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110987 CC Reg AgP CITY OF SijO_REW.oOD REGULAR COUNCIL'MEETING w ~ MONDAY, NOVEMBER 9, 1987 COUNCIL ~~BF,RS 5755 COUNTRY CLUB ROAD 7:30 P.M. AGENDA \". CALL TO ORDER ....~. A. Pledge of Allegiance ~ v/ J/ c/o v/ B. Roll Call Haugen Stover Gagne Brancel Mayor Rascop 1. APPROVAL OF MINUTES A. Regular Council Meeting - October 26, 1987 (Att.No.lA-Minutes) B. Special Council Meeting - November 2, 1987 (Att.No.lB-Minutes) 2. MATTERS FROM THE FLOOR A. B. 3. PLANNING COMMISSION REPORT A. B. 4. PARK COMMISSION REPORT A. B. 5. CONSENT AGENDA A. Insurance Renewal (Att.No.5A-Staff Report) B. Speed Zoning Recommendation - Timber Lane (Att.No.5B-Staff Report) C. MWCC-EasementRequest for Cathcart Park (Att.No.5C-Staff Report) -1- AGENDA MONDAY, 'NOVEMBER 9, 1987 .. PAGE TWO /' 5. CONSENT AGENDA - CONTINUED D. Tax Forfeit Property - Gideon's Orchard Monument (Att.No.5D-Staff Report) E. Payment Voucher - Project 86-3-Smithtown Road - VolkTrucking and Excavating (Att.No.5E-Payment Voucher) Moved Seconded Vote 6. REQUEST FOR APPROVAL'- ESTABLISHMENT OF A MAINTENANCE AND REPAIR FUND - RILEY/PURGATORY WATERSHED DISTRICT (Refer to October 26, Packet) 7. SIMPLE SUBDIVISION Applicant: Judy Cross Location: 24250 Smithtown Road (Att.No.7-Staff Report) " 8. BAYSWATER ROAD - PROPERTY DISPUTE 9. ATTORNEYS REPORT A. B. 10. ENGINEERS REPORT A. B. 11. ADMINISTRATIVE REPORT A. Status Report - Sale of House B. Manor Park - Additional Property Purchase Update -2- AGENDA"" MOND~Y, NGVEMBER 9, 1987 PAGE THREE ,. 11. ADMINISTRATORS REPORT - CONTINUED C. Glen Road Drainage Study Status Report D. Set Special Meeting - City Hall Addition Bids November 30, 1987 - 7:30 p.m. E. Set December Meeting Schedule F. 12. MAYORS REPORT A. B. 13. COUNCIL REPORT A. B. 14. APPROVAL OF CLAIMS AND ADJOURNMENT -3- · CITY OF SHOREWOOr. REGULAR COUNCIL M ... NG MONDAY, OCTOBER 26, 1987 ~OUNCIL CHAMBERS ....-'-755 COUNTRY CLUB ROAD 7:30 P.M. M IN UTE S CALL TO ORDER The Regular Council meeting of the Shorewood City Council was called to order at 7:30 p.m., Monday, October 26, 1987, in the Council Chambers by Acting Mayor Haugen. PLEDGE OF ALLEGIANCE AND PRAYER ~~ayor ~tb'1' opened the Regular Council Meeting with the Pledge of Allegiance and a prayer. ROLL CALL Present: Mayor Rascop, Councilmembers Haugen, Stover, and Brancel. Gagne was absent. Staff Attorney Froberg, Engineer Norton, Administrator Vogt, Planner Nielsen and Deputy Clerk Niccum. . . APPROVAL OF MINUTES Brancel moved, seconded by Stover, to approve the minutes of October 13, 1987 as amended. MATTERS FROM THE FLOOR REMOVAL OF ITEM 5F FROM CONSENT AGENDA Stover moved, seconded by Brancel, to remove item #5F,RAcceptance of Proposal for House Demolition - 5620 County Road 19H,from the Consent Agenda, per James Miles request, for separate action. Motion carried - 3 ayes, (Rascop and Gagne absent for vote). Mayor Rascop arrived at 7;37 p.m. COMMEND TWINS ON WORLD SERIES CHAMPIONSHIP RESOLUTION NO.136-87 Haugen moved, seconded by Stove r , that the Cit:;{ of Shorewood, representing its citizens, express their pride in the Minnesota Twins and their whole organization for winning the 1987Wor.ld Series. Motion carried by Roll Call Vote - 4 ayes. PLANNING COMMISSION REPORT Planning Commission Liaison Stover willreport.on>theiitems appear. -1- , MINUTES ~ MONDAY, OCTOBER 2~987 PAGE TWO PARK COMMISSION REPORT Park Lia~son Brancel made the report. Manor Park Warming House/Pavilion . Brancel moved, seconded by Stover, to have Administrator Vogt get specifications, to include the Planners recommendations, done by a certified architect and put the warming house/pavilion building up for bids; and that Administrator Vogt seek estimates on putting in a well. Motion carried - 4 ayes. Manor Park - Possible Walz Property Purchase for Parkland Brancel moved, seconded by Stover, continue to negotiate with Mr. Walz property, not to exceed the maximum Commission. Motion carried - 4 ayes. to have on the amount Administrator Vogt purchase of the set by the Park CONSENT AGENDA Stover moved, seconded by Haugen, that item i5C, Acceptance of Improvements for "McKinley Place at Near Mountain" and "Sweetwater at Near Mountain" be removed from the consent agenda for separate action. Motion carried - 4 ayes. RESOLUTION TO APPROVE MWCC REQUEST FOR TAPPING CONNECTIONS 5650 Grant Lorenz Road 5486 Covington Road RIGHT OF ENTRY AGREEMENT S.E. AREA WATER TOWER SITE RESOLUTION NO.137-87 RESOLUTION NO.138-87 RESOLUTION NO.139-87 Administrator agreement and agreement. Vogt recommends adopting a resolution approving the authorizing the Mayor and City Clerk to execute the APPROVAL OF PLANS AND SPECIFICATIONS FOR LAKE VIRGINIA LIFT STATION AND FORCE KAINS RESOLUTION NO.140-87 OSM has reviewed the plans relative to any impact the construction will have on public and private facilities. PAYMENT VOUCHER - S.E. AREA PUMPHOUSE - 86-IC Engineer Norton recommends approval of payment of Voucher No. 2 to A & K Construction, Inc. in the amount of $58,273.32 for work done on the S.E.A~~a Pumphouse and Appurtenant work. Haugen moved, ~econded by Brancel, to approve the consent items as requested. Motion carried by Roll Call Vote<- 4 ayes. -2- , MINUTES ~ MONDAY, OCTOBER 2~987 PAGE THREE . ACCEPTANCE OF IMPROVEMENTS MCKINLEY PLACE AT NEAR MOUNTAIN SWEETWATER AT NEAR MOUNTAIN RESOLUTION NO.141-87 RESOLUTION NO.142-87 Stover asked Engineer Norton, regarding McKinley Place, about the portion of road to be excluded from his recommendation. Administrator Vogt clarified a change that has taken place "Chestnut Ridge at Near Mountain 9th Addition" has been changed to "McKinley Place at Near Mountain. Stover moved, seconded by Brancel, to approve the improvements for "Sweetwater at Near Mountain" and "Chestnut Ridge at Near Mountain 9th Addition" (now known as Mckinly Place at Near Mountain) with the exception of that portion of Near Mountain Boulevard south of Chestnut Terrace where the final lift of bituminous has not been placed. Motion carried by Roll Call Vote - 4 ayes. ACCEPTANCE OF PROPOSAL FOR HOUSE DEMOLITION - 5620 COUNTY ROAD 19 Mr. Jim Miles was present to request that the home located at 5620 County Road 19 be burned rather than torn down. He bought the property last July, attempted to have it burned, then stopped the burn due to legal problems. He has sold the property and it will be developed. He has cut the utility lines, capped the well, and made arrangements to have the basement filled. The Fire Department will burn it for $500.00, the City bids are around $7,500.00 to have it razed, he feels he could get it done cheaper. He is strongly objecting to having it razed at such a high cost and is again requesting permission to burn. Mayor Rascop said the Council has discussed traffic problems and water availability at length. .. Doug Sweeney, Fire Chief, said the most ideal situation would be to block County Road 19, which could cause a traffic snarl and result in SLMPSD having to callout reserve officers. It would also require permission from the Plaza to route cars through that area. He said another way it could be done would be a dump tank operation. This would involve parking their vehicles in "Shorewood Place". This would also involve getting water from the nearest hydrant, which is in Tonka Bay. If they didn't approve it, water would have to be hauled from Excelsior. Three to four lines would be run up the road and would not interfere with traffic. A burn would .alsodamage trees. Haugen asked if this operation is harder, Sweeney said yes, but good practice on conserving water. Haugen said, because the dump tank method is usually used in Shorewood, she would like them to get the practice. Council showed some concern over tree damage, then Mr.. Richard Dreher of Dreher & Associates said he is purchasing the property, and explained what his plans are. He has already talked to the Planner and is proposing a 20,000 square foot shopping area on two properties. He would be removing the trees anyway. He wants to begin construction .aroundMarch 1,1988. -3- MINUTES MONDAY, OCTOBER 2~987 PAGE FOUR . ACCEPTANCE OF PROPOSAL FOR HOUSE DEMOLITION - 5620 COUNTY ROAD 19.- CONTINUED , Stover felt the neighbors should be considered and they want it down as soon as possible. Chief Sweeney said they're fairly busy and it could take up to three months. Administrator Vogt said the cost without capping the well would be $6,500.00. Haugen asked if there is a time limit on quotes? Vogt said 45 days. Haugen moved, seconded by Stover, to allow the burn by the Fire Department and owner if it can be done within the next two weeks (November 9, 1987) otherwise the City will raze the house, using the lowest quotation. Haugen moved, seconded by Stover, to amend the motion to include that the dump tank method be used in case of burning. Motion carried -.4 ayes. Chief Sweeney will know by Friday, October 30, 1987, if a burn is possible. CONDITIONAL USE PERMIT - SHOREWOOD CITY HALL EXPANSION RESOLUTION NO.143-87 Stover reported that the Planning Commission recommended a Conditional Use Permit with various conditions. The Commission felt strongly about the ~onditions and would like to see the Council make some arrangements for funding so the recommendations could all be done within the next year. Nick Ruehl fron EOS was present to answer any questions the Council may have. Planner Nielsen said a site survey has been received from the Engineer. He said the costs of site improvements have to be looked at, that they could be prioritized and fit into the budget. Stover moved, seconded by Brancel, to approve the City Hall expansion to include the Planner's recommendation in his October 20, 1987 report with the intentional exclusion of item #5, the berm, because of the possibility ofa change of location of the Public Works Department if there is no change #5 will be dealt with at a later date. Motion carried by Roll Call Vote - 4 ayes. -4- MINUTES MONDAY, OCTOBER 2.1987 PAGE FIVE . WETLAND ALTERATION PERMIT REQUEST - JOHN PASTUCK 20345-47 EXCELSIOR BOULEVARD Planner Nielsen and Engineer Norton reviewed their reports. Planner Nielsen said the material sent by the DNR gives criteria for evaluation, particularly the dugout area. Engineer Norton said that although a standard plan to handle