on April
12, April 26, May 10, and May 24, 1995.
7. CONSIDERATION OF A RESOLUTION ORDERING PREPARATION OF
A FEASIBILITY REPORT FOR WEST END WATER IMPROVEMENTS
Mayor Bean reviewed the 3 improvements proposed to be made to the Boulder Bridge Water
System. The Engineer will study the proposed improvements and report to the Council as to
whether each proposed improvement is feasible, whether it should be made as proposed in
connection with some other improvement, and the estimated cost of the recommended
improvement. Dresel stated the study will provide assistance in developing the water assessment
policy. Hurm noted that while the petition received in connection with the Heritage development
improvement was deemed invalid, a proper petition is forthcoming.
During discussion, the staff responded to questions regarding the improvements. The cost of the .
study is estimated at $8,000.
Stover moved, Benson seconded to adopt RESOLUTION NO. 95-23, "A
Resolution Ordering Preparation of Report on Water System Improvements."
Motion passed 5/0.
8. DISCUSSION OF POLICY ISSUES
Closure to Sump Pump Program
Hurm directed the Council's attention to a proposed letter to be sent to 11 individuals whose
properties remain uninspected for compliance under the City's sump pump program. It is
recommended that to bring closure to the program, the owners be notified that a satisfactory
inspection must be completed by May 1, 1995 or all surcharge fees and penalties will be applied to
the property and will not be waived in the future.
Following discussion, the Council concurred with the recommendation as outlined by Hurm and .
agreed that the letter be sent to owners of property not in compliance with the sump pump
program.
9. LMCD - Report by Representative Bob Rascop. None.
10. ADMINISTRATOR AND STAFF REPORTS
Hurm directed the Council's attention to a City information flyer to be distributed to residents and
requested early submission of changes and suggestions.
11. MAYOR AND COUNCILMEMBER REPORTS
Stover noted that upon her recent return to the City, residents reported on the successful
neighborhood meetings conducted on the updated Comprehensive Plan.
12. ADJOURN TO WORK SESSION FORMAT SUBJECT TO APPROVAL OF
CLAIMS
Benson moved, Malam seconded to adjourn the City Council meeting at 9:50 p. m.
to a work session format, subject to approval of claims. Motion passed 5/0.
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REGULAR CITY COUNCIL MINUTES
March 27, 1995 - PAGE 7
During its Work Session, the Council and staff discussed water policy issues. No formal action
was taken. Following the Work Session, the Council met in Executive Session. Recorder
Bergfalk left at this time.
Present:
Mayor Bean; Councilmembers Benson, Malam, McCarty, and Stover; and
Administrator Hurm.
The City Council discussed Police related personnel matters. No action was taken at this time.
Mayor Bean adjourned the Executive Session at 11 :20 p.m.
RESPECTFULL Y SUBMITTED,
Arlene H. Bergfalk
Recording Secretary
TimeSaver Off Site Secretarial
ATTEST:
ROBERT B. BEAN, MAYOR
JAMES C. HURM, CITY ADMINISTRATOR
CITY OF SHOREWOOD
COUNCIL WORK SESSION
MONDAY, MARCH 27, 1995
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
9:58 P.M.
MINUTES
WORK SESSION
Mayor Bean convened the work session at 9:58 p.m.
Present:
Mayor Bean; Councilmembers Benson, Malam, and Stover; City Administrator
Hurm, City Engineer Dresel, Planning Director Nielsen, and Financial Director
Rolek.
Absent:
Councilmember McCarty.
1. DISCUSSION ON WATER POLICY ISSUES
Hurm distributed a document extracted from the Comprehensive Plan entitled: "City of Shorewood
Public Improvement Process for Special Assessment Projects," for the Council's information. He
also distributed and reviewed a spreadsheet prepared by the staff that identifies the City's potential
developments with detailed information including estimates of various costs related to water service
and street restoration or reconstruction associated with the developments.
.
Rolek distributed and reviewed 2 variations of a spreadsheet entitled: "City of Shorewood Water
Tower Revenue Bond Cash Flow" prepared by the staff and based on several policy assumptions
and completion of the developments identified above. Estimated Payment Schedules for Water
Trunk Extension Special Assessment Bond and Water Tower Interfund Loans prepared by the staff
were also distributed and explained.
The Councilmembers discussed and asked questions about the materials presented by the staff.
The Council and staff did not review or discuss a document distributed at this meeting entitled:
"Policy Considerations for Expansion of the Municipal Water System" (including assessment,
hookup, finance, and other). The Council and staff agreed to set Study/Work Sessions on April
12, April 26, May 10, and May 24, 1995 to consider water related issues.
2. ADJOURN
.
Malam moved, Benson seconded to adjourn the work session at 10:55 p.m.
Motion passed 5/0.
RESPECTFULL Y SUBMITTED,
Arlene H. Bergfalk
Recording Secretary
TimeSaver Off Site Secretarial
ATTEST:
ROBERT J. BEAN, MAYOR
JAMES C. HURM, CITY ADMINISTRATOR
..
.
.
CITY OF SHOREWOOD
RESOLUTION NO.
A RESOLUTION GRANTING A SETBACK VARIANCE AND VARIANCE TO EXPAND A
NONCONFORMING STRUCTURE TO RICHARD AND DEBORAH KOWALSKY
WHEREAS, Richard and Deborah Kowalsky (Applicants) are the owners of real property
located at 5740 Christmas Lake Point in the City of Shorewood, County of Hennepin, State of
Minnesota, legally described as:
"Tract D, Registered Land Survey No. 407"
and
WHEREAS, the Applicants have an existing single-family dwelling on the property, which
dwelling constitutes a nonconforming structure because it is located entirely within the required 75-
foot setback from: Christmas Lake; and
WHEREAS, the Applicants have applied for a variance to add two stories over the south
end of the house for bedrooms to increase the habitable space in the home; and
WHEREAS, the Applicants have requested a setback variance to build a two-car garage;
and
WHEREAS, the Applicants' request was reviewed by the City Planner, and his
recommendations were duly set forth in memoranda to the Planning Commission dated
1 February 1995 and 28 February 1995 which memoranda are on fIle at City Hall; and
WHEREAS, after required notice, a public hearing was held and the application was
reviewed by the Planning Commission at their regular meeting on 7 February 1995, the minutes of
which meeting are on fIle at City Hall; and
WHEREAS, the Applicants' request for a variance was considered by the City Council at
their regular meeting on 27 March 1995 at which time the Planner's memoranda and the minutes of
the Planning Commission were reviewed and comments were heard by the Council from the City
Staff.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood
as follows:
FINDINGS OF FACT
1. That the Subject Property is located in an R-IA Single-Family Residential zoning
district and is also subject to the requirements of the "s" Shoreland (overlay) District.
2. That the site is unique in that required setbacks on the property result in a virtually
unusable buildable area, less than 10 feet in depth.
3. That due to setback requirements, nothing could be built on the property without a
variance.
3,A.
.
.
4. That the easterly side of the site is characterized by severe topography.
5 . That structures on adjacent lots to the north and south are closer to the shoreline
than 75 feet, establishing an average setback of 30.5 feet.
6. That the proposed structural alteration is contained within the "footprint" of the
existing structure and will be located behind the average setback line referred to in 5. above.
7 . That the proposed garage will be located behind the average setback line referred to
in 5. above.
8. That the Applicants propose to remove portions of existing decks which encroach
into the lake shore setback area.
9. That hard surface area on the property, including the new garage, will be
approximately 24 percent.
10. That the Applicants have planted shrubbery along the west side of the proposed
garage to break up the building mass.
CONCLUSIONS
1 . That the Applicants have established undue hardship and have satisfied the criteria
for the grant of a variance under the appropriate sections of Minnesota Statutes and the Shorewood
City Code.
2. That based upon the foregoing, the City Council hereby grants the Applicants'
request for a setback variance to build a two-car garage and a variance to alter the nonconforming
structure within the confmes of the existing house.
3 . That this approval is subject to the Applicants submitting a detailed grading and
landscaping plan which raises the grade around the south end of the existing home and provides
significant shrubbery to screen the lowest level of the home beneath the addition. The Applicants
will provide a landscape bid from a certified nurseryman or landscape architect, from which bid the
Applicants shall provide a letter of credit or cash escrow for one and one-half the amount of the
work, to ensure that the approved work will be completed by November of 1995.
4. That the City Administrator/Clerk is hereby authorized and directed to provide a
certified copy of this resolution for filing with the Hennepin County Recorder or Registrar of
Titles.
ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 10th day of April, 1995.
ATTEST:
Robert B. Bean, Mayor
James C. Hurm, City Administrator/Clerk
2
.-.
...,....
I"
CITY OF SHOREWOOD
RESOLUTION NO.
A RESOLUTION GRANTING A CONDITIONAL USE PERMIT
FOR THE SOUTH SHORE SENIOR COMMUNITY CENTER
WHEREAS, the City of Shorewood (Applicant) is the owner of real property located at
5755 Country Club Road in the City of Shorewood, County of Hennepin, State of Minnesota,
legally described on Exhibit A, attached; and
.
WHEREAS, the Applicant proposes to build a senior community center in the northeast
comer of the property; and
WHEREAS, the Applicant has applied for a conditional use pemrit to build the new
building; and
WHEREAS, the Applicant's request was reviewed by the City Planner, and his
recommendations were dilly set forth in a memorandum to the Planning Commission, dated
5 March 1995, which memorandum is on file at City Hall; and
WHEREAS, after required notice, a public hearing was held and the application was
reviewed by the Planning Commission at their regular meeting on 7 March 1995 and, at a joint
meeting with the Park Commission on 21 March 1995, the minutes of which meetings are on file at
City Hall; and
WHEREAS, the Applicant's request for a conditional use pemrit was considered by the
City Council at their regu1ar meeting on 27 March 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.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as
follows:
.
FINDINGS OF FACT
1 . That the subject property is located partly in an R-l C, Single-Family Residential
and partly in an R-2A, Single and Two-Family Residential zoning districts.
2. That the subject property contains approximately 10 acres of area.
3 . That the site is currently occupied by the Shorewood City offices and Badger Park.
4. That the new senior center building will contain 7400 square feet of area and
complies with the setback requirements of the R-1C and R-2A zoning districts.
5 . That proposed parking and landscaping plans comply with the requirements of the
Shorewood Zoning Code.
3- B-
CONCLUSIONS
1. That the Applicant's plans satisfy the conditions imposed by Section 1201.11
Subd. 4.b. of the City Code.
2. That based on the foregoing, the City Council hereby grants a conditional use
permit subject to the following:
The site shall be landscaped according to the approved landscape plan shown on
Exhibit B, attached.
a.
b.
c.
d.
. e.
f.
All required improvements must be completed prior to occupancy of the new
building.
The Applicant's grading, drainage and erosion control plan must be approved by
the Minnehaha Creek Watershed District.
All signage shall comply with Section 1201.03 Subd. 11 of the City Code.
Parking will be restricted to designated parking areas and will be prohibited from
the access drive serving the site.
The access drive will be widened to 24 feet.
3 . That the City Clerk is hereby authorized and directed to provide a certified copy of
this Resolution for fIling with the Hennepin County Recorder or Registrar of Titles.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 10th day of April,
1995.
.
ATTEST:
Robert B. Bean, Mayor
James C. Hurm, City Administrator/Clerk
2
.
.
Le~al Description:
"Lot 12, Block 2, Echo Hills 2nd Addition, Hennepin County, Minnesota, and; Commencing
at a point in the center line of Smithtown Road, 645.00 feet easterly from an intersection with
the northerly extension of the West line of Lot 27, Auditor's Subdivision No. 133, Hennepin
County, Minnesota with said center line; thence easterly along said center line a distance of
15.00 feet; thence southerly parallel with the West line of said Lot 27 a distance of 264 feet;
thence westerly parallel with the center line of Smithtown Road a distance of 165.00 feet; thence
northerly and parallel with the West line of said Lot 27 a distance of 98.81 feet; thence easterly
parallel with the center line of Smithtown Road a distance of 150.00 feet; thence northerly to
the point of beginning; except road."
P.I.N. 33-117-23-14-0033
Exhibit A
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LAKE RESTORATION, INC.
Professional Lake Weed Control
"Since 1977"
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February 10, 1995
CITY OF SHOREWOOD
5755 COUNTRY CLUB RD
SHOREWOOD MN 55331
Dear AL ROLEK or JIM HURM
.
Thank you for letting us serve you last summer. Again this summer, we
look forward to enhancing your swimmimg, fishing, and boating by
controlling those unsightly weeds.
Our records of last year's inspections and treatments at your property
will be reviewed this summer by our inspectors in developing a
customized treatment plan for your lakeshore. By using our records on
individual properties and lakes, some dating back to 1977, we can
maximize the lake weed control at your property.
Please take a minute to review the enclosed sign-up form. If you have
any special concerns, please note them in the space provided.
Sincerely,
c;d~ V'I\~
. Donna Morningstar
Customer Service Manager
P.S. Please update the description of your property for our record,
sign and return this sign-up by MARCH 15TH to be included in the permit.
4:F 3(
620 Hamel Road
Hamel, Minnesota 55340
(612) 478-9421
LAKE RESTORATION, INC.
620 Hamel Road
Hamel, MN 55340
( 612) 478-9421
1995 SIGN-UP FOR THE INSPECTIONS OF EURASIAN WATERMILFOIL
CHRISTMAS LAKE (HENNEPIN)
MR AL ROLEK OR MR JIM HURM
CITY OF SHORE WOOD
5755 COUNTRY CLUB ROAD
SHOREWOOD MN 55424
ACT #2076
IIIFORHATION:
1. Inspections will be made for the control of: Eurasian
Watermilfoil.
2. The inspection area includes: Christmas Lake.
3. Inspection program: Lake Restoration, Inc. trained and
licensed personnel will conduct inspections consisting of a e.
minimum of 10 grapple samples per acre with a more
concentrated effort in public areas. Weed samples are
documented and if eurasian watermilfoil is found the shore
area is marked and the location mapped. A report with the
findings will be issued upon completion of the program.
4. Special concerns or problem areas:
PRICING & TERMS: NET 30.
1. Inspection of the entire littoral zone (area less than 15 .
feet deep). Cost $767.00 PER INSPECTION.
2. Inspection to be done:
Please check desired inspections.
(Both are recommended)
1 in SPRING
1 in FALL
PLEASE SIGN AND RETURN WHITE COPY TO LAKE RESTORATION BY MARCH
15TH FOR SCHEDULING.
Signature:
Pho ne :It: (H)
Date:
(W)
Billing Address (if different than above address)
* keep yellow copy for your records *
.
.
CITY OF SHOREWOOD
RESOLUTION NO.
A RESOLUTION RESCINDING RESOLUTION NO. 94-94 AND APPROVING A
REVISED FINAL PLAT OF
ROBERT S.c. PETERSON 2ND ADDmON
WHEREAS, the City approved a final plat for the Robert S.C. Peterson 2nd
Addition as part of Resolution No. 94-94, adopted on 14 November 1994; and
WHEREAS, the developer proposes to modify the final plat so that the common
driveway serving the two lots is included with Lot 1, Block 1, as shown on Exhibit A,
attached hereto and made a part hereof; and
WHEREAS, the approved fmal plat of Robert S.c. Peterson 2nd Addition has not
been recorded to-date; and
WHEREAS, the final plat of Robert S.C. Peterson 2nd Addition, as revised, is
consistent with the Shorewood Comprehensive Plan and the regulations and requirements
of the laws of the State of Minnesota and the City Code of the City of Shorewood.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood
as follows:
1.
2.
approved.
3 . That the Mayor and City Clerk are hereby authorized to execute the
Certificate of Approval for the plat on behalf of the City Council.
That Shorewood Resolution No. 94-94 is hereby rescinded.
That the plat of Robert S.C. Peterson 2nd Addition, as revised, is hereby
4. That this fmal plat shall be fIled and recorded within (thirty) 30 days of the
Developer's receipt of this Resolution.
BE IT FURTHER RESOLVED that the execution of the Certificate upon said plat
by the Mayor and City Clerk shall be conclusive, showing a proper compliance therewith
by the subdivider and City officials and shall entitle such plat to be placed on record
forthwith without further formality, all in compliance with Minnesota Statutes and the
Shorewood City Code.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 10th day of
April, 1995.
ATTEST:
Robert B. Bean, Mayor
James C. Hurm, City Administrator/Clerk
3,D.
OBERT S.
