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031389 CC Reg AgP .. ,1 .. " SClwNED CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, MARCH 13, 1989 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. AGENDA ROLL CALL A. Pledge of Allegiance B. Roll Call Stover Mayor Haugen Watten Brancel Gagne V/ ~ ./ V ~/ 1. APPROVAL OF MINUTES A. Special Council Meeting - February 6, 1989 (Att.No.lA-M~nutes-Beaver Control) B. .uJ A .. '," ~if&~1' '-....- B. Regular Council Meeting-February 27, 1989 (Att.No.lB-Minutes) 2. MATTERS FROM THE FLOOR A. 3. COMMISSION REPORTS A. Park Commission Report B. Planning Commission Report 4. CONSENT AGENDA A. Request for Approval - Walk of Hunger (Att.No.4A-Letter of Request) ()d~ SOUTH FORTY ADDITION-FINAL B. 5. PLAT APPROVAL Applicant: Wayne Pokorny Location: 24275 Yellowstone Trail (Att.No.5-Staff Reports, Development Agreement) -1- .. ,,~~ ~~~ II , . , COUNCIL AGENDA MONDAY, MARCH 13, 1989 PAGE 2 6. BEAVER CONTROL ISSUE ~-~~-~. 7. DISCUSS CDBG FUNDING FOR YEAR XV (Att.No.7-Staff Memo) 8. DOG ORDINANCE AMENDMENT DISCUSSION ~~~~ STATUS OF TAX FORFEITED PROPERTY ~~ f\ "c;~ % ~ Q~ I~A~ .Jv ~Att.No. 9-Staff -;;~;;;:~ )-.~ DISCUSSION AMESBURY REQUEST FOR SALE OF WATER TO FILL WETLAND (Att.No.lO-Letter of ,] Request) / if , y fi .;;,:.)1 \ ~t~ ~~~.( i"/ 1. Status of Park District Litigation ~~'vi~~( 11 y~ /~ B. Enqineers Reoort I1:J t1I 1. Acceptance of Improvements-WCL Acres (Att.No.llB-Engineers Report) q ~ J.. , ./7 ,\ / 2. ~y v 9. 10. 11. STAFF REPORTS A. Attorneys Report C. Planners Report 1. 2. D. Administrative Report 1. Special Meetinqs Schedule :J, UA/=--./''J-o~~ !-C:L;:{e... a ~ C'..<:'.""b' I. /Ze.....;;LLL-,;--r_C._, ~5/I.l 12. COUNCIL REPORTS c2. 'r 'e" './ .50 A. >': /., I?', . . I. 0_ -Il ,I) 0 - .,'- f....L k-~ l.fj-...'4# \A.J ~~ ~~ Report -r" cr, f "0 ~ , --&-.:~0:!v. ~ 't.~ i ~ I{./ ~~ o l~ ~ Ia' ~.,~~I,I'~1't'a.,~ Mayors 1. 2. b. Council Reports )?; l~ / / ./ / 1. 2. 13. APPROVAL OF CLAIMS AND ADJOURNMENT ~_,:,l (~l -2- , "") ..., ", /,/ e. -a f" ,y " ~-' CITY OF SPECIAL MONDAY, ,f SHO~!;:::' - .~. - _.:. ,:_:~:~... ~::'~CIL CHAMBERS COUNCIL MEETING 5755 COUNTRY CLUB ROAD FEBRUARY 6, 1989 7:30 P.M. MINUTES SCANNED ROLL CALL A special meeting was held at 7:30 P.M., on Monday, February 6, 1989 to discuss the issues of beaver control. The meeting was opened by Mayor Haugen. Present: Mayor Haugen and Councilmembers Gagne and Brancel. Absent: Councilmembers Stover and Watten. Staff: Clerk Kennelly and Attorney Froberg. BEAVER CONTROL DISCUSSION Mayor Haugen reviewed the problem being caused by the beavers in various areas of the City. At the present time the Lake Virginia and Waterford areas have had 150 trees each cut down by the beavers. The current Ordinance does not provide for steel leg hold traps and live traps have not been recommended as a suitable use to solve the problem. Mrs. Gerri Kuester of 19660 Waterford Place has lost approximately $1,000.00 worth of trees that were cut down. She has researched Ordinances in other cities where they allow controlled trapping for flooding, property damage, hazardous conditions or agricultural damage. Peggy Greer of 6045 Chaska Road was involved with the originat~cn of the current Ordinance and still supports that Ordinance. Ms. Greer feels the leg hold trap is inhuman and causes a long death. Jack Zastrow of 6050 Lake Virginia Drive is concerned about the destruction of property and property values. Roger Stein with Hennepin Parks, has found that small amounts of trapping do not work; their solution is to protect the trees by wrapping. Jane Kline supports wrapping and has volunteered boyscouts to do the wrapping of trees if the materials are provided. Residents discussed possible dangers of undermining along shore- line and particularly cut down trees that could fall. Mr. John ~rke4Area Wild Life Manager for the DNR, does not feel the beavers are dangerous unless cornered. He explained the beavers nesting habitat and the need for proper habitat in order to exist. Gagne asked which trapping system would be the best. Mr. Parker supports the use of the conibear trap as live traps do not work on the larger animals. Ms. Kline asked if a combination of live trapping and transporting could be used to control the problem. -1- /1-/ . . MINUTES - MONDAY, FEBRUARY 6, 1989 PAGE 2 BEAVER CONTROL DISCUSSION - Continue Mr. Parker stated that relocation of animals needs a good habitat area and the State is full at this time. The State allows trapping by setting a season. Each year 150,000 animals are trapped in order to enable the public to tolerate the beavers. People begin to hate any animal when there becomes too many of them and they cause problems with property and people. Mr. Parker feels the coni bear trap is the most humane trap and drowning deaths would take from six to twenty minutes. There is no instant death traps, mole or gopher traps are more dangerous to children than leg hold traps. Live traps are very stressful and the animal will beat themselves against the trap causing injury. The release of animals in a new environment has a death rate of four out of ten after relocation and release. The representative from the Humane Society stated that the organiza- tion does not support the use of leg hold traps but feels that in this case this is the most humane way to deal with the beaver pro- blem. Mr. Johnson recommends the use of a good trapper. Jeff Wilde of the Nature Center suggested a combination of tree wrapping and live trapping. It was also suggested by a member of the Friends of Animals in Environment Group to try live trapping and relocation or the use of conibear trapping by a licensed professional trapper. His organization may help with the expenses of relocation. The DNR will issue a license to trappers if the City will allow it. Ms. Kline has obtained additional information on a new repellant that can be applied to trees to prevent the beavers from cutting them down. This could be used in conjunction with tree wrapping. Mr. Zastrow was opposed to the use of repellants because it will also repell deer and they want the deer to remain. They recommend the time to trap is October 1 to April I, this will prevent the young from being abandoned. Mayor Haugen thanked everyone for their participation. The material submitted will be reviewed and further discussion will be addressed at the March 13th Council meeting. ATTORNEYS REPORT Attorney Froberg submitted a copy of a court decision on the Open Meeting Law. Basically, on issues covered under the Data Privacy Act the meeting should be closed to the public and reopened after the data has been discussed. Mayor Haugen requested a summarization in writing from the Attorney. MEETING SCHEDULE The regular meeting of February 13, 1989 will begin at 7:00 P.M., for an update on union negotiations. -2- . . MINUTES - MONDAY, FEBRUARY 6, 1989 PAGE 3 MEETING SCHEDULE- Continue Senator Gen Olson and Representative John Burger will hold an information meeting at City Hall at 10:00 A.M., February 18, 1989. TEMPORARY SIGN PERMIT REQUEST TABLED Gagne moved, seconded by Brancel to table a request by the Fina Station for a temporary sign permit. The Council would like addi- tional information on the property combination. Motion carried - 3 ayes. ADJOURNMENT Brancel moved, seconded by Gagne to adjourn the special meeting of Monday, February 6, 1989 at 9:30 P.M. Motion carried - 3 ayes. RESPECTFULLY SUBMITTED, Jan Haugen, Mayor Sandra L. Kennelly City Clerk -3- CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY. 21 FEBRUARY 1989 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. S T U D Y SESSION MINUTES CALL TO ORDER Chair Schultz called the meeting to order at 7:35 P.M. ROLL CALL Present: Chair Schultz; Commissioner Robertson; Planner Nielsen; Planning Assistant Helgesen.. Absent: Commissioners Benson. Mason. Leslie. and Spellman. (all excused). APPROVAL OF MINUTES Approval of the minutes of 7 February 1989 was deferred to the next meeting due to the lack of a quorum. SENIOR HOUSING Chair Schultz welcomed the attendance of Mayor Haugen and Counci1members Gagne. Brance1 and Watten. Planner Nielsen introduced George Sherman. of Sherman-Boosa1is Interests. Inc.. Mike Wiley of M.R. Wiley and Associates. Inc.. and Vern Knoll. whose son is an architect and builder. Mr. Sherman was invited by Commissioner Robertson to provide information to the Planning Commission and Council in regard to senior housing concepts. Mr. Wiley and Mr. Knoll were invited to present their view from a developer's perspective as they may have specific proposals in mind for the City. George Sherman said that his business is metro area housing development. His company. over the last several years has developed 5000 housing units. and 2000 rental units. one-third of which are rented to seniors. He is a member of the Minneapolis Board of Housing Task Force. as well as the State of Minnesota Housing Finance Agency (MHFA). He advises the City that whatever proposal it hears. a market place investigation be requested and changes that the future will bring be factored in. The senior market is expanding and growing every year due to life expectancy factors. People are now retiring as early as age 45. However. government subsidies are available to persons age 55 and over. He said that a vast majority of the failures in development is in senior housing due to the fact that: government is not financing for senior housing; the Fair Housing Law (passed in the past 30 days) says that a "senior project" must be able to demonstrate that the majority of it is devoted to seniors and must be in the metro area. the federal government demands a mixed occupancy unless services are provided strictly for seniors on Minutes Planning Commission Meeting 21 February 1989 a daily basis; unstable financing by developers; seniors want what they are used to (i.e. single-family homes). but they are unable to afford them; seniors want variety. and also need alternative forms of financing; senior housing sites should be able to provide services (within the community) over a long period of time; occupancy turnover rate is very high. Mr. Sherman suggested that cities should consider shared facilities with other communities. Mike Wiley explained that there are four types of housing available to seniors: subsidized (many seniors won't accept); multi-family (lacking in services); high-rise facility (seniors experience loss of lifestyle); or Bungalows. which Mr. Wiley went on to describe. The Bungalows offer one-story. single-family style living available within its own community. Services provided include a full-time director. occupational therapist on staff. support groups for grief; other limited on-site services. Units are available for sale at $50.000 to 70.000. or rent at $395 for one bedroom or $465 two bedroom. utilities and maintenance included. Site maintenance and services are paid through association fees for purchased units. Mr. Wiley suggested that the City consider forming a committee of seniors to make recommendations as to what they would like to see in the City for senior housing. He said he is looking for a 7 - 10 acre site for a 9 - 10 unit per acre density. The Bungalows provide 2+ spaces per unit parking. so there is not a problem satisfying a mixed occupancy criteria. Vern Knoll said he was appearing for his son. Judd. who is an architect and a builder based in Madison. Wisconsin. He said they are interested in building lower-income elderly housing. Up to 16 units per site blended in with the existing neighborhood. Rental prices range $250 - 300 which includes all utilities and maintenance. He said he was advised that Shorewood would be eligible for "Farm Home" financing. Jan Haugen suggested that a market survey be done possibly as a joint venture. It was agreed that a market survey is the first step. Vern Watten said he feels the City should do the market survey itself. It was also agreed that Tax Increment Financing needs to be discussed. Jim Schultz said the City should update the Comprehensive Plan to determine what the City is ready to accept. and where. ZONING - PERMITS FOR UTILITY SHEDS The Council has asked the Planning Commission to address the issue of requ~r~ng building permits for all structures regardless of size. This measure would ensure that all structures are meeting the required setbacks. and that construction is completed in a timely fashion. This item was deferred to the next study session due to the lack of a quorum. - 2 - Minutes Planning Commission Meeting 21 February 1989 RENTAL HOUSING REGULATIONS The Planning Commission and Council briefly discussed the idea of enforcing a Rental Housing Regulations ordinance. The objective being to protect the renter and the City. Bob Gagne said aesthetics, safety, etc. can be protected by the City, and feels the "Truth in Housing" code should be adopted. Planner Nielsen said liability and enforcement is a concern. Additional inspection services would be needed to keep up with such an ordinance. Barb Brance1 suggested having the Fire Marshall involved. Further discussion was deferred to the next Planning Commission study session. MATTERS FROM THE FLOOR Planner Nielsen mentioned that Cliff Anderson has requested that his variance request be considered at the next available Council meeting (the request was tabled at the 13 February Council meeting). All present determined that since the nature of the request has changed, it should go back to the Planning Commission for review. REPORTS None. ADJOURNMENT Robertson moved, seconded by Schultz to adjourn the meeting at 10:17 P.M. Motion carried unanimously. Submitted by: Patti Helgesen - 3 - Toi) t:. ;4- Bitt harbor for rodents, flies and insects; or 2. The winter accumulation of manure is not removed from the premises prior to April 15 of each year; or 3. Accumulations of manure are not removed at such periods as will insure that no objectionable aroma exists and that the requirements of Subdivision 1 above are complied with; or 4. The applicant has failed to make a reasonable effort to keep the animal or animals under control and fenced within its pasture; or 5. The applicant has not met the standards set forth in ~740.03 of this ordinance; or 6. The animal has been cruelly or inhumanly treated. ~740.05 Penalty Any person violating the provisions of this ordinance shall be guilty of a misdemeanor. SECTION 741 LICENSING AND REGULATING THE KEEPING OF DOGS n41.01 Definitions. subd. 1 Owner: Any per3on, firm, partnership, or corporation owning, harboring, or keeping a dog or dogs. subd. 2 Kennel: Any person, partnership or corporation engaged in the business of breeding, buying, selling or boarding dogs; provided that such person, partnership or corporation customarily owns or boards more than three (3) dogs over six (6) months of age. 29 subd. 3 Animal Shelter: Any premises designated by the City Council for the purpose of impounding and caring for dogs held under the authority of this ordinance. , subd. 4 Officer: Any law enforcement officer of the City and persons designated by the City to assist in the enforcement of this ordinance. subd. 5 Running at Large: Running at large shall mean permitting any dog to go on or about the public streets, alleys, or other public or private places in the City except the premises of the owner or harborer thereof. 