wetland alterations would be nice, he thought they should be dealt with on an individual basis. He said the application meets the basic dugout criteria. The filtering capability of this wetland will not change because it's landlocked. He feels it would be a positive move. He did discuss the shape of the proposed area, saying an oval shape was chosen, but three other shapes are more highly recommended, and he would like to see the shape changed to include inlets. Mayor Rascop asked if there would be any effect on groundwater restoration? Norton said it would be dug to approximately 4' and in dry weather it could dry up, other than that, no. Engineer Norton also said Mr. pastuck should provide information on what neighbors will be affected by the wetland change, and if they are for or against the change. J "tJ A -:J Haugen asked if there was any way it could drain into ~ur~a~o~hv ~ Engineer Norton said the drainage goes in a northerly direction. It could percolate in, however. Mayor Rascop said no action will be taken at this time, Council will wait for information and recommendations from staff. BRENTRIDGE WATERMAIN OVERSIZING CREDIT RESOLUTION NO. 144-87 Engineer Norton has recommended that the Brentridge development, instead watermain, in order to provide the development. The difference in cost is a 12" watermain be of the developer's water necessary $23,685.00. run through proposed 6'1 for future Mr. David Johnson was present to inquire into the method of payment by the City. Administrator Vogt said Attorney Froberg has drafted a resolution regarding payback and connection charges. Attorney Froberg presented and explained the resolution, including an explanation of the mechanics of handing without changing the development agreement or the ordinance. Administrator Vogt explained the connection fee and the oversJ.zJ.ng fee. He also explained that a separate fund will be developed so that transactions can be followed. .>} Haugen moved, seconded by Stover, to accept the resolution providing for the issuance of a special credit against municipal water connection charges for the construction of oversized watermains within the plat of Brentridge. Motion carried by Roll Call Vote - 4 ayes. -5- MINUTES MONDAY, OCTOBER 2A 1987 PAGE SIX _ . ;'~, ORDINANCE NO.202 Stover moved, seconded by Haugen, to waive the second reading, and to accept the amendment of chapter 901 of the Shorewood City Code, renaming Daniel's Circle as Maple Leaf Circle, and David's Court as Burlwood Court. These streets are located in the plat of Shorewood Oaks. Motion carried by Roll Call Vote - 4 ayes. CONSTRUCTION AGREEMENT FOR CHRISTMAS LANE CUL-DE-SAC AUTHORIZE CONSTRUCTION OF CUL-DE-SAC RESOLUTION NO.145-87 RODNEY H. PETERSON/CUL-DE-SAC SUBDIVISION RESOLUTION NO.146-87 Mr. John Cousins, representing RCDS Development Corporation", and the Christmas Lake Homeowner's Association, was present to state that they wish to complete the cul-de-sac this fall before the asphalt plants shut down. He said they still have an existing problem regarding a title exception, they are working on this- with the City Attorney. Attorney position they are receiving fall. Froberg asked if they anticipated they would be to sign the agreement within two weeks? The answer was asking approval of the resolution tonight contingent the needed information, in order to expediate work in a yes, upon this Attorney Froberg said a second resolutio~ regarding a lot split woOld also be necessary because part of the proposed cul-de-sac property will be split- off the Peterson property and conveyed to the City'. Relative to paragraph 15 of the Construction Agreement, Mr. Cousins requested 10 days to get the project started, rather than completed. Attorney Froberg agreed to this if there was a 90 day completion date added. He also said he is comfortable with a Quit Claim Deed if a title insurance policy is provided. Mr. Cousins discussed using RSafe HitsR, a post above the ground that is flexible and would admit emergency vehicles. There would be a tapered curb on each end. Engineer Norton mentioned snowplowing. ~ said if the plow was lifted 6R when going over the posts and relowered, he thought it would work. ,AP1~~ Fire Chief Doug Sweeney stated they are concerned about their equipment, andr if any damage is done going over these posts, whoever put them in or approved them will be held responsible. Robert Fayfield said the "Safe Hits" do unscrew, and if any problems arise they can be taken out. He volunteered to drive his car over them 3 to 4 times. Engineer Norton said the Minnesota Department of Transportation says that in this part of Minnesota no blacktopsaould be put down after November 1, it goes on to state they may be allowed to do so after November 1, based on the project Engineer's 'discretion. He said if it suddenly turned cold an infer~or project could be the result. -6- MINUTES . MONDAY, OCTOBER , 1987 PAGE SEVEN . CONSTRUCTION AGREEMENT FOR CHRISTMAS LANE CUL-DE-SAC - CONTINUED Administrator Vogt said several items also need to be discussed: 1. A Letter of Credit for 150% of the amount of construction. 2. Insurance per development agreement of $1,000,000.00 single family limit liability. 3. Title Problem cleared up. 4. Preconstruction meeting set. 5. Outstanding Engineer and Attorney bills paid. These would have to be taken care of before the resolution could be released. Cousins said they have the Letter of Credit and Insurance already, and are ready to take care of the rest as soon as possible. Haugen moved, seconded by Brancel, to au~horizing the cul-de-sac construction on the Attorney's and Engineers approval of and schedule construction meeting. Motion - 4 ayes. approve the resolution Christmas Lane subject to appropriate documentation carried by Roll Call Vote Haugen moved, seconded by Brancel, to approve the resolution approving the subdivision of Real property, subject to receipt of proper documentation by the Attor"ney and City Administrator relative to proper title, the provision of title insurance, and execution of the development agreement. Motion carried by Roll Call Vote - 4 ayes. REOUEST FOR APPROVAL ESTABLISHMENT OF A MAINTENANCE AND REPAIR FUND - RILEY/PURGATORY WATERSHED DISTRICT Administrator Vogt explained the request. Discussion followed. Haugen moved, seconded until the next meeting. by Stover, to table the request for approval Motion carried - 4 ayes. ATTORNEYS REPORT Boulder Bridge Pay Back Request Engineer has sot.he scheduled Vogt has received felt were due as Bridge and Shorewood l1ook-upshavebeenmade, Froberg said Administrator Wartman concerning sums he connections between Boulder Attorney's opJ.nl.on is that no payment is due at this time. Haugen moved ,seconded by Rascop , to send .a >.response stating the Attorney's opinion. Motion carried -4 ENGINEERS REPORT Preliminary Schedule -Water Tower preconstruct ion meeting has been the Engineering drawings and approvals be put in this fall. Steel for . the .-elevated MINUTES MONDAY, OCTOBER. 1987 PAGE EIGHT . PLANNERS REPORT Reauest for Leave of Absence - Pat Mason Rascop moved, seconded by Stover, to approve a leave of absence for Planning C.ommissioner Pat Mason until April 1, 1988. Motion carried - 4 ayes. ADMINISTRATORS REPORT Piscuss Tax Forfeited Property Use 0~J) lL(7~ t1 Administrator Vogt explained PID 32-117-23-24-0011, has putting it on hold. that a 10.44 acre piece of property, come up for tax forfeit and suggested Haugen moved, seconded by Stover, to have Administrator Vogt contact the County and put the property (32-117-23-24-0011) on hold from any further action at this time pending completion of a needs analysis. Motion carried - 4 ayes. Set Executive Session - Union Negotiation Strategy The meeting is set for November 2, 1987 at 7:30 p.m. Computer Expansion Staff is looking at an IBM System 36 program compatible with our existing equipment. This would allow everyone to have their own terminal to be feeding into one area. Mayor Rascop asked if a data base would be established, and if so, what would be feed into it? Vogt said several things, property management, utility billing, word processing, etc. He said they are in the infant stage of looking at this. Shelly needs something, finance is looking for an acceptable accounts payable package, general ledger, and aren't finding anything that will work on a micro computer. It gives opportunity to expand the system so each one can have access and get away from buying a processor for each particular use. Administrator down with a to the system Vogt said were looking at software first, <have sat representative to find out 1rlhatsoftwareis..compatible we're looking at. -8- like to >s.ee>Administrator oownthe types of applications into, then have Ev .,0 rsomeof with, to come upwith.software that same way. . .He will not Be do.es not want to get into our own software, he wants a set ,.