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042886 CC Reg AgP . , , . CITY OF SHOREWOOD AUDIT REVIEW AND REGULAR COUNCIL MEETING MONDAY, APRIL 28, 1986 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 AUDIT REVIEW 7:30 REGULAR COUNCILMTG. AGE N D A 7:00 AUDIT PRESENTATION A. Pledge of Allegiance B. Roll Call Shaw Stover Gagne Mayor Rascop Haugen . "j ~ .V;; \/" / .// V V 7:30 CALL TO ORDER 1. APPROVAL OF MINUTES A. Special Council Minutes - April 7, 1986 (Att #lA - minutes) B. Regular Council Minutes - April 14, 1986 (Att #lB - minutes) 2. MATTERS FROM THE FLOOR A. B. 3. PLANNING COMMISSION REPORT A. B. 4. PARK COMMISSION REPORT A. B. -1- COUNCIL AGENDA ~ MONDAY, APRIL 28, 1986 page two 5. CONSENT AGENDA A. Appointment Qf Seyretqry/Receptionist Nancy Buckentine (probationary) (Att #5A - memo) B. Swimming Pool Permit Applicant: Location: David Littlefield 24775 Glen Road Seconded ~~.. ~~ S I'M. xl' 6 (Att #5B - permit application) Moved Vote 6. CATHCART AREA PROJECT DISCUSSION 7. NEAR MOUNTAIN DEVELOPMENT AGREEMENT (Att #7A - staff report) .1 (Att #7B - Development Agreeme~t- Council insert only) 8. AMENDMENT TO THE BOULDER BRIDGE DEVELOPMENT AGREEMENT AND THE SHOREWOOD OAKS DEVELOPMENT AGREEMENT (Att #8A - staff memos) (Att #8B - Amendment to the Boulder Bridge Development Contract) (Att #8C - Shorewood Oaks Development Contract) 9. PLANNER'S REPORT A. Request for Building Permit (Att #9A - letter from Leslie Nelson) B. -2- . I .. COUNCIL AGENDA MONDAY, APRIL 28, 1986 page three 10. ATTORNEY'S REPORT A. Christmas Lake Access Discussion B. Nephew Lawsuit Update C. 11. ENGINEER'S REPORT A. Presentation of Plans and Specifications for ~.~. Area Trunk Watermain and Shorewood Oaks Improvements, B. 12. A~MINISTRATIVE REPORTS A. Lawcon Grant Application (Att #12B - memo) B. Covington Vine Ridge - Request to reduce letter of credit- United Mortgage Company (Att 12B - memo and information) C. Set May Council Meeting Dates D. 13. MAYOR'S REPORT A. Citizens Survey B. Police Department Consultant Proposal C. 14. COUNCIL REPORTS A. B. 15". APPROVAL OF CLAIMS AND ADJOURNMENT ~,,. ..~~. ... <~"'" '1 .' " ", - ~, ,,' ... ~ I . ~.~ ",t~. .,., ..... ,.1 ,.f"'..~"."~'>' ... 4 Q. <AlII; ;4.~'" ADMINISTRATOR'S OFFICE 5755 COUNTRY CLUB ROAD 7:00 P.M. ,. CITY OF SHOREWOOD SPECIAL COUNCIL ~mETING MONDAY, APRIL 7, 1986 M I NUT E S CALL TO ORDER The special meeting of the Shorewood City Council was called to order by Mayor Rascop at 7:10 P.M., Monday, April 7, 1986, in the Administrator's Office of City Hall. ROLL CALL Present: Mayor Rascop, Councilmembers Shaw, Gagne, Haugen and Stover. Staff: Attorney Froberg and Administrator Vogt. BROt.'!' S tvIARKET Mr. Stan Cirpinski was present to request that Brom's Market be allowed to open its operation for this spring. Attorney Froberg stated that no permit is required but that the use is in violation of the Trivesco PUD and recommended no action by the Council. Mr. Cirpinski stated that this would be the last year of operation since his lease expires at the end of June. The Council approved con- tinuance of the use only through June of 1986 and directed staff to write a letter to the owner of the property (Trivesco, Bob Mason) informing him that this would be the last year for the Brom's Market or any related use of the property and that a letter will be forthcoming from the City Building Official regarding dem- olition of the structures. SOUTH LAKE MINNETONKA PUBLIC SAFETY DEPARTMENT (SLMPSD) Lengthy discussion took place relative to the response received to date concerning the proposed SLMPSD contract offered by Shorewood. As a result of the discussion, the City Administrator was directed to write a letter to the Mayor and Councilmembers of the cities of Excelsior, Greenwood, and Tonka Bay informing them of the fact that based on the response received on the Shorewood proposal and the differences which continue to exist, Shorewood will withdraw from the SLMPSD as of December 31, 1987, and is beginning to formulate plans to establish its own Police Department. A Notice of With- drawal and Resolution of Withdrawal were also directed to be sent. The Council directed that letters of resignation be sent to the Building Committee for Mayor Rascop and Councilmember Gagne since we would no longer be part of the SLMPSD. The Council also directed the City Administrator to look into the hiring of a chief or a con- sultant to aid the City in making plans to form a Shorewood Police Department and to report to the Council by April 14 with his findings and recommendation. FINANCE COMMITTEE Councilmember Stover reported that David Lawrence of Howards Point Road is interested in appointment to the Shorewood Finance III . . COUNCIL MINUTES APIRL 7, 1986 FINANCE COMMITTEE (cont.) Committee. Administrator Vogt was directed to discuss the appoint- ment with Mr. Lawrence and make a report to the Council at the April 14 meeting. CORRIDOR STUDY Councilmember Stover reported that she, Councilmember Haugen and Administrator Vogt attended a Corridor Study meeting at the Minnetonka High School on April 2. The consultant doing the work, B R W, Inc., is interested in Shorewood's recommendations for the corridor. Administrator Vogt was directed to write a letter which stated that our main area of concern is the Vine Hill Road inter- section and that the City does not favor rerouting through the residential area directly South of the intersection (Shady Hills). MURFIN WATER LINE Administrator Vogt presented various options to run water from the Badger Well to the Public Works garage and City Hall in an effort to remove the water line which crosses the Murfin property north of the Public Works garage. Proposals from two firms were reviewed which included watermain sizing from 4" to 12". The Council directed staff to prepare specifications and bid documents to obtain sealed bids to construct a 12" watermain from the Badger Well west to the existing 8" watermain which serves the fire hydrant located near Country Club Road. Sealed bids are necessary due to construc- tion costs in excess of $15,000. SECRETARY/RECEPTIONIST Administrator Vogt reported that an advertisement had been run in four (4) different newspapers to fill a Secretary/Receptionist position for a temporary (10 to 12 week) time period. Response was received but no one wanted the position due to the temporary nature of the position. Based upon this report, the Council directed Administrator Vogt toadvertise for a full-time Secretary/Recep- tionist at the same hourly rate agreed to previously. ADJOURNMENT On a motion by Member Gagne, seconded by Member Haugen, the meeting adjourned at 9:30 P.M. ~Respectfully submitted, Mayor Rascop Daniel J. Vogt City Administrator -2- . ~ CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, APRIL 14, 1986 . COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 PM M I NUT E S CALL TO ORDER Mayor Rascop called the regular Council meeting of Monday, April 14, 1986, to order in the Shorewood Council Chambers at 7:30 PM. PLEDGE OF ALLEGIANCE Mayor Rascop opened the meeting with the Pledge of Allegiance and a prayer., ROLL CALL Present: Mayor Rascop, Councilmembers Haugen, Shaw, Stover and Gagne.. Staff: Attorney Froberg, Engineer Norton, Administrator Vogt, Planner Nielsen, and Clerk Kennelly APPROVAL OF MINUTES Gagne moved, seconded by Haugen, to approve the minutes of March 24, 1986 with typing corrections as needed. Motion carried unani- mously.. MATTERS FROM THE FLOOR Police Department Discussion Mr. Dick Wakefield of 5235 Lee Circle reviewed for the Council his knowledge of the establishment of the current police department. He stated that the current department provides excellent service with outstanding response time. He feels the City would be doing an injustice to its residents by pulling out of the joint powers department, and that the residents would be paying more for less., Charlie Thompson of 130 Lake Street, Excelsior, and former Council member for Excelsior, indicated that the Shorewood residents he spoke with were in favor of the joint department and keeping the costs down. He questioned the cost of establishing a new department versus the current costs to Shorewoo~. Pat Collins of 4675 Fatima Place, a Minneapolis officer of 17 years, spoke from a professional point of view. He felt a 7 man department would become more "note takers"-. The current coverage, investigations, response time and juvenille officer will be affected. David Hoo of 23260 Park Street also spoke of the quality of the current department and was concerned about added cost for the service. -1- /6 COUNCIL MINUTES ~ MONDAY, APRIL 14, 1986 page two ~ MATTERS FROM THE FLOOR continued Police Department Discussion - continued Mayor Rascop asked each of the Council members to express to ' the audience their reasons for giving notice of withdrawal from the existing department. All Councilmembers were in total agree- ment on the excellent quality of the police department, and assured them that there was no problem with the departments quality of service. Haugen felt that the other cities did not want to work out any kind of a compromise, a "take it or leave it" attitude_. Shaw felt a great lack of ability of the cities to communicate properly. Stover stated a responsibility to the taxpayers to have some budget controls equal to the percentage of funds expende~. Withdrawing from the department may cause a step backwards at this time but will be in the best interests of the city for the futur~. She also feels that the police building proposed by and bonded by Excelsior, should be Excelsior's proble~. Gagne also felt that the budget controls should be equal to the contri- butio~. Rascop also felt the building cost is Excelsior's prob- lem. Shorewood offered a site in the city and did not expect the other cities to be financially responsible for that sit~. He felt there was a real need to make changes in the contract to gain more budget controls. No response to Shorewood's prop- osed contract was received from Exclesior. Rascop is not in favor of splitting up the department because everyone will lose but he can not agree with continuing this contract "at any cost"_. He will support the Council's decision to withdraw. J The Mayor of Excelsior, Dick Knapp, stated that he felt that they had addressed Shorewood's budget problems and concerns over cost of juvenille officer expens~. He indicated that after the bonds for the police department building were paid off, no add- itional rent will be charged to the other citie~. Charlie Thomp- son stated that the smaller cities wanted the police building within their city to maintain control of the departmen~. Rascop indicated that no further action will be taken at this time, no consultant will be hired for the research of developing a police departmen~. COUNCIL BREAK............................. .8:20 - 8:25 PLANNING COMMISSION REPORT Stover referred to the Planning Commission minutes of April 1, 1986, items to be handled later in this meetin&. PARK COMMISSION REPORT Mike Jergens, the newest member of the Park Commission, reported on the meeting of April 7, 1986. The Commission did an on-site inspection of Freem~n