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052388 CC Reg AgP ~ ... CITY OF SHOREWooD REGULAR COUNCIL MEETING MONDAY, MAY 23, 1988 AGE'NDA CALL TO ORDER A. Pledge of Allegiance B. Roll Call 1. APPROVAL OF MINUTES A. Board of Review - May 5, 1988 2. MATTERS FROM THE FLOOR A. B. 3. PLANNING COMMISSION REPORTS A. B. 4. PARK COMMISSION REPORT A. B. 5. CONSENT AGENDA r.,.-.. COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. Gagne Z Brancel v / Mayor ~~~:~ .. . g;' (Att.No.1A-Minutes) A. City Hall Expansion - Payment Voucher No.5 - Zastrow-Nasset Construction B. City Hall Expansion - Change Order C. Conditional Use Permit-Propulsion -1- (Att.No.5A-Payment Voucher) (Att.No.5B-Change O;der) Enterprises - Wayne Warnke (Att.No.5C-Detailed Resol.) 0cA~ AGBNDA MONDAY, MAY ~3, 1988 PAGE 2 .. 5. CONSENT AGENDA - CONTINUED , ~ \0 i~ (.. D. Baywood Shops - Resolution Approving Concept Stage of Planned Unit Development (Att.No.5D-Detailed Resol) E. Liquor - Club-Sunday and non-intoxicating malt liquor - Licens~e- 1. Minn etonka Country Club - Liquor/Sunday .2. American Legion - Club/Sunday J{\ 3. Skipperette - Off ,Sale 3.2 Beer (Att.No.5E-Application) F. Water Use and Service Code Amendment Ordinance No. - 2nd Reading and Ordinance Adoption (Att.No.5F-Memo & Revision from 1st Reading) G. Freeman Park - Project No.87-5 -Payment Voucher No. 2 Widmer, Inc. (Att.No.5G-Request for Payment) J~/ V H. Street Light Request - Gillette Curve (Att.No.5H-Memo) I. West Henn:t1in Human Services - House Doctor Program ~ (Att.No.5I-Memo & ~~~~~d ~ Vote '; D~9' PRESENTATION OF CERTIFICATE OF RECOGNITION From the South Shore Senior Citizens Resolution) 6. 7. NEAR MOUNTAIN FINAL PLAT APPROVAL McKinley Place - 4th Addition McKinley Place - 5th Addition ~ ,,~\J (Att.No.7A-Engineer Report) (Att.No.7B-Planners Report) 8. APPEAL OF JUNK ORDINANCE VIOLATION Greg Sorensen - 25355 Birch Bluff Road 9. EQUITY SHARING. CONCEPT - POLICE BUILDING - CITY OF EXCELSIOR (Att.No.9 -Equity Sharing Concept) 10. PLANNERS. REPORT A. Arvidson - Dock?/Retaining Wall? - Status (Att.No. IO-DNR B. -2- , AGENDA MONDAY, MAY 23, 1988 PAGE 3 11. ATTORNEYS REPORT A. Galpin Lake Woods - Property Boundary Litigation B. Request to Maintain Right-of-Way (Att.No.11B-Letter of Request) C. 12. ENGINEERS REPORT A. B. 13. FINANCE DIRECTORS REPORT A. B. 14. ADMINISTRATIVE REPORTS A. Secretary/Receptionist Status B. Meeting Schedule -Tuesday, May 24, 7:00 p.m. - Audit Presentation - Council Chambers -Wednesday, May 25, 7:30 p.m.- Highway 7/County Road 19 Signal Project Informational Meeting - Excelsior Elementary School Gyro (Att.No.14B-Notice) C. D. 15. MAYORS REPORT A. B. 16. COUNCIL REPORTS A. B. .) 17. APPROVAL OF CLAIMS AND ADJOURNMENT -3- c.''''':';1'''~~~ " "i'~' ~.. 'r" '~_~r .,~ J~ " " ,_' 1-" ~l,;, ,~, ... '-', .:.. " " ';,j . -, '" ' ~. ., . ~.'" ~....... ill. " ...... .~. t 't '4tJ', ),'.lfi4,.;~\":li . , CITY OF SHOREWOOD BOARD OF REVIEW THURSDAY, MAY 5 , 1988 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. M I NUT E S CALL TO ORDER The Shorewood City Council convened at the Shorewood Board of Review at 7:30 p.m. on May 5, 1988, in the Council Chambers to review the assessed valuation plclced on real estate p~opert~ in Shorewood. ROLL CALL Present: Acting Mayor Brancel, Councilmembers Haugen, Stover and Gagne. (Rascop absent). Staff Administrator Vogt, Clerk Kennelly, City Assessor Rolf Erickson, Dave Wilde and Rita Guderian and Hennepin County Assessor Kermit Benson. REQUEST The following property owners came before the Council for review of their assessed valuation. JUDY MCCUSKEY 30-117-23-44-0007 5250 Howards Point Road Mrs. McCuskey was present to oppose a $42,000.00 increase over the last two years. Assessor Rolf Erickson reviewed the method for calculating lakeshore property. He listed various rates assessed for a running foot of lake shore in the cities around the lake. This house was reviewed by Assessor Wilde and he didn't feel an adjustment was due. Erickson stated that most lakeshore was increased 20%. Council took no action on this property. GLENN JANSON 25-117-23-41-0025 19285 State Highway 7 Mr. Janson submitted a packet of information to the Council that included a page from the 1987 tax book showing that valuation at $215,000.00, a purchase agreement for $196,000.00 dated March 29, 1988, and tax statement payable in 1988 with a valuation notice for taxes in 1989 set at $234,700.00. Mr. Janson felt the purchase price on the Commercial property was a true indication of the actual valuation. Stover moved, seconded by Gagne, to reduce the valuation to $196,000.00, $38,700.00 to be removed from the building valuation. Motion carried - 4 ayes. -1- IIr ( MINUTES ~ BOARD OF REVIEW PAGE -2- DOROTHY LANE 35-117-23-14-0004 5660 Christmas Lake Point Ms. Lane opposed her $14,600.00 valuation increase to $179,100.00. She feels the poor maintenance, steep slope of her lot and being directly across from the new public access should decrease the value of her property, Assessor Guderian stated that Lane's lot is a moderately sloped lot in comparison to other lots on Christmas Lake. Erickson stated that the access has not reduced any sale price. . Haugen moved, seconded by Stover, to decrease the value by $3,000.00 to $176,000.00. Motion failed - 2 ayes to 2 nays (Gagne and Brancel). CHARLES DONLEY 35-117-23-14-0014 5795 Christmas Lake Point Mr. Donley reviewed the past year land valuation increase. He has an appointment set for 5:30 p.m. this evening with Guderian who was late and the inspection was not done. Haugen moved that an inspection be done. Mr. Donley left the meeting with Assessor Guderian and returned after the inspection was done. He indicated that he has two professional appraisals at $265,000.00 and $266,000.00, and opposed his $294,500.00 valuation. The assessor did indicate that the home had many "do it yourself" problems and recommended a reduction to $268,900.00. Stover moved, seconded by Haugen, to reduce the valuation to $118,900.00 building and $150,000.00 land total $268,900.00 as recommended by the assessor. Motion carried - 4 ayes. CRAIG OMTVEDT 36-117-23-11-0014 19580 Waterford Place Mr. Omtvedt has requested a reduction in his valuation from $297,000.00 to $277,000.00. He feels this reduction would make his valuation more in line with his neighbors valuation. He feels his neighbors property should be $40,000.00 more than his own. Council postponed action until his file can be reviewed by the assessor. After review the Council to took no action on his request. MINNETONKA COUNTRY CLUB 33-117-23-32-0014 Smithtown Road 33-117-23-31-0002 33-117-23-24-0013 Mr. Bodan Witrak was present as a matter of record due to the Court litigation in progress on behalf of the Country Club golf course. The total valuation was set by the County at $1,352,300.00, the City has retained $758,000.00 as their valuation since 1986. Haugen moved, seconded by Gagne, to set their valuation at $835,000.00. Motion carried - 4 ayes. -2- .. MINUTES BOARD OF REVIEW PAGE -3- . . JOHN MAJESTIC 33-117-23-32-0023 5840 Eureka Road Mr. Majestic was present to request a reduction in his valuation due to the granting of land to the City for a new drainage ditch. The city purchased this land for $4,800.00. Erickson supports a reduction because the reduction of property has not been reflected in his valuation. agn , to reduce his land valuation by reduction because the reduction of on his valuation. Stover moved, seconded by Gagne, to reduce his land valuation by $4,800.00 total change from $120,700.00 to $116,500.00. Motion carried - 4 ayes. FRANK REESE 34-117-23-34-0007 6200 Chaska Road Assessor Erickson informed Mr. Reese that he has made a reduction after the inspection and notice has been sent. Mr. Reese agreed with the Assessor and no Council action was needed. TIM SEXTON 5355 Elmridge Circle Mr. Sexton spoke in opposition $275,600.00 to $320,70D.00 and valuation system is operated. supported their valuation. 29-117-23-34-0011 to his valuation increase from the manner in which the state Erickson reviwed his calculations and Haugen moved, seconded by Stover, to reduce the $15,000.00 from their building valuation to a total of $305,700.00. Motion carried - 4 ayes. MARVIN OLSON 36-117-23-21-0015 5474 Carrie Lane Mr. Olson was opposed to his land value going from $16,500.00 in 1987 to $60,000.00 in 1988. The assessor explained the platting laws regarding newly platted lots within a subdivision. Mr. Olson did not feel that his purchase price should have any reflection on the valuation set. Council took no action to change the new valuation. TOM RICE 36-117-23-13-0019 19825 Chartwell Hill Mr. Rice explained that he moved from Massachusetts and was told by the builder that his taxes should be around $6,000.00. His taxes are $14,000.00. He questioned what the valuation represents in accordance with the actual purchase price. This new valuation is $422,000.00 and he paid $429,000.00. His valuation is 98.1% of the purchase price. The County is requiring 92% to 93% of the actual market value. -3- ~ MINUTES ~ BOARD OF REVIEW PAGE -4- ~ TOM RICE - CONTINUED Haugen moved, seconded by Gagne, to reduce Mr. Rice's valuation to 94% of purchase to $403,000.00. Motion carried - 4 ayes. JAMES BRUCE 35-117-23-44-0008 1010 Holly Lane Mr. Bruce was present to request a reduction in his valuation of $369,800.00 from $325,000.00 in 1987. He stated that his land value has stayed at $110,000.00 since 1984. The assessors had has valuation set at $154,000.00 as were his surrounding neighbors with comparable lots. Council took no action to change the valuation. JUDY MCCUSKEY Haugen asked for reconsideration to reduce McCuskey's property by $10,000.00. Motion was not seconded, and no Council action was taken. HENRY CARSON 26-117-23-11-0020 4640 Lakeway Terrace Stover presented a request for reduction in valuation for Mr. Henry Carson. His value went from $82,700.00 to $90,700.00 representing a 10% increase. He felt some of his neighbors only got a 3% increase. She also felt his corner lot location was a disadvantage. Assessor felt that the value is justified in comparison to surrounding homes. No Council action was taken. LIST OF PROPERTY OWNERS OPPOSING VALUbTION FOR RECORDS Richard and Ingrid Hoyt 36-117-23-24-0008 5710 Ridge Road Allen and Carol Ofstehage 6140 Ridge Road 36-117-23-33-0006 Karen J. Zubert 5320 Elmridge Circle 29-117-23-34-0007 John and Sandy Hotvet 26420 Edgewood Road 29-117-23-35-0012 Dave and Allen Raisbeck 26640 Edgewood Road 29-117-23-34-0015 John and patricia Thomas 5310 Elmridge Circle 29-117-23-25-0008 Brian Zubert 28040 Woodside Road 31-117-23-24-0006 Elizabeth Braid Linlow 27920 Smithtown Road 31-117-23-34-0003 -4- il-~ - ~... . . CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, MAY 9, 1988 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. M I NUT E S CALL TO ORDER The Regular Council Meeting of the Shorewood City Council was called to order at 7:30 p.m., Monday, May 9, 1988, in the Council Chambers by Mayor Rascop. PLEDGE OF ALLEGIANCE AND PRAYER Mayor Rascop opened the Regular Council meeting with the Pledge of Allegiance and a prayer. ROLL CALL Present: Mayor Rascop, Councilmembers Brancel, Haugen, Stover and Gagne. Staff Attorney Froberg, Engineer Norton, Administrator Vogt, Planner Nielsen, Clerk Kennelly and Finance Director Beck. APPROVAL OF MINUTES Gagne moved, seconded by Haugen, to approve the minutes of April 12, 1988 as written. Brancel moved, seconded by Haugen, to approve the minutes of April 25, 1988 as amended to include corrections on pages 5,7,8 and 11. Motion carried - 5 ayes. PLANNING COMMISSION REPORT Stover attended the Planning Commission meeting of May 3, 1988 where four public hearings were held. These items will be discussed under agenda items 5,8,9 and 10. The Commission discussed the problem of people building without obtaining a building permit. They recommended that a stiffer penalty or fine be assessed against these people. Froberg stated that the fines can be tied to building permits as long as it represents actual addtional costs involved in getting them to obtain the needed permits. Also, where a variance is needed and not obtained there can be a misdemeanor charge proceeding in the form of litigation. -1- / /!;-- . MINU'l'ES MONDAY, MAY 9, 1988 PAGE 2 . . PARK COMMISSION REPORT Commissioner Gordy Christensen reported that they did an on site inspection of Freeman and Cathcart Parks. They were very pleased with the grading that has been completed in Freeman Park. They returned to City Hall and met with Jim Bean who requested a delay in the seeding of Manor Park ballfield until fall. He would like to be able to use the field for a group of young ball players in the area. They did agree to postpone the seeding until fall. Roller Blade skaters were using the Badger Park tennis court for practice. Sue Niccum reviewed the Ordinance and informed the youth to discontinue the use and come to this meeting to request continued use. No one was present at this meeting on behalf of the skaters. The Park Commission recommended approval of the purchase of a park grant book for $38.00. Zdrazil asked if the hockey rink at Badger should be replaced or rppaired. The commission has recommended replacement and relocation of that rink at this time according to the comprehensive park plan, expenses to come from the park maintenance fund. The Commission is obtaining estimates to complete the infields and parking lot rock as needed. They will be needing to go out for bids due to the estimated cost. Brancel moved, seconded by Haugen, to approve the purchase of a $38.00 grant information book. Motion carried - 5 ayes. Brancel moved, seconded by Gagne, to approve the replacement and relocation of the Badger Park Hockey Rink in accordance with the ;1~..~~~ Comprehensive park plan with expenses to cover from the park~~ ~cre:atiea ft\aiate:a~llt:;e fund. Motion carried - 5 ayes. Ji)t/ll)lt~ CONSENT AGENDA 1988 Dock License RESOLUTION NO.38-88 Dock licenses were approved as submitted for the following: Boulder Bridge Farms, Inc. Howards Point Marina, Inc. Upper Minnetonka Yacht Club Adeline P. Johnston Minnetonka Portable Dredging Company Shorewood Marina and Yacht Club, Inc. Street Light - Wiltsey Lane/Pleasant Avenue A request was received for a street light to be placed at the corner of Wiltsey Lane and Pleasant Avenue. Revision to Employee Policy Administrator Vogt recommended a revision in this voluntary termination period from 5 days to 10 days notice. -2- MINUTES 4It MONDAY, MAY 9,' 1988 PAGE 3 4It CONSENT AGENDA - CONTINUED Acceptance of Utilities - Waterford 2nd Addition Engineer Norton has recommended acceptance of the sanitary sewer, watermains and stormwater drainage facilities in Water ford 2nd Addition. Haugen moved, seconded by Gagne, to approve the items listed on the Consent Agenda. Motion carried and Resolution adopted by Roll Call Vote - 5 ayes. BAYWOOD SHOPS - PLANNED UNIT DEVELOPMENT - CONCEPT APPROVAL CONTINUATION Mr. Dick Dreher of Dreher & Associates returned to continue discussion on his conceptual approval for a mini shopping center. Haugen stated that she was unable to contact the proper authority to discuss the issue of gas pumps in connection with the proposed Tom Thumb store. Mr. Dreher did speak to the President of Tom Thumb and he stated that he was not interested unless the gas pumps were included with the new store. Gagne has reconsidered his objection to the gas pumps stating that the use is approved within the zoning district. Haugen's only objection was a concern of pollution by allowing additional gas tanks to be installed. Gagne moved, seconded by Stover, to recommend approval of the concept plan and direct the staff to draft a Resolution stating all conditions as recommended. Motion carried - 5 ayes. SETBACK VARIANCE - 5405 SHADY ISLAND ROAD RESOLUTION NO.39-88 Mr. Bert Monten was present to request a side yard setback variance for an addition to a garage and second level living space that was built without a building permit. He needs a 2' variance on the side because the building is only 8' from the property line. Stover stated that the Planning Commission concerns were of erosion control along a retaining wall on the property line, and the lack of a building permit. They recommended approval of the variance of an 8' setback on one side and maintain a 22' setback on the other side and to include the retaining wall to protect Lot 30 from drainage. Mr. Monten got together with his neighbors and he will extend the wall to follow the drainage and add full trees for a buffer. Stover moved, seconded by Haugen, to approve the variance subject to the conditions set by the Planning Commission. Motion carried by Roll Call Vote - 5 ayes. COMPREHENSIVE PLAN AMENDMENT DENIAL - EXCELSIOR FARM & GARDEN STORE Attorney Gary Thompson represe'nted Ken Strausser from the Excelsior Farm and Garden Store in his request for a comprehensive plan amendment in order to rezone the property at 6020 Chaska Road for Commercial use. Donald Busksbaum owner of the property, feels that the Farm and Garden store is a compatible use for this area. -3- MINUTES MONDAY, MAY 9; 1988 PAGE 4 . . COMPREHENSIVE PLAN AMENDMENT DENAIL - EXCELSIOR FARM & GARDEN STORE - CONTINUED A petition has been submitted and signed by most of the area neighbors in favor of the Farm and Garden store. He doesn't feel the location of this lot is good for residential use being located between the highway and next to an office building. The setbacks will be complied with. Mike Marr of 6015 Chaska