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092688 CC Reg AgP .-.; 't #! .. ..... CITY OF SBOREWOOD REGULAR COUNCIL MEETING MONDAY, SEPTEMBER 26, 1988 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. AGENDA CALL TO ORDER B. Roll Call Haugen Stover Gagne Brancel Mayor Rascop / /;D (/ t:5 1', V A. Pledge of Allegiance 1. APPROVAL OF MINUTES A. Regular Council Meeting (Att.No.lA-Minutes) 2. MATTERS FROM THE FLOOR A. B. 3. COMMISSION REPORTS C. J. Q./ 1-P IW( (YI -f~ ~f}~ Change Order No.2 - Water Tower Color Change tr ~~, ~ (Att. No. 4A-Change Order) \L 1988 Recycling Agreement -~~~ "'-, . o. 4B-Agreement) Purchase of Bauer Lawn Sprinkler '~R7?ommended Previously by Park Commission - $3,300 (Park ca~l Improvement Fund) Acceptance of Improvements - Star Lane - Westwood 4th~~ .0, Addition. ~ (Att.No.4D-Recommendati Planning Commission A. B. Park Commission 4. CONSENT AGENDA A. B. D. 5. SWEETWATER AT NEAR MOUNTAIN 3rd ADDITION FINAL PLAT Applicant: Lundgren Bros (Att.No.5-Staff Report and Development Agreement and Resolution) -2- ~ , COUNCIL AGENDA MONDAY, SEPTEMBER 26, 1988 ~GE2 . 6. TRAPPING COMMITTEE RECOMMENDATION 7. PUBLIC HEARING 8:00 P.M. 1989 BUDGET PROPOSAL (Att.No.7-Hearing Notice) 8. APPLICATION FOR INCIDENTAL USE OF RIGHT-OF-WAY BAYSWATER ROAD Applicant: Jerry Peterson (Att.No.8-Staff Report) 9. LAYOUT APPROVAL - COUNTY ROAD 19- STATE HIGHWAY 7 SIGNAL PROJECT 10. COMPARABLE WORTH DISCUSSION AND IMPLEMENTATION (Att.No.lO-Consultant and Staff Memos) 11. STAFF REPORT A. Attorneys Report 1. Suburban Hennepin Park District Lawsuit-Status 2. Amesbur~ West/Bayswater Road Prosecution 3. Resolution Setting Hearings-Proposed Assessment -1988 Property Clean-Up -1988 Delinquent Sewer Utility -1988 Delinquent Water Utility (Att.No.ll-A-3-Resolution) 4. Resolution Authorizing the Acquisition by Eminent Domain of Certain Right-of-Ways for Widening Wedgewood Drive (Att.No.ll-A-4-Resolution)] B. Engineers Report 1. Shady Island Bridge Status C. Planners Report 1. 2. D. Administrative Report 1. Status Report-Finance Director Search (Jim Brimeyer) 2. -2- CITY OF REGULAR MONDAY, k~ ."'~'-' SHOREtJ~''''''''' .~.... COUNCIL MEETING SEPTEMBER 12, 1988 ....;.~~CIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. _...-...~ MINUTES CALL TO ORDER The Regular Council meeting of the Shorewood City Council was called to order at 7:30 P.M., Monday, September 12, 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 and Clerk Kennelly. APPROVAL OF MINUTES Brancel moved, Haugen seconded, to approve the minutes of August 22, 1988, as amended on Page 1. Motion carried - 4 ayes (1 abstained- Rascop) . Gagne moved, Brancel seconded, to approve the minutes of August 16, 1988, as written. Motion carried - 3 ayes (2 abstained-Stover and Rascop) . AMEND AGENDA Haugen moved, seconded by Gagne to amend the agenda to hear item number 13 - Shady Island Bridge Discussion to be heard after item number 3. Motion carried - 5 ayes. MATTERS FROM.TEE.FLOOR Richard Moore - Bracketts Road Dispute Mr. Moore was present to express his aggravation with his neighbors in connection with the sale and development of his property for the Galpin Lake Woods Development. He has once again had his driveway entrance barricaded by his neighbors. He called the police and they could not do anything because it is a civil matter. He feels that due process has been lost and does not understand how they are able to barricade without legal process. Mr. Moore asked Attorney Froberg how they can barricade a public road. Attorney Froberg stated that the portion in question is private and that Mr. Moore could create a new access off of Bracketts Road. Mr. Moore's concern is -1- /J} MINUTES - MONDAIt SEPTEMBER 12, 1988 4It PAGE 2 MATTERS FROM THE FLOOR Richard Moore - Bracketts Road Dispute - Continued that his neighbors can block off his driveway. Attorney Froberg stated that prescriptive easement is a private matter. PLANNING COMMISSION REPORT Stover will report on the Planning Commission actions as the Council discusses items 5, 6, 7, 8 and 9, one of the items was tabled at the request of the ~l\.\u ~~ The commiSSiO? will be studying lot line gerrymanderihg.~ tl. 6'~'1>i< ~ tA-O. ANNUAL FOOTBALL AGREEMENT APPROVAL Administrator Vogt asked that the Council consider approval of the football contract with the Tonka Football Association. The police check has been completed and approved, insurance received and contract signed by Thomas C. Bartsh. Brancel moved, seconded by Haugen to approve the contract with the Tonka Football Association. Motion carried - 5 ayes. SHADY ISLAND BRIDGE DISCUSSION Engineer Norton began the discussion by reviewing the six alternates received at the August 22, Council meeting. He spoke to the County Engineers and they have questioned the need for a bridge. The bridge was originally built in 1944 with a 30 year life expec- tancy. The County will do an inspection after the repairs are completed to set weight restrictions. They will not guarantee what weight limits they will place on it. He discussed the alternatives with the DNR and was told that they would not allow the filling in of the bridge area even the culvert proposal would need various agencies approv- als. A temporary by-pass road would be allowed during construction. Jack Hansen, secretary and spokesman for the Shady Island Association submitted a petition unanimously supporting a request for a new span bridge for Shady Island. He asked that the City consider the residents concerns. Engineer Norton stated that the new bridge will cost between $125,000.00 and $150,000.00, demolition at $20,000.00 and $25,000.00 for a temporary by-pass road. A temporary road could be put in this fall in order to allow access for plowing, oil delivery school bus, etc. Funding sources could then be determined. Haugen moved, seconded by Gagne to table further discussion until agenda item number 13. Motion carried - 5 ayes. -2- MINUTES - MONDA~SEPTEMBER 12, 1988 PAGE 3 . CONSENT AGENDA Mound Fire Contract Agreement Resolution 92-88 Administrator Vogt submitted a contract with the City of Mound for fire protection for the Islands. Attorney Froberg has reviewed the contract and feels it is acceptable. S.E. Area Water Tower - Payment Voucher No.6 Engineer Norton recommended approval of payment voucher no. 6 for work on the S.E. Area Water Tower in the amount of $34,523.75 to CBI Na-Con, Inc. 1989 Budget Approval - Cable Communication Commission Resolution 93-88 The Lake Minnetonka Cable Communication Commission has been submitted for approval. This budget does not require funds from the City. Street Lights - McKinley Place 4th and 5th Addition Administrator Vogt recommended approval of street lights for the 4th and 5th additions of McKinley Place. The five lights have also been reviewed and approved by N.S.P. Lawn Mower and Sickle Mower Purchase Administrator Vogt and Public Works Director Zdrazil recom- mended approval of the purchase of a tractor and sickle mower from Lano Equipment Co. in the amount of $10,675. And a lawn mower from MTI Distributing in the amount of $8,785. Freeman Park Watermain - Payment Voucher No.1 Engineer Norton recommended approval of payment voucher no. 1 in the amount of $27,052.00 to T & S Excavating, Inc. Sealcoating Overlay Project - Payment Voucher No.1 Engineer Norton recommended approval of payment voucher no. 1 in the amount of $110,995.49 to H.L. Johnson Co. Haugen moved, seconded by Stover to approve the above listed items and resolution as submitted. Motion carried - 5 ayes by Roll Call Vote. SIMPLE SUBDIVISION AND COMBINATION 26175 and 26265 BIRCH BLUFF ROAD RESOLUTION 100-88 Mike Newberg was present to request a simple subdivision and com- bination in order to convey land to bring current land uses into compliance. Planning Commission has recommended approval because it improves the lots involved. -3- MINUTES - MONDA~SEPTEMBER 12, 1988 4It PAGE 4 SIMPLE SUBDIVISION AND COMBINATION RESOLUTION 100-88 26175 and 26265 BIRCH BLUFF ROAD - Continue Haugen moved, seconded by Brancel to approve the simple subdivision and combination subject to receipt of a current survey and up to date title opinion and subject to the Planners recommendation listed on his September 1, 1988 report. Motion carried - 5 ayes by Roll Call Vote. NEAR MOUNTAIN P.U.D. AND DEVELOPMENT AGREEMENT AMENDMENT - REDUCING SIDE YARD SETBACKS ON LAKESHORE RESOLUTION 94-88 Mike Pflaum requested a reduction in side yard setbacks for lakeshore lots in order to allow access for garages without having to move the house building pads back as far as 70 feet. Haugen expressed con- cern for protection of trees and shrubs along the lakeshore. Mike Pflaum felt the best protection of this was due to inspections and controls required by Nielsen. He stated that the average distance between structures are between 47-65 feet and the reduction of side yards would not create larger dwellings. Stover stated that shore land side yard set backs have been changed since this agreement was made. ~ Gagne moved, seconded by Brancel to amend the P.U.D. and development agreement to meet the current ordinance side back of 30 feet with no side less than 10 feet. Motion carried - 5 ayes by Roll Call Vote. COVINGTON VINE RIDGE P.U.D.- DEVELOPMENT RESOLIDTTGN 95-88 AGREEMENT-REDUCTION IN REAR YARD SETBACKS Mr. Mark Roholt was present to request an amendment to the P.U.D. and development agreement to change the rear yard setback from 40 to 35. The issue appeared when Mr. Roholt was stopped from adding a deck without a permit which encroached into the 40' setback area. The Planning Commission recommended allowing the 35 feet setback for decks only, to include a height maximum of 42 feet on railings. Nielsen stated that the existing lot sizes are more that of the FID areas and supports the reduction of rear yard set backs to 35 feet for all structures. Stover moved, seconded by Haugen to pass a resolution amendment to the development agreement to establish a 35 feet rear yard set back for all structures within the Covington Vine Ridge P.U.D. Motion carried - 5 ayes by Roll Call Vote. PRELIMINARY PLAT FINAL PLAT APPROVED DRIVE-UP FACILITY/CONVENIENCE FOOD C.U.P. MARCUS DEVELOPMENT- 24365 SMITHTOWN ROAD RESOLUTION 96-88 Stover stated that the Planning Commission held a public hearing to hear a request from Marcus Development Corp for a C.U.P. for a drive up convenience operation and preliminary plat approval. There was -4- MINUTES - SEPTWER 12, 1988 PAGE 5 . PRELIMINARY PLAT FINAL PLAT APPROVED DRIVE-UP FACILITY/CONVENIENCE FOOD C.U.P. MARCUS DEVELOPMENT - 24365 SMITHTOWN ROAD - Continued RESOLUTION 96-88 no public comment given at that meeting. They did review the parking spaces requirement. Marcus is requesting not to stripe three of the spaces as not to encourage parking in the northwest corner. Gagne questioned what they are intending to do with the contaminated soil found on this site. Mark Senn explained various alternatives that could be used with the approval of the Pollution Control Agency. Stover questioned traffic control, stacking and snow removal pro- posals. Gagne moved, seconded by Brancel, the approval of the C.U.P. for the drive-in food facility subject to the Planner's recommendation within his report of August 30, 1988. Motion carried by Roll Call Vote - 5 ayes. Stover moved, seconded by Haugen