091090 CC Reg AgP
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CITY OF SHOREWOOD
REGULAR COUNCIL MEETXNG
MONDAY, SEPTEMBER 10, 1990
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
7:30 pm
AGENDA
1. CONVENE REGULAR CITY COUNCIL MEETING
A. Pledqe of Alleqiance
B. Roll Call
C. Review Aqenda
Stover
Brancel
Mayor Hauqen
Gaqne
Watt en
2 . APPROVAL OF MINUTES
A. Budqet Workshop - AUqust 20, 1990
(Attachment #2A-Minutes)
B. Reqular City council Meetinq - AUgust 27, 1990
(Attachment #2B-Minutes)
C. Annotate Auqust 13, 1990 Minutes to reflect Hn/DNR
licensinq for weed harvestinq and applicants for
Koehnen Simple Subdivision
(Attachment #2C-Resolution
#72-90 - Note)
3. CONSENT AGENDA
A. Resolution Authorizinq the Mayor and City Administrator to
Execute Year XVI Third Party Aqreement/south shore senior
Center - CDBG
(Attachment #3 - Resolution ,
Aqreement)
4. COHHISSION REPORTS
A. Plalininq commission;r f /11 rn "'S~ L-(;,;~O':;::' 1~".J ICrtJ kT'.xJ
B. Park Commission
,
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CITY OF SHOREWOOD COUNCIL AGENDA
MONDAY, SEPTEMBER 10, 1990 - Page two
s.
SETBACK VARIANCE - FINDINGS OF FACT/RESOLUTION
17//5 . ~,,~ ~: .
l4~ (Jc1' ;Jen ..~...~
) f ..../1 ~ s' ( (~,_
Gr, S (iO(i0'-J-~;) ~'k6(~~~
~/1;Jfj.~~
(Attachment #5-Resolutioll)fi.' G fJ
SETBACK VARIANCE - FINDINGS OF FACT /RESOLUTION' vJ f if ~J:4'~ 'rn~'
r;o ~] ryJ1 . /'
4225 Enchanted Lane
Chester Yanik
Location:
Applicant:
6.
Location:
Applicant:
5725 Merry Lane
W. Robert Anderson
r 1'_' \'. (> ........ :7
, r... fi..' A/1'.-k' .
. Litv"" .
(Attachment #6-Resolution)
7.
SETBACK VARIANCE - FINDINGS OF FACT RESOLUTION ,
o ~. 6 arr~
5755 Merry Lane
Rockford Waldin
Location:
Applicant:
(Attachment #7-Resolution)
8:00PM 8.
PUBLIC HEARING ON DELINQUENT BILLS/PROPERTY CLEAN UPS/ WATER
CONNECTIONS/DELINQUENT DEVELOPERS FEES - COSTS TO BE CERTIFIED
FOR COLLECTION WITH PROPERTY TAXES
Location:
West side of Strawberry Lane, 420 ft. South
smithtown Road
North Suburban Development Co.
(Attachment IS-Resolutions (3)
List of Bills)
0(rz ~ a'W.$ /.Q/
L1 1) 1 ( U/~,J
of
9.
FINAL PLAT - SHOREWOOD SUBURBAN ESTATES
Applicant:
(Attachment #9-Engineer I s Ltr
Dev. Agreement)
10. WATERFORD III
A.
Development Stage Plan - Findings of Fact and resolution."'/""''rf2/
for Waterford III Addition L (' / ~ C},[<( 1
~ \.::1 Lfi ./
T.H. 7 west of Vine Hill Road
Sherman-Boosalis
8/ /}JD
(Attachment #lOA-Resolution)
Location:
Applicant:
B.
Escrow for preparation of plans and specifications
Public Improvements
I
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CITY OF SHOREWOOD COUNCIL AGENDA
MONDAY, SEPTEMBER 10, 1990 - Page four
C.
if/J ~ /1
?~i~~;; ,
continuing I & I inspection - visu Sewer Sf :-&_ ~ t;vr+-
Authority to begin Sewer Lift St,ation Repairs Qr/c, e:fr'~
Update Cellular One antennaef(jJ~ '- ~.s/~
Enqineer's Reoort
1.
2.
3.
D. Administrator's Reoort ;- _ ~ . H~ncj) tJ ( ~
J Cr r0J~~ ~-Ck/'-
1. Underground Tank Removal
2.
Fall Milfoil Inspection, Christmas Lake 4fi ftj ~
Policy on remembrances 0Ji':11iJ crtA"< ~~
(Attachment #14D3-Me~
3.
4.
Step Increases - 1990
(Attachment #14D4-Memo)
5. Calendar
a. September 12.......r...Hearing
b. Workshop on CIP. 1 ( _
6. Review Special Taxing Dis:2icts bL~ t1~I..
(Attachment #14D6-~~~)
7. Reschedule Hearing on Shady Hills ~~ ~
~ ~
15. COUNCIL REPORTS:
A. Mayor Haugen
B. Councilmembers
16. ADJOURNMENT SUBJECT TO PAYMENT OF THE CLAIMS APPROVED
(Attachment #16-Claims List)
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CITY OF SHOREWOOt\y.-m~~-=:r~~~t""~&CIL CHAMBERS
COUNCIL WORKSHOP 5755 COUNTRY CLUB ROAD
MINUTES, AUGUST 20, 1990 PAGE 1
MINUTES
ROLL CALL
Present: Mayor Haugen, Councilmembers Gagne, Stover, Brancel
and Watten; City Administrator Whittaker, Planner Nielsen
Finance Director Rolek, Mr. John Bridge and Mr. D. J.
Berkley of the Finance Committee.
ORDER FEASIBILITY STUDY ON CHURCH ROAD
DRAINAGE (PETITION)
Administrator Whittaker said the City now had the signatures of 35% of
the frontage and 51% of the owners on Church Road. This is enough to
order the feasibility study.
Councilmember Stover wanted the petition to identify each improvement
for the petitioners.
Gagne moved, Brancel seconded, directing the Attorney to draft a
resolution ordering a Feasibility Study for drainage, street
improvements and water improvements on Church Road.
Motion carried - 5/0
Mayor Haugen read a letter from the Soccer Association. A meeting was
held Aug. 15, 1990 with Sue Niccum, Park Director and Michael
Anderson, President of the Soccer Association.
Whittaker said that on Monday August 27, 1990, he would have a meeting
with Jim Jones of Minnetonka Community Services regarding field
scheduling in the City, Sue Niccum will also attend.
Haugen gave Whittaker information on Hennepin County's Alcohol Abuse
Programs tor employees.
DISCUSSION OF PROPOSED 1991 GENERAL OPERATING FUND BUDGET AND TAX LEVY
Finance Director Rolek presented the 1991 budget. He stated that it
was a 5.17% increase over 1990.
1991-GENERAL FUND BUDGET
RENTAL HOUSING LICENSE FEE
Rolek explained that the annual Rental Housing License Revenue of
$3500 is a new revenue this year.
Haugen said a lot of people felt the fee per rental unit was high.
Councilmember Gagne said the staff should get the fees from other
cities.
Planner Nielsen said the cost of $35.00 per unit covers the cost of
inspection and it is not profit making.
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CITY OF SHOREWOOD~
COUNCIL WORKSHOP
MINUTES. AUGUST 20. 1990
4IbNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
PAGE 2
BUILDING PERMITS
Haugen asked Nielsen about the annual Building Permit fee revenue of
$150,000. She asked if there has been a spurt in Building Permits.
Nielsen said that permits were actually decreasing but he kept the
budget amount the same.
OTHER - CIGARETTE. HORSE. DOCK
The Council voted to discontinue licensing cigarette machines and they
felt this revenue should not be included in the license/fees section.
MSA ROAD AID
The MSA road aid of $13.000 is for maintenance of designated roads.
COUNTY RECYCLING AID
The County Recycling aid of $49.840 is reimbursement of 80% of the
City's cost for recycling.
Gagne said the City will recycle plastics in January 1991.
Rolek said there would also be weekly pickup.
Stover asked if the City was meeting it's goal of 80%. Rolek said
yes.
SANITATION
The Sanitation fee of $10.000 is for the spring clean up. There 1S
more participation in this each year and revenues increase.
FINES AND FORFEITS
Whittaker stated the Fines and Forfeits revenue of $90.000 is an
increase from 1990.
Haugen said the Police Dept. feels they need another man.
TRANSFER FROM LIQUOR STORE
,
Stover felt the Transfer from Liquor Store item of $25.000 should be
retained to relocate the Liquor Store which will be lost on Vine Hill
Road due to the new intersection with T. H. 7.
MAYOR AND COUNCIL DEPT * 51
COUNCIL SALARIES
Gagne said the City Council almost always meets more than twice a
month and the salary should be increased by $50.00 per month to
reflect that.
Gagne moved. Watten seconded. to increase the Mayor's salary to
$250.00 per month and the Councilmembers' salary to $200.00 per month
starting January. 1991.
Motion carried - 5/0.
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CITY OF SHOREWOOD~
COUNCIL WORKSHOP
MINUTES, AUGUST 20, 1990
~UNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
PAGE 3
Stover asked Rolek what the cost would be.
Rolek said the increase would be $3173 per year plus PERA and
Medicare. The Medicare is for new Councilmembers.
*35 CONTRACTUAL
Councilmember Brancel said the Cable TV operator is very dependable
and the $60 per month for his services was enough. A less experienced
person should receive less.
*37 TRAVEL, CONF, SCH.
This amount also includes money for a Volunteer Recognition Dinner.
Haugen and Brancel felt the amount for the dinner should be increased
by $500.00.
*43 MISC. SERVICES.
Mr. Berkley asked for an explanation of the $42,078 amount. Rolek
said this money was put aside for employee pay adjustments.
*53 SUBSCRIP-MEMBERSHIPS.
Gagne asked if the City was still planning to fund the LMCD. The
$16,287 is quite a large amount.
Haugen said many cities are unhappy with the mil foil cutting as they
feel it is spreading the weed. Many people wonder if chemicals should
be used.
Councilmember Watten said the weed is spread during low water levels
and during years of high water it may not be a problem.
Haugen said the LMCD is asking the Legislature for authority to obtain
additional funds.
Haugen said there is money in the budget for the Councilmembers to
attend conferences and seminars. She felt they should take turns. The
Councilmembers can be reimbursed for their mileage when attending
conferences.
Watten moved, Stover seconded, to keep the City's reimbursement for
mileage consistent with the IRS allowable deduction rate.
Motion carried - 5/0.
*63 OTHER IMPROVEMENTS
Watten and Stover felt the $3000 for new track lighting in the Council
Chambers is unnecessary.
Watten moved, Stover seconded, to remove $3000 for OTHER IMPROVEMENTS
from the City Budget.
Motion failed - 2/3 - Stover and Watten aye, Haugen, Gagne, and
Brancel nay.
CITY OF SHOREWOOD~
COUNCIL WORKSHOP
MINUTES. AUGUST 20. 1990
~NCIL CHAMBERS
5755 COUNTRY CLUB ROAD
PAGE 4
ADMINISTRATOR DEPT * 52
#23 MAINTENANCE EQUIPMENT
The $985 is for computer and typewriter repair contracts.
#35 CONTRACTUAL
Rolek said the $1400 is for Labor Relations and Misc. contracts but
does not include negotiation fees. Whittaker said we had not used
anyone for negotiations; but the information service is very valuable.
GENERAL GOVERNMENT SERVICES *53
#35 CONTRACTUAL
This area has decreased because the City has finished microfilming the
archives and would only update that each year.
#63 OTHER IMPROVEMENTS
This includes an amount of $1200 for Clerks Indexing Software.
Gagne said he thought there would be no more computer purchases after
the purchase of the new equipment.
Whittaker explained that these purchases were part of a five year
plan.
Gagne said he would like a copy of the long range computer plan.
FINANCE DEPT *54
*32 AUDIT
Berkley felt Auditing should be listed under Professional Services.
#45 INVESTMENT SVC. CHARGES
Berkley felt the $500 budget was. low. Rolek said he used many
different brokers to keep costs down.
PROFESSIONAL SERVICES DEPT. * 55
#35 CONTRACT - ASSESSOR
Stover said the increase in the Assessor's fee to $31.992 1S due to
the increase in parcels to be assessed.
PLANNING AND ZONING DEPT. * 56
#62 CELLULAR TELEPHONE
Watten moved, Gagne seconded, to authorize City Administrator to ask
Cellular One for three cellular phones.
Motion carried - 5/0.
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CITY OF SHOREWOOD.
COUNCIL WORKSHOP
MINUTES, AUGUST 20, 1990
~NCIL CHAMBERS
5755 COUNTRY CLUB ROAD
PAGE 5
*63 OTHER IMPROVEMENTS
Gagne questioned the $6000 expenditure for Planning and Building
Permit software.
Brancel and Gagne wanted a list of computer costs and the five year
plan.
Berkley said that software often gets better every year and it is
often cheaper to wait to purchase software until it is needed.
Whittaker said the plan called for gradual acquisition of software as
the staff is able to learn and use it.
MUNICIPAL BLDG. CITY HALL DEPT. *57
Rolek said Insurance, Utilities and Garbage are up 10%.
Zdrazil said the Park garbage collections have increased. He said
the cost for garbage pickup at Shorewood'Shopping Center is $60 to
$100 per week.
Stover thought the Public Works Dept. should not have to clean-up near
the recycling area at the Shorewood Mall and that the contractor was
going to.
Zdrazil said the recycling contractor only picks UP recyclables, not
garbage.
POLICE DEPT. * 58
Whittaker said he thought the Police budget is very responsible.
FIRE PROTECTION * 59
Rolek said the Excelsior Fire Dept. has not finished their budget.
PROTECTIVE INSPECTION * 60
Gagne said they should increase the hours of animal patrol because
there are many complaints about dogs.
Whittaker said the patrol has more hours available during the winter
months.
Stover said the patrol is only effective if people are tagged.
She also wants more hours.
Whittaker said the City get $35 per ticket and gets the $50 impound
fee.
The Council agree to increase the hours for animal patrol one hour per
day in the winter. This will increase the budget by $3000.
PUBLIC WORKS DEPT. * 61
Gagne felt a cellular phone would be helpful for the Public Works
Dept.
Zdrazil said he had a pager and did not want a phone.
Whittaker said the City had $75,000 in the budget for a new salt shed.
He thought they should start to prepare plans and specs for the shed.
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CITY OF SHOREWOODe
COUNCIL WORKSHOP
MINUTES. AUGUST 20. 1990
~UNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
PAGE 6
*62 MACHINERY-EQUIP.
The $61.000 in the budget is a reserve for future purchases of
equipment and the purchase of a new bobcat.
Zdrazil said they will need at least two more trucks in the future.
The oldest equipment is five years old.
Berkley and Bridge felt that an equipment replacement fund made sense.
CITY GARAGE PUBLIC WORKS DEPT. * 62
Haugen said she would like money set aside for the future removal of
the City gas tanks. Whittaker said the annual amount budgeted for the
salt and sand shed could be used as the tank removal fund after the
shed is built.
Zdrazil said the tanks would be tested tomorrow (August 21, 1990).
He would like to keep one diesel tank and remove the other two.
Zdrazil said the area is polluted from the previous gas station's
underground tanks and the MPCA said the City has to prove the
pollution was not caused by their tanks.
Zdrazil said the 4000 gal. tank should come out this year.
Gagne moved. Watten seconded. to add $10.000 to * 63 OTHER
IMPROVEMENTS for the removal of underground gas tanks.
Motion carried
4/1 (Stover nay)
Whittaker said the money for the tanks can come out of the Contingency
Fund if necessary.
Berkley felt the tank removal should be a Capital Improvement Outlay,
not a Public Works expense.
9:35 - 9:45 BREAK
TRAFFIC CONTROL/STREET LIGHTING DEPT. * 65
*23 MAINT-EQUIP.
One semaphore is to be added at HwY 7 and Co. Rd. 19.
Haugen wanted the Staff to be sure the contracts for maintenance of
these semaphore was equitable.
Gagne did not want to slow down the placement of the semaphore.
*43 MISC. SERVICES
Stover said the budget for electricity for street lights was steadily
increasing and the City should be careful where they place lights.
Nielsen said the City is conservative in the placement of lights.
Rolek said they could add a utility fee. if necessary. in the future.
SANITATION/WASTE REMOVAL/WEEDS DEPT. * 67
*35 CONTRACTUAL
Haugen felt Recycling Awards should read Recycling Incentives.
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CITY OF SHOREWOOD.
COUNCIL WORKSHOP
MINUTES, AUGUST 20, 1990
TREE MAINTENANCE DEPT. =#= 68
~NCIL CHAMBERS
5755 COUNTRY CLUB ROAD
PAGE 7
Zdrazil said this money IS for the removal of trees on the City
rights-of-way.
PARKS AND RECREATION/BEACHES DEPT. 69
*03 PART TIME SALARIES
Whittaker said the City had been paying the part-time summer help
$6.00 per hr. but later found out he should be getting the union scale
salary of $9.87 per hour. They cut back his hours to comply with the
union contract and stay in budget.
Zdrazil said the union will not accept a lower pay scale.
Whittaker felt Todd Latterner is doing a very good job and IS worth
the money.
*26 GENERAL SUPPLIES
The $10,000 budgeted for Gen. Supples includes money for rock, dirt,
fertilizer and similar supplies. Zdrazil said he would need an
increase in this amount.
=#=34 PARK PLANNER
The budgeted amount for Park Planner decreased. Council felt most of
his work was done.
Haugen said his fee for planning the Park Referendum would be built
into the referendum request.
Bridge said the Park budget had a large percentage increase.
Whittaker said the City needed to identify the Park costs and had
moved them from General Public Works to the Park Budget.
=#=62 MACHINERY - EQUIPMENT
Zdrazil asked for $1000 to purchase a used snowblower and there was
not adequate money for general park supplies.
Stover said they may need to slow down spending until the referendum.
Gagne said Freeman Park cannot be let go.
Berkley said they should show the real costs for fuel.
Watten moved, Stover seconded, to increase the General Supplies budget
by $5000.
Motion carried - 5/0.
CAPITAL IMPROVEMENTS DEPT. =#= 70.
Whittaker said the City needs a five and ten year plan for Parks and
Public Works.
The City could add $85,000 to $90,000 per year to the general tax levY
over ten years for Park Capital Improvements.
Whittaker said the City should show the maximum levy on the draft
budget; they can take the money out of the budget but cannot add it to
the final budget.
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CITY OF SHOREWOOD~
COUNCIL WORKSHOP
MINUTES, AUGUST 20, 1990
~NCIL CHAMBERS
5755 COUNTRY CLUB ROAD
PAGE 8
Haugen said the Council was committed to reducing taxes.
Whittaker and Rolek said the taxes were decreasing per resident as the
City is still growing.
Stover and
referendum
Gagne said
park.
Whittaker said 2/3 of Silverwood Park could be done with the
dedication fees.
Whittaker said that even if the tax rate
could go UP because of increased housing
Haugen said that Hennepin County and the
asking for additional money and wondered
need to gO in this year.
Rolek said the State Aids have been cut again and the City will have
to increase taxes to replace them.
Haugen wanted the citizens to tell the Council in a
whether the Park improvements are a priority.
they cannot tell the Waterford residents they won't have a
went down the overall
values.
School District will
if the levY increase
taxes
be
would
CONTINGENCY FUND DEPT. #71
Rolek said the decrease in State Aid will take $25,000 out of the
$50,000 Contingency Fund.
DEFEASANCE FUND
Rolek said part of this money was tentatively set aside for the Public
Works Garage and the Sewer Bonds on the Island.
Stover said they needed to have money available in case the Bishop
property becomes available.
Whittaker said the City needs to finance some Park Capital
Improvements this year.
Stover said they should put the Defeasance Fund into the Capital
Improvement Budget for the Parks and do one Park well.
Rolek said that Park Improvements would cost $268,000 and there is
$194,000 available. He said there is money available in the Capital
Improvement Fund which should be appropriated.
Whittaker said the City would need $150,000 for a Public Works Site.
Councilmember Watten said the City needed to commit to a program and
identify priorities. I
Haugen felt the Freeman Park sprinkler system should come first.
Rolek recommended $429,000 for Capital Improvements, with $200,000
already committed.
Gagne felt they should payoff the sewer bonds.
Whittaker said some money has been committed to the Parks.
Haugen felt they should:
1. Cover the Sewer Bonds.
2. Set aside money for a Public Works Site purchase.
3. Install a sprinkler system at Freeman Park.
Stover felt the Public Works site is a necessity and the Parks are a
luxury.
Rolek said there are not enough funds for Silverwood unless they use
Capital Improvement Funds.
Nielsen said they could use Park Dedication fees.
Whittaker said they could do site preparation at Silverwood, then the
tennis courts, and take on additional items as funds become available.
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CITY OF SHOREWOOD~
COUNCIL WORKSHOP
MINUTES. AUGUST 20. 1990
~UNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
PAGE 9
He said they should get an estimate on a Public Works site. Have a
architect do a needs study. Nielsen said he had done this with
Zdrazil.
APPLICANTS FOR PARK COMMISSION
The Council decided to interview the two applicants for Park
Commissioner at 7:00 P. M. August 27th. The two applicants are John
Cross and Steve Dzurak.