Park_. The-y then continued the meeting in -2- . . COUNCIL MINUTES MONDAY, APRIL 14, 1986 page three PARK COMMISSION REPORT - continued the Council Chambers and discussed a proposed skateboard ramp, park grants and the Christmas Lake access. Jakel asked that the maintenance cost of the new access be a budget item separate of the current park budget in 1987. Signage for the access was also discussed. - CONSENT AGENDA Mayor Rascop listed the items for approval in the Consent Agenda: A. Appointment of David Lawrence to the Finance Committee B. Set the Board of Review Meeting for May 22, 1986 at 7:30 PM C. Issue Cigarette License to the new owner of Skipperette, James Pyle D. Issue non-intoxicating off-sale and malt liquor license to James Pyle of the Skipperette E. Issuance of Garbage Collector's license to Gopher State Trucking has been removed from the consent agenda as requested by owner, Bill Wred~. F. Swimming pool permit for Warren Olson of 23820 Yellowstone Trail J G. Permanent appointment of Kathleen Schwankl as Bookkeeper H. Approval to pay for Corridor Study from the Mayor and Council Budget by a budget amendment I. Accept and award the 1986 weed spraying contract to Jim Mahoney for $2,39~.0~. Haugen moved, seconded by Stover, to remove item H (Corridor Study Payment) from the Consent Agend~. Rascop moved, seconded by Haugen, to approve all the items on the Consent Agenda except E and~. Motion carried - 5 ayes. Haugen would like to postpone payment of the Corridor Study until the report has been submitte~. Gagne moved, seconded by Shaw, to approve the.payment request for the corridor study prior to receipt of the report and to insure a quick finalization of the study. Motion carried - 4 ayes - 1 nay (Haugen)_. - David Lawrence was present to introduce himself to the Council, he expressed his interest in the committee and his experience. Administrator Vogt informed the Council of the resignation of another Finance Committee member, l<.c::I.tllY Franzen. -3- KI14 - COUNCIL MINUTES · . MONDAY, APRIL 14, 1986 page four SMITHTOWN CIRCLE FEASIBILITY STUDY ORDERED RESOLUTION NO. 23-86 The owners of the Smithtown Circle Addition have requested that the City bond from utility improvements and assess costs against the addition. Planner Nielsen suggested the project could be included with the bonding for the Shorewood Oaks projec~. Nielsen would like the Council to develop a policy regarding this bonding request for the future. Gagne moved, seconded by Haugen, to authorize the preparation of a feasibility study subject to receipt of a title opinion and a $1,000 security to cover costs of the study as agreed upon,by the develope~. Approved by Roll Call Vote - 5 aye~. ROAD VACATION AND LOT LINE CLARIFICATION - WALLACE KING Jerry Carroll, Attorney for Mr. King of 25620 Birch Bluff Road, was present to request a property line clarification due to the traveled surface of the corner of Eureka and Birch Bluff Road not being located on the platted road location. This has caused the northeast corner of 25625 Birch Bluff Road- to be split by the existing road surface. Mr. King has agreed to share the cost of a needed survey with the Cit~. Haugen moved, seconded by Stover, to obtain survey costs to be reviewed by the Administrato~. Motion carried - 5 ayes_. Haugen moved, seconded by Gagne, to set a public hearing for May 12, 1986 for the purpose of a road vacatio~. Motion carried - 5 ayes_. Attorney Froberg suggested possible ways to best correct the exist- ing problem_. Haugen moved, seconded by Stover, to direct staff to obtain additional information to clarify the problem and include subdivision and lot area varinance requests at the same time as the road vacation hearin&. Motion carried - 5 aye~. DENIAL,OF SETBACK VARI~NCE - 5472 CARRIE LANE RESOLUTION NO. 24-86 Davidc-tlaskins, lot owne,rand builder, has requested a variance of .~', on the west boundary and 9' on the south boundary for the gar~ge portion of his hom~. He feels his request is justifiably du~ to the fact that his building was designed from a preliminary plat-drawing received prior to final approval and prior to adopt- ion of the interim zoning ordinance. He stated that the setbacks were changed during the time he originally began the purchase of the property and the closing. Support for the approval of his request came from Robert S.C. Peterson and Walt Jones, adjoining property owners_. Council did not feel a "Hardship" had been shown_. -4- . COUNCIL MINUTES MONDAY, APRIL 14, 1986 page five . DENIAL OF SETBACK VARIANCE~5472CARRIE LANE - continued Haskins then presented an alternative plan that required a 5' variance on a 50' road setback. Gagne moved, seconded by Shaw, to approve the variance requested by the second plan submitted. Motion denied by Roll Call Vote for "lack of hardship"_. 3 n-ays - 2 ayes (Gagne and Shaw)_. SIMPLE SUBDIVISION - 5600 GRANT LORENZ ROAD RESOLUTION NO. 25-86 Mr. Warren Olson of 5600 Grant Lorenz Road has requested a simple subdivision to divide his current lot into two lots that do comply with the Zoning Ordinanc~. Shaw moved, seconded by Gagne, to approve the division subject to the recommendations of the Planner's report dated April 9, 198~. Division approved by Roll Call Vote - 5 aye~. HARDING ACRES 2nd ADDITION - PRELIMINARY RESOLUTION NO. 26-86 AND FINAL PLAT APPROVAL A request was received from Network Development Inc. They have submitted plans and specifications exactly the same as the previous deve loper_. Gagne, moved, seconded by Haugen, to approve the Preliminary and Final Plat subject to the Planner's recommendations of April ~~. 198~. Motion approved by Roll Call Vote - 5 ayes. CHRISTMAS LAKE ACCESS M~. Frank Fallon, President of the Christmas Lake Association, explained the background of the land acquisition and the terms of various agreements with the DNR in establishing a public access_. He feels that most of the issues will be resolved subject to the necessary city approval~. Shaw moved, seconded by Gagne, to approve the subdivision and combination of land as proposed. After further discussion, Shaw withdrew his motion at this time, Gagne accepted the withdrawal~ Council discussed with Scot Bracky, site designer, and Mike Markel, representative of the DNR, various aspects of the access desig~. They discussed at length the pr?posed specifications of the road access and parking lot. Council and Engineer Norton did not approve of the proposed road and lot design as well as various other areas as stated in the Engineer's report of March 11, 198~. Mr_. Markel agreed to add an additional 1" mat to the road and lot if needed within a 10 year perio~. Shaw moved, seconded by Gagne, to accept the improvements as presented for the boat access to include the 1" overlay if needed within the 10 year period. Motion carried - 3 ayes - 2 nays (Haugen and Rascop) - -5~ COUNCIL MINUTES ~ MONDAY, APRIL 14, 1986 page six ~ CHRISTMAS LAKE ACCESS ~ continued Approval of Subdivision and Combination RESOLUTION NO. 27-86 Shaw moved, seconded by Gagne, to direct .the Attorney to draw a Resolution approving the Subdivision and Combination of proper- ties as requested and subject to the Planner's recommendation~. Resolution approved by Roll Call Vote - 5 ayes. Attorney Froberg indicated that all deeds and agreements will be drawn after the preparation and acceptance of the Resolution has been complete~. C.U.P. Granted RESOLUTION NO. 28-86 Shaw moved, seconded by Stover, to grant a C.U.P. for the lake access to include the removal of the Fayfield property house by January of 1987. C.U.P. was approved by Roll Call Vote - 5 ayes_. -- Froberg will review the title opinion when submitted. Variance Approvals (10) RESOLUTION NO. 29-86 Gagne moved, seconded by Stover, to approve the following 10 variances as listed: 1. Lot area. Forty thousand square feet is required in the R-1A district. -The exact area of the access site has yet to be determined. 2. Lot dept~. One hundred fifty feet is require~. 3. Building setback from the street (front property line) - 50 feet. 4. Building setback from lake - 75 feet. 5. ,Building setback from side lot line - 20 feet. 6. Roads and parking areas setback from lake - 50 feet. 7. Parking setback from street (front property line) - 50 feet. 8. Maximum percent of impervious surface - 30% of lot area. 9. Grading within 20 feet of lake. 10. Toilets not served by sanitary sewer syste~. Variances granted by Roll Call Vote - 5 aye~. -6- COUNCIL MINUTES MONDAY, APRIL 14, page seven 1.6 . CONDITIONAL.USE-PERMIT AND. VARIANCE 5775 Grant Lorenz Road RESOLUTION. NO. 29-86 Mr. Baylon Leiferman of 5775 Grant Lorenz Road has requested a building permit to remove .an existing garage that encroaches on the property to the nort~. This will leave the existing house approximately 7.5 feet from that lot line. He would then like to add on to the house on the north side but not to extend closer to the lot line than the 7.5 feet Haugen moved, seconded by Stover, to grant a Conditional Use Permit and a variance to expand a nonconforming structure. Motion carried by Roll Call Vote - 5 aye~. - REQUEST FOR SIMPLE SUBDIVISION AND VARIANCES 26120/26140 Birch Bluff Road Mr. and Mrs. Meloche and Mr. and Mrs. Bauman were present to make their request for a division and combination of their lots to create 2 lots of more equal size, approximately 14,815 square feet with a 85' lot width. Neither of the existing lots conform with the zoniqg requirements at this time, thus requiring a C.U.P. for de- velopment. Variances will be needed for side and road setbacks for proposed garages for each of the lots. Planner Nielsen has also recommended the removal of 2 existing garages that are noncon- forming. Mr. Meloche would also like to be able to renew his var- iances and C.U.P. each year until which time he will be building a new home the-re-. Gagne moved, seconded by Haugen, to approve the request subject to the Planner's recommendations. After consideration Gagne moved, seconded by Haugen, to w{thdraw this motio~. Approval of Simple Subdivision and Combination Haugen moved, seconded by Gagne, to approve the subdivision and combination as requested. Motion carried by Roll Call Vote - 5 ayes_. - RESOLUTION NO. 30-86 Meloche Side Setback Variance and C.U.P. RESOLUTION NO. 31-86 Gagne moved, seconded by Hauge~, to grant a ~.~.~. to develop a substandard lot and to add to a nonconforming structure, also to grant a 10' variance to add onto an existing structure. Motion carried by Roll Call Vote - 5 ayes. Mr. Meloche was also informed that he will have to return for additional requests if/when he decides to build a new structure. Mr. Bauman then presented plans for his new garage that requires a road setback variance. He will lose his current garage because of the subdivision and this location is the only way it will conform with his home. This area has been proposed for a zoning change to R-1C_. -7- COUNCIL MINUTES I MONDAY, APRIL 14, 1 6 page eight . REQUEST. FOR.SIMPLE.SUBDIVISION.AND"VARIANCES Meloche/Bauman Bauman Road Setback Variance RESOLUTION NO. 32~86 Stover moved, seconded by Haugen, to approve a front setback variance of 2' and a side lot variance to 10'. Motion carried by Roll Call Vote - 5 ayes_. - COUN C I L BREAK.................................. 