Road spoke in favor of the Farm and Garden store use, but expressed his concerns at what type of business use could be put in the C-3 zone if the Farm and Garden store discontined their use. Haugen asked if this crossing was affected by the corridor study. Vogt stated that this crossing was not on the list for closure. Stover reported that the Planning Commission voted 5-0 to deny the comprehensive plan amendment. They felt that the existing commercially zoned area should be developed first. They were opposed to strip commercial along Highway 7. They were also opposed to commercial being in between residential and commercial and residential. Stover moved, seconded by Brancel, to accept the Planning Commissions recommendation to deny the comprehensive plan amendment as requested. Motion carried - 5 ayes to deny. CONDITIONAL USE PERMIT REQUEST - PROPULSION ENTERPRISES Mr. Wayne Warnke was present to make his request for a conditional use permit to operate a business at 24470 Smithtown Road. This site will be shared with the present Dick Moore Auto Sales lot which is operating under a conditional use permit. The Planning Commission has recommended approval of this request subject to the Planners recommendations listed in his April 29, 1988 staff report. The issue of paved and curbed parking areas and added landscape as opposed to no fencing was discussed. The added landscape was agreed upon with Mr. Hinkley, the owner of the apartment building to the west. Nielsen stated that the signage requirement can be met by simply cutting off a portion of the bottom of the existing sign. Haugen moved, seconded by Stover, to direct the staff to prepare a detailed Resolution listing all conditions listed in Nielsen's staff report of April 29, 1988 omitting the fencing requirement. Motion carried - 5 ayes. SOUTH FORTY ADDITION RECONSIDERATION APPROVAL Nielsen has received a new plan that resolved many of the previous issues. He has recommended that the plan be submitted for public hearing on June 7, 1988. Mr. Pokorny has agreed to cover expenses over his original application fees if that is expended. -4- MINUTES 4It MONDAY, MAY 9,;1988 PAGE 5 4It d~A-JJ SOUTH FORTY ADDITION RECONSIDERATION APPROVAL - CONTINUED Brancel moved, seconded by Gagne, to r~~dCr the preliminary plat denial and direct a public hearing to be set for June 7 with the Planning Commission. Motion carried - 5 ayes. SMITHTOWN CIRCLE - DEVELOPMENT AGREEMENT RESOLUTION NO.40-88 A development agreement was submitted governing the installation of a street and utilities in Smithtown Circle. Froberg noted some name changes to William Diem in the development agreement. Engineer Norton has a pre-construction meeting scheduled for Tuesday, May 10, on this project. Attorney Froberg asked the Council to consider a Resolution authorizing the Mayor and Clerk to sign and enter into the development agreement with Mr. Deam. Haugen moved, seconded by Stover, to approve a Resolution authorizing entering into a development agreement for Smithtown Circle. Motion carried - 5 ayes by Roll Call Vote. WATER USE AND SERVICE CODE AMENDMENT - 1st READING A revision water use ordinance was submitted for approval. Vogt stated that the staff has reviewed this code and made many house keeping corrections and updates to meet plumbing codes. Haugen asked about going to a monthly water billing procedure. Staff did not feel that was advisable at this time. Council asked for a clarification to section 903.15 regarding access to buildings. Also section 903.05 will be revised to allow for outside hose bibs to be connected to municipal water when dual systems are available. Haugen moved, seconded by Gagne, to accept the 1st reading of the code agreement and direct that it be returned for a 2nd reading with recommended changes. Motion carried - 5 ayes. DISCUSSION OF TRAPPING CODE AMENDMENT Attorney Froberg submitted a code amendment to the Trapping Ordinance that would allow leg hold traps under Council licensing guidelines. Jane Kline urged the Council not to approve the trapping code amendment. She submitted a packet of information that suggested alternatives to trapping to control the damage done by the beavers. She also submitted a petition signed by 100+ people opposing the use of the leg hold trap. She asked that the Council delay taking action on this amendment until alternative solutions can be studied. Jeff WilLis, a wild life bioligist has studied the problems caused by beavers and feels that Ms. Klines alternatives can work, also live traps can be used to relocate the animals in an area along the river that may be better suited for them. -5- MINUTES , MONDAY, MAY 9,> 198 PAGE 6 . DISCUSSION OF TRAPPING CODE AMENDMENT - CONTINUED Gary Hertzberg of 27475 Maple Ridge Lane spoke in favor of alternative methods. He stated that he has reported shooting of firearms to the police in his area. He feels the City should make a better attempt to solve this problem in a more humane manner. Tom Moll is not in favor of killing the beaver they just wanted to eliminate the damage the beavers were doing. He was not aware of alternative solutions to handle the problem. He felt the DNR would help take care of the problem but nothing was done and no solutions were offered. The residents will try to restore the channel at their own expense, but he feels the wrapping of all the trees will be too expensive. He would like to see the Council pass this amendment and look into alternative solutions if so directed by Council. Haugen moved, to table action for further study and establish a Committee to work with the neighbors for a solution. Brancel asked for an amendment to the motion that would include a time limitation. Haugen offered a six month time limit. Motion was denied - 2 ayes (Haugen and Stover) to 3 nays. Brancel moved, seconded by Gagne, to place a 60 day limitation on the tabling of action. Motion carried - 5 ayes. Haugen moved, seconded by Brancel, to appoint Jane Kline as the head of the study committee to solve the beaver problem with Gary Hertzberg, Tom Moll and Biologist Jeff Willis as its members. Motion carried - 5 ayes. COUNCIL BREAK - 9:24 to 9:30 p.m. CONDITIONAL USE PERMIT AND VARIANCE REQUEST - MARCUS DEVELOPMENT CORPORATION Mark Senn of Marcus Development Corporation was present to represent YES Properties Partnership in their proposal for a auto service center and small convenience store located at the Southeast corner of the County Road 19/5mithtown Road/Country Club Road intersection. This is down scaled proposal from the one submitted last summer. An additional small fast food service building will also be proposed for this site. The request for a second access on County Road 19 has been eliminated and the setbacks will be met except in the rear lot line. They are opposed to dedication of 17' for road right-of-way along Country Club Road but they are willing to grant an easement to the City. Stover stated that the Planning Commission did recommend approval of the request subject to Planners recommendations, 17' road right-of-way dedication, and conditions to be set on the Naegele billboard. Staff does feel that the road easement would be acceptable as long as setbacks are measured from the easement. -6- MINUTES ~ MONDAY, MAY 9, 1988 PAGE 7 . . CONDITIONAL USE PERMIT AND VARIANCE REQUEST - MARCUS DEVELOPMENT CORPORATION - CONTINUED Mr. Senn has a problem with fence and landscaping the rear portion of the property because the snow stacking was planned for that area and it will damage the fence and any landscaping that would be planted. He feels the public works building is a buffer. The Planning Commission recommended relocation of the eastern billboard. Mr. Senn would like to be able to negotiate with Naegele to relocate the sign and replace it with a new style sign of the same size. The sign currently attached to the building will be removed and not replaced. The other sign will remain until the term of the lease expires in 2010 which includes their right for a 10 year extension. Haugen suggested that if the City allowed the moving of the sign on the condition that Naegele did not exercise the 10 year lease extension. Stover would like to see detailed restriction listed and complied with regarding the relocation of that sign. Council reviewed their proposed access plan for traffic flow from County Road 19 and Country Club Road. The fast food store design will be determined by whom ever leases the property. Nielsen recommended the Council to direct the staff to prepare a Resolution and/or a development agreement listing all required conditions and restrictions for the bill board sign. This would include only conceptual approval of the fast food operation. Gagne moved, seconded by Brancel, to direct the staff to draw a development agreement listing all conditions recommended by the Planning Commission and Planners report of April 27, 1988 and include 17' easement on Country Club Road, relocation dfsign and rebuilding the sign of the same size and height as exists. Motion carried - 5 ayes. AMEND AGENDA Rascop would like to amend the agenda to hear item #18A - Miesen Building Permit at this time. MIESEN BUILDING PERMIT STATUS Nielsen reviewed the original request from Mr. and Mrs. Miesen to add a second story and a new garage with removal of existing garage at 5560 Shore Road. Builder Jim Carroccio met with Nielsen to discuss replacement of 85% of substandard footing and foundation discovered after tests were done. Nielsen did approve to replace the substandard footings in order to comply with the required code. The floor joist was also found to have dry rot, so flooring replacement was approved. Nielsen did understand that the exterior walls were to remain. The builder felt the only thing that he needed to do was maintain the foot print of the existing structure. Mr. Carroccio stated that the walls came down due to a misunderstanding. Nielsen put a "stop work -7- MINUTES MONDAY, MAY 9, 1988 PAGE 8 . . MIESEN BUILDING PERMIT STATUS - CONTINUED order" on the house and the Miesen's are now asking permission to resume work. Mrs. Miesen stated that she has been working with Mr. Nielsen since the beginning of the project and she questioned her builders interpretation of what was allowable under her building permit. Attorney Froberg stated that the Council had two options available to them. One, they could determine that the existing block was an existing structure and instruct the building official to issue a permit to add to that structure or they could instruct the Miesen's to reapply for thier variances and permit. Nielsen stated that this lot doesn't have a site on it that could comply with set backs. The Council would need to issue the same variance as they previously did if Miesen's were required to reapply. Mr. Carroccio took full responsibility for the misunderstanding and would like to continue the project for the Miesen's benefit and the benefit of the neighborhood. Council discussed the definition of "structure" and Nielsen felt that what was remaining is a "structure". A Resolution has already been passed that states the condition of the variances granted. Rascop asked if there was a demolition permit issued. Nielsen stated that a permit was not issued in conjunction with a building permit. Nielsen also stated that he gave additional permission to expand the basement area within the confines of the footing print to allow for an inside stairway access to th~ ~:~h~ical room. Haugen moved, to allo~~en to rebuild their house on the same foot print as remains underAstaff inspections, Gagne seconded for discussion. Rascop offered an amendment to remove the deck approval that was granted as a variance, 40 1/2' to the lake. The amendment was not supported. Stover confirmed that this action is still subject to the 5 variances already granted. She supports the need for strict inspection requirements with any added costs to be borne by the contractor. Rascop doesn't feel that a.structure exists and a permit should be required for new construction. Motion carried to allow construction of the building, as originally issued - 4 ayes to 1 nay (Rascop). Rascop would like an Ordinance drawn to require licensing of all contractors with conditions to deal with violators- who work without obtaining a permit. Mr. Miesen apologized to the Council for the problems that this has caused and thanked them for their time. -8- MINUTES ~ ~ MONDAY, MAY 9,;1988 PAGE 9 RESTRICTION OF THE USE OF MOTOR VEHICLES - ORDINANCE #209 IN THE WETLAND AREA Council reviewed the Ordinance Amendment and amended Subd. 3 of Sec. 1. Gagne moved seconded by Haugen to accept the first reading of the Ordinance as amended, waive the second reading and adopt the Ordinance Motion, carried by Roll Call Vote - 5 ayes. ATTORNEYS REPORT Findings of Fact - Strawberry Fields Denial of Comp Plan Amendment RESOLUTION NO. 41-88 Gagne moved seconded by Brancel to accept the Findings of Fact denying the Compo Plan Amendment for Strawberry Fields, as amended. Motion carried by Roll Call Vote - 5 ayes. Findinqs of Fact - Rezoning Denial - Strawberry Fields RESOLUTION NO. 42-88 Gagne moved seconded by Brancel to accept the Findings of Fact denying the rezoning of Strawberry Fields as submitted. Motion carried by Roll Call Vote - 5 ayes. Finding of Fact - Denying Rezoning - Westlawn III RESOLUTION NO. 43-88 Gagne moved seconded by Brancel to accept the Findings of Fact denying the rezoning for Westlawn III. Motion carried by Roll Call Vote - 5 ayes. City Manager Information Council would like this information submitted in writing to review at a later date. Bayswater Road Litiqation Stover requested an Executive session be held to discuss this following the completion of this meeting. ENGINEERS REPORT 1988 Street Project #88-1 - Preparation of Plans and Specifications and Authorize Advertisement For Bids Engineer Norton submitted a recommended list of streets to be included in the 1988 street improvement project. His total estimated cost for these streets is $193,000.00, the budgeted amount is $200,000.00. -9- MINUTES ~ MONDAY, MAY 9, 1988 PAGE 10 ~ ENGINEERS REPORT - CONTINUED Council asked if any of these streets were also to be televised and would they need to be torn up if problems were found. Norton stated that the pipes will be repaired from the inside requiring no street excavation. Enchanted Lane is the only road affected by both projects and it will be televised prior to road repair. Rascop asked Engineer to check P.V.C. pipe protruding through the tar near the bridge. Gagne moved seconded by Stover to direct the Engineer to draw plans and specifications and authorize him to advertise for bids for the 1988 street project. Motion carried - 5 ayes. Freeman Park Waterlines Engineer Norton has drawn plans for the waterline extensions into Freeman Park. Widmer, Inc. has estimated a cost of install- ation at $16,940.00 for Plan A & B. An additional line to the center of the ballfield with a hydrant would increase the total project cost to $31,960.00. Additional Class 5 is needed for parking lots and lime is needed for infield also. Norton recommends that the projects be combined and advertise for bids. The current project plans for seeding should be postponed. Vogt and Niccum supplied information on available park funds to pay for these improvements. Vogt feels the fund is $7,600.00 short and recommended that they obtain a short term loan from the sewer fund in order to complete the project. Gagne moved seconded by Brancel to authorize the expenditure and allow the park fund to go into a deficit balance if necessary, as recommended by Beck. Motion carried - 5 ayes. PLANNERS REPORT McKinley Place 5th Addition - Grading Permit Request Norton has reviewed the plan and discussed it with Pflaum's Engineer. He has concerns regarding the slope and driveway accessibility for Lots 9 and 12. Norton would like to see individual building pads located and how they are to be serviced, also how that will effect surrounding lots. Mr. Pflaum will return with additional detail. Division Street Rezoning Request A public hearing to hear the rezoning request for Division Street will be held by the Planning Commission on June 7, 1988. FINANCE DIRECTOR REPORT Line item financial statements should be in the mail this week for the first quarter. The audit is progressing. The audit review is scheduled for May 24th at 7:00 p.m. -10- . . MINUTES ~ MONDAYr MAY 9~ 1988 PAGE 11 ~ FINANCE DIRECTOR REPORT - CONTINUED The new software will allow for more detailed check lists in the future. 1 Rascop requested a list of investments and their rate of return. ADMINISTRATIVE REPORT RESOLUTION NO. 44-88 Award 1988 Sewer Maintenance Work Two bids were received and opened on Friday, May 6r 1988. Staff recommends awarding the bid to Visu-Sewer Clean and Seal, Inc. in the amount of $34,805.00. Most of this work will be done on the islands sewer lines. They have already located a 30 gallon a minute leak which could be equal to 150 REC connections when repaired. Visu-Sewer would like to use this area as a case study. Gagne moved seconded by Stover to award the bid to the lowest bidder, Visu-Sewer Clean and Seal, Inc. for $34,805.00. Motion carried by Roll Call Vote - 5 ayes. Request for Dental Plan The employees have asked to be enrolled in a dental plan at their own expense if necessary. Delta Dental and the League provide plans that require that the employer pay for the plan. Rascop feels the City can make a payroll deduction and submit one check to pay for the coverage. Vogt will return with additional information on participation, cost and providers. Secretary/Receptionist Vacancy Shelly Quaas has submitted her resignation effective May 17, 1988. An "exit interview" will be held that day by Vogt. A temporary will be brought in for training and will remain until someone is hired. Vogt questioned starting salary. Council did not suggest salary but encouraged the hiring of a qualified person. The bookkeeper will also be out for some time due to surgery. MAYOR REPORT LMCD The LMCD met with the Systems Committee of the Metro Council this past week. Lake Minnetonka Week at Canterbury Downs A week has been designated as Lake Minnetonka Week in May. Two free tickets will be sent to residents around the lake. Arrangements have been made to use the Turf Club, reservations are needed. Hennepin County Water Board The Hennepin County Water Board is looking for a new appointment. Recycling Rascop expressed disappointment in Super Cycle for not picking up his recyclables. -1],.