Rolek said they needed to set a Public Hearing for the budget. Nov.
26th or 27th or set a special meeting.
ADJOURNMENT
Gagne moved, Watten seconded to adjourn the meeting at 11:05.
RESPECTFULLY SUBMITTED,
Katie Snyder
Recording Secretary
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CITY OF SHOREWOOD.
REGULAR COUNCIL M ING
MINUTES, AUGUST 27, 1990
~NCIL CHAMBERS
~5 COUNTRY CLUB ROAD
PAGE 1
M I NUT E S
THE CITY COUNCIL INTERVIEWED TWO CANDIDATES FOR THE PARK COMMISSION
BEFORE THE MEETING.
CALL TO ORDER
Mayor Haugen called the meeting to order at 7:35 P.M.
PLEDGE OF ALLEGIANCE
ROLL CALL
Present: Mayor Haugen, Councilmembers Gagne, Stover,
Brancel and Watten; City Planner Nielsen,
City Engineer Norton and City Attorney Froberg.
AGENDA REVIEW
Gagne moved, Watten seconded to approve the Agenda with the following
changes:
1. Attorney Froberg said that item H. on the Consent
Agenda (Approving Connection to the Amesbury
Water System) should not be a resolution.
Motion carried - 5/0.
APPROVAL OF MINUTES
Gagne moved, Brancel seconded, to approve the Minutes of the Regular
City Council Meeting Minutes of August 13, 1990 with the following
corrections:
1. Pg. 12. Stover and Haugen questioned the phrasing
of the motion. It should read: Stover moved,
Gagne seconded, to inquire whether the DNRwill
inspect Christmas Lake for milfoil weed, if they
will not, hire Lake Restoration to inspect the Lake
before the end of August.
.
Motion carried - 4/0 (Watten abstained)
Brancel moved, Gagne seconded, to approve the Joint City Council/Park
Commission Minutes of August 14, 1990.
Motion carried - 4/0. (Watten abstained).
CONSENT AGENDA
Gagne moved, Stover seconded, to adopt the following Consent Agenda:
A. Resolution 79-90 lOA Resolution Ordering RESOLUTION NO. 79-90
a Feasibility Study for Public Street, Drainage and Water
Improvements on Church Road."
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CITY OF SHOREWOO~
REGULAR COUNCIL M!!TING
MINUTES, AUGUST 27, 1990
~CIL CHAMBERS
~55 COUNTRY CLUB ROAD
PAGE 2
B. Resolution 80-90 "A Resolution Approving RESOLUTION NO. 80-90
the 1991 Proposed General Fund Budget and the 1990 Preliminary
Property Tax Levy Collectible in 1991."
C. Resolution 81-90 "A Resolution Setting RESOLUTION NO. 81-90
a Public Hearing to Review the Proposed 1991
General Fund Budget and 1990 Property Tax Levy Collectible
in 1991, for November 26, 1990 at 8:00 P.M."
D. Resolution 82-90 "A Resolution Approving the RESOLUTION NO. 82-90
Solid Waste Management Agreement with Hennepin County
for 1991 and authorizing the Mayor and City Administrator/Clerk
to execute it."
E. Resolution 83-90 " A Resolution Ordering the RESOLUTION NO. 83-90
Installation of Stop Signs on Mayflower Road."
F. Resolution 84-90 " A Resolution Ordering a RESOLUTION NO. 84-90
Public Hearing to Consider an Ordinance Establishing
a Special Taxing District for Surface Water Drainage
Improvements in the Glen Road Sub-Watershed District for
September 24, 1990, at 8:00 P. M."
G. Resolution 85-90 .. A Resolution Approving RESOLUTION NO. 85-90
the Final 1990 M.S.A. Street Designation; and
Granting Permission to Deephaven to connect Lot 9, Deephaven
Shores to the Shorewood Water System in Amesbury."
Motion carried - 5/0.
COMMISSION REPORTS:
PLANNING COMMISSION
Councilmember Stover reported that the Planning Commission had~eviewed
the Waterford III Revised Development Stage Plan. and recommended denial.
P}l.'RK COMMISSION
No report.
RESOLUTION APPROVING PLANS AND
SPECIFICATIONS. AND CALLING FOR BIDS
ON FREEMAN PARK IRRIGATION PLANS.
RESOLUTION NO. 86-90
Park Planner Mark Koegler of Van Doren, Hazard Stallings talked about
the Irrigation plans for Freeman Park. He said they were on a tight
schedule. call for irrigation of three ball fields, attaching a
drinking fountain and as an alternate, irrigating the turf area for
soccer and football. The plans were changed from a performance based
spec to a bid on the plan.
The Park Commission estimated $50,000 for this project. The bid
should come in just under this amount.
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CITY OF SHOREWOOD~
REGULAR COUNCIL ~ING
MINUTES. AUGUST 27. 1990
~NCIL CHAMBERS
~5 COUNTRY CLUB ROAD
PAGE 3
Watten moved. Gagne seconded. to approve RESOLUTION NO. 86-90 II A
RESOLUTION approving plans and specifications and authorizing the Park
Planner to Advertise for Bids for Irrigation of the Freeman Park
Ballfields."
Motion carried
5/0 on a roll call vote.
SETBACK VARIANCE
LOCATION:
APPLIANT:
4225 ENCHANTED LANE
CHESTER YANIK
Mr. Yanik's attorney. David Busch, asked the Council to reconsider
their denial of a sideyard setback variance for Mr. Yanik. Mr. Busch
felt the matter merits more discussion.
Gagne moved. Brancel seconded. to reconsider the setback variance for
Chester Yanik.
Motion carried 5/0.
Busch felt Yanik has
considered. He said
sideways on the lot.
other side to obtain
built this house. He
lot.
Brancel asked Nielsen if this was the same structure they had
discussed at the July 23rd Council Meeting. Nielsen said it was
same gazebo. She asked if the other requirements had been met.
wanted a statement, in writing, indicating that Yanik would not
on the other side. Brancel felt it was not a deterrent to the
property if the gazebo was moved.
Stover said the Planning Commission thought Yanik made reasonable use
of the property and recommended a Variance for the deck but not the
gazebo based on the current Ordinance. She felt Yanik's Attorney is
arguing for a change in the Ordinance based on the fact that the house
is placed sideways on the lot. When the Ordinance was rewritten, this
subject was discussed in length.and a combination of two sideyard
setbacks to equal 30 ft. was .decided upon.
Stover felt Council should not give a Variance when it IS not a
hardship.
Busch said he could not argue it is a necessity but it is commonly
done on lake property. He is not asking for a change in the
Ordinance. He would assure the City that all setbacks are written
into the new agreement.
Gagne said this problem goes back 18 months. He wants to work out a
compromise. He has no objection. providing the deck is cut back.
Stover asked if Yanik has a hardship due to the construction of the
house. N'~
Froberg said there would~ a hardship if the owner knew he couldn't
add on to the house when he constructed it, because he created his own
problem. But this apparently is not the case.
a 30 ft. setback if the entire property is
Yanik is at a disadvantage because his house is
He is giving up the use of 250 Sq. ft. on the
the setback. Surveys were not required when he
has four setback variance requirements on his
the
She
build
"<
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Brancel moved. Gagne seconded to prepare Findings of Fact approving a
Variance for a gazebo with the understanding that the deck be cut back
even with the middle section; that a written agreement state that he
would not build on the other side of his house; and that all variances
are identified in the property record.
Motion carried - 3/2 (Watten and Stover nay).
SETBACK VARIANCE
LOCATION: 5725 MERRY LANE
APPLICANT: W. ROBERT ANDERSON
Mr. Lloyd Ellingson. Architect. presented the proposal for Dr. and
Mrs. Anderson. Ellingson said the new solarium will not extend any
farther than the current deck. The Anderson's want to take advantage
of a break in the tree line to obtain some sunlight in their house.
Stover said the Planning Commission recommended denial of the
varIance.
Watten said he had visited the home and it is located 25 to 30 ft.
above the waterline. He could see no reason to deny the varIance.
Gagne agreed.
Watten moved. Brancel seconded. to prepare Findings of Fact approving
a Variance for a solarium at 5725 Merry Lane.
Motion carried - 5/0.
SETBACK VARIANCE
LOCATION: 5755 MERRY LANE
APPLICANT: ROCKFORD WALDIN
Rockford Waldin said he has been working with Planner Nielsen for over
a year on this project. They have requested two variances and have
had four different versions of their plan. They want to add 6 ft. to
their current porch which has 75 sq. ft.
Gagne said he finds nothing wrong with granting this variance because
it does not infringe upon any,one.
Stover said the Planning Commission recommended denial of the porch
variance.
Stover moved. Gagne seconded, to prepare Findings of Fact approving
setback variances for an addition to the house and expansion of the
porch at 5755 Merry Lane.
Motion carried - 5/0 on a roll call vote.
Stover moved, Brancel seconded, to prepare Findings of Fact approving
a C.U.P. for Accessory Space in excess of 1200 Sq. ft. at 5755 Merry
Lane.
Motion carried - 5/0 on a roll call vote.
4
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ANCIL CHAMBERS
~5 COUNTRY CLUB ROAD
PAGE 5
RESOLUTION APPROVING A SIMPLE SUBDIVISION
AND LOT WIDTH VARIANCE
RESOLUTION NO. 87-90
LOCATION:
APPLICANT:
27095 EDGEWOOD ROAD
PHYLLIS LOVREIN
Gagne moved, Stover seconded, to adopt RESOLUTION NO. 87-90 "A
Resolution approving a simple subdivision and lot width variance for
Phyll is Lovrien."
Motion carried - 5/0 on a roll call vote.
REVISED DEVELOPMENT STAGE PLAN
WATERFORD THIRD PHASE
LOCATION:
APPLICANT:
T. H. 7, WEST OF VINE HILL ROAD
SHERMAN-BOOSALIS
Mr. George Sherman of Sherman-Boosalis Interests, Inc. presented the
Revised Development Stage Plan. Mr. Sherman would like to add a
convenience store with gas pumps and a restaurant to the proposed
plan. The other retail operations had been previously approved.
The greenspace and setbacks will be greater. The hours of operation
for the convenience/gas facility will be limited from 5 A. M. to 12 A.
M. and 60% of the business will be groceries.
There will be 54 twin homes that will abut the Waterford area. The
prices will range from $225,000 to $250,000. They have provided two
ponding areas fronting HwY 7 and one on the Shady Hills area.
Mr. Sherman believes the proposed twin homes will have 40% of the
traffic that the original plan projected for the multiple-family
residential area.
They have been approached by family restaurants for this site. The
restaurant would have 2400-3200 Sq. ft. and would not sell liquor.
The restaurant will have a national corporate base to assur~ it will
not close. Because of prior restrictions, Sherman Boosalis never
pursued restaurants at this site; but has been approached by family
restaurants.
In 1984/85 the gas station was not specificallY denied. The hours of
operation were restricted. The ,new plan incorporates the gas facility
into the retail plan.
Market studies were conducted on the site in 1989. This site could
have higher and better uses and more density. With the restrictions
placed by the Council, Sherman-Boosalis has only looked for tenants
who would consider servicing a 1 to 3 mile radius. The market study
indicates there is a potential retail space of 100,000 Sq. ft. of
which there exists already 40 to 45,000.
Watten asked how many pumps would be
there would be six on three islands.
facilitate parking and would service
peak hours.
Gas stations attract
station is necessary
Gagne questioned the
early and too late.
at the station. Sherman said
This configuration would
people most efficiently during
other tenants and Sherman said this type of gas
for the economic viability of the center.
hours of operation. He felt the hours are too
5
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PAGE 6
Sherman said the proposed operator has many restrictions placed on him
by the requirements of the City and they want the early hours of
operation to capture the rush hour traffic.
Haugen agrees with Gagne and wants the hours to be 6 A. M. to 10 P. M
on weekdays and 6 A. M. to 11 P. M. on weekends.
Sherman said 6 to 12 would be the furthest he could go without losing
the tenant. He does not want to got through this any more.
Stover said the Planning Commission recommended denial and spent a lot
of time discussing the hours of operation. They also discussed the
many other centers that were not making it. Stover felt that, if the
City wants a commercial operation, they don't want to tie the hands of
the retailers to the extent that the buildings will be empty. She
wants to be realistic and approve a viable retail operation without
the disadvantages of some of them by sight, sound, looks, vacancy.
Stover asked Sherman about the signage.
Sherman said the signage requirements are very strict and the height
of signs would be about 20 ft. The berm on HwY. 7 will be 2-4 ft. and
they have allowed for possible future widening of HwY 7.
Stover asked if the plan had been turned around to face away from HwY
7 at one time.
Sherman said their proposal always faced HwY. 7.
Brancel said that most of the residents in the area are against a gas
station because of the increase in traffic. The gas station will
increase the traffic flow.
Watten asked what the distance from the commercial to the residential
area is.
Sherman said it is 580 to 600 ft. Sherman said this plan is
substantially different, the previous plan included a standalone gas
station which may have generated two to three times more traffic.
The traffic plan for this center is as low as you can go and still
have a viable center.
Haugen felt that six pumps is not a neighborhood gas station. She
thinks of neighborhood as one row of pumps.
Gagne felt that the hours should be 6 A. M. rather than 5 A. M.
Sherman said one prospective client wanted hours from 6 A. M. to 12 A.
M. He is asking for one additional hour for the restaurant.
Gagne asked what restaurant would be going in. Stover wanted to be
sure there would be no liquor.
Sherman said the tenants he had. letters of intent from did not serve
liquor in any of their metro. restaurants.
Brancel asked if the restaurant would require more square footage.
Sherman said it would not.
Nielsen said the approval in 1989 was for 50,000 sq. ft. and this has
45.600 for all four buildings.
Gagne said the hours of operation were the big question.
Brancel felt that the approval of the gas station was important
because the hours would not be necessary if it was not approved.
Watten said they are asked to approve land use.
Froberg said the Council will be considering Findings if it is
determined that changes occurred since the previous Findings of Nov.
20, 1989.
The previous plan stated that a gas station was not an acceptable use
of the land.
Brancel said they should consider what they had previously approved
and should not reverse themselves. The residents do not want this gas
station.
Gagne wanted to vote on everything at this meeting, not delay.
6
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ilWNCIL CHAMBERS
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PAGE 7
Barb Christianson of 19545 Vine Ridge Road asked the Council if the
residents would be able to speak. She hopes the Council will listen
to the Planning Commission's recommendations.
9:30 - 9:40 BREAK
Randy Travalia of Robert H. Mason Homes. Inc. said the company was
involved in the original plan. He said the plan designated 11 acres
for commercial use and the rest for 144 dwellings.
Nielsen said the commerical was limited with no restaurant. no outdoor
sales or displays similar to Chowen's Corner.
Froberg said the original development plan did not specifically define
the commerical.
Bob Snyder. resident. said he bought his home with the idea that the
back of the center would face HwY. 7. He asked Travalia if this was
the intent of Robert H. Mason?
Travalia said the 1984 plan was conceptual. They were thinking of
something like Chowen's Corner. Mason is not a commerical builder.
Snyder asked Travalia if this center changed the ambiance of the area.
Travalia said this plan was consistent with what they had in mind.
ANDREW SCHMIDT OF VIDEO UPDATE.
Mr. Schmidt said he has owned the Video Update at Vine Hill Road for
four years. He feels this center is the ideal example of residential
planning. The site is buffered. not high density. He wants to be in a
center where the people will come. He said gas stations are magnets.
Schmidt said he is currently operating a store at HwY 7 and 41 and the
volume is immense because of the stand alone gas station.
DAVID DEAN OF 5690 OLD MARKET ROAD
Mr. Dean asked the City Council to keep faith with the 1984 and 1989
plans. which prohibited gas stations and restaurants.
He said no residents wanted the gas station. He said the TIF is for
the intersection, not to finance the developer. Dean said that
nothing has changed in the new proposal. The developer can't get this
project to work without a gas station. The free market is telling him
it won't work. If this is a ,neighborhood project. the neighborhood
does not want it.
There are environmental concerns and Dean feels the area would be a
hang out. This project will be like the HwY 7 and 41 center; not
economically viable.
He feels the Council has met its obligations under the 1984 agreement
and they should keep their promises to the citizens.
PAT MALMSTEN- VINE HILL ROAD
Mr. Malmsten does not want Waterford's traffic at Vine Hill.
JAY HARE - 5670 OLD MARKET ROAD
Mr. Hare represents the Waterford Homeowner's Association. Hare felt
a gas station moves further from the proper use of the land. He
stated that Planning Commissioner Bruce Benson said the project has
drifted from the original intent.
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ANCIL CHAMBERS
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PAGE 8
What has changed? The Planning Commission saw through this proposal.
The residents are unanimously opposed to this project. The Sweetwater
residents think you have already decided. The residents will boycott
the businesses. This project is serving the developer's needs.
A family restaurant should not be open after 9 P. M.; there will be
loitering and possibly liquor served. An office building was
originally proposed to be open only on weekdays. A real estate office
would be open seven days a week and nights.
Nothing has been done about through traffic since the last discussion.
The Council is not obligated to approve this project.
LOUISE BONACH, 19625 SWEETWATER CURVE.
Bonach represents the Shorewood Residents for a Safe Neighborhood.
Many of her neighbors said it would do no good to come. However, she
feels she must come and present her views. She does not believe the
City needs this center. The traffic will be very high. The local
residents will boycott.
Watten said he moved to the Shorewood area in 1963 because he thought
it would be a good place to live. Since then the traffic has
increased on HwY 7 and many of the idlyic areas have been developed.
He said the City Council is trying to develop the City in an orderly
fashion and control the undesirable elements of commerical
development. He feels good commerical development is desirable in
Shorewood.
Gagne said he has been part of this process since 1984 and the
neighbors didn't want the center then. He said he would do things
differently. The restaurant and gas station were turned down
originally because they were fast food and a large gas station. He
think the project has been scaled down and can see nothing wrong with
it.
Stover said the TIF financing is for the public road and the
intersection. She said there is a big difference between a major gas
station and a convenience store with gas. The original proposal asked
for The Cattle Company restaurant in the center and this was
unacceptable. She sees a family restaurant as one with no liquor.
The intersection caused a lot of dissension but the City needs it for
the development of the southeast area. This development will benefit
the entire city.
Brancel said she is not against commerical development but the Council
should consider what they have already passed. She wants the Council
to be consistent; no gas station and no restaurant.
Haugen said the development agreement in 1984 was loosely defined.
The City has been working with Minnetonka and other cities to manage
the traffic- problems. Some people have said this is a pet project of
the Mayor, but it is not. Many people opposed the development of the
southeast area. The Council is trying to get good commerical
development for Shorewood and the Council thinks this is one of them.
8
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Bob Snyder, resident. said he had heard of no meeting with the City of
Minnetonka and it has been five months since there has been any
discussion of traffic problems.
Sherman said Chowen's Corner does have a gas station and this is one
of the reasons it is so successful:
Stover moved. Gagne seconded. to direct the City Attorney to prepare
Findings of Fact approving the revised Waterford III development stage
plan to include a convenience store with gas pumps with hours of
operation from 6:00 A. M. to 12:00 A. M. and a family restaurant with
no liquor. subject to the recommendations of the City Planner in his
report.
Motion carried - 4/1 (Brancel) on a roll call vote.
RESOLUTION FOR GRANTING AN AMENDED CONDITIONAL RESOLUTION NO. 88-90
USE PERMIT TO THE CITY OF SHOREWOOD FOR THE PUBLIC
WORKS SITE: AND STATUS OF LAND PURCHASE
Nielsen said the revised concept plan is the similar to the first
proposal for both sites. No pole barns will be used.
Gagne asked if Mr. Bishop is more receptive to selling his property.
He feels the City should put a time limit on the purchase of his
property.
Haugen said he is getting an appraiser and she is still trying to work
with him.
Nielsen said the City does not plan to use this site in the near
future. The salt shed will go up on the single site.
Stover moved. Watten seconded. to adopt RESOLUTION NO 88-90. "A
Resolution Granting a Conditional Use Permit for the Construction of a
Public Works Facility."
Motion carried - 5/0 on a roll call vote.
RESOLUTION APPROVING MN/DOT PLANS AND
SPECIFICATIONS FOR INTERSECTlON OF
VINE HILL ROAD AND TRUNK HWY 7.
RESOLUTION NO. 89-90
Engineer Norton reviewed the design for the intersection and agrees
with the final layout. The final layout should address access to the
vacant commerical parcel.
Nielsen said the best access would be directly off the intersection.
Norton said to keep the access in mind and remind Mn/DOT.
Mn/DOT does not think the fencing or screening will be necessary; but
they will add a fence to the berm if Shorewood requests one. Mn/Dot
does not think there will be a noise problem.
Nielsen said the City should deal with this problem when the
commerical development is proposed.
Stover and Gagne wanted Mr. Zgraggen to have a copy of the Mn/Dot
letter.
9
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Watten moved, Gagne seconded. to adopt RESOLUTION NO. 89-90 "A
Resolution Approving the Layout for the Vine Hill Road/Hwy 7
Intersection. subject to the concerns of the City Planner and City
Engineer regarding curb cut and fencing and that the upkeep and
electricity of the signal at the Intersection be divided evenly by
Shorewood and Deephaven I' .