to approve the preliminary and final plat subject to a North boundary correction on plat and omitting the 17 feet easement on the west line as Country Club Road has a 66 feet right-of-way. Motion carried - 5 ayes by Roll Call Vote. TRACEY ADDITION - PRELIMINARY PLAT RESOLUTION 97-88 Mr. Ron Tracey was present to make his request for preliminary plat approval to divide his property into two lots. Mr. Tracey does object to the Planner's recommendation that asks that the existing garage that encroaches on the right-of-way of Covington Road be re- moved. He referred to the history of the dwelling which has a living area below the garage. The building is more of a carriage house. The neighbors support his request as does the new purchasers of the home. Haugen asked if it could remain until the City would widen the road. Attorney Froberg advised that this is the proper time to ask for removal of this structure. The issue of safety was discussed, backing out onto the road or possibly into the garage. Haugen moved, seconded by Brancel to approve the preliminary plat subject to the Planner's recommendations of his August 31, 1988 staff report, omitting item number 4 - removal of the garage and to direct the Attorney to draw an agreement to be recorded with the plat listing a restrictive convenant that would require the re- moval of the garage if the City was to widen the road. Motion carried - 5 ayes by Roll Call Vote. -5- . MINUTES - SEPTEMBER 12r 1988 PAGE 6 . RIGHT-OF-WAY PERMIT- 25335 SMITHTOWN ROAD Nancy Olmsted was presenting, Frances Johnson, David Roberts and herself as owners requesting an incidental use permit to use an open portion of right-of-way platted Seamens Drive as a driveway access to the rear of their properties. Nielsen recommended approval subject to their submitting an up to date survey and driveway and drainage plan. Haugen moved, seconded by Stover to grant the permit subject to the Planners recommendations, Engineer's drainage approved and with no obligation to the City to maintain or plow. Motion carried - 5 ayes. GRADING PERMIT - SWEETWATER AT NEAR MOUNTAIN 3rd ADDITION Mike Pflaum requested a grading permit for Sweetwater 3rd Addition prior to his final plat approval, which is scheduled for the next Council meeting. This will enable them to complete a street connec- tion prior to winter. The Engineer would like to review and clarify some minor changes with Lundgren's Engineer. Gagne moved, seconded by Brancel to approve the grading permit sub- ject to the Engineer's review. Motion carried - 5 ayes. GLEN ROAD/COUNTY ROAD 19 DRAINAGE PROJECT DISCUSSION A meeting has been scheduled with Tonka Bay on October 4th, at 7:00 P.M. to discuss the project further. Gagne does not feel that Tonka Bay will participate in this project at this time. They feel their pipe to the lake could handle a lot of run off. The Shorewood Place Apartments wants a large ponding area on their site. Haugen would like to see a good project in Shorewood completed with possible participation from Tonka Bay later. Engineer Norton does feel the City could proceed with their own drainage project and respond to its commitment to the affected residents. Norton suggested legally identifying the owners of the properties needed for easement for ponding and clearing. Gagne moved, seconded by Brancel to direct the staff to draw up a time frame, determine legal descriptions of needed easeJnents and contact owne]~s to acquire easements. Motion carried - 5 ayes. CONTINUATION: SHADY ISLAND BRIDGE DISCUSSION Engineer Norton estimated a total bridge replacement cost of $200,000.00. Haugen moved, seconded by Gagne to authorize the Engineer to draw plans for an emergency by-pass road and make application to the appropriate agencies for permission to install and to request time to -6- MINUTES - SEPT~R 12, 1988 ~GE7 . CONTINUATION; SHADY ISLAND BRIDGE DISCUSSION - Continued determine a solution for funding of the project. Staff was also directed to pursue funding options. Motion carried - 5 ayes. STAFF REPORTS Attorneys Report Wedgewood Drive Easements There are five property owners needed to acquire easements. At this time only one has agreed to sign the easement, another has not decided yet and three will not. Gagne moved, seconded by Brancel to direct the staff to proceed with condemnation to obtain the necessary easements. Motion carried - 5 ayes. Bayswater Road Status Mr. Jerry Peterson signed a witness statement to be used in pre- paration for litigation against Amesbury West Association~ Claim Against Bond - Thoen Plumbing Thoen Plumbing did not repair Riviera Lane after an installation. Notification was sent and no response was received. TheCity repaired the road for $1,276.62 and billed Thoen Plumbing. No response was received so they were notified that the City would apply it against their bond. No response was received again, so the City is proceeding to collect against their bond at this time. Shorewood/Minnetrista Challenge of Constitutionality of Right of Condemnation Resolution 98~88 Shorewood has joined Minnetrista in their action as a plaintiff in challenging constitutionality of a Minnesota law giving the Suburban Hennepin Regional Park District the right to condemn property for park use. The estimated cost of this action could be less than $500. Brancel moved, seconded by Haugen to adopt the resolution and amend it by adding the Chapter and Section of the Minnesota Law. Motion carried - 5 ayes by Roll Call Vote. Engineers Report Acceptance of Bids - Badger Park/ City Buildings-Watermain Project #88-3 Resolution 99-88 Two bids were received on September 9, 1988 for the watermain extension Project 88-3. Engineer Norton is recommending to award the bid to F.F. Jedlicki Inc. as low bidder in the amount of $23,030. -7- MINUTES - SEPTdllkR 12, 1988 PAGE 8 . STAFF REPORTS Engineers Report Acceptance of Bids - Badger Park City Buildings-Watermain Project #88-3 - Continued Resolution 99-88 Haugen moved, seconded by Gagne to award the bid as recommend- ed. Motion carried - 5 ayes by Roll Call Vote. Administrative Reports Pressure Reduction Valve Discussion Letters were sent to the property owners in the S.E. Area ex- plaining the need to have pressure reduction valves installed prior to the change over to the elevated water tower. Many calls have been received questioning this request and who should pay for it. Mike Pflaum was present to express his concern for the position he has been placed in by not being notified or aware of the need for this valve. Mayor Rascop asked that a letter be sent to the residents informing them of the Council's discussion to wait until the tower was ready before notifying the owners of the need for the valve. The valves would reduce to much pressure on the old system if installed earlier. Permits and PRV's are available at City Hall and should be in- stalled by September 30, 1988. Mr. Pflaum may have the PRV's installed for his buyers and asked the City if they would waive the inspection fee. The Council felt the inspection was needed for protection of the residents and the City should be paid for by the party needing the inspection. Budget Meeting Date Changed Administrator Vogt has requested that the budget meeting be rescheduled from September 19 to September 20, 1988 at 7:30 P.M., due to a conflict. Haugen moved, seconded by Stover to approve the change for the budget meeting. Motion carried- 5 ayes. Glen Road/County Road 19 Meeting The scheduled drainage meeting with Tonka Bay for October 4, will have to be moved to Tonka Bay City Hall due to a Shorewood Planning Commission meeting being held. Street Sweeping Policy Public Works Director Zdrazil estimated a total City street sweeping costs $20,000.00 and $5,000.00 to $10,000.00 just for the new developments. Council chose to maintain the once year program that has been done in the past. -8- . , . . MINUTES - SEPTEMBER 12, 1988 PAGE 9 STAFF REPORTS Administrative Reports - Continued Financial Director Search Status The advertisement will be coming out in the League of Minnesota Cities magazine soon. Letters have been sent to 18 Cities for interest. Job profiles have been submitted and '-resumes have been- received.' - Administrator Vogt feels the Finance Department is running quite well and everything is being completed on time. Invest- ments are being handled by him and other functions and pro- cedures are being completed by Jean Sorensen and with temporary help where needed. Set Executive Session - Union Negotiations Haugen moved, seconded by Gagne to set the union negotiation session for 9:30 P.M., Tuesday, September 20, 1988, following the budget meeting. Motion carried - 5 ayes. COUNCIL REPORTS Mayors Report LMCD The Board is asking that candidates for the Board positions nominate themselves for the position and submit their names to their Council for appointment. This will be done at a later date. Proclaiming Constitution Week September 17 through 23, 1988 Resolution 101-88 A resolution was submitted by the Daughters of the American Revolution proclaiming the week of September 17 through 23, 1988 as Constitti~ion Week. Haugen moved, seconded by Stover to adopt the resolution. Motion carried - 5 ayes by Roll Call Vote. Council Reports Ridge Point Circle Brancel questioned the status of the completion of landscaping on Ridge Point Circle. Administrator Vogt stated that Gardeneer will be completing the work with $4,200.00 being charged against the developer's Letter of Credit. Sign Complaint Stover asked the status of the sign violation on the Vine Hill Furniture building. Attorney Froberg sent the owner a letter -9- ~ .1 .," MINUTES - SEPT~ER 12, 1988 PAGE 10 . COUNCIL REPORTS Council Reports Sign Complaint- Continued and he responded and indicated that the sign will be removed by the end of the week. Request for Sign - Covington Court Haugen moved, seconded by Gagne to approve a request by the residents of Covington Court for the installation of a Dead End sign. Motion carried- 5 ayes. APPROVAL OF CLAIMS AND ADJOURNMENT Haugen moved, seconded by Brancel to adjourn the Regular Council meeting of Monday, September 12, 1988 at 11:10 P.M. subject to approval of claims for payment. Motion carried unanimously - 5 ayes. GENERAL AND LIQUOR FUNDS - Acct. No. 00-00166-02 General Liquor Checks # 053685-053786 $ 240,331.31 $ 72,741.37 Payroll Checklist: Checks # 202380-202413 $ 9,731.17 $ 250,062.48 $ 2,807.09 $ 75,548.46 Total RESPECTFULLY SUBMITTED, Robert Rascop, Mayor Sandra L. Kennelly City Clerk -10- CHECK NO. 053685 053686 053687 053688 053689 053690 053691 053692 053693 053694 053695 053696 053697 053698 053699 053700 053701 053702 053703 053704 053705 053706 053707 053708 053709 053710 053711 053712 053713 053714 053715 053716 053717 053718 053719 053720 053721 053722 053723 053724 053725 053726 (L) (G) (L) (L) (L) (L) (L) (L) (L) (L) (L) (L) (L) (G) (G) (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) (G) (G) . . GENERAL & LIQUOR FUNDS--BILLS PAID SINCE SEPTEMBER 6, 1988 TO WHOM PAID Minnegasco Public Employees Retire AT & T Bellboy Corporation Day Distributing Co. East Side Beverage Co. Frank's Trucking Mark VII Distributing Minnesota Bar Supply North Star Ice Quality Wine & Spirits Thorpe Distributing Co. Weekly News, Inc. Metropolitan Waste Control Jean Sorensen Bellboy Corporation Midwest Coca Cola Bottling Griggs, Cooper & Co. Johnson Bros. Liquor Co. Pepsi-Cola Co. Quality Wine & Spirits Ed Phillips & Sons Co. Pogreba Distributing, Inc. Commissioner of Revenue Commissioner of Revenue AT & T Alternative Staffing, Inc. American Linen Supply Co. Arts-Way Manufacturing Associated Asphalt, Inc. Bob's Personal Coffee Serv Browning-Ferris Ind. CBI Na-Con, Inc. Chapin Publishing Co. Chaska Parts Service The Chippewa Corporation Commers Soft Water Co. Custom Business Forms Elk River Concrete Prod. H.C. Mayer & Sons, Inc. Feed-Rite Controls, Inc. Hance Hardware, Inc. PURPOSE Utilities $ Additional Life Insurance Utilities Liquor Purchases Beer Purchases Beer Purchases Liquor & Wine Purchases Beer Purchases Cigarette & Misc. Purchases Misc. Purchases Wine Purchases Beer Purchases Adversiting SAC Charges Mileage Liquor Purchases Pop Purchases Liquor & Wine Purchases Liquor & Wine Purchases Pop Purchases Wine Purchases Liquor & Wine Purchases Beer & Misc. Purchases August Sales Tax August Fuel Tax Utilities Temporary Help-Finance Laundry-City Hall & Garage Parts-Public Works Redi-Mix Asphalt-Streets Coffee, Filters, Etc.