741.02 License Required subd. 1 License Required. No person shall own, keep, harbor or have custody of any dog over six (6) months of age without first obtaining a license therefor from the City Clerk of his agent. Applications for license shall be made on forms prescribed by the City Clerk, which form shall set forth: (1) the name and address of the owner, (2) the name and address of the person making application, if other than the owner, and (3) the breed, sex, an age of the dog for which a license is sought. No license shall be issued to any person other than the owner except upon the written request of the owner. subd. 2 Two dog per household limit. No household or person shall own, keep, harbor, or have in custody more than two dogs except by special permit granted by the City Council. All puppies shall be sold or otherwise disposed of ~ithin ninety (90) days after birth so as to reduce the number of dogs in any household to a maximum of two. 30 ~741.03 Requirements of License License shall be valid for a period of one (1) year commencing January 1 and expiring December 31 of the year issued; and shall be issued only upon payment of an annual fees to the City Clerk. The sum payable for each such license shall be assessed on a per animal basis in an amount established by the council from time to time as specifically set out in the fee schedule, ~402.01; of this code. subd. 1 Proof of Vaccination Every application for a license shall be accompanied by a certificate from a qualified veterinarian showing that the dog to be licensed has been given a vaccination against rabies within the time hereinafter specified. No license shall be granted for a dog which has not been vaccinated against rabies as provided in this section on such a date that not more than two years will have elapsed from the date of such vaccination to the time of the expiration of the license to be issued. Vaccination shall be performed only by a doctor qualified to practice veterinary medicine in the state in which the dog is vaccinated. ~741.04 Leashing. No person having custody or control of any dog shall permit the same to be on any unfenced area or lot abutting upon a street, public park, public place, or upon any other private land except the premises of the owner or harborer thereof, without being effectively restrained by a leash or chain or dog is within ten (10) feet of the person having custody of it and is obedient to the command of that person; nor shall any dog be permitted to run at large within the corporate limits of the city, nor shall any person having the custody or control of any dog permit the same at any time to be on any street, public 31 park, school grounds, or public place without being effectively restrained by a chain or leash not exceeding six (6) feet in length. ~741.05 Obligation to Prevent Nuisances It shall be the obligation and responsibility of the owner or custodian of any animal in the City, whether permanently or temporarily therein, to prevent such animal from committing any act which constitutes a nuisance.1:It shall be _...~~ considered a nuisance for any animal to ha&!tually or frequently bark or cry, 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~ ~741.06 Impoundment Unrestrained dogs may be taken by any officer as hereinbefore defined and impounded in an animal shelter and there confined in a humane manner. Impounded dogs shall be kept for not less than five regular business days unless reclaimed prior to that time by their owner as provided hereafter. ~741.07 Notice of Impoundment Within twenty-four (24) hours after taking a dog into custody, the animal supervisor shall, if the animal has an official tag, leave at the address shown on the certificate and registration a notice that the animal is in his custody and will not be disposed of if redeemed within the stated time, which time shall be not less than five (5) full days after such animal was taken 32 into custody. The date of the killing or selling of the dog shall be the sixth day after giving notice. ~741.08 Redemption Any dog may be reclaimed from the animal shelter by its owner within the time specified in the notice by payment to the Clerk of the license fee, if not paid for the current year, with an impounding fee and a per diem boarding fee as set by the City Council from time to time. In establishing the impounding fee, the Council may establish a schedule of fees based on the number of times a dog has been impounded. Notwithstanding this section, the owner shall remain subject to all other penalties contained in this ordinance. ~741.09 Disposition of Unclaimed Dogs Any dog which is not claimed as provided in ~741.08, within five regular business days after impounding, may be sold for not less than the amounts provided in ~741.08 to anyone desiring to purchase to dog if not requested by a licensed educational or scientific institution under Minnesota law. All sums received in excess of the costs and tax shall be held by the Clerk for the benefit of the owner and if not claimed in one year, such funds shall be placed in the general fund of the City. Any dog which is not claimed by the owner or sold shall be painlessly killed and buried by the Poundmaster. ~741.10 Permissible Return of Unrestrained Dog Notwithstanding the provisions of ~741.06, if an animal is found unrestrained and its owner can be identified and located, such animal need not be impounded but may, instead, be taken to the owner. In such case, however, proceedings may be taken against the owner for violation of this Ordinance. 33 ~741.11 Confinement of Certain Dogs Every female animal in heat shall be confined in a building or other secure enclosure, in such manner that such female ~~i~ cannot come into contact with another animal, except for planned breeding. ~741.12 Owner Obligation for Proper Care No owner shall fail to provide any animal with sufficient good and wholesome ~ food and water, proper shelter and protection from the weather, veterinary care when needed to preve~t suffering, and with humane care and treatment. No person shall beat, treat cruelly, torment or otherwise abuse any animal, or cause or permit any dog fight. No owner of a dog shall abandon such animal. ~741.13 Quarantine of Certain Dogs Any dog which bites a person shall be quarantined for such time as may be directed by the City Health Officer. During quarantine the animal shall be securely confined and kept from contact with any other animal. At the discretion of the Health Officer, the quarantine may be on the premises of the owner; however, if the Health Officer requires other confinement, the owner shall surrender the animal for the quarantine period to an animal shelter or shall, at his own expense, place it in a veterinary hospital. ~741.14 Muzzling Proclamation Whenever the prevalence o( rabies renders such action necessary to protect the public health and safety, the Council shall issue a proclamation ordering every person owning or ke~ping a dog to muzzle it securely so that it cannot bite. No person shall violate such proclamation and any unmuzzled dog unr~strained during the time fixed in the proclamation shall be subject to 34 impoundment as heretofore provided, and the owner of such dog shall be subject to the penalty hereinafter provided. ~741.15 Proceedings for Destruction of Certain Dogs Upon sworn complaint to a court of proper jurisdiction that anyone of the following facts exist: (a) That any dog at any time has destroyed property or habitually trespasses in a damaging manner on the property of persons other than the owner; (b) That any dog at any time has attacked or bitten a person outside the owner's or custodian's premises; (c) That any dog is vicious or shows vicious habits or molests pedestrians or interferes with vehicles on the public streets or highways; (d) That any dog is a public nuisance as heretofore defined; or that (e) Any dog is running at large in violation of this chapter; the presiding officer of said court shall issue a summons directed to the owner of said dog commanding him to appear before said court to show cause why said dog should not be seized by any police officer, or otherwise disposed of in the manner authorized in this Ordinance. Such summons shall be returnable not less than two nor more than six days from the date thereof and shall be served at least two days before the time of appearance mentioned therein. Upon such hearing and finding the facts true as complained of, the court may either order the dog killed or order the owner or custodian to remove it from the City, or may order the owner or custodian to keep it 'confined to a designated place. If the owner or custodian violates such order, any police officer may impound any dog described in such order. The provisions of this section are in addition to an supplemental to other provisions of this chapter. 35 r~ ~. subd. ~ y~ . 1 Costs assessed to owner Costs of the proceeding specified by this section shall be assessed against the owner or custodian of the dog, if the facts in the complaint are found to be true; or to the complainant, if the facts are found to be untrue. fi741.16 Summary Destruction of Certain Dogs Whenever an officer has reasonable cause to believe that a particular dog presents a clear and immediate danger to residents of the City because it is infected with rabies (hydrophobia) or because of a clearly demonstrated vicious nature, the officer, after making reasonable attempts to impound such dog, may summarily destroy said dog. fi741.17 Kennels No person, firm or corporation shall maintain in this City a kennel without. securing a license therefor from the City Council. The license fee shall be as set by the City Council from time to time and specifically set out in the fee schedule fi402.01 of this code. fi741.18 Appointment of Officers The City Council may from time to time appoint such persons as may be necessary to assist the police officers of the City in the enforcement of this Ordinance. Such persons shall have police powers insofar as is necessary to enforce this Ordinance, and no person shall interfere with, hinder or molest them in the exercise of such powers. fi741.19 Non-residents 36 l The sections of this Ordinance requiring a license shall not apply to non-residents of the City, provided that dogs of such owners shall not be kept in the City longer than thirty (30) days without a license and shall be kept under restraint. ~741.20 Penalty Any person, firm, or corporation found guilty of violating any provision of this Ordinance shall be guilty of a misdemeanor. SECTION 742 REGULATION OF THE USE OF ANIMAL TRAPS ~742.01 Purpose It is the purpose of this Ordinance to preclude the potential harm that may be inflicted upon people, particularly children, and to prevent the maiming, I unselective catching, and destruction of wild animals and birds and domestic animals that come in contact with traps. ~741.02 Definitions As used in this Ordinance, the following terms shall have the following meanings: subd. 1 Trap: Any mechanical device or snare which seeks to hold, capture, or kill an animal. subd. 2 Trapping: The setting or laying, or other use of a trap anywhere 37 ORDINANCE: NO. lA5f':b o~ .;fs 11- 15 ,ts- [. 'Uf<- Mvt/l/rC7 I'ALz;'l:rc-..3 5lfcJ tZ [ u ~ f ~ - t/ ,4--)t'J I\-r s tf C;-7.:5 DEFINITIONS. The following ~erms shall mean: 1) Owner - Any person, group of persons or corpora~ion owning, Keeping, harboring or having charge or con~rol of or permi~~ing any animal ~o habi~ually be or remain on or be lodged or fed wi~hin such person's house, yard or premises for a period of ~hree (3) days or longer. This ~erm shall no~ appl~ to veterinarians or Kennel operators ~emporarily maintaining on their premises dogs owned by o~hers. 2) Stray - Any unlicensed dog or ca~, the owner of which is is at large within ~he City. unKown, which 3) birds, excep~ Animal - shall mean any individual member of any of ~he fish, amphibians, rep~iles, insects, arachnids, curstaceans homo sap iens. species of or mammal s , 4) A~ Large - Any animal which is no~ effec~ively res~rained within a fenced area, or any animal which is permitted to be on any unfenced area or lot abutting upon a s~ree~, alley, public place or upon any other private land wi~hout being effectively res~rained from moving beyond such unfenced area or lot, or any animal which is permitted to be on any street, public parK, school grounds or public place without being effec~ively res~rained by chain or leash not exceeding six (6) fee~ in leng~h, shall be deemed to be running a~ large. 5) Res~rained - An animal is considered res~rained if it is enclosed within a fenced area, picKe~ed to a s~a~ionary objec~ by means of a chain, or metallic cable, under voice or signal command of a compe~en~ person, provided said animal will i~diately obey tha~ person's voice or signal command, if i~ is within a vehicle being driven or parKed on ~he public streets. 6) Animal Warden Any person, firm, agency or company hired or appoin~ed by ~he Ci~y ~o assis~ and/or enforce this ordinance. 7) Animal Shelter - Any premises designa~ed by ~he Ci~y impounding and caring for all animals found running a~ large. Counc il for a ) Ke n n e 1 species, over for sale. - Any premises where three six (6) mon~hs of age are (3) Kept, or more boarded, animals of the same bred and/or offered S) A~tacK - .A~~acK. shall mean any ac~ of biting, scratching, or any o~her injury to a human by an animal. caus ing- 10> Bi~ing Animal - Shall refer to any animal who has bitten, scratched or caused any o~her injury to a human being under circumstances where, at ~he ~ime of ~he at~acK, ~he vic~im was lawfully conduc~ing himself upon ~he premises on which ~he vic~im was legally en~itled to be, including premises owned or controlled by the owner of ~he animal, if such loca~ion is commonly open ~o ~he public, such as a driveway, sidewalK or boulevard, or ~he victim was on such premises e<t the express or impl ied inv itat ion of the owner of the an imal. 11) Vicious/Dangerous been deemed a Bi~ing animal to commit another attacK on Animal Shall and has committed a person, persons refer to any another attacK, or animal. animal or has which has attempted LICENSE REQUIRED. No person shall own, Keep, or harbor any dog or cat over six (6) mon~hs of age wi~hin ~he City withou~ a license. A license is required if the dog or ca~ is owned, harbored, Kep~ or main~ained for three (3) consecutive days or more, except tha~ no license shall be required for dogs or ca~s whose owners are temporarily within the Ci~y for a period of less than thir~y (30) days, or to guide dogs accompanying and properly ~rained to assis~ blind or deaf persons when such dogs are properly harnessed or leashed so ~hat the blind or deaf person may maintain control of the dog or cat. A) Licensing Procedures. Application. Written application for a license City ClerK and shall sta~e the name and address name, breed, color, age and sex of the dog or must be accompanied by a certificate from veterinarian certifying that ~he dog or cat has rabies for a term not less than the term of the shall be paid at the time of maKing application shall be given to the applicant. shall be made to the of the owner and the cat. The application a qualified licensed been vaccinated against license. The license fee and a numbered receipt B) License fee. The City Council, from time to time, shall resolution, the fee for issuance of a biennial license annual license for cats. Licenses shall expire on the establish for dogs, day of by an C) Tag and Collar. Upon complying with the provisions above, the City ClerK shall issue a numbered metallic ~ag, stamped with the number and year issued and labeled -Licensed City of Owners are required to see that the tag is securely fastened to the dog or cat's chain, collar or harness of durable material which must be worn by the dog or cat at all times. The fact that a dog or cat is wi~hout a license at~atched to its collar shall be presumputive evidence that the dog or cat is unlicensed. In the event that the metallic license tag issued for a dog or cat becomes lost, the owner may obtain a duplicate tag from the City ClerK upon the payment of $ D) False Representation. No person license for any other dog or counterfeit license tags. shall use for any cat, or counterfeit, dog or or cat, attempt a to E) No more than ~hree residential unit. (3) dog or cat licenses shall be issued per CONFINEMENT OF CERTAIN DOGS ANa CATS Dogs Or Cats In Heat. Every female dog within a building or secure enclosure, or confined in female dog or cat cannot come in contact with another breeding purposes. or cat shall such a manner dog or. cat be confined that such except for Biting Or Vicious Animals. All biting or vicious animals must be confined within a building, or within an enclosure consisting of sufficient material so as to prevent said animal from going through or over said enclosure. The top shall be covered and secured, and the flooring shall be of concrete or have fencing placed at least three (3) feet into the ground so as to prevent said animal from digging out. All openings to such enclosure shal~ be locKed at all times and signs posted alerting others that this animal has been deemed vicious or dangerous according to of this chapter. Said animal shall not be alloued out of enclosure unless it is muzzled and on a leash not exceeding four (4) feet in length and controlled by a competent person with the ability to control said animal. RUNNING AT LARGE/CITATION. When an animal is found running at large, a ownership is Known to the agents of the City Council, such animals need not be impo the agent may, at his discretion, cite the owners of such animals to appear in court 0 to charges of violation of this ordinance. Animals found running at large on mor occassion shall be impounded and the ouner notified of such impoundment. rr<:-~""" i..... S4r-t-;.c,,,-, c+ ..u4<:<.'-~ c..'