10 : 5 0 ~. 10 : 56 PLANNER'S.REPORT Discussion of Reinstatement of TingewoodP.U.D. Planner Nielsen referred to report of April 10, 1986, stating 6 items to be completed prior to reinstating the building permit, and 6 additional items for completion prior to reinstating the P.U.D. Nielsen has done a final inspection of two of the unit~. Gagne would like to have no further inspection done or an occupancy permit issued until the Council approves.. An adjoining neighbor, Dennis Clarke, explained to the Council the various title problems, plowing expense, landscaping changes, and leins placed on his property because of the division done with the Tingewood projec~. Shaw moved, Gagne seconded, to require that all 12 items in the Planner's report be completed prior to reinstatement of the build- ing permit, to withhold occupancy permits and not to accept the application of the P.U.D. until all these items have been complete~. Mot ion carried - 5 a.ye.s..- ZONING ORDINANCE EXTENSION Rascop moved, seconded by Stover, to extend the completion date of the Zoning Ordinance for an additional 30 day~. Motion carried- 5 ayes.. ENGINEER'S REPORTS Cathcart Area Proposed Project Discussion The Council directed Engineer Norton to determine what would be necessary to correct the street problems in the Cathcart are~. He submitted his feasibility report for Project #85-1 - Street Replacement, Storm Sewer and Appurtenant Wor~. He reviewed the needed work and the cost of that improvemen~. A petition was received representing 48% of the affected homeowners opposing the improvement. Another petition was submitted signed by 72% of the homeowners on Beverly Drive, Cajed Lane and Afton Road, requesting a dead end on Beverly Drive and Cajed Lan~. -8- COl)NCIL MINUTES . MONDA~. APRIL 14, 1986 page nine . ENGINEER'SREPORT-~-continued Cathc,,!rt Area.Proposed Project. Discussion."", continued .. Haugentmoved, seconded by Stover, to accept and file the 2 petitions submi-tted. Var.iQu~ area residents questioned the need for the 9 'ton designed streets or storm sewer project and to what degree would this project correct the area water table proble~. The area residents were ~n agreement that they did not feel the roads replacement and storm sewer project were wante~. Stover moved, seconded by Haugen, to table until the meeting of April 28, 1986 to further consider the cost of this projec~. Motion carried - S aye~. Shorewood-Oaks Feasibility Report Norton reviewed the report containing the water main, streets and curb and gutter for the Shorewood Oaks projec~. Total cost of the improvement will be paid by the developers of the projec~. Vogt stated that a meeting is set with Boulder Bridge to redraft part of their development agreement to determine the cost to residents outside of Boulder Bridge for a connection of water service. Acce tance of Feasibilit Re ort-and RESOLUTION NO. 33-86 Aut orization-o te reparation 0 Plans and Specifications-Shorewood Oaks Gagne moved, seconded by Shaw, to accept the Feasibility Report and authorize the preparation of Plans and Specifications for the Shorewood Oaks Project. Motion carried by Roll Call Vote- S ayes_. - - The plans are being done by the developers Engineer and could be ready by April 28, 198~. Randy Herman asked what installation costs would be to service water to Strawberry Circl~. Those costs have not yet been deter- mine~. Dick Thompson asked why there was a payback clause in the Boulder Bridge agreement for outside connection~. Council informed him it was to pay Mr. Wartman back for some of his "oversizing cost" to install -a well larger than needed for his project alone_. S.E. Area Water Status Report Norton informed the Council that all 4 petitions for water improve- ments have been receive~. He is proceeding with the well design, pumphouse design and the elevated tower plan~. Stover questioned if the corridor study changes the location of the proposed intersection, would this change the water line design? Norton stated that easements will be obtained and the plans will remain the sam~. -9- COUNCIL MINUTES ~ MONDAY, APRIL 14, 1986 page ten ~ ATTORNEY'S.REPORT Burn- Out...,. 5580 - County.. Ro~d. #19 The Fire Marshall indicate& that an inspector will be determining the cause of the fire, after that determination is made the house will be torn down. Vine-Hill Furniture Complaint Complaint has been filed and will be served this week on the owner. EXECUTIVE SESSION ..,. NEPHEW SUIT ADMINISTRATIVE REPORTS Police Department Consultant A bid has been received for a cost of $9,500 to $14,500 six month project to establish a new police departmen~. requested further contacts be obtaine~. Hennepin County Fair Donation Gagne moved, seconded by Shaw, to approve a request for a $50 donation in support of the Hennepin County Fair. Motion carried- 5 ayes_. for a Council Public Works Union Update Job descriptions are being assigned and the Assistant Public Works Director will not be appointed at this tim~. Rascop would like to request from the union the right to manage our own unit. MAYOR'S REPORT Annuat Street Surveys The yearly street repairs survey will be conducted Thursday, April 24, 1986 beginning at 8:00 AM. Task Force The last meeting of the Task Force on Lake Minnetonka has been held. Rascop was not pleased with the results of the Task Force. He [s not in agreement with the temporary access acquired in - Minnetrista. COUNCIL REPORTS Recycling Cost Reimbursement A request of the garbage haulers has been made to the League of Women Voters to have the Cities apply for reimbursements for recycling and return the funds to the haulers to cover their hauling costs_. -10- COUNCIL MINUTES MO~DAY, APRIL 14, page eleven 1. . COUNCIL.REPORTS.continued Building Purchase Council instructed the Administrator to check into the purchase of the building next to City Hall for a possible police department or added office space for City Hal~. Joint PowersPolice.Department Meeting Stover indicated that there may be a 4 city Council meeting on April 23 or 24 at Minnewashta School for the purpose of discussing the police department contrac~. APPROVAL OF CLAIMS AND ADJOURNMENT Haugen moved, seconded by Gagne, to adjourn the regular Council meeting of April 14, 1986 at 1:32 AM, April 15, 1986 subject to approval of claim~. General Fund - Acct #00-00166~02 Checks # 31887 - # 31943 = Checks #200222 - #200235 r Total $ 47,554.70 8 , 21 O~ . 25 $ 55,764_.95 Liquor Fund - Acct #00-00174-02 Checks # 4528 - # 4556 Checks #200236 - #200248 Total $ 28,366.50 2 , 3 8 6~ . 57 $ 30, 753_. 07 RESPECTFULLY SUBMITTED Sandra ~. Kennelly City Clerk Mayor SLK: san -11- ~ CHECK NO 31887 31888 31889 31890 31891 31892 31893 31894 31895 31896 31897 31898 31899 31900 31901 31902 31903 31904 31905 31906 31907 31908 31909 31910 31911 31912 21913 31914 31915 31916 31917 31918 31919 31920 31921 31922 31923 31924 31925 31926 31927 31928 .31929 31930 31931 31932 31933 31934 31935 31936 31937 . . GENERAL FUND - BILLS PAID SINCE APRIL 9, 1986 TO WHOM PAID Evelyn T. Beck Dave Werts - MPELRA Government Training Servo PERA State Treas - Soc. Sec. The Minnetonka Bank Commissioner of Revenue ICMA Retirement Assoc. City-County Credit Union Metropolitan Council Hennepin Cty Agr. Society A.G. Electric AT&T Communications Acorn Services Acro-Minnesota, Inc. Albinson Earl F. Andersen & Assoc Astleford International Bob's Personal Coffee Servo Brown Photo Century Sales Co., Inc. Chanhassen Lawn & Sports Chaska Parts & Service Dem-Con Landfill, Inc. Froberg & Penberthy Cragun's Harris Warehouse & Canvas Henn. Cty Treas. Kelly Services, Inc. Labor Relations Assoc. Leef Bros, Inc. Lyman Lumber Co. H.C. Mayer & Sons Midwest Asphalt Corp. Mpls. Star & Tribune Minnesota Daily Minnesota Fire Inc. Minnegasco Minn. Sub. Newspapers Wm. Mueller & Sons Munitech, Inc. Navarre Hdwe NSP Orr-Schelen-Mayeron Pepsi Cola Bottling Co. Pitney Bowes Tonka Auto & Body Supply Turf Supply Co. Victoria Repair & Mfg Waldor Pump Weekly News, Inc. 44.27 35.00 125.00 1,125.71 1,951.22 1,615.17 721.22 263.00 42.00 5,000.00 50.00 687.54 6.13 124.00 22.59 41.05 135.30 367.44 18.50 13.50 120.50 88.16 31. 93 48.00 5,653.75 60.00 24.80 184.00 49.50 113.75 181. 50 9.35 1,341.49 40.87 90.00 21.00 Hall/Garage 143.50 169.83 53.00 333.78 3,625.00 109.66 891. 39 710.56 71.45 54.00 48.65 890.00 69.30 2,484.76 320.80 PURPOSE Mileage - 2/18/86 thru 4/12/86 Advanced FLSA Seminar Spring City/Cty Mgmt Conf. 4/12/86 payroll - PERA 4/12/86 payroll - FICA 4/12/86 payroll - FWH 4/12/86 payroll - SWH 4/12/86 payroll - ICMA 4/12/86 payroll - Credit Union Highway 7 Corridor Study New Henn. Cty. "Olde Tyme" Fair City Hall/Garage Electrical Work Telephone Serv.- City Hall/Garage Copier Paper Office Supplies Planning Supplies Traffic Control Signs Equipment Maintenance Paper Towels - City Hall Film - Assessor Supplies Shop Supplies Small Tools/Equipment Maintenance Equipment Maintenance Dump Fee - Manor Pk Warming Hse Legal Fees City Manager Assoc. Conf. 8' X 10' Tarp Maps & Overlays Temp. Help - Lois Baden - 22.5 hrs Union Discussions Laundry Service - City Hall/Garage Repair Fence Due To Tree Damage Diesel Fuel/Regular Gas Road Repair - Smithtown/Timberlane Help Wanted Ad " " " Fire Extinquisher Maint-City Boulder Bridge Pump Hse Help Wanted Ad Winter Mix Maint. Servo April '86 - Water/Sewer Well Repr - Amesbury/Batteries/Sm Tools City-Wide Electricity Engr. Fees - S.E. Water Study/Coun. Mtg Pop - City Hall 2nd Qtr. Postage Meter Rental Small Tools/Equip Maint/Genl Supplies Grass Seed - Parks Workbench - Garage Pump Repair Legal Notices ..." AMOUNT $ \ CONTINUED ON NEXT PAGE.................... CHECK NO 31938 31939 31940 31941 31942 31943 . . GENERAL FUND- BILLS PAID SINCE APRIL 9. 1986 TO WHOM PAID Ziegler, Inc. Commissioner of Revenue U.S. Postmaster Evelyn T. Beck MAMA Norwest Bk. of Mpls. PAYROLL CHECK LIST 200222 200223 200224 200225 200226 200227 200228 200229 200230 200231 200232 200233 200234 200235 Void Daniel J. Vogt Sandra L. Kennelly Susan A. Niccum Evelyn T. Beck Kathleen G. Schwankl Bradley J. Nielsen Patricia R. Helgesen Charles S. Davis Dennis D. Johnson Daniel J. Randall Howard Stark Ralph A. Weh1e Donald E. Zdrazil PURPOSE General Supplies March. 1986 Fuel Tax Newsletters - 1632 pieces Mileage - 4/17 & 4/21 - Cleaning April 23. 1986 Mtg Sewer Imp Bond S-B 11-1-72 SUBTOTAL Void 80 hrs 80 hrs 80 hrs 80 hrs + 128 hrs retroactive pay 80 hrs 80 hrs + 248 hrs retroactive pay 80 hrs 82 hrs 80 hrs 84 hrs 80 hrs 80 hrs 80 hrs SUBTOTAL TOTAL AMOUNT $ 81.42 103.46 164.83 Supp. 14.17 9.00 16,758.90 $ 47,554.70 0.0 881.87 611.49 450.44 801. 