~.. Mayor Rascop said he feels what he'd do is to have each department write and programs they would like to get the consultants we've been working packages and go at it again in recommend buying any hardware. situation where we have to write of goals from each department. MINUTES MONDAY, OCTOBE., 1987 PAGE NINE . ADMINISTRATORS REPORT - CONTINUED Computer Expansion - Continued Council felt Vogt should keep looking but not buy hardware at this time. Street Light Request- WCL Acres - End of Charleston Circle in Cul-De-Sac Rascop moved, seconded by Haugen, to have Administrator Vogt contact NSP for installation of a street light at the end of Charleston Circle in the cul-de-sac. Motion carried -4 ayes. City Owned House - 5790 Country Club Road Vogt informed the Council the house is not sold yet. Freeman Park - Consideration of Culverts Under Walking Trails Brancel n~ved, seconded by Stover, to direct Engineer Norton to recommend pipe sizes and estimate cost for culverts under trails. Motion carried - 4 ayes. Freeman Park - Grading Plan Request Brancel moved, seconded by Haugen, to have OSMredo the Freeman Park grading plans, leaving trees, omitting the berms, putting the southernmost ballfield and parking lot on hold, and that staff go out for bids and have the grading and seeding done as soon as possible. Motion carried - 4 ayes. Rascop said when thats done he does not want anything done to obstruct eventual new ballfield. MAYORS REPORT House The people that were going to rent the house have found somewhere else. Prosecution of Municipality Cases Mayor Rascop asked that a letter be sent to Steve Smith, Smith-Fisher Law Firm, thanking them and declining their offer to prosecute the City.smunicipalcasesat this time, and telling them that they usually make these decisions the first of the year and they are welcome >to submit information /at that time. -9- MINUTES MONDAY, OCTOBE~, 1987 PAGE TEN ,., . MAYORS REPORT - CONTINUED Hennepin County - Minnetrista Parkland Mayor Rascop brought the Council up to date on the proposed park, saying Minnetrista refused to condemn the land. As a result, a change of area has taken place in the land requested for the required 200 acre park. He pointed out the changes being considered on a map and stressed the fact that Shorewood property could eventually be involved, and it would be wise to keep abreast of whats going on. SLMPSD Mayor solved basis. Rascop announced that SLMPSD had the highest number of cases in Hennepin County this year according to a percentage ADJOURNMENT Haugen moved, seconded by meeting of Monday, October approval of claims for payment. Brancel, to adjourn the Regular Council 26, 1987, at 10:36 p.m. subject to Motion carried unanimously - 4 ayes. GENERAL AND LIQUOR FUNDS - ACCT. NO. 00-00166-02 Gener-al Liquor Checks #05l650~051739 $248,994.87 $36,682.70 Payroll Checklist: Checks #201608-201633 Total S 8,390.88 S 2,695.09 $257,385.75 $39,377.79 RESPECTFULLY SUBMITTED, SN/slq Robert Rascop Mayor Sue Niccum Deputy Clerk -10- . . CITY OF SHOREWOOD SPECIAL COUNCIL MEETING MONDAY, NOVEMBER 2, 1987 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. MINUTES CALL TO ORDER The Special Council Meeting of the Shorewood City Council was called to order at 7:33 p.m., Monday, November 2, 1987, in the Council Chambers by Mayor Rascop. ROLL CALL Present: Mayor Rascop, Councilmembers Stover, Gagne, Brancel and Haugen (Arrived at 7:37 p.m.). Staff . . Administrator Vogt, Karen Olsen (Labor Relations Associates). EXECUTIVE SESSION - UNION NEGOTIATION STRATEGY SESSION Mayor Rascop opened the Executive Session to discuss Union Negotiation Strategies at 7:34 p.m. Session was closed at 8:28 p.m. ADJOURNMENT Rascop moved, seconded by Gagne, to adjourn the Special Council Meeting of November 2, 1987, at 8:28 p.m. Motion carried unanimously. RESPECTFULLY SUBMITTED, Robert Rascop Mayor Daniel J. Vogt City Administrator DJVjslq ') CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY. 3 NOVEMBER 1987 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. M I NUT E S CALL TO ORDER Chair Watten called the meeting to order at 7:30P.M. ROLL CALL Present: Chair Watten: Commissioners Leslie. Mason. Schultz. Spellman: Council Liaison Stover: Planner Nielsen: Planning Asst. Helgesen. Absent: Commissioners Benson and Robertson (excused). APPROVAL OF MINUTES Leslie moved. seconded by Mason to approve the minutes of 20 October 1987 as written. Motion carried unanimously. 7:30 P.M. PUBLIC HEARING - SIMPLE SUBDIVISION/COMBINATION AND VARIANCE John Sayer - 22230 Mur~ay Street Mr. Sayer was present to request approval of a lot combination and simple subdivision of property he owns located midway between Cardinal Drive and Apple Road. He currently has three separate parcels of land. a combined total of 385.416 square feet. He wishes to combine the three parcels and then subdivide it into two parcels containing 206.820 sq. ft. and 178.596 sq. ft. The southerly parcel does not have frontage on a public r.o.w.. for which he is requesting a variance. The southerly parcel abuts the Chanhassen City border and the applicant has obtained an access easement through a lot in Chanhassen to serve that parcel. Barbara Dacy. Chanhassen City Planner. was present and told the Commission that at its 2 November meeting the Chanhassen City Council voted to not allow access through Chanhassen to any further subdivision of the southerly parcel. Public portion of the public hearing opened at 7:39P.M. Becky Hoops. Murray St. . asked how access would be gained to this property if denied through Chanhassen. Planner Nielsen said that if adjacent landowners cooperated. they could create access through .theirproperties. Public portion of the public hearing closed at 7:42 P.M. Leslie questioned the possibility of access from Stratford Place.flannerNielsensaid that houses and topographypreclude~cess Leslie asked why the ChanhassenCityCouncil chose to deny further access. Ms. Dacysaid that the concern as to whom would serve for public safety and street maintenance was a major factor. She said the Councilseemed-opentofurthersewer'8ervice fromChanhassen. but is opposed to access use. Planner Nielsen said that Shorewood would most likely serve the public safety aspect. The Commission discussed alternate access sites. noting topography ass problem in areas. .~ Minutes Planning Commission Meeting 3 November 1987 Mr. Sayer said that he is only asking to create one lot for now needing service from Chanhassen. but he desires to maintain the option of three lots and he will speak with the Chanhassen Council about that. He said he is agreeable to entering into a development agreement between the two cities and himself as suggested in the Planner's report. Leslie moved. seconded by Spellman to recommend to Council approval of the subdivision and variance subject to the Planner's recommendations: prior to release of the Council resolution approving the request. the applicant must submit an up-to-date (within 30 days) title opinion for review by the City Attorney. The division and combination must be recorded within 30 days of the applicant's receipt of the resolution approving the request. The resolution should also stipulate that any further division of either parcel will be done by formal plat. SIMPLE SUBDIVISION John and Judy Cross - 24250 Smithtown Road Mr. Cross said that he owns 7.5 acres of land behind the Tonka Bay shopping plaza with a house located at the front end of the property. He would like to divide off approximately one acre with the house on it from the remainder of the land. Spellman moved. seconded by Leslie to recommend to Council approval of the subdivision in accordance with the Planner's recommendations: 1. The applicant should consider reducing the size of the lot with the house on it in order to achieve seven lots 30.000 square feet in area on the northerly portion of the property. 2. The applicant must submit an up-to-date (within 30 days) title opinion for review by the City Attorney. 3. The applicant must provide drainage and utility easements. 10 feet wide. along the north. west and east property lines of the lot with the house on it. Easements on the undeveloped portion of the site can be obtained at such time as it is developed. 4. The applicant must pay a park dedication fee for the vacant lot. ($500). Credit is given for the lot with the house on it. 5. An old garage located on the undeveloped portion of the property must be removed. If the applicant proposes to remove it after the division is recorded.a$lOOO letter of credit should be required to ensure that the building is removed within 180 days. 6. A number of boat trailers and cradles are .currentlybeingstorecLatthe rear of the site. These should be removed prior to release of the resolutionapproving.the division. 7: The preceding conditions should be satisfied within 30 days of. the Council's approval of the request. Once the applicant receives the resolution. heJm1strecord it within 30 days of that date. . 8. The Council resolution should require that any further division done by formal platting. Minutes Planning Commission Meeting 3 November 1987 MATTERS FROM THE FLOOR Planner Nielsen reported that the City Attorney has submitted a statement regarding undue hardship. The Commission agreed to study this at their 1 December meeting. REPORTS Stover reported that the burned-out house at 5620 County Road 19 will be burned by the Fire Department this Thursday. 5 November 1987. The Christmas Lake cul-de-sac has been approved. ADJOURNMENT Leslie moved. seconded by Spellman to adjourn the meeting at 8:47 P.M. Motion carried unanimously. Respectfully submitted. Patti Helgesen Planning Assistant ~ . . . . MAYOR Robert Rascop COUNCI L Jan Haugen K risti Stover Robert Gagne Barb Brancel ADMINISTRATOR Daniel J. Vogt CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474.3236 MEMO TO: Mayor and Councilmembers Dan Vagt IifY November 2, 1987 FROM: DATE: SUBJECT: Insurance Renewal Attached you will find insurance renewal information received from our insurance agent, Ken Jarcho. As can been seen, overall rates have actually dropped. As is normal practice, various insurance vendors were looked at to try to reduce premiums. Again, North Star Risk Services through the League of Minnesota Cities Insurance Trust is our best insurance purchase. Due to the favorable rates and coverages, ratification of the November 1" 1987 - November 1, 1988 insurance renewal is recommended as follows: League of Minnesota Cities Insurance Trust Package Policy Business Auto Policy Umbrella Workers Compensation United Fire & Casualty Blanket Bond Dwelling at 5795 Country Club Road Transcontinental Insurance Liquor Liability Total Insurance Renewal $29,853.00 $ 3,646.00 $10,345.00 $17,175.00 $ 616.00 $ 535.00 Company $ 8,500.00 $70,670.00 This item appears on the consent agenda of the November 9, 1987 Council meeting for action. Please contact me prior to the meeting if you have any questions. cc:Ev Beck Ken Jarcho A Residential Community on Lake Minnetonka's South Shore ~ <- <- t\~RIPI't BUSINESS FORMS. BOX "9". EXCELSIOR MINN. 55331 lli@1j)~ ~@[il)@ .