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082288 CC Reg AgP I~".....- :r ).. , CITY OF SBOREWOOD REGULAR COUNCIL MEETING MONDAY, AUGUST 22, 1988 ~ 'I .. COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. AGENDA CALL TO ORDER A. Pledge of Allegiance B. Roll Call Brancel Mayor Rascop Haugen Stover Gagne ~ ./ & 1. APPROVAL OF MINUTES A. Regular Council Meeting - August 8, 1988 (Att.No.lA-Minutes) 2. MATTERS FROM THE FLOOR A. B. 3. COMMISSION REPORTS A. Planning Commission Reports B. Park Commission Reports 4. CONSENT AGENDA A. Appointment of Primary Election Judges (Att.No.4A-List of Judges) B. Approval of Contract for 1989 Assessment - Rolf Erickson (Att.No.4B-Staff Memo) C. Change Order No. 1 - S.E. Area Water Tower (Att.No.4C-Change Order as discussed at August 8, 1988 Council Meeting) 6 to-8e D. Request for Letter of Credit Reduction - Brentridge (Att~No.4D-Staff Memo) (~ A C:/Lv(,/ '--/ ~ '"- -1- ~~~~t/X/./~ ). Alii ~ . '/ ) '1 ~ -/,-/ .~~ $ 'j . ~....~, & AGENDA - MONDAY, AUGUST 22, 1988 PAGE 2 .. i ... 5. C.U.P. FOR GARAGE IN EXCESS OF 1000 SQUARE FEET-VARIANCE FOR ACCESSORY SPACE TO EXCEED THE FOOTPRINT AREA OF THE PRINCIPAL STRUCTURE -- Applicant: Tom Swanson Location: 25405 Smithtown Road (Refer to: July 11, 1988 Council Packet-Continued) 6. REQUEST FOR PAYMENT FOR WATERMAIN OVERSIZING - BRENTRIDGE (Att.No.6-Staff Memo) 7. STAFF REPORTS A. Attorneys Report 1. Amendment to Development Agreement- Marcus Development 24365 Smithtown Road (Att.No.7Al-Development Agreement and Draft Resolution) 2., Status Report on Henney Lawsuit 3. Status Report on Wedgewood Drive Easements B. Engineers Report 1. Water Tower Color Change 2. Approval of Plans and Specifications - City Buildings/ Badger Field Watermain Project No. 88-3 3. Status Report - Shady Island Bridge Repair C. Planners Report D. Administrative Report 1. Set Date for Budget Hearing c:l. L&~ ~ ~ ~<l4 .y',~ . (~~!l- ~ scJ g. MAYOR AND COUNCIL REPORTS A. B. 9. PAYMENT OF CLAIMS AND ADJOURNMENT -2- " " CITY OF REGULAR MONDAY, ~. "" "'"-:.I- SHOREW · "~.~'""- COUNCIL"." 'EETING AUGUST 8, 1988 .... .......... " .'!J, ,'t" ~(' ,..,-J:..........;(I~~ ~,.~~ ~." "" ) CO _" HAMBERS 5755 C h TRY CLUB 7:30 P.M. ROAD MINUTES CALL TO ORDER The Regular Council meeting of the Shorewood City Council was called to order at 7:30 P.M., Monday, August 8, 1988, in the Council Chambers by Acting Mayor Brancel. PLEDGE OF ALLEGIANCE AND PRAYER Acting Mayor Brancel opened the Regular Council meeting with the Pledge of Allegiance and a prayer. ROLL CALL Present: Councilmembers Acting Mayor Brancel, Haugen, Stover and Gagne. Absent: Mayor Rascop. Staff: Attorney Froberg, Engineer Norton, Administrator Vogt, Planner Nielsen, Clerk Kennelly. APPROVAL OF MINUTES Gagne moved, Haugen seconded, to approve the minutes of the Regular meeting of July 25, 1988, as amended page 2. 4 ayes Gagne moved, Haugen seconded, to approve the minutes of the Special meeting of July 19, 1988, as written. 4 ayes Gagne moved, Haugen seconded, to approve the minutes of the Special meeting of July 20, 1988, as written. Roll Call Vote-4 ayes Haugen moved, Gagne seconded, to approve the miuutes of the Special meeting of July 28, 1988, as written. Roll Call Vote -4 ayes PLANNING COMMISSION REPORT Stover attended the last Planning Commission meeting and will report on their actions as the Council reviews those items. CONSENT AGENDA S.E. Area Water Tower-Approval of Payment Engineer Norton recommended approval of Payment Voucher #5 of Project #86-lD, S.E. area water tower to CBI Na-Con, Inc. in the amount of $85,771.50. Garbage Collectors License-MJA Sanitation Administrator Vogt recommended issuance of a Garbage License to MJA Sanitation as a new collector. All terms of the license has been complied with. -1- 1# COUNCIL MINUTES~DAY, AUGUST 8, 1988 ~ PAGE 2 CONSENT AGENDA - Continued Siqn Permits - Our Saviour Lutheran Church - Jeff Kakach-6000 Chaska Road Planner Nielsen has recommended approval of a temporary sign, with portable billboard from August 15 through 19, for the Church's day care at 23290 State Highway 7. He also recommended approval of a permanent slgn of less than 20 square feet as requested at 6000 Chaska Road. This sign does comply with City Code. Haugen moved, seconded by Stover to approve the listed items on the Consent Agenda. Motion carried - 4 ayes by Roll Call Vote DSCUSSION OF ACCESSORY BUILDINGS Stover reported on the Planning Commission discussion of the deter- mination of allowable accessory buildings. The current formula is determined from the principal structures "foot-print." They dis- cussed "housing styles" that would consider living space as calcu- lated oy the building code. The Planning Commission DOted 4-3 in favor of not changing the current Ordinance. Only tw~O~ances have been requested exceeding the allowable space. They did not feel that warranted a change in the Ordinance. Haugen moved, seconded by Gagne to accept the Planning Commission's recommendation to leave the Ordinance on accessory space as it exists. '. Motion carried - 4 ayes. ORDINANCE AMENDMENT - REZONING PORTION ORDINANCE No. 211 OF REGISTERED LAND_SURVEY #1 FROMR-lA TO R-IC A request was received from Susan Sano to have the City rezone her property at 5685 Howards Point Road to R-IC. She thought that her property had been rezoned when the Brentridge subdivision was re- zoned. The City also contacted the owners of 5665 and 5675 Howards Point Road to obtain interest in being lncluded within the rezoning. The Planning Commission unanimously approved the rezoning. Haugen moved, seconded by Stover to approve the first reading of the Ordinance amendment as requested waiving the second reading. Motion carried by Roll Call Vote - 4 ayes COMPREHENSIVE PLAN AMENDMENT - PREAPPLICATION A presentation was made to the Council for an 83 unit retirement re- sidence along Highway 7 and Riviera Lane, by Joyce Merwin and Scott Duffney of Duffney Construction. Ms. Merwin stated that the average age of the residents would be over 60 years old. She compared re- sident capacity, vehicles, traffic, police activity and parking of this project to a 30 unit apartment complex. The building would provide a sprinkling system, emergency vehicle turn around, a dining room one meal a day service plus a lunch box, available nursing, community area, video theater, swimming pool and jacuzzi. The pro- posed location is benefited by the Shorewood Shopping Center and the Sullivan Center. -2- COUNCIL MINUTES.MONDAY, AUGUST 8, 1988 PAGE 3 . COMPREHENSIVE PLAN AMENDMENT - PREAPPLICATION - Continued Nielsen stated that the purpose of the preapplication meeting is to present the developers ideas and for the Council to determine the merit of the project. Stover stated that the Planning Commission was in favor of the basics of the project but felt the building was too large and the density was too high. Residents spoke opposing the use of the property for high density