33 473.67 836.74 527.61 554.14 595.28 626.54 551.66 519.31 780.17 $ 8.210.25 J $ 55,764.95 CHECK NO 4528 4529 4530 4531 4532 4533 4534 4535 4536 4537 4538 4539 4540 4541 4542 4543 4544 4545 4546 4547 4548 4549 4550 4551 4552 4553 4554 4555 4556 . . LIQUOR FUND- BILLS PAID SINCE APRIL 9, 1986 TO WHOM PAID State Treas. MN. BellBoy Corporation Coca-Cola Bottling Co. Day Distributing Co. Eagle Distributing Co. East Side Beverage Co. G & K Services Griggs, Cooper & Co. Jude Candy & Tobacco Mark VII Distributors Nelson Enterprises North Star Ice NSP Old Dutch Foods, Inc. Pepsi-Cola Bottling Co. Ed. Phillips & Sons Pogreba Distributing Prior WiRe Co. Quality Wine & Spirits Co. City of Shorewood BellBoy Corporation Eagle Distributing Co. Griggs, Cooper & Co. Intercontinental Pkg Co. Johnson Bros. Wholesale Mn Sub. Newspapers Ed. Phillips & Sons Quality Wine & Spirits PERA PAYROLL CHECK LIST 200236 200237 200238 200239 200240 200241 200242 200243 200244 200245 200246 200247 200248 Russell R. Marron Robert F. Nash Christopher Schmid Donald Tharalson Stephen H. Thies Todd H. Ogin John F. Josephson William F. Josephson Susan M. Latterner Steven D. Maeger Christopher J. Meyer Dean H. Young Joel S. Bove~ PURPOSE FICA owned for 1984 Liquor Purchases Pop Purchases Beer/Mise Purchases Liquor Purchases Beer Purchases Laundry Service Liquor Purchases Cigarette/Misc. Purchases Beer Purchases Shipping Expense for March Mise Purchases Utilities Mise Purchases Pop Purchases Wine Purchases Beer/Pop/Mise Purchases Wine Purchases Wine Purchases Reimburse for 4/15/86 payroll Liquor Purchases Liquor/Wine Purchases Liquor Purchases Wine/Liquor Purchases Wine Purchases Advertising Liquor/Wine Purchases Wine/Liquor Purchases Omitted PERA - Christopher Schmid SUBTOTAL 80 hrs 15 hrs 35 hrs 28 hrs 24 hrs 7 hrs 27 hrs 80 hrs 6 hrs 64 hrs 26 hrs 80 hrs 16.5 hrs SUBTOTAL TOTAL AMOUNT $ 150.12 1,331.17 329.50 1,109.35 1,992.48 1,819.60 25.20 305.55 1,665.27 5,206.85 79.00 75.95 231. 52 64.72 121.80 479.40 1,351.45 146.94 193.43 3,181.69 1,467.98 3,925.98 996.71 142.55 296.43 138.24 J 1,056.54 365.37 115.71 $ 28,366.50 438.03 68.25 126.41 122.13 100.77 29.24 109.56 487.50 23.81 262.18 115.93 432.63 '. 70.13 $ 2,386.57 $ 30,753.07 ,.-; Memo To: From: Date: Subject: . . CITY OF SHOREWOOD MAYOR Robert Rascop COUNCI L Jan Haugen Tad Shaw Kristi Stover Robert Gagne ADMINISTRATOR Doug Uhrhammer 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 . (612) 474-3236 Mayor and Councilmembers Dan Vogt ~ April 22, 1986 Ratify Appointment - Secretary/Receptionist I have filled the position of Secretary/Receptionist. At this time I recommend Council ratification of the probationary appointment of Nancy Buckentine to the position of Secretary/ Receptionist effective April 21, 1986, at a rate of pay of $5.50 per hour. Nancy is a resident of Chaska and I am confident that she will prove to be an excellent addition to our staff. ! Please let me know if you have any questions prior to Monday night. DJV/nkb A Residential Community on Lake Minnetonka's South Shore 5./} Permit fors :::~: :~ Plan Check Fee $ State Surcharge $ Metro S.A.C. 3 Adjusted Fee .. $ 5- --- ~treet Number & Name . u'T7'5 ~..., \2.n . ---,---- Remodel or Add o o o o JUB'rOl'AL $ s New Construction .3ewer Permit ,,_ ,) i';ater Permit il ;i --.- Well Permit il rOl'AL ~ $ Fire Repair (For Office Use only) Date Paid WARNING CI rY OF SEOnB'..OOJ --- - --- 3UILJI:m iSRI.:!'!' APPLICAi'ION Before digging call local utilities TElEPHONE. ElECTRIC. GAS Eic. 1r.:~'-'IR~n BY LA \A' '!'ro~erty <Jwner: Name_~._~. r'CL:-'~V~D L~~\2-~G"LD Address 24T1S"' ~LEf...J ~_ _________l'elephone:_41L\- V1~3 ]ate 4..- ~. ~,{o Contractor: c..u..~M.~~S .:LJL- -----. .- Ad.dress. ~. f:'i-L...~_:,::> i. (9yL.. k\JQ. Harne - ~l\l.J.:~}'~c_..c~~~i'elePhOne q33.- 2.2-S~ 1. Legal Jescription of Property including Street Address if known: o ZA"ll'S; ~ '\2:0- c;-v~.-6\t.1oafj ~lUW, . --..----- ----- - J Plot Plan: Attach 9~ot plan of lot showing location of any proposed or existing buildings on same ,.ith respect to bound.ary lines. Show on plan present or proposed location of water supply facilities and water and sewer supply piping. Plot plans are to be certified by a surveyor. Disposal of surface water must be sho\'Jl'l. Soil Bearing rest may be required. at foundation level by a minimum of two borings by a Professional Civil ~'ngineer. Names and Addresses of Sub-Contractors or Installers of: 1. Construction 2. Sanitary Se\'ler Connection: 3. liell and Uater Supply System: Construction Information: 1. Sstimated value of work for which pel'U1it is requested, not including value of lot. ~\~\(eQ~~ ~ 2. T7Pe of work to be done: (~dwel1ingt remodel, other.) ~~~ ~\Ht~,~y 3. Attach cOP7 Of working drawings for which const 4. Attach domestic water supply specifications if . ::iignature of Applican'\ 6;;; .-"# ~ ,. ''';''~'>: . .} 9 \ os' -,,'" -l- 'D o ~ ----..""--- 6:-0" 'Bl13\j~ 1 ~u.. ~ I f ~40 ::Po,:,~ I .... AS-o, 20'-0" SaJ;:Lu:,~, aJ L..l~a..J ~ &t.~ Si\S\i .1q ~~Juz: ML~ ~~~1) ~t-:"ELU U-l1 r: ~d~!) ~\-\s~~~ct~tl-,\ .r~a.1~'~,4-14p\1 ,,' Loe lQ'" -\- S~c. ~~~~L'\"~hL k::.).,)(.r:: ~ ,- ,,~ ,- D"t'~ ,...g....6.U...;. Uo . MEMO: DATE: 4-... 14..8" TO: ~Or' i c:.tt (A",,~ I FROM: e,..~ N~.~ ~ WQ4,..- IV\tkJ1\1~~" 'D~\lt-lOf'~f\t ~-"<-~~Lf\t ,...,,"dl b-L "~-.l~t,,,<y"cJ Ot\ 'F I"'~ d4i · bjl\ MEMORANDUM TO: FROM: DATE: RE: FILE NO: . . CITY OF SHOREWOOD MAYOR Robert Rascop COUNCI L Jan Haugen Tad Shaw Kristi Stover Robert Gagne ADMINISTRATOR Doug Uhrhammer 5755 COUNTRY CLUB ROAD . SHOREWOOD. MINNESOTA 55331 . (612) 474-3236 MAYOR AND CITY COUNCIL BRAD NIELSEN 24 Apri I 1986 NEAR MOUNTAIN P.U.D. - DEVELOPMENT AGREEMENT AND REVISED DEVELOPMENT STAGE PLAN 405 (85. 37) In February of this year the City approved a development stage plan for tbe Near Mountain P.U.D. Since then the staff has been working with the developer to prepare a development agreement for the project. The agree- ment is now ready for review by the City Council and will be discussed at the meeting on 28 April. In reviewing the agreement, there are three issues which deserve special attention. First, the developer has revised the development stage plan. While the number of proposed units will remain the same, the number of large lots (Type A) will be increased by seven. The number of smaller lots (Type B) will be reduced by nine. The two units lost will be made up in the southerly townhouse area. The revised development stage plan is attached as Exhibit A. The area proposed to be changed is highlighted on that drawing. The cul-de-sac serving the Type B lots has been shortened and a new cul-de-sac has been introduced to serve the new Type A lots. The second issue to be addressed is the phasing plan. Previously the first phase of the P.U.D. was to have been the two-family units in the northeast corner of the project (Sawatch). The developer now proposes to expand the first phase to include 32 Type A, single-family lots and 25 Type B lots. Final plats for those areas will be submitted in the coming months. Finally, the developer proposes a form of financial security somewhat different from what the City has seen before. The City Attorney will A Rp.<:irlentilll Cnmml1nitv nn LakP. Minnp.tnnkll~<; South Shore 7/-/ . . Re: Near Mountain P.ll.D. 24 April 1986 be prepared to discuss an "agreement providing alternative security for subdivision improvements". According to the City Attorney, the alterrtative security provides the same assurance as a letter of credit. The staff is confident that the plans and the development agreement for the Near Mountain P.ll.D. are now ready for approval by the Council. If there are questions relative to the project which can not be answered at the meeting, approval can be delayed until the 12 May meeting. That meeting, however, promises to be extremely lengthy and it would be de- sirable to complete the Near Mountain project prior to then. If there are any questions prior to the meeting, please do not hesitate to contact my office. BJN/nkb cc: Dan Vogt Glenn Froberg Jim Norton Peter Phlaum - 2 - I_ I '.. .,.... COytfillGTO" ......<< lIlIlOOl NO. 01 UNI1'S PropOMd Setb_. Prapoeed LaI ~ Approved PrapOMd ~ SIde ..... Avg. 1110 nll5 SIngle Fam" CType A) 13 *24 *35' *20'-20' 19.700 SF 31.200 SF 100' mln. wtlth @ Ntb'" 35 3S 10'-10' SIngle F8m" CType B) 50 52 30' 10'-10' 10,100 SF 17,300 SF 75' mln. wtlth @ Mtback TownhOUM (North) 20 39 25' 25' Betwe.. Buldlnga Townhouae (South) 100 123 25' 25' Betwe.. Buldlnga a..d Hom.. 40 I 100 lOG I I ~- , I SCALf", 'IU z CC ...I a. c:: 2 - CJ: II1II J: Q, TOTAL: 273 273 01 c' ol '" * LAKESHORE LOTI fhJH Projected Phasing Approximate Anticipated No. Unit. Commencement Anticipated Completion II III IV 92 1986 23 1986-1987 1988 . ~ -- ! 1988-1989 71 87 1987-1988 1988-1990 I (.) z ~"firIICHeSTER Sf '"' III ::J o U cr; Mol CD r-:- I ! ~ 8 I Mol cr; l: '"' ell III z . c ~I- - ~ I 4q, I ,Je 'C;'" ~ .Y._ CLEAR VIEW CM. ~ . . r--=:- ... c c = I I l I · ~ c C c 3 u a ~ (j ::i .; .to 3 ( . . OUTLOT B """'+ .: ~ MEMO TO: FROM: DATE: SUBJECT: . . CITY OF SHOREWOOD MAYOR Robert Raseop COUNCI L Jan Haugen Tad Shaw Kristi Stover Robert Gagne ADMINISTRATOR Doug Uhrhammer 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 . (612) 474-3236 Mayor and Councilmembers Dan Vogt -Tf..~ April 23, 1986 Amendment to Development Contract - Boulder Bridge Shorewood Oaks Development Agreement Two items appear on your meeting agenda for April 14 which are interrelated. They are: Amendment to Development Contract- Boulder Bridge Farm, Inc. and Shorewood Oaks Development Agreement. The relationship deals with water. City Attorney Froberg has written a report indicating the changes being proposed in the Boulder Bridge Development Contract. His report is attached. If the Council is in- clined to approve the amendment, then the Shorewood Oaks Development Agreement is recommended for approval. Howevyr, if the Boulder Bridge Amendment is not acceptable, the Shorewood Oaks Development Agreement would need to be re- drafted to eliminate municipal water and include another source of water. According to the Shorewood Oaks Developer, this would mean private wells. Staff has had numerous meetings with both Developers to discuss the water issue. The two draft agreements are a result of those meetings. At this point, staff recommends approval of the agreements as presented in the following order: 1. 2. Amendment to Development Contract - Boulder Farm, Inc. Shorewood Oaks Development Agreement Bridge Please contact staff if you have any questions relative to the issues discussed heFein. DJV/nkb cc: Glenn Froberg Jim Norton Brad Nielsen A Residential Community on Lake Minnetonka's South Shore fA 't' . 1986 TO: Dan Vogt FROM: Glenn Froberg RE: Amendment to Development Agreement-Boulder Bridge Farm, Inc. The following is a summary of the terms and conditions which have been changed or modified by the Amendment to the original Development Agreement of Boulder Bridge Farm, dated December 17, 1980. Only paragraph 7 A. (ii) has been modified, and the changed terms and conditi~ns are as follows: 1. The City Engineer has determined that the Boulder Bridge Farm Municipal Water System can serve a total of 700 users, and this figure has been used for the total number of hook-ups that may be permitted after allowing for hook-up of all the lots within Boulder Bridge. 