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101387 CC Reg AgP -1- (OUlaW-:::>S.ON."=l"=lV) TTeM ou~u~e"=la~ "=lUaUlaseg oeU~eJa aue~ ^^I TTeM ou~u~e"=la~ "=lJno:::> s1uua~ ~Jed Jouew :J~eda~ aOeUlea pOOTa uo sa"=lonO .:::> (UO~"=leUllOJUI ~ OUlaw-gs.oN."=l"=lV) "=lUaUlpuaUlV "=lUaUla~lOV uO~"=leladoo:::> "=lU~Or ~ga:::> .g ("=l~el"=lU&:::> paSOdOld- __ amaw-vs. oN. :r~v) TeMaua~ "=l~el"=lUO:::> TOl~ed TeUl1uv .V VaNg~V ~NgSNO:::> . S .g .V ~~Od~ NOISSIWWO:::>)DNd . t .g .V ~~Od~ NOISSIWWO;) ~NINN~d .( .g .V ~OO~a ggJ. WO~a S~g~~VW . 'l (sa"=lnu~W-VT.ON."=l"=lV) L961 '9'l laqma"=ldas - oU1~aaw T~~uno;) leTnoa~ .V sg~nNIW aO ~VAO~ddY . T auoe~ la^o"=lS uaoneH do~se~ JOAew Ta~uelg TTe:::> TT.O~ .g a~ue~oaTTV JO aQpaTd .V ~gmIO O~ ~~Y;) YONg9V .W.d O(:L OYO~ gn~;) X~~NnO;) SSLS s~:' g..') ~I;)Nno:::> L961 '(1 ~ggO~:::>O ~NI~ggw 1 ~I;)ynO;) ~y~n~~. aoOMg~gS aO ~I;) ~. ., . . AGENDA _ ~ OCTOBER 13, 1987 PAGE TWO 5. CONSENT AGENDA - CONTINUED D., Payment Voucher #5 - Shorewood Oaks Project Richard Knutson, Inc. - Project No. 87-1 (Att.No.5D-payment Voucher) E. Resolut~on Approv~ng the Request to tap ~nto the Metropol~tan Sewer Line for GWK Addition - 24625 Yellowstone Tra~l Moved Second Vote 6. VISU SEWER CLEAN AND SEAL PRESENTATION 7. SIMPLE SUBDIVISION Applicant: Kent Adams Location: 25140 Glen Road (Att.No.7-Staff Report) 8. ZONING ORDINANCE AMENDMENT - REDUCING THE SIDE YARD SETBACK FOR LAKESHORE LOTS (Att.No.8-Staff Report) 9. PRELIMINARY AND FINAL PLAT APPROVAL - HARDING ACRES 2ND ADDITION Applicant: Lake M~nnetonka Homes Location: North of Sm~thtown Road and East of Wedgewood Drive (Att.No.9-Staff Report) 10. WEDGEWOOD DRIVE - CLARIFICATION OF STREET LOCATION (Att.No.10-Staff Report) 11. PLANNERS REPORT A. Strawberry Lane Dra~nage (Att.No.11A-Staff Report) B.~~ -2- .. -r- " AGENDA . . OCTOBER 13, 1987 PAGE THREE 12. ATTORNEYS REPORT A. Discussion of Water Shut-off on Delinquent Accounts (Att.No.12-Report on Progress) B. 13. ENGINEERS REPORT A. Acceptance of Improvements - McKiniey Piace at Near Mountain 3rd Add~t~on (Att.No.13A-Engineers Recommendat~on & Request) B. 14. ADMINISTRATIVE REPORTS A. Request for Signage for Church Road on Highway 7 B. Sale of House - Status C. Status Report - Badger Well. Pump Motor Repairs D. 15. MAYORS REPORT A. B. 16. COUNCIL REPORTS A. B. 17. APPROVAL OF CLAIMS AND ADJOURNMENT -3- I ~ CITY OF SHOREWOOD . REGULAR COUNCIL MEETING MONDAY, SEPTEMBER 28, 1987 ".;.aUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. M I NUT E S CALL TO ORDER The Regular Council meeting of the Shorewood City Council was called to order at 7:30 p.m., Monday, September 28, 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 Rascop, CouncJ.lmembers Brancel, Haugen, Stover, and Gagne. Staff Attorney Froberg, Engineer Norton, Administrator Vogt, Planner Nielsen and Clerk Kennelly. . . APPROVAL OF MINUTES Gagne moved, seconded by Brancel, to approve the minutes of ~ptember 9, 1987, as amended. Motion carried - 4 ayes Haugen vstained, (absent at that meeting.) Brancel moved, seconded by Gagne, to approve the minutes@oePtember 14, 1987, as amended. Motion carr~ed 4 ayes. (Rasc stained) Absent at most of that meeting. . . PLANNING AND PARK COMMISSION REPORTS There were no Planning or Park CommJ.ssion meetings held since the last Council Meeting. CONSENT AGENDA YIELD SIGN - EDGEWOOD ROAD/GRANT LORENZ ROAD ~SOLUTION NO.121-87 A request was received from a resident to install a yield sign; this request is supported by Staff and Chief Young. Gagne moved, seconded by Haugen, to approve the yield sign request. Motion carried by Roll Call Vote - 5 ayes. WESTWOOD 4TH ADDITION/FINAL PLAT RESOLUTI~N NO.122-87 Attorney Froberg corrected the Development Agreement to reflect a 5 lot division and not 10 lots as entered into the agreement. Haugen moved, seconded by final plat subject to the carried by Roli Call Vote - 5 Gagne, to Planner' s ayes. -1- approve Westwood 4th Addition four recommendations. Motion III MINUTES v. MONDAY, SEPTEMBER , 1987 PAGE TWO . WETLAND.ALTERATION PERMIT DISCUSSION - 20345 & 20347 EXCELSIOR BOULEVARD Planner Nielsen would like to delay action on Mr. Pastucks request in order to relate t,he DNRrequirements to the building of a wild life pond. Rascop sugg~sted referr~ng it to the FWBI and watershed information in order to evaluate the request. Stover moved, seconded by Gagne, to table this request until the next Council meeting. MATTERS FROM THE FLOOR Reauest to Use City Hall Parking Lot Mary Dahl over flow giving on carraige to of 5845 Country Club Road asked perm1ssion to park the cars in the City Hall parking lot for a party she is Halloween. She also asked 1f she could have a horse and transport her guests from the parking lot to her home. Council agreed to her request and Ch1ef Young saw no traffic problem with the horse and carraige rides on a public street. PUBLIC HEARING - 7:45 P.M. CERTIFICATION OF ASSESSMENTS - SHOREWOOD OAKS AND THREE ADDITIONAL PARCELS RESOLUTION NO.123-87 Administrator Vogt stated that the total figure to be assessed to Shorewood Oaks will be $1,400,833.61 with three outside parcels to be assessed $4,000.00 each for municipal water only. The Shorewood Oaks figure will be adjusted when the final figures have been determined. The interest rate has been set at 8.75% for a 15 year spread, as recommended by the financial advisor. Mayor Rascop opened the public hear1ng at 7:45 p.m. Dave Johnson stated that he understood the interest rate to be 8.65% at the time of issuing the bonds. Vogt stated that 8.75% was correct. Mayor Rascop then closed the public portion of the hearing after calling for and receiving no additional comments at 7:49 p.m. Haugen moved, seconded by Gagne, to certify' the assessment rolls to the parcels listed in the legal notice. Motion carr1ed by Roll Call Vote - 5 ayes. AMENDMENT TO THE SHOREWOOD OAKS DEVELOPMENT AGREEMENT RESOLUTION NO.124-87 An amendment to the Shorewood Oaks development agreement was requested by Lundgren Bros. Construction. They are planning to purchase lots from Shorewood Oaks and would like to have the agreement changed to exempt the lots Lundgren Bros. will purchase from being denied building if any of the Shorewood Oaks owned lots became tax delinquent. Attorney Froberg felt th1s amendment would not adversly affect the city in any way. Gagne .moved, seconded by Brancel, to approve the ,amendment and authorize the Mayor and City Clerk to execute the ag~eement. Motion carried by RollCall Vote - 5 ayes. -2- MINUTES MONDAY, SEPTEMBER 28, 1987 PAGE THREE . . COUNCIL BREAK 7:58 P.M. - 8:00 P.M. PUBLIC HEARING - 8:00 P.M. '2mOPTIONOF THE 1988 GENERAL FUND BUDGET ii" ,~~~~t.UTl~~.; ~~ .12.~:-8 7 Mayor Rascop opened the public hear~ng to adopt the 1988 General Fund budget at 8:00 p.m. Administrator Vogt reviewed the changes directed at the budget review session. The total budget represents a 8.5% increase over last years total budget but the mill rate should remain the same due to the increase in valuation. Staff recommends adoption of this budget. Gagne questioned Ch~ef Young on areas of h~s budget. He asked about six months of increased bu~lding rent for next year. Young stated that he had to budget for the increase Just in case the new building would be available. Gagne also asked Pub~ic Works Director Zdrazil if there was suff~cient funds allocated for street repairs and sealcoating. Zdrazil felt there was and at the current rate the City could complete the streets over a f~ve year per~od of time. Mayor Rascop called for public comment and receiving none, closed the public portion of the hear~ng at 8:10 p.m. Gagne moved, seconded by Haugen, to adopt the 1988 General Budget in the amount of $1,293,689.00. Motion carr~ed - 5 ayes by Roll Call Vote. ATTORNEYS REPORT "Going Out of Business. Ordinance ORDINANCE NO.201-87 Attorney Froberg reviewed the Ordinance for the Council and made corrections and clarifications where it was needed. Haugen suggested changing Section 307.12 to "Licensee to Refra~n from business for Six months" to "One year". Gagne moved, seconded by Stover, to amend the Ordinance to list One year under Sec.307.12. Motion carried - 5 ayes. Haugen moved, seconded amended accepting the adoption. Ordinance (Rascop) . PUBLIC HEARING - 8:15 P.M. ALLOCATION OF FEDERAL REVENUE SHARING FUNDS by Brancel, to adopt this Ordinance as first reading and waiving the second for adopted by Roll Call Vote - 4 ayes - 1 nay RESOLUTION NO.126-87 Mayor Rascop suggestions of the City will allocated for funds will be comment, Mayor 8:32 p.m. opened the public hear~ng at 8:30 p.m. to hear uses for the $8,656.00 Federal Revenue Sharing Funds receive. Staff has recommended that the funds be equipment purchases. This will be the last year these available. After asking for and receiving no public Rascop closed the public portion of the hearing at -3- MINUTES MONDAY, SEPTEMBER 28, 1987 PAGE FOUR . . PUBLIC HEARING - 8: 15 P.M. - CONT.. ALLOCATION OF FEDERAL REVENUE SHARING FUNDS RESOLUTION NO.126-87 Stover Revenue Staff. moved, secopded by Haugen, to aliocated the $8,656.00 Federal Sharing Funds for equipment purchases as recommended by Motion carrled by Roli Call Vote - 5 ayes. PUBLIC HEARING - 8:30 P.M. DELINQUENT SEWER UTILITIES DELINQUENT WATER UTILITIES PRIVATE PROPERTY CLEAN-UP RESOLUTION NO.127-87 RESOLUTION NO.128-87 RESOLUTION NO.129-87 Mayor Rascop opened the public hearlng on assessment of delinquent utilities and private property clean-up at 8:33 p.m. Vogt indicated that there were two properties cleaned up at costs of $443.16 and $181.37; both to the same property owner. Clerk Kennelly submitted the list of delinquent sewer and water accounts, legal publication and notices have been sent. Gagne asked if fines could be added to the clean-up costs. He also would like to see water shut off when no payment has been made for a specific period of time. Attorney Froberg will return with various alternatives. Rascop closed the pUblic hearing at 8:42 p.m. after receiving no furthel comments. Stover moved, seconded by Haugen, to accept the delinquent sewer, water and clean-up charges as listed and certify these lists to the County by Resolutions (3). Motion carrled - 5 ayes. BRENTRIDGE DEVELOPMENT Discussion of request to reduce sewer equalization assessment. Dave Johnson asked the Council for reconsideration of the sewer equalization charges due to hlS added expense in getting the existing sewer line lowered to service the Brentridge plat. He would like to be reimbursed for the cost in cash and then he will pay his sewer assessment with the cash. Engineer Norton stated that when the sewer lines were installed there was no guarantee that all properties would be serviced with gravity flow, some properties would need a lift station or change a line. Mr. Johnson feels he is paying approximately $67,000 for service lines and he doesn't feel the equalization charge is fair. Kennelly described the formula for the equalization charge and referred to the City Ordinance setting these charges. Haugen asked if other developers had ever received reductions of these charges. Norton and Kennelly stated that no reductions for sewer had been given. Rascop stated that water line oversizing for future development has been paid back to developers. . -4- MINUTES . MONDAY, SEPTEMBER 28, PAGE FIVE . 1987 BRENTRIDGE DEVELOPMENT - CONT. Rascop moved to reta~n the sewer equalization fees as stated and to cr~dit the water line oversizing in the a~ount of $20,192.50. Haugen questioned if $5,800.00 wasn't the propelf~gure'for the oversizing. Engineer Norton felt the oversizing should be only the difference in cost from the 6" line to the 12" line. Rascop withdrew his motion and directed the staff to work with Mr. Johnson to establish the difference in oversizing costs and return to the Council. ATTORNEYS REPORT - CONTINUED Order to Remove - Status Report The Judge will hear the order to remove for 5620 County Road 19 on October 8th, if no action has been taken by October 18th the City can go in and remove the dwelling. Jim Miles has stated that he has purchased the property and has been unable to obtain a signature from a lein holder. Mr. Miles is in agreement with the burning of the building and will accept the removal costs. The action on 4205 Enchanted Lane has been dismissed because the dwelling has been removed. ENGINEERS REPORT Eureka Road Drainage Proiect Engineer Norton stated that he sent out five bids for the Eureka Road drainage project. He only received one bid in the amount of $15,425.00 from Volk Trucking, h~s estimate was $8,200.00 two years ago. Norton doesn't recommend awarding this bid due to receiving only one bid. He has spoken to Don Zdrazil and they feel the Public Works Department can do the work for approximately $9,500.00. Haugen moved, Department to ayes. seconded by Gagne, do the proJect as to direct the Public Works discussed. Motion carried - 5 ADMINISTRATIVE REPORTS Discussion of Petition to Correct Drainage A petition has been received from residents of Greenwood along a channel off of St. Albans Bay. Excelsior has also received this petition and has directed their Public Works Director to meet with these residents. Vogt will also attend that meeting. Rascop moved to direct the Engineer to define the problem and Vogt to attend the meeting and state that the Council feels no liability in their dra~nage problem, seconded by Gagne. Motion carried. . -5- . . MINUTES . MONDAY, SEPTEMBER , 1987 PAGE SIX . ADMINISTRATIVE REPORTS - CONTINUED Sale of House Status Vogt spoke to a real estate salesman as recommended by Don Streeter. He suggested the asking price be $115,000,.00 with selling costs of $8,000.00 - $12,000.00. Vogt suggested reducing the price and readvertising or listing w~th a real-estate firm. Gagne moved, seconded by Stover, to direct staff to determine the best offer and return for Mayor's signature on the listing. Motion carried. Traffic Count No response on methods to pay for the Beverly Drive/Cajed Lane cul-de-sac has been received. The estimated cost of the traffic count has been estimated at $1,800.00 to $2,000.00. The Christmas Lake Road dead end has not been completed. A title committment has not yet been obta~ned. MAYORS REPORT Designate October as Regional Arts Month RESOLUTION NO.130-87 Rascop moved, seconded by Haugen, to pass a resolution as requested by Met Council, to designate October as Regional Arts Month. Motion carried by Roll Call Vote - 5 ayes. Rascop Appointment as the 1988 Chairman to the LMCD Frank Mixa will retire January 1, 1988 from the LMCD. He will later be h~red as a consultant beginning in March. They are presently advertising for a new Executive Director for the LMCD at a salary from $25,000 to $35,000. COUNCIL REPORTS League of MN Cities Meeting Haugen will attend the Revenue Comm~ttee meeting on September 30, 1987 and Vogt will attend the Transportation Committee Meeting. The Transportation Comm~ttee will discuss an access charge, a ban on trucks on interstate during peak hours, and metro politan transit comm~ssions. -6- , ' MINUTES . . MONDAY, SEPTEMBE 8, 1987 PAGE SEVEN . COUNCIL REPORTS - CONTINUED Peterson/Amesbury Dispute Council reviewed the dispute between Peterson and Amesbury regardihg the maintenance of the road right""of-way along Bayswater Road. Council supports submltting a letter to the parties concerned suggests they work out the problem prior to the City determining the solution for each of the parties. Council questioned when the crash gate will be installed as previously proposed. Shopping Center Signage The Shorewood Shopping Center is being re-signed. The Liquor sign has just been replaced and the extra Champlon sign will be removed. City Hall Addition Gagne disagrees with walting for bids on the City Hall action on the Conditional start this fall. until January or February to go out Addition. He would like to see the Use Permlt moved up and construction Stover moved, seconded by Brancel, to move the schedule to October 20th for the conditional use permit and October 26th for Council action, October 29th go out for bids and receive bids on November 23, 1987. Motion carried - 5 ayes. Towne Addition Brancel questioned the piling of Nielsen stated that a detailed submitted and all other dirt pre-construction meeting will be sewer lines. dirt on the Towne property. grading plan will be followed as will have to be removed. A held prior to installation of any APPROVAL OF CLAIMS AND ADJOURNMENT Haugen moved, seconded by Stover, to adjourn the Regular Council Meeting of September 28, 1987 at 10:12 p.m. subject to approval of claims for payment. Motion carrled - 5 ayes. General and Liquor Funds - Acct. No. 00-00166-02 Checks '051484-051548 General $52,275.41 Liquor $19,040.19 Payroll Check List: Checks '201548-201574 Total ')0' $ 8,543.71 $60,819.12 $ 2,763.~7 $21,804.16 RESPECTFULLY SUBMITTED, Sandra L. Kennelly City Clerk SLK/slq Robert Rascop, Mayor -7- CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY. 6 OCTOBER 1987 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. MINUTES CALL TO ORDER Chair Watten called the meeting to order at 7:35 P.M. ROLL CALL Present: Chair Watten; Commissioners Schultz. Spellman. Robertson. Benson. Council Liaison Stover; Planner Nielsen; Planning Assist. Helgesen. Absent: Commissioners Mason and Leslie (both excused). APPROVAL OF MINUTES Robertson moved. seconded by Benson to approve the minutes of 1 September 1987 as written. Motion carried unanimously. 