- Il!~ . " MINUTES ~ MONDAY, MAY 9~ 1988 PAGE 12 ~ COUNCIL REPORTS Meeting Time Limitation Gagne suggested that future Council meetings go no later than 11:00 p.m. even if the meetings have to be held every Monday evening. Haugen suggested study meetings for the first and third Monday. Rascop recommended a 15 item agenda and other items to be held over to the next agenda. City Ward Systems The Council was asked to consider the dividing up of the City into Wards with elected council members to come from each of the Wards. EXECUTIVE SESSION The Council went into Executive session to discuss the Bayswater Road litigation at 12:02. APPROVAL OF CLAIMS AND ADJOURNMENT Gagne moved seconded by Haugen, to adjourn the Regular Council meeting of Monday, May 9, 1988 at 12:12 a.m. (May 10, 1988), subject to approval of payment of claims. Motion carried - 5 ayes. GENERAL AND LIQUOR FUNDS - Acct. No. 00-001~6-02 Checks #052907-052998 General $ 49,882.53 Liquor $ 43,506.40 Payroll Checklist: Checks #202079-202116 Total $ 11,155.21 $ 61,037.74 $ 2,746.39 $ 46,252.79 RESPECTFULLY SUBMITTED, Robert Rascop, Mayor Sandra L. Kennelly City Clerk -12- . . GENERAL & LIQUOR FUNDS-BILLS PAID SINCE MAY 03, 1988 CHECK NO. TO WHOM PAID PURPOSE AMOUNT $ 135.00 10.00 1,447.30 232.37 18.00 35.00 44.45 2,226.94 192.80 1,443.19 3.390.20 280.20 3,660.61 2,262.70 2,237.95 301. 59 257.52 188.00 238.97 1,472.37 1,137.80 195.94 108.00 7,960.50 42.46 8.03 960.24 4,533.75 1,419.31 552.00 81.00 11 7 .00 145.00 052907 (G) 052908 (G) 052909 (G) 052910 (G) 052911 (G) 052912 (G) 052913 (G) 052914 (L) 052915 (L) 052916 (L) 052917 (L) 052918 (L) 052919 (L) 052920 (L) 052921 (L) 052922 (L) 052923 (L) 052924 (L) 052925 (L) 052926 (L) 052927 (L) 052928 (L) 052929 (L) 052930 (L) 052931 (G) 052932 (G) 052933 (G&L) 052934 (G&L) 052935 (G&L) 052936 (G) 052937 (G) 052938 (G) 052939 (G) 052940 (G) 052941 (G) 052942 (G) 052943 (G) 052944 (G) 052945 (G) 052946 (G) 052947 (G) 052948 (G) 052949 (G) 052950 (G) 052951 (G) 052952 (G) 052953 (G) 052954 (G) 052955 (G) Ameridata Metropolitan Area Mnagement Ms Andy Shear U.S. Postmaster Public Employees Retirement Minnesota City Management Gab Business Services Bellboy Corporation Coca Cola Bottling Co. Day Distributing Co East Side Beverage Co Franks Trucking Griggs, Cooper & Company Johnson Brothers Wholesale Mark VII Minnesota Bar Supply National Guardian North Star Ice Northern States Power Co Ed. Phillips & Sons Pogreba Distributing Inc Quality Wine & Spirits Sparking Lines Thorpe Distributing Co Ev Beck Jean Sorensen Commissioner of Revenue The Bank of Excelsior Public Emp1yees Retirement ICMA Retirement Corp ASCME Local 41224 City County Credit Union Child Support Enforcement Acro-Minnesota, Inc American Linen Supply Ameridata Earl F Andersen & Assoc Associated Asphalt, Inc Bob's Personal Coffee Serv Boyer Trucks Boym Equipment Inc Chanhassen Lawn & Sports Chapin Publishing Co Chaska Parts Service City of Excelsior City of Tonka Bay General Comminications, Inc Jim Hatch Sales Co Hennepin County Lotus 1-2-3 Training (Fin) MAMA Lunch (Adim) Building Permit Refund Postage Uti1itie Billing Additional Life Ins 88-89 Memebership Dues-Admin Reimbursement water problems Liquor Purchases Soda Purchases Beer/Misc Purchases Beer Purchases Liquor/Wine Purchases Liquor/Wine Purchases Wine Purchases Beer Purchases Misc Purchases Alarm System Misc Purchases Utilities Liquor/Wine Purchases Misc/Beer Purchases Liquor/Wine Purchases Pumps Repaired Beer Purchases Mileage-Fin Mileage-Fin Payroll 5/11/88 Payroll 5/11/88 Payroll 5/11/88 Payroll 5/11/88 Union Dues May Payroll 5/11/88 Credit Union Payroll 5/11/88 Child Support Computer Furniture-Gen 175.41 Office Supp1ies-Gen 94.80 Laundry-City Hall 19.20 Laundry-Garage 298.82 Dual Sheet Feeder-Gen Supplies -Traffic Control Redit-Mix Asphalt Coffee/Filters 8 Foot Box Liner Supplies-PW Supplies-PW Advertising Supplies-PW Water Billing 1st Qtr Water Billing 1st Qtr Install Radio Supplies-PW Board and Room March State Fed & PERA ICMA Tax Fica Tax -1- 270.21 318.02 650.00 1,522.50 474.71 111. 00 119 . 00 106.42 5.55 62.05 308.29 1,394.36 499.64 183.29 825.15 122.00 . . GENERAL & LIQUOR FUNDS-BILLS PAID SINCE MAY 03. 1988 CHECK NO. TO WHOM PAID PURPOSE AMOUNT $ 380.00 1,283.01 57.50 1,092.68 159.50 11.43 4,175.00 1,950.63 052956 (G) 052957 (G) 052958 (G) 052959 (G) 052960 (G) 052961 (G) 052962 (G) 052963 (G) 052964 (G) 052965 (G) 052966 (G) 052967 (G) 052968 (G) 052969 (G) 052970 (G) 052971 (G) 052972 (G) 052973 (G) 052974 (G) 052975 (G) 052976 (G) 052977 (G) 052978 (G) 052979 (L} 052980(L) 052981 (L) 052982 (L) 052983 (L) 052984 (L) 052985 (L) 052986 (L) 052987 (L) 052988 (L) 052989 (L) 052990 (L) 052991 (L) 052992 (G) 052993 (G) 052994 052995 (G&L) IBM Corporation H. C. Mayer & Sons John Me1dah1 Mid-Amerca Supply Minnegasco, Inc Minnesota Suburban News Munitech, Inc New World Systems Northern States Power Northwestern Bell Orr-Sche1en-Mayeron Tessman Seed & Chemical Xerox Corporation Midwest Asphalt Corp Super Cycle, Inc Artworks The Chippewa Corp Feed-Rite Controls Inc Kar-Products Northern States Power Co Froberg & Penberthy Weekly News, Inc Postmaster Bellboy Corp Midwest Coca-Cola Day Distributing East Side Beverage Ed. Phillips & Sons Griggs, Cooper & Company Johnson Brothers Wholesale Mark VII Distributors Minnesota Bar Supply Pepsi-Cola Minneapolis Pogreba Distributing Quality Wine & Spirits Royal Crown Beverage Pryor Rescources Robert Mason Homes Void Minnesota Mutau1 Life Software-City Hall (Query) Fuel April Patrs-PW Water Meters Utilities April Assessment Notice Service Water & Sewer Expenses/Service April Utilities-City Wide 862.84 Utilities-Parks 12.75 Utilities-City Wide Development 587.25 On Going Dev 2030.92 General 4798.51,PCI 2624.60 Shorewood Oaks 1273.50 Amesbury Well 1167.75 Sewer 816.75 Grass Seed-Parks Maintenance-City Hall Limestone Recycling Service April Supplies-Planning B1ackDirt-Parks Container Charge Supplies-PW Utilities On going 100.00,Deve1 560.00 Prosecution 1635.00,Retainer 250.00 Litigations 1700.00 General 2007.00,House 6.00 Ads-General 11.40,On going 38.48 Development 97.28 Postage meter Wine Purchases Pop Purchases Beer Purchases Beer Purchases Liquor Purchases Liquor/Wine Purchases Liquor/Wine Purchases Beer/Pop Purchases Cigarette/Misc Purchases Pop Purchases Beer Purchases Liquor/Wine Purchases Pop Purchases Seminar-Admin Refund Difference Permit Accider.1& Health Ins -2- 875.59 317.36 13,299.28 895.00 66.00 216.55 602.00 18.35 580.00 20.00 46.24 67.15 6,258.00 147.16 750.00 918.75 193.70 2,177 .38 3,232,45 189.14 2,442.08 176.19 1,547.25 338.27 218.20 2,267.15 1,169.40 116.56 98.00 150.60 132.24 . . GENEAL & LIQUOR FUNDS-BILLS PAID SINCE MAY 03, 1988 CHECK NO. TO WHOM PAID PURPOSE AMOUNT 202079 Void 202080 (G) Robert Rascop Mayor $ 200.00 202081 (G) Janice Haugen Counci1member 126.32 202082 (G) Barbara Brance1 Counci1member 147.82 202083 (G) Robert Gagne, Jr Counci1member 150.00 202084 (G) Kristi Stover Counci1member 150.00 202085 (G) Daniel Vogt 80 Reg Hrs 1,000.54 202086 (G) Sandra Kennelly 80 Reg Hrs 744.59 202087 (G) Susan Niccum 80 Reg Hrs 483.30 202088 (G) Shelly Quaas 80 Reg Hrs 401.59 202089 (G) Evelyn Beck 80 Reg Hrs 690.63 202090 (G) Jean Sorenson 80 Reg Hrs 534.38 202091 (G) Gail Redpath 80 Reg Hrs 464.24 202092 (G) Bradley Nielsen 80 Reg Hrs 851.53 202093 (G) Patricia he1gesen 80 Reg Hrs 629.30 202094 (G) Bradley Neilsen Motor Vehicle 127.67 202095 (G) Charles Davis 80 Reg Hrs 10.50 O.T. 505.94 202096 (G) Dennis Johnson 80 Reg Hrs 620.74 202097 (G) Daniel Randall 80 Reg Hrs 5.00 O.T. 686.34 202098 (G) Howard Stark 80 Reg Hrs 2.00 On Call 550.68 202099 (G) Ralph Weh1e 80 Reg Hrs 503.88 202100 (G) Donald Zdrazil 80 Reg Hrs 853.33 202101 (G) Joseph Lugowski 80 Reg Hrs 10.50 O.T. 732.39 202102 (L) Russell Marron 80 Reg Hrs 499.17 202103 (L) Robert Nash 4 Reg Hrs 17.70 202104 (L) Christophe Schmid 48.50 Reg Hrs 179.19 202105 (L) Donald Thara1son 8.50 Reg Hrs 43.78 202106 (L) Jeffrey Dewitt 36 Reg Hrs 144.72 202107 (L) John Thompson 16 Reg Hrs 74.00 202108 (L) Bob Gunderson 15 Reg Hrs 66.52 202109 (L) John Josephson 24 Reg Hrs 108.36 202110 (L) William Josephson 80 Reg Hrs 567.22 202111 (L) Susan Latterner 24 Reg Hrs 103.83 202112 (L) Dean Young 80 Reg Hrs 501.27 202113 (L) Scott Bennyhoff 54 Reg Hrs 236.82 202114 (L) Scott Bartlett 43 Reg Hrs 185.09 202115 (L) James She11edy 4 Reg Hrs 18.72 202116 Void Total Liquor 2,746.39 ~ Total General 11,155.21 Total 13,901. 60 Total Liquor 46,252.79 Total General 61,037.74 Total 107.290.53 -4- - ~ \. APPLICATION AND CERTIFiCATE FOR PAYMENT AlA DOCUMENT G702 APPLICATION NO: 5 \,J (Instructions on reverse side) t:-t ;~ PAGE ONE OF 2 PAGES (J \ .J Distribution to: ~ o ARCHITECT o CONTRACTOR o o PROJECT: Addition and Remodel TO (OWNER): City of Shorewood 5755 Country Club Road Shorewood, Mn 55331 FROM (CONTRACTOR): Zastrow-Nasset Const. Inc. VIA (ARCHITECT): 6050 Lake Virginia Drive Shorewood, MN 55331 CONTRACT FOR: General Construction CONTRACTOR'S"APPLICATION FOR PAYMENT . CHANGE ORDER SUMMARY Change Orders approved in ADDITIONS DEDUCTIONS previous months by Owner $5,528.00 TOTAl. Approved this Month Number Date Approved . TOTALS 0.00 0.00 Net chan~e bv Chan~e Orders $5,528.00 . The undersigned Contractor certifies that to the best of the Contractor's knowledge, information and belief the Work covered. by this Application for Payment has been completed in accordance with the Contract Documents, that all amounts have been paid by the Contractor for Work for which previous Certificates for Payment were issued and payments received from the Owner, and that current payment shown herein is now due. Inc. io/~f " Date: By: T'S C IFICATE FOR PAYMENT In accordance with the Contract Documerits, based on on.site observations and the data comprising the above application, the Architect certifies to the Owner that to the best of t~e Architect's knowledge, information and belief. the Work has progressed as indicated, the quality of the Work is in accordance with the Contract Documents, and the Contractor is entitled to payment of the AMOUNT CERTIFIED. AlA DOCUMENT G702 . APPLICATION AND CERTIFICATE FOR PAYMENT. MAY 1983 EDITION · AlA. · C 1983 THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW. YORK AVENUE. N.W.. WA5HINGTON. D.C. 20006 PERIOD TO: 04/30/88 ARCHITECT'S PROJECT NO: 87150 CONTRACT DATE: 12/7/87 Application is made for Payment, as shown below, in connection with the Contract. Continuation Sheet, AlA Document G103, is attached. E 0 S Architects 684 Excelsior Blvd Excelsior, Mn 55331 126,705.00 5,528.00 132,233.00. 1'31. 178~ 00 1. ORIGINAL CONTRAp- SUM............... .......:. S 2. Net change by Change Orders .........:........... S .3. CONTRACT SUM TO DATE (line 1 :!: 2) .............. S 4. TOTAL COMPLETED & STORED TO DATE.. . . . . . . . . .. S (Column G on G703) S. RETAINAGE: a. -5... % of Completed Work ~ (Column 0 + E on G703) b. -5.. % of Stored Material S . (Column F on G103) Total Retainage (line 5a + 5b or Total i.n Column I of G703) ..................... $ 6. TOTAL EARNED LESS RETAINAGE ................... $ (line 4 less line 5 Total) 7. LESS PREVIOUS CERTIFICATES FOR PAYMENT (line 6 from prior Certificate).. . . . .... S 8. CURRENT PAYMENT DUE ...................... .... $ 9. BALANCE TO FINISH, PLUS RETAINAGE . . . . . . . . . . . .. S (line 3 less line 6) State of: ""-\ C\t'\e.~~ County of: \\e.f'lf\~\ n Subscribed and ~rn to beff~e this 'd,q-\-" day of ~~.-~ t Notary Public: o,,! \. 0 ) 1\. \ ~ My Commission ex ires:. ~ AMOUNT CERTIFIED......................... (Attach explanation if amount certified differs f" ARCHITECT: ~- 7' By, (MO~rWEMl- Date, '5liC{l>& Thi rtificate is not negotiable. The AMOUNT CERTIFIED is payable only to the Contractor named herein. Issuance, payment and.acceptance of payment are without prejudice to any rights of the Owner or Contractor under this Contract. 6~t}t}8.qO 0.00 firt1t1A.QO 1?4,fi19.1() 1?1,5A3.A5 3 Jl35 ?5 7 ;:;1'2; Q() G702.1983 . c . \ .~ " CONTINUATION SHEET -..) AlA Document G702, APPLICATION AND CERTIFICATE FOR PAYMENT, containing Contractor's signed Certification is attached. In tabulations below, amounts are stated to the nearest dollar. Use Column I on Contracts where variable retainage for line items may apply, AlA DOCUMENT G703 (Instructions on reverse side) '. APPLlCATI(,~ NUMBER: 5 . APPLICATION DATE: 04/30/88 PERIOD TO: 04/30/88 ARCHITECT'S PROJECT NO: 87150 PACtS PACt 2 <>2 A B C D E F C H I ITEM DESCRIPTION OF WORK SCHEDULED WORK COMPLETED MATERtALS TOTAL "" BALANCE RETAINAGE NO. VALUE FROM PREVtOUS THIS PERIOD PRESENTLY COMPLETED (G+C) TO FINISH STORED ,AND STORED (C-C) APPLICATION (NOT IN TO DATE (D+E) D OR E) (D + E + F) P0610 Performance Bonds 3141.00 3141.00 0.00 0.00 3141.00 100 0.00 157.05' D2200 Earthwork 12000.00 12000.00 0.00 0.00 12000.00 100 0.00 600.00 i D2480 Landscaping 3653.00 2573.00 0.00 0.00 2573.00 70 1080.00 128.65 D3310 Concrete 13030.00 13030.00 0.00 0.00 13030.00 100 0.00 651.50 )5120 Structural Steel 1378.00 1378.00 0.00 '0.00 1378.00 100 0.00 68.90 )61 00 Rough Carpentry 26665.00 26665.00 0.00 0.00 26665.00 100 . 0.00 1333.25 )6170 Prefab. Structural Wood 3439.00 3439.00 0.00 0.00 3439.00 100 0.00 171.95 )6400 Architectural Woodwork 2825.00 2825.00 0.00 0.00 2825.00 100 0.00 141 .25 :>7100 Waterproofing 690.00 690.00 0.00 0.00 690.00 100 0.00 34.50 )7200 Insulation 1006.00 1006.00 0.00 0.00 1006.00 100 0.00 50.30 )8100 Metal Doors and Frames 3438.00 3438.00 0.00 0.00 3438.00 100 0.00 171.90 )8520 Aluminum Windows 2953.00 2953.00 0.00 0.00 2953.00 100 0.00 147.65 )9250 Gypsum Wallboard 6870.00 6870.00 O~OO 0.00 6870.00 100 0.'00 343.50 ~9300 Tile 1565.00 1565.00 0.00 0.00 1565.00 100 0.00 78.25 D9680 C~rpeting 4270.00 3075.00 1195.00 0.00 4270.00 100 0.00 213.50 ~9900 Painting 3960.00 2960.00 1000.00 0.00 3960.00 100 0.00 ' 198.00 5000 Mech./Plumbing/HVAC 17820.00 17820.00 0.00 0.00 17820.00 100 0.00 891 .00 6000 Electrical 8975.00 9000.00 0.00 0.00 9000.00 100 -25.00 450.00 ~9000 Profit & Overhead 14555.00 13555.00 1000.00 0.00 14555.00 100 0.00 727.75 -, . - _. ..- * TOTALS * 132233.00 127983.00 3195.00 0.00 131178.00 99 1055.00 . ---6558.9"0 AlA DOCUMINT C703' APPLICATION AND CERTIFICATE FOR PAYMENT' MAY 1983 EDITION · AlA. · C 1983 THE AMERICAN INSTITUTE OF ARCHITECTS, 173S NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 G703-1983 CHANGE ORDER AlA DOCUMENT G701 . ()i~lribuli(ln 10: OWNER ARCHIHCT CONTRACTOR FIELD OTHER , . Eos o o o o o 6B4 eXCELSIOR BOLLeVAFC SUTe ONE eXCELSIOR. MN\ESOTA 15~1 CORPORATIO\l le1aI4~-3291 ARCHITECTS e SPACE PLANNERS elNTERIOR DESIGNERS PROJECT: Shore~ City Hall Addition In.1me, addre~!') 5755 Country Club Road Shorewood, MN 55331 TO (ContrJctor): CHANGE ORDER NUMBER: 4 INITIATION DATE: May 24, 19M r Zastra-Nasset Construction 6050 Lake Virginia Drive L Shorewood, MN 55331 I ARCHITECT'S PROJECT NO: CONTRACT FOR: 87150 -.J CONTRACT DATE: December 7, 1987 You are directed to make the (ollowing changes in this Contract: Eliminate the Following: a. Sod at the east side of building b. Sod at the lO\\est level at the south side of the building c. Bituminous walk way along east side of building Install retaining wall at southwest corner of temis courts -$190.00 336.00 364.00 350.00 -$540 .00 :\01 vdlid unl.1 ~'~m'd h}' bolh Ihl' Ownt'r and Arc-hill'CI. ~I~n.llurl' IIf Ih(' C"lInlr.IClor inclic-.llt'~ hi~ i1/:rl'('ml'nl hl'rl'wilh. indudin,; an\' aclju~lmenl in Ihe Conlracl Sum or Cnnlr.lCl Timl'. ThcoriginaIIContractSum)~ was ........................... $ 126,705.00 Net eh.lOge by previously authorized Chiln~e Orders................................... $ 5,528.00 The (Contract Sum)~) prior to this Change Order was.......... $ 132,233.00 The IContract Suml ~ will be ~ (decreased)~) by thi!; Chilng(' Order ......................................................... s 540.00 The new (Contr.let Sum'~) including this Change Order will be... $ 131,693.00 The Contract Time will be~) {unchangedlby ( ) Days. The Dilte of Sub~t.lOtial Completion as of lhe dale of this Chanl-te Order therefore b February 22, 1988 Authorized: City of Shorewood ~'f~RCountrv Club Road ^ddrl'~s Shorewood, MN 51)331 EOS Cor:poration ,o)~IUl('1 4/U water Street Zastro~Nasset Construction ~;lB~~Cr:.oK J LaKe Virginia Drive "ddrl'~~ Add rl'~~ :~ DATE . 11 Shore\oXXXl, MN 51)331 BY BY DATE AlA DOCUMENT C:'01 . OIt\="G[ OKDEK . AI'KII "'711 [DillON . AI"-' /fJ '~1711 lltl "'"KIC' \ '\: ,,,.,, i 11'11 ClI. ..\KCI 1111('1<;. 17.li NI\\' YOK" \\'1'.. :-:.\\'.. W..\\III'\:C;111-":. I>.c. :!IKMlf. DATE (;701 -1978...