2. A municipal watermain will be installed by the City to connect the Boulder Bridge Farm Municipal Water System to Shorewood Oaks. The entire cost of such construction will be assessed to the property within the plat of Shorewood Oaks. 3. The original Development Agreement provided that any property outside of Boulder Bridge hooking up to the system would pay to the City a sum of $2,000.00, plus interest at the rate of 8% per annum figured from June 23, 1981. These hook-up charges were to be collected by the City and turned back to the Developer to compensate him for the cost of installing the Boulder Bridge well. In the amended Agreement, Shorewood Oaks property owners will be exempted from this charge. All other property owners hooking up to the Boulder Bridge Farm Municipal Water System will have to pay a hook-up charge of $4,000.00. The property owners will receive a credit, however, for any costs incurred by them in order to obtain service to the municipal water system. The maximum amount of credit to be received by any property owner hooking up to the system would be $3,000.00. All such sums collectd by the City will then be turned over to the Developer of Boulder Bridge to compensate him for his original expense in installing the Boulder Bridge Farm well. <Ii . . 4.',~heoriginalAgreement terminated the City's obligation 'toturnover,to,~heDeveloper"thesumscollectedfor . hook-up charges once the Developer had received a total sum equal to the difference between the cost of installing the Boulder Bridge system and $92,000.00, or June 23, 1988, whichever came first. In the amended Agreement the City's obligation to remit hook-up charges to the Developer will cease upon the Developer receiving a total of $158,000.00, plus interest thereon at the rate of 8% per annum (or the reduced balance, as remittances are made to the Developer from time to time) running from June 23, 1981, the date on which installation of the Boulder Bridge well is completed. The cut-off date of the City's obligation to remit hook-up charges to the Developer has been extended from June 23, 1988, to June 23, 1998. 5. An additional paragraph has been added to the Agreement providing that if the Boulder Bridge Municipal Water System is inter-connected with another municipal water system (such as the Badger well). The City will have to remit to the Developer only 50% of the charges received by the City from property owners hooking up to the combined system. 6. The Developer of Boulder Bridge has also asked that the City make it mandatory for property owners adjacent to the municipal watermain to hook up to the system when any new construction has been performed on their property or, in the case of existing buildings, when the present individual wells have to be re-drilled. This, however, would require a change in the Shorewood Water Ordinance and could not be a part of the amended Agreement with the Developer. . . AMENDMENT TO DEVELOPMENT CONTRACT BOULDER BRIDGE FARM, INC. WHEREAS, a Contract was made and entered into on the 17th day of December, 1980, by and between the City of Shorewood, a Minnesota municipal corporation (hereinafter referred to as "City"), and Boulder Bridge Farm, Inc., a Minnesota corporation (hereinafter referred to as "Developer") for the development of certain lands into single family dwelling sites as a "planned unit residential development" and such development included the construction and installation by the Developer of a water system to be called "the municipal water system"; and WHEREAS, the terms of such contract provided that the municipal water system would be owned by the City subject to certain conditions and limitations concerning the City's right to allow and permit other property owners in the City of Shorewood to hook up to said municipal City water system; and WHEREAS, paragraph 7e (ii) of said contract requires thatiany property owner outside the plat hooking up to the system shall pay to the City a sum of $2,000.00 plus interest on said cost from the date of completion of the project at the rate of 8% per annum and thereupon the City agrees to remit said hook-up charge to the Developer so as to allow the Developer to recover a portion of his costs assessed against the plat pursuant to M.S. Ch. 429 et. seq., except that the right of the Developer to receive said hook-up payments and the obligation of the City to remit same shall cease upon the Developer receiving the difference between the cost of the well as determined by the assessments and $92,000.00 (being $2,000.00 times 46, the number of lots in the plat) or upon the passing of seven years from the date of completion of the well; and WHEREAS, the parties hereto desire to modify and amend said conditions and limitations to provide for the construction and installation of a municipal watermain to connect the Boulder Bridge Farm Municipal Water System to the Shorewood Oaks Development. NOW, THEREFORE, in consideration of the mutual covenants and guarantees contained herein, the City and the Developer agree as follows: gg "~; . . .. 1. Paragraph 7e (ii) of that certain Development Contract between the City of Shorewood ("City") and Boulder Bridge Farm, Inc., ("Developer") executed on December 17, 1980, shall be and hereby is amended to read as follows: (ii) The City Engineer has es~imated that the entire system can reasonably seFve up to 700 users. The City shall have the.c ,right to allow and permit other property owners in-the City of Shorewood to hook up to said-municipal water system, so long as the total number of users of the system does not exceed this figure of 700 at all times allowing for the hook up of all lots within the plat of BOulder Bridge Farm. A. Property Owners within the plat of Shorewood Oaks: It is understood and agreed by the parties that a municipal watermain shall be constructed and installed by the City connecting the Shorewood Oaks Development to the Boulder Bridge Farm municipal water system. The entire cost of constructing and installing said municipal watermain shall be assessed against the property within the plat of Shorewood Oaks, and property owners within said plat will pay no hook-up charges to the City for connection to the municipal water system. B. All Other Property Owners: It is further agreed by the parties that an owner of property not within the plats of either Shorewood Oaks or Boulder Bridge Farm may hook up to the municipal water system upon payment to the City of a hook-up charge of $4,000.00. Such property owner shall receive a credit against such sum of $4,000.00 for any trunk or lateral charges which may be incurred by him or assessed against his property, except that such credit shall in no instance exceed the sum of $3,000.00. Upon collection of said sums by the City, the City shall thereupon remit said sums to the Developer so as to allow the Developer to recover a portion of his cost assessed against the plat of Boulder Bridge Farm. The right of the Developer to receive said remittances and the obligation of the City to remit same shall cease on the date of either of the following events, whichever first occurs: -2- <'CJ.... . . .. (1) such date as the Developer has received the principal sum of $158,000.00, together with interest thereon at the rate of 8% per annum, computed on the remaining principal balance.s from time to time. Remittances received from the City shall be creaited first to interest and the remainder'to the reduction Qf principal. Interest-s~all run from June 23, 1~81; or ( 2) June 23, 1998. C. Interconnection with any other Municipal Water System: In the event that the Boulder Bridge Farm Municipal Water System is interconnected with any other municipal water system operated by the City of Shorewood, those property owners that hook up to the combined system after the interconnection, shall pay to the City the same hook-up charge and receive the same credits as set forth in paragraph B above. In such cases, however, only 50% of the net charge received by the City shall be remitted to the Developer. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year first above written. BOULDER BRIDGE FARM, INC. CITY OF SHOREWOOD by: by: Its Its Mayor ATTEST: by: Its City Clerk -3- . . CITY OF SHOREWOOD RESIDENTIAL SUBDIVISION DEVELOPMENT AGREEMENT PLAT OF SHOREWOOD OAKS THIS AGREEMENT, made this day of 1986, by and betweenothe CITY OF SHOREWOOD, a municipal corporation, hereinafter referred to as the "City", and SHOREWOOD OAKS DEVELOPMENT, INC., hereinafter referred to as the "Developer". WHEREAS, the Developer is the fee owner 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 44 acres divided into 73 lots, and to be known as Shorewood Oaks; and f WHEREAS, the City Council by its resolution passed on July 22, 1985, has approved the final plat of said land. NOW, THEREFORE, in consideration of the mutual covenants and guarantees contained herein, 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. Sanitary sewer mains; b. Watermains within the plat; c. Storm sewer and surface water drainage facilities; d. Drainage system for collection of drainage from perimeter drain tile systems of each residential unit; e. Street signs; f. Underground utility lines, including gas, electric and telephone. 2. IMPROVEMENTS INSTALLED BY CITY. Developer has previously submitted to the City Council a petition, as provided for by M.S. 429, for the construction and installation of the following improvements: a. Street grading, stabilizing and bituminous surfacing; Fe . . b. Surmountable concrete curbs and gutters; c. Watermain connecting the Shorewood Oaks Development to the Boulder Bridge Farm Municipal Water System. d. All work required by MNDOT for access between Shorewood Oaks Development and T.H. 7. Upon the City's adopting a resol~tion determining the sufficiency of such petition, the City shall,proceed to design, construct and install such improvements and t~assess the entire cost of said imprOvements. (the project) against the Subject Property. Assessment will be over a period of time coinciding with the payback of the bonds sold to construct the project. The assessment shall bear interest at the rate of one and one-half percent (1 1/2%) per annum above the interest rate shown on the bonds. The total cost of said project shall be the actual construction cost plus indirect costs for administrative, legal, engineering, and bonding expenses. Developer herewith agrees and waives all hearings and objections, statutory or otherwise, and consents to said assessments being placed on the property. It is understood and agreed that property owners within the plat of Shorewood Oaks will pay no hook-up charges to the City for connection to the municipal water system. Developer, its heirs, successors, and assigns, shall not (except upon written approval of City) transfer any property or portion thereof that is the subject of the Agreement before the entire improvement cost is assessed against the property without payment of a sum equivalent to the amount to be assessed, under and pursuant to this Agreement. If any such transfer is made before the special assessments have been levied, Developer shall pay City the sum of cash equal to the amount estimated by the City Engineer for the special assessment for the property to be transferred. Such estimated amounts shall be the same amounts used for the actual assessments to be subsequently levied against the property. If, upon final completion of construction and installation of improvements, it appears a substantial difference between the original amounts assessed and the amounts necessary to pay the actual cost of the improvements, such difference will be applied as an adjusted assessment to the remaining property owned by the Developer. 