(-SEND WHITE & P~NK COPIES INTACf.r, . WHITE COpy WILL BE RETURNED WITH REPLY. OCT. 1987 ( -0 SO.7.... TO FROM Dan Vogt CITY OF SHOREWOOD 5755 Country Club Road Shorewood, Minnesota OCT 301987 KEN JARCHO AGENCY KEN JARCHO DBA: INSURANCE ASSOCIATES Complete Insurance Agency 8933 Lyndale Ave. South . Minneapolis, MN. 55420 Phone(612)8~2358 55331 SUBJECT DATE 1987-1988 REnewal Policies 10/29/87 MESSAGE: Per your telephone conversation with Ken, we ha~e requested renewal on your Package, Business Auto and Umbrella policies frolllLeague of Minnesota Cities per your copy of our memos to them which we are enclosing. They will forward binders and invoices directly to you. I an also enclosing a premium comparison sheet which indicates the total premiums you pnid last year and the renewal premiums for the coming year. Thnnks much for this renewal business. If you have any questions or would like any changes made please give us a call. ORIGINATOR-DO NOT WRITE BELOW THIS LINE REPLY TO . SIGNED REPLY Sincerely, ~~ lJan Eggers. Ken Jarcho AGency jee DATE SIGNED SEND PARTS I AND 3 INTACT -PART' WILL BE RETURNED WITH REPLY RM-'7 RETURN TO ORIGINATOR .. . POLICY Package Policy Business Auto Umbrella Liquor Liability Blanket Bond Workmen's Compensation . Totals: Dwelling located at 5795 Country Club Road, Shorewood CITY OF SHOREWOOD 1987 to 1988 PREMIUM COMPARISON 11/1/86-11/1/87 ANNUAL PREMIUM $ 28,609.00 3,664.00 10,621.00 9,033.61 616.00 17,859.00 70,402.61 535.00 " . 11/1/87-11/1/88 ANNUA l~ PREMIUM $ 29,853.00 3,646.00 10,345.00 8,500.00 616.00 17,175.00 70,135.00 535.00 ~ . MAYOR Robert Rascop COUNCI L Jan Haugen K risti Stover Robert Gagne Barb Brancel ADMINISTRATOR Daniel J. Vogt . ... 5755 COUNTRY CLUB ROAD . SHOREWOOD. MINNESOTA 55331 · (612) 474-3236 CITY OF SHOREWOOD MEMO TO: Mayor and Counci1members FROM, Dan VOgt~ DATE: November 2, 1987 SUBJECT: Speed Zoning - Timber Lane The Minnesota Department of Transportation (MnDOT) has completed its engineering and traffic investigation to determine a speed limit for Timber Lane as requested by the City Council on July 13, 1987. MnDOT has recommended the installation of 20 MPH speed limit signs on Timber Lane. Also recommended are curve signs with advisory speed plates and the removal of vegetation on the inside of the two curves to improve sight distances. Relative to removal of vegetation, Public Works and/or Hennepin County Railroad authority can take care of this to improve sight distances. Upon review of the roadway with staff including Chief Young relative to the curves, it is recommended that arrows be placed at the sharp curve near the railroad tracks. It is not felt that advisory speed plates are necessary especially since the roadway is likely used by local residents who drive the road daily and are familiar with it. Therefore, staff recommends as follows: 1. Post Timber Lane at 20 MPH. 2. Remove vegetation to improve sight distances as needed. 3. Place directional arrows at the curve near the railroad tracks. This item appears on the agenda of your November 9, 1987 Council meeting for your consideration. Please contact me prior to Monday night if you have any questions. DJV/s1q cc: Brad Nielsen Rick Young Don Zdrazil Ken Stevens Laura Tradewell ''.. A Residential Community on Lake Minnetonka's South Shore tti) ~ OF TP-..y. Minneso' Department of Transportation District 5 2055 No. Lilac Drive Golden Valley. Minnesota 55422 SEP 2 4 198-r . (612)593- 8544 September 18, 1987 Daniel J. Vogt, City Administrator City 'of Shorewood 5755 Country Club Road Shorewood, MN 55331 Re: Speed Zoning - Timber Lane City of Shorewood Dear Mr. Vogt: The engineering and traffic investigation to determine a speed limit for Timber Lane, which was requested by the City Council of Shorewood on July 13 (Resolution 89-87), has been completed. Based on investigation results and as discussed with you earlier, we have recommended a 20 mph speed limit for Timber Lane. Our recommendation will be reviewed by the state traffic engineer who will then issue a formal speed limit authorization to Shorewoodfor the new speed limit. When posting the new limit, we suggest that warning signs be installed (with advisory speed plates) for the two curves on Timber Lane where the speed limit cannot be safely maintained. Also, vegetation on the inside of the two curves should be removed where possible to improve sight distance. We have recommended authorization of the 20 mph speed limit because Shorewood preferred a regulatory speed limit for Timber Lane. As a general rule, how- ever, we do not encourage speed limits on strictly residential streets where traffic is comprised almost entirely of local residents who drive the road daily and where enforcement can be expected to be infrequent. Speed limits are more effective on collector or through streets. During the recent Wedgewood Drive speed zoning study, we noted that the speed limit was incorrect on Lake Linden Drive. At that time, you indicated a listing of authorized speed limits in Shorewood could be helpful. We have enclosed a list and the authorizations for the listed speed limits should be On file in Shorewood's records. If you have further questions, please call Ed Brown (593-8549) at this office. Sincerely, 0~~~~/ District Traffic Engineer Attachment: JSK:pl:EB An Equal Opportunity Employer OCT .198t . ~(""~NEISo~ ~ 0_ ~ r 3 ~ ~ g <1- ~- ,. OF Tf\"'~ Minnesota Department of Transportation Transportation Building, St. Paul, MN 55155 October 9, 1987 Phone 296-1154 Daniel Vogt Shorewood City Administrator 5755 Country Club Road Shorewood, Minnesota 55331 Dear Mr. Vogt: As requested by City Resolution No. 89-87, attached is authorization to erect the appropriate signs designating the reasonable and safe speeds on Timber Lane. Sincerely, ~C,~ Glen C. Carlson Assistant Traffic Engineer, Operations ~ An Equal Opportunity EmplOYi?r . Mn/DOT 29213 (12-78) . . ~ t<1i STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION Page -1.- of ..l-....Pages LOCAL STREET OR HIGHWAY SPEED LIMIT AUTHORIZATION Road Authority Date October 9, 1987 City of Shorewood Road Name or No. Timber Lane Termini of Zone: From C.S.A.H. 19 Dead End DateQf Request ' July 13, 1987 To Kindly make the following changes in speed limits on the above-referenced section. Changes authorized herein are in accordance with Minnesota Highway Traffic Regulation Ad, MoS. Chapter 169.14 andappficable subdivisions thereof.. 20 miles per hour between the intersection with County StAte Aid Highway 19 and the Northwest terminus ofT~r Lane (approximately 0.34 mile length). Please Sign ...... Here (3) White - Road Authority (1) Pink - Central Office Traffic (1) Blue - District Traffic Engineer ..for Road Authority use only Date traffic control devices changed implementing this authorization I Month-Day-Year I Signature I Title I . MAYOR Robert Rascop COUNCil Jan Haugen Kristi Stover Robert Gagne Barb Brancel ADMINISTRATOR Daniel J. Vogt . CITY OF SHOREWOOD . 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236 Mayor and Counci1members Dan Vogt Jf1f DATE: November 2, 1987 MEMO TO: FROM: SUBJECT: Easement Request for Cathcart Park - MWCC Attached you will find an Easement Agreement between the City and the Metropolitan Waste Control Commission (MWCC) for easements over portions of Cathcart Park. The easements are needed as part of a MWCC project known as the Lake Virginia Forcemain. A map of the Park (Lot 5, Schmid's Acre Tracts) is also attached which shows the easement locations. You will notice that a 5 foot permanent and a 35 foot temporary easement is required on the east side of the lot. A 20 foot temporary easement is required on the north. The easements include the right to enter the easements for purposes of construction, operations, maintaining, altering, repairing, replacing and/or removing said sewers and utilities. As additional consideration of the grant of said easements, it is proposed that the MWCC, at its sole expense, agrees to do the following: A. To provide a reasonable form of access to the above-described premises at all times during the period of construction. B. To provide a sewer stub to terminate at the City property line in such appropriate location as may be determined by the City. C. To construct a driveway west of the existing warming house extending to the City property line. Said driveway shall be paved with a bituminous mat not less than three inches thick, shall include proper curb returns,and shall be not less than sixteen feet in width. D. To replace any trees removed as a result of construction within the easements with comparable trees with the total number of caliper inches equal to trees damaged or removed to be selected by the City. E. To restore all areas disturbed by the construction to a state as near as reasonably possible to the condition which existed prior to commencement .oftheconstruction. The Park Commissionhasre\7iewedtheeasement and recommends its passage. A Residential Communiryon Lake Minnetonka's South Shore . . November 2, 1987 Easement Request for Cathcart Park - MWCC Page Two It is therefore recommended that a Resolution be adopted stating that the Easement Agreement be approved and that the Mayor and City Clerk be authorized to sign same. This item appears on the Agenda of your November 9, 1987 Council meeting for your consideration. Please contact me prior to the meeting if you have any questions. DJV/s1q cc: Glenn Froberg Sue Niccum Bob Schunicht . . FASElVlENI' AGREB\1ENl' nns INS'lRU\ENT, made this day of , 1987, by and between the Ci ty of Shorewood, a Minnesota Mmicipal Corporat ion, Grantor, and the Metropolitan Waste Control Qmnission, a duly constituted agency of the Metropolitan Council, created and organized pursuant to Minnesota Laws 1975, Chapter 13, Minnesota Statutes i473.503, Grantee; WI'INESSE'IH, that Grantor, in considerat ion of Ole Dollar and other good and valuable consideration, to it in hand paid by Grantee, the receipt of which is hereby acknowledged, does hereby grant, bargain,sell, and convey to Grantee, its successors and assigns, the following described easements for sewer and utility purposes: A perpetual easement for sanitary sewer purposes over, under and across the following described property: Lot 5, SCHVIID'S ArnE lRACfS, according to the recorded plat thereof, Carver County, Minnesota. Said perpetual easement is described as follows: The East 5.00 feet of Lot 5, SCH\IID'S ArnE lRACfS. Together wi th a tenporary easement for construct ion purposes over, under and across the above described property, said tenporary easement is described as follows: The North 20.00 feet thereof and the East 35.00 feet thereof, Lot 5, SCHVIID'S ArnE lRACfS. Tenporary Easement area excludes area taken for Peml8Ilent Easement. Tmporaryeasement to expire on or before March 31, 1989. . . The above-described easements include the rights of Grantee, its