072787 CC Reg AgP
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CITY OF SBOREWOOD
REGULAR COUNCIL MEETING
MONDAY, JULY 27, 1987
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
7:30 P.M.
AGENDA
CALL TO ORDER
A. Pledge of Allegiance
Brancel ~/
/
Rascop~ 1/
Haugen~~
Stover c;=
Gagne ,
B.
Roll Call
Mayor
1 . APPROVAL OF MINUTES
A. Regular Council Meeting - July 13, 1987
(Att. No.lA - Minutes)
B. S~ecial Council Meetlng - July 9, 1987
(Att. No.lB - Minutes)
2. MATTERS FROM THE FLOOR
A.
B.
3. PLANNING COMMISSION REPORT
A.
B.
4. PARK COMMISSION REPORT
A.
B.
5. CONSENT AGENDA
S~gn Perm:..ts:
Shor €wcod Sh01:'1:-'1119 een tE;: 1. - State HiSbwa~ 7
Video Ul:-date - 19465 State Highway 7
{vlovec
Seconded
Vote
ac;;,."3~~
6 '/ e-._....-I
j/~~,
,1,A-,i'1' (~. No_.5 - Star t Nemo)
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AGENDA
MONDAY, JULY 27, 1987
PAGE TWO
6. FERNCROFT FINAL PLAT APPROVAL AND VACATION OF A PORTION OF FERNCROFT
DRIVE
Applicant: Mark Swedlund
Location: 21105 Minnetonka Boulevard
(Att. No.6 - Staff Report)
7. RIDGE POINT FINAL PLAT AND DEVELOPMENT AGREEMENT
Applicant: Richard Conry for Minnetonka Homes
Location: 5895 Country Club Road
(Att. No.7 - Staff Report)
8. TOWNE ADDITION - FINAL PLAT AND DEVELOPMENT AGREEMENT
Applicant: William Ecoff
Location: 24740 Smithtown road
(Att. No.8 - Resolution &
Agreement)
9. GALPIN LAKE WOODS - REQUEST FOR WATERMAIN EXTENSION
(Att. No.9 - Request Letter
Response Letter)
10. REQUEST FOR PERMIT TO KEEP OR MAINTAIN PRIVATE PROPERTY WITHIN A
PUBLIC ROAD RIGHT-OF-WAY
Appiicant: Greg Sorensen
Location: 25535 Birch Bluff Road
(Att. No.lO - Application)
11. PLANNERS REPORT
Condemnation Orders:
5620 County Road No.19
4205 Enchanted Dl~ve
(AtL. No.ll - Staff Report)
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. AGENDA
MONDAY, JULY 27, 1987
PAGE THREE
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12. ATTORNEYS REPORT
A. Resolution to Excelsior Regarding Stop Signals at County Road
No. 19 and State Highway 7
(Att. No.12A - Resolution)
B. Ordinance Adopting the New Ordinance Code Book
(Att. No.12B - Ordinance)
C.
Status Report on Water and Sewer Service Agreement with Tonka Bay
(Attl ND tle - ~.IH\~tMt-~)
Condemnation Update - S.E. Area Water Tower Site'~~"-
Majestic Property - Eureka Road
D.
E.
Status Report - Tingewood
13. ENGINEERS REPORT
A. Bid Recommendation - Street Improvement ProJect 87-2
B. Plans and Specifications - S.E. Area Water Tower
c.
14. ADMINISTRATIVE REPORT
A. Recycling Agreement - Super Cycle
(Att. No.14A - Agreement)
B. Corridor Study Update
C. 'Offlce EXfansion Urdate
D.
15. MAYORS REPORT
A.
B.
16. COUNCIL REPORTS
A.
B.
17. APPROVAL OF CLAIMS AND ADJOURNMENT
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CITY OF SHOREWOOD
DEVELOPMENT AGREEMENT
RIDGE POINT
THIS AGREEMENT, made this day of ,
1987, by and between the CITY OF SHOREWOOD, a Minnesota municipal
corporation, hereinafter referred to as the .City., and LAKE MINNETONKA
HOMES, INC., hereinafter referred to as the .Developer..
WHEREAS, Developer holds an option to purchase from the fee owners,
certain real property zoned R-IA in the City of Shorewood, legally
described in Exhibit A attached hereto and made part hereoff and
WHEREAS, Developer proposed to develop said property by means of a
planned unit development, "PUO., for single-family dwellingsf and
WHEREAS~ Developer has heretofore filed its application for rezoning
to a PUD with the City Clerk and submitted a Concept Plan and Development
Stage Plan for the prQperty, which matters were considered by the City
Planning Commission at a Public Hearing held on 7 April 1987; and.
WHEREAS, upon recommendat1on of the City Planning Commission, the
City Council did consider and grant Concept Plan and Development Stage
Plan approval for the PUO as set forth in Resolution No. 41-87.
NOW, THEREFORE, in consideration of the mutual covenants and
guarantees conta1ned herein, the parties hereto agree as follows:
1. FINAL PLAT. The Developer has filed with the City Clerk the final
plat for the developmpnt of the prope~ty and said plat is attached hereto
and made a part her~ as Exhibit B. Said final plat, together with this
development agreement is he~ewith adopted and approved by the City as the
Developer's final plan for development of the property.
2. IMPROVEMENTS INSTALLED BY DEVELOPER. Developer agrees at its
expense to construct, install and perform all work and furnish all
materials and equipment for the construction and installation of the
following improvements:
a. Street grading, stabilizing and bituminous surfacingf
c.
1V\+~3r<~t,( .,kO^+Offl\IJ b:~ (1,1("'.
~table eenerete curbs and gut ters;
Sani tary sewer mains;
Stonn sewers and surface water drainage facilitie~;
Underground utility lines, including gas, electric and
telephone.
b.
d.
e.
3. STANLWIDS OF a:NS'lRI.X:.rICN. Developer agrees that all of the
foregoing inprovements that are to be constructed and installed by the
Developer shall be in accordance with engineering plans and speci fications
approved by the City Engineer and the requirements of applicable City
ordinances and standards. Developer further agrees that all of said work
shall be subject to final inspection and approval by the Ci ty Engineer.
4. M\TERIALS AND LARR. All of the materials to be Ellployed in
the making of said inprovements and all of the work perfonned in connection
therewi th shall be of uni fonnly good and workmanl ike qual i ty, shall equal or
exceed City standards and specifications, and shall be subject to the
inspection and approval of the City. In case any materials or labor supplied
shall be rejected by the City as defective or unsuitable, then such rejected
materials shall be removed and replaced with approved materials, and rejected
labor shall be done anew to the satisfaction and approval of the City at the
cost and expense of Developer.
5 . a:NS'l.lU.CfICN SOIEOOLE FCR PUBLIC IMPRJVE.V1ENI'S. Deve loper
agrees to provide a wri tten schedule for the construction of all public
inprovements set forth in paragraph;1 above. Developer further agrees to
subnit a wri tten schedule indicating the proposed progress schedule and order
of coopletion of all work covered by this Agreement, which schedule is
attached hereto and made a part hereof as Exhibi t C. Upon receipt of written
notice fran the Developer of the existence of causes over which the Developer
has no control, which will delay the coopletion of the work, the City, at its
discretion, may extend the dates specified for coopletion.
6. GRADIOO, OOAINAGE, AND EE03ICN a::NIIDL. Developer at his
expense shall provide grading, drainage and erosion control plans to be
reviewed and approved by the City Engineer. Said plan shall provide for
temporary dams, earthwork or such other devices and practices, including
seeding of graded areas, as necessary, to prevent the washing, flooding,
sedimentation and erosion of lands and streets within and outside the plat
during all phases of construction.
7. STAKlOO, SURVEYlOO AND INSPOCl'ICN. It is agreed that the
Developer, through his engineer, shall provide for all staking and surveying
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of the above-described irrprovements. In order to ensure that the coopleted
inprovements confonn to the approved plans and speci ficat ions, the Ci ty
Engineer or his representative shall make all inspections and shall supervise
all testing which may be reasonably required during the construction of the
. inprovements set forth in paragraph ~ above. Developer shall maintain
records of all inspections and tests and forward copies of such records to
the City Engineer each week.
8. PRIVAlE In\D AND QJL-DE-sAC, SANITARY SEWER, S'ICm1 SEWER AND
SURFACE WATER mAINAGE FACILITIES.
d.
a.
Plans and Specifications. The Developer agrees to cause
its engineers to prepare all plans and specifications
necessary for the installation of private roads, curb,
gutter, sanitary sewer, Wtltel'Hl8:iBs, stonn sewer and surface
water drainage facilities in said plat, said plans and
specifications to be subject to the final approval of the
City Engineer.
b.
As-Bui It Plan. Upon coopletion of construction, Developer
shall cause its engineers to prepare and file with the City
a full set of as-built mylar reproducible plans for City
records. These plans shall include the locations and ties
to all sanitary sewer 88ft y~te~ift services as well as
gIlte val-.le Bene!!) lmd manholes. Such plans shall confonn to
the As-Built Plans presently on file with the City.
c.
Easements. Developer, at its expense, shall acquire all
necessary easements from appropriate property owners
required for the installation of the sanitary sewer and
stonn sewer within the plat, and thereafter prooptly assign
said easements to the City.
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Private Road. It is\understood that the private road and
QIl-de-Sac (<Altlot A)'\be maintained by the Developer or his
successors in interest, including the appropriate
homeowners association and will not be accepted or
maintained by the City until such time as it is brought up
to City standards for public streets.
9. ClAIMS KR \\UlK. The Developer or his contractor shall not
do any work or furnish any materials not covered by the plans and
specifications and special conditions of this Agreement, for which
reimbursement is expected from the City, unless such work is first ordered in
writing by the City Engineer as provided in the specifications. Any such
work done or materials furnished by the contractor wi thout such wri tten
order being first obtained shall be at his own risk, cost and expense.
10. FINAL INSPocrICN. Upon coopletion of the inprovements set
forth in paragraph~ above, the Ci ty Engineer, the contractor, and the
Developer's engineer wi 11 make a final inspection of the work. Before final
payment is made to the contractor by the Developer, the Ci ty Engineer shall
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be satisfied that all work is satisfactorily completed in accordance with the
approved plans and speci fications; and the Developer's engineer shall subnit
a written statement attesting to same.
11. REIlVBURSEVlENl' OF <n:n'S. The Developer shall reini>urse the
City for all costs, including reasonable engineering, legal, pltuilling>and
adninistrative expenses incurred by the City fran time to time in connection
with all matters relating to the administration and enforcement of this
Agreement and the performance thereof by the Developer. Such reini>ursement
shall be made within thirty (30) days of the date of the City's mai ling of
each notice of costs to the address set forth in paragraph ~ below.
Developer shall be entitled to receive as a credit against these expenses all
applicable fees heretofore paid to City under and pursuant to zoning and
subdivision ordinances and costs that have been assessed. The City's notice
of costs shall be itemized, identifying person, task, time, date, and at-cost
rate.
12. CI1Y DISCIAIlVER. It is agreed that the City of Shorewood,
the City Council and their agents or employees shall not be personally liable
or responsible in any manner to the Developer, the Developer's contractor or
subcontractor, material men, laborers or to any other person, finn or
corporation, for any claim, demand, damages, actions or causes of action of
any kind or character arising out of or by reason of the execution of this
Agreement or the performance and completion of the work and the inprovements
provided herein by the Developer, his contractors, or his agents, and that
the Developer will save the City hannless fran all such claims, demands,
damages, actions or causes of actions or the costs, disbursements, and
expenses of defending the same, specifically including, without intending to
limit the categories of said costs, cost and expenses for City adninistrative
time and labor, costs of consulting engineering services and costs of legal
services rendered in connection with defending such claims as may be brought
against the City.
13. PERR:R\1ANCE aJARANIY. For the purpose of assuring and
guaranteeing to the City that the inproven~nts to be constructed, installed
and furnished by the Developer, as set forth in paragraph1-above, shall be
constructed, installed, and furnished according to the tenns of this
Agreement, and to insure that the Developer shall pay all claims for work
done and materials and supplied furnished for the performance of this
Agreement, and that the Developer shall fully comply with all of the otherer
tenns and provisions of this Developnent Agreement, the Developer agrees to
furnish to the City either a cash deposit or an irrevocable letter of credit
approved by the City in an amount equal to 150% of the total cost of said
inprovements as set forth in the contracts between the Developer and his
contractors. Said deposit or letter of credit shall remain in effect for a
period of one (1) year following the completion of the required
inprovements. The said deposit or letter of credit may be reduced in its
moount or replaced by a maintenance bond at the discretion of the City upon
acceptance by the City of the various inprovements.
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14. REPLACE\1ENf. All work and materials perfonned and furnished
by the Developer, its agents and subcontractors, pursuant to paragraph~
above, which are found by the City to be defective within one year after
acceptmlce by the City shall be replaced by Developer at Developer's sole
expense. This guarantee of work shall be secured to the City by an
irr,evocable letter of credit, or a corporate surety bond, at the election of
and in an amount established by the City, furnished by the Developer to the
City. Said letter of credit or surety bond shall first be approved by the
City Attorney, and shall be in addition to, and not in lieu of, any other
remedies which may be available to the City to secure any defects in
materials and workmanship.
15. LIABILI'lY INSURANCE. The Developer shall take out and
maintain during the life of this Agreement public liability and property
damage insurance covering personal injury, including death, and claims for
property damage which may arise out of the Developer's work or the work of
their subcontractors, or by one directly or indirectly employed by any of
them. This insurance policy shall be a single limit public liability
insurance policy in the amount of $1,000,000.00. The City shall be named as
co-insured on said policy and the Developer shall file a copy of the
insurance coverage with the City.
Prior to c<mnencement of construction of the inprovements
described in Paragraph" above, the Developer ~ shall file with the City
a certificate of such insurance as will protect the Developer, its
contractors and subcontractors from claims arising under the Workers'
COmpensation Laws of the State of Minnesota.
16. <XJINEYANCE OF SANITARY SEWER. Upon conplet ion of the
installation by Developers of the sanitary sewer set forth in paragrapht'
above in accordance with the plans and specifications llereunder and the
wri tten approval by the City, the Developer sha.ll convey said sanitary sewer
to the City free of all liens and encumbrances and with warranty of title.
Should the Developer fail to so convey said sanitary sewer, the san~ shall
become the property of the City without further notice or action on the part
of either party hereto, other than acceptance by the City.