elderly housing stating that the use should be single family housing as is the current use of the area. Concerns for property value and the lack of a sufficient buffer in the area of the service entrance, and the height of the building were stated. Acting Mayor Brancel stated that complete public comment would be taken when a public hearing is held. Stover stated that the Comprehensive Plan provides for 3-6 units per acre for that area. Council supports the Comprehensive Plan. The Council suggested that there .lIay be a more suitable area in the City for this project. (Council Break 9:21 P.M. 9:25 P.M.) DENIAL OF REQUEST FOR SIGN PERMIT - CARLSON CLIPPERS A request was'made for a sign permit for Carlson Clippers at 6140 Lake Linden Drive. The Planner reported to their non compliance with the C.U.P. to remove an existing garage and an unapproved new parking lot. No compliance or response to the Planners request to remove the garage and submit a new site plan showing the upper parking lot has been received. Haugen moved, seconded by Gagne to deny the request and to reapply after compliance to the Planners recommendation have been addressed. Motion carried - 4 ayes. BRENTRIDGE STREET LIGHTING REQUEST Administrator Vogt has contacted developer Dave Johnson, N.S.P. and the petitioners opposing the street lights for Brentridge. He informed them of a revised street light plan that asked for two interior lights as opposed to the original request of five lights. Mr. Gay would like the two interior lights placed closer to the center of the project, not as N.S.P. has recommended. Gagne moved, seconded by Haugen to approve the two light installation in the location as recommended. Stover felt that these lights affect- ed residents outside the project that were opposed to them. Motion tied - 2 ayes - 2 nayes (Brancel and Stover). Vogt stated that N.S.P. has to have an answer in order to install cable at this time. They will not run cable unless they also install lights. Lines will be very expensive if they are installed after the -3- COUNCIL MINUTE~ MONDAY, AUGUST 8, 1988 . PAGE 4 BRENTRIDGE STREET LIGHTING REQUEST -Continued development is completed. Haugen moved, seconded by Gagne to reconsider their motion, 4 ayea Haugen moved, seconded by Gagne to allow the installation of the two interior lights as suggested by N.S.P. Motion carried-4 ayes REQUEST FOR BMX TRACK CONTRACT Brancel moved, seconded by Haugen to reconsider the motion of May 23, 1988 authorizing the use of the BMX track at Freeman Park. Motion carried-4 ayes Haugen moved, seconded by Brancel to deny issuance of the BMX contract with David Fisher due to an unsigned contract and incomplete infor- mation on the application. Motion carried-4 ayes Mr. Aire Visser requested that the City allow him to sign the contract. Council told him that he should present his request to the Park Commis- sion for their recommendation. .... Mr. Fisher stated that he did try to sign the contract and it was not available. He has spent $4000.00 in the track and it is ready for racin~ Wlless a race can be held this week, the riders will not be eligible for the State championship. The interest is strong in Shorewood and is apparent by the volunteer interest and help given in the preparation for the track opening. He would like the contract with Mr. Visser signed and he would train Mr. Visser the track opera- tions. Brancel doesn't feel the Park Commission is in favor of open- ing the track this season. Mr. Visser stated that he is an area worker, has a son who is a rider and has been investigated by the police and would like to sign the contract with the City on behalf of the BMX Association. Council would like reapplication made to the Park Commission. The contract was not available for signing until the police background check was completed. The check recommended not to approve the applicant. STAFF REPORT ATTORNEYS REPORT Public Hearinqs Procedures Froberg submitted procedures from the handbook for Minnesota Cities for the Councils review. Haugen asked about adjourning the Regular Council meeting in order to open a public hearing. Froberg stated that this was not needed. -4- COUNCIL MINUTE~ MONDAY. AUGUST 8. 1988 ~ PAGE 5 STAFF REPORT - Continued ENGINEERS REPORT Water Connection to City Building The Developer of the site at 24365 Smithtown Road has informed the Engineer that they would like to proceed with the water installatior along their north and east lot lines. Froberg stated that he has spoken to the Developers Attorney and he understands that the Devel- oper is undertaking the project at their own risk and the City has no obligation to purchase the eiu.elll~u't. The City can come to an agreement on the water line at a l~te~~d~~e. ~__{'(l__-<:> aJ-Vc--,,-'__' . Engineer Norton has discussed a line extension to Country Club Road. A plan profile will be sent to the Developer. He is proceed- ing with the plans and specifications as directed. Control Panel and Signal Transmission Norton informed the Council of an increase in price from the 1987 cost. He will reduce the purchase from three radios to 'two_and prepare a change order and return for approval. The final figures will be calculated and discussed with the Developer in the S.E. arec Shady Island Bridge Repair Braun Engineering has estimated a cost of $2,500.00 to do soil and ultra sound tests on the Shady Island Bridge. Norton has I discussed the repairs with the County Engineer. Vogt also con- _(J/::~<_,_ta~t_~9_ the . Cou~ regard~ng availab17 funds or grants for /' /?ljJ" ,f'--[:J>' these repalrs. Hennepln County Ald for road lmprovements and f/1 v, /' t Federal assistance is available for bridge replacement. The Federa] assistance funds have a three year waiting list. Council directed Norton to continue with plans and specifications and to get on the Federal assistance list. Water Tower Update The Council has agreed to retain the water tower color of two tone blue. Norton feels the water tank should be filled by September 1. Council questioned the accessibility to the water tower stairs. Norton stated that the tower door is locked unless someone is there working in the tower. ADMINISTRATORS REPORT Financial Position The position has not been filled. The bookkeeper feels that the work is up to date. Council directed Vogt to hire a job search firm to fill the positior -5- COUNCIL MINUTES.ONDAY, AUGUST 8, 1988 . ~GE6 STAFF REPORT- Continued ADMINISTRATORS REPORT Petition for Water Extension . . A petition was received from Mary Jo Roberts to have the Council consider a water extension on Covington Road. She doesn't agree with the Council's policy of cost being covered by the petitioners. A more equitable manner of payment should be considered. The City should carry the portion of cost when residents do not connect. She also doesn't feel the current $4,000.00 connection fee is acceptable when petitioners may have to pay $10,000.00 for the same benefit. Council