Motion carried - 5/0 on a roll call vote.
CONSIDER APPOINTMENT TO FILL ANGELA WEATHERLY'S POSITION-TERM TO RUN
THROUGH 12/31/92.
Gagne, Stover and Haugen felt both men were excellent candidates.
Haugen said one candidate had attended many of the Park Commission
meetings.
Haugen moved, Brancel seconded. to appoint Steve Dzurak as the new
Park Commissioner. to serve out Angela Weatherly's term.
Motion carried - 5/0.
Watten said one candidate had a little bit more flexibility in
deliberation and has been in business a long time and this was John
Cross.
Haugen talked to the Park Commissioners and they felt Mr. Dzurak would
be a good appointment.
RENEWAL OF LEASE WITH RYAN CONSTRUCTION COMPANY FOR LIQUOR STORE *2
Stover moved, Gagne seconded to table the renewal of Lease with Ryan
Construction.
Motion carried - 5/0
ORDINANCE AMENDING CHAPTER 501 OF THE SHOREWOOD CITY CODE RELATING TO
GENERAL HEALTH AND SAFETY - NONOPERATIVE BOATS
Nielsen said he had complaints about old boats stored on the property.
He wants to treat them like a, junk car and require the owner to get a
license.
Gagne felt they should be careful about this because the area is very
boat oriented.
Nielsen said if the boat has obvious holes, and is inoperable, it
should be licensed or taken off the property or stored in a building.
Froberg said that the proposed amendment to the ordinance applies only
to unlicensed boats.
Nielsen wanted a clarification in the ordinance because he gets
complaints.
Stover moved. Gagne seconded, to table the amendment to change Chapter
501 of the Shorewood City Code.
Motion carried - 5/0.
10
CITY OF SHOREWOOD~
REGULAR COUNCIL ~ING
MINUTES, AUGUST 27, 1990
ORDINANCE AMENDING CHAPTER 302 OF THE
SHOREWOOD CITY CODE PROVIDING FOR THE
SALE OF CIGARETTES.
_NCIL CHAMBERS
5 COUNTRY CLUB ROAD
PAGE 11
ORDINANCE NO. 230
Froberg said the proposed amendment adopts the State Statutes for
cigarette vending machines and retains City Ordinances on over-the-
counter sales.
Stover moved, Watten seconded, to adopt Ordinance No. 230 amending
Chapter 302 of the Shorewood City Code Providing for the Sale of
Cigarettes.
Motion carried - 5/0
MA TTER FROM THE FLOOR
Mr. Chuck Ferrel of 24695 Glen Road wanted to talk about the Glen Road
drainage problem.
He wanted to know what is happening with it.
Froberg said there will be three public hearings:
The first one is for an Ordinance which will set up the boundaries of
the SubWatershed District. Anyone can object.
The second hearing is for adopting the storm sewer improvement and
must have the vote of 4/5 of the Council unless a petition is
received.
The third hearing is for the assessment of each parcel of land In the
district.
Ferrel is concerned the process will happen backwards.
Haugen said they have already gone through the process of identifying
the problem with the City of Tonka Bay and the Minnehaha Creek
Watershed District.
Ferrel wants to be involved in the process. He has not received any
information on the process. He has received a quit claim deed foran
easement.
Nielsen said the original quit claims should be torn up. They are no
longer valid.
Gagne said there is a new prqposal from the Minnehaha Creek Watershed
District.
Nielsen said the plans can be inspected at the City Hall and Ferrel
will get a legal notice.
Haugen said he should call the City Hall and make sure his name is on
the list for all future notices to be sent.
11:35 - 11:40 BREAK
STAFF REPORTS
CITY ENGINEER
SEWER INSPECTION AND VISU-SEWER
The inspection and rehabilition of the sewer will be discussed at
10:00 A. M. Wednesday, August 29, 1990.
11
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CELLULAR ONE UPDATE
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PAGE 12
Norton received the new antenna plans. They have a tripod mount and
are 14 1/2 ft. from the bottom of tripod to the toP. He said you will
see these on top of the watertower. They cannot be attached to the
handrail. He wants a letter from CBI before the antennae are
installed.
Watten felt the size of the antennae should determine the rent.
PLANNER'S REPORT
Reports have been covered.
ADMINISTRATOR'S REPORT ( PRESENTED BY THE PLANNER)
1. PLANS AND SPECIFICATIONS FOR SALT-SAND BUILDING
Gagne moved~ Stover seconded. to direct the City
Engineer to prepare preliminary grading plans for
a salt/sand shed.
Motion carried - 4/0. (Brancel absent).
2. MILFOIL INSPECTION - CHRISTMAS LAKE
The DNR can not inspect the Lake. Lake Restoration will
handle the job.
3. ADVISORY COMMITTEE FOR ELDERLY HOUSING STUDY
The Council members have not submitted any names for
the Committee.
4. QUOTES FOR NEW WATER METER SYSTEM
No quotes have been received.
5. RESULTS OF FUEL TANK INSPECTION
The fuel tanks passed inspection. No leaks.
6. 1990 PAY PLAN AND STEP INCREASES
This should be delayed until the Administrator is present.
ATTORNEY'S REPORT
EXEMPTION OF NON COMMERICAL SIGNS DURING ELECTIONS
Candidates can have any size signs they want during elections- the
State law supercedes City ordinances.
JOHN CROSS TRANSACTION
Froberg will meet with Mr. Cross Aug. 28th to review all documents for
the purchase of the John Cross property,
12
CITY OF SHOREWOOD~
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~CIL CHAMBERS
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PAGE 13
Froberg asked the Council to consider a motion granting a license to
John and Judy Cross to use the driveway on the property which is being
purchased by the City.
Stover moved, Gagne seconded, to approve a license agreement to permit
John and Judy Cross to continue to use the driveway on the Cross
property after it has been purchased by the City.
Motion carried - 4/0.
Gagne asked about the Rapid Oil SIgn. Froberg said it would be
discussed at the next meeting.
COUNCIL REPORTS
MAYOR HAUGEN
Haugen received a letter from Mr. Daniel Huber complaining about
Howard's Point Road from Edgewood to the Point. The road is scheduled
for overlay this year and he will be made aware of this.
Haugen also received a letter Michael Erlichmann, Chairman of the
Local Regional Transit Board, indicating that she has been appointed
to the board.
I.AJ(;,:;< D I
,",of;
/; <- /~'J;' ,
" C-{j"'^:',' TY",' itJ 70..
~
Il T.t! .
STOVER
She received a letter from Terry O'Sullivan, who received a recycling
incentive.
GAGNE
He will not be going to Minnesota League Conference because it is the
night of the meeting regarding the water problem in the S. E. Area.
WATTEN
Received a call regarding a resident who lives next to the Excelsior
Apartments. They are dumping bepind the apartments. He felt the City
should write a letter to Exc~lsior regarding this.
Haugen said she would also notify the Police Department.
ADJOURNMENT SUBJECT TO PAYMENT OF CLAIMS
Watten moved. Gagne seconded, to adjourn the meeting at 12:00 A. M..
subject to the approval of the claims.
Motion carried - 5/0
1_.
'.
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PAGE 14
GENERAL AND LIQUOR FUNDS - ACCOUNT NUMBER 00-00166-02
Checks issued since August 10, 1990.
GENERAL
Checks No.4865-4973 $14,310.40
LIQUOR
$90,432.31
Checks No.4974-5006
$ 104,742.71
TOTAL CHECKS FOR APPROVAL
$84,905.82
TOTAL CHECK APPROVAL LIST
$189,648.53
TOTAL CHECKS ISSUED
PAYROLL REGISTER JULY 9, 1990
Checks No.204289/204323
GENERAL
$12,473.86
$15,688.12
LIQUOR
$3,214.26
TOTAL PAYROLL
RESPECTFULLY SUBMITTED,
Katie Snyder
Recording Secretary
MAYOR JAN HAUGEN
ADMINISTRATOR/CLERK LAURENCE E. WHITTAKER
14
.
.
RESOLUTION NO. 72-90
A RESOLUTION APPROVING SUBDIVISION AND COMBINATION OF
REAL PROPERTY
KENNETH KOEHNEN
WHEREAS, Kenneth Koehnen appeared before the City Council
representing James Miller and Debbie Miller (Millers), the owners or
equitable owners of certain real property in the City of Shorewood, County of
Hennepin, State of Minnesota, legally described in Exhibit 1, attached hereto
and made a part hereof; and
WHEREAS, A. L. Johnsen, T. M. Siefert, and N. Susan Siefert
(Johnsen/Siefert) are the owners or equitable owners of certain real property
in the City of Shorewood, County of Hennepin, State of Minnesota, legally
described in Exhibit 2, attached hereto and made a part hereof; and
WHEREAS, the Millers and Johnsen/Siefert have applied to the City
for a subdivision and combination of said properties to form Parcel A and
Parcel B, legally described in Exhibits 3 and 4, attached hereto and made a
part hereof; and
WHEREAS, the subdivision and combination requested by the
Applicants comply in all respects with the Shorewood Zoning Ordinance.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
S horewood as follows:
1. That the real properties legally described in Exhibits 1
and 2 be subdivided and combined to form Parcel A and
Parcel B, legally described in Exhibits 3 and 4.
2. That the City Clerk furnish Applicants with a certified
copy of this resolution for recording purposes.
3. That the applicants record this resolution with the
Hennepin County Recorder and Registrar of Titles within
thirty ( 30) days of the date of certification.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this
13th day of August, 1990.
Jan Haugen, Mayor
ATTEST:
Laurence E. Whittaker
City Administrator/Clerk
Roll Call Vote:
Ayes - Haugen, Brancel, Gagne, Stover
Nays - 0
-#-c7ZC-
.
.
GENE STROHMAN REQUESTS THE FOLLOWING BE ADDED TO THE MINUTES OF
AUGUST 13, 1990 - PAGE 10 - LMCD - FOR CLARIFICATION PURPOSES.
The LMCD Executi ve Director responded to the LMCD Report by Bob
Rascop to varify that the MN DNR does have a licensing procedure
for private weed harvestors. The DNR will send that information
direct to the city of SHorewood. While Mr. Rascop reports that a
private milfoil harvester may have cut weeds and let them float
away, we would consider this an isolated or rare instance, and
not the expected procedure of the responsible licensed private
weed harvest operator.
Taken by telephone
2:00 P.M.
8/27/90
Sue Niccum
-it J r!-
..
.
.
RESOLUTION NO.
A RESOLUTION APPROVING THIRD PARTY AGREEMENT
URBAN HENNEPIN COUNTY
1990 CDBG PROGRAM (YEAR XVI)
WHEREAS, the City of Shorewood is a cooperating unit in the Urban
Hennepin County Community Development Block Grant Program (CDBG) by virtue
of a joint cooperation agreement executed between the City and Hennepin
County pursuant to MSA 471. 59; and
WHEREAS, the City has executed a Subrecipient Agreement with
Hennepin County which allocates $5,936 from the FY 1990 Urban Hennepin
County CDBG program for the purpose of supporting the activities of the
Southshore Senior Center/Operations; and
WHEREAS, the City desires to enter into a Third Party Agreement
with Senior Community Services to provide such support.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Shorewood as follows:
1. That the City of Shorewood hereby approves the Third Party
Agreement, Urban Hennepin County, CDBG Program, with Senior Community
Services, attached hereto as Exhibit A.
BE IT FUR T HER RESOLVED that the City Council of the City of
Shorewood authorize the Mayor and City Administrator to execute said
Agreement on behalf of the City Council.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this
10th day of September, 1990.
Jan Haugen, Mayor
ATTEST:
Laurence E. Whittaker
City Administrator/Clerk
Roll Call Vote:
A yes -
Nays -
-td:3A-
HENNEPIN
.
DATE:
TO:
FROM:
SUBJECT:
.
AUG 3 0 1990
August 29, 1990
YEAR XVI THIRD PARTY AGREEMENT/
SOUTH SHORE SENIOR CENTER
Please have the accompanying agreement with Senior Community Services
executed by the appropriate local official and return two of the copies to
this office for filing and distribution.
LB:tf
Enclosure
;
.
.
THIRD PARTY AGREEMENT
URBAN HENNEPIN COUNTY
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
This agreement made and entered into by and between the City of
Shorewood (City) and Senior Community Services (Provider).
WITNESSETH:
WHEREAS, the City is a cooperating unit in the Urban Hennepin County
Community Development Block Grant Program (CDBG) by virtue of a joint coopera-
tion agreement executed between the City and Hennepin County pursuant to MSA
471.59, and
WHEREAS, the City has executed a Subrecipient Agreement with Hennepin County
which allocates $5,936 from the FY 1990 Urban Hennepin County CDBG program
for the purpose of supporting the activities as identified in Exhibit 1,
attached and a part of this agreement, hereinafter referred to as "activ-
ities."
NOW THEREFORE, in consideration of the mutual covenants and promises contained
in this Agreement, the parties hereto mutually agree to the following terms
and conditions:
1. The Uniform Administrative Requirements in 24 CFR 570.502 issued by
the United States Department of Housing and Urban Development (HUD) ,
shall apply to activity.
2. The Provider shall be responsible for procurement of all supplies,
equipment, services, and construction necessary for implementation
of the activity. Procurement shall be carried out in accordance
with the OMB Circular A-llO. The Provider shall prepare, or cause
to be prepared, all advertisements, negotiations, notices, and
documents; enter into all contracts; and conduct all meetings,
conferences, and interviews as necessary to insure compliance with
the above described procurement requirements.
3. The Provider shall be responsible for carrying out any acquisi-
tions of real property necessary for implementation of activity.
The Provider shall conduct all such acquisitions in its name and
shall hold title to all properties purchased. The Provider shall be
responsible for preparation of all notices, appraisals, and documen-
tation required in conducting acquisition under the latest appli-
cable regulations of the Uniform Relocation Assistance and Real
Property Acquisition Act of 1970 and of the CDBG Program. The
Provider shall also be responsible for providing all relocation
notices, counseling, and services required by said regulations.
4. The Provider shall comply with the acquisition and relocation
requirements of the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 as required under 24 CFR 570.606(a)
and HUD implementing regulations at 24 CFR Part 42; the requirements
in 24 CFR 570.606(b) governing the residential anti-displacement and
.
.
relocation assistance plan under section l04(d) of the Housing and
Community Development Act of 1974 (the Act); the relocation require-
ments of 24 CFR 570.606(c) governing displacement subject to section
l04(k) of the Act; and the requirements of 24 CFR 570.606(d)
governing optional relocation assistance under Section l05(a)(11) of
the Act, as pertaining to the activity.
5. The Provider shall maintain records for the expenditure of all CDBG
funds it receives, such records to be maintained in accordance with
OMB Circular A-110 and A-l22, as applicable. All records shall be
made available, upon request of the City for monitoring by the City.
The City shall have authority to review any and all procedures and
all materials, notices, documents, etc., prepared by the Provider in
implementation of activity, and the Provider agrees to provide all
information required by any person authorized by the City to request
such information from the Provider for the purpose of reviewing the
same.
6. The Provider shall take all necessary actions required to implement
activity and to comply with any related requests by the City, it
being understood that the City has responsibility to Hennepin County
for insuring compliance with such requirements. The Provider also
will promptly notify the City of any changes in the scope or
character of activity.
7. The Provider does hereby agree to release, indemnify, and hold
harmless the City from and against all costs, expenses, claims,
suits, or judgments arising from or growing out of any injuries,
loss or damage sustained by any person or corporation, including
employees of Provider and property of Provider, which are caused by
or sustained in connection with the tasks carried out by the
Provider under this Agreement.
8. The City agrees to provide the Provider with CDBG funds in such
amounts as agreed upon in this Agreement to enable the Provider to
carry out activity. It is understood that the City shall be held
accountable to Hennepin County for the lawful expenditure of CDBG
funds under this Agreement. The City shall therefore make no
payment of funds to the Provider and draw no funds from Hennepin
County on behalf of a Provider, prior to having received from the
Provider a request for reimbursement including copies of all
documents and records needed to insure that the Provider has
complied with all appropriate requirements.
9. The City shall be responsible for the preparation of all requests to
Hennepin County for HUD wage rate determinations on activity. The
Provider shall notify the City prior to initiating activity,
including advertising for contractual services which will include
costs likely to be subject to the provisions of Federal Labor
Standards and Equal Employment Opportunity and related implementing
regulations.
"
.
.
10, The City agrees to provide technical assistance to the Provider in
the form of oral and/or written guidance and on-site assistance
regarding CDBG procedures and project management. This assistance
will be provided as requested by the Provider, and at other times,
at the initiative of the City, when new or updated information
concerning the CDBG Program is received by the City from Hennepin
County and deemed necessary to be provided to the Provider.
11. In accordance with the provisions of 24 CFR 85.43, suspension or
termination of this Agreement may occur if the Provider materially
fails to comply with any term of this Agreement. This Agreement
may be terminated for convenience in accordance with 24 CFR 85.44.
The Agreement may be terminated with or without cause by either
party hereto by giving thirty (30) days written notice of such
termination. CDBG funds allocated to the Provider under this
Agreement may not be obligated or expended by the Provider following
such date of termination. Any funds allocated to the Provider under
this Agreement which remain unobligated or unspent following such
date of termination shall automatically revert to the City.
12. Any material alterations, variations, modifications or waivers of
the provisions of this Agreement shall only be valid when they have
been reduced to writing as an amendment to this Agreement approved
by Hennepin County through its Office of Planning and Development
and properly executed by the authorized representatives of the
parties. All amendments to this Agreement shall be made a part of
this Agreement by inclusion in Exhibit 2 which shall be attached at
the time of any amendment.
13. All data collected, created, received, maintained or disseminated
for any purpose by the Provider in the performance of this Agreement
is governed by the Minnesota Government Data Practices Act, Minne-
sota Statutes, Chapter 13, and all other statutory provisions
governing data privacy, the Minnesota Rules implementing such act
now in force or hereafter adopted, as well as federal regulations on
data privacy.
14. During the performance of this Agreement, the Provider agrees to the
following: In accordance with the Hennepin County Affirmative
Action Policy and the County Commissioners' Policies Against
Discrimination, no person shall be excluded from full employment
rights or participation in, or the benefits of, any program, service
or activity on the grounds of race, color, creed, religion, age,
sex, disability, marital status, affectional/sexual preference,
public assistance status, ex-offender status, or national origin;
and no person protected by applicable federal or state laws against
discrimination shall otherwise be subjected to discrimination.
15. The effective date of this Agreement is July 1, 1990. The termina-
tion date of this agreement is December 31, 1991, or at such time
as activity is satisfactorily completed prior thereto. Upon expira-
tion, the Provider shall relinquish to the City all program funds
unexpended or uncommitted for the activity.
.
.
16. Any program income as a result of the activity shall be returned
immediately to the City upon receipt and the provisions of 24 CFR
570.504 shall apply.
17. Any real property acquired or improved as a result of activity, in
whole or in part, using COBG funds in excess of $25,000 shall either
be:
a. Used to meet one of the national objectives in 24 CFR 570.208
until five years after expiration of this Agreement;
b. Oisposed of in a manner that results in the City being
reimbursed in the amount of the current fair market value of
the property less any portion of the value attributable to
expenditures of non-COBG funds for acquisition of, or
improvement to, the property.
18. The following standards shall apply to real property acquired or
improved as a result of activity, in whole or in part:
a. The Provider shall inform the City at least thirty (30) days
prior to any modification or change in the use of the real
property from that planned at the time of acquisition or
improvements, including disposition.
b. The Provider shall reimburse the City in an amount equal to the
current fair market value (less any portion thereof attribut-
able to expenditures of non-COBG funds) of property acquired or
improved as a result of activity that is sold or transferred
for a use which does not qualify under the COBG regulations.
Said reimbursement shall be provided to the City at the time of
sale or transfer of the property.
19. The Provider agrees to provide City with an annual audit report
consistent with OMB Circular A-llO, Uniform Requirements for Grants
to Universities, Hospitals and Non-Profit Organizations and OMB
Circular A-122 Cost Principles for Non-profit organizations.
a. The audit report is to be provided to City on July 1 of each
year this Agreement is in effect and any findings of non-
compliance affecting the use of COBG funds shall be satisfied
by Provider within six (6) months of the provision date.
b. The audit may not be paid from COBG funds.
c. City reserves the right to recover from Provider the full
amount of any COBG funds found to be improperly expended or
otherwise disallowed.
20. The Provider shall comply with the general condition of 24 CFR
570:200, particularly sections; (f) (Means of Carrying Out Eligible
Activities); and (j) (Constitutional Prohibitions Concerning
Church/State Activities).
.
.
21. The Provider as appropriate shall comply with the Lead-Based Paint
notification, inspection, testing and abatement procedures estab-
lished in 24 CFR 570.608.
22. No Federal appropriated funds have been paid or will be paid, by or
on behalf of the Provider, to any person for influencing or attempt-
ing to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal
loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any
Federal contract, grant, loan, or cooperative agreement.