17. PARK DEDICATlrn. Developer shall, at the tin~ of the filing
of the final plat, ma~e a cash payment to the Ci ty for the park fund in the
sum of $500 per lot, (for a total of $1,500.00.
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18. SEWER ASSESS\1ENI'S. The original assessments against the
property for sanitary sewer are in the moount of $ Developer
acknowledges that as a newly platted planned unit development, additional
surns will be assessed against the property as equalization charges pursuant
to Shorewood Ordinance No. 80. Developer and the City agree that all such
charges are to be added to the balance remaining on the original assessments
and spread over subject property in such marmer as Developer may reasonably
request, at such time as each phase is developed and the corresponding plat
filed. Installments shall be paid annually for the remainder of the tenn of
the original assessments, together with interest on the balance remaining at
the rate of six and one-half (6.5%) per annun. A schedule of such charges is
set forth in Exhibit D, attached hereto and made a part hereof.
19. OXlJPANCY PERVlITS. The occupancy of any structure on any
lot within said plat shall be prohibited by the City until ~ter lines and
municipal sanitary sewer shall have been installed, tested, and available to
serve the lot for which the building pennit shall have been issued.
20. RES'.rCEATIrn OF S':mE.lIT'S AND PUBLIC FACILITIES. The Developer
shall restore all City streets and other public facilities disturbed or
dmnaged as a result of Developer's construction activi ties, including sod
with necessary black dirt, bituninous replacement, curb replacement, and all
other items disturbed during construction.
21. DOCLARATIrn OF OOVENANfS, aN>ITIrnS AND RESlRICfIrnS.
Developer shall provide a copy of the proposed Declaration of Covenants,
Conditions and Restrictions, the Articles of Incorporation and By-Laws of the
Haneowners Association for review and approval by the Ci ty prior to recording
of the plat. The Declaration of Covenants, Conditions and Restrictions shall
be recorded prior to the issuance of Certificate of OCcupancy for dwellings
within the plat.
22. REVlEDIES ~ DEFAULT.
a. Assessments. In the event the Developer shall default in the
perfonnance of any of the covenants and agreements herein contained and such
default shall not have been cured within thirty (30) days after receipt by
the Developer of written notice thereof, the City, if it so elects, may cause
any of the irrprovements described in paragraph"t above to be constructed and
installed or may take action to cure such other default and may cause the
entire cost thereof, including all reasonable engineering, legal and
administrative expense incurred by the City to be recovered as a special
assessment against the platted residential lots owned in fee by the
Developer, under M.S. Chapter 429, in which case the Developer agrees to pay
the entire moount of such assessment within sixty (60) days after its
adoption. Developer further agrees that in the event of its failure to pay
in full any such special assessment within the time prescribed herein, the
City shall have a specific lien on all of Developer's real property within
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the property for any aroount so unpaid. and the City shall have the right to
foreclose said lien in the manner prescribed for the foreclosure of
mechanic's liens under the laws of the State of Minnesota. In the event of
an emergency. as detennined by the City Engineer. the M.S. Olapter 429 notice
requirements to the Developer shall be and hereby are waived in their
entirety. and the Developer shall reirrburse the City for any expense incurred
by the Ci ty in remedying the condi tions creating the emergency.
b. Perfonnance Guaranty. In addition to or in lieu of the
foregoing. the City may utilize any cash deposit made or require perfonnance
under the tenns of the :BeENiFi ty 1\gi'e~ll\ set forth in paragraph above. to
collect. pay. or reirrburse the City for: r'~ rbl'l'U' J' ~JIl{""'~~ ~ '?
(1) the cost of conpleting the construction of the
inprovements described in paragraph 1'; and
(2) the cost of curing any other default by the Developer
in the perfonnance of any of the covenants and agreements
contained herein.
(3) the cost of reasonable engineering. legal and
administrative expense incurred by the City in enforcing
and administering this Agreement.
c. Legal Proceedings. In addition to or in lieu of the
foregoing. the City may institute any proper action or proceeding at law or
at equity to abate violations of this Developnent Agreement. or any ordinance
to which this Developnent Agreement may become a part.
23. PImF OF TITLE. The Developer shall furnish the City with
updated Title opinions evidencing title to the Subject Property and also
title opinions for the property crossed by the private road easement.
24. IXJRATIOO OF AGREFlVIENf. This Agreement shall remain in
effect until such time as Developer shall have fully perfonned all of its
duties and obligations under this Agreement.
25. HFADIr-GS. Headings at the beginning of paragraphs hereof
are for convenience of reference. and shall not be considered a part of the
text of this Agreement. and shall not influence its construct ion.
26. SEVERABILITY. In the event any provisions of this Agreement
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shall be held invalid, illegal, or unenforceable by any court of competent
jurisdiction, such holding shall not invalidate or render unenforceable any
other provision hereof, and the remaining provisions shall not in any way be
affected or impaired thereby.
27. . EXEaJI'ICN OF mJNIERpARI'S. This Agreement may be
. simultaneously executed in several counterparts, each of which shall be an
original,.and all of which shall constitute but one and the same instnment.
28. <rNS'rnICI'ICN. This Agreement shall be construed in
accordance with the laws of the State of Minnesota.
29. NOTICES. All notices, certificates and other communications
hereunder shall be sufficiently given and shall be deemed given when mailed
by certified mail, return receipt requested, postage prepaid, with proper
address as indicated below. The City and the Developer by wri tten notice
given by one to the other, may designate any address or addresses to which
notices, certificates or other coomunications to them shall be sent when
required as contemplated by this Agreement. Unless otherwise provided by the
respective parties, all notices, certificates and coomunications to each of
them shall be addressed as follows:
To the Ci ty:
City of Shorewood
5755 Country Club Road
Shorewood, lVN 55331
To the Developer:
Lake Minnetonka Hanes, Inc.
21350 Excelsior Blvd
Excelsior, Minnesota 55331
30. Su:x:;ESsalS AND ASSICNS. It is agreed by and between the
parties hereto that the Agreement herein contained shall be binding upon and
inure to the benefit of their respective legal representatives, successors,
and assigns.
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IN WITNESS ~F, the parties hereto have caused these presents
to be executed on the day and year first above wri tten.
LAKE MINNF:f(N{A lD1ES, 1M::.
CI1Y OF SlI:EEWXD
By:
Ri chard Conry
By:
Its President
Its Mayor
A'lTEST:
Ci ty Clerk
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;
STATE OF MINNEsorA )
) ss
CUlNlY OF HERmPIN )
On this day of . 1987. before me. a NOtary Public
within and for said County. personally appeared Robert Rascop and Sandra
Kennelly. to me personally known. who. being each by me duly sworn. did say
that they are respectively the Mayor and City Clerk of the municipal
corporation named in the foregoing 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 Kennelly acknowledged said
instrunent to be the free act and deed of said corporation.
NOtary Pub I ic
STATE OF MINNEsorA )
) ss
CUlNlY OF HERmPIN )
On this day of . 1987. 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 respectively the
and of the corporation named in the foregoing instrunent.
and that the seal affixed to said instrument 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
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CITY OF SBOREW~, "'" '_'''''",,-<,.,. .~ '. ,. '~. .. .UNCIL CHAMBERS
REGULAR COUNCl" .' ~ljg,.,~:t.." .. ,_''''~1~r~ 55 COUNTRY CLUB ROAD
MONDAY, JULY 1. ,'1987'" " .... """~.#""'I..: :3 0 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, July 13, 1987, 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 Robert Rascop, Councilmembers Gagne, Brancel,
Haugen, and Stover.
Staff
Attorney Froberg, Engineer Norton, Administrator Vogt,
Planner Nielsen, and Clerk Kennelly.
APPROVAL OF MINUTES
Haugen moved, seconded by Gagne, to approve the minutes of June 22,
1987, as amended on pages 1, 3, 7, and 8. Motion carried - 5 ayes.
AGENDA AMENDMENT
Rascop moved to amend the Agenda by moving item iSE - Acceptance of
Impr'ovements, Covington Vine Ridge to item i 18B under Engineer's
Reports. Seconded by Stover - Motion carr1ed - 5 ayes.
MATTERS FROM THE FLOOR
Presentation of Petitions: Deadend BeverlY Drive/Caied Lane and
Complaint of Water HOOk-up Charge
Ginny Coverdale of 26930 Beverly Drive submitted two petitions to the
Council. The first petition opposed the $4,000.00 water hOOk-Up
charge. The second petition requested the cul-de-sacing of Be~erly
Drive and Ca)ed Lane. .
Administrator Vogt referred to the staff determination of the water
hook-up fees. It was based on estimated real estate valuation
increase, amount paid by Boulder Bridge residents, and amounts
assessed for water in other developments. Haugen stated that the
watermain extension was paid for by the Shorewood Oaks developer, but
connection charges have to be repaid to Boulder Bridge for well over
sizing, the residents would not get the .service free. Rascop
referred to benefit of reduced home owners insurance even if the
house is not hooked up to water.
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MINUTES
MONDAY, JULY 13.987
PAGE TWO
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MATTERS FROM TBE FLOOR - cont.
Presentation of Petitions: Deadend Beverlv Drive/Caied Lane and
Complaint of Water Book-up - cont.
Stover asked the petitioner where the cul-de-sac should be placed and
how should it be paid for. Council directed staff to report back to
the Council on August 10 regarding the cul-de-sac request.
PLANNING COMMISSION REPORT
Stover referred to items 11-14
Planning Commission acted upon.
brought up on the Agenda.
on the Council Agenda as items the
She will report on these as they are
PARK COMMISSION REPORT
Marty Jakel lnformed the Council of Bob Nicolls resignation as a
member of the Park Commission.
Jakel informed the Council of the completion of the Manor Park
warming house/pavilion plan. Also that the Commission is in the
process of considerlng revisions to the Freeman Park master plan.
The landscaping plans done by Lan De Con, Inc. for Manor and
Cathcart Parks, also showing additional parking in both parks, have
been presented to the Commisslon.
Jakel requested additional funds of $700.00 to contract out the
installation of a volleyball court at Manor Park, $1,800 had been
approved previousiy when the work was to have been done by the
Public Works Department.
Haugen moved,
the volleyball
(Rascop) .
seconded by Brancel, to increase the expenditure for
court to $2,500.00. Motion carried - 4 ayes - 1 nay
CONSENT AGENDA
APPROVAL OF PAYMENT - PROJECT 186-1 AND 86-2
Engineer Norton recommended approval of Payment Voucher #3 and
final to LaTour Construction in the amount of $6,413.00 on ProJect
#86-1 and 86-2 - Trunk Water Main.
APPROVAL OF PAYMENT - PROJECT 187-1 - SHOREWOOD OAKS
Engineer Norton recommended approval of
Richard Knutson, Inc. in the amount of
#87-1, Shorewood Oaks utilities.
Payment Voucher #2 to
$291,335.90 on ProJect
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MINUTES
MONDAY, JULY 13,.87
PAGE THREE
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CONSENT AGENDA - cont.
INSTALLATION OF STREET LIGHTS IN WATERFORD 2ND ADDITION
Administrator Vogt
street lighting in
$1,005.00 for this
Mason Homes.
submitted a request from Mason Homes to install
Waterford 2nd Addition. NSP will charge
installation. This fee has been received from
ACCEPTANCE OF UNDERGROUND IMPROVEMENTS - NEAR MOUNTAIN
Engineer Norton
impr"ovements in
Chestnut Ridge
Near Mountain
year. (Chestnut
recommended acceptance of the underground
the subdivIsion Sweetwater at Near Mountain,
at Near Mountain 9th Addition, and Chestnut Ridge at
10th Addition, subject to a guaranteed period of one
Ridge now known as McKinley Place.)
Haugen moved approval of the Consent Agenda items number SA through
5D as requested, Gagne seconded. Motion carried - 5 ayes.
REQUEST FOR RECONSIDERATION - ERIC DANSER
Attorney Mark Kelly was present to represent Eric Danser in hIS
request for reconsideration of his variance denial. He felt the
addition of a porch on top of an existing deck does not increase a
non-conformIng structure by increasing the height. Danser stated
that a concrete slab has existed for 50 years or more, he constructed
a deck on top of the slab without requesting a permit and he wants to
complete a porch structure on top of that deck.
Stover moved to consider rezoning of the area to R-1B to coincide
with the set backs across the street in Chanhassen and to comply with
the current average ~ot sizes along Lilac Lane, Brancel seconded.
Motion carried 5 ayes. Council directed staff to proceed with
rezoning. The Planning Commlssin will hear the rezoning request on
August 4, 1987.
Attorney Kelly stated that hlS request was for a reconsideration of a
variance. He questloned whether a variance is necessary. Attorney
Froberg clarlfled the 5 critella that must be met in order to prevent
requiring a variance. The request doesn't meet the first requirement
of proper setback. Kel~y felt the expanding of non-conforming
doesn't qualify when adding on height. Rascop stated that any three
dimensions of expanding were considered.
Council made no motion to reconsider this Issue. Kelly stated he
felt the Council denied his client the right to build. Attorney
Froberg supported the Council interpretation of the City Ordinance.
-3-
MINUTES
MONDAY, JULY 13,.87
PAGE FOUR
.
S.E. AREA WATER CONNECTION DISCUSSION
Administrator Vogt has met with the City of Minnetonka to discuss the
probability of obtaining additional water connections over and above
the approved agreement of 90 connections. Jim Miller of Minnetonka,
did not feel that additional connections could be provided for when
they currently have a sprinkling ban on for their residents.
A meeting was then held with the affected Developers informing them
of the need to install a temporary hook up to the S.E. Area until the
completion of the water tower. This temporary connection can be made
by the contractor working on the pumphouse at a cost of approximately
$35,000.00 to $40,000.00.
After much discussion the developers agreed to pay the additional
cost of the temporary connection. The interest money accrued on the
bond should be applied to the cost with any additional cost to be
covered by the developers. Robert Mason wants all the interest
applied to the cost through the end of the bond period. Rascop does
not feel the future interest should be used, only that which has
actually been earned.
Haugen moved, to authorize a change order for the temporary water
system supply and to apply interest accrued minus $12,200.00 of
interest that the bond issue was estimated to earn. Ail additional
expenses to be paid for by the developer, seconded by Gagne. Gagne
then withdrew his second, Rascop then seconded the motion. Motion
carr~ed - 5 ayes.
Peter Pflaum asked if the developers would get back the interest if
not used against the project at the end of the bond. Attorney
Froberg stated that there was no provision in the law to prov~de for
this return. Rascop stated that the developers agreed to the
interest being g~ven to the City as a benefit when the City bonded
their proJect for them.