directed Vogt to inform Mr. Roberts that the Council has not changed their current policy. Glen Road/County Road #19 Drainage Meeting A meeting is set for August 16, 1988 at 7:00 P.M. at the Tonka Bay City Hall to discuss the drainage proposal for Shorewood and Tonka Bay. Brentridge - Letter of Credit Reduction Dave Johnson submitted a lien waiver today and has asked for a re- duction of his Letter of Credit. ,~ Council directed that it be considered on the next agenda. MAYOR AND COUNCIL REPORTS Minnetrista Suit Brancel attended a meeting for Rascop regarding Shorewood supporting Minnetrista in challenging the constitutionality of the bill allowing condemnation being passed as a garbage bill without public comment. The City's Resolution supporting Minnetrista's position is not sufficient. The City must be named as a plaintiff in the suit. Haugen moved, seconded by Gagne to join in the suit as a plaintiff. Motion carried - 4 ayes. Transportation Meetinq Haugen asked for Council's concerns to be expressed at a transpor- tation meeting she will be attending on Thursday. Stover is in favor of public transportation. Haugen stated that area representatives are not in support of light rail along the old railway lines. They don't feel the population of the area warrants sufficient usage. Council does support public transportation. Request for Budqet Amendment - Purchase of VCR and TV Vogt presented a request for consideration of a budget amendment to purchase a VCR and TV. The request came from the Clerk for use in the training of election judges. Other departments would also be -6- .". COUNCIL MINUTES ~ONDAY' AUGUST 8, 1988 PAGE 7 . .' STAFF REPORT MAYOR AND COUNCIL REPORTS - Continued Request for Budget Amendment - Purchase of VCR and TV able to use the equipment for training sessions and cable tele- vision meetings. Haugen moved to obtain cost estimates and available funding for that expenditure. APPROVAL OF CLAIMS AND ADJOURNMENT Haugen moved, seconded by Gagne to adjourn the Regular Council meeting of August 8, 1988 at 9:52 P.M. subject to approval of claims for payment and to hold an Executive Session. Motion carried ~ 4 ayes. EXECUTIVE SESSION - Beck Termination RECONVENE COUNCIL MEETING '- o~ The Regular Council meeting was reconvened at 10:08 P.M. Beck Termination Stipulation Resolution NO~. fiJ, Haugen moved, seconded by Stover to adopt the Resolution ~t~~~~ the stipulation and agreement for the Beck termination. Motion carried by Roll Call Vote - 4 ayes~ . Robert Rascop, Mayor Sandra L. Kennelly City Clerk -7- CHECK NO. 053491 053492 053493 053494 053495 053496 053497 053498 053499 053500 053501 053502 053503 053504 053505 053506 053507 053508 053509 053510 053511 053512 053513 053514 053515 053516 053517 053518 053519 053520 053521 053522 053523 053524 053525 053526 053527 053528 053529 053530 053531 053532 053533 053534 (G&L) (G) (G) (G) (G) (G&L) (G&L) (G) (G) (G) (G) (G) (L) (L) (L) (L) (L) (L) (L) (L) (L) (L) (L) (L) (L) (L) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) . . GENERAL & LIQUOR FUNDS--BILLS PAID SINCE AUGUST 2, 1988 TO WHOM PAID The Bank of Excelsior ICMA Retirement Corp. Child Support Enforcement AFSCME Local #224 City County Credit Union Public Employees Retire Commissioner of Revenue Public Employees Retire Commissioner of Revenue Metropolitan Area Managers Association Void Daniel J. Vogt Zastrow-Nasset Cons., Inc. Bellboy Corporation Day Distributing Co. East Side Beverage Co. Frank's Trucking Griggs, Cooper & Co. Johnson Bros. Liquor Co. Mark VII Distributors Minnesota Bar Supply North Star Ice Northern States Power Void Ed Phillips & Sons Co. Pogreba Distributing, Inc. Quality Wine & Spirits Co. Thorpe Distributing Co. U. S. Postmaster A R Supply Co., Inc. AT & T Alternative Staffing, Inc. American Linen Supply Earl F. Andersen & Assoc. Associated Asphalt, Inc. Bob's Personal Coffee Serv Boyer Trucks Business REcords Corp. Chaska Parts Service, Inc. Gray Gardens Hennepin County Treasurer Hennepin County Treasuer IlUes & Sons Lowell's Automotive PURPOSE Payroll 8/3/88 Fed Fica & Medicare Payroll 8/3/88 ICMA Payroll 8/3/88 Child Support Payroll 8/3/88 Union Dues Payroll 8/3/88 Credit Union Payroll 8/3/88 PERA Payroll 8/3/88 State Withholding Additional Life Insurance July 1988 Fuel Tax MAMA Luncheon Mi leage City Hall Addition Liqour Purchases Beer Purchases Beer Purchases Liquor & Wine Purchases Liquor & Wine Purchases Liquor & Wine Purchases Beer Purchases Misc. Purchases Misc. Purchases Utilities Liquor & Wine Purchases Beer Purchases Wine Purchases Beer Purchases 2nd Quarter 88 Utility Billing Glass Cleaner-Public Works Utilities Temporary Help-Finance Laundry-City Hall & Garage Signs-Public Works Redi-Mix Asphalt-Streets Coffee, Filters, Etc.-City Hall Parts-Public Works Building Permit Forms Starter Motor-Public Works Flowers-Family of Madeline Phillips Sano Rezoning-Property Owners List Prisoner Expense-June 1988 Black Dirt-Manor Park Running Boards-Public Works - 1 - AMOUNT $ 3,998.67 275.00 145.00 97.20 112.00 1,246.95 754.48 18.00 152.52 11.00 64.10 6,584.65 1,018.51 2,346.84 6,216.85 312.60 4,542.74 1,319.15 5,502.82 961.50 910.20 455.17 1,298.22 776.50 843.68 8,651.05 247.45 38.81 6.73 594.00 273.42 328.60 16,682.49 115.20 3.12 170.52 76.56 28.09 31.00 61.00 116.00 83.70 CHECK NO. 053535 (G) 053536 (G) 053537 (G) 053538 (G) 053539 (G) 053540 (G) 053541 (G) 053542 (G) 053543 (G) 053544 (G) 053545 (G) 053546 (G) 053547 (G) 053548 (G) 053549 (G) 053550 (G) 053551 (G) 053552 (G) 053553 (G) 053554 (G) 053555 (L) 053556 (G&L) 053557 (L) 053558 (L) 053559 (L) 053560 (L) 053561 (L) 053562 (L) 053563 (L) 053564 (L) 053565 (L) 053566 (L) 053567 (G) 053568 (G) 053569 (G) 053570 (L) 053571 (L) 053572 (L) 053573 (L) 053574 (G) . . GENERAL & LIQUOR FUNDS--BILLS PAID SINCE AUGUST 2, 1988 TO WHOM PAID MacQueen Equipment, Inc. H.C. Mayer & Sons, Inc. MN Suburban Newspapers Midwest Animal Services Wm. Mueller & Sons, Inc. Munitech, Inc. Northern States Power Orr-Schelen-Mayeron& Assoc Pepsi-Cola Bottling Group South Lake Minnetonka Public Safety Dept. Tonka Auto & Body Supply U S West Communications Weekly News, Inc. Zack's Industrial Cleaning Supplies City of Excelsior Froberg & Penberthy,P.A. Donovan Construction Co. Will's Electric Service CBI Na-Con, Inc. Minnesota UC Fund Commissioner of Revenue Commissioner of Revenue Day Distributing Co. G & K Services Midwest Coca Cola Bottling MN Suburban Newspapers East Side Beverage Co. Mark VII Distributors Minnesota Bar Supply Pepsi-Cola Company PogrebaDistributing, Inc. Quality Wine & Spirits James Grathwol and Evelyn Beck Petty Cash Upper Midwest Regional Conference Bellboy Corporation Griggs, Cooper & Co. Royal Crown Beverage Co. Cash Register Sales, Inc. Jean Sorensen PURPOSE Strobe Light-Public Works $ Diesel Fuel-Public Works Advertising-General Animal Control for July 1988 Tack Oil-Public Works Sewer & Water Maintenance for 8/88 Utilities-City Wide Engineering Fees for June 1988 Pop-City Hall June Booking Fees Parts-Public Works Utilities Advertising Asphalt Remover-Public Works 2nd Quarter Water Attorney Fees for July 1988 INstall Pole for Civil Defense Siren Wiring for Civil Defense Siren Construction Pmt.