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092887 CC Reg AgP , ' /' t' '. ,. , .. , CITY OF SHOREWOOD REGULAR COUNCIL MEETING SEPTEMBER 28, 1987 COUNCIL CHAMBERS 3755 COUNTRY CLUB ROAD 7 : 30 P. M. AGE N D A CALL TO ORDER A. Pledge of Allegiance B. Roll Call Gagne Brancel Mayor Rascop Haugen Stover 1. APPROVAL OF MINUTES A. Budget Review Meeting - September 9, 1987 (Att.No.lA-Minutes) B. Regular Council Meeting - September 14, 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. Request for Yeild Sign - Edgewood Road at Grant Lorenz Moved Second Vote ,. , -1- .. AGENDA MONDAY, SEPTEMBER 28, 1987 P IJ;E TWO ,I f puaqc HEARING: 7.4::1 P.Il. Assessment Hearing - Shorewood Oaks - Development and 3 Additional Parcels ~. I t / ! (Att.No.7-Planners Report Engineers Report) PUBLIC HEARING: 8:00 P.M. Adoption of the 1988 General Fund Budget (Att.No.8-Hearing Notice) WETLAND ALTERATION PERMIT Applicant: John Pastuck Location: 20345-47 Excelsior Boulevard (Att.No.9-Staff Report) 1/ PUBLIC HEARING: 811~ P. M. Allocation of Federal Revenue Sharing Fund I (Att.No.l0-Hearing Notice) PROPOSED AMENDMENT TO THE SHOREWOOD OAKS DEVELOPMENT AGREEMENT (Att.No.ll-Proposed Amendment and Staff Report) 11 / PUBLIC HEARING: 8:30 P.M. Assessment of Delinquent Utilities and Private Property Clean-up (Att.No.12-Hearing Notice) BRENTRIDGE DE~J:LOPMENT - RECONSIDERATION OF SEWER ASSESSMENT . Applicant: Dave Johnson fAtt.No.13-Staff Memo and Request) -2- . # ( . AGENDA MONDAY, SEPTEMBER 28, 1987 PAGE THREE ~ PL6NNERS REPORT A. B. 15. ATTORNEYS REPORT ~ "Going Out of ). Buslness~ Ordinance (Att.No.15A-Draft Ordinance) Status RepDrt - Orders to Remove BuildlflgS - Enchanted Island and County Road #19 c. ~ iHOI~~iB~ B~~gBI A. Eureka Road Drainage - Quotes for Ditch Cleaning B. 17. ADMINISTRATORS REPORT A. Petltion to Correct Drainage - Excelsior/Greenwood Channel (Att.No.17A-Resident Petitlon) B. DispOSl tiorl of House r. 1 B. MAYORS REPORT A. B. 19. COUNCIL REPORT A. ..~ B. . ~O. APPROVAL OF CLAIMS AND ADJOURNMENT -3- "'l CITY OF SHOREWOOD. BUDGET REVIEW MEET SEPTEMBER 9, 1987 CO.IL CHAMBERS 57 COUNTRY CLUB ROAD 7:30 P.M. M I NUT E S CALL TO ORDER Mayor Rascop called the meeting of September 9, 1987 to order at 7:34 p.m. for the purpose of reviewing the proposed 1988 City budget. ROLL CALL Present: Mayor Rascop, Councilmembers Gagne, Brancel and Stover (Haugen absent). Staff Administrator Vogt, Finance Director Beck, Planner Nielsen, Public Works Director Zdrazil, Clerk Kennelly and Financial Advisory Member John Bridge. BUDGET REVIEW The proposed budget has been reviewed by Rascop and Stover with Vogt and Beck. Administrator Vogt began the presentation of the budget by reading the opening letter. He reviewed the revenue sources and explained the 3% levy limitation imposed for all cities. No funds were budgeted to be added to the Working Capital Fund due to the increase in this fund in 1986 to approximately $500,000.00. There has been $30,000.00 incorporated into the budget for all salary and benefit increases. This amount will be distributed through out the year. He listed other major expenses proposed, such as, election equipment, city hall expansion and telephone system building inspection services, additionalP.ubliC ~orks employee ~nd street repairs. l ~1 ~~ fJ Lf1J-W ~~ The current budgetr represents a 8.3%~. Bridge commented that Shorewood has the third highest mill rate in Hennepin County in 1987 but that he felt the budget did not have any excessive spending in any of the areas. Council discussed hiring a contractual. Stover clarified budget. new Public Works person versus the current salaries shown in the The Council then reviewed each departments proposed expenditures. The police department budget has increased 2.6% due to 6 months of added building rent for a new building. The fire department is proposing an increase to hire a full-time fire inspector. Glen Johnston explained the need for the Fire Marshall. The added expense would be for a $22,000.00 salary plus benefits. Vogt pointed out items in each department and answered any questions the Council has on these items. The Council felt that the budget as proposed was a responsible budget. The Public Hearing to adopt this budget will be held at 8:00 p.m., September 28, 1987. -1- III # BUDGET REVIEW MINUT~ SEPTEMBER 9, 1987 PAGE TWO . ADMINISTRATIVE REPORTS Disaster Area Funds Vogt stated that diaster relief reimbursement funds will be received; $9770.00 $1303.00 $1900.00 Federal Local Government Aid State Audio Svstem Purchase Administrator Vogt has obtained a bid for speakers and microphones for the Council Chambers. He will be returning to the regular meeting for a budget amendment for the purchase of this $3,300.00 expenditure. MAYORS REPORT Sewer and Water A presentation will be given at the September 28, 1987 Council Meeting on jetting and televising the sewer lines for infiltration. The sewer and water budget will be discussed at a later meeting. Budget Thanks Rascop thanked the staff and Mr. Bridge for the good work done on this budget. ADJOURNMENT Gagne moved, seconded Meeting of September unanimously - 4 ayes. the Budget Review Motion carried by Brancel, 9, 1987 to adjourn at 9:43 p.m. RESPECTFULLY SUBMITTED, Robert Rascop, Mayor Sandra L. Kennelly City Clerk SLK/slq -2- . . CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, SEPTEMBER 14, 1987 COUNCIL CHAMBERS ~7~~ COUNTRY CLUB ROAD 7:30 P.M. 11 I NUT E S CALL TO ORDER The Regular Council meeting oz the Shorewood City Council waE called to order at 7:30 p.m., Monday, September 14, 1987, in the Council Chambers by Mayor Rascop. PLEDGE OF ALLEGIANCE AND PRAYER Acting Mayor Haugen opened the Regular Council Meeting with the Pledge oz Allegiance and a Prayer. ROLL CALL Present: Acting Mayor Haugen (Mayor Rascop arrived at 10:25 p.m.) Councilmembers Brancel, Stover and Gagne. Staff Attorney Froberg, Engineer Frigard, Adm1nistrat~T Vog~, Planner Niels~D and Clerk Kennelly APPROVAL OFKINUTES Brancel moved, seconded by Gagne, to approve the minutes of August 24, 1987 as amended - 4 ayes CRascop absent). Gagne moved, seconded by Stover, to approve the minuteE of August 13,1987 as amended - 4 ayes CRascop absent). MATTERS FROM THE FLOOR Notification of Chanae on Aaenda A resident asked the Council iz there was some way of inzorming the public when changes have been made on the agenda. Council directed staff to change the posted agenda when possible and an announcement will be made at the beginning of the meeting regarding any changes. PLANNING COMMISSION REPORT Gagne attended the last Planning CO~mission Meeting. He will report on the items addressed as they come up on the agenda. PARK COMMISSION REPORT ... Commissioner Lindstrom introduced and recommended she .be. appointed Commission. . 1 I i i 1/ Angela Weatherly to the Council to the vacancy on the Park Stover .oved, seconded by Brancel. to appoint fts. Weatherly to the Park Commission. "at ion carried - 4 ayes. -1- J~ MINUTEI 4It MONDAY., SEPTEMBER 14, 1987 PAGE TWO 4It PARK COMMISSION REPORT - cant. Lindstrom introduced .David Walker and Ernie Benny representing the South Tonka Littl~ League. They requested permission to improve the softball fields NiF'reeman Park. They would like to change the current Babe Ruth field to .a softball field to be used by 13-15 year olds. The cost of this improvement would be paid for by a promised $12.000.00 from a Tonka Men's Club donation. They also would like to upgrade the current Little League field. A 15 year lease is currently in effect with the South Tonka Babe Ruth leagu~ for the use of the Babe Ruth field. Mr. Walker is meeting with a r~presentative of the Babe Ruth league to obtain an agreement with them regarding the field. They are asking for permission to reduce the size of the Babe Ruth field, completely redo that field, and move the fence in. They would also like to upgrade the Little League field by grading, resodding, striping and general clean-up and maintenance. They will also need water available to water the new sod when it is installed. Vogt recommended prior to further accessibility of sources. that an agreement be made with Tonka Babe Ruth discussion. Staff will look further into the obtaining water from Shorewood Oaks or other Brancel moved, seconded by Gagne, to approve the renovation of both fields except the moving of the Babe Ruth field fence until an agreement has been made with the leaser. Motion carried - 4 ayes. Brancel directed the staff to look into the feasibility of water and the cost for Freeman Park. Brancel moved, seconded by Gagne, to approve the expenditure of $688.50 for a Park sign to be installed by MnDOT, funds to come out of the Park Fund. Motion carried - 4 ayes. The Park Commission recommended that the Council request park fund fees as opposed to land donation from the Galpin Lake Woods subdivision. CONSENT AGENDA STREET LIGHTING REQUESTS: MCKINLEY PLACE 3RD AND SHOREWOOD OAKS Requests have been received from the developers of Near Mountain and Shorewood Oaks to install street lights in these subdivisions, McKinley Place at Near Mountain 3rd and Shore wood Oaks. LAKE MINNETONKA CABLE COMMUNICATIONS COMMISSION - 1988 BUDGET APPROVAL RESOLUTION NO. 111-87 The 1988 Cable approval to the increase over the Communications Budget has been submitted for Joint Powers cities. The budget reflects a 19.7Y. 1987 budget. -2- MINUTES MONDAY, SEPTEMBER 19, 1987 PAGE THREE . . CONSENT AGENDA - cont. FINDINGS OF FACT - AMOCO SERVICE CE~TER CONDITIONAL USE PERMIT RESOLUTION NO. 109-87 A Resolution of Findings of Fact was submitted denying the Conditional Use Permit for the Amoco Service Center. This denial was adopted at the August 24, 1987 Council Meeting. FINDINGS OF FACT - BRENTRIDGE E.A.W. RESOLUTIO~ NO. 112-87 A Resolution the denial subdivision. was submitted stating the Findings of Fact supporting of the request for an E.A.W. on the Brentridge PAYMENT VOUCHER APPROVALS S.E. Ar.. Pumchou.. - Pro,.ct No. 86-1C Engineer Frigard recommended approval of payment of Voucher #1 in the amount of $25,401.80 to A & K Construction, Inc. Shorewood Oaks - Pro1ect 87-1 Engineer Frigard recommended approval of payment of Voucher #4 in the amount of $159,186.72 to Richard Knutson, Inc. Sealcoatina and Overlay - ProJect No. 87-2 Engineer Frigard recommended approval of payment Voucher No.1 in the amount of $111,221.00 to Munn Blacktop, Inc. AUDIO SYSTEM PURCHASE - BUDGET AMENDMENT Due to additional equipment audio system, an increase $3,000.00 to $3,300.00. being added to the Council Chambers in funds is being requested from REGULAR COUNCIL MEETING DATE CHANGE Due to Monday, October 12, 1987 being a Holiday, the Regular Council Meeting will be held on Tuesday, October 13, 1987. Gagne moved, seconded by Stover, to approve the above listed Consent Agenda items including adoption of 3 Resolutions. Motion carried - <4 ayes by Roll Call Vote. -3- MINUTES MONDAY, SEPTEMBER 14, 1987 PAGE FOUR . . WEDGEWOOD ROAD SPEED ZONE REQUEST Upon the request of the res'dents on W d . e gewood Road, MnDOT has recommended a reduction in the speed l;m;t to ~O h t~ . . ~ mp and to improve Ile site distance lines by tr;mm;ng trees d b h . h . . an rus along the r~g t-of-ways, also to try to obtain additional right-of-way to widen the road. Gagen moved, seconded by Brancel, to continue and directed the staff to determine the present location of the platted road and determine the rights of the City to obtain additional easements for road surface. Motion carried - 4 ayes. CEMETERY OF THE RESURRECTION - PERMIT REQUEST FOR INCIDENTAL USE OF PUBLIC RIGHT-Of-WAY Roger Hennessy was present representing St. John the Baptist Church in a request for an incidential use permit to use public road right-of-way to install a fence at the Cemetery of the Resurrection. The use of the right-of-way would prevent the removal of a tree line. He would also like the right to vary the distance from 3' to 4' into the right vf-way due to a retaining wall. Stover moved, right-of-way. seconded by Brancel, Motion carried - 4 ayes. to gr.ant th..e use Jf public ~~~ ~ .