$ .:t:i= $'(pO .04 K \(. ^"I'ICA,) ~ iFI J- A-1'-t;L NUISANCE ANIMALS PROHIBITED. Nuisance animals listed in this section, shall not be permitted within the City limits, if upon decision of the Council, its agents or a peace officer, the owner's have not attempted, or have failed ~o redeem said animal from continuing to be a nuicense as herein defin~d. It shall also be the right of ~he Council, its agen~s, or any peace officer, to requ ire impolmdment of sa id an imal to stop such annoyance. The owner shall be notified of such impoundment and responsible for all fees and charges. A) BarKing Dogs/Meowing or Yeowling Cats. Any dog or cat which barKS, bays, meows, yeowls, cries or howls for a period of ten minutes or more, or that carries on intermi~~ently for one half hour or more, and in so doing disturbs or annoys another person, shall be declared a nuisance. B) Any dog or cat that chases vehicles or interferes uith persons walKing, or interferes with pedestrians, persons horsebacK riding, or the driving of automobiles, bicycles, motorcycles, motorbiKes, snowmobiles, or other vehicles on public grounds, streets or highways. C) Any dog or ca~ that commits damage to the person or property of other than the owner, or habitually strays to the property of another, be declared a nuisance. anyone shall INTERFERENCE. r'-kl person sh"d 1 interfere with, W~rden in the performance of his duty, or seeK tt.€: custody of the An imal l.oJarden, except as hEre in hinder or molest to r'elease any pr-'ov ided. the An imal an imal in IMPOUNDING ANIMALS. 1) The Animal warden, as defined herein, may taKe animal found not to be Kept, conTined or restrained ordinance, or Tound to be a biting or vicious animal. up as and impound required by any this 2) Immediately upon the impounding of a dog wearing a current animal warden must maKe every reasonable eTfort to notify the dog of the impoundment and of conditions whereby the owner may oT the dog. Any verbal notices must immediately be confirmed the animal warden. license, the- owner of such regain custody in writing by 3) Notwithstanding anything con~ained herein to the contrary, if an injured an imal is impounded pursuant to th is part of th is chapter, it may be destroyed at any time, upon recommendation OT a veterinarian, but only after reasonable efforts have been made to contact its owner. 4) Any animal found in violation of this ordinance shall be taKen and conTined in a humane manner for a period oT not less than five (5) business days, and, if not claimed prior thereto by its owner, such animal shall thereafter become the property of the animal warden and may be disposed of in a humane manner, sold to an individual desiring to purchase the animal as a pet or sold for licensed scientific use. ANIMALS WHICH CANNOT BE IMPOUNDED. If an animal is Known to be vicious, dangerous, rabid or suspec~ed of having been exposed to rabies, and such animal cannot be impounded after all reasonable eTfort or cannot be impounded without serious riSK to the persons attempting to impound it, such animal may be immedia~ely Killed, and the owner liable for all charges arising therefrom. REDEMPTION OF IttFOUNDEO ANIMAL. I) Any animal impounded pursuant to this ordinance, may be reclaimed by the owner within five (5) business days upon payment to ~he Ci~y or its agent of the impounding fee, ~0gether with a boarding fee for Keeping oT such animal during impoundment, provided that the licensing requirements are complied with. 2). If an an imal has pay the veterinary bill the ex~ra care required required veterinary care, the owner shall be in its entirety, plus any additional charges Tor his/her animal. liable to to cover 3) When an animal is period, the owner shall and a sum of $25 on the impounded more than once within any twelve pay an additional sum of $10 on the second third and each consecutive impoundment (12) month impoundment, thereaTter. 4) UnI icensed animals shall be released after all charges are paid. A license mus~ be obtained within seven (7) days of the anir~l's release. If a I icense is not obtained within the set amount of time, the owner ~.hall be in violation of this ordi~ance. BITING ANIMALS TO BE bitten a person, a Known or suspected warden, such animal shall be Kept in such animal from coming into contact the owner. QUARANTINED. Whenever any rab id an imal is picKed up by confined in such a manner as with other animals or persons an imal has the an imal to prevent other than A) Upon proof from the owner of a current rabies vaccination, the owner may quarantine the animal at his/her place of residence, following the rules that such animal shall not be permitted to come in contact with other animals or persons, that the animal be muzzled and on a leash not to exceed six (6) feet when taKen from the place of confinement, and controlled by a competent person. B) If no proof of a current rabies vaccination, or upon descision owner or City Council, said animal will be quarantined at the Animal or a licensed veterinary clinic for the term of the quarantine, at the of the owner. of the Shelter expense C) Said animal MAY NOT be removed from written ~ermissiQn from the City Councilor the place its agents. of quarantine without BITING, VICIOUS, DANGEROUS ANIMAL. BITING ANIMAL. Whenever it shall appear to the satisfaction of the Council, its officers or agents, that any animal meets the criteria found in the definition of "Biting Animal", it shall be deemed as such. Once an animal has been declared biting, the following criteria must be met: 1) If the an imal was impounded, and photographs or other characteristics obtained, such materials shall be placed in file, indexed under the owner's name. identifying a permenant 2) If the animal was not impounded, the owner must, within five (5) days of notification by certified mail or personal delivery, submit suitable photographs or other materials to identify the animal, or maKe the animal available for the taKing of photographs by such person as declared by the Council. 3) The owner must, within twenty-four (24) hours, notify the Councilor its agents if said animal is sold, given away, dies or is euthanized, and must provide proof of disposition. 4) Said animal shall continue to be confined in an enclosure of suitable material which shall not permit the animal to get through, have a secure cover so as to prevent said animal from climbing over, and flooring of concrete or fencing buried at least three (3) feet into the ground so as to pre'Jent said animal fr'om digging out. All openings shall be locKed Cot all times ar,d the animal shed 1 no"t be r-emoved from said erlclo:sur-e unless on a_ leash nut exceeding (6) feo=i. and held b>' a competent pet'~.on. VICIOUS/DANGEROUS ANIMAL. criteria shall be deemed vicious: Any an i ma I which meeis the following A) Any animal which has previously been deemed as a biting committed or attempied to commit another aitacK. an imal and has B) Any animal which has caused serious bodily any person, or inj ury or disfiguremeni to C) engaged in any attacK on any person under indicate danger to personal safety, or circumstances wh ich wou I d" 01 exhibited unusually aggressive behavior, such as animal, or an attacK on anoiher E) the owner fails io restrain an animal from inflicting or aitempting to inflict bodily injury to any person or other animal whether or not the owner is preseni, or F) the owner has demonstrated an inability or animal in order to prevent injury ~o unwillingness to control the persons or other animals. Once an animal has been declared vicious, the following conditions shall be compl ied with: 1) The owner shall be notified by certified mail that said animal has been deemed vicious, and or personal de livery, 2) within forty-eight (48) of receipt of such notice, des~royed or removed from the limits of the City. to have the animal destroyed he must, sa.id an imal shall be If the owner elects 3) present a receipt from the animal warden, a licensed veterinarian, or humane society, declaring that said animal has been destroyed. Or if owner elects io remove the animal from the City, he/she shall: 4) provide written proof of the name, address and ~elephone person or persons taKing charge of said animal, signed by local au~horities, or a council member, stating that they the location o~ said animal and that they agree to taKe to maKe sure that, number of the the appointed are aware of respons ib il ity 5) such person or persons taKing charge of said animal shall local regu I at ions regard ing dangerous/v ic ious an imal s. comp I y with Violation of this section shall be a misdemeanor, punishable by a to exceed $700 or imprisonment not to exceed ninty <90> days, fine not or both. DESTRUCTION OF CERTAIN ANIMALS Upon sworn complaint to the District Court that any Tacts exists: one of the following 1) Than any animal at any time has destroyed property or trespasses in a damaging manner on the property of persons the owner; habituallY other than 2) That any animal at any time has attacKed the owner's or custodian's premises: or bitten a person outside 3) That any animal is vicious pedestrians or interferes with or shows vehicles vicious on the habits public or me I ests streets: or 4) That any an imal is a public nuisance as heretofore defined; the judge shall issue a summons directed to the owner of the an imal , commanding him/her to appear before the court to show cause why the animal should not be seized by any peace officer, or otherwise disposed of in the manner authorized in this part. Such summons shall be returnable not less than two (2) nor more than six (6) days from the date thereof and shall be served at least two (2) days before the time oT the scheduled appearance. Upon such hearing and finding the facts true as complained of, the court may either order the animal Killed or order the owner or custodian to remove it from the City, or may order the owner or custodian to Keep it confined to a designated place. If the owner or custodian violates such order, any police officer may impound the animal described in such order. The provisions of this section are in addition to and supplemental to other provisions of this ordinance. The cost of the proceedings speciTied by against tt-,e owner or custodian of the animal, are found to be true, or to the complaintant, untrue. this section if the facts if the facts shall be assessed in the complaint are found. to be MUZZLING PROCLAMATION. ~enever the prevelance of rabies renders such action necessary to protect the public health and sa~ety, ~he Council shall issue a proclamation ordering every person owning, Keeping or harboring a dog or cat to muzzel it securely so that it cannot bite. No person shall violate such proclamation and any unmuzzled dog or cat unrestrained during the time Tixed in the proclamation shall be subject to impoundment as heretoTore provided, and the owner of such animal shall be subject to the penalty hereinaTter provided. KENNELS/CATTERIES License Required. Any person, firm, corporation, or the City owning or having under their control, or boarding property, or for the purposes of breeding, sp~rt or sales, dogs or cats, shall apply to the City ClerK Tor family unit within or Keeping on their more than three (3) a Kennel license. No license shall be property proposed to be prop~rty sholl first issued unless each dog or licensed, or unless each dog be duly 1 icensed pursuant cat then present or cat to be Kept to sect ior. on the at :: uch her..in. LICENSE FEES: RULES.: EXPIRATION. A) The annual fee for such license shall be $ containing upto ten (10) cats or dogs. The annual fee more than ten (10) shall be an additional $ for dog. for each for each Kennel Kennels containing additional cat or B) No license shall be issued for a Kennel for the first time, until the application is approved by the Council. C) The rules contained in Minnesota Statutes, Section 347.35, are hereby adopted by reference and made a part hereoT as if fully set forth herein. In addition, the Council may maKe such rules as deemed appropriate for the qualification of any premises to be licensed as a dog or cat Kennel. No license shall be issued until the proposed Tacility has been inspected and meets the standards of this section. D) Every Kennel license shall expire on the last day following its issuance, and may be renewed after the initial further approval of the Council. of December next issuance without KENNEL INSPECTION. Any dog or cat Kennel within the City may be inspected from time to time by any duly authorized agent of the City as appointed by the Council, or by any peace officer. REVOCATION. A) The Council may revoKe or suspend the license of any person, firm, corporation or family unit for violation of the rules issued pursuant to or established in herein, upon the written complaint made to the Council by any person, firm, or corporation alleging any violation of this ordinance, or any rule issued pursuant hereto. B ) Up 0 n r e c e i p t investigation to be of a written mode upon comp I a int, the Counc i I matters related in shall said cause an complaint. C) The rules regarding suspension and revocation contained of this ordinance shall apply to this section. in Sect ion ABANDONMENT. It shall be unlawful for any person, firm or corporation to willing leave an impounded animal in the shelter after being notified of such impoundment. Violation of this section shall be a misdemeanor. C L fA/lI~,ll Got- ~Ecr5 3[,t:. to t!,J-t- ,)-l, PA-....-/ ::IZ %'7 - L3 VIOLATIONS. 1) Nothing in this ordinance, nor the initiation of any procedures herein enumerated, shall be deemed to limit, alter or impair the right of the City to seeK enforcement through criminal prosecution of any violation of this ordinance. 2) A violation of any provisions of this part shall to misdemeanor Charges. subject the violator ( c ( '- """ ~,(~ On motion of Ald. Kelly Seconded by Ald. Kennedy ORDINANCE NO. 87-13 AN ORDINANCE AMENDING SUBDIVISION 1 OF SECTION 905.03 OF THE WEST ST. PAUL CITY CODE OF 1980 REGULATING THE RUNNING AT LARGE AND CLEAN UP OF LITTER.OF DOGS AND CATS . ~ THE CITY OF WEST ST. PAUL DOES ORDAIN: Section 1. That Subdivision 1 of Section 905.03 of the West St. Paul City Code of 1980 is hereby amended to provide as follows: BYnning_~l_b~~g~sng_gl~~nlnB_~B_Qf_L'__~~. The license holder, ner or keeper of any dog or cat s 1 be responsible for the effecti estraint of said dog or and shall not perm~t the~ dog or cat to ru t large. Any d or cat which is not effectively- containeq within a fe area or any dog or cat which is on any unfenced area or lot abut a street, alley, public park, public place or upon any oth private without being effectively restrained by chaO or leash from movi eyond such unfenced area or lot, or any do or cat on any street, public school grounds or public pIa without being effectively restrained by . or leash not ex ding six feet in length, shall be deemed to be'runn~ ~_"_"_ lar ~l~~ning_~e_Qf_biii~~. The owner of any dog or cat or any person having the custody or control of any dog or cat shall be responsible for cleaning up any feces of the animal and dispOSing of such feces in a sanitary manner. It is unlawful for any person owning, keeping or harboring a dog or cat to cause or permit said dog or cat to be on property, public or private, not owned or possessed by such person without having in his/her immediate possession a device" for the removal of feces and depository for the transmission of excrement ~o a proper receptacle located on the property owned or possessed by such person. It is unlawful for any person in control of, causing"or permitting any dog or cat to be on any property, public or private, not owned or possessed by such person, to fail to remove feces "left by such dog or cat to a proper receptacle located on property owned or possessed by such person. The provisions of this paragraph shall not apply to the ownership or use of seeing eye dogs by blind persons, dogs when used in police activities by the City, or tracking dogs when used by or with the permission of the City. f t"~. ...f^ (~ II '1 Section 2. This Ordinance shall take effect immediately after passage, approval and publication. Ayes: 6 Nays: 0 APPROVED: August 10, 1987 AHest~~~~~.. : ~~e R. Latuff City Clerk, LaL_~~nn~ib_~~_~YQ~ Mayor 6) ..r LV Pi, ( (' I\J:c 1\ so registered, licensed and numbered, together with a description of such dog or cat, in a book kept by him for that purpose, and to issue to such owner or keeper a written license for each dog or cat so registered, licensed, and numbered together with a tag bearing the registration number of such dog or cat. Every person having a dog or cat registered as provided herein shall cause to be placed and kept around the neck of such dog or cat a collar to which the license tag provided for herein shall be securely fastened. It shall be unlawful for any person to remove the collar or tag from any dog or cat licensed, registered, or numbered as herein provided, or to wrongfully kill, maim, entice, or carry . away any such dog or cat. 560.04 Running at Large. It shall be unlawful for any owner or keeper of a dog or cat to allow such dog or cat to run at large within the corporate limits, of the City of Waconia, whether or not such dog or cat is licensed, registered, or numbered. For the purposes of this Chapter, a dog or cat shall be considered to be at large when said dog or cat is not under restraint as defined by this Section. The term restraint as used in this Section shall mean any of the following conditions: a. The controlling of a dog or cat by means of a leash, cord, or chain being affixed to the dog's or eat's collar, with the other end held securely by the person exercising restraint, provided that such leash, cord, or chain shall not exceed six (6) feet in lenqth, and shall be made of such material as to prevent the dogis or cat's escape by either breaking or chewing through said leash, cord or chain. b. The controlling of a dog or cat by means of a fixed leash, cord or chain, one end being securely fastened to the dog's or cat's collar, and the other end being securely fastened to some fixed object, of such strength as to prevent the escape of the dog or cat by either pulling or chewing through the fixed object. It is further required by this Subdivision that such leash, cord, or chain shall be of sufficient length to allow the dog or cat freedom to move about, but shall not be so long as to allow the dog or cat to move off the property owned, leased, or rented by the owner of the dog or cat. c. The controlling of a dog or cat by means of a fixed pen, of sufficient size to allow the dog or cat freedom to move about, but of sufficient strength and size to prevent the escape of the dog or cat by climbing, digging, chewing, manipulation of locks or gates, or any other means. d~ The controlling of a dog or cat by means of either voice or hand command provided, however, that restraint as defined in this Subdivision shall be active restraint, and shall be deemed to be in effect only while the owner is actively engaged in controlling the dog or cat. For the purposes of this Subdivision, allowing a dog or cat to be off leash or out of pen on the property of the owner, while said owner is not then present, does not constitute restraint. ~'. I' :.