~ :1 ~) L./ , -----" . . RESOLUI'ICN ID. A RESOLUI'ICN GRANfIOO aIDITICNAL USE PEm1ITS FeR CXJIIXDt SALES, CXJIIXDt STCEAGE, AND AUIO REPAIR '10 WAYNE WARNKE AND DIffi lVIXEE WHEREAS, Wayne Warnke, representing Propulsion Enterprises, proposes to lease a portion of a parcel of land fran Dick l\bore, who owns the entire parcel of land located at 24470 Smithtown Road in the City of Shorewood, legally described in Exhibit A attached hereto and made a part hereof; and WHEREAS, Wayne Warnke proposes to operate a propeller repair service business on the premises of the leased property, and Dick l\bore intends to continue his business of restoring and selling old cars on the remaining portion of the parcel of land, which business includes outdoor sales, outdoor storage and auto repair; and WHEREAS, such business currently requires a Conditional Use PeIDli t, pursuant to Shorewood Ci ty Code; and WHEREAS, Mr. l\bore's business existed prior to adoption of the current zoning ordinance and is therefore conducted as a nonconfoIDling use; and WHEREAS, any change in the use of land presently being used for a nonconfoIDling use requires a Conditional Use PeIDlit; and WHEREAS, Mr. Warnke and Mr. l\bore (the Applicants) have therefore applied for Conditional Use PeIDlits for outdoor sales, outdoor storage, and auto repair; and WHEREAS, the application was reviewed by the Shorewood Planning Carrnission at a Public Hearing held on 3 May 1988, and the Carrnission voted nnaniIlX>usly to reconmend approval of the application; and WHEREAS, the subject parcel of land is currently zoned C-3, General Conmercial. NlV, 'llIEREFrnE, BE IT RESOLVED by the City Conncil of the City of Shorewood as follows: FINDIOOS OF FACr 1. That land use and zoning in the area surronnding the subj ect parcel of land are as follows: :5- C~ . . North: East: South: West: undeveloped, zoned C-3 (proposed Baywood Shops project) .American Legion; zoned C-3 go I f course; zoned R-lA multiple-family residential; zoned C-3 2. That the present use of the property for outdoor sales, outdoor storage, and auto repair does not cooply with the current zoning ordinance and is therefore existing as a nonconfonning use. 3. That the Applicants' requested change in use of the property wi 11 require sane changes to bring the property into coopliance with the zoning ordinance. 4. That upon bringing the property into coopliance with the current zoning ordinance, the proposed use will be coopatible with present and future land uses of the area and be consistent with the official City Cmprehensive Plan. 5. That the proposed use will not adversely affect the general welfare, public health and safety of the coomuni ty. aN:UJSICNS That the application of the Applicants for the Conditional Use Pennits as set forth hereinabove be and hereby is granted, subject to the following conditions: 1. That outside service and sales area be limited to an area no larger than the gross floor area of the principal bui lding. 2. That the outside sales area be screened fran view of neighboring residential uses or abutting "R" districts. 3. becane an effect" the dis rea. sting trees along the west property line four to five foot fence be installed along -~--.. 4. That the Applicants subnit a lighting plan consistent with Section 1201. 03, Subd. 2i. of the Shorewood City Code. 5. That all sales areas be surfaced with crushed rock to control dust. 6. That a paved, curbed, and striped parking lot at the front of the site be constructed to accommodate twenty (20) cars. . . 7. That the surfacing, curbing, and striping of said parking lot shall be in accordance with Applicants' plan as submitted with his appl icat ion. 8. That no part of the required parking area be utilized for the parking of vehicles for sale or on display. 9. That the Applicants prepare a new drainage plan showing run-off calculations for review and approval by the City Engineer. 10. That the Applicants confine signage to the proposed signage shown in their application and in carpliance with Section 1201.03, Subd. 11 of the Shorewood Ci ty Code. 11. That all outdoor storage be confined to the area designated in the plan attached and made a part of Applicants' application. 12. That any future expansion of the exist ing bui lding on Applicants' land carply with the construction requirEments contained in Section 1201.03, Subd. 7, of the Shorewood City Code. AOOPrED BY 'lHE CI'lY <IlJNCIL of the City of Shorewood this , 1988. day of Robert Rascop, Mayor ATl'ESl' : Sandra L. Kennelly, City Clerk -~, - . . .. RESOUJrICN ID. A RESOWfICN GRANI'IOO A a:N>ITICNAL USE PER\iIT RR A PLANNED WIT DEVEWBVENr RR BAYWXD SlDPS AND APPOOVIOO '!HE GENERAL CXH:EPl' PLAN 'lHERIDF WHEREAS, Dreher Associates (the Applicant) has an interest in certain land located at 5620 and 5660 Manitou Road in the City of Shorewood, legally described in Exhibi t A attached hereto and made a part hereof; and WHEREAS, the Applicant has applied for a <:hnditional Use Pennit to establ ish a Plarmed Unit Developnent (P.U.D.) to be known as ''Baywood Shops"; and WHEREAS, Shorewood City Chde Section 1201.06 provides for the establishment of a P.U.D. by <:hnditional Use Pennit; and WHEREAS, the Applicant has cannenced procedures under Shorewood City Chde Section 1201.25, SUbd. 6, for the establishment of such P.U.D. and has subni tted a developer's booklet containing its developnent proposal; and WHEREAS, the Applicant's proposal has been reviewed by the Ci ty Plarmer, whose recannendations have been duly set forth in a Merooranchm to the Plarming Carrni ssion, Mayor and City <:huncil, dated 30 March 1988, which Mm:>ranchm is on file at City Hall; and WHEREAS, the Applicant's application was reviewed by the Shorewood Plarming Carrnission at a Public Hearing held on 5 April 1988, and the Carrnission voted unanilOOusly to recannend approval of the application; and WHEREAS, a Pub I ic Hearing was held before the Ci ty <:hunci I on 25 April 1988 after notice was duly published in the official newspaper and mailed notices sent to the adjacent property owners; and WHEREAS, Dick Dreher representing the Applicant appeared before the City <:huncil at the Public Hearing to present the P.U.D. proposal and answer questions concerning the project; and WHEREAS, the <:hunci I then reviewed the proposed developnent, the report of the City Planner, the recannendations of the City Plarming Carrnission, and the testilOOny fran the Public Hearing; and WHEREAS, the City Attorney was directed by the City <:huncil to prepare a resolution setting forth findings and conclusions approving the Applicant's request for a <:hnditional Use Pennit for a P.U.D. and approving the Applicant's general concept plan thereof. ~. I) " . . KJV, 'lHERERJm, BE IT REnNED by the City Counci I of the Ci ty of Shorewood as follows: FINDI~ OF FACr 1. That the proposed developnent cooplies with all applicable provisions of the Shorewood Ci tyCode and no variances are required. 2. ' That the said land consists of two parcels, one containing .78 acres and zoned C-3, General Qmnercial, and the other containing 6 acres, currently vacant, zoned C-3, General Carmercial, and R-1C, single-family residential. 3. That land use and zoning in the area surrounding the parcels are as follows: North: single-family residential and church, zoned R-1C; multiple-family residential, zoned P.U.D.; and vacant, zoned R-C. South: commercial and multiple-family residential, zoned C-3. West: single-family residential, zoned R-1C. 4. That the proposed developnent wi 11 be coopatible with the present and future land uses of the area and is consistent with the official City Cooprehensive Plan. 5. That the proposed developnent wi 11 not adversely affect the general welfare, public health and safety of the coomunity. 6. That the information subni tted by the Applicant in the developer's P.U.D. developnent proposal is sufficient for concept stage review and approval, pursuant to the provisions of the P.U.D. section of the Shorewood Ci ty Code. cx:NnJSIrn8 That the application of Dreher Associates for a Condi tional Use Pennit for a P.U.D. known as Baywood Shops is granted and the general concept plan thereof is hereby approved, subject to the following condit ions: 1. That the Applicant proceed with the preparation of the developnent stage plan in coopliance with the procedures for processing a P.U.D. under Shorewood City Code Section 1201.25, Subd. 6. . . 2. That the Applicant in fomnlating its developnent stage plan address each of the issues set forth in the City Planner's Metmrandun dated 30 March, 1988. 3. That the Applicant shall file the developnent stage plan within six (6) IOOnths after approval of the concept plan, together with all supporting data and filing fee, as established by City Council resolution. AOOPI'ED BY '!HE CIlY c.nN::IL of the City of Shorewood this , 1988. day of Robert Rascop, Mayor ATl'EST : Sandra L. Kermelly, City Clerk CA=04-0Q5 (8-1-76) /....-: . . APPLICATION FOR ON-SALE INTOXICATING LIQUOR LICENSE -76 ~)t>. '.v This form was prepared by the Minnesota Bureau of Criminal Ap- prehension, Department of Public Safety, pursuant to Minnesota Statutes, 1976, Section 340.13, for purposes of background in- vestigation. It does not supercede any laws, rules or regula- tions of the Division of Liquor Control regarding the issuance of liquor licenses. Failure to provide information requested may result in denial of the application. ~ Mlnnetonka Coun~rJ Club trade name Mal 3, 1988 date of application June 1, 1988 te "-1 31, 1989 licensing period 1. Type of Application: 0 New i!! Renewal M1nne~.nk. CountrJ Club A.an. In.. 2. B. Wltrak, Prea. name of applicant o Transfer 414-5222 phone 3. 21200 x.aa Lane, PO Box 218 home address Shere"oed city MR. 55331 state 4. Sept. 30, 1915 date of birth Ne" York Cltl place of birth 5. 2451$ Saithtevn Rd. PO Box 360 Excelsior, MIl. 55331 address of busines$ location 6. Au4. Sub. 133 Lot 50 et a1 legal description 7. List owners of building or premise to be licensed: - M1nne~.nka Countr7 Club A.sn., Inc. 8. Same corporate or partnership title 9. Same corporate or partnership address 10. List all partners, officers or directors, if corporation: name address date of birth PO Box 218 Exeelalep Sept. 30, 1915 B. Wltrak, Pres. R. B. Wi~rak, V.P. same Noy. 8, 1919 sk' - J , MINNESOTA DEPARTMENT OF PUBLIC SAFETY LIQUOR CONTROL DIVISION 333 SIBLEY. ST. PAUL. MN 55101 PHONE (6121 296-6159 APPLICATION FOR CLUB ON SALE RETAIL LIQUOR LICENSE This application shall be completed by an officer of the club seeking a license. The application must be filed with the City Clerk or the County Auditor together with the Bond Forms and the Proof of Liquor Liability Insurance as required by statute. To qualify for a license a club must have at least fifty mem- bers. been in continuous existence for at least three years, have an elected governing board and limit sales to members and bona fide guests only. The annual license fee is set by statute (M.S. 340A.408). Granting of a license by the city or county is discretionary. If this is a first application, attach a copy of the Articles of Incorporation or Charter. TYPE OR PRINT Corporation Name Club Trade Name or OBA CLhRI::-NCf eJ. c:) FI; J7 l:Jo '; T ~ S9 j}M~/?1 e aN f-EG-ION License Location (Street Address) License Period Business Phone ... .-... ".,j,tJ. fi'D 'l' ,,~l')'_) Jrll r;;-'-vN From To ('Jot ).if'7/J .J95'L ~ State Zip Code , County - 5" f/" R F js/ "" D /!F).JN IP.EN 11 A/ S> .J Y J Building Owner's Name Building Owner's Address eJ..bNENCE c:t" FE/( I'll 5 "/ ~)Cj :1 Jf If ~.O S M' rl-l TO /,(/ N Rp SH~/?Ji I(/Ofi D Club Manager's Name Are there any delinquent DYes ~No !3JJ It' n J:H (f.;: 1. kF taxes on the property? Name of Member of Managing Board Address l3 f} y J.. t) If J 1.. E / FE If M I} /-1 3'77 j- (~/I'IJNr ,). (J I? ,E.NZ A'" 0; Silt'A'EII""/J Name of Member of Managing Board Address p/}tl1. ,.' ell !?J sr ENS J:- "I S~ )/k"J?IT#vE ~jR {lIrJ~'j(n Name of Member of Managing Board Address J/Jlvl ):.s IIFJ?NH.L JlI '17.'- {JJ.. J;N /fD 5M'R~Jl/41~O Name of Member of Managing Board Address (;. " \f ' )- TIc'" E" /J- r..t=-/? t:t:r :n7 E )..A)~E' ~~T Ir/J ~'~1#/A Name of Bonding Company Amount of Bond It/ ~S TE JV /II .J u. f? 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(' ~.JJc rf h'Jy,v /-1 HI t. /MY5E(. r a I"" .. .....,to- 01' "'"111'" .. tinUter tIIa ..... ..,...... ...-. I ...... &lie folio.... __ of ......... ........ . 1taaIr. '01' ......... wI&Ia ..... I ... W HiI.V'. ........ ..,...: ,,('OJ<; A7v1~,v(.)S,uv. 41. ~"",,'V/..)J"a,..... c:;~Oy "7' n,5,'l-O'b .511 c!(Jr/l.' ,) ^- , j. ,-( d~.;."V 1\-. /J'l//v '" c'. ;.~./'- A; rI - , h> ,..Jc r _.Ii" ...... .. &M .... of Ill&uWHOW u,.... aM 1l1li ... ...er" O...rtl..' 'I'M ..-.... a ___ wWa &M ordiIaaDa 10"""" &b1I1..... )lJ ,......1 Tu 8&utp ~ .. N. I will ...pI, .vIctlJ with &be DI'OWIiIou of .......t-.~. ...... .. .. ... ., .. .... .. ......... ...... ... .... .... paa.u .. faU 'flew of &be .P~~ . . . I.,........J Coudtudoul ~ .........b aad ..... aM 1l1li ==-- ~ ..... .. ~ . ~ ad acne to &be folf.IWN of. ......., fHa' ...... ...... .... "'.. ........ .....,....W for &M ~ of W. ....... . . ~ .. 1 Mnbr 1OIimaI1_...... &bat &M forep~:"'W aN InIe col'nl& .. tIIa ... fl. ... ...... ..... .. _fir "'* all .... ........ ., .... ..... ...... ...... II ........ ....~ aM.... tit WoN _ W- 0?1 .,., M;t7y' , J' (f'f / ....,.. u-. ~ .. ..... .... .. _ ... ... ....... ., 1M :ti:... .I1a.. ... ... ... ., ~ -' ......... .. ..... ... ... ....... .... ... ., . ..... .. ... ... .... III r r .,.... __~.. L -, .. .... ... *- - ...... ..... ..... .. ... .1 ' . . CITY OF SHOREWOOD MAYOR Robert Rascop COUNCI L Jan Haugen Kristi Stover Robert Gagne Barb Brancel ADMINISTRATOR Daniel J. Vogt 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236 MEMO TO: Mayor and Counci1members FROM: Dan Vogt ~ DATE: May 17, 1988 SUBJECT: Water Use and Service Code Amendment Attached you will find the revised sections of the Water Use and Service Code Amendment as directed at the May 9 Council meeting. Only those sections of the Code which were amended at the last meeting have been copied. Please replace the attached pages within the entire Chapter sent to you with the May 9 packet. Section 903.05 was amended by eliminating the last sentence relating to outside hose bibs. Section 903.15 was amended by adding the last sentence relating to proper identification being displayed upon seeking admittance to a building. Unless additional changes are being considered by the Ci.y Council, adoption of the Code Amendment is recommended. It is also recommended that due to the length and complexity of the Amendment, a summary of the Amendment be published instead of the entire Chapter. This item appears on the Consent Agenda of your May 23 meeting for your consideration. Please contact me if you have any questions prior to Monday night. DJV/gs Attachment cc: Glenn Froberg Jim Norton Brad Nielsen Sandy Kennelly Don Zdrazi1 Munitech A Residential Community on Lake Minnetonka's South Shore ~5F ,. 903.04 . . 903.06 903.04: WATER TURN-(N AND SHUI'-QW FEES: A fee as established by resolution of the City Council shall be charged for turning on or shutting off water except in instances where a connection penmit has been obtained by the property owner. 903.05: PRIVATE WELLS:1 Private wells may be maintained and continued in use after connection is made to the water system, provided there is no means of cross-connection between the private well and the Mmicipal water system at any time. Hose bibbs that wi 11 enable the cross-connection of the two (2) systems are prohibited on internal piping of the well supply system. The threads of the boiler drain of the well volune tank shall be rermved or the boiler drain hose bibb replaced with a sink faucet. 903.06: Subd. 1. Subd. 2. Subd. 3. INSTALLATICN AND SPECIFICATI~S : a:NSTRL'Cl'I~ REXqJJIREMENrS AND Supervision: All work perfonmed within the limits of the City shall comply with all requirements of the Minnesota PlUIbing Code as amended and the Ten States Standards and shall be under the direct supervision of the City Water Inspector and Public Works Director. Authori ty to do Work: Olly persons authorized by this O1apter shall tap any distributing main or pipe of the water system, or insert stop cocks or ferrule therein. Excavations: 2 If the installation is to be in a surfaced street, the location of the water main shall be ascertained fran the Ci ty Engineer and, upon complet ion, such installation shall be inspected by the Public Wbrks Department. Prior to construction within the street, notice shall be given to the City Water Inspector, School District, U. S. Post Office, police and fire departments, and City Public Wbrks Director. Such notice must be given at least three (3) days prior to the excavation for laying of the service pipe, and the connection must be made before three o'clock (3:00 P.M.). After approval by the Public Works Department, the street shall be restored to its previously existing conditions as directed and approved by the Public Works Department. The expense of such construction and restoration shall be borne by the applicant. 1. See Chapter 506 of this Code. 2. See also Section 901.01 of this Code. . . 903.14 903.17 SOOd. 3. Fraud or misrepresentation by the owner or occupant of the premises served in connection with an application for service. 903.15: RIGIl' OF mIRY POVERS: Authori zed Ci ty eq>loyees shall have free access at reasonable hours of the day to all parts of every building and premises connected to the water system necessary for reading of meters and inspection. City enployees shall be properly identified and shall display such identification upon seeking admittance to the bui lding. 