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Exhibit A
CITY OF SHOREWOOD
RESOLUTION NO.95-____
THE
A RESOLUTION MAKING APPOINTMENTS
SHOREWOOD PARK FOUNDATION BOARD OF
TO
DIRECTORS
WHEREAS, per the directives of the Articles of Incorporation of
the Shorewood Parks Foundation, the Shorewood City Council makes
appointment to the Board of Directors for the Foundation; and
WHEREAS, the Bylaws for the Foundation require that each Director
be appointed for three years or until his or her successor shall have
been appointed, except the initial terms of initial Directors shall be
staggered so no more than one-third of the Directors or closest fraction
thereof will end their terms in the same year.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Shorewood as follows:
.
That the Shorewood Park Foundation Board of directors consists of
the following individuals. The highlighted individual is new
appointee.
Term First
Expires Orqanization Aooointee Aooointed
3/15/96 Tonka Football Association Barbara Wanamaker 7/94
3/15/96 South Shore Softball Scott Hansen 7/94
3/15/96 Senior Representative William Keeler 9/94
3/15/96 Shorewood Park Commission Bill Colopoulos 3/95
3/15/96 At Large John Seamans 7/94
3/15/97 American Legion Kenneth Dallman 7/94
3/15/97 Minnetonka Youth Hockey Assc. Tom Heiberg 7/94
3/15/97 Rotary Club Don Kelly 3/95
3/15/97 Minnetonka Community Education Tad Shaw 7/94
.3/15/97 At Large Gordon Lindstrom 7/94
3/15/98 South Tonka Little League David Steinkamp 3/95
3/15/98 Tonka United Soccer Diane Anderson 7/94
3/15/98 Tonka Men's Club Jim Latterner 7/94
3/15/98 Shorewood Park Commission Sandy Trettel 7/94
3/15/98 At Large Charlie Cox 3/95
Non-Voting, City Administrator Jim Hurm 7/94
Non-Voting, City Councilmember Jennifer McCarty 4/95
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this
10th day of April, 1995.
Robert B. Bean, Mayor
ATTEST:
James C. Hurm, City Administrator
~3E.
\.
.
.
CITY OF SHOREWOOD
PARK COMMISSION MEETING
TUESDA Y, MARCH 28, 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 7:30 p.m.
2. ROLL CALL
Present:
Chair Bensman; Commissioners, Trettel, Dzurak, Martin, and Colopoulos;
Administrator Hurm; and Council Liaison McCarty.
Commissioners Puzak and Wilson.
Absent:
3. REVIEW AGENDA
There were no changes or additions.
4. APPROVAL OF MINUTES
Trettel moved, Martin seconded, to approve the minutes of Tuesday, February 28,
1995. Motion passed 4/0. Colopoulos abstained.
5. REPORT ON SENIOR COMMUNITY CENTER JOINT WORK SESSION
HELD MARCH 21. 1995 - FURTHER DISCUSSION
Colopoulos reported the Planning Commission recommend to the Council to build the Senior
Community Center at the original site, at the far end of Badger Park near County Road 19. They
felt this would minimize the costs involved. The next step is to raise the money to fund the project.
Hurm said a non-profit corporation will raise the money and the five cities involved will donate
funds.
Hurm reported the Mayor will be meeting with the other cities in April and May to work out the
details of the cooperative agreements. It could be six months or longer before the actual ground
breaking.
6. REVIEW 1994 BUDGET
Hurm reported the Parks 1994 budget was over $15,000, but with good reasons. He said the
Public Works salaries were over $6,000 due to installation and clean up work of the playground
equipment installed at Silverwood Park. General supplies budget decreased because the City does
not have to ag line the trail anymore from $19,000 (1994) to $16,000 (1995). Hurm noted the part-
time salaries were increased to $23,000, enough for three employees during the summer. He also
stated that the 1995 budget ($165,931) is about the same as 1994 ($165,352). The 1995 Planning
budget decreased compared to 1994. It was significantly higher in 1994 because of the usage of a
park planner, update of the trail map, and other projects that were going on. Hurm felt we could
do without the park planner and do the work in house.
7. REPORT ON PARK FESTIVAL MEETING HELD MARCH 22. 1995
:Jt5
- .1
SHOREWOOD PARK COMMISSION MINUTES
TUESDAY, MARCH 28, 1995
Page 2 of 3
Trettel reported there is going to be soccer/softball tournaments going on the same day as the Park
Festival. She considered changing the date of the Festival but the entertainment and food have
already been scheduled.
Hurm said there is lack of communication between the City and Minnetonka Community Education
Services (MCES). The City should have notified MCES of the planned Festival at Freeman and
MCES should have verified with the City if there were any events planned before they scheduled
the tournament.
Hurm will call Deb Malmsten at MCES to clarify if soccer and/or softball tournament. He will also
suggest to MCES, who does the scheduling, that the athletic association hosting the tournament on
the same day as the Festival have limited use of the fields and no concessions. Hurm will report
back to Trettel.
Trettel reported there will not be hot air balloon rides because of the insurance involved. There will
be a dunk tank and a treasure hunt.
8.
REVIEW AND PLAN 1995 PARK IMPROVEMENTS -.JIM HURM AND
DON ZDRAZIL
.
Hurm reported on the following park improvements for 1995:
Freeman: 1) Install drain tile at Field #5 and playground area. The material cost would come out
of the general operating budget and the manpower from the salary budget. McCarty noted Jerry
Wenkus volunteered to get the materials for this project. 2) Build a picnic shelter and clearing for
picnic area. 3) Have Public Works mark off the areas where the fountain, picnic area/shelter, and
volleyball/tennis courts are scheduled to be located for the Festival so the public could get an idea
of the improvements to come.
Badger: 1) If the roadway to the proposed Senior Community Center needs to be expanded, have
Public Works move hockey rink about 30 feet south. Don Zdrazil, Public Works Director,
commented it would be more expensive to move hockey rink then to tear it down and rebuild. He
said the City also needs to consider moving the lights. Hurm said there would have to be some
trees removed and the free skating rink will need to be expanded. The City will advise Public
Works by August 1995 if the hockey rink will have to be moved this season. .
Cathcart: 1) Install new playground equipment with the help of John Steinhibel, volunteer foreman
for Cathcart. It was discussed that the Park Commission will review the playground equipment
bids in May 1995 and have it installed by this summer or fall. 2) Construct parking lot. 3) Relocate
ballfield which involves grading, moving fence, and seeding. 4) Need to rewire lights. 5) Replace
current warming house with a rental trailer for 1995 season.
Manor: 1) Construct parking lot. 2) Landscape open area. 3) Install charcoal grills and picnic
tables. 4) Replace floor inside warming house (warped from water run-oft). 5) Install floor mats
inside warming house.
Silverwood: 1) Need to install ground cover in the small area between the two slides. 2) Finish
landscaping the trees and bushes by the hydrant. This is contracted with Wilson. 3) Install a one-
sided park sign to face the street with "Silverwood Park, City of Shorewood".
9. SET DATES AND TIMES FOR PARK TOURS
The following schedule was agreed upon for the park tours:
....
,.
SHOREWOOD PARK COMMISSION MINUTES
TUESDAY, MARCH 28, 1995
Page 3 of 3
Tuesday. May 9. 1995 at 6:00 p.m.
Meet at Freeman Concession Stand
Cathcart
Badger
No meeting afterwards.
Tuesday. May 23. 1995 at 6:00 p.m.
Meet at Silverwood
Manor
Crescent Beach
Park Commission meeting immediate
following the tours at City Hall.
10. MATTERS FROM THE FLOOR
George Harrison. 24710 AmIee Road, stated he is not against snowmobiles within the City limits
but does not want them allowed on the trail. There are risks of having pedestrians and
snowmobiles on the same narrow trail. Harrison felt there are a lot of non-resident snowmobilers
using the trail on the western and northern boundaries of the City because it is easy access. He
said the trail is used by more snowmobilers than pedestrians during the winter season.
McCarty reported that Council decided to leave the wording in the CIP as is "prohibiting
snowmobiles on the trail". She commented that there is a potential risk of someone getting hurt
. because there is not enough room on the trail for both pedestrians and snowmobiles.
Hurm added that the CIP was just passed and it was discussed to bring a resolution to the Council
to establish a task force who would research the issue of snowmobiles on the trail and gather good
data to help reach a fIrm decision. McCarty commented that the task force should try and reach a
fInal decision before the next season, the others agreed.
11. COMMISSIONER REPORTS
No report.
12. ADJOURNMENT
There being no further business, Martin moved, Colopoulos seconded, to adjourn
the meeting at 9:03 p.m. Motion passed unanimously.
.
RESPECTFULL Y SUBMITTED.
Marlene S. Haptonstall,
Park Secretary
/"-~
'"
MAYOR
Robert Bean
COUNCIL
Kristi Stover
Bruce Benson
Jennifer McCarty
Doug Malam
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 · (612) 474-3236
MEMORANDUM
.
TO:
FROM:
DATE:
RE:
FILE NO.:
Planning Commission, Mayor and City Council
Brad Nielsen
4 March 1995
. Birchbluff Lakeview Addition - Preliminary Plat
405 (95.05)
BACKGROUND
.
Mr. Brian Fredrickson requests preliminary plat approval to divide his property, located at
26115 Birch Bluff Road (see Site Location map - Exhibit A, attached), into two lots. The
property is zoned R-1C, Single-Family Residential and contains 68,118 square feet of area.
The applicant proposes to plat the property into two lots as shown on Exhibit B.
As can be seen on Exhibit B, the property is low on both the north and south ends and rises
approximately 20 feet in the center. The property is currently occupied by an existing home
which is accessed by a private road located on the east side of the site. The access road is
located in the right-of-way of Third Street, a platted street which has never been built.
At the direction of staff the applicant proposes to dedicate an additional 12.5 feet of right-of-
way to increase the width of Third Street, bringing it to 37.5 feet in width. An additional 12.5
feet from the east side of the street will ultimately bring 'it into compliance with Shorewood's
standard street width. The proposed r;o.w. dedication results in the existing house being too
close to Third Street by five feet, for which the applicant requests a variance. The applicant's
request letter is attached as Exhibit C.
ISSUES AND ANALYSIS
A. Third Street. The private road located in the Third Street r.o.w. currently serves the
applicant's home and the homes at 26075 and 26045 Birch Bluff Road. The new lot will
be accessed directly from Birch Bluff Road.
The additional right-of-way is necessary in the event Third Street is ever built to serve
undeveloped property to the east of the subject property. An area plan prepared by the City
several years ago showed Third Street and Clara Avenue being constructed as a cul-de-sac
A Residential Community on Lake Minnetonka's South Shore
=t~A'
Re: Birchbluff Lakeview Addition
Preliminary Plat
4 March 1995
street to serve Blocks 6 and 7 of Mann's Addition to Birch Bluff (see Exhibit A). The
additional 12.5 feet needed to bring Third Street up to 50 feet will come from the property
on the east side of Third Street in the future.
B. Lot Size. Although both of the proposed lots comply with the minimum size requirements
of the R-IC zoning district (i.e. 20,000 square feet; 100 feet wide), the majority of the
buildable area of Lot 1 ends up being quite low. The proposed house location shown on
Exhibit B shows a house pad situated at a reasonable elevation, but it does not comply with
R -1 C setback requirements.
.
The solution to this problem is to move the common lot line as far to the south as possible
but not closer than 10 feet from the existing house. Exhibit D shows the lot line moved to
the south approximately 30 feet. As can be seen much more of the buildable area of the lot
is on the higher ground.
C. Grading. Drainage and Utilities. As part of the final plat for this property, the applicant
should be required to prepare a grading plan for Lot 1. The grading plan should show how
access will be provided to the building pad. It should also show how site drainage will be
handled, and a proposed lowest floor elevation. The grading and drainage plans must be
subject to review and approval by the City Engineer.
The preliminary plat currently shows five-foot drainage and utility easements on the new
common property line. These must be increased to 10 feet.
RECOMMENDATION
.
Based upon the preceding it is recommended that the following items be resolved as part of the
final plat:
1. Lot 1 should be enlarged as shown on Exhibit D.
2. Grading, drainage and utilities should be subject to review and approval by the City
Engineer. The Engineer should address the drainage issues raised by nearby residents.
3 . As part of the final plat approval the applicant must pay one sewer connection charge
(LSSAC) of $1000 and one park dedication fee of $750. Credit is allowed for the lot with
the existing house on it.
4. The applicant must submit a fmal.plat within six months of the Council's approval of the
preliminary plat.
cc: Jim Hurm
Tim Keane
Joel Dresel
Brian Fredrickson
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SITE LOCATION
Birchbluff Lakeview Addition
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Exhibit B
PRELIMINARY PLAT
Brian Fredrickson
26115 Birch BluffRd
Minneapolis. MN 55331
February 6, 1995
City of Shorewood - Planning Commission
5755 Country Club Road
Shorewood, MN 55331
.
To Whom it May Concern:
This letter accompanies my application for subdivision of the residential property located at 26115 Birch
Bluff Road. In this letter I am requesting a variance for a front yard setback to the existing house. Details
of the subdivision and variance request are described below.
The property to be subdivided consists of 1.5 acres with road frontage on Birch Bluff Road and 3rd Street,
an undeveloped street (currently a driveway) platted at 25 feet in width. Of the 1.5 acres, .5 acres will
become a new single family building lot and 1 acre will remain with the existing house.
It is my understanding that the City requires platted streets to be no less than 50 feet in width. Toward
meeting this standard, and as a requirement of subdivision, I am willing to grant an easement of 12.5 feet
of property along the length of 3rd Street
The existing house is currently positioned approximately 43 feet from the current platted boundary of 3rd
Street Widening 3rd Street by an additional 12.5 feet will cause the distance of the existing house from
3rd Street to become 30.5 feet, approximately 4.5 feet under the 35 foot front yard setback requirement
The existing house is not being modified in any way. There are no plans that I am aware of to actually
develop 3rd Street The need for this variance arises from the easement of 12.5 feet of property along the
length of 3rd Street as a requirement for subdivision.
Benefits to the City include the widening (platted) ofJrd Street from the current 25 feet to 37.5 feet and
the creation of an additional residential lot
.
Sincerely,
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Exhibit C
APPLICANT'S REQUEST LETTER
Dated 6 February 1995
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Exhibit D
RECOMMENDED LOT ADJUSTMENT
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Leo C. Meloche
26120 Birch Bluff Road. Shorewood, MN 55331 · 612/474-7783. 612/470-1770
Honorable Robert Bean, Mayor February 24, 1995
Shorewood City Council & Jim Hurm, Administrator
City of Shorewood
5755 Country Club Road
Shorewood, Minnesota 55331
Dear Mayor Bean, Council Members and Mr. Hurmi
We oppose the subdivision of the Brian Fredrickson property,
P.I.N. 29-117-23-43-0026.
.
Our opposition is based on the following facts:
a- The proposed parcel is part of a large water run off area,
sloped from 956.0+, to 934.0-, a drop of 22 feet in
approximately 125 feet, or an average 18% grade.
b- At the foot of this slope is a siltation pond area which
collects over one foot of water after a moderate rain.
c-Building on this location will destroy some existing natural
brush cover causing fast water run off and potential erosion.
d-Faster run off would more more quickly fill the existing
siltation ponding area, causing greater wetland water backup.
e-The pond area flows under Third street (which serves only
driveways) to lot 10 (Michael Newberg property) which has
a history of water back up. This area will flood to over
a foot in depth after a moderate rain. This flooding would
be further aggravated by removal of brush cover and possible
. loss of ponding on the proposed subdivision.
f-Upon leaving lot 10 this water flows though a constricting
pipe under Birch Bluff Road (to Birch Bluff upper Mann
Division) which is the cause of ponding on this lot.
g-This run off water then flows along a swail between lots
21 (James Vrasper) and 22 (James Russel), directly into Lake
Minnetonka. Destruction of brush cover and possible loss
of the siltation pond will certainly carry more dirt and
debris into Lake Minnetonka.
h-The swail between lots 21 and 22 is shallow. After a moderate
rain water can swell into lot 22.
i-The swail between lots 21 and 22 can remain wet and soggy
long after a moderate rain. This would likely be aggravated
~and ~o~i)nue ~ng7f with the proposed.subdiV~~/~ ~ ~
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Leo C. and Marcia J. Meloche
CC C. strauss, DNR Hydrologist-K. George, atershed Dist. Engr.