WETLAND ALTERATION PERMIT REQUEST
Jim Bruce has requested to alter the wetlands on his Lot 1, Minnelowa
on Holly Lane. He would like to reduce the size of the pond by
making it deeper, by digging out the pond and filling in around it.
He presented new plans to the staff on Friday, and staff has not had
a chance to review them yet. He questions whether the wetland map
could be incorrect. Mr. Mahady of the Watershed District has
reviewed it and agrees with Mr. Bruce's question.
Nielsen feels additional information is needed regarding the proposed
plan, capacity, filteration and quality for wild life.
Haugen
of 60
ayes.
moved, seconded by Brancel, to table this issue for a maximum
days to obta~n additional information. Motion carried - 5
-4-
MINUTES
MONDAY, JULY 13,.87
PAGE F'IVE
.
POOL PERMIT - 19365 WATERFORD PLACE
Planner Nielsen submitted a request from Simon Oostermann of 19365
Waterford Place to install a pool. The pool will be enclosed by a
6'fence on 3 sides and a chain link fence on the south. T.herequest
meets Ordinance specifications.
Haugen moved, seconded by Stover, to approve the pool permit request.
Motion carried - 5 ayes.
REQUEST TO MAINTAIN BOULEVARD - AMESBURY WEST
The residents of Amesbury West have requested the right to maintain
the boulevard on the west side of Bayswater Road. Gerald Peterson
built a home on that side of the road and has not maintained or
restored the boulevard back to the conditions prior to construction.
He would like it "natural", he does not want it restored.
Engineer Norton indicated that the original plans and specifications
called for three rows of sod. Jim McNulty stated that they completed
this boulevard in 1982 and would like to continue maintaining this
area in the same manner as before.
Gloria Congdon presented pictures of the dirt mounts created by the
gas line installation.
Haugen asked if the Amesbury residents would be willing to move their
mail boxes to their side of the street. They objected due to a
possible traffic danger being caused.
Council directed staff
the road r~ght-of-way
residents request.
to
this
contact Minnegasco and have them restore
week. Council did not approve the
SIMPLE SUBDIVISION - 5865 GLENCOE ROAD
RESOLUTION NO.81-87
Mrs. Jean Wh~te was present to request a simple subdivl.sion of her
property at 5865 Glencoe Road into two lots.
Gagne moved, seconded by Brancel, to approve the simple subdivision
as recommended by the Planning Commission and subject to the
Planner's recommendations. Motion carried by Roll Call Vote - 5
ayes.
CONDITIONAL USE PERMIT FOR ACCESSORY SPACE RESOLUTION NO.82-87
5390 SHADY HILLS CIRCLE
Planner Nielsen fresented a request made by James Simondet of 5390
Shady Hills Circle fOl a three car garage in excess of the 1000
square foot requirement. Thl.s request meets all the cr~tell.a of the
Ordinance to issue a Conditional Use Permit.
Haugen moved, seconded by Stover, to grant the Conditional Use Permit
as recommended by the Planning Commission. Motion carried b}' Roll
Call Vote - 5 ayes.
-5-
MINUTES
MONDAY, JULY 13, As?
PAGE SIX .-
.
SETBACK AND EXPAND NON-CONFORMING STRUCTURE VARIANCES
4695 LAGOON DRIVE RESOLUTION NO.83-8?
Mike McDonald was present to request a setback variance, and a
var iance to expand a non-conforming structure by raising hisexi~t.iIl9
dwelling one half story in order to install a basement level. .
Gagne moved, seconded by Brancel, to grant the variance due to the
lot configuration hardship as recommended by the Planning Commission,
and subject to their recommendation. Motion carried by Roll Call
Vote - 5 ayes.
SETBACK AND EXPANSION OF A NON-CONFORMING STRUCTURE VARIANCES
20780 RADISSION ENTRANCE RESOLUTION NO.84-87
Paul Seifert currently of 20780 Radisson Entrance requested variances
in order to add onto a non-conforming structure that is only
non-conforming by inches. The addition will add to the
non-conformity but is in the best location to best not effect the
neighbors. The Planning Commission recommended approval listing the
lack of buildable area due to topography as a hardship.
Stover moved,
recommended.
(Rascop) .
COUNCIL BREAK 9:40 P.M. TO 9:47 P.M.
seconded by
Motion carried
Gagne,
by Roll
to grant the variance as
Call Vote - 4 ayes - I nay
OFFICE SPACE EXPANSION DISCUSSION
Nick Ruehl and Jeff Stromgren presented some new alternative plans
for City Hall, some containing a future Community Room on the lower
level. The soil borings and property survey have been completed.
The new alternatives show new angles, an addltion to the Council
Chambers, sta~rs, and additional entrances. Ruehl explained the
water problem in the current basement and a remed~ to correct thlS
problem. Rascop asked the cost of repairing the water problem.
Ruehl did not have any cost estimates at this time. He indicated
that the soil around the building pockets and holds the water which
causes the water to seep through the basement walls. He feels much
of the soil should be removed and replaced in order to obtain proper
drainage. The Council reviewed various methods by which this project
could be flnanced. Gagne and Haugen would like to hold a study
session to discuss the financing method. Ruehl offered to meet with
the Council to hold a design session.
IL
-6-
MINUTES .
MONDAY, JULY 13,
PAGE SEVEN
~
.
DISPOSITION OF CITY PROPERTY AT 5795 COUNTRY CLUB ROAD
Administrator Vogt offered various alternatives to determine what the
Council can do with the House. He listed retaining property,
leasing, renting, selling through realtor, or sell ourselves.
Attorney Froberg recommended that minor repairs be done and that we
sell it ourselves. He feels we have the resources available to
complete the sale. The City purchased the dwelling as a 2 family
home but after this per~od of non use it reverts back to a single
family use.
Rascop moved,
$124,000.00.
seconded by Stover,
Motion carried - 5 ayes.
to place the house for sale for
ATTORNEYS REPORT
Eureka Road Condemnation
Commissioners have been
condemnation of portions
July 23, 1987.
appointed and
of Majestic's
the first meeting on the
property will be held on
S.E. Area Water Tower Site
Commissioners will be appointed this week and possession can take
place on August 28, 1987.
Findings of Fact - Spaulding Denial
RESOLUTION NO.85-87
Attorney Froberg submitted the Findings of Facts denying the
request made by Neil Spaulding of 5460 Howards Point Road for a
Conditional Use Perm~t for development of a substandard lakeshore
lot and two variances, one setback variance, and a variance for an
accessory structure with no principal structure.
Stover moved, seconded by Gagne, to accept the Resolution of
denial. Motion carr~ed by Roll Call Vote - 5 ayes.
Findings of Fact - Danser Denial
RESOLUTION NO.86-87
Member Stover indicated that during the earlier discussion
regarding the Danser issue, no action was taken on the Findings of
Fact. Attorney Froberg reviewed the Findings of Fact denying Eric
Danser's request for a variance to increase the non-conforming
structure and a setback variance at 21640 Lilac Lane.
Brancel moved, seconded by Stover, to accept the Resolution of
denial as submitted. Mot~on carried by Roll Call Vote - 5 ayes.
-7-
MINUTES .
MONDAY, ;JULY 13 987
PAGE EIGHT
.
AGENDA AMENDMENT
Haugen requested to amend the agenda and hear the request for water
from Mike Kraemer at this time.
WATER REQUEST FOR TaNKA BAY WATER - MIKE KRAEMER
Vogt reviewed the water and sewer service connection agreement
between Shorewood and Tonka Bay. This agreement has to be amended to
reflect the increase of the water connection fee from $500.00 to
$1,500.00.
AMEND SERVICE CONNECTION AGREEMENT
RESOLUTION NO.87-87
Haugen moved, seconded by Gagne, to
Clerk to execute the amended water
between the Cities of Shorewood and
water connection fee. Motion carried by
authorize the Mayor and City
and sewer service agreement
Tonka Bay to read a $1,500.00
Roll Call Vote - 5 ayes.
WATER SERVICE AGREEMENT WITH KRAEMER
RESOLUTION NO.88-87
Gagne moved, seconded by Brancel, to authorize the Mayor and Clerk to
execute a water assessment acceptance agreement with Mike Kraemer of
5425 Timber lane. Motion carried - 5 ayes.
ENGINEERS REPORT
Street Improvement Proiect 87-2 Status Report
Bids were
Three bids
recommendation
specifications
received today for the 1987 Street Improvement Project.
were received. Norton would like to table
until he can ver~fy calculations, match
and check references.
Haugen moved, seconded by Gagne, to table awarding the bid to the
July 27, 1987 Council Meeting. Motion carried - 5 ayes.
Acceptance of Improvements - Covington Vine Ridge
Engineer Norton
completion, but
maintenance bond.
recommends
accept all
not accepting the streets until
underground utilities with a one year
Brancel moved, seconded by Gagne, to accept the utilities as public
ownership to include a one year maintenance bond. Motion carried -
5 ayes.
Elevated Water Tower Schedule of Construction
Engineer Norton
approval at the
August 31, 1987,
September 14.
will be bringing in Plans and Specifications for
June 27, Council Meeting. Bids will be received
recommendations will be made to the Council on
-8-
Stover moved, secondeo oy ~agne, 1:0 requesL d. ::;~t::t::u ;l;UllC:: ;;)L.UU.,Y vu
Timber Lane. Motion carried by Roll Call Vote - 5 ayes.
Special Census Discussion
The Mayor requested information regarding taklng a special census
to determine whether Shorewood has a population over 5000. Vogt
checked with the City of Savage who has done a special census. The
census cost to Savage was approximately $3,000.00 to $4,000.00 and
increased their road aid from $18,000.00 to $200,000.00. The road
improvements must meet specific regulations.
Rascop moved, seconded by Gagne, to authorize the procedure of
obtaining additional information to do a special census. Motion
carried - 5 ayes.
-9-
MINUTES
MONDAY, JULY 13, 1.
PAGE TEN'
.
F
I
\
ADMINISTRATIVE REPORTS - cont.
Corridor Study Update
A Committee meeting is set for July 14, 1987, at Met <:::()uncil. Vogt
will attend that meeting and express the concerns and opposition to
alternative 4 and 5, and restate our support for Alternative No.1.
Staff has prepared estimate costs on the 3 alternative which are as
follows:
Alternative No.1 - $ 45,000.00
Alternative No.4 - $1,081,000.00
Alternative No.5 - $ 424,000.00
Minnetonka Community Services Advisory Board Appointment
Gagne moved, seconded by Brancel, to appoint Don Huntington to the
Board as Shorewood's representative as recommended by Tad Shaw.
Motion carried - 5 ayes.
Codification Completed
Council received copies of the new codified Ordinance book for
review. This Ordinance book will be adopted at the next meeting.
Council StudY Session Rescheduled
The Study Session has been changed from Saturday, July 18, to 7:30
p.m., Monday, July 20, 1987. The Council will discuss Establishing
a-water assessment policy and office expansion funding.
MAYORS REPORT
Support League of Minnesota Cities
Rascop requested a letter to be sent to the League supporting thier
position of opposing that arbitrage be sent to the Federal
Government.
Met Waste Control
Rascop and Vogt attended the budget meeting of the Waste Control
Commission.
New Police Building
The City of Excelsior intends to finance and build the new police
building and pick the architect.
-10-
MINUTES
MONDAY, JULY 13, .
PAGE ELEVEN
.
COUNCIL REPORTS
"Going Out of Business" Complaint
Haugen would like to see a license or permit required when a
business advertises "going out of business". She feels this is
being misrepresented. Froberg will draft an Ordinance to control
this type of practice.
Financial Advisory Board Report
A draft of recommendations have been submitted from the Financial
Board. Some of the recommendations dealt with sewer bond funding,
equipment purchases, building expansion and the recommendation to
expand the office into the house at 5795 Country Club Road. They
feel this is the most cost efficient method of expansion.
Request for Signal Lights at Highway 7 and County Road 19
Gagne would
County Road
two deaths
will prepare
installation.
like to request the installation of traffic signals at
19 and State Highway 7 in Excelsior. There have been
and many accidents 1n that location recently. Froberg
a Resolution requesting Excelsior to investigate the
APPROVAL OF CLAIMS AND ADJOURNMENT
Haugen moved, seconded by Rascop, to adjourn the Regular Council
Meeting of July 13, 1987 at 12:17 a.m..t-_sUbJect to approval of claims
fo r payrnen t . ~ 6ll l/V'- (2t! ",""'-;) ~;:;..
General and Lj~YQk_funds - Acct NO. 00-00166-02
General
Liquor
Checks #050949 - 051082
$465,407.32
$ 66,001.77
Payroll Check List:
Checks #201389 - 201418
Total
S 8,187.66
$473,594.98
~ 2,878.26
$ 68,880.03
RESPECTFULLY SUBMITTED,
Robert Rascop, Mayor
Sandra L. Kennel~y CMC
Cit:y Clerk
SLK/slc...
-11-
.
CHECK NO
...
.
.
GENERAL & LIQUOR YUNDS - BILLS PAID SINCE JULY 1, 1987
TO WHOM PAID
PURPOSE
AMOUNT
6.51
050949
050950
U5095l
050952
050953
050954
050955
050956
050957
050958
050959
050960
050961
050962
050963
050964
050965
050966
050967
050968
050969
050970
050971
050972
050973
050974
050975
05097b
050977
050978
050979
050980
050981
050982
050983
050984
050985
050986
050987
050988
050989
050':190
050991
050992
(C;)
(L)
(L)
(L)
(L)
(L)
(L)
(L)
(L)
\G)
(G)
(G)
(G)
(G)
(G)
(G)
(G)
(L)
(L)
(L)
(L)
(L)
(L)
(L)
(L)
(L)
(L)
(L)
(L)
(L)
(L)
(L)
(L)
(L)
(L)
(L)
(L)
(L)
(L)
(L)
(L)
(L)
Jean Busby
Void
Void
Griggs, Cooper & Co.
Johnson Bros. Liquor Co.
Minnesota Bar Supply Co.
Sharon Morgans Novelties
Ed Phillips & Sons Co.
Quality Wine & Spirits Co.
Tombstone Pizza
Russell R. Marron
Child Support Enforcement
ASCME Local #224
ICMA Retirement Corp.
The Bank of Excelsior
Commissioner of Revenue
Public Employees Retirement
City-County Credit Union
Medcenters Health Plan
Air Kefrigeration
Bellboy Corp.
Coca-Cola
Day Distributing
Eagle Distributing
East Side Beverage Co.