23. If any funds other than Federal appropriated funds have been paid or
will be paid to any person for influencing or attempting to influ-
ence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of
Congress in connection with this Federal contract, grant, loan, or
cooperative agreement Standard Form-LLL, "Disclosure Form to Report
Lobbying," will be completed and submitted in accordance with its
instructions.
Provider, having signed this Agreement,
having duly approved this Agreement on
pursuant to such approval the parties hereto
sions herein set forth.
and the City of
, 19 _, and
agree to be bound by the provi-
IN TESTIMONY WHEREOF, the parties hereto have set their hands and
affixed their seals this _ day of , 1990.
Upon proper execution, this Agreement will be legally valid and binding.
CITY OF SHOREWOOD
STATE OF MINNESOTA
By
Mayor
and
Its
PROVIDER
c
By
an
Its
.
.
THIRD PARTY AGREEMENT
URBAN HENNEPIN COUNTY
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
Shorewood
Year XVI
EXHIBIT 1.
STATEMENT OF WORK
The following activity shall be carried out by the Provider under the terms of
this Agreement and the details and processes set forth below:
1. ACTIVITY: Southshore Senior Center/Operations
2. LOCATION: ADDRESS: Citywide
CENSUS TRACT:
3. NUMBER: 090
4. BUDGET: $5,936
5 . BENEFIT:
6. DESCRIPTION:
Provide funds for paying the salary of the Coordinator of the Southshore
Senior Center for the period July 1, 1990 to June 30, 1991.
7. GENERAL REQUIREMENTS: Requirements with an "x" are applicable to this
activity.
[] Supplemental Agreement
Non-Profit Agency
Public Agency
Other
An agreement must be executed with any other agency providing a service
or implementing an activity qn behalf of Provider. Said agreement must
contain all pertinent sections contained in Third Party Agreement and
such other requirements as are identified herein.
[X] Schedule
Activity must be implemented in a timely manner and completed by December
31, 1991.
.
.
[X] Environmental Review Record
Per 24 CFR Part 58 Subpart E the environmental review status for this
activity has been determined as follows:
[] Exempt (EX)
[] Categorically Excluded (CE)
[X] Categorically Excluded/Exempt (CE/EX)
[] Assessment Required (AR)
[] Funds Released (FR) Date:
[] Labor Standards/Equal Employment Opportunity
All construction projects of $2,000 or more and financed in whole or part
with federal funds shall comply with the provisions of the Davis-Bacon
Act (prevailing wage), the Contract Work Hours and Safety Standards Act
and the Copeland (Anti-Kickback) Act.
All federally funded or assisted construction contracts or subcontracts
of $10,000 or more shall comply with Executive Order 11246, Equal
Employment Opportunity, as amended, and the regulations issued pursuant
thereto, 41 CFR Part 60.
[] Procurement
Standards and guidelines are established in 24 CFR Part 85.36 for the
procurement of supplies, equipment, construction and services for
federally assisted programs. All procurement shall be made by one of the
following methods. The method used shall be adequately documented and
contracts shall contain standard conditions as appropriate.
Small Purchase. (Informal Method) To be followed for the purchase
of services, supplies or other property costing in the aggregate not
more than $25,000. If small purchase procurement is used, written
price or rate quotations must be obtained from an adequate number of
qualified sources.
Competitive Sealed Bids. (Formal Advertising) To be followed when
the purchase/s, costing in ~he aggregate, exceeds $25,000. Sealed
bids shall be publicly ~olicited and a firm fixed-price contract is
to be awarded to the lowest responsible bidder. This method is
preferred for soliciting construction bids.
Competitive Proposals. This method is normally used when more than
one source submits an offer, and either a fixed-price or cost-
reimbursement type contract is awarded. This method is typically
used for procuring professional services.
[] Uniform Relocation Assistance and Real Property Acquisition
The standards described in 49 CFR Part 24 shall apply to activity that
involves the acquisition of real property or the displacement of persons,
including displacement caused by rehabilitation and demolition.
.
.
[] Residential Antidisplacement and Relocation Assistance
All occupied and vacant occupiable low-moderate income dwelling units
demolished or converted to another use as a direct result of activity
shall be replaced and relocation assistance shall be provided to each
displaced low-moderate income household in accordance with the Urban
Hennepin County CDBG Program Anti-displacement and Relocation Assistance
Policy, pursuant to Section 104(d) of the Housing and Community Develop-
ment Act of 1974, as amended.
[] Property Management
The standards described in 24 CFR Part 570.505 Subpart J shall apply to
all real property which was acquired or improved in whole or in part
using CDBG funds in excess of $25,000. These standards apply for a
period of five (5) years after the termination of this agreement.
[X] Low and Moderate Income
Using the applicable Section 8 income limits established by HUD, it shall
be demonstrated that a low- and moderate-income activity so indicated in
5. Benefit, above, meets one of the four criteria of 24 CFR Part 570.208,
relating to:
[] Area Benefit
[X] Limited Clientele
[] Housing
[] Job Creation or Retention
[] Prevention or Elimination of Slums and Blight
It shall be demonstrated that a slum and blight activity so indicated in
5. Benefit, above, meets one of the following criteria:
[] Area Determination. The boundaries of the slum or blighted area
must be defined and meet the requirements of 24 CFR Part 570.208
(b)(l).
[] Spot Basis. The specific conditions of blight or physical decay not
located in a slum or blighted area must be described.
[ ] Urgent Community Need
It shall be demonstrated that an urgent need activity, so indicated in 5.
Benefit. above, is designed to alleviate a recent (within 18 months)
condition which poses a serious and immediate threat to the health or
welfare of the community.
[] Other Requirements
e:. -~_-~m~~
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.
RESOLUTION NO.
A RESOLUTION GRANTING SETBACK VARIANCES TO
CHESTER YANIK
WHEREAS, Chester Yanik (Applicant) is the owner of certain real
property in the City of Shorewood, County of Hennepin, State of Minnesota,
legally described in Exhibit A, attached hereto and made a part hereof;
and
WHEREAS, Applicant has constructed a deck and gazebo at the rear
of his home located at 4245 Enchanted Lane in the City of Shorewood, the
locations of which deck and gazebo do not comply with the lake shore
setback requirements of the Shorewood Zoning Code; and
WHEREAS, Applicant now proposes to move the gazebo to the east
side of the lot so as to conform to the 50-foot lakeshore setback.
However, a move to such location will then require a 7-foot side yard
setback variance; and
WHEREAS, Applicant now proposes to remove that portion of the
deck which extends a distance of more than 15 feet into the lakeshore
setback area, except that the front line of the deck be permitted to
continue as a straight line westerly from the middle portion; and
WHEREAS, a public hearing was held and the application reviewed
by the Planning Commission on 17 July 1990, and, after deliberation, the
Planning Commission prepared recommendations to the City Council; and
WHEREAS, Applicant appeared before the City Council by his
attorney at a regular Council meeting held on 23 July 1990, at which time
the City Council reviewed the application and the recommendations of the
Planning Commission; and
WHEREAS, after due deliberation and review of the background
concerning the application, the Council directed the City A ttorney to
prepare a resolution setting forth Findings and Conclusions approving a
15-foot rear yard setback variance for the deck and denying all other
variances for the deck and gazebo: and
WHEREAS, Applicant's attorney again appeared before the City
Council at a regular meeting held on 27 August 1990, at which time the
City Council voted to reconsider the matter and directed the City Attorney
to prepare a resolution setting forth Findings and Conclusions approving a
7-foot side yard setback variance for the gazebo and a lS-foot rear yard
setback for the deck, subject to certain terms and condition.
*~
.
.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
FINDINGS OF FACT
( 1 ) T hat the subject property is located in a lakeshore zoning
district which requires a 50-foot rear yard setback and a 10-foot minimum/30
foot total side yard setback.
( 2 ) T hat A pplicant has constructed a deck at the rear of his home
which extends up to approximately 28 feet from the shoreline, and has
constructed a gazebo which extends up to approximately 35 feet from the
shoreline.
(3) That Applicant requests a 15-foot rear yard setback variance
for the deck, except that the front line of the deck be permitted to continue
in a straight line westerly from the middle portion, and has agreed to remove
such portion of the deck which extends into the setback area beyond such
line.
(4) T hat a 15-foot rear yard setback variance permitting the
construction of a deck extending up to 35 feet from the lakeshore had been
previously granted to the Applicant in 1981.
( 5 ) T hat A pplicant proposes to move the gazebo to the east side of
his lot, and requests a 7-foot side yard setback variance to accommodate such
location.
(6) That although Applicant has an average of almost 50 feet of
side yard setback (adding together both sides), because the lot lines are not
parallel with the building lines, this average is composed of differing
amounts on each side of the building at various points, and the resulting
setback line is insufficient to permit the location of the gazebo without a
variance.
(7) That due to the configuration of the lot and location of the
existing building on the lot, the proposed location of the gazebo would be
the most appropriate site.
(8) That the Applicant's proposal for a 15-foot rear yard setback
for the deck, and a 7-foot side yard setback for the gazebo constitutes a
reasonable use of this property and would have a minimal impact on the
neighboring properties.
CONCLUSIONS
(1) That the Applicant has satisfied the criteria for the grant of
variances under the applicable sections of the Shorewood City Code and
Minnesota Statutes.
.
.
(2) That based upon the foregoing, the City Council hereby grants
the Applicant's request for variances as set forth above, subject to the
following terms and conditions:
(a) That Applicant remove that portion of the deck which extends
into the rear yard setback area beyond the line allowed by the
variance granted herein, and Applicant move the gazebo to the
east side of the lot so as to conform to the side yard setback
variance granted herein, within sixty (60) days of the date
hereof.
(b) That Applicant enter into a recordable agreement with the City
of Shorewood providing that no structures or additions shall be
constructed on the west side of the existing building.
(c) That Applicant record a certified copy of this Resolution
together with the above-referenced agreement with the Hennepin
County Recorder or Registrar of Titles within thirty (30) days
of the date of certification.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD
this 10th day of September, 1990.
Jan Haugen, Mayor
ATTEST:
Laurence E. Whittaker
City Administrator/Clerk
Roll Call Vote:
A yes -
Nays -
.
-
RESOLUTION NO.
A RESOLUTION GRANTING A VARIANCE TO
W. ROBERT ANDERSON
TO ADD ON TO A NON-CONFORMING STRUCTURE
WHEREAS, W. Robert Anderson (Applicant) is the owner of real
property located at 5725 Merry Lane, City of Shorewood, County of
Hennepin, State of Minnesota, legally described in Exhibit A, attached
hereto and made a part hereof; and
WHEREAS, Applicant has an existing single-family dwelling on the
property which extends 23 feet into the 75-foot lakeshore front yard
setback area; and
WHEREAS, Applicant has applied for a variance to construct an
addition to the existing building consisting of a solarium on the lakeside
of his home, which addition will extend an additional three (3) feet into
the front-yard setback area; and
WHEREAS, after required notice a public hearing and the
application reviewed by the Planning Commission at a regular meeting held
on 7 August 1990, the minutes of which meeting are on file at City Hall;
and
WHEREAS, the Applicant appeared before the City Council at a
regular meeting of the Council held on 27 August 1990, at which time the
Planner's memorandum was reviewed and comments were heard by the Council
from the Applicant and from the City staff; and
WHEREAS, the City Attorney was directed by the City Council to
prepare a resolution setting forth Findings and Conclusions approving the
Applicant's request for a setback variance.
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 a R-1C, single-family
residential zoning district and is also subject to the requirements of the
S, Shoreland District, which requires a lakeshore setback of 75 feet.
#(p
-
II
.
.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this
10th day of September, 1990.
Jan Haugen, Mayor
ATTEST:
Laurence E. Whittaker
City Administrator/Clerk
Roll Call Vote:
A yes -
Nays -
1
t
.
.
RESOLUTION NO.
A RESOLUTION GRANTING A VARIANCE TO
ROCKFORD WALDIN
TO ADD ON TO A NON-CONFORMING STRUCTURE
AND A CONDITIONAL USE PERMIT FOR ADDITIONAL ACCESSORY SPACE
WHEREAS, Rockford Waldin (Applicant) is the owner of real
property located at 5755 Merry Lane, City of Shorewood, County of
Hennepin, State of Minnesota, legally described in Exhibit A, attached
hereto and made a part hereof~ and
WHEREAS, Applicant has an existing single-family dwelling, which
dwelling is located entirely within the 75 foot lake shore setback area~
and
WHEREAS, Applicant has applied for a variance to construct an
addition at the rear of the existing building consisting of a two-story
living space addition, a 1,338 square foot garage/workshop addition, and a
three-season porch addition on the south side of the existing building,
which will lengthen the existing three-season porch by six (6) feet, all
of which is within the setback area~ and
WHEREAS, the Shorewood City Code requires a Conditional Use
Permit for the construction of accessory space containing a total square
footage in excess of 1,200 square feet~ and
WH ERE AS, after required notice a public hearing was held and the
application reviewed by the Planning Commission at regular meetings held
on 17 July 1990 and 7 August 1990, the minutes of which meeting are on
file at City Hall~ and
WHEREAS, the Applicant appeared before the City Council at a
regular meeting of the Council held on 27 August 1990, at which time the
Planner's memoranda were reviewed and comments were heard by the Council
from the Applicant and from the City staff~ and
WHEREAS, the City Attorney was directed by the City Council to
prepare a resolution setting forth Findings and Conclusions approving the
Applicant's request for a variance and conditional use permit.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
~1-
.
.
FINDINGS OF FACT
1. T hat the subject property is a lakeshore lot located in a
R-1A single-family residential zoning district which requires a 75 foot
lakeshore setback.
2. T hat the existing building on the property is located
entirely within the lakeshore setback area and is therefore a
non-conforming structure.
3. That the proposed rear-yard addition will extend
approximately nine (9) feet into the lakeshore setback, and the porch
addition at the south side of the existing building will extend
approximately nineteen (19) feet into the lakeshore setback area, both of
which additions will increase the non-conformity of the structure.
4. T hat any addition to a non-conforming structure which
increases the non-conformity requires a variance pursuant to the Shorewood
City Code.
5. T hat the total proposed accessory space (1,338 square feet)
does not exceed the "footprint" area of the principal structure (2,217
square feet).
6. T hat the total area of the accessory space does not exceed
ten per cent (10%) of the minimum lot area for the R-1A zoning district in
which it is located (4,000 square feet).
7. That the two-story addition and garage/workshop at the rear
of the existing building and the extended three season porch on the south
side of the building have been designed as an integral part of the
existing home and the building is architecturally appropriate for the
area.
8. That due to the configuration of the lot and the location of
the existing building on the lot, the Applicant has no alternative means
of achieving a reasonable use of the property under the terms of the
zoning code.
9. That the additions proposed by the Applicant constitute a
reasonable use of the property and would have minimal impact on the
neighboring properties.
CONCLUSIONS
1. That Applicant has satisfied the criteria for the grant of
variances under the Shorewood City Code and has established an undue
hardship as defined by Minnesota Statutes.
..
.
.
2. That Applicant has satisfied the criteria for the grant of a
conditional use permit under the Shorewood City Code and Minnesota
statutes.
3. That based upon the foregoing, the City Council hereby grants
the Applicant's request for variances and a conditional use permit as set
forth hereinabove.
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 September, 1990.
Jan Haugen, Mayor
ATTEST:
Laurence E. Whittaker
City Administrator/Clerk
Roll Call Vote:
A yes -
Nays -
.
.
RESOLUTION NO.
RESOLUTION DIRECTING
DELINQUENT DEVELOPER FEES
BE PLACED ON THE 1991 TAX ROLLS
WHEREAS, the City of Shorewood (City) entered into a Residential
Subdivision Development Agreement with William B. Ecoff (Developer) on August
24, 1987, for the property identified in Exhibit A, attacherdhereto and made
a part hereof; and
WHEREAS, paragraph 28 of said agreement provides that in the event
the Developer defaults in the performance of the agreement, the City may
cause the costs incurred by the City to be recovered as a special assessment
against the property i and
WHEREAS, the Council has made a determination that the Developer has
defaulted in the performance of such agreement by failure to pay to the City
the Developer fees associated with the development of such property as set
forth in Exhibit A.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
1. That the Hennepin County Special Division be and hereby is
authorized to place the delinquent Developer Fees on the 1991 tax rolls and
against the specified properties as set forth in Exhibit A.
2. T hat such delinquent charges shall be called Delinquent Developer
Fees Account 11856.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this
10th day of September, 1990.
Jan Haugen, Mayor
ATTEST:
Laurence E. Whittaker
City Administrator I Clerk
Roll Call Vote: .
A yes -
Nays -
+k'g
.
.
RESOLUTION NO.
RESOLUTION DIRECTING
DELINQUENT SEWER AND WATER UTILITY CHARGES
AND PRIVATE PROPERTY CLEAN-UP CHARGES
BE PLACED ON THE 1991 T AX ROLLS
WHEREAS, Shorewood City Code provides for the City to place
delinquent sewer and water utility charges and private property clean-up
charges on the succeeding year tax rolls for the specified properties, and
WHEREAS, the Council has made a determination that delinquent sewer
and water utility charges and private property clean-up charges exist for the
specified properties set forth in Exhibits A, B, and C, attached hereto and
made a part hereof.
NOW, THEREFO RE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
1. That the Hennepin County Special Division be and hereby is
authorized to place the delinquent sewer and water utility charges and
private property clean-up charges on the 1991 tax rolls and against the
specified properties as set forth in Exhibits A, B, and C.
2. That such delinquent charges shall be called Delinquent Sewer
Account 11852, Delinquent Water Account 11853, and Private Property Clean-Up
Account 11854.
ADOPTED BY THE CITY COUNCIL of the City of Shorewood this
10th day of September, 1990.
Jan Haugen, Mayor
ATTEST:
Laurence E. Whittaker
City Administrator/Clerk
Roll Call Vote:
Ayes
Nays -
.
.
RESOLUTION NO.
RESOLUTION DIRECTING
DELINQUENT DEVELOPER FEES
BE PLACED ON THE 1991 TAX ROLLS
WHEREAS, the City of Shorewood (City) entered into a Residential
Subdivision Development Agreement with William A. Diem (Developer) on May 11,
1988, for the property identified in Exhibit A, attacherd hereto and made a
part hereof; and
WHEREAS, paragraph 27 of said agreement provides that in the event
the Developer defaults in the performance of the agreement, the City may
cause the costs incurred by the City to be recovered as a special assessment
against the property; and
WHEREAS, the Council has made a determination that the Developer has
defaulted in the performance of such agreement by fallure to pay to the City
the Developer fees associated with the development of such property as set
forth in Exhibit A.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
1. That the Hennepin County Special Division be and hereby is
authorized to place the delinquent Developer Fees on the 1991 tax rolls and
against the specified properties as set forth in Exhibit A.
2. That such delinquent charges shall be called Delinquent Developer
Fees Account 11856.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this
10th day of September, 1990.
Jan Haugen, Mayor
ATTEST:
Laurence E. Whittaker
City Administrator/Clerk
Roll Call Vote:
A yes -
Nays -
.
.
RESOLUTION NO.
A RESOLUTION APPROVING SPECIAL ASSESSMENTS FOR
MUNICIPAL WATER SERVICE CONNECTION CHARGE
WHEREAS, Shorewood City Code Chapter 903 provides for the collection
of municipal water service connection charges as a special assessment to the
benefited property; and
WHEREAS, pursuant to proper notice duly given as required by law,
the Council has met and heard and passed upon all objections to the proposed
assessment for the municipal water service connection charge as set forth
below.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
S horewood as follows:
1. T hat the following connection charge be assessed against the
property identified below:
Property Identification Number
Amount to be Assessed
32-117-23-33-0004
$4,000.00
2. T hat such special assessment is hereby accepted and designated
as Account 11855, and shall constitute the special assessment against the
property identified above, and such property is hereby found to be benefited
by the proposed improvement in the amount of the assessment levied against
it.
3. That such assessment shall be payable in equal annual
installments extending over a period of 5 years and shall bear interest at
the rate of 8 per cent (8%) per annum from the date of the adoption of this
assessment resolution.
4. That the owner of said. property so assessed may pay the whole of
the assessment against the property to the City of Shorewood without interest
if payment is made prior to November 15, 1990. After November 15, 1990,
following the date of the assessment, the first year's installment shall be
added to the taxes for the year's tax list and collected as taxes with
interest accruing from the date of assessment through December 31 of the
following year. All payments thereafter shall be in accordance with the
provisions of Minnesota Statutes Section 429.061, Subd. 3.
.
.
5. That the City Administrator/Clerk shall forthwith transmit a
certified duplicate of this assessment to the County Auditor to be extended
on the proper tax lists for the County, and such assessments shall be
collected and paid over in the same manner as other municipal taxes.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this
10th day of September, 1990.
Jan Haugen, Mayor
ATTEST:
Laurence E. Whittaker
City Administrator / Clerk
Roll Call Vote:
A yes -
Nays -
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RESOLUTION NO.