~Cv- t-J11 COUNCIL BREAK 8:28 P.M. - 8:31 P.M. BRENTRIDGE REZONING R-1C PRELIMINARY & fINAL PLAT APPROVAL ORDINANCE NO. 198-87 RESOLUTION NO. 113-87 Developer Dave Johnson was present to request approval of rezoning the property known as Brentridge from R-1A to R-1C and to get preliminary and final plat approval of this 24 lot subdivision. He stated that he has received Watershed approval subJect to additional detailed information that he has submitted and contingent upon receiving City approval. He stated that he will be adding additional landscaping trees to the site to buffer the existing houses from the new subdivision. Area residents asked to review the current development pl~~s. They asked why the development was being considered for approva~ when the Planning Commission and Council previously denied the') request. Council stated that the plans changed from 26 lots ~o 24 lots as recommended by both the Planning Commission and the Council. The residents felt that the property should be rezoned to R-1B if changed at all. Stover stated that the R-1C reflected the existing lot sizes that are already built upon. She then read the sizes of the surrounding lots which average approximately 25,000 square feet. The proposed subdivision is averaging between 26,000 and 27,000 square feet. Bill Gaby would like to see only 8 lots backing up to the existing lots along Howards Point Road. -4- MINUTES 4It MONDAY, SEPTEMBER 14, 1987 PAGE FIVE 4It BRENTRIDGE REZONING R-1C - cont. Gagne moved, seconded by Stover, to amend the current Ordinance by rezoning Brentridge ~rom R-IA to R-IC. The Ordinance was adopted by Roll Call Vote - 4 ayes. Gagne moved, seconded by Brancel, to approve the Preliminary plat, the Final plat and Development Agreement as requested. Resolution adopted by Roll Call Vote - 4 ayes. SIMPLE SUBDIVISION - 25110 YELLOWSTONE TRAIL RESOLUTION NO. 114-87 A request has been received ~rom Kathy Holschuh of 25110 Yellowstone Trail to divide her current property into.2 one acre lots. Gagne stated that the Planning Commission approved the request subJect to the nine recommendations of the Planner. Stover to the 4 ayes. moved, seconded by Gagne, Planners recommendations. to approve the subdivision subJect Motion carried by Roll Call Vote - GALPIN LAKE WOODS - PRELIMINARY PLAT APPROVAL RESOLUTION NO. 115-87 Jeffrey Schoenwetter presented his 12 lot subdivision for preliminary plat approval. This subdivision is located at the end of Bracketts Road where one house exists. Gagne stated that the neighbors expressed concerns on the rights to the easement on portions of Bracketts Road and who has the right to use it. Attorney Froberg stated that the paved surface of the road belongs to the City whether it is located on the right-Of-way or not as long as it's been used there for 6 years or more. Modifications will be made to have all the new portions of the road installed on the proper right-of-way. Gagne moved, seconded by Brancel, to approve the preliminary plat subJect to the Planner's six recommendations and the Park Commission recommendation for park donation to be in cash. Motion carried by Roll Call Vote - 4 ayes. ~ ~~~.~~~~~~q~~tRrnENTS PLANNED yurT DEVELO~~~~~UT~~~ :g: ~i~~ P~-A fJ Mark Ste~ngas has returned to obtain approval of a final plan of a planned unit development. He has met with the conditions set forth by the Planner. He has agreed to the required 12' x 70' size for the loading area. Planner Nielsen has asked to have "no parking" signs installed on the fire lane. He also will be adding an improvement time schedule and sewer equalization exhibit to the development I agreement. The Engi.jfFer and the Watershed District have approved the 11 drainage plan. Nielsen stated that a storm water study is .cheduled for that area. If tais proJect is done, the affected properties ~~. . ......... be assessed. They would like to be able to return to the Watershedr4 . District for approval to change the location of the drainage pond if [ :el~t~~; ~~:e~p~~~;:~~s~s done. _5:hey will be installing an individual f~ . t..aL 1 MINUTES MONDAY, SEPTEMBER 14, 1987 PAGE SIX . . SHOREWOOD PLACE APARTMENTS - eont. Stover mov;3 seco d d b G final I' n e. ~ agne, to adopt a Resolution approving the p a and author1zed the Mayor and Clerk to execute a Development Agreement. Motion carried by Roll Call Vote - 4 ayes. Stover moved, seconded by Gagne, to amend the Zoninc Ordinanc.e end rezone the Shorewood Place Apartments property to- Planned Unit Development. Ordinance adopted by Roll Call Vote - 4 ayes. ATTORNEYS REPORT Author~zat1QO to I,_~, C1tlt100_ ORDi~AHCE Mg. 20Q~ Attorney Froberg submitted a draft Ordinance authorizing designated persons to issue citations. He amended the draft by adding "agents" to the wording in 4 areas. Stover moved, seconded by Brancel, to adopt the Ordinance as amended. Ordinance adopted by Roll Call Vote - 4 ayes. Desianatina Animal Patrol Officer RESOLUTION NO. 117-87 Gagne moved, Services to ayes. seconded by Stover, to designate Midwest Animal issue citations. Motion carried by Roll Call Vote - 4 Order to Remove Attorney Froberg suggests that the City could begin looking for a contractor to demolish the structure at 5520 County Road #19. We will be able to proceed as soon as we get on the Judge's calendar and receive the order to remove. ENGINEERS REPORT S.E. Area Water Tower Bid Awarded RESOLUTION NO. 118-87 Bids for the S.E. Area Water Tower were received Monday, August 31, 1987, The specifications for bidding were drawn for a 400,000 and 500,000 gallon water tank. This was done to try and receive more competitive bids. Engineer Norton has recommended acceptance and awarded the bid to CBr Na-Con, Inc., in the amount of $463,100.00 for the 400,000 gallon tank. Gagne asked if this tank s1~e will be a sufficient size to support a connection with the Amesbury well in the future. Engineer Frigard stated that it was and that additional underground storage will be added in the future with either size tank. Administrator Vogt reviewed $5,575.00 will be charged approximately $46,OOOrOO is improvements. the proJect to an directly costs of $985,OOOrOO, outside connection and attributed to park -6- MINUTES MONDAY, SEPTEMBER 14, 1987 PAGE SEVEN . . ENGINEERS REPORT - cont. S.E. ~r.a Water Tower ~id Award - cont. Gagne moved, seconded by Brancel, to draft a Resolution accepting the Engineer's recommendation and awarding the bid to CBr Na-Con, rnc. in the amount of $463,100.00. Motion carried by Roll Call Vote - 4 ayes. ADMINISTRATIVE REPORTS Status R.oort on Sale of Hous. Vogt received a bid of $105,000.00 on the house today. He stated that he received estimates from real estate agents to list for $115,000.00 which after commissions were paid, would give the City a net $102,000.00. He recommended readvertising or lowering the price. Haugen suggested contacting Don Streeter to obtain a professional opinion on the price. Office Excansion Discussion Nick Ruehl of EOS presented conceptual plans for a 1600 square foot addition for City Hall. The basement plans provide only the minimum to meet state code, other improvements can be done in the future. An estimated bid on this plan ~s $149,500.00. A Conditional Use Permit will need to be updated prior to construction. Ruehl recommends January or February to receive bids with a spring construction proposed. The conditional use permit public hearing can be scheduled for November 17, 1987 and then on to the Council for action. Rascop moved, seconded by Gagne, to approve the plan and to include having the architect prepare an agreement to be presented to the Council. Motion carried - 5 ayes. ENGINEERS REPORT - CONT. Shorewood Oaks Pro,ect Status Reoort and Costs to be Ass.ssed RESOLUTION NO. 119-87 Engineer Norton has submitted detailed proJect costs for the Shorewood Oaks proJect to be assessed. Final figures will be verified be~ore and after certification is ~one. Rascop moved, seconded by Gagne, ~o ~uthorize the certification of assessment in the amount of $1,488,300.00 to the Shore wood Oaks property. Motion carried by .Roll Call Vote - 5 ayes. -7- . . MINUTES MONDAY, SEPTEMBER 14, 1987 PAGE EIGHT ENGINEERS REPORT - CONT. Set Public Hearina for Certification of Assessments RESOLUTION NO. 120-87 Vogt requested a Resolution be approved setting the public hearing to certify assessments to Shorewood Oaks and others listed to this improvement. Notice of hearing will be published and sent to affected property owners. Gagne moved, September 28, 5 ayes. seconded by Stover, to set the assessment hearing for 1987 at 7:45 p.m. Motion carried by Roll Call Vote - ADMINISTRATIVE REPORTS Stricina Smithtown Road Reauest A request striped. was received asking that Smithtown Road be center Vogt has obtained estimates for variations of striping. Stover moved, seconded by Brance~, t~ include in the 1988 Budget, $500.00 for broken yellow line striping. Motion carried - 5 ayes. Curry Farms Develocment - Lilac Lane Discussion Brancel recommended postponement of this Chanhassen completes ther Comprehensive plans. discussion until Drainaae Ditch Comclaint on Timber Lane A complaint was received regarding a drainage ditch on Timber Lane. Council directed that the ditch be cleaned out, and that a report come back to Council. Works hoc Meetina Date The Council September 26, and Commission Workshop has been 1987 to 8:00 a.m., January 9,1988. changed from MAYORS REPORT LMCD - "inn.tonka Council Mayor Rascop attended the Minnetonka Council Meeting this evening regarding a LMCD issue. -8- . . MINUTES MONDAY, SEPTEMBER 14, 1987 PAGE NINE COUNCIL REPORTS Meetina to be Attended Haugen will attend a transportation meeting at 8:30 a.m. on September 17, 1987. Vogt will attend September 16, 1987. Revenue meeting at 2:00 a ADJOURNMENT p. m. on Rascop moved, seconded by Stover, to adJourn the Regular Council meeting of September 14, 1987 at 11:04 p.m. subJect to approval of claims to be paid. Motion carried unanimously - 5 ayes. General and Liquor Funds - Acct. No. 00-00166-02 General Checks #051373 - 051483 $482,136.08 Payroll Checklist: Checks #201519 - 201545 $ 8.275.72 Total $490, 411. 80 RESPECTFULLY SUBMITTED, Sandra L. Kennelly City Clerk Rnher L nascop, Mayor Y"- ~ SLK/slq -9- L1QUOr $69,752.60 $ 2.833.29 $72,585.89 ccf:r- CHECK NO. 051373 (L) 051374 (G) 051375 (G) 051376 (G) 051377 (G) 051378 (G) 051379 (G) 051380 (G) 051381 (G) 051382 (G) 051383 (L) 051384 (L) 051385 (L) 051386 (L) 051387 (L) 051388 (L) 051389 (L) 051390 (L) 051391 (L) 051392 (L) 051393 (L) 051394 (L) 051395 (L) 051396 (L) 051397 (L) 051398 (L) 051399 (L) 051400 (L) 051401 (L) 051402 (L) 051403 (G) 051404 (G) 051405 (G) 051406 (G) 051407 (G) . . GENERAL & LIQUOR FUNDS - BILLS PAID SINCE 9-8-87 TO WHOM PAID Minnegasco Petty Cash Petty Cash Medcenters Health Plan Daniel Vogt Mn. Gvt. Finance Officers Center for Urban Policy Res. Arrowwood-Radisson Resort Northwestern Bell Lake Mtka College Center Air Refrigeration Bellboy Corporation Coca Cola Day Distributing Co. Eagle Wine Company East Side Beverage Co. Griggs, Cooper & Co. Johnson Brothers Wholesale Jude Candy & Tobacco Mark VIII North Star Ice Old Dutch Foods Pepsi Cola Ed Phillips & Sons Co. Pogreba Distributing Prior Wine Co. Quality Wine & Spirits Royal Crown Beverage RBKS Corporation Thorpe Distributing Co. Munn Blacktop Inc Richard Knutson, INc. A & K Construction Title Insurance Co. Froberg & Penberthy - 1 - PURPOSE Utili ties To increase petty cash Replenish petty cash Employee health cov. Sept. 87 Mileage for August 87 Annual conference Handbook Gvt Finance Officers Assoc. Telephone service "Phy. of Human Relations" Repair walkin coller Liquor purchases Pop Purchases Beer & Mise purchases Wine purchases Beer purchases Liquor purchases Wine & Liquor purchases Mise & cigarette purchases Beer & Soda purchases Misc. purchases Misc. purchases Pop purchases Wine & Liquor purchases Misc. & Beer purchases Misc. & Wine purchases Wine purchases Pop purchases Liquor & Wine purchases Beer purchases Seal Coating Proj. No. 87-2 Trunk Water Main No. 87-1 Proj. No. 86-lC Reimbursement Legal Fees Ongoing development Development Prosecutions SE Area Water Eureka Road Project Litigations General Retainer 262.50 1,406.25 2,250.00 450.00 150.00 581. 25 1,432.50 250.00 AMOUNT $ 24.00 25.00 20.17 786.80 61. 70 85.00 31. 90 133.56 62.69 110.50 62.00 3,741.39 416.75 5,003.42 625.83 7,062.65 3,722.57 634.78 1,032.15 8,697.52 572.30 103.57 409.45 721.59 2,068.15 811.24 999.63 112.60 293.00 10,463.51 111,221.10 169,186.72 26,401. 80 15.93 6,782.50 CHECK NO. 051408 (G) 051409 (G) 051410 (G) 051411 (G) 051412 (G) 051413 (G) 051414 (G) 051415 (G) 051416 (G) 051417 (G) 051418 (G) 051419 (G) 051420 (G) 051421 (G) 051422 (G) 051423 (G) 051424 (G) 051425 (G) 051426 (G) 051427 (G) 051428 (G) 051429 (G) 051430 (G) 051431 (G) 051432 (G) 051433 (G) 051434 (G) 051435 (G) 051436 (G) 051437 (G) 051438 (G) 051439 (G) 051440 (G) 051441 (G) 051442 (G) 051443 (G) 051444 (G) 051445 (G) 051446 (G) 051447 (G) . . GENERAL & LIQUOR FUNDS - BILLS PAID SINCE 9-8-87 TO WHOM PAID A-I Minn~tonka Rental A T & T Acro-Minnesota, Inc. American National Bank American Linen Supply Co. Ameridata Systems Associated Asphalt Bob's Personal Coffee Serv Braun Engineering Testing Chapin Publishing Co. Chaska Parts Service City of Excelsior City of Excelsior City of Mound Commers Soft Water D.R. Copier Service Davies Water Equipment Co. Hennepin County Treasurer GT Commercial Services W.W. Grainer, Inc. Jim Hatch Sales Co. Itasca Equipment Co. Jerde Trucking Kar Products Long Lake Ford Tractor Louisville Landfill- John & Jill Majestic Loren Kohnen Metro. Waste Control Comm. Metro. Waste Control Comm. Midwest Animal Services Midwest Asphalt Corp. Commissioner of Transport. P I Audio/Design WM Mueller & Sons Inc Munitech, Inc. Navarre Amoco Navarre True Value Navarre True Value Satellite Industries, Inc - 2 - PURPOSE AMOUNT Refill propane Tanks $ Telephone Service Office supplies GO Impro Refunding Bonds Laundry Service Diskettes-Office supplies Blacktopping-Streets Coffee & Coffee filters Testing for Shorewood Oaks Advertisement for Bids Misc. filters, etc. 2nd quarter 1987 water purchase 4rd quarter fire contract '87 4rd quarter fire contract '87 September rent Toner-City Hall Repair coupling Specials-Taxes GT Commercial Services Capacitor-Water Dept. Barracades, Flashers, Traffic Rubber pads Truck Rental Shop supplies Roller rental Dumping fee Condemnation of certain lands May building inspections (152) Sac charges October sewer charges Animal control Blacktopping-streets Fredman park signs Audio system est 50% down Tack oil Maintenance Sept '87 Tire repair Misc. supplies Misc. supplies Chemical toilets 6.36 1.56 350.64 260.14 179.51 157.40 11 , 980.48 104.95 3,047.90 255.06 86.02 1,644.00 13,440.00 913.37 22.50 70.00 71.60 1,431. 