903.16: DISCIAIMER OF LlABILI'IY: The Ci ty shall not be I iable for any deficiency or failure in the supply of water to property owners or users, whether occasioned by shutting the water off for the purpose of making repairs or connections, or fran any other cause whatever. 903.17: VIOLNTION: Any person violating any prOVIsIon of this Chapter shall be guilty of a misdemeanor. (Ord. 74, 9-10-73, ann. 1987 Code) '. QS;\t\ ~elen ", Mayeron& .' . Associates, Inc. 2021 East Hennepin Avenue Minneapolis, MN 55413 612.331.8660 FAX 331.3806 . ~,'" , r;: \),f.{ .." Engineers Surveyors Planners l'Iav 12, 1988 City of Shore~ood 5755 Country Club Road Shorewood, Minnesota 55331 Re Site Gradin~ and Appurtenant Work Freeman Park - Project No. 87-5 OSM Comm.No. 1744.75 Ci ty Counci I : Enclosed are four (4) copies of Construction PaYment Voucher No. 2 on the referenced project in the amount of S 34,596.50. Please make pa,..ent in amount of $ at your earliest convenience. 34,596.50 to Widmer, Inc., P.O. Box 219, St. Bonifacius, Minnesota 55375 Very truly yours, OOR-SCHELEN-I'lAYERON ~ ASSOCIATES,~NC. _yJ, + d~.~ t", , l('rV4~ 'Jiles P. Norton,P.E. Project En~ineer ..fN: RGD Enclosures: cc : Widmer, Inc. "', /} ~;/..~. . . Estimate Voucher No. 2 CONSTRUCTION PAYMENT VOUCHER Date May 12, 1988 For Period Endin~ : April 29, 1988 ----------------------------- ------------------------------------------ Project No. 87-5 -------------------------------------------------------------------------------------------------------- Class of Work Site GradinS and Appurtenant Work -------------------------------------------------------------------------------------------------------- Location Freeman Park To: Widmer, Inc. P.O. Box 219 St. Bonifacius, Mn. :Q375 (612) 446-1495 -------------------------------------------------------- -------------------------------------------------------- For City of Shorewood, l{ennepin County, Minnesota -------------------------------------------------------- A. Orisinal Contract Amount $ 49,355.00 ------------------------ B. Total Additions $ 23,750.00 ------------------------ C. Total D~ductions $ 0.00 ------------------------ D. Total Funds Encumbered $ 73,105.00 ------------------------ E. Total Value of Work Certified to Date $ 41,667.50 ------------------------ F. Less Retained PercentaSe 5 % $ 2,083.00 ------------------------ G. Less Total Previous Payments $ 4,988.00 ------------------------ H. Approved for Payment, This Report $ 34.596.50 ------------------------ I. Total Payments IncludinS This Voucher $ 39,584.50 ------------------------ J. Balance Carried Forward $ 33,520.50 APPROVALS ======================================================================================================================== ORR-SCHELEN-MAYERON & ASSC(IATES, INC. Pursuant to our field observation, as performed in accordance with our contract, we hereby certify that the materials are satisfactory and the work properly performed in accordance with the plans and specifications and that the total work is 57 % completed as of April 29, 1988 . We hereby recommend payment of this voucher. Si'",d '-~:::c~~rv~~---------------------- Si.",d '~~~ ------------------------------------------------------------------------------------------------------------------------ This is to certify that to the best of my knowled~e, information, and belief, the quantities and values of work certified herein is a fair approximate estimate for the period covered by this voucher. Contractor: Widmer, Inc. SiSned By ------------------------------------ ---------------------------------------------- Date : Title ---------------------------------------- ---------------------------------------------- ======================================================================================================================== City of Shorewood Approved for payment Voucher ------------------------------------ --------------------------------------------- Checked Er( : Authorized Representative Date Date ------------------------~-------------------- Pase 1 of 2 1744.75 Contractor : Widlir. Inc. P.O. Box 219 St. &onifacius. Hn. 55375 (612) 446-1495 . Estlaatt Voucher No. 2 Date : J1ay 12. 1988 SIte Gridin~ ind ApPurtenant Work Fref:aan Park - Project No. 87-5 for tile City of Shorewood. Hennepin County. Minnesota . Corltract Date : Work Co.pleted : Work Started Co.pletion Date : 30 DayS fro. date of award Ite. No. Itea Work Co.pleted Contract This Amount Quahtlty Uhit Unit PrIce Total Price Month This Month Total to Date Quantity Total Prlce -------------------------------------------------------.------------------------------------------------------------------------ 11 Clear and Grub 1. 5 Ac. 3500.00 5250.00 2) CQaaon Excavation 1 L.S. 31100.00 31100.00 3) Seedin. 17.7 Ac. 650.00 11505.00 4) Erosion Control bOO loF. 2.50 1500.00 ------------ Total Project Cost ..................................... I" S 49,355.00 Chan~e Order No. 1 23750.00 ------------ ------------ Total to Date .1... ... II.... 11.1. .............. ... .... .... 73,105.00 PUt 2 of 2 1744.75 0.00 1.5 52'"..0.00 0.80 24880.00 0.80 24880.00 0.00 0 0.00 1000 2500.00 1000 2500.00 ------------ ----------- $ 27,380.00 $ 32.630.00 9037.50 9037 . 50 ----------- ---------- ----------- --------- $ 36.417.50 $ 41.607.50 MEMO TO: FROM: DATE: SUBJECT: . . CITY OF SHOREWOOD MAYOR Robert Rascop COUNCI L Jan Haugen K risti Stover Robert Gagne Barb Brancel ADMINISTRATOR Daniel J. Vogt 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 . (612) 474-3236 Mayor and Counci1members nan VOgt-1I(I May 17, 198r Street Light Request - Gillette Curve A street light has been requested by Mr. Milton Brooks and Mr. Warren Peterson for the end of Gillette Curve. A map showing the proposed location of the light is attached. Approval is recommended by the City Council on May 23,1988 provided that all extra costs, if any, for said installation over and above the monthly charge by NSP be bourne by the residents. This item appears on the Consent Agenda of your May 23 meeting for your deliberation. Let me know if you have questions regarding this issue prior to Monday night. DJV/gs cc: Residents A Residential Community on Lake Minnetonka's South Shore If '" ~ 0-- r-.. c::i ll\ l't\ C\.I ~ ~,~ 'C' HENNEPtN~ , \ ,1 ',- ) " J~i\ ' " r"M ~ ~,) ;5 . ~. \ j: j-' 9' 2 / .,, " I t..'~' '-1 ,,';i( "~1, : ( ~ ...~-~ t.... , )> " o' ... ~r :n ,a, :.) o ..:> "t: ~LL Y Rt:COADEy .... u:o FRO~ Tl-ljA"'- :.' UN'tY All~'''' '. . ( P(COR~ i~. 1'.'t:. ,- ION rRf..oi ,'.Ii'~'f;i~T'-', , ,.-. ne-e. n'1I"a,:........... ~ ...,..} {:~t4~t~;., @ .~ """,_..','_'_" .,. ;iI'.- .,._......'" ) . . MAYOR Robert Rascop COUNCI L Jan Haugen Kristi Stover Robert Gagne Barb Brancel CITY OF SHOREWOOD ADMINISTRATOR Daniel J. Vogt 5755 COUNTRY CLUB ROAD . SHOREWOOD. MINNESOTA 55331 · (612) 474.3236 MEMO TO: Mayor and Councilmembers FROM, Dan Vogt 1ijY DATE: May 18, 1988 SUBJECT: House Doctor Program - West Hennepin Human Services Planning Board You may recall that several months ago the City considered a program operated by the West Hennepin Human Services Planning Board known as House Doctor Program and the Home Energy Check-up Program. Information is attached which explains these programs. In order to begin participation in the programs, also known as the "Conservation Improvement Program", the City Council must adopt the attached Resolution. You will notice that the City of Minnetonka will act as the lead agency in the application for funding for the project. The City's role will be an "in-kind" contribution of certain services mainly to help promote the project. It was indicated by the Council in the past that this program is acceptable to belong. Therefore, adoption of the attached Resolution is recommended. This item appears on the Consent Agenda of your May 23 meeting for your deliberation. Please contact me prior to Monday night if you have any questions. DJV/gs cc: Bruce Larson Attachments A Residential Community on Lake Minnetonka's South Shore ,,:.- "",J ~ . . H 0 USE DOCTOR PROGRAM The House Doctor Program is a one-day visit by a professional crew who find and fix air leaks and insulation defects. This leads to a more comfortable home and lower fuel bills. The cost of the program is underwritten by Minnegasco with the admini- strative costs covered by the Minnesota Department of Public Services. The program is available to single family homeowners who are Minnegasco customers and meet income guidelines for disadvantaged households as established by the local community. The main job of a house doctor is to find and seal air leaks in a home. The many leaks in an average home have the same effect as a window left partially open through the winter. These leaks are identified through the utilization of a "blower door" test, the most advanced technology available for assessing comfort problems. Specific improvements which the program addresses include but are not limited to caulking, weatherstripping, spot insulation and improving the heating and hot water system efficiencies. H 0 M E ENE R G Y C H E C K - U P PRO G RAM The Home Energy Checkup is a visit by a professional energy analyst who will help the resident identify opportunities to increase home comfort and lower utility bills. The program is exciting because: (l) It is an excellent value -- from $20 to $40 worth of conservation materials are left or directly in- stalled in the home: (2) The service costs just $10, or is free*, but it is supplied by trained, experienced professionals (state- certified energy auditors); (3) The service includes the most advanced technology available for assessing comfort problems (a "blower door" test to measure and locate air leakage [drafts], and furnace testing to measure efficiency and check for safe operation); (4) The personnel are trained to listen to your problems and to give you real answers, not just paperwork. The City is cooperating to provide this service through West Hennepin Human Services, with funding through Northern States Power. No City tax dollars are used to support the program. Residents are urged to take advantage of this program. It will make your winter more comfortable, improve the "City's housing stock, and help to keep fuel dollars in our local economy. * Based on criteria established by NSP, the City and WHHS. \ . . RESOLUTION NO. RESOLUTION AUTHORIZING THE SUBMITTAL OF AN APPLICATION FOR GRANT FUNDING TO THE MINNESOTA DEPARTMENT OF PUBLIC SERVICE, ENERGY DIVISION WHEREAS, the City of Shorewood is a sponsoring unit of government for the project titled "The Conservation Improvement Pro- gram. " WHEREAS, Shorewood and Minnetonka are coordinating their grant application efforts for funding the Conservation Improvement Program; and WHEREAS, The City of Minnetonka would serve as the lead unit of government for this project; NOW, THEREFORE, be it resolved by the City Council of the City of Shorewood as follows: 1. The City of Minnetonka is hereby authorized to apply to the Minnesota Department of Public Service, Energy Division for funding of this project on behalf of the City of Shorewood; 2. The City of Minnetonka is authorized to enter into a grant agreement with the State of Minnesota for the project named above and thereafter execute certi.fications as required and execute such agreements as are necessary to implement the project. 3. Authorize the City Administrator to provide approximately $300 worth of "in kind" contributions to consist of City Staff time, conference room use, xeroxing, City letterhead stationery, and city sponsored publicity. 4. Authorize the establishment of a Community Energy Council. Adopted by the City Council of the City of Shorewood this of , 1988. day Robert Rascop Mayor Attest: Sandra L. Kennelly City Clerk . 'Q'c.u ~elen , .~'q. :~~~.lnC. . "^~'{ ,8 ~t; .) 2021 East Hennepin Avenue Minneapolis, MN 55413 612-331-8660 FAX 331-3806 Engineers Surveyors Planners May 18, 1988 City of Shorewood 5755 Country Club Road Shorewood, Minnesota 55331 Re: Review of Final Plat, Plans and Specifications For McKinley Place at Near Mountain 3rd and 4th Additions Shorewood, Minnesota OSM Comm. No. 1744.23 .,. Dear City Officials: We have reviewed the plans and specifications for the Near Mountain 3rd and 4th Additions at McKinley Place as prepared by Sathre-Bergquist, Inc. Our review comments will address the following items: - Sanitary Sewer - Water' - Storm Drainage and Grading - Erosion Control - Streets - Specifications SANITARY SEWER: The sanitary sewer for McKinley Place 3rd Addition has previously been installed. The serv ice for the 4th Add it ion is a proposed 8 n 1 i ne along Near Mountain Boulevard flowing north to an existing manhole. The system conforms to all City of Shorewood specifications. WATER: The watermain for the 4th Addition has previously been installed. The watermain for the 3rd Addition is a proposed 8" line along Near Mountain Boulevard which ties into the City of Chanhassen water system and loops through to the McKinley Court cul-de-sac. STORM DRAINAGE AND GRADING: All catch basins shall be on the radius point and not on the center of radius. The slope along the east side of the 4th Addition should be maintained with 3:1 slopes. The lots along Near Mountain Boulevard may need to be raised to accommodate these slopes. Additionally, drainage swales along the property lines of the 4th Addition must be established. Due to the quantity of storm water flowing down the backyards of the 3rd Addition, it is very critical to establish proper slope and drainage swales in the 4th Addition. 1/f .... . . Page Two City of Shorewood May 18, 1988 A definite drainage swale should be established along the rear lot lines between McKinley Court and McKinley Circle. EROSION CONTROL: Erosion control shall be established around all ponding areas to prevent sedimentation of the ponds. All drainage swales shall have erosion control placed in reasonable intervals along the swale. STREETS: All cul-de-sac roadway diameters shall be 100' with the right-of-way diameter at 120'. All street grades shall be kept below the maximum 5% and above the minimum 0.5%. SPECIFICATIONS: There is a revision to Section 2.01 in the Site Grading Specifi- cations: The disposal area shall not be located in any buildable area. The buildable area includes streets, house pads, swimming pool locations, etc. Addi- t i ona lly, four feet of topsoil shall be compacted over the di sposa 1 sHe. MISCELLANEOUS: All storm water facilities and ponding shall conform to Purgatory Creek Watershed Specifications and permitting guidelines. We would be happy to discuss these review comments with you. Please call if you have any questions. Respectfully, ORR-SCHElEN-MAYERON & ASSOCIATES, INC. ~~?l!~/tUJ Associate JPN:mlj . 0\\1. ~;;& Associates, Inc. . Mf1.'< I 8 May 17, 1988 2021 East Hennepin Avenue Minneapolis, MN 55413 612-331-8660 FAX 331-3806 Engineers Surveyors Planners City of Shorewood 5755 Country Club Road Shorewood, Minnesota 55331 Re: Review of Final Plat, Plans and Specifications For McKinley Place at Near Mountain 5th Addition Shorewood, Minnesota OSM Comm. No. 1744.23 Dear City Officials: We have reviewed the plans and specifications for the Near Mountain 5th Addition at McKinley Place as prepared by Sathre-Bergquist, Inc. Our review comments will address the following items: - Sanitary Sewer - Water - Storm Drainage and Grading - Streets - Specifications - Pl at SANITARY SEWER: Service to the property is proposed to be provided by 8" PVC lines 7'-22" feet deep throughout the project. The sewer serving Whitney Circle will tie directly into an existing 8" stub located in Whitney lane. Elbert Point and lots 1 and 28, Block 2 will be served from the system in Near Mountain Boulevard. The remaining lots along McKinley Place are proposed to be served through a system located in Covington Road. A 35'-40' utility easement is necessary between lots 9 and 12 because of the depth of the sanitary sewer line. WATER: The water is proposed to be looped from Near Mountain Boulevard to Covington Road. The water main does not maintain the 10' separation from the sanitary sewer in several locations. A 10' separation should be maintained throughout the project. STORM DRAINAGE AND GRADING: The storm drainage conforms to the City's Comprehensive Storm Water Study. The catch basins at the intersection of Elbert Point and McKinley Place should be moved around to the radius points. Catch basins located at the center of street radius' will not be allowed. .... . . Page Two City of Shorewood May 18, 1988 The grading plan does not include house pad elevations, which makes it difficult to review. However, several lots have extreme negative slope towards the street. This not only causes drainage concerns, but poses concern for excessively steep driveway slopes. These lots are as follows: Lots 7, 8, 9, 12, 21, 22, 23, 24, Block 1 There are also a few lots with driveways exceeding 15% slope. The lots should be altered to correct this problem. These lots are as follows: Lots 18, 19, 20, Block 1 Additionally, 3:1 maximum side slopes are required over the entire project. All of these corrections should be completed before grading activities begin. STREETS: All cul-de-sac roadway diameters shall be 100', with the right-of-way diameter set at 120'. All street grades shall be kept below the maximum 6% and above the minimum 0.5%. Otherwise, all street design conforms to the City's standard specifications. SPECIFICATIONS: There is a revision to Section 2.01 in the Site Grading Specifi- cations: The disposal area shall not be located in any buildable area. The buildable area includes streets, house pads, swimming pool locations, etc. Addi- tionally, four feet of topsoil shall be compacted over the site. PLAT: The plat shows a scale of 1" = 30' when it is actually 1" = 60' MISCELLANEOUS: All storm water facilities and ponding shall conform to Purgatory Creek Watershed Specifications and permitting guidelines. We would be happy to discuss these review comments with you. Please call if you have any questions. Respectfully, ORR-SCHELEN-MAYERON & ASSOCIATES, INC. )l~~1~!Mw Associate JPN:mlj CITY OF SHOREWOOD MAYOR Robert Rascop COUNCI L Jan Haugen Kristi Stover Robert Gagne Barb Brancel ADMINISTRATOR Daniel J. Vagt 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 . (612) 474-3236 MEMORANDUM TO: MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 19 MAY 1988 RE: NEAR MOUNTAIN P.U.D. - MCKINLEY PLACE AT NEAR MOUNTAIN 4TH AND 5TH ADDITIONS FILE NO.: 405 (88.20) Lundgren Bros. Construction has submitted final plats for McKinley Place 4th and 5th Additions (see Site Locations map - Exhibit A. attached). The plats are shown as exhibits of the proposed development agreements. which are attached for your review and approval. There are three requirements which have not been addressed in the agreements but which were listed as conditions of approval for the preliminary plat. 1. The front yard setback for Lots 10. 