A RESOLUTION APPROVING THE FINAL PLAT OF
SHOREWOOD SUBURBAN ESTATES
WHEREAS, the final plat of SHOREWOOD SUBURBAN ESTATES has been
submitted in the manner required for the platting of land under the Shorewood
City Code and under Chapter 462 of Minnesota Statutes, and all proceedings
have been duly had thereunder; and
WHEREAS, said plat is consistent with the Shorewood Comprehensive
Plan and the regulations and requirements of the laws of the State of
Minnesota and the City Code of the City of Shorewood.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Shorewood:
1. That the final plat of SHOREWOOD SUBURBAN ESTATES is hereby
approved.
2. T hat the approval is specifically conditioned upon the terms and
conditions contained in the Development Agreement for SHOREWOOD SUBURBAN
EST A TES, attached hereto and made a part hereof.
3. That the Mayor and City Clerk are hereby authorized to execute
the Certificate of Approval for the plat and the said Development Agreement
on behalf of the City Council.
4. That this Resolution and the final plat shall be filed and
recorded within thirty (30) days of the date of certification of this
Resolution.
BE IT FURTHER RESOLVED, that the execution of the Certificate upon
said plat by the Mayor and City 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 September, 1990.
Jan Haugen, Mayor
ATTEST:
Laurence E. Whittaker
City Administrator/Clerk
Roll Call Vote:
Ayes -
Nays -
#{
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9/5/90
CITY OF SHOREWOOD
RESIDENTIAL SUBDIVISION DEVELOPMENT AGREEMENT
SHOREWOOD SUBURBAN ESTATES
THIS AGREEMENT, made this _ day of , 1990, by and between
the CITY OF SHOREWOOD, a Minnesota municipal corporation, hereinafter
referred to as the "City", and NORTH SUBURBAN DEVELOPMENT, INC., a Minnesota
Corporation, hereinafter referred to as the "Developer".
WHEREAS, the Developer has an interest in certain lands described in
Exhibit A, attached hereto and made a part hereof, which lands are
hereinafter referred to as the "Subject Property"; and
WHEREAS, the Developer has made application under the City
Subdivision Ordinance for City Council approval of a single-family
residential development plat of the subject property, said plat to contain
approximately 11.38 acres divided into 11 lots, and to be known as SHOREWOOD
SUBURBAN ESTATES, and
WHEREAS, the City Council by its resolution passed on August 13,
1990, has approved the preliminary plat of the subject property; and
WHEREAS, the Developer has now submitted its final plat for the
development of the subject property, which plat is attached hereto and made a
part hereof as Exhibit Bj and
WHEREAS, the the Developer has made application to the City to be
allowed at Developer's expense to construct all surfaced streets, curbs,
gutters, required landscaping, storm sewer and surface water drainage
facilities, street signs, sanitary sewer facilities and underground electric,
gas and telephone service lines to all lots within the plat approved by the
City, all of the foregoing hereinafter sometimes referred to as improvements.
NOW, THEREFORE, in consideration of the foregoing premises and
acceptance by the City of the final plat of SHOREWOOD SUBURBAN ESTATES, the
City and the Developer agree as follows:
1. IMPROVEMENTS INSTALLED BY DEVELOPER. Developer agrees at its expense to
construct, install and perform all work and furnish all materials and
equipment in connection with the installation of the following improvements:
a. Street grading, stabilizing and bituminous surfacing;
b. Concrete surmountable curbs and gutters;
c. Sanitary sewer mains;
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.
d. Storm sewer and surface water drainage facilities;
e. Street name signs and traffic control signs;
f. Required landscaping.
It is understood that underground utility lines, including gas, electric, and
telephone, shall be installed by the respective private utility companies
pursuant to separate agreements with the Developer.
2. PRE-CONSTRUCTION MEETING. Prior to the commencement of construction,
Developer or its engineer shall arrange for a pre-construction meeting to be
held at Shorewood City Hall. Such meeting shall be coordinated with the City
Engineer and shall include all appropriate parties specified by the City
Engineer.
3. STANDARDS OF CONSTRUCTION. Developer agrees that all of the improvements
set forth in Paragraph 1 above, shall equal or exceed City standards, shall
be constructed and installed in accordance with engineering plans and
specifications approved by the City Engineer and the requirements of
applicable City ordinances and standards, and that all of said work shall be
subject to final inspection and approval by the City Engineer.
4. MATERIALS AND LABOR. All of the materials to be employed in the making
of said improvements and all of the work performed in connection therewith
shall be of uniformly good and workmanlike quality, shall equal or exceed
City standards and specifications, and shall be subject to the inspection and
approval of the City. In case any materials or labor supplied shall be
rejected by the City as defective or unsuitable, then such rejected materials
shall be removed and replaced with approved materials, and rejected labor
shall be done anew to the satisfaction and approval of the City at the cost
and expense of Developer.
5. SCHEDULE OF WORK. The Developer shall submit a written schedule in the
form of a bar chart indicating the proposed progress schedule and order of
completion of work covered by this Agreement. It is understood and agreed
that the work shall be performed in one phase to be completed
by It is further understood and agreed that the
existing out-building on lot 5 will be removed by Developer within 6 months
and prior to conveyance of the lot. r Upon receipt of written notice from the
Developer of the existence of causes over which the Developer has no control,
which will delay the completion of the work, the City, at its discretion, may
extend the dates specified for completion.
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6. STREETS. SANITARY SEWER AND STORM SEWER FACILITIES
a. Plans and Specifications. The Developer agrees to cause its
engineers to prepare all plans and specifications necessary for the
installation of sanitary sewer, storm sewer and surface water drainage
facilities in said plat, and streets, curb and gutter and watermains within
and outside of the plat, street identification signs and traffic control
signs, said plans and specifications to be subject to the final approval of
the City Engineer.
b. As-Built Plan. Within sixty (60) days after the completion of
construction, Developer shall cause its engineer to prepare and file with the
City a full set of "as-built" plans, including a mylar original and two (2)
black line prints, showing the installation of the foregoing facilities
within the plat. Failure to file said "as-built" plans within said sixty
(60) day period shall suspend the issuance of building permits for any
further construction within the plat.
c. Easements. Developer, at its expense, shall acquire all
easements from abutting property owners necessary to the installation of the
sanitary sewer, storm sewer, surface water drainage facilities and watermains
within the plat, and thereafter promptly assign said easements to the City.
d. Pre-existing Drain Tile. All pre-existing drain tile disturbed
by Developer during construction shall be restored by Developer.
e. Metropolitan Waste Control Commission (MWCC). The plat
contemplates a sanitary sewer lateral line to tap into the MWCC sewer line
located in Strawberry Lane at Strawberry Court. Developer shall obtain all
necessary permits from MWCC for such tap.
7. STAKING. SURVEYING AND INSPECTION. It is agreed that the Developer,
through his engineer, shall provide for all staking and surveying for the
above-described improvements. In order to ensure that the completed
improvements conform to the approved plans and specifications, the City will
provide for resident inspection.
8. GRADING. DRAINAGE. AND EROSION CONTROL. Developer, at its expense, shall
provide grading, drainage and erosion control plans to be reviewed and
approved by the City Engineer. Said plans shall provide for temporary dams,
earthwork or such other devices and practices, including seeding of graded
areas, as necessary, to prevent the washing, flooding, sedimentation and
erosion of lands and streets within and outside the plat during all phases of
construction. Developer shall keep all streets within the plat free of all
dirt and debris resulting from construction therein by the Developer, its
agents or assignees.
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9. STREET SIGNS. Developer, at its expense, shall provide standard city
street identification signs and traffic control signs in accordance with the
Minnesota Manual on Uniform Traffic Control Devices.
10. ACCESS TO RESIDENCES. Developer shall provide reasonable access,
including temporary grading and graveling, to all residences under
construction in the plat until the streets are accepted by the City.
11. OCCUPANCY PERMITS. The occupancy of any new structure on any lot within
said plat shall be prohibited by the City until the streets shall have been
graded and surfaced with class 5-100% crushed material and municipal sanitary
sewer lines shall have been installed and are available to serve the lot for
which occupancy has been requested.
12. FINAL INSPECTION. Upon completion of the improvements set forth in
Paragraph 1 above, the City Engineer, the contractor, and the Developer's
engineer will make a final inspection of the work. When the City Engineer is
satisfied that all work is completed in accordance with the approved plans
and specifications, and the Developer's engineer has submitted a written
statement attesting to same, the City Engineer shall recommend that the
improvements be accepted by the City.
13. CONVEYANCE OF IMPROVEMENTS. Upon completion of the installation by
Developer and approval by the City Engineer of the improvements set forth
in Paragraph 1 above, the Developer shall convey said improvements to the
City free of all liens and encumbrances and with warranty of title, which
shall include copies of all lien waivers. Should the Developer fail to so
convey said improvements, the same shall become the property of the City
without further notice or action on the part of either party hereto, other
than acceptance by the City.
14. REPLACEMENT. All work and materials performed and furnished hereunder
by the Developer, its agents and subcontractors, found by the City to be
defective within one year after acceptance by the City, shall be replaced by
Developer at Developer's sole expense. Within a period of thirty (30) days
prior to the expiration of the said one-year period, Developer shall perform
a televised inspection of all sanitary sewer lines within the plat and
provide the City with a VHS videotape thereof.
15. RESTORATION OF STREETS, PUBLIC FACILITIES AND PRIVATE PROPERTIES.
The Developer shall restore all City streets and other public facilities and
any private properties disturbed or damaged as a result of Developer's
construction activities, including sod with necessary black dirt, bituminous
replacement, curb replacement, and all other items disturbed during
construction.
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16. REI}ffiURSE}~NT OF COSTS. The Developer shall reimburse the City for all
costs, including reasonable engineering, legal, planning and administrative
expenses incurred by the City in connection with all matters relating to the
administration and enforcement of the within Agreement and the performance
thereof by the Developer. Such reimbursement of costs shall be made within
thirty (30) days of the date of mailing of the City's notice of costs to the
address set forth in Paragraph 23 below. All costs charged to the Developer
shall be itemized identifying person, task, time, date, and at-cost rate.
17. CLAIMS FOR WORK. The Developer or its contractor shall do no work or
furnish no materials not covered by the plans and specifications and special
conditions of this Agreement, for which reimbursement is expected from the
City, unless such work is first ordered in writing by the City Engineer as
provided in the specifications. Any such work or materials which may be done
or furnished by the contractor without such written order first being
obtained shall be at its own risk, cost and expense.
18. LETTER OF CREDIT. For the purpose of assuring and guaranteeing to the
City that the improvements to be constructed, installed and furnished by the
Developer as set forth in Paragraph 1 above, shall be constructed, installed
and furnished according to the terms of this Agreement, and to ensure that
the Developer shall pay all claims for work done and materials and supplies
furnished for the performance of this Agreement, the Developer agrees to
furnish to the City either a cash deposit or an irrevocable letter of credit
approved by the City in an amount equal to 150% of the total cost of said
improvements estimated by the Developer's engineer and approved by the City
Engineer. Said deposit or letter of credit shall remain in effect for a
period of one year following the completion of the required improvements.
The said deposit or letter of credit may be reduced in amount at the
discretion of the City upon acceptance by the City of the various individual
improvements but in no event shall such letter of credit be reduced to an
amount less than 100% of the total cost of said improvements. At such time
as all of the improvements have been accepted by the City, such letter of
credit may be replaced by a maintenance bond.
19. LIABILITY INSURANCE. The Developer shall take out and maintain during
the life of this agreement public liability and property damage insurance
covering personal injury, including death, and claims for property damage
which may arise out of the Developer" s work or the work of their
subcontractors, or by one directly or indirectly employed by any of them.
This insurance policy shall be a single limit public liability insurance
policy in the amount of $1,000,000.00. The City shall be named as additional
insured on said policy and the Developer shall file a copy of the insurance
coverage with the City.
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Prior to commencement of construction of the improvements described in
Paragraph 1 above, the Developers shall file with the City a certificate of
such insurance as will protect the Developer, his contractors and
subcontractors from claims arising under the workers' compensation laws of
the State of Minnesota.
20. LAWS, ORDINANCES, REGULATIONS AND PERMITS. Developer shall comply with
all laws, ordinances, and regulations of all regulatory bodies having
jurisdiction of the Subject Property and shall secure all permits that may be
required by the City of Shorewood, the State of Minnesota, the Minnehaha
Creek Watershed District, and the Metropolitan Waste Control Commission
before commencing development of the plat.
21. SEWER ASSESSMENTS. The original assessments against the property for
sanitary sewer are in the amount of $ , of which $ remains
unpaid. Developer acknowledges that as a newly platted development of 11
lots, additional sums may be assessed against the property as equalization
charges pursuant to Shorewood City Code. Developer agrees to accept and pay
all such charges to the City in accordance with Shorewood City Code, together
with all previous assessments against the property, provided full credit is
given to the Developer for all prior payments made by the Developer or its
predecessor on account of said assessments. A schedule of such charges is
set forth in Exhibit C, attached hereto and made a part hereof.
22. PARK FUND PAYMENT. Developer shall, at the time that final plat is
approved, make a cash payment to the City in the sum of $5,500.00 for the
Park Fund.
23. NOTICES. All notices, certificates and other communications hereunder
shall be sufficiently given and shall be deemed given when mailed by
certified mail, return receipt requested, postage prepaid, with proper
address as indicated below. The City and the Developer by written notice
given by one to the other, may designate any address or addresses to which
notices, certificates or other communications to them shall be sent when
required as contemplated by this Agreement. Unless otherwise
provided by the respective parties, all notices, certificates and
communications to each of them shall be addressed as follows:
To the City:
CITY OF SHOREWOOD
5755 Country Club Road
Shorewood, Minnesota 55331
To the Developer:
NORTH SUBURBAN DEVELOPMENT, INC.
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24. PROOF OF TITLE. Developer shall furnish a title oplnlon or title
insurance commitment addressed to the City guaranteeing that Developer in
fact has a legal right to become fee owner of the property upon exercise of
certain rights and to enter upon the same for the purpose of developing the
property. Developer agrees that in the event Developer's ownership in the
property should change in any fashion, except for the normal process of
marketing lots, prior to the completion of the project and the fulfillment of
the requirements of this Agreement, Developer shall forthwith notify the City
of such change in ownership. Developer further agrees that all dedicated
streets and utility easements provided to City shall be free and clear of all
liens and encumbrances.
25. DISCLAIMER BY CITY. It is understood and agreed that the City, the City
Council, and the agents and employees of the City shall not be personally
liable or responsible in any manner to the Developer, the Developer's
contractors or subcontractors, materialmen, laborers, or any other person,
firm or corporation whomsoever, for any debt, claim, demand, damages, actions
or causes of action of any kind or character arising out of or by reason of
the execution of this Agreement or the performance and completion of the work
and improvements hereunder; and that the Developer will save the City, the
City Council, and the agents and employees of the City harmless from any and
all claims, damages, demands, actions or causes of action arising therefrom
and the costs, disbursements, and expenses of defending the same.
26. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS. Developer shall
provide a copy of the Declaration of Covenants, Conditions and Restrictions,
which Declaration shall include the City as a signatory thereto, for review
and approval by the City prior to recording. Such Declaration shall provide
that the owners of Lots 1 and 11 shall be responsible for the maintenance of
the drainage ponds located thereon, and that such ponds may not be fenced in
or enclosed.
27. DURATION OF AGREEMENT. This Agreement shall remain in effect until one
year following the City's acceptance of the improvements.
28. REMEDIES UPON DEFAULT.
a. Assessments. In the event the Developer shall default in the
performance of any of the covenants and agreements herein contained and such
default shall not have been cured within thirty (30) days after receipt by
the Developer of written notice thereof, the City, if it so elects, may cause
any of the improvements described in Paragraph 1 above to be constructed and
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installed or may take action to cure such other default and may cause the
entire cost thereof, including all reasonable engineering, legal and
administrative expense incurred by the City to be recovered as a special
assessment under Minnesota Statutes Chapter 429, in which case the Developer
agrees to pay the entire amount of such assessment within thirty (30) days
after its adoption. Developer further agrees that in the event of its
failure to pay in full any such special assessment within the time prescribed
herein, the City shall have a specific lien on all of Developer's real
property within the Subject Property for any amount so unpaid, and the City
shall have the right to foreclose said lien in the manner prescribed for the
foreclosure of mechanic's liens under the laws of the State of Minnesota. In
the event of an emergency, as determined by the City Engineer, the notice
requirements to the Developer prescribed by Minnesota Statutes Chapter 429
shall be and hereby are waived in their entirety, and the Developer shall
reimburse the City for any expense incurred by the City in remedying the
conditions creating the emergency.
b. Performance Guarantv. In addition to the foregoing, the City
may also institute legal action against the Developer or utilize any cash
deposit made or letter of credit delivered hereunder, to collect, pay, or
reimburse the City for:
(1) the cost of completing the construction of the
improvements described in ParagraRh 1 above.
(2) the cost of curing any other default by the Developer in
the performance of any of the covenants and agreements
contained herein.
(3) the cost of reasonable engineering, legal and
administrative expenses incurred by the City in enforcing and
administering this Agreement.
c. Leqal Proceedinqs. In addition to the foregoing, the City may
institute any proper action or proceeding at law or at equity to abate
violations of this Agreement, or to prevent use or occupancy of the proposed
dwellings.
29. HEADINGS. Headings at the beginning of paragraphs hereof are for
convenience of reference, shall not be considered a part of the text of this
Agreement, and shall not influence its construction.
30. SEVERABILITY. In the event any prov1s10ns of this Agreement shall be
held invalid, illegal, or unenforceable by any court of competent
jurisdiction, such holding shall not invalidate or render unenforceable any
other provision hereof, and the remaining provisions shall not in any way be
affected or impaired thereby.
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31. EXECUTION OF COUNTERPARTS. This Agreement may be simultaneously
executed in several counterparts, each of which shall be an original, and all
of which shall constitute but one and the same instrument.
32. CONSTRUCTION. This Agreement shall be construed in accordance with the
laws of the State of Minnesota.
33. SUCCESSORS AND ASSIGNS. It is agreed by and between the parties hereto
that the Agreement herein contained shall be binding upon and inure to the
benefit of their respective legal representatives, successors, and assigns.
IN WITNESS WHEREOF, the parties hereto have caused these presents to
be executed on the day and year first above written.
NORTH SUBURBAN DEVELOPMENT, INC.
CITY OF SHOREWOOD
BV:
Its:
Bv:
Jan Haugen
Mayor
ATTEST:
Laurence E. Whittaker
City Administrator/Clerk
-9-
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STATE OF MINNESOTA
ss
COUNTY OF HENNEPIN
On this _ day of , 1990, before me, a Notary Public
within and for said County, personally appeared Jan Haugen and
Laurence E. Whittaker, to me personally known, who, being each by me duly
sworn, did say that they are respectively the Mayor and City
Administrator/Clerk of the municipal corporation named in the foregoing
instrument, and that said instrument was signed and sealed in behalf of said
corporation by authority of its City Council, and said Jan Haugen and
Laurence E. Whittaker acknowledged said instrument to be the free act and
deed of said corporation.
Notary Public
STATE OF MINNESOTA
ss
COUNTY OF HENNEPIN
On this day of , 1990, before me, within and for
said County, personally appeared , on behalf of NORTH
SUBURBAN DEVELOPMENT, INC., who is its , described in and who
executed the foregoing instrument and acknowledged that he executed the same
as his free act and deed.
Notary Public
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EXHIBIT A
LEGAL DESCRIPTION OF SUBJECT PROPERTY
OUTLOT A, WESTLAWN TWO, according to the recorded plat
thereof, Hennepin County, Minnesota
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EXHIBIT C
SEWER EQUALIZATION CHARGE
SHOREWOOD SUBURBAN ESTATES
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Orr .
Schelen
Mayeron &
Associates, Inc.
2021 East Hennepin Avenue
Minneapolis. MN 55413
612-331-8660
FAX 331-3806
September 5, 1990
Engineers
Surveyors
Planners
City of Shorewood
5755 Country Club Road
Shorewood, MN 55331
Attn: Mr. Brad Nielsen
City Planner
Re: Shorewood Suburban Estates
OSM Comm. No. 4590.11
Dear Brad:
When this plat originally came before the Council (July 23,1990), one of the main reasons
the Council did not act on the preliminary plat was due to some questions concerning
drainage.
1. Grading and Drainage - Having reviewed the revised grading and drainage plan
submitted by Merila & Associates, they have redirected the majority of the site
drainage to the two ponds on the east end of the plat. This is in conformance with
what we discussed at our meeting with them July 25, 1990. The only additional
area of concern regarding drainage is the City's legal right to direct stormwater
discharge across property east of Strawberry Lane east of this project. The City
Attorney should be asked to review this item and come back with a
recommendation.
2. Storm Sewer - The storm sewer they've shown on their final plans will handle the
drainage from their property an9 enhance the capability of handling drainage for
adjacent properties. However, it should be noted that without any major changes
in the proposed piping system under Strawberry Lane and across the property to
the east Strawberry Lane may periodically be inundated. Correction of this
potential problem is beyond the scope of this project.
3. Street - The street section proposed is very slight, 0.5%. As a result, they will
have to use concrete curb and gutter to insure a quality control project that will
enable the street to be put in so that it will drain properly. They are in agreement
with this' item.
4. Water - Water will be supplied by individual wells.
q. fA.