-x C l! S. (} r ZN LC- -t : ~'e.. JA ~---'7 .bQ..i~ -:).tJ [ct.?? I ORDINANCE NO. 193 AMENDING ENTIRE SECTION 430 OF THE ORDINANCE CODE Section 430 - Dogs; License and Regulations SECTION 430:00. DEFINITIONS. Subd. 1. Unless the context clearly indicates otherwise, the words, combination of words, terms, and phrases, as used in Section 430:00 et. seq. shall have the meanings set forth in the subdivisions which follow. Subd. 2. Owner. As used in this ordinance, "owner" means any person, firm, or corporation owning, harboring or keeping a dog, or the parents or guardians of any such person under 21 years of age. Subd. 3. At Large. "At Large" means off the premises of the person who owns, harbors or keeps the dog, and not under the control of such person, or some other person designated by him/her, either by leash, or otherwise. Subd. 4. Vicious Dog. "Vicious dog" means any dog or dogs that constitute a physical threat to human beings or other animals by virture of one or more attacks of such severity as to cause property damage or physical injury. Section 430:05. Violations. .~ Subd. 1. Dogs Running at Large. No owner of a dog shall allow such dog to run at large within the corporate limits of the municipality. All dogs not confined within an enclosure shall be kept on a leash securely fashioned, or held so as to prevent the dog from running at large. Subd. 2. Barking Dogs. No owner shall allow in his possession or on his premises any dog which by loud and frequent barking, howling, or yelping shall cause noise, disturbance, or annoyance to persons residing in the vicinity thereof. Subd. 3. Dogs which are a Public Nuisance. A dog is declared to be a public nuisance and it shall be unlawful to be an owner of such a dog if the dog: a. Runs at large, strays or trespasses; or b. Causes disturbance, annoyance or noise in violation of any provision of Sections 430:00 - 430:25; or c. Damages the property of anyone other than its owner; or d. 8y v;rture of number or type is offensive or dangerous to the public health, safety or welfare; or e. Attack other domestic animals; or f. Is a vicious dog; or g. Causes unsanitary conditions of enclosures or surroundings; or h. Molests passersby or passing vehicles; or i. Causes fouling of the air by odors. Subd. 4. License Required. No dog owner shall keep any dog over three months of age except a recognized guide or seeing-eye dog kept for a blind person within the corporate limits of this municipality unless a license therefore has been first secured. Subd. 5. Interference with Officers. It is unlawful for any unauthorized person to break open the pound or to attempt to do so, or to take or let any dog taken by him in compliance with this ordinance or in any manner to interfere with or hinder such officer in the discharge of his duties under this ordinance. Subd. 6. Offenses Involving Tags. It is unlawful to counterfeit or to attempt to counterfeit the tags provided for in Section 430:10 of this ordinance to take from any dog a tag legally placed upon it by its owner with the intent to place it upon another dog or to place such tag upon another dog. Subd. 7. Taos not Transferable. Dog tags are not transferable and no refunds shall~be made on any dog license fee because of leaving the municipality or death of the dog before the expiration of the license. Subd. 8. Vaccination. No license shall be granted for a dog which has not been vaccinated aginst rabies as provided in this Section within a period of two years preceding the application for a license. Vaccination shall be performed only by a doctor qualified to practice veterinary medicine in the state in which the dog is vaccinated. A veterinarian who vaccinates a dog to be licensed in this municipality shall complete in triplicate a Certification of Vaccination. One copy shall be issued to the dog owner for affixing to the license application, one shall be sent to the Minnesota State Livestock Sanitary Board, and one copy shall be retained in the veterinarian's files. Subd. 9. Rernovalof Excrement. It is unlawful for any owner of a dog: 1. To permit that dog to be on any property, public or private, not owned or possessed by such owner, unless such owner has in his/her immediate possession a device for the removal of excre- ment and depository for the transmission of excrement to a proper receptacle located upon property owned or possessed by owner of said dog; or 2. To fail to remove excrement left by such dog to a proper recep- tacle located on property owned or possessed by owner of said dog. The provisions of this section shall not apply to the ownership or use of seeing-eye dogs by blind persons, dogs when used in police activities by the City, or tracking dogs when used by or with the permission of the City. Subd. 10. Violation of this Section. Violation of any subdivision of Section 430:05 is a petty offense governed by Ordinance No. 157, adopted by City Council 11/19/84. 2 SECTION 430:10~ lICENSE ISSUANCE. Subd. 1. Fee Required. licenses shall be issued by the Clerk for each dog, for a fee in the amount established by the Council from time to time. .- - Subd. 2. Application. Every application for a license shall be accompanied by a certification from a qualified veterinarian showing that the dog to be licensed has been given a vacci.nation against rabies in compliance with Section 430:05, Subd. 8. Subd. 3. Expiration. licenses shall expire on the 31th day of December next following thelr issuance. Subd. 4. Payment of Fee. It shall be the duty of each owner of a dog to pay the required license fee imposed to the Clerk on or before the first day of January in each year, or upon acquiring ownership or possession of any unlicensed dog or upon establishing residence in this municipality. The Clerk shall cause a notice of the necessity of paying such license fee to be printed in the official paper one time before the 1st day of December in each year. A penalty in the amount duly established by the Council from time to time shall be charged in addition to the normal fee for any license purchased after April 1st of each year unless the person applying for the license furnished proof they took up residence in the municipality after April 1st or purchased the dog after April 1st. Subd. 5. Receipts and Tags. Upon the payment of the license fee, the Clerk shall execute a receip~ in duplicate. He/she shall deliver the original receipt to the person who pays the fee, retaining the duplicate. He/she shall also procure a sufficient number of suitable metallic tags, the shape of which shall be different for each license year; and he/she shall deliver one appropriate tag to the owner when the fee is paid. Subd. 6. Affixing Tags. The owner shall cause said tag to be affixed by a permanent metal fastening to the collar of the dog so licensed in such a manner that the tag may be easily seen by the officers of the municipality. The owner shall see that the tag is constantly worn by such dog. SECTION 430:15. DOG POUND. Subd. 1. Impounding. Thirty days after the taking effect of this ordinance and on and after the first day of January of each year thereafter, the police officers of this municipality, or duly appointed representatives shall take up and impound any dogs found in the corporate limits, without the tag provided in Section 430:10, running at large, harbored or kept contrary to any provisions of this ordinance. Subd. 2. Notice. Notice of impounding shall be given to the licensed owner, if his name can ascertained from license records; otherwise by posting a notice at the City Hall stating the cause for the impounding and that if the dog is not claimed within five days, the dog shall be disposed of. Subd. 3. Establishment of Pound. The Council shall by resolution from time to time designate the name and address of the official municipal pound, and establish fees for daily case. 3 Subd. 4. Redemption. Any dog shall be redeemed from the pound by the owner within the time stated in the notice by the payment to the Clerk of the .. license fe~ for the current year if required with an impounding fee together with the charge of the pound for daily care; and emergency veterinary care which the veterinarian in charge of the pound had determined to be necessary to preserve the health or life of the animal. The fee for redemption shall be set from time to time by resolution of the City Council. Subd. 5. Release. Upon the presentation of a correct license tag and a receipt for a dog license for the current year and for the impounding and daily care fees provided in this section, the poundmaster shall release to any owner the dog claimed by him. Subd. 6. _Dispostiion of Unclaimed Dogs. Any dog which is not claimed as provided in this section within five days after impounding>> may be sold for not less than $5.00 to anyone desiring to purchase the dog if not requested by a licensed educational or scientific institution under Minnesota Statutes, Section 35.71. Any dog which is not claimed by the owner or sold shall be painlessly killed and buried by the poundmaster or upon the direction of the Council may be delivered to the University of Minnesota for scientific purposes. Subd. 7. Duplicate Tags. In case any dog tag is lost, a duplicate may be issued by the Clerk upon presentation of a receipt showing the payment of the license fee for the current year. .A charge in the amount duly established by the Council from time to time shall be made for each such duplicate tag. SECTION 430:20. PROCEEDINGS FOR DESTRUCTION OF CERTAIN DOGS. Upon sworn complaint to a Judge of District Court of the municipality that any one of the following facts exist: 1. That a dog at any time has destroyed property or habitually trespassed in a damaging manner on property of persons other than the owner; 2. That any dog at any time has attacked or bitten a person outside the owner's or custodian's premises; 3. That any dog is vicious or show vicious habits>> or molests pedestrians or interferes with the driving of automobiles on the public highways; Said Judge shall issue a summons directed to the owner or person having possession of said dog commanding him to appear before said Judge and to show cause why said dog should not be seized and killed by the keeper of the dog pound or any police officer or otherwise disposed of as authorized in this Ordinance. Such summons shall be returneable not less than two nor more than six days from the date thereof and shall be served at least two days before the time of appearance mentioned therein. Upon such hearing and finding the facts true as complained of>> the Judge of District Court may either order the dog killed or the owner or custodian to remove it from the City or may order 4 the owner or custodian to keep it confined to a designated place. If the owner or custodian disobeys such order, he shall upon the filing of a complaint and after a hearing and conviction be liable to the punishment ._ provided for violation this ordinance and any police officer or dog catcher may upon disobedience of said order may impound and slay any dog described in such order. The provisions of this section are in addition to and supple- mental to other provisions of this ordinance. Costs of the proceedings specified by this section shall be assessed against the owner or custodian of the dog. SECTION 430:25. RABIES CONTROL. Subd. 1. Rabies; Board, Health Officers; Duties. As set forth in Minnesota Statutes, Section 35.67, it shall be the duty of the executive officer of the Board of Health of this municipality when complaint, in writing, shall have . been made to him that rabies exists in this municipality, to investigate, either personally or through agency of subordinate officers under his jurisdiction, as to the truth of any such complaint, and determine whether Qr not rabies does exist in this municipality. Any such officer may, on his own motion, and without such complaint, likewise make such an investigation and determination. The fact that any executive officer of this municipality has investigated and determined that jurisdiciton shall not deprive the executive office of the Board of Animal Health of jurisdiction or authority to make such an investigation and determination with reference to this municipality. Subd. 2. Rabies; Proclamation; Publication. As set forth in Minnesota Statutes, Section 35.6, if on such investigation any such officer finds and determines that rabies does exist in this municipality, he shall forthwith and there upon make and file, as hereinbefore provided, a proclamation, setting forth the fact of such investigation and determination, and also in and by the proclamation prohibit the owner or custodian of any dog from permitting or allowing such dog to be at large within this municipality, designating it, unless such dog shall be so effectively muzzled that it cannot bite any other animal or any person. When the secretary and executive officer of the Board of Animal Health after investigation, has determined that rabies exists in any territory in the State, he shall issue similar proclamation in all towns and cities within such territory or area which in his judgement it is necessary to control the outbreak and prevent the spread of such disease; and such proclamation, when filed as hereinafter provided, shall prohibit the owner or custodian of any dog within the desinated territory from permitting or allowing such dog to be at large within such territory unless such dog shall be so effectively muzzled that it cannot bite any other animal or person. It shall be the duty of all peace officers and all health officers of this municipality to enforce the provisions of Minnesota Statutes, Section 35.67 to 35.69 and any person violating any of their provisions shall be guilty of a misdemeanor. Such proclamation, when issued by the Health Officer, executive officer, or Board of Health of this municipality shall be filed with the Clerk; when issued by the State official hereinbefore named, it shall be filed with the Clerk of this municipality. 