#5-S.E, Area Water Evelyn Beck-Unemployme~t Balance of June 1988 Sales Tax July 1988 Sales Tax Misc. & Beer Purchases Cleaning Pop Purchases Advertising Beer Purchases Beer Purchases Misc. Purchases Pop Purchases Beer & Misc. Purchases Wine Purchases Settlement for Evelyn Beck Mileage Regional Conference-Brad Nielsen and Patti Helgesen Liquor Purchases Liquor Purchases Pop Purchases Maintenance/Repair Mileage - 2 - AMOUNT 85.00 762.83 91.94 640.30 915.25 4,175.00 2,340.14 25,598.88 57.75 44.02 11.52 132.49 64.32 44.45 1,892.36 5,725.00 700.00 841.83 85,771. 50 500.00 4,348.51 10,313.71 2,279.54 40.00 571. 58 83.50 5,495.55 4,717.40 322.82 314.20 882.81 54.45 9,311.76 28.32 140.00 63.48 3,161.86 62.60 83.15 8.58 CHECK NO. . . GENERAL & LIQUOR FUNDS--BILLS PAID SINCE AUGUST 2, 1988 TO WHOM PAID PURPOSE AMOUNT 053575 053576 053577 053578 053579 053580 053581 053582 053583 053584 053585 (G) (G) (L) (L) (L) (L) (L) (L) (L) (L) (G) Kent Adams Metropolitan Waste Control Quality Wine & Spirits Griggs, Cooper & Co. Bellboy Corporation Johnson Bros. Liquor Co. Minnesota Bar Supply Ed Phillips & Sons Co. Royal Crown Beverage Co. Waste Management-Savage Cronstroms Heating & Alc Ref. of Escrow for Removal of Bldg. $ July 1988 SAC Charges Wine & Beer Purchases Liquor & Wine Purchases Liquor Purchases Wine Purchases Misc. Purchases Liquor & Wine,Purchases Pop Purchases Waste Removal Refund of HVAC Permit-Property Not In Shorewood Total Liquor Total General TOTAL - 3 - 1,000.00 5,445.00 720. 71 879.61 2,330.70 170.39 430.44 906.12 52.40 30.00 67.52 $ 74,406.99 177 , 776 .39 $252,183.38 . . GENERAL & LIQUOR FUNDS--BILLS PAID SINCE AUGUST 2, 1988 CHECK. NO. TO WHOM PAID PURPOSE AMOUNT PAYROLL 202317 Void $ 202318 (G) Daniel J. Vogt 80 Reg Hrs 1,078.88 202319 (G) Sandra L. Kennelly 80 Reg Hrs 744.59 202320 (G) Susan A. Niccum 80 Reg Hrs 483.30 202321 (G) Anne P. Latter 80 Reg Hrs 366.94 202322 (G) Jean M. Sorensen 80 Reg Hrs 547.45 202323 (G) Bradley J. Nielsen 80 Reg Hrs 862.30 202324 (G) Patricia R. Helgesen 80 Reg Hrs 640.07 202325 (G) Charles S. Davis 82 Reg Hrs 2 On Ca 11 577 .26 202326 (G) Dennis D. Johnson 82 Reg Hrs 2 O.T. 665.80 202327 (G) Daniel J. Randall 80 Reg Hrs 661.36 202328 (G) Howard V. Stark 82 Reg Hrs 2 O.T. 579.20 202329 (G) Ralph A. Wehle 80 Reg Hrs 525.47 202330 (G) Donald E. Zdrazil 80 Reg Hrs 856.03 202331 (G) Joseph P. Lugoswki 84.25 Reg Hrs 4.25 O.T. 675.53 202332 (L) Russell R. Marron 80 Reg Hrs 522.05 202333 (L) Robert F. Nash 3 Reg Hrs 14.78 202334 (L) Christophe Schmid 39 Reg Hrs 154.12 202335 (L) Donald Tharalson 15.50 Reg Hrs 82.15 202336' (L) Ross Nasset 32.50 Reg Hrs 141.81 202337 (L) John F. Thompson 16 Reg Hrs 78.80 202338 (L) Michael J. Koebensky 50 Reg Hrs 221.15 202339 (L) Brian D. Jakel 28 Reg Hrs 127.84 202340 (L) John F. Josephson 16 Reg Hrs 76.30 202341 (L) William F. Josephson 80 Reg Hrs 569.92 202342 (L) Dean H. Young 80 Reg Hrs 524.15 202343 (L) Scott B. Bennyhoff 33 Reg Hrs 161.51 202344 (L) Scott M. Bartlett 33 Reg Hrs 153.56 202345 (L) David A. Peterseon 20 Reg Hrs 87.63 202346 (L) Daniel D. Haasken 10 Reg Hrs 49.27 202347 (L) William F. Rhodes 39 Reg Hrs 169.82 Total Liquor $ 3,134.86 Total General 9,264.18 TOTAL 12,399.04 Total Liquor 77 ,541.85 Total General 187,040.57 TOTAL $264,582.42 - 4 - ~988 ELECTION JUDGES 4It PREe I PREC III Kathy Suddendorf 5695 Star Lane 474-6553 Mel Ostwald 5970 Cathcart Drive 474-4640 Irene Kronholm 23630 McLain Road 474-7718 Ann Leavenworth 28070 Woodside Road 474-8567 Sue Grahn (Chair) 5945 Eureka Road 474-2865 Eileen Koehnen 26505 Maple Ave. 474-5084 Maggie Kelly 25000 Yel_owstone ~rail 474-8339 Margaret Jorgensen 28070 Boulder Bridge Drive 474-7677 Sue Latterner 25235 Smithtown Road 474-3780 Elvera Hoops 26755 Smithtown Road 474-9064 Win Kohls 5680 Echo Road 545-2725-work June Coad 21095 Forest Drive 474-6774 Susan Sano 5685 Rowards Point Road 474-7814 PREC II Carmen Doughty 20750 Garden Road 474-5653 Karen Meisen 5570 Shore Road 474- June Hopp 20175 Manor Road 474-5974 Norma Hagle PREC IV Jo Hermann (Chair) 20765 Radisson Inn Road 474-9396 Rita Spellman (Chair) 5100 Shady Island Trail 474-7917 Alice Vosmek 20615 Manor Road 474-8020 Judy Hagen 5125 Shady Island Road 474-5549 Mary Schmitt 20725 Raddisson Inn Road 474-9324 Ginny Soule 4595 Enchanted Point 474-1250 Pat Hanum 5350 St. Albans Bay Road 474-6420 Les Feichtinger 19480 Shady Hills Road 474-8048 5/// MEMO TO: FROM: DATE: SUBJECT: . . MAYOR Robert Rascop :-COUNCIL Jan Haugen Kristi Stover Robert Gagne Barb Brancel ADMINISTRATOR Daniel J. Vogt CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD. MINNESOTA 55331 . (612) 474-3236 Mayor and Councilmembers Dan Vogt 'taf August l5~ {9~8 City Assessor Contract Renewal Attached you will find a contract renewal proposal from Rolf Erickson for the 1989 Assessment of Property. The contract runs from September 1, 1988 through August 31, 1989. You will note that the proposal requests a 4% increase in assessing fee over the current contract amount which is $23,700. Rolf's firm was hired by the City of Shorewood in 1984. In my opinion, Rolf and his staff have done an excellent job in making the annual assessment of property run smoothly. The previous problem of complaints by residents who felt that they were not having their calls answered by the assessor as promptly as they would like is improving and will continue to be addressed. With the amount of growth that the City is experiencing and the amount of work such growth generates for the City Assessor, Rolf should be commended for holding the line on fees as well as he has. I therefore recommend renewal of the contract for assessing services with Rolf Erickson for the 1989 Assessment. This item appears on the consent agenda of your August 22 meeting for your consideration. Please contact me prior to Monday night if you have any questions. Enclosures: cc: Sandy Kennelly Rolf Erickson A Residential Community on Lake Minnetonka's South Shore --1/3 . . TO: Dan Vogt, Shorewood City Administrator Shorewood Mayor and City Councilmembers FROM: Rolf Erickson, City Assessor DATE: August 11, 1988 RE: Contr~ct for 1989 Assessment. Term of Contract: September 1, 1988-August 31, 1989 Total Fee: $24,648.00 Monthly Payment: $2,054.00 Due by the last day of each month % increase: 4% Please increase the amount budgeted for homestead cards, postage, maps, and photos by 4%. ~ . . ORR-SCHELEN-MAYERON & ASSOCIATES, INC. 2021 E. HENNEPIN AVE. - SUITE 238 MINNEAPOLIS. MINN. 55413 CHANGE ORDER NO. .... J... . . .. . .. . . $.~ I. 99~ -.W. '<'~\1~t;} RE: .86-:-10........... . ~~. . ~~. :-. .c;<?I:l! . .~~9... . . . . . . . . . . . . . . . . . . .. Contractor . ~41.3.7. ."':' .llltn Street. . . . . . . . . .. . . . . . . . . . . . . . .