contractors, agents and employees to do whatever is necessary for enjoyment of the rights granted herein, including the right to enter the easement for purposes of constructing, operating, maintaining, altering, repairing, replacing, and/or removing said sewers and utilities. As additional consideration for the grant of said easements, Grantee, at its sole expense, agrees to do the following: a. To provide a reasonable fonn of access to the above- described premises at all times during the period of construction. b. To provide a sewer stub to terminate at the City property line in such appropriate location as may be determined by the Ci ty. c. To construct a driveway west of the existing warming house extending to the City property line. Said driveway shall be paved with a bituninous mat not iess than three inches thick, shall include proper curb returns, and shall be not less than sixteen feet in width. d. To replace any trees removed as a resul t of construction within the easements with comparable trees to be selected by the Ci ty . e. To restore all areas disturbed by the construction to a state as near as reasonably possible to the condition which existed prior to coomencement of the construction. -2- . . Grantor covenants that it is the ONner and is in possession of the above-described premises and has lawful right and authority to convey and grant the easement described herein. IN WI'INESS WHEREOF, the parties have caused this Easement Agreement to be executed as of the date noted above. lVEIROlULITAN WASTE crNlIDL aJ\MISSI<N CI1Y OF SI-DUMXD By: By: Its: Its: By: By: Its: Its: STATE OF MINNESOrA) ) ss <UNIT OF HENNEPIN) Notary Public -3- . 5TATE OF MINNESOl'A) ) ss CUNIY OF HENNEPIN) This instrument drafted by: FROBERG a PENBERTHY, P.A. 17738 excelsior Boulevard Mlnnetonka. MN S534S . Notary Public -4- C.ONTROL COMMISSION \ n\ ~\ l,\ ~.\ - , \ ~,.\ \ ~\ Q\ t\ \ \\ . 1080 W"l~ ~ r--- p;. -.~I ECIen......'... ...MaOI. &53U I .,___~: ~ --~~- .'2113642'2 _ __. .1..' ~- DESCRIPTION SKETCH PLAN FOR METROPOLITAN WASTE ~ .,..~ . _ J, .,,-, "- ... "'-r ..;;ii' . -1 \ \ \ \ \ \ \ \~ ') \~ .or \ \ \ I I ~-- ,- I \ ..._~ -\ YoS MWCC .ROJEC~ WOo '2-53-327 EASEMENT DESCRIPTION MO. LV-l' ~; A perpetu.l ...eaent for ..nlt.ry ..w.rpurpo... ov.r, und.r and 'C!o.. the following d..crib.d property. ~ot 5. SCBMID'S ACRE TRACTS, acc9rdlng.to the r.cord.d plat tb.reof. C.rv.r County. Mlnn..ota. S.ld p.rpetu.l ......nt I. d..crlb.d a. followa'i Tb. Zaat 5." fe.t of Lot S. SCIUIID'S ACRE t'RACTI. To9.tb.r with a t..porary ......nt for con.tructlon purpo.a. ov.r. und.r aDd acro.. th. abov. d..crlbed property. ..Id t..porary ......nt l..~..crlb.d a. fOllowa.. . The Mortb 2.... f..t th.r.ofand th. ".t3S... f..t th.r.of, Lot S. SCIMID'S ACRE 'fRAC'l'S. 'ft!.poruy .....ent to explr. on or before 'I1oJLJfJ J( , u..f!i.. .Ii'" """"" '.".. 'Erigln...nO"'-X.".. . .r:o.-:' . ."",p:~, . . --land Surveying':">!'..... t::,:"" ..~?t'"_':.y ~ "'. .:.Land.~as:>-'Arch1tec:tu~~ ~~~~.A~'t;..: .;'::P1annlng'..l~~,,~ T loe:> [ :I: \- ~ o 2 ,I o l SC> ! ~ ~E.. "'EAPET........... tioeWlI.R. SA$&Me.....T' [::::i!.i Cl&W0T'1lt. 'TII.,..,PO~'< CD~t.T'Ruc."IO~ ~"-&"'E.."'" ~1"'Got. .WO\.oIN ARL C)I.I ...... A~..,.,t) Collo.'T'UM WQT&: "TWI... ,.. NOT'. e,ovo.I~"'" ..UJll.va..... Al'1!!A" ~ WlIJIUOo c.o,..,PUT.O v-.I"'. ~\..&D CO.........-"Oo.Js. .~ CDlJUT>( .......,... ...~\IClW eAaA,I(.~, ~o ~O)""~'ot.lllo ~ ~s.1- NO.2S.T70-~O FIla. ow...,,' 'IT" o. ~O"'E WOOO """"....... _ ~('I!:. ZO!l,"'O _ 4oGl.FT. ~ 0"" ~I!.NT ILA1&Hao.JT 2,!oSOOSQ....,.. A.FULA 0.... "l'&MP. cco-a..,.. ....~..rr 21 <4t.o "Wit."". A.u!A ClI"" ~&. or,,....... toUJIl.CM........ .. ... ~..,.. , ...1It&lS'I'CoIUILT,.-..... T_'T or..... 'IoIC..~ .PL..6..hI WA'So Pfll&PARe.Cl aV' Me. OR UloIOIltR ......... OIR&CT <lioUPe.""I~IC: ..,..ao ~,.. , AM ~ QJL..V Re.Go'..T&R.e.c> '--"'0 ~Rve.' UNC>e.A "I"lol& .........,. O*fo ,.....e. .,....,... 0.= Hlt-It>oIa'loOT'.... .~~ TWl~_~~ o"---g:O'o'l\tt.__ Ml~ RILG.. we. ,...,. "d~~~~~L~~A~l..y- \4:\ ',"c~~",i;;" 200 .1 . MAYOR Robert Rascop COUNCIL Jan Haugen Kristi Stover Robert Gagne Barb Brancel ADMINISTRATOR Daniel J. Vogt . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (6121474-3236 MEMO TO: Mayor and Councilmembers FROM, Dan VOgt~ DATE: November 2, 1987 SUBJECT: Tax Forfeit Property Attached you will find information received from Hennepin County relative to a parcel of property which has gone tax forfeit. A location map is also included. You will notice that the parcel is adjacent to the apartments which are under construction at the corner of County Road 19 and Glen Road. The parcel contains the Gideon's Orchard monument. In discussing this matter with the adjacent land/apartment owner, Mr. John Dennis, he plans to repair, improve and enhance the monument to make it an aesthetic focal point for the apartment complex. The Minnesota Historical Society plans to approve of the sale. This information was obtained from Mr. Dave Nystuen of the Historical Society. It appears as though the adjacent property owner has a real desire to obtain the property and enhance the monument located upon it. From a public prospective an easement should be obtained over the property for storm sewer purposes due to the water problems in the area. Therefore, it is recommended that a Resolution be adopted which approves the sale of the property to adjacent property owners with the condition that an easement be granted over the parcel for storm sewer purposes. This item appears on the consent agenda of your November 9, 1987 Council meeting for your deliberation. Please contact me prior to Monday night if you have any questions. cc: Glenn Froberg Jim Norton Brad Nielsen John Dennis A Residential Community on Lake Minnetonka's South HENNEPIN . aC1. 2 9 1987 . DEPARfMENT OF PROPERTY TAX ,AJ\JD PUBLIC RECORDS A607 Government Center Minneapolis, Minnesota 55487-0067 Crossroads To Service October 27, 1987 Sandra Kennelly, City Clerk City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Dear Ms. Kennelly: Enclosed is a classification list on a parcel of non-conservation land located in the City of Shorewood, which forfeited to the State of Minnesota on 10/21/42 for non-payment of property taxes. As provided for in Minnesota Statutes, Chapter 282.01, we request that you either approve the parcel for public auction, auction to adjacent property owners if M.S. 282.01, Subd. 7a is applicable, or request conveyance to your City for public use. We require a certified copy of the Shorewood City Council Resolution authorizing any action taken. If you request that the parcel be conveyed to Shorewood, then we also require that the form "Application by a Govern- mental Subdivision for Conveyance of Tax-Forfeited Lands" be completed and mailed to this office. Only new certified special assessments which were levied after the forfeiture need be certified to this department. The remaining balance of any assessment levied previously will be picked up automatically. The Hennepin County Board has approved the sale of this parcel .to adjacent property owners, by Resolution No. 87-9-753 adopted 9/15/87, conditioned upon the approval of the sale by the City of Shorewood and .the Minnesota Historical Society. Your prompt attention to this matter will be ereatlyappreciated. Please be advised that if you fail to respond within ninety (90) days of the date of this letter, the sale of the parcel will be deemed to be approved. If you have any questions, you may contact the Tax Forfeited Land Unit at 348-3734, or myself at 348-5100. Sincerely, Dale G. Folstad, Director Property Tax and Public Records ~~n~~ DGF:MK:jls Enclosures HENNEPIN COUNTY on ~quol oppor1unltyemplover . . t: ~ ::c c < 0 0 (""1 ::t: N ::t: ;.... U'l <-< 3 Cl <.J ~ t: < 0 r.n ~ .... t... ~ 0 1) ~ t.IJ t'Il 0 z :J: :z: ...... ,..J CJ'l :1: 0 E-< Z ~ -< :J: ...J ::t: Z '1> < 0 ::l p.. ...... ..... E-< ,"'j 0 < > ~ > 0 x " 0 ~ ~ . t.IJ (fJ 'J) 0 z -,-I 0 z 0 "" co " u ~ <f)- H 0 I Z 0 ~ Z :I -< :::> ::.J :1 <.J ::t: ~ ;.... 9 ~ - 0 0- Z CJ'l VJ .... ....l ...J...... W co 0 u 1) r- <: ::t: N \0 :>- -< ..... .. ;.... <.J p.. en \0 0 ..... u c.::: z ~ ;.:...\ ZZ '-01 ..... W 0 . I ~\ ~ .... ...J 0 'll ...J U ..... ...J ..0 0'\ e ..;t ::.:> z' ::l N 0 .-l 2\ z ~ a.l 0 ..... u H t: Z ~ ~ <I 0 -< o:l vi -.-I p.. :\ .... .\"'1= '-. l\l N 0 ....,1 U 0 I Of: : ..... 0 rJl ..... :~i ..... (""1 f;:; (""1 l/"l ..... 0 -' :-'~ ~ ~-I ~\ 0 ....l WI I "-< .u C'~ .;... 0 ':"'j ..... C ....l ..... I p.. t""\ f-' ;.... ....... N ::t: 0 \0 <.J I < N ~ ..... p..::t: Qj ..... 0 u ..... E-< U ..-I 0 I < C ~ t""\ ~~ :f Po. t""\ 4- C 0 ~ <.J 0- ~ ~ U ." ltl 0 a.l 0 0 :J a.l .-l > ~ o:l .u 0 00 ..-I ,Q a.l U CJ'l ,..J fot....~.; ~'"L'i..;iI.. '.i.~.i~~~..:i r' '-~-', .r '..). .. . . 8tatl' of MinneMOta. COUNTY OF HENNEPIN, 1.. ('LERK OF THE BOARO 1. KA Y M ITCH ELL. Ch.rk of th.. Hoard uf th,'l\hov(' County, do ht'rE'hy cf'rtify that 1 ha\'t' compart'd th(' paper!' writin5l. to whirh thi!o. ('l'rtificlIt(. Ii' Rtt.a('hf>d. with thl' ori,inul ~~ ~~.~.~!: ~ ~.~. ..~~,:. ,~.?, :':~::!.~~.. ~.~.9.p. ~~.~.. .~y... .~.~~.. ~~.~.~~P.~ .~I.. .~~.~.~.tY.. ,~g.~. r.~. .9.f ..~~~).~ ~.i.9.n~r..$. ..... ........ on..Se.p ternhe r. ..l~. ..19Jl7.................... ............................................................ .... ................... ..... ..... ............. ........... ........ ...... ..0................ ..o......... ..o. ........o. .......o....... ............ 0.. ..........o. ..o..o....................... ........ ................. ..o.... e.o.....o. e............... ........ ...... ..... .......... ..o. ... .-." .... ..~...... ..... .......... ......................................................................................................................,..........................................'.,......,..'.......,.......... .. ...........................................,............................,.......................'.............'....,..,..........,.......................................,..-....................... ............ ................................................................................................................................................................................................... ...................................................................................................................................................................................................... ........................................................................................................................................................-.............................................. ....... a!> thE' saml' appear:' of fE'cord and on fill' in th(' said Clerk of th(' Board'" offit(.. at tht. Go\'ernmt'T\t CentRr in said H('nnepin Count~., M innewta. and find th(' sam{' to he trut' and correct copy thrreof. II' TESTIMOKY WHEREOF, 1 hav(' herf'unto I'd my hand and affixed thr seal of said County, at th{' City of Minncapoli!'. thi!" . .l~~.n,..., day of ., ~,~p.1:~ml?~r........... A.D, 19 . ..fa.... .. ...-......................... ...... .... .... .. 0...... ..,......... KA Y MITCHEll F\ .. by: \~ JJ..rw.zl1 , / .. Deputy I . Ch.rk of the Board ') () . CfuMr~1:J () i . '.iIo -. ;,.) . . ~ IU:SOLl11'J~.,. S7-e..7~3 ~. ...,."-~._'~ I. O.t~23 . .' . ThP following resolutlanwas offere~ by Commissioner Johnson, "tonded by tomminioner Spartz: et IT IU:SOLVED, that the County Auditor is authod&ed to ,rant. ~rpPtUbl eaSeml"nt ,., described in thp &a5elRent Grant on File with the Cler~ of the County IkMlrd, to A.J.B., Inc., on tax forfeited land ..reel 33-117-23-12-0030; that ~ .asement i5 for installation of aanita~ ~r lines, pursuant to M.S. 262.04, Subdivision C, at DO cost. . Bt IT nJJmIE:R ESOLVED, that in consideration for the 9ranU.ng oft.he easement and by acceptance of the easuent, A.J.8. . Inc. ,a;r.,. to purchase parcel 33-117-2~-12-0030 at the appraised value of $800 al Rt"by.the County Board, condi tioned upon the approval of Ale by the C1 ty of Shore'WDOd and the r~nne5ote Historical Society. The question was on the adoption of the resolution, end there were ~h: YEAS and no NhYS ae. foll~: t'aJrI.'TY OF H:E::NNEPIN 8(>>..RD or c:::ooNTi" CCl"'U'JSSICH:RS NhY OI'HEF. YEA Jeff Spartz IUmdy Johnson John Iteefe --L -X- -X- -L John E. Derus E. F. Robb, Jr. .Ip.<;.rtn 6a.on S.Sivan1ch -L tsa rk An~re""', Chai run 'RESOLlYIJON ADOPTED. ~ . AT'l'EST : .' e.I&- . ~.;'.~. "<'::--~r~-:;t1'i---'-' ~;.A' ~ ......., r-. ?"2 A... < 'l~. r-t', ' ....~ 1,'" " ,- ,. " ..,.., , fI-'l) CITY FHeRITY .\t , ~ ~ ,:" I') ..I '. i II ,DO I\~ 15 .1 16 ~l ! ..,: .. I '1',) i (~t) , I I 't Co 11" t." (t h. ;'-'20\ ~ .I \!(.) ;; r' ~o ) . c A " ~ Q-\~ i~(J ~ l(,lb) 43 I .l ; ; i'N!. :..J I ~I l~i~81 e~i 20~ 21 ~ 22~1 234 I (r~; 1 (?J I (2.1) : (>I) j(JA) I I 1 ' ! I I i'aD 'Zit> .; / r-241~~.1i I 1:4 . ( ~z1 I.... '.'" I"'. . .. . .......v-' :.I''; \-- ZZalZ ., .. ", . I \ 1 ~\ svd-O LOT 26 ~,,) .) '7 ti- ~ ).. - .,..,-,-- 1415 r I... '. '., .::Ai,~oO I , r I ~lV 1. . I . I i (1) (4') 1;).. I I l'l \....r I ~ t 4'), I ~ .... . .'" .... ._ _ I . ('9) If /8) 0:. -::L N I LO 25l--.-r-,.io I L~~ y~~_~<<\)= .. _!;:1.~~ r~ r <J} t:".~~H Ji - . . CITY OF SHOREWOOD MAYOR Robert Rascop COUNCil Jan Haugen Kristi Stover Robert Gagne Barb Brancel ADMINISTRATOR Daniel J. Vogt 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 . (612) 474-3236 MEMO TO: Mayor and Councilmembers FROM: Dan Vogt DATE: November 3, 1987 SUBJECT: Payment Voucher No. 4 & Final - Project No. 86-3- Smithtown Road Attached you will find Construction Payment Voucher No. 4 and final for Project No. 86-3-Smithtown Road. The contractor for the project was Volk Trucking and Excavating, Inc. In a normal instance, full payment would be recommended upon receipt of the State Form 134 and lien waivers from Volk. However, as can be seen on the attached letter sent to Vo1k Trucking and Excavating by City Attorney Froberg, a damage claim has been made by Mr. Gary Hertzberg of 27475 Maple Ridge Lane, Shorewood, which has not yet been settled. Due to the above mentioned claim, i.t is recommended that upon receipt of affidavit, State of Minnesota Form 134, and also receipt and waiver of lien rights from Volk Trucking and Excavating, Inc. and all subcontractors and material suppliers for the project, payment be made to Volk in the amount of $8,931.00 This amount being the total contract amount of $9,174.00 less the $243.00 claim by Mr. Hertzberg. The claim will then be paid to Mr. Hertzberg with funds which would normally have been paid to Volk. A recent phone call from Mr. Hertzberg indicated that the claim may be more than $243.00 due to normal inflation since the repair is only now being done. Mr. Hertzberg was hoping to have the claim settled prior to going ahead with the repair. However, he is now proceeding to have the repairs made. If the costs are higher than $243.00, a greater amount will be withheld. I will have the exact amount prior to sending final payment. This item appears on the consent agenda of your November 9, 1987, Council meeting for your deliberation. P1ease.contact me.priorto Monday night if you have any questions. DJV/slq cc: Glenn Froberg Jim Norton Don Zdrazil Ev Beck Volk Trucking and Excavating,Inc. Gary Hertzberg Enclosures OCT. 1981 . / ORR.SCHELEN.MAYERON & ASSOCIATES, INC. Consulting Engineers Land Surveyors October 29, 1987 City of Shore~ood 5755 Country Club Road Shore~ood, Minnesota 55331 Re : Street Construction, Stor~ S~er and Appurtenant Work Project No. 86-3 ~itht~n Road O~ Cc.m. No. 3801 City Council : Enclosed are four (4) copies of Construction PaYlllent Voucher No. 4 &I Final on the referenced project in the aIIount of i 9174.00. Pursuant to ovr field obs~rvition, as oerformed in accordance with our contract, we hereby certify that the materials are satisfactory and the work properly performed in accordance with the plans and specifications. Upon receipt of affidavit, State of Minnesota Fom134, and also Receipt and Waiver of Lien Rights frOOl IJolk Trucking & Excavating. In:. ,pluse make pa>'lllent to Volk Trucking & Excavating, Inc., 8470 Galpin Blvd., Chan~assen! MInnesota 55317 it your eariJest convenience. Very truly yours, ORR-SCHELEN~YERON & ASSOCIATES, INC. ~~.p, rJ~ J~es P. Norton,P.E. Project EngIneer Ene 1 osuru : JPN:RGD cc : Volk lruc~ing and Excayating, Inc, Estimate Vouch,r No. 4 & Final . CIJiSTRUCTIIJi PAYMENT VOUCHER. Date Dc tobtr 29, 1987 For Period Ending Octob,rl5, 1987 ----------------------------- Proj,ct Numb,r 86-3 ------------------------------------------------------------------------------------------------------- CI ass of Work Str"t Construction, Storm S~er and Appurtenant Work ------------------------------------------------------------------------------------------------------- Location To : Volk Trucking and Excavating,Inc. ------------------------------------------------------ 8470 Galpin Blvd. Sqitht~n Road Chanhass,n, Hn. 55317 For City of Shor~ood, H,nn,pin County, Minn,sota A. Original Contract Anount f 155312.96 B. Total Additions f 1190.00 C. Total O,ductions f 0.00 O. Total Funds Encumber,d f 156502.96 E. Total Valu. of Work C,rtifi,d to Oat, f 156898.52 F. L,ss R,tain,d P,rc,ntag, o f 0.00 Yo G. l,ss Total Pr,vious Paym,nts s 147724.52 H. Approv.d for Paym,nt, This R,port f 9174.00 ------------------------ I. Total Paym,nts Including This Vouch,r f 156898.52 J. Balanc, Carri,d FONWard $ -395.56 APPR{PJAlS ORR-SCHElEN-HAYERIJi & ASSOCIATES, INC. Pursuant to our field observation, as perform,d in accordanc, ~ith our contract, ~, h,r.by certify that th, materials art satisfactory and the ~ork properly perform,d in accordanc, ~ith th'plans and sp,cifications and that th, total ..ork is 100 Yo cCllphttd as of October 15, 1987 . W. h.r,by recllDtnd pallttnt of this vouch'r. ---------------- -----------------------------.~...o ?t Sign,d : Slgn,d : . r:... c.~ -----~;:;;;-on__;;:..~------------ - . -----------'--"- ----------~ -------------------------------------------~----------------------------------------------------------------------------. This is to certify that to the best of my kn~1tdgt, information, and bel ief, the quantitin and "alutS.o4 ..ork c,rtified h.r,in is I fair approxillt. .stimat, for th, period cov,red by this voucher. Contractor: Volk Trucking and Excavlting,Inc. 5 i gnedBy ------------------------------------ ------------------------------------------------- Date : litle -9---------------------------------- --~---------------------------------------------- ------------------------------------------------ -----------------------------------------~----------------- City of ShorNOOd Approved for Pa,..nt Uouchlr ____________________ ___________V-l'"<. ... ..---------- tIltck.d 8y : Autboriud Rtpr.Stntativt lite ht. '.1042 _I Estillate Voucher No. 4 & Final . Contractor: Volk Tr.g and Excavating, Inc. 8470 Ga Blvd. Chanhassen, Mn. 55317 Date : Dc tober 29, 1987 ---------------------------------------- Street Construction, Storll Se~er and Appurtenant Work Project No. 86-3 - 9Iitht~n Road for the City of Shore~ood, Hennepin County, Minnesota Contract Date : July 16, 1986 Work CQllpeted : October 15, 1987 Work Started COIIpletlon Date: October 1, 1986 It ell No. It ell Contract Quantity Unit Price Total Price Total to Date Quantity Total Price Street Construction and Appurtenant Work (01) COIImon Excavation C.Y. 5000 3.02 15100.00 (02) .2341 Bituminous Wearing Course (Incl. Bitullinous Material) Ton 450 22.73 10228.50 (03) .2331 BitUllinous Base Course (Incl. Bituminous Material) Ton 850 21. 