Granroth Distributing
G & K Services
Griggs, Cooper & Co.
Johnson BrGE. Liquor Co.
Mark VII
National Guardian
North Star Ice
Northern States Power Co.
Old Dutch Foods, Inc.
Pepsi l;ola
Ed. Phillips & Sons Co.
Pogreba Dist Inc.
Prior Wine Co.
Quality Wine & Spirits
RBKS Corp.
Royal Crown Beverage
Sun Community Directories
Southwest Suburban Publish.
Thorpe Dis t. Co.
Mileage for June '87 $
Liquor Purchases
Wine Purchases
Misc. Purchases
Misc. Purchases
Liquor ~ Wine Purchases
Wine Purchases
Misc. Puschases
Mileage for June '87
7/4/87 Payroll-Child Support
7/4/87 Payroll-Union Dues
7/4/87 Payroll-ICMA
7/4/87 Payroll-FWH-Fica
7/4/87 Payroll-State w/holding
7/4/87 Payroll-PERA
7/4/87 Payroll-Credit Union
Employee Health Ins. July '87
Condensor Cleaner
Liquor Purchases
Pop Purchases
Misc. & Beer Purchases
Liquor & Wine Purchases
Beer Purchases
Misc. Purchases
Laundry service
Liquor Purchases
Wine & Liquor Purchases
Soda & Beer Purchases
Security Alarm
Misc. Purchases
Utilities
Misc. Purchases
Pop Purchases
Liquor ~ Wine Purchases
Misc. & Beer Purchases
Wine Purchases
Wine Purchases
Liquor & Wine Purchases
Pop Purchases
Advertising
Advertising
Beer Purchases
- 1 -
4,114.31
1,162.04
241.39
67.80
1,130.16
321.54
19.75
12.60
145.00
77 .50
515.00
3,887.31
774.32
1,196.11
32.00
786.80
70.00
2,732.60
469.90
4,178.97
733.60
8,849.50
51. 25
39.50
2,402.62
3,235.62
8,620.45
236.65
722.60
393.90
42.99
219.45
320.40
2,040.86
132.69
220.42
356.50
103.37
2l:S2.69
230.34
13,611.25
CHECK NO
.
.
GENERAL & LIQUOR FUNDS - BILLS PAID SINCE JULY 1, 1987
TO WHOM PAID
PURPOSE
AMOUNT
13.53
050993 (G)
050994
050995 (G)
050996 (G)
050997 (G)
050998 (G)
050999 (G)
051000 (G)
051001 (G)
051002 (G)
051003 (G)
051004 (G)
051005 (G)
051006 (G)
051007 (G)
051008 (G)
051009 (G)
051010 (G)
051011 (G)
051012 (G)
051013 (G)
051014 (G)
051015 (G)
051016 (G)
051017 (G)
051018 (G)
051019 (G)
051020 (G)
051021 (G)
051u22 (G)
051023 (G)
051024 (G)
051025 ~G)
051026 (G)
051027 (G)
051028 (G)
Commissioner of Revenue
Void
American Linen Supply
Ameridata Systems
Earl F. Anderson & Assoc.
Armor Security Inc.
Associated Asphalt Inc.
Lake Minnetonka Tours
Bobs Personal Coffee Servo
Chapin Publishing Co.
Chapman Contracting
Chaska Parts Service
Commers Conditioned Water Co.
D. R. Copier Service
Driskil1s Super Value
EOS Corporation
Rolf E. A. Erickson
Feed-Rite Controls
Froberg & Penberthy, PA
GT Commercial Services
The Dale Green Co.
Jim Hatch Sales
Hennepin Cty Treasurer
Jerae Trucking
League of Minnesota Cities
Lowe11s
Lyman Lumber Co.
M-V Gas Company
Mac Tools
H. C. Mayer & Sons
Thomas M. Meulenboeck
Metropolitan Waste Control
Midwest Asphalt vorp.
Minnegasco
Minnesota Planning Assoc.
Minnesota Suburban Newspaper
June Fuel Tax '87
Laundry Service
Supplies-City Hall
~igns-Public Works
Repair Lock
Streets-Black top-Public Works
Boat Charter
Coffee & Coffee Filters
Advertising
Rental of Ganon Box
Air filters-Public Works
July rent '87
Toner & service on copier
Food for Council
Shorewood City Hall Study
Assessing fees
Chlorine-Water Dept.
Legal Fees
Prosecutions 1,635.00
SE Area Water 300.00
Shorewood Oaks 56.25
Eureka Road 187.50
Development 1,200.00
On-Going Dev 18.i5
General 1,331.25
Retainer 250.00
Litigations 150.00
June Lawn Service
Black dirt-Public Works
Gutters-Public Works
Prisoner Expense May '87
Black Dirt-Public Works
Membership Dues for 1987
Shock Absorbers-Public Works
Stakes-Public Works
LP Gas
Small tools-Public Works
Gasu1ine Public Works
Membership-Clerks
August Sewer Service Charge
Tack OiL-Public Works
Utilities
Memberships-City Hall
Advertising
- 2 -
$
170.78
109.26
319.47
60.00
3,046.z8
875.00
83.45
80.34
100.00
24.24
22.50
132.00
20.05
1,679.67
1,654.54
328.40
5,128.75
1,075.00
128.00
566.53
923.87
131 . 00
2,330.00
69.90
7.92
196.00
150.45
728.47
30.00
19,910.06
546.00
13.12
20.00
356.52
CHECK NO
.
.
GENERAL & LI~UOR FUNDS - BILLS PAID SINCE JULY 1, 1987
TO WHOM PAID
PURPOSE
AMOUNT
051029
051030
051031
051032
051033
051034
051035
051036
051037
051038
051039
051040
051041
051042
051043
051044
051045
051046
051047
051048
051049
051050
051051
051052
v5l053
051054
051055
051056
051057
051058
051059
051060
051061
051062
051063
051064
051065
051066
051067
051068
051069
051070
051071
051072
(G)
(G)
(G)
(G)
(G)
(G)
(G)
(G)
(G)
(G)
(G)
(G)
(G)
(G)
(G)
(G)
(G)
(G)
(G)
(G)
(G)
(G)
(G&L)
(G)
(G)
(G)
(G)
(G)
(G)
(G)
(G)
(G)
(L)
(LJ
(L)
(L)
(L)
(L)
(L)
(LJ
(L)
(L)
(G)
Minnetonka Community Serv
City of Minnetonka
WM Mueller & Sons
Munitech, Inc.
Navarre True Value
National Chemsearch
Norwest Bank-Mpls.
Norwest Banks
Richard Knutson
Northern States Power
Northwestern Bell
Orr Schelen Mayeron & Assoc.
Photo Factory
Pitney Bowes
Satellite Industries
Northern States Power
Power Brake Equipment
S. Lake Mtka Public Safety
Suburban Tire Service
TonKa Auto & Body Supply
Water Products Co.
Widmer Inc.
Weekly News Inc
West Henn Human Services
A. T. & T.
A. T. & T.
Dept. of Property Tax
Ev Beck
Government Acco~nting
GFOA
Latour Construction
Void
Jervis Lighting Products
Eagle Wine Co.
Griggs, Cooper & Co.
Johnson Bros. Liquor
Jude Candy & Tobacco Co.
Ed Phillips & Sons Co.
Prior Wine Co.
Quality Wine & Spirits
Waste Hanagement
Ryan Properties Inc.
Minnesota Suburban Newspaper
Sue Niccum
Comm. Services Program $
Qtr Water Billing 6/87
Patching Streets
Maint. for July '87
Misc. ~upplies
Deodorizer-Public Works
Registrar Fees
Interest payment 8-1-87
Shorewood Oaks #87-1
Utilities
Telephone Service
SE Water eng.
Film-City Hall
Postage meter rental
Chemical toilets
Street Light installation
Hose Assembly-Public Works
August budget & booking fee
Tires & Tubes
Supplies-Public Works
Meter for resale
Adjusting rings
Legal Notices
Annual Contribution for 1987
Utilities-City Hall
Maint. contract
Information brochures
Mileage for June,Hay&Ju1y
Book for Gov. Acctg.
Financial reporting booklet
Trunk Water Main
Repair Lights
Liquor & Wine purchases
Liquor Purchases
Wine Purchases
Misc. & Cigarette Purchases
Wine Purchases
Wine Purchases
Liquor & Wine Purchases
Garbage Removal
July Rent
Advertising
Travel & Hotel
- 3 -
2,090.00
2,964.63
817.45
4,175.00
114.61
127.83
113.75
68,992.50
291,335.70
2,163.02
62.17
339.19
18.90
57.00
363.43
1,005.00
23.93
25,622.66
146.44
25.93
1,100.73
15.00
423.08
929.00
40.94
23.25
25.20
61. 65
20.00
7.50
6 , 413 . 00
40.05
312.81
3,830.44
75.62
790.97
263.19
325.34
465.70
38.00
2,395.32
67.74
149.85
CHECK NO
.
.
GENERAL & LIQUOR FUNDS - BILLS PAID SINCE JULY 1, 1987
TO WHOM PAID
AMOUNT
PURPOSE
051073
051074
051075
051076
051077
051078
051079
051080
051081
051082
(G)
(G)
(G)
(G)
(G)
(G)
(G)
(G)
(G)
(G)
Bureau of the Census
League of Mn. Cities
Water Products Co.
Ouverson Excavating
Child Support Enforcement
City-County Credit Union
ICMA Retirement Corp.
Commissiuner of Revenue
Public Employees Retirement
The Bank of Excelsior
Cost est. for spec. census $
Seminars
Waterous Hydt
Repair of Hydrant
7/22/87 Payroll-Child Support
7/22/87 Payroll-Credit Union
7/22/87 Payroll-ICMA
7/22/87 Payroll-State w/ho!ding
7/22/87 Payroll-PERA
7/L2/87 Payroll-FWS & Fica
35.00
20.00
126.40
540.00
145.00
32.00
515.00
770.29
1,190.67
3,841.85
Sub Total General
Sub Total Liquor
465,407.32
66,001. 77
PAYROLL CHECK LIST - PAYROLL PERIOD 7/22/87
201389 (G) Daniel Vogt 80.00 hrs 899.06
201390 (G) Sandra L Kennelly 80.00 hrs 699.39
201391 (G) Susan A Niccum 80.00 hrs 462.30
201392 (G) Shelly Quaas 80.vO hrs 341. 96
201393-201394 Void
201395 (G) Bradley Nielsen 80.00 hrs 805.89
201396 (G) Patricia He1egesen 65.55 hrs 463.91
201397 (G) Charles Davis 80.00 hrs 2 on call 397.65
201398 (G) Dennis Johnson 80.00 hrs 581.59
201399 (G) Daniel Randall 80.00 hrs 590.51
201400 (G) Howard Stark 80.00 hrs 532.04
201401 (G) Ralph Weh1e 80.00 hrF 478.67
201402 (G) Donald Zdrazil 80.00 hrs 798.06
201403 (L) Russell Marron 80.00 hrs 486. 77
201404 (L) Robert Nash 36.00 hrs 174. (60
201405 (L) Christophe Schmid 47.50 hrs 172 . 15
201406 (L) Donald Thara1son 15.00 hrs 74.07
201407 (L) Brad Holte 6.00 hrs 28.23
201408 (L) Ross Nasset 56.50 hrs 237.56
20lL+-09 (L) John Thompson 15.00 hrs 66.07
201410 (L) John Josephson 36.00 hrs 147.34
201411 (L) William Josephson 80.00 hrs 518.76
201412 (L) Susan Latterner 36.00 hrs 140.58
201413 (L) Steven Maeger 29.00 hrs 132.68
201414 (L) Dean Young 80.00 hrs 486.81
201415 (L) Joel Bovee 10.00 hrs 48.50
201416 (L) Scott Bennyhoff 38.00 hrs 164.14
201417 (G) Evelyn Beck 80.00 hrs 623. 71
201418 (G) Jean Busby 80.00 hrs 512.92
Subtotal General 8,187.66
Subtotal Liquor 2,878.26
TOTAL GENERAL 473,594.98
TOTAL LIQUOR 68,880.03
- 4 - GRAND TOTAL 542,475.01
CITY OF, SHOREWOO~
SPECIAL COUNCIL MEETING
THURSDAY, JULY 9, 1987
~NCIL CHAMBERS
5755 COUNTRY CLUB ROAD
7:30 P.M.
M I NOT E S
CALL TO ORDER
The Special Council Meeting of the Shorewood City Council was called
to order at 7:30 p.m., Thursday, July 9, 1987, in the Council
Chambers by Mayor Rascop.
ROLL CALL
Present: Mayor Rascop, Councilmembers Haugen and Gagne.
Absent Councilmembers Stover and Brancel.
Staff
Administrator
Associates).
Vogt,
Karen
Olsen
(Labor
Relations
EXECUTIVE SESSION - UNION NEGOTIATION STRATEGY SESSION
Mayor Rascop opened the Executive Session to discuss Un~on
Negotiation Strateg~es at 7:30 p.m. Session was closed at 8:05 p.m.
ADJOURNMENT
Haugen moved, seconded by Gagne,
Meeting of July 9, 1987, at 8:05 p.m.
RESPECTFULLY SUBMITTED,
to adJourn the Special Council
Motion carried unanimously.
Robert Rascop
Mayor
Sandra L. Kennelly, CMC
City Clerk
DJV/slCj
18
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.
MAYOR
Robert Rascop
COUNCI L
Jan Haugen
Kristi Stover
Robert Gagne
Barb Brancel
ADMINISTRATOR
Danil1l.J. Vogt
. .
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD . SHOREWOOD. MINNESOTA 55331 · (612) 474-3236
Memorandum
To:
Mayor and City Counc i1
From:
Brad Nielsen
Date:
22 July 1987
Re:
Sign Permits - Video Update and Shorewood Shopping Center
File No. 405 (Sign Permits)
Mr. Andrew Schmidt. owner of the Video Update store at 19465 State Highway 7
and Mr. Mark Steine. representing the Shorewood Shopping Center. have applied
for permits to erect temporary signs (portable billboards in both cases) at
their respective businesses.
The permits are subject to the requirements of Section 200.03 Subd.llc. (4). a
copy of which is attached. We've researched our records and found that neither
property has had a temporary sign permit within the last 12 months.
It should be noted that the Shopping Center has requested a 6' x 10' sign.
Based on the Ordinance. they should order a sign which complies with the 32
square feet area requirement. It is also recommended that the signs not have
blinking lights or moveable parts.