7:30 P.M. PUBLIC HEARING - PRELIMINARY PLAT - HARDING ACRES 2ND ADDITION Lake Minnetonka Homes - No. of Smithtown Rd. & E. of Wedgewood Dr. Planner Nielsen reviewed the history of this development. stating that the plat has received approval twice before. Mr. Richard Conry of Lake Minnetonka Homes is requesting approval of the Harding Acres 2nd Addition plat and has made no revisions to it. The plat contains 12 lots and is located in the R-1C. single-family residential district. Public portion of the public hearing opened at 7:40 P.M. Lindy Aagaard. Wedgewood Drive. asked what kind of homes are proposed. Mr. Conry said that although he will not be one of the builders. the homes will be of comparable value to that which currently exists. Public portion of the public hearing closed at 7:41 P.M. Benson moved. seconded by Spellman to recommend approval of the preliminary plat subject to the Planner's recommendations: 1. Approval of the plans and specifications for street and utility improvements by the City Engineer. 2. The applicant must submit an up-to-date title opinion for review by the City Attorney. 3. Park dedication fees ($500 per lot) must be paid prior to release of the plat. 4. The applicant's engineer must submit an estimate of the cost of constructing required improvements. 5. Subject to the City Engineer's approval of the estimate. a letter of credit for 150 percent of the estimate must be provided by the applicant to ensure construction of the improvements. Minutes Planning Commission Meeting 6 October 1987 6. It is recommended that the staff be directed to prepare a standard subdivision development agreement covering the above-mentioned items and including provisions for scheduling and inspection of improvements. reimbursement of City expenses. building permits. etc. 7. The applicant's engineer should prepare a detailed grading plan showing proposed elevations of building pads. Once this has been reviewed by the City Engineer. grading work may be commenced. Motion carried unanimously by roll call vote - 5 ayes. This item will appear on the Council agenda of 13 October 1987. 7:45 P.M. PUBLIC HEARING - ZONING ORDINANCE AMENDMENT - REDUCING THE SIDE YARD SETBACK FOR LAKE SHORE LOTS Planner Nielsen reviewed his report for the Commission. At its 10 August 1987 meeting. the City Council voted to direct the Planning Commission to hold a public hearing on an amendment to reduce the side yard setback for lakeshore lots to 10 feet. This decision came after voting to approve a variance which contradicted the current side yard setback for lakeshore lots. Planner Nielsen said that a study of lakeshore lot development showed a total of approximately 372 lots. of which approximately 40 lots are undeveloped. This figure accounts for potential subdivision. The result is that 89% of the lakeshore lots are developed. Public portion of the public hearing opened at 7:50 P.M. David Garber. 26980 Edgewood Road. submitted a written statement. He said that he is opposed to the proposed amendment. He suggests applying the proposed 10 foot setback only to developed lots. Kelsey Page. attorney for Henney. Lovrien. Of stead. et al. joint owners of a lot adjacent to Mr. Garbers. Mr. Page noted that Mr. Garber purchased his lakeshore home at a time when the setback was 10 feet. and he was aware that there was a vacant lot next to him at that time. .., Public portion of the public hearing closed at 7:58 P.M. Spellman said this sounded like a political issue to him. Schultz questioned why lakeshore owners should be treated different than non-lakeshore owners. Watten said he felt the character of the lakeshoreshould be preserved. Benson moved to table any decision so that there may be more Commissioners present. Motion failed for lack of a second. Schultz requested that the City Attorney present a legal interpretation of what constitutes hardship for the benefit of the Planning Commission. - 2 - Minutes Planning Commission Meeting 6 October 1987 Spellman moved. seconded by Robertson to recommend that the current side yard setback for lakeshore lots be maintained at a 30 foot total with no lAss than 10 feet on either side. Motion carried by roll call vote - 4 ayes - 1 nay (Schultz). SIMPLE SUBDIVISION Kent Adams - 25140 Glen Road Mr. Adams would like to divide his property into two lots. The site contains approximately 1.24 acres of area and is zoned R-1C. single-family residential. The proposed lots comply with the lot area and dimension requirements of the R-1C district. An existing shed near the lot line will be removed probably next summer. Spellman moved. seconded by Schultz to recommend approval of the subdivision subject to the Planner's recommendations: 1. The applicant must submit an up-to-date (within 30 days) title opinion for the property. 2. The applicant must provide drainage and utility easements. 10 feet on each side of each side and rear lot line. 3. The applicant should provide five feet of r.o.w. as recommended. 4. Prior to release of the Council resolution approving the division. the applicant must pay the $500 park dedication fee for the west lot. Credit is given for the existing house on the east lot. 5. The shed should be moved or removed prior to release of the resolution. If the applicant chooses to wait to remove the building. a $1000 escrow deposit or letter of credit should be required to ensure that it will be removed. 6. The above-mentioned items must be completed within 30 days of the Council's approval of the division. The division must be recorded with the County within 30 days of the applicant's receipt of the Council resolution. Motion carried unanimously. MATTERS FROM THE FLOOR None. REPORTS Council Liaison Stover reported that Galpin Lakes Woods was approved. and that the Council has adopted a new Ordinance to regulate "going out of business" sales. ADJOURNMENT Benson moved. seconded by Robertson to adjourn the meeting at 8:48 P.M. Motion carried unanimously. Respectfully submitted. Patti Helgesen Planning Assistant - 3 - . . MAYOR Robert Rascop COUNCil Jan Haugen Kristi Stover Robert Gagne Barb Brancel ADMINISTRATOR Daniel J. Vogt CITY OF . SHOREWO00 5755 COUNTRY CLUB ROAD . SHOREWOOD. MINNESOTA 55331. (612) 474-3236 MEMO TO: Mayor and Counci1members FROM: Dan vogt]{jl DATE: October 7, 1987 SUBJECT: Request for Contract Renewal - Midwest Animal Services, Inc. Attached you will find a letter and proposed 1988 contract for Animal Control Services, Inc. The language in the contract is the same as the current contract. The rates have gone up an average of 1.7%. The reason for the increase is indicated in the letter. Midwest has done a good job for the City as our Animal Control Service. Therefore, renewal of the contract is recommended. This action would be in the form of a Council Resolution. This item appears on the Consent Agenda of your October 13 meeting for your consideration. Let me know if you have any questions prior to the meeting. DJV/s1q cc: Rich Stenberg Glenn Froberg Attachment A Residential Community on Lake Minnetonka's South MIDWESf . ANIMAL SERVICES, INC. 810 N. ULAC DR. SUITE 204 GOLDEN VALLEY. MN 55422 (612) 521.5026 Dan Voght City of Shorewood 5755 Country Club Rd. Shorewood, MN 55331 September 19, 1987 Dear Dan, The current animal control contract between Midwest Animal Services and your city will expire on December 31, 1987. Therefore, I am enclosing a proposed new contract to provide animal control services through December 31, 1988. Provisions of the new contract are substantially the same as those of the present contract, however there are a few changes. Patrol, and special charges have increased somewhat to reflect our increased costs, principally in liability insurance. Midwest Animal Services has enjoyed an excellent relationship with your community. This relationship is certainly a factor in our ability to provide you with a successful animal control program. I look forward to working with you in the future and invite any questions or comments you may have on the proposed contract. Services . =========---=====---=== . ANIMAL CONTROL CONTRACT =========---====--====== This agreement made this day of by and betweeen Midwest Animal Services, a Minnesota Corporation, hereinafter referred to as "MIDWEST"; and the City of Shorewood, a Municipal Corporation located in the County of Hennepin, and the State of Minnesota, hereinafter referred to as "CITY", witnesseth: In consideration of the covenants and agreements hereinafter set forth, it is mutually agreed by and between the parties hereto as follows: 1. This agreement shall be effective as of January 1st, 1988 and shall continue in effect until December 31st, 1988 unless cancelled pursuant to Paragraph 15. 2. MIDWEST agrees to patrol the public streets of the CITY in a vehicle especially designed for the transportation of small animals, in accordance with a schedule agreed upon by both parties. The vehicle shall have proper identification displayed on two sides including the words "Midwest Animal Services". MIDWEST further agrees to insure, service and maintain said equipment. 3. MIDWEST agrees that patrolling shall be done by competent personnel trained in the handling of animals, and that such employees shall be approved by the CITY. Said employees shall perform their duties only while in proper uniform and shall wear identification to indicate employee's name, title, and place of employment. 4. The CITY shall authorize MIDWEST to apprehend and retain dogs, cats and other animals, and/or issue citation tags for violations of the CITY Ordinances. However, MIDWEST will not invade private property contrary to the wishes of the owner of said property nor forcibly take an animal from any person without the approval and assistance of a peace officer of the CITY. 5. In addition to the regular hours of patrolling referred to, MIDWEST agrees to maintain one (1) vehicle for standby service to attend to cases outside regular patrol hours at the specific request of the CITY's Police Department. MIDWEST shall respond immediately to any call involving a bite case or injured animal reported through the Police Department or City official. 6. MIDWEST represents and agrees that all animals impounded shall be kept at the Chanhassen Veterinary Hospital, 440 West 79th Street, Chanhassen, Minnesota 55317. MIDWEST agrees and warrants that all animals impounded shall be kept in a comfortable and humane manner for a period required by the CITY Ordinance. MIDWEST agrees that the facilities shall be open and available to reclaim animals from Ba.m. to 5:30p.m. Monday thruFriday and 8am to 12pm on Saturdays. It is mutually agreed that MIDWEST may temporarily board at an emergency facility if access and10r treatment is not immediately available at the contract facility. If an animal is picked up with an official ID tag, Midwest will make every reasonable effort possible to contact the owner. . . Animal Control Contract, Page 2 of 3 7. At the time that an animal impounded under this contract is reclaimed, MIDWEST or. its agent shall collect the impounding fee and bo.arding charges as provided by CITY Ordinance. MIDWEST shall furnish monthly reports to the CITY as required as to the service or services rendered in connection with each animal impounded. All impounding fees, license fees and/or any other penalty fees collected by MIDWEST or its agent shall be remitted to the CITY. 8. When an animal is impounded and boarded by order of the CITY Health Officer or placed under quarantine by ruling of the State Board of Health, said animal shall be boarded as required by said order or ruling. At the end of such period, the CITY releases all of its interests, rights and control over said animals which may then be disposed of at the discretion of MIDWEST. In the event that any dogs, cats, or other impounded animals are unclaimed after five (5) regular business days from the. date on which they were taken into custody, said animals may be offered for sale to private individuals or disposed of by euthanasia, or in accordance with M.S. Section 35.71, Subd. 3. All proceeds from the disposition of such animals may be retained by MIDWEST, including any proceeds received from any animals disposed of in accordance with M.S. Section 35.71, Subd. 3. 9. The CITY shall furnish to MIDWEST any special forms or receipts specified in the Ordinance and MIDWEST shall keep records of all animals impounded together with a description of the same. 10. MIDWEST shall assume liability for all harm to animals due to its negligence or that of its employees in not properly caring for the same, and agrees to defend any lawsuits arising therefrom. MIDWEST shall defend, indemnify and hold the CITY harmless including its officers, employees, or agents from any and all claims, suits, losses, damages, or expenses on account of bodily injuries, sickness, disease, death and property damage including injury to animals as the result of, or alleged to be the result of MIDWEST's animal control operation. Upon request, MIDWEST shall provide the CITY proof of public liability insurance, including comprehensive automobile liability, in an amount of at least $200,000 per each claimant and $500,000 per occurrence. 11. The CITY agrees to pay MIDWEST for services in the performance of this contract as follows: A) Price per hour - per vehicle for scheduled patrol based on actual time in service for the CITY..................$19.55 B) Price per call - per vehicle for unscheduled service during regular working hours of 7 a.m. to 5 p.m. weekdays.....$22.80 C) Price per call - per vehicle for service during other than scheduled or regular working hours...:.................... $34.20 . D) Price per animal - for each DAY or fraction thereof for boarding any species of animals impounded by direction of CITY officials or local ordinance...........................$7.50 . . .. Animal Control Contract, Page 3 of 3 E) Price per animal - for euthanasia and disposal of animals........$15.00 F) It is agreed that if the designated boarding facility or euthanasia/ disposal service becomes unavailable, CITY shall pay MIDWEST its at cost fees for boarding and/or euthanasia/disposal at a mutually agreed upon facility. 12. CITY shall pay a fixed veterinary bill in the amount of $20.00 per animal for unclaimed animals requiring veterinary attention. Owners claiming their animals shall be charged the veterinary bill in its entirety. 13. All payments shall be made by the CITY upon receipt of monthly statements by MIDWEST. 14. MIDWEST agrees that during the period of this contract it will not, within the State of Minnesota, discriminate against any employee or applicant for employment because of race, color, creed, sex, national origin, or ancestry and will include a similar provision in all subcontracts entered into for the performance hereof. This paragraph is inserted in the contract to comply with the provisions of Minnesota Statutes 181.59. 15. Either party hereto may cancel this contract after thirty (30) days written notice thereof to the other party. IN TIlE PRESENCE OF: ~~ IN THE PRESENCE OF: City of Shorewood BY II MEMO TO: FROM: DATE: SUBJECT: . . MAYOR Robert Rascop COUNCI L Jan Haugen Kristi Stover Robert Gagne Barb Brancel ADMINISTRATOR Daniel J. Vogt CITY OF SHOREWOOD ,~-~;: 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 . (612) 474.3236 Mayor and Counci1members Dan Vogt 1f/f October 7, 1987 Amendment to CDBG Joint Cooperation Agreement Hennepin County has informed the City of the need to amend the current CDBG Joint Cooperation Agreement. Attached you will find the informa- tion which was sent by Hennepin County explaining the amendment. A sample resolution has also been included. The amendment to the Agreement is required in order to continue in the CDBG program. Approval of the amendment and adoption of the attached resolution is recommended. This item appears on the Consent Agenda of your October 13 meeting for your consideration. DJV/s1q Please call me if you have any questions prior to Monday night. cc: Larry B1ackstad A Residentia/. Community on LskeMinnetonka', South. Shore . . . SEP 28., . HENNEPIN DATE: TO: FROM: SUBJECT: September 29, 1987 Urban Hennepin County Participating Units ~. Hennepin co~nty Office of Planning and Developmen~ ~ AMENDMENT TO CDBG JOINT COOPERATION AGREEMENT The accompanying Amendment No. 1 to the Joint Cooperation Agreement your community executed with Hennepin County to qualify the Urban Hennepjn County CDBG program for Fiscal Years 1988, 1989 and 1990 is presented for ratifi- cation. A sample resolution authorizing the execution of the Amendment is provided to help expedite the process. The Amendment became necessary because of additional requirements issued by HUD in Notice 87-10 (provided previously under separate cover) and just recently communicated to Aennepin County. The sections of the Agreement which are amended and the requirement that each is intended to satisfy are as follows: 1. Section I., DEFINITIONS and Section IX., METROPOLITAN CITIES, to satisfy the deferral of entitlement status of Metropolitan Cities so they may be part of an urban county (Section II., B.) and/or request of a Metropolitan City to be included in an urban county (Section IV., A.). 2. Section III. AGREEMENT, A. to satisfy assurance that the Agreement will be effective for however long it takes to expend granted funds (Section IlL, D., 3.). 3. Section III. AGREEMENT, D. to satisfy that all participants are bound by the required certification of compliance (Section III., D., 7.). 4. Section VII. FINANCIAL, E. to satisfy requirements relative to program income (Section III., D., 1., and 8.). 