01 1,105.00 56.81 426.58 57.10 1,044.00 47.12 850.00 84.00 4,800.00 5,198.28 7,276.50 19,910.06 449.50 2,513.11 688.50 1,641.85 198.00 4,175.00 10.00 83.75 40.94 48.00 CHECK NO. 051448 (G) 051449 (G) 051450 (G) 051451 (G) 051452 (G) 051453 (G) 051454 (G) 051455 (G) 051456 (G) 051457 (G) 051458 (G) 051459 (G) 051460 (G&L) 051461 (G&L) 051462 (G&L) 051463 (L) 051464 (L) 051465 (L) 051466 (L) 051467 (L) 051468 (L) 051469 (L) 051470 (L) 051471 (L) 051472 (L) 051473 (L) 051474 (L) 051475 (L) 051476 (G) 051477 (G) 051478 (G&L) 051479 (G&L) . . GENERAL & LIQUOR FUNDS - BILLS PAID SINCE 9-8-87 TO WHOM PAID S. Lake Mtka Public Safety Super Cycle Inc. Northland Electric Supply Northern States Power Co. Orr Schelen Mayeron & Assoc. Toll Company Water Products Co. Weekly News, Inc. Minnesota Suburban News City-County Credit Union Child Support Enforcement ICMA Retirement Commissioner of Revenue The Bank of Excelsior Public Employees Bellboy Corporation Griggs, Cooper & Co. Johnson Brothers Liquor Minnegasco Minnesota Suburban News Northern States Power Co. Ed. Phillips & Sons Pogreba Distributing Prior Wine Co. Quality Wine & Spirits Weekly News, Inc. Waste Management Commissioner of Revenue Minnesota Dept. of Revenue Boulder Bridge Farm Physicians Health Plan Minnesota Mutual Life - 3 - PURPOSE AMOUNT $ October 1987 Budget Recycling services Aug '87 Timer for Badger Well City wide electricity Engineering costs SE Area Water 2,957.38 Badger pumphouse 483.03 Temporary water conn 844.35 Development 737.05 On going development2,118.52 Shorewood Oaks 30,892.66 General 2,968.85 Welding rod Water Meters Legal notices Notice for bids 9/16/87 Payroll-Credit Union 9/16/87 Payroll-Child Support 9/16/87 Payroll-ICMA 9/16/87 Payroll-State w/holding 9/16/87 Payroll-FICA & Fed. 9/16/87 Payroll-PERA Liquor purchases Liquor purchases Wine & Liquor purchases Utilities Advertising Utilities Wine purchases Beer & Mise purchases Wine purchases Wine purchases Advertising Waste removal August '87 sales tax August '87 Fuel tax Water Connection Employee Health Insurance Sept '87 Employee ACed den:t , Insult' Sept 187 25,547.36 602.00 79.18 1,790.60 41,001. 84 23.63 733.82 140.32 82.50 82.00 145.00 515.00 764.59 3,837.07 1,194.46 2,104.96 4,157.41 2,741.59 24.00 67.74 767.27 161. 57 2,432.35 267.43 707.70 156.00 17.00 8,218.11 134.59 2,960.00 2,542.37 118.32 . . GENERAL & LIQUOR FUNDS - BILLS PAID SINCE 9"'8-87 CHECK NO. TO WHOM PAID PURPOSE AMOUNT 051480 (G) Metro. Area Management Assoc Managers association $ 9.00 051481 (G) U.S. Postmaster Postage Meter 500.00 051482 (G&L) Commercial Life Insurance Employee Life Insurance Sept '87 24.48 051483 (G) Jean Sorensen Mileage for Sept '87 7.35 Subtotal General Subtotal Liquor 482,136.08 69,752.60 - 4 - CHECK NO. . . GENERAL & LIQUOR FUNDS - BILLS PAID SINCE 9-8-87 TO WHOM PAID CHECK LIST-PAYROLL PERIOD 9/16/87 201519 (G) 201520 (G) 201521 (G) 201522 (G) 201523 (G) 201524 (G) 201525 (G) 201526 (G) 201527 (G) 201528 (G) 201529 (G) 201530 (G) 201531 (G) 201532 (G) 201533 (L) 201534 (L) 201535 (L) 201536 (L) 201537 (L) 201538 (L) 201539 (L) 201540 (L) 201541 (L) 201542 (L) 201543 (L) 201544 (L) 201545 (L) Daniel Vogt Sandra Kennelly Susan Niccum Shelly Quaas Evelyn Beck Jean Sorensen Bradley Nielsen Patricia Helgesen Charles Davis Dennis Johnson Daniel Randall Howard Stark Ralph Weh1e Donald Zdrazil Russell Marron Robert Nash Christophe Schmid Donald Thara1son Ross Nasset John Thompson John Josephson William Josephson Susan Latterner Steven Maeger Dean Young Joel Bovee Scott Bennyhoff Subtotal General Subtotal Liquor Total General Total Liquor TOTAL - 5 - PURPOSE 80 reg hrs. $ 80 reg hrs. 80 reg hrs. 80 reg hrs. 80 reg hrs. 80 reg hrs. 80 reg hrs. 67.25 reg hrs. 80 reg hrs. 80 reg hrs. 80 reg hrs. 80 reg hrs. 2 hrs on call 80 reg hrs. 80 reg hrs. 80 reg hrs. 32 reg hrs. 44 reg hrs. 14 reg hrs. 50.5 reg hrs. 16 reg hrs. 36 reg hrs. 80 reg hrs. 32.5 reg hrs. 10.5 reg hrs. 80 reg hrs. 20 reg hrs. 44 reg hrs. AMOUNT 939.51 699.38 462.31 366.49. 616.55 516.78 805.89 490.28 384. 77 581. 59 590.51 544.93 478.67 798.06 499.54 160.00 164.86 71.49 219.68 72.52 151. 41 520.75 131.47 52.25 499.57 96.32 193.43 8,275.72 2,833.29 490,411.80 72,585.89 562,997.69 . . CITY OF SHOREWOOD MAYOR Robert Rascop COUNCIL Jan Haugen Kristi Stover Robert Gagne Barb Brancel ADMINISTRATOR Daniel J. Vagt 5755 COUNTRY CLUB ROAD . SHOREWOOD. MINNESOTA 55331 . (612) 474-3236 MEMO TO: Mayor and Counci1members FROM: Dan Vogt DATE: September 22, 1987 SUBJECT: Yield Sign Request - Edgewood Road & Grant Lorenz Road A request has been made by a resident for the placement of a Yield sign on Edgewood Road at its intersection with Grant Lorenz Road. Currently no traffic control signs exist at this intersection. Based upon review of the request with staff including Police Chief Young, installation of the sign is recommended. If the Council agrees with this recommendation, your approval would be made by Resolution. This item appears on the consent agenda for the meeting of September 28, 1987. Please contact me if you have any questions relative to this matter prior to Monday night. DJV/s1q cc: Brad Nielsen Glenn Froberg Don Zdrazil Rick Young A Residential Community on Lake Minnetonka's South Shore $A- . . The total cost of the improvement is $1,488,300.00 Pursuant to Minnesota Statutes Section 429.011 to 429.110, all property lying within the above-described limits and benefiting therefrom is proposed to be assessed. The proposed assessment is on file for public inspection at the City Clerk's office and the City Engineer's office. Written or oral objections will be considered at the hearing, but the Council may consider any objections to the amount of the proposed individual assessments at an adjourned meeting upon such further notice to the affected property owners as it deems advisable. An owner may appeal an assessment to district court pursuant to Minnesota Statutes Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after the adoption of the assessment and filing such notice with the district court within ten days after service upon the Mayor or Clerk. No such appeal as to the amount of an assessment as to a specific parcel of land may be made unless the owner has either filed a signed written objection to that assessment with the City Clerk prior to the hearing or has presented the written objection to the presiding officer at the hearing. The City Council has adopted, pursuant to the authority granted by Minnesota Statutes Section 435.193 to 435.195, a resolution containing standards and guidelines for deferring the assessments for senior citizens for whom it would be a hardship to make the payments on homestead property. The standards and guidelines are on file with the City Clerk and the City Engineer for your inspection. Sandra L. Kennelly, City Clerk ~~ . . Shorewood Oa~~De:velopment, Inc. PHONE: (612) 884-3882 6100 AUTO CLUB ROAD . SUITE 314 . BLOOMINGTON, MN 55438 September 23, 1987 Mr. Dan Vogt City of Shorewood 5755 Country Club Road Shorewood, r.1N 55331 Dear Dan, Re: Brentridge Addition Sewer An interesting situation has developed in discussing my bid fer the improvements to this project with my contractor and my engineer. It appears the sewer trunk that I will be assessed for with the equal ization assessment was not designed and installed so that it will serve my property. The line in Howards Point Road is not deep enough to serve ~~ property without either a 1 ift station 'J'r r2013.:,:inq part of the 1 ine and digging up Howards Point Road and Smithtcwn RO~G in the process. Additionally the city is requiring that I oversize the watermain that I have to bring to the property (benefiting other people) rather than the normal size to serve my project. I am enclosing copies of letters from Tom Ryan at Richard Knutson Inc. and Ray Brandt from Brandt Engineering and Surveying outlining the costs that I should be reimbursed for from the city to avoid being charged twice for the same thing. The amount I feel that I should be reimbursed is as follows: S?5,235.00 5,800.00 12,465.00 ~'f3-;500 . 00 Sanitary Sewer Howards Point Road Oversize watermain Howards Point Road Road Restoration Howards Point Road TOT.I\L to be rehlbursed to Shorewood Oaks Development, In~. by City of Shorewood Thank you for your consideration. Sinc~re1y, ~-_/ Dav'id A. Johnson Pres i dent Encl. 6 """'- . . RICHRrD KnUTson. Inc. <I September 23, 1987 Shorewood Oaks Development 6100 Auto Club Drive - Suite 314 Bloomington, MN 55420 Attn: Dave Johnson, President Re: Utility Construction Brentridge Addition Shorewood, MN Dear Sir: We submit the following cost information with regard to the above referenced project for your reviewal. This cost information is supplied to you as an explanation of the abnormally high costs you will experience to improve your development relative to it not being readily served by sanitary sewer and water. Sanitary Sewer - Howards Point Road * Because the existing 9" V.C.P. sanitary sewer main in Howards Point Road is to high to service your project, it is necessary to go back to Smithtown Road and reinstall the sanitary sewer at a deeper depth or install a lift station in your project and pump the sewage into the existing line. Below we have furnished a price schedule that shows an itemization of both options. QEtion A - Gravity Sewer 8" PVC San Sew 20 - 25' deep Standard Manholes Manhole Over Depth Patching of Smithtown Road Detour of Smithtown Traffic Connect to Existing San Sewer in Smithtown Road 80 If @ 1 ea @ 13 If @ 38.50 1,000.00 60.00 $14,630.00 1,000.00 780.00 3,470.00 2,250.00 3,100.00 $25,230.00 Page 1 of 3 201 TRAVELERS TRAIL . BURNSVILLE, MN 55337 . 612/890-8811 . . ~ 9/23/87:Shorewood Oaks Brentridge Addition Shorewood, MN Option B - Lift Station Lift Station wJ submersible pumps 4" D.I.P. Forcemain . 1050 If @ 12.50 $38,000.00 13,125.00 $51,125.00 Watermain - Howards Point Road * Because there is no watermain to your project we have to go back to the South side of Smithtown Road to connect to a 16' x 12" Tee and extend a 12" watermain approximately 380 LF up Howards Point Road to reach your project. Below we have itemized the costs necessary to do this work. Fortunately this work can be done much more cost effective now because we are already ripping up Smithtown Road with the new sanitary sewer connection in option A. 12" Watermain 380 If @ 25.00 12" Valve & Box 2 ea @ 950.00 12" x 6" tee 1 ea @ 375.00 12" Plug 1 ea @ 200.00 Connect to existing 12" Tee 1 ea @ 650.00 $ 9,500.00 1,900.00 375.00 200.00 650.00 $12,265.00' Please Note: If this watermain could be reduced to 6", which would be considered a "normal size", you could deduct $5,800.00 from the above prices. Howards Point Road Restoration * Because your Brentdridge is not served with any useable sanitary sewer or watermains, new lines will have to be installed within the existing Howards poi.nt Roadway. This will necessitate removing the existing road and replacing it with a new road. Below we have itemized the costs relative to this work. Subgrade Preparation Class 5 100% Crushed- Bit Base Course Bit Wear Course Seeding Shoulder Areas $ 1,290.00 2,960.00 4,400.00 2,315.00 1,500.00 $12,465.00 Page 2 of 3 '. . 9/23/87:Shorewood Oaks Brentridge Addition Shorewood, MN . RECAPITULATION USING ALTERNATE "A" Sanitary Sewer - Howards Point Road Watermain - Howards Point Road Howards Point Road Restoration Total Costs to bring sewer and water to project $25,230.00 12,625.00 12,465..00 $5O';TIO':OO' RECAPITULATION USING ALTERNATE ."B" Sanitary Sewer - Howards Point Road Watermain - Rowards Point Road Howards Point Road Restoration Total costs to bring sewer and water to project $51,125.00 12,625.00 l2,46S.00 $7'6;21 5 . 00' After you've had a chance to reveiw this information, please call me if you have any questions or wish to meet and discuss this further. Otherwise, I hope this will explain the rather high costs you are incurring to develop this land. Thank you. TJR:mac Submitted, N, INC. Page 3 of 3 'Qftdt.ft9Ift..'I~ a IUlu.ylft9 1705 woodll'QII ,- bu,nlulllc, mlnnc/ola 55557 (611) 455-1966 22 September, 1987 Mr Dave J.:.hYls':''("1 Shorewood Oaks Development 6100 Auto Club Road, Suite 314 Bloomington, MN 55420 Re/BRENTRIDGE Dear Dave, I have reviewed the enclosed letter from Tom Ryan of Richard Knutson, Inc. It is my opinion that the cost fiQures used by Tom are a fair estimate of the added costs you will be occurring on the above-referenced proJect. A lift station is normally used only as a last resort. In this situation, gravity flow can be attained by going to Smithtown Road but at an expense that you really shouldn't have to bear. The cost of the lift station is considerably higher plus the maintenance is much higher for the lift station than for a gravity flow situation. Als.:.. the ""atermai',.., is beiYlg clver-sized tel a 12" diameter and that is a benefit to areas beyond your proJect. You should not have to pay for the over-sizing. If I can be of further assistance please contact me. SiYlce'rely y':ll\rs! 6~ . 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 MEMORANDUM MAYOR AND CITY COUNCIL BRAD NIELSEN .~ DATE: 24 SEPTEMBER 1987 TO: FROM: RE: WESTWOOD 4TH ADDITION - FINAL PLAT/DEVELOPMENT AGREEMENT FILE NO.: 405 (87.17) As you recall. at its 11 May meeting. the Shorewood City Council approved a preliminary plat for Westwood 4th Addition. The developer. Bernie Eisenreich. has now submitted a final plat for the project. Consistent with the preliminary plat approvel. a standard development agreement has been prepared (attached). Conditions of approval as recommended by City staff are included in the agreement. Prior to release of the plat the following items must be submitted by the applicant. 