If there are any questions relative to this matter. please do not hesitate to
contact my office prior to the meeting.
BJN/slq
cc: Dan Vogt
Glenn Froberg
Andrew Schmidt
Mark Steine
A Residential Community on Lake Minnetonka's South Shore
5
, ~
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.
200.03 Subd. l~
(g) No sign shall be illuminated with any flashing or
intermittent lights, nor shall it be animated.
Exempted are time and temperature information and
barber poles. All displays shall be shielded to pre-
vent any light to b~ directed at on-coming traffic
in such brilliance as to impair the vision of any
driver. No device shall be illuminated in such a manner
as to interfere with or obscure an official traffic
sign or signal. No light shall be directed onto a
lake so as to interfere with navigation thereon.
(h) Roof signs.
c. General Provisions.
(1) All signs shall comply with the Minnesota State Building
Code as may be amended.
(2) When electrical signs are installed, the installation shall
be subject to the State Building Code as may be amended.
(3) No signs other than governmental signs shall be erected or
temporarily placed within any street right-of-way or upon
~ny public lands or easements or rights-of-way.
~/ (4) he temporary use of signs, searchlights, banners, pennants,
and similar devices shall require a permit. The permit shall
be valid for seven (7) consecutive days. The permit shall
be prominently displayed during the period of validity. Only
two (2) temporary permits may be granted for any property
within any twelve (12) month period. Temporary signs shall
not exceed thirty-two (32) square feet in area.
(5) No sign or sign structure shall protrude over a public
right-of-way.
(6) All signs which require a permit shall display, in an con-
spicuous manner, the owner's name, permit number, and date
the sign was erected.
I-57
...
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,~
.
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.
CITY OF
SHOREWOOD
MAYOR
Robert Rascop
COUNCI L
Jan Haugen
Kristi Stover
Robert Gagne
Barb Brancel
ADMINISTRATOR
Daniel J. Vogt
5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 . (612) 474-3236
MEMORANDUM
TO: MAYOR AND CITY COUNCIL
FROM: BRAD NIELSEN
DATE: 23 JULY 1987
RE: FERNCROFT - FINAL PLAT
FILE NO.: 405 (86.51)
Mark Swedlund has submitted a final plat for Ferncroft (see Exhibit A.
attached). The plat complies ~ith R-1D zoning requirements and is consistent
with the preliminary plat which was approved by the City on 8 June 1987.
Outlot A is to be deeded to the City in exchange for the vacated portion of
Ferncroft Lane (a.k.a. Sunrise Lane). The City Attorney is reviewing the deed
for the outlot and the title opinion for the property.
It is recommended that the final plat be approved as presented. Since streets
and utilities are already available to the plat. there appears to be no need
for a development agreement. Approval of the plat should be subject to the
following:
1. Prior to release of the Council resolution approving the plat. the
developer must pay park dedication fees in the amount of $1000. Credit is
allowed for the existing house.
2. The plat must be recorded within 30 days of the developer's receipt of the
Council resolution approving the plat.
BJN:ph
cc: Dan Vogt
Jim Norton
Glenn Froberg
Mark Swedlund
A Residential Community on Lake Minnetonka's South Shore
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RESOLUTION NO.
RESOLUTION BY THE CITY COUNCIL OF THE
CITY OF SHOREWOOD
TO VACATE A PORTION OF FERNCROFT DRIVE
WHEREAS, Notice of Public Hearing on the proposed vacation of a
portion of Ferncroft Drive, City of Shorewood, Hennepin County, Minnesota,
was published in the WEEKLY NEWS, INC., on the 21st and 28th day of May,
1987, and in the MINNESOTA SAILOR NEWSPAPERS, INC., on the 18th and 26th day
of May, 1987; and
WHEREAS, said Notice of Public Hearing was posted in three (3)
locations in the City of Shorewood; and
WHEREAS, the Council of the City of Shorewood has heard all
interested parties on the question of vacation at a Public Hearing on the 8th
day of June, 1987, in the Council Chambers at the City Hall.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood, Minnesota, that a portion of Ferncroft Drive, hereinafter
described, is hereby vacated:
That portion of Ferncroft Drive, also known as
Sunrise Lane, as platted in Minnetonka Manor, which
lies easterly of the northerly extension of the
westerly line of Block 8 of said Minnetonka Manor
BE IT FURTHER RESOLVED that the City Clerk is directed to notify
the County offices in accordance with Minnesota Statutes.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this
1987.
day of June,
Robert Rascop, Mayor
ATTEST:
Sandra L. Kennelly, City Clerk
.
.
/#
."-
"..-
"..
.
.
.
CITY OF
SHOREWOOD
MA YOR
Robert Rascop
COUNCI L
Jan Haugen
K risti Stover
Robert Gagne
Barb Brancel
ADMINISTRATOR
Daniel J. Vogt
5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 . (612) 474-3236
MEMORANDUM
TO: MAYOR AND CITY COUNCIL
FROM: BRAD NIELSEN
DATE: 23 JULY 1987
RE: RIDGEPOINT P.U.D. - FINAL PLAN/FINAL PLAT
FILE NO.: 405 (87.10)
We are in receipt of the final plat for the Ridgepoint P.U.D. (see Exhibit A.
attached). The plat is consistent with the preliminary plat which was approved
for the property in April of this year. As you recall. the plat has been
processed as a P.U.D. due to the private road servicing more than three lots.
A development agreement is being prepared and will be sent to you under
separate cover. Since the project is relati~ely simple. the development
agreement will not be much more than our standard format. There will be
provisions. however. which address the following:
1. Ownership and maintenance of the private road.
2. Requirement of protective covenants and restrictions. These were
reviewed with the concept and development stage plans.
3. Protection of a 50 foot natural area along the north. east and south
borders of the site.
The City Engineer has reviewed the applicant's plans for the road and utilities
and will be prepared to discuss them on Monday night. Apparently the problem
relative to sewer. which was cited earlier in the review process. has been
resolved quite satisfactorily.
Staff will be prepared to discuss the development agreement and the plat on
Monday night. If there are any questions prior to the meeting. please do not
hesitate to contact this office.
cc: Dan Vogt
Glenn Froberg
Jim Norton
Richard Conry
A Residential Community on Lake Minnetonka's South Shore
7
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RESOLUTION NO.
WHEREAS, the final plat of Towne Addition has been
submitted in the manner required for the platting of land under
Shorewood City Ordinances and under Chapter 462 of Minnesota
Statutes, and all proceedings have been duly had thereunder1 and
WHEREAS, said plat is consistent with the Shorewood
Comprehensive Plan and the regulations and requirements of the
laws of the State of Minnesota and Ordinances of the City of
Shorewood.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of
the City of Shorewood:
1. That the plat of Towne Addition is hereby approved.
2. That the approval is specifically conditioned upon
the terms and conditions contained in the Residential
Subdivision Development Agreement attached hereto and .made a
part hereof.
3. That the Mayor and City Clerk are hereby authorized
to execute the Certificate of Approval for the plat and the said
Development Agreement on behalf of the City Council.
4. That this final plat shall be filed and recorded
within 30 days of the Developer's receipt of this Resolution.
BE IT FURTHER RESOLVED, that the execution of the
Certificate upon said plat by the Mayor and City Clerk shall be
conclusive, showing a proper compliance therewith by the
subdivider and City officials and shall entitle such plat to be
placed on record forthwith without further formality, all in
compliance with Minnesota Statutes and Ordinances of the City.
ADOPTED BY THE CITY COUNCIL of the City of Shorewood this ____
day of , 1987.
Robert Rascop, Mayor
ATTEST:
Sandra L. Kennelly, City Clerk
8
.
.
6/23/87
CITY OF SHOREWOOD
RESIDENTIAL SUBDIVISION DEVELOPMENT. AGREEMENT
PLAT OF TOWNE ADDITION
THIS AGREEMENT, made this day of ,
.1987, by and between the CITY OF SHOREWOOD, a Minnesota municipal
corporation, hereinafter referred to as the "City", and WILLIAM B.
ECOFF of Shorewood, Minnesota, hereinafter referred to as the
"Developer".
WHEREAS, the Developer is the owner in fee of certain
lands described in Exhibit A attached hereto and made a part
hereof, which lands are hereinafter referred to as the "Subject
Property"; and
WHEREAS, the Developer has made application under the City
Subdivision Ordinance for City Council approval of a single-family
residential development preliminary plat of said land, said plat to
contain approximately six acres divided into 10 lots~ and to be
known as Towne Addition; and
WHEREAS, the City Council by its resolution passed on
May 11, 1987, has approved the preliminary plat of the subject
property; and
WHEREAS, the City has established the policy of requiring
land developers and the City to formally allocate between them the
furnishing of surfaced streets, curbs, gutters, required
landscaping, storm sewer and surface water drainage facilities,
street signs, sanitary sewer facilities and underground electric
and telephone service lines to all lots and plats approved by the
City, all of the foregoing hereinafter sometimes referred to as
improvements; and
WHEREAS, the Developers have made application to the City
to be allowed at Developer's expense to construct, install, and
perform all work and furnish all materials in connection with the
installation of such improvements.
NOW, THEREFORE, in consideration of the foregoing premises
and acceptance by the City of the final plat of Towne Addition, the
City and the Developer agree as follows:
.
.
1. IMPROVEMENTS INSTALLED BY DEVELOPER. Developer agrees at its
expense to construct, install and perform all work and furnish all
materials and equipment in connection with the installation of the
following improvements:
a. Street grading, stabilizing and bituminous surfacing;
b. Surmountable bituminous curbs and gutters;
c. Sanitary sewer mains;
d. Storm sewer and surface water drainage facilities;
e. Street signs;
f. Required landscaping.
It is understood that underground utility lines, including gas,
electric, and telephone, shall be installed by the respective
private utility companies pursuant to separate agreements with the
Developer.
2. STANDARDS OF CONSTRUCTION. Developer agrees that all of the
foregoing improvements shall equal or exceed City standards, shall
be constructed and installed in accordance with engineering plans
and specifications approved by the City Engineer and the
requirements of applicable City ordinances and standards, and that
all of said work shall be subject to final inspection and approval
by the City Engineer.
3. MATERIALS AND LABOR. All of the materials to be employed in
the making of said improvements and all of the work performed in
connection therewith shall be of uniformly good and workmanlike
quality, shall equal or exceed City standards and specifications,
and shall be subject to the inspection and approval of the City.
In case any materials or labor supplied shall be rejected by the
City as defective or unsuitable, then such rejected materials shall
be removed and replaced with approved materials, and rejected labor
shall be done anew to the satisfaction and approval of the City at
the cost and expense of Developer.
4. SCHEDULE OF WORK. The Developer shall submit a written
schedule indicating the proposed progress schedule and order of
completion of work covered by this Agreement, which schedule shall
be a part of this Agreement. Upon receipt of written notice from
the Developer of the existence of causes over which the Developer
has no control, which will delay the completion of the work, the
City, at its discretion, may extend the dates specified for
completion.
It is understood and agreed that the work shall be performed in one
phase to be fully completed by , 1987.
-2-
.
.
5. STREETS, SANITARY SEWER, AND STORM SEWER FACILITIES.
a. Plans and Specifications. The Developer agrees to
cause its engineers to prepare all plans and specifications
necessary for the installation of streets, curb, gutter, sanitary
sewer, and storm sewer . and surface water drainage facilities in" ',"
said plat, said plans and specifications to be subject to the final
approval of the City Engineer.
b. As-Built Plan. Upon completion of construction,
Developer shall cause its engineers to prepare and file with the
City an "as-built" plan showing the installation of the foregoing
facilities within the plat. Such plans shall be prepared in
conformance with City standards for as-built plans as are presently
on file with the City.
c. Easements. Developer, at its expense, shall acquire
all easements from abutting property owners necessary to the
installation of the sanitary sewer, storm sewer, and surface water
drainage facilities within the plat, and thereafter promptly assign
said easements to the City.
d. Pre-existing Drain Tile. All pre-existing drain tile
disturbed by Developer during construction shall be restored by
Developer.
6. STAKING, SURVEYING AND INSPECTION. It is agreed that the
Developer, through his engineer, shall provide for all staking and
surveying for the above-described improvements. In order to ensure
that the completed improvements conform to the approved plans and
specifications, the City will provide for resident inspection.
7. GRADING, DRAINAGE, AND EROSION CONTROL. Developer, at its
expense, shall provide grading, drainage and erosion control plans
to be reviewed and approved by the City Engineer. Said plans shall
provide for temporary dams, earthwork or such other devices and
practices, including seeding of graded areas, as necessary, to
prevent the washing, flooding, sedimentation and erosion of lands
and streets within and outside the plat during all phases of
construction. Developer shall keep all streets within the plat
free of all dirt and debris resulting from construction therein by
the Developer, its agents or assignees.
8. STREET SIGNS. Developer, at its expense, shall provide
standard city street identification signs and traffic control signs
in accordance with the Minnesota Manual on Uniform Traffic Control
Devices.
-3-
.
.
9. ACCESS. Developer shall provide reasonable access, including
temporary grading and graveling, to all residences under
construction in the plat until the streets are accepted by the
City.
10. "OCCUPANCY PERMITS. The occupancy of any < new structure on any
lot within said plat shall be prohibited by the City until the
streets shall have been graded and surfaced with class 5-100%
crushed material and municipal sanitary sewer lines shall have been
installed and are available to serve the lot for which the building
permit shall have been issued.
11. FINAL INSPECTION. Upon completion of the improvements set
forth in Paragraph 1 above, the City Engineer, the contractor, and
the Developer's engineer will make a final inspection of the work.
When the City Engineer is satisfied that all work is completed in
accordance with the approved plans and specifications, and the
Developer's engineer has submitted a written statement attesting to
same, the City Engineer shall recommend that the improvements be
accepted by the City.
12. CONVEYANCE OF IMPROVEMENTS. Upon completion of the
installation by Developer and approval by the City Engineer of the
improvements set forth in Paragraph 1 above, the Developer shall
convey said improvements to the City free of all liens and
encumbrances and with warranty of title, wh~ch shall include copies
of all lien waivers. Should the Developer fail to so convey said
improvements, the same shall become the property of the City
without further notice or action on the part of either party
hereto, other than acceptance by the City.
13. REPLACEMENT. All work and materials performed and furnished
hereunder by the Developer, its agents and subcontractors, found by
the City to be defective within one year after acceptance by the
City, shall be replaced by Developer at Developer's sole expense.