5 It shall be the duty of each officer with whom such proclamation is filed, as aforesaid, to forthwith publish a copy thereof in one issue, at the expense of this municipality, in a legal newspaper published in this municipality, if such a newspaper is publisheq therein, a~q if there be no newspaper there, then to post a copy of such proclamation in three public places therein. Proof of publication shall be made by affidavit of the publisher, in the one case, and of posting, in the other, by the person posting the same, which affidavit shall be filed with the proclamation. The proclamation shall be deemed effective and in full force five days after the publication or posting of copies thereof as hereinbefore provided for, and shall remain in full force and effective for a period of time therein designated, not exceeding six months, as shall be determined by the officer making the proclamation. Subd. 3. Unmuzzled Dogs Not Permitted at Large. As set forth in Minnesota Statutes, Section 35.69, it shall be unlawful for the owner or custodian of any dog to suffer to permit it to be at large, either on the premises of the owner or elsewhere, within this municipality after any such proclamation shall have been made, during the time such proclamation is in force, unless such dog shall be effectively muzzled so that it cannot bite any other animal or any person. It shall be lawful for any person to kill any dog running at large on the public streets or roads in violation of the provisions of Sections 35.67 to 35.69, and the owner or owners of any dog so killed shall have no claim against the person so killing any such dog. It shall be the duty of all peace officers and all health officers of this municipality to make complaint of any known violation of these sections. . Subd. 4. Passage. This Ordinance shall take effect 30 days from and after passage and publication according to law. Adopted by the City Council this 21st day of November, 1988. Attest: James R. Olds, Jr., Mayor Jane Peterson, City Clerk Gregory S. Withers, City Manager / 6 1 CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY. 7 MARCH 1989 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. M I NUT E S CALL TO ORDER Chair Schultz called the meeting to order at 7:46 P.M. ROLL CALL Present: Chair Schultz; Commissioners Robertson and Benson; Council Liaison Stover; Planner Nielsen; Planning Assistant Helgesen. Absent: Commissioners Mason. Leslie. Spellman and Bongaards (all excused). APPROVAL OF MINUTES ,. Approval of minutes was deferred to the next meeting due to the lack of a quorum. ADJOURNMENT There being no quorum present. Chair Schultz suggested adjournment of the meeting. to be followed by informal discussion of rental housing regulations. Kobertson moved. seconded by Schultz to adjourn the meeting at 7:47 P.M. Motion carried. RENTAL HOUSING REGULATIONS - INFORMAL DISCUSSION Planner Nielsen said that he has discussed proposed rental housing regulations among staff members Joe Pazandak. Building Inspector. and Joe Wallin. Fire Marshal. He provided an outline of items for consideration. and said that he is also compiling a sampling of ordinances from other cities for purposes of drafting a proposed ordinance for Shorewood. He said that staff agrees that the ordinance should apply to all rental properties. i.e. single-family as well as apartment unit dwellings. Schultz asked what Nielsen thought was the common denominator of problem properties. Nielsen said that lack of maintenance appears to be the underlying cause of problems which lead to unsafe conditions. Nielsen said enforcement of necessary correc~ions is a problem. and adopting an ordinance would make enforcement more feasible. Frequency of inspections was discussed. Staff recommends an initial inspection (upon license application). inspection upon complaint. and inspections every three years. Schultz asked if this proposed ordinance would protect commercial property tenants as well as residential tenants. Stover said she would like to see a commercial rental ordinance. Nielsen said that a commercial rental ordinance. if proposed. should be covered under a separate ordinance. Some leases the tenant. that issue. state that any necessary repairs and maintenance are the responsibility of Nielsen said that one of the sample ordinances has a disclaimer addressing which should be an item that is adopted by Shorewood. ~~ Rental Housing Regulations - Informal Discussion. continued: Some cities actually take it upon themselves to correct the problem and assess the cost back to the property. such as Shorewood can do through its nuisance ordinance. Liability over this and other items such as evicting tenants due to hazardous conditions was discussed. Where would the tenants go? Who pays for accommodations? Who is to determine what is "hazardous" enough to warrant such action? Perhaps ordering the landlord to evict the tenant would be the solution in that case. thereby the landlord becomes responsible to accommodate the tenant. Nielsen also provided an outline for implementation of the ordinance. The first draft of an ordinance will be presented to the Planning Commission at its 4 April 1989 meeting. Submitted by: Patti Helgesen Planning Assistant - 2 - l ~ . CITY OF SHOREWOOD 7:00 P.M. SPECIAL COUNCIL MEETING 7:30 P.M. REGULAR COUNCIL MEETING . COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD MONDAY, FEBRUARY 27, 1989 MINUTES CALL TO ORDER - SPECIAL MEETING Mayor Haugen called the Special Council meeting of Monday, February 27, 1989 to order at 7:00 P.M. in the City Hall Conference Room. INTERVIEW - PLANNING COMMISSION The Council interviewed Moonyeen BoJngaards, for the vacancy on the Planning Co~ission. action on the appointment at a later date. one of the applicants The Council will take UNION NEGOTIATIONS UPDATE Karen Olson,the Cities union negotiator from Labor Relations, was present to update the Council on the requests and progress made with the road department union. Their next meeting will be held March 7, 1989. She will report back to the Council of any progress and additional scheduled meetings. ADJOURNMENT Gagne moved, seconded by Brancel to adjourn the Special Council meeting of February 27, 1989 at 7:23 P.M. Motion carried-unani- mously. CALL TO ORDER - REGULAR COUNCIL MEETING Mayor Haugen opened the Regular Council meeting of Monday, February 27, 1989 at 7:30 P.M. in the Shorewood City Hall Council Chambers. ROLL CALL Present: Mayor Haugen, Councilmembers Gagne, Stover, Watten and Brancel. Staff: Attorney Froberg, Engineer Norton, Planner Nielsen, and Acting Administrator/Clerk Kennelly. APPROVAL OF MINUTES Brancel moved, seconded by Gagne to approve the minutes of the Special meeting of Monday, January 30, 1989 as written. Motion carried - 5 ayes. Gagne moved, seconded by Brancel to approve the minutes of the Regular meeting of February 13, 1989 as amended. Motion carried - 4 ayes. (Stover abstained-absent at meeting) -1- o MINUTES - MONDA~FEBRUARY 27, 1989 PAGE 2 . MATTERS FROM THE FLOOR RECOGNITION PARTY-SOUTH SHORE SENIORS CENTER Rosella Schmidt, representing the South Shore Seniors Center was present to personally invite the Council to a recognition party. This party will be held from 4:00 P.M. to 6:00 P.M. on Wednesday, March 15, 1989 for recognition of people and organizations supporting the Senior Center. Mayor Haugen thanked her for being asked to be a guest at their daily luncheon. Ms. Schmidt stated that approximately 40 people attend these luncheons. They are currently looking for funds to buy a new van and a telephone for the van. Mayor Haugen asked the public for contributions for the van and telephone and to contact the Center for information. PLANNING COMMISSION REPORT The Planning Commission held a study session to discuss senior housing. The Council was invited to attend to hear developers ideas on senior housing for Shorewood. CONSENT AGENDA Community Enerqy Council Appointment Staff recommended the appointment of Leon Lang as Shorewoods second representative to the West Hennepin Human Services Board - Community Energy Council. ~ ~1J.J' j""r' ~J 'J 1989 Weed Inspector ~y. '/ A f{71.. The appointment of Dennis Johnson, PUb~C Works ~ Mayor Haugen as weed inspector was recommended for 1989. Budqet Amendment - Eurasian Resolution No. 18-89 Water Milfoil and Sathe Association J '\ ''1" 10 f{p3, Lv Finance Direct~:s.-,Role~ec.o~nded approval of a Resolution adopting a bud~et}~~~~l~~O'O~urasian Milfoil - $8,913.00 and Sathe Association - $5,000.00 to be added to the budget and $1,950.00 to reduce in budget for auditing expenses. Approval of the 9th Annual Easy Race The Bank - Excelsior has asked permission to hold the 9th Annual Easy Race through Shorewood on Sunday, May 7, 1989. Appointment of Bookkeeper - Wendy Davis Finance Director Rolek recommended appointment of Wendy Davis as bookkeeper, effective February 15, 1989. -2- MINUTES - MOND~ FEBRUARY 27, 1989 . PAGE 3 CONSENT AGENDA Approval of Payment - S.E. Area Water Tower Engineer Norton recommended approval of payment to CBI Na-Con, Inc. for work completed at the S.E. Area Water Tower in the amount of $15,000. Engineer Norton assured the Council that there was sufficient retainage to cover the added expenses to the City due to the erosion from the overflow valve. Gagne moved, seconded by Stover to approve the Consent Agenda items as listed. Motion carried - 5 ayes. COMPARABLE WORTH DISCUSSION - Jim Schultz Mr. Schultz has submitted his proposal to proceed with the Comparable Worth Study. He will look at the internal relationship based on gender in relationship to jobs. The internal evaluations were deter- mined by the Administrator. The City employees had no confidence in the evaluation of the job d~criptions that were submitted. Mr. Schultz will be submitting a questionaire to the employees for their input then to be reviewed with the supervisor. The City may want to get involved with groups that have already established a basic evaluation. Council questioned the basis for comparison and guidelines. Mayor Haugen felt the Council was being forced to increase salaries to compare with other cities even if the cities were not comparable. The study will be done in compliance with the law reflecting market conditions, comparison of length of service and type of quality of work done. Mr. Schultz was directed to begin the study. He will coordinate the study with Clerk Kennelly. LMCD REPORT Mayor Haugen asked Mr. Rascop what procedure would be followed to control the Eurasian water milfoil if the needed $500,000.00 is not obtained. The LMCD would not purchase the harvesting equipment and would bid out the removal. The DNR has assured them that they will grant permits to allow the necessary harvesting. Dredging permits have been placed on hold until the commercial and multiple dock owners submit their individual needs to operate. No permanent structures will be enlarged only added to temporarily and. to be removed when the elevation returns to 928. STAFF REPORTS Planners Report DNR Draft Letter - Christmas Lake Access Council reviewed the draft letter. Stover would like more emphasis on the importance of protecting Christmas Lake from the milfoil. -3- MINUTES - MOND~ FEBRUARY 27, 1989 .~ PAGE 4 STAFF REPORTS Planners Report DNR Draft Letter - Christmas Lake Access - Continue Watten moved, seconded by Brancel to support the request of the draft letter as amended to close Christmas Lake access until methods of protection can be found. Motion carried - 5 ayes. Project Update Baywood Shops - The developers are working in conjunction with the Shorewood Apartments on a joint ponding area that is consistent with the Comprehensive Water Plan. They will be obtaining final stage approval within the next two months. South Forty Addition - The attorney is waiting to receive the title opinion for review. This final approval should be on a March agenda. Waterford 3rd Addition - The developers would like to set a special work shop meeting with the Council to discuss plans for the Old Market Road/Highway 7 intersection. The staff has reviewed the plans and they would like to submit them to MnDOT. The developer would also like to discuss funding alternatives for the intersection im- provement. council will hold a special workshop on the Waterford 3rd Addition plan on Monday, March 6, 1989 at 7:30 P.M. Mayor Haugen will be meeting with neighbor groups affected by this new phase. Attorneys Report Attorney Froberg updated the Council on the status of the K~ko/ Wittmer lawsuit. He will continue to inform the Council of future action. Administrator Search Jim Brimeyer of Sathe & Assoc. updated the Council on the progress made thus far in the administrators search. The Council and staff have been interviewed and a profile drafted. He asked the Council to establish a salary range for the profile. Council set a range between $35,000.00 - $40,000.00 depending on experience and education. A special meeting is set for reduction of candidates on Tuesday, March 14, 1989 at 7:30 P.M. and final candidate interviews for Tuesday, March 28, 1989 at 4:30 P.M. Enqineers Report 1989 Street Project Discussion Engineer Norton suggested that staff submit a list of roads for repair prior to the Council road tour. The list could be amended, if need be, after the tour is completed. This will enable the improve- ments to be completed without delay. -4- MINUTES - MOND~ FEBRUARY 27, 1989 PAGE 5 ~ STAFF REPORTS Engineers Report 1989 Street Project Discussion - Continue Council directed the Engineer to proceed with the preparation of the street improvement list. The Council can tour the City at a later date. Sewer Rehabilitation Work Engineer Norton and Public Works Director Zdrazil will obtain a bid documentation and prepare plans and specifications to go out for bids to televise and repair sewer lines under the budgeted $45,000.00 expenditure. Planner Nielsen will prepare a comprehensive plan amendment and request additional sewer hook ups for the areas currently under a moratorium. Mayor Haugen supports requesting Metro Waste Commission for a reduc- tion in charges when the repairs have been completed on infiltration. Administrative Reports Clerk Kennelly reported on bids received on Friday, February 24, 1989 at 11:00 A.M. on the sale of a 1978 Chevrolet 1/2 ton truck and plow. Four bids were received ranging from $500.00 to $1,002. Bids were obtained for a trade-in on a new plow. The previous bids were $400.00 for a trade-in and after the bids were received a trade-in came in at $1,100.00 Gagne moved, seconded by Stover to accept the plow bid with trade-in allowance of $1,100.00 to Crysteel Truck Equipment in the amount of $2,893.00 as recommended by Public Works Director Zdrazil. Motion carried - 5 ayes. Chamber of Commerce Dues A bill was received from the Chamber for 1989 dues. Council did not budget for this and they do not support the payment at this time. 1989 Recyclinq Grant Request Resolution No. 19-89 Clerk Kennelly requested that a resolution be passed to accompany a request to Hennepin County for reimbursement of expenses for the recycling and yard waste program. Stover moved, seconded by Brancel to approve the request for the resolution supporting the request for the recycling grant. Motion carried - 5 ayes. -5- . . MINUTES - MONDAY, FEBRUARY 27, 1989 PAGE 6 COUNCIL REPORTS Mayors Report Letter Supporting the Reappointment of Jo Ellen Hurr Mayor Haugen would like a letter sent to the Metro Council recommend- ing the reappointment of Jo Ellen Hurr as our representative on the Metro Waste Control Commission. Gagne moved, seconded by Stover to direct the letter to be sent to Met Council in support of Jo Ellen Hurr. Motion carried - 5 ayes. Long Range Agenda Mayor Haugen directed Clerk Kennelly to set up a long range agenda in her office. This would enable issues to be scheduled up to three months in advance. COUNCIL REPORTS Liquor Store Signage Watten and Stover had a meeting with the liquor store managers. Mr. Josephson has requested additional signage. The current signage is now in compliance with the ordinance and will have to remain that way. Mayor Haugen would like to see unused displays sold. Wetland Filling Planner Nielsen has spoken to a resident that was attempting to create a wild life area in his wetlands without a permit. He was told by the DNR that they didn't control wetlands, so he proceeded digging. He stated that he would like to restore the property back to its natural state. Water Extension Gagne would like to have a discussion on extending water service to the Baywood Shops and American Legion on a future agenda. Glen Road Drainage Easement Update Attorney Froberg stated that easement will be completed and sent out to the affected residents. He will follow up in fifteen days if he receives no response. Commission Vacancies There is currently a vacancy on the Parks Commission. Council have interviewed two applicants for the Planning Commission vacancy. Stover and Watten have not had the opportunity to interview -6- ...