29 18096.50 (04) .2357 Tack Coat Gal. 250 1.95 487.50 (05) Class 5 Aggregate Base (1001. Crushed Rock) Ton 1650 7.63 12589.50 (06) Class 3 Aggregate Base Ton 3200 4.97 15904.00 (07) Salvage Existing Gravel C.Y. 1900 2.10 3990.00 (08) Geotextile Fabric or Equal S.Y. 4800 .95 4560.00 (09) Bituminous S~ Cut L.F. 170 1.50 255.00 (10) Manhole Adjustments Ea. 3 65.00 195.00 (11) Reconstruct Manhole L.F. 5 24B.00 1240.00 (12) Erosion Control L.F. 100 1.42 142.00 (13) Sod (Incl. necessary Black Dirt) S.Y. 1500 2.10 3150.00 (14) Seeding (Incl. necessary Black Dirt, Mulch and Fertilizer) Ac. 1 3500.00 3500.00 (15) Rellove Culvert L.F. 110 2.57 282.70 (16) 24' R.C.P. Class II Perforated (All Depth Zones) L.F. 20 39.45 789.00 (17) 21' R.C.P. Class III (All Depth Zones) Incl. Sub-Drain Backfill and Fabric L.F. 1000 32.47 32470.00 (18) 12' R.C.P. Class IV (All Depth Zones) L.F. 73 22.42 1636.66 (19) 15' R.C.P. Class IV Catch Sasin Leads (All Depth Zones) L.F. 80 22.95 1836.00 (20) 12' R.C.P. Class IV Catch Basin Leads (All Depth Zones) L.F. 200 25.11 5022.00 (21) Rellove and Reinstall 6' VCP LF. 8 31.50 252.00 (22) 6' VCP 22 1/2 Deg. Bend in Place Ea. 1 241.50 241.50 (23) 24' R.C. Flared End Section Ea. 1 449.05 449.05 (24) Type 1 Rip Rap Incl. Farbric C.Y. 6 57.93 347.58 (25) Std. Stom Se~er Manholes (8'Deeporless) Ea. 9 1080.00 9720.00 (26) Excess Manhole Depth over 8' LF. 2 49.35 98.70 (27) Type 'A' Catch Basins Ea. 10 915.60 9J56.00 (28) Type 'S' Catch Basins Ea. 3 963.59 2890.77 (29) Granular Foundation Material '" Ton 100 6.83 683.00 ------------ Total Items 1 thur 29 $ 155312.96 Changt Order No. 1 1190.00 Total to Date $ 156502.96 6070 605 723 230 1525.3 4500 620 4000 170 4 5 1000 73 -------------------------------------------------------------------------------------------------------------------- Unit 18331.40 13751.65 15392.67 448.50 11638.04 22365.00 1302.00 3800.00 255.00 260.00 1240.00 0.00 0.00 .4 110 1400.00 282.70 20 789.00 32470.00 1636.66 80 1836.00 200 5022.00 0.00 241.50 449.05 347.58 9720.00 0.00 9156.00 2890.77 683.00 t 1 6 9 10 3 180 $155708.52 1190.00 $ . Change Order No. Date October 29, 1987 Street Construction, Stor~ Se~er and Appurtenant Work Project No. 86-3 - 9Iitht~n Road ior the City of Shore~ood, Hennepin County, Minnesota It ell No. Item Unit -------------------------------------------------------------------------------------------------------------------- SOO.OO 690.00 Catch Basin French Drains Ea. Ea. . Contractor: Volk Trucking and Excavating, Inc. 8470 Galpin Blvd. Chanhassen, Mn. 55317 Contract Quantity Unit Price Total Price 1 3 500.00 230.0C 500.00 690.00 . 1190.00 '. Total to Date Quantity Total Price 1 3 . 1190.00 . . FROBERG & PENBERTHY, P.A. A TTORNEYS A T LA W FILE Glenn Froberg James G. Penberthy Paul B. Ahern 17736 Excelsior Boulevard Minnetonka, Minnesota SS34S (612) 474-8877 May 27, 1987 Mr. Merle Volk, Vice President Yolk Truck and Excavating, Inc. 8470 Galpin Boulevard Oumhassen, MIl 55317 Be: Contract for Construction for Street Construction, Storm Sewer and Appurtenant Work on fmithtown Road Project No. 86-3, City of Shorewood Dear Mr. Yolk: Enclosed is a claim of Gary Hertzberg in the S1ID of $243 made against the City of Shorewood for damage to his car incurred as a result of repair work performed for the Ci ty of Shorewood by Yolk Trucking, pursuant to the above-referenced contract. The Contract docunent dated J\D1e 9, 1986, paragraph B (3) states as follows: "(3) Contractual Liability Insurance: The Contractor agrees to hold harmless and indenni fy the Omer, the Engineer and their agents frClll every claim, action, cause of action, liability, dmnage, expense or payment incurred by reasons of any bodi ly injury including death, or property danage resul t ing frClll the Contractor's and all subcontractor's operations on this project." Please refer the enclosed claim to your insurance carrier for processing, pursuant to the terms and conditions of the above-referenced construction contract. Very truly yours, loKEEEG. PENmRJHY, .' . . AlAr 2 7 1987 May GD. 19~7 CITY OF SHOREWOOD Glenn f roberg Attorney: City ot' Shorewood 17736 Excelsior Boulevard Minnetonka. Minnesota 55345 RE: Property Damage Resulting From Repair Work Done On Smithtown Road In the latter part of November or early December 1986 road repair was under way on Smithtown Road in the area between Howard's Point Road and Boulder Brid,!e Farm. The repair company was at the sta,!e where lhe blacktop had heen applied to the surface and large square holes had been cul at the location of all the manholes so that extension collars could be placed to bring them up to the level of the new road Flashing lights had been placed in a number of locations along the repair but Were not placed over each hole. Steel plates had been placed over all but one of the holes during the day and that last hole was covered late at ni~hl While dl'ivin,! to work early one morning. due to traffic I was forced to remain on the far rirghl side of the road. As the traffic went by I turned left to avoid the flashinrg marker and consequently drove over lhe corner a! one of the steel plates used to cover a manhole. Apparently lhe plate was either 'too small or placed improperly because when the wheel of thecal' went over it.. the plate ilipped up. knocked off the right corner of the front spoiler and hit the side of my car. As you can see from the enclosed repair estimate. dated 12-4-86.1 have been attempting to@et this matier settled for almost eiiht months now. I have been shuttled around to three different road repair companies and two insurance companies aUto noava1l. 1 would appreciate any action you might afford in order to draw t.his matter to an Immediateclose. Enclosed you will find the names of t.he parties involved and _ diagram of the scene of t.he accidenl Sirlceffi7. .~ Gary Hertzberg 27475 Maple Rid~ Lane Shorewood, Minnesota 55331 Phone (61Z) 474-4997 - - - Track of automobile IQ1 - t~1anholes \AI/steel plate covers ::1U:; - Flashing markers "'m." ..: ... ." ... w > I '(OJ I I I I . . a o ct: "7 ~ I.!) a > w .::r:. cJ -I , o ct' a a ... z o a (f) o a <t ~ o I ".m." (OJ ... :u . .... .. Location of accident =-+ .. ~ _ _ ~ .....(, ~ }1If.: '---"" .",..----- 51"1ITHTO\.VN I=rOAD Road rgpaircontractQd to: VOLKTRUCKING & EXCAVATING Phone 474-35 J 6 . The enclosed estimate has anincrQase writtC!nin since the price on parts has gone up in the 8 since the accidentoccuni!d. . . ,.,,\~~b v Vo- \<... V.~,~_t<-Wci 'i/"-l- ~'Or of+ - 4 '''1 . 3S I\" ..'\-\o~6- \ (!~~~ - . MIKE and GEORGE ~ .E REPAIR WRECKED CARS M & M AU'TO BODY REBUILDERS, INC. 420 SECOND STREET . EXCELSIOR, MINNESOTA 55331 Telephone: 414-8839 NAME .#~y ~~o . ADDRESS .5' "'7 Y T j- ~-?~ ~ .......~~ ~ - DATE a..__ ~ / "7/' b PHONE DATE WANTED I YEAIt-MODEL-COLOIt I MAKE OF CAIt I IIODY TYI'E I LICENSE No. I SEltIAL No. I MFG. PAINT NO. MILEAGE -1 ~77"~.~ ~.:I\" X IIEPA'" "EPLACIE :/"" - I'AItTS AND LA_It IlEFINISHING MATEItIAL', . '. ~. - ,J;~---~ ~~-~"'- I if 2. J-V '3f$ t/ "1'3 'I4J .,. /-r ~-;,~~~. ~---I" \/~t{ 6:-({ 9-/ If;).. \13 h~ - "- ,/ 4J..~~~/ ~ ~c.-#.'_-.c.- >1 -:;-::l. 0" c7 . ;......./ , , ~__z:; ,; /6 . , I) 1- -~ / 1- b6' "..... / / /// ~ .1- / 'v , r, ..., 7 -"i' y / u . ~ u .. _r... r.J .....-.- // - .. -.----..-...., ~ . / NGI,..\..' P/l,c...i5-5 FDl't ;;}11'--n.~ ......,,-..c;.- 'I /.., C- '," ~--Z&~~' .)/ t::.....-" /......7 . ,1-S Oi~' AJ J"..,.~. J . 6luons~ $Y /l-l/ki!:- .(J,;, /../: /.h ~lj~.. .......- \ \ AI1JN'b- {} 9'f.,\I /lA.., I~&-- O.,t" "'-...-"" I " .-i' '~A'~ '"', ~'- ~- '- r _,.._0'- __0.' - '-/2 &-0 J7 Lt. {,t..( .. WORK SUB-LET TOWING '.. " CAR RENTAL ;!'!f"'" . SUB TOTALS . _s CSTtMATE IS _SED ON _ _lEC:_ _ _s NOT COVIE_ .......T_AL __ .... TOTAL .1.JWOIt WMlCMMAY _..,..m APT". TNEWORK HAS .I'M ......TEO.aP'TC. ....... __ ..... aTARTED. WOlIN OR DAMAem PUtT. ...eN All<<: MDT EVIDENT ON fl'I.8T tN8PECTtON .MA" aALESTAX - _KOVERm. HATUftAI.LY TMla C.TlMAftC~ cove. MIlCH CONTINeDICI.L ..-.W'Tta .. -.en _1IlCT - CHANltt: ..~ _IE. _S .STt_TE ,S po. "'_ATE ACCEPT_a.. iL~. .....,.... WORK "UTHORIZED BY ..>;;.........i'ri2;:..)~~~,? .....;../;..(;[, .."Ii! SHEET AND REPAIR "Sdi<.:il:L.. Vi , :'i':;?)'" I . t I I , , I , I , I , , , , , , , , . . (3 ~~::::~" 'liabillty".Insurance: Th;'.C~~t~tor- ~~;~~~--;-;:d harmless and indemnify the Owner, the Engineer and their agents from every claim, action, cause of action, liability, damage, expense or payment incurred by reasons of any bodily injury including death, or property damage resulting from the Contractor's and all subcontractor's operations on this project. (4) C. - .. Owner's Protective liability and Property . Damage Insurance: . The above described coverage shall name the Owner and Engineer as named insureds, as their interests appear. Builder's Risk-Fire and Extended Coverage Insurance If the nature of the entire installation or portion thereof, is such that it is insurable against the perils of fire, extended coverage, vandalism and malici- ous mischief, such insurance shall be procured and maintained by the Contractor in behalf of himself, the Owner and his subcontractors, on a 100% non-reporting completed value form. Insurance certificates evidencing that the above insurance 1s in force with companies acceptable to the Owner and in the amounts required shall be submit- ted to the Owner for examination and approved concurrently with the execution of the contract, after which they shall be filed with the Owner. In addition to the normal information provided on the insurance certificates, they shall specifically provide that: (1) A certificate will not be modified except upon ten day's prior written notice to the Owner. ( 2) ( 3) (4) Coverage is included for blasting, collapse and underground hazards, and The contractual liability hazard has been insured. Excess 11 ability Coverage: Inadditi on to all of the coverages listed above. the Contractor shall obtain an Umbrella Excess Liability policy in at least the amount of $3,000,000. 6. COMPLIANCE WITH LAWS. BUILDING CODES AND REGULATIONS The Contractor is assumed to have made himself familiar with all Codes, State Laws, Ordinances and Regulations which in any manner affect those engaged or employed in the work,or the materials or equipment used in or upon the improvement, or 1 n anyway affect the conduct of the work and no plea of mi sunderstandi ng will be considered on account of the ignorance thereof. The provisions of such codes, laws or ordinances are deemed to be a part of these specifications and the Contractor will be bound by the provisions thereof. The Contractor shall and also bya Surety agree to indemnify and save harmless the Owner and all of 1tsofficers, agents and servants against any claim or liability arising from or based on the violation of any such law,ordinance, regu 1 at i on or dec rees ,whetherby Contractor ,Contractor' semp 1 oyeesorany subcontractors 1 nvo 1 ved wi th the work.iS" .. 