1. An up-to-date (within 30 days) title opinion for review by the City Attorney. 2. Park dedication fees in the amount of $2000. (Credit is allowed for the existing house). 3. An estimate by his engineer of construction costs for the required improvements. From this a letter of credit (150% of the estimate) must be submitted. 4. The applicant must obtain a permit from the Minnehaha Creek Watershed District. You may recall that there was some discussion relative to creating a small outlot in the southwest corner of the plat to be conveyed to the existing neighborhood for recreational use. This bas apparently been dropped because no such outlot is shown on the plat. A Residential Community on Lake Minnetonka's South Shore . . Re: Westwood 4th Addn. Final Plat/Development Agmt. 24 September 1987 The City Engineer has reviewed the plans for grading. drainage and utilities. His comments are contained in a separate report. dated 22 September 1987. cc: Dan Vogt Glenn Froberg Jim Nort on Bernie Eisenreich - 2 - . . 9/24/87 CITY OF SHOREWOOD RESIDENTIAL SUBDIVISION DEVELOPMENT AGREEMENT WESTWOOD 4TH ADDITION THIS AGREEMENT, made this day of , 1987, by and between the CITY OF SHOREWOOD, a Minnesota municipal corporation, hereinafter referred to as the "City", and BERNIE EISENREICH of Shorewood, Minnesota, hereinafter referred to as the "Developer". WHEREAS, the Developer is the owner in fee of certain lands described in Exhibit A, attached hereto and made a part hereof, which lands are hereinafter referred to as the "Subject Property"; and WHEREAS, the Developer has made application under the City Subdivision Ordinance for City Council approval of a single-family residential development preliminary plat of said land, said plat to contain approximately four acres divided into 5 lots, and to be known as Westwood 4th Addition; and WHEREAS, the City Council by its resolution passed on May 11, 1987, has approved the preliminary plat of the subject property; and WHEREAS, the the Developer has made application to the City to be allowed at Developer's expense to construct all surfaced streets, curbs, gutters, required landscaping, storm sewer and surface water drainage facilities, street signs, sanitary sewer facilities and underground electric and telephone service lines to all lots and plats approved by the City, all of the foregoing hereinafter sometimes referred to as improvements. NOW, THEREFORE, in consideration of the foregoing premises and acceptance by the City of the final plat of Westwood 4th Addition, attached hereto and made a part hereof as Exhibit B, the City and the Developer agree as follows: . . 1. IMPROVEMENTS INSTALLED BY DEVELOPER. Developer agrees at its expense to construct, install and perform all work and furnish all materials and equipment in connection with the installation of the following improvements: a. Street grading, stabilizing and bituminous surfacing; b. Surmountable bituminous curbs and gutters; c. Sanitary sewer mains; d. Storm sewer and surface water drainage facilities; e. Street signs; f. Required landscaping. It is understood that underground utility lines, including gas, electric, and telephone, shall be installed by the respective private utility companies pursuant to separate agreements with the Developer. 2. STANDARDS OF CONSTRUCTION. Developer agrees that all of the foregoing improvements shall equal or exceed City standards, shall be constructed and installed in accordance with engineering plans and specifications approved by the City Engineer and the requirements of applicable City ordinances and standards, and that all of said work shall be subject to final inspection and approval by the City Engineer. 3. MATERIALS AND LABOR. All of the materials to be employed in the making of said improvements and all of the work performed in connection therewith shall be of uniformly good and workmanlike quality, shall equal or exceed City standards and specifications, and shall be subject to the inspection and approval of the City. In case any materials or labor supplied shall be rejected by the City as defective or unsuitable, then such rejected materials shall be removed and replaced with approved materials, and rejected labor shall be done anew to the satisfaction and approval of the City at the cost and expense of Developer. 4. SCHEDULE OF WORK. The Developer shall submit a written schedule indicating the proposed progress schedule and order of completion of work covered by this Agreement, which schedule shall be a part of this Agreement. Upon receipt of written notice from the Developer of the existence of causes over which the Developer has no control, which will delay the completion of the work, the City, at its discretion, may extend the dates specified for completion. It is understood and agreed that the work shall be performed in one phase to be fully completed by , 1987. . -2- . . . . 5. STREETS, SANITARY SEWER, AND STORM SEWER FACILITIES. a. Plans and Specifications. The Developer agrees to cause its engineers to prepare all plans and specifications necessary for the installation of streets, curb, gutter, sanitary .'sewer, and storm sewer and surface. wat~ drainage",ofacilities in said plat~ said plans and specifications to be subject to the final approval of the City Engineer. b. As-Built Plan. Upon completion of construction, Developer shall cause its engineers to prepare and file with the City an "as-built" plan showing the installation of the foregoing facilities within the plat. Such plans shall be prepared in conformance with City standards for as-built plans as are presently on file with the City. c. Easements. Developer, at its expense, shall acquire all easements from abutting property owners necessary to the installation of the sanitary sewer, storm sewer, and surface water drainage facilities within the plat, and thereafter promptly assign said easements to the City. d. Pre-existing Drain Tile. All pre-existing drain tile disturbed by Developer during construction shall be restored by Developer. 6. STAKING, SURVEYING AND INSPECTION. It is agreed that the Developer, through his engineer, shall provide for all staking and surveying for the above-described improvements. In order to ensure that the completed improvements conform to the approved plans and specifications, the City will provide for resident inspection. 7. GRADING, DRAINAGE, AND EROSION CONTROL. Developer, at its expense, shall provide grading, drainage and erosion control plans to be reviewed and approved by the City Engineer. Said plans shall provide for temporary dams, earthwork or such other devices and practices, including seeding of graded areas, as necessary, to prevent the washing, flooding, sedimentation and erosion of lands and streets within and outside the plat during all phases of construction. Developer shall keep all streets within the plat free of all dirt and debris resulting from construction therein by the Developer, its agents or assignees. 8. STREET SIGNS. Developer, at its expense, shall provide standard city street identification signs and traffic control signs in accordance with the Minnesota Manual on Uniform Traffic Control Devices. -3- . . 9. ACCESS. Developer shall provide reasonable access, including temporary grading and graveling, to all residences under construction in the plat until the streets are accepted by the City. 10. OCCUPANCY PERMITS. The occupancy of any new structure on any lot within said plat shall be prohibited by the City until the streets shall have been graded and surfaced with class 5-100% crushed material and municipal sanitary sewer lines shall have been installed and are available to serve the lot for which the building permit shall have been issued. 11. FINAL INSPECTION. Upon completion of the improvements set forth in Paragraph 1 above, the City Engineer, the contractor, and the Developer's engineer will make a final inspection of the work. When the City Engineer is satisfied that all work is completed in accordance with the approved plans and specifications, and the Developer's engineer has submitted a written statement attesting to same, the City Engineer shall recommend that the improvements be accepted by the City. 12. CONVEYANCE OF IMPROVEMENTS. Upon completion of the installation by Developer and approval by the City Engineer of the improvements set forth in Paragraph 1 above, the Developer shall convey said improvements to the City free of all liens and encumbrances and with warranty of title, which shall include copies of all lien waivers. Should the Developer fail to so convey said improvements, the same shall become the property of the City without further notice or action on the part of either party hereto, other than acceptance by the City. 13. REPLACEMENT. All work and materials performed and furnished hereunder by the Developer, its agents and subcontractors, found by the City to be defective within one year after acceptance by the City, shall be replaced by Developer at Developer's sole expense. 14. RESTORATION OF STREETS AND PUBLIC FACILITIES. The Developer shall restore all City streets and other public facilities disturbed or damaged as a result of Developer's construction activities, including sod with necessary black dirt, bituminous replacement, curb replacement, and all other items disturbed during construction. 15. REIMBURSEMENT OF COSTS. The Developer shall reimburse the City for all costs, including reasonable engineering, legal, planning and administrative expenses incurred by the City in connection with all matters relating to the administration and enforcement of the within Agreement and the performance thereof by the Developer. Such reimbursement shall be made within thirty (30) days of the date of mailing of the City's notice of costs to the address set forth in Paragraph 22 below. -4- " . . 16. CLAIMS FOR WORK. The Developer or its contractor shall do no work or furnish no materials not covered by the plans and specifications and special conditions of this Agreement, for which reimbursement is expected from the City, unless such work is first ordered in writing by the City Engineer as provided in the specifications. Any such work or mateJ;(..j;.~l.s'which ,maybe done or furnished by the contractor without such written order first being obtained shall be at its own risk, cost and expense. 17. LETTER OF CREDIT. For the purpose of assuring and guaranteeing to the City that the improvements to be constructed, installed and furnished by the Developer as set forth in Paragraph 1 above, shall be constructed, installed and furnished according to the terms of this Agreement, and to ensure that the Developer shall pay all claims for work done and materials and supplies furnished for the performance of this Agreement, and that the Developer shall fully comply with all of the other terms and provisions of this Development Agreement, the Developer agrees to furnish to the City either a cash deposit or an irrevocable letter of credit approved by the City in an amount equal to 150% of the total cost of said improvements as estimated by the Developer's engineer and approved by the City Engineer. Said deposit or letter of credit shall remain in effect for a period of one year following the completion of the required improvements. The said deposit or letter of credit may be reduced in amount or replaced by a maintenance bond at the discretion of the City upon acceptance by the City of the various individual improvements. 18. LIABILITY INSURANCE. The Developer shall take out and maintain during the life of this agreement public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's work or the work of their subcontractors, or by one directly or indirectly employed by any of them. This insurance policy shall be a single limit public liability insurance policy in the amount of $1,000,000.00. The City shall be named as co-insured on said policy and the Developer shall file a copy of the insurance coverage with the City. Prior to commencement of construction of the improvements described in Paragraph 1 above, the Developers shall file with the City a certificate of such insurance as will protect the Developer, his contractors and subcontractors from claims arising under the workers' compensation laws of the State of Minnesota. 19. LAWS, ORDINANCES, REGULATIONS AND PERMITS. Developer shall comply with all laws, ordinances, and regulations of all regulatory bodies having jurisdiction of the Subject Property and shall secure -5- . . all permits that may be required by the City of Shorewood, the State of Minnesota, and the Minnehaha Creek Watershed District before commencing development of the plat. 20. SEWER ASSESSMENTS. The original assessments against the property for sanitary sewer are in the amount of $ . ~., ... ~<; . Developer acknowledges that as a newly platted development of ~~. lots, additional sums may be assessed against the property as equalization charges pursuant to Shorewood Ordinance. Developer agrees to accept and pay all such charges to the City in accordance with Shorewood Ordinance, together with all previous assessments against the property, provided full credit is given to the Developer for all prior payments made by the Developer or its predecessor on account of said assessments. A schedule of such charges is set forth in Exhibit C, attached hereto and made a part hereof. 