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081186 CC Reg AgP CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, AUGUST 11, 1986 COUNCIL CHAMBERS 5755 COUNTRY CLUB RD 7:30 P.M. AGE N D A CALL TO ORDER A. Pledge of Allegiance B. Roll Call Haugen Shaw Stover. Gagne Mayor Rascop /~ ./ \ J v' ~ 1. APPROVAL OF MINUTES A. Regular Council Minutes - July 28, 1986 (Att. #1 - Minutes) 2. MATTERS FROM THE FLOOR A. B. 3. CONSENT AGENDA Moved Seconded Vote Relationship Policy S~v) ~<t;~ (Att. #3 - Memo) Accept Employee 4. PLANNING COMMISSION REPORTS A. B. 5. PARK COMMISSION REPORTS A. B. 6. 8:00 P.M. PUBLIC MEETING: DISCUSSION OF DRAFT GARBAGE ORDINANCE (Att~,#6 - Draft Ordinance and Memo) 7. SETBACK XARIANCE Applicant: Location: Michael McDonald 4695 Lagoon Drive (Att. #7 - Staff Report) .. AGENDA REGULAR COUNCIL MEETING MONDAYt AUGUST 11, 1986 8. SIMPLE SUBDIVISION AND LOT AREA VARIANCE Applicant: Location: Cyril Kerber 4800 Rustic Way (Att. #8 - Staff Report and Letter) 9. SIGN PERMIT Applicant: Arnold's Restaurant Location: 19335 State Highway 7 10. REQUEST TO REMOVE BUILDING (Att. #9 - Memo) Applicant: Location: Kenneth Ernst 5470 Covington Road (Att. #10 - Staff Report and Letter of Request) 11. DRAFT AGREEMENT - SOUTH LAKE MINNETONKA PUBLIC SAFETY DEPARTMENT (Att. #11 - Draft Agreement and Memo) 12. ATTORNEY'S REPORT A. Nephew Lawsuit Status B. Naegele Lawsuit Status C. Eureka Road Drainage Easements Status Report D. 13. ENGINEER'S REPORT A. Recommendation of Sealcoating Bids B. Status Report of S.E. Area Water Tower Site C.~~ 14. PLANNER'S REPORT A. 15. ADMINISTRATIVE REPORT A. Assessor's Contract (Att. # 15 - Assessor Letter and Memo) B. - 2 - CITY OF REGULAR MONDAY, SHOREWOO.1 COUNCIL MEETING JULY 28, 1986 .. r.NCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 PM . M I NUT E S CALL TO ORDER The regular meeting of the Shorewood City Council was called to order at 7:30 PM, July 28, 1986 in the Council Chambers, by Mayor Rascop. PLEDGE OF ALLEGIANCE AND PRAYER Mayor Rascop opened the Council Meeting with the Pledge of Alle- giance and a Prayer. ROLL CALL Present: Mayor Rascop, Councilmember Haugen, Shaw, Stover and Gagne. Staff: Attorney Forberg, Engineer Norton, Administrator Vogt, Planner Nielsen and Clerk Kennelly. APPROVAL OF MINUTES Gagne moved, seconded by Stover, to approve the minutes of the Regular Council Meeting of July 14, 1986 as written. Motion carried - 5 ayes. 7: 30 PM BID OPENING BOND SALE - S.E. AREA TRUNK WATER SUPPLY RESOLUTION NO. 86-86 Donald Ritt of Springsted presented six bids received today for the $985,000 General Obligation Improvement Bond. He then recom- mended the Council to accept the bid from Norwest Investment Services, Inc. at a net interest rate of 7.5842%. Gagne moved, seconded by Haugen, to grant the bid to Norwest Investment Services, -Inc. Resolution adopted by Roll Call Vote - 5 ayes. MATTERS FROM THE FLOOR APPROVAL OF SLALOM COURSE Steve Bruce of 6030 Ridge Road has requested approval from the Council to operate a Water Ski Slalom Course in Christmas Lake for his private use. He needs approval from the City and three neighbors in order to obtain the necessary permit from the DNR. Shaw moved, seconded by Gagne, to grant approval of his request. Motion carried - 5 ayes. -1- I CITY COUNCIL ~ MONDAY, JULY 28, 1986 page two . PARK COMMISSION REPORT Commissioner Vogel reported on the efforts to correct and obtain additional fill for the Badger Park football field. This field will not be ready for use this fall. Shaw recommended posting signs to keep people from using it. Further plans are being discussed for the 1987 budget, including the plans for Manor Park building. ARNOLD'S RESTAURANT - BUILDING PERMIT A request for a Commercial building permit to