-City Hall Chemical Toilets-Parks Construction Pmt. #6-S.E. Area Water Storage Tank Advertise Bids-Badger Watermain Parts-Public Works Black Dirt-Badger, Cathcart, Manor September Rent Payroll Checks Strawberry Lane Drain Improvement Anti Freeze Chlorine & Demurrage Charge Parts-Public Works - 1 - AMOUNT 112.57 18.00 2.88 1,916.10 3,550.04 9,266.55 213 . 00 10,471.05 570.04 671. 70 116.06 12,209.95 117 .00 7,078.50 11.33 2,298.19 406.35 2,712.75 1,327.67 392.30 1,565.09 582.84 2,293.25 8,914.19 26.51 2.26 994.95 389.80 493.25 964.48 110.70 300.00 34,523.75 89.25 116.16 1,160.00 22.50 351.08 1,002.00 461.45 1,310.99 10.98 .. CHECK NO. 053727 (G) 053728 (G) 053729 (G) 053730 (G) 053731 (G) 053732 (G) 053733 (G) 053734 (G) 053735 (G) 053736 (G) 053737 (G) 053738 (G) 053739 (G) 053740 (G) 053741 (G) 053742 (G) 053743 053744 (G) 053745 (G) 053746 (G) 053747 (G) 053748 (G) 053749 (G) 053750 (G) 053751 (G) 053752 (G) 053753 (G) 053754 (G) 053755 (G) 053756 (G) 053757 (G) 053758 (G) 053759 (G) 053760 (G) 053761 (G) 053762 (G) 053763 (G) 053764 (G) . . GENERAL & LIQUOR FUNDS--BILLS PAID SINCE SEPTEMBER 6, 1988 TO WHOM PAID PURPOSE Jim Hatch Sales Co. Parts-Public Works Hennepin County Treasurer Prisoner Expense for July Hennepin County Treasurer Voter Labels Metro West Inspection Serv.Inspections & Plan Review for August Labor Relations Associates Services for July 1988 Long Lake Ford Tractor Parts-Public Works Loring Laboratories, Inc. Soap Dispenser-Public Works James Maiser, CPA Accounting for May, June, July Metropolitan Waste 1971 Deferred Pmt. for Sept. 1988 Control Commission Midwest Asphalt Corp. Minnegasco Minnehaha Creek Watershed District MN Suburban Newspapers Limestone-Streets Utilities Engineering Services March-June Advertising-Gen. 10.93 On-Going 48.70 Dev. 49.20 Asphalt & Rock-Sewer & Public Services for September 1988 Repair Tire-Public Works Wm. Mueller & Sons, Inc. Munitech, Inc. Navarre Amoco Void Northern States Power Utilities-City Wide Orr-Sche1en-Mayeron & AssocEngineering Fees for August Pepsi Cola Co. Rent Pop Machine-City Hall Judy Quaas Cleaning & Supplies-City Hall Red Wing's Mobil Tire Repairs-Public Works Shorewood Tree Service Timming Trees South Lake Minnetonka July Booking Fee Public Safety Standard Spring Co. Super Cycle, Inc. Tri-State Pump & Control Tonka Printing Co. Tonka Auto & Body Supply U S West Communications Vaughn Display Vessco, Inc. Weekly News, Inc. Widmer, Inc. Water Products Co. Froberg & Penberthy, H. L. Johnson Co. P.A. T & S Excavating, Inc. Parts-Public Works Recycling Services for August Service Call Lift Stateion #15 Newsletter Printing Parts-Public Works Utilities Flag-City Hall Booster Pump-Amesbury Well Advertising- Gen. 46.08 On-Going 38.00 Dev. 41.80 Parts- Public Works Parts Attorney Fees for August Construction Pmt. #1- Seal Coating Project No. 88-1 Construction Pmt. #1- Freeman Park-Project No. 88-2 - 2 - Works AMOUNT $ 490.65 91.50 1.66 2,328.00 182.78 166.83 10.00 202.50 6,490.11 125.18 3.81 5,000.00 108.83 175.79 4,175.00 8.00 1,903.55 13,269.89 10.00 378.60 36.50 1,980.00 112.42 199.90 1,560.00 220.50 324.00 18.22 171. 80 40.86 686.00 125.88 208.00 1, 177 . 50 4,964.70 110,995.49 27,052.20 CHECK NO. . . GENERAL & LIQUOR FUNDS--BILLS PAID SINCE SEPTEMBER 6s 1988 TO WHOM PAID PURPOSE AMOUNT 053765 (G) 053766 (G) 053767 (G) 053768 (G) 053769 (G&L) 053770 (G&L) 053771 (G&L) 053772 (G&L) 053773 (G) 053774 (G&L) 053775 (G) 053776 (L) 053777 (L) 053778 (L) 053779 (L) 053780 (L) 053781 (L) 053782 (L) 053783 (L) 053784 (L) 053785 053786 (G&L) City County Credit Union Child Support Enforcement AFSCME Local #224 ICMA Retirement Corp. Commissioner of Revenue The Bank of Excelsior Public Employee Retire Commercial Life Ins. Co. Lindquist & Vennum Minnesota Mutual Life Hennepin County Surveyor Bellboy Corporation Griggss Cooper & Company Johnson Bros. Liquor Co. Minnegasco Minnesota Bar Supply Ed Phillips & Sons Co. Quality Wine & Spirits Royal Crown Beverage Co. Waste Management-Savage Void Commercial Life Ins. Co. Payroll 9/14/88 Credit Union $ Payroll 9/14/88 Child Support Payroll 9/14/88 Union Dues Payroll 9/14/88 ICMA Payroll 9/14/88 State Withholding Payroll 9/14/88 Fed & FICA Payroll 9/14/88 PERA Employee Life Ins. Replacement Check Seminar Registration Fee-Planning Accident & Sickness Ins.-Oct.'88 2 Sets of County Plat Maps Liquor Purchases Liquor & Wine Purchases Wine Purchases Utilities Cigarette & Misc. Purchases Wine Purchases Wine Purchases Pop Purchases Waste Removal Employee Life Insurance for Oct.'88 Total Liquor Total General TOTAL - 3 - 112.00 145.00 97.20 275.00 738.06 3s951.67 ls233.13 25.92 70.00 118.32 80.00 ls814.89 6s056.62 1 s 577 .86 25.00 762.09 836.04 666.04 259.20 60.00 24.48 72 s 741. 37 240 s 331. 31 313s072.68 . . GENERAL & LIQUOR FUNDS--BILLS PAID SINCE SEPTEMBER 6, 1988 CHECK NO. TO WHOM PAID PURPOSE AMOUNT PAYROLL 202380 Void $ 202381 (G) Robert Rascop Mayor 200.00 202382 (G) Janice M. Haugen Council 126.32 202383 (G) Barbara J. Brance1 Counc il 147.82 202384 (G) Robert L. Gagne, Jr. Council 150.00 202385 (G) Kristi Stover Council 150.00 202386 (G) Daniel J. Vogt 80 Reg Hrs 1,078.88 202387 (G) Sandra L. Kennelly 80 Reg Hrs 744.59 202388 (G) Susan A. Niccum 80 Reg Hrs 483.30 202389 (G) Anne P. Latter 80 Reg Hrs 366.94 202390 (G) Jean M. Sorensen 80 Reg Hrs 547.45 202391 (G) Bradley J. Nielsen 80 Reg Hrs 862.30 202392 (G) Patricia R. Helgesen 80 Reg Hrs 640.07 202393 (G) Charles S. Davis 80 Reg Hrs 402.22 202394 (G) Dennis D. Johnson 80 Reg Hrs 628.82 202395 (G) Daniel J. Randall 80 Reg Hrs 645.16 202396 (G) Howard V. Stark 82 Reg Hrs 2 On Call 556.06 202397 (G) Ralph A. Weh1e 80 Reg Hrs 509.27 202398 (G) Donald E. Zdrazi1 80 Reg Hrs 856.03 202399 (G) Joseph P. Lugowski 82 Reg Hrs 2 O. T. 635.94 202400 (L) Russell R. Marron 80 Reg Hrs 522.05 202401 (L) Christophe Schmid 48 Reg Hrs 187.40 202402 (L) Ross Nasset 12 Reg Hrs 56.55 202403 (L) Brian D. Jakel 47.50 Reg Hrs 211.37 202404 (L) Martey W. Jakel 16 Reg Hrs 78.84 202405 (L) John F. Josephson 27.50 Reg Hrs 126.29 202406 (L) William F. Josephson 80 Reg Hrs 569.92 202407 (L) Susan M. Latterner 12 Reg Hrs 55.21 202408 (L) Dean H. Young 80 Reg Hrs 524.15 202409 (L) Scott B. Bennyhoff 31 Reg Hrs 153.00 202410 (L) Scott M. Bartlett 42.50 Reg Hrs 191. 73 202411 (L) James A. She11edy 2.50 Reg Hrs 12.32 202412 (L) Daniel D. Haasken 4 Reg Hrs 19.71 202413 (L) William F. Rhodes 20 Reg Hrs 98.55 Total Liquor 2,807.09 Total General 9,731.17 TOTAL 12,538.26 Total Liquor 75,548.46 Total General 250,062.48 TOTAL 325,610.94 - 4 - . . ORR-SCHELEN-MAYERON & ASSOCIATES, INC. 2021 E. HENNEPIN AVE. . SUITE 238 MINNEAPOLIS, MINN. 55413 2 CHANGE ORDER NO. ................ . CBI. NA-:CON,. . Inc. .. ...... . . .' .. .. .. .. .. ., Contractor 24137 lllth Street RE: r.~~~~.i.l!g. ~~ . ~~. Area Tower Project No. 86-10 OSM Corrm. 3707.40 $. .4, 7~.Q,99......... . . ~;I.p,i,11~~~:J4 . ;r~. . .QQ~#. . . . . . . . . . . . . . . . . . . . . . . . Dear Sir (s) Under your contract dated .... P.~pt~~~. .l? . . . . . . . . . . . . . . . . . . . . . .. . . . ... 19 ~.~. with The City of Shorewood the SE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. Owner for ............. area elevated water storage spheroid, project no. 86-10 ............................................................0............................................ . We are authorized by the owner to hereby direct you to . F:~P?~l!t. ~.11C? ~.~~~. Rl:\!-C? p'c?J;'t~~n of the tower with the light blue color, all paint, labor, freight and ............... .,_................................................................................................ ....................... aPpurtenant work included in t~e lump sum price., ................................... '.......................................... 0............................................................................................ ............................................................................................................................................... . ........................................................................................... . ....................................................... ...................................... aad to add to ~U1K" the contract, In accordance with contract and specification, the sum of four thousand, seven hundred, thirty and 00 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . .. .. . . . . . . .. 1100 Dollars There will be an extension of .....?....... days for completion. The date of completion of contract was ..9:-1. 198.8. and now will be .9.-:3..... 19 .e6... Amount of original contract Total Additions Total Deductions Contract to Date $463,100 $4,730.00 $1,600 $466,230 Approved .......................... 19.... Respectfully Submitted, . . . . . . . . . . . . /i' . /j () b . . . chr~; . . ORR-SCHELEN-MAYERON Approved ..UJ!'~:.:,.......9f.31..~. ~& A550CIA~TES' INC. ,)...",..u.. D. AJ:>._r,.. G..~rAJKrlo.ll',~ .......... c...131... AJ..... c..,..,..''I/<:...... Per .. .,. ..f...