21. PARK FUND PAYMENT. Developer shall, at the time that final plat is approved, make a cash payment to the City in the sum of $2,000.00 for the Park Fund. 22. NOTICES. All notices, certificates and other communications hereunder shall be sufficiently given and shall be deemed given when mailed by certified mail, return receipt requested, postage prepaid, with proper address as indicated below. The City and the Developer by written notice given by one to the other, may designate any address or addresses to which notices, certificates or other communications to them shall be sent when required as contemplated by this Agreement. Unless otherwise provided by the respective parties, all notices, certificates and communications to each of them shall be addressed as follows: To the City: City of Shorewood 5755 Country Club Road Shorewood, MN 55331 To the Developer: Bernie Eisenreich 5600 Star Lane Shorewood, MN 55331 23. PROOF OF TITLE. The Developer shall furnish the City with evidence satisfactory to the City that he holds title to the Subject Property in fee simple. 24. DISCLAIMER BY CITY. It is understood and agreed that the City, the City Council, and the agents and employees of the City shall not be personally liable or responsible in any manner to the Developer, the Developer's contractors or subcontractors, materialmen, laborers, or any other person, firm or corporation -6- . . whomsoever, for any debt, claim, demand, damages, actions or causes of action of any kind or character arising out of or by reason of the execution of this Agreement or the performance and completion of the work and improvements hereunder; and that the Developer will save the City, the City Council, and the agents and employees of , the City harmless from any and allrclaims,damages, demands, actions or causes of action arising therefrom and the costs, disbursements, and expenses of defending the same. 25. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS. Developer shall provide a copy of the Declaration of Covenants, Conditions and Restrictions, the Articles of Incorporation and By-laws of the Homeowners Association, if any, for review and approval by the City prior to recording the plat. 26. DURATION OF AGREEMENT. This Agreement shall remain in effect until such time as the Developer shall have fully performed all of his duties and obligations under this Agreement. 27. REMEDIES UPON DEFAULT. a. Assessments. In the event the Developer shall default in the performance of any of the covenants and agreements herein contained and such default shall not have been cured within thirty (30) days after receipt by the Developer of written notice thereof, the City, if it so elects, may cause any of the improvements described in Paragraph I above to be constructed and installed or may take action to cure such other default and may cause the entire cost thereof, including all reasonable engineering, legal and administrative expense incurred by the City to be recovered as a special assessment under Minnesota Statutes Chapter 429, in which case the Developer agrees to pay the entire amount of such assessment within thirty (30) days after its adoption. Developer further agrees that in the event of its failure to pay in full any such special assessment within the time prescribed herein, the City shall have a specific lien on all of Developer's real property within the Subject Property for any amount so unpaid, and the City shall have the right to foreclose said lien in the manner prescribed for the foreclosure of mechanic's liens under the laws of the State of Minnesota. In the event of an emergency, as determined by the City Engineer, the notice requirements to the Developer prescribed by Minnesota Statutes Chapter 429 shall be and hereby are waived in their entirety, and the Developer shall reimburse the City for any expense incurred by the City in remedying the conditions creating the emergency. -7- . . b. Performance Guaranty. In addition to the foregoing, the City may also institute legal action against the Developer or utilize any cash deposit made or letter of credit delivered hereunder, to collect, pay, or reimburse the city for: (1) the cost of completing the constr\lction of the improvements described in Paragraph 1 above. (2) the cost of curing any other default by the Developer in the performance of any of the covenants and agreements contained herein. (3) the cost of reasonable engineering, legal and administrative expense incurred by the City in enforcing and administering this Agreement. c. Legal Proceedings. In addition to the foregoing, the City may institute any proper action or proceeding at law or at equity to abate violations of this Agreement, or to prevent use or occupancy of the proposed dwellings. 28. HEADINGS. Headings at the beginning of paragraphs hereof are for convenience of reference, shall not be considered a part of the text of this Agreement, and shall not influence its construction. 29. SEVERABILITY. In the event any provisions of this Agreement shall be held invalid, illegal, or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof, and the remaining provisions shall not in any way be affected or impaired thereby. 30. EXECUTION OF COUNTERPARTS. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original, and all of which shall constitute but one and the same instrument. 31. CONSTRUCTION. This Agreement shall be construed in accordance with the laws of the State of Minnesota. 32. SUCCESSORS AND ASSIGNS. It is agreed by and between the parties hereto that the Agreement herein contained shall be binding upon and inure to the benefit of their respective legal representatives, successors, and assigns. -8- . . IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year first above written. CITY OF SHOREWOOD Bernie Eisenreich, Developer By: Robert Rascop, Mayor ATTEST: Sandra L. Kennelly, City Clerk .~ -9- . . STATE OF MINNESOTA ss COUNTY OF HENNEPIN On this day of , 1987, before me, a Notary Public within and for said C:ounty,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 municipal corporation named in the foregoing instrument, and that said instrument was signed and sealed in behalf of said corporation by authority of its City Council, and said Robert Rascop and Sandra L. Kennelly acknowledged said instrument to be the free act and deed of said corporation. Notary Public STATE OF MINNESOTA ss COUNTY OF HENNEPIN On this day of , 1987, before me, within and for said County, personally appeared Bernie Eisenreich to me known to be the person described in and who executed the foregoing instrument and acknowledged that he executed the same as his free act and deed. Notary Public '" -10- . . EXHIBIT A LEGAL DESCRIPTION OF SUBJECT PROPERTY Lot 5, Block 1, Westwood 3rd Addition '. -11- '2 o ~ Q Q <( :c ~ V o 8 ~ ~ en l.LJ ~ -~ C':.- I 1 1 W.,J I -~ ~ -, _..J r..... .....-/ ,-- I t---I -~ c:_ <1" '" ~- ~ . EXHIBIT B . ,_ .J \ , \I ,- \."'" C'C" r Z'_ 7'_ , . - l\' l) ," . c' (1 (' '(' rl ~' d,,~ .JII'" ...... ...... y y J.S ~ ., .-.. 1ft q ...- ~ OO'OO~ 3 OZ 1000 N OO'~.I " OO~~ ; ; ,------" \~-------l: I \ \ I I \ \ I li I \ \ I !i 1\1 -\ \1 I ....,...-h III I I ,I ( ~ ~ I CJ C.~ I \I - \ I _L_ I I \ ~l \ \ I :81 ......, i.\ !('\ 1-: N . In.\ " I \. i~\ I I \ \ I I \ I I \ \ I I . \ \ In I 1\\ I ~ \;\ L_ _ I.,,>OJ~ ~ ...... - I. "> ... - - - UV';' ~ - ,~ r- -- __ . --- " I. - - _ 3..u![.8ZeiN'" -- I"- 0\ ~ 10 ".0 <10 I : .t;.o.r/~ ') I :rft. I~p .. ~ p I ~ CD Z 1 II ( 1 --I '- ,.- I~ . 1 -I : ,. _.--J\ ~ . (' (') \-I .J 1 I V - I I I I I :~ I ~ 8/ .~ ,..: ~ ~I CD Z I I I I I L '.... , , If) () /\/\ - ~a~o. r' (.... I .... .". I '- .._ I "jjON .,.., l\ I l./ I \I . (I rl (' r...J I ~ ~ ~IJON . . RESOLUTION NO. WHEREAS, the final plat of WESTWOOD 4TH ADDITION has been submitted in the manner reguirec:1 f()rthe platting of land under the Shorewood City Code and under chapter 462 of Minnesota Statutes, and all proceedings have been duly had thereunder; and WHEREAS, said plat is consistent with the Shorewood Comprehensive Plan and the regulations and requirements of the laws of the State of Minnesota and the City Code of the City of Shorewood. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Shorewood: 1. That the plat of Westwood 4th Addition is hereby approved. 2. That the approval is specifically conditioned upon the terms and conditions contained in the Development Agreement attached hereto and made a part hereof. 3. That the Mayor and City Clerk are hereby authorized to execute the Certificate of Approval for the plat and the said Development Agreement on behalf of the City Council. 4. That this final plat shall be filed and recorded within 30 days of the Developer's receipt of this Resolution. BE IT FURTHER RESOLVED, that the execution of the Certificate upon said plat by the Mayor and City Clerk shall be conclusive, showing a proper compliance therewith by the subdivider and City officials and shall entitle such plat to be placed on record forthwith without further formality, all in compliance with Minnesota Statutes and the Shorewood City Code. ADOPTED BY THE CITY COUNCIL of the City of Shorewood this ____ day of , 1987. Robert Rascop, Mayor ATTEST: Sandra L. Kennelly, City Clerk .-----' . . ORR.SCHELEN. MAYERON & ASSOCIATES, INC. Consulting Engineers Lane! Surveyors September 22, 1987 City of Shorewood 5755 Country Club Road Shorewood, Minnesota 55331 Attn: Mr. Brad Nielsen City Planner Re: Westwood 4th Addition Shorewood, Minnesota OSM Comm. No. 1744.80 Dear Brad: We have reviewed the prel iminary plat of Westwood 4th Addition and have the following comments: 1. Sanitary Sewer A very short extension to the main line sewer is required to serve this plat. On the extension, five (5) sewer services are shown. The service for Lot 1 is shown entering the main line against the flow. This service should be connected to the existing sewer line to avoid entering the main line against the flow. Manholes with integral boots are required. 2. Water We assume individual wells will be drilled for the five (5) lots. 3. Grading and Drainage No significant grading is proposed. Drainage is not a problem. However, when the individual building permits come in, the lot drainage should be checked to insure there. are no low spots where water could collect. 4. Street The proposed grade on the street of 0.5% is too flat. The minimum grade should be 1.0%. The typical section appears fine. Rather than placing all the blacktop next year, it would be more advantageous to place a 1-11211 - 2" base mat this year and the final wear course next year. - ............. "".~ -. - ,.....,.... , . Page Two September 22, 1987 OSM Comm. No. 1744.80 If you have any questions, please call. Respectfully, ORR-SCHELEN-MAYERON & ASSOCIATES, INC. ~-P 1f~ James. P. Norton, P.E. City Engineer JPN : 11 r cc: Mr. Phil Tipka, Resident Inspector Mr. Christopher J. Hughes, Coffin & Gronberg, Inc. . . . CITY OF SHOREWOOD NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Notice is hereby given that the Shorewood City Council will conduct a Public Hearing at 8:00 p.m. on Monday, September 28, 1987 in the City Council Chambers located at 5755 Country Club Road for the purpose of receiving comments from the Public regarding the adoption of the fiscal year 1988 General Fund Budget and a resolution approving the 1987 Tax Levy, collectible in 1988. Copies of the budget will be available for Public review at City Hall on September 21, 1987. Any oral or written comments from interested persons will be heard at that time. Sandra L. Kennelly City Clerk (Publish in the South Shore Weekly on September 17, 1987) (Publish in the Exce1sior/Shorewood Sailor on September 14, 1987) g . . . . CITY OF SHOREWOOD MA YOR Robert Rascop COUNCI L Jan Haugen Kristi Stover Robert Gagne Barb Brancel ADMINISTRATOR Daniel J. Vogt 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 . (612) 474-3236 MEMORANDUM TO: MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 24 SEPTEMBER 1987 RE: PASTUCK. JOHN - WETLAND ALTERATION PERMIT FILE NO.: 405 (General) Mr. John Pastuck is currently building a two-family dwelling on his property located at 20345-47 Excelsior Boulevard (see Site Location map - Exhibit A. attached). As can be seen on Exhibit B. much of the site consists of designated wetland area. Mr. Pastuck wishes to dredge out a pond approximately 100 feet in diameter and four feet in depth. Based upon his request letter (Exhibit B) Mr. Pastuck apparently wants to enhance the wetland as habitat for waterfowl. As mentioned in a recent similar request. Shorewood's Wetland Ordinance does provide for landowners to dredge (or fill) within designated wetlands. subject to approval by the City Council of an "earth change plan". As previously stated. the ordinance contains little in the way of criteria for evaluating such requests. Staff has suggested that the most significant factor in wetland alteration permit review is the storage capacity of the subject wetland area. Additionally. the filtering function of the wetland must be considered as well as the quality of habitat for wildlife. From his proposed topography drawing. it appears as though the wetland will be deepened as well as enlarged somewhat. The bottom of the pond is currently at an elevation of 978.3. The applicant proposes to deepen it to 974.0. If the Council is agreeable with the applicant's proposal. it is recommended that approval be subject to the following: A Residential Community on Lake Minnetonka's South Shore 9 .. . Re: Pas tuck. John ~ Wetland Alteration Permit 24 September 1987 1. . The applicant should provide a survey showing the existing site topography. the current wetland area. and any existing vegetation on the site. 2. The applicant should provide a detailed grading plan showing existing and proposed contours. Measures for restoring disrupted vegetation should be shown on the plan. 3. The applicant must obtain permits from both the Minnehaha Creek Watershed District and the Department of Natural Resources. 