Michael Newberg
26045 Birch Bluff Road
Shorewood, MN, 55331
March 3rd, 1995
-"'.~'
Shorewood City Council / James C Hurm
Shorewood City Offices
5755 Country Club Road
Shorewood, MN 55331
Dear MR Hurm and Council Members,
.
M~P - 6 \995
I would like it noted that we oppose the subdivision of the Brian Fredrickson property
located at 26115 Birch Bluff Rd. This is because of the potential increase to an existing
water drainage problem relating to this property and affecting my property located at
26045 Birch Bluff Rd. This problem is caused by fast rainwater run off from a large
area of approximately 22 lots with steep sloping terrain. A majority of this water
converges in my front yard because of its low elevation, sometimes flooding it to a
depth of over 14" . The water then runs through a small drain tile to lake Minnetonka
often taking as long as a week completely drain. This flooding has increased as woods
and brush have been cleared and new houses built within this problem area. I am
convinced any more development will increase this flooding condition.
.
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Michael and Susal}"Newberg v
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t~AR Z I 1995
Orr
Schelen
Mayeron&
AsSociates, Inc.
300 Park Place East
5775 Wayzata Boulevard
Minneapolis, MN 55416-1228
612-595-5775
1-800-753-5775
FAX 595-5774
March 17, 1995
Engineers
Architects
Planners
Surveyors
Mr. Bradley J. Nielsen
City Planner
City of Shorewood
Shorewood, MN 55331
.
Re: Birch Bluff Lakeview Preliminary Plat
City File 405 (95.05)
OSM File 5572.00
Dear Mr. Nielsen:
Per your memo of 16 March 1995, we offer the following comments on your questions:
1)
Due to the relatively small addition of impervious surface from the proposed new
dwelling, it is unlikely that any large-scale impacts on the downstream properties will
occur. According to the runoff results calculated by Mr. Knaeble, the total runoff
volume in the lOO-year event will increase about 18 percent. This is a relatively
small change, especially in light of the very small volume difference involved (lO20
cubic feet, or 0.02 acre-feet).
.
Perhaps more importantly, the culvert under "Third Street" should easily be able to
handle the increased runoff rate. Using the raw data supplied by Mr. Knaeble, the
runoff rate that must be handled by the existing culvert in the 100-year event will
increase from about 1.8 cubic feet per second (CFS) under existing conditions to 2.1
CFS with the proposed changes. The existing culvert will easily handle these types
of rates, assuming that there is a positive outlet to Lake Minnetonka from the outlet
of this culvert (i.e. how well does the culvert under Birch Bluff function?).
2)
To improve the drainage in this area, a positive outlet to Lake Minnetonka must be
developed. The Preliminary Plat shows an inlet to a culvert under Birch Bluff Road,
but it is unclear where this culvert outlets. Finding the outlet, followed by cleaning
and perhaps televising the line would probably answer a lot of questions about its
capacity to provide drainage to the area.
As a final comment, please note that the elevations of the low areas abutting ''Third Street"
are very close to the high water mark of lake Minnetonka. Therefore, it may be
H:\5572.oo\ CIVIL \03179S.BJN
=1\ (oA'a
Equal Opportunity Employer
Mr. Bradley J. Nielsen
City Planner
City of Shorewood
March 17, 1995
Page 2
safe to assume that the wetlands are closely associated hydrologically with the Lake. If this
is the case, the level of water in the wetlands may depend much more on the level of Lake
Minnetonka than on surface runoff and drainage to and from them.
Sincerely,
ORR-SCHELEN-MA YERON
& ASSOCIATES
.
Joel A Dresel, P.E., L.S.
City Engineer
.
H:\SS7200\CIVlL \031'l9S.BJN
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MAYOR
Robert Bean
COUNCIL
Kristi Slover
Bruce Benson
Jennifer McCarty
Doug Malam
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 . (612) 474-3236
:MEMORANDUM
TO:
FROM:
DATE:
RE:
FILE NO.:
Planning Commission, Mayor and City Council
Brad Nielsen
1 March 1995
Elsen, Corky - Proposed P.D.D.
405 (95.04)
BACKGROUND
Mr. Corky Elsen recently completed construction of a home at 5290 Howard's Point Road (see
Site Location - Exhibit A, attached). The permit for the home was based upon an approved site
plan (Exhibit B) which conformed to Shorewood's zoning requirements for the R-IA/S,
Single-Family ResidentiallShoreland district. The approved plan included a driveway with a
. "T" turnaround. As part of the fmal inspection of the home it was discovered that the driveway
had been enlarged to loop back to the street, and patios were added on the lake side of the
house which were not shown on the approved plan (see Exhibit C). This results in two zoning
violations: 1) too many driveways for the amount of street frontage; and 2) excess hard cover
area - approximately 35 percent rather than 25 percent.
The applicant was allowed to occupy the structure, subject to his entering into an escrow
agreement in which he agreed to correct the violation (see Exhibit D). Mr. Elsen now wishes
to explore alternatives to removing the excess driveway and hard cover. In order to comply
with the intent of the Zoning Code, the applicant proposes to limit the number of driveways
and hard surface area on the vacant lot which he owns to the south of the subject property (see
Exhibit E). To accomplish this he proposes a limited planned unit development (P.D.D.) for
which he has requested a conditional use permit.
The northerly lot with the house on it contains 35,456 square feet of area and has 170 feet of
frontage on Howard's Point Road. Existing hard cover on the site totals 12,666 square feet, or
36 percent. The southerly vacant lot contains 45,080 square feet of area and has 244 feet of
frontage on the street. The applicant proposes to record a protective covenant which would
limit the southerly lot to one driveway and 7468 square feet of hard cover area. These
limitations are set forth in his proposed Declaration and Notice of Restrictions attached as
Exhibit F.
A Residential Community on Lake Minnetonka's South Shore
~CDB
.
.
Re: Elsen, Corky
Proposed P.D.D.
1 March 1995
ANAL YSIS/RECOMMENDATION
Section 1201.03 Subd. 5.d.(6)(j) of the Zoning Code limits the number of driveway accesses
to one per 120 feet of street frontage. Whereas the applicant's northerly lot (shown as Parcel
A) is allowed one driveway access, the southerly lot (Parcel B) will be allowed to have two
driveways. The applicant proposes to swap the rights of the two properties. This restriction is
set forth in provision .1.) of the applicant's declaration.
Section 1201.26 Subd. 5.a.(5) of the Zoning Code limits the amount of impervious surface on
a lot to 25 percent of the lot area. With 12,666 square feet of hard cover, Parcel A has nearly
36 percent of its area covered with impervious surface. Similar to the driveway issue the
applicant proposes to transfer hard cover rights from Parcel B to Parcel A. Provisions 2.) of
the applicant's declaration addresses this.
It must be stated that this request is stretching the use of planned unit development. The
applicant initially proposed to resubdivide the two lots, gerrymandering the common lot line so
that Parcel A had 240 feet of frontage. This would have resulted in extremely poor lot design,
approval of which would not have been recommended.
Another alternative which was considered was a variance request. The request did not qualify,
however, since reasonable use of the lot could be made and the circumstances necessitating the
variance were brought on by the owner or his representatives.
A liberal view of this request suggests that the two lots, taken as a whole, could have three
driveways, which is what is proposed. Similarly, the two lots could have 20,134 square feet
of impervious surface. If Parcel A has 12,666 square feet of the total allowable hard cover,
restricting Parcel B to 7468 square feet would result in no more than 25 percent for the total
property .
It is worth noting that a portion of the hard cover on Parcel A consists of landscape rock over
plastic. Shorewood's policy has been to not count landscape areas if they are covered with
porous landscape fabric. This is important because the proposed 7468 square feet of hard
cover for Parcel B is considered to be unrealistic. A future owner of Parcel B will likely want
more lot coverage than 17 percent. Although the applicant's declaration proposes to allow
additional future hard cover by reducing hard cover on Parcel A, it is recommended that this
problem be addressed now.. It is suggested that the rock landscape areas be redone with
landscape fabric. The resulting hard cover should then be provided to Parcel B.
If this transfer of development rights is considered reasonable, it is recommended that the
applicant be granted concept and development stage approval for the P.D.D. Final plan
approval should include a revised hard cover calculation based on changing landscape plastic to
fabric. As a last note the protective covenants should be amended to include the City as a
signator. That way, any future amendment of the declaration must involve the City.
cc: Jim Hurm
Tim Keane
Corky Elsen
Jim Parker
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Exhibit A
SITE LOCATION
Elsen P.D.D.
748.81 RES
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APPROVED SITE PLAN
Building Permit Issued May '94
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Exhibit C
PROPOS
As built ED SITE PLAN
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1:'::/"'1/34 18: 19
3: 612 474 1il1Zl:l
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ESCROW AGREEMENT
THIS AGREEMENT is made this 1 st day of December
by and between the CITY OF SHOREWOOD (the "City") and
H.N. "Corky" Elsen (buyer) and Steiner and Koppelman (builder)
(the "Obligees").
WHEREAS, the Obligees have agreed to undertake and complete certain obligations within
a time period specified in this Agreement; and
. 192!.
WHEREAS. the City desires to secure this obligation and provide for appropriate fmancial
resources to undertake and complete such obligation in the event of default by the Obligees; and
WHEREAS, the City and the Obligees agree that this Agreement is an appropriate
instrument by which to secure the Obligees' performance and the City's remedy in the event of
default.
.
NOW, THEREFORE, in consideration of the Recitals (which are incorporated herein) and
the mutual covenants contained i~ this Agreement. the City and Obligees hereby agree as follows:
1) Oblieation of the Obliiees- The Obligees shall undertake and complete the
following obligations (s): Correct driveway at 5290 Howard'~ Point Road to comply with
approved buildin~ plans and Shorewood zonin~ requirements
.
(the "Obligation").
2) Time Period - The Obligees shall undertake, perform, complete, and satisfy the
Obligation on or before 1 May , 19~ (the "Completion Date").
3) Escrow of Security - Upon execution of this Agreement, the Obligees shall
immediately deposit with the City cash security, or Letter of Credit in form and substance
acceptable to the City, in the amount of one thousand Dollars ($ ] 000 )
(the "Security") which is equal to one hundred fifty percent (150%) of the estimated cost of
performance of the Obligation.
4) City Remedy - If the Obligees do not complete performance of the Obligation on or
before the Completion Date (the Default), then the City may elect to undertake and complete the
Obligation of the Obligees and draw upon the Security in an amount necessary to complete the
Obligation. The City shall, within sixty (60) days of Obligees' Default, give written notice to
Obligees of City's intent to (a) undertake performance of the Obligation or (b) waive the City's
right to pursue such remedy pursuant to Section 5 of this Agreement. If the City elects to
undertake performance of the Obligation, it shall complete the same within 30 days of its
notice to Obligees. The City shall return any unused portion of the Security to the Obligees within
sixty (60) days of completion of the Obligation. Notwithstanding the remedy provided in this
Section 4, tbe City may take additional action at law or in equity to enforce performance of the
Obligation.
5) W siver of Rieht to Undertake Obligation - The City may elect to waive its right to
undertake and complete the Obligation by sending written notice to the Obligees within sixty (60)
days of Obligees' Default In the event that the City waives such right to undertake and complete
the Obligation, the City shall return the Security to the Obligees. In such event. this Agreement
shall terminate upon receipt of the Security by the Obligees.
Exhibit D
CURRENT ESCROW AGREEMENT
Dated 1 December 1994
,
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12/1iH/94 18:21
~ 612 474 0128
~!IY - ~nu~~wuuv
6) Entry Easement - The Obligees hereby grant the City an entty easement, as
reasonably convenient and necessary for the City, to enter onto Obligees' property to allow the
City to undertake and complete the Obligation in the event it elects to pursue this remedy.
7) Indemnification of the Ci~ - The Obligees agree to hold harmless and indenmify the
City, their officers, employees, representatives and agents from any and all liabilities, demands,
claims for loss, damage, or personal injury arising out of or from the City's performance of the
Obligation.
.
.
8) Miscellaneous Provisions -
(01) Notices and Demands - A notice, demand, or other conununication under this
Agreement by either party to the other shall be deemed sufficiently given or delivered if it is
dispatched by registered or certified mail, postage prepaid, return receipt requested,
addressed to the party at the addresses listed below. Either party may designate another
party or attorney for receipt of notice under this Section by designating, in writing, and
forwarding such writing to the other party as provided in this Section. In the case of the
City, notices shall be mailed to:
Attention: City Administrator
City of Shorewood
5755 Country Club Road
Shorewood, Minnesota 55331
In the case of the Obligees, notices shall be mailed to:
H.N. "Corky" Elsen
5290 Howard's Point Road
Shorewood. MN 55331
and
Steiner and Koppelman
3610 South Hi~hw~ 101
Wayzata. MN 55391
(02) Successors and Assigns - This Agreement shall be binding upon and inure to the
benefit of the parties and their respective successors and assigns.
(03) Amendment or Modification - No change, amendment, or modification to, or any
extension of provisions provided under this Agreement shall be valid unless in writing and
signed by the Parties to this Agreement.
(04) Law Governing - This Agreement shall be governed by and construed in
accordance with the laws of the State of Minnesota and enforced in courts having
jurisdiction within the State of Minnesota.
-2-
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first above written.
CITY OF SHOREWOOD
By:
By:
OBUGEES
By:
~~~~/
H.N. "Corky" Elsen
Steiner and Koppelman
By:
;:JtaViI rIlttM
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Exhibit E
SURVEY - BOTH LOTS
JOB NO. .
ADVANCE SURVEYING & ENGINEERING CO.
5300 Highway 101
Minnetonka, MN 55345
Phone (612) 4747964
Fax (612) 4748267
February 6, 1995
Attention: Brad Nielson
Honorable Mayor and City Council
City of Shorewood
5755 Country Club Road
Shorewood, MN 55331
Re: Horseshoe driveway at 5290 Howard's Point Road
Ladies and Gentlemen:
Corky Elsen would like to have a circular or horseshoe shaped driveway at
~s residence. He has caused a set of protective covenants to be drafted
~r your review to insure that your ordinances are met on the property that
he owns. He is making application for a PUD on his two adjacent tracts so
that he can take advantage of the total area and frontage of both tracts.
He is vacationing in Florida at this time but has asked me to make
application for him. We have prepared a survey of the properties and
attach that to our application. He asked me also to mention to you that
there are other properties in the neighborhood with more than one driveway
entrance that do not meet the ordinance requirement of 120 feet per drive.
He intends to meet that requirement for the PUD but points out the other
properties to show that a double entrance driveway would not be out of
character for the neighborhood. A couple of examples would be 5270 (right
across the road) and 5285 Howards Point Road.
~fortunatelY, Corky was unaware of the 120 foot per driveway requirement
when he built the'driveway on one of his parcels but wants to do what is
required to make the situation right. He has indicated that he can return
from Florida for your meeting if you think it would be helpful.
Sincerely,
ADVANCE
/ James H. Parker, P.E. & P.S. No. 9235
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Exhibit F
APPLICANT'S REOUEST LETTER
Dated 6 February 1995
DECLARATION AND NOTICE 0'
RES'1'llIC'1'IONS
THIS DECLARATION is made this day of
1995, by Herman N. Elsen and Elaine M. Elsen, (hereinafter
referred to as "Declarants").
A. Declarants are the owners of the Northerly and
Southerly Parcels, legally described on Exhibits A and B at-
tachea hereto and made a part hereof.
B. Declarants desire to impose certain covenants, con-
.
ditions, and restrictions, affecting the Northerly and South-
erly Parcels as follows.
DECLARATION
NOW, THEREFORE, Declarants hereby declare that the
Northerly and Southerly Parcels are, and shall be trans-
farred, held, sold, conveyed, occupied and developed, subject
to the followinq restrictions:
.
1.) No more than one driveway entrance providing in-
gress and egress to and from the public road abutting the
Southerly Parcel shall be constructed on the Southerly Par-
eel.
2.) The amount of "hard surface", as defined by Ordi-
nances of the City of Shorewood, on the total Planned unit
Development, consisting of both the Northerly and Southerly
Parcels, Shall be limited to no more than 20,134 square feet.
As of the date h~reof,
the amount of hard cover or the
Northerly Parcel is 12,666 square feet. Unless and unti: the
owners of the Northerly Parcel aqree by written instrument to
reduce the amount of existing hard cover on the Northerly
~arcel, the maximum amount of hardcover on the Southerly Par-
..
cel is limited to 7,468 square feet. In the event of an
agreed reduction, for every square foot that the Northerly
Parcel ground cover is permanently reduced, the hard cover
allowable on the Southerly Parcel is to be increased a com~
mensurate amount.