2/84 GC -4- 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 . (612)474-3236 ~ " . . CITY OF SHOREWOOD MEMORANDUM TO: PLANNING COMMISSION. MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 29 OCTOBER 1987 RE: CROSS. JUDY - SIMPLE SUBDIVISION FILE NO.: 405 (87.46) BACKGROUND MAYOR Robert Rascop COUNCI L Jan Haugen Kristi Stover Robert Gagne Barb Brancel ADMINISTRATOR Daniel J. Vogt Mrs. Judy Cross has reques tedapproval of a simple subdivision to divide her property located at 24250 Smithtown Road (see Site Location map- Exhibit A. attached). The property currently contains 7.33 acres. She proposes~o divide off approximately 40.512 square feet (.93 acres) with the existing house, leaving approximately 6.4 acres of undeveloped property. The proposed division is shown on Exhibit B. The property is zoned R-2A. Single and 'l'wo-famUyResidential. Surrounding land use and zoning are as follows : north - abandoned railroadr.o.w. (owned by Bennepin County Regional Railroad Authority) -currently used asa recreational "trail system. single~f8llUyres idence on a .lotsimilar in size to thesubj ec t site; zonedR-2A. self-serve car wash; zoned C-3. shopping center in Tonka Bay; zoned COllllercial. east south- west ANALYSIS/RECOMMENDATION Although the property obviously has significant potential for development. the request is similar to several others the City has approved where an existing house is allowed to be. separated frollundevelopedacreage without formal platting. ~ - . Re: Judy Cross Subd. 29 October 1987 . As in those past approvals we have asked for a resubdivision sketch for the undeveloped portion to show the effect of the current division on the future development of the site. Since we have not received such a sketch. this office has taken the liberty of preparing one (see Exhibit C). Since the zoning would allow single-family or two-family residential lots. the proposed sketch represents the higher use. Lot sizes could be reduced to 20.000 square feet for single-family residential development. Since the proposed lot more thancoBlplies with the size requirements for .the R-2A zoning district. approval of the division is recommended subject to the following conditions: 1. The applicant should consider reducing the size of the lot with the house on it in order to achieve seven lots 30.000 square feet in area on the northerly portion of the property. 2. The applicant must submit an up-to-date (within 30 days) title opinion for review by the City Attorney. 3. The applicant must provide drainage and utility easements. 10 feet wide. along the north. west and east property lines of the lot with the house on it. Easements on the undeveloped portion of the site can be obtained at such time as it is developed. 4. The applicant must pay a park dedication fee for the vacant lot ($500). Credit is given for the lot with the house on it. 5. An old garage located on the undeveloped portion of the property.mustbe removed. If the applicant proposes to remove it after the division is recorded. a $1000 letter of credit should be required to ensure that the building is removed within 180 days. 6. A number of boat trailers and cradles are currently rear of the site. These should be removed prior to resolution approving the division. 7. nte preceding conditions should be satisfied within 30 days .of the Council's approval of the request. Once the applicant receives the resolution. she must record it within 30 days of that date. 8. The Council resolution should require property be done by formal plattiag. BJN:ph ec: Dan Vogt . Glenn Froberg Jim Norton Judy Cross .... .. If Lot 6 ~ ~~) C....) ~ ~ ., I I 5'J J 21 i 22"" ()(l (~J cP l101'\ · ~24Ift.;;: :~ . (~zJ ," t 1..h~ 1-", LOT 26 ~,.) f-T J ...r.t:J ....) r..../ ...) -\ JExhibit A J i.. SITE LOCATION [Cross - Simple Subdivision _~_~. ~~..........,-~....,~~,~~..~.....~~~;.,."";"'..:e,",",~i:; !--U(Ul . ;''1'15 t-l'~rt;. ). llo') ~(,ril 01 ()u~/oINo. J (!~ It .50 'JJ "7fiI ,. ~ '= 0 (,) ~ ... U N.E.C< DETA .0...... q ~~ .. -.. -_..-..~. ...,-,."....,..',...""t-~.....-__. . -~ '" CHECK NO. 051650 (G) 051651 051652 (G) 051653 (G) 051654 (G) 051655 (G) 051656 (G) 051657 (L) 051658 (L) 051659 (L) 051660 (L) 051661 (L) 051662 (L) 051663 (L) 051664 (L) 051665 (L) 051666 (L) 051667 (L) 051668 (L) 051669 (G&L) 051670 (L) 051671 (G) 051672 (G) 051673 (L) 051674 (G) 051675 (G) 051676 (G) 051677 (G) 051678 (G) 051679 (G) 051680 (G) 051681 (G) 051682 (G) 051683 (G) 051684 (G) 051685 (G) 051686 (G&L) 051687 (G) 051688 (G) 051689 (G) 051690 (G) 051691 (G) 051692 (G) . . GENERAL & LIQUOR FUNDS-BILLS PAID SINCE OCTOBER 20, 1987 TO WHOM PAID Fred Pryor Seminars Void Petty Cash Mn of Society of CPA's Boyer Ford Trucks Ev Beck US Postmaster Bellboy Corporation Eagle Wine Company Griggs, Cooper & Co. Johnson Bros. Liquor Co. Jude Candy & Tobacco Co. Northern States Power Co. Northwestern Bell Ed Phillips & Sons Pogreba Distributing Quality Wine & Spirits Co. Prior Wine Co. Harry Niemela League of Mn Cities Ryan Properties Jean Sorensen US Postmaster Russell Marron The Prudential A T & T A T & T Earl Andersen & Assoc. All Steel Products Co. Associated Asphalt, Inc. Bob's Personal Coffee Century Sales Company Chanhassen Lawn & Sports City of Tonka Bay City of Minnetonka Commers Soft Water Commercial Life Insurance Commissioner of Revenue Rolf E A Erickson Fontier Electric Company Gross Office Supply Hance Hardware Inc. Hennepin COQperative Seed PURPOSE AMOUNT Management seminar $ 98.00 To replenish petty cash Workshop 2 Trucks-Public Works Mileage 3rd qtr. utility billing Liquor purchases Wine purchases Liquor purchases Wine & Liquor purchases Cigarette & Misc. purchases Utilities Utilities Wine & Liquor purchases Misc. & Beer purchases Wine purchases Wine purchases November Rent Workers Compo Insurance Rent for November Mileage 3rd qtr newsletter Mileage Additional life insurance Telephone service Telephone service Signs Culvert & Misc. Blacktopping-streets Coffee & filters Misc. Parts Mounts 3rd qtr water 3rd qtr water purchase October rent Emp. Life Insurance Nov. 87 License-Petroleum October assessing fee Repair wiring for Cathcart Pk Badgeholder pins Misc. supplies Grass seed 24.60 90.00 104,756.00 66.15 211.22 2,734.55 125.33 4,132.88 1,942.99 736.40 242.20 146.64 799.99 1,459.86 326.30 224.88 970.00 17 , 175 .00 1,922.58 10.29 180.18 12.60 3.00 6.75 23.25 149.13 300.53 482.24 101.00 37.12 10.00 659.64 838.08 22.50 24.48 10.00 1,978.46 81.15 32.30 3.56 I50.DO CHECK NO. 051693 (G) 051694 (G) 051695 (G) 051696 (G) 051697 (G) 051698 (G) 051699 (G) 051701 (G) 051702 (G) 051703 (G&L) 051704 (G) 051705 (G) 051706 (G) 051707 (G) 051708 (G) 051709 (G&L) 051710 (G) 051711 (G) 051712 (G) 051713 (G) 051714 (G) 051715 (G) 051716 (G) 051717 (G) 051718 (G) 051719 (G) 051720 (G) 051721 (G) 051722 (G) 051723 (G) 051724 (G) 051725 (G&L) 051726 (G&L) 051727 (G&L) 051728 (L) 051729 (L) Long Lake Ford Tractor Chains H.C. Mayer & Sons Inc. Regular/Diesel fuel Loren Kohnen 195 Building Inspections Midwest Animal Services Animal control Midwest Asphalt Corp. Limestone Milts Service Towing Charge Minnesota City Management Annual membership Minnesota Department Health Oct 87-Dec 88 Water supply samples Deputy Register Truck license Minnesota Mutual Life Emp. Accident Sickness Nov. '87 Minnesota Suburban News Legal notices Minnegasco Utilities State Treasurer Bldg. permit surcharges Motorola Inc. Repair & service register Orr Schelen Mayeron & Assoc Engineering Fees SE Area 26,378.18 Development 931.12 On Going 767.55 Shorewood Oaks 9,286.68 General 2,925.13 Employee Health Ins. Nov. 87 Postage meter rental Audio System Inc Chemical toilets Repair Well Tires-Public Works Warning lites Water Meters Waste removal SE Areapumphouse Utilities Telephone Service Parking & film processing Income withho1dingorder-PR Payroll 10/26/87-CreditUnion Payroll 10/26/87-ICMA Payroll 10/26/87-StateW/hldg Payroll 10/26/87-Fed&Fica Payroll 10/26/87-PERA Liquor purchases Liquor purchases . . GENERAL & LIQUOR FUNDS-BILLS PAID SINCE OCTOBER 20, 1987 TO WHOM PAID PURPOSE Physicians Health Plan Pitney Bowes PI Audio/Design Satellite Industries, Robert Stodola Well Suburban Tire & Auto Warning Lites of Mn Water Products Co. Waste Management Savage A & K Construction Northern States Power Co. Northwestern Bell Bradley. Nielsen Child Support Enforcement City-County Credit Union ICMA retirement Corp. Commissioner of Revenue The Bank of Excelsior Pub licEmployees Retirement Bellboy Corporation Eagle Wine Company .. - 2- AMOUNT $ 32.82 1,257.77 6,285.79 625.75 23.24 40.00 .35.00 299.27 58.50 118.32 12.16 210.06 208.18 152.01 40,288.66 2,542..37 57.00 1,628.21 240.00 950.00 77 ..84 306.00 1,035.56 81.00 58,273.32 ,405.03 379.48 14.35 .00 127.00 515.00 761.04 '''''' . . GENERAL & LIQUOR FUNDS-BILLS PAID SINCE OCTOBER 20, 1987 CHECK NO. TO WHOM PAID PURPOSE AMOUNT 051730 (L) Griggs, Cooper & Co. Liquor Purchases $ 3,773.72 051731 (L) Johnson Bros. Wholesale Wine & Liquor purchases 1,429.05 051732 (L) Jude Candy & Tobacco Co. Misc. & Cigarette purchases 236.16 051733 (L) Minnegasco Utilities 129.00 051734 (L) Ed Phillips & Sons Co. Liquor & Wine purchases 603.98 051735 (L) Prior Wine Co. Wine purchases 551.08 051736 (L) Quality Wine & Spirits Co. Wine purchases 1,251.78 051737 (G) Mary Ann Meyer House Purchase Nov 87 1,055.00 051738 (G) Daniel Vogt Mileage 55.91 051739 (L) Ken Jarcho Insurance Liquor Liability Insurance 7,225.00 Total General Total Liquor 248,994.87 36,682.70 CHECK NO. . . GENERAL & LIQUOR FUNDS-BILLS PAID SINCE OCTOBER 20, 1987 TO WHOM PAID PURPOSE AMOUNT PAYROLL LIST-PAYROLL PERIOD 10/28/87 201608 (G) 201609 (G) 201610 (G) 201611 (G) 201612 (G) 201613 (G) 201614 (G) 201615 (G) 201'616 (G) 201617 (G) 201618 (G) 201619 (G) 201620 (G) 201621 (G) 201622 (G) 201623 (L) 201624 (L) 201625 (L) 201626 (L) 201627 (L) 201628 (L) 201629 (L) 201630 (L) 201631 (L) 201632 (L) 201633 (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 Thara1son Ross Nasset John Josephson William Josephson Susan Latterner Dean Young Joel Bovee Scott Bennyhoff $ 939.51 699.38 462.30 361.51 616.55 508.30 805.89 500.54 105.34 397.65 581.59 590.51 532.04 491. 71 798.06 499.54 204.35 192.72 36.05 140.16 113.89 520.75 163.05 499.57 96.32 228.69 8,390.88 2,695.09 257,385.75 39,377.79 80 reg hrs. 80 reg hrs 80 reg hrs. 80 reg hrs. 80 reg hrs. 80 reg hrs. 80 reg hra. 70 reg hrs. Motor Vehicle 80 reg hrs. 2 on call 80 reg hrs. 80 reg hrs. 80 reg hrs. 80 reg hrs. 2 on call 80 reg hrs. 80 reg hra. 46 reg hrs. 52 reg hrs. 7 reg hrs. 36 reg hrs. 26.5 reg hrs. 80 reg hra. 41 reg hra. 80 reg hrs. 20 reg hra. 53 reghrs. Total General Total Liquor TOTAL GENERAL TOTAL LIQUOR