4. The proposed grading plan should be subject to review and approval by the City Engineer. BJN:ph cc: Dan Vogt Glenn Froberg Jim Norton John Pastuck ~2- ~ ~ -1 '\\ ........ \ \ \ \ \ \ \ \ \ \ \ , , I - . .. ! I 1 1 I 1 1 1 1 1- - I I I - - - - -I --- 3")\tOOlir\t1) T , 3~W.L - ..::A . . "2 EXHIBIT A . . " Brad N~il~on, 8!3l!f7 Here are the propoeed elevation$ for lot 44, sub. ao. 141. I spoke with the DNR last week. I was informed that wild Ire prefer a 50% mix of standing water (open) and grass or maTs~ The proposed changes follow the guide lines set by the DNR and outlined in the pamphlet "Whfit Can I Do ? For Waterfowl..tI. 1 have enclosed a CQPY for your consideration. Sincerely, l/- f~ EXHIBIT B A <~ ~~ t--4 1~.8Si liJ' t41 .~l i 13! &. i) :;:). ............. lio ,5~g"i:2 . .. j f. 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CITY OF SHOREWOOD NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Notice is hereby given that the Shorewood City Council will conduct a Public Hearing at 8:1~ p.m., or as soon as possible thereafter, on Monday, September 28, 1987 in the City Council Chambers located at 5755 Country Club Road. The purpose of the hearing will be to receive public input regarding the City's remaining amount of Federal Revenue Sharing Funds. The proposed use of the funds is to aid in the purchase of equipment for use in the Public Works Department. The proposed budget for the $8,648 (as of July 31, 1987) is to use the entire amount for the equipment purchase. Any oral or written comments from interested persons will be heard at that time. Sandra L. Kennelly City Clerk (Publish in the South Shore Weekly News on September 17, 1987) (Publish in the Exce1sior/Shorewood Sailor on September 14, 1987) /() FROBERG & PENBERTHY; P.A. A TTORNEYS AT LAW Glenn Froberg James G. Penberthy Paul 8. Ahern 17736 Excelsior Boulevard Minnetonka, Minnesota 55345 (612) 474-8877 . September 24, 1987 10: Dan Vogt F1Il\1: Glenn Froberg BE: Developnent Agreement - Shorewood Oaks As you know, Shorewood Oaks Developnent, Inc., wishes to enter into an option agreement with Lundgren Bros. whereby Lundgren wi 11 have the option to purchase certain lots wi thin the Shorewood Oaks plat fran time to time for the purpose of bui lding spec and custan hanes. Lundgren is concerned that if Dave Jolmson, the developer of Shorewood Oaks, should becane delinquent in paying special assessments on his lots in the developnent, the default provisions in Section 1 of the original developnent agreement would also prevent Lundgren fran getting building permits to construct hanes on the lots it had purchased fran Shorewood Oaks. Lundgren has proposed an amendnent to the original developnent agreement which would allow Lundgren to go ahead and bui ld on their own lots (provided that all outstanding special assessments are paid up on those lots) even though a delinquency exists on the rEJIl8.ining lots held by Shorewood Oaks. This appears to be a fair request, and the proposed Arnendnent is attached hereto. Should Shorewood Oaks default, the City would sti 11 have all of its remedies to pursue against the original developer and the property still held by the developer. (h the other hand, Lundgren wi 11 not be prevented fran building on and sell ing the lots it had purchased, providing it paid to the City whatever balance rEJIl8.ined on the special assessment lor its lot ~. Of course, this provision would only apply if Shorewood Oaks defaulted under Section 1 of the agreement, and the City chose to accelerate the special assessments. I believe the amendnent proposed by Lundgren is reasonable, that the language adequately protects the City in the case of a default by the parties, and would recoomend that the Arnendnent be approved. Enc 1. cc: Brad Nielsen II .,..,..- . . AMENDMENT TO CITY OF SHOREWOOD RESIDENTIAL SUBDIVISION DEVELOPMENT AGREEMENT . it PLAT OF SHOREWOOD OAKS THIS AMENDMENT to the City of Shorewood Residential Subdivi- sion Development Agreement Plat of Shorewood Oaks dated , 1987 by and between the CITY OF SHOREWOOD, a municipal corporation, hereinafter referred to as the "City", and SHOREWOOD OAKS DEVELOPMENT, INC., hereinafter referred to as the "Developer", such agreement, hereinafter the "Development Agreement", is made this day of , 1987 by and between the City and Developer. The City and Developer hereby amend the Development Agree- ment as follows: The last paragraph in Section 1 is amended to read as follows: In the event Developer fails to pay after 180 days from the due date, any installment of special assessments for a particular lot or lots wi thin the plat, and if such lot or lots constitute a quantity in excess of ten percent (10%) of the total number of lots in said plat, City at its option, and in addition to its rights and remedies hereunder, may declare all the unpaid special assessments levied on all property that is subject to this Agreement, due and payable in full, and immediately may commence legal action against Developer to collect the entire unpaid balance, including reasonable attorney' s fees, and shall not be obligated to issue a building permit for construction on any lot wi thin the development property. In the event the City has accelerated the special assessments for a lot pursuant to this paragraph and that lot has been sold by Developer to a bona fide third party not affiliated with Developer (including home buyers and home builders), the City will issue a building permit for the lot upon prepayment of all outstanding special assessments (including future install- ments) levied against the lot whether or not the .. . . special assessments have been fully prepaid on the other lots in the Subject Property. All other terms of the Development Agreement shall remain in full force and effect. · IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed on the day and year first above written. SHOREWOOD OAKS DEVELOPMENT INC. CITY OF SHOREWOOD by: by: Its Its Mayor ATTEST: City Clerk STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) On this day of , 1987, before me, a Notary Public wi thin-and for said County, personally appeared Robert Rascop and Sandra Kennelly, to me personally known, who, being each by me duly sworn, did say that they are respectively the Mayor and City Clerk of the municipal corporation named in the foregoing instrument, and that said instrument was signed and sealed in behalf of said corporation by authority of its City Council, and said Robert Rascop and Sandra Kennelly acknowledged said instrument to be the free act and deed of said corporation. Notary Public - 2 - RESOLUTION NO. RESOLUTION APPROVING SPECIAL ASSESSMENTS FOR SHOREWOOD OAKS DEVELOPMENT PROJECT WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for the local improvements designated as Project No. 87-1 and described as the Shorewood Oaks Development, to include trunk watermain, utility, street construction, and appurtenant work. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood, Minnesota, that: 1. Such proposed special assessments, copies of which are attached hereto and made a part hereof, are hereby accepted and shall constitute the special assessment against the lands named herein, and each tract of land therein included is hereby found to be benefitted by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending o~r a period of 15 years and shall bear interest at the rate of~ per cent per annum from the date of the adoption of this assessp(~~ resolution. ~~.1)~UO 3. The owner of any property so assessed may pay the whole of the assessment against any parcel to the City of Shorewood without interest if payment is made prior to November 15, 1987. After November 15, 1987, following the date of the assessment, the first year's installment shall be added to the taxes for the year's tax list and collected as taxes with interest accruing from the date of assessment through December 31 of the following year. All payments thereafter shall be in accordance with the provisions of Minnesota Statutes Section 429.061, Subd. 3. 4. The clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the proper tax lists for the County, and such assessments shall be collected and paid over in the same manner as other municipal taxes. Adopted by the City Council of the City of Shorewood, Minnesota, this day of 1987. ~ ) Robert Rascop, Mayor ATTEST: Sandra L. Kennelly, City Clerk / . . CITY OF SHOREWOOD OFFICIAL PUBLICATION CI TY OF SHOREWOOD 5755 Country Club Road. Shorewood. MN 55331 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the ShorewQod City Council will meet at 8:30 p.m. on Monday. September 28. 1987 in the Council Chambers of the City Hall. 5755 Country Club Road. Shorewood. Minnesota. to pass upon proposed assessments on delinquent public utilities charges and private property clean-up charges. The proposed assessment roll will be available for public inspection at the Shorewood City ~a1l. Sandra L. Kennelly City Clerk (Publish in the South Shore Weekly on September 17. 1987) (Publish in the Excelsior/Shorewood Sailor on September 14. 1987) Ic2 .. . f . . MAYOR Robert Rascop CO U!:>I C I 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 Counci1members FROM: Dan Vogt DATE: September 22, 1987 SUBJECT: Brentridge Development Agreement - Reconsideration of Sewer Availability Mr. Dave Johnson, developer of the Brentridge Addition, has met with staff to request some changes in the way that the sewer equalization charges are calculated for the Brentridge project. Since any change of this sort re- quires Council action, this item appears on your meeting agenda of September 28, 1987. The basis Mr. Johnson's argument is that the sewer main which currently exists in Howards Point Road cannot serve the subdivision due to inadequate depth for gravity flow. Because of this, Mr. Johnson must lower the pipe some 20-25 feet (estimated at $30,000 - $35,000) in addition to paying the sewer equalization charge of $20,192.50. Mr. Johnson feels that this is not fair and wishes to discuss this matter with the Council. A letter and additional information submitted by the Developer is attached to this memo for your review. Please contact me prior to Monday night if you have any questions relative to this matter. DJV/s1q cc: Glenn Froberg Sandy Kennelly Brad Nielsen Jim Norton Dave Johnson Enclosure A Residential Community on Lake Minnetonka's South Shore /3 r' . . __u~1!Q!:_ewoo ~_~O~_ks Q~~ e!~ P!D ~~!~__ II!c. PHONE: (612) 884-3882 6100 AUTO CLUB ROAD. SUITE 314 . BLOOMINGTON, MN 55438 September 15, 1987 Mr. Dan Vogt City of Shorewood 5755 Country Club Road Shorewood, tHnnesota 55331 Dear Dan: Re: Potential se~er equalization assessments against the Brentridge Addition and the Shorewood Oaks Addition. In analyz"ing my costs fot. the Brentridge project \'Iith my engineer and contractor, I find that the sewer trunk in Howards Point Road is primarily unusable for my land. A large section of the street must be torn up and restored tG a better street than currently exists. The se\t/er trunk must be lowered substantially to a depth of 20 - 25 feet. The proposed assessment for a line that I can't use is $20,192.50 (refer to letter from Sandy dated 8-13-87, a copy of which is enclosed). My costs to redo the line 1 will be assessed for and to oversize the watermain far exceed the potential assessment. I would like you to refer to my letter to you dated 6-15-87 (a copy of which is enclosed) referring to the watermain from Boulder Bridge Farms to the Shorewood Oaks project. As I stated in that letter I not only had to pay for the cost of a watermain sized to serve my project (which I agreed to do) but I also had to pay for many extra features that will serve the needs of both the City of Shorewood and adjacent landowners for the expansion of Shorewood's muniC"ipal water system. I feel that these extra costs should have been picked up by the city and passed on at a later date to the people benefiting from the imprcvlOments. I know that y0iJ infonned me that since I signed a development contract \'Iith no provision for t'eimbursement of these items. I am just out of luck. I don't think this fair and I believe I have a solution to both of these problems. You have pointed out that the city would have a problem \'Jith coming up with the money to reimburse met however, if you don' t cha rge me for the Shorewood Oaks se\'Jer' equalization assessment this would offset what Should have been d water equalization charge to direct the costs paid by me to the benefited parties. Your potential assessment is less than what I actually spent in excess improvements but I would call it square if we could do th"is. The same situation applies in Brentridge. I shoul dn It h.iv2 to pay for a sewer trunk twi ce pl us upgrade to road. .. '0 Page 2 - lette~ Dan Vogt dated September 15,~87 I am requesting that you ask the council to waive any sewer equalization assessment against both the Shorewood Oaks Addition and the Brentridge Addition. Thank you for your consideration. Sin ce re 1 y " /---~'~."""" - " / '\ l_/~Vid A:-> c, n o;~ President Enclosures (2) . . MAYOR Robert R<l!SCOP COUNCIL .Ian Haugen Kristi Stover Robert Gagne Barb Brancel ADMINISTRATOR Daniel J. Vogt ~ CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 . (612) 474.3236 August 13, 1987 Dave Johnson 6100 Auto Club Road Suite 314 Bloomington, MN 55438 Re: Brentridge - Sewer Equalization Charges Dear Mr. Johnson: In response to your request for sewer equalization figures for your Brentridge Subdivision, these are the amounts that would be due if certified to taxes after November 15, 1987. 