5. Section VIII. REAL PROPERTY ACQUISITION OR IMPROVEMENT, to satisfy the requirement of setting forth standards,applicable to such activities (Section III., D., 9.). Please have your community act on the amendment at the ear1iest possible date and return all three copies properly executed, along with a copy of the passed resolution authorizing such action by October 16, 1987 to: Hennepin County Office of Planning and Development Development Planning Unit 822 South Third Street, Suite 310 Minneapolis, MN 55415 "". . ~ . . Urban Hennepin County Participating Units September 29, 1987 Page Two This will permit execution of the amendment by the County and transmittal to HUD by the November 9, 1987 deadline established for the first time in the Notice. Please be reminded that the same stipulation attendant with the original agreement pertains to the amendment, i.e., execution will continue partici- pation in the Urban Hennepin County CDBG program for Fiscal Years 1988, 1989 and 1990 and opting not to execute will exclude participation for the same period. Under the Notice, HUD and the County must be informed of a decision to be excluded by October IS, 1987. Thank you for your cooperation in addressing this pressing situation. Your planning representative is available for assistance and guidance. tf Enclosures . . AMENDMENT NO: 1 TO CONTRACT NO: 70q.QIp THIS AGREEMENT made and entered into by and between the COUNTY OF HENNEPINc$tate of ~nesota. hereinafter referred to ~~ "~OUNTY," and the CITY OF ~ho~1/J.M , hereinafter referred to as "COOPERATING UNIT." Sai par les 0 this Agreement each being governmental units of the State of Minnesota, and is made pursuant to Minnesota Statutes, Section 471. 59; . . 1~ COUNTY will retain ten percent (10%) of all program income paid to COUNTY to defray administration expenses. 2. The remaining ninety percent (90%) of the program income paid to COUNTY shall be credited to the grant authority of COOPER- ATING UNIT whose activity generated the program income and shall be used for fundable and eligible COBG activities con- sistent with this Agreement. 3. COOPERATING UNIT is authorized to retain program income derived from activities with an approved revolving account provided such income is used only for eligible activities in accordance with all COBG requirements as they may apply. 4. COOPERATING UNIT shall maintain appropriate records and make reports to COUNTY as may be needed to enable COUNTY to monitor and report to HUO on the use of any program income. 5. Any program income that is on hand or received subsequent to the closeout or change in status of COOPERATING UNIT shall be paid to COUNTY. Section VIII. REAL PROPERTY ACQUISITION OR IMPROVEMENT, shall be added to the original contract and shall read: SECTION VIII. REAL PROPERTY ACQUISITION OR IMPROVEMENT The following provisions shall apply to real property acquired or improved in whole or in part using COBG funds. A. COOPERATING UNIT shall promptly notify COUNTY of any modification or change in the use of real property from that planned at the time of acquisition or improvement including disposition. B. COOPERATING UNIT shall reimburse COUNTY in an amount equal to the current fair market value (less any portion thereof attributable to expenditures of non-COBG funds) of property acquired or improved with COBG funds that is sold or transferred for a use which does not qualify under the COBG regulations. C. Program income generated from. the disposition or transfer of property prior to or subsequent to the closeout, change of status or tennination of this Agreement shall be treated as stipulated in Section VII, paragraph E of this Agreement. Section IX. METROPOLITAN CITIES, shall be added to the original contract and shall read: .. . . . SECTION IX~ METROPOLITAN CITIES A~ Any metropolitan city executing this agreement shall defer their entitlement status and become part of Urban Hennepin County only under condition that a statutory provtsi,on authorizing deferral of metropol itan city status becomes. enacted prior to the official allocation of the FY 1988 CDBG funds. B. Should the statutory provision authorizing deferral of metropolitan city status not be enacted it will be necessary for Hennepin County and any metropolitan city executing this agreement to request HUD to approve the inclusion of the metropolitan city asa part of Urban Hennepin County for purposes of planning and implementing a joint community development and housing assistance program. In such a case this agreement shall be fully effective. This agreement shall be effective for the same period as the original agreement. Except as hereinabove amended, the terms, condition and provision of said Contract No. 7{)I.J'I', dated September 15, 1987, shall remain in full force and effect. COOPERATING UNIT, having signed this agreement, and the Hennepin County Board of Commissioners having dul~ approved this agreement on , 1987, and pursuant to such approval and the proper County official having signed this agreement, the parties hereto agree to be bound by the provisions herein set forth. COUNTY OF HENNEPIN, STATE OF MINNESOTA By: Chairman of its County Board And: Deputy/Assoclate County Admlnlstrator APPROVED AS TO EXECUTION: ATTEST: Deputy County Auditor Assistant County Attorney Date: CITY OF By: . Its And: Its The City is Organized pursuant to: Plan A Plan B ___Charter " . . RESOLUTION NO. WHEREAS, the city of Shorewood, Minnesota and the County of Hennepin have executed a Joint Cooperation Agreement, County Contract No. 70496, for the purposes of qualifying as an Urban County under the United States Department of Housing and Urban Development Community Development Block Grant program for Fiscal Years 1988, 19~9 and 1990. BE IT RESOLVED, that Amendment No. 1 to the Joint Cooperation Agreement, County Contract No. 70496 be approved, and that the Mayor and the City Clerk be authorized to sign Amendment No. 1 on behalf of the City. Adopted by the City Council of the City of Shorewood this day of , 1987. ATTEST: Robert Rascop Mayor Sandra L. Kennelly City Clerk .. . . . . 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 MEMO TO: Mayor and Councilmembers FROM, Dan Vogt 4 DATE: October 7, 1987 SUBJECT: Quotes to Repair Flood Damage As you are aware, a great deal of damage occurred as a result of the heavy rains in late July. The City crews have repaired damage to roadways and drainage ways. However, two retaining walls sustained damage that need to be repaired by an outside firm. Manor Park Tennis Court A wall of this tennis court collapsed. Two quotes were received (copies attached). It is recommended that the low quote of $8,140.00 be accepted from Lan-De-Con, Inc. to replace the retaining wall. This damage is being paid for in part with Disaste,r Relief Funds ($3,600.00). Ivy Lane Drainage Easement Erosion took place behind a retaining wall installed by the City as part of the Ivy Lane storm sewer project built a few years ago. It is recommended that the low quote of $571.50 be accepted from Gardeneer, Inc. to make repairs to this retaining wall. A portion of the cost is being paid for with Diaster Relief Funds ($240.00). The resident near the wall is also contributing to the cost. Apparently landscaping companies are extermely busy since it was difficult to obtain even two quotes. However, the two firms are very capable of doing the work. This item appears on the consent agenda of your meeting of October 13 for your consideration. Please contact me if you have any questions relative to this matter. DJV/slq " cc: Sue Niccum Don Zdrazil Ev.Beck Jim Norton Attachments A Residential Community onLlJIceMinnetonlcs's South Shore LAN -DE -CoNINe. P. O. BOX 308 . EXCELSIOR, MINNESOTA 55331 TELEPHONE: 474-2260 JOB NAME: ?t'f( of ~~ DATE: ~-'2..e,-f7'1 NWJdK PMK- - m-Pt{~ WAU,. ~~keNf QTY. ITEM SIZE TYPE TOTAL t1JO 1W . (t1() *ZO .~ SUB TOTAL TAX TOTAL ~ O.~ .60 LAN-DE-CON INC. agrees to: Fumish nursery stock of the top quality true to name. To/resupply once at no charge all trees, shrubs and evergreens which fail to grow tl1rOUgh the first year (365 days) from date of billing. No warrantY claims will be honored if account is not paid within thirty days Any losses due to acts. of God or damage after planting are not covered by warranty. I DESIGN ICONSTRUCTtON Name $horewood CitY.ice Landscape Planning, Design, Construction & Maintenance Address 5755 Country Club Road $horewood, MIl 55331 Attn: Dan. Vogt Home Phone .I Gadeneer,._ 80 W. 78th St., Suite 185 Chanhassen, MN 55317 934-2244 Date ~pptPJTIhPr 1, 1 QS7 Work Phone 474-3236 Gardeneer Inc. will provide the following materials and labor. $horewood City Tennis Courts Remove and stockpile soil from fallen wall. Remove and haul away existing railroad timbers. Install 95 CCA Cedartone 5" x 6" x 8' timbers (includes buried course and tiebacks). Install 60 s.y. sod $2,025.00 4,644.00 150.00 Replace fallen fence with new 9 ga. chain link fence, complete with top rail and posts. Hauling/disposal Total 2,452.80 $9,271.80 * Total Price $ Q>> 171 ~O Down Payment $ Customer SlgnatureBalance due on completion $ A SeMce Charge of 11},% per month (18% Annua' Percen!age Rate) will be charged + 600/ln' msaalteeSrlataxlSNO'l' INCUJD''C'1'\ on put due accounts over 30 dayi. . !JIJ . GUARANTEE: VVa will resupply once, all trees,1hrubs, and ewKgreen& which fall to grow through the fIr8t 12 months, provided the pI.,ts have I'8C8ived proper .. and watering and that~of the account was made when due. We-assume no MSpOnslbillty for dMlage Caused by winter Injury, animals, machinery, cnlessness, vandalism, etc. "30 day warranty IhaII apply to all vines, ground covers, roses, perennials and plants planted in aboveground pIanteI'a. TERII8 OF PAYMENT: NIT DUE ON COMPLETION: THEREAFTER A FINANCE CHARGE OF 1 V. % PER MONTH J!'~\.H.APHO_mAU.MI &tn&.DUL _.:..-..-....""'._....--~.;,..- .._-- --,'-',- ;;,:".;::I~~~~=bs,and everg-~;.-;.Ic'h~;:i1to grow through the first 12 months, provided the ntSpOnslbillty for damage . watering and that paym-~..the account was made when due We as&umeno shall apply to all vines, gro~u:~~r::~.'~rZn:~:~ =r~r;:Z;t=:'::==:~. "'30 day warranty ~~~_~_'.' TERMS C:;~A;~~;~~~9O:~~~~:ir:~::;:~~F,l:~u~~~':~~:::::.:r1~A=..~.~. 10,.- .';",iv LAN -DE -CoNINe. P. O. BOX 308 · EXCELSIOR, MINNESOTA 55331 TELEPHONE: 474-2260 OTY. ITEM SIZE TYPE TOTAL . dOt7 ~~ . Q!) .do SUB TOTAL TAX TOTAL - LAN-DE-CON INC. agrees to: Furnish nursery stock of the top quality true to name. to resupply once at no charge all trees, shrubs and evergreens which f.iI to . grow through the first year (365 days) from date of billing. o. ",. No warranty claims wiU be honored ifaccount.is Any losses due to acts of God or damage after planting LANDSCAPE . . ORR. SCHELEN. MAYERON & ASSOCIATES. INC. Consulting Engineers Land Surveyors Octob,r 6, 1987 City of Shortwood 5755 Country Club Road ,Shortwood, Hinn,sota 55331 R, : Trunk Wat,r Hain, Utiliti's, Str"t Construction Appurt.nant Work Proj.ct No. 87-1 - Sbortwood Oaks Ci ty Counc i I : Enclos,d Ir' four (4) copi,s of Construction PI~'nt Vouch.r No. 5 on th, lbov, rtf,r.nc,d proj.ct in tht lIovnt of . 99981.15. PI.ls, Rlk. pl~.nt in lIount of. 99981.15 to Richlrd Knutson,lnc., 201 Trlv.l,rs Trlil, Burnsvill., Hinn,sotl 55337 at your 'Irli.st conv,nitnc.. Vtry truly yours, ORR-SCHELEN~YERON . ASSOCIATES, INC. (]~~9~- ~tS P. Norton,P.E. Projtct Enginttr .tPN :R6D EDe I HUrts J ce J Richard KRutSOl, lie. 2021 East HenneDinAvenue . Suite 238,. MinneaDolis. Minnesota55413--,S12l331-8660SJ) Estimate Voucher No. 5 . C~SlRUCl I~. PAYHOO VOUCHER . Date Oc tober 6, 1987 For Period Ending September 3D, 1987 ----------------------------- ------------------------ Project Number 87-1 ------------------------------------------------------------------------------------------------------- Class of Work ----------------------~-------------------------------------------------------------------------------- Trunk Water Main, Utilities, Street Construction For Appurtenant Work To : Richard Knutson, Inc. ______________________________________________________ 201 Travelers Trail Shore~ood Oaks Burnsville, Mn. 55337 ______________________________________________________ (612) 898-8811 City of Shor~ood, Hennepin County, Minnesota Location ------------------------------------------------------ A. Original Contract Amount . 1284594 .95 ------------------------ B. Total Additions t 0.00 ------------------------ C. Total Deductions t 0.00 ------------------------ D. Total Funds Encumbered . 1204594.95 ------------------------- E. Total Value of Work Certified to Date . 1111908.20 ------------------------ F. Less Retained Percentagt 5 z t 55595.00 .----------------------- 6. less Total Previous Payments . 956332.05 ------------------------ H. Approved for Payment, This Report $ 99981.15 ------------------------ I. Total Payments Including lhis Voucher t 1056313.20 ------------------------- J. Balance Carried F~ard . 148281. 75 ------------------------- APPRWAlS ORR-SCHELEN-MYER~ & ASSOCIATES, INt. -------------------------------------- Pursuant to our field observation, as perfONltd in accordance ~ith our contract, we h,reby certify that the mat.rials are satisfactory and the ~ork properly p,rformed in accordance ~ith the plans and specifications and that the total work is 92 X cOlpleted as of September 30, 1987 . We hereby recallend payment of this voucher. /(2:f7 - / , __-";::'~::1.-:'------ ------------------------------- Signed : ---------------------------------------- ------------------------------------------------------------------------------------------------------------------------- Construction Observer Tbis is to ctrtify that to the best of my kn~ledge, information, and belief, tbe quantities and values of work ctrtifitd htrtin is a fair .pproxiaate tstiaate for tbe period covered by tbis voucbtr. Contractor Ricbard butlOll,lnc. 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"" '" ::1~1: -dt'tfl" ~:::..f;o ~ "0 i!& -0 u- ~ "'CJ~ ~ J:: .... - .. ... .- ci IE _ .. ,; en = .~- U; CD' Ii:. :u .. '" .- "0 Z:" ... 'O::.o!:",QDoc:;;~z;g I- o. is '" .... ell: ~ .- .. T II: .. ...- .. '" . .....-IEI.. 0 !.U;J.1c3c3....~~.h . . . . . . . . . . . - ... - =' ... .. - . CIl) . -0 "0 . .. << . i - - .., . QD . .. - -8 .. .. ~ ~ .. ;t - :!: ~ I - - .. - t .. c)C ~ .... - .. - o l- i cis ~ .... .. - o I- - .. - o .... ... '0 " -~ .' PROPOSAL FOR THE CONTRACT CLEANING AND TV INSPECTION OF THE SHOREWOOD, MINNESOTA WASTEWATER COLLECTION SYSTEM PRESENTED BY . VISU-SEWER CLEAN & SEAL, INC. OCTOBER, 1987 b Introduction Based on the increasing needs and the high cost of equipment, Visu-Sewer Clean & Seal, Inc. has developed a new professional collection system preventive maintenance service for munic- ipa li ti es. As wastewater collection systems age and debris accumulates, the potential for sewer system back-ups becomes greater. With this increasing risk of back-ups comes an increasing risk of damage to both city and private property. As with all of us in our private lives or in our businesses, the cost of insurance is increasing at a dramatic rate. To protect you against claims that will increase your Insurance premiums, Visu-Sewer has put this sewer maintenance program together. Also, the cost of new equipment to maintain a collection system is astronomical today. For example, the cost for cleaning and TV inspection equipment similar to the equipment Visu-Sewer would use to clean and TV the Shorewood Sanitary Sewers would cost the City in excess of $200,000.00. This does not take into account labor, benefits, fuel and maintenance; only the purchase of the equipment. For these reasons, Visu-Sewer has developed a collection sys- tem preventive maintenance program to provide your munici- pality with a professional service that will; reduce the po- tential for sewer back-ups and hopefully help stabilize your insurance costs, reduce your need for additional manpower and help reduce your budget. This may be accomplished by having Visu-Sewer Clean & Seal, Inc., providecour resources to do the work. j Scope of Services - Visu-Sewer Clean & Seal, Inc. Visu - Sewer will provide the cleaning and TV inspection of 88,000 ft. of sanitary sewer in Shorewood each year for a cost of $.85 per foot. This will provide for the cleaning and TV inspection of approximately 1/3 of the system each year over a period of 3 years. Visu-Sewer will provide all necessary equipment and manpower to clean and TV the City's sewers and remove the debris as well as provide proof of the work accomplished through video tapes of all lines cleaned and televised. A visual inspection of each manhole and documentation of any sewer line defects will be noted by our crews and any observed defects will be noted and provided in writing to the City's Director of Public Works. Visu-Sewer will provide and implement all necessary safety procedures to insure the safety of our crews as well as the citizens of the community. Safety measures and equipment for traffic control will be provided and coordinated with the Shorewood Police Department. Visu-Sewer will provide a $2,000,000.00 Liability or Umbrella Insurance policy for this project as well as provide a per- formance bond should the city request one. Visu-Sewer will coordinate the cleaning and TV inspection of all sewers with the City's Director of Public Works and the City's Consulting Engineer so that the TV inspection video tapes may be used to identify problem sewers prior to any future street repaving or other construction planned by the City. . Scope of Services - City of Shorewood 1. The city shall provide access to all manholes in the work area. 2. The city shall provide a source of water adjacent to all work areas at no cost to Visu-Sewer. *3. The city shall provide a disposal site for all debris removed from the sewer at no cost to Visu-Sewer. 