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Mr. Brad Nielsen
September 5, 1990
Page 2
5. Sanitary Sewer - The proposed sanitary sewer design as shown on their drawings
meets the minimum engineering design standards. Connection to the M.W.C.C.
line must be approved by M.W.C.C. and inspected by them during construction.
Having reviewed all the information submitted, we recommend approval of this plat from
an engineering standpoint.
Respectfully,
ORR-SCHELEN-MA YERON
J=:TEfIN1~
James P. Norton, P.E.
City Engineer
JPN/cmw
09/90-cos.bn
cc: Mr. Larry Whittaker, City Administrator
Mr. Don Zdrazil, Director of Public Works
Mr. Glenn Froberg, City Attorney
Mr. Steve Johnston, Merila & Associates
r'
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MEMORANDUM
TO:
FROM:
DATE:
RE:
FILE NO.:
.
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MAYOR
Jan Haugen
COUNCI L
Kristi Stover
Robert Gagne
Barb Brancel
Vern Watten
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236
Mayor and City Council
Brad Nielsen
6 September 1990
Shorewood Suburban Estates - Final Plat
405(90.14)
North Suburban Development Co. requests approval of a final plat for the above-referenced
project. You may recall that their preliminary plat was approved at the 13 August Council
meeting. Issues identified in a 2 July 1990 staff report and at subsequent meetings have been
addressed by the developer and incorporated into the attached development agreement.
The City Engineer has addressed his concerns in a separate letter dated 5 September. One
item in his report deserves clarification. The property immediately east of the the subject
site was platted last year (Strawberry Fields). As part of that plat, not only were drainage
and utility easements provided, but the developer constructed storm sewer within the plat.
Storm sewer from Shorewood Suburban, Estates connects to that system.
It is recommended that the plat be approved as presented and that the developer be required
to execute the development agreement and record the plat within 30 days of his receipt of the
resolution approving the plat.
BJN:ph
cc: Larry Whittaker
Jim Norton
Glenn Froberg
Steve Johnston
A Residential Community on Lake Minnetonka's South Shore
q .f) .
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RESOLUTION NO.
A RESOLUTION APPROVING THE FINAL PLAT iC'fY'/Q'1 fl::y,~
SHOREWOOD SUBURBAN ESTATES ~~ or
WHEREAS, the final plat of SHOREWOOD SUBURBAN ESTATES has been
submitted in the manner required for the platting of land under the Shorewood
City Code and under Chapter 462 of Minnesota Statutes, and all proceedings
have been duly had thereunder; and
WHEREAS, said plat is consistent with the Shorewood Comprehensive
Plan and the regulations and requirements of the laws of the State of
Minnesota and the City Code of the City of Shorewood.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Shorewood:
1. That the final plat of SHOREWOOD SUBURBAN ESTATES is hereby
approved.
2. T hat the approval is specifically conditioned upon the terms and
conditions contained in the Development Agreement for SHOREWOOD SUBURBAN
EST ATE S, attached hereto and made a part hereof.
3. That the Mayor and City Clerk are hereby authorized to execute
the Certificate of Approval for the plat and the said Development Agreement
on behalf of the City Council.
4. That this Resolution and the final plat shall be filed and
recorded within thirty (30) days of the date of certification of this
Resolution.
BE IT FURTHER RESOLVED, that the execution of the Certificate upon
said plat by the Mayor and City 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 forth with 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 September, 1990.
Jan Haugen, Mayor
ATTEST:
Laurence E. Whittaker
City Administrator/Clerk
Roll Call Vote:
A yes -
Nays -
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9/5/90
CITY OF SHOREWOOD
RESIDENTIAL SUBDIVISION DEVELOPMENT AGREEMENT
SHOREWOOD SUBURBAN ESTATES
THIS AGREE~~NT, made this ____ day of , 1990, by and between
the CITY OF SHOREWOOD, a Minnesota municipal corporation, hereinafter
referred to as the "City", and NORTH SUBURBAN DEVELOPMENT, INC., a Minnesota
Corporation, hereinafter referred to as the "Developer".
WHEREAS, the Developer has an interest in certain lands described in
Exhibit A, attached hereto and made a part hereof, which lands are
hereinafter referred to as the "Subject Property"; and
WHEREAS, the Developer has made application under the City
Subdivision Ordinance for City Council approval of a single-family
residential development plat of the subject property, said plat to contain
approximately 11.38 acres divided into 11 lots, and to be known as SHOREWOOD
SUBURBAN ESTATES, and
WHEREAS, the City Council by its resolution passed on August 13,
1990, has approved the preliminary plat of the subject property; and
WHEREAS, the Developer has now submitted its final plat for the
development of the subject property, which plat is attached hereto and made a
part hereof as Exhibit B; and
WHEREAS, the the Developer has made application to the City to be
allowed at Developer's expense to construct all surfaced streets, curbs,
gutters, required landscaping, storm sewer and surface water drainage
facilities, street signs, sanitary sewer facilities and underground electric,
gas and telephone service lines to all lots within the plat approved by the
City, all of the foregoing hereinafter sometimes referred to as improvements.
NOW, THEREFORE, in consideration of the foregoing premises and
acceptance by the City of the final p~at of SHOREWOOD SUBURBAN ESTATES, the
City and the Developer agree as follows:
1. IMPROVEMENTS INSTALLED BY DEVELOPER. Developer agrees at its expense to
construct, install and perform all work and furnish all materials and
equipment in connection with the installation of the following improvements:
a. Street grading, stabilizing and bituminous surfacing;
b. Concrete surmountable curbs and gutters;
c. Sanitary sewer mains;
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d. Storm sewer and surface water drainage facilities;
e. Street name signs and traffic control signs;
f. Required landscaping.
It is understood that underground utility lines, including gas, electric, and
telephone, shall be installed by the respective private utility companies
pursuant to separate agreements with the Developer.
2. PRE-CONSTRUCTION ~rnETING. Prior to the commencement of construction,
Developer or its engineer shall arrange for a pre-construction meeting to be
held at Shorewood City Hall. Such meeting shall be coordinated with the City
Engineer and shall include all appropriate parties specified by the City
Engineer.
3. STANDARDS OF CONSTRUCTION. Developer agrees that all of the improvements
set forth in Paragraph 1 above, shall equal or exceed City standards, shall
be constructed and installed in accordance with engineering plans and
specifications approved by the City Engineer and the requirements of
applicab~e City ordinances and standards, and that all of said work shall be
subject to final inspection and approval by the City Engineer.
4. MATERIALS AND LABOR. All of the materials to be employed in the making
of said improvements and all of the work performed in connection therewith
shall be of uniformly good and workmanlike quality, shall equal or exceed
City standards and specifications, and shall be subject to the inspection and
approval of the City. In case any materials or labor supplied shall be
rejected by the City as defective or unsuitable, then such rejected materials
shall be removed and replaced with approved materials, and rejected labor
shall be done anew to the satisfaction and approval of the City at the cost
and expense of Developer.
5. SCHEDULE OF WORK. The Developer shall submit a written schedule in the
form of a bar chart indicating the proposed progress schedule and order of
completion of work covered by this Agreement. It is understood and agreed
that the work shall be performed in one phase to be completed
by It is further understood and agreed that the
existing out-building on lot 5 will be removed by Developer within 6 months
and prior to conveyance of the lot. ppon receipt of written notice from the
Developer of the existence of causes over which the Developer has no control,
which will delay the completion of the work, the City, at its discretion, may
extend the dates specified for completion.
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6. STREETS. SANITARY SEWER AND STORH SEWER FACILITIES
a. Plans and Specifications. The Developer agrees to cause its
engineers to prepare all plans and specifications necessary for the
installation of sanitary sewer, storm sewer and surface water drainage
facilities in said plat, and streets, curb and gutter and watermains within
and outside of the plat, street identification signs and traffic control
signs, said plans and specifications to be subject to the final approval of
the City Engineer.
b. As-Built Plan. Within sixty (60) days after the completion of
construction, Developer shall cause its engineer to prepare and file with the
City a full set of "as-built" plans, including a mylar original and two (2)
black line prints, showing the installation of the foregoing facilities
within the plat. Failure to file said "as-built" plans within said sixty
(60) day period shall suspend the issuance of building permits for any
further construction within the plat.
c. Easements. Developer, at its expense, shall acquire all
easements from abutting property owners necessary to the installation of the
sanitary sewer, storm sewer, surface water drainage facilities and watermains
within the plat, and thereafter promptly assign said easements to the City.
d. Pre-existinq Drain Tile. All pre-existing drain tile disturbed
by Developer during construction shall be restored by Developer.
e. Hetropolitan Waste Control Commission (HWCC). The plat
contemplates a sanitary sewer lateral line to tap into the MWCC sewer line
located in Strawberry Lane at Strawberry Court. Developer shall obtain all
necessary permits from MWCC for such tap.
7. STAKING, SURVEYING AND INSPECTION. It is agreed that the Developer,
through his engineer, shall provide for all staking and surveying for the
above-described improvements. In order to ensure that the completed
improvements conform to the approved plans and specifications, the City will
provide for resident inspection.
8. GRADING. DRAINAGE, AND EROSION CONTROL. Developer, at its expense, shall
provide grading, drainage and erosion control plans to be reviewed and
approved by the City Engineer. Said p'lans shall provide for temporary dams,
earthwork or such other devices and p~actices, including seeding of graded
areas, as necessary, to prevent the washing, flooding, sedimentation and
erosion of lands and streets within and outside the plat during all phases of
construction. Developer shall keep all streets within the plat free of all
dirt and debris resulting from construction therein by the Developer, its
agents or assignees.
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9. STREET SIGNS. Developer, at its expense, shall provide standard city
street identification signs and traffic control signs in accordance with the
Minnesota ManuaL on Uniform Traffic Control Devices.
10. ACCESS TO RESIDENCES. Developer shall provide reasonable access,
including temporary grading and graveling, to all residences under
construction in the plat until the streets are accepted by the City.
11. OCCUPANCY PERMITS. The occupancy of any new structure on any lot within
said plat shall be prohibited by the City until the streets shall have been
graded and surfaced with class 5-100% crushed material and municipal sanitary
sewer lines shall have been installed and are available to serve the lot for
which occupancy has been requested.
12. FINAL INSPECTION. Upon completion of the improvements set forth in
Paragraph 1 above, the City Engineer, the contractor, and the Developer's
engineer will make a final inspection of the work. When the City Engineer is
satisfied that all work is completed in accordance with the approved plans
and specifications, and the Developer's engineer has submitted a written
statement attesting to same, the City Engineer shall recommend that the
improvements be accepted by the City.
13. CONVEYANCE OF I}~ROVE}mNTS. Upon completion of the installation by
Developer and approval by the City Engineer of the improvements set forth
in Paragraph 1 above, the Developer shall convey said improvements to the
City free of all liens and encumbrances and with warranty of title, which
shall include copies of all lien waivers. Should the Developer fail to so
convey said improvements, the same shall become the property of the City
without further notice or action on the part of either party hereto, other
than acceptance by the City.
14. REPLACEMENT. All work and materials performed and furnished hereunder
by the Developer, its agents and subcontractors, found by the City to be
defective within one year after acceptance by the City, shall be replaced by
Developer at Developer's sole expense. Within a period of thirty (30) days
prior to the expiration of the said one-year period, Developer shall perform
a televised inspection of all sanita~ sewer lines within the plat and
provide the City with a VHS videotape thereof.
15. RESTORATION OF STREETS, PUBLIC FACILITIES AND PRIVATE PROPERTIES.
The Developer shall restore all City streets and other public facilities and
any private properties disturbed or damaged as a result of Developer's
construction activities, including sod with necessary black dirt, bituminous
replacement, curb replacement, and all other items disturbed during
construction.
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16. REIlmURSE}~NT OF COSTS. The Developer shall reimburse the City for all
costs, including reasonable engineering, legal, planning and administrative
expenses incurred by the City in connection with all matters relating to the
administration and enforcement of the within Agreement and the performance
thereof by the Developer. Such reimbursement of costs shall be made within
thirty (30) days of the date of mailing of the City's notice of costs to the
address set forth in Paragraph 23 below. All costs charged to the Developer
shall be itemized identifying person, task, time, date, and at-cost rate.
17. CLAIMS FOR WORK. The Developer or its contractor shall do no work or
furnish no materials not covered by the plans and specifications and special
conditions of this Agreement, for which reimbursement is expected from the
City, unless such work is first ordered in writing by the City Engineer as
provided in the specifications. Any such work or materials which may be done
or furnished by the contractor without such written order first being
obtained shall be at its own risk, cost and expense.
18. LETTER OF CREDIT. For the purpose of assuring and guaranteeing to the
City that the improvements to be constructed, installed and furnished by the
Developer as set forth in Paragraph 1 above, shall be constructed, installed
and furnished according to the terms of this Agreement, and to ensure that
the Developer shall pay all claims for work done and materials and supplies
furnished for the performance of this Agreement, the Developer agrees to
furnish to the City either a cash deposit or an irrevocable letter of credit
approved by the City in an amount equal to 150% of the total cost of said
improvements estimated by the Developer's engineer and approved by the City
Engineer. Said deposit or letter of credit shall remain in effect for a
period of one year following the completion of the required improvements.
The said deposit or letter of credit may be reduced in amount at the
discretion of the City upon acceptance by the City of the various individual
improvements but in no event shall such letter of credit be reduced to an
amount less than 100% of the total cost of said improvements. At such time
as all of the improvements have been accepted by the City, such letter of
credit may be replaced by a maintenance bond.
19. LIABILITY INSURANCE. The Developer shall take out and maintain during
the life of this agreement public liability and property damage insurance
covering personal injury, including death, and claims for property damage
which may arise out of the Developer:s work or the work of their
subcontractors, or by one directly or indirectly employed by any of them.
This insurance policy shall be a single limit public liability insurance
policy in the amount of $1,000,000.00. The City shall be named as additional
insured on said policy and the Developer shall file a copy of the insurance
coverage with the City.
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Prior to commencement of construction of the improvements described in
Paragraph 1 above, the Developers shall file with the City a certificate of
such insurance as will protect the Developer, his contractors and
subcontractors from claims arising under the workers' compensation laws of
the State of Minnesota.
20. LAWS, ORDINANCES, REGULATIONS AND PERMITS. Developer shall comply with
all laws, ordinances, and regulations of all regulatory bodies having
jurisdiction of the Subject Property and shall secure all permits that may be
required by the City of Shorewood, the State of Minnesota, the Minnehaha
Creek Watershed District, and the Metropolitan Waste Control Commission
before commencing development of the plat.
21. SEliER ASSESSMENTS. The original assessments against the property for
sanitary sewer are in the amount of $ , of which $ remains
unpaid. Developer acknowledges that as a newly platted development of 11
lots, additional sums may be assessed against the property as equalization
charges pursuant to Shorewood City Code. 'Developer agrees to accept and pay
all such charges to the City in accordance with Shorewood City Code, together
with all previous assessments against the property, provided full credit is
given to the Developer for all prior payments made by the Developer or its
predecessor on account of said assessments. A schedule of such charges is
set forth in Exhibit C, attached hereto and made a part hereof.
22. PARK FUND PAYMENT. Developer shall, at the time that final plat is
approved, make a cash payment to the City in the sum of $5,500.00 for the
Park Fund.
23. NOTICES. All notices, certificates and other communications hereunder
shall be sufficiently given and shall be deemed given when mailed by
certified mail, return receipt requested, postage prepaid, with proper
address as indicated below. The City and the Developer by written notice
given by one to the other, may designate any address or addresses to which
notices, certificates or other communications to them shall be sent when
required as contemplated by this Agreement. Unless otherwise
provided by the respective parties, all notices, certificates and
communications to each of them shall be .addressed as follows:
To the City:
,
CITY OF SHOREWOOD
5755 Country Club Road
Shorewood, Minnesota 55331
To the Developer:
NORTH SUBURBAN DEVELOPMENT, INC.
A~U7~
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24. PROOF OF TITLE. Developer shall furnish a title oplnlon or title
insurance commitment addressed to the City guaranteeing that Developer in
fact has a legar right to become fee owner of the property upon exercise of
certain rights and to enter upon the same for the purpose of developing the
property. Developer agrees that in the event Developer's ownership in the
property should change in any fashion, except for the normal process of
marketing lots, prior to the completion of the project and the fulfillment of
the requirements of this Agreement, Developer shall forthwith notify the City
of such change in ownership. Developer further agrees that all dedicated
streets and utility easements provided to City shall be free and clear of all
liens and encumbrances.
25. DISCLAIMER BY CITY. It is understood and agreed that the City, the City
Council, and the agents and employees of the City shall not be personally
liable or responsible in any manner to the Developer, the Developer's
contractors or subcontractors, materialmen, laborers, or any other person,
firm or corporation whomsoever, for any debt, claim, demand, damages, actions
or causes of action of any kind or character arising out of or by reason of
the execution'of this Agreement or the performance and completion of the work
and improvements hereunder; and that the Developer will save the City, the
City Council, and the agents and employees of the City harmless from any and
all claims, damages, demands, actions or causes of action arising therefrom
and the costs, disbursements, and expenses of defending the same.
26. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS. Developer shall
provide a copy of the Declaration of Covenants, Conditions and Restrictions,
~lhich Declaration shall include the City as a signatory thereto, for review
and approval by the City prior to recording. Such Declaration shall provide
that the owners of Lots 1 and 11 shall be responsible for the maintenance of
the drainage ponds located thereon, and that such ponds may not be fenced in
or enclosed.
27. DURATION OF AGREEl~NT. This Agreement shall remain in effect until one
year following the City's acceptance of the improvements.
28. REl~DIES UPON DEFAULT.
a. Assessments. In the eve~t the Developer shall default in the
performance of any of the covenants and agreements herein contained and such
default shall not have been cured within thirty (30) days after receipt by
the Developer of written notice thereof, the City, if it so elects, may cause
any of the improvements described in Paragraph 1 above to be constructed and
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installed or may take action to cure such other default and may cause the
entire cost thereof, including all reasonable engineering, legal and
administrative expense incurred by the City to be recovered as a special
assessment under Minnesota Statutes Chapter 429, in which case the Developer
agrees to pay the entire amount of such assessment within thirty (30) days
after its adoption. Developer further agrees that in the event of its
failure to pay-in full any such special assessment within the time prescribed
herein, the City shall have a specific lien on all of Developer's real
property within the Subject Property for any amount so unpaid, and the City
shall have the right to foreclose said lien in the manner prescribed for the
foreclosure of mechanic's liens under the laws of the State of Minnesota. In
the event of an emergency, as determined by the City Engineer, the notice
requirements to the Developer prescribed by ~iinnesota Statutes Chapter 429
shall be and hereby are waived in their entirety, and the Developer shall
reimburse the City for any expense incurred by the City in remedying the
conditions creating the emergency.
b. Performance Guarantv. In addition to the foregoing, the City
may also institute legal action against the Developer or utilize any cash
deposit made or letter of credit delivered hereunder, to collect~ pay, or
reimburse the City for:
(1) the cost of completing the construction of the
improvements described in Paragraph 1 above.
(2) the cost of curing any other default by the Developer in
the performance of any of the covenants and agreements
contained herein.
(3) the cost of reasonable engineering, legal and
administrative expenses incurred by the City in enforcing and
administering this Agreement.
c. Leqal Proceedinqs. In addition to the foregoing, the City may
institute any proper action or proceeding at law or at equity to abate
violations of this Agreement, or to prevent use or occupancy of the proposed
dwellings.
29. HEADINGS. Headings at the beginning of paragraphs hereof are for
convenience of reference, shall not be considered a part of the text of this
Agreement, and shall not influence its construction.
30. SEVERABILITY. In the event any prOV1S10ns of this Agreement shall be
held invalid, illegal, or unenforceable by any court of competent
jurisdiction, such holding shall not invalidate or render unenforceable any
other provision hereof, and the remaining provisions shall not in any way be
affected or impaired thereby.
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31. EXECUTION OF COUNTERPARTS. This Agreement may be simultaneously
executed in several counterparts, each of which shall be an original, and all
of which shall constitute but one and the same instrument.
32. CONSTRUCTION. This Agreement shall be construed in accordance with the
laws of the State of Minnesota.
33. SUCCESSORS AND ASSIGNS. It is agreed by and between the parties hereto
that the Agreement herein contained shall be binding upon and inure to the
benefit of their respective legal representatives, successors, and assigns.
IN WITNESS WHEREOF, the parties hereto have caused these presents to
be executed on the day and year first above written.
NORTH SUBURBAN DEVELOPMENT, INC.
CITY OF SHOREt'lOOD
By:
Its:
By:
Jan Haugen
Mayor
ATTEST:
Laurence E. Whittaker
City Administrator/Clerk
-9-
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STATE OF MINNESOTA
ss
COUNTY OF HENNEPIN
On this day of , 1990, before me, a Notary Public
within and for said County, personally appeared Jan Haugen and
Laurence E. Whittaker, to me personally known, who, being each by me duly
sworn, did say that they are respectively the Mayor and City
Administrator/Clerk of the municipal corporation named in the foregoing
instrument, and that said instrument was signed and sealed in behalf of said
corporation by authority of its City Council, and said Jan Haugen and
Laurence E. Whittaker acknowledged said instrument to be the free act and
deed of said corporation.