24 Lot Subdivision 23 Lots on proposed new trunk lines 23 x 717.50 = $16,502.50 1 Lot on existing lines $ 3,690.00 Total new add on $20,192.50 There is an exiting balance owing for sanitary sewer specials, based on square footage only, of $1,411.00, if paid off prior to November 15, 1987. If you have any further questions please feel free to contact me. Thank you, /~ , ~ '~V., '~-.........-./q-L~- L/)'+7J~O Sandra L. Kennelly City Clerk SLK/s1q A Residential Community on Lake Minnetonka's South Shore . .. . Shorewood_9~~ks De,relopm~_~t_,~_I~c._ PHONE: (612) 884-3882 6100AuTOl"LUbHOAD. ::'Ullt::.314. Bl\:'UI,II;~Gi(m,(v\hl;;:)-i"0 June 15, 1987 Mr. Dan Vogt City of Shorewood 5755 Country Club Road Shorewood, Minnesota 55331 Dear Dan. Re: Special Assessments to be levied against the Shorewood Oaks Subdivision Upon reviewing the development contract, plans and specifications for my Shorewood Oaks Subdivision I discovered that no provision r~d been made for payment of the extras added to the watermain. Since these extras are on1.Y for the benefi t of the ci ty to pravi de for future developments, I am not sure it would be fair to expect me 1:0 pay for them. Pl ease refer' to a letter to the Ci ty of Shorewood fram Jim Norton at Orr-Sche1en-Mayeron & Associates, Inc. dated April 2, 1987 (a copy of which is enclosed) stating among other things that Hcompensation for the additional size requirement for a waterma1n trunk would be provi ded by the ci ty" . I have asked my engi neer, Ray Brandt, to est imate the cost of these items. I refer you to a copy of his enclosed letter. I would like to meet with you sorln to discuss possible solutions to thi s problem. Thank you for your consideration. Sincerely, Ll~L.-L- David A. Johnson President Encl. (2) ',A. /- . . 4' . ORR' SCHElEN' MAYERON & ASSOCIATES, INt. . . Consulting Engineers Land Surveyors April 2, 1987 City o~ Shorewood 5755 Country Club Road Shorewood, MN 55331 Re: Grading, Drainage and Utility Plan Brentridge Preliminary Plat Review Howard's Point Road and Smithtown Road Shorewood. Minnesota OSH Comm. No. 1744.67 Dear City Officials: We have reviewed the grading, drainage and utility plan for Brentridge Addition at Howard's Point Road and Smithtown Road as prepared by Pioneer Engineering. Our review comments will address the following items: - Sanitary Sewer - Water _ Storm Sewer and Grading - Erosion Control - Streets SANITARY SEWER: Service to this property is shown by a line running under the proposed Brentridge Lane. To tie this line into an existing 9" line on Howard's Point Road, they would need to lower the existing line and reconstruct the exist- ing drop section on a manhole at Howard's Point Road and Smithtown Road. If they use 8" sanitary sewer in the Brentridge Addition. the existing 9" 11ne would need to be lowered approximately 12.5. An alternative to lowering the existing line is to build a line parallel to the existing line and constructing a drop section manhole over the existing line at Smithtown Road. By doing this they would not disturb the existing sewer line or the people connected to it. ~TER: They show watermain hook-up to an existing 6" watermain on Boulder Bri~ge Lane. This location would require a permanent easement. An alternative source of water w111 be from a p'~nned 16" watermain on Smithtown Road to be built during the sunner of 1987 under Project 87-01. At Howard's Point Road and Smithtown Road, there is planned a 12" tee which wi11 provide access to the north. Under the Shorewood Comprehensive Vater Study, a future 12" trunk watermain would fol-, low the direction of Howard's Point Road. Brentridge Addition could provide the first segment of the future 12" trunk wate~.in while at the same time ~roviding lateral benefit to the proposed addition. Compensation for the additional size requirement for a watermain trunk would be provided by the City. ......... -....... . '- . . '. . Page Two City of Shorewood Apr11 2, 1987 Off the watemain, they provide four hydrants for fire protection which were placed at a maximum distance apart of 675 feet. This should be revised to have hydrants at the intersections and a maximum spacing between hydrants of 500 ft. STORM SEVER AND CIADI..G: They are grading to drain runoff at two low-point locations with catch basins on Brentridge Lane. At one location, I low spot off the roadway is also to be treated with an area drain and 15 tied fnto the roadway catch basfns. Storm sewer lines then take runoff down to the wetland area. Storm drainage calculations should be provided to determine pfpe size. The minimum pipe size would be 12" R.C.P. We recolYlTlend surge basin end treatments with rip rap at the outlets to prevent erosion. Also, environmental catch basins should be used to trap runoff debris. They provide a grading plan showing proposed 2' contour lines. The maximum slope shown appears to be 3:1 and shall be no greater. EROSION CONTROL: An erosion control measure has been described in their plans. They propose the use of a filter barrier fence just below the 932 ft. contour line. The normal ordinary high water elevation of 929.4 and the 100 year flood elevation of 931.5 should not affect the filter barrier fence. STREETS: They meet the requirements of rfght-of-way widths, reverse curve tangents, street grades and property corners radii. The City's standard urban cross-section shall be fol lowed along with the surmountable curb and gutter. We will be happy to discuss these review comments with you. If you have any questions, please call me. Respectfully, ORR-SCHELEN-MAYERON & ASSOCIATES, INC. ~f.~ ~ames P. Norton, P.E. City Engineer ~PN:m'j . ' blndt englneellng' IUlueglng 1705 wood, tlcall bUln/ulllc, mlnnc/ote 55557 (611) 455-1966 25 Mav. 19B7 M,.- Dave Johl"lscIl"1 Sho,.-ewood Oaks Develoome~t, I~c. 6100 Auto Club Road Suite 314 Bloomi~gto~, MN 55438 Re/SHOREWOOD OAKS Dea,.- Dave~ At you,.- ,.-eouest I have made a comoa,.-iso~ betwee~ the mi~imum wate"-mai~ system desigY'Ied .:only t.:, bl"'i~g city water ft"or" BOULDER EIRIDGE to your above-mentioned project and the system as it was actuallv de!5igned. There are many items included to benefit the City's exoectation of expansion of the system to certain areas in the future olus 35 services to adjacent prooerty owners at this time. Watermain il'". SmithtC'I"n". Rc.ad is designed as 16" whel"e it ce,uld have been 12". This is an added cost of $8585. Watermain in Strawberry Lane is desig~ed as 12" whet"e it cO:O'.Il.d have beeY'I 6". This is aY'1 added cost of $3488. Twelve hydrants and five extensions to hydrants were included that are only a benefit to the City. This is an added cost of $17,560. Thirty five services were provided to adjacent lots. including sodding. This is an added cost of $20.155. There are other items such as tees that could have been bends in some locations and restoration that would apply to some of the work that is not important to your proJect. These items I did not apply a cost factor to. Totalling these costs comes to $49,788. Adding on 17~ engineering and admiY'listratir.m tCI this makes a te.tal extra cost elf $58,252 that really has nothing to do with the SHOREWOOD OAKS proJect. Sincerelv yours, '~:tnd~.' PE/LS . . ClIDINANCE ID. AN ClIDINANCE AMENDING TITLE 300 OF SIIEE\\OD CITY CIDE, POOVIDING FOR TIIE LICENSING OF OOING cur OF BUSINESS SALES TIIE CITY a:xJNCIL OF TIIE CITY OF SIUlliWXD, MINNESOI'A, ClIDAINS: Section 1. City Code Title 300 is hereby amended by adding a new chapter to read as follows: SECl'ICN : 307.01: 307.02: 307.03: 307.04: 307.05: 307.06: 307.07: 307.08: 307.09: 307.10: 307 . 11 : 307.12: 307.13: 307.14: 0:JAPl'ER 307 OOING cur OF BUSINESS SALES Defini t ions Exception For Actual Disaster Sales Exception for Regular Sales of Damaged Goods Consigned from Insurance Companies License Required Application for License Limitations on Grants of Licenses License Fee TeIm; Renewals Authorized Proof Requi red for Renewal Deadline for Renewal Application; Nmlber of Renewals Conditions of License Licensee to Refrain From Similar Business for Six Mbnths Legal Sales Excepted Violations 307.01 Definitions. When used in this chapter the following words or phrases shall mean: "Advertise". Any means, whether oral, wri tten, lettered or by picture, used to give notice of intention to conduct a sale or to advertise merchandise for sale at such sale; including, but not limited to, ,oral announcement made at the place of sale, or oral announcement by sound truck or by radio or television, by written, printed or pictured notice, by newspaper advertisement, magazine advertisement, hand bill, printed display, poster, label, price tag, circular, pamphlet or book. "Merchandise". All kinds of goods, wares and merchandise usually sold for consumption. "Sale". A sale or offer to sell to the public merchandise of any and all kinds and descriptions, on hand and in stock, in connection with a declared purpose, as set forth by advertising on the part of the seller that such sale is: a. Anticipatory to the teImination, closing, liquidation, ( IS/) . . windup, discontinuance, conclusion or abandoIlt1ent of the business and advertised in the following phrases or in any other phrase or phrases of like or similar language which reasonably convey to the public that the sale is being conducted for such purpose: "Going out of business sale," "trustee's sale," "liquidation sale," "executor's sale," "adninistratoris sale," "adjustment sale," "reorganization sale," "creditor's comnittee sale," "assignee's sale," "receiver's sale," "loss of lease sale," "forced out of business sale," "removal sale." A "removal' sale" is defined as a sale held out in such a manner as to reasonable cause the public to believe that the person conducting the sale will cease and discontinue business at that location, and will then move to a new or another existing location. b. A result of damage or alteration to the merchandise being offered for sale by disaster or other fortuitous occurrence, and advertised in the following phrases of like or similar language which reasonable convey to the public that the sale is being conducted as a result of such occurrence: "Fire sale," "insurance salvage sale," "damaged goods sale," "smoke sale," "water damage sale." 307.02 Exception For Actual Disaster Sales. This chapter shall not apply to a sale held by a regularly established retail or wholesale merchant at his regular place of business, provided that such sale is held for a period not to exceed fifteen (15) successive days, excluding Sundays and hol idays, during the period of ninety (90) days immediately following actual damage to said merchant's stock of goods by fire, water, smoke or other chance circunstance. If such damaged merchandise has not been sold within the fifteen (15) day period, an extension of such sale period must be obtained by resolution of the City Council. 307.03 Exception For Regular Sales of Damaged Goods Consigned Fran Insurance Qnpanies. This chapter shall not apply to any person who has and maintains a pennanently established place of business solely confined to the sale of property damaged by fire, water, smoke, or other chance circunstance, which property is taken on consignnent direct ly fran insurance coopanies who have taken such property as settlements of losses; and who does not advertise in the temlS used in the definition of "sale" in section 307.04 License Required. No person shall advertise or conduct any sale of the type defined in this chapter without being licensed hereunder. 307.05 Application For License. Any person desiring to advertise and conduct any sale of the type defined in this chapter shall apply to the City Administrator on fomlS prepared by the City. The application shall be in writing and shall be in the name of the true owner of the merchandise to be sold. The application shall truthfully state: a. The name and address of the appl icant, together wi th the names and addresses of all individuals who are members of ;? ",-<; . . the partnership, association or finn making such appl icat ion. b. The type of sale to be conducted and the reason for conducting such sale. c. The address at which such sale will be held. d. The nature of the occupancy of the premises where the sale is to be held, whether by lease or sublease, and the date of tennination of such occupancy. e. Whether or not the applicant has held any sale, as defined in this chapter, at the premises referred to in the application within one year last past from the date of the appl icat ion. f. The date of acquisition by the applicant of the business with respect to which the sale is to be held. g. The names and addresses of the individuals who wi 11 have charge of the sale. h. An inventory which shall contain: 1. A legible, orderly, detailed, complete and accurate descriptive list of the merchandise to be offered for sale which inventory shall include only merchandise owned by the appl icant which appl icant expects to include in such sale located on the premises where the sale is to be held and in warehouses. Such inventory may include all goods which have been purchased by the applicant for resale on bona fide orders without cancellation privileges and shall not comprise goods purchased on consignnent. Such inventory shall not include goods ordered in contenplation of conducting a sale regulated hereunder. Any purchase or additions made within ninety (90) days immediately prior to the fi ling of an application shall be deemed an unusual purchase or addition and made incontenplation of having a sale as regulated by the tenus of this chapter; provided, however, that in detennining the average monthly inventory seasonable purchases and inventories shall be considered and adjusted. 