11. and 13 (those fronting on Covington) should be increased to SO feet. 2. Lots 10 and 11 will share a common driveway. 3. Lots 10. 11 and 13 must have on-site turn-a rounds incorporated into their driveways. The City Attorney should advise whether these issues should be addressed in the development agreement for McKinley Place 5th Addition or in the declaration of covenants. or both. A couple of minor changes must be made to the final plat for McKinley Place 5th Addition. The lot located in the northwest quadrant of the intersection of McKinley Place and Near Mountain Boulevard should be numbered 28. Also the scale of the drawing should be changed to 60 rather than 30. A Residential Community on Lake Minnetonka's South Shore Re: Near Mt. P.U.D. McKinley Place 4th & 5th 19 May 1988 There is an outlot (A) shown on the north end of McKinley Place 4th Addition. It is the developer's intent to combine this outlot with the lot immediately north of it. Legal combination of these parcels should be a condition of plat approval. Both of the plats are located in areas where unit reductions have been previously approved. The density reductions were contingent upon the developer paying reduced park dedication fees ($350) for the units which were to be deleted. McKinley Place 4th Addition was originally approved for 14 townhomes but changed to 10 single-family lots. 14 10 = 10 x $500 4 x $350 = $1400 = $5000 $6400 McKinley Place 5th Addition was originally approved for 46 units (8 single-family and 38 twinhomes). The final plat contains 35 single-family lots. 46 - 35 = 11 x $350 = 35 x $500 $ 3850 = $17.500 $21.350 Park dedication fees for the two plats total $27.750. The City Engineer's comments are contained in separate staff reports dated 17 and 18 May 1988 cc: Dan Vogt Glenn Froberg Jim Norton Mike Pflaum - 2 - .. ... ...-...;;- -- -. .... I ~, , I 1 /1 ... I i "-. A ... '-. .. .. o o 'N c: lis ::.. .! H __ .. i{ii I J ii i ~~ ~~ , . I I I I I i Iii .. .. N . I . . III 1ft N N - -- - \ I I I · i ~ . ! o 0 '.. :0 1" . . . I.. .. . .. .. . 'N II .. .. 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I- i I :~.,""------.......~--'_.._--._-'_.---~. ._,..,.,.",._.,.~,.,....-_~-----......._._.-._.. _...__.,...""P_~..._,__""'..___.~.',.,..'...~._...~.'_~.,,."',.v...~.."._, .._..,...<,.,.-~,..",...."_~~.,.~.x~-..,........,.."....,, .,..,...__"."........ .,'.".~._..,.~,...,,',........,.~,,-....... .~.__"_..r'_______""""".~--'"_.,~..'_.._".,......- _~,~_'.c,"'''',._,,'''. ,~,-".--,~"'~.,-^"""',-..,.-~. ",_"__"",~,,,,,,,,,-,,,, ..,",..~~'"'___.,'__..,._.....~'.~~w_.,.."..""---....c,. ,/ / e. e MAYOR Robert Rascop COUNCIL Jan Haugen Kristi Stover Robert Gagne Barb Brancet ADMINISTRATOR Daniel J. Vogt CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD. MINNESOTA 55331 . (612) 474.3236 DATE: May 2, 1988 TO: Greg H. Sorenson 25535 Birch Bluff Road Shorewood, MN 55331 PROPERTY LOCATION: 25535 Birch Bluff Road PROPERTY IDENTIFICATION RO.: 28-117-23-33-0024 RarICE TO REMOVE Offensive and Unhealthy Substances NOTICE IS HEREBY GIVEN that there exists a condition on the above referenced property which is in violation of Chapter 501, Section 501.01 of the Shorewood City Code, a copy of which Section is enclosed. The offensive matter to be removed from the property includes the following: Misc. building materials, lumber You are hereby required to remove the above-described matter and any other defensive matter located on the property and in violation of Chapter 501, Section 501.01 within ten (10) days from the date hereof. In the alternative, you may file a written notice of appeal at the Shorewood City Hall within ten (10) days, in which case your appeal will be set for hearing at the next regularly scheduled meeting of the City Council. If you do not respond to this Notice within ten (10) days, the City shall take whatever action as may be necessary to have the offensive matter removed. The costs incurred by the City for such removal shall be charged to the property owner and become a lein against the property. ***PLEASE GIVE THIS MATTER. YOUR IMMEDIATE ATTENTIOR*** BY ORDER OF THE SHOREWOOD CITY COUNCIL A Residential Community on Lake Minnetonka's South Shore c.. '- ._----J . . ,y May 2, 1988 7 (c) TO: Mayor City Council Acting City Manager~- "Equity Sharing" Concept FROM: SUBJECT: After. holding a number of discussions on the subject, Council is considering an equity sharing concept which would allow all four cities which comprise the South lake Minnetonka Public Safety service area to share in some of the benefits of property ownership. The major components of this proposal are as follows: 1. Construction of the facility will be financed by the City of Excelsior. 2. The annual "rent" paid to the City (currently set at $39,000) is "triple net", which means that it does not include mainten- ance, utilities, taxes, depreciation, etc.--rach payment will include a reduction in the principal of the funded construct- ion costs combined with accrued interest on the outstanding balance. 3. like other mortgage-type loans with a fixed annual payment, the principal reduction will be minimal during the early years of the loan and gradually increase with time. 4. In calculating equity, Excelsior's site acquisition costs will be included in the total and credited to the City of Excelsior. 5. Any City withdrawing from the Joint Powers Agreement will be able to claim their prorated portion of actual principal reduction payments made to date in accordance with a vesting schedule based on a ratio of years paid vs term of con- struction funding. 6. The City of Excelsior will be allowed to refund the vested principal payments to any City which has withdrawn from the Joint Powers Agreement over the same number. of years that the payments were made. 7. In the event that the City of Excelsior sells the building, each City will be fully reimbursed for its prorated portion of the vested principal' payments made todate. (The value of the property itself is not included in any of these calcu- lations.) 8. If the Cities remaining in the Joint Powers continue to use the facility for public safety beyond the term of the con- struction funding the annual rent payments will be reduced to $1 per year. Mayor/City Council I "Equity Sharing.1f Con ept Page 2 . . To help illustrate how this proposal might work. figures have been-prepared (see attached sheet)_based on assumptions that: the total principal of the construction funding will be $375,000; the annual interest rate on the funding will be 7S; the annual rent payment has been set at $39,000; and the percentage of contributions made by each City will remain constant. Under this scenario. it would take 16 years to pay back the initial funding of $375,000. It should be noted that after 5 years (which constitutes 31S of the total number of annual payments) the amount of principal paid off is only 20.3S. By year 10 (which consitutes nearly 63S of the annual loan payments) the principal amount has been reduced by 49S. By year 15 (which constitutes 94S of the annual loan payments) the principal amount has been reduced by nearly 90S. . . MINUTES CITY OF EXCELSIOR REGULAR EXCELSIOR CITY COUNCIL MEETING MONDAY, MAY 2, 1988 CITY COUNCIL CHAMBERS 7:30 p.m. 7. GENERAL BUSINESS (c) Adoption of "EquHy Sharingll Policy - SLMPSD Building Mayor Olds recapped the IIEquHy Sharingll Concept memorandum which included a background table showing equity earned and vested principal paid through years 5, 10, 15 and 16. Discussion among Councilmembers included concern relative to the land costs and that that cost not be a part of equHy calculations. Council consensus was for IIExcelsiorll to be withdrawn from the Equity Earned and Vested table. Also, consensus of the Council was to add a clarifying statement to Hem 7 of the memorandum: II (The value of the property itself is not included in any of these calculations.)1I Johnson moved, seconded by Macpherson, that Mayor Olds present the memorandum and table, with changes, to member cities of the Joint Powers Agreement. All voted in favor; motion carried 5/0. ,;;. . . BACKGROUND FOR "EQUITY SHARING" CONCEPT BASIC ASSUMPTIONS: Total Principal Annual Interest Rate Annual "Rent" Payments Full Term City Contributions to S.L.M.P.S.D. Budget: $375,000 7.0% $ 39,000 16 Years Excelsior Greenwood Shorewood Tonka Bay 32% 9% 42% 17% 16 - YEAR VESTING SCHEDULE: 5 Years - 31.25% 10 Years - 62.50% 15 Years - 93.75% 16 Years - 100% EQUITY EARNED AND VESTED PRINCIPAL PAID THROUGH: Year 5 Year 10 Year. 15 Year 16 Greenwood $ 6,851 $ 16,538 $ 30,308 $ 33,750 (Vested) (2,141) (10,336) (28,414) (33,750) Shorewood 31,973 77,175 141,435 157,500 (Vested) (9,992) (48,234) (132,595 ) (157,500) Tonka Bay 12,941 31,237 57,247 63,750 (Vested) (4,044) (19,523) (53,669) (63,750) *Excelsior The Difference between the figures represent Excelsior's share. TOTAL PRIN- $183,750 $336,750 $336,750 $375,000 CIPAL PAlO (20.3%) (49.0%) (89.8%) (100%) TO DATE TOTAL PRIN- $23,790 $114,843 $315,703 $375,000 CIPAL VESTED (31.25%) (62.5%) (93.75%) ( 100% ) TO DATE *This chart is to be used for example only. In the final agreement, Excelsior's equity share must include credit for the original $82,000 site acquisition cost. ---- ~rMT~T~IJ~ ~~DEPARTMENT OF . NATURAL RESOURCES PHONE NO. 296-7523 1200 WARNER ROAD, ST. PAUL, MN 55106 FILE NO. May 16, 1988 Mr. Michael Arvidson 5595 Timber Lane Excelsior, MN 55331 Dear Mr. Arvidson: RE: PERMIT APPLICATION 88-6297, RETAINING WALL AND RIPRAP; LAKE MINNETONKA We are in receipt of your permit application and are submitting it with a copy of this letter to various agencies for review and comment. , Please be advised of DNR regulation~ (coPy'attached) which pertain to retaining wall construction--particularly 6115.0211 Subp. 5E. .. "Encroachment below the ordinary high water mark shall be held to the absolute minimum necessary for construction." In other words, if we approve a retaining wall, it would have to be located at where the ordinary high water level (929.4 NGVD, 1929) meets the natural shoreline. Please contact me regarding your preference: 1. to keep your request as is and receive a permit denial, 2. to alter your design to show the wall 4 feet closer to shore, or 3. to riprap only (see enclosed brochure). Sincerely, >tt LLt txJ--C~L"LL"-- 1~~oud;eau Area Hydrologist METRO REGION DIVISION OF WATERS , \ cc: USCOE Hennepin County SWCD Minnehaha Creek WSD City of Shorewood J25/dv AN EQUAL OPPORTUNITY EMPLOYER /1)#- JOHN R. CARROLL JAMES D. OLSON ARCHIBALD SPENCER ROBERT M. SKARE ROBERT L CROSBY LEONARD M. ADDINGTON ROBERT R. BARTH N. WALTER CRAFF ALLEN D. BARNARD RICHARD A. PETERSON ROBERT J. CHRISTIANSON, JR. FRANK J. WALZ THOMAS D. CARLSON FRANK VOOL M~~RINUS ,... VAN PUTTEN, JR. JOHN A. BURTON, JR. JAMES C. DIRACLES ROBERT L MELLER, JR. SCOTT D. ELLER CHARLES C. BERQUIST FREDERICK W. MORRIS GEORGE O. LUDCKE E. JOSEPH LAFAVE III GREGORY D. SoULE CATHY E. GORLlN PATRICK B. HENNESSY CHRISTINE K. SOLSO ERIK W. IBELE TIMOTHY A. SULLIVAN . . BEST & FLANAGAN ATTORNEYS AT LAw 3500 IDS GENTER MINNEAPOLIS, MINNESOTA ~~2-2l13 TELEPHONE 16121 339-7121 TELEOOPIER 16121 339-~697 TAMMY L. PUST BRIAN F. RICE TRACY J. VAN STEENBURGH DAVID J. ZUBKE NORMAN J. BABR JAMES P. MICHELS KAHEN E. SLETTEN PAUL E. KAMINSKI BLAKE SHEPARD, JR. ELIZABETH W. VOBACH CHRISTOPHER J. CHAPUT JOHN P. BOYLE Ross C. FORMELL CHRISTOPHER C. FOY .,.. \' \~ OF COUNSEL CHARLES S. BELLOWS WARD B. LEWIS April 22, 1988 RETIRED GEORGE MALONEY LEONARD W. SIMONET JAMES I. BEST 11902-10681 ROBERT J. FLANAGAN 11898-19741 Mr. Gary C. Eidson Fabyanske, Svoboda, Westra, Holper & Davis 1150 International Centre II 920 Second Avenue South Minneapolis, MN 55402 Re: Galpin Lake Woods Our Client: Patrick Arens, et ux Dear Mr. Eidson: We have met with the Arens and our surveyor and have concluded that based on prior surveys in the field, found markers and lines of occupation, the proposed access road to Galpin Lake Woods encroaches on our clients' property by approximately 10 feet. To locate the southerly boundary of the Arens' lot, we shall commence an action under Minnesota Statutes Chapter 508.671 to have the southerly boundary judicially determined. If the road is completed and subsequently determined to be on our clients' property, we shall seek damages for its taking. We are sending a copy of this letter to the City of Shorewood as notice of our intent to commence the above action. Yours very truly, Mari~~~en. Jr. MVP/kd/3320K cc Patrick Arens Glen Froberg Bruce Grivna Steven Tierney Jeff Lindgren lilt . . t" To: Shorewood City Council From: Jerry and Linda Peterson 20600 Garden Rd. Rei Maintainence of Road Right of Way We wish to formally request permission to maintain the road right of way that runs between our property and Bayswater road. This right of way is contiguous to our homesteaded property - lot 6, Holtmere, Lake Minnetonka. This request is in accordance with resolution 155-87 and would involve planting of shrubs such as Lilac bushes between the lot 1 ine and the road. It would involve keeping the area in as natural condition as possible and meeting the needs of the city. Thank you for your consideration of the matter and we look foraward to hearing from you soon. Sincerely, ?~fLR..L Jerry & Linda Peterson 20600 Garden Rd. Shorewood, Mn. 55331 . . CITY OF SHOREWOOD MAYOR Robert Rascop COUNCI L Jan Haugen Kristi Stover Robert Gagne Barb Brancel ADMINISTRATOR Daniel J. Vogt 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236 FROM: Residen~ Dan VOg~F1ty Administrator May 16, 1988 MEMO TO: DATE: SUBJECT: Signal Project - Highway 7/County Road 19 Mn/DOT SETS HWY. 7 PUBLIC INFORMATION MEETING A proposed traffic signal at the intersection of Hwy. 7 and County 19 in Excelsior will be the subject of a public information meeting set for May 25, the Minnesota Department of Transportation announced. The meeting will begin at 7:30 p.m. at the Excelsior Elementary School gymnasium, 441 Oak St., Excelsior. Transportation department staff will be there to discuss the project and to answer questions. The project will include installing traffic signals, adding turn lanes and closing some median crossovers on Hwy. 7. The meeting will be open to the public and will afford an opportunity for anyone interested to state their views and concerns about the design of the proposed project. III CONTACTS: Mark Benson, Mn/DOT Project Manager 593-8530 Dan Vogt, City Administrator City of Shorewood 474-3236 cc: City Council Staff A Residential Community on Lake Minnetonka's South Shore /LI? C.lTY Of SHORfOlOOV I J' 1~.C~COUNCIt:.Ef!;., ! , Y/l ?';)v . ,") d3.2 19~ ~ . MINUTES COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAV 7:3-0 PM CALL TO ORVER The. fut.,A.-,[a...vCoun.e.it me.e:ti.ng 0' t:he. SholL0A1ood CU:g Council. Wa.6 c.i1Ue.d hi olLdeJl. aJ; 2.:~ PM, Monday, l../5p1t). ~, 198t, -in t:he. Council. Cluunbe.1L6 by MayolL Ra.6cop. (J PLEVGE Of ALLEGIANCE ANf) PRAYER MayolL Ra.6cop opened t:he. ~i/~ Councl. me.eting wUh t:he. PLedge. 0' AUe.g.ianee. and a. plLayeJl.. ROLL CALL PlLUe.n;t:~Ra.6COP' Cowr.c..U.me.mbe.1L6 ~c.e.t ~en '---StbVeJl. L.--Gagne ~ Sta." : , ~1Ute.y f lLObeJLg ~-ine.eJl. No1Lh1n ~eJl. Nie.t6en ~. 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FJ~ 0 /" "", ./. .... . . ... /)1-.d-$-' ~ · L .,L; ~ ___~- ~V ~......-,. \,. ~ -r' ~ ~wi.~,~ ~.-~ 'i",~ ~/ ,-.; '" /~ 0v~~ "r I' #' , , ~p T /~ t- d-~ ..Lh ~ ~~ ~1!71....c ~...,.(jG.4 ~', '-4:~ 2ft4:,~ .<=-< r~~~. ~ ./'~ ~ pc ~. 77 ~1? ~ ~ ~.~ .,. . I. v \ '_'f~ -/s: -- <<VI. /'- ~ ~J-.i .~ (~..> ~ r \: -- '7-0~ ')(){1I (}-(l ""."",.. 7'6 ~. ~'O . ~~ .~ t)lt/' VC' tiI ,.- V' I ftISJ I' )~ dJ ~ ff{J'~ ~~~rJ J N -1?",~r ~\~~ ~ 'Dill (otV tI'~' \~ WHEREAS the Governor's Task Force of 1983 directed the Lake Minnetonka Conser- vation District to provide the Lake Minnetonka Conservation District (LMCD) Board of Directors with a plan to indicate direction as to the future of Lake Minnetonka; and A RESOLUTION SUPPORTING THE LMCD AND THE COMPREHENSIVE PLAN FOR THE MANAGEMENT OF LAKE MINNETONKA .