~... ~/1/'" Contractor '1/r , . . Contract No. 80194 SOLID WASTE MANAGEMENT AGREEMENT THIS AGREEMENT by and between the COUNTY OF HENNEPIN, STATE OF MINNESOTA, hereinafter called the "County", through its 8ureau of Public Works, A-2400 Government Center, Minneapolis, Minnesota 55487, and the CITY OF SHOREWOOO, hereinafter called the "City", 5755 Country Clud Road, Shorewood, Minnesota 55331. WITNESSETH: WHEREAS, the County 80ard, by Resolution No. , on the day of , authorized funding for the City of Shorewood to use for-lts Recycling Program from January 1, 1988, through December 31, 1988, and WHEREAS, said Recycling Program is consistent with Minnesota Statutes, Section 115A.02 and 115.03, as amended by the Laws of Minnesota 1988, Chapter 685, and Minnesota Statutes 473.801; the Metropolitan Council's Solid Waste Management Oevelopment Guide/Policy Plan; Hennepin County's Solid Waste Master Plan; and Hennepin County's source separation/recycling policies. NOW, THEREFORE, IT IS HERE8Y AGREED: 1. SERVICES TO 8E PERFORMED 'a. The City will operate its (curbside, drop-off, composting) Recycling Program as more fully described in Attachment A incorporated and made part of this Agreement. b. In addition to the services as referred to above, the City agrees to: (1) The City will state that the County is a project co-sponsor in publicity materials and presentations. This statement shall visually and/or verbally be as prominent as the City's name. All promotional materials printed for distribution shall include the statement, "... this program is 60% funded by the Hennepin County 80ard of Commissioners." In addition, all publicity materials should make use of the "Hennepin Recycles" logo. (2) The City will furnish the County with a written annual report on calendar year 1988 recycling and composting activities by February 28, 1988, evaluating all aspects of the programs including, but not limited to, information on: - Total costs as compared with the budget; - Publicity strategies used and samples of publicity materials; - Presentations made including dates, locations, organizations, speakers, and number of people in attendance; - Tonnage of material recovered (both yard wastes and recyclables); (Page 1) '1.6 I . . - Participation rates; - Market(s) for collected material, as available; and - Every effort should be made to identify other recycling activities (e.g., volunteer church-sponsored paper drives, retail paper recovery efforts, etc.) and to verify and document their recycles tonnages for 1982 (based year) and for the year of 1988. 2. TERM OF THIS AGREEMENT This Agreement shall commence on January 1, 1988, and terminate on December 31, 1988. 3. COMPENSATION a. In consideration of the services as described above and contained in Attachment A, the 'County agrees to pay the City a sum not to exceed $4,620 for collection services, operating supplies, equipment costs, labor, advertising and administration. b. The City shall submit invoices semiannually to the County for reimbursement for net costs incurred. c. The County will retain 20 percent of each payment. Funds retained will be disbursed (1) upon receipt and approval of the final written report (2) in accordance with the table below and upon verification of recovered tonnages; and (3) after final termination of net program expenditures. SHOREWOOD Reimbursement Schedule 1988 Total Solid Waste (Tons) 2,137 Materials Recovered 0-106 107-213 214-341 342+ % Funding Assistance (Of Net Program Costs) 50 60 70 80 Year d. Payment to the City will be made as provided by law for payments of claims against the County. 4. LIABILITY, INDEMNIFICATION, AND INSURANCES a. The City agrees to defend, indemnify, and hold the County, its offi~ers, and employees harmless from any liability, claims, damages, costs, judgements, or expenses, including reasonable attorney's fees, resulting directly or indirectly from an act or omission including, without (Page 2) . . limitation, professional errors or omissions of the City, its agents, officers, employees, or contractors in the performance of the services provided by this Agreement; and against all loss by reason of the failure of the parties to fully perform, in any respect, all obligations under this Agreement. b. The City shall by separate policy or under its self-insurance program maintain and keep in force at all times during the term of this Agreement or any renewal thereof the following insurance coverage: (1) Single limit or combined limit or excess umbrella commercial general liability insurance policy of an amount not less than $600,000 for property damage arising from one occurrence, $600,000 for damages arising from death and/or total bodily injuries arising from one occurrence, and $600,000 for total personal injuries arising from one occurrence. (2) A single limit or combined limit or excess umbrella automobile liability policy, if applicable, covering owned, non-owned, and hired vehicles used regularly in the provisions of services under this Agreement in an amount not less than $600,000 per accident for property damage, $200,000 for death and bodily injuries and/or damages of anyone person, and $600,000 for total bodily injuries and/or damages arising from anyone occurrence. c. Contemporaneously with the execution of this Agreement, the City shall furnish the County with certificates of insurance evidencing the above-required coverage. 5. NON-OISCRIMINATION The City further agrees that no person shall be excluded from full employment rights or participation in or the benefits of any program, service, or activity connected with this Agreement on the grounds of race, color, creed, religion, age, sex, disability, marital status, affectiona1/sexua1 preference, public assistance status, ex-offender status, or national origin; and no person who is protected by applicable Federal or State laws against discrimination shall be otherwise subjected to discrimination. 6. NON-ASSIGNMENT OF SERVICES The provisions of this Agreement shall not be assigned, sublet, or transferred without the prior written approval of the County. 7. INOEPENOENT CONTRACTOR It is agreed that nothing herein contained is intended, or should be construed in any manner as creating or establishing the relationship of co-partners between the parties hereto, or as constituting the City as the (Page 3) . . agent, representative, or employee of the County for any purpose in any manner whatsoever. The parties are to be and shall remain independent with respect to all services performed under this Agreement. The City represents that it has, or will secure at its own expense, all personnel required in performing services under this Agreement. Any and all personnel of the City or other persons, while engaged in the performance of any work or services required by the terms of this Agreement, shall have no contractual relationship with the County, and shall not be considered employees of the County, and any and all claims that mayor might arise under the Workers' Compensation Act of the state of Minnesota on behalf of said personnel or other persons while so engaged, and any and all claims whatsoever on behalf of any such person or personnel arising out of employment or alleged employment including, without limitation, claims of discrimination against the City, its officers, agents, contractors, or employees, shall in no way be the responsibility of the County; and the City shall defend, indemnify, and hold the County, its officers, agents, and employees harmless from any and all such claims regardless of any determination of any pertinent tribunal, agency, board, commission, or court. Such personnel or other persons shall not require, nor be entitled to, any compensation, rights, or benefits of any kind whatsoever from the County including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, Wo~kers' Compensation, Unemployment Compensation, disability, severance pay, and PERA. 8. COMPLIANCE WITH LAWS ~ The City agrees to comply with all State statutes, regulations, and ordinances pertaining to solid waste management and recycling including, but not limited to, the applicable provision in Minnesota Statutes, Chapter 11SA, and 473.01 now in force or hereafter enacted. 9. DATA PRIVACY All data collected, created, received, maintained, or disseminated for any purposes by the activities of the City in the performance of the provisions of this contract is governed by the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13, and all other statutory provisions governing data privacy, the Minnesota Rules implementing such Act now in force or hereafter adopted, as well as Federal regulations on data privacy. 10. MERGER AND MOOIFICATION It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. Any material alteration or modification of this Agreement shall only be valid when reduced to writing as an Amendment to this Agreement signed by both parties. 11. CANCELLATION This Agreement may be cancelled by either party upon thirty (30) days' written notice. (Page 4) . . The City, having signed this Agreement, and the Hennepin County Board of Commissioners having duly approved this Agreement on , 19___, and pursuant to such approval and the proper County officials having signed this Agreement, the parties hereto agree to be bound by the provisions herein set forth. Approved as to legality, form, and execution. COUNTY OF HENNEPIN, STATE OF MINNESOTA By: Assistant County Attorney Chairman of Its County Board Oate: And: Associate County Administrator ATTEST: Clerk of the County Board CITY OF SHOREWOOD By: Its Mayor ATTEST: (Title) . QSM~~ · . Mayeron& Associates, Inc. fiLL LUrr S[-J' 15 202\ East Hennepin Avenue. Minneapolis. MN 55413 612-331-8660 FAX 331-3806 Engineers Surveyors Planners September 14, 1988 SI:.P l " Mr. Bernie Eisenreich 5605 Star Lane Excelsior, MN 55331 RE: Completion and Acceptance of Street and Utilities Westwood Fourth Addition City of Shorewood OSH Comm. No. 1744.80 Dear Mr. Eisenreich: This letter is in response to your letter dated August 29, 1988. After inspecting and reviewing the utl1 ities and street on the aforementioned project, we acknowledge that the project is complete and recommend that the City of Shorewood accept the street and utilities. . If you have any questions, please call. Respectfully, ORR-SCHELEN-MAYERON & ASSOCIATES, INC. (~o.,-tyl)Q II ;Vorl~^-lt/LCT ~mes P. Norton, P.E. City Engineer cc: ~r. Brad Nielson, City of Shorewood Mr. Bud Abel Bond Department American States Insurance Company '500 Meridian Street North Indianapolis, IN 46204 </LJ MEMORANDUM . . MAYOR Robert Rascop COUNCI L Jan Haugen K risti Stover Robert Gagne Barb Brancet 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: 22 SEPTEMBER 1988 RE: SWEETWATER AT NEAR MOUNTAIN. 3RD ADDITION - FINAL PLAT FILE NO.: 405 (88.40) Lundgren Bros. Construction has submitted a final plat for Sweetwater 3rd Addition. Attached is the City Engineer's report. dated 13 September 1988 and a draft amendment to the Near Mountain P.U.D. development agreement. The plat (Exhibit A of the development agreement) is consistent with the previously approved preliminary plat. Specifically. 26 of the proposed lots are. of the "Type A" variety. Lots 18. 19 and 20 are "Type B" lots. All lots meet the minimum area and width requirements for their respective types. It should be noted that Outlots A and B are designated wetlands. over which the developer must provide conservation easements in favor of the City. Staff recommends approval of the final plat subject to the provisions of the attached development agreement. You will note that as of this writing the sewer equalization charges have not been calculated. These will be attached to the development agreement. Since the number of units for this particular phase of the project has been reduced from 58 units to 29. park dedication fees are calculated as follows: 29 units @ $500 29 units (58-29) @ $350 total BJN:ph cc: Dan Vogt Glenn Froberg Jim Norton Mike Pflaum = $14.500 = 10.150 $24.650 A Residential Community on Lake Minnetonka's South Shore 5 .