4. The city will provide maps of the work area clearly de- fined with footages between manholes. * At the present time Visu-Sewer is working closely with MPCA and the Metropolitan Waste Control Commission to establish a dump site for debris removed from area sewers. Should we be able to finalize a dump site in the near future, Visu-Sewer will add this responsibility to our scope of work. Any costs associated with hauling and disposal are not at this time part of this proposal. AGREEMENT FOR WASTEWATER COLLECTION SYSTEM CLEANING CITY OF SHOREWOODt MINNESOTA THIS AGREEMENT is made and entered into on this day of 1987t by and between the CITY OF SHOREWOODt MINNESOTAt hereinafter refer red to as the "CITY"t and VISU-SEWER CLEAN AND SEALt INC.t a Corporationt hereinafter referred to as the "CONTRACTOR". RECITALS WHEREASt CITY owns a Wastewater Collection Systemt hereinafter refer red to as the "SEWAGE SYSTEM"; and WHEREASt CITY desires to employ the services of CONTRACTOR in the cleaning and TV inspection of the SEWERAGE SYSTEM commencing t and ending t a.3 year termt and CONTRACTOR desires to perform such services for the compensation set forth hereinafter. NOW THEREFOREt for the mutual consideration set forth hereinafter t the parties hereto agree as follows: I. EMPLOYMENT: A. CITY hires CONTRACTOR to furnish the services herein- after mentioned at and for the compensation herein pro- videdt and CONTRACTOR accepts said hiring upon said terms and conditions set forth herein. B. It is expressly understood that the CONTRACTOR has b~en employed to clean and TV the SEWERAGE SYSTEM and has no interest direct or indirect in said SEWERAGE SYSTEM. II. SEWERAGE SYSTEM: A. SEWERAGE SYSTEM as used herein i ncl udes only the CITY.' s wastewater collection system located within the City limits of Shorewood and owned by the city. The Waste- water Collection Systemt including sewage pumping sta- tionst piping on private propertYt as well as other col- lection system equipment and appurtenances owned by the Metropolitan Waste Control Commission are specifically "excluded from the SEWERAGE SYSTEM. II I. TERMS: The term of this Agreement shall be for a term of three (3) years effective to t ex- cept as it may be extended as hereinafter provided. . 1 IV. COMPENSATION: The CITY shall pay CONTRACTOR as compensati on for the ser- vices to be performed, the sum of $.85 per foot, payable monthly, based on the work completed in the preceding month. V. SCOPE OF SERVICES: A. CONTRACTOR represents to CITY, by the execution of this Agreement, that it is qualified in all respects to per- form the services that it herein agrees to perform. CONTRACTOR will utilize its knowledge and experience to clean and TV the SEWERAGE SYSTEM so that the flow within the SEWERAGE SYSTEM wi 11 not be restricted, provided that the SEWAGE SYSTEM is not rendered inoperable for any reason not within control of the CONTRACTOR. B. Cleaning and TV Inspection agreed to be performed by CONTRACTOR includes 611 to 2p. pipe within the City limits of Shorewood. The CONTRACTOR will be responsible for vacuuming of all debris into cleaning trucks pro- vided by the CONTRACTOR, and to transport said debris to the City's designated disposal site within ten miles of the City. Fuel and maintenance of the vehicles are responsibility of the CONTRACTOR. CONTRACTOR will operate in such a manner so any odor problems are mit- igated. CONTRACTOR shall clean and TV the SEWERAGE SYSTEM during regular work hours of 8 a.m. to 5 p.m. five (5) days per week and mai ntai n records based on accepted industry standards. C. CONTRACTOR shall, at its sole cost and expense, pay all expenses incurred in the cleaning and TV inspection of the SEWERAGE SYSTEM including, but not limited to, wages, benefits, salaries, consumables such as, lub- ricants, fuel, materials and supplies, except as other- wise limited herein. D. CONTRACTOR shall manage and staff the cleaning and TV inspection of the SEWERAGE SYSTEM with a sufficient num- ber of qualified employees (including management, tech- nical and administrative) experienced in wastewater col- lection system .cl.eaning and TV procedures. . CONTRACTOR . shall have the responsibility to administer all safety programs, inspections, training and safety equipment re- pair required to comply with OSHA regulations. 2 . E. CONTRACTOR will provide a visual inspection of each man- hole entered and documentation of any sewer line defects will be noted and provided in writing to the City's Director of Public Works. . F. CONTRACTOR agrees to perform other services as shall be requested by CITY and for which appropriate compensation may be required and is agreed to by both parties in ad- vance. Such additional services shall be made part of this Agreement by an addendum signed by the parties here- to. G. The CITY agrees to provide the following services to the CONTRACTOR in order for the CONTRACTOR to perform the agreed upon services. 1. The City shall provide access to all manholes in the work area. 2. The City shall provide a source of water adjacent to all work areas at no cost to Visu-Sewer. 3. The City shall provide a disposal site for all debris removed from the sewer at no cost to Visu-Sewer. 4. The City will provide maps of the work area clearly defined with footages between manholes. VI. HOLD HARMLESS AGREEMENT: A. CONTRACTOR shall defend at its own expense, in the name and on behalf of the CITY, and shall indemnify and save harmless the CITY from any and all claims, suits, losses, damages, costs or expenses, including attorneys' fees, due to the sol e neg 1 i gence of the CONTRACTOR, or the neg 1 i - gence of its officers, employees or agents, on account of injury or damage to any person or property, caused or occasioned, or allegedly caused or occasioned, in whole or in part by reason of or arising out of the cleaning of the SEWERAGE SYSTEM. The duty of the CONTRACTOR to defend, and save harmless and indemnify the CITY, shall extend to officers, employees and agents of the CITY, to the extent the CITY is obliged to defend, save harmless and indemnify same by 1 aWe B. CITY shall defend at its own expense, in the name and on behalf of the CONTRACTOR from any and all claims, suits, losses, damages, costs or expenses, including attorneys' fees, due to the sole negligence of the CITY or the negli- gence of its officers, employees or agents, on account of injury or damage to any person or property, caused or occasioned, or allegedly caused or occasioned, in whole or part by reason of or arising out of the cleaning of the 3 ... SEWERAGE SYSTEM. The duty of the CITY to defend, and save harmless and indemnify the CONTRACTOR, to the extent the CONTRACTOR is obliged to defend, save harmless and indem- nify same by law. VII. INSURANCE: A. CONTRACTOR shall maintain, during the life of this Agree- ment, Workers. Compensation Insurance for all its employ- ees employed on the SEWERAGE SYSTEM. B. LIABILITY INSURANCE: CONTRACTOR shall furnish CITY with a comprehensive policy of public liability insurance insuring the CITY and its agents, officers and employees against claims or lia- bility, contingent and otherwise, for injury to, or death of, any person, or persons, or damage to real or personal property, arising in, by reason of, or in connection with, CONTRACTOR.s operations herein contemplated, and also agree to defend against all claims, demands, actions or legal proceedings made or brought by any person by reasons of any such injury, death or damage and to pay all judg- ments, interest, costs, and other expenses arising out of or in connection therewith. The limits of liability of such policy shall be not less than $1,000,000.00 combined single limits for bodily injury and/or property damage. Said comprehensive bodily injury and property damage lia- bility insurance policy or policies shall contain the fol- lowing endorsement: "Not withstanding any other provision of this policy, the insurance afforded hereunder to CITY, its agents, officers and employees shall be primary as to any other insurance or re-insurance covering or available to said parties, and such other insurance or re-in- surance shall not be required to contribute to any liability or loss until and unless the appropriate 1 imits or 1 i abil ity affored hereunder are exhausted. II C. The liability insurance requirement stated herein may be satisfied by CONTRACTOR endorsing its existing liability policy to name CITY and its agents, officers and employees as add iti ana 1 named insureds thereunder, and to contai n the standard cross liability and severability of interest clause. In such case, certificates of insurance under CONTRACTOR · s 1 i abi 1 i ty pol icy as endorsed shall be fur- nished to CITY. D. CONTRACTOR shall furnish CITY, concurrently with the exe- cution hereof, satisfactory proof of said insurance cover- age required, and will provide to CITY at least thirty (30) days prior notice of the cancellation of any policy 4 .. required herein during the effective period of this Agree- ment. E.Should any of the policies affecting the CITY be cancelled or materially modified prior to the expiration date there- of, the issuing company shall provide the CITY thirty (30) days prior written notice of said concellation or material change. VIII. RENEWAL: A. This Agreement may be renewed for successive terms as herein provided. B. If either party to this Agreement desired that this Agree- ment be extended for any additional term as set forth in this Agreement, it shall give Written notice to the other party to that effect a minimum of one hundred eighty (180) days prior to the expiration date of this Agreement. If said notice is conditional upon a change or changes in either compensation or terms of the Agreement, said notice shall contain a statement describing in detail all said change or changes of written justification for saying ex- cept as written in Article X, paragraph C of this Agree- ment. CITY may, at its option, renew this Agreement for an additional three years or any portion of the three years thereof beyond this contract period under the same terms and conditions of said Agreement. IX. PRICE ADJUSTMENT: A. Commencing with the second year of the term of this Agree- ment, annual adjustments in the compensation provided for hereinabove in Article IV may be made as provided here- inafter. B. 1. Additional compensation will be required only if the Ci ty requests the CONTRACTOR to clean and TV less than the agreed upon footage of the SEWERAGE SYSTEM in anyone or more of the three years of the contract period. 2. Or the CITY does not provide any of the required provisions in Section V of this Agreement. x. TERMINATION: This Agreement may be terminated at any time by either party, upon one hundred twenty (120) days written notice to the other party. 5 . XI. AMENDMENT: This Agreement may be amended or modified only by written agreement signed by both parties, and failure on the part of either party to enforce any provision of this Agreement shall not be construed as a waiver of the right to compel enforce- ment of such provision or provisions. XII. RELATIONSHIP: It is understood that the relationship of CONTRACTOR to CITY is that of independent contractor. XIII. ASSIGNMENT: CONTRACTOR binds itself, its successors and assigns to CITY in respect to all provisions of this Agreement. Except for the foregoing, neither CITY nor CONTRACTOR shall assign, sub- contract or transfer their interest in this Agreement without the written consent of the other. XIV. ENTIRE AGREEMENT: This instrument contains the entire Agreement between the parties relating to the rights herein granted and the obli- gations herein assumed. Any oral representations or modi- fications concerning this instrument shall be of no force or effect excepting a subsequent modification in writing, signed by the party to be charged. XV. PARTIAL INVALIDITY: If any term, provision, covenant or condition of this Agree- 'ment is held by a court of competent jurisdiction to be in- . valid, void or unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be affected, impaired or invalidated. XVI. ATTORNEYS' FEES: If any litigation is necessary to enforce the terms of this Agreement, the prevailing party shall be entitled to reason- able attorneys's fees which are directly attributed to such litigation in addition to any other rel ief to which it may be entitled. 6 VX II. NOn CES : A. All notices shall be in writing and delivered in person or transmitted by certified mail, return receipt,. postage prepaid. B. Notices required to be given to CITY shall be addressed as follows: C. Notices required to be given to CONTRACTOR shall be addressed as follows: Mr. John Grove District Manager 2849 Hedberg Dr. Minneapolis, MN 55343 or such other addresses as may be specifi ed by written notice by either party to the other. XIII. FORUM: A. The law governing the formation, construction and inter- pretation of this Agreement shall be the law of the State of Minnesota. B. The parties to this Agreement hereby agree that as to the determination and rendering of judgment in any controversy arising hereunder, jurisdiction shall rest exclusively in the District Court of the State of Minnesota in and for Dakota County; and, the parties hereby waive any right that they may have to petition for removal of . any liti- gation from the State'District Court to the Federal Court, except that the parties may 1 itigate issues 1 imited to federal questions in the Federal Court for the State of Mnnesota. The parties specifically agree that diversity of citizenship will not be a basis for federal juris- diction over the parties. XIX. PERFORMANCE BOND: A performance bond will be provided by CONTRACTOR to CITY at the request of the CITY. Cost 'of said bond has not been included in the estimate. 7 .... .... IN WITNESS WHEREOF, two i dent i cal counterparts of thi s Agreement, consisting of pages, each of which counterparts shall, for all purposes, be deemed an original of said Agreement, have been duly executed by the parties hereinabove named on the day and year first hereinabove written. CITY OF SHOREWOOD BY: TITLE: DATE: ATTEST: VISU-SEWER CLEAN & SEAL, INC. BY: TITLE: DATE: ATTEST: 8 /' Sewer backups: What's a city to do? Ellen A. Longfellow, LMCIT Staff Attorney Someone calls the city and says that he has sewage in his basement. He wants the mess cleaned up and thinks that the city is responsible. He also wants the city to do something to guarantee that it won't happen again. What should the city do? This is a common problem that occurs in Minnesota cities. The League of Minnesota Cities Insurance Trust has received numerous claims against cities for damages from sewer backups. Cities can do several things to avoid the legal liability for such occurrences and to reduce the chances of sewer backups happening. After the city receives notice of a sewer backup, it should make a record of the incident noting the time and problem. The city should then investi- gate to see if there is an immediate problem in its sewer lines or system that can be corrected to stop the backup. It is important to respond as quickly as possible in order to avoid later finding that the city was negligent in not responding within a reasonable time. The city must also report the claims to its insurance company or self-insur- ance pool as soon as possible. The claims investigators need to investigate claims as close as possible to the date of the incident in order to find wit- nesses and facts. City officials and employees should be careful as to what they say to the person making the complaint. Anything that an employee or official of the city says may be used later against the city. They can express sympathy but should avoid admitting liability of the city or promising that the city will pay for the damages. An adjuster will investigate and make a determination as to whether the city should be responsible for the claim. There are various causes of the sewer backups. The problem may involve a blockage in the city's line or in the property owner's line. If it is in the property owner's line generally, the city would not be responsible. However, this depends on what the city's ordinance states in regard to 22 defining the city and property owner's responsibilities for maintenance and repair. If the city's policy is to only maintain the city's sewer main, the city's sewer ordinance should define what constitutes the city's sewer main. We have recently had a case where the focus was whether the connection of the private line to the main was part of the main. For blockages. or problems in the city's lines, the city would generally be . responsible for removing the block. Removing the block does not mean that the city was necessarily legally negli- gent in the cause of the blockage. In some situations, the blockage may be the result of something that was put into the line by other users of the system. Common occurences, for example, are grease from restaurants or household substances such as dia- pers. Generally, cities have ordinances prohIbiting the discharge of many such substances into its sewer systems. If the city knows who discharged the substance, there may be a basis to have that person to pay for the damages. The general legal analysis in Minne- sota to determine who is responsible for the sewer backup damages uses a <~;.