~It \' o WHEREAS the Metropo1itn Council's Task Force on Lake Minnetonka of 1986 also directed the LMCD Board to provide a comprehensive plan for the management of Lake Minnetonka; and WHEREAS a scope study for a preliminary plan for Lake Minnetonka was developed and approved in 1987; and WHEREAS other interested agencies have participated with the LMCD in the for- mation of an Advisory Committee on the Comprehensive Plan for the Management of Lake Minnetonka; that these interested agencies are: Gray Freshwater Foundation, Hennepin County Lake Improvement Section, Hennepin Parks, Hennepin County Sheriff's Water Patrol, Metropolitan Council, Minnehaha Creek Watershed District, Minnesota Department of Natural Resources, Minnesota Pollution Control Agency, and the Corps of Engineers; and WHEREAS the LMCD Board of Directors, upon recommendation of the Advisory Com- mittee, directed the consortia of Arndorfer/Barr in March 1988 to develop such a comprehensive plan for the management of the Lake; and WHEREAS the LMCD is seeking funding support on a regional basis for the Comprehensive Plan for the Management of Lake Minnetonka; and WHEREAS to proceed on a timely basis it is necessary that each member city of the LMCD show its support in developing the Management Plan for Lake Minnetonka; NOW, THEREFORE, BE iT RESOLVED, that the City of 1. hereby supports the LMCD in the development of the Comprehensive Plan for the Management of Lake Minnetonka, and 2. hereby supports the LMCD as the implementing agency of the Comprehensive Plan for the Management of Lake Minnetonka. Adopted by the City Council of the City of at its meeting on the day of , 1988. Mayor ATTEST: . Somewhere in California 10 the mid '7Oa a bunch of kids on Aome modified SChwinn Stingray 20" bicycles went out 'Ina vacant lot and created a brand new sport of their very own. Those kids were probably not even the first. The same scene of youthful energy and American resourcefulness was quite probably go. Ing on in Nebraska, or New Jersey. But it was the California gathering of nameless BMX pioneers who were, recorded on film by Bruce Brown's cameras. The resulting motorcycle film, ON ANY SUNDAY, would spread the word like a plague. There was no stopping it now. A new sport created by kids for kids was born. Bicycle Motocross was the name It would be called. That name would be quickly shortened to BMX. It grabbed the attention of thousands of kids in one short summer. It started as boys and girls on mOdlfleQ bicycles jamming through the dirt In im- itation of their heroes - motorcycle motocross racers. Imitation lead to innovation and quickly the kids were performing tricks and "getting air" that made their motor. cycle heroes green with envy. The next step. was organized racing. By 1977 pockets of loosely organized BMX rac. Ing dotted the nation from coast to coast. It was time for a national sanc' tioning body and out of tM. Ividual achievements Is quality time. created the AMERICAN. BMX Is a participation sport. Every ASSOCIATION. child gets to participate and compete. ABA BMX racing la a eport of yout~ ,.; No one sits on the bench and no one achievement and t.... American faml~,,',ttts cut from the team in BMX. While the young boy or girl 8MX racer," It Is the duty of the ABA to develops his skills at his own Individual establish rules of racing that provide fair pace, he learns that everyone wlOl~ and competition and fun family entertain- also loses, but always tries again. The ment to all of its 65,000 plus members. racer's family learns that time spent To that, the AMERICAN BICYCLE together in support of the child and ,his ASSOCIATION is dedicated. lOW COST FAMilY ENTERTAINMENT For the large majority of par. tlclpants BMX becomes a form of week. ly family entertalnmt.,t. The avera~ $7.00 entry fee Is good for, a, full ~nlng of racing fun fo~ tt\ef.,nIIV,t........ I. YlQ .pect.tor fee 'at, BMX,'tracks.nd everyone Is welcome to ~ and ctuHtf' on ttleyoung racer In thef.mily. For the beginner the ABA offers. 30 day membership fOl'$$.oo. This "get started"membershlp ,"lUreS the rl~,. of being properly Insure<:t _ allow. the racer to try BMX at a ve(y lOW cost. The annual te. for full ABA membership 11$25.00. As a full ABA member, a racer receives a complete membership kit which Includes a number plate wit" his assigned racing number, amembe,..hlp card which en. tltl..l'\lm~~ _to rlCl!at any AlA track natlOnwlde."AiA.AuleboQk wUh <<;amplete racing n.'" IOd8$lOrted sUckers. As an ABA member the racerwlU receive the monthly new8paper, AMERICAN BMX8r.The AMERICAN BMXer Is P40ked with news, racing coverage-and rider interviews. It keeps every ABA member up.toodate on all the upcoming events and races. In each Issue of this newspaper listed under the racer's district and name will be his or her current distriot points. It Is from this dlstrlot point ranking that a rider will earn his racing number for the next season. AI an ABA member the rider is In- sured with secondary medical In- surance. The rider Is also eligible for speCial discounts, awards and benefits thro~~oU~~~~p~~~t "tM.i to get ,W.HO WILL' 1 ::=~~:tB~:I~:~=:~~~";' C~.: AGAIN.$1? BMX type blcycl. that wlU wort( fine.lf. ,...-.tn.,,,"'._ not, used bicycle. are .valllblt ~from . ,"'...... _ . . . local bike shops orCII18ifted'adi:The;:~i.b lUX' ttde,...... . only other additional equIpment a racer ~ ~~,;and'wm ....... 'tQJIn..Ottlet'. will need Is a helmet. BMX 'a high quail.". novloel the same or close to the seme ty fun for a low bUdgerprlCe.' age. ."V ,. . """" .'" Age cia.... In BMXare one year at a tlme. Beginning with the 5 year old and unQer c..... ,t. 7 and conU.,b\tOlt to 11 year old and over. . A beginning rider wlU compete In . the ROYlee skill level until he hu won three races within his same birthday year. .when he has three wins he then becOmes an intermediate. If the rider hu a birthday befo.. obtaining three wine his win count wlU start over at zero. YOUR FIRST BMX,';Ua~I.'~:' ::;~ IT'S. EASY HOT TIPI Ask your track operator about: practice nights, beginners nights or special beginners races. OettIng started In BMX Is as easy as It Is funl i" _II !~:r'~>; ., When you arrive at a BMX track for your first race there are a few things you should have. First Is a 20" bicycle with fenders, chain guard and kickstand removed. Next is a helmet. Some tracks have one they can loan you for the day, but It's best to have your own. Also, you must have three pads on your bike. They are the frame bar pad, the gooseneck pad, and the handlebar crossbar pad. A long sleeved shirt or elbow pads are also required safety items. Once you have your equipment together It's time to go see the track operator. He can assist you In making sure your bike Is safe and race ready. He will also be the one who will sign you up with either a temporary ($5.00) 30 day or a full ($25.00) year membership. With all that taken care of It's time to sign up for today's race. At registra- tion there will be sign up forms and pen- oils. Fill out the sign up form with your age, class (whiCh is novice), bike number (the number on your number plate), yc)Ur serial number (you will get that later when your new membership oem arrives in the mail), and your name. Tum the form in and pay your entry fees. Some tracks will give a first race free for a new member. The next thing that happens Is the posting of the moto &heets. Moto .heets show the racers which race they are In and who they will rac. against. When you look at the moto sheeta and find your name you need to locateth. moto number and remember It. Now It.. 11m. to head to staging. When the atager calls this number It will be t4me for yOu to go up the starting hili 10 race. The stager will cail your name and a number. The number Is what lane YOU witl start In. If you have a question as to whe.. your lane Is just ask the stager to help. Once you are in the gate the rest Is up to you. 6 novice Ilnttr. IS ppert a novice is Inter. a expert 7 novice 7 Inter. 1 expert 8 ftOYlce 8 Inter. 8 expert 9 novice e Inter. 9 expert 10 novice 10 Inter. 10 expert 11 novice 11 Inter. 11 expert 12 novice 12 Inter. 12 expert 13 novice 13 inter. 13 expert 14 novice 14 Inter. 14 expert 15 novice 15 Inter. lS expert 16 novice 16 Inter. 16 expert 17 novice 17 inter. 17 expert 6 & under girls 7 girls S girls a,lrl8 .. 10 girl, 11 glrla 12 girls 130lrl8 14 girls 15 & overOlri. 10 & under cruls.r 11 cruiser 12 crulaer 13 cruiser 14 cruiser 15 cruiser 16 cruiser 17.21 cruiser 22.30 cruiser 31-40 cruiser 41 & over cruiser A pro AA pro Pro cruiser BMXers FIGHT LEUKEMIA AND REMEMBER TODD KINGSBURY In 1981 Todd Kingsbury was a 12 year old BMX racer from Michigan. Todd loved his cho"n sport and was very good at It. He d~td of some day, when he was older, becoming a BMX ~ .; TOdd'l<t.Mi'mwer eam.'....'.. was thateame wet, 1881,thllt'lbCld learned he' hid leukemia. When'.lbdcfa BMXfrlendland the ABA leamed Of Todd's fight agatnartbl. kilter dl.... It was decided an organiZed effOrt $hould be made"to help 'TOdd In ".e "Race forL.lf.." OVer 130 BMXtrack$ helped raise funds for the leukemia Society of America In the first "Todd Kingsbury, leukemia Race for Life," Since then the "Race for Life" ha. become an annual event In Todd', . memory. Thousands of BMX8rs across the country compete In this very special The ABA offers several levels of competition - local, state, district, regional and national. One of the first steps up this competition ladder is to participate in the State Championships series. In this series racers have the enjoy- ment of competing at tracks all over their home state for the title of State Champion. Each track in the state will EARNING A LOW DISTRICT NUMBER One of the greatest rewards for a BMX racer besides trophies Is the ~ district racing number he earns to place on his bicycle. A racer earns district points every time he races. The rider receives one district point for each rider In his clus. In the main event the rider will earn additional points for his flnl.h. These pOints are complied during the racing 8eason and printed monthly In the AMERICAN BMXer.At the end of the racing season the rider's earned number will be awarded according to his final ranking in the district points stand- Ings. That number, whether It Is 200 or the ultimate 1t1, is his and his alone. No one else In his district can ride that number. "Rae. for LU':' Each participant rec.lve. a epeel., award, but molt of at. he recelvet th8 great '....ng that only comes from helping othera. FUN,COLORFUL AND SAFE '. have on8 qualifier. At these q..,a1lflers racers earn state points. The aeries culminates with a State Championship race. Points from a racer's best three finishes at qualifiers are accumulated with points earned at the State Cham- pionships. The racer earning the most points in his age group Is awarded the State Champion title and will proudly wear the State Championship jacket. One trip to a BMX track and It Is ob- vious to teU that everyone is having a great Ume. BMXls an eXCiting and Col- orfulactlon sport. And It Is safe. Statistics prove that BMX is the safest of all the action youth sports. A BMX rider Is required to wear his safety equipment every time he Is on the track. The rider must wear a helmet, long pants and long sleeves or elbow pads. Track operators also help the racer inspect his bicycle so that it will be safe for competition. Safety comes first at every track. Experienced flrst.ald people are always on hand to care for the racers. DISTRICT POINTS NOVICE 1st 25 points 5th 10 points 2nd 20 pOints 6th 7 points 3rd 15 points 7th 5 points 4th 12 points 8th 3 points Plus one point for each rider In your olu. INTERMEDIATE 1st 50 points 5th 20 points 2nd 40 points 8th 15 points 3rd 30 polnta 7th 10 point. 4th 25 points 8th 6 P91"1I Plus OM polntfor~h.d~. In your 01... ... .... EXPlRT 1st 100 points 5t1l4() polrU' 2nd 80 pOints 6th 30 point. 3rd 80 points 7th 20 point. 4th 50 point. 8th 10 point, Plus one poInt for Neh rider In your class w w w A w a: '-!2 a: u. 0 ! ~i!b. U. CI) 19'co .a -"C o ~ et.g; . Q. CI) a.~ a 1ft8E i~! ~.,. il;'w WD.. C W a: M.' cr: u.'.... >i " ~ MAY 22, 1988 Honorable Mayor & City Council Members of Shorewood Dear Honroable Mayor & City Council Members, 1. Returning the Shorewood BMX track to an ABA sanctioned track. The ABA has always been the stronger and governing sanction and an all out effort by Dave Fischer, Hawk Enterprises, and by all track operators and associations to unify the entire State of Minnesota to the ABA sanction has been done. This will return BMX rac1ng back into a fun sport and competitive for each child in their own age group. 2. To promote BMX racing in Shorewood. All Shorewood children will always be able to use the track for practice. Hawk Enterprises, Mr. Dave Fischer will have training sessions for beginners before all races, one hour before registration begins. Hawk Enterprises, Mr. Dave Fischer will have seminars for Shorewood school children at the Elementary level, CMS, and High School if permission is granted by the principals. My goal is to have Shorewood youths represent Shorewood at other tracks and hopefully at National races held in other states. 3. Hawk Enterprises is an ABA sanctioned operator. Hawk Enterprises operates a fair high quality race whick will help build the local interest once again. Hawk Enterprises will award trophies or plaques to racers from 1st through 8th place for those who qualify in the main event rather than the normal 1st through 4th place. Hawk Enterprises offers a participation award to all non-qualifiers. This gives those children incentive to try again. They do not go away with nothing. Hawk Enterprises philosophy is to return BMX racing back to a sport rather than a money making operation. The entry fee charge of $7.00 will be charged to racers. ALL Shorewood youths can exchange track maintenance for free entries at any single point race. This labor consists of reconstruction of the BMX track, weekly raking, mowing, picking up rocks, picking up litter, water removal after rain days, and general odd jobs. A $3.00 entry fee will be charged for all open classes in addition to the normal class race if a racer chooses to race in the open class. Hawk Enterprises, Mr. Dave Fischer is not into conducting a race for profit, but for the sport of BMX racing. Hawk Enterprises will provide the insurance coverage for all participants, City of Shorewood, spectators and volunteers. $1,000,000.00 limit. Hawk Enterprises has the knowledge, equipment and expertise to conduct a high quality race. We do all the work including registration, scoring, starting, announcing, trash pick-up, crowd control, distributing promotional literature and providing the trophies. .. 4. ABA OTTers a free temporary membership (for 30 days) for beginners which includes a news letter and race insurance. ABA membership fee of $25.00 for full membership-includes insurance coverage for 1 year, membership card and rule book and assigned number and action newspaper. As a full member you will be able to race for both points and trophies in your age class. You may race novice, intermediate, expert or girls. You may race at any ABA track in the United States. 5. Hawk Enterprises will dedicate one of the Shorewood races to Make A Wish of Minnesota. Ther will be a bicycle and afree race to a boy or girl designated by make a Wish of Minnesota. In summary by having Hawk Enterprises be. the track operator at the Shorewood BMX track, it would mean no staff time required on race days, would be of no cost to the city, insurance would be provided, revenue would be generated for track maintenance and improvements and high quality motivational races will be provided. I am very optimistic that my proposal and promotion of BMX racing will bring out many more Shorewood youths who will come and use the safe track made for them rather than unsafe home-made jumps for theri BMX bikes in their neighbor- hoods. I appreciate your considering my recommendations and respectfully request that I be able to proceed with Hawk Enterprises, as a schedule of race dates needs to be approved as soon as possible. ~h~ David W. Fischer Hawk Enterprises 4925 Minnetonka Blvd. # 101 St.Louis Park, MN. 55416 MEMORANDUM AGREEMENT This memorandum agreement outlines the terms and conditions under which Hawk Enterprises, Mr. Dave Fischer will be conducting Bicycle Motocross (BMX) races at the Shorewood BMX Track. 1. A BMX video and seminar will be provided at the Shorewood schools, Elementary, CMS and High School for future racers and their parents. 2. Training sessions to be held for new Shorewood beginning racers one hour before registration begins at every race scheduled at Shorewood. 3. A Make a Wish of Minnesota race wil be dedicated at one of the Shorewood races for a bicycle and a free race to a boy or girl designated by Make a Wish of Minnesota. 4. A Certified Emergency Medical Technician or First Aid Person will be in attendance during all scheduled races. 5. No sale of tobacco or alcoholic beverages will be allowed on the track property. 6. No indivudual will be permitted to use the track on race days, unless they have safety equipment, helmet, bike pads, long pants and elbow pads and a long sleeve shirt. A sign will be posted to this effect. 7. All Shorewood youths can exchange track maintenance for free entry fee's at any single point race. This labor consists of reconstruction of the BMX track, weekly raking, mowing, picking up rocks, picking up litter, water removal on rain days, and general odd jobs. Entry fee's of $7.00 will be charged for class and $3.00 for open classes will be charged to all other racers. 