IX WITNESS WKBRBOr, the Declarants have caused this Dec-
laration and Notice to be duly executed.
Herman N. Elsen
Elaine M. Elsen
.
STATE OF MINNESOTA )
) ss
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this
day of
,
19
by Herman N.
Elsen
and Elaine M. Elsen, husband and wife, as Declarants.
Notary
. This Instrument drafted by:
STANOKE, GREENE, & GREENSTEIN,
17717 Highway 7
Hinnetonka, Minnesota 55345
.
.
--- "_-'.J...ol;.. ""'tr,,+-.=::;;::)(;:)
t:t803 P04
COHsmrr
The undersigned mortgagee, of the Southerly and/or
Northerly Parcels, hereby consents to the foregoing Declara-
tions and Notice of Restrictions.
STATE OF MINNESOTA )
) ss
COUNTY OF HENNEPIN )
The toregoing instrument was aCknowledged before me this
aay of
, 19_ by
a
on behalf of
,
Notary
.
.
)5 MON 13:05 ID::::iIHNLJKI::. ~I'(I::.I::.N~ It:.:.. "'-"'-'.~
EXHIBIT A
LEGAL DESCRIPTION OF NORTHERLY PARCEl,.:
That part of Lots 4t 5, 7t and 8t Howards Point, Hennepin County, Minnesota described as
follows:
Commencing at the northeast comer of Lot 3 in said Rowards Point; thence on an assumed
bearing of West along the North line of said Lot 3 a distance of 100.80 feet; thence on a bearing
of South a distance of 43.70 feet; thence South 18 degrees 35 minutes East a distance of 202.80
feet; thence South 47 degrees 28 minutes East a distance of 133.30 feet to the point of beginning
of the tract of land to be described; thence continuing South 47 degrees 28 minutes East a
distance of 287.50 feet; thence South 13 degrees 47 minutes East a distance of 126.52 feet;
thence North 71 degrees 45 minutes West a distance of 186.40 feet; thence South 65 degrees 49
minutes West a distance of 163.80 feett more or less, to the shore of Lake Minnetonka; thence
northwesterly along the shore of Lake Minnetonka to a point in a line bearing South 60 degrees
42 minutes West from the point of beginning; thence North 60 degrees 42 minutes East a
distance of 209 feet, more or less, to th~ point of beginning;
Which lies northerly of the following described line:
Commencing at the northeast comer of Lot 3 in said Howards Point; thence on an assumed
bearing of West along the North line of said Lot 3 a distance of 100.80 feet; thence on a bearing
of South a distance of 43.70 feet; thence South 18 degrees 35 minutes East a distance of202.80
feet; thence South 47 degrees 28 minutes East a distance of 303.30 feet to the point of beginning
of the line to be described; thence South 67 degrees 52 minutes 58 seconds West a distance of
282 feet, more or less, to the shore of Lake Mirmetonka, and there terminating.
.
.
EXHIBIT B
"
LEOAL QESCRlPTIQN OF SOUTHER!.. Y PARCEL:
That part of Lots 4, 5, 7, and 8, Howards Point, Hennepin County, Minnesota described as
follows:
Commencing at the northeast comer of Lot 3 in said Howards Point; thence on an assumed
bearing of West along the North line of said Lot 3 a distance of 100.80 feet; thence on a bearing
of South a distance of 43.70 feet; thence South 18 degrees 35 minutes East a distance of 202.80
feet; thence South 47 degrees 28 minutes East a distance of 133.30 feet to the point of beginning
of the tract of land to be described; thence continuing South 47 degrees 28 minutes East a
distance of 287.50 feet; thence South 13 degrees 47 minutes East a distance of 126.52 feet;
thence North 71 degrees 45 minutes West a distance of 186.40 feet; thence South 65 degrees 49
minutes West a distance of 163.80 feet. more or less, to the shore of Lake ~finnetonka; thence
northwesterly along the shore of Lake Minnetonka to a point in a line bearing South 60 degrees
42 minutes West from the point of beginning; thence North 60 degrees 42 minutes East a
distance of 209 feet, more or less, to the point of beginning;
Which lies southerly of the following described line:
Commencing at the northeast comer of Lot 3 in said Howards Point; thence on an asswned
bearing of West along the North line of said Lot 3 a distance of 100.80 feet; thence on a bearing
of South a distance of 43.70 feet; thence South 18 degrees 35 minutes East a distance of202.80
feet; thence South 47 degrees 28 minutes East a distance of 303.30 feet to the point of beginning
of the line to be described; thence South 67 degrees 52 minutes 58 seconds West a distance of
282 feet, more or less, to the shore of Lake Minnetonka, and there terminating.
.
.
CITY OF SHOREWOOD
OFFICIAL SUMMARY OF ORDINANCE NO. 298
The following is the official summary of Ordinance No. 298, approved by the City Council
of the City of Shorewood, Minnesota on 27 March 1995.
ORDINANCE NO. 298
AN ORDINANCE AMENDING CHAPTER 1101 OF THE SHOREWOOD CITY CODE
RELATING TO FLOOD PLAIN MANAGEMENT REGULATIONS
This Ordinance updates the Shorewood City Code to comply with requirements of
the National Flood Insurance Program. It identifies areas which are subject to periodic
inundation, and establishes regulations for the use of land in such areas. Standards
pertaining to the subdivision of land, construction of buildings and the placement of utilities
are set forth in the Ordinance. Administrative procedures are established for record keeping
and the obtaining of permits and variances.
This amendment replaces Chapter 1101 in its entirety. A complete copy of the
Ordinance is available for inspection by any person at the office of the City Clerk and at the
Excelsior Library.
Robert B. Bean, Mayor
ATTEST:
James C. Hurm, City Administrator/Clerk
["C"
.
.
..
April 6, 1995
OS;\\.- Orr
. . . - . Schelen
; / - --. -- ... ~eI'9n&
AsSociates, Inc.
300 Park Place East
5775 Wayzata Boulevard
Minneapolis. MN 55416-1228
612-595-5775
1-800-753-5775
FAX 595-5774
Engineers
Architects
Planners
Surveyors
Honorable Mayor and City Council
City of Shorewood
5755 Country Club Road
Shorewood, MN 55331
Re: Water System Improvements
Proposed Resolution
OSM File 5572.00
Dear Mayor and Council Members:
At their April 4, 1995 meeting, the Planning Commission recommended that the Council
include additional water system improvements to those currently under study. Therefore,
we have attached a draft resolution for your consideration that includes these additions.
We anticipate the cost of adding these sections to the feasibility report ordered at the last
meeting to be about $5,000. Please call me at 595-5695 with any questions.
Sincerely,
ORR-SCHELEN-MA YERON
& ASSOCJAj} /l
,(L /;LL
Joel A Dresel, P.E., LS.
City Engineer
Enclosure
H:\CML\NM\JAD\RESOLUI'N\RPf-IMPR.RS
~~\
Equal Opportunity Employer
.
.
~
CITY OF SHOREWOOD
RESOLUTION NO. 95-_
A RESOLUTION ORDERING PREPARATION OF REPORT ON
WATER SYSTEM IMPROVEMENTS
WHEREAS, it is proposed to make water system improvements to the
Boulder Bridge and Badger Field Water Systems; and
WHEREAS, on March 27, 1995 the City Council ordered a feasibility study to be
prepared on some of these improvements, including a water storage tank; and
WHEREAS, additional improvements are now proposed to include the following;
and
1) A trunk main extension along Smithtown Road from Cathcart Drive to Eureka Road
(south Eureka),
2) A trunk main extension along County Road 19 between Srnithtown Road and Glen
Road.
WHEREAS, it is proposed to assess the benefited property for all or a portion of
the cost of the improvements, pursuant to Minnesota Statutes, Chapter 429.
NOW, THEREFORE BE IT RESOLVED by the City Council of
Shorewood, Minnesota that the proposed improvement be referred to the City Engineer for
study and that he is instructed to report to the Council with all convenient speed advising
the Council in a preliminary way as to whether the proposed improvements are feasible and
as to whether it should best be made as proposed or in connection with some other
improvement, and the estimated cost of the improvement as recommended.
1995.
ADOPTED by the City Council of the City of Shorewood this 10th day of April,
ROBERT B. BEAN, MAYOR
ATTEST:
JAMES C. HURM, CITY ADMINISTRATOR
~ "l)~
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- .
.
.
.
MEMORANDUM
TO:
FROM:
DA1E:
RE:
Fll..E NO.
CITY OF
SHOREWOOD
MAYOR
Robert Bean
COUNCIL
Kristi Slover
Bruce Benson
Jennifer McCarty
Doug Malam
5755 COUNTRY CLUB ROAD. SHOREWOOD. MINNESOTA 55331-8927 · (612) 474-3236
Mayor and City Council
Brad Nielsen
6 April 1995
Luke, Daniel - Appeal Notice to Remove
Property - 25040 Smithtown Road
Mr. Daniel Luke has asked for additional time to comply with a Notice to Remove which
was sent to him in February (see Notice, Exhibit A attached). This request should have
appeared on the 27 March agenda, but was misplaced by this office. Assuming that the
appellant would have been given 30 days from that date to comply with the Notice, the
property would have to be brought into compliance by 27 April. A recent inspection of the
site revealed that good progress toward compliance has been made.
It is recommended that Mr. Luke be given until 27 April 1995 to correct all violations. If he
fails to comply by this deadline, the City will, without further notice, take further action to
have the items removed.
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
Daniel Luke
A Residential Community on Lake Minnetonka's South Shore
~,~.
....:---
MAYOR
Rooert Bean
PROPERTY
FILE Kri~~~~~~
Bruce Benson
J'ennlfer McCarty
Doug Malam
---
CITY~
SHOREWOOD
5755 COUNTRY CLUB ROAD · SHOREWOOD. MINNESOTA 55331.8927 . (6121474-3236
27 February 1995
Mr. Daniel E. Luke
25040 Smithtown Road
Shorewo~ MN 55331
.
Re: Zoning Violations -25040 Smithtown Road
P.l~. 33-117-23-2~3
Dear Mr. Luke:
Our office has received neighborhood complaints alleging that certain City Code violations exist on
your property at the above-referenced address. Upon inspection of the premises. the allegations
were found to be accurate.
The following violation of Shorewood's Zoning Code (Chapter 1201). Permitted Accessory Uses,
was found:
.
Trailer with ice house, Lie. No. :M28-526 (95) . not registered to occupant
of property .
Red GMC dump truck Lie. No. YU63368 (195) - not registered to occupant
of property and exceeding gross vehicle weight allowance
Trailer for skid steer Lie. No. CTZ7227 (E95) . not registered to occupant
of property
Boat, Lic No. MNS158 AG (94) . not registered to occupant of property
and located within the setback area
.
.
.
.
Recreational vehicles and equipment may be stored within the buildable area of a lor. but such use
of property is restricted to the owner or occupant of said property. Private garage space can be
. rented or provided to nonresidents of the property for private passenger vehicles and/or
noncommercial vehicles. traile~ or equipment if sufficient off-street parking in full compliance
with City Code is provided elSewhere on the property.
This is to advise you that the violations must be corrected by 7 March 1995. after which your
property will be reinspected for compliance. Failure to comply will result in the matter being
turned over to the City Attorney for further legal action.
If you wish to appeal this order to the City Council. you must do so in writing, by 7 March 1995.
Your appeal must state why you can noe or will noe correct the violations. or if you request
additional time for compliance. how much time. Your written appeal will stop further action until
such time as the City Council has considered the matter.
Exhibit A
A Residential Communiry on Lake Minnetonka's South Shore
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Th~5 )e-J-f-e, 75 jy\ r-e)p~1l5e
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J: GV as i Y\ .po, Y1A e d C/.bou.. + C.Y\.. yYt 7'
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J: ;;z M Co.. 'r'('e h + Y ~C1C 'r k 1- y,\ 3 G i1..
. Comy)y"Y\S w;+k.-j-~e5e V70}2+jCh Sj
'oiA7- :I l.A)~jf need dhcu.+ -}-CAJO
~ )11c'\e. wEe jc-$ +0 +~)1:5 h.
~~~
DANIEl. E. II ~
2S04o SM lIoW"C: ..
SHoREW~mn
.
Exhibit B
~;) ~-"
MEMORANDUM .
.
TO:
FROM:
DAlE:
RE:
FILE NO.
.
CITY OF
SHOREWOOD
MAYOR
Robert Bean
COUNCIL
Kristi Slover
Bruce Benson
Jennifer McCarty
Doug Malam
5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331.8927 · (612) 474-3236
Mayor and City Council
Brad Nielsen
6 April 1995
Ohland, Keelo - Appeal Notice to Remove
Property - 25070 Srnithtown Road
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
Keelo Ohland
A Residential Community on Lake Minnetonka's South Shore
tf,f:
MAYOR
Flobert Sean
CITY OF
SHOREWOOD
COUNC:l.
KriSti Slover
Sruca Senson
Jennifer McCarty
Doug Malam
5755 COUNTRY CLUB ROAD · SHOREWOOD. MINNESOTA 55331.8927 · (612) 474-3236
DATE: 3 March 1995
TO: Dan and Keilo Ohland
25070 Smithtown Road
Shorewood.. MN 55331
PROPERTY LOCATION: 25070 Smithtown Road
PROPERTY IDENTIFICATION NO.: 33-117-23-24-0002
. NOTICE TO RElVIOVE
Offensive and Unhealthv Substances
NOTICE IS HEREBY GIVEN that there exists a condition on the above referenced property which
is in violation of Chapter 501, Section 501.01 of the Shorewood City Code. a copy of which
Section is enclosed. The offensive matter to be removed from the property includes. but is not
limited to the following:
Approximately 1500 cu. yds. of logs; 20 cu. yds. rocks; 20 cu. yds. dirt;
retaining wall material; tires; fencing; leaves; crate; box; trailer-no license;
tanks; truck racks; beam; plows; two skid steers; skid steer equipment; tree
chipper; truck dump box; pipes; drums; truck parts; vehicle hood; windows;
miscellanous construction debris and trash..
You are hereby required to remove the above-described matter and any other offensive matter
. located on the property and in violation of Chapter 501. Section 501.01 within ten (10) days from
the date hereof. In the alternative. you may file a written notice of appeal at the Shorewood City
Hall within ten (10) days. in which case your appeal will be set for hearing at the next regularly
scheduled meeting of the City CounciL .
If you do not respond to this Notice within ren (10) days. the City shall take whatever action as
may be necessary to have the offensive matter removed. The costs incurred by the City for such
removal shall be charged to the property owner and become a lein against the property.
*** PLEASE GIVE THIS iVIATTER YOUR IMlVlEDIATE ATTENTION ***
BY ORDER OF THE SHOREWOOO CITY COUNCIL
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Exhibit A
A Residential Community on Lake Minnetonka's South Shore
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MAR t3~
lVfarch 13, 1995
City of Shorewood
5755 Country Club Road
Shorewood, MN 55331-8927
Attn: Brad Neilsen
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Per your letter dated March 3, 1995 and our conversation of March 9, 1995, the following
letter is to describe how we plan to de:1l with the items listed in that letter. We currently have a
Grandfather Clause to run our business from the property located at 25070 Smithtown Road,
Shorewood. The items such as 20 Cll. yds. rocks; 20 Cll. yds dirt; retaining wall material; truck
racks; plows; two skid steers; skid steer equipment; tree chipper; truck parts and truck dump box
are all business related Some of the other items listed in the letter such as tires; leaves; crate;
tanks; beam pipes; drums; vehicle hood; windows and miscellaneous constrUCtion debris and trash
'Will be removed, stored or cleaned up right away. The trailer with no license will be removed right
away. The only item in the lener left to de:1l with is the 1500 Cll. yards oflogs, we have someone
interested in removing the logs from the property but with the road restrictions currendy being on
we will not be able to move the logs until the road restrictions come off which is usually around
May 1, 1995.
. Should you have any questions regarding this matter, please feel free to give us a call at 471-
7468.
Sincerely,
~~i)
Keelo Ohland
Exhibit B
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CITY OF SHOREWOOD
RESOLUTION NO. #95-
A
WATER
RESOLUTION SETTING PARAMETERS FOR A
SYSTEM SPECIAL ASSESSMENT POLICY PROJECT
WHEREAS, the City Comprehensive Plan calls for a
three-phased expansion of the municipal water system; and
WHEREAS, said expansion includes the following
objectives:
1. Extend watermain to new developments where feasible.
2. Enhance the safety and reliability of the existing
system on the west end, and throughout the City.