~. j" . . MINUTES - MONDAY, FEBRUARY 27, 1989 PAGE 7 COUNCIL REPORTS Commission Vacancies - Continue both applicants. They would like to do that prior to making their decision. Council will delay the appointment to the Planning Commis- sion vacancy until the special meeting of March 6, 1989. The vacancy on the Financial Advisory Board will be advertised in the newsletter with an explanation of duties. Volunteers are needed at Council meetings to operate the camera for cable TV. APPROVAL OF CLAIMS AND ADJOURNMENT Brancel moved, seconded by Watten to adjourn the regular Council meeting of Monday, February 27, 1989 at 9:54 P.M. subject to approval of claims for payment. Motion carried unanimously. GENERAL & LIQUOR FUNDS - Acct No. 00-00166-02 Checks # 1824-1902 General $ 154,809.59 Liquor $ 32,518.31 Payroll Checklist: Checks # 202833-202873 $ 10,888.94 $ 3,106.64 Total $ 165,698.53 $ 35,624.95 RESPECTFULLY SUBMITTED, Jan Haugen, Mayor Sandra L. Kennelly City Clerk -7- WAYNE G. POPHAM RAYMOND A. HAIK ROGER W. SCHNOBRICH DENVER KAUFMAN ROBERT A. MINISH ROLFE A. WORDEN G. MARC WHITEHEAD BRUCE D. WILLIS G. ROBERT JOHNSON GARY R. MACOM BER ROBERT S. eURK HUGH V. PLUNKETT, III FREDERICK C. BROWN THOMAS K. BERG BRUCE D. MALKERSON JAMES R. STEILEN JAMES B. LOCKHART ALLEN W. HINDERAKER CLIF"FORD M. GREENE O. WILLIAM KAUFMAN PAUL H. TIETZ MICHAEL O. FREEMAN HOWARD SAM MYERS, III LARRY D. ESPEL JANIE S. MAYERON THOMAS J. SARRETT POPHAM, HAIK, SCHNOBRICH & KAUFMAN. LTD. JAMES A. PAYNE DAVID A. JONES LEE E. SHEEHY ALAIN FRECON LESLIE GILLETTE MICHAEL T. NILAN THOMAS M. SIPKINS ROBERT C. MOILANEN THOMAS F. NELSON THOMAS J. RADIO DAVID L. HASHMALL KATHLEEN M. MARTIN JOHN C. CHILDS DOUGLAS P. SEATON THOMAS E. SANNER RICHARD A. KAPLAN BRUCE 8. McPHEETERS SCOTT E. RICHTER PAUL J. LINSTROTH SCOTT A. SMITH BRIAN N. JOHNSON DONALD M. LEWIS KENNETH ROSS* DAVID R. STRAND ELiZABETH A. THOMPSON KEITH ....I. HALLELAND 3300 PIPER ..JAFFRAY TOWER MINNEAPOLIS, MINNESOTA 55402 TELEPHON E 612-333-4800 TELECO"IER 1331612-334-2713 (321612-334-2781 1311612-334-2503 SUITE 2400 1200 SEVENTEENTH STREET DENVER, COLORADO 80202 TELEPHONE 303-893-1200 TELECOPIER 303-893-2194 SUITE 300 SOUTH 1800 M STREET, N.W. WASHINGTON, D.C. 20036 TELEPHONE 202-828-5300 TELECOPIER 202-828-5318 DIRECT DIAL NUMBER 334-2529 February 28, 1989 MARK B. PETERSON TIMOTHY W. KUCK CAROL B. SWANSON BRUCE A. PETERSON THOMAS C. MIELENHAUSEN MICHAEL D. CHRISTENSON J. MICHAEL SCHWARTZ TODD M. JOHNSON JEFFREY P. CAIRNS LOUIS P. SMITH BRUCE H. LITTLE MARK F. PALMA RUSSELLS.PONESSA BRYAN L. CRAWFORD MATTHEW E. DAMON .JOHN W. PROVO JILL I. FRIEDERS PAUL B. JONES ELLEN L. MAAS WILLIAM D. HITTLER ELLEN SUE PARKER GREGORYG.8ROOKER WILLIAM M. OJILE, JR. BRIAN W. OHM GREGORY G. SCOTT ROSANNE G. ZAIOENWEBER ROBERT C. CASTLE THERESE M. HANKEL ....I U LI E FLEM I NG-WOl.FE DEBORAH A. DYSON ZACHERY M. JONES BENSON K. WHITNEY KATHRYN M. WALKER GEORGE J. SOCHA SHANE R. KELLEY MARK F. TEN EYCK OUANE R. NOECKER ELIZABETH LEVI N E DEE ROWE JOHN M. BAKER KAREN M. HANSEN** SUESAN PACE-SHAPIRO** LINDA S. FRIEDNER ANDREW D. PARKER OF COUNSEL F"RED L. MORRISON " ADMITTED ONLY IN CALl~ORNIA .. ADMITTED ONLY IN TEXAS ... ADMITTED ONLY IN OHIO The City of Shorewood HAND DELIVERED Attn: Sandy Kennelly City Clerk 5755 Country Club Road Shorewood, MN 55331 Re: Tax Parcel No. 32-117-23-24-0011 Our File No. 6487-017 Dear Sandy: As we have discussed, it is my understanding that the above referenced tax-forfeited parcel is held by the City of Shorewood. After talking with Gordy Ramm, prior to allowing thi s parcel to be sold at public auction, the County of Hennepin must receive a resolution from the City Council approving the public sale. Our client, Builders Development, Inc. is interested in purchasing this property for development purposes. Therefore, we respectively request that the City of Shorewood consider approval of the public sale of this parcel. It is my understanding that such approval will be considered at the meeting of the Council on March 13, 1989. Upon your receipt of this letter, please contact Mr. 348-7839 to confirm that this matter has been placed Council's agenda and to advise him of the status of the approval of the public sale of this parcel. Ramm at on the City's Mr. Ramm also requested the City provide him with information as to the amount of special assessments due and owing to the City on the date of forfeiture, June 11, 1987. .;; + f --~ 0' "\.v O~ 412.51 ,0 ~ -.""""-- _....._~._._---, ..-,- -'-----.-------. I ,() ,..: "- i- I liok) I 1!-') I \ '\ \ J .-.. c' :!; I::) ...:. 1:'-. .....,~ (~\ -,L- C"'" I _ '-~ "1 J4.; lZDl ". Q.4~ _'4':';...;. 94 '~'."'i< . . b\~'\")." U 27 86fes. \00II" ...1 q..'''' "'y'- ~ ..:: -... "- ., ~ " \..J 14 ~ ~ (1\ ~ 'l:& ' ," ,,;..V: .-' H A - p.-.-'-""---- --~--- .~-- :2 (10) :.!! In \ ",,: ..J\ ~..~ 7' 0 A K ~ '.,' I .~..-w o (ZP) ~ ( 167 ROA 175 ~ (7-A) g. ADD. : 4 .. c:o. (l ':II c:....~ ~ t\l / ~.__..<.-,;,.._-",.. -~-_.' t.'-). ,.. \I. !1 Al L1 e,l. If)) , .. ~~_ ..1"" .-.',,"... I I ( -4-- - wi (II) I' i \ I ! (4420) (1 ~-z,o) ~) " ~) ") '" " :: 16~. Sf 8~. ...... Clt a Il( Q '~(J) ~ l (fo) ~ .J, : o;o:J li ~( ':J\j).:)'- .~ . i ~ f") -' ,," ,\" :-"7. "". ~ ,".iLl :.,;; :;:r- .V' It;e I Ie I . SP SMITIITOWN '" ~-RO- .. @ ACREAG NW 1/4 NW sw NE SE N 41.86 41.86 41.22 41.2214 . Feb. , 1988 Mark Stratman 65 Pleasant Lane E. Tonka Bay, MN 55331 474-5042 SHOREWOOD CITY COUNCIL Shorewood, MN 55331 Dear City Council, On Sunday, April 30, 1989, from 1:00 till approximalfelY 4:00 in the afternoon, the western suburban churches, in consert with Church World Services, is planning a walk for hunger, called the CROP Walk for the Hungry. We would like your permission to walk through Shorewood, along the bike lane of County Road 19. Our proposed route would take perhaps 100 participants from Mt. Calvary Lutheran Church up Rt. 19 to the Narrows Bridge and back, with stops at Manito Park and the Narrows bridge. The South Lake Minnetonka Police Dep't. has given their approval, pending approval by the cities along the route, and theyhave placed it on their police schedule. The City of Tonka Bay has also given approval. We expect approval from the City of Excelsior as well. We will provide for all our own needs, and merely seek your approval and support in this fund raising venture. Of the money raised insponsorship of the walkers, 25% will benefit area food shelves, and 75% will go to world hunger needs. Please contact me at the above address with your response. Thank you for your support. SinCerelY'~ ~ Mark Stratman /YA . ~ MEMORANDUM . . 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 TO: MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 9 MARCH 1989 RE: FINAL PLAT - SOUTH FORTY ADDITION FILE NO.: 405 (87.49) Wayne Pokorny has requested approval of the above-referenced final plat. A development agreement relative to the plat is attached for your review and approval (Attachment 1). The City Engineer has addressed his concerns in a letter, dated 22 February. From a planning perspective the final plat is consistent with the preliminary plat which was approved in June of last year. Lot areas, widths and depths have been revised to conform with R-lC zoning requirements. It is worth mentioning that the applicant's proposed grading plan (Attachment 2) shows a 30-foot front yard setback line. The R-lC requirement is 35 feet. The City Engineer's report recommends revisions to the grading plan. In pre- paring the revised plan, the applicant may wish to widen the buildable area of Lot 1 somewhat. The revised grading plan must also address access to Lots 2 and 3. If necessary a common driveway should be required to minimize the grade for a future driveway. Should this become necessary, a revision will be required to the proposed development agreement. There are at least three accessory buildings on what will be Lots 3 and 5. The development agreement provides for the removal of these structures prior to conveyance of the lots or within six months, whichever comes first. It is recommended that the final plat be approved subject to the applicant resolving the City Engineer's concerns and entering into the proposed develop- ment agreement within 60 days of the Council's approval. cc: Glenn Froberg Jim Norton Wayne Pokorny A Residential Community on Lake Minnetonka's South Shore :5... ." . O\~ sm_ ... ... .~YL~& Associates, Inc. 2021 East Hennepin Avenue Minneapolis, MN 55413 612-331-8660 FAX 331-3806 . M~R _ 6 \989 February 22, 1989 Engineers Surveyors Planners City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Re: Review of Final Plat For South Forty Subdivision Shorewood, Minnesota OSM Comm. No. 1744.96 Dear City Officials: We have reviewed the final plat, grading plan, and utility plans for the South Forty Subdivision at Wood Drive and Rampart Court as prepared by William R. Engeh 1 hardt Associ ates, Inc. for Yellowstone Trail Development, Inc. Our revi ew comments will address the following items: - Sanitary Sewer - Water - Storm Drainage and Grading - Streets - Erosion Control - Pl at SANITARY SEWER Sanitary sewer service will be provided from an existing 9" PVC line located in Yellowstone Trail. Lots 1 - 3 will be served from this existing 9" PVC. The servi ces for Lots 1 and 2 shoul d be core drill ed into exi st i ng manhole 37-9, and attached using a snap ring boot. If the services come into the manhole more than 2' above the invert, an inside drop section is required. The servi ce for Lot 3 wi 11 be core dri 11 ed into the exi st i ng 1 i ne and connected with a saddle. Lot 4 should have a sanitary service extended from the proposed 8" line along the east property line of Lot 4. If the existing service to Lot 4 is adequate, this new service may not be required. The 8" PVC sanitary sewer should have the class of pipe called out on the plan sheet (SDR I). The 8" PVC line from the existing Manhole 37-8 to proposed Manhole 1 should be changed to 8" DIP. WATER The municipal water system is not located within the project vicinity. Therefore, we understand individual well systems will be incorporated into each lot. Equal Opportunity Employer , ' . . Page Two City of Shorewood February 22, 1989 STORM DRAINAGE AND GRADING The proposed grading plan for the South Forty plat needs several revisions and additions. All of the lots should have building envelopes, house pad types and house pad elevations shown on the grading plan. The borrow area in Lots 2 and 3 should be shown with proposed contours to delineate the area of cut. All of the proposed contours shown on the plan should have slopes not exceeding 3:1. The rear yard of Lot 7 is shown to be a land locked low area. Storm sewer will need to be extended to collect the storm water from this area or the grading plan must be revi sed. The two storm sewer 1 i nes located at the southeast corner of the pond should be separated to allow for proper treatment of the storm water. The storm sewer pipe discharging into the pond should be extended further into the pond. The storm sewer pipe classes should be called out on the plan sheet. STREETS The street repair of Wood Drive and Yellowstone Trail shall be to the City of Shorewood standard. This standard shall be of the typical section used for Rampart Court, excluding the fabric. All disturbed street areas shall have the bituminous sawcut and removed the entire width of the street on both sides of the disturbance. The soil borings and information on the existing material in the street should be submitted to the City for an engineering review. EROSION CONTROL All disturbed areas should be seeded and mulched immediately upon completion of the grading. The storm sewer outlet should have straw bales around the apron until the disturbed areas have established vegetation. PLAT The drainage easement for the proposed pond should be shown on the plat as per the grading plan dated 2/15/89. The utility easement along the east side of Lot 4 should be 10 feet on both sides to the sanitary sewer pipe. The sanitary sewer pipe may need to be moved to the west to accommodate the easement. We would be happy to discuss these review comments with you. If you have any questions, please call me. Respectfully, ORR-SCHELEN-MAYERON & ASSOCIATES, INC. ~ -P 7/~ James P. Norton, P.E. City Engineer J PN : m 1 j . . RESOLUTI011 ~10. A RESOLUTION APPROVING THE FINAL PLAT OF SOUTH FORTY ADDIT!ON liHEREAS, the final plat of South Forty Addition has been submitted in the manner required for the platting of land under the Shore_lood City Code and under Chapter 462 of Hinnesota Statutes, and all proceedings have been duly had thereunder; and ~rnEREAS, said plat is consistent with the Shorewood Comprehensive Plan and the regulations and requirements of the la\vs of the State of Minnesota and the City Code of the City of Shore_vood. N011, THE~FCRE, BE IT RESOLVED, by the City Council of the City of Shoreuood: Tf 11 \ \ ...; That the plat of South Forty Addition is hereby approved. (2) That the approval is specifically conditioned upon the terms and conditions contained in the Development Agreement 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 ~ehalf of ~~e City Council. (4) That this final plat shall be filed and recorded within 30 days of the Developer's receipt of this Resolution. BE IT FURTHER RESOLVED, that the execution of the Certificate upon said plat by the Mayor and City Clerk shall be conclusive, ShO\ling a proper compliance therewi~~ 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 _____ day of , 1989. Jan Haugen, Mayor ATTEST: Sandra L. Kennelly, City Clerk Roll Call Votes: Ayes: Nays: tJI;tid. / . . 02/09/89 CITY OF SHOREUOOD RESIDENTIAL SUBDIVISION DEVELOPUENT AGREE1IENT SOUTH FORTI ADDITION THIS AGREEHENT, made this _____ day of , 1989, by and betHeen the CITY or SHOREi'lOOD, a iUnnesota municipal corporation, hereinafter referred to as the "City", and YELL0i1STONE TRAIL DEVELOPMENT, INC., a Hinnesota Corporation, hereinafter referred to as the "Developer". ~ffiEREAS, the Developer has an interest as contract purchaser of the lands described in Exhibit A, attached hereto and made a part hereof, which lands are hereinafter referred to as the "Subject Property"; and ~mEREAS, the Developer has made application under the City Subdivision Ordinance for City Council approval of a single-family residential development plat of said land, said plat to contain approximately 5.7 acres divided into 9 lots, and to be kno~m as South Forty Addition; and l'mEREAS, L~e City Council by its resolution passed on June 13, 1983, has approved the preliminarj plat of the subject property; and l'rnEREAS, 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 serJice lines to all lots and plats 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 South Forth Addition, attached hereto and made a part hereof as Exhibit B, the City and the Developer agree as folloHs: 1. IIlPROVElIENTS 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. Integral shoe formed bituminous curbs and gutters; c. Sanitary sewer mains; . . d. Storm seller and surface ~later 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 iVith the Developer. 2. PRE-CONSTRUCTION ~~ETING. 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 iVith 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. ILZ\TERIALS lUrn LABOR. All of the materials to be employed in the making of said improvements and all of the iVork performed in connection therewith shall be of uniformly good and 'ilorkmanlike 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 dJ.'1d replaced \vith 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 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 fully completed by - , 1989. It is further understood and agreed that the existing accessory buildings on lots 3 and 5 Hill be removed by Developer within 6 months and prior to conveyance of the lots. Upon receipt of written notice from the Developer of the existence of causes over Hhich 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. 6 . STREETS, SAlUTARY SEl'TER AND STORH SEHER 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, said plans and specifications to be subject to the final approval of the City Engineer. -2- . . t. As-Built Plan. ~Hthin sixt;.-' (60) days after the completicn of construction, Develofer shall cause its engineer to prepare and file ~..ith the City a full set of "as-built" plans, including a mylar original and t~.lO (2) black line prints, shmving the installation of the foregoing facilities Hithin 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 seller, 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. 7. ST}~..!{ING, SURVEYING AlID 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. GR.