~ . . Orr . ~ O\U =& SEP I 4 ,",) ~ WI. Associates, Inc. September 13, 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 Sweetwater at Near Mountain 3rd Addition Shorewood, Minnesota OSM Comm. No. 1744.23 Dear City Officials: We have reviewed the plans and specifications for the Sweetwater 3rd 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 - Erosion Control - Streets SANITARY SEWER: The proposed sanitary sewer is a gravity sewer comprised of 8" PVC which will connect to existing stubs at the intersection of Sweetwater Curve and the proposed Silver Lake Trail and Near Mountain Boulevard and the proposed Silver Lake Trail, completely within the proposed R.O.W. The system conforms to all City of Shorewood specifications. WATER: The proposed watermain is comprised of an 8" D.I.P. Class 52 system within the proposed R.O.W, connecting to the City water system to existing stubs at the previously mentioned intersections. The watermain must be shown in profile view on the final plans. STORM DRAINAGE AND GRADING: All catch basins should be on the radius point and not on the center of radius. Catch basins numbers 2 and 3 on the western end of Silver Lake Trail should be moved to the east approximately 50' to align with the lot lines between Lots 2 and 3 of Block 2 and Lots 1 and 2 of Block 1. The appropriate grade changes will have to take place on the streets. Also, slight swales should be constructed down these lot lines; this will allow for emergency overflow in the event of catch basin blockage or a 100 year ra i nfa 11 event, and shoul d prevent water fl owi ng through driveways into homes. All grading shall maintain 3:1 slopes. The classes of storm drain R.C.P. must be shown on the final plans. The final 3 sections at Flared End Section (FES) outlets shall be physically tied and shall be so called out on the plans. . . . Page Two City of Shorewood September 13, 1988 The NWL of the wetland of Outlot B must be shown on the plans and the FES outlet from MH-4 shall be at that elevation. Also, an emergency overflow swale should be constructed between Lots 5 and 6 of Block 2. EROSION CONTROL: Erosion control shall be established around all outlets at pond- ing areas to prevent sedimentation of the ponds. All drainage swales shall have erosion control placed at reasonable intervals along the swale. All JiL!rgatnry 'Cr~~!c w.t'.t.~r~.h.~d Pjstrict ..permittillg pol.icies and r~com~e~cfations shall be adh~red to. ". . - . '. STREETS: All street grades should be kept below the maximum 6% and above the minimum 0.5%. If they can not be kept within these limits, you must explain why with the absolute upper limit being 8%~ These two City of Shorewood ordinances (1202.05) will affect Sierra Circle. We would be happy to discuss these review comments with you. Please call if you have any questions. Respectfully, ORR-SCHELEN-MAYERON & ASSOCIATES, INC. d~ f 1~ James P. Norton, P.E. City Engineer JPN:mlj cc: Sathre-Bergquist Mike Pflaum, Lundgren Bros. Construction, Inc. Phil Tipka, OSM . . RESOLUI'ICN N). A RESOWI'ICN APPlVVIOO '!HE FINAL PLAT OF SWFIDWATER AT NEAR MXN.rAIN 3RD AIDITICN IN TIm CI'IY OF SImE.WXD WHEREAS, the final plat of Sweetwater at Near l\buntain 3rd Addition has been subnitted in the marmer required for the platting of land under the Shorewood Ci ty Code and under Olapter 462 of Minnesota Statutes, and all proceedings have been duly had thereunder; and WHEREAS, said plat is consistent with the Shorewood Cmprehensive Plan and the regulations and requirements of the laws of the State of Mi~esota and the Ci ty Code of the Ci ty of Shorewood. N:l\1, 'lHEREFtlm, BE IT RESOLVED, by the City Council of the City of Shorewood: 1. That the plat of Sweetwater at Near l\buntain 3rd Addi tion is hereby approved. 2. That the approval is specifically conditioned upon the terms and condi tions contained in the Developnent Agreement for Sweetwater at Near l\buntain 3rd Addition, attached hereto and made a part hereof. 3. That the Mayor and City Clerk are hereby authorized to execute the Certi ficate of Approval for the plat and the said Developnent Agreement on behal f of the Ci ty Counci 1. 4. That this final plat shall be filed and recorded within thirty (30) days of the date of certification of this Resolution. BE IT FURlHER RESOLVED, that the execution of the Certificate upon said plat by the Mayor and City Clerk shall be conclusive, showing a proper compliance therewith by the subdivider and City officials and shall entitle such plat to be placed on record forthwith without further fonnality, all in compliance with Minnesota Statutes and the Shorewood Ci ty Code. AIX>PI'ED BY TIm CI'IY Cl:UiCIL of the Ci ty of Shorewood this 26th day of September, 1988. Robert Rascop, Mayor A1TEST : Sandra L. Kennelly, City Clerk . . CIlY OF SH.:Jm\\U]) DEVEI.DRVEm' AGREE\mI' SWEEIWATER PJ NEAR MXJNrA.IN 3RD AlDITICN nns AGREB\1ENT, made this day of , 1988, by and between the CIlY OF SH.:Jm\\U]), a Minnesota rmmicipal corporation, hereinafter referred to as the "Ci ty" and UlNIXEEN B'RCl). a::NS'l.'RI:Cl'ICN IlC., hereinafter referred to as the ''Developer''. WHEREAS, Developer has previously entered into a Developnent Agreement with the City dated July 28, 1986, for the developnent known as Near lVbuntain; and WHEREAS, Developer has previously filed with the City the first, second, third, fourth, and fifth final plats for said developnent; and WHEREAS, Developer now desires to file the sixth final plat for said deveI opnent, which is the plat of Sweetwater at Near lVbuntain 3rd Addition, which is areplat of the lot orignally platted as Sweetwater at Near lVbuntain, and which replat is attached hereto and made a part hereof as Exhibi t A. ~, 'IHEREl'Um, in consideration of the foregoing premises and acceptance by the Ci ty of the final plat of Sweetwater at Near lVbuntain 3rd Addition, the City and Developer agree as follows: 1. The Developer shall sutmit an Agreement Providing Alternative Security for Subdivision Improvements for the property platted as Sweetwater at Near lVbuntain 3rd Addition, for review and approval by the City prior to recording of the plat. 2. Developer shall provide a copy of its proposed Declaration of Covenants, Conditions, Restrictions, and Reservations, for Sweetwater at Near lVbuntain 3rd Addi t ion, for review and approval by the City prior to recording of the plat. Said Declaration shall be recorded conterrporaneously with the plat and proof of filing thereof furnished to the City. ,----3. Developer RhSlll p"'O'tride the Ci ty wi Urconservat ion easements- over O1t lot s A ang~,~@,~..des.ignated.w.eUa.nd.s-~~,~ ,<:,;;--,-"-<;-,.~--,..-..-..';"''''-'-;''''''"_''''':~''''''''''~''~'>'' 4. Developer acknowledges that as a newly platted developnent, additional sums will be assessed against the property as equalization charges pursuant to Shorewood City Code. 3, J1..-~ I (.()u '~'",.~..t".. '4' Ol 0/:-.6 6~ o( tI"'/ l , ., .'1 /rt .IL~~ 4. LA - .", ,I - - V,( ( cb; u~ ~la~n,/ --- ' ,1/ {"'.... / . . Developer and the Ci ty agree that all such charges are to be added to the balance remaining on the original assessments and spread over the subject property. Installments shall be paid 8Illlually for the remainder of the term of the original assessments, together with interest on the balance remaining, at the rate of six and one-half percent (6.5%) per 8IlllUD. A schedule of such charges is set forth in Exhibit B, attached hereto and made a part hereof. 5. All other applicable provisions of the Near M>untain Developnent Agreement executed by the parties on July 28, 1986, are hereby made a part of this Agreement and are fully incorporated herein by reference. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year first above wri tten. UJNDrnEN BIOS. aNS'll<<X:l'ICN INC. CI1Y OF SImE.WXD By: By: Its: It s : Mayor ATI'EST: Ci ty Clerk . . 5TATE OF MINNEsorA } } ss CXJ.NIY OF HENNEPIN } en this day of , 1988, before me, a Notary Public within and for said County, personally appeared Robert Rascop and Sandra L. Kennelly, to me personally known, who, being each by me duly sworn, did say that they are respectively the Mayor and Ci ty Clerk of the mmicipal corporat ion named in the foregoing instrunent, and that said instrunent was signed and sealed in behalf of said corporation by authority of its City Council, and said Robert Rascop and Sandra L. Kennelly acknowledged said instrunent to be the free act and deed of said corporation. Notary Pub I ic 5TATE OF MINNEsorA } } ss a:xNlY OF HENNEPIN } en this day of , 1988, before me, within and for said County personally appeared and to me personally known, who, being each by me duly sworn did say that they are respect ively the and of the corporation named in the foregoing instrunent, and that the seal affixed to said instrunent is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors and acknowledged said instrument to be the free act and deed of said corporation. Notary Public UllI AT NEAR MOUNTAIN ADD I T I 0 N~ ~:? I .~~,,;:.~.. ...... . A"P;io ,.\,. f'".,"!t.'}J. I - ,,"'~ t;to"U-" ,t.Y" -;<;i'" (i : . .>. :"!~~ · 17'00'00' E . c~ J4t,'t ",. \.#.;,.",00..- . 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I-' INSET '"d ~ .~ c ~<?- ~~ ..- . . -- . \AI .- T I AND n c. ... It . .. ,;.tt. . t~ MCUITUI \ . . T " . . . . . . . .. " I . T. I. II.. \ AT NEAR MOUNT"IH ---I . M:" .---COUNTY I ~PPERS ...c.ss AT MEA". MCUNT.tIN I IlO '1i/dW..........."..0II.- I- 'mrG!'m~fi'fl==, I CHESTtAlT ftlCG€ o\T NEAR MOUNTAIN 5TH AOCITION 2Nt ADDITION 11" If. lI..f. ~:, ~. SWEETWATER AT NEAR 3RD MO UNTA IN R.T. DOC. NO. ADDITION ( INSET) , .f .~" CHEsn4UT RIOGE AT NEAR MOIJNTAlt: 9TH AC~:T1Cm 4t ~ /}' L !!;1 ~ ~. , ' I '~~V.r\ I...,a " q;' ~- ~ \" ~ /" .. VJETLAND '" \ OUTLOT . DUN" AND UTa.IT, IAR...,.' Alii ,_N THUS, . --.l1rLl- t I K.NGD ,n'!'J.WJlItIf ANO aDoIO'NING ~~~:.U :11iim,U: l~~~ · THI: PLAT. . T_~ hi: KALE IN . Is1ur.tl:' '011 ,iC .AII_ ,nTI_ IS o , DlNOTES ,_ IIOIIUlIlrIlT '" NDTI'a&.L ILEVaTlOllS_ _ _ ON ..._ GEODrttt yt.fbL _",11ft. ._, !l"~IaIT~~oc&TQ=,= ~:"f&.Il!llim'1t. .all - I .. . . t " . . . . . . . . II I . t. I. Co Iltl.'..... . . CITY OF SBOREWOOD NOTICE OF PUBLIC BEAR.ING TO WHOM IT MAY CONCERN: Notice is hereby given that the Shorewood City Council will conduct a Public Hearing at 8:00 p.m. on Monday, September 26, 1988 in the City Council Chambers located at 5755 Country Club Road for the purpose of receiving comments from the Public regarding the adoption of the fiscal year 1989 General Fund Budget and a resolution approving the 1988 Tax Levy, collectible in 1989. Copies of the budget will be available for Public review at City Hall on September 21, 1988. Any oral or written comments from interested persons will be heard at that time. Sandra L. Kennelly City Clerk (Publish in the South Shore Weekly on September 15, 1988) (Publish in the Exce1sior/Shorewood Sailor on September 12, 1988) 7 , . . SHOREWOOD MEMO: DATE: ~. t 1. ~8g TO: t^c..10{ t1.w\.J. (:\~.'/ (O..J'f~(,~ l FROM' .a. . 'i ,. \ . " , {).Q ""\ \ 4.. "..t..f'\ lh"~ ? t a.,~.r C ~r~rt -f:, (" l1"",\ 11- \3 ,.j.