~~?~~~~~~Q~.~~~~~~~~.99~44.................. Dear Sir (5) Under your contract dated ............ Septembex: .17. . . . . . . . . . . . . . . . . . . . .. 19.87. with . ~~ ~Y. ~~ . ~hQJ;'~""9.QQ. . . .. . . . . . . .. .. . .. . .. .. . .. .. . .. .. .. . . . . .... Owner for eJ.evat.ed... . ~~~~~. .~~9~p'9~. ~~.:-. . .l?9!.1~.11~~~t. .q.~~A.. ..... ........ ................. ........ .. .. ... We are authorized by the owner to hereby direct you to ... .q~:J.~~~ . ,:p~ . 9~.t;r;v~~~Q(l. . . . . . . . ~.~~J:1~l~~~~~ .9!1. .17l:1~. .~~~. ~~~ .9~~. .~~.~'{~~~ .t~............................... ............................................................................................. . .............................................................................................. -,_..................................................................... .......................................................................................................... .0_................................................................ ......................................................................00.0.0....... 0..0.00........0.......0.........0 aad to>llCll1XllK(deduct from) the contract, In accordance with contract and specification, the IUlIl of . .~~ .~J:1~~~~. .~;~. .~~~~.~ .~~. .~~/l,Q9.:-.:-. :-:.:-..-: .7. ~ .7.:-. :-. .-:7..... /100 Dollars There will be an extension of ...:-Q-:o....... days for completion. The date of completion of contract was .. .~I.')./ 19 ~f}. and now will be .. .~/..l.... 19 ae.... Amount of original contract Tota' Additions Total Deductions Contract to Date $463,100.00 -0- $1,600.00 $461,500.00 Approved .......................... 19.... Respectfully Submitted. . =~:~;!f.~'.'.:~~ ,-B1 l'1A-cON, Inc. C t t on rac or Per ORR-SCHELEN-MA YERON b~P~?1~.... .... ~. i?; . Norton, ~/E:. Comrn #3707.40 1fc-- . MEMO TO: FROM: DATE: SUBJECT: . . MAYOR Robert Rascop ir COUNCIL Jan Haugen Kristi Stover Robert Gagne Barb Brancel ADMINISTRATOR Daniel J. Vogt CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD. MINNESOTA 55331 . (612) 474-3236 Mayor and Councilmembers D'an VOgt:rqf August 15, 1988 Letter of Credit Reduction Brentridge I have attached lien waivers from Richard Knutson, Inc. who is the contractor for the Brentridge Project regarding a reduction in the Letter of Credit provided by Dave Johnson. Staff has discussed this request and is in agreement with it. Work has been completed to our satisfaction and lien waivers received. The re- maining amount of Letter of Credit will cover the remainder of the work to be completed by 150%. Based upon the validity of the request and staff review, it is the recom- mendation of staff to pass a resolution approving the reduction in the Letter of Credit provided by Shorewood Oaks Development, Inc. to a new total Letter of, Credit amount of $55,917.90. This item appears on the consent agenda of your August 22 meeting for your consideration. DJV/al Please contact me if you have any questions. Enclosures: cc: Glenn Froberg Jim Norton Brad Nielsen Dave Johnson A Residential Community on Lake Minnetonka's South Shore .L/_/) . :~ No. 237 PW - Recoipl and PlIttlel WOAoch8n1cs Lien Right 3. Wan.. S.IIooIh--SI. Paul . ' RECEIPT AND PARTIAL WAIVER OF MECHANICS LIEN RIGHTS The undersigned hereby acknowledges receipt of payment of Two Hundred, f if t Y seven thousand, thirty six and 40/100 Dollars ($ 257,036.40 ) from Shorewood Oaks Development in payment for site grading, san sewer, watermain, lot serv, storm sewer, street const. Howards pt Rd by the undersigned delivered or furnished to (or performed at) Brentridge Addition Shorewood, f.tN and for value received hereby waives those rights which may have been acquired by the undersigned to file mechanics liens against said premises on account of the above-described labor and/or materials delivered and furnished by the undersigned, to the extent only of the amount of the aforesaid payment; and the undersigned hereby expressly reserves the right to assert, without prejudice to its heretofore existing priority, mechanics lien rights against said premises for labor and/or materials delivercd .md/or furnished to sllid premises pllymcl1t fur which is not included in the aforesaid payment. Dated this 25 day of July 19~ ./ RICHARD KNUTSON, INC. I{' .~; .... / I" '... ____, . '.' /. ..'. /, /.... ,.. By', ' . I. it.:~i/ )f (.,' / / ~.~) . . Its Treasurer , f I . ,~ !: , ,'" .. ~.. ,.I. d i'- .<~'T~~;T...;;~:-;,~~~y .{~:;;"'r~~""~~~r-"'~~~'I:1:~'ltW~~-\(~~;:s.>~',,~:;,,~,:; ;;,',. ....,~"l~~.,......:'tim1.~...,~~.. :':""'.~.:li~;'w.",:",~'z,',~-;." ::~.'.:::~:i. . ~~:..:':'~<' : :{.:~ ,,"?!':~:~:-(: ~:~?l~~ ~~:'~:- .:~~~;(:;It~j~,\~~:.s:~~~?t:~~~~~~~:~~~:f1j::.~{;~~';:{f1t~~~~?:~~~~~~;'~ ~:~~:'::':>~lif1~ti?t~,;~b~.?~~';~: .; . (j' I r 3 ).., . ". , ; . . .Draft . ' RESOLUTION NO. WHEREAS, the City of Shorewood (the City) has entered into a Development Agreement dated February 2, 1988 with Shorewood Oaks Development, Inc. (the developer) for the development of Brentridge; and WHEREAS, Paragraph 21 of such Agreement provides for a performance guaranty in the form of an irrevocable letter of credit approved by the City in an amount equal to 150% of the total cost of the improvements; and WHEREAS, Developer bas obtained such a letter of credit from Metropolitan Bank in tbe sum of $441,472.50, whicb letter is dated February 11, 1988, and entitled Irrevocable Letter of Credit No. 00273; and WHEREAS, The City bas accepted certain site work completed by the developer involving total payments to the contractor to date in the sum of $257,036.40. WHEREAS, The Developer has requested that the Letter of Credit be reduced by 150% of the total payments made to date. NOW, THEREFORE BE IT RESOLVED BY THE City Council of the City of Shorewood, Minnesota, tbat: 1. The original Letter of Credit required by Paragraph 21 of the Development Agreement may be reduced by the sum of 150% of the payments made to date. .. ,~ 2. The City Administrator is hereby instructed to inform Metropolitan Bank that Irrevocable Letter of Credit No. 00273 may be reduced to the sum of $55,917.90 as requested by the developer. Adopted by tbe City Council of the City of Shorewood, Minnesota, this day of , 1988. ATTEST: Robert Rascop Mayor Sandra L. Kennelly City Clerk . MEMO TO: FROM: DATE: SUBJECT: . . MAYOR Robl1rt Rascop COUNCI L Jan Haugen Kristi Stover Robert Gagne Barb Brancel ADMINISTRATOR Daniel J. Vogt CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 . (612) 474-3236 Mayor and Councilmembers Dan Vogt n.T August 18, 1988 Request for Payment for Brentridge Watermain Oversizing You may recall that as part of the Brentridge Development, the City required that a twelve inch watermain be placed within the plat. This was determined by the Council to be of benefit to the City in that the developer could have merely placed a six inch watermain in his plat. It