~IIIG, DRAINAGE, ffiID EROSION CONTROL. Developer, at its expense, shall provide grading, drainage and erosion control plans to be revie'iled and approved by the City Engineer. Said plans shall provide for temporary dams, earth~..ork or such other devices dJ.'1d practices, including seeding of graded areas, as necessary, to prevent the vlashing, flooding, sedimentation and erosion of lands and streets vii thin and outside the Flat during all phases of construction. Developer shall ~eep all streets 'ilithin the plat free of all dirt and debris resulting from ccnstr~ction therein by the Developer, its agents or assignees. 9. STREET SIGNS. Developer, at its expense, shall provide standard city street identification signs and traffic control signs in accordance ;lith 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. oCCu~r~lCI PEmITTS. The occupancy of any new structure on any lot within said plat shall be prohibited by L~e 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. ~fuen the City Engineer is satisfied that all work is completed in accordance with the approved -3- . . plans and speci~ications, a'1d the r:eT-lt~loI?er' s engineer l1as submitted a t1r:. ~t.en statement attesting to same I the Ci t'j" Engineer shall recommend that the improvements be accepted by the City. 13. CONVEYANCE OF IHPROVEHENTS. 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, ~Jhich 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 \vithout further notice or action on the part of either party hereto, other than acceptance by the City. 14. REPLACEHENT. All ~'lork 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. WiL~in 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 vvi thin the plat and provide the City Hi th a VHS videotape thereof. 15. RESTORATION OF STREETS, PUBLIC FACILITIES turn PRIVATE PROPERTIES. The Developer shall restore all City streets and oL~er public facilities and any private properties disturbed or damaged as a result of Developer's constr~ction activities, including sod ;vith necessary black dirt, bituminous replacement, curb replacement, ~~d all other items disturbed during construction. 16. PE"'1lBURSE1!E:IT OF CCS7S. 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 \dthin Agreement and the performance thereof by the Developer. Such reimbursement 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. 17. CT....AIHS FOR NORK. The Developer or its contractor shall do no \'lork or furnish no materials not covered by the plans and specifications and special conditions of this Agreement, for ilhich reimbursement is expected from the City, unless such tlOrk is first ordered in writing by the City Engineer as provided in the specifications. Any such work or materials ~Jhich may be done or furnished by the contractor without such written order first being obtained shall be at its O\VD 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 -4- . . Devele:per agrees to fur:1ish to the :i t:/ either a cash depositor an i~~evoc3b12 letter of c=edit approved by the City in an &~ount 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 \'lhich may arise out of the Developer's work or the \lOrk of L~eir 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 co-insured on said policy and the Developer shall file a copy of the insurance coverage with the City. Prior to commencement of construction of the improvements described in Paragraph 1 above, the Developers shall file with the City a certificate of such insurance as Hill protect the Developer, his contractors and subcontractors from claims arising under the workers' compensation laws of the State of Hinnesota. 20. LAHS, ORDINl\.NCES, REGULATIONS AND PEmIITS. Developer shall compl;:' 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 rfinnesota, and the Hinnehaha Creek t'1atershed District before commencing development of the at. SElTER ASSESSHENTS. The original assessments against the property for tary sewer are in the amount of $ Developer acknowledges that as a newly platted development of 9 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 \-lith ShoreHood City Code, together \'lith all previous assessments against the property, provided full credit is given to the Developer for all prior pa~~ents 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 FUl1I) PAYlmNT. Developer shall, at the time that final plat is approved, make a cash payment to the City in the sum of $4,000.00 for the Park Fund. -5- . . ~J. ~lCT:C:;3. All notices 1 c:ertific~tes and other ccn1lTIunications hereunder shall l:e sufficiently gi'len and shall be deemed given \Then mailed by certified mail, return receipt requested, postage prepaid, uith proper address as indicated below. The City and the Developer by ~Jritten notice given by one to the other, may designate a..'1y address or addresses to Nhich notices, certificates or other communications to them shall be sent when required as contemplated by this Agreement. Unless othenlise provided by the respective parties, all notices, certificates and communications to each of them shall be addressed as follows: To the City: Ci ty of Shorei10od 5755 Country Club Road ShorevlOod, HN 55331 To the Developer: Yellm-Tstone Trail Development, Inc. 9040 Nicollet Avenue South Bloomington, HN 55420 24. PROOF OF TITLE. Developer shall furnish a title opinion or title insurance policy addressed to the City guaranteeing that Developer in fact has a legal right to become fee Oimer of the property upon exercise of certain =ights and to ente= upon the same for the purpose of developing the property. Developer agrees that in the event Developer's o,mership ln the property should change in any fashion, except for the normal process of marketing lots, prior to the completion of the project and the fulf~l:ment of the requirements of this Agreement, Developer shall fcrth~lith notif:-~ the City of such change in o~'mership. 25. DISCLATI'reR BY CITY. It is understood and agreed that the City, the City Council, and the agents and employees of the City shall not be personal~. 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 ha~less 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. DECLl\.RATION OF COVENANTS I CONDIT:mlS AND RESTRICTIONS. Developer shall provide a copy of the Declaration of Covenants, Conditions and Restrictions, if any, which Declaration shall include the City as a signatory thereto, for revieu and approval by the City prior to recording. 27. DURATION OF AGREm~NT. This Agreement shall remain in effect until such time as the Developer shall have fully performed all of his duties and obligations under this Agreement. -6- . . ::3. P~~!E0~~S rJPa~l DEFA~..JLT v a. Assessment~. In the event the Developer shall default in the performance of any of the cevenants and agreements herein contained and such default shall not have been cured ,Ii thin thirty (30) days after receipt by the Developer of uritten notice thereof, the City, if it so elects, may cause any of the improvements described in Paragraph 1 above to be constructed and installed or may take action to cure such other default and may cause the entire cost thereof, including all reasonable engineering, legal and administrative expense incurred by the City to be recovered as a special assessment under }finnesota Statutes Chapter 429, in ~/hich 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 Hinnesota. In the event of an emergency, as determined by the City Engineer, the notice requirements to the Developer prescribed by Hinnesota Statutes Chapter 429 shall be and hereby are iIaived in their entirety, and the Developer shall reimburse the City for any expense incurred by the City in remedying the concitions creating the emergency. b. PerfoL~ance Guarantv. In addition to the foregoing, the City may also institute legal action against the Developer or utilize any cash deposit made or letter ~f credi~ delivered hereunder, to col:ect, pay, or ::-ei~11bur3e .....1-..::0 !""'';+-",:~ ~.-....-. *-.l.L__ '-... 1..0:1 ....vJ.. 4. (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 L~e 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 ~~is 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. HEFnINGS. Headings at the beginning of paragraphs hereof are for convenience of reference, shall not be considered a part of the text of this Agreement, and shall not influence its construction. -7- . . 30. SEVERABILITY. In the event any prov~s~ons 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. 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 L~eir respective legal representatives, successors, and assigns. IN WITlreSS ~ffiEREOF, the parties hereto have caused these presents to be executed on the day and year first above written. YELLOHSTmm TRAIL DEVELOPHENT, INC. CITY OF SHOREl'100D Bv: Its: BV: Jan Haugen, Mayor ATTEST: Sandra L. Kennelly, City Clerk -8- . . STATE OF HINNESOTA ss COUNTY OF HENNEPIN On this ____ day of , 1989, before me, a Notary Public within and for said County, personally appeared Jan Haugen and Sandra L. Kennelly, to me personally known, who, being each by me duly sworn, did say that they are respectively the Mayor and City 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 Sandra L. Kennelly acknowledged said instrument to be the free act and deed of said corporation. Notary Public STATE OF MINNESOTA ss COUNTY OF HEmrePIN On this _ day of said County, personally appeared Yellowstone Trail Development, Inc., who is its who executed the foregoing instrument and acknowledged same as his free act and deed. , 1989, before me, within and for on behalf of , described in and that he executed the Notary Public -9- . . N ------ -- -, I -- - 102.34 :; ~ '. - - ..... ..... ".. /" --- .--- .......- .......- ~ Ie. ".. \.....~ \ c;:, . }..N.87-20'OO'E.-. ::; ..:':.. 100.80 ;.. /' W "'It'l ~o -10'" .,N - - ,., z \ '\ \ \ \ \ \ :t l- ll: o i z I l! 0 v :8 g un ~ ... .N I 6 I , , , / , . "'.l.... _ :_) ,?.. JTlLlTY EAS~HEHS SHaWl: :~.; ...' " .;::-, , I ~. Th' ; , I 10 --: ' I; S!: __~ l._ ___1_____ 1 \/,lC;CiD FEET IN WIOTH AKa ADJO'.JK6 NESt AKD 8EING 10 FEET ,. ADJOINING LOT LINES AS ., ON THE PLAT. EXHIBIT B .'. LL~ . . ,~ <r n: Q.: , ' ...... !a_ ~r1 j r I :--j . . ._~ (~:- . SOUTH FOfj"Y SHOREWOOD , MN. FOR YELLOWSTONE TRAIL DEVELOPMENT JANUARY 1989 INC. ;r: ~ ;~ u x_ 'f1-,.~' '" ~ ~9.v_--- -ffifJu :;...'I!'" A$lZ '"' ~"'.1-~, - - t>J (J1" z~. ()~..~",;. ;: N ..~:7 :''''.j, ,~ .~ ~~t . (if; 1J" - - . ,@'il."'"'''' ~c? ~''.l '~~',~...~ ',-.!!!S=--- /" t ~. __ I / ~,~i \ , \ ..'rli1~-- t.:~?-+ " ,..It j, .i .j ~...... 1.... '..,.. ~ r::: ,:....~......!J'... _./\~' .- \ .,9fJ? f ''''1 .-' lo'9"'if.. 6 I' I , t9t9.7 ,-," \ ..., '. \ ' !;' EMERGENCY OVERFLOW OVERFLOWS TO C.B. AT 97B.5B ~ ~ ~ v.... I,j U'" fo..~ ~(J ~~ ~CO' ~J J...tb' ~ ,:)v~ 8J.,.C ~Qf ~J ~I v~ LEGEND - - -994-- - -- EXISTING CONTOUR -')40- PROPOSED CONTOUR -<< ~ PROPOSED STORM SEWER -------- EROSION CONTROL . ('.f} ! ..., /,li'j ~~J 7'W., )'", / q15 ~ i m;;- / '. 9;;. r~~ ',L , , '97. ~tLcL, ?- ,. . MAYOR Jan Haugen COUNCI L Kristi Stover Robert Gagne Barb Brancal Vern Watten . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 . (612) 474-3236 MEMO TO: Mayor and Councilmembe~s '~'ROM: Sandy Kenne lly gJL' DATE: March 8, 1989 SUBJECT: Community Development Block Grant CDBG Year XV application A public hearing is scheduled for 7:45 P.M., Monday, March 27, 1989, for the purpose of allocating Community Development Block Grand funds for year xv. Year xv begins July 1, 1989 to June 30, 1990. The total amount of allocation to Shorewood for year xv is $20,595.00. I am attaching a request from the South Shore Senior Center for fundings in the amount of $5,708.00 to go toward daily operations, specifically in the area of salaries. In the past we have allocated funds to Rehabilitation of private property. I would suggest that the remaining balance of $14,887.00 be so allocated. If you have added funding suggestions, these should be identified prior to the public hearing of March 27, 1989. SK.al Attachments A Residential Community on Lake Minnetonka's South Shore 7 ._OJ..r..'.......... .. ,.. -....: ... ..~ I" .. ~":~'-~~ / ' ./ . . NOTICE OF PUBLIC HEARING YEAR XIJ (1989) URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM CITY OF SHOREWOOD Notice is hereby given that the city of Shorewood in cooperation with Hennepin County, pursuant to Title I of the Housing and Community Development Act of 1974, as amended, is holding a public hearing on . Monac;ty " March 27 ,1989 at 7:45 p.m. in the Council Chamber of City Hall, 5755 Country Club Road. Shorewood, Mn. - The public hearing is on the housing and community development needs of the city and Urban Hennepin County, the Urban Hennepin county Community Develop- ment Block Grant Program Statement of Objectives, and the proposed use of the Year.XIJ Urban Hennepin County Community Development Block Grant Program Planning Allocation of $ 20,595.00 by the city. The Statement of Objectives consists of seven program areas, basically: (1) Administration, to maximize program benefit and effectively administer program funds; (2) Housing, to rehabilitate and assist in the development of housing which is affordable to low- and moderate-income households; (3) Neighborhood Revitalization, to maintain and preserve viable neighborhoods through concen- trated community development activities; (4) Public Facilities, to improve existing and assist in the development of new public facilities which benefit low- and moderate-income persons; (5) Economic Development, to provide financial assistance to businesses which will provide or retain employment to the benefit of low- and moderate-income persons; (6) Public Services, to expand and improve the quantity and quality of public services available to low- and moderate-income persons; and (7) Removal of Architectural Barriers, to remove material and architectural barriers which restrict the mobility and accessibility of elderly or handicapped persons. The city of Shorewood is proposing to undertake the following activities with Year XIJ Urban Hennepin County CDBG funds starting about July 1, 1989: Activity Budget Rehabilitation of Private Property South Shore Senior Center Operations $ 14 , 887 . 00 $ 5,708.00 For additional information on the proposed activities, level of funding, program objectives and performance, contact the city of Shorewood or the Hennepin County Office of Planning and Development at 348-6418. The public hearing is being held pursuant of MS 471.59. City of Shorewood Sandra L. Kennelly, City Clerk ~ . ~jAR - 2 . lQQO 1_'Vv SENIOR COMMUNITY SERVICES 1001 Highway 7, Hopkins, Minnesota 55343 933-9311 Ju 1 y 26, 1988 Daniel Vogt City Administ~ato~ City o~Sho~ewood 5755 Count~yClub R03d Sho~ewood, MN 55331 De .~~ Dan: Senio~ Community Services is requesting $5,708 ~~om the City o~ Sho~ewood to support the Southsho~e Senio~ Center du~ing the yea~ beginning July 1, 1989, and ending June 30, 1990. This ~equest ~eflects a 4% inc~ease ove~ Shorewood~s 1988-89 ~unding o~ the Center. ..~ ve~y much appreciate Shorewood's continuing suppo~t o~ the Southshore Senior Center. Coope~ation among SCS, a~ea cities, local organizations, and senio~ voluntee~s has made available to Southshore senio~s much-needed services and opportunities for g~owth. If yOU have any questions, please let me Know. Sincerely, ~ JacK Wieczo~ei< Prog~am Administ~ato~ . ^ united Wdy ~ " WAYNE G. POPHAM RAYMOND A. HAIK ROGER W. SCHNOSRICH DENVER KAUFMAN ROBERT A. MINISH ROL.F'E A. WORDEN G. MARC WHITEHEAD BRUCE D. WI LLIS G.ROBERT..JOHNSON GARY R. MACOM SER ROBERT S. BURK HUGH V. PLUNKETT~ III F'REOERICK C. BROWN THOMAS K. BERG BRUCE O. MAL-KERSON ,JAMES R. STEIL.EN ..JAMES B. L.OCKHART ALL.EN W. HINDERAKER CLIFFORD M. GREENE O. WIL.L.IAM KAUFMAN PAUL. H. TIETZ MICHAEL. O. FREEMAN HOWARD SAM MYERS III L.ARRY O. ESPEL. ' .JANIE S. MAYERON THOMAS ,J. BARRETT . . POPHAM, HAIK, SCHNOBRICH & KAUFMAN, LTD. JAM ES A. PAYN E CAVID A. ,JONES L.EEE. SHEEHY AL.AI N FRECON L.ESL.IE GILL.ETTE MICHAELT. NI~AN THOMAS M. SIPKIN$ ROBERT C. MOI~ANEN THOMAS F. NE~SON THOMAS ,J. RADIO CAVID L. HASHMAL~ KATHLEEN M. MARTIN ..JOHN C. CHILDS DOUGL.AS P. SEATON THOMAS E. SANNER RICHARD A. KAPLAN BRUCE B. McPHEETERS SCOTT E. RICHTER PAUL oJ. LINSTROTH SCOTT A. SMITH BRIAN N. .JOHNSON DONALO M. LEWIS KENNETH ROSS- DAVID R. STRANO ELIZABETH A. THOMPSON KEITH ..J. HALLELAND 3300 PIPER ..JAFFRAY TOWER MINNEAPOLIS, MINNESOTA 55402 TELEPHONE 612-333-4600 TELECO"IER 1331612-334-2713 (32) 612-334-2761 1311612-334-2503 SUITE 2400 1200 SEVENTEENTH STREET DENVER, COLORADO 80202 TELEPHONE 303-893-1200 TELECOPIER 303-893-2194 SUITE 300 SOUTH 1800 M STREET, N.W. WASHINGTON, D.C. 20036 TELEPHONE 202-826-5300 TELECOPIER 202-828-5318 DIRECT DIAL NUMBER 334-2529 February 28, 1989 MARK B. PETERSON TIMOTHY w. KUCK CAROL B. SWANSON BRUCE A. PETERSON THOMAS C. MIEL.ENHAUSEN MICHAEL. D. CHRISTENSON J. MICHAEL SCHWARTZ TODD M. .JOHNSON ..JEFFREY P. CAIRNS LOUIS P. SMITH BRUCE H. LITTLE MARK F. PALMA RUSSELLS.PONESSA BRYAN L. CRAWFORD MATTHEW E. DAMON JOHN W. PROVO JILL I. FRIEDERS PAUL B. .JONES ELLEN L MAA$ WILLIAM D. HITTLER EL.LEN SUE PARKER GREGORYG.BROOKER WILLIAM M. O,JIL.E, ,JR. BRIAN W. OHM GREGORY G. SCOTT ROSANNE G. ZAIOENWEBER ROBERT C. CASTLE THERESE M. HANKEL. ..J U LI E FL.EMING-WOL.FE DEBO'RAH A. DYSON ZACHERY M. ,JONES BENSON K. WHITNEY KATHRYN M. WAL.KER GEORGE ..J. SOCHA SHAN E R. KELLEY MARK F. TEN EYCK OUANE R. NOECKER ELIZABETH LEVINE OEE ROwE ..JOHN M. BAKER KAREN M. HANSEN.