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 within 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 -2- . . 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~hin the development property. 3. 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 the supervision of the City Engineer. 4. 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 material, and rejected labor shall,be done anew to the satisfaction and approval of the City at the cost and expense of Developer. 5. 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. Such written schedule shall include a bar chart showing the status of construction of all public improvements. 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 November 30, 1986. 6. SANITARY SEWER, WATER, STORM SEWER, AND SURFACE WATER DRAINAGE FACILITIES. a. Plans and Specifications. The Developer agrees to cause its engineers to prepare all plans and specifications necessary for the installation of sanitary sewer, water, storm sewer, surface water drainage facilities, and drainage system for collection of drainage from perimeter drain tile system of each residential unit in said plat. Such plans and specifications shall be subject to the final approval of the City Engineer. -3- . . b. As-Built Plan. Upon completion of construction, Developer shall cause its engineers to prepare and file with the City "As-Built" plans 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 presentr~ 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 water facilities within the plat, and thereafter promptly assign said easements to the City. The City shall acquire all easements necessary to the installation of the watermain connecting the Shorewood Oaks development to the Boulder Bridge Farm municipal water system and charge the cost of obtaining such easements back to the Developer. 7. 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 this Agreement and the performance thereof by the Developer. Such reimbursement shall be made within thirty (30) days of the date of mailipg of the City's notice of costs to the address set forth in Paragraph 32 below. 8. 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 whomsoever, for any debt, claim, demand, damages, actions or causes of action of any kind or character arising out of or by reason of the execution of this Agreement or the performance and completion of the work and improvements hereunder; and that the Developer will save the City, the City Council, and the agents and employees of the City harmless from any and all claims, damages, demands, actions or causes of action arising therefrom and the costs, disbursements, and expenses of defending the same. 9. CLAIMS FOR WORK DONE BY DEVELOPER. The Developer shall do no work and furnish no material for which reimbursement is expected from the City unless a written order for such work or materials approved by the City Engineer is received from the City. Any such work or materials which may be done or furnished by the Developer without such written order first being given shall be at its own risk, cost and expense, and the Developer hereby agrees that without such written order, Developer will make no claim for compensation for work or materials so done or furnished. -4- . . 10. PERFORMANCE GUARANTY. 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 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 set forth in the contract between the Developer and his contractor. Covered by letter of credit shall be the charges incurred by the City for legal, planning, engineering services, inspection, supervision and administration. 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 to the extent of the cost of those improvements which have been completed by the Developer prior to the filing of the plat, provided that Developer furnishes satisfactory evidence to the City that all contractors and materialmen that have provided work or materials for those improvements have been paid in full. 11. 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. 12. EXTENSION OF STO~l SEWER SYSTEM. Developer shall extend the storm sewer system westerly from its point of termination at the west boundary of plat across Strawberry Lane through the City right-of-way and there terminating. City shall reimburse Developer for the cost of such extension at the same unit price basis as is set forth in the contract between the Developer and his contractor. 13. ACCESS. Developer shall provide reasonable access, including temporary grading and graveling, to all occupied residences under construction in the plat until the streets are accepted by the City. 14. FINAL INSPECTION. Upon completion of all the work required, the City Engineer, the contractor, and the Developer's engineer will make a final inspection of the work. Before final payment is made to the contractor by the Developer, the City Engineer shall be satisfied that all work is satisfactorily completed in accordance -5- . . with the approved plans and specifications; and the Developer's engineer shall submit a written statement attesting to same. 15. 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. 16. 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 Developers, their contractors and subcontractors from claims arising under the workers' compensation laws of the State of Minnesota. j 17. CONVEYANCE OF IMPROVEMENTS. Upon completion of the installation by Developer of the improvements set forth in Paragraph 1 above in accordance with the plans and specifications hereunder and the written approval by the City, the Developer shall convey said improvements to the City free of all liens and encumbrances and with warranty of title. 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. 18. OCCUPANCY PERMITS. The occupancy of any 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 and water lines shall have been installed and are available to serve the lot for which the building permit shall have been issued. 19. REMEDIES UPON DEFAULT. a. Assessments. In the event the Developer shall default ln 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, -6- . . the City, if it so elects, may cause any of the improvements described in Paragraph 1 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 M.S. 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 M.S. Chapter 429 notice requirements to the Developer 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. 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 construction of the improvements described in Paragraph 1 and Paragraph 14 above; and (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. -7- . . 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 73 lots, additional swns may be assessed against the property as equalization charges pursuant to Shorewood Ordinance No. 80. Developer agrees to accept and pay all such charges to the City in accordance with Shorewood Ordinance No. 80, together with all previous assessments against the property, provided full credit is given to the Developer for all prior payments made by the Developer or its predecessor on account of said assessments. A schedule of such charges is set forth in Exhibit B, attached hereto and made a part hereof. 21. MNDOT STREET ACCESS CONDITIONS. The Developer shall incorporate into the plat to be filed all of the conditions for residential street access on T.H. 7 set forth by the Minnesota Department of Transportation in their letter of March 8, 1984, addressed to Howard Dahlgren & Associates, Inc. 22. 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. 23. PARK FUND PAYMENT. Developer shall, at the time that final plat is approved, make a cash payment to the City in the sum of $500.00 per lot for the Park Fund. 24. PROOF OF TITLE. The Developer shall furnish the City with evidence satisfactory to the City that it holds title to the Subject Property in fee simple. 25. 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. 26. VACATION AND TRANSFER OF LAND AT SOUTH EDGE OF DEVELOPMENT. Upon execution of this Agreement by Developer, the City shall -8- . . commence proceedings to vacate any easements it may own and to transfer title to the Developer by quit-claim deed to the following described land: That part of Auditor~s Subdivision No. 133, Hennepin County, Minnesota lying southerly of the south lines of Lots 98 and 106, said Auditor's Subdivision No. 133; lying westerly of the northwesterly right of way line of Trunk Highway No.7, as described in Document No. 3439216, Book of Deeds 2414, Page 293, and easterly of the southerly extension of the west line of said Lot 106. 27. DURATION OF AGREEMENT. This Agreement shall remain in effect until such time as the Developer shall have fully performed all of its duties and obligations under this Agreement. 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. 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 corr~unications 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 -9- . . To the Developer: Shorewood Oaks Development, Inc. 6100 Auto Club Road Suite 314 Bloomington, MN 55438 and Grannis, Campbell, Farrell & Knutson Box 57 Northwestern National Bank Bldg. South St. Paul, MN 55075 Attn: Thomas Campbell, Esq. 33. 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. IN WITNESS WHEREOF, the parties hereto have caused these presents 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 -10- . . STATE OF MINNESOTA ss COUNTY OF HENNEPIN On this day of , 1986, before me,. a Notary Public wit;hin 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 STATE OF MINNESOTA ss COUNTY OF HENNEPIN On this day of , 1986, before me, within and for said County personally appeared and to me personally known, who, being each by me duly sworn did say that they are respectively the and of the corporation named in the foregoing instrument, and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors and acknowledged said instrument to be the free act and deed of said corporation. Notary Public -11- . . . EXHIBIT B SHOREWOOD OAKS ORIGINAL ASSESSMENTS: PIN 43 0005-6 1 C unit @ 1900 1 B unit @ 1800 1 A unit @ 1700 . Square Footage 961,462 @ 1 cent/sq. ft. PIN 44000 1 C unit @ 1900 Square Footage 990,994 @ 1 cent/sq. ft. Tota1 Original Assessments: 4 units EQUALIZATION CHARGE: For 73 lots of 22,000 sq. ft. each Less credits Net Basic Charge $350.00 per unit X interest rate of 7%/year X No. of years 14 = Total Interest $343.00 $693 69 Charge s ~ '1 r_>~ J lfI ( 9 7 j Basic Charge plus Interest X Number of Units = Total Equalization -13- = 73 B units 4 69 B units $ 1,900.00 1,800.00 1,700.00 $ 5,400.00 9,615.00 1,900.00 9,910.00 $26,825.00 Paid $47,817.00 . . '- t:"1pt- i I ::3, 1986 Village of" Shorewood ShoreNood, Minnesota 55331 DE r Council Member, Barbara J. and Leslie W. Nelson, 20820 Radisson Inn Road, are requesting the ~ouncil to issue a building permit for the constructIon of an entry/sunroom combination and the replacement of a ~eck. The basis for this request will br delIneated in the f r 1 m'J i n 9 p ,,:.r a g r e;\ phs; . We own tw~ adiacent lots with our house on one lot and 00r garage on the other- lot. As part of the Tingewood ':::;':".'