remodeling 19335 St. Hwy 7 was received from Arnold's Restaurant. Gagne moved, seconded by Stover, to approve the request. Motioned carried - 5 ayes. WASH N ROLL - SIGN PERMIT AND LANDSCAPE REVISION A revised landscape plan has been submitted for the Wash N Roll at 24245 Smithtown. They would like to change the landscaping along County Road #19 due to the damage caused by the salt from sanding. Haugen moved, seconded by Shaw, to approve the new landscape plan as submitted. Motion carried - 5 ayes. Scott Mann has requested a 4 x 8 sign to be located on a land- scaping berm at the front of the building. This signage complies with the requirements of the Ordinance. Stover moved, seconded by Haugen, to approve the sign permit re- quest. Motion carried - 5 ayes. M.R. Properties (Sullivan Center) Building Permit Mike McCormi~ has requested a commercial building permit to remodel two office suites in the Sullivan Center at 24000 St. Hwy 7. One suite into a Chiropractor's office and the other as Gen- eral office space. Gagne moved, seconded by Haugen, to approve the permit as requested. Motion carried - 5 ayes. DISCUSSION OF RESOLUTION OF DENIAL - DONALD SHAFER Mr. Don Shafer has requested that the Council reconsider their denial to allow a dock to be installed on a point across the street from 5570 Timber Lane. He informed the Council that he wants the dock right for the property at 5570 Timber Lane not his house at 23880 Smithtown Road. He stated that the property on the point had originally been purchased with the property at 5570 Timber Lane and to,his knowledge had always been in con- junction with one another. -2- CITY COUNCIL MI~S MONDAY, JULY 28':~86 page three . DISCUSSION OF RESOLUTION OF DENIAL - DONALD SHAFER-continued Mr. Shafer read the Findings of Facts and disagreed with portions of various points. Rascop moved, seconded by Shaw, to reconsider for discussion only. Haugen would like to view the site. Minutes of 4/26/86 regarding the grandfathering use ofa dock owned by Mike Arvidson. Motion to reconsider was denied - 1 aye (Shaw) 4 nays. Haugen suggested that Mr. Shafer may request the Planning Com- mission to study and possibly revision the current Ordinance re- garding this type of dockage. SWEETWATER AT NEAR MOUNTAIN "PUD" ORDINANCE NO. 182 Planner Nielsen submitted an Ordinance amending Ordinance No. 180 to rezone the area identified as Sweetwater at Near Mountain to a PUD. Shaw moved, seconded by Haugen, to accept the first reading and adopt the Ordinance, waiving the second reading. Ordinance adopted by Roll Call - 5 ayes. CHESTNUT RIDGE 9th ADDITION - FINAL PLAT The development Agreement for Chestnut Ridge at Near Mountain 9th Addition was submitted for review and acceptance. AMENDMENT TO THE DEVELOPMENT AGREEMENT RESOLUTION NO. 87-86 Gagne moved, seconded by Shaw, to accept the Development Agree- ment and to authorize the signature of the Agreement by the Mayor and Clerk. Accepted by Roll Call Vote - 5 ayes. FINAL PLAT APPROVAL - CHESTNUT RIDGE AT NEAR MOUNTAIN 9th ADDITION RESOLUTION NO. 88-86 Haugen moved, seconded by Gagne, to approve the final plat as submitted. Approved by Roll Call Vote - 5 ayes. VOTING PRECINCT III LOCATION CHANGE Due to the necessity to comply with State and Federal requirement to have all voting precinct h~ndicapped . accessible, Precinct III should be changed to the Minnewashta School at 26350 Smithtown Road. Shaw moved, seconded by Haugen to approve the new Precinct III loca- tion. Motion carried - 5 ayes. -3- CITY COUNCIL MI~S MONDAY, JULY 28:--r986 page four . DISCUSSION OF CITY HALL EXPANSION Administrator Vogt presented a report from Architect Frank Reese, with Hthree alternative plans and estimated costs for adding onto City Hall, remodel and add walkway