\ \ ~L fo r~"MJj/J.. \J M~ 4. ,.. '7 q.f' ",,. ~ ~ ~ ( 0" U · if- ~ .R RELATIONS ASSOCIATES, IN. 7501 Golden Valley Road Golden Valley. Minnesota 55427 612/546-1470 September 15, 1988 TO: Mayor Rascop Council Member Brancel Council Member Gagne Council Member Haugen Council Member Stover FROM: Karen Olsen, Consultant Labor Relations Associates, Inc. SUBJECT: COMPARABLE WORTH COMPLIANCE I. BACKGROUND In 1984 the Minnesota legislature passed the Comparable-Worth Law which requires public employers to conduct a job evaluation study, determine "comparable work value" based on knowledge, responsibility, effort and working conditions and establish "reasonable compensation relationships" for all positions, with the exception of elected officials and certain part-time, temporary and seasonal employees. In establishing "reasonable relationships" employers are to consider internal and external compensation relationships between all positions, with "comparable work value" being a primary consideration. During the 1988 legislative session the legislature passed a bill which provides a penalty for noncompliance in the form of an amended tax levy limit and reduced State aids. This new legislation requires that a plan for compliance be developed and reported to the Commissioner of Employee Relations by October 1, 1988. The plan for implementing equitable compensation must provide for complete implementation not later than December 31, 1991, unless a later date has been approved by the Commissioner. II. COMPLIANCE APPROACHES USED BY CITIES AND OTHER PUBLIC EMPLOYERS While the 1984 Comparable Worth Law includes criteria for defining "reasonable compensation relationships" the Law does not contain specific procedural directives regarding how compliance /(J . Mayor and City Council Members September 15, 1988 Page Two . is to be achieved. During the 1988 legislative session a bill was introduced which would have required employers to raise the average compensation for female-dominated classes to the average compensation for male-dominated classes. In other words, the pay trend line for male-dominated classes would have been the required standard for pay equity adjustments. This proposed bill was withdrawn, so that the only Comparable Worth Law amendment passed in 1988 was the penalty for noncompliance. Many public employers, including numerous cities and counties, have analyzed pay relationships by developing an "all employee" pay trend line and using this line as the standard for pay equity adjustments. This pa~ trend line is developed by constructing a scattergram in which comparable work values (job evaluation points) are plotted against maximum salaries. A "line of best fit" for the plotted points is then determined by a "least squares" multiple regression analysis. This line represents the pay trend line. It is typically adjusted at the upper end by adding five to ten percent to the line to include consideration of noncompensated overtime for exempt employees under the Fair Labor Standards Act. This adjustment is made to recognize that noncompensated overtime is a "working condition" not addressed in the job evaluation study. "Comparable work value," as defined in the statute, is to include consideration of knowledge, effort, responsibility and working conditions. Since nonexempt employees with considerable overtime may earn an annual salary which exceeds that of exempt supervisory personnel, consideration of noncompensated overtime as a working condition is needed to develop the "proportional" relationship of point values to compensation which is required by law in the definition of "reasonable relationships." Recognition of noncompensated overtime will help to relieve the salary compression for supervisory and management positions which has been documented in two compensation studies conducted by Hay and Associates for the Minnesota legislature. Following determination of a pay trend line adjusted to consider noncompensated overtime for exempt employees, two "salary corridors" of t 10% are constructed around the pay trend line. These corridors are based on the settlement of a pay equity dispute between the City of San Jose, California and a public employee union, AFSC&ME. This conflict resulted in a strike; settlement terms included providing for initial pay equity adjustments up to the 90% corridor for all positions for which compensation fell below. Based on this concept, and because a certain amount of variance from the pay trend line is expected due to errors of measurement in assessing job value and other factors, many public employers have adopted salary corridors . . Mayor and City Council Members September 15, 1988 Page Three as a means of determining pay equity adjustments needed to achieve compliance. Many employers have adopted a plan to adjust all salaries to the 90% corridor for the first year, to the 95% corridor for the second year and to the 100% corridor for the third year. III. RECOMMENDED PLAN FOR COMPLIANCE FOR THE CITY OF SHOREWOOD Shorewood has complied with the legal requirements to complete a job evaluation study and determine "comparable work value" for all positions. Job descriptions were updated and reviewed by incumbent employees, their supervisors and the City Administrator. A "job match" system as described in the Local Government Pay Equity SUPPLEMENT FOR CITIES, October, 1984 prepared by the Minnesota Department of Employee Relations was used to obtain point values for each job. City jobs were matched to the benchmark jobs included in the Joint Cities' study of approximately 134 cities throughout the State of Minnesota. City of Shorewood maximum salaries have been plotted against job evaluation points in the attached scattergram and an "all employee" pay trend line has been developed with computer assistance. Exhibit A indicates the point values for all City jobs. Exhibits B through E represent a series of computer-generated scattergrams and data tables as follows: 1. Exhibit B shows the all-employee pay trend line and the all-employee pay trend line adjusted by adding 5% for exempt positions (the broken line). 2. Exhibit C shows the pay equity adjustments required to bring all jobs below the 90% corridor up to that corridor. 3. Exhibit D shows the pay equity adjustments required to bring all jobs below the 95% corridor up to that corridor. 4. Exhibit E shows the pay equity adjustments required to bring all jobs up to the 100% all-employee pay trend line. Exhibit F is a cost analysis prepared by the City Administrator. . Mayor and City Council Members September 15, 1988 Page Four . The cost analysis provided by the City Administrator and examination of Exhibits B through E indicate that "phasing in" comparable worth compliance in the three-stage approach (adjustments to the 90% line, the 95% line and the 100% line over three years) is a cost-effective plan. It also appears to be a viable concept for legal compliance in attempting to establish "reasonable compensation relationships." Salaries above the 100% line must also be considered in planning for compliance. Many employers are seeking to retard the rate of growth of salaries above this upper corridor by providing for smaller increases and/or cash payments in lieu of increases on the salary base. For nonunionized employees, employers may unilaterally implement pay equity adjustments~ In preparing for negotiations with employee bargaining units, employers are to prepare compensation proposals consistent with the establishment and maintenance of "reasonable compensation relationships." The City's plan for compliance is cost-effective, meets the timetable required by law, and is consistent with compliance efforts made by other public employers. Therefore, it is recommended for adoption by the Mayor and Council. KO:hfc Attachments *JOB # 1 2 3 4 5 6 7 8 9 10 11 12 13 . . POINT VALUES 114 100 85 73 65 63 57 56 53 52 52 52 50 *Job numbers are the keys for the scattergram in Exhibits B through E. EXHIBIT A CITY OF SHOREWOOD POINT VALUES FOR CITY JOBS POSITION/TITLE City Administrator/Treasurer Finance Director Planner/Building Official Public Works Director City Clerk . Assistant Public Works Director Senior Accounting Clerk Planning Assistant Light Equipment Operator/Laborer Deputy Clerk/Staff Representative Parks Off-Sale Liquor Clerk Secretary/Reception Accounting Clerk/Data Entry [> -0-0 00 ~~ o Z ~ "-J o lD o ..... ..... o ..... o .- MONTHLY WAGE RATE (. (Thousands) ..... ~ o ~ 01 ~ 01 ~ o ~ o ~ 01 01 ..... ~ EXHIBIT B PAGE 1 01 o (f) I o ;0 rrl ~ o o o o ;U 0-0 ~~ ;U f!3rrl ;Uo ~c 0- z-I ~-< rn)> IZ ~)> 'r ~-< 6l-(f) to - (f) .,., o ;0 ~ lO en (Xl t> \)\) 00 (/)z -i(rl o Z ~ ..... o lD O. ~ ~ o ~ o ... ~ 01 MONTHLY WAGE RATE <. (Thousands) "" o "" 01 VI o VI 01 ~ o ~ 01 01 o I-' rr> Page 2 01 01 (1) :r: o ;0 fTl ~ o o 010 ~ ~-u 0)> 8-< dfTl Qo ~c ~- \)-j o~ (/) 6)> zZ tp)> CDr ~~ &(1) (1) '1 o ;0 ~ 1O (Xl (Xl .. I ... .. :& .. ... .. ::: o n ~i a .:: :--~ a..MI)' .:& 0 .. il ;~f:.. ;: , ., :: ! oglo" .. III . -_ ~~ -c a .. c .. I ~ :' II - .. . ~ i ~ i :: 00 82 :)I'- D'~ 00... ~e:: ",...::f ::;;;s;ilI~ rf..i,........"~"..." .~ e= ~iiil..!!~!fi = !:!nn!ll'i ~- --J r: l"--..t1! -!t~!I",_.. "!!t;a-::';;"'~i:;-~ ! ~Il.i, :~!i go t-- i~ll" lill. S It''*~''i . .. ll... .. - !!. !. ..........."'''''''''' Iii .. ! ei .. a I NNNNNNNN_____ N- 8888888888888 i& i i!l!i i ...~a....a... II-i- - : ."'r-.. .. .. N. '" ~ 19 lJl: O-N-.__D___O_ :: ...;1 .. .. .... - Ie II I II I'll II II I II II II II : ... i :~ . . =:::~=t:~~t&~si= = ... 0; I~jjlllilllll .. ------ ......0...000000 ~::,i~81s~kblt:t~~ ---.--- ........000000 a,ililili~is8a=~l:~ ....r-...... I:i:!~ i~-~ -c,..Is: Ees !C~ r-M_r" i~18 I !it i . i: ~iiiSiSjl~~~~!i~~~1 ~~~~~~2.j~N_~ 8 ~ ,.. :s:1 ~iiiB~I~~~;ii i~~; ,.. :S:I ~iii!~e~;~~!~ i~S= ~888af~~s~S~E S~!it 1IIIil~~II~ijli~~:1 . iiiiSiSj~~~~i!i~ lI!~~~~~2.00!0.~! 8 . ,.. ~iiiiSifS~J:l~.:;~:i~ sssss...;!!i~;;;JilIl: ;t . iiiiiIIH!;~~!~! i~ ~.........J:l-li!~S_D'Nl:i! 8 1IIIil~~I~fi~li~ iii ;;; i .. ; '" : i ,.. i .. II ..: 0- i~ ..I .. is - .. ... . i'" .." ! @ :; -c J -c .. ;; Page ~ NOl.1lSOd V S.LNIOd O~ ~ 06 OL '"dt>:l >>< C':l::C t>:lH t;,:l ..... H 1-":1 C":l 88/~~/eo-3Nn N~8 Z06 0.1 a3SI~ saor 886l ~O~ SISAlVNV Al1n03 AVd OOOM3~OHS 09 5~ OZ: . 5Z: ~ 0 z O~ -~ 5'~ 5~ ~ ~ ::J rTJ !~ Ov ~ rTJ . 5ir 05 55 .. .... 08131/88 SHOREWOOO PAY EQUITY ANALYSIS FOR 1988 ADJUSTED REGRESSION ANALYSIS WITH POSITIONS BELOW 90X LINE RAISED TO THAT LINE AND NEW LINES RECALCULATED (BASED ON BROKEN LINES ADDING 51 TO EXEMPT POSITIONS) F E CLASS M M ---------A A 7/22/88 EaEXEMPT MaMale L L MAXIMUM NaNON- 1aE FaF...le E E TOTAL PERCENTAGE ANNUAL ~tIII'-~~~------_______.____~~~~~~_____~:~~_~:~~~~__~_____~_____~~~~~~~~_~~~~~___~~~~~__~~~~___ City Admin/Treas 1.00 M 1 OX 114 38500 Finance Director 1.00 B 0 OX 100 35000 City Planner/Bldg Official 1.00 M 1 OX 85 33504 P~lfc Works Director 1.00 M 1 OX 73 33996 City Clerk 1.00 F 1 1 1001 65 28200 bst ~l ic Works Dir 2.00 B 0 OX 63 23296 Sr Accounting Clerk 2.00 F 1 1 100X 57 20220 Plaming Assistant 2.00 F 1 1 100X 56 20280 Light Equipnent Cpr 2.00 M 6 6 OX 53 2204~ Secretary/Receptionist 2.00 F 1 100x 52 12688 Retail Clerk-Liquor 2.00 M 2 2 OX 52 19032 Deputy Clerk 2.00 F 1 1 100x 52 17580 Acctg Clk/Data Entry 2.00 B 0 OX 50 16640 . 11 311 5 16 N Q.I bO Cd 901 BRieN j:l., LINE COST TO I CHANGE 1988 ADJUST TO TO ADJUST PROPOSED 90X LI NE TO 90X MAX I MUM PROPOSED PROPOSED ANNUAL ANNUAL ANNUAL SALARY RATE RATE ...---.-- ...-.---- .......-. 42897 4397 " .421 35218 218 0.621 33504 0 o.oox 33996 0 O.OOX 28200 0 O.OOX 23296 0 O.OOX 20220 0 O.OOX 20280 0 O.OOX 2Z048 0 O.OOX 17057 4369 34.441 19032 0 O.OOX 17580 0 O.OOX 16640 0 O.OOX t> "U"U 00 (/)z =l(ri o z -. . MONTHLY WAGE RATE I (Thousands) ...... 01 "-> o 01 o "-> 01 VI o VI 01 ~ o ~ 01 ~ "-J o 1O o ...... ...... o EXHIBIT D Page 1 01 01 (f) I o ;0 fTl ~ o o c...O o ~-o ~)> (/)-< IT1 o dfTl lOO O1C ~- ID-1 ~-< z c)> ~z b)> ~r VI-< ,(f) m(f) ,., o ;0 ~ lO (X) (X) .. 