~ negligence standard. The claimant must prove: 1. That there was a defect in the city's sewer line; 2. That the city had notice, actual or constructive, of that defect; 3. That the city failed to correct the defect within a reasonable time after receiving notice of it; and 4. That such failure was the cause of the damages. To avoid being held liable for dam- ages, the city should develop a regular inspection . and maintenance program for its sewer system. This could involve regular inspection of manholes, cleaning lines with a jetter or rodder, or televising the lines. What methods the city uses may depend on the avail-¢able financial and personnel resources. The city should document any such limitations. There also is no definite requirement as to how often a city should inspect and maintain its system. The city should be able to argue that its mainte- nance shows "reasonable care." The city should keep records of all of its inspection and maintenance activities, which would include dates, names of the employees involved, location, and what the employees did. If employees ~i A St. Paul City Sewer Maintenance worker makes repairs on an old portion of storm sewer in downtown St. Paul. Minnesota Cities discover problems, the city should cor- rect them immediately or document why it is unable to correct them. Other factors that may contribute to sewer backups are infiltration of storm water from homeowners drainage sys- tems, or leaks in the lines that allow storm water to enter the sewer sys- tem. These factors could result in backups during heavy rainfalls. To avoid future backups related to such problems, the city could pass an ordi- .. nance stating that it is illegal to hook up storm sewer sources to the sanitary sewer system. To enforce such an ordinance, the city could publish a notice in the newspaper informing peo- ple of the restriction. If the published notice doesn't take care of the prob- lem, the city could have employees inspect houses to see if there are illegal connections. Televising the lines may also help to detect unlawful connec- tions. Rainfalls may also show where there are problems with the sewer lines. Even with eliminating stormwater connections, the city may not be able to alleviate all of the storm water infiltration. In many situations the sewer system can handle normal sew- age flow and normal rainfall. But, it may not be able to handle ., extraordi- nary rainfalls." However, if the cause of the backup is an extraordinary rain- fall, the city may not be legally liable. The city may want to monitor rainfalls because official weather records may record rainfall at selected locations which occur far from the city. Proper construction and maintenance of sewer lift stations are also important. The city should regularly inspect pumps and keep records of those inspections. The city should also illwe some kind of warning system if the pumps malfunction. If sewer pipes or lift stations need repair, the city will have to determine ways to finance such repairs. Grants may be available from the Federal Wastewater Treatment Facilities Pro- gram or the Independent State Grants Program which the Minnesota Pollution Control Agency (PCA) administers. Generally, those grants are for waste- water treatment plants, and not sewer lines, according to Sharon Meyer;. PCA. She said on rare occasions, how- ever, PCA would give a grant to a collection system rather than a plant, if it is less costly to fund the collection system. Grants are also available through the State Department of Trade and Eco- nomic Development (formerly DEED). MINNESOTA VALLEY TESTING LABORATORIES, INC. That department administers the Com- munity Development Block Grant Pro- gram and the State Economic Recovery Program. The 1987 legislature created a new entity, .the Minnesota Public Facilities Authority. The authority will set up a revolving fund to issue grants and loans to cities, to implement the 1987 Fed- eral Clean Water Act. For information about the grant programs contact Sharon Meyer, PCA, (612) 296-8744; Dave Mocol, Minnesota Public Facili- ties Authority, (612) 297-1170; Michael Auger, State Economic Recovery Pro- gram, (612) 296-2394; and Lou Jam- bois, Community Development Block Grant Program, (612) 297-3172. If a city cannot get grants to repair their sewer systems, it may have to rely upon other methods of financing improvements, such as assessments, general obligation and improvement bonds, and sewer rates. But remem- ber, a city can do many things regard- ing inspection and maintenance of the sewer system that do not require a great deal of money. The city should be able to show that it made good faith efforts to maintain its system and that it used "reasonable care." . "The Tank With The Red Roof" ~~ ..ACCURATE, FAST NATIONWIDE SERVICE · 35 YEARS EXPERIENCE . SERVING CONSULTANTS, INDUSTRY, AND MUNICIPALITIES COMPLETE LABORATORY SERVICES Over 65 Years Serving Municipalities WA TERTOWER PAINT AND REPAIR CO., INC. Dial 357-2101 or 357-2102, Area Code 515 Box 67 . Clear Lake, Iowa 50428 Or, call Larry Hartwell (612) 859.2113 Repairing - Sandblasting - Roofs Painting - Maintenance Contracts - Jackets Interior Inspection by Color Video TV Available Member of American Water Works Association · GROUNDWATER MONITORING Sampling - Chemical Analysis · PRIORITY POLLUTANT ANALYSIS Complete GC/MS - GC - HPLC - AA · CUSTOM ORGANICS ANALYSIS Tailored to Identify and Solve Your Problems · HAZARDOUS WASTE TESTING & EVALUATION Toxic - Ign!table - Corrosive In Minnesota Call Toll Free: 1.800.782-3557 Outstate Call Collect 1.507.354-8517 (New Ulm) 326 Center S1. New Ulm, MN 56073 October 1987 23 . . .. 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: PLANNING COMMISSION. MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 30 SEPTEMBER 1987 RE: ADAMS. KENT - SIMPLE SUBDIVISION FILE NO.: 405 (87.44) BA<XGROUND Mr. Kent Adams has requested approval of a simple subdivision to divide his property into two lots. The site is located at 25140 Glen Road (see Site Location map - Exhibit A. attached). contains approximately 1.24 acres of area and is zoned R-1C. Single-family Residential. The proposed division is shown on Exhibit B. ANALYSIS/RECOMMENDATION The proposed lots comply with the lot area (20.000 square feet). width (100 feet) and depth (120 feet) requirements of the R-1C district. The dashed lines shown on Exhibit B. confirm that both lots contain ample buildable area. The proposed lot line provides the minimum side yard setback for the existing home located on the easterly lot. An existing shed near the lot line will be removed. The current right-of-way for Glen Road is only 40 feet in width. Since the minimum requirement for streets is 50 feet. the City should take this opportunity to acquire additional r.o.w. It is recommended that the applicant be required to dedicate five feet of r.o.w.as a condition of approval of the division. It is worth noting that this will reduce the proposed lot areas to 21.312 square feet for the west lot and 31.355 square feet for the east lot. Both lots will still_et the miniaum size requirements. , ,,-'.h,AJl8sidentJaLJ:ommunjtv.,mlJ..akeMif1l14to()/faj~~_~- :...,.... -...<:.'. >- . Re: Adams. Kent Simple Subdivision 30 September 1987 . It is recommended that the proposed division be approved subject to the following: 1. The applicant must submit an up-to-date (within 30 days) title opinion for the property. 2. The applicant must provide drainage and utility easements. 10 feet on each side of each side and rear lot line. 4. 3. The applicant should provide five feet of r.o.w. as recommended above. Prior to release of the Council resolution approving the division. applicant must pay the $500 park dedication fee for the west lot. is given for the existing house on the east lot. the Credit 5. The shed should be moved or removed prior to release of the resolution. If the applicant chooses to wait to remove the building. a $1000 escrow deposit or letter of credit should be required to ensure that it will be removed. 6. The above-mentioned items must be completed within 30 days of the Council's approval of the division. The division must be recorded with the County within 30 days of the applicant's receipt of the Council resolution. BJN:ph cc: Dan Vogt Glenn Froberg Jim Norton Kent Adams - 2 - ~ . .'./ ! .;/' .. I N .... N~ 9 'ii ~ 1~. -~.~ .-~ o ? tiI~ t ~ to. ~~b~C:TION o .00..0.0 Adams~~s~~~: __::b~~~~~S~~:~~~~~~_~, ~'.' c ~. " ..~~ ....... .._:~o - $(\ 5 ;t : J :_t<'l S , ..-....--- - -- S 40' /' / /~V / ~c.; / <(~ ~ ~-<.. / ~~ r.;,~ ( ~ ~ f\,'-~~ :,J /0' 1:--__ W' fZE.toAOIIE.D l' 0 &E. " .. !! I .. . \>--4. ~ \>-,'v q.. ~'v O~ b' q...<<; .... VI .. \<J .. {~ '" r.~~ -" "- ~ <Xl :4i -<:-1.. \)~ cO , , ...('" .. \. . . ~: ~~ tJ. ....11'1 .C>! OC'l ~: t L /0, j 35' , , , , ~' - - ~:H>+ - u_ 121.20--- ,9"P. V.C. S6nifilI'!lSeow,.S G L-EN-- ! Sovlh Ed~- of' BH;minovs- - . -<.4. R-' -<.y.0 l>-\J /' /' ~V ,/ q,~<+-c;, / ~ ~-<... ~ e,Q.. "I~ ~'? o1)c~ "{;If' - ." '- '\, ._I.~!.~~- ______.__. on !! ~ - I. I' ,I "'" I' ... ~! i 't ...1 , Cl - -rr-~ "I ~ I ';;- , III -- 118.00..- fZe,c,,, _M4..,..cl, ~ 6' . ~ ...\'J. .~'N\'~~.> TDTAL AREA.Sa,......F'r :r- '.' Exhibit B PROPOSED DIVISION - ~ ASSUMED. -, :i.~ I ' ..1 4.0 /f I I , I I I , I I -L : -.....-....- /" :..i~ ~iD \ r-_ " ~~'t) t<'l::' f! , Z::::: : J! ~ . .......1 Net to 6,..1& . . CITY OF SHOREWOOD MAYOR Robert Rascop COUNCI L Jan Haugen Kristi Stover Robert Gagne Barb Brancel ADMINISTRATOR DanielJ. Vogt 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236 MEMORANDUM TO: PLANNING COMMISSION. MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 29 SEPTEMBER 1987 RE: PROPOSED ZONING ORDINANCE AMENDMENT - REDUCING THE SIDE YARD SETBACK FOR LAKESHORE LOTS FILE NO.: 405 (Zoning Ordinance) BA<XGROUND The City Council has directed the Planning Commission to hold a public hearing to reconsider an amendment to the Shorewood Zoning Ordinance which would lower the requirement for side yard setbacks on 1akeshore lots. The Ordinance currently requires a total of 30 feet with no one side being less than 10 feet. The Council proposes to go back to a 10 foot requirement for each side. similar to nonriparian lots. and consistent with the zoning requirements prior to 1985. It may be helpful to review some background on this issue. Prior to 1985 Shorewood's zoning regulations required a 10 foot side yard setback for all single-family residential lots. No distinction was made between riparian or nonriparian lots. In 1985 the City adopted a new Zoning Ordinance which. by law. incorporated the State Shore1and Management Regulations. At that time a 20 foot side yard requirement was presecribed by the regulations for 1akeshore lots. Within 12 to 18 months the City discovered. based upon a number of variance requests. that the 20 foot requirement placed an unreasonable burden on 1akeshore property owners. At the same time. the State Shore1and Management Regulations had been revised. 1eavina.-unicipalities with more discretion relative to the side yard setback requirements. A <Residenti8rCOJ11rr:u.mity~-Lake. Minl'feta"b'!: SaJJf/J-.S/JJJrJL . . Re: Zoning Ord. Amend. Lakeshore side yard setbacks 29 September 1987 In November of 1986. an amendment was considered to reduce the setback to 10 feet on each side. During the study of that amendment. a survey of undeveloped lakeshore property revealed that most of such property has already been developed. Consequently. the new 20 foot requirement applied primarily to existing development. After considerable discussion. the Planning Commission voted (4-3) to recommend an amendment to the Ordinance somewhat different than the one being suggested. Specifically. they recommended that lakeshore lots should be required to have a total side yard setback of 30 feet. with neither side being less than 10 feet. The decision was based on preserving an open space appearance as viewed from both the lake and from property across the street from the lake. A copy of the minutes from the public hearing are attached as Exhibit A. The City Council subsequently adopted the Commission's recommended amendment. Virtually the first test of the new requirement came when Carol Regan requested a variance to expand her nonconforming home on Edgewood Road. The staff report for that request. dated 29 July 1987. pointed out that the building could be expanded without a variance. It went on to recommend that if the City considered Ms. Regan's request to be reasonable. that the Ordinance should be amended. The Planning Commission voted (5-2) to recommend denial of the variance. A copy of the minutes from that public hearing are attached at Exhibit B. The City Council apparently felt that Ms. Regan's request was reasonable despite the lack of hardship which must be demonstrated for variances. After voting to approve the variance (4-1). they then voted unanimously to direct the Planning Commission to hold a public hearing on an amend~ent to reduce the side yard setback for lakeshore lots to 10 feet. Minutes from that meeting are attached as Exhibit C. RECOMMENDATION Until recently' it was felt that Shorewood' s current Zoning Ordinance had been enforced with relative consistency. Any variances that had been granted met the test of undue hardship. A couple of recent decisions. one of which was the Regan request. have made it very difficult to administer the Ordinance from a staff perspective. These recent decisions suggest that there is a feeling that the Ordinance serves simply as a guideline for development. This is not the case. Zoning regulations are adopted as law. and as such must be enforced consistently. Obviously there will always be cases where strict enforc~ent of zoning regulations may result in undue hardship for some property owners. It is for this ~eason that variance provisions are included in the Zoning Ordinance. It is important. however. that when exceptions are granted thattheym.eet the statutory requirement of demonstrating that reasonable use of the property can not be made without the variance. - 2 - . . Re: Zoning Ord. Amend. Lakeshore side yard setback 29 September 1987 In this light it must be remembered that zoning regulations are intended to be the minimum requirements necessary to accomplish the City's goals. In the case of setbacks. the City has determined that lots in various zoning districts must maintain a certain minimum amount of open space. The Council's decision on the Regan variance indicates that the 30 foot total side yard requirement is not a reasonable minimum. When property owners inquire about zoning restrictions it is difficult to advise them that they must comply with a certain requirement knowing that unjustified variances have been granted in the past. In an attempt to return to some sort of consistent enforcement of Shorewood's zoning regulations. it is recommended that the City recognize the minimum side yard requirement for lakeshore lots as 10 feet. and amend the Ordinance accordingly. BJN:ph cc: Dan Vogt Glenn Froberg Jim Norton . . - 3 - . . 7:40 PM PUBLIC HEARING - ZONING ORDINANCE AMENDMENT - REDUCING THE SIDE YARD SETBACK FOR LAKE SHORE LOTS Public portion of the public hearing opened at 7:43 P.M. Planner Nielsen said that many of the structures on lakeshore property are nonconforming as a result of changes in the Ordinance. The most recent change was the adoption of the State Shoreland Regulations which imposed a 20 foot side yard setback for lakeshore lots. As discussed at previous Planning Commission meetings, the majority of lakeshore lots were already developed at the previous 10 foot setback. In order to conform the zoning to what actually exists, a proposal to amend the Zoning Ordinance to reflect a 10 foot side yard setback for lakeshore lots was presented to the Planning Commission. A letter submitted by Mr. and Mrs. Howard Lindow, expressing favor of the amendment, was acknowledged. Larry Reid, 27280 Island View Road, said he feels it is a fair recommendation which may even improve the value of affected lots. Public portion of the public hearing closed at 7:46 P.M. Spellman said he feels the lake belongs to everybody, and everybody has the right to its view. He said he is concerned about solid buildings along the lakeshore such as exists in Mound. Spellman moved to recommend to Council denial of the Zoning Ordinance amendment to reduce the lakeshore side yard setback from its current 20 feet to the previous 10 foot setback. Benson seconded for discussion. Benson said he would prefer a 10/20 foot combination requirement. Motion failed by Roll Call Vote - 1 aye (Spellman) - 6 nays. Spellman moved, seconded by Watten to recommend to Council approval of a Zoning Ordinance amendment to require a 30 foot combination total, 10 foot minimum, side yard setback for lakeshore property. Motion carried by Roll Cal~ Vote - 4 ayes - 3 nays (Schultz, Reese, Leslie). .,. . Exhibit A EXCERPT - PLANNINGCOMMI SSION MINUTES 18 November 1986 Meeting . . 