to 5795 .Country Club Road and remodel the City Hall basement for office space. Gagne moved, seconded by Haugen, to hire an Architect to draw plans for improvements. Gagne then withdrew the motion, accepted by Haugen. Council continued to discuss various alternatives. Haugen moved, seconded by Gagne, to direct the Administrator to prepare a request for proposal and to have the staff begin pre- paring a long range plans for all of the City Buildings. Motion carried - 5 ayes. ATTORNEYS REPORT WEDGEWOOD DRIVE REPAIR AGREEMENT Council reviewed the draft agreement between the City and Jim Dutcher regarding repairs to be done to Wedgewood Road. Mr. Dutcher has asked to have his contractor repair the road this year at his expense and have the City budget for repayment next year. Gagne moved, seconded by Shaw, to approve the draft to include a clarification that this agreement is an alternative or a one time basis. Motion carried - 5 ayes. STATUS REPORT - EUREKA ROAD DRAINAGE- EASEMENTS Mr. Kraemer.of 5865 Eureka Road and Mr. Mann of 25410 Mann Lane were present to discuss the proposed drainage project for their area. Froberg received the various easements needed for the drainage project. Heiland has indicated that he is not willing to grant easements through his property. This will get the drain- age up to Freeman Park staff will continue to try to obtain need- ed easements. AMENDMENT TO RESOLUTION NO. 85-86 RESOLUTION NO. 89-86 Haugen moved, seconded by Gagne, to reconsider Resolution No. 85-86 setting the public hearing to set assessment roll: for the S.E. Area Trunk Water Supply. Motion carried by Roll Call Vote - 5 ayes. Haugen moved, seconded by Gagne, to set the public hearing for setting assessment rolls to September 8th instead of August 25th. Motion carried by Roll Call Vote - -- 5 ayes. . " ~'" -4-- CITY COUNCIL MI~S MONDAY, JULY 28;-!986 page five . ENGINEERS REPORTS AWARD S.E. AREA DEEP WELL BID RESOLUTION NO. 90-86 Engineer Norton submitted a letter to the Council recommending that the S.E. Area Deep Well Bid (Project No. 86-1 (B)) be award- ed to E.H. Renner and Sons, Inc. He also referred to the Layne- Western Co. bid based on the reverse rotary system instead of the cable tool method as the plans specified. A representative ex~ plained the reverse rotary system and their reasons for bidding that method instead of the spec requirements. Haugen moved, seconded by Gagne, to accept the Engineers re- commendation and award the bid to E.H. Renner and Sons, Inc. in the amount of $92,815.00. Motion approved by Roll Call Vote - 5 ayes. APPROVAL OF SEALCOATING PLANS AND SPECIFICATIONS & AUTHORIZATION FOR ADVERTISEMENT OF BIDS - PROJECT e6-3A RESOLUTION NO. 91-86 Rascop moved, seconded by Gagne, to approve the sealcoating plans and advertise for bids to be opened on August 11, 1986 at 11:30 PM. Motion carried by Roll Call Vote - 5 ayes. ADMINISTRATORS REPORTS MIDWEST ANIMAL SERVICE CONTRACT RESOLUTION NO. 92-86 Council received the contract and amended portions of the con- tract. The amendments will be put into the contract and sent back to Midwest Animal Service. Gagne moved, seconded by Shaw, to approve the contract to include the Amendment as directed. Contract approval by Roll Call Vote - 4. ayes, 1 ~.. haw). ~ 1...1, Qb~LD-~ U W,:IJ VINEHILL ROAD OVERLAY PROJECT Gagne moved, seconded by Stover to approve the agreement with Minnetonka for the overlay project on Vine Hill Road. Motion carried - 5 ayes. PUBLIC SERVICES AGREEMENT/SOUTH SHORE SENIOR CITIZEN CENTER An agreement requesting funding in the amount of $2537.00 from CDGB funding for the South Shore Senior Citizen Center was presented to the Council for approval. Haugen moved, seconded by Gagne, to approve the request for ~und- ing. Motion carried - 5 ayes. -5- MONDAY, JULY 28.986 page 6 . PERSONAL ISSUE MEETING A personal' meeting will be held at 7:00 PM, July 29, 1986. MOUNDSVIEW GAS LEAK SUPPORT RESOLUTION NO. 93-86 A letter has been received asking for support from other Cities regarding the gas line accident with Williams Pipe Line. Resolution be drafted the pipeline. Motion Gagne moved, seconded by Shaw, to direct a in support of Moundsviews action regarding carried - 4 ayes to 1 ~1"l.1 (Haugen). ! ......AI ~ cu::, ~'0L.