08/31/88 SHOREWOOO PAY EQUITY ANALYSIS FOR 1988 . ADJUSTED REGRESSION ANALYSIS WITH POSITIONS BELOW 95X LINE RAISED TO THAT LINE AND NEW LINES RECALCULATED (BASED ON BROKEN LINES ADDING 5X TO EXEMPT POSITIONS) F E CLASS M M ---------A A 7/22/88 E-EXEMPT MaMele L L MAXIMUM N-NON- 1-e F-Femele E E TOTAL PERCENTAGE ANNUAL ~~~~------------------~~~~~-----~~~-~:~~~--~-----~-----~~~~~~~~~-~~~~---~~~~~--~~~~~--- City Aalin/Trees 1.00 M 1 1 01 114 38500 Finence Director 1.00 B 0 01 100 35000 City Planner/Bldg Offieiel 1.00 M 1 01 85 33504 P\blfe Works Director 1.00 M 1 01 73 33996 City Clerk 1.00 F 1 1 100x 65 28200 Asst Plblfe Works Dir 2.00 B 0 01 63 23296 Sr AeeCUlting Clerk 2.00 F 1 1 100x 57 20220 Plenning Assistent 2.00 F 1 1 100x 56 20280 Light Equipment Opr 2.00 M 6 6 01 53 22048 Secretery/Receptfonist 2.00 F 1 1 100x 52 12688 Reteil Clerk-Liquor 2.00 M 2 2 01 52 19032 Deputy Clerk 2.00 F 1 1 100X 52 17580 Acetg Clk/Dete Entry 2.00 B 0 OX 50 16640 11 5 16 31X . 95X BRKN LINE 1988 PROPOSED MAX I MUM ANNUAL SALARY 45280 37175 33504 33996 28200 23296 20220 20280 22048 18005 19032 18005 17505 COST TO X CHANGE ADJUST TO TO ADJUST 95X LINE TO 95X PROPOSED PROPOSED ANNUAL ANNUAL RATE ..,-RATE ~. . ---------" --------- L~ 6780 ;. ',- '\ 17.61X 2175 \ q~ 6.21X o O.OOX o O.OOX o O.OOX o O.OOX o O.OOX o 0.001 o "'~~ 0.001 5317 41.91X o ~ O.OOX 425 ~~ 2.421 855 5.201 N Qj 00 111 ~ t> 1)1) 00 lI)Z ::f~ o Z . MONTHLY WAGE RATE' (Thousands) ...... ~ o VI 01 ~ 01 01 o 01 01 VI o ~ o ~ 01 01 ~ ..... o lD o ...... ...... o EXHIBIT E Page 1 . -- O'l o (f) I o ;0 rrl ~ o o 50 CD lI) ~-o -)> ~-< o -f o rrl ......0 8c ~- CD-I ~-< ~)> ZZ 1"'1 b)> (X) I ~-< ......(f) ,- ~(f) ., o ;0 ~ LO OJ OJ 08131/88 SHOREWOO PAY EQUITY ANALYSIS FOR 1988 ADJUSTED REGRESSION ANALYSIS WITH POSITIONS BELOW 100x LINE RAISED TO THAT LINE AND NEW LINES RECALCULATED (BASED ON BROKEN LINES ADDING 51 TO EXEMPT POSITIONS) F E CLASS M M .........A A 7/22/88 EaEXEMPT M-Mlle L L MAXIMUM N-NON. 1aE F-Female E E TOTAL PERCENTAGE ANNUAL WITLE EXEMPT 2-NE BaBlncd S S EMPLOYEES FEMALE POINTS SALARY . -.-......--..------.-.-.-.-.-..-.....-----....-----...---------....-.-.-.--.---.-.-------.---.- Cfty Acilfn/Trels E 1.00 M 1 1 01 114 38500 Ffnence Dfrector E 1.00 B 0 01 100 35000 Cfty Plenner/Bldg Offfcill E 1.00 M 1 01 85 33504 Plblf c Works D f rector E 1.00 M 1 01 73 33996 Cfty Clerk E 1.00 F 1 1001 65 28200 Asat PlGlfc Works Df r N 2.00 B 0 01 63...2J296- Sr Accountfng Clerk N 2.00 F 1 1 1001 57 20220 Pleming Assfstlnt N 2.00 F 1 1 1001 56 20280 Lfght Equfpnent Opr N 2.00 M 6 6 01 53 22048 Secretlry/Receptfonfat N 2.00 F 1 1001 52 12688 Retlfl Clerk-Lfquor N 2.00 M 2 2 01 52 19032 Deputy Clerk N 2.00 F 1 1001 52 17580 Acctg Clk/Dltl Entry N 2.00 B 0 01 50 1U40 . 11 311 5 16 1001 BRKN LINE 1988 PROPOSED MAXIMUM ANNUAL SALARY 47663 39132 33504 33996 28200 23296 20336 20280 22048 18953 19032 18953 18426 N Ql be COST TO I CHANGE l\l p.. ADJUST TO TO ADJUST 100x LINE TO 1001 PROPOSED PROPOSED ANNUAL ANNUAL RATE RATE ------..- --------- .. ......) 9163 /1 '/J ~ 23 . BOX 4132 '\!)I., 1'.BOX 0 0.001 0 0.001 0 0.001 0 0.001 116 \ \I!; 0.571 0 0.001 0 0.001 6265 :\ 49.371 0 0.001 1373 q ~16 7.811 ~1 1786 (P)I-) t-10.731 MEMO TO: FROM: DATE: SUBJECT: . . MAYOR Robert 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 Counci1members Dan Vogt September 15, 1988 Costs of Implementing Pay Equity Plan The items which are included with this mailing show pay relationships between the various employment positions which are in existence in the City. You will note that the positions of Assistant Public Works Direc- tor and Accounting Clerk/Data Entry are listed on the information. These positions will not be used when calculating the cost of implementa- tion. Also, an estimated salary of $35,000.00 is used for the Finance Director position. The total wages paid excluding Accounting Clerk/Data Entry and Assistant Public Works Director and assuming a $35,000.00 salary for the Finance Director amounts to $410,320. Of that amount, $372,256.00 is attributable to mainly general operations and $38,064 attributable to_the liquor fund To adjust jobs to get to the 100% line, 5 of 11 jobs receive pay adjust- ments. The total cost of those adjustments less the employer share of social security and PERA benefits is $21,049.00 or 5.1% of the total wages paid. The adjusted jobs are Deputy Clerk, Secretary/Receptionist, Sr. Accounting Clerk, Finance Director and City Administrator. Employer paid benefits amount to an additional $2,476. To adjust jobs to get to the 95% line, 4 of 11 jobs receive pay adjustments. The adjusted jobs are Deputy Clerk, Secretary/Receptionist, Finance Direc- tor and City Administrator. Finally, to adjust jobs to get to the 90% line, 3 of 11 jobs receive pay adjustments. The adjusted jobs are Secretary/Receptionist, Finance Direc- tor and City Administrator. The 1988 budget included $30,000.00 for salary adjustments. Regular salary adjustments made for the year total approximately $17,500. The remaining amount can be used for salary adjustments necessitated by comparable worth for 1988. The budgets for the upcoming years will be structured to cover the costs of compliance. EXHIBIT F A Residential Community on Lake Minnetonka's South Shore . . Memo to Mayor and Councilmembers Costs of Implementing Pay Equity Plan September 15, 1988 Page 2 The calendar 1988 budgetary cost to adjust to the 90% line totals $2,510.00 for the remaining three months. The calendar 1989 budgetary cost to adjust to the 95% line will total $9,125. This figure includes nine months of the 90% adjustment and three months of the difference between the 90% and 95% adjustment. The calendar 1990 budgetary cost to adjust to the 100% line will total $6,565. The calendar 1991 budgetary cost to cover the remaining nine months of the annual cost to achieve the 100% line totals $5,325. DJV/al EXHIBIT F . . REnnrICN N). RESOIDrICN SlnTIOO HEARIOO CN PIDPCEID ASSESS\1ENl' RE DELIN;JJENI' SmvER AND WA'IER urILI'lY <HAmES AND PRIVATE PIDPERlY CLEAN-UP <HAmES WHEREAS, Shorewood City Code provides for the City to place delinquent sewer and water utility charges and private property clean-up charges on the succeeding year tax rolls for the specified properties; and WHEREAS, the City Clerk has notified the Council that such proposed assessment has been completed and filed in her office for public inspection. NlV, "lHEREF(Jm, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. That a hearing shall be held on 'fuesday, October 11, 1988, in the Council Oumi:>ers of the City Hall to pass upon such proposed assessments, and at such time and place all persons owning property affected by such assessments wi 11 be given an opportunity to be heard. 2. That the City Clerk is hereby directed to cause a notice of the hearing on the proposed assessments to be published once in the official newspaper at least two weeks prior to the hearing, and shall cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. AOOPTED BY '!HE CI'lY CXXH::IL of the City of Shorewood this 26th day of September, 1988. Robert Rascop, Mayor ATI'EST : Sandra L. Kennelly, City Clerk Roll Call Vote: Ayes: Nays: //-1J-3 . . RESOLUrICN ID. RESOLUrICN AUllOUZIN3 'lllE ACQ]ISITICN BY EVIINEm' IXlVIAIN OF CERrAIN FASEVIENfS FeR WIDENIN3 AND S'IRAI<HI'ENIN3 WEIX:Jm\{lJ) I1UVE WHEREAS, it is necessary and advisable in the public interest that the City of Shorewood, Hennepin Qmnty, Minnesota, widen and straighten Wedgewood Drive, a street wi thin the Ci ty Limi ts of the Ci ty of Shorewood, Minnesota; and WHEREAS, in order to accooplish such purpose, it is necessary to acquire land shown in the attached Exhibi t "A", said Exhibi t "A" being made a part hereof by reference; and WHEREAS, the Ci ty of Shorewood has been advised and believes that the most feasible manner in which to widen and straighten Wedgewood Drive is as shown on Exhibit "A" and in order to accooplish the same, it is necessary to obtain pennanent easements for roadway and utility purposes as shown on said attached Exhibit "A". KJV, 'IHERERlm, BE IT RESOLVED by the City Council of the City of Shorewood, Minnesota, that the Ci ty of Shorewood proceed to acquire and procure title interests, as pennanent easements, to the land shown on Exhibit "A", attached hereto and made a part hereof, under its rights of eminent danain and that the City Attorneys, Froberg 81 Penberthy, P.A., Minnetonka, Minnesota, be and hereby are authorized, instructed and directed to file the necessary petition or petitions therefore, to serve the necessary notices therefore, and to prosecute such actions or proceedings to successful conclusion or until it is abandoned, dismissed or terminated by the City or by the Court; and that the Ci ty Attorneys, Mayor, and the Clerk of the Ci ty do all things necessary to be done in connection with the prosecution and successful conclusion and/or termination of such eminent danain proceedings. AOOPl'ED BY TIm CIlY CXlJl'CIL of the Ci ty of Shorewood, Minnesota, this 26th day of September, 1988. Robert Rascop, Mayor ATrEST : Sandra L. Kennelly, City Clerk Roll Call Votes: Ayes: Nays: I/-Il-tj LAKE MINNETONKA CONSERVATION DISTRICT 402 EAST LAKE STREET WAYZATA. MINNESOTA 55391 TELEPHONE 612/473-7033 TO: EUGENE R. STROMMEN, EXECUTIve DIRECtOR The Hanarable Rabert Rascap, HaY9T Daniel Vagt, Sharewaad Hanager~ IIOARD ....8EA8 Robert Raecop. Chairman Shorewood .JoE1"n Hurr. VIce Chairman Orono Carl H. Weisser, Secretary excelsior Mark Westlund. lteasurer Wayzata Marvin Slorlln "Ibnka Sey .Ian Soswlnkel Mlnnetonka Beech DavId Cochran Gr_nwood Albert O. Foster O-ph_n Ron Kraemer Spring Park John Lewman MlnnetrlBta John G. MaUnka Victoria Rober! K. Pillsbury Mlnnelonka Thomas W. R_ Mound Robert E. Slocum Woodland FROM: LHCD Baard Chairman Rabert Rascap SUB~: Appaintment af Directar to' the LHCD Baard DATE: September 1, 1988 The term af yaur appainted LHCD Directar expires September 30, 1988. These three-year terms pravide yaur City direct input an the praceedings af the LHCD Baard. The state statute gaverning the LHCD Baard af Directars re- quires the Directar's electian by the City's gaverning bady, namely, yaur City Cauncil. We invite yau to' prepare far this selectian pracess during September. Yaur natificatian af aur affice by a capy af the Ci~y Cauncil minutes ar ather afficial cammunicatian is requested pramptly upan the Cauncil's actian. Yau will be interested to. knaw that the LHCD Baard will be electing new afficers at its September 28 meeting. Yaur Directar is yaur vaice an all LHCD Baard praceedings and pragrams. Regular reparts to. the Cauncil fram yaur repre- sentative are encauraged and expected. Likewise, the Cauncil's cancerns and interest are expected to. be canveyed to. the LHCD Baard. Yaur Directar, Rabert Rascap, attended meetings as nated belaw: No.. Attended No.. af Meetings Baard af Directars Dack/Enviranment Cammittee Lake Use Cammittee 37 34 17 38 46 31 Meeting attendance is nat intended as yaur Directar's effectiveness. The between yaur City and the !.MCD Baard is cance in yaur Directar's effectiveness. a sale cirteria af infarmatian exchange a matter af signifi- The first meeting af the 1988-1989 Baard will be 7:30 p.m., Wednesday, Octaber 26, at the Tanka Bay City Hall. Thank yau far yaur thaughtfu1 attentian to. this impartant se1ectian. pp.ll'P~. ;11'11 /~ .