Notary Public
STATE OF ~rrNNESOTA
ss
COUNTY OF HENNEPIN
On this day of , 1990, before me, within and for
said County, personally appeared , on behalf of NORTH
SUBURBAN DEVELOPl1ENT, INC., who is its , described in and who
executed the foregoing instrument and acknowledged that he executed the same
as his free act and deed.
Notary Public
-10-
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EXHIBIT A
LEGAL DESCRIPTION OF SUBJECT PROPERTY
OUTLOT A, WESTLAWN TWO, according to the recorded plat
thereof, Hennepin County, Minnesota
-11-
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RESOLUTION NO.
A RESOLUTION APPROVING A REVISED DEVELOPMENT STAGE PLAN
AND PRELIMINARY PLAT FOR
WATERFORD 3RD PHASE
WHEREAS, the City Council of the City of Shorewood (City)
approved the original Development Stage Plan and Preliminary Plat for
Waterford 3rd Phase, a part of a Planned Unit Development (PUD) known as
"Waterford" ; .
WHEREAS, Sherman-Boosalis, Inc. (Developer) has now submitted its
request for a revised Development Stage Plan and Preliminary Plat for said
PUD to include a convenience grocery store with gas pumps and a family
restaurant; and '
WHEREAS, the Developer's request has been reviewed by the City
Planner, and his recommendations have been duly set forth in a Memorandum
to the Planning Commission, dated 1 August 1990, which Memorandum is on
file at City Hall; and
WHEREAS, a Public Hearing was held by the Shorewood Planning
Commission on 21 August 1990, for which notice was duly published and all
adjacent property owners duly notified; and
WH ERE AS, the matter was considered by the City Council at its
regular meeting of 27 August 1990, at which time the Planning Commission
recommendations were reviewed, reports were received from the City Staff
and comments were heard from various members of the audience; and
WHEREAS, after due discussion and deliberation and after
consideration of the reports, comments, and recommendations of the City
staff, the Planning comf::~;; and members of the audience, the City
Council voted to accept tain revisions to the Development Stage Plan and
Preliminary Plat for Water 3rd Phase, and directed the City Attorney
to prepare Findings of Fact in accordance therewith, to be presented at
the next meeting.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
S horewood as follows:
:#/0 A-
.
.
FINDINGS OF FACT
1. T hat the C ounci! has previously determined that the
free-standing gas station originally requested by the Developer was not
compatible with the neighborhood commercial development and would have to
be replaced with "another commercial activity acceptable to the City."
2 . T hat the Developer now proposes a convenience grocery store
as such other commercial activity, with gas pumps as an accessory facility
to the convenience grocery store.
3.
into the west
neighborhood
City.
That the proposed convenience grocery store, incorporated
end of the retail center, is compatible with the
commercial development and is an activity acceptable to the
4. T hat the accessory gas pump facility, covered by a canopy
attached to the retail center with a continuous roof line, serves as an
integrated unit with the grocery store and constitutes an additional
convenience to the neighborhood retail center.
5. T hat two existing restaurants in the immediate area will be
displaced as the result of a new intersection to be constructed at Vine
Hill Road and Trunk Highway No. 7 within the near future.
6. T hat the proposed family restaurant will serve a need in the
community and provide an additional convenience to the neighborhood retail
center.
CONCLUSIONS
That the Developer's request for a revised Development Stage Plan
for the PUD to include a convenience grocery store with gas pumps and a
family restaurant, and the revised preliminary plat submitted therewith,
is hereby approved, subject to the following conditions and restrictions:
1. A detailed signage plan shall be submitted by the Developer
for approval by the City. Said plan shall set forth specifications for
all types of signage including wall, pylon and temporary signs, and the
requirements of said plan shall be incorporated into any lease agreements
for the property. In no event shall pylons exceed the height of the
individual buildings or a height of 20 feet, whichever is less.
2. All exterior sales and display racks, equipment, and
appliances shall be prohibited, including soft-drink vending machines and
ice machines.
3. T he hours of operation of the convenience grocery store and
gas facility shall be limited to between 6:00 a.m. and 12:00 midnight.
T he hours of operation of the family restaurant shall be limited to
between 7:00 a.m. and 11:00 p.m.
.
.
4. T he family restaurant shall not be eligible to apply for any
type of liquor license.
5. All site lighting shall be consistent with the Waterford
Design Framework Manual, August 1984. Prior to issuance of any
certificate of occupancy, lighting shall be tested for compliance.
6. Lighting for the gas operation shall be reduced to one
island after 10:00 p.m.
7. The developer shall submit a detailed landscape plan,
inc~rporating earth berms adjoining the service road and large trees along
the north perimeter of the site. At least two, five-inch caliper trees
shall be required at each of the two westerly entrances to the retail
center. All other canopy trees along the retail center shall be a
required minimum of three-inch caliper trees.
8. The fuel storage tank fpr the gas facility shall be of
double-wall, fiberglass construction. t,
(~I-~ '
,"-'
9 . T he final plans for parking lot grading and drainage shall
be submitted by the Developer for approval by the City Engineer.
10. T he two-family residential side yard setbacks for lots
abutting streets shall be the same as the front yard setback requirement.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this
day of , 1990.
Jan Haugen, Mayor
ATTEST:
Laurence E. Whittaker
City Administrator/Clerk
Roll C all Vote:
A yes -
Nays -
'.
.
1.EASE AMENDHENT
The term of that certain Lease dated December 30. 1984. by and between
Ryan Construction Company of Minnesota. Inc.. as Landlord and City of
Shorewood, as Tenant tor premises in the Shor~woud Village Shopping
Center - Shorewuod, Mlun~t:lota, is hereby further extended by mutual
consent tor a one and a half year period c~mueucin8 April 1, 1990
aml 1;!Il1.l1ug S@ptelllber 30. 1991.
The monthly rental shall be Two Thousand,On~ Huudred fifteen and 00/100
dollars ($2,115.00). No additIonal amounts shall be due for common
Luaintenance, insurance. real estate tax or the cooler.
t!xcepc as defined .!ibuvt:!, all othl;!l' terms, conditions, covenants and
agreements of the Lease dated 12/30/84 and all other Amendments, shall
rem~in in effect.
Witness uur h!1udl:l thIs
day of
, 1990.
LANDLORD: Ryan Construction Company of
Minnesota. lnr..
BY:
ITS:
TENANT: City of Shorewood
BY:
ITS:
\
BY:
ITS:
;Ft ) \
--
MEMORANDUM
TO:
FROM:
DATE:
RE:
FILE NO.:
.
.
MAYOR
Jan Haugen
COUNCIL
Kristi Stover
Robert Gagne
Barb Brancel
Vern Watten
J
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236
Mayor and City Council
Brad Nielsen
6 September 1990
Radisson Road - Traffic Control Signs
(Streets - Radisson Road)
OUf office has received a request by Mr. Jerry Hayes for certain traffic control signs to be
placed along Radisson Road (see Exhibit A, attached). The request comes as a result of
increased traffic in the area, compounded by the substandard design of Radisson Road.
Having field checked the route in question the City Engineer and I recommend the following:
1. The proposed stop sign where Covington Road meets Radisson Road is not a good
location due to the grade in that location. We recommend instead that a sharp curve
warning sign with a 20 m.p.h. advisory speed plate be erected east on Covington
Road.
It is further recommended that yield signs be placed at eastbound and westbound ramps
from the Covington Road ingress/egress at Highway 7. It should be noted that these
will no longer be necessary once the Covington Road slip ramp is eliminated next
year.
It is also recommended that stop signs be erected on the service road to Highway 7 at
Covington Road and on the wayside rest exit at Covington Road.
2. A stop sign on Radisson Road is not warranted at Shore Road. Shore Road serves
only six -homes. Mr. Hayes' concerns are better addressed by clearing underbrush in
that location to improve visibility. Despite Radisson Road's substandard pavement
width, the City does have 66 feet of right-of-way.
A Residential Community on Lake Minnetonka's South Shore
14. A. , .
- ---- - -
--- -- ---------
.
.
Re: Radisson Road
Traffic Control Signs
6 September 1990
3. The stop sign on Shore Road is considered warranted. Safety of the intersection would
be further enchanced by clearing brush from an adequate sight triangle on the east side
of Shore Road.
While not requested by Mr. Hayes, it is recommended that a sharp curve sign be placed on
Radisson Road just east of Radisson Entrance.
All of the above-mentioned recommendations are illustrated on Exhibit B. If you have any
questions relative to this matter, please do not hesitate to contact my office.
BJN:ph
cc: Larry Whittaker
Jim Norton
Glenn Froberg
Rick Young
Jerry Hayes
- 2 -
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1207.!JIIt: PUBLIC LANDS: Because a new subdivision, as well as
commercial land development, creates a need for
parks and playgrounds as well as streets, eight percent (8%) of the
total area of each new subdivision or its equivalent shall be
dedicated for such use. Such area must be suitable for parks and
playgrounds and shall conform to the City plan for parks and
playgrounds, the City, at its option, may require a developer to
pay into the City Park Fund, a sum of money equal to eight percent
(8%) of the value of the raw land contained in the proposed
subdivision or commercial land development and the value of the raw
land contained in the proposed subdivision or development shall be
determined by the City Assessor; or as an alternative, i~....~~'y
require the subdi vider to pay into the ci ty Park Fund :~gigtl
~~~~
contal.ns lots other than the sl.ngle faml. y , ;....;.....:....;.............;.:.;..........................:....;...
:€I:!:!~'!!!,e:~,~:!~!:!t'f@'rl:,orine~~~O~~n:~~c~~~hs~~:r C~~; ~;.:~r~;~~~;~~.;:~;~
sewer assessment and policy hook-up, if the development is a
commercial land development. (Ord. 158, 5-14-84)
PARK DEDICATION FEES
Andrus moved, Lindstrom seconded, to recommend to Council that the
Park Dedication Fees be raised.to $750.00 for each lot, if the lot
is a single-family lot, or $750 for each living unit authorized to
be built on the plat, if the plat contains lots other than the
single-family units, or $750 for each commercial sewer unit
assigned to the property by the city, in accordance with the city's
commercial sewer assessment and policy hook-up, if the development
is a commercial land development. Motion carried - 5/0.
#/l.f ct y
MEMORANDUM
TO:
FROM:
DATE:
RE:
FILE NO.:
.
'.
MAYOR
Jan Haugen
COUNCI L
Kristi Stover
Robert Gagne
Barb Brancel
Vern Watten
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD . SHOREWOOD. MINNESOTA 55331 · (612) 474-3236
Mayor and City Council
Brad Nielsen
6 September 1990
Drainage Problem - Grant Lorenz Road
Drainage - Grant Lorenz Road
The City has received the attached petition (Exhibit A) requesting that the drainageway
between Smithtown Road and Grant Lorenz Road be cleaned out to restore and enhance
drainage through the area. In discussing this request the staff has identified a number of
issues which need to be addressed. Some of these involve City policy, but most have to do
with cost.
It is recommended that the Council authorize the City Engineer to prepare a preliminary
report (not a feasibility report) addressing what needs to be done with estimates of cost for
the next meeting.
BJN:ph
cc: Larry Whittaker
Jim Norton
Glenn Froberg
Baylon Leifermann
A Residential Community on Lake Minnetonka's South Shore
1+. A .4.
.
.
Baylom J. Leifermann and Concerned. Neighbors
5775 Grant Lorenz Road
Shorewood, Minnesota 55331
..
August 23, 1990
Shorewood city Council
5755 Country Club Road
Shorewood, Minnesota 55331
Council Persons,
It is most significant to the Neighbors who sign this re-
quest that a serious condition exists within the lateral
areas of the Neighborhood domain, bordored by Smithtown
and Grant Lorenz Roads, in Shorewood. The outgrowth of
this condition has been generated by years of Natural
Maintenance neglect of the water way and it's adjacent
containments. Continued erosion, gross foliage and fall-
en trees in the water way have caused excessive ponding
and water stagnation, resulting in some lawn deteriora-
tion, water in basements and dreaded mosquito infestation.
The recent heavy rains have not only increased these re-
sultants, but have made some property owners aware of the
inadequacy of the nearly non-existing drainage ditch on
the West side of Grant Lorenz Road, specifically opposite
the 5775 lot location. When heavy rains occur water gushes
over the road across this property causing basement water
and adding to the water way problem. I and the under signed
Neighbors of your community respectfully request that some
remedial action be taken as soon as practicable to amend a
critical dilemma.
Sincerely
Cpy PIn comm
cty Engr
D BAYLOM J. LEIFERMANN
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o RDIN ANCE NO.
AN ORDINANCE AMENDING CHAPTER 701 OF THE
SHOREWOOD CITY CODE RELATING TO DOGS
THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS:
Section 1. City Code Section 701.06 is hereby amended to read as follows:
"701.06: DOG NUISANCES: It shall be unlawful for any owner to fail to
exercise proper care and control of his animals to prevent them
from becoming a public nuisance. It shall be considered a nuisance for any
animal to bark excessively, continuously or untimely, to frequent school
grounds, parks, or public beaches, to chase vehicles, to molest, annoy or bite
any person if such person is not on the property of the owner or custodian of
such animal, or to molest defile or destroy any property, public or private.
Failure on the part of the owner or custodian to prevent his animals from
committing an act of nuisance shall subject the owner or custodian to the
penalty hereinafter provided.
T he phrase 'to bark excessively, continuously or untimely' includes, but is not
limited to, the creation of any noise by any doq which can be heard by any
person, includinq a law enforcement officer or animal control officer, from a
location outside of the buildinq or premises where the doq is beinq kept and
which noise occurs repeatedly over at least a five-minute period of time with
one minute or less lapse of time between each animal noise durinq the five
minute period."
Section 2. This 0 rdinance shall be in full force and effect from and after its
passage and publication.
ADOPTED BY THE CITY COUNCIL of the City of Shorewood, Minnesota, this
day of September, 1990.
Jan Haugen, Mayor
ATTEST:
Laurence E. Whittaker
City Administrator/Clerk
+tILt 6 \
.
.
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE PLACEMENT OF
"NO PARKING" SIGNS ON BOULDER BRIDGE DRIVE
WHEREAS, Shorewood City Code Section 801.01 adopts provisions of
the Minnesota State Traffic Code, M. S. Chapter 169 (as amended), which
Chapter provides that local authorities may place and maintain such
traffic control devices upon highways under their jurisdiction as they
deem necessary to regulate, warn, or guide traffic; and
WHEREAS, the Council has made a determination that such traffic
control devices are necessary on one side of Boulder Bridge Drive.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
(1) That the Public Works Department is hereby directed to erect
"No Parking" signs on one side of Boulder Bridge Drive as determined by
the South Lake Minnetonka Public Safety Department.
(2) That these traffic regulations shall become effective at the
time of the erection of said "No Parking" signs.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD
this 10th day of September, 1990.
Jan Haugen, Mayor
ATTEST:
Laurence E. Whittaker
City Administrator/Clerk
Roll Call Vote:
Ayes -
Nays -
:\f\Y~B~L
.
.
FROBERG & AHERN, P.A.
ATTORNEYS AT LAW
Glenn Froberg
Paul B. Ahern
17736 Excelsior Boulevard
Minnetonka, Minnesota 55345
(612) 474-8877
September 5, 1990
Mr. Ed Flaherty
Lariat Development
11800 Singletree Lane, Suite 210
Eden Prairie, Minnesota 55344
(CCOJE9t
RE: Rapid Oil Change
19465 Highway 7, Shorewood, Minnesota
Dear Mr. Flaherty:
Since our correspondence to you of August 15, 1990, we have not heard from
you or seen any action toward removing th Naegele billboard from your
property.
This matter is on the agenda of the Shorewood City Council's meeting for
September 10, 1990, at which time the council will again consider the
revocation of the variance and conditional use permit, granted to you on
May 29, 1984, for failure of the applicant to perform the conditions of
the grant. Item number 4. of the Conclusions specifically conditions the
grant upon the removal of the existing billboard sign by June 30, 1990.
(See copy of Resolution No. 29A-84 enclosed).
Please call me immediately to discuss this matter.
Very truly yours,
FROBERG & AHERN, P.A.
for the City of Shorewood
GF:mbw
cc: William N. Madden
Laurence E. Whittaker
Bradley J. Nielsen
~ \L\6 Y
"' CHECK APPROV~ISTING FOR SEP1~ER 10, 1990~CIL MEETING
CHECK NO. TO WHOM ISSUED PURPOSE AMOUNT
CHECKS ISSUED SINCE AUGUST 22, 1990
5007 (G) SCOTT MORSETH AUG. 22, 1990 RECYCLING AWARD $ 25_._00
5008 (G) LAURENCE WHITTAKER HEALTH CARE REIMBURSEMENT 42.00
5009 (G) CITY OF MINNETONKA 2ND QUARTER 1990 WATER PURCHASE 1,104.33
5010 (L) BELLBOY CORPORATION LIQUOR PURCHASES 2,385.09
5011 (L) GRIGGS, COOPER & CO. LIQUOR/WINE PURCHASES 3,533.79
5012 (L) JOHNSON BROTHERS LIQUOR LIQUOR/WINE PURCHASES 2,959.77
5013 (L) MARK VII DISTRIBUTORS BEER/MISC. PURCHASES 7,193.00
5014 (L) MINNESOTA BAR SUPPLY SUPPLIES/MISC. PURCHASES 129.85
5015 (L) MINNESOTA VICTORIA OIL UTILITIES 73.26
5016 (L) ED PHILLIPS & SONS LIQUOR/WINE PURCHASES 417.58
5017 (L) QUALITY WINE & SPIRITS LIQUOR/WINE/MISC. PURCHASES 393.88
5018 (L) U.S. WEST COMMUNICATIONS UTILITIES 247.89
5019 (G) SUSAN A. NICCUM REFRESHMENTS/ELECTION JUDGE TRAINING 12.64
5020 (G) BRADLEY J. NIELSEN DEPENDENT CARE REIMBURSEMENT 130.00
5021 (G) leMA RETIREMENT TRUST PAYROLL DEDUCTIONS 543.46
5022 (G) CITY COUNTY CREDIT UNION PAYROLL DEDUCTIONS 45.00
5023 (G) CHILD SUPPORT ENFORCEMENT PAYROLL DEDUCTIONS 165.00
5024 (G) PUBLIC EMPLOYEES RETIRE PAYROLL DEDUCTIONS 1,633.56
5025 (G) COM}lISSIONER OF REVENUE PAYROLL DEDUCTIONS 944.09
5026 (G) NORWEST BANK PAYROLL DEDUCTIONS 5,339.28
5027 (L) BELLBOY CORPORATION LIQUOR PURCHASES 1,962.26
5028 (L) GRIGGS, COOPER & CO. LIQUOR/WINE/MISC. PURCHASES 5,775.82
5029 (L) JOHNSON BROTHERS LIQUOR WINE PURCHASES 2,535.81
5030 (L) MINNEGASCO UTILITIES 75.80
5031 (L) MINNESOTA BAR SUPPLY SUPPLIES/MISC. PURCHASES 15.08
5032 (L) HARRY NIEMELA SEPTEMBER RENT-STORE I 1,428.00
5033 (L) ED PHILLIPS & SONS LIQUOR/WINE PURCHASES 2,288.99
5034 (L) QUALITY WINE & SPIRITS LIQUOR/WINE PURCHASES 1,574.78
5035 (L) RYAN PROPERTIES, INC. SEPTEMBER RENT-STORE II 1,922.58
5036 (L) WASTE MANAGEMENT-SAVAGE WASTE REMOVAL 10.00
TOTAL GENERAL
9,984.36
TOTAL LIQUOR
34,923.23
TOT~L CHECKS ISSUED
44,907.59
- 1 -
#/6
CHECK APPROV~ISTING FOR SEPTEMBER 10, 1990~CIL MEETING
TO WHOM ISSUED PURPOSE AMOUNT
CHECK NO.
CHECKS FOR COUNCIL APPROVAL
5037
5038
5039
5040
5041
5042
5043
5044
5045
5046
5047
5048
5049
5050
5051
AM TREE & YARD WASTE
A T & T
ALBINSON
AMERICAN NATIONAL BANK
CEI
CHAPIN PUBLISHING CO.
CHASKA PARTS SERVICE
CHIPPEWA TOP SOIL
CROSSTOWN-OCS, INC
DAVIES WATER EQUIPMENT
CITY OF DEEPHAVEN
HAROLD DIRCKS
ROLF E. A. ERICKSON
CITY OF EXCELSIOR
FINANCIAL PRODUCTS CORP.
5052
FROBERG & AHERN
5053
5054
5055
5056
5057
5058
5059
5060
5061
5062
5063
5064
5065
5066
5067
GOPHER STATE ONE-CALL
HANCE HARDWARE
HENNEPIN COUNTY TREAS.
J.M. RESEARCH ASSOC.
LONG LAKE FORD TRACTOR
MTI DISTRIBUTING CO.
MATTHIAS, ROEBKE & EBERT
METRO AREA MGMT ASSOC.