7 :40 P.M. PUBLIC HEARING - SETBACK VARIANCE/VARIANCE TO EXPAND A NONCONFORMING STRUCTURE Carol Regan - 20790 Edgewood Road Ms. Regan would like to add on to the north end of her lakeshore home which enchroaches on both sideyard setbacks. Planner Nielsen noted that there is ample buildable area on the north end of the lot. Public portion of the public hearing opened at 7:45 P.M. Ms. Regan said that the house has been added onto several times. creating nonfunctional space. The addition was designed by a professional builder to balance the space in the house. Locating the addition within the buildable area would obstruct her view of the lake from a bedroom window. Brian Huber. attorney for the applicant. asked how the lot is substandard. Planner Nielsen said that it is too small and narrow under current zoning standards. Mr. Huber said that the structure was not orientated correctly on the lot originally. He said that the improvement would increase property values. He noted that there is a 20 foot strip of unbuildable land adjacent to Ms. Regan's lot on the west side. Public portion of the public hearing closed at 7:59 P.M. Spellman moved to recommend to Council denial of the variance requests. Benson seconded for discussion. Schultz said he couldn't see a hardship in this case. The applicant's attorney stated that the inconvenience and excessive costs of redesigning the addition to fit within the buildable area are a hardship. He also added that a redesign would create varying roof levels. Leslie noted that hardship is usually due to topography of the land. Watten said he felt the interior planning of the existing facilities (location of the kitchen in this case) constitute a hardship in his opinion. Watten acknowledged a letter stating no objection of the addition submitted by neighbor Robert Bergstrand. Motion to deny carried by roll call vote - 5 ayes - 2 nays (Mason and Watten). - 2 - Exhibit B EXCERPT. - PLANNING COMMISSION MINUTES 4 August 1987 Meeting ,......... ~.~w~...... ...-,._ ,.-o;.,:"'.-.:-_-e-.."'..-....~ ..o.,..n',..~..........~._".,._.c.._;,,-,,_.~_.+. ,_, ._....~ ;' . . SETBACK VARIANCE AND VARIANCE TO EXPAND A NON-CONFORM~NG STRUCTURE - 20790EDGEWOOD ROAD RESOLUTION NO. 102-87 Ms. Carol Regan of 20790 Edgewood Road was present to request a variance to add onto a non-conforming structure. Stover stated that the Planning Comm~ssion voted 5-2 to deny the request indicating that no hardship could be found. Ms. Regan feels there is a hardship, the home is part of the old Edgewood Resort and when it was built it complied to the setbacks. The side she is intending on adding onto is opposite to the noncomplying side, and in order to change the addition to meet setbacks it would not allow proper flow within the home. All her adjoining neighbors are in agreement with the expansion. Bob Bergstrand was present to speak in favor of her request. Nielsen referred to his report recommending denial of this He stated that he could not support his recommendation at due to the Council action granting the variances to Eric Planner request. this time Danse r . Stover questioned whether the 10. side lot lines for lakeshore should be reinstated, if they were in effect at this time, this variance was not needed. Haugen feels the Council is making the ~lanner.s recommendations very difficult to determine. There may be a need to clarify .hardship. or to change the present wording of the Ordinance. Gagne moved, seconded by Brancel, to grant the variances - 1 nay (Rascop) 2 absta~n (Haugen and Stover) 2 ayes (Gagne and Brancel) Haugen and Stover then vote aye. 4 ayes - 1 nay (Rascop) by final Roll Call Vote. Stover moved, seconded by Haugen, to Planning Commission to reconsider the lakeshore lots. Motion carr~ed - 5 ayes. set a public hearing by the 10. side yard setbacks for Exhibit C EXCERPT - CITY COUNCIL MINUTES 10 August 1987 Meeting _."_~ _'_ ~.-'.......",_.~-'...,;.,:..~~=_",~..;c~~.~""=",-__-=--"",~~,=;-,--~"""""",,,,,,,,,,,,,,-,-'C"':i.,...'.="',".:-.-~- f . . October 6, 1987 City of Shorewood Planning Commission RE: Zoning Amendment to Change Sideyard Setback Re- quirements in the R1-A Single Family Residential District I am David Garber. I live at 26980 Edgewood Road. I am here tonight to speak in opposition to the proposed zoning amendment and offer an alternative solution. I oppose the proposed zoning change that will decrease the sideyard set-back requirements for lake front residen- tial property from the current requirement -- a total of 30 feet divided between the two sideyards -- to a requirement of only 10 feet on each side. I understand this proposed change is directed toward restoring the zoning standard to a pre-1985 standard to alleviate a burden on existing property owners. This change may help solve the problems of those people who own homes that were built before 1985, when the zoning ordinance required a 10 foot set-back for each side- yard. But, the proposed change will also affect lots which do not have homes built on them, and these lots present dif- ferent issues than those intended to be addressed by the proposed zoning amendment. When the Council reduced the sideyard requirement in November 1986, from the 20 foot sideyard requirement for each side to a 10 and 20 foot sideyard requirement, the Council had sound purposes. The Council recognized the need to preserve views of Lake Minnetonka for propeities and locations not along the lakeshore itself, and to preserve the open character of the lakeshore areas for the benefit of all residents, including existing property owners and users of the lake. The spacing that W04ld be achieved under the 10 and 20 foot requirement for new homes on formerly vacant lots made sense in 1986. It makes sense today. Each vacant lot presents a unique set of problems for the owner and neighbors, and for the city when it regulates the development of that lot. While the 10 feet for each side requirement for existing homes may ease the administra- tive and decision making burdens faced by the city,adminis- trative, planning commission, and city council review and discretion are critical when considering new homes on vacant . City of Shorewood October 5, 1987 Page 2 . parcels. The~ity should look at each lot in terms of its unique character, the use and character of the adjacent properties, the effect on scenic views, and on neighborhood development. Adopting at this time the 10 and 10 require- ment will deprive the City of the discretion it needs to carefully review new development on currently,vacant lots. With the present sideyard setback requirements, the city can still consider and approve variances to the 10 and 20 feet sideyard requirements on a case by case basis. But if the City passes this amendment the City will no longer be able to look at these matters so carefully. All the deci- sions regarding sideyards for every undeveloped parcel will have been made at once. In effect, the City will have granted a variance to the existing 10 and 20 feet require- ment with a broad brush, even in situations where that existing requirement represents the best way to develop a parcel so as to protect adjacent property and preserve community character. The Commission should adopt a more flexible approach. I suggest that instead of passing an amendment that makes the sideyard requirements uniformly 10 feet, the Commission should recommend to the City Council that the requirement of 10 feet of setback for each sideyard be adopted only for those properties developed prior to the July 1985 change in the zoning ordinance when Shorewood adopted a 20 feet requirement for each sideyard. This proposal will meet the intended purposes of the proposed amendment directly, but it will avoid affecting unintended results. Residents wanting to remodel or add on to homes developed under the 10 foot requirement will not need .vari- ances, which will save the staff, the Commission and the Council a great deal of effort. In contrast, the present sideyard requirement serves important purposes of protecting shoreland neighborhood character and the vital community resource presented by the areas along Lake Minnetonka. Therefore, the zoning amendment should be made not to apply to undeveloped lakefront prop- erty, which will help the City protect these resources. Limiting the zoning amendment to already developed lots will not create significant administrative problems due to the small number of vacant lots in the effected areas. The 10 and 20 foot requirement was 'deemed appropriate for Shorewood in 1986, and it should be deemed appropriate now. The Commission should deny the change to a blanket ~. . . City of Shorewood October 5, 1987 Page 3 . r~quirement of 10 feet for each sideyard for all residential property in the City of Shorewood. Thank you for your time and consideration. David Garber 26980 Edgewood Road Shorewood, MN 55331 . . CITY OF SHOREWOOD MAYOR Robert Rascop COUNCI L Jan Haugen Kristi Stover Robert Gagne Barb Brancel ADMIN ISTRA TOR Daniel J. Vogt 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236 MEMORANDUM TO: PLANNING COMMISSION. MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 30 SEPTEMBER 1987 RE: HARDING ACRES SECOND ADDITION FILE NO.: 405 (87.43) In 1985 the City approved a subdivision called Harding Acres. The original plat included 18 lots. six of which were platted as a first phase. In April of last year Network Development Inc. received preliminary and final plat approval for the remaining 12 lots (see attached staff report. dated 10 April 1986). The plat was never finalized and the City's approval has since expired. Mr. Richard Conry. representing Lake Minnetonka Homes. now proposes to finish the project as originally approved. Since nothing has changed since the previous approvals were granted. the recommendations contained in the 10 April staff report should still be considered. In addition. the previous Minnehaha Creek Watershed District approval must be extended. Given that the plat has been approved twice before. the developer has requested that preliminary and final plat be reviewed simultaneously. Once the public hearing has been held. staff will prepare the necessary development agreement for review by the City Council. BJN : ph cc: Dan Vogt Glenn Froberg Jim Norton Richard Conry ",. . A Residentialeommunity.OfLLake.MinD1JtDnka'$ South Shore 9 . . CITY"OF SHOREWOOD MAYOR Robert Rascop COUNCIL Jan Haugen Tad Shaw Kristi Stover Robert Gagne ADMINISTRATOR Daniel J.Vogt 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236 MEMORANDUM TO: PLANNING COMMISSION, MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 10 APRIL 1986 RE: HARDING ACRES SECOND ADDITION FILE NO.: 405 (86.06) BACKGROUND Last year the City approved a subdivision called Harding Acres (see Site Location map - Exhibit A, attached). As you may recall a preliminary plat was approved for 18 lots. A final plat was then approved for the six lots having frontage on Wedgewood Drive and Smithtown Road. Network Development Inc. is purchasing the property, and has requested approval of a final plat for the remaining 12 lots. Since the Shorewood Subdivision Ordinance requires that final plats must be submitted within six months of preliminary plat approval, the project technically requires a new preliminary plat. As a practical matter, however, the plat is exactly the same as the one approved in 1985 (see Exhibit B, attached). RECOMMENDATION Since the plat is consistent with the previous approvals, it is recommended that both preliminary plat and final plat be approved subject to the following: 1. Approval of the plans and specifications for street and utility improvements by the City Engineer. 2. The applicant must submit an up-to-date title opinion for review by the City Attorney. 3. Park dedication fees ($500 per lot) must be paid prior to release of the plat. 4. The applicant's engineer must submit an estimate of the cost of constructing required improvements. A Besidential CommunitJt..DoJ.aklLMinnetnnkll'.-: SQllth Shnre - 2 - ... . .: ~': 1&I '~ .=::. . - i. I L\.I I~.!II' · · -I ,U_... ~ :-~Il ~ ....J -. . . d ; ORCHARD CIR. a:: ~ ~. TONKA BAY · ~ ""J . 1 · ~~ =- i(~ . \ . -.L .... ~I 0::, :J, LlJI l(' 1_ ~ (:) 1- <;" ~ ~//~ ~ NDrth , ,,' ==~ .. .. o ~ ~ .1 <( AMLEE ~ .."", . E 13 0'<53 ~~ LA.; II ~4Z i ~SI~E?)/ V II I I ~ I , IRQ ~ ..... ........ 1 ~ : I I , I I I I I I I GLEN - ::> I 0 I t: . z I ~ I !RD. , I I , I I I I I I , I I I , I I I '. f . , , I , I . I I I I . I . II II J. ~i . :: II i I ~ l..A. _ ~__""" I ~. .J.j '. 'I l'.,opl r, I lr\ QLJ~ 'Ot~ : ~l I~~~CR : : - j J _ \ ~ -: ~ L--:~I I ............... - I -:I \ j ~ _ """:J/ r:z v,~' I 3 L--;,,, Ii --..... --- rl~ I _ i- --- - <I : : ----- II ____411 . . - Exhibit A SITE LOCATION dAddition Harding Acr~s Secon b...._ f . . HARDING '!! .. . !II 0 ; . ....' ...._ _..... .. .... ... lOP :t ~ .. =. . !" .. . o. :1. ..: . f ....1 :::. - &l: Q (Jj Li.: ~rt: "\~ . <:; ~\\..: V ~"\ ~." QV I r (..:: <:t Q o o ~ {!.': "> .roo, ..... o ~ J:: ~ \ -.-...... I ~~ ~ ---..:J::'~O/f< ~ .... .~ ---- ___ tiJ> ::) . ------==_. ____.~.... e:[ ~.... '---- ~ ---- -.~ - 1 , l") r..- I.' :' . ------ : ,., r't. f\ ...; f.... ...., Rood t...; AN I TOU " Fl.l.. .s. No. 1/9 Exhibit B FINAL PLAT ~ . . RESOUJrIrn N). WHEREAS, the prel iminary and final plats of HARDIro AmES SEaN) AlDITIrn have been subnittedin the manner required for the platting of land under the Shorewood Ci ty Code and under Olapter 462 of Minnesota Statutes, and all proceedings have been duly had thereunder; and WHEREAS, said plat is consistent wi th the Shorewood Cmprehensive Plan and the regulations and requirements of the laws of the State of Minnesota and the City Code of the City of Shorewood. N:lV,'IHEREKIm, BE IT RESOLVED, by the City Council of the City of Shorewood: 1. That the plat of Harding Acres Second Addition is hereby approved. 2. That the approval is speci fically condit ioned upon the terms and conditions contained in the Developnent Agreement attached hereto and made a part hereof. 3. That the Mayor and Ci ty Clerk are hereby authori zed to execute the Certificate of Approval for the plat and the said Developnent Agreement on behal f of the Ci ty Counci 1. 4. That this resolution together with the final plat shall be filed and recorded within 30 days of the Developer's receipt of this Resolution. BE IT FURllIER RES:>LVED, that the execut ion of the Cert i ficate upon said plat by the Mayor and Ci ty Clerk shall be conclusive, showing a proper coopliance therewith by the subdivider and City officials and shall entitle such plat to be placed on record forthMnth without further formality, all in coopliance with Minnesota Statutes and the Shorewood Ci ty Code. .AlX)PI'ED BY '!HE CI'lY ((lJtCIL of the City of Shorewood this day of , 1987. Robert Rascop, Mayor ATI'EST : Sandra L. Kennelly, Ci ty Clerk .J . . ~ October 1987 CIlY OF SImE\\tXD RESIDENI'IAL SUBDIVISICN DEVElDR\1ENT AGREFMENT HARDIOO ACRES smm AIDITICN nus AGREFMENT, made this day of , 1987, by and between the CIlY OF SImE\\tXD, a Minnesota municipal corporation, hereinafter referred to as the "City", and LAKE MINNE'l(N{A lIMES, INC., a Minnesota Corporation, hereinafter referred to as the ''Developer''. WHERFAS, the Developer holds an interest in certain lands described in Exhibi t A attached hereto and made a part hereof, which lands are hereinafter referred to as the "Subject Property"; and WHERFAS, the Developer has made appl ication nnder the Subdivision Ordinance of the Shorewood Ci ty Code for Connci I approval of a single-family residential development plat of the Subject Property, said plat to divided into 12 lots and to be known as Harding Acres Second Addi tion; and WHERFAS, the City Conncil by its resolution passed on ,1987, has approved the preliminary plat of the Subject Property; and WHERFAS, the Developer has now subni tted his final plat of the Subject Property, which plat is attached hereto and made a part hereof as Exhibi t B; and WHERFAS, the City has established the policy of requiring land developers and the City to fonnally allocate between them the furnishing of surfaced streets, curbs, gutters, required landscaping, stonm sewer and surface water drainage facilities, street signs, sanitary sewer facilities, and nndergronnd electric and telephone service lines to all lots and plats approved by the City, all of the foregoing hereinafter sanetimes referred to as irrprovements. W\1, 'nlEREFCIm, in consideration, of the foregoing premises and acceptance by the City of the final plat of Harding Acres Second Addi tion, the City and the Developer agree as follows: . . 1. IMPlUJFMENI'S INSTALLED BY DEVEIDPER. Developer agrees at its expense to construct, install and perform all work and furnish all materials and equipnent in connection wi th the installation of the following irrprovanents: / ~~ading, stabilizing and bituninous surfacing; b. Surmountable 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. IMP.RJVE.v.ENrS INSTALLED BY CI'lY. No inprovanent s are contemplated to be installed by the City at this time. 3. STANDARDS OF <XNS'lRl:C.I'ICN. Developer agrees that all of the foregoing inprovanents shall equal or exceed City standards, shall be constructed and installed in accordance with engineering plans and specifications approved by the Ci ty Engineer and the requirements of applicable City ordinances and standards, and that all of said work shall be subj ect to final inspect ion and approval by the Ci ty Engineer. 4. MATERIALS AND LA'OCR. All of the materials to be employed in the making of said inprovanents and all of the work performed in connection therewith shall be of uni formly good and workmanlike quali 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 rE!lOOved and replaced wi th 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. samooLE OFWEK. The Developer shall subni t a written schedule indicat ing the proposed progress schedule and order of complet ion of work covered by this Agreanent, which schedule shall be a part of this Agreement. Upon receipt of written notice fran the Dev~loper of the existence of causes over which the Developer has no control, which wi 11 delay the completion of the work, the City, at its discretion, may extend the dates specified for completion. r It Is understood snd agreed thst the work shall be perfonned in one phsse \ ,to be ful ~ompleted by , 1987. ~." .