3. Construct a water tower 'on the Minnewashta Elementary
School site in order to establish the elevated storage
crucial to objective #2.
4. Establish fees for developments where extensions of the
system are not imminent.
5. Evaluate and adopt an assessment policy which:
· Addresses assessment of property as service is
provided.
· Takes into consideration the City's ability to
finance said assessments in order to mitigate
the financial burden to existing homeowners.
· Determines at what point connection to the
system may be required, or as an alternative, at
what point minimum charges begin accruing.
· Budgets for capital improvements.
· Establishes flat rate assessments on a unit
basis (i.e. all lots regardless of size pay the
same assessment); and
WHEREAS, many, but not all, assessment policy
questions are addressed in the Comprehensive Plan and the
proposed street reconstruction assessment ordinance; and
WHEREAS, the City Council wishes to establish a
thorough Water System Assessment Policy.
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RESOLUTION #95-
Page 2 of 3
NOW, THEREFORE BE IT RESOLVED by the City
Council of the City of Shorewood that a temporary Water
System Special Assessment Advisory Group is created to work
with the City Council in developing a thorough water system
assessment policy which shall operate within the following
parameters:
Purpose of Advisory Group: The group shall review
and make recommendations on policy questions being
considered by the City Council regarding water system
special assessment and financing policy questions.
Objectives: The Advisory Group shall work with the
City Council by commenting on alternative formulas for
special assessments as well as alternative formulas
for financing said assessments taking into
consideration:
.
· Total project costs;
· Current and future financial strength of the
City's General Fund and Water Fundi
· Equitable assessment of costs (i.e. discounts
for senior citizens, low income families,
existing homeowners versus new development,
etc.); and
· Funding for deferred maintenance
(depreciation) .
.
The Advisory Group shall work with the City Council in
reviewing financial projections prepared by the staff
and consultants, and make comments and recommendations
to the City Council.
committee Make-up: The City Council shall act as a
Committee of the Whole in conjunction with an Advisory
Group of citizens made up of one person from each of
the four areas of the City as defined for the
Comprehensive Plan neighborhood meetings. The City
Administrator, Finance Director and City Engineer
shall be non-voting members and provicle staff support.
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RESOLUTION #95-
Page 3 of 3
Procedure: Meetings shall be set by the City
Council. The City Administrator will send a notice of
the time and place of the meeting, and an agenda to
the Advisory Group. Notice will be posted at regular
locations and mailed to the press at least 72 hours in
advance of the meeting.
Sunset: The mission of the Advisory Group shall be
completed and shall cease to exist on June 30, 1995.
The City Council may expand the purpose or the life of
the Group by Council resolution.
PASSED AND ADOPTED by the City Council of the
City of Shorewood this 10th day of April, 1995.
Robert B. Bean, Mayor
ATTEST:
James C. Hurm, City Administrator
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CITY OF SHOREWOOD
RESOLUTION NO. 95-
A RESOLUTION MAKING APPOINTMENTS TO THE
WATERMAIN ASSESSMENT ADVISORY GROUP
WHEREAS, the City Council wishes to solicit the
advise of residents in each of the four neighborhoods as
identified for the Comprehensive Plan neighborhood meeting
process in establishing watermain special assessment
policies; and
WHEREAS, Resolution 95-
advisory group.
establishes said
NOW, THEREFORE BE IT RESOLVED by the Shorewood
City Council that the following individuals are appointed to
said advisory group to work with the City Council in
establishing watermain installation special assessment
policies:
Name
Address
PASSED AND ADOPTED this 10th day of April, 1995.
Robert B. Bean, Mayor
ATTEST:
James C. Hurm, City Administrator/Clerk
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CITY OF SHOREWOOD
RESOLUTION NO. 95-
A RESOLUTION REQUESTING INCREASED
LOCAL FLEXIBILITY IN THE USE OF CDBG FUNDS
WHEREAS, the City of Shorewood through execution
of a Joint Cooperation Agreement with Hennepin County, is
cooperating in the Urban Hennepin County Community
Development Block grant Program (CDBG); and
WHEREAS, the City of Shorewood developed a
proposal for the use of Urban Hennepin County CDBG funds made
available to it, and held a public hearing to obtain the
views of the citizens on local needs and priorities; and
WHEREAS, the Southshore Senior Center using CDBG
funds has for many years provided a valuable service to the
elderly of our community; and
WHEREAS, the Federal mandate limiting the amount
of Urban County CDBG funds available for eligible services to
only 15% of the total available has this year created a major
funding crisis for our local Southshore Senior Center and
will see a decline in services available; and
WHEREAS, the City of Shorewood understands local
conditions and needs better than H.U.D.
NOW, THEREFORE BE IT RESOLVED that the City
Council of the.City of Shorewood requests Congress and the
President of the United States to remove the 15% mandate or
allow increased local flexibility in the percentage of CDBG
funds allowed to be allocated for services to eligible
persons.
PASSED AND ADOPTED THIS 10th day of April, 1995.
Robert B. Bean, Mayor
ATTEST:
James C. Hurm, City Administrator/Clerk
1t9
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~SENIOR COMMUNITY SE~~.
10709 Wayzata Blvd.. Suite 111, Minnetonkaf!'~ .~~OS'" ~.. If 1019
Ilj li ,~~ k I] 6 199t; IWi
BOARD of DIRECTORS . Ie. ::)t'J
! y
Daralyn Pelfer----..~:::.. _
pf9sident
Dear Mayor and Councilmembers:
Mary Anderson
Nelson Berg
Laureen Bodin
John C. Boeder
Lucille Crow
Robert DeGhetto
Dwight Johnson
Tad Jude
John Keefe
John Nelson Sincerely ~[J
Senator Gen olson"'p' ) ~ I
Lawrence Schram ()~ ., ~
Benjamin F. With hart ;/
ExecutiveDirector& CEO. en min F. Withhart
PROGRAMS xecutive Director
Bob Zagaros
1st Vice President
Ryan Schroeder
2nd V'1C9 Pf9sident
William H. Gray
Seaetaty
Kevin Krueger
Treasurer
Tom Tleen
Past President
Marty Gurltz
Member-at-Large
Aiko Higuchi
Member-at-Large
. Community
Senior Groups
Fax 541-0841
Cities in the lake area are being forced to change their
allocations of Community Development Block Grant (C.D.B.G.)
funds because of a 15% county-wide cap mandated by H.U.D. We
respectfully ask for your support in our attempt to have the 15%
limit lifted or changed. The proposed change would be
revenue/tax neutral for a city, and would give the local City
Council more control over allocation of local C.D.B.G funds.
The Board of Directors of Senior Community Services is urging
our Congressional Delegation's support to lift or change the 15%
cap. The support of cities would be very helpful. Our local
senior citizens program is scheduled to absorb over 800/0 of the
total C.D.B.G. cuts (reallocations) for all of Hennepin County.
.
If I can provide additional information, please contact me at
541-1019. Again, thank you for your consideration and support.
.
Gail Sinkel, Senior Community Services Center Director
Steve Pieh, Senior Community Services Center Director
JoAnn Kvern, Senior Community Services Center Director
Cathy Bailey, Senior Community Services Center Director
Joyce Flury, Senior Community Services Center Coordinator
cc:
· H.O.M.E.
. Multi-purpose
Senior Centers
. Senior Outreach
· Seniors Serving
Business
.
^ united Way
Agency
4' -.". "')00
CITY OF SHOREWOOD
RESOLUTION NO. 95-
A RESOLUTION REVISING PROJECTED USE OF FUNDS FOR
1995 (YEAR XXI)
OF THE URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM
WHEREAS, the City of Shorewood, through execution
of a Joint Cooperation Agreement with Hennepin County, is
cooperating in the Urban Hennepin County Community
Development Block Grant Program; and
.
WHEREAS, the City of Shorewood has developed a
proposal for the use of Urban Hennepin County CDBG'funds made
available to it, and held a public hearing on February 27,
1995 to obtain the views of citizens on local and Urban
Hennepin County housing and community development needs and
the City'S proposed use of $17,996.00 from the Year XXI Urban
Hennepin County Community Development Block Grant.
NOW, THEREFORE BE IT RESOLVED that the City
Council of the City of Shorewood approves the following
projects for funding from the Year Urban Hennepin County
Community Development Block Grant program and authorizes
submittal of the proposal to Hennepin County for review and
inclusion in the Year XXI Urban Hennepin County Community
Development Block Grant Program Statement of Objectives and
Projected Use of Funds.
1995 Year XXI:
.
Protect
Southshore Senior Center Operation
Housing Plan & Implementation of Affordable
Housing Strategies
Rehab of Private Property
Budaet
$ 3,598.00
5,000.00
9,398.00
$17,996.00
ADOPTED by the City Council of the City of
Shorewood this 24th day of April, 1995.
ROBERT B. BEAN, MAYOR
ATTEST:
JAMES C. HURM, CITY ADMINISTRATOR
-E .'*'" ...
PENNY STEELE
COMMISSIONER
t.?IN C
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1?/~E::O~~ lif{ll ~ rc ~ 1I '0~'
1/1 u \.i lSL~1
BOARD OF HENNEPIN COUNTY COMMISSI<Pi i E~PR {I ~ M:I!
A-2400 GoVERNMENT CENTER jU j v 1995/
MINNEAPOLIS, MINNESOTA 55487-0240 i ;
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PHONE 612.348-7887
FAX 612-348-8701
TOO 612.348.7708
April 4, 1995
The Honorable Robert Bean
Mayor of Shorewood
5755 Country Club Road
Shorewood, MN 55331
.
Dear Mayor Bean:
At its March meeting, the Hennepin County Housing and Redevelopment Authority
requested an opinion of bond counsel regarding the HRA's capacity to participate in
the financing of the Southshore Senior Community Center as proposed by the
participating communities. A response is expected within the next two weeks.
Hennepin County is very interested in facilitating this multi-community effort and is
proceeding with necessary steps for this to occur.
I am also aware that the suburban Hennepin County CDBG entitlement program must
make reductions in 1995 public service funding, which may directly impact the
Southshore Senior Center program: It's critical, therefore, that concurrent with the on-
going planning for financing the Center that the five Southshore communities make .
local provision for funding the facility and senior-center program operations.
Best wishes for successful implementation of this program.
Sincerely,
~.~
Penny Steele .
County Commissioner
c: Jim Hurm, Shorewood City Administrator
Sandra Hilary, Chair, Hennepin County HRA
PRINTED ON RECYCLED PAPER
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MEMORANDUM
TO: .
LARKIN, HOFl'MAN, DALY & LINDGREN, LTD.
Attorneys at Law
1500 Norw_ Plnanclal Center
7900 XerxeI AV4mlle Souch
Bloominatod, MirlnelOta 55431
TelephollOl (612) 835-3800
PAXI (612) 896-3333
Jim Hurm, City Administrator VIA ~ACSr.MILB
Tim Keane, City Attorney
April 7, 1995
Shorewood Senior Community Center
FROM:
DATE:
RE:
Please find attached the first drafts of the Shorewood Senior
Community Center Cooperative Agreement among the Cities and the
proposed Lease between the Cities and the Friends of the
Southshore Senior Community Center.
At this time, I request the comments and input from you and the
City Council. I would like to incorporate your thoughts and
revisions and circulate an initial draft to the other cities by
April 14, 1995.
Enclosures
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LEASE
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THIS LEASE is made this ____ day of April, 1995, by and
between the CITImS, consisting of the municipalities of Oeephaven,
Excelsior, Greenwood, Shorewood and Tonka Bay, operating under a
Cooperative Agreement pursuant to Minnesota Statutes S 471.59
("Landlord"), and THE FRIENDS OF SOUTHSHORE SENIOR COMMUNITY
CENTER, a Minnesota nonprofit corporation (IITenantll).
Landlord and Tenant, intending to be legally bound, hereby
covenant and agree as follows:
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ARTICLE 1.
PREMISES
Landlord does hereby lease, demise, and let unto Tenant, and
Tenant does hereby hire and take from Landlord, upon the terms and
conditions set forth herein (the "Leasell), that certain parcel of
real property situated in Hennepin County, Minnesota, legally
described on Bxh~bit A attached hereto and incorporated herein by
reference (the IILand"), sUbject to and together with all easements
and rights-of-way of record, together with all structures now or
hereafter located thereon and all appurtenances thereto (the
IIImprovements"), all of which Land and Improvements are
hereinafter referred to as the Premises.
ARTICLE 2.
TBRM
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The term of the Lease shall commence on ,
1995, and terminate on the earlier of (i) the 25th anniversary of
the commencement date, or (ii) the expiration of the useful life
of the Facility (as defined in ArtiCle 9 hereinbelow), as the
expiration of such useful life is mutually agreed upon by Landlord
and Tenant in writing. If Landlord and Tenant disagree as to
whether the useful life of the Facility has expired, the issue
shall be determined by arbitration in accordance with Article 12
hereof. .
ARTICLE 3.
RENT
3.1) Tenant shall pay to Landlord as the Annual Rent for the
Term an amount equal to One Dollar ($1.00) per year and other good
and valuable consideration.
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4.1) It is the intention and purpose ot the parties hereto
that the Lease shall be a "Net Lease" to Landlord. All costs and
expenses that may b~ necessary in or about the operation of the
Premises, including all hazard and liability insurance, taxes,
special assessments, utilities, maintenance, and repairs, except
as otherwise expressly provided herein, shall be paid directly by
Tenant as "Additional Rent" hereunder. However, Tenant shall not
be obligated to payor to reimburse Landlord for any insurance
that Landlord elects to carry, or any taxes or assessments levied
or imposed against Landlord (in contrast to the Premises) as a
result of Landlord's ownership of the Premises.
4.2) Except as otherwise expressly provided herein, Tenant
covenants and agrees that if at any time it fails to pay any
amount required by the Lease, or to obtain, pay for, maintain, or
deliver any of the insurance policies herein provided for, or
fails to make any other payment or perform any dther act required
to be made or performed by the Lease, then, upon delivery of not
less than thirty (30) days notice and opportunity to cure to
Tenant, or notice for such longer period as is reasonably
necessary to cure if it cannot reasonably be cured within said
thirty (30) days provided that Tenant has commenced cure within
said thirty (30) days and is diligently pursuing such cure,
Landlord, without waiving or releasing Tenant trom any obligation
of Tenant. contained in the Lease, and without any obligation to do
so, may effect any such insurance coverage and pay premiums
therefore and may make any other payment or perform any other act
on the part of Tenant to be made and performed as provided in the
Lease, in such manner and to such extent as Landlord may deem
desirable, and in exercising such right to pay necessary and
incidental costs and expenses.
ARTICLE 5.
TAUS AND ASSESSMENTS
5.1) Tenant shall pay, as Additional Rent hereunder, before
any fine, penalty, interest, or costs may be added thereto for the
nonpayment thereof, all real estate taxes and installments of
special assessments payable during the Te~ of the Lease which
shall during the Term be laid, assessed, levied, or imposed upon,
or shall become payable and a lien upon, the Premises or any part
thereof ("Impositions"). How.v.r, upon the t.ezominat1on of t.his
L...., Landlord .hall r.imbur.e TeDAnt fo~ the value of any public
improvements henefitting the premia.s to the extent paid by
Tenant'. payment of ass.....nts, for example, but without
limit.t1o~, ~oZ' sewer or w.ter connectioD, aoce.. .nd/or lines.
2.
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ARTICLE 6.
UTILITIES
Tenant shall directly payor cause to be paid, as Additional
Rent hereunder, all charges for sewer and water services, gas,
electricity, light, heat, air conditioning, power, telephone, or.
other services or utility used, rendered, or supplied upon or in
connection with the Premises (the "Utilities") during the Term
hereof. Tenant shall contract for the Utilities in Tenant's own
name and shall hold Landlord harmless from any liability or
expense for any such charge.
ARTICLE 7.