was therefore decided that the City would pay to the developer the difference between the developer's cost for construction of six inch watermains with the plat and the cost of twelve inch watermains within the plat. Attached you will find the following: -Resolution No. 144-87 dated October 26, 1987 which sets forth the conditions of the special credit for the oversizing. -A letter from Jim Norton of OSM dated October 21, 1987 which estimates the watermain oversizing costs within the plat. -A letter from Dave Johnson, the developer of the project, requestiag reimbursement for the oversizing costs. Staff and the developer are compiling the actual watermain oversizing construction costs which will be presented to you at your August 22, 1988 Council meeting. We will then be prepared to make a recommendation as to the actual reimbursement amount. DJV/al Please contact me prior to Monday night if you have any questions. Attachments cc: Glenn Froberg Jim Norton Brad Nielsen Dave Johnson A Residential Community on Lake Minnetonka's South Shore o . . . . RESOLUrICN M>. / 't i/ re A REfOlTI'ICN PIOlIDINl RIt nm ISSUAN:E (F A SPIOC;IAL CREDIT AG\INST ~ICIPAL WATER cnmm'ICN <HAOOES KR'lHE ~ICN OF OVERSIZID WATEINMNS WI'lHIN nm PlAT (F BRENllUOOE \\HEREAS, Shorewood City Code Section 903.03, Subd. 4, provides for the Ci ty to charge a property owner who wishes to connect wi th the mmicipal water systEm "a connection charge as dete:rmined by resolution of the Ci ty Qnmcil"; and \\HEREAS, by its Resolution No. 80-87, adopted J1D1e 22, 1987, the City Qnmcil prescribed certain factors for dete:rmining such connection charges; and \\HEREAS, the Developer and owners of the plat of Brentridge are subject to the water connection charges as set forth in said resolution; and \\HEREAS, the Ci ty has requested the Developer of the plat of Brentridge to construct oversized watemllins wi thin the plat so as to provide addi t ional capaci ty in order to serve other developnents outside the plat of Brentridge; and \\HEREAS, the Developer has agreed to construct such oversized wate:rmains wi th the understanding that it wi 11 receive a special credit to be applied against the no:rmal water connection charges prescribed by Resolution No. 80-87. lUY, ~, BE IT RmD:.VID by the City Q>1D1cil of the City of Shorewood as follows: 1. That the mmicipal water connect ion charges for lots wi thin the plat of Brentridge shall be cmputed in the manner prescribed by Resolution No. 80-87. 2. That a special credit shall be applied against these charges, which credit shall be an amunt equivalent to the difference between the Developer's cost for construction of 6-inch watemllins within the plat of Brentridge and the Developer's cost for the construction of 12-inch wate:rmains wi thin the plat, as requested by the Ci ty. 3. That such credi t may be apportioned and applied to each lot wi thin the plat or, upon the Developer's request, paid out in total to the Developer at the time of coopletion and acceptance by the Ci'ty of the said 12-inch wate:rmain system wi thin the plat. .AI..l.)yJ.'tll BY '!HE CI'lY <X:DCIL of the Ci ty of Shorewood thi s .2 t. day of 8('1 It) .CJJ' " ,1987. Robert Rascop, Mayor .ATI'FSl' : ~fI1dra L. Kennelly, City Clerk . . ORR.SCHElEN.MAYERON & ASSOCIATES, INC. Consulting Engineers Land Surveyors October 21, 1987 City of Shorewood. 5755 Country Club Road Shorewood, Minnesota 55331 Re: Oversizing Cost for Watermain for the Brentridge Development Shorewood, Minnesota OSM Comm. No. 1744.67 Dear City Officials: The Brentridge Development proposes the installation of 6 inch watermain off of an existing stub on Smithtown Road, north along Howards Point Road, then east, north and west through the development on Brentridge Drive back to Howards Point Road where it would be plugged until future development occurs. The City Engineer has proposed that the Developer install 12 inch watermain in lieu of the 6 inch watermain throughout the project to provide the required water for future development to the north and west. As shown on Attachment A, the difference in cost between the installation of 12 inch or 6 inch watermain from Smithtown Road to Brentridge Drive is $3,292.00. As shown on Attachment B, the difference in cost between 12 inch or 6 inch watermain installation throughout the entire Brentridge Development project is $23,685.00. We will be happy to discuss these items with you. If you have any questions, please call me. Respectfully, ORR-SCHELEN-MAYERON & ASSOCIATES, INC. ~ .r r;(,,~~ , .{".A~ I'~ .' James P. Norton, P.E. Associate JPN:llr enclosure )(J.?7 Fast Hennpnin AlIP!7IJP . Suite 2.98 . Minneanolis Minne<:ota 55413 · 612/331- 8660 . . ATTACHMENT A - TAKEOFF BRENTRIDGE DEVELOPMENT CONTRACTOR - RICHARD KNUTSON, INC. Cost for installation of 12 inch DIP watermain from Smi thtown Road North to Brentridge Drive as compared to 6 inch DIP in the same location: 12 INCH DIP ITEM 6 INCH DIP 365' @ $ 22.00 = $ 8,030 12" DIP 10' @ $ 22.00 = $ 220 6" DIP 355' @ $ 13 . 50 = $ 4,793 1 @ $ 375.00 = $ 375 12 x 6 TEE 6 x 6 TEE 1 @ $ 200.00 = $ 200 12 x 6 REDUCER 1 @ $ 400. 00 = $ 400 1 @ $ 200.00 = $ 200 12" PLUG 6" PLUG 1 @ $ 100.00 = $ 100 365' @ $ 0.30 = $ 110 TESTING 365' @ $ 0.30 = $ 110 1 @ $ 800.00 = $ 800 12" GV 6" GV 1 @ $ 400.00 = $ 400 1 @ $ 650.00 = $ 650 CONNECT TO 12" 1 @ $ 650.00 = $ 650 TOTAL $10,165 TOTAL $ 6,873 ~ = $3, 292 . 00 . . ATTACHMENT B - TAKEOFF BRENTRIDGE DEVELOPMENT CONTRACTOR - RICHARD KNUTSON, INC. 12" THROUGHOUT PROJECT ITEM 6" THROUGHOUT PROJECT 2,470' @ $ 22.00 = $54, 340 12" DIP 10' @ $ 22 .00 = $ 220 50' @ $ 13 . 50 = $ 675 6" DIP 2,510' @ $ 13. 50 = $ 33 , 885 1 @ $ 400.00* = $ 400 12 x 12 TEE 5 @ $ 375.00 = $ 1,875 12 x 6 TEE 2 @ $ 200.00 = $ 400 12" PLUG 6" PLUG 2 @ $ 100 . 00 = $ 200 6" BENDS 7 @ $ 100.00 = $ 700 7 @ $ 200.00* = $ 1,400 12" BENDS 1 @ $ 650.00 = $ 650 CONNECT TO 12" 1 @ $ 650.00 = $ 650 12 x 6 RED 1 @ $ 400.00* = $ 400 5 @ $1,250.00 = $ 6,250 HYDRANT 5 @ $1,250.00 = $ 6,250 6" GV 3 @ $ 400.00 = $ 1,200 3 @ $ 800.00 = $ 2,400 12" GV 6 x 6 TEE 6 @ $ 200.00 = $ 1,200 2,520' @ $ .30 = $ 756 TESTING 2,520' @ $ .30 = $ 756 TOTAL $69,146 TOTAL $45,461 * Cost of these items are estimated. 