~.~ ~yY/ ~'JfY -2- . . 6 . S'lREEl'S, SANITARY SF.WER, AND S'ltRVl SF.WER 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 stonm sewer and surface water drainage fficUHies. in said plat, said plans and specifications to be subject to the final approval of the City Engineer. b. As-Blli I t Plan. Upon cooplet ion of construct ion, Developer shall cause its engineers to prepare and fUe with the City an "as-bui It" plan showing the installation of the foregoing faci li ties wi thin the plat. Such plans shall be prepared in confonmance wi th Ci ty standards for as-built plans as are presently on file with the City. c. Easements. Developer, at its expense, shall acquire all easements fran abutting property owners necessary to the installation of the sanitary sewer, stonm sewer, and surface water drainage facilities within the plat, and thereafter prooptly assign said easements to the Ci ty . d. Pre-existing ~ain Tile. All pre-existing drain tile disturbed by Developer during construction shall be restored by Developer. 7. STAKIID, SURVEYIN3 AND INSPECrIm. It is agreed that the Developer, through his engineer, shall provide for all staking and surveying for the above-described inprovements. In order to ensure that the coopleted irrprovements confoml to the approved plans and specifications, the City will provide for resident inspection. 8. GRADIl'lJ, mAINNE, AND BlOHm <XNIK>L. 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 fran construction therein by the Developer, its agents or assignees. 9. SlHliliT SUNS. Developer, at its expense, shall provide standard city street identification signs and traffic ~ontrol signs in accordance wi th the Minnesota Manual on Uni fOml Traffic Control Devices. 10. ACX:ESS. Developer shall provide reasonable access, including ternporary grading and graveling, to all residences lmder construction in the plat until the street is accepted by the City. -3- . . 11. o:::x:xJPANCY PERVIITS. The occupancy of any new structure on any lot within said plat shall be prohibited Qy the City until the street shall have been graded and surfaced with class 5-100% crushed material and lII.JIlicipal sanitary sewer lines shall have been installed and are available to serve the lot for which the building permit nas been issued. 12. FINAL INSPECl'Irn. Upon coopletion of the irrprovements set forth in Paragraph 1 above, the City Engineer, the contractor, and the Developer's engineer wi 11 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 speci fications, and the Developer's engineer has submitted a written statement attesting to same, the City Engineer shall recoomend that the irrprovements be accepted by the City. 13. a::NVEYAN:E OF IMP.OOVEVJENI'S. Upon complet ion of the installation Qy Developer and approval Qy the City Engineer of the irrprovements set forth in Paragraph 1 above, the Developer shall convey said irrprovements to the City free of all liens and encmbrances and with warranty of title, which shall include copies of all lien waivers. Should the Developer fail to so convey said irrprovements, the same shall becane the property of the City without further notice or action on the part of either party hereto, other than acceptance by the City. 14. REPLACE\ENI'. All work and materials performed and furnished hereunder by the Developer, its agents and subcontractors, found Qy the City to be defective within one year after acceptance by the City, shall be replaced by Developer at Developer's sole expense. 15. RES'ltEATIrn OF smmrs AND PlBLIC 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, bituninous replacement, curb replacement, and all other items disturbed during construction. 16. REIlVBURSEVENI' OF aRrS. The Developer shall reinburse the City for all costs, including reasonable engineering, legal, planning and actninistrative expenses incurred Qy the City in connection with all matters relating to the actninistration and enforcement of the within Agreement and the performance thereof Qy the Developer. Such reirri>ursement shall be made within thirty (SO) days of the date of mailing of the City's notice of costs to the address set forth ~n Paragraph 23 below. 17. CIAIlVI3 KE WEK. The Developer or its contractor shall do no work or furnish no materials not covered Qy the plans and specifications and special conditions of this Agreement, for which reirri>ursement is expected fran the City, 001 ess such work is fi rs t ordered in wri t ing by the Ci ty Engineer as provided in the speci ficat ions. Any -4- . . such work or materials which may be done or furnished by the contractor wi thout such written order first being obtained shall be at its own risk, cost and expense. 18. LEITER OF amDIT. For the purpose of assuring and guaranteeing to the Ci ty that the inprov~ntstobe 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 cmply wi th all of the other terms and provisions of this Developnent Agreement, the Developer agrees to furnish to the Ci ty either a cash deposit or an irrevocable letter of credit approved by the City in an 8I1Dunt equal to 150% of the total cost of said inprovements 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 cmpletion of the required irrprovements. The said deposit or letter of credi t may be reduced in 8I1Dunt or replaced by a maintenance bond at the discretion of the City upon acceptance by the City of the various individual inprovements. 19. LlABILI'lY INStJRAN::E. 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 8I1Dunt 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 coomencement of construction of the inprovements 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 fran claims arising under the workers' cmpensation laws of the State of Minnesota. 20. LAWS, ClIDINANCES, REXl.JLATICNS AND PERVIITS. Developer shall cmply with all laws, ordinances, and regulations of all regulatory bodies having jurisdiction of the Subject Property and shall l;lecure all permits that may be required by the Ci ty of Shorewood, the State of Minnesota, and the Minnehaha Creek Watershed District before coomencing developnent of the plat. 21. SE.WER ASSESSWNI'S. The original assessments against the property for sani tary sewer are in the 8I1Dunt of $ . Developer acknowledges that as a newly platted developnent of 12 lots, additional -5- . . suns may be assessed against the property as equal izat ion charges pursuant to Shorewood Ci ty Code Section 904.18. Developer agrees to accept and pay all such charges to the City in accordance with the Shorewood City Code, 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.s.aid~s~essments. A schedule of such charges is set forth in Exhibif C, attached hereto and made a part hereof. 22. PARK FUND PAYMENT. Developer shall, at the time that final plat is approved, make a cash payment to the City in the sum of $6,000.00 for the Park Fund. 23. NOrICES. All notices, certificates and other communications hereunder shall be sufficient ly 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 contenplated by this Agreement. Unless otherwise provided by the respective parties, all notices, certificates and communications to each of them shall be addressed as follows: To the City: City of Shorewood 5755 Country Club Road Shorewood, Minnesota 55331 To the Developer: Lake Minnetonka llanes, Inc. 21350 Excelsior Boulevard Excelsior, Minnesota 55331 24. PImF OF TI'TI..E. The Developer shall furnish the City with evidence satisfactory to the City that he holds an interst in title to the Subject Property in fee simple. 23. DISCIAIMER BY CI'IY. It is understood and agreed that the Ci ty, the Ci ty Counci 1, and the agents and enployees 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 corporat iOnwhansoever.,.. 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 carplet ion of the work and improvements hereunder; and that the Developer wi 11 save the City, the City Council, and the agents and enployees of the City harmless fran any and all claims, damages, demands, actions or causes of action arising therefran and the costs, disbursements, and expenses of defending the same. -6- . . 26. DECLARATIrn OF aJ\7ENANTS, aH>ITIrn8 AND RES'ffiIcrIrnS. Developer shall provide a copy of the Declaration of Chvenants, Chndi tions and Restrictions, the Articles of Incorporation and By-laws of the Haneowners Associat ion, if any, for review and approval by the Ci ty prior to recording the plat. 27. IXJRATIrn OF AGREEMENr. This Agreement shall remain in effect until such time as the Developer shall have fully perfonned all of his duties and obligations under this Agreement. 28. REVEDIES UKN 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 2 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 adninistrative 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 aIrount 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 moount so unpaid, and the Ci ty 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 reirrburse the Ci ty for any expense incurred by the Ci ty in remedying the condi t ions creating the emergency. b. Perfonnance Glaranty. 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 reirrburse the city for: (1) the cost of carpleting the constructi.on of the irrprovements described in Paragraph 1 above. (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 -7- . . adninistrative expense incurred by the City in enforcing and adninistering this Agreement. c. Legal Proceedings. In addition to the foregoingt the City may institute any proper action or proceeding at law or at equity to abate violations of this Agreement tor to prevent .use or occupancy of the proposed dwellings. 29. HEADIN.1S. Headings at the beginning of paragraphs hereof are for convenience of referencet shall not be considered a part of the text of this Agreement t and shall not influence its construction. 30. SEVERABILI'lY. In the event any provisions of this Agreement shall be held invalidt illegal t or unenforceable by any court of cmpetent jurisdictiont such holding shall not invalidate or render unenforceable any other provision hereof t and the remaining provisions shall not in any way be affected or impaired thereby. 31. EXEaJI'ICN OF alJNI'ERPARrS. This Agreement may be sinnltaneously executed in several counterpartst each of which shall be an original t and all of which shall constitute but one and the same instnment. 32. CXN8'lRl:.C.l'ICN. This Agreement shall be construed in accordance with the laws of the State of Minnesota. 33. su:x::ESSCES AND ASSI~S. It is agreed by and between the parties hereto. that the Agreement herein contained shall be binding upon and inure to the benefi t of their respective legal .representatives, successorst and assigns. IN WI'lNESS WHEREDFt the parties hereto have caused these presents to be executed on the day and year first above wri tten. LAKE MINNEJ.(H{A Hl\1ES, ItC. CI'lY OF SIDlliWXD By: Ri chard Conry By: Robert Ra!=lCOp Its: President Its: Mayor ATrEST : Sandra L. Kennelly City Clerk -8- . . STATE OF MINNESOTA ) ) ss CXlJNIY OF HENNEPIN) (h this day of , 1987, before me, a Notary Public within and for said Chrmty,personally appeared Robert Rascop and Sandra L. Kennelly, to me personally known, who, being each by me duly sworn, did say that they are respectively the Mayor and City Clerk of the lDllIlicipal corporation named in the foregoing instrunent, and that said instrmnentwas signed and sealed in behalf of said corporation by authority of its City Chrmcil, and said Robert Rascop and Sandra L. Kennelly acknowledged said instrmnent to be the free act and deed of said corporation. Notary Pub I ic STATE OF MINNESOTA ) ) ss CXlJNIY OF HENNEPIN) (h this day of , 1987, before me, within and for said Chrmty, personally appeared Richard Conry, on behalf of Lake Minnetonka Hanes, Inc., who is its President described in and who executed the foregoing instrunent and acknowledged that he executed the same as his free act and deed. Notary Public -9- . . LEGAL DESCRIPTICN OF SUBJOCr POOPER'lY N',amDl' A, HARDIN} AamS, according to the recorded plat there.0f... EXHIBIT A -10- . . PLAT OF HARDIm ACRES SEaN:> AIDITICN EXHIBIT B -11- . . . SBWER BJ]ALI ZATICN CHARGE EXHIBIT C -12- . ( . 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 MEMO TO: Mayor and Councilmembers FROM: Dan Vogt ':if{f DATE: October 7. 1987 SUBJECT: Wedgewood Drive - Street Location Relative to Right-of-Way As you will recall. at the Council meeting held on Monday. September 14. a report was made that MnDOT had completed a speed zone study of Wedgewood Drive in Shorewood. Part of their report recommended that roadway sight distances be improved. The poor sight distance problem is very evident just north of the abandoned railroad tracks. As a result of the discussion on September 14. staff was directed to determine the present location of the roadway in relation to the right-of-way and to research obtaining additional right-of-way for the street. Engineer Norton has researched the files at OSM and found a survey of the roadway dated April 25. 1975. A copy of the survey is attached as Exhibit A. An overall view of Wedgewood Drive is attached as Exhibit B. Although the survey is dated. it is felt that the location of the street has not changed over the years. You will note that the City currently has a 20' right-of-way for the road known as part of Lot 54. Auditors Subdivision No.133. The plans back in 1975 suggested 15' permanent roadway and utility easements on each side of the existing 201 area. Said easements would then total 50' which is our standard right-of-way width. As you can see on Exhibit A. the street currently meanders in and out of the right-of-way. . It seems as though this may be the proper time to resolve this problem. In discussing this matter with Jim. it is felt that easements have already been drafted. As discussed on September 14. staff feels that approval of a speed reduction for Wedgewood Drive should be tied to the acquisition of additional right-of-way to improve the overall safety of the roadway. To accomplish this objective. the City Attorney should be directed to attempt to obtain easements from the affected property owners. The City Engineer would also need to update the easements to ensure proper. legal descriptions and current property owners. A Residential Community on Lake Minnetonka's South Shore /() . . October 17. 1987 page two Staff night. will be prepared to discuss this matter with you further on Monday Please call if you have any questions prior to the meeting. DJV/slq cc: Glenn Froberg Jim Norton Brad Nielsen Don Zdrazil Rick Young Lindy and Cheli Aagaard ',,- . .0' -- " ,/ .~. " " ...... lJl 1M ..2. I / / I / ~ ~dQ~ g ij 1l:J! t~1j ~ il1 11 , .... 1&' , Ir ~ Ii' h~ii' r; r r:;; ; " .J '-;1'; ...~ : ~ i. '_ IIi l!.I' ~ ~ 0 fa J 1\ tsJ ~ * 1;1 t' U~ 0 i i i-- .' it C'I} a. ;0 it~!!S~; ;J;:',' ~ : ,Ii- ~ .~ ,~'~~'~' _....~ , .,' . -' . :.t:; / / / ,,1 , / / / " ~ 't / I l .- lJl ... ,g. ,... '" ..... \)j .2 , <::: , I .... ~ ;:: - ~ .., ""( .liO I :t I Z'!>l ~. ~ / '" .... ~ a> . ,. .... > ... ':) I "'< , / I I , f , ; I I . I . . . ~ .. ~ ~ ~ ~ / t--. \) 'i $) ff,b ... '0 I I I , ! , ..... ...... ....... .......... , I '- / /10 '00 / / / ..A ... . I .; ... ~ ~ i ~ ~ I / i~vl^' :/ tl ~I /f ,',' 11 I 1..1 /~ 1(;- / ~ ~ j~~ / ~J ,{~ / i~ ~ I ~ ~ / a / ~ I / .l> ~ " . ............ :.?Oo o ;u o rrt o .... t'~ o 0 '"1 1", t/) )i: 'N . i ~ t- \-' ~c.e ~i ~ ~"C t.,i' 17 ~..' i an f..,c.; ~ ~ ir~ ~~. ~'~ ~~ ~..... <.J~ ~;;..--~.." -. 1"\ ~'.,~ t.. h ~~ . " '';' \' ".~ EXHIBIT A SITE SURVEY ~-_:_.:JIt :::-... ----,---, . t... l .' ~. ~ . ! . 1 ..~ J' LOT 52 \~ r . \ I J lit' ... ... "" ... ~ Iw \ .. ,~ Ii';' I ., f. ...' .1'" I ' I .ZD I III I III. '" . 1~:C2.. tat '. U ..... I CI ~., :: . .. It Il I~ I~ . \ . I:. ~~, ... ( I ..- - -1.~'t,'t_. ~ ~ 'J' . ~~"lJ' " ....0 , I g". , ,.~ I I CI ~ 4' - .. ,'" I ~" I; ,: l1: 2 , .:;: 0 : , .. 11:. or- I ... " c ') .. ~ ~.. S~J " " ~"'l ;u~rH.' :'. . 4- - -,:tJt.. 5J i" , I , , , , : ~,) : 6 ~ I (1-$ I , I I , ...., 'v'" .;o't' 2 + ~.f-' ~, 't'Q " ~)- ) ,.)CJ LOT ll) , \ ) \Ii , . . ., , . , I I I , " I l\4\ I 5 I I I I I I , .... 5. ""--.4.. 1 i Ii' ,...... ,~ .(23) t Z'J :t Of . I'I~ },:'/: ,I.s! I .J.'; l~ ~ 3 .\ ~" ~,;c.~ t1'~) M 4 N \T C) U . t II f' .;110 ... .1 1. l1-1J ~, .... tOJ- J" 51 ... -J " , . ~'f 't"" .." ... o m - . o ~~. Z. . ~~ Silo':' AL ~) r ',~ f... .- ::: 4" . '^ . . B " '. .. ~..) .:,.. tl- .., .'.J. p'-t '" .. " ' t" (l'> .~ 4," . 1'<'.<" j~ ~' I --.-- ~~ .,." t,) , '.'1.. ... ~_..:' . "So --.:..pQ.w&. . .... '1 1 t:?) . -." ~ I ~.p , I ~..) I , I L~-- --~ 8 (tA) ~ c; ~. (.'6) .~ I"~ " t-~ I . ~.~.