14. RESTORATION OF STREETS AND PUBLIC FACILITIES. The Developer
shall restore all City streets and other public facilities
disturbed or damaged as a result of Developer's construction
activities, including sod with necessary black dirt, bituminous
replacement, curb replacement, and all other items disturbed during
construction.
15. REIMBURSEMENT OF COSTS. The Developer shall reimburse the City
for all costs, including reasonable engineering, legal, planning
and administrative expenses incurred by the City in connection with
all matters relating to the administration and enforcement of the
within Agreement and the performance thereof by the Developer.
Such reimbursement shall be made within thirty (30) days of the
date of mailing of the City's notice of costs to the address set
forth in Paragraph 22 below.
-4-
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16. CLAIMS FOR WORK. The Developer or its contractor shall do no
work or furnish no materials not covered by the plans and
specifications and special conditions of this Agreement, for which
reimbursement is expected from the City, unless such work is first
ordered in writing by the City Engineer as provided in the
specifications. Any> such work or materials which may be done or
furnished by the contractor without such written order first being
obtained shall be at its own risk, cost and expense.
17. LETTER OF CREDIT. For the purpose of assuring and
guaranteeing to the City that the improvements to be constructed,
installed and furnished by the Developer as set forth in Paragraph
1 above, shall be constructed, installed and furnished according to
the terms of this Agreement, and to ensure that the Developer shall
pay all claims for work done and materials and supplies furnished
for the performance of this Agreement, and that the Developer shall
fully comply with all of the other terms and provisions of this
Development Agreement, the Developer agrees to furnish to the City
either a cash deposit or an irrevocable letter of credit approved
by the City in an amount equal to 150% of the total cost of said
improvements as estimated by the Developer's engineer and approved
by the City Engineer. Said deposit or letter of credit shall
remain in effect for a period of one year following the completion
of the required improvements. The said deposit or letter of credit
may be reduced in amount or replaced by a maintenance bond at the
discretion of the City upon acceptance by the City of the various
individual improvements.
18. LIABILITY INSURANCE. The Developer shall take out and
maintain during the life of this agreement public liability and
property damage insurance covering personal injury, including
death, and claims for property damage which may arise out of the
Developer's work or the work of their subcontractors, or by one
directly or indirectly employed by any of them. This insurance
policy shall be a single limit public liability insurance policy in
the amount of $1,000,000.00. The City shall be named as co-insured
on said policy and the Developer shall file a copy of the insurance
coverage with the City.
Prior to commencement of construction of the i~provements described
in Paragraph 1 above, the Developers shall file with the City a
certificate of such insurance as will protect the Developer, his
contractors and subcontractors from claims arising under the
workers' compensation laws of the State of Minnesota.
19. LAWS, ORDINANCES, REGULATIONS AND PERMITS. Developer shall
comply with all laws, ordinances, and regulations of all regulatory
bodies having jurisdiction of the Subject Property and shall secure
-5-
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.
all permits that may be required by the City of Shorewood, the
State of Minnesota, and the Minnehaha Creek Watershed District
before commencing development of the plat.
20. SEWER ASSESSMENTS. The original assessments against the
property for sanitary sewer are in the amount of $
Developer acknowledges that as a newly platted development of 7
lots, additional sums may be assessed against the property as
equalization charges pursuant to Shorewood Ordinance No. 80.
Developer agrees to accept and pay all such charges to the City in
accordance with Shorewood Ordinance No. 80, together with all
previous assessments against the property, provided full credit is
given to the Developer for all prior payments made by the Developer
or its predecessor on account of said assessments. A schedule of
such charges is set forth in Exhibit B, attached hereto and made a
part hereof.
21. PARK FUND PAYMENT. Developer shall, at the time that final
plat is approved, make a cash payment to the City in the sum of
$4,500.00 for the Park Fund.
22. NOTICES. All notices, certificates and other communications
hereunder shall be sufficiently given and shall be deemed given
when mailed by certified mail, return receipt requested, postage
prepaid, with proper address as indicated below. The City and the
Developer by written notice given by one to the other, may
designate any address or addresses to which notices, certificates
or other communications to them shall be sent when required as
contemplated by this Agreement. Unless otherwise provided by the
respective parties, all notices, certificates and communications to
each of them shall be addressed as follows:
To the City:
City of Shorewood
5755 Country Club Road
Shorewood, MN 55331
To the Developer:
William B. Ecoff
24740 Smithtown Road
Shorewood, MN 55331
23. PROOF OF TITLE. The Developer shall furnish the City with
evidence satisfactory to the City that he holds title to the
Subject Property in fee simple.
24. DISCLAIMER BY CITY. It is understood and agreed that the
City, the City Council, and the agents and employees of the City
shall not be personally liable or responsible in any manner to the
Developer, the Developer's contractors or subcontractors,
materialmen, laborers, or any other person, firm or corporation
-6-
~'''''i...
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.
whomsoever, for any debt, claim, demand, damages, actions or causes
of action of any kind or character arising out of or by reason of
the execution of this Agreement or the performance and completion
of the work and improvements hereunder; and that the Developer will
save the City, the City Council, and the agents and employees of
the City harmless from any and all claims, damages, demands,
actions or causes of action arising therefrom and the costs,
disbursements, and expenses of defending the same.
25. DECLARATION OF COVENANTS', CONDITIONS AND RESTRICTIONS.
Developer shall provide a copy of the Declaration of Covenants,
Conditions and Restrictions, the Articles of Incorporation and
By-laws of the Homeowners Association, if any, for review and
approval by the City prior to recording the plat.
26. DURATION OF AGREEMENT. This Agreement shall remain in effect
until such time as the Developer shall have fully performed all of
his duties and obligations under this Agreement.
27. REMEDIES UPON DEFAULT.
a. Assessments. In the event the Developer shall default
in the performance of any of the covenants and agreements herein
contained and such default shall not have been cured within thirty
(30) days after receipt by the Developer of written notice thereof,
the City, if it so elects, may cause any of the improvements
described in Paragraph I above to be constructed and installed or
may take action to cure such other default and may cause the entire
cost thereof, including all reasonable engineering, legal and
administrative expense incurred by the City to be recovered as a
special assessment under Minnesota Statutes Chapter 429, in which
case the Developer agrees to pay the entire amount of such
assessment within thirty (30) days after its adoption. Developer
further agrees that in the event of its failure to pay in full any
such special assessment within the time prescribed herein, the City
shall have a specific lien on all of Developer's real property
within the Subject Property for any amount so unpaid, and the City
shall have the right to foreclose said lien in the manner
prescribed for the foreclosure of mechanic's liens under the laws
of the State of Minnesota. In the event of an emergency, as
determined by the City Engineer, the notice requirements to the
Developer prescribed by Minnesota Statutes Chapter 429 shall be and
hereby are waived in their entirety, and the Developer shall
reimburse the City for any expense incurred by the City in
remedying the conditions creating the emergency.
-7-
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b. Performance Guaranty. In addition to the foregoing,
the City may also institute legal action against the Developer or
utilize any cash deposit made or letter of credit delivered
hereunder, to collect, pay, or reimburse the city for:
-ill the cost of completing the construction of the
improvements described in Paragraph 1 above.
(2) the cost of curing any other default by the
Developer in the performance of any of the covenants
and agreements contained herein.
(3) the cost of reasonable engineering, legal and
administrative expense incurred by the City in
enforcing and administering this Agreement.
c. Legal Proceedings. In addition to the foregoing, the
City may institute any proper action or proceeding at law or at
equity to abate violations of this Agreement, or to prevent use or
occupancy of the proposed dwellings.
28. HEADINGS. Headings at the beginning of paragraphs hereof are
for convenience of reference, shall not be considered a part of the
text of this Agreement, and shall not influence its construction.
29. SEVERABILITY. In the event any provisions of this Agreement
shall be held invalid, illegal, or unenforceable by any court of
competent jurisdiction, such holding shall not invalidate or render
unenforceable any other provision hereof, and the remaining
provisions shall not in any way be affected or impaired thereby.
30. EXECUTION OF COUNTERPARTS. This Agreement may be
simultaneously executed in several counterparts, each of which
shall be an original, and all of which shall constitute but one and
the same instrument.
31. CONSTRUCTION. This Agreement shall be construed in accordance
with the laws of the State of Minnesota.
32. SUCCESSORS AND ASSIGNS. It is agreed by and between the
parties hereto that the Agreement herein contained shall be binding
upon and inure to the benefit of their respective legal
representatives, successors, and assigns.
-8-
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.'
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be executed on the day and year first above written.
William B. Ecoff, Developer
-9-
CITY OF SHOREWOOD
By:
Robert Rascop, Mayor
ATTEST:
Sandra L. Kennelly, City Clerk
. \
.
..
STATE OF MINNESOTA )
) ss
COUNTY OF HENNEPIN )
On this day of , 1987, before me, a
Notary Publiecwithinandfor said County t personally appea~ed.il;
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 City Clerk of the municipal
corporation named in the foregoing instrument, and that said
instrument was signed and sealed in behalf of said corporation
by authority of its City Council, and said Robert Rascop and
Sandra L. Kennelly acknowledged said instrument to be the free
act and deed of said corporation.
Notary Public
STATE OF MINNESOTA )
) ss
COUNTY OF HENNEPIN )
On this day of , 1987, before me,
within and for said County, personally appeared William B.
Ecoff, to me known to be the person described in and who
executed the foregoing instrument and acknowledged that he
executed the same as his free act and deed.
Notary Public
-10-
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EXHIBIT A
LEGAL DESCRIPTION OF SUBJECT PROPERTY
Par 1: That part of the Southwest 1/4 of the Northeast 1/4 of
Section 33, Township 117, North Range 23, as follows:
Commencing at a point in the middle of the Smithtown Road 468.8
feet North of the center of said Section 33~ thence North 81
degrees 40 minutes East along center of said road 122.9 feet to
the point of beginning: thence continuing further on said center
line a distance of 211.1 feet to a point, thence northerly 815.4
feet to a point on the North line of said Southwest 1/4 of the
Northeast 1/4, 333 feet east of the northwest corner thereof,
thence west 208.8 feet to a point, thence south 854.2 feet to
the point of beginning.
Par 2: Commencing at a point in the middle of the Smithtown
Road, 468.8 feet north of the center of Section 33, Township
117, North Range 23: thence North 81 degrees 40 minutes East
20.7 feet measured along the center of the road: the point of
beginning of the land to be described: thence continuing along
the center line of said Road 102.2 feet: thence north 854.2 feet
to a point on the north line of the Southwest 1/4 of the
Northeast 1/4. said Section 33. 124.2 feet east of the northwest
corner thereof: thence West along said north line 101.0 feet to
a point 23.2 feet east of said northwest corner: thence south
872.8 feet more or less to the point of beginning.
-11-
4
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EXHIBIT B
SEWER EQUALIZATION CHARGE
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SCH(JENHALL"L1D.
DEVELOPERS OF INVESTMENT REAL ESTATE
July 20, 1987
City Council
c/o Brad Nielsen
City of Shorewood
5755 Country Club Road
Excelsior , MN 55331
Re: Proposed "Galpin Lake Woods"
at Bracketts Road, Shorewood
Dear Mr. Nielsen:
As we discussed, we would prefer that city water services
be available to these 11 new lots. However, the cost of
installing an 8" water line from the existing well on
Apple Road to this new subdivision is almost $49,000. We
believe it is certainly fair and reasonable that some of
this cost be assessed or paid by the City of Shorewood.
Numerous homes will have immediate access to this water
line if extended. Our proposal is that 1/2 of the cost
of this water line be paid directly by us as developer
of these 11 lots, and 1/2 of the expense be paid by the
City of Shorewood.
Please keep in mind that the actual expense of the water
main inside the boundaries of "Galpin Lake Woods" is
totally borne by us. This proposal only refers to the
cost of extending water to the property.
We understand the City Council will make this decision
but if you have any comments, Brad, please advise.
.
Yours truly,
L~ · JJ6:.
~.1i~k~11
President
MAH/bb
11095 Viking Drive 0 Suite 380 0 Eden Prairie. MN 55344 0 612 - 944-1059
s
.
.
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
22 July 1987
Mr. Michael Halley
Schoenhall Ltd.
11095 Viking Drive Suite 380
Eden Prairie. MN 55344
Re: Proposed Galpin Lake Woods
Dear Mr. Halley:
We are in receipt of your letter. dated 20 July 1987. requesting participation
by the City in constructing a water line to service the above-referenced
project. Your request has been placed on the agenda for the 27 July Council
Meeting. An agenda for that meeting is enclosed.
You should be aware of Shorewood's current policy relative to water main
extensions. First. the City allows a developer to serve his property with
water by extending from an existing City-owned system. extending from an
adjoining community's system (with their permission). construction of a
community well. or construction of private wells. Secondly. the City has
consistently stated that they will not force any resident of Shorewood to
connect to the municipal system. This policy precludes the possibility of
assessing the cost to people along the watermain route. There is nothing.
however. that would keep you from negotiating with those residents to
participate in the cost on a private basis.
As far as the City participating in the project. the City Administrator has
advised me that no money currently exists within the water fund for such
improvements. Nor has the City funded such work in the past.
If you have any questions relative to this matter. please do not hesitate to
contact my office. Otherwise we will expect to see you at the meeting.
Sincerely,
~f~
Bradley J. ~lsen
City Planner/Building Official
BJN/slq
cc: Dan Vogt
Glenn Froberg
Jia Norton
Mayor and City Council
A Residenti" Community on Lake MinnetonkB's South Sho",
.
.
APPLICA4IaN FOR PERMIT TO KEEP OR ~TAIN
PRIVATE~OPERTY WITHIN A PUBLICLi~ED
RIGHT-OF-WAY PURSUANT '1'0 SHOREWOOD ORDINAHCE
NO. 121
Please type or print legibly
1. APPLICANT INFORMATION
Please give the name(s) of all persons who own the private property
to be maintained in right-of-way.
NAME(S) G~-L=5 y. S 0 R~ k) S E N
f).. ? ? ~ S €> t ~r.l ~ '\A ?--L...R~ I
ADDRESSES c::; h O~E Lu~,d , M t.J . 90331
"
TELEPHONE -'t '74- 0 9 b ~
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.
J,jg{cU\V\~-\ li?nAo\
3. Please describe as carefully as possible the exact location or address
on the right-of-way where the private property is to be maintained, as
well as the nature, extent and purpose of the requested encroachment
on the right-of-way. (Attach a photograph or sketch if possible).