~ MAyo.RS REPORT LMCD FUNDING The LMCD is requesting from the Legislature the right to levy for funding, and to not be included within the Cities levy limitations. COUNCIL REPORTS FINANCE COMMITTEE DISCUSSION Stover and Rascop attended the last meeting of the Finance Com- mittee. They asked for a list from the Council as to the items they would like to see studied by the Committee. Rascop sug- gested may areas but would like a list from the Council prepared and submitted to the Committee. DRAFT COUNCIL SALARY ORDINANCE Haugen moved, seconded by Gagne, to draft an Ordinance setting the Council salaries at $200.00 for Mayor $150.00 for Council- member per month. Motion carried - 5 ayes. APPROVAL OF CLAIMS AND ADJOURN~mNT Haugen moved, seconded by Shaw, to adjourn the Regular Council Meeting of July 28, 1986 at 11:45 PM subject to approval of claims. Motion carried - 5 ayes. General Fund - Acct # 00-00166-02 Checks # 32291-32351 Checks # 200467-200482 = $78,000.36 8,156.97 $86,157.33 00-00174-02 = Liquor Fund - Acct # Checks # 4778-4801 Checks # 20'0483 $24,862.87 = 3,149.91 $28,012.78 RESPECTFULLY SUBMITTED, -6- Mayor Rascop \ CHECK NO 32291 32292 32293 32294 32295 32296 32297 32298 32299 32300 32301 32302 32303 32304 32305 32306 32307 32308 32309 32310 32311 32312 32313 32314 32315 32316 32317 32318 32319 32320 32321 32322 32323 32324 32325 32326 32327 32328 32330 32331 32332 32333 32334 32335 32336 32337 32338 32339 32340 32341 . . GENERAL FUND - BILLS PAID SINCE JULY 23, 1986 TO WHOM PAID Public Employees Ret. Assoc. State Treas. Soc. Sec. Fund D.O.E.R. - S.S. RET. DIV. The Bank Excelsior Commissioner of Revenue ICMA Retirement Assoc. City-County Credit Union Martey Jakel MN Commerce Dept. Daniel J. Vogt AmeriData Systems, Inc. Earl F. Andersen & Assoc. Associated Asphalt, Inc. AT&T Consumer Products, Div. AT&T Communications AT&T Information Systems Heckel's Midwest Farm Equip Henn. Co. Treas. Kelly Service, Inc. Labor Relations Assoc. Lan-De-Con, Inc. Metropolitan Waste Ctr1 Comm Midwest Asphalt Corporation Motorola, Inc. Minnegasco NSP MN UC Fund NWB SLMPSD Pitney Bowes Satellite Industries, Inc. Twin City Stamp & Stencil Zach's, Inc. Ziegler Tire Service Co. Orr-Sche1en-Mayeron & Assoc. Mary Ann Meyer MN Mutual Life Ins. Physicians Health Plan K-Mart AmeriData Systems, Inc. Robert Rascop Jan Haugen Tad Shaw Robert Gagne Kristi Stover K-Mart U S Postmaster Public Employ. Ret. Assoc. State Treas. Soc Sec. Fund D.O.E.R. - S.S. RET. DIV. PURPOSE AMOUNT 07/19/86 payroll - PERA $ 1,153.88 07/19/86 payroll - FICA 2,077.64 07/19/86 payroll - Medicare 5.56 07/19/86 payroll - FWH 1,610.43 07/19/86 payroll - SWH 716.12 07/19/86 payroll - ICMA 263.00 07/19/86 payroll - Credit Union 32.00 Park - Film for polaroid 10.18 Notary Commission Application 10.00 Mileage - 6/2 thru 7/23 - 300 miles 63.00 Memory Chips/Lotus Classes 490.00 Traffic Control Signs 1,343.90 Road Mix 1,114.54 Telephone Servo - Public Works 6.75 Te1e. Servo - City Hall/Public Works 20.76 Te1e. Servo - City Hall 23.25 Equip Maint - Public Works 154.88 June, '86 Prisoner Expense 1,558.50 Temp Help - Erika Maschhoff 594.00 Union Discussions 260.00 Tree Sale 946.50 August, 1986 Sewer Service Chg 18,660.77 Road Repair - Limestone 42.55 Repair Receiver & Align to Specs 238.50 Badger Pump Hse/City Hall/Garage 89.10 City-Wide Electricity 1,110.96 2nd Qtr. Unemp1oy. Comp.