METRO WASTE CONTROL
MINNEGASCO
MN DEPT OF TRANSPORTATION
MN SUBURBAN PUBLICATIONS
NORTHERN STATES POWER
NORTHERN STATES POWER
ORR SCHELEN MAYERON
(CONTINUED ON NEXT PAGE)
BRUSH DISPOSAL
UTILITIES
PLANNING SUPPLIES
FEES & EXPENSES ON GO IMP 1989A
JACKHAMMER & CHISEL
PUBLISHING
SHOP SUPPLIES
TOP SOIL FOR PARKS
COFFEE & PAPER TOWELS
CO WATER SUPPLIES
STREET STRIPING
COUNCIL MEETING TAPING
SEPTEMBER ASSESSING FEES & SUPPLIES
2ND QUARTER WATER PURCHASE
MAINT. AGREEMENT FOR 8/15/90-
11/14/91, COMPUTER EQUIPMENT
AUGUST ATTORNEY FEES
GENERAL
ON-GOING
DEVELOPMENT
RETAINER
LITIGATION
PROSECUTION
GOPHER STATE
MOWER PARTS
PRISONER EXPENSE FOR JULY
RETAINER FOR SR. HOUSING TASK FORCE
MOWER PARTS AND OIL
WHEELS FOR TRUCK #34
DEC, JAN, & FEB COMPUTER SERVICES
MAMA LUNCH MEETING-L. WHITTAKER
SEWER SERVICES FOR OCTOBER
UTILITIES
RE-LAMPING SERVICES
PUBLISHING SERVICES
UTILITIES
STREETLIGHT UTILITIES
~ULY ENGINEERING FEES
GENERAL 5,338.38
STREET PROJECT 154.80
WATER REPORT 1,879.10
RETAINER WALL REV. 312.75
ON-GOING 1,914.04
DEVELOPMENT 156.38
2,740.00
80.00
1,280.00
250.00
20.00
2,015.00
ONE-CALL CHARGES
- 2 -
$
21.25
22.94
12.45
196.50
189.32
66.50
424.16
825.00
155.00
1,317.92
509.42
100.00
2,773.23
1,833.79
2,479.00
6,385.00
10.00
9.49
538.25
2,000.00
182.98
99.96
1,029.00
10.00
22,793.64
15.41
219.80
120.36
2,034.55
1,742.39
9,755.45
CHECK APPROV.STING FOR SEPTEMBER 10, 1990 .CIL MEETING
TO WHOM ISSUED PURPOSE AMOUNT
CHECK NO.
CHECKS FOR COUNCIL APPROVAL CONTINUED
5068
5069
5070
5071
5072
5073
5074
5075
5076
5077
5078
5079
5080
5081
5082
5083
5084
5085
5086
JOE PAZANDAK AUGUST MILEAGE $
PIKE'S BUILDING MAINT. AUGUST JANITORIAL SERV.-CITY HALL
PRECISION COMPUTER SYSTEM COMPUTER EQUIPMENT & SOFTWARE
REYNOLDS WELDING SUPPLY TANK RENTAL
AL ROLEK JULY & AUGUST MILEAGE
ROLLINS OIL CO. 2 1/2" SEALED LAMPS
SHORE WOOD TREE SERVICE TREE REMOVAL
KATIE SNYDER PLANNING & COUNCIL MINUTES
SLMPSD JULY BOOKING FEES
TIMBERWALL LANDSCAPING LUMBER FOR CATHCART PARK RINK
TONKA AUTO & BODY SUPPLY STARTING FLUID
TONKA FORD REPAIR & MAINTENANCE ON #30
U.S. WEST COMMUNICATIONS UTILITIES
WASTE MANAGEMENT RECYCLING SERVICES FOR AUGUST
WASTE MANAGEMENT WASTE REMOVAL
LAURENCE WHITTAKER AUGUST MILEAGE
ZACK'S IND. CLEANING WEED KILLER FOR PARKS
ZAHL EQUIPMENT CO. TESTING OF 2 PETRO. TANKS
ZEP MANUFACTURING CO. HAND CLEANER
TOTAL CHECKS FOR APPROVAL
TOTAL CHECK APPROVAL LIST
- 3 -
54.43
220.00
32,200.00
3.72
41. 56
19.96
1,275.00
900.00
73.58
3,133.65
13.92
125.62
765.35
3,750.00
371. 00
49.21
150.00
847.00
60.30
101,927.06
146,834.65
CHECK APPROVeISTING FOR SEPTEMBER 10, 1990~CIL MEETING
CHECK NO. TO WHOM ISSUED HOURS AMOUNT
PAYROLL REGISTER FOR AUGUST 29, 1990 PAYROLL
204324 VOID $
204325 (G) LAURENCE WHITTAKER 80 REG HOURS 1,031.52
204326 (G) SANDRA KENNELLY 80 REG HOURS 756.14
204327 (G) SUSAN NICCUM 80 REG HOURS 598.96
204328 (G) ANNE LATTER 54.50 REG HOURS 374.83
204329 (G) ALAN ROLEK 80 REG HOURS 928.57
204330 (G) WENDY DAVIS 80 REG HOURS 570.97
204331 (G) BRADLEY NIELSEN 80 REG HOURS 835.84
204332 (G) PATRICIA HELGESEN 64 REG HOURS 409.10
204333 (G) VIRGINIA SMITH 80 REG HOURS 585.39
204334 (G) JOSEPH PAZANDAK 80 REG HOURS 813.43
204335 (G) CHARLES DAVIS 82 REG HOURS 447.38
204336 (G) DENNIS JOHNSON 80 REG HOURS 694.09
204337 (G) DANIEL RANDALL 82 REG HOURS 726.19
204338 (G) HOWARD STARK 82 REG HOURS 576.68
204339 (G) RALPH WEHLE 80 REG HOURS 561.61
204340 (G) DONALD ZDRAZ IL 80 REG HOURS 1,004.46
204341 (G) JOSEPH LUGOWSKI 80 REG HOURS 696.48
204342 (G) TODD LATTERNER 56 REG HOURS 432.36
204343 (G) LAWRENCE NICCUM 80 REG HOURS 546.40
204344 (L) RUSSELL MARRON 37 REG HOURS 182.77
204345 (L) CHRISTOPHER SCHMID 80 REG HOURS 477.65
204346 (L) BRIAN JAKEL 51 REG HOURS 251. 31
204347 (L) MARK KARSTEN 47.50 REG HOURS 200.32
204348 (L) WILLIAM JOSEPHSON 80 REG HOURS 598.00
204349 (L) SUSAN LATTERNER 36 REG HOURS 166.58
204350 (L) DEAN YOUNG 80 REG HOURS 582.26
204351 (L) SCOTT BARTLETT 28.50 REG HOURS 151. 86
204352 (L) DAVID PETERSON 28 REG HOURS 126.70
204353 (L) KELLY MICHELSON 13 REG HOURS 63.88
204354 (L) KEVIN FOSS 13 REG HOURS 69.18
204355 (L) JOHN FRUTH 20.50 REG HOURS 95.28
204356 (L) CRAIG SCHOLLE 14.50 REG HOURS 70.15
204357 (L) ERICA SHAW 10 REG HOURS 51. 32
204358 (L) BRIAN ROERICK 7 REG HOURS 37.25
204359 (L) JENNIFER JONES 19.50 REG HOURS 81. 28
;rOTAL GENERAL 12,590.40
TOTAL LIQUOR 3,205.79
TOTAL CHECKS ISSUED 15,796.19
- 4 -
I
MAYOR
Jan Haugen
COUNCI L
Kristi Stover
Robert Gagne
Barb Brancel
Vern Watten
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236
MEl'10
TO:
BR:
DT:
The City Council
Larry Whittaker
Sept. 7, 1990
Sept. 10, 1990, AGENDA
RE:
APPROVAL OF MINUTES:
ITEM # 2. C. After the August 13, 1990, City Council ~Minutes were
approved, I became aware that they did not reflect that the Mn/DNR
DOES license weed harvesters. I think that should be noted with the
Minutes; and ask that the Council make a motion to that effect.
We also discovered that all references to the Simple Subdivision and
Lot split for James and Debbie Miller and A.L. Johnson and T.M. Siefert
and N. Susan Siefert were reported as an application for Kenneth Koehnen.
Mr. Koehnen was merely representing these parties for land he had sold
to them. The RESOLUTION reflects this; and, I think this, too, should
be noted in the August 13, 1990, minutes.
CONSENT AGENDA:
ITEM # 3.A. This is th(= annual reaffirmation of our agreement to fund
the South Shore Senior Center with CDBG funds. The Agreement is identical
to the one you approved last year.
WATERFORD III:
ITEM # 10. The staff is meeting with Springstead and George Sherman on
Monday, Sept. 10, 1990, to discuss the over-all schedule for the TIF
bonds, the public improvements, and the various guarantees and escrows.
We hope to present a schedule of activities and actions to you at the
Council meeting.
ADMINISTRATOR'S REPORT:
ITEM # 14. D. 1. -- Al though our tanks pas sed inspection, Don and I be-
lieve we should begin the Mn/PCA process to have those not being used
removed. One tank will have been empty for a year - and we will, then,
be required to remove it. The other will have oeen out of service a
year soon.
The estimate for removal of the tanks is $5,000. Thatrdoesnot,
however, include any soil removal nor a "consultant'~ required by PCA.
A Residential Community on Lake Minnetonka's South Shore
AGENDA MEMO
Sept. 7, 1990
Page two
(Underground tanks)
We cannot estimate the extent of soil removal until the tanks come out.
And, we think the cost of soil removal should be attributed to FINA, as
it seems apparent that site is the source of the contamination. The PCA
will also reimburse us for soil removal/treatment, if needed.
At any rate, we need to proceed. So, I recommend the Council authorize
Don to proceed and finance the removal cots from the contingency fund.
ITEM # 14. D. 2. While the DNR has a general inspection program AND
will treat new infestations of mi1foi1 as reported to them, the DNR
does not have any program to inspect lakes for milfoi1 - such as the
one Lake Restoration has done for us.
Now, after taking forever to find that, I learned that we could not
treat mi1foi1 yet this Fall, if we find it. I'll talk to Lake Res-
toration again before the meeting; but, it now appears we would be
no worse off if an inspection were scheduled first thing in the Spring
when it can be treated.
ITEM # 14. D. 3. We "remember" everyone differently. Employees have
sometimes taken collections for sick fellow employees. We have purchased
flowers for others when a family member dies - from City funds. We
have taken collections for gifts to Council members ylho were sick and
used petty cash for flowers to Council members who have lost someone.
I think this policy needs clarification. I recommend the City purchase
memorials for a Council member or employee who has lost an immediate
family member and that all ,other "gifts" employees choose to send be
paid for by employees.
ITEM 14. D. 4. While the City Council moved each employee into the
pay ranges I recommended last Fall, the Council did not adopt the Pay
Plan. The Council set a pay rate for each employee but did not adopt
a "range" for each position. The Council also did not extend the policies
contained in the Union contract to non-union employees.
Therefore, Union employees have guaranteed pay adjustments at 6 months,
one year, two years, and three years AS WELL AS guaranteed pay rates
at each of those points. Non-union employees only have the assurances
offered in the Employee Relationship Policy - that their compensation
will be reviewed for adjustment the first of each year.
I believe all employees should have established pay ranges, clearly
identified steps at 6 months, one year, two years and three years, and
AT LEAST annual xeviews.
I, therefore, recommend that the City Council ADOPT the proposed 1990
PAY PLAN and the PAY RANGES for each position. (EXHIBIT A). I further
recommend Step increases as follows:
Deputy Clerk to Step 4
Receptionist to Step Step 4
Sr. Accounting Clerk to Step 2
Planning Assistant to Step 2
Administrator to Step 4_ effective Sept. 1, 1990.
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CITY OF SHOREWOOD
PARK COMMISSION MEETING
TUESDAY, AUGUST 28, 1990
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
7:00 P.M.
M I NUT E S
CALL TO ORDER
Chairman Christensen called the meeting to order at 7:00 p.m.
ROLL CALL
Present: Chairman Christensen, Commissioners Lindstrom, Vogel,
Andrus, and Dzurak; Administrative Assistant Niccum;
Council Liaison Watten; and Councilmember Gagne
Absent: Commissioners Laberee and wilson
NEW PARK COMMISSIONER INTRODUCED
Chairman Christensen introduced steven Dzurak, 19750 Vine Ridge
Road, as the new Park Commissioner. Dzurak will be filling the
remainder of Angela Weatherly's term, which runs through
December 31, 1992.
DISCUSSION - PROTOCOL - SELECTION OF PARK COMMISSIONER
Christensen referred to the Joint meeting of August 14, saying that
Council had asked the Commission to review the by-laws. He was
under the impression that they had also informed the Commission
that the by-laws remained in effect until they had been reviewed by
the commission, and that this meant that the applicants for the
Park Commission would be sent to the Park Commission for review.
Gagne said the Council decision was that the council will pick new
Park Commissioners for the Park Commission, just as they do for the
Planning Commission. Andrus said that the Ordinance states that
the Council picks the Park Commissioner. Lindstrom said he thinks
it would benefit both the Park 'Commission and the Council to let
the Park Commission interview the applicants and make
recommendations to the Council.
APPROVAL OF MINUTES
Andrus moved, vogel seconded, to approve the minutes of the Joint
Park Commission/Council meeting of Tuesday, August 14, 1990,
The Commission requested that the information regarding temporary
warming houses be expanded to include the fact that the $2500
included 3 sites-Manor, Silverwood, & Cathcart-plus installation of
electricity and phone for the 1st time at two of these sites. The
normal fee for each temporary warming house alone is $450 for 3
months-motion carried as amended - 5/0.
PARK COMMISSION MINUTES
TUESDAY, AUGUST 28, 1990
Page two
SOCCER ASSOCIATION
Mike Anderson, President of Tonka united Soccer Association; Jim
Kohrt, vice President of the Board of Directors; and Dave Rouse,
Vice President of the Instructional Teams; were present to
represent the Tonka united Soccer League. Anderson said they were
present to address concerns for future development. He said they
plan to visit each community involved in soccer to see what they
have to offer in the way of present and future fields.
Anderson explained that Tonka united Soccer Association is part of
the Minnesota Youth Soccer Program, and has a totally voluntary
Board of 24 people. He said 12 years ago, when Tonka united Soccer
Association began, they only had a couple teams. In the past 5
years the growth rate has been phenomenal. He said they want to
provide "quality experience", and prepare for the growing needs of
youth. He said he and Jim Kohrt had visited 40 parks in the last
two days, trying to determine what is available.
Anderson said their purpose in attending the meeting is to
establish more effective communication, develop a good working
relationship with the City, and make the City aware of the need for
soccer fields. He said it's conceivable that there will be a
20%-30% growth per year over the next few years. He said at
present there are approximately 750 kids enrolled, 226 of these are
from Shorewood. They are divided into two leagues, the
instructional league and the traveling league. The traveling
league is required to host 50% of all games played. They cover a
larger area - to Brooklyn Center on the north and Burnsville on the
south, while the instructional league is a house league and only
covers the Minnetonka School District.
Chairman Christensen said i~ was wonderful to have the President
and officers come to the meeting. He said the Park Commission
tries to provide for all organizations, and have agonized over
finding soccer fields. Christensen then told Anderson that as far
as the Uni ted Tonka Soccer League goes, "the deed has been
inconsistant with the statement". He said he would be specific:
Last year a person came before the Commission to request use of
Badger Football field, stating that the field would be used by
small people one night a week, and cleats would not be used. He
personally_went out on the field - it was badly torn up, and there
was a cleated footprint that his shoe fit.
The Association was asked specifically to move the nets around.
Assurance was given that this would be done - it was not done.
A contract was sent to the Association to be signed. The signed
contract was received the day after the season ended.
PARK COMMISSION MINUTES
TUESDAY, AUGUST 28, 1990
Page three
Letters sent to Shorewood residents caused Niccum to spend 2+ days
on the telephone dealing with questions and antagonism.
Christensen said he wanted to assure the Association that the City
does want to provide for soccer, but continuation of past behavior
will not be allowed. The Association will not play on Shorewood
fields unless proof of insurance and the signed contract have been
returned.
Gagne introduced himself to Anderson, saying he was a
Councilmember. He told Anderson that the Association came very
close to being totally banned from Shorewood, and said maybe he
should talk to the Council.
Anderson said he didn't dispute what had happened, but they are a
young organization and learning. He said he is here to make a "new
beginning".
Kohrt said the girls teams are expanding rapidly.
Vogel asked Anderson why, when their field use quota was reached,
they couldn't just say "there is no more space"? Anderson said
they could, but they don't want to. Vogel said the fields were
over-used this year. They cannot be played upon every day, they
have to be rotated, or the city will lose the fields they have.
Anderson said he doesn't want it to appear as though his attitude
is "I want - we want - want - want - want".
Kohrt said if the kids are not into organized sports, they sit
around all day and do nothing.
Lindstrom said a soccer field was planned for Freeman Park in the
original 1980 Freeman Park p,lan. He said the City wasn't even
aware that soccer was being played in Freeman Park. It was new
turf this year, and the Commission did not want anyone to play on
it until next year when it would be established. He asked Anderson
if the Association had any money available to buy additional
parkland so more soccer fields could be put in? Anderson said no,
they have no immediate funds. He did explain that in their monthly
Board meeting in September he had asked the Boardmembers to come
with funding suggestions. Rouse said it might be possible for the
Association to organize people to aerate and seed.
Watten asked Anderson how many cities were involved in the
Association? Anderson said 10, all the cities in the Minnetonka
School District. He said the traveling teams interact with
Hopkins/Minnetonka. When asked, Anderson said School District 276
has the worst fields. Watten said we are a newer community and it
takes time to develop these things. He was told that other
PARK COMMISSION MINUTES
TUESDAY, AUGUST 28, 1990
paqe four
communi ties are newer, and some of them have whole complexes.
Watten suggested the Association look into other communities that
are not as developed as Shorewood to see if they have more land to
offer.
Christensen ended the discussion by thanking the representatives
from the Tonka united Soccer League for coming, and stated that the
Commission is not against soccer, and is willing to do what they
feel is appropriate.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Commission took a break---8:15 - 8:25
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
BYLAWS
Voqel moved, Dzurzak seconded to table the by-laws until they have
been revised by Administrator Whittaker and reviewed by the City
Attorney. Motion carried - 5/0.
PARK DEDICATION FEES
Andrus moved, Lindstrom seconded, to recommend to council that the
Park Dedication Fees be raised to $750.00 for each lot, if the lot
is a sinqle-family lot, or $750 for each livinq unit authorized to
be built on the plat, if the plat contains lots other than the
sinqle-family units, or $750 for each commercial sewer unit
assiqned to the property by the City, in accordance with the city's
commercial sewer assessment and policy hOOk-Up, if the development
is a commercial land development. Motion carried - 5/0.
FINAL RECOMMENDATION TO COUNCIL ON REFERENDUM VS. TAX LEVY AND THE
PARK CAPITAL IMPROVEMENT PLAN
The Park Commission priorit~zed the items in each park. Andrus
said if the City goes for a referendum the City can be assured that
future Councils cannot stop the funding, on a tax levy they can do
so. He suggested the Commission start initiating a referendum, for
the total PCIP minus the proposed Howard's Point parkland amount.
He said this way future income can be used for other things that
may come up later.
Watten said it would probably take about 1.5 years. He said it
would be supervised by Park Planner Koegler.
Christensen said Andrus has been doing a lot of work on this for
the last two years. It has been well thought out. He said
Shorewood is overly taxed, many people are questioning their
., "
ability to continue to live here.
recommendation for a referendum.
He said he would support a
PARK COMMISSION MINUTES
TUESDAY, AUGUST 28, 1990
Page five
Lindstrom said he felt the City should provide parks as part of the
City services. He didn't feel the City should have to ask the
taxpayers, they should just levy for the parks.
Andrus moved, Vogel seconded, to recommend to the council that the
Park Planner be directed to initiate the bond referendum process
for the total Park capital Improvement Plan; that the Council
accept the prioritization of the Park Commission, and spend funds
according to this prioritization; and that a 9 month lead time be
given, allowing the referendum to take place approximately April,
1991. Motion carried - 5/0.
LITTLE LEAGUE FIELD ORIENTATION
The Park Commission reviewed Park Planner Koegler's memo offering
two alternatives for the field.
Christensen moved, Andrus seconded, to recommend to council that
Layout #1 be accepted. Motion carried - 5/0.
The Commission wishes to know why the Planner chose Layout #2.
HORSES - HIKING AND BIKING TRAIL/FREEMAN PARK
Niccum said complaints have been received regarding "horse
souvenirs" on these areas. She said there have been requests for
signs stating "no horses". The Ordinance does not allow horses in
the parks without special permission. The Commission asked her to
put an article in the paper regarding this problem.
NO MEETING ON SEPTEMBER 11, 1990---ELECTION DAY
Niccum reminded the Commission that this is election day. The Park
Chairman will work with sta"ff to call a special meeting if it
becomes necessary (Niccum will be on vacation) .
ADJOURNMENT
Dzurak moved, Lindstrom seconded, to adjourn the meeting at
10:25 PM. Motion carried - 5/0.
RESPECTFULLY SUBMITTED
Susan A. Niccum
Park Administrative Assistant