\/\::1 D;:irftF'i"'"L. ~'JP <J.C:j!-E'E~C! to "SqUZH--(?::-'u.p" the ]. ot ir~i t.h OUt- garage and which bordered the Tingewooddevelopment. The lot was of very Irregular shape. We gave to Tingewood a triangular p~ece of land and received equal square footage bordering the northerly border of our lot. When this land swap occurred, our two lots were broken apart and assigned two tax numbers. The village now says that our house is to close to the lot line and is a non-conforming structure. Consequently, a building permit cannot be issued for the replacement deck and entryl ~;Lw,room. We dismantled the old deck last October for safety reasons. Since then we have been waiting for the processes surrounding Tingewood to work which would provide clear ti.tle to our- lot. This ~'JOLlld enable us to pt-oceed tt-,rough normal channels for- the ';:~quired building permit. However, the Tingewood affair ke JS dragging on and on. This request is not a~king for any long-term variances. When the Tingewood matter- is settled and we again have clear tItle to our lot with the garage, both lots will be combined back under- one tax number. At that point in time we will be fully compliant with ail regulations of the Village. :loJe request your cansi der at i on of th is mat ter~~ ~Si ncer-el y, .~r~ (:fA /' . . CITY OF SHOREWOOD MAYOR Robert Rascop COUNCIL Jan Haugen Tad Shaw Kristi Stover Robert Gagne ADMINISTRATOR Doug Uhrhammer 5755 COUNTRY CLUB ROAD . SHOREWOOD. MINNESOTA 55331 . (612) 474-3236 MEMO TO: FROM: DATE: SUBJECT: Mayor and C.tf.o ncilmembers Dan Vogt J;-fn April 22, I986 LAWCON/LCMR Grant Application You may recall that in 1985, the City applied for two (2) LAWCON/LCMR Park Grants. One grant was to be used for vari- ous site improvements to Freeman Park, and the other grant to be used for athletic field construction also at Freeman Park. As you know, the grants were not approved. The Park Commission again discussed the grant applications at their meeting of April 7, 1986. It is their recommendation to apply for LAWCON/LCMR Grants similar to the applications made in 1985. Part of the application process calls for the project to be identified in the applicant's 5-year Capital Improvement Pro- gram (CIP). The Park Commission has therefore recommended changes to the CIP to concur with the requirement and recom- mends Council approval of the newly updated CIP. Changes to the CIP move the grant application amounts into the year 1987 and move various other amounts one year forward to re- flect current park plans. I have attached a copy of the recommended CIP along with a sample resolution adopting same. Along with the Park Commission, I would also recommend adop- tion of the 5-year CIP as presented and that the City Admin- istrator be directed to apply for the LAWCON/LCMR Grants similar to the 1985 proposals as recommended by the Park Commission. The Park Commission understands that chances may not be good for funding of the grants due to competition and fund avail- ability. Nevertheless, they still want to make the attempt. ;~ A Residential Community on Lake Minnetonka's South Shore /;? ;} FUNDING SOURCES KEY PF .. Park Fund G .. Grants C .. Contributions CITY OF SHOREWOOD PARKS AND RECREATION CAPITAL IMPROVEMENTS PROGRAM PROJECT TITLE 1990 PROJECT COST 1986 1987 1988 1989 CATHCART PARK Hockey Rink Replacement HAMOR PARK Finish work on field CATHCART PARK Well Building _CART, MANOR, FREEMAN, BADGER SILVERWOOD PARKS cnic facilities Acquisition or Replacement CATHCAl\T, MANOR, FREEMAN, BADGER AND SILVERWOOD PARKS Landscaping and Reforestation FREEMAN PARK Trails, Road, Parking, Signs, Site Improvement and Landscaping FREEMAN PARK 2 Softball Fields BADGER PARK Hockey Rink Replacement MANOR PARK Warming House/Picnic Pavilion MANOR PARK Parking Lot-Gravel MANOR PARK _11-RepIace EMANPARK Playground Equipment FREEMAN PARK Family Area, Skating Area, and Soccer Field SILVERWOOD PARK Improvements FREEMAN PARK Special Land Acquisition i.e. Expand P.ssive Nature Trail ,~..... $ 5,000 2,000 2,300 25,000 25,000 100,000 25,000 5,000 500 8,000 10,000 50,000 75,000 10,000 2,000 (PF) 2,300 (PF) 5,000 (PF)(C) 5,000 (PF)(C) 500 (PF) 5,000 (PF)(C) 5,000 (PF)(C) 100, 000 (PF)( G l( C ) 25,000 (PF)(G)(C) 8,000 (PF)(G)(C) 10,000 (PF)(G)(C) 10,000 (PF)(G)(C) 5,000 (PF )(C) 5,000 (PF)(C) 10,000 (PF)(G)(C) 5,000 (PF)(G)(C) 5,000 (PF)(C) 5,000 (pF)(C) 20,000 (PF)(G)(C) 30,000 (PF)(G)(C) 10,000 (PF)(G)(C) $ 5,000 5,000 (PF)(C) 5,000 (PF)(C) 5,000 ~ \. 10,000 (PF)(G)(C) 40,000 (PF)(G)(C) ~.. . .....,~...'PN.~~ . . RESOLUTION NO. RESOLUTION ADOPTING FIVE-YEAR AND RECREATION CAPITAL IMPROVEMENTS PROGRAM - 1986 through 1990 WHEREAS, a Parks and Recreation Capital Improvements Plan was adopted as part of report No. 7 of the Shorewood Comprehensive Plan, dated June 1980; and WHEREAS, SAID Comprehensive Plan, in its entirety, was adopted by Shorewood Resolution No. 89-84 on December 10, 1984; and WHEREAS, said Parks and Recreation Capital Improvements Plan is in need of its yearly update; and WHEREAS, the Shorewood City Administrator and Park Commission formulated and recommended approval of said updated Parks and Recreation Capital Improvements Plan~ NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. That the Parks and Recreation Capital Improvements Plan encompassing years 1986 through 1990 as recom- mended by the City Administrator and Park Commission is hereby adopted. 2. That the Parks and Recreation Capital Improvement~ Plan as contained in report No. 7 of the Shorewood Comprehensive Plan is hereby amended. 3. That said amended Parks and Recreation Capital Im- provements Plan be forwarded to the Metropolitan Council for review. Adopted by the City Council of the City of Shorewood this day of , 1986. Sanpra Kennelly, City Clerk \.. MEMO TO: FROM: DATE: , SUBJECT: . . CITY OF SHOREWOOD MAYOR Robert Rascop COUNCI L Jan Haugen Tad Shaw Kristi Stover Robert Gagne ADMINISTRATOR Doug Uhrhammer 5755 COUNTRY CLUB ROAD . SHOREWOOD. MINNESOTA 55331 · (612) 474-3236 Mayor and Councilmembers Dan Vogt ~ April 22, 1986 Request to Reduce Letter of Credit United Mortgage Corp./Covington Vine Ridge Per Paragraph 11 of the Development Agreement dated Febru- ary 10, 1986, between the City of Shorewood and United Mortgage Corporation for a development called Covington Vine Ridge, the developer has requested a reduction in the amount of the letter of credit we currently hold for the improve- ments in the development. The letter of credit is currently in the amount of $828,000. The developer has submitted doc- umentation to support a request to reduce the amount of the letter of credit by $217,000 to a new amount of $611,000. The City Attorney and City Engineer have reviewed the docuT mentation and find the request acceptable since work in the amount of $217,000 has been completed and paid for. In fact, lein waivers for the amount of reduction have been received. For your review, I have attached the supporting documenta- tion received by the City for this request. Based upon the information received and reviewed by staff, and, per paragraph 11 of the Development Agreement noted above, it is the recommendation of staff to adopt the attached draft resolution reducing the letter of credit provided by United Mortgage Corporation in the amount of $217,000 to a new amount of $611,000. If this is your determination, I will then send a copy of this resolution to Midwest Federal for the reduction. -, A Residential Community on Lake Minnetonka's South Shore /:2~ . . RESOLUTION NO. WHEREAS, the City of Shorewood (the City) has entered into:a Development Agreement dated ~EB. )aJ1~with United Mortgage Corporation (the Developer) for the development of Covington Vine Ridge; and WHEREAS, Paragraph 11 of such Agreement provides for a performance guaranty in the form of an irrevocable letter of credit approved by the City in an amount equal to 150% of the total cost of the improvements; and WHEREAS, Developer has obtained such a letter of credit from Midwest Federal in the sum of $828,000.00, which letter is dated September 20, 1985, and entitled Irrevocable Letter of Credit No. 1033; and WHEREAS, the City has accepted certain site grading work completed by the developer involving payments to the contractor in the sum of $2i 7, 000 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood, Minnesota, that: 1. The letter of credit required by Paragraph 11 of the Development Agreement may be reduced by the sum of $2/1, ODC'J 2. The City Administrator is hereby instructed to inform Midwest Federal that Irrevocable Letter of Credit No. 1033 may be reduced' to the sum of $ G:, J I, oc.() Adopted by the City Council of the City of Shorewood, Minnesota, this day of , 1986. Mayor ATTEST: City Clerk . McCOMBS-KNUTSOr+'ASSOCfATES, INC. CONSULTING ENGINEERS. LAND SURVEYORS . PLANNERS Apri~: 9, 1986 IPrn APR f 0 1988 Reply To: 12800 Industrial Park Boulevard Plymouth, Minnesota 55441 (6121 559.3700 Mr. Daniel Vogt City of Shorewood 5755 Country Club Road Shorewood, Minnesota 55331 SUBJECT: United Mortgage Corp. Covington Vine Ridge #7577 Dear Mr. Vogt: Last week we discussed the reduction of the letter of credit United Mortgage Corp. has filed with the City for the subject project. You indicated that the majority of the site grading work to date could be subtracted, whereas the full utilities amount will be retained until testing has been completed. Enclosed, please find a letter from Enebak Construction Company stating payments of $217,000 for work completed for grading and also a lien waiver for the same amount. If you have any questions or need additional information, please call. Sincerely, McCOMBS-KNUTSON ASSOC~ATES, Inc. [b 11..;:;.( h #<\..t-J Daniel M. Parks Project Engineer DMP:djk Enclosures cc: Ron .-elmer, United Mortgage Corp. Peter Molinaro, Enebak Construction Co. . . :f..IltUl15'lftICftllltUl'JPlnY"~<\"'~~ P.O. Box 458 . Northfleld, Minnesota 55057 . 507-645-8962 612-333-1307 April 7, 1986 Mr. Dan Parks McCombs-Knutson, Inc. Plymouth Creekview Office Building 12800 Industrial Park Blvd. Plymouth, Mn 55441 Regarding: Covington Vine Ridge Shorewood, Mn Dear Dan: As per our conversation Monday, April 7, 1986, concerning the grading , of Covington Vine Ridge. As of this date we have received payments totaling $217,000.00, for site grading. The original contract was $247,000.00 of which $30,000.00 of work remains. This remaining work will be completed in June 1986. Attached please find a copy of our 1ein waiver. Sincerely, )/1' _/~-~);U . ,,' I --'_. Peter J. Molinaro, P.E. Estimator -; "An Equal Opportunity Employer" ./ . . MUI-RECKIPT AND WAlVBR 0' MBCHANIca- LlaN O..ALO .-V.LleN'" co.. Haw "'"... M'... County ~~:~~-~::::~:~:_..J... The Undersitned acknowledtes havinl received payment of ~~!!~~~E~~...~~.Y.~E:~~.~~...~~.~~.<:':~~...~E:~. .E:<?!.!~Q_::=::.::::.::::.:::=::.............DO LL.A. RS (1.?~.?1.~Q.Q.~9.Q) Partial I ro m._~.~~.~.~.. ~~<?E. ~~.<:':~~.... ._...... .._.... ............. _...__.........._ _.... ............_................