REPAIRS, MAINTENANCE, AND ALTERATIONS
Tenant shall, during the Term of the Lease and at Tenant's
expense, keep the Premises and the Facility in good order,
condition, and repair. If Tenant does not keep and maintain the
Premises as herein provided, upon not less than thirty (30) days
notice and opportunity to cure to Tenant, or such longer period as
is reasonably necessary if cure cannot reasonably be made within
such thirty (30) days, so long as Tenant commences cure within
thirty (30) days and diligently pursues said cure, Landlord may,
but need not, make such repairs and replacements, and Tenant shall
pay Landlord, as Additional Rent, the cost thereof upon being
billed for the same. ~. 1" 1.1 .~ FJ
ARTICLE 8. . :." . I
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INSURANCE
9.1) Tenant shall, as Additional Rent hereunder and at .
Tenant's sole COst and expense, keep the Premises, including all
buildings, improvements, furniture, and equipment on, in, or
appurtenant thereto at the commencement of the Term and thereafter
erected thereon or therein, including all alterations,
rebuildings, replacements, changes, additions, and improvements,
fully insured for the mutual benefit of Landlord and Tenant, as
their interests may appear, as named insureds (a) against loss or
damage by fire and (b) against those perils included from time to
time in the standard fOrm of extended ooverage insurance
endorsement.
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8.2) All policies of insurance relating to fire and extended
coverage shall provide that the proceeds thereof shall be payable
to Landlord. All such POlicies of insurance shall provide that
any loss shall be payable to Landlord notwithstanding any act or
omission of Tenant which might otherwise result in a forfeiture or
reduction of said insurance.
8.3) Tenant shall also, as Additional Rent hereunder and at
Tenant's sole cost and expense, but for the mutual benefit of
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Landlord and Tenant, as named insureds, maintain during the Term
of the Lease general public liability insurance in such amount or
amounts as Tenant may from time to time reasonably deem
appropriate.
8.4) Tenant shall insure the contents or the Improvements
owned by Tenant, for the benefit o! Tenant, against loss or damage
by fire, w1ndstor,m, or other casualty for such amount as Tenant
may desire, and Tenant agrees that such policies shall contain a
waiver of subrogation clause as to Landlord. Tenant waives,
releases, and discharges Landlord from all claims or demands
whatsoever which Tenant may have or acquire by fire or extended
coverage risk, whether such claim or demand may arise because of
the negligence of Landlord, its agents or employees or otherwise,
and Tenant agrees to lOOK to insurance coverage only in the event
of such loss.
ARTICLE 9.
THE FACILITY
9.1) Tenant may.make certain improvements to the Facility as
provided herein.
9.2) l:1arkin9.
ARTICLB 10.
DESTRUCTION BY FIRE
10.1) It the Improvements, or any portion thereof, are damaged
or destroyed by fire or other casualty, however or by whomever
caused, then this Lease shall ter,m!nate unless otherwise agreed by
Landlord and Tenant in writing.
4.
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ARTICLE 11.
CONDEMNA'l'ION
11.1) If during the Te~ of the Lease the entire Premises
shall be taken as a result of the power of eminent domain,
condemnation proceedings, or other like proceedings (the
"Proceedings"), the Lease shall terminate on the date of taking of
possession pursuant to the Proceedings. Tenant may claim and
recover from the condemning authority an award for Tenant's moving
e~enses, business dislocation damages, Tenant's personal property
and fixtures and any other award applicable to Tenant as the
operator of the Facility.
11.2) If during the Term less than the entire Premises is 4It
taken by the Proceedings, and it does not remain feasible and
practicable to continue the operation of the Facility in the
determination of Tenant, then the Lease shall terminate as of the
date of taking of possession pursuant to the Proceedings. '
ARTICLE 12.
DISPUTE RESOLUTION
ARTICLE
ASSIGNMENT AND SUBLETTING
.
Tenant shall not assign or transfer any of its rights under
the Lease or sublease any part of the premises (an "Assignment")
without prior written consent from Landlord. No Assignment shall
relieve Tenant from any of its obligations contained in the Lease,
nor shall any Assignment be effective unless the assignee shall,
at the time of such Assignment, assume in writing all the terms,
covenants, and conditions of the Lease to be performed thereafter
by Tenant and shall agree in writing to be bound thereby.
Landlord hereby consents to Assignments to related or affiliated
entities of Tenant.'
ARTICLE 14.
DEFAULTS OF LESSEE
14.1) If during the Te~ Tenant shall default in fulfilling
any of the covenants of the Lease or is otherwise in default
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hereunde~, (other than the covenants for the payment of Base Rent
or Additional Rent), Landlord shall give Tenant notice of any such
default or of the happening of any contingency refe~red to in this
paragraph, and if at the expiration of sixty (60) days after the
service of such notice the default or contingency upon which said
n9tice was based shall continue to exist, or in the case of a
default or contingency which cannot with due diligence be cured
within a period of Sixty (60) days, if Tenant fails to proceed
promptly after the service of such notice and with all due
diligence to cure the same and thereafter to prosecute the curing
of such default with all due diligence, Landlord, at its option,
may terminate the Lease, and upon such termination, Tenant will
quit and surrender the Premises to Landlord.
ARTICLE 15.
IMPROVEMENTS AND FIXTURES
Any permanent improvements installed by Tenant in or as a part
of the Improvements or on the Land, whether used solely in
Tenant's business or whether usable in the Improvements without
regard to such business or otherwise, shall become the property of
Landlord upon such installation.
ARTICLB 16.
LANDLORD'S REPRESENTATIONS AND WARRANTIES
16.1) Landlord represents, warrants and covenants that:
(a) it is the fee owner of marketable title to the Premises,
subject to no liens or encumbrances; (b) that it has the full
right and power to make the Lease; (0) that if and so long as
Tenant shall not be in default hereunder, Tenant shall quietly
hold, occupy, and enjoy the Premises during all of the Term.
16.2) Landlord further covenants, represents and warrants to
Tenant that:
ARTICLB 17.
USE OF PREMISES
The Premises shall be used for the operation of a community
center primarily for the benefit of the senior citizens of the
Cities. Tenant shall not use or occupy the Premises or knowingly
permit the Premises to be used or occupied contrary to any
6.
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statute, rule, order, ordinance, requirement, or regulation
applicable thereto or in any manner which would violate any
certificate of, occupancy attecting the same. Tenant shall
promptly upon discovery of any such use, take all reasonable steps
to compel the discontinuance of any such use caused by Tenant.
ARTICLE 18.
PERMITS
Tenant shall diligently seek and, upon issuance, maintain in
force and effect all per.mits, licenses, and similar authorizations
to use the Premises for the aforesaid purposes required by any
governmental authority having jurisdiction over the use thereof. .
Landlord shall, at Tenant's request, join with Tenant in
executing, acknowledging, and delivering any and all petitions,
consents, applications, approvals, reviews, easements, or similar
documents that may be required for the installation of any
Improvements, utilities, public improvements, roads, water lines,
sewer lines, storm drainage facilities, subdivision, rezoning,
special use, platting, or other similar development of the
Premises, tor the purpose of development, construction and
ope>:,ation of the Facility. : -'1":['.[1,".'1; n'
COMP:::B~:~ LAW ~Nl
Tenant, at its sole expense, shall promptly comply with all
laws, ordinances, and requirements of federal, state, county, and
municipal authorities relating to Tenant's use and occupation of
the Premises, and with any lawful order or direction of any public
officer relating to Tenant's use and occupation of the Premises
during the Term of the Lease. Nothing herein contained, however, .
shall prohibit Tenant from appealing from or contesting the
validity or legality of such laws, ordinances, requirements,
orders,' or directions and, notwithstanding the foregoing
provisions of this Article, Tenant shall not be deemed to be in
default hereunder so long as Tenant diligently prosecutes such
appeal or contest. .
ARTICLE 20.
LANDLORD'S ACCESS TO PREMISES
Tenant shall per.mit Landlord and the authorized
representatives of Landlord to enter the Premises at all times
during usual business hours for the purpose of inspecting the same
and making any necessary repairs to comply with any laws,
ordinances, rules, regulations, or requirements of any public
authority or of the Board of Fire Underwriters or any similar
board, pursuant to the ter.ms of this Lease. Nothing herein shall
imply any duty upon the part of Landlord to do any such work
which, under any provision of the Lease, Tenant is required to
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perform, and the performance thereof by Landlord shall not
constitute a waiver of Tenant's default in failing to perform the
same. .
ARTICI.,B 21.
ATTORNEYS' FEES
If it is necessary for Landlord or Tenant to retain the
services of an attorney at law to enforce any of the terms,
covenants, or provisions hereof, or to collect any sums due
hereunder, if said party prevails, then the other party shall
to the prevailing party upon demand the cost of such services
related costs and expenses.
pay
and
ARTICLE 22.
ESTOPPEL CERTIFICATE
gRAFT
Landlord and Tenant shall, at any time and from time to time,
upon not less than twenty (20) days' prior notice from the other
party, execute, acknowledge, and deliver to the requesting party a
statement in writing certifying that the Lease is unmodified and
in full force and effect (or if there shall have been
modifications that the Lease is in full force and effect as
modified and stating the mOdifications) and the dates through
which Base Rent has been paid, and stating whether or not (to its
best knowledge) the other party is in default in the performance
of any covenant, agreement, or condition contained in the Lease
and, if so, specifying each such default of which it may have
knowledge, it being intended that any such statement delivered
pursuant to this Article shall be in a form approved by and may be
relied upon by any prospective assignee or lender of the
requesting party.
ARTICLE 23.
SIGNS
.
Upon prior written approval by Landlord of design and
construction, which approval shall not be unreasonably withheld,
Tenant may erect such signs upon the Premises as it may deem
desirable, as long as said signs do not exceed 1n weight the safe
carrying capacity of any bearing structure, or violate the laws of
the state or ordinances of the municipality in which the Premises
is situated.
ARTICLE 24.
NOTICES
Any notice or election herein requested or pe~itted to be
given or served by either pa~ty he~eto upon the other, shall be
deemed given or served in accordance with the provisions of the
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Lease 1: delivered to either party hereto and receipt is obtained
therefor, or if mailed in a sealed wrapper by United States
certified mail, postage prepaid, properly addressed to such other
party at the address hereinafter specified. Unless and until
changed by notice as herein provided, notices and communications
shall be addressed as follows:
If to Landlord:
Attn:
If to Tenant:
Attn:
.
With a copy to:
Bach such mailed notice or communication shall be deemed to have
been given to, or served upon the party to which addressed, on the
date that is three (3) days after the same is deposited in the
United States certified mail, postage prepaid, properly addressed
in the manner above provided. Bach such delivered notice or
communication shall be deemed to have been given to, or served
upon, the party to whom delivered, upon delivery thereof in the
manner above provided. Bither party may change the address to
which mailed notice is to be sent to it by giving to the other
party hereto not less than thirty (30) days' advance written
notice thereof. All payments of Base Rent or Additional Rent .. .
hereunder shall be made to Landlord at the address above
designated, or as may be hereafter designated. FT
ARTICLB 25. g. .
MISCELLANEOUS \ r
I. ~ ~ : ,'f ~
25.1) Severability 1 If any term, condition, or provision of
the Lease or the application thereof to any person or circumstance
shall, to any extent, be held to be invalid or unenforceable, the
remainder thereof and the application of such terms, provisions,
and conditions to persons or circumstances other than those as to
whom it shall be held invalid or unenforceable shall not be
affected thereby, and the Lease and all the terms, prOVisions, and
conditions hereof shall, in all other respects, continue to be
effective and to be complied with to the full extent permitted by
law.
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25.2) CQ~sent - Wherever in chis Lease consent or approval is
to be obtained from either party, such party agrees not to
unreasonably withhold, condition or delay its approval or consent.
25.3) Short Form Leaae - At the request of either party
hereto, a short form lease shall be prepared in form and substance
reasonably satisfactory to each of the parties and shall be
executed by each of the parties in duplicate, such lease to be
filed for record in the. county in which the Premises are located.
25.4) Headings. The headings incorporated in the Lease are
for convenience in reference only and are not a part of the Lease
and do not in any way limit or add to the terms and provisions
hereof.
25.5) Binding Effec~ - All of the covenants, conditions, and
agreements herein contained shall extend to, be binding upon, and
inure to the benefit of. the parties hereto and their respective
heirs, successors, and assigns.
IN WITNESS WHEREOF, the parties have executed this Lease the
day and year first abOVe written.
LANDLORD :
By:
ItS:
TENANT:
By:
ItS:
'l'HIS INSTRUMENT WAS DRAli"l'ED BY:
LARKIN, HOFFMAN, DALY &I LINDGREN, L'l'D.
1500 NORWBST FINANCIAL CENTER
7900 XERXES AVENUB SOUTH
BLOOMINGTON, MINNESOTA 55431.
(612) 835~3800
TJK:MP2s
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EXHIBIT A
to that certain
LEASE
by and between
, Landlord
and
I Tenant
Legal Description of the ~roperty:
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COOPERATIVE AGREEMENT
FOR THE
This Cooperative Agreement (the Agreement) for the Southshore Senior Community
Center (the Center) is made on this _ day of April, 1995, by and between the City of
Deephaven, a Minnesota municipal corporation (Deephaven), the City of Excelsior, a Minnesota
municipal corporation (Excelsior), the City of Greenwood, a Minnesota corporation
(Greenwood), the City of Shorewood, a Minnesota municipal corporntion (Shorewood) and the
City of Tonk a Bay, a Minnesota municipal corporation {TO!'lJr..a Bay} (hereinafter collectively
. - - _.. .. ..--- referred to as the "CitiesU). -
RECITALS
WHEREAS, the Cities desire to provide a Center for use by senior citizens for
socializing, arts, crafts, music and similar programs of enrichment; and
WHEREAS, the Cities desire to provide a congregate dining facility to serve the needs of
senior citizens; and
.
WHEREAS, the Cities desire to provide a public facility to be used by citizens for
meetings, banquets, receptions, reunions and similar public and private activities; and
WHEREAS, the Cities desire to combine their resources to ensure the development,
construction, maintenance and operation of the Center.
NUW THEREFORE, the Cities do hereby agree and covenant as set forth below:
PURPOSE
The parties to this agreement have determined that their communities are more
economically and efficiently served by construction and operation of a Senior Community Center
than for each to do so separately. The purpose of this Cooperative Agreement is to set forth the
terms governing the parties in the ownership, construction, operation, maintenance, and use of
the Center. The parties agree that the Center will be used for providing educational, recreational,
arts, enrichments, and other community-based and related activities such as those commonly
provided at community activities centers thoughout the area. Such programs and activities will
be consistent with the use of the surrounding and adjoining facilities. The overall guiding
principle embodied in this Agreement is the mutual desire oithe Cities to maximize the use of
the Center by all members of the Cities' respective constituencies. This Agreement is made
pursuant to Minn. Stat. ~ 471.59.
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OWNERSHIP
The development of the Center will be financed through a pooling of resources from the
Cities. The Cities shall own the Center as tenants in common, with the ownership interest of
each City proportionate to the amount of such City's investment in the Center. The amount of
the investment from each ofilie Cities shall be as specified in the attached Exhibit A, which may
be amended from time to time.
Shorewood will be responsible for the design and construction of the Center, which shall
be completed on land owned by the City of Shorewood, in accordance with the legal description
for such land in the attached Exhibit B.
Shorewood agrees to enter into a Ground Lease with the Cities as tenants in common for
a term of Twenty Five (25) years at a lease rate oCOne Dollar ($1.00) per year and other good
and valuable considemtion. which ground lease shall allow the Cities to proceed with
construction of the Center.
.
LEASE
Upon completion of construction, the Center shall be leased by the Cities to the Friends
of the South Shore Senior Community Center, a nonMprofit corporation organized and established
pursuant to Sections 170(c)(2) and 501 (c)(3) of the Internal Revenue Code of 1986. The term of
the lease shall be Twenty Five (25) years and the amount of the Center lease between the Cities
and Friends shall be One Dollar (S1.00) per year and other good and valuable consideration.
OPERATION, MAINTENANCE
Friends shall be required to operate and maintain the Center so as to achieve the
objectives of the Cities as specified in this Agreement and in accordance with the lease
agreement between the Cities and Friends, Friends shall be required to purchase any and all
forms of insurance as necessary to adequately insure the Center and the Cities against any and all
risks associated with operating and maintaining the Center, both known and unknown, including
workers compensation insurance for Center employees and liability insurance up to the statutory
limits of liability relating to the Center and each such policy shall name the Cities as insureds,
.
By entering into this Agreement, the Cities do not agree to assume any risk or
responsibility for the acts or omissions relating to the operation and maintenance of the Center by
Friends, nor for the procurement, or failure to procure, by Friends of insurance against all
insurable risks, both known and unknown, related to the Center, nor for the acts or omissions of
any other individual City.