6 = $23,685 . AUG-WS Shorewood Oaks Development, Inc. 6100 AUTO CLUB ROAD. SUITE 314 . BLOOMINGTON. MN 55438 PHONE: (612) 884-3882 August 5s 1988 Mr. Dan Vogt City of Shorewood 5755 Country Club Road Shorewoods Mi nnesota 55331 Dear Dans Re: Payment for oversize watermain and street correction. Please process this request for payment on the oversizing of the watenmain within the Brentridge project as previously agreed. I have already paid Richard Knutsons Inc. so the check should be payable to Shorewood Oaks Developments Inc. The construction cost as shown in our agreement is $23s685.00. In addition to this would be amounts billed to me by city staffs attorney and OSM engineer and inspector. Some of these amounts were included in the bill I paid at the time I filed the plat and some have been billed and not paid as yet. Perhaps we should meet to determine which ones are appropriate. I will be required to pay Richard Knutsons Inc. in the near future for the Howard's Point Road extras referred to in my letter of August 4s 1988. Let's process this quickly so that it can be paid at the same time. Thank you. c1;lY' -~so:- President cc: Jim Norton ,~ , . MEMORANDUM . . MAYOR Robert Rascop ; 'COUNCI L Jan Haugen K risti Stover Robert Gagne Barb Brancel ADMINISTRATOR Daniel J. Vogt CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236 TO: MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 18 AUGUST 1988 RE: SHOREWOOD CONVENIENCE/SERVICE CENTER (MARCUS DEVELOPMENT) FILE NO.: 405 (88.13) Upon review of the title op1n10n for the old Village Pump property. the City Attorney has advised that the development agreement for the project should be amended to include Y.E.S. Properties Partnership rather than Marcus Development. A revision has also been proposed relative to the City's acquisition of drainage and utility easements on the property and potential City acquisition of the watermain being installed by the developer. The City Attorney has incorporated these items into a "restated" development agreement (attached) . The restated agreement references a preliminary plat which will be reviewed by the Planning Commission on 6 September and by the Council on 12 September 1988. The developer has also submitted revised site plans including the fast food restaurant and reflecting a change in their County Road 19 driveway location per Hennepin County's recommendation. This plan will also be reviewed on 6 and 12 September. Staff feels it is advantageous to incorporate the plat and revised site plan into the new agreement. If there are any questions relative to this matter. please do not hesitate to contact my office. cc: Dan Vogt Glenn Froberg Jim Norton A Residential Community on Lake Minnetonka's South Shore /7_;1-, I I i I I ' . . REfDWl'ICN N). RES)UJI'ICN APPOOVIOO RESTATED DEVEIDR\tENI' .AGREE.\1ENf SKm.VaD CXlWENIFH::E/ SERVICE CENI'ER WHEREAS, YES Properties Partnership proposes to redevelop property located in the Ci ty of Shorewood at 24365 Smi thtown Road as the "Shorewood Convenience/Service Center"; and WHEREAS, 'the Shorewood City Council, by its Resolution No. 52-88 on May 24, 1988, approved a Developnent Agreement for developnent of the Shorewood Conveni ence / Service Center; and WHEREAS, such Developnent Agreement was duly executed on July 27, 1988; and WHEREAS, the parties now wish to substitute for said Developnent Agreement the Restated Developnent Agreement attached hereto. lOV, 'IHEREFmE, BE IT RESOLVE:> by the City Council of the City of Shorewood as follows: 1. That the Restated Developnent Agreement for the Shorewood Convenience/Service Center attached hereto is hereby approved. 2. That the Mayor and City Clerk are hereby authorized to execute said Restated Developnent Agreement on behalf of the City Counci 1. 3. That all reference to the Developnent Agreement for the Shorewood Convenience/Service Center shall hereafter be deemed to refer to the said Restated Developnent Agreement. AOOPI'ED BY '!HE CI1Y ancIL of the City of Shorewood this , 1988. day of Robert Rascop, Mayor A1TEST: Sandra L. Kennelly, City Clerk . . 8/18/88 CI'lY OF SlIEEWXD RESTATED DEVEIDR\mI' AGREFMENl' Fm. SlIEEWXD a:NVENlmcE/SERVICE CENTER nus AGREFMENl', made this day of , 1988, by and between the CI'lY OF SlIEEWXD, a Minnesota municipal corporation, hereinafter referred to as the "City", and YES Properties Partnership, a partnership consisting of Mark O. Senn, Larry D. Youngstedt, David A. Bastling, and C. Edward Sheehy, hereinafter referred to as the ''Developer'' . WHEREAS, the Developer is the Contract Purchaser of certain lands described in Exhibi t A, attached hereto and made a part hereof, which lands are hereinafter referred to as the "Subject Property"; and WHEREAS, the City ColIDcil by its Resolution No. 52-88, passed on May 24, 1988, has granted certain Condi tional Use Permits and Variances for the redevelopnent of the Subject Property as a gas/convenience/service center and fast food facility; and WHEREAS, such Conditional Use Permits and Variances were granted, subject to certain terms and conditions, which terms and conditions are contained herein; and WHEREAS, in order to resolve certain bolIDdary matters involving the Subject Property, Developer has prepared a preliminary plat of the property entitled, "Senn Addition, Block 1, Lot 1," which plat is attached hereto and made a part hereof as Exhibi t B. N:l\T, 'lHEREREE, in consideration of the nntual covenants and guarantees contained herein, the City and the Developer agree as follows: 1. SITE PLAN, LANDSC'APE PLAN AND PRELIMINARY PIAT. The Developer has filed with the City Clerk the Site Plan, Landscape Plan, and Preliminary Plat for the developnent of the Subject Property, it being lIDderstood that such plans and plat wi 11 reviewed by the Planning CaImission at a public hearing to be held on Septeni>er 6, 1988, and will be subj ect to final approval by the Ci ty ColIDci 1. 2. RFQJIRED SITE 1MPKJ\TE\1ENI'S. Developer agrees at its expense to construct, install and perform all work and furnish all materials and equipnent for the construction and installat ion of the following inprovEment s : . . a. paved driveway and parking area as shown on the Site Plan. b. landscaping work as shown on the Landscape Plan. 3. SOIEIXJLE OF WEK. It is \D1derstood and agreed by the parties that construction of the gas/convenience/service center will be coopleted by the Developer within a period of one (1) year fran the date hereof and that construction of the fast-food faci li ty wi 11 be coopleted wi thin two (2) yearsfran such date. 4. PERRRVJANCE ClJARANlY. For the purpose of assuring and guaranteeing to the Ci ty that the landscape inprovements to be constructed, installed and furnished by the Developer, as set forth in Paragraph 2 herein, shall be furnished according to the terms of this Agreement, and to insure that the Developer shall pay all claims for work done and materials and supplies furnished for the perfonnance of this Agreement, and that the Developer shall fully cooply wi th all of the other terms and provisions of this Agreement, the Developer agrees to escrow with the title coopany a cash deposit or provide the City with an irrevocable letter of credit approved by the City in an 8IOO\D1t equal to 150% of the total cost of said inprovements as set forth in the contracts between the Developer and his contractors. Said escrow deposit or letter of credit shall renain in effect for a period of two growing seasons following the coopletion of the required inprovements. The said escrow deposit or letter of credit may be reduced in its 8IOO\D1t or replaced by a maintenance bond at the discretion of the City upon acceptance by the City of the inprovements. 