_........ .."'." ...-.., in ~ pay men t 01 all ~ ~.~_~. _ .~!' a~.~~_~. _.... _...... _.__ __..... ._____ __ _....... .._..... _.. _. _ ..... _.. ...... _.._ _........_.____.... ........_ _ ._...._ _........ _. m.' _. ...... __............. ___.... ___... ..,. ...... by the undersitned delivered orlumis!!ed to (or performed at) J;.Q.v:1DgtQ.n..Y.1n~__Ri.dge......Sb.o.re.wQQ.d. Hn ..---........-.......-----.....--....---........--...--..-----....................-...........---.......---.......---..............................................-.----..............-............... .....--.... -.--.--.-------..........--.-................-...---.--....-.......-.--.....-....-...-------...-......-.............................-.................................-................................ ............-.. -..-...---.-......... and lor value received hereby It;aives all rithts ll'hich may have been acquired by the under,,;gncd to file mechanic's lien a~ainst said premises [or lubor, skill or material furnished to said premises prior to the date hereol. Dated, ._ __ .Q.~~~_II11?~.~_JJ.___.____ _._........__... 19__fi~._ ..~~9.~~. .~!:.~E_.... c.~.~9.~__~.?~P.~~X._.:I._).._ ----.--......--. By..... . ..~..L,;):i/~... .~~f..~~.t:.~~y.':J'J::~9.~~~.f}:(/........ .Address ..X~~.~...~_?~...~~.~-'...~<?E.~~.~_!~.~~-L~................ ........... on..... .._. u..... .......... ?.~.Q ?.?......... ~. B.-It i. important that the ro\1owing rlirectiona be clooely followed oa ot:lerwis. the receipt wi\1 not be accepted: 1. This i. a Legal Instrument and must be osecuted aceordincly by office.. of corporation and by partne.. in co-partne..hip. 2. It is import3nt th3t all blanks be compleled and that tbe3mounl paid be sho,,",. 3. If payment i. not in full to dale. so state; show unpaid balance and strike out loat parall:rapb. .. A receipt simil:>r to this or legal waiver of lien rillhta wi\1 be required for all plumbinc, heatin. and ploateritlll mal~rial. elc. 5. No eraaurea or alterations must be made. 8. PLUMBING, HEATING AND PLASTERING CONTRACTORS MUST SIGN STATEMENT ON REVERSE SIDE HEREOF. j j ..~---- e . ~-e .,. 1-' MIDWEST FEDEAAL 4~a till . 801 NICOLLET MALL. MINNEAPOLIS. MINN. 55402 ~ S"l~~ IRREVOCABLE LETTER OF CREDIT NO. 1033 TO: City Clerk City of Shorewood Shorewood, Minnesota DATE: Septent>er 20, 1985 RE: Development Contract - Covington Vine Ridge We hereby establish our non-transferable Irrevocable Domestic Letter of Credit 11033 in your favor for the account of United Mortgage Corporation, 8300 Norman Center Drive, Suite 1000, Bloomington, Minnesota 55437, and authorize you (and any collecti~g bank acting on your behalf) to draw on Midwest Federal Savings and Loan Association of Minneapolis, 801 Nicollet Mall, Minneapolis, Minnesota 55402, a draft at sight for a sum not to exceed a total of $828,000.00 (Eight hundred twenty eight thousand and no/lOO) accorrpanied by: Your statement signed by both the City Clerk and City Engineer certifying that United Mortgage Corporation has not completed the required sanitary sewer, watermain, storm sewer, streets, and site grading irrprovements, in accordance , with the plans and specifications approved by the City' Engineer and in accordance with the terms and conditions of that cert~in development contract between United Mortgage Corporation and the City of Shorewood concerning the Covington Vine Ridge project. All drafts hereunder must be marked "Drawn under Midwest Federal Savings and Loan Association of Minneapolis Letter of Credit No. '1033, Septenber 20, 1985, for United Mortgage Corporation". '!he amount of the draft negotiated, with the date of negotiation, must be endorsed by you on the reverse of this Letter of Credit and the draft presented to us shall constitute a warranty that such endorsement was affected. This Letter of Credit must be attached to the draft when the draft is presented. ~..;---- We hereby agree with you to duly honor drafts drawn ~ negotiated in canpliance with ~ terms of this Letter of Credit upon presentation and deliv4!try of documents, as specified, "to Midwest Federal Savings and Loan Association of Minneapolis, SOl Nicollet Mall, Minneapolis, Minnesota 55402, if drawn and negotiated or if drawn and presented at this office on or before Septent>er JO, 1986, the expiration date hereof. .'F., oM. ( ., ~i "y .t,;Ji .!iE}" !: ...,~..., ~ ~ - o~ 0 ~ c CV ~ ~ 'tl cvcvi ..:l 0" ~u lI] ~.... ~oo CV CV~ ~ ~ .,JUJ: 0.. IGU 1-4 .~ ~ .... ~r CV U :5 ~ i!i g ." r-~ > c~.~ > CV ~ 2 ~lI] . .... ~ ' ~ CV IG ." 1-4 ~ R B ;EE , .c CV IS.. .. ~ Oll] )t; ~c fJ .... ~al-4 IS..~& ~ c'(.: ',~ .... .. ~~:B '" > - , ", e e 5 1-42 " ", ~ ~.~ 0 0.0.... .... ""lI] .... .... ~ ~ . ~5t i :s a;. f:= cvcv ~ ~ ~:5 ~ >C 0\ cv ..... B-i ~ 81 10 C ....~~o I~N ~ ~....~ . ~cv cv .n i ~ ....0' :5 -S lj .... IU i~7 o 10 .... I.~ ~~ 11 ~cv C U 4J4J~~ &}.... ~ i4J~ .u~.~ fa" &1u U i . .fe, MATTHIAS. ROEBKE Be MAISER CERTIFIED PUBLIC ACCOUNTANTS 540 EAST FIRST P. O. BOX 65 WACONIA. MINNESOTA 55387 ARf:A CODE 61 2 LOCAL 442-4408 METRO 446-1 192 ALAN W. MATTHIAS JOHN M. ROEBKE JAMES J. MAISER DUANE A. EBERT DEAN R. DALEN TAMMY J. GRAFFT NORWOOD OFFICE CITIZENS STATE BANK BLDG. April 22, 1986 CHASKA OFFICE HAZELTINE GATES BLDG. The Honorable Mayor and Honorable City Council City of Shorewood Shorewood, Minnesota 55331 We have examined the combined financial statements of the City of Shorewood for the year ended December 31, 1985 and have issued our report thereon da ted Apri 1 4, 1986. In conjunction with such examination, we reviewed and tested the City's system of internal control to the extent we considered necessary to evaluate the system as required by generally accepted auditing standards. Under these standards, the purpose of such evaluation is to estab1issh a basis for reliance thereon in determining the nature, timing and extent of other auditing procedures that are necessary for expressing an opinion on the consolidated financial statements, and to assist in planning and performing our examination of the financial statements. Our study and evaluation disclosed the following suggestions that we believe should be considered for corrective action by the City where practicable. In addition, in connection with our examination, we observed certain other business conditions we believe should be brought to your attention. Following are our comments on these matters. GENERAL COMMENTS AND RECOMMENDATIONS FUND ANALYSIS GENERAL In order to maintain the financial integrity of the Genea1 Fund, we recommend that the Fund Balance should equal between four and five months of expenditures, or between $422,000 and $527,000. Your current fund balance is approximately $250,000. It is necessary to maintain the fund balance at this 1eve 1 to cover uncontro 11 ab 1 e shortfa 11 sin revenues, 1 arge and unusua 1 expenses and to cover cash flow problems. " City of Shorewood -2- April 22. 1986 Revenue and Expense Analysis: Budget Ac tua 1 Difference Revenues - Tota 1 $1.370.830 $1.438.991 Less: Building Permi ts 35.000 55.356 Zoning 3.000 16.103 ---------- ---------- Adjusted Total $1.332.830 $1.367.532 $34.702 ---------- ---------- ------- Expenses - Totals $1.370.830 $1.266.606 Less: Counci 1 Contingency 99.644 Planning and Zoning 10.000 Tree Removal 5.000 ---------- ---------- $1.256.186 $1.266.606 ($10.420) ---------- ---------- ------- After adjusting your budget for uncontrollable revenues and certain expenditures. you end the year with revenues over estimates and expenditures over estimates. In the budgeting process the goa 1 is to be conservati ve in estimating revenues so that revenues are not underestimated. With this in mind. your revenue forecasts were ok. ~~~ The goal in budgeting expenditures is to estimate expenditures based on past experience and future goa 1 s and circumstances. After the budget has been established. it is important to stay within the budget guidelines. Below is a list of departments that were under budget by more than $5.000. If these departments had used their entire budget or if the intention is to carryover a portion of these budgets to 1986. then you would have had serious budget problems. Professional Services Planning. Zoning Municipal Buildings Public Works Service Garage $11.414 7.009 5.847 19.758 6.469 $50.497 ------- ------- WATER FUND Following is a summary of current assets. liabilities and revenues for the water fund. Depreciation has been excluded for this SUnlllary. .., City of Shorewood -3- April 22, 1986 WATER FUND (Continued) 1985 1984 Current Assets $14,143 ($23,740) Current Liabilities , 13,181 10,333 ------- ------- Net (Working Capital) $ 962 ($34,073) ------- ------- ------- ------- $35,035 ------- ------- Operating Revenues $33,790 Total Income $56,771 Operating Expenditures (Less Depreciation) $53,151 Less: Other ------- Expenditures $11,736 Net Operating (Loss) ($19,361) ------- Less:Bond Payment $10,000 OTHER INCOME Taxes Miscellaneous Transfer $40,625 6,065 29,442 $76,132 Net Source of Funds $35,035 ------- ------- Working capital has increased from a deficit of $34,073 to a positive of $962. Thi s is a good trend that needs to be ma i nta i ned. Compari ng the expenses to run the water system to revenues from water users, there is almost a $20,000 deficit. When possible, operating revenues should be sufficient to cover opera ti ng expenses. We recommend along term goa 1 of setti ng a da te when water revenues will equal expenditures, and then develop a plan of action that will help the city obtain this goal. SEWER FUND There have been operating losses in the sewer fund of $38,429 and $14,999 for 1984 and 1985. As wi th the wa ter fund we hi gh 1 y recommend that you end the year with an operating profit. The sewer fund has an excellent balance sheet, however, a couple years of unusual repairs and maintenance expenses could seriously affect thi~balance sheet. UTILITY BILLING SYSTEM The City is responsible for establishing and maintaining a system of internal accounting controls. Part of the purpose of a system of internal controls is to provide assurance that transactions are executed and properly recorded in accorance with established procedures. This system of controls has not been established for the utility biling system on your computer. Currently the data keyed into your computer and the data accepted by the cpmputer is not verified. An audit trail is not maintained that if errors are made in keying or by the computer the errors would not be found. Your utility billing program has the edit listing and control reports available to set up this system of internal control. City of Shorewood -4- April 22, 1986 In addition to verifying the billing information is correct on the computer, a system needs to be established that all new homes are added to the master fi 1 e when they come on 1 i ne and that a 11 other changes to the mas ter file as result of sales, moves, etc., are traced through the system. We have enjoyed working for the City and look forward to working with you and your staff in the future. If you have additional questions or concerns, I will be happy to discuss them with you at your convenience. Respectfully subitted, ?c;;?;7~~ Jim Maiser JM/l g