8. Hawk Enterprises will award trophies or plaques to racers from 1st through 8th place who qualify for the main event. 9. All non-qualifiers will receive a participation award. 10. The Shorewood BMX track will be a ABA sanctioned track and will operate only ABA sanctioned races. 11. Hawk Enterprises will provide a portable toilet at the Shorewood BMX track. 12. Spectator cars will be parked in the proper designated areas and proper crowd control will be provided by Hawk Enterprises. 13. Evidence of Insurance to be filed with the Shorewood Park Director, covering spectators, BMX racers, City of Shorewood and volunteers assisting in conducting the races. A $1,000,000.00 limit will be provided in this policy. 14. A monthly report will be provided to the Shorewood Park Director as to the operation of the Shorewood BMX Track. 15. Hawk Enterprises will promote, register, conduct and clean up the BMX track after a scheduled race. A $200.00 clean-up deposit will be given to the City of Shorewood. 16. This agreement shall be in existence for the balance of 1988. In the event the City of Shorewood finds there is excessive vandalism as a result of use of the track or Hawk Enterprises is unable to exert control over those who view the races or participate, the terms of this agreement are violated and the City of Shorewood shall be entitled to revoke use of the track. 17. Any use of the facility by Hawk Enterprises other than authorized here in or agreed to by the Shorewood Park Director shall result in an immediate forfeiture in further rights of Hawk Enterprises to use the same. Sincerely, ~ ~AZ~~ ~ 'W~ Fi scher Hawk Enterprises 4925 Minnetonka Blvd. # 101 St. Louis Park, MN. 55416 " - --iiil -..,-,---- May 17, 1988 i I Dear ABA Track Operatorl The 1 a s t. t i me I s e n tal e t t e r toy 0 u alo n g the se 1 in e s was 0 n January 8, 1988; apprising you of the fact that we had at that time upgraded our insurance to a B+ rated company. namely Essex Insurance. I also informed you that this would in no way end our search for that ultimate A+ company. This letter is to inform you that we have finally done it. Wenow have coverage from Audubon Indemnity COmpany. an A+ XIV company which is licensed in all 50 states. with claims offices in all 50 states. They will bp using a standard policy which, by the way. will offer absolutely no changes in our coverage. We will still have $1 Million worth of coverage per occurence, 365 days a year and 24 hours a day. This policy was put into effect May 15, 1988 and our Essex Insurance policy was cancelled May 16, 1988. We have an obvious overlap in coverage, but that was to ensure coverage for all events that weekend. This company change is on liability insurance only and in no way affects our participant medical coverage with CIGNA. Our secondary participant coverage will still have a $200 deductible with a maximum payment of $3,000, and include ambulance service. Enclosed you may find your new certificate. If however. the certificate does not accompany this letter rest assured it is en route from the insurance company and should be in your hands within the week. We're excited about finally being able to acquire insurance from such a highly rated company. We 0 we this to a good record from the track operators within the ABA. It is your concern for safety during practice as well as races that has made this acquisition possible. I almost forgot to mention the best part - the price per event will remain the same at just $50.00. Thanks again, and please keep in touch as your input is 81ways important to us. p.o. Box 718 · Chandler, Arizona 85244 . (602) 961.1903 PRODUCiR 60WENINSURANCE AGENCY '7007 GULF FREEWAY, 1200 HO~S~ON, TEXAS 77087 , , TIFICATE OF INSURANCE !$$Us DA TS IMMIDDIVV) ~-l5-aet 'nON OHI. V AND CONN'" =r:.~""" '. I ' INSURED AMERICAN BICYCLE ASSOCIATION,INC NATIONAL OFF-ROAD BICYCLE ASSOC. &620 N. NEW BRAUNFELS, 1311 SAN ANTONIO, TEXAS 78217 ADM. OFFICE. P.O. BOX 718 CJ.tANDLER, AZ SHOREWOOD MEMO: TO: FROM: DATE: 5/19/88 Patti Belgeun Ev Beck 1 have received your memo of 5/19/88. 1 know that you will agree with me that City business must come first. I'm unable to meet with you because of the pending audit report and my duties connected with the Council ~eting of Monday, May 23rd and the audit presentation of May 24th. 1 am not delaying dealing with your grievance for any other reason. 1 just want to give it the time and attention it deserves. That is why 1 have scheduled a meeting with you on May 26, 1988. CC: Dan Vogt Brad Nielsen . . , A RESOLUTION SUPPORTING THE LMCD AND THE COMPREHENSIVE PLAN FOR THE MANAGEMENT OF LAKE MINNETONKA WHEREAS the Governor's Task Force of 1983 directed the Lake Minnetonka Conser- vation District to provide. the Lake Minnetonka Conservation District (LMCD) Board of Directors with a plan to indicate direction as to the future of Lake Minnetonka; and WHEREAS the Metropolitn Council's Task Force on Lake Minnetonka of 1986 also directed the LMCD Board to provide a comprehensive plan for the management of Lake Minnetonka; and WHEREAS a scope study for a preliminary plan for Lake Minnetonka was developed and approved in 1987; and WHEREAS other interested agencies have participated with the LMCD in the for- mation of an Advisory Committee on the Comprehensive Plan for the Management of Lake Minnetonka; that these interested agencies are: Gray Freshwater Foundation, Hennepin County Lake Improvement Section, Hennepin Parks, Hennepin County Sheriff's Water Patrol, Metropolitan Council, Minnehaha Creek Watershed District, Minnesota Department of Natural Resources, Minnesota Pollution Control Agency, and the Corps of Engineers; and WHEREAS the LMCD Board of Directors, upon recommendation of the Advisory Com- mittee, directed the consortia of Arndorfer/Barr in March 1988 to develop such a comprehensive plan for the management of the Lake; and WHEREAS the LMCD is seeking funding support on a regional basis for the Comprehensive Plan for the Management of Lake Minnetonka; and WHEREAS to proceed on a timely basis it is necessary that each member city of the LMCD show its support in developing the Management Plan for Lake Minnetonka; NOW, THEREFORE, BE IT RESOLVED, that the City of 1. hereby supports the LMCD in the development of the Comprehensive Plan for the Management of Lake Minnetonka, and 2. hereby supports the LMCD as the implementing agency of the Comprehensive Plan for the Management of Lake Minnetonka. Adopted by the City Council of the City of at its meeting on the day of , 1988. Mayor ATTEST: CITY OF SBOREWOOD PAB C<HIISSIOII MEETIRG HOBDAY, KAY 16, 1988 PAllK & COURCIL CHAMBERS 5755 COURTRY CLUB ROAD 6:45 PM HIRUTES The Park Commission was scheduled to meet in Hanor Park at 6:45 PM. Those who appeared at Hanor Park were: Commissioners Christensen and Weatherly, and Deputy Clerk Riccum. They then returned to City Ball. CALL TO ORDER Chairman Vogel called the meeting to order at 7:50 PM in City Hall. ROLL CALL Present: Chairman Vogel, Commissioners Jakel (7:50), Christensen, Weatherly, Lindstrom (8:20); Park Staff Representative Niccum; and Council Liaison Brancel (9:35) Absent: Commissioners Andrus (called), Laberee (called) REQUEST TO USE BHI TRACK FOR RACtRG Dave Fisher of Hawk BM.X appeared before. the Commissioners with a request to use the Bmx Track for racing. He explained his reason for appearing at this time. He has been running a track four blocks from Canterbury Downs in Shakopee. The owner of the property has sold it. He is a member of the American Bicycle Assoc- iation and has been on Shorewood's track before. Fisher has also run tracks in Prior Lake and Eden Prairie. He said the track would be non-profit and the proceeds would be pUf back into the track. His racers run in age from 6 to 18 years of age. He pr vides a training session before each race, presents trophies to all participants, and participants must wear a helmet, long sleeved shirt, long pants, and have I a padded bike. He would be running 18-20 races a year. The longest time tak~n during one day would be from 10:00 AM to 4:00 PM. He a~so holds one race ~ year for "Make a Wish Minnesota" and presents bikes. He w1ll have aCMT at a~l races for safety's sake. Fisher also volunteered to furnish a monthly fibancial report to the City if requested to do so. He will appear at the Counci~ meeting on Monday, May 23rd, to present information to the Council and answfr any questions they may have. I He has volunteered tr do the following: do all maintenancle, including picking up track after every race I provide the Sate Illite preset speakers ~ccording to requested decibal level. provide a depositl of $200-250 provide $1,000,000 in insurance I replace starting Igate with one he had made Fisher also goes ar und to schools and promotes racing. Christensen moved, eather1y seconded, to recommend to the Council that they approve use of the M.X track providing that Fisher provides a $200 escrow, to be returned at the nd of the season. Motion carried - 4/0. I -1- -~~---~--f PARK COMKISSION K NOTES MOBDAY, MAY 16, 1 88 page two SPRlBUR SlSTEK i FREEHAR PARK Christensen repor an above ground p the sprinkler on that it would sav will not play on The product is a Osseo. The purch similar to a trai a demonstration f ed on the visit that he, Zdrazil, and Niccum made to look over rtable sprinkler system. . It is the type of system that moves hose from one end of the field to the other. Zdrazil felt a lot of labor time. One of the comments made was that pros field with a built-in sprinkler system due to danger of injury. ainboy Irrigator, the Company is Heinen & Mason, Inc. out of se price is $5600. Tne trailer that holds the hose is on wheels er, and could be used in more than one park. They will give r the Park Commission and Council if desired. Jakel moved, Chri tensen seconded, to recommend to Council that Zdrazil look at other products an~ report to the Park Commission with a recommendation before their next meeting. Motion carried - 4/0. Jakel moved, unanimously. seconded, to approve the minutes as written. Motion carried APPROVAL OF MI cussed sandboxes after a request was received from a resident. Christensen moved, Lindstrom seconded, to recommend to Council that sandboxes, 8' x 16',12' dee, be placed in Cathcart, Badger, and Manor Parks. Motion carried - unanimo sly. It was suggested sandboxes be placed in the shade. MATrERS FROM THE R Snowmobiles in ketlands The Commission ~OUld like to know more about the ruling on "no motorized vehicles allowed in wetlands". Manor Warming ouse/Pavl1ion Christensen felt that the three estimates received should be compared. Niccum explained that the only one acceptable was the one from Western Construction for $ 14,050, ~hat the others did not include roughed in baths or any plumbing, and that the 0 her two bids would cause work by the Engineer and raise the price above wh t the Commission wants to spend. The Commission asks that Planner Nielse~ look at the information provided by Western and see if anything was excluded, r if there are any problems. Manor Tennis Curt Christensen mo ed, Lindstrom seconded, to recommend to Council that Public Works fill in the ho e along the new retaining wall with asphalt, and that they also fill in the ar a where the posts from the old fence were cut off. Motion carried 5/0. -2- PARK cotMISSIOB HOBDAY. HAY 16. page three IBG 988 MATTERS Faml THE FLooa - continued Hanor Ballfield The Commission 1 aves the treatment o.f the Manor Park Ballfield in the hands of Public Works irector Zdrazil. Manor Fence Christensen move , Lindstrom seconded, to recommend to the Council that the fence along the old bo ndary of the newly acquired park property be moved and relocated along the new pr perty line before the stakes disappear and the location of the line is lost. M tion carried - 5/0. Want List Mrs. Vogel sugge said she was awa and suggested th Sand and Timbers The Commission w AD.JOUIBMERT ted that a "Want List" be placed in the next newsletter. She e of someone that had received a riding mower in this fashion, City make up a list of what they need. around Play Areas 11 do something about this when funds are available. Lindstrom moved, Weatherly seconded, to adjourn at 9:50 PM. Motion carried unanimously. RESPECTFULLY SUB ITTED ,. Sue Niccum Park Staff Repre entative IT \! I I i L" i /--~ I r IT: DIii ! i ..... I ,'0 I: 'i'II i Cl I .., I , : , till' r .~ '! I I ,I I i .....1 : I : ' i !,: \ V I i \ T :'! ~ Iii . g! ji ,0 I I i....l iIl"'w.! I ~ ii, I II I i ~' l...ol nl i i ,,a i i. : III ' ~ ~ i " "--'-- , :l- I ,-.... I I " ! i,- I Ii! " I I : .~ I I I J ~ i l! I i I :!~. ! i ii ~f1' ! _ .....' r I! , C"<.~..... : '~;;; .....! !, il'!' '?lCi .... i c..~....... I! i I coO'.... ! _ \.' I I I I!, !,"Oli i I ,"'\ "T i I I I " :.,-\.... ! I ~ /:,\ i I \i I Ii ii : ;: I : . ~ '~- j ! ..... I j [ ! ! . if\, ~ I ..... !... I !! I 1 . '_I t I I ' 1\ M ,.,. , ! :: i' ; \Ai I' ~ I : I ..... 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'-= \::'j '<:'x:.: .s ~ Ii Il ,. I I l l.j I I 1 [I .\ I I 'il {>, ) ~ \ <XlI ~ ~~ ~ ~ ~ ~~ ~. ~ ~' ~... I 1~,1 I ip I i - I I -I' , .....' ~ · '\. l-...t ~ ~ '~t~ 05: ~ ::::: ,~ .,L' ~i i I '-......: : --~ .~ i~ : .~ , I ti l'i I I "'-I ~I '~" '.....~~'~l~! ~Ir:.~ ~=~0:l ~ I-- ..~. ~ 1> ') ''\. ~ ""~ u..... ~; ~ ~ ;::! ~ T i Nt;~! g}: ;!i! ~ ~: ~r ~ ~,. ~, ! i i i ~ . I ! f , . . I It"\. ',~ . -q') -- w ,,' ~ , ... ... '"' s:: ,....""" s ~ ~~ ~ ... >C"\ ......" Vi ..; r.: ;\ \ 'Ill:'i ~ ~ 0..;: ~ ; \;;..'\ \- ~~ I.) ... " ~ \ , "-.J ':7'", .City ,,' I ~ ~ "" , Iii: ,c::l ..... .' -.;,;.,' \ I .. !" ~ "VI ..... iI: t"'I ~..... -....s _ ... \ , t \ \ \1\ C"l " \i '.11 ... " I t7~ ./ 1,1'1 :\"'1 " n..;;; '\: 7 -,I ....... ~.Il n \. J ..~ '~ " "l .c:- ..li I . : ! ! ! , fl ~ ( I i I I I I i I ,i !r. "" \.lI I , I I : i I i i I ! t ! ! I I I : ! .~ i 1< -... I iV. t i J}vlS Ii I I il II I I: 11 ;; 1 . -MAY 2 3 \988 SCHOENWETTER COMPANIES 5353 (iambl,,' Drive Parkdalc IV 11307 Minncapolis. MN 55-U6 612 591-19M1 May 20, 1988 Mr. Brad Nielson CITY OF SHOREWOOD 5755 Country Club Road Shorewood, MN 55331 Re: Galpin Lake Woods Dear Mr. Nielson: Pursuant to our recent conversation regarding the above referenced development, we are yet contemplating installation of city water. However, time is of the essence. Our concerns with installation of public water versus private wells is simply cost. At this time, the economic val1,1e of this water improvement cannot be justified and we fear that this contem- plated request may, as have previous issues, offer signifi- cantly difficult hurdles and decisions will be protracted by unrelated issues. I would appreciate a "quick fix", thus both you and I will know where we stand. We estimate cost(s) associated with installation of water to this development at upwards of $70,000. If the city could see a way to the following concessions, I would be inclined to pursue these improvements: 1) Waive the requirement for concrete curbs at Galpin Lake Woods. 2) Reimburse developer within one (1) year for the fire hydrants installed outside of the development (approximately four (4)). 3) Waive the hook up fees due city $2-4,000 per lot for water, and we, as developer, would waive any credits due for hook up on lots withi,ldevelopment. JMS Equiti"..1 SchuenhaU Ltd. I Prima Properties Schana Investment. I Park.. PI~e Partnenhipl Schuenland .,. -. ;: :.- ;~ Page Two May 20, 1988 Re: Galpin Lake Woods 4) Establish an equitable reimbursement arrangement for developer and city to run for 10-15 years This would partially reimburse or credit developer for some of the extraordinary expense contemplated herein. This "agreement" should give consideration to: a) capacity of new line, b) number of potential future hook ups or users, c) oversizing expense. 5) Permit developer and developers lender to enter into an "alternative security agreement" with city in lieu of a letter of credit for improvements associated with Galpin Lake Woods. I am certain that the future tax value of Galpin Lake Woods, as well as surrounding neighborhoods, would be sub- stantially enhanced by the city and developer working as a "team" on this issue. I know the safety, fire and health benefits precede this request. Sincerely,. . S- J2~ho~tter President ~ ~- JMS EQUITIES, INC. JMS/rn FROBERG & PENBERTHY, P.A. A TTORNEYS A T LA W Glenn Froberg James G. Penberthy Paul B. Ahern 17736 Excelsior Boulevard Minnetonka, Minnesota 55345 (612) 474-8877 May 13, 1988 H. Ke 1 sey Page, Esq. 5101 Thimsen Avenue Suite 200 Minnetonka, Minnesota 55345 (C (Q)fPV BE: Lovri en v. Ci ty of Shorewood Dear Mr. Page: In response to your letter of May 10, 1988, I have requested Ms. Sandra Kennelly, Shorewood City Clerk, to attempt to locate any handwritten notes she may have concerning City Council minutes for the following dates: ~ vtI9/87 ~/87- -v6/8/87 c)i-l-22/87 ~/87 8/4/87 ~10/87 ;:2.t;i .I'li..l/t.e, Cbnl' /.lJ, - M *L..f./~-J/J"u"~}J,"? VLL-V~..,..a~ I You:may cal Ms. Kennelly at {he Shorewooo City Hall during the week 9f May 16 and make arrangements directly with her for reviewing and copying these notes. Please t~ll me when I may expect to receive a copy of the Of stead trust instrunent which I requested at the deposi tion of Mr. Of stead on February 24, 1988. P.A. /....''(J; y~ . O.p~~L~ ct-t,bn..-e ~ /?U-~~ ({~h<d^ dujY) C7L ~~ 24, Very truly yours, enn oberg Attorneys for the City of Shorewood GF:mlM / cc: . Sandra Kennelly/"