~A--/ ... September 21, 1988 City of Shorewood 5755 Country Club Road Shorewood, MN. 55331 MEMO TO: Mayor Robert Rascop Council Members Ms. Jan Haugen Ms. Kristi Stover Ms. Barb Brancel Mr. Robert Gagne Committee Members Ms. Jane Kline Mr. Jeffrey VViles SUBJECT: Lake Virginia beaver situation. As I will be unable to attend the September 26 Council meeting at which we were to report on the situation concerning the beavers on Lake Virginia, please accept this memo as an update. At the summer meeting of the Lake Virginia Highland Homeowners Association meeting, the subject was discussed at length. The recommendation was made to apply the suggested chemical repellant, to discourage further damage by the beavers, as per the "beaver committee's" recommendation. After dis- cussion was complete, a vote was taken via written, signed, ballot. Twenty (20) of the twenty one (21) homeowners submitted ballots. The results were eighteen (18) opposed to chemical treatment, and two (2) in favor of chemical treatment. Reasons cited for nay votes were primarily as follows: . The continued (and still falling) excessively low water levels have caused the beaver to abandon use of the channel area. Therefore, there is no damage presently being done. The maximum depth of the water in the channel is now approximately six (6) inches, the entire length of the channel. This has rendered it totally unusable. There is no justification for spending large amounts of money on repellant, when the offenders are not currently present. This would prove nothing, and be a waste of money. . Objections to the toxicity of the chemical 10 the vicinty of the water were raised. .. . There was, heavy sentiment against using a repellant that would drive away the desire able and non destructive wildlife elements currently present, in order to repel the destructive beavers. . There was unanimous agreement that the problem is one of simple overpopulation, and that trap- ping and relocation should be utilized to solve the problem. In summary, our position is therefore, that: 1) Due to lack of current beaver activity, and objection to use of chemicals by a majority of the landowners, no. chemicals will be applied. 2) At such time that the water levels return to normal, and the beaver population returns, we will employ legal means of live trapping and relocation as a solution to the problem. It is our feeling that this should be an acceptable approach to all concerned, one that addresses the humane concerns for aD the wildlife present in the area, public safety concerns, and complies with legal regulations. If you have any questions, I will be happy to try to answer them. Yours truly, Tom Moll 6110 Lake Virginia Drive Shorewood MAYOR Robert Rascop COUNCIL 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 TO: Mayor and City Council FROM: Brad Nielsen, Jim Norton, Glenn Froberg, Don Zdrazi1 and Dan Vogt DATE: 22 September 1988 RE: Peterson, Jerry - Permit for Incidental Use of the Public Right-of-Way FILE NO: (R.O.W. PERMITS) Mr. Jerry Peterson, 20600 Garden Road, has requested a permit to plant lilac bushes in the boulevard portion of the Bayswater Road right-of-way (see attached application) pursuant to Section 901.02 of the Shorewood City Code. The staff has discussed this matter at great length and recommends that the application be denied based upon the following general concerns: 1. Safety. One of the most significant purposes of the boulevard portion of the right-of-way is its use as a reaction area for vehicular traffic. Our current standard for City streets pro- vides a minimum 10-15 feet of area along the traveled portion of the street in which a driver can see an animal or small child approach~ ing the street. To reduce this sight distance by allowing encroach- ments into the right-of-way poses serious hazard. Obstacles in the right-of-way also pose a hazard for snow plow operators and City equipment. Even such nonpermanent objects such as landscape stones can be frozen in winter and damage equipment. Landscaping can obstruct wing plows when snow needs to be cleared back from the street to allow room for more snow. 2. Maintenance/Snow Storage. Obstacles in the right-of-way decrease the efficiency of maintenance, both in terms of mowing and plowing. Although there is no current written policy, the Public Works De- partment attempts to keep boulevard vegetation no higher than 12-18 inches in height. Obstacles in the right-of-way can drastically increase mowing time. The City Engineer recommends a m1n1mum of 10-13 feet for snow storage. To reduce the area results in unacceptably high and potentially high snow banks. A Residential Community on Lake Minnetonka's South Shore Mayor and City Council R.O.W. Permits Page 2 3. Precedence. Shorewood's current ordinance which allows in- cidental use of the public right-of-way was originally drafted in response to requests to use public rights-of-way which had not been improved as public streets (i.e. private roads or driveways over "paper streets"). It also recognizes such uses as driveways and mailboxes, which by necessity must be located within the right-of-way. The City has been consistently conservative in past requests for permits. Staff has required in all instances that fences, for example, be located entirely on the property of the homeowner. Similar requests have appropriately been denied by the Council (e.g. Sorenson-Birch Bluff Road). More closely related to this request, a request by Elliot Cobb for landscaping within the Covington Road right-of-way was denied approximately two years ago. It is the recommendation of the staff that the City operate from the basic premise that the public rights-of-way be kept open and clear for the reasons stated above. It is felt that Mr. Peterson's desire for a buffer can be accommodated within his own property boundaries. If an unstated part of his intended purpose is to prevent Amesbury West from maintaining his side of the Bayswater Road right-of-way, it should be noted that criminal procedings are already being pursued to that end. BN/al cc: Jerry Peterson Please type APPLICATION FOR PERMIT TO KEEP OR MAINTAIN PRIVATE PROPERTY WITHIN A PUBLICLY OWNED RIGHT-OF-WAY PURSUANT TO SHOREWOOD. ORDINANCE 1 NO. 121 ( c., T1 CO])(!" j-~c.t1C;~ qo I., D2..J or print legibly , I/' 1. APPLICANT INFORMATION Please give the name(s) of all persons who own the private property to be maintain;;d in righ~7of-way. NAME(S) JG7e/2'-j teTe /Z-S aA-/ LI A.J 0"1 12 r c:: ~s c> /I-! ADDRESSES d.o~ (!)O C:;4"eb~' ~ 5J/o,e6?A) 6 C> D , ~ /\/ I TELEPHONE ~ 7 ~ - 38 c-. ~ 2. .RIGHT-OF-WAY "Please name the highway, road, street, alley or other right-of-way upon which you are requesting to maintain private property. B~"'Sw ~--rh~ - g~~ Ou~ ~f f -ME ~.4l:> 3. Please describe as carefully as possible the exact location or address on the right-ot-way where the private property is to be maintained, as well as the nature, extent and purpose of the requested encroachment on the right-ot-way. (Attach a photograph or sketch if possible). -to /J)~ I ~; AJ N~7Z<;IlZ.e A-s 1+ tu~ w ~ tJ e ~rA,.,L. 71 7JnJ€'le.l, A--~ ~~ ~ ~{';rl-C7 ~~ ou.,e s/;.;~/~ ~;t1 "24 /01- ~Z> ~(;"'. A~/-/,ple- !*-u.S.l',v'& ()~ ~t;rSCu.et;. jJ[; ~(sA h ,/J~r' v , v !t/~c ~shE> 46~,-<'T tl heo~ ~4D. A5 is Z;,uVE /.J /J1~y iP/A-C.GS II() 51h~()~.D. 7i*s U/d'UIIJ .4t:J rr /"'/~4~ tA//'h )Pt-w/'.J~ (/- , In ~onsideration of approval of this permit, I hl3reby knowingly and voluntarily waive any right to recover from the City ot Shorewood for damage occurring to property in the right-of-way as above described, which damage results from the pertormance by. the Ci. of Shorewood or its a nts of any public duties required by aw. / 17ft Permit ( ) Approved ( ) Not Approved rate \ CITY OF SHOREWOOD MAYOR Robert Rascop COUNCIL Jan Haugen Kristi Stover Robert Gagne Barb Brancel ADMINISTRATOR Daniel J. Vogt 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236 MEMORANDUM (Revised) TO: MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 26 SEPTEMBER 1988 RE: SWEETWATER AT NEAR MOUNTAIN. 3RD ADDITION - FINAL PLAT FILE NO.: 405 (88.40) Lundgren Bros. Construction has submitted a final plat for Sweetwater 3rd Addition. Attached is the City Engineer's report. dated 13 September 1988 and a draft amendment to the Near Mountain P.U.D. development agreement. The plat (Exhibit A of the development agreement) is consistent with the previously approved preliminary plat. Specifically. 26 of the proposed lots are of the "Type A" variety. Lots 18. 19 and 20 are "Type B" lots. All lots meet the minimum area and width requirements for their respective types. It should be noted that Outlot A is a designated wetland. for which the developer will provide a deed to the City. A portion of Outlot B is also a designated wetland and will be deeded to the City at the time Outlot B is replatted. Staff recommends approval of the final plat subject to the provisions of the attached development agreement. You will note that as of this writing the sewer equalization charges have not been calculated. These will be attached to the development agreement. Since the number of units for this particular phase of the project has been reduced from 58 units to 29. park dedication fees are calculated as follows: 29 units @ $500 29 units (58-29) @ $350 total = $14.500 = 10.150 $24.650 BJN:ph cc: Dan Vogt Glenn Froberg Jim Norton Mike Pflaum A Residential Community on Lake Minnetonka's South Shore \ _J trJ :>< ::s:: H tJ:l H ~ :> '" Q) I)Q l't> SWEETWATER 3RD 100 50 0 50 100 PI stALf ... FEET TM[ 8as.s ,()tit THI: HaRING SYSTEM IS ASSUMtD. o DENOTES IItON IIONUMlNT o DENOTES tAST _ MOIlUllENT ~ t~ zoo ;// /;!s-r'od~E //.~ 0 (J .,. I.. 0 .,. .-<' , \ \ 0 V .~'t .~. ~ ~. ~ &..r ~'<.. \.~r" .. . .' ,,-'l .. EDGE f1F WETLAND .. . .. c ?, .-<' \.-. 8 I I' \ .-<' '~-l i^ , ~::: (C. \.- .. .. , \ ,., J ,,,.\ \..; 'Air.......' At~D HI:". 1 ,-. CO IIN.64 MO'JNTAII'l CARVER '"RAPF-~RS PASS AT NEAR Mt"JNTAlN 2tro ACCITIC.'N ~~;~f.~ "Sff-f.. ' , l~..f< ~:~ ~jlI\ti tAC.;p' -. ._....... E ..to -. ~~ -;..'~'i. .\oJ~ ~ . -c:S~" ~~., r;.Y"" ",d$ ~* .....Of. pSJ-:'" o~ i>- ."::;'0 . ...... \~~ %.'1: \ %. I . (~'\ ~ .. ~ J \ '\~ ~ 1'.>, \ "\~~"'bt>,; \ ' ~~~\. ~.~ q,. ~ ~ LINEf1FSEt."TWP.1I7,_U. q,.. ~ 1""""'- ---.. ~ ------. _85 SEE INSET 'SHEET 2 OF 11 SHEETS I Q C p.." \~ ~. .. .,oTERLY L1N[ OIF MtKtNUY PLACE AT NE:Nt MOUNTAIN 'MO- ACOITION. . '" ---, ~-:::. .---COUNTY I TRAPPERS PASS AT NEAR K".JNi~.IN I NOTE"L IUVATlDllS _ _ _ OIl ""_ I _Tit VfIIT1tAI.IlATIlM._. ._,- IIUT f1F _L0tA1'O _ I LOTS ..ID.aOCIC.!...~- AT ......-...., 1lI'fII'~...'.,..T. . CHESTNUT RIOGE AT t~EAR 8Ttt ACCIT:Oroi '?J~\ Z \..\0 \~ L,::::.- 1-1- ~ ..,.CJ ,f:' ~v l!!" _\. ( .~. 0"" .LY .~> -r ~. ';'.J lLJ U SHEET 3 OF 3 SHEETS ~ . d z u 8 41 ~.~ '*~"t III t- III III Z .. ... ... o N t- III III Z .. J L ~. ------- i - ,-/ '.......... ! _ GI' S Ii I ~ Z wZ 2 ,-, ~ e(1- oZ ~: IX 11, Z t--- ~ .: t:~ ::> ...~ ~ -- i.'i~ .. l- e( a:: l&.I l- e( ~ I- l&.I l&.I ~ CJ) .. .. .. c.:l = ~o! -? .. c_ .. ""I ct " I ii; _J I 1'1-1 0.. III Co" ~ c LJ ~i~ .. .. 4!.,i Co" S ".... -'" ...." ~ T e~:; .., - .. 0 "II" ~~ II I ;:~r . ..% C1-l :::ctt ".. I ""~""': Cz Q!i~ I- " :~ !~~~ 0.. =00:1: ..c" .. .. !!! . .. .. ~ .. Ii ! I = ; .. " % 0 .. ! e :: .. .. :e: .- 0 ra ..~ 0 Ii . .: . :I II . . .. . . .. . z ~ c . cS~ Y1' (,~" ',-~ +... :." . - . .... 1:2- .(1;... '0 ";- EXHIBIT A , Page 2