2. Insofar as reasonably possible on the basis of available record data regularly kept by the applicant, the dates of acquisition of such merchandise, the names and addresses of the persons from whom obtained, and the marmer of acquisition. The inventory shall contain the cost price of the merchandise to be sold, and the regular price at which the merchandise was sold prior to the making of the application 'for license. The application and the inventory shall be executed and verified in duplicate under oath by the individual making ~ . . the application or by a meni>er of the partnership making the application or by the general managing officer or agent of the association, joint enterprise, firm or corporation, making the application, and shall be filed in duplicate with the City Administrator. 307.06 Limitations on Grants of Licenses. a. Any person who has not been the owner of a business described in the application for license for a period of at least six (6) months prior to the date of application shall not be granted a license. b. Any person who has held a sale as herein defined at the location designated in the application within one year last past fran the date of such application shall not be granted a license. c. When any person applying fora license operates more than one place of business the license issued shall apply to only the named sIOre or branch specified in the application, and no other store or branch shall advertise or represent that it is cooperating with it, or in any way participating in the licensed sale, nor shall the store or branch conduct ing the licensed sale advertise or represent that any other store or branch is cooperating with it or participating in any way in the licensed sale. 307.07 License Fee. Upon the filing of such application and inventory in duplicate and the payment to the city of the sun of seventy-five dollars ($75.00) plus seven dollars ($7.00) for each one thousand dollars ($1000.00) of the inventory or major part thereof, the application shall be investigated by the City Administrator, who shall then examine the application and support ing data and recoomend to the City Council the granting or denying of such license. 307.08 Term; Renewals Authorized. Licenses issued hereunder shall be for a period of not to exceed forty-five (45) days. Upon satisfactory proof that all of the merchandise listed in the inventory attached to the original application has not been disposed of and that no items of merchandise not listed in such inventory have been or are to be sold at such sale, the City Administrator shall investigate the truthfulness of the ..d!\:!.' 6c-b' application and the supporting data, and shall then r~c~J!!}Emp;;J.9:trv ().-c . the City Council the granting or denial of a renewal ~~ahd fkiY-~ such renewal shall be for no more than one hundred fifty dollars ($150.00). In the event a second renewal for fifteen (15) days is applied for under the terms and conditions hereinbefore stated for the first renewal, the fee for such renewal shall be fifty dollars ($50.00) for each day of such sale to defray the cost of daily supervision by the City Administrator during the period of the sale. 307.09 Proof Required for Renewal. Proof as required above shall be furnished on a form prepared by the City. It shall be accoopanied by an inventory which shall contain a legible, orderly, detailed, cooplete and accurate descriptive list of the merchandise then on hand unsold. Such renewal application and accoopanying inventory shall be executed and veri fied under oath by the individual making the applicat ion, or by a member of the 1 , . . . partnership making the application, or by the general managing officer or agent of the association, joint enterprise, finn or corporation making the application. 307.10 Deadl ine for Renewal Applicat ion; Nunber of Renewals. All applications for renewals must be made not less than ten (10) days prior to the expiration of the existing license, and no more than two (2) renewals shall be granted for any such sale for the same location. 307.11 Conditions of License. The license shall have the privi lege of conducting a sale as defined in this chapter upon the following conditions: a. Such sale shall be conducted on the premises specified in the application, during the period of the license and any renewals thereof, and no longer. b. No merchandise not described in the inventory shall be added to or included with that specified in the inventory furnished with the application and offered for sale at the sale. Each sale of merchandise not included in the inventory shall constitute a separate violation of this condition. c. The sale shall be advertised and conducted in the name of the licensee only and no reference to the reasons for the sale shall be advertised unless the reasons shall be ~dvoFtiGed YRlcss the reaG8RG Ghall eo-in confonnity with those stated in the application and shall be applicable to the toe Uw licensee at the time of such advertisement. d. The license to conduct such sale shall be conspicuously displayed during the duration of the sale near the entrance to the premises where the sale is being held. e. A duplicated original of the application and inventory pursuant to which such license was granted, shall be available at the premises where the sale is being held to the City Administrator, and the licensee shall pennit him to examine all merchandise on the premises for cooparison with such inventory. f. At the close of business each day there shall be noted on the inventory attached to such duplicate original application the items disposed of during such day. g. Sui table books and records shall be kept by the licensee and shall be available at all times to the officers and agents of the department of licenses and consuner services. h. No advertisement shall contain any assertion, representation or statement of fact which shall be untrue, deceptive or misleading as to the ownership of such merchandise, the source from which it was obtained, the quantity, nature, condition or quality thereof, or the value or price thereof, 5 , . . . or the savings or discounts offered with respect thereto, and, if any price cooparisons or percentages of savings or discounts are quoted in any advertisement, such savings or discounts shall be cooputed upon the prices stated in the inventory with respect to the items referred to in such advertisement; provided, however, that no cooparison in either general or specific terms shall be made in any such advertisement with respect to either the regular wholesale or regular retail prices of any merchandise unless the regular wholesale or regular retail price of such merchandise so referred to is stated in the inventory attached to such application. i. The licensee shall forthMnth at the conclusion of any such sale file with the City Administrator a true inventory of all merchandise, if any, then remaining unsold. i ~ \ 307.12 Licensee to Refrain From Similar Business for ~~. No person who has conducted a sale under this chapter shall engage in the same type of business at a location within a distance of one-half mile measured from front entrance of previous place of business within a period of six (6) months after the tennination date of the sale licensed under this chapter. 307.13 Legal Sales Excepted. The provisions of this chapter shall not apply to the advertisement or conduct of sales by sheriffs, constables, marshals or other public or court officers in the perfonnance of their official duties as such, or to trustees in bankruptcy, or any other person or persons acting under the direction or authority of any court, state or federal, selling merchandise in the course of their official duties. 307.14 Violation. Any person violating the provisions of this Chapter shall be gui lty of a mi sdemeanor. Section 2. This ~dinance shall be in full force and effect from and after its passage and publication. .AlX)PrED BY 1HE CI1Y CUJNCIL of the Ci ty of Shorewood, Mimesota, this day of , 1987. Robert Rascop, Mayor A1TEST: Sandra L. Kemelly, City Clerk & BID TABULATI. DITCHING. CLEARING AND APPURTENANT WORK PROJECT NO. 87-3 EUREKA ROAD DRAINAGE FOR THE , CITY OF SHOREWOOD. MINNESOTA BIDS OPENED: 11:30 A.M. ORR-SCHELEI-MAYEROI SEPTEMBER 25. 1987 .. ASSOCIATES. INC. ~pIO'ggq~ 810 ~glUJL. TqlAJ.. BID Volk Trucking & Excavating 5% $15,425.00 I HEREBY CERTIFY THAT THIS IS A TRUE AID CORRECT TABULATI. OF THE BIDS AS RECEIVED 0It: DATE 9 -"-5 - 'lr7 BY -# -P. J!~ *Denotes Corrected F1 gUN OSM COMM. 10.. 1744..43 I J~ -Mr. D. A. Giov2nelli 3 Ma~Lynn Road . Excelsior. MN. 553 August 21, 1987 . .. City of Shorewood Mr. Don Zdrail, Public Works Director 5755 Country Club Road Shorewood,~nr. 55331 Gentlemen. We the' undersigned petition the City of Shorewood to correct the water problem in the channel adjacent to MacLynn Road which connects Chrism-as Lake to st. Albans,.Lake Minnetonka. The culverts under Excelsmor Boulevard and H!ighway No. 7 have not been maintained and, therefore, we have lost the ability to use the channel as a lakeshore property. However, we have been assessed taxes as lakeshore property and we desire to have lakeshore property. Please make reference to the Minnehaha Creek Watershed District Rules, Rule B" ,storm Water Management Plan. with the present water level of approximately 929 feet and the dredging limit of 925.4 ,we would not have a water quality problem at present had there been reasonable maintenance management. Enclosed are drawings of existing conditions in the channel parallel to MacLynnRead. The owners of property on '"the channel ordered the study to illustrate the condition caused by constant filling in from local roads. The channel has filled to the point where it is no longer usable. Over half of the channel was completely dry this summer until the recent rains. The heavy rains moved some of the fill further down the channel and replaced most of it with new material. As this is written, there are presently several additional yards of material along the shoulders of Excelsior Boulevard waiting to be washed into the culverts. It is apparent that measures must be taken to prevent or limit future erosions into the channel. A summary of the filling of the channel since 1973 is attached. You will n~tice governmental agencies were contacted about the problem 10 years ago. It is important -that this situation be corrected as soon as possible. M~tlJ ,jMr. ,l- ~r~CObS . . ",$lid s. A. Zigneigo g ." Petition . se~-::. M~/DNR Metro Waters Hennepin County Dept. of Transp. Minnehaha Creek Watershed District KN/DOT District Engineers li .. City of Excelsior City of Shorewood City of Deephaven /71J , . . CHANNEL OBSERVATIONS 1973 TO PRESENT TIME I moved into my home at One MacLynn Road in February, 1973. That summer the water depth was adequate for boating. Although I had no reason to measure the water/s depth, 1 had boats up to 24 feet in length tied to the c h an n e 1 1..<.10.1 1 . I noticed a sharp drop in the bottom about 10 feet from the end of the culverts. I observed that drop off move down the channel approximately 20 feet each year. By 1976 I was no longer able to get a 22-foot boat into my o.r'ea. . In the spring of 1977 representatives of the state, county, and cities studied the problem but nothing was done because Excelsior was involved in a Galpin Lake drainage project. At that time the culvert area was dry and one of the gentlemen went into the culvert and reported a hole in the top of the culvert. By the fall when lake levels had dropped, the channel area behind my house was completely dry for the first time. An 8-inch rain in August clea.ned c.ut the cl.Jlver.t completely, undermined m>' ch.9.nnel VJo.ll, and dug o. deeper' cc.ur's.e. For the past several years, I have only been able to use a fishing boat and canoe because of the water depth. In 1986 I had trouble us~nQ my lawn sprinkl ing system and this year the channel has been completely dry until the r'ecent ra.in-;.. The first heavy rain In July once again cleaned out the culvert and dug a channel but did not leave any water behind my house. The second rain undermined the channel wall once again and ultimately fi lIed the course previously dug and filled part of the larger culvert. In addition, there are several new yards of sand and gravel waiting to be washed into the channel. . '\ ,-'~JU t .., 'P' ,."1 ~ ~": -\. _.;r " ,> '-,:'-" , - --\ ~' ," .~ '-\ --m.. ~/ / I E; ~~' ~+~l ('--. , \\ ~ .()" 2 Ii ,/ i ~ I ~' \ \,~ \\ \ '.' .'''\' \\ " ~I'''' ~ ~ ... ....'.- ,"// f ,// / /:' ~.;o/ / ~ ,/'" I ../ . 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