5. BII..I.B:WIDS eN SITE. The site is currently occupied by two billboard signs, one free-standing and the other lID\D1ted on a building, which signs exist as nonconforming uses on the property. Said billboard signs are the property of Naegele Oltdoor Advertising QxIpany, Inc., and are occupying the site pursuant to the terms of individual site leases between Naegele and Developer's predecessors-in-interest. Developer agrees to rEm>ve the bi llboard sign lID\D1ted on the building fran the property at the time the building is razed or within one year fran the date hereof, whichever date first occurs. City agrees to permit the free-standing billboard to be refurbished and relocated to the easterly port ion of the property, providing that the bi llboard shall not be enlarged or raised in height, lighted or eni>ellished in any manner, and providing that the sign shall be rEm>ved al together upon cooplet ion of the existing lease period. It is \D1derstood that the present lease permits Naegele a ten (10) year \D1ilateral option to renew said lease; if that said option is exercised, it is specially included in the lease period included herein. Developer agrees that it wi 11 cause such sign to be rEm>ved at no expense to the City upon the coopletion of the existing -2- . . lease period, and that any subsequent lease Developer may enter into wi th Naegele wi 11 not extend the lease period termination date beyond the date speci fied in the existing lease. Developer further agrees to provide the City with a copy of the existing lease with Naegele, and subnit for approval by the City any future leases that Developer may enter into wi th Naegele for the location or relocation of said bi llboard on the Subject Property. 6. <XllN1RY CUB :R:W) RI<HI'-<>F-WAY. The site of the develop:nent is bounded by Chunty Highway No. 19 on the north and Chuntry Club Road on the west. The public right-of-way for Country Club Road is presently inadequate in width (33 feet) to provide for adequate maintenance and care of the travelled roadway. Developer agrees to convey to the City a perpetual easement for ut i Ii ty and roadway purposes over, under, and across the westerly seventeen feet of the Subject Property. Developer further agrees to maintain the developnent ent irely wi thin the required set-back limitations measured fran the easterly line of the said utility and roadway easement. 7. MJNICIPAL WATER SERVICE. It is understood that the Mmicipal Bui lding located on Ci ty land abutting the Subject Property is present ly served wi th water fran the Tonka Bay Mmicipal Water System by means of a water line crossing the Subject Property. It is further understood that the City has no easement across the Subject Property for such water line, and Developer intends to relOOve said water line fran the property during the construction of certain inprovements thereon. Developer hereby agrees to grant to the City the'drainage and utility easements set out in the Preliminary Plat attached hereto, and in the event the City determines to provide the Shorewood Mmicipal Building with water service by connection to the Shorewood Mmicipal Water System or interconnection wi th the Tonka Bay Mmicipal Water System, to offer to the City, at a reasonable price, such inprovements located thereon or therein as may be appropriate to effect such water service. 8. RES'REATIW OF SlliJiliUi AND PrnLIC FACILITIES. The Developer shall restore all City streets and other public facilities disturbed or damaged as a resul t of Developer's construction activities, including sod wi th necessary black dirt, bi tuninous replacement, curb replacement, and all other items disturbed during construction. The City and the Ceveloper will document and agree as to the existing conditions at the start of construction. 9. PRDF OF TIlLE. The Developer shall furnish the City with updated Ti tle opinions evidencing ti tle to the Subj ect Property. 10. HEADINlS. Headings at the beginning of paragraphs hereof are for convenience of reference, and shall not be considered a part of the text of this Agreement, and shall not influence its construction. -3- . . 11. SEVERABILI'lY. In the event any provisions of this Agreement shall be held inval id, illegal, or unenforceable by any court of coopetent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof, and the remaining provisions shall not in any way be affected or inpaired thereby. 12. EXIDJl'I~ OF CXlNl'.ERPAKIS. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original, and all of which shall const i tute but one and the same instnment. 13. a:NS'I.RI.Cl'I~. This Agreement shall be construed in accordance with the laws of the State of Minnesota. 14. NOTICES. All notices, certificates and other communications hereunder shall be sufficiently given and shall be deemed given when mailed by certi fiedmail, Hreturn receipt requested, postage prepaid, with proper address as indicated below. The Ci ty and the Developer by wri tten notice given by one to the other, may designate any address or addresses to which notices, certificates or other communications to them shall be sent when required as contenplated by this Agreement. Unless otherwise provided by the respective parties, all notices, certificates and communications to each of them shall be addressed as follows: To the Ci ty: Ci ty of Shorewood 5755 Country Club Road Shorewood, Minnesota 55331 To the Developer: 14. Sl.XXESSCES AND ASSI~. It is agreed by and between the parties hereto that the Agreement herein contained shall be binding upon and inure to the benefit of their respective legal representatives, successors, and assigns. IN WITNESS ~F, the parties hereto have caused these presents to be executed on the day and year first above wri tten. -4- ... "\. . . STATE OF MINNESOrA ) ) ss ax.NIY OF HENNEPIN) en this day of , 1988, before me, a Notary Public wi thin and for said COlmty, personally appeared Robert Rascop and Sandra Kennelly, to me personally known, who, being each by me duly sworn, did say that they are respect ively the Mayor and Ci ty Clerk of the mmicipal corporat ion named in the foregoing instn.ment, and that said instronent was signed and sealed in behalf of said corporation by authority of its City Council, and said Robert Rascop and Sandra Kennelly acknowledged said instrument to be the free act and deed of said corporation. Notary Public STATE OF MINNESOrA ) ) ss ax.NIY OF HENNEPIN ) en this _ day of , 1988, before me, within and for said County personally appeared Mark O. Serm, Larry D. Youngstedt, David A. Eastling, and C.Edward Sheehy, to me personally known, who, being each by me duly sworn did say that they are respectively the partners in YES Properties Partnership named in the foregoing instronent, and that said instronent was signed and sealed in behalf of said partnership and acknowledged said instn.ment to be the free act and deed of said partnership. Notary Public -6-