"'eRe is. f\ ~I ~\j~ ~\\\ f~OM i"~ ~td\<,\ EJ.j~ -Th. LEVEl oi ~~Nt ~~(?cA.
DU\t 1-b L~t)e f\Y,*,olArVl- ~f 'ltlAfuc:. ~r-~ ,*cAes4~\"fJS e10 Ro~d Its well As
~'\J.s ClP \'\K€S ,.'I'dV;)\f/~5 tf ~hE. h \\\ I ~E.EL AN rrttRf\d\vE.. -tE-IUC:E l-ClCA~o\
f\ S f€ ~ ~+G h r~cV\ W ~ J.a -\-0 "^', f ~ 'LV € I+~ ~ l.-\ -t cAow ~ (l? 0 ~C( ~ 0 ~ Sf: h+
fJttj\...1j .. ANdt f2t"~NUnl"~l k\,^s. J.f\mt\.j~ If\l3 VV\~ dRASS A NJ ~~~~ WI~
t~€l{( b' (. -. 1\LSo ik;s ~NC~ wc)\.J,.\J!P€ t!cNS't>'''Nt. IN\tk ot~ER Y\I~ rr-~RI)\.A>
· 'l ~'^"c.~S 'N M~ ~cAi~oJ..l.. PCA€" 0 +~E ~f\"\I\RE 0' -thE S;-E:Ci: e "'~\\ -\~~R~
"U\'\ \ n cbnsiderat:ion --of- approval of this permi.t, I hereby knowingly and
voluntarily waive any right to recover frc'm the City of Shorewood for
damage occurring to property in the right-of-way as above described,
which damage results from the performance by the Ci- of Shorewood or
its agE::nts (If any public duties required by law.
rate~ . ~
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Permit () Approved fv\5 NE1)h \?()~S ~Ls.~ hflVE- No obJfc:tiD,
( ) Not Approved
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Memorandum
To:
.
.
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 City Council
From:
Brad Nielsen
Date:
20 July 1987
Re:
Orders for Removal of Hazardous Buildings
5620 County Road 19
4205 Enchanted Drive
As you are aware notices were sent to the owners of the above-referenced
properties to remove buildings that have been determined to be hazardous. The
notices were issued pursuant to the procedures set forth in The Uniform Code
for the Abatement of Hazardous Buildings.
Since then the City Attorney has advised me that Minnesota Statutes 463.15
supercede the Uniform Code. The process is explained in a letter from the City
Attorney, dated 20 July 1987. One of the significant differences between the
Code and the statutes is the notification procedure. Whereas the Code requires
notification of the last known owner, the statutes require serving notice on
mortgage holders, contract holders, fee owners, lien holders etc. The statutes
also require that the City Council, rather than the Building Official order the
removal of the building.
We will have removal orders prepared for the two sites in time for Monday
night's meeting. Assuming the Council authorizes the orders to be issued, the
process can be restarted.
If there is no appeal of the order within 20 days, the City must request that
the Court enforce the order.
If there are any questions relative to this matter, please do not hesitate to
contact my office.
BJN/ slq
cc: Dan Vogt
Glenn Froberg
A Residential Community on Lake Minnetonka's South Shore
11
.
.
FROBERG & PENBERTHY, P.A.
A TTORNEYS A T LA W
Glenn Froberg
James G. Penberthy
Paul B. Ahern
17736 Excelsior Boulevard
Minnetonka, Minnesota 55345
(612) 474-8877
July 20, 1987
Brad Nielson
Ci ty of Shorewood
5755 Country Club Road
Shorewood, Minnesota 55331
RE: Procedure for Rem:>val of Hazardous Building
Recent ly, the Ci ty of Shorewood has been faced wi th issues
concerning the rerooval of hazardous bui ldings. There are two
different and separate procedures which can be used in these
cases. They are outlined in the attached statutory provisions.
1. The first procedure applies to cases where the City has
the consent of all persons and entities having an interest in the
property with the hazardous building. The City can approve of
the razing or rerooval of a hazardous building if it obtains the
written consent of all owners of record occupying tenants and all
lien holders of record. See M.S. 463.151.
2. If the consent of all interested parties cannot be
obtained, there is a second, more complicated procedure.
The City Council may order the correction of a hazardous
condition or, where appropriate, may order the razing or rerooval
of a hazardous condi t ion. After hearing the mat ter at a Council
meeting, the Council issues its Order in writing. I have
at tached a copy of an Order used in a previous matter.
The Order is then personally served upon all interested parties.
I t may be served on the agent for any owner of the property, if
an agent is in charge of the building. If an owner cannot be
found, service can be make by post ing the Order on the main
entrance of the building and four weeks pub I ication in the City's
legal newspaper.
The City's Order is then filed in Hennepin County District
Court. If an Answer is not received within twenty (20) days, the
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Brad Nielson
July 20, 1987
Page 2
Ci ty may III)ve the Court for enforcement of the Order.
Answer is received, then the matter is scheduled for
proceedings, including a possible trial and appeal.
463.161.
If an
further
See M. S.
A final alternative in hazardous building cases would be for the
City to exercise its powers of eminent danain. Under M.S.
463.152, City may acquire hazardous building and the real estate
upon which the building is located by eminent danain.
If you have any questions concerning these procedures, feel free
to contact me.
FImEOO & PENBERIHY, P .A.
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Paul B. Ahern
PAl acb
enclosures
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STATE OF MINNESOTA
COUNTY OF HENNEPIN
City of Shorewood, Minnesota,
a Municipal Corporation,
Plaintiff,
v.
Shorewood Investments, Inc., a
Minnesota Corporation,
Gary M. Lindgren, and Angie L.
Koenig,
Defendants.
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DISTRICT COURT
FOURTH JUDICIAL DISTRICT
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ORDER TO REPAIR OR
REMOVE HAZARDOUS BUILDING
CITY OF SHOREWOOD TO THE ABOVE-NAMED DEFENDANTS:
The City Council of the City of Shorewood, Minnesota, hereby
orders you and each of you as the owners of a hazardous building
located at 5580 Manitou Road, Shorewood, Minnesota, to correct the
hazardous condition of such building or to raze or remove same within
twenty (20) days or to file your Answer to this Order in the office
of the Clerk of District Court within twenty (20) days after the
service of this Order upon you.
If you fail to take the specified corrective action or to
file an Answer to this Order within the time stated, the City of
Shorewood shall move the District Court for summary enforcement of
this Order.
The grounds for this Order are set forth in that certain
letter dated 28 April, 1986, from Bradley J. Nielsen, City
Planner/Building Official, to Mr. Gary Lingren, Shorewood
Investments, Inc., a copy of which letter is attached hereto and made
a part hereof as Exhibit A.
CITY OF SHOREWOOD
Robert Rascop, Mayor
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REnnrICN ro.
WHEREAS, it has been brought to the attention of the Shorewood
City Council that a significant volume of traffic exists at the intersection
of County Road 19 and T .H. 7; and
WHEREAS, the traffic at said intersection is presently controlled
by a single stop sign on County Road 19; and
WHEREAS, the Council is of the opinion that due to the divided
nature of the highway and the signi ficant traffic volume, the present stop
sign is inadequate to control the intersection, and a hazardous condition
exists; and
WHEREAS, the Counci I bel ieves that a study should be undertaken
by the Minnesota Department. of Transportation to determine whether traffic
light signals could better control the traffic at such intersection; and
WHEREAS, the subject intersection is within the corporate limits
and jurisdiction of the City of Excelsior.
IDV, 'lliEREFrnE, BE IT RESOLVED by the Ci ty Counci I of the Ci ty of
Shorewood as follows:
1. That the City of Excelsior be asked to request the
Coomissioner of Transporation to authorize, upon the basis of an engineering
and traffic investigation, the erection of traffic light signals at the
intersection of County Road 19 and T.H. '7.
2. That the City Council directs the Clerk to immediately
forward to the City of Excelsior a copy of this Resolution for further action
and response.
AOOPrED BY '!HE CI'lY a::x..JOCIL OF '!HE CI'lY OF SlDIlliVlXD thi s
1987.
day of
Robert Rascop, Mayor
ATfEST:
Sandra L. Kennelly, City Clerk
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ClIDINAN::E NJ.
AN ClIDINANCE AOOPrIOO '!HE SImE.WXD CI1Y ODE
'!HE CI1Y CXl.JtCIL OF '!HE CI1Y OF SImE.WXD, MINNESOTA, <BlAINS:
Section 1. Code Adopted. There is hereby adopted that certain
reVISIon and codification of the ordinances of the City contained in a
printed coopilation entitled "Shorewood City Code." A copy of such code
shall be marked "Official Copy" and fi led as part of the official records of
the City in the office of the City Clerk.
Section 2. Continued Effectiveness. All ordinances of a general
nature included in the Shorewood City Code shall be considered as
continuations of said ordinances and the fact that sane provisions have been
del iberately eliminated by the governing body shall not serve to cause any
interruption in the continued effectiveness of the ordinances included in
said Code. All ordinances of a special nature, such as tax levy ordinances,
bond ordinances, franchises, vacating ordinances and annexation ordinances
shall continue in full force and effect unless specifically repealed or
amended by provisions of the Shorewood City Code. Such ordinances are not
intended to be included in the Shorewood City Code.
Section 3. Alteration or Tampering. It shall be unlawful for
any person, finn or corporation to change or amend by additions or deletions
any part or portion of such Code, or to insert or delete pages or portions
thereof, or to al ter or tamper wi th such Code in any manner whatsoever which
will cause the law of the City to be misrepresented thereby.
Section 4. Copies. The City Clerk shall provide a sufficient
quantity of the Shorewood City Code for general distribution to the public
and shall give notice in the official newspaper for at least two successive
weeks that copies are available in the office for exronination or purchase.
Section 5. Prima Facie Evidence. The Shorewood City Code shall
be prima facie evidence of the law of the City.
Section 6. Effective Date. This Ordinance shall take effect and
be in force from and after its passage and publication.
Section 7. Repealer. All ordinances or parts of ordinances in
conflict herewith are, to the extent of such conflict, hereby repealed.
AOOPI'ED BY '!HE CI'IY CXl.JtCIL of the Ci ty of Shorewood this
, 1987.
day 0 f
Robert Rascop, Mayor
ATI'EST:
Sandra L. Kennelly, City Clerk
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AMENDMENT TO WATER AND SEWER AGREEMENT
TONKA BAY - SHOREWOOD
THIS AGREEMENT, made and entered into this ~ day of July,
1987 by and between the City of Tonka Bay, a Minnesota municipal
corporation, hereinafter referred to as "Tonka Bay" and the City of
Shorewood, a Minnesota municipal corporation, hereinafter referred
to as "Shorewood",
WHEREAS, Tonka Bay and Shorewood entered into that certain
agreement dated the 9th day of July, 1973, called "Water and Sewer
Agreement, Tonka Bay - Shorewood", a copy of which is attached
hereto as Exhibit "A" and made a part hereof as if fully set out
herein, and
WHEREAS, the parties desire to amend paragraph II 2 c of said
agreement, which refers to the cash payment to T0nka Bay for each
residential hook up and the commercial hook up rate, and
WHEREAS, the parties desire to ratify said Exhibit A in all
other respects,
NOW, THEREFORE, in consideration of the premises and mutual
covenants, and other good and valuable consideration, it is hereby
agreed as follows:
II 2 c of Exhibit "An shall be amended as follows:
c. Cash payment to Tonka Bay for each residential hook up
in the amount of one thousand five hundred dollars
($1,500.00). Commercial hook ups shall pay the same rate
as Tonka Bay users.
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IN WITNESS WHEREOF, the undersigned governmental units have
caused this agreement to be executed in their behalf pursuant to
the authority of their respective City Councils.
IN PRESENCE OF:
CITY OF TaNKA BAY
BY:
Ruth M. Sherman, Mayor
BY:
Kirk C. McDonald, Clerk/
Administrator
CITY OF SHOREWOOD
BY:
Robert Rascop, Mayor
BY:
Sandra L. Kennelly, Clerk
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WATER AND S~WER AGREEMENT
TONKA BAY - SHORh~OOD
THIS AGREEMENT made and entered into this ~ day of
~f~~ ' 1973 by ~d between the Village of Tonka Bay, a
~icf al corporation, hereinafter referred to as Tonka Bay, and
the Village of Shorewood, a municipal corporation, hereinafter
referred to as Shorewood,
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WHEREAS, Tonka Bay did in the year 1965 construct an
interior sewer system to serve land located within the confines
of its village, and
WHEREAS, Tonka Bay did during the year 1972 construct an
interior water system to serve the land located within the confines
of its village, and
WHEREAS, the Metropolitan Sewer Board did during the year
1971 construct a Metropolitan Sewer line to serve, among other
municipalities, in such a manner as to collect the sewage from
Tonka Bay at one point at or near Manitou, Hennepin County Road
No. 19 intersection, and
WHEREAS, the Village of Shorewood did during the year 1972
construct a municipal sewer system to serve properties located
within the confines of its village, and
WHEREAS, the metropolitan interceptor serves Shorewood so
that the trunks constructed by the Village of Shorewood can, in
most cases, connect with the metropolitan interceptor at points
within the confines of Shorewood, and
WHEREAS, Shorewood is adjacent to Tonka Bay so that the
two have a common border, and
WHEREAS, there is a section of Shorewood the geography of
which makes it impractical to connect to the metropolitan sewer
interceptor without constructing expensive pumping stations and
force mains, unless the area in question is, in fact, connected
to the interceptor by use of the interior lateral sewer system
of Tonka Bay, and
WHEREAS, Tonka Bay and Shorewood agree that it is to the
best interest .of both villages to use the Tonka Bay interior
sewer lines to serve the Shorewood area provided Toru(a Bay is
appropriately compensated for such use, and
EXHIBIT A
Page 1 of 4
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desirous of pr~ding such service, and ~
WHEREAS, Tonka Bay and Shorewood are desirous of setting
forth in this agreement provisions under which Shorewood may
make use of Tonka Bay's interior sewer system to reach the metro
interceptor, and also provisions whereby Sllorewood may receive
water service from the Tonka Bay water system,
NOW, THEREFORE, in consideration of the premises and
mutual covenants, it is hereby agreed as follows:
I.