TERMINATION
Any of the Cities may terminate and rescind it's partiCipation in the Center at any time
and for any reason in accordance with this Agreement, upon thirty (30) days notice in writing to
the remaining Cities stating an intent to do so. The remaining Cities shall not have a right to
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object to the withdrawal from this Agreement of any City, provided that the withdrawing City
relinquishes and permanently forfeits its undivided ownership interest in the Center to the
remaining Cities.
The lease between Cities and Friends may be terminated upon the occurrence of any of
the following: (l) insolvency or dissolution of Friends; (2) failure by Friends to achieve the
mission and objectives specified in this or any other Agreement; or (3) the unanimous decision
of the Cities to Terminate..
FUNDING
All amounts due from the Cities for development of the Center shall be remitted to
Shorewood at the date of execution of this Agreement by an authorized representative of the
respective Cities. Shorewood shall act as the finance manager during the design and construction
of the Center and shall establish separate books of account in behalf of the Cities to monitor the
payment of funds from the Cities~ as well the payment of funds to certain unidentified claimants
relating to their design and construction of the Center.
Upon competition of the constnlction of the Center, the Cities shall be under no further
obligation to fund the maintenance, operation, programming or stafting of the Center.
AMENDMENT
The terms of this Agreement may only be amended by unanimous consent of the Cities in
writing.
This Agreement must be construed and enforced in accordance with the laws of the State
of Minnesota.
IN WITNESS WHEREOF, the Cities of Deep haven, Excelsior, Greenwood, Shorewood
and Tanka Bay have, in accordance with authorizing resolution from their respective City
Councils (copies of which are attached in Addendum), caused this Agreement to be duly
executed.
. Dated:
CITY OF DEEPHA VEN
By:
Its: City (Clerk) Administrator
3
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***ON3***
Dated:
Dated:
Dated:
Dated:
00763.5',01
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CITY OF EXCELSIOR
By:
Its: City (Clerk) Administrator
CITY OF GREENWOOD
By:
Its: City (Clerk) Administrator
CITY OF SHOREWOOD
By:
Its: City (Clerk) Administrator
CITY OF TONKA BAY
By:
Its: City (Clerk) Administrator
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300 Park Place East
5775 Wayzata Boulevard
Minneapolis, MN 55416-1228
612-595-5775
1-800-753-5775
FAX 595-5774
Engineers
Architects
Planners
Surveyors
April 6, 1995
Honorable Mayor and City Council
City of Shorewood
5755 Country Club Road
Shorewood, MN 55331
Re: Local Drainage Maintenance Projects (LDM)
OSM File 5572.00
Dear Mayor and Council Members:
Attached please find the existing criteria for minor drainage projects, together with an
updated list of pending and completed projects. Please review the criteria past Council's
have approved, and let me know of any drainage complaints that are not on the list.
Sincerely,
ORR-SCHELEN-MA YERON
!1)L
Joel A Dresel, P.E., L.S.
City Engineer
H:\SS72.00\ CIVIL \ CORRES\04069SSHD
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Equal Opportunity Employer
.
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Updated -March 1995
EXISTING CRITERIA FOR MINOR DRAINAGE PROJECTS
TO BE FUNDED BY STORMWATER UTILITY
GENERAL -
Projects to be funded under this utility will include only those
projects that are estimated to cost less than $15,000. Projects will
be completed in order of priority, as defined below and as
categorized and dated by the Public Works Director. Where two
(2) or more projects have the same priority, the older of the
projects will be completed fIrst, funding permitted. Total project
spending per year will not exceed $30,000 or the fund balance,
whichever is smaller.
1)
PUBLIC SAFETY AND HEALTH
.
CRITERIA
Primary attention will be paid to those projects that impact the public health or safety.
These projects would include ice problems on the road, erosion that is causing a
hazardous structural problem (i.e. undermining a road), or storm water that is causing a
signifIcant health problem (such as flooding the sanitary system).
CURRENT PROJECTS (DATE)
2)
SUBSTANTIAL FINANCIAL IMPACT TO THE CITY
CRITERIA
.
This category will include those projects that, while not endangering the public health,
will still have a negative impact on the residents as a whole. Projects in this category
include minor infrastructure replacement that cannot be funded cost effectively by other
means. Other potential projects include erosion causing property damage and minor
structure replacement.
CURRENT PROJECTS (DATE)
H:lSsn.OOIClVILIMISClLDM
.
.
.....
3) PUBLIC NUISANCE
CRITERIA
This category includes those projects that cannot be considered a substantial hazard, are
not likely to cause a fmancialloss to the City, but are a public nuisance. These projects
include standing water in the roadway, unwanted flooding in public parks, and minor
erosion projects.
CURRENT PROJECTS (DATE)
4)
PRIVATE NUISANCE
CRITERIA
Finally, those projects that are a nuisance to a single residence or small group of
residences that the City Council deems that the City has some responsibility to help
correct. These projects include those instances where a large drainage area is causing a
problem to a small area, and the homeowner(s) is (are) willing to allow a right-of-entry
to City crews without cost.
CURRENT PROJECTS (DATE)
H:\S572.00\CIVILIMISC\LDM
"" ,~ .
Updated -March 1995
PROJECT LIST - CURRENT PROJECTS (DATE)
1) PUBLIC SAFETY AND HEALTH
HaY aDa MeNeaa ResiaeBccs aleBg Near M01:lMaiB Blvd. (11/92) COMPLETED 1994
- Noble Road/Grant-Lorenz Drainage Ditch outlet cleaning (3/95)
2) SUBSTANTIAL FINANCIAL IMPACT TO THE OTY
Rastie V/rry arop ffi8flftele replaeeftleBt (6/92) COMPLETED 1994
- Old Excelsior Blvd. culvert erosion into Footprint Lake (3/92)
- Morgobsky Drainage Problem along Smithtown - III Problem (3/94) Plans complete
pending cost split wi County
- Mtka. Drive storm sewer system (10/94) - Under Council Feasibility Consideration
.
3) PUBLIC NUISANCE
- Harding Ave. in front of Agaard residence (12/92)
- Bracketts Road in front of Champion residence (1193)
ThempsoB yaftJlSa-a':IBerry Lane fleeaiBg (3/92)COMPLETED 1994
- Grant Lorenz "puddling" (10/94)
4) PRIVATE NUISANCE
- Rear yard drainage problem at Brown residence along Harding Lane. (6/92)
- Rear yard drainage, southwest end of Wood Duck Circle (3/95)
- Bakke sump pump drainage (5/94)
.
H:15572~OO\CIVIL\MISC\LDM
.....
April 5, 1995
Honorable Mayor and City Council
City of Shorewood
5755 Country Oub Road
Shorewood, MN 55331
Re: Minnetonka Drive Storm Sewer
OSM File 5572.00
Dear Mayor and Council Members:
Orr
Schelen
~eron&
AsSociates, Inc.
300 Park Place East
5775 Wayzata Boulevard
Minneapolis, MN 55416-1228
612-595-5775
1-800-753-5775
FAX 595-5774
Engineers
Architects
Planners
Surveyors
As discussed earlier this spring, we have been investigating a drainage problem along
Minnetonka Drive. Preliminary cost estimates suggest that storm sewer alone would cost
in excess of $150,000 for a drainage system placed in accordance with the City's
Comprehensive Storm Drainage Plan. In addition, it has recently been suggested that there
is an old concrete pipe in-place that may simply be plugged.
.
There is little doubt that an improved drainage system will someday need to be placed in
this area. However, it may make better financial sense to budget for a street/water/storm
sewer project in the CIP rather than to perform a drainage fix right now. Therefore, we are
recommending a halt to the feasibility report with a concerted effort to find and clear the
old drainage pipe as weather permits. The overall project can then be added to the CIP as
budget allows.
.
Sincerely,
ORR-SCHELEN-MA YERON
& ASSOCIATES
p4
Joel A Dresel, P.E., LS.
City Engineer
H:\SS72.00\ CIVIL \CORRES\04OlPSA.SHD
Equal Opportunity Employer
tt/~e-
as.' . .M'. '. ~elen
. ~ Mayeron &
AsSociates, Inc.
300 Park Place East
5775 Wayzata Boulevard
Minneapolis. MN 55416-1228
612-595-5775
1-800-753-5775
FAX 595-5774
MEMORANDUM
TO: Mr. Don Zdrazil, Public Works Director
City of Shorewood
FROM: Joel A. Dresel, City Enginee0t'-'
DATE: March 27, 1995
SUBJECT: 1995 Manhole Sealing Project
OSM Project No. 5572.00
.
As you know, we have been investigating the various methods of manhole sealing available
for use on the City's sanitary sewer system. Basically, the choices are two - an external or
an internal seaL
Internal seals would involve a lower initial cost. This is because none of the pavement
surrounding the manhole is torn up. However, based on our research, the internal seals are
not as effective in controlling infiltration and there seems to be some question about the
need for future maintenance (Le. band tightening). Internal seals may be useful where it
is undesireable to excavate the roadway, or where excavation in general is not practical.'
Therefore, we are recommending the use of external seals around those manholes that are
sitting in low points in the roads and easements. In addition, it would also seem prudent
to plug the cover holes as appropriate. We have attached a sample specification for external
manhole sealing for your review.
.
The next logical step would be for you to identify those manholes that you believe are
particularly sensitive to inflow and infiltration. We could then take these locations and
include them in a specification for quotes or bids.
Attachment
ce
H:\SS72.00\ CML\CORRES\03Z79S.DZ
~/~D
En ineers . Architects . Planners . Surveyors
Mr. Don Zdrazil
Public Work Director
City of Shorewood
March 27, 1995
Page 2
Sample Specification For External Sealing
The adjusting rings and casting of each manhole shall be sealed with an external
rubber sealing sleeve as manufactured by Infishield, Inc., or an external manhole
chimney seal as manufactured by Cretex Specialty Products or their approved
equivalents. The sleeve or seal shall be sealed to the top of the cone or the top slab
of the manhole and over the top of the casting.
Payment for the seal shall include excavation and replacement of the eXIstmg .
pavement section. Should the manhole fall in a non-paved area, replacement shall
include replacement of 4 inches of topsoil and sod. Payment shall be on the unit
price basis for each manhole sealed; including all excavation, restoration, traffic
control, or other appurtenant items as may be necessary to complete the job.
.
H: \SS72.00\ CIVil \ CORRES\ 032i9S.DZ
MAYOR
Robert Bean
COUNCIL
Kristi Stover
Bruce Benson
Jennifer McCarty
Doug Malam
.
CITY OF
SHOREWOOD
.
.
5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 · (612) 474-3236
MEMO (Via FAX)
To: Sen. Ed Oliver, Rep. Tom Workman & Rep. Barbara Sykora
From: James Hurm, City Administrator, & Alan Rolek, Finance Director
Date: April 4, 1995
Re: CITY OF SHOREWOOD RESPONSE TO SENATE FILE 1570
The City of Shorewood is firmly opposed to Senate File 1570, which would
impose a tax levy freeze for tax year 1996, reinstate tax levy limits in 1997 and
ensuing years, eliminate state aids including LGA and HACA by 1998, and
prohibit the issuance of any new General Obligation debt until 1997. While the
City recognizes that tax reduction and tax reform are goals of the State
Legislature, we feel that the imposition of these limitations would have a severe
negative impact on the services which the City provides to its residents. Truth-
in-Taxation legislation was intended to make such restrictions unnecessary.
We feel Shorewood is a well governed and managed community and operates
on a lean budget. With the City Council close to its constituency at a grass roots
level(1,280 resident per elected official), and all meetings of the City Council
and Commissions open to the public, we feel that the City is very responsive to
citizens. We feel that, the passage of Senate File 1570 would impact
Shorewood in the following ways:
. FREEZING TAX LEVY DOLLARS FOR 1996 AT 1995 LEVELS
WOULD HAVE A GREAT NEGATIVE IMPACT ON SERVICES
TO OUR CITIZENS.
The City has held the line on property taxes levied, with zero increases in
tax levy dollars in the last two years and in three of the last four years.
During this same period, the City's population has grown at an average
of 3% annually. The capacity of the City to continue to provide services
to its citizens at the same level without the ability to increase funding is
very limited. Service levels, in this event, would be constricted. The City
already participates in cooperative policing, fire protection and other
cooperative agreements with neighboring cities. These restrictions
placed on each city would have a severe impact on joint cooperative
efforts.
A Residential Community on Lake Minnetonka's South Shore
jfl;;Z E-
In addition, the City's 5 year capital improvement plan calls for funding
increases of 4% - 5% through the General Fund to finance the repair and
replacement of the City's aging infrastructure. The imposition of a levy
freeze and ensuing levy limits could cause delays for these projects
which would result in real health and safety issues.
· FREEZING THE ISSUANCE OF GENERAL OBLIGATION DEBT
THROUGH 1996 WOULD RESTRICT DEVELOPMENT IN TH E
CITY, ADVERSELY AFFECTING THE CITY'S TAX BASE.
In order for further development to continue, the City needs to extend its
water system to potential development sites. This would include the
construction of an additional water tower and extension of water trunk
lines. The imposition of a freeze on issuance of debt would effectively
eliminate the City's ability to extend the water system and, according,
place a freeze on development. This would have an adverse effect on
the City's future tax base. Further, the inability to issue debt for
infrastructure replacement and repair would cause further degradation to .
the City's infrastructure, causing health and safety issues. Finally, the
City, jointly with another City, is currently requesting the Hennepin
County HRA to issue bonds on our behalf to construct a Senior
Community Center (a joint effort of 5 cities). This joint effort would likely
not happen if issuance of general obligation debt is prohibited.
· ELIMINATION OF LGA AND HACA WITHOUT THE ABILITY TO
REPLACE IT WITH OTHER FUNDING ALTERNATIVES WILL
HAVE A VERY SEVERE IMPACT ON SHOREWOOD.
HAC A comprises 18% of the City's funding for general operations. The
elimination of HAC A without the ability to replace it places a huge gap in
the City's ability to fund its general operations at the current level, and
would force a substantial reduction in services to citizens.
· THE CITY HAS HELD THE LINE ON TAXES AND SPENDING.
The City has submitted zero increase levies for three of the last four
years. General Fund expenditures increased 2.32% in 1994 and
decreased 2.10% in 1995. We feel that Shorewood has been very
responsible to its citizens in making its taxing and spending decisions,
and have every intention of continuing to listen to the needs of our
residents.
.
cc: Mayor and Councilmembers
Jim Miller, League of MN Cities
Senator Doug Johnson, Senate Tax Committee Chair
., ." 1!P
SOUTH LAKE MINNETONKA PUBLIC SAFElY DEPARTMENT
810 Excelsior Boulevard
Excelsior, Minnesota 55331
RlCHARD A. YOUNG
Chief of Police
(612) 474-3261
MEMORANDUM
To:
Coordinating Committee
City Administrative Staff
Chief Young~
March 30, 1995
From:
Date:
Subject:
Resolution on COPS FAST Officer
attaChed is a proposed resolution setting forth the understanding of all
of the cities relating to the officer to be hired for Shorewood through
the COPS FAST grant program. There is nothing new in the resolution
that has not been talked about and agreed to before. It will merely be
the formalization of all of the previous discussions. Nothing has been
done, prior to this, to place all of this varied information into one
document. It will set forth for future Coordinating Committees, City
Councils, etc., exactly what was done and the understandings of such
action.
I am sending this out early, before the regular packets, so that members
of the Coordinating Committee may take it to their City Councils, if
they wish, for comment, approval, or whatever might be appropriate for
that city, before the regular Coordinating Committee meeting on April
19, 1995.
4ItPlease call me if there are any questions.
1m ~~~uw~g
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Serving South lAke Minnetonka Communilies of Excelsior, Greenwood, SJwrewood and Tonka Bay
#/~r
.. "...