- SUESAN PACE-SHAPIRO.. LINOA S. F"RIEONER ANDREW O. PARKER 0" COUNSEL. FRED L. MORRISON . ADMITTED ONLY IN CALI,.OAN1A .. ADMITTED ONl.Y IN TEXAS' ... ADMITTED ONLY IN OHIO The City of Shorewood HAND DELIVERED Attn: Sandy Kennelly Ci ty Clerk . 5755 Country Club Road Shorewood, MN 55331 Re: Tax Parcel No. 32-117-23- Our File No. 6487-017 Dear Sandy: As we have discussed, it is my understanding that the above referenced tax-forfeited parcel is held by the City of Shorewood. After talking with Gordy Ramm, prior to allowing thi s parcel to be sold at public auction, the County of Hennepin must receive a resolution from the City Council approving the public sale. Our client, Builders Development, Inc. is interested in purchasing thi s property for development purposes. Therefore, we respectively request that the City of Shorewood consider approval of the public sale of thi s parcel. It is my understanding that such approval will be considered at the meeting of the Council on March 13, 1989. Upon your receipt of this letter, please contact Mr. 348-7839 to confirm that this matter has been placed Council's agenda and to advise him of the status of the approval of the public sale of this parcel. Ramm at on the City's Mr. Ramm also requested the City provide him with as to the amount of special assessments due and owing to the date of forfeiture, June II, 1987. information the City on a 1 , . , I~ ",0 A,. o. . I -4 "l~ ! .1 '" --"" ::; +, 412.57 ~ O.L. ~ ., ------~---'------ I .0 '"'" ~- i- I \201--) I 0-) I \ '1 I I J ~ -- -- ... ') -': .' -...!- .-. <:. :!; I:) ...;. ~. ....,t-.J (~) 14 ~ ~ 0\ ~ ~'.,,~ ... \"l"'-' ;;..\'!' ;" ?L. . , _ _ "-~ \1 14; ;20: #'! 'O~4~ -'.':.;'~.94 :.,..,-,d ,b\1'\~)'''' UZ78GKe.s.. Pc\~,,, ";' q.' ~ A - 2. v .._+~'-' N .::.~ (rq) .' .:,.._... .__.._------~_.~ - --..- ._...- -.---- f,-) .- ... ll. ~ AC L1 (/~ /11) . / - ... H ~ ~v>) ~) 16~. Ie 8~. " " ,-" :2 (10) '"' :i ~ ~ fn 0 '.0 L/.i':. .~~), II" SO).~' \ ('- _, .,,_:\0 ;7. ",,' . ll( ~ 1 (ro) () ,-=. ... .-:'!)l' 3'v";- I I : - . $P SMlTllTOWN I~e I Ie @ NW NW 1/4 SW NE 41.86 41.86 41.22 .' ;3 I (ZO) , I [61 RO 175 (2A).:,; ADD. 4 ...~.- .... ~ (H20) ,,0) "'l "I " :: _i (: :. '" . ..900 "'0 ' .;>0>',.____ ~ " L ~-RD- - MEMO TO: Shorewood City Council JAN 2 0 1989 FROM: Ken Carlson, Amesbury Homes Association DATE: January 19, 1989 SUBJECT: POSSIBLE FUTURE EMERGENCY WATER NEEDS Ladies and Gentlemen, The Amesbury Homes Association has asked me to inquire about the possibility of purchasing water from the City in the future should this need again arise. You may recall that in 1987 one of our residents, acting on his own, nevertheless successfully concluded two separate water purchases from the City which, in total, amounted to something less than 500,000 gallons. This was used to improve the level of the main Amesbury wetland area which we consider the most important natural resource under our management, and a major influence on the saleability of all of the homes in our neighborhood. The reasons for this inquiry now, however, are twofold: 1. The Amesbury Homes Association Board has now appointed a committee to oversee the wetlands under our ownership. As a result, a plan has now been developed and approved that will trigger a permanent solution to the low water level situation now prevailing should the present drought continue beyond May 1 of this year. If that occurs we will dig a well and install a pump. If nature blesses us with sufficient water to carry us through this difficult period, however, we may again be looking only to the occasional quick-fix solution as needed, a much less expensive option as you can understand. 2. The fact that we have now been asked to make this inquiry through you, the City Council, suggests that you are interested in monitoring these requests at present, and may now even have a specific policy governing this activity that we should know about. Please understand that we are not now asking to purchase water. We only want to know the conditions under wnicn you would agree to sell us water again for this purpose should an emergency need occur in the future. We will look forward to your reply. C7~: rJ~~ Ken Carlson Amesbury Board Member Pond Committee Chair KC/na It) . OSM. Orr 5chelen . Mayeron& Associates, Ine. . 2021 East Hennepin Avenue Minneapolis, MN 55413 612-331-8660 FAX 331-3806 Engineers Surveyors Planners March 13, 1989 City of Shorewood 5755 Country Club Road Shorewood, MN 55331 ATTN: Honorable Mayor and City Council RE: WCL Acres Subdivision Shorewood, Minnesota OSM Comm. No. 1744.57 Dear City Officials: The partnership, WCL Minnetrista Partnerships, has requested the City to take over the ownership and maintenance of the utilities and street in the WCL Acres Subd i vi s i on. We have inspected th is work and fi nd it to be in conformance with City standards. However, as of this writing, we have not received the "as-built" or "record" plans of the street and utilities. Therefore, we recommend the City take over the ownership and maintenance of the street and utilities conditionally pending the City receiving the as-built plans. A one year warranty period will start when the City accepts the ownership of the street. A one year maintenance warranty bond from the developer's contract is in conformance with the development agreement acording to a recent decision by the City attorney. If you have any questions, please call. Respectfully, ORR-SCHELEN-MAYERON & ASSOCIATES, INC. ~ A Jid;,.{~ James P. Norton, P.E. City Eng i neer JPN: rjg cc: Brad Nielson, City of Shorewood Planner Equal Opportunity Employer /13 . 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 Date: March 9, 1989 To: Mayor and Counci1members From: Alan Ro1ek, Finance Director ~ Subject: Check Approval Listings The check listing in your council agenda packets will look a little different from those you have received in the past. We feel that the council should see a listing of checks that are to be approved in ad- vance of the meeting so that any questions relating to the expenditures can be answered before the meeting. To accomplish this, the checks paid between council meetings, and the check approval listing, which presents to the council vouchers which are to be approved for payment, have been combined into one list. The payroll register is presented separately. This revision should help to alleviate a few of the shortcomings in the present system. First, as mentioned above, council will have adequate time to review the list and ask questions regarding expenditures before the vouchers are paid, rather than seeing these items for the first time on a list passed around the council podium on meeting night. Second, the council will see and approve checks only once, eliminating some of the confusion that the separate listings have caused in the past. Lastly, it will eliminate the duplication of effort in assembling the two listings. A duplicate signature copy of the listing will still be presented on the night of the meeting. I hope that this revision will help to clarify and simplify approval and payment procedures for all involved. Your comments regarding this change are encouraged and welcome. A Residential Community on Lake Minnetonka's South Shore f CHECK NO. . CHECK APPROVAL LISTING TO WHOM PAID CHECKS ISSUED SINCE FEBRUARY 23, 1989 1824 (G) 1825 1826 (G) 1827 (L) 1828 (L) 1829 (L) 1830 (L) 1831 (L) 1832 (L) 1833 (L) 1834 (L) 1835 (L) 1836 (L) 1837 1838 (L) 1839 (L) 1840 (G) 1841 (G) 1842 (G) 1843 (G) 1844 (G) 1845 (G) 1846 (G) 1847 (G) 1848 (G) 1849 (G) 1850 (G) 1851 (G) 1852 (G) 1853 (G) 1854 (G) 1855 (G) 1856 (G) 1857 (G) 1858 (G) 1859 (G) 1860 (G) 1861 (G) (. 1862 (G) Commissioner of Revenue VOID Mrs. Roy Luce Service Sales Corporation Minnesota Bar Supply US West Communications Bellboy Corporation Griggs, Cooper & Company Johnson Brothers Quality Wine & Spirits Phillips & Sons Midwest Aerial Contracting Harry Niemela VOID Ryan Properties Quality Wine & Spirits Dept. of Natural Resources Joe Pazandak Acro-Minnesota Orr, Sche1en, Mayeron and Associates, Inc. Earl Andersen & Associates Waste Management US West Communications Tonka Printing Star Tribune Sullivan's Service Sears Pommer Company Photo Factory Power Brake Equipment Co. Northern States Power Minntonka Public School MN Women In City Government MN Mayors Association Miller Davis Company Minnegasco Metropolitan Waste Control Commission Loren Kohnen Labor Relations Assoc. Inc. -1- . PURPOSE AMOUNT $ January 1989 Fuel Tax 112.40 Reimbursement on Water & Sewer 33.89 Maintenance & Repair 13.50 Bar Supplies 145.50 Utilities & Advertising 213.72 Liquor Purchases 1,619.15 Liquor & Wine Purchases 6,227.79 Liquor & Wine Purchases 2,509.31 Liquor, Wine & Beer Purchases 572.65 Liquor & Wine Purchases 1,024.74 Repair and Maintenance 128.30 March Rent 970.00 1,922.58 816.91 75.00 60.50 203.60 3,628.13 March Rent Liquor & Wine Purchases Water Use 1988 Mileage Office Supplies Engineering Fees General 263.81 Water 945.55 Streets 150.75 Parks 245.25 Shorewood Oaks 660.38 On-going 1,249.33 SE Area 113.06 Signs Waste Disposal Utilities Office Supplies Advertising Pump Out Sump in City Shop ....... General Supplies Office Supplies Prints General Supplies Utilities Office/Parks Supplies Membership-J. Haugen Membership-Dues Office Supplies Utilities March Sewer Charges 43.71 97.00 570.63 79.40 76.20 106.08 27.42 104.97 9.14 34.89 1,141.55 146.57 15.00 10.00 15.75 1,127.66 21,841. 07 Inspections and Plan Rev. Comparable Worth Study 1,998.00 168.72 CHECK NO. ~ CHECK APPROVAL LISTING . TO WHOM PAID PURPOSE CHECKS ISSUED SINCE FEBRUARY 23, 1989 -- CONTINUED f~ 1863 (G) 1864 (G) 1865 (G) 1866 1867 (G) 1868 (G) 1869 (G) 1870 (G) 1871 (G) 1872 (G) 1873 (G) 1874 (G) 1875 (G) 1876 (G) 1877 (G) 1878 (G) 1879 (G) 1880 (G) 1881 (G) 1882 (G) 1883 (G) 1884 (G) 1885 (G) 1886 (G) 1887 (G) 1888 (G) 1889 1890 (G) 1891 (G) 1892 (L) 1893 (L) 1894 (L) 1895 (L) 1896 (L) 1897 (L) 1898 (L) 1899 (L) 1900 (L) 1901 (L) 1902 (L) L-J Rubber Stamp Company League of MN Cities R.E. Mooney & Associates, VOID H.C. Mayer & Sons Feed-Rite Controls Inc. Rolf E.A. Erickson City of Minnetonka City of E~ce1sior Cargill Salt Division Communications World Boyum Equipment Browning Ferris Ind. Alternative Staffing A-1 Minnetonka Rental International Conference of Building Officials Physician Health Plan Medcenters Health Plan Commercial Life Insurance The Bank Excelsior Commissioner of Revenue Public Employees Retirement ICMA Retirement Corp. AFSCME Child Support Enforcement City Connty Credit Union VOID LHCD CBI Na-Con Griggs, Cooper & Company Ed Phillips & Sons Mark VII Distributors Quality Wine & Spirits Johnson Brothers Thorp Distributing Bellboy corporation Air Refrigeration Frank's Trucking Northern States Power Co. Minnegasco pI Office Supplies ~ Labor Relations Sub. Service Inc. Flow Control Valves Gas and Diesel Fuel Demurrage Charge Feb. 1989 Assesing Fee 1988 4th Quarter Water . 1988 4th Quarter Water De-icing Salt Office Phone Street Sweeper Cathcart Park-Chemical Temporary Help-Finance Scaffolding Rental 1988 Code Books Toilet Employee Health Insurance Employee Health Insurance Employee Life Insurance-Feb Fed., FICA and Medicare State Payroll Taxes PERA Deductions ICMA Deductions Union Dues Child Support-C. Davis Payroll Deductions Eurasian Mi1foi1 Contribution Construction Payment No. 10 Liquor, Wine, Misc. Purchases Liquor and Wine Purchases Beer Purchases Wine Purchases Liquor and Wine Purchases Beer Purchases Liquor Purchases Repair and Maintenance Liquor and Wine Purchases Utilities Utilities TOTAL GENERAL TOTAL LIQUOR TOTAL CHECKS ISSUED -2- AMOUNT $ ( 24.5..3&.) 1,344'.00 112.18 1,344.89 45.00 2,054.00 710.08 1,846.32 1,530.70 246.40 80,955.00 24.99 866.25 35.00 179.90 3,501.00 389.10 & March 64.80 4,219.57 716.54 1,301.08 320.00 100.80 145.00 37.00 5,000.00 15,000.00 6,493.91 346.89 2,506.85 162.11 1,529.51 3,136.45 1,490.18 68.00 244.20 247.06 129.00 154,062.26 32,518.31 186,580.57 J CHECK NO. . CHECK APPROVAL LISTING . WHOM TO BE PAID PURPOSE GENERAL FUND CHECKS FOR APPROVAL--MARCH 13, 1989 1903 1904 1905 1906 1907 1908 1909 1910 1911 1912 1913 1914 1915 1916 1917 1918 1919 1920 1921 1922 1923 1924 1925 1926 1927 1928 1929 1930 1931 1932 1933 1934 1935 1936 1937 1938 1939 1940 1941 A-l Minnetonka Rental AT & T Airsignal Alternative Staffing American Linen Boyum Equipment Inc. C.H. Carpenter Lumber Chaska Parts Service Commers Soft Water Co. Communcations World Cotter Charge/SW True Value Froberg and Penberthy, P.A. Hance Hardware Hatch Sales Hennepin Couty IBM Midwest Animal Services MN Suburban Publications Wm. Mueller & Sons Minnegasco Munitech Navarre Hardware Northern States Power Northern States Power Orr, Schelen, Mayeron and. ~'s sociates Pepsi Prentice Hall Pump & Supply Inc. Office Products of Minnesota Reynold's Welding Supply Shorewood Tree Service South Lake Minnetonka Public Safety Department Super Cycle Tonka Auto and Body Supply Tonka Printing Twin City Stamp & Stencil US West Communications Zep Products Ziegler Inc. Snake Rental Utilities Beeper Temporary Help-Finance Laundry-City Hall & Public Works Control Cable-Truck #29 Public Works Supplies PW Vehicle Maintenance March Rent Phone Maintenance Public Works-Paint Legal Fees General 2,682.50 Prosecution 1,965.00 Litigation 460.00 Developement 489.50 On-going 40.00 Retainer 250.00 Public Works-Maintenance Safety Fence Prisoner Expense PC Maintenance Contracts Animal Control Advertising Sand/Ice Control Utilities Maintenance Contract ?ub1ic Works-Supplies Utilities Utilities Engineering Fees General On-going March Rent Planning Books Main Staff Seal-Lift #9 Typewriter Maintenance Contract PW-Welding Supplies Pick-up Brush March, 1989 Budget 763.76 75.38 Recycling Services for Feb. PW-Vehic1e Maintenance Office Supplies Council Nameplates Utilities Public Works-Supplies Road Grader-Maintenance TOTAL CHECKS FOR APPROVAL TOTAL APPROVAL LIST -3- AMOUNT $ 25.00 11 .44 9.00 456.23 304.28 51. 68 425.35 38.14 22.50 54.00 33.96 5,887.00 42.96 110.00 341. 50 632.95 428.45 39.60 1,985.99 239.25 4,917.00 119.42 1,443.54 2,535.99 839.14 10.00 52.23 666.47 207.00 54.00 170.00 29,190.00 1,560.00 25.85 227.45 16.45 168.83 26.81 16.56 . 53 ;387..01 239,967.58 PAYROLL REGISTER , P AYROL. MARCH 1, 1988 . CHECK NO. TO WHOM PAID HOURS AMOUNT 202833 VOID 202834 (G) Leonard Watten 80 Reg. Hours $ 147.82 202835 (G) Janice Haugen 80 Reg. Hours 177.30 202836 (G) Barbara Brancel 80 Reg. Hours 147.82 202837 (G) Robert Gagne 80 Reg. Hours 150.00 202838 (G) Kristi Stover 80 Reg. Hours 150.00 202839 (G) Sandra Kennelly 80 Reg. Hours 866.32 202840 (G) Susan Niccum 80 Reg. Hours 476.32 202841 (G) Anne Latter 80 Reg. Hours 424.63 202842 (G) Alan Rolek 80 Reg. Hours 813.58 202843 (G) Wendy Davis 64 Reg. Hours 439.45 202844 (G) _ Bradley Nielsen 80 Reg. Hours 944.68 202845 (G) Patricia Helgesen 80 Reg. Hours 640.15 202846 (G) Joseph Pazandak 80 Reg. Hours 742.07 202847 (G) Charles Davis 80 Reg. Hours 4.5 OT 429.78 202848 (G) Dennis Johnson 82 Reg. Hours 6 OT 705.18 202849 (G) Daniel Randall 80 Reg. Hours 1 OT 652.52 202850 (G) Howard Stark 80 Reg. Hours 532.55 202851 (G) Ralph Wehle 82 Reg. Hours 9.5 OT 615.23 202852 (G) Donald Zdrazil 80 Reg. Hours 852.25 202853 (G) Joseph Lugowski 80 Reg. Hours 4 OT 664.24 202854 (G) Martey Jakel 12 Reg. Hours 65.04 202855 (G) Brian Jakel 33 Reg. Hours 165.74 202856 (G) Timothy Carroll 6 Reg. Hours 31.04 202857 (G) Scott Haskins 15.5 Reg. Hours 76.38 202858 (G) Todd Latterner 74.5 Reg. Hours 313.86 202859 (G) E.G. Nathan 30 Reg. Hours 141.31 202860 (L) Russell Marron 56.5 Reg. Hours 266.82 202861 (L) Christopher Schmid 80 Reg. Hours 391.48 202862 (L) John Thompson 8 Reg. Hours 36.40 202863 (L) Michael Koebensky 24 Reg. Hours 118.05 202864 (L) Brian Jakel 25.5 Reg. Hours 123.86 202865 (L) Mark Karsten 34.5 Reg. Hours 152.08 202866 (L) William Josephson 80 Reg. Hours 621. 21 202867 (L) Susan Latterner 36 Reg. Hours 156.20 202868 (L) Dean Young 80 Reg. Hours 522.68 202869 (L) Jim Majeres 28 Reg. Hours 131.07 202870 (L) Scott Bennyhoff 20 Reg. Hours 93.80 202871 (L) Scott Bartlett 36.5 Reg. Hours 166.51 202872 (L) - Lawrence Nelson 35 Reg. Hours 163.84 202873 (L) William Rhodes 35.5 Reg. Hours 162.64 TOTAL 14,471.90 TOTAL GENERAL 11,365.26 TOTAL LIQUOR 3,106.64