~. "ij~ ; . . ....0\;. :. EXHIBIT B. SITE LOCATION ~ . . MAYOR Robert Rascop COUNCIL Jan Haugen Kristi Stover Robert Gagne Barb Brancel ADMINISTRATOR Daniel J. Vogt . <:!TY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236 MEMORANDUM TO: MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 8 OCTOBER 1987 RE: DRAINAGE - STRAWBERRY LANE FILE NO.: 405 (General) As you may recall. when the Shorewood Oaks utility plans were being reviewed. it was decided that the proposed storm sewer would be extended to the west side of Strawberry Lane in order to relieve some of the drainage problems in that area. The extension has since been completed. In June of this year the owner of a lot at 6150 Strawberry Lane (see Site Location map - Exhibit A. attached) applied for a building permit to construct a home on the property. Given the sensitivity of drainage in the area. the. permit was issued contingent upon the owner providing for drainage to be directed toward the northeast corner of his lot. This was to minimize the affect of the fill. which was necessary to build on the lot. on the drainage pattern in the area. The recommended grading would also get the water going toward the new catch basin. approximately 150 feet north of the property in question. As the house is nearing completion. I had the City Engineer field check the site to determine how the grading for the lot should be finalized. We discussed the fact that without a swa1e along Strawberry Lane. the water would not be able to reach the catch basin. We' also determined that the boulevard width on the west side of Strawberry Lane (approximately six feet) is inadequate to accommodate the necessary swa1e. We agreed that it would be relatively simple to resolve much of the drainage problem in the area if the owners of the lot at 6120 Strawberry Lane. Paul and Patti Helgesen. would provide a drainage easement across their property. The public works department could grade the swale and install a culvert under the existing driveway,. in order for stormwater from neighboring lots to the south to get to the new .atch basin. · 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 October 8, 1987 TO: MAYOR AND CITY COUNCIL FROM: GLENN FROBERG RE: COLLECTION OF DELINQUENT WATER BILLS At a regular meeting of the Shorewood City Council held on September 28, 1987, I was requested to set forth the alternatives available to the City to enforce the collection of delinquent water bills. My review of Shorewood City Code Section 903.08 indicates that the City may after appropriate notice, shut off the water for non-payment, assess the delinquent customers against the property, and prosecute the customer for violation of the ordinance. Based upon these available remedies, I would suggest the following procedure to be appropriate : 1. Water bills are mailed to all customers quarterly, on or before January 10, April 10, July 10, and October 10 of each year. These bills are payable to the City Clerk on or before the first day of the second month following the quarterly period covered by the bill. 2. If the bill is not paid within ten (10) days after the due date, a notice should be sent to the customer stating that the bill is delinquent, and unless it is paid within (10) days or other satisfactory arrangements for payment are made, the water will be shut off, and a service charge made for turning it back on. 3. If the customer responds to the Notice, appropriate action may be taken by the City based upon the nature of the response. If the customer does not respond to the Notice after an appropriate period of time has elapsed, and the bill remains delinquent, the water should be shut off at the stop box connection. 4. If the customer requests the water be tu,rned back on, the customer should be required to pay all delinquent charges and in addition pay a water turn on of $7.50 as provided by the ordinance. I c2/1 , . . 5. Prior to October 1 of each year, the City Clerk should certify all delinquent water accounts to the assessment rolls, whereupon the delinquent sums may be collected during the ensuing year as part of the tax levy on the property. 6. Although the ordinance provides that a customer who fails to pay is guilty of a misdemeanor and therefore may be prosecuted in a criminal proceeding, I believe the civil remedies are the more appropriate means for obtaining relief by the City. g.f. cc. Brad Nielsen Dan Vogt , . . ORR'SCHELEN. MAYERON & ASSOCIATES, INC. Consulting Engineers Land Surveyors October 6. 1987 City of Shorewood 5755 Country Club Road Shorewood. Minnesota 55331 Attn: Mr. Danie1Vogt City Administrator Re: McKinley Place at Near Mountain 3rd Addition OSM Comm. #1744.23 Dear Dan: The engineer for Lundgren Bros. has requested the City take over for publi c ownership the sanitary sewer. watermain and storm sewer portions of the improve- ments in the aforementioned plat. The improvements would still be covered by a one year warranty period. We have been involved with this project all along and have performed the final inspection on these utilities. As a result we reconvnend the City take over the: 1. Sani ta ry sewer 2. Watermai n 3. Storm sewer As noted. a bond from the Contractor guaranteeing the work is forthcoming. The takeover should coincide with the receipt of the bond. The street work is not complete at this time. When they have completed the final wear course. which will probably be in 1988. they should send a letter requesting the City also take over the street. If you have any questions. please call. Respectfully. ORR-SCHELEN-MAYERON & ASSOCIATES. INC. c:ft:I/IKL(JI ? :>?&ztmth1w James P. Norton. P.E. City Engineer JPN:mlj cc: Mr. Phil Tipka. Resident Inspector Mr. Mike Pflaum. Lundgren Bros. Construction. Inc. Mr. Glenn Froberg. City Attorney Mr. Daniel A. Blake.Sathre-Bergqufst. Inc. /' ,"."_"__~_..._.o..2021~asLHer1rJeDin.AJJenua__...suite.238,-..""Minnea.ooJis.Minnesot85541..1 :.. 61213.11..8660 /0JA 90S ~" . , ~ .. III SLI q~ ~ ~ o ~ III . . 5 A T H R E .. B ERG QUI S T, INC. 106 SOUTH BROAOWAY . WAYZATA, MN. 55391 · TELEPHONE 612-476-6000 October 1, 1987 Mr. Dan Vogt CITY OF SHOREWOOD 5755 Country Club Road Shorewood, Minnesota 55331 HE: MCKINLEY PLACE AT NEAR MJUNTAIN 3RD ADDITION Lundgren Bros. Construction, Inc. Dear Mr. VOgt: As you are probably aware, the site improvements at MCKINLEY PLACE AT NEAR MJUNTAIN 3RD ADDITION have been completed through the first lift of bituminous, including all site grading and utility work. To the best of our knowledge the work has been completed in general conformance to the plans and specifications for the project. We therefore respectfully request that the City of Shorewood accept the sanitary sewer, watermain and stonn sewer portions of the improvements for public ownership and maintenance, subject to a guarantee period of one year. A bond from the contractor guaranteeing the work is forthcoming. Upon acceptance of the work, we would ask that the developer's financial guarantee be reduced in accordance with the work completed. Please contact our office if you have any question. Sincerely, SATHRE-BERGQUIST, INC. ~~~ Daniel A. Blake DAB/dm cc: Mike Pflaum, Lundgren Bros. Construction, Inc. Mr. Jim Norton, Orr-Schelen-Mayeron Associates, Inc. -" , CHECK NO. 051484 (G) 051485 (G) 051486 (L) 051487 (L) 051488 (L) 051489 (L) 051490 (L) 051491 (L) 051492 (L) 051493 (L) 051494 (L) 051495 (L) 051496 (L) 051497 051700 (L) 051498 (L) 051499 (G) 051500 (G) 051501 (G) 051502 (G) 051503 (G) 051504 (G) 051505 (G) 051506 (G) 051507 (G) 051508 (G) 051509 (G) 051510 (G) 051511 (G) 051512 (G) 051513 (G) 051514 (G) 051515 (G&L) 051516 (G) 051517 (G) 051518 (G) 051519 (G) 051520 (G) . . GENERAL & LIQUOR FUNDS - BILLS PAID SINCE 9-23-87 TO WHOM PAID Ev Beck The Prudential A T & T Bellboy Corporation Griggs, Cooper & Co. Eagle Wine Company Johnson Bros. Wholesale Jude Candy & Tobacco Northwestern Bell Prior Wine Co. Ed Phillips & Sons Quality Wine & Spirits Co. Ryan Properties Void Harry Niemela Russell R. Marron Shelly Quaas A T & T A T & T Acro Minnesota, Inc. Signs All Steel Products Co. Associated Asphalt, Inc. Bob's Personal Coffee Service Rolf E A Erickson Feed-Rite Controls Gross Office Supply Hance Hardware Hennepin Cooperative Seed Hennepin County Long Lake Ford Tractor Mac Too Is Matthias, Roebke & Ebert Midwest Asphalt Corporation Minnegasco Minnesota Suburban Newspaper Navarre Amoco Orr-Sche1en-Mayeron PURPOSE AMOUNT Mileage $ Add. life insurance Telephone service Liquor purchases Liquor purchases Wine purchases Wine & liquor purchases Cigarette & misc. purchases Telephone service Wine purchases Wine & liquor purchases Wine purchases October rent October rent Mileage Mileage Telephone service Telephone service Office supplies Sign painting-Freeman Park Misc. parts Blacktop-Streets Coffee, Filters September assessing fee Chlorine Office supplies Small tools 100# Mix Prisoner expense August '87 Mower Parts Small Tools Computer Services during July '87 Blacktopping-Streets Utilities Notice of Hearing Tire repair Engineering Costs On Going Development Shorewood Oaks Development General Badger Pumphouse 2,315.57 24,408.43 2,258.74 1,152.42 69.19 - 1 - 59.75 7.40 13.50 2,370.34 2,349.40 126.02 440. 71 305..80 148.30 582.64 755.68 558.94 1,922.58 970.00 12.60 1.47 23.25 17.40 118.04 835.00 216.05 1,611. 70 121.00 2,164.69 328.40 241.80 39.98 150.00 599.87 247.32 12.35 320.00 1,003.24 71. 58 84.74 30.00 30,204.35 ,- CHECK NO. 051521 (G) 051522 (G) 051523 (G) 051524 (G) 051525 (G) 051526 (G) 051527 (G) 051528 (G) 051529 (G) 051530 (G) 051531 (G) 051532 (G&L) 051533 (G&L) 051534 (G&L) 051535 (G) 051536 (G) 051537 (G) 051538 (L) 051539 (L) 051540 (L) 051541 (L) 051542 (L) 051543 (L) 051544 (L) 051545 (L) 051546 (L) 051547 (L) 051548 (L) . . GENERAL & LIQUOR FUNDS - BILLS PAID SINCE 9-23-87 TO WHOM PAID Satellite Industries, Inc Suburban Tire Service Tonka Printing Co. Warning Lites of ~n. Waste Management-Savage Wurst, Pearson, Larson Ziegler Inc. Northwestern Bell Northern States Power City-County Credit Union ICMA retirement Corp. Commissioner of Revenue The Bank of Excelsior Public Employees Retirement Shelly Zaun Mary Ann Meyer Daniel Vogt Bellboy Corporation Eagle Wine Company Griggs, Cooper & Co. Johnson Bros. Wholesale Minnesota Bar Supply Minnegasco Minnesota Suburban News Ed Phillips & Sons Prior Wine Co. Quality Wine & Spirits Tombstone Pizza Corp. - 2 - PURPOSE AMOUNT 236.57 349.10 407.40 316.20 81. 00 2,750.00 1,584.84 386.08 1,130.87 87.00 515.00 769.75 3,849.46 1 , 194 . 17 24.00 1,055.00 83.02 2,156.52 125.15 2,153.66 1,347.60 203.66 39.27 135.48 194.94 445.30 577.17 51.50 Chemical toilets $ 4 Tires Envelopes-City Hall Flashers Waste removal Professional services Cutting bolts Telephone service Utilities 9/26/87 Payroll-Credit Union 9/26/87 Payroll-ICMA 9/26/87 Payroll-State Withholding 9/26/87 Payroll-Fed & FICA 9/26/87 Payroll-PERA Horse inspections House purchase Mileage Liquor purchases Wine purchases Liquor & Misc purchases Wine & Liquor purchases Misc purchases Utilities Advertising Wine purchases Wine purchases Wine purchases Misc purchases Total General Total Liquor 52,275.41 19,040.19 .. .. CHECK NO. . . GENERAL & LIQUOR FUNDS - BILLS PAID SINCE 9-23-87 TO WHOM PAID AMOUNT PAYROLL LIST-PAYROLL PERIOD PURPOSE 201548 (G) 201549 (G) 201550 (G) 201551 (G) 201552 (G) 201553 (G) 201554 (G) 201555 (G) 201556 (G) 201557 (G) 201558 (G) 201559 (G) 201560 (G) 201561 (G) 201562 (G) 201563 (L) 201564 (L) 201565 (L) 201566 (L) 201567 (L) 201568 (L) 201569 (L) 201570 (L) 201571 (L) 201572 (L) 201573 (L) 201574 (L) Daniel Vogt Sandra Kennelly Susan Niccum Shelly Quaas Evelyn Beck Jean Sorensen Bradley Nielsen Patricia Helgesen Bradley Nielsen Charles Davis Dennis Johnson Daniel Randall Howard Stark Ralph Weh1e Donald Zdrazil Russell Marron Robert Nash Christophe Schmid Donald Tharalson Ross Nasset John Thompson John Josephson William Josephson Susan Latterner Dean Young Joel Bovee Scott Bennyhoff $ 939.51 699.38 462.30 361.49 616.55 516.78 805.89 506.95 111. 34 542.65 581.59 590.51 532.04 478.67 798.06 499.54 180.00 210.09 41. 20 180.56 70.29 111.92 520.75 144.63 499.57 96.32 209.10 80. reg hrs. 80 reg hrs. 80 reg hrs. 80 reg hrs. 80 reg hrs. 80 reg hrs. 80 reg hrs. 70 reg hrs. Motor Vehicle 80 reg hrs-2 on call 80 reg hrs. 80 reg hrs. 80 reg hrs. 80 reg hrs. 80 reg hrs. 80 reg hrs. 36 reg hrs. 57 reg hrs. 8 reg hrs. 41 reg hrs. 15.5 reg hrs. 26 reg hrs. 80 reg hrs. 36 reg hrs. 80 reg hra. 20 reg hrs. 48 reg hrs. Total General Total Liquor 8,543.71 2,763.97. Total General Total Liquor 60,819.12 21,804.16 TOTAL 82,623.28 ocr 13_ H. Kelsey Page Attorney at Law 17717 Highway 7 Minnetonka. Minnesota 55345 (612) 474-4406 October 8, 1987 Shorewood City Council 5755 Country Club Road Shorewood, MN 55331 Re: Revision of Sideyard Setback Requirements on Lakeshore Property - Planning Commission Meeting of October 6th, 1987 near City Council Members: Greetings. T communicate with you as legal counsel for the owners of the property located at 26980 Edgewood Road, Shorewood, MN. which property is affected by the proposed change in sideyard setback requirements currently under consideration. T have several comments to make concerning the proposed change in requirements and the Planning Commission meeting of October 6th, 1987. My clients support the position of Mr. Nielsen, your City Planner as expressed at the Planning Commission meeting. Mr. Nielsen's position that the granting of numerous variances from the sideyard setback requirements regarding lakeshore property has created a situation whereby some property owners are being granted variances and some denied without adequate foundation in the ordinance provisions. Mr. Nielsen cites various cases of variances being granted since 19~5 as illustrative of the granting of variances where he perceives hardship was not present, as required by your ordinance. We concur in his assessment. Mr. Nielsen makes the further point that 89% of Shorewood has already been developed under the pre-1985 20' sideyard setback regulatory scheme, leaving a small group of widely scattered lots which are now subject to more stringent requirements simply because they are lakeshore property. . Such a situation is not only inequitable but unfounded in logic. This inequity is further compounded by' the fact that the 1985 increased restrictions have rendered properties unbuildable which were previously buildable in spite of special assessments for sewer being levied and paid on those properties as buildable lots. My clients property has also continued to be taxed as buildable. The point was made by Mr. Watten at the Planning Commission meeting that he perceived the distinction, regarding more stlYingent sideyard requirements governing lakeshore lots to have been originally adopted so as to provide the public passing by lakeshore areas a full view of the majesty of Lake Minnetonka. If this is the rationale which was in fact the basis for the ~Ol lakeshore sideyard setbacks it certainly is questionable. Such a rationale totally ignores the rights of the property owners to --..--. ---"-J ...., "'I'" c..c"...~~ uy I..nel r PUD 11 C Iy elected council memberShip. Certainly his "no" vote must be viewed. in.t~at light. Mr. Schultz's argument that there is no truly Justlflable rationale for the present distinction regarding lakeshore ~nd non-lakeshore property certainly appeared the better cons1dered approach. -' ~ Dowden Cablesystems October 2, 1987 Dear Cable Commission Member:- After considerable discussion and consideration the Dowden Board of Directors has determined that the possibility and desirability of the sale of all of Dowden's properties should be explored. I am informing you of the possible change at this time to quell any rumors or misinformation that you might hear. As you know there is a general trend in the cable industry to combine into larger and fewer cable companies. This could happen to Dowden,- but only if it makes good economic sense. We are mindful of our obligations to the communities that we serve and the heightened obligations of cable companies that are extant in Minnesota. Keep in mind that such transfer of Dowden properties is only a possibility and that Dowden will not do so unless it makes good business sense. Be assured that we will keep you informed of any significant developments that may occur. For your information I am enclosing an article on Dowden's listing which appeared in Multi-Channel News, a weekly cable industry publication. As always Dowden Cablesystems has appreciated the consideration you have given us. If you have any questions concerning this matter, please do not hesitate to contact me. Sincerely, ';yLdA.~~ Mary A. Smith Regional Manager Enclosure MAS:ko Managed By Dowden Cable Partners, L.P., 2381 Wilshire Boulevard, Mound, Minnesota 55364 (612) 472-6394 OUR WORTH ONG BEFORE THE DEAL IS DONE. before a deal closes, CPA begins working to get the highest prices and. able terms for our clients. ly, we use fmanciaI analyses and romparable sales data to analyle a. system ket. Then we put together a sales information package that can actually e property value. The package is selectively distributed to pre-qualified . FinaI1); CPA acts. as agent for clients throughout the negotiation process. comp:-ehensire approach to selling cable t.v. systems has meant a lot to . ents since 1973. Let us prove it to }OO. Blvd., Suite 85I,1hmpa. FL 33609 81:wn~ , Je, Chainnan, Harold D. Ewen, President N.W, Suite 260, Wlshington. OC 20036 2OVT13-1400 Managing Director and Group \'ice Presiderd-CGrporate finance ~' 9'" ... 'I . , .....:.'.. t., .,~ '. 1-:'" ~ 1 COMMUNICATIONS EQUllY ASSOCIATES . the Nltional Associalion ~ Securities DeaJen. Inc, and ib . are IIltIlIben fII the NASD and SIPC. -..... ~, .....>1&-.. , . Dowden Cable Systems Usted for Sale with CEA ATLANTA-Dowden Commu- nications Inc.1is&ed ita cable 1)''- tern., with about .50,000'" ecriDera, lor sale with' Commu- nications Equity Associates JDc., acrording to Dowden president II Tom Dowden. . . . The 8)'Btema, an JOcated in the I' Midwest, are arranpl in three planned c1u.stera in the states 01 Mioneeota,Iowa. Wieooneio aud 11Iinoia. . 'l"he 1)'BtaIlI. are DeW properties, built up tJuoOpfno.. chism" Mr. DowdeD ..id. "We'~p.t""_." ,'. ft. . Mr. Dowder..... W~tIrl . " "We're IookIDg at aetdncJDto cellular telephone and owneaa investments, " he aaid.. . The. ayatems, aD about three or four yean old. are ~uipped .~.~~ eaid Iut"'" . CEA it in the ~ " pre~. the documeDta lqr. the '~wdeD ~O .~.. '1,,-