RESOLUTION NO. 95-
A RESOLUTION ACCEPTING 1995 COPS FAST GRANT FROM THE
U.S. DEPARTMENT OF JUSTICE
WHEREAS, the City of Shorewood currently utilizes a part-time South
Lake Minnetonka Public Safety Department (SLMPSD) police officer to
patrol their streets at their expense; and
WHEREAS, the City of Shorewood called for a special meeting of the
Coordinating Committee to request an application of the COPS FAST grant
be made; and
WHEREAS, it is the desire of the City of Shorewood to eliminate
their current part-time police officer and utilize this grant to provide
them with a full-time police officer at their expense (see SLMPSD
Coordinating Committee minutes from December 14, 1994); and
WHEREAS, it is understood that this police officer will be used to
patrol the City of Shorewood only; and
WHEREAS, the Coordinating Commi ttee agreed to make said
application; and ~
WHEREAS, the grant will help offset the costs associated with the
new officer by the following amounts:
$37,500 - first year
$25,000 - second year
$12,500 - third year
$ 0 - fourth year and beyond
The City of Shorewood will pay all additional identifiable costs
associated with this officer such as uniforms, schooling, remaining
salary and benefits, etc. In addition, the City of Shorewood shall pay
5% of total salary costs to help cover miscellaneous operating expenses
(such as car, insurance, overhead, secretarial, etc.); and
WHEREAS, the SLMPSD has determined that 5% of salary costs will not
adequately cover all miscellaneous expenses. The City of Shorewood has '4It
agreed that all state aids, reimbursements, etc., derived because of the
employment of this officer, shall belong to the SLMPSD. This having
been' determined to adequately cover all remaining miscellaneous costs
caused by the additional officer; and
WHEREAS, the attached letter from the U.S. Department of Justice,
informs the SLMPSD that they have been selected to receive a COPS FAST
grant to hire a new patrol officer;
NOW, THEREFORE, BE IT RESOLVED the SLMPSD Coordinating Committee,
accepts the COPS FAST grant to be used to hire an additional patrol
officer at the City of Shorewood's expense.
PASSED at a regular meeting of the Coordinating Committee this day
of , 1995.
..,r' ~,~
.
.'
U.S. Department of Justice
Community Oriented Policing Services (COPS)
Office of the Director
CEIVED FEB 1 6 '995
Washing/on. D,C. 20005
February 8, 1995
Chief Richard A. Young
810 Excelsior Boulevard
Excelsior, MN 55331
Dear ChiefY oung:
On behalf of the Office of Community Oriented Policing Services, I am pleased to notify
you that your jurisdiction has been selected to receive a COPS FAST grant award to hire 1 new
and additional officer(s).
As eXplained in the COPS FAST Fact Sheet, in t""o weeks you will receive a packet
containing a Community Policing and Budget Summary which you must submit before you may
begin accessing your grant funds. As you complete these brief documents, please keep in mind
that the COPS Office will provide technical assistance in formulating both summaries, and with
any other questions you have about your grant award. The Department of Justice Response
Center is available to answer questions at 1-800-421-6770.
The COPS Office has been delighted with the overwhelming interest in COPS FAST and
the FAST Application. We received responses from over 7,000 law enforcement agencies,
requesting over 18,000 officers at a cost of over $1 billion. Because of this high level of
response, many jurisdictions who were selected received fewer than the total number of officers
they requested. In the next fiscal year we hope to fund these unmet needs to the highest possible
level, and at the present we do not expect that any additional application will be required. We
will notify you further. on this point when the amount of funding available in the next fiscal year
has been determined.
,COPS FAST, along with the each of the other COPS initiatives, has been designed to
, simplify the task of applying for and receiving a federal grant. We are delighted to be working
in partnership with you and other agencies in this effort to increase the number of law
, enforcement officers who are engaged in the practice of community policing. The COPS Office
, will continue its efforts to provide law enforcement agencies with the resources they need to
better serve theircommunity.
eJy, #e.uVl-{
J eph E. Brann
irector, COPS Office
.'
.'
CKNO
15746
15747
15748
15749
15750
15751
15752
15753
15754
15755
15756
. 15757
15758
15759
15760
15761
15762
15763
15764
15765
15766
15767
15768
15769
15770
. 15771
15772
15773
15774
15775
15776
15777
15778
15779
15780
15781
15782
15783
15784
15785
15786
CHECK APPROVAL LISTING FOR APRIL 10, 1995 COUNCIL MEETING
CHECKS ISSUED SINCE MARCH 28, 1995
TO WHOM ISSUED Pl.JRF03E
ALERT FIRE & SAFETY CO FIRE EXTINGUISHER MAINT
ARMOR LOCK & ALARM SVCS QTRL Y MONITORING MAY-JUNE
MCI TELECOMMUNICATIONS FEB LONG DISTANCE
MIDWEST MAPS ADVERTISING
CELLULAR ONE AIRTIME
MN GFOA INVESTMENTTRAINING-ROLEK
NORTHER STATES POWER STREET L T UTILITIES
NORTHER STATES POWER UTllmES
US WEST COMMUNICATIONS
BELLBOY CORP L1QUORIMISClSUPPLlES
GRIGGS, COOPER & CO WINE/LIQUOR
LAKE REGION VENDING MISC
PAUSTIS & SONS WINE
PHILLIPS WINE & SPIRITS L1QUORIWINE
QUALITY WINE & SPIRITS L1QUOR/BEERlWINE
RYAN PROPERTIES RENT
WASTE MANAGEMENT SAVAGE APRIL WASTE REMOVAL
WEEKLY NEWS, INC ADVERTISING
US POSTMASTER 1 ST QTR U/B POSTAGE
US POSTMASTER POSTAGE FOR METER
FIRST STATE BANK FED/FICA TAX
PEPA APRIL PERA LIFE INS
ICMA RETIREMENT TRUST 457 DEF COMP
CITY COUNTY CREDIT UNION PAYROLL DEDUCTIONS
AFSCME LOCAL #224 UNION DUES
CHILD SUPPORT ENFORCEMENT CHILD SUPPORT. C. DAVIS
ANOKA CTY SUPPORT/COLLLEG CHILD SUPPORT. C. SCHMID
MEDICA APRIL HEALTH INS
MEDCENTERS HEALTH PLAN APRIL HEALTH INS
GROUP HEALTH, INC APRIL HEALTH INS
LEAGUE OF MN CmES APRIL DENTAL INS
MN MUTUAL LIFE APRIL SIT DISABILITY
COMMERCIAL LIFE INS CO APRIL LIFE INS
AFSCME COUNCIL #14 APRIL DELTA DENTAL
MNDEPTOFREVENUE STATE TAX WITHHELD
KATHLEEN HEBERT SEC 125 REIMB
PATRICIA HELGESEN SEC 125 REIMB
BRADLEY NIELSEN SEC 125 REIMB
JOSEPH PAZANDAK MILEAGE/FILM DEVELOPING
PEPA PEPA
AT&T WIRELESS SERVICES PAGER
AMOUNT
$30.33
136.26
9.17
208.00
79.11
50.00
2,221. 74
1,177.99
429.87
3,035.72
1,371.19
116.97
18.60
1,946.97
2,549.97
2,493.75
153.00
291.50
465.40
750.00
6,556.99
54.00
864.98
477.00
138.95
92.50
139.44
4,153.88
1,438.83
1,102.46
448.44
85.50
50.15
224.00
1,134.43
192.31
83.00
100.00
68.83
2,137.37
9.58
Page 1
:.
.
.
CKNO
15787
15788
15789
15790
15791
15792
15793
15794
15795
15796
15797
15798
15799
15800
CHECK APPROVAL LISTING FOR APRIL 10, 1995 COUNCIL MEETING
CHECKS ISSUED SINCE MARCH 28, 1995
TO WHOM ISSUED PURR:SE
MADISON/MARQUEITE MARCH & APRIL RENT
MN SAFETY COUNCIL SAFETY COUNCIL TRAIN-NICCUM
NORTHERN STATES POWER UTILITIES
US WEST COMMUNICATIONS
BELLBOY CORP L1QUORIMISC
BOYD HOUSER CANDY & TOBAC MISC
GRIGGS, COOPER & CO L1QUORmINE/MISC
JOHNSON BRCS LIQUOR L1QUORmINE
LAKE REGION VENDING MISC
LEEF BRCS MATS
NORTH STAR ICE MISC
PAUSTIS & SONS WINE
PHILLIPS WINE & SPIRITS WINE
QUALITY WINE & SPIRITS L1QUORIWINE
TOTAL CHECKS ISSUED
Page 2
AMOUNT
$5,553.00
425.00
1,084.85
219.87
1,498.25
885.73
5,907.32
1,697.42
150.39
25.17
67.20
133.00
84.10
592.28
..
CITY OF SHORE WOOD
CHECK APPROVAL LIST FOR
APRIL 10.1995 COUNCIL MTG
CHECK~ VENDOR NAME DESCRIPTION DEPT. AMOUNT
15801 ADOBE SYSTEMS INC MAC ENHANCEMENT GEN GOVT 9.95
15802 EARL F. ANDERSEN. INC.
RD RESTRICTION SIGNS
TFN~F CON
15803 APPLIED GRAPHICS ASSOC.
FOR GFOA BUDGET AWARD
F I r.J,{iNCE
15804 BITUMINOUS ROADWAYS. INC. BITCRETE
STF<EETS
15805 BOYER TRUCK PARTS
EQUIP MAINTENANCE
PUB I/JK~:;:
15806 CARGILL SALT DIVISION
S{~LT
SNOIt.J & I
15807 COORDINATED BUSINESS SYST DEVELOPER & TONER
GE['J, GOVT
.15808 D{~V I ES I/.J{~ TER EQU I P[1F:NT CO GI:~S DETECTOR
15809 HANCE HARDWARE, INC. EQUIP MAINTENANCE
SEI;.JEF<~ DE
PUB I/.JKS
15810 HART FORMS & SYSTEMS
F I [..J, (.; i"'J, C E
P(~Y}~OLL CHECKS
15811 HENNEPIN COUNTY TREASURER FEB PRISONER EXP
POLICE P
15812 HENNEPIN COUNTY TREASURER 1ST HALF PROPERTY TAX
i'iUiJ, BLDG
15813 HOPKINS PARTS COMPANY
PUB I;.JKS
2 SPEED SWITCH + TAX
15:::l14 U;Rf<.HJ..,
PFWF SER
HOFFMAN. DALY... FEB LEGAL
FEB LEGAL
i'" I::: U 1_ E Gl:~ 1...
*** TOTAL FOR LARKIN,
D(~L
3 ~ .~I'S/4 M .1ti
H 0 i=- i=- r.-i i;~ [...J, "
. .15~31.S, r1ICROSOFT CORP..
r/j(~ I NTENi~[...J,CE D I Sf<.
GEH ClOVT
15816 MINNESOTA DEPT OF HEALTH 1ST QTR WA SRV COHN FEE WATER DE
192..40
173.6C'
409. ,::..1
277 . c.,c:,
:2 ~ ~) 8 ~~ ,. s:) l~.'
151.7(,
.1 :~ .1 (, t\ '. .1 t~
:2,. "7E,
2(-1:2.. 2:::;
S..?6. 04
.1 ~ 829.. 3.:5
9 ,. :::) :~~
3 ~, 3:2<1. ,. .It)
198.00
72..00
5..00
1,179..00
.15817 r1INr'.H=G(~SCO
WATER DF 146..79
WATER DE 124.17
UTILITIES
UTILITIES
UTILITIES
UTILITIES
UTILITIES
UTILITIES
UTII_ITIES
UTILITIES
UTILITIES
*** TOTAL FOR MINNEGASCO
------.-.- 90..31
WATER DE 94.75
CITY GAR 709.58
PARKS & 51..16
MUN BLDG 150.03
-------- 127.21
.1 :' .5~33 ~ .5~:~
-----..---. 89~58
15818 WM.. MUELLER & SONS, INC.. SAND
~) i"KII/'} 8< I
1=:.819 [..J, 0 F<~ THE F< [...!
E('~U I P t"i(~ I l'.J,T
PUB I/Jf<.S
15820 PEPSI COLA COMPANY
r1UN BI...DG
P()P
15821 POMMER COMPANY" INC.
t',..! (;~ ('/j E: j::t L. f">; 'r E:: 3
GE["~ CiO\lT
Page 3
_L,,3S1..01
2J...2(.
;:3 -5 -4 r)~::(
23 '. ()~:~
"
CITY OF SHOREWOOD
CHECK APPROVAL LIST FOR
APRIL 10G1995 COUNCIL MTG
CHECK~ VENDOR NAME DESCRIPTION DEPT. AMOUNT
15822 SHORE WOOD TREE SERVICE
HAUL FALLEN TREE
TF<EE: M;:~ I
100.00
15823 SO LK MTKA PUB SAFETY DEP FEB BOOKING FEE
POI_ICE P
(~;~ .. ~2'7
15824 TIME SAVER OFF SITE SEC
['1 I NUTES
PL.;:~Nr"J, I r.l(;;
145.::.0
15825 TOLL GAS & WELDING
S{)MLL TOOLS
CITY G(;~R
361.4 [1.5
15826 TWIN CITY WATER CLINIC
Ifo);:~TEi~ TEST I j".IG
ItUYTER DE
20..00
15827 VAN WATERS & ROGERS, INC. CALCIUM CHLORIDE
SNOv.) .~ I
1,038.38
1::.828 lfo}(j TEPPRO
1/.)f-HER r1ETEf~S
IfohHER DE
.1 :, 3()() .. f3.::.
.1::.829 1'11".1 COI'..J,lfo)()Y (.;ND Flr~E S(~FETY f~ECH(-;RGE Flf~E EXT
t'jUr~ BLDG
1.5 Es '4 (~l ()
15830 MN SUN PUBLICATIONS
LE(d~L NOTICES
73..44
*** TOTAL CHECKS FOR APPRoVAL
.18 " (~l.5S.) '" 82
:lc:~* TOTAL CHECK APPROVAL LIST
73,871.58
.
Page 4
'. . ..
C H E C K R ,- G I S T E R
i::
CHECK CHECK EMPLOYEE NAME CHECK CHECK
TYPE DATE NUMBER NUMBER AMOUNT
COM 4 04 95 350 TIMOTHY J. CRUICKSHANK 209273 44.32
COM 4 04 95 375 JODI A. DALLMAN 209274 154.15
COM 4 04 95 500 CHARLES S. DAVIS 209275 602.03
COM 4 04 95 775 JAMES C. EAKINS 209276 654.63
COM 4 04 95 870 KELLY P. FLANAGAN 209277 110.82
COM 4 04 95 1001 JOHN M. FRUTH 209278 73.93
COM 4 04 95 1170 MARLENE S. HAPTONSTALL 209279 392.51
COM 4 04 95 1190 KATHLEEN A. HEBERT 209280 583.94
COM 4 04 95 .1195 PAUL T. HEGG 209281 86.20
COM 4 04 95 1400 PATRICIA R. HELGESEN 209282 861.81
COM 4 04 95 1415 SHA'NN D. HEMPEL 209283 200.82
COM 4 04 95 1550 JAMES C. HURM 209284 1619.93
COM 4 04 95 1601 BRIAN D. JAKEL 209285 100.47
COM 4 04 95 1700 JEFFREY A. JENSEN 209286 704.87
COM 4 04 95 1800 DENNIS D. JOHNSON 209287 806.29
COM 4 04 95 1940 LOREN A. JONES 209288 150.26
. COM 4 04 95 2100 WILLIAM F. JOSEPHSON 209289 632.19
COM 4 04 9S 2500 SUSAN M. LATTERNER 209290 292.45
COM 4 04 95 2555 TAMMY E LENZEN 209291 93.15
COM 4 04 95 2800 .JOSEPH P. LUGOWSKI 209292 799.71
COM 4 04 95 3000 THERESA L. NAAB 209293 642.59
COM 4 04 95 3100 LAWRENCE A. NICCUM 209294 874.93
COM 4 04 95 3400 BRADLEY J. NIELSEN 209295 1070.09
COM 4 04 95 3500 JOSEPH E. PAZANDAK 209296 1087.59
COM 4 04 95 3530 SANDRA R. PETERSEN 209297 61.51
COM 4 04 9S 3600 DANIEL J. RANDALL 209298 838.77
COM 4 04 9S 3701 BRIAN M. ROERICK 209299 137.41
COM 4 04 95 3800 ALAN J. ROLEK 209300 1186.39
COM 4 04 95 3900 CHRISTOPHER E. SCHMID 209301 411.60
COM 4 04 95 3910 R CONRAD SCHMID 209302 146.43
COM 4 04 95 4190 DANA G. SHAIN 209303 169.00
COM 4 04 95 4600 BEVERLY J. VON FELDT 209304 605.95
. COM 4 04 9S 4750 RALPH A. ,,~a-I L E 209305 635.22 .
COM 4 04 95 4900 DEAN H. YOUNG 209306 656.84
COM 4 04 95 5000 DONALD E. ZDRAZIL 209307 1231.35
****TOTALS****
18720.15
Page 5