USE OF TONKA BAY INTERIOR SEWER SYSTEM
1. Shorewood may connect a portion of its lateral sewer system
to the Tonka Bay interior sewer system for the purpose of using
the Tonka Bay lines to reach the metropolitan sewer interceptor
provided that Shorewood concurrently file with the Village of
Tanka Bay:
a. A copy of the as-built plans of that portion of
the lines so connected.
b. A ~)lat showing the area including the platted
lots of that portion of the system so connected.
c. A statement setting forth the maximum number
of connections to be connected to the Tonka Bay
system, which number shall not exceed - 20 - .
d. A cash payment to Tonka Bay in the amount of
$300.00 for each unit hooked up or anticipated to
be hooked up to the Tonka Bay system.
2. Tonka Bay will bill Shorewood annually a proportion of the
cost of maintaining the interior ~onka Bay lines, which bill
will be computed by first determining the cost of maintaining
the Tonka Bay sewer system and taking a percentage of the cost
which the Shorewood connections bear to 500 (Tonka Bay con-
nections) .
3. Tonka Bay will be responsib~e fo~ maintaining its own interior
system. In the event there is a breakdown in that system so as
to preclude receiving sewage from the Shorewood connections,
Tonka Bay will "i.mmediately notify Shorewood of the problem and
it shall thereupon be Shorewood's responsibility to provide
EXHIBIT A
Page 2 of 4
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.LU::.i.l-hJl.l.tiJ. ole ~o i::llJ.orewood J.U!' any breaku.uwn ~nl.hl;: '1'uaKa bay .L.LW~;;'.
4. Shorewood Sh~ be at liberty at any ti~O terminate use of
the Tonka Bay lines; however, no money shall be due and payable
to Shorewood in the event of termination of such use.
II.
WATER SYSTEM
1. In the event Shorewood determines that it desires to con-
struct and install water lines within the Village of Shorewood,
it may connect said lines to the Tonka Bay municipal water system
upon the adoption by Tonka Bay of a resolution authorizing such
connection.
2. Hook up to such connection may be made in the Village of
Shorewood only upon:
a. Obtaining a permit from the Village of Shorewood
to so do, all in accordance with the ordinances of
Shorewood.
b. Copy of the application of such permit shall be
submitted forthwith to Tonka Bay. No permit for
such connection shall be issued by Shorewood until
approval or disapproval thereof has been given by
Tonka Bay.
c. Cash payment to Tonka Bay for each residential
hook up in the "amount of $500.00. Commercial hook ups
shall pay the same rate as Tonka Bay users.
d. Users connected to Tonka Bay water system shall
comply with the Tonka Bay ordinances governing the
use of the Tonka Bay water system including the use of
meters. Tonka Bay shall charge the residents of
Shorewood connected to the Tonka Bay water system
user fees at the same rate charged to Tonka Bay
residents. In the event Shorewood desires to bill
and collect said user fees, it shall be Shorewood's
obligation to inspect and read the meters quarterly
and remit to Tonka Bay that amount which would be due
Tonka Bay if Tonka Bay billed directly.
e. Sh~r~wood shall be responsible for all delin-
quent water accounts. The accounts of all water
EXHIBIT A
Page 3 of 4
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and Shorewood shall within thirty (30) days thereafter
make payment to Tonka Bay and become absolute owner of
the account.
f. Shorewood shall be obligated to inspect and repair
all water lines located in the Village of Shorewood
and in the event there is a defect or break in said
lines, Shorewood shall immediately take steps to
correct the same. If the break is not corrected,
Tonka Bay may shut off the water at the Tonka Bay
village limits.
g. Shorewood shall not permit any connection to Tonka
Bay water system without prior approval by Tonka Bay.
IN WITNESS WHEREOF, the undersigned governmental units have
caused this agreement to be executed in their behalf pursuant to
the authority of their respective village councils.
IN PRESENCE OF:
VILLAGE OF TONKA BA&
BY~~ '.a~
Mayor
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By ~~7
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VILLAGE OF SHOREWOOD
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By 7rJ~1 7/ '-;ffi; /u.2kJ(. . nu.:2
I ' Clerk- ~(f
EXlIIBI'J' A
Page 4 of 4
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~ RE RECYCLI~ SERVICES
AGREE1VENl' made as of this day of . 1987. by
and between"the City of Shorewood. a Minnesota corporation ("City'!) ~ ,and
Super Cycle. Inc. ("Contractor").
City and Contractor agree as follows:
1. Defini tions
1.1 "Recyclable materials" means newsprint. sorted glass.
unsorted aluninun. steel and "tin" cans and corrugated cardboard. except
corrugated cardboard at commercial properties.
1. 2 "Recycling collect ion" means the taking up of all -
recyclable materials accumulated in containers of single. double. triple.
and quadruple-dwelling unit residential properties and commercial
properties located within the City. as identified in Exhibit A. and the
transporting of the recyclable materials to a site outside the City where
they can be processed for the market-place as detennined by Contractor.
1. 3 "IMell ing unit" means a separate residential dwell ing
place with a kitchen.
2. Services to be Perfonned
2.1 Contractor shall collect all recyclable materials for
collection in City once a month during the duration of this contract.
Collections shall be made on the first Friday of each month for City. as
shown on Exhibit A. Such collection shall include collection of
recyclable materials from all residential properties having four or less
dwell'ing uni ts in a single building and all commercial properties.
Contractor shall also provide three "drop off" locations
operated by personnel employed by Contractor. as shown on Exhibit B. for
the purpose of allowing City residents and business owners the opportunity
to "drop off" recyclable materials at said sites. Contract shall provide
said "drop off" services the third Saturday of each month.
2.2 Contractor shall not be required to make regular
collections nor provide "drop off" services on New Year's Day. lVlenDrial
Day. Independence Day, Labor Day, Thanksgiving Day or Christmas Day,
provided, however. that collections and "drop off" services occur on the
routes reasonably in advance thereof or thereafter in the opinion of the
City Administrator. and the week's schedule shall be completed regardless
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of the holiday.
2.3 The tenm of this Contract shall be from June 1, 1987,
through May 31, 1988. The first collection date and "drop off" date shall
be June 5, 1987, and June 20, 1987, respectively, and thereafter on the
first Friday and third Saturday, respectively, of each month.
2.4 This Contract may be renewed at City's discretion or may
be opened for competitive bidding. City shall consider whether Contractor
has perfonmed satisfactorily. Renewal shall be subject to mutual
agreement to amendments proposed by City or Contractor.
3. Preparation for Collection
3.1 All occupants of residential properties consisting of four
or less dwelling units in a single building in City and business owners
who are participating in this program shall separate and place recyclable
materials in paper bags and/or cardboard boxes.
3.2 Containers shall be placed in an accessible area no
farther away than 15 feet from the traveled portions of the public
right-of-way and shall be placed in plain sight. Containers shall be
placed for collection by 7: 00 a.m. on the scheduled day of collection.
3.3 All recyclable materials placed for collection shall be
owned by and the responsibility of the occupants of residential and
conmercial properties until they are handled by Contractor. Upon handling
the recyclable materials by Contractor, the recyclable materials become
the property and responsibility of Contractor.
4. Contractor's Equipment
4.1 All vehicles shall be painted and marked unifonmly and
shall be identified on both sides of the cab. Broom and shovel in good
usable condition shall be placed and maintained on each truck.
4.2 Contractor shall make all collections of recyclable
materials other than newsprint in a water-tight metal receptacle or
vehicles with closed tops so constructed that their contents will not
spill therefrom; however, all receptacles and vehicles shall be kept clean
and as free from all offensive odors as possible and shall not be allowed
to stand on any street, alley or other place longer than is reasonably
necessary to collect recyclable materials
4.3 Contractor shall keep all equipment used in the
perfonmance of the work in good operat ing condit ion and in a clean,
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sanitary condition. Equipment is subject to periodic inspection by City.
5. Contractor's Operations
5.1 Contractor shall establish and maintain in a location
approved by the City Administrator, an office with continuous supervision
for accepting complaints and customer calls. The office shall be in
service during the hours of 8:00 a.m. until 4:30 p.m. on all days of
collection as specified in this Contract. Address and telephone nmi>er of
such office and any changes therein shall be given to City in writing.
The address of this office as of the execution of this Contract is: 775
Rice Street, St. Paul, MN 55117. The telephone number is: 224-5081.
5.2 Carplaints on service wi 11 be taken and collected by
City. City will notify Contractor of all complaints it receives.
Contractor is responsible for all corrective actions. A record of all
such complaints will be catalogued by City.' All complaints shall be
answered by Contractor courteously and promptly. Contractor shall check
with City Hall before 4:30 p.m. on each pick-up day for any messages.
5.3 Whenever City, resident or a business owner notifies
Contractor of locations which have not received scheduled service,
Contractor is required to service such locations before 7:00 p.m. of the
same day when notified prior to noon. When notified after noon,
Contractor shall service such locations not later than 12:00 noon of the
following day.
5.4 Contractor's employees shall handle all containers with
reasonable care to avoid damage, and shall irrmediately clean up and
dispose of any contents thereof which may be spilled. Contractor will not
be obligated to collect unseparated materials.
6 . Paymen t
6.1 City shall compensate Contractor for the collection of
recyclable materials from dwelling units and commercial properties in
City. During this Contract, City shall pay Contractor on a monthly basis
in the sum of $212.00 per month.
7. Filing of Reports
7.1 Contractor shall submit a monthly summary of the total
tonnage of all recyclable materials collected and the primary purchaser(s)
of the recyclable materials. Mbnthly summaries shall be no later than the
15th day of the month following the month for which the report is
sul:xnitted.
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7.2 Contractor shall also fumish to City throughout the
duration of the recycling program a quarterly financial report detailing
the expenses and revenues of the Shorewood collection and Contractor's
overall operations. QIarterly financial reports shall be subnitted to
City on or before January 15, April 15"July 15 and October 15, or each
year.
8. Access to Records
8.1 Contractor shall provide access to City, Hennepin County,
or any of their duly authorized representative to review any books,
documents, papers, and records of Contractor which are directly pertinent
to this Contract for the purpose of making an audit, other examination and
preparing excerpts and transcriptions.
9. Insurance
9.1 Comprehensive general liability insurance insuring
against 1 iabi 1 i ty inposed by law for bodi ly injury or death, in the sun of
not less than $200,000.00 each individual, $600,000.00 each occurrence,
and against liability for property damage of not less than $50,000.00 for
each occurrence.
9.2 Workers' Compensation insurance and en:ployers' liability
insurance as required by law.
9.3 Automobile liability and property damage insurance,
including coverage for non-owned and hired vehicles, in limits as for
comprehensive general liability coverage above.
9.4 City shall be named as an additional insured in these
policies for coverage needed only for work as specified in this Contract,
which shall provide that the coverage may not be terminated or changed by
the insurer except upon 30 day's written notice to the City Administrator.
9.5 No policy shall contain any provisions for exclusions
from liability other than provisions for exclusion from liability forming
part of the standard basic unamended and unendorsed form of policy, except
that no exclusion will be permitted in any event if it conflicts with a
coverage expressly required in this Contract. In addition, no policy
shall contain any exclusion from bodily injury to, or sickness, disease,
or death of any coverage under the contractual liability endorsement of
the liability of Contractor under this Contract. Compliance by Contractor
with the foregoing requirements to carry insurance and furnish
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certificates shall not relieve Contractor from liability assumed under the
provisions of this Contract.
10. Perfonnance Bond
10.1 This Contract shall not be in effect until Contractor
shall have executed and delivered to the City Administrator a perfonnance
bond in the sun of $2,500.00 and executed by a corporate surety coopany
authorized to do business in the State of Minnesota to secure the faithful
perfonnance of this Contract by said Contractor conditioned that
Contractor shall well and truly perform and carry out the covenants, terms
and conditions of this Contract in strict accordance with its provisions.
This Contract shall be subject to termination by City at any time if said
bond shall be cancelled or the surety thereon relieved from liability
because of failure to pay the premium or termination of the period of the
bond without renewal thereof.
11. Indemnification
11.1 Contractor shall indemnify and hold harmless City and
its officers, agents, and employees from and against all claims, damages,
losses, or expenses, including attorneys fees, for which it may be held
liable, arising out of or resulting from the assertion against them of any
claims, debts, or obligations in consequence of the perfonnance of this
Contract by Contractor, his employees, agents, or subcontractors.
12. Terminat ion
12.1 City shall have the right to terminate this Contract in
the event of breach thereof by Contractor and a continuing breach shall
not be deemed to be waived because not followed by prompt termination.
This Contract shall terminate, and neither party nor the officers of City
shall be 1 iable for further performance after the terminat ion, if it shall
become invalid by reason of any present or future law other than an
ordinance of City.
12.2 The work shall be done with forces which are adequate to
insure the satisfactory collection and disposal of said materials at all
times and failure to perform shall not be excused by adverse weather,
breakdown, or similar hindrances which on other work might be regarded as
"acts of providence".
12.3 Upon failure of Contractor to fulfill any of the
prOVIsIons of the Contract, City shall be authorized to hire such person,
or assign City employees and equipment, as may be necessary to do such
work and the cost and expense thereof may be charged and deducted from
monies due Contractor, collected from Contractor, or collection by
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recourse from Contractor's bond.
13. Penalties
13.1 Failure by Contractor to conform with the provisions of
this Contract may result in the termination of this Contract and/or cash
claims by City of damages of up to $1,000.00. Minor infringements and
informalities of Contract provisions shall not be considered subject to
penalty. City shall inform Contractor of such failures in writing and
Contractor shall have 30 days from the date of notice to correct such
failures before penalty may be invoked.
13.2 In the event of such failures, Contractor agrees to pay,
in addition to the actual damages sustained by City as a result thereof,
the reasonable attorney's fees incurred by City in pursuing any of its
rights under the Contract.
14. Non-Discriminatory Practices
14.1 Minnesota Statutes, Section 181.59, which prohibits
discrimination on accounts of race, creed, or color in the performance of
public contracts, is made a part of this Contract with the same force and
effect as if set out herein verbatim.
15. Successors and Assigns
15.1 Contractor binds itself jointly and severally, its
successors, executors, administrators, and assigns to City in respect to
all covenants of this Contract, except that Contractor shall not assign or
transfer any part of its interest in this Contract or sublet as a whole
nor shall Contractor assign any monies due, or to became due, without
City's written consent.
16. Whole Agreement
16.1 This agreement embodies the entire agreement between the
parties including all prior understandings and agreements and may not be
modified except in writing signed by all the parties.
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Executed as of the day and year first above written.
In Presence of:
CI1Y OF .SlmE.WXD
By:
Robert Rascop, Mayor
By:
Sandra L. Kennelly, City Clerk
SUPER CYCLE, I~.
By:
Its
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