-Dybvik 852.00 Te1e. Serv. -City Hall/Public Wks/Parks409. 32 August, 1986 Budget/Booking Fees 24,052.50 Qtr1y Meter Rental - Postage 54.00 Chemical Toilets - Parks 250.00 Nameplates - Park Comm. 13.45 Small Tools - Public Works 58.00 Tires & Related Parts - Public Wks 1,737.11 Engr. Fees / Street Const/Shwd Oaks 6,212.01 House Purchase- 5795 Ctry Club Rd. 1,055.00 Employee Life Ins. - August, 1986 169.39 Aug. '86 Employee Health Ins. 2,321.77 2 Sharp Model 1197 Calculators 79.94 6 Month Update/Support Contract-UB 100.00 August, 1986 Mayor's Salary 150.00 " "Council" 100.00 " """ 100.00 " """ 100.00 " """ 100.00 1 Sharp Model 1197 Calculator 39.97 News1atters - 1622 pieces 163.82 08/02/86 payroll - PERA 1,185.69 " "FICA 2,055.14 " "Medicare 5.48 - 1 - . . GENERAL FUND - BILLS PAID SINCE JULY 23, 1986 CHECK NO TO WHOM PAID 32342 32343 32344 32345 32346 32347 32348 32349 32350 32351 The Bank Excelsior Commissioner of Revenue Child Support Enforcement City-County Credit Union AFSCME Local #224 ICMA Retirement Assoc. Medcenters Health Plan Kathleen Schwankl Evelyn Beck City of Minnetonka PAYROLL CHECK LIST 200467 & 200469 200470 200471 200472 200473 200474 200475 200476 200477 200478 200479 200480 200481 200482 200468 Void Daniel J. Vogt Sandra L. Kennelly Susan A. Niccum Shelly L. Trinka 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. Wehle Donald E. Zdrazil PURPOSE AMOUNT 08/02/86 payroll - FWH $ 1,702.54 " "SWH 753.01 Unit" " Income W/H 281.00 " " Credit Union 32.00 " " Union Dues 68.70 " "ICMA 263.00 Aug. '86 Employee Health Ins. 374.70 Mileage - 7/23/86 NMS Mtg. 60 miles 12.60 Mileage - 7/22 & 7/29 70 miles 14.70 2nd Qtr. Water Purchase 536.75 SUBTOTAL $ 78,000.36 Void 80 hrs Plus Retro Wages 80 hrs 80 hrs 78.75 hrs 80 hrs 80 hrs 80 hrs 64 hrs 80 hrs 82 hrs 82 hrs 80 hrs 80 hrs 80 hrs SUBTOTAL -0- 979.94 611.49 450.44 316.35 752.12 483.49 747.78 433.78 387.39 594.05 594.05 520.35 505.57 780.17 8,156.97 $ TOTAL $ 86,157.33 - 2 - CHECK NO 4778 4779 4780 4781 4782 4783 4784 4785 4786 4787 4788 4789 4790 4791 4792 4793 4794 4795 4796 4797 4798 4799 4800 4801 . . LIQUOR FUND - BILLS PAID SINCE JULY 23, 1986 TO WHOM PAID City of Shorewood AT&T Consumer Products BellBoy Corporation Capitol City Distr. Co. Eagle Distributing Co. Griggs, Cooper & Co. Intercontinental Pkg. Co. Johnson Bros. Wholesale Liq. Minnesota Bar Supply, Inc. Mn Suburban Newspapers, Inc. Mn Municipal Liq. Stores Northwestern Bell Nat'l Guardian Security Ed. Phillips & Sons Co. Prior Wine Co. Quality Wine & Spirits Co. Twin City Wine Co. Minnesota Mutual Life Ins. Physicians Health Plan Ryan Properties, Inc. Harry Niemela Leo Schultz City of Shorewood State Treas. - Soc. Sec. PAYROLL CHECK LIST 200483 200484 200485 200486 200487 200488 200489 200490 200491 200492 200493 200494 200495 Russell R. Marron Robert F. Nash Christopher Schmid Stephen H. Thies Ross Nasset John F. Thompson John F. Josephson William F. Josephson Susan M. Latterner Steven D. Maeger Dean H. Young Joel S. Bovee Tim Stevens PURPOSE 7/19/96 Payroll Reimbursement Telephone Service Liquor purchases Wine Purchases Liquor/Wine Purchases Liquor Purchases Wine Purchases Wine Purchases Misc Purchases Advertising Annual Membership Dues Telephone Service/Advertising Burglar Alarm SVC Wine Purchases Wine Purchases Wine Purchases " tI August, 1986 Employee Life Ins. " " "Health Ins. August, 1986 Rent/Fixtures " "Rent Repair & Maint. painting Liq II 8/2/86 Payro11 - Reimbursement 1984 Fica Due on Wages Reported SUBTOTAL 80 hrs 45 hrs 47 hrs 20 hrs 14 hrs 14 hrs 20 hrs 80 hrs plus retro wages 40 hrs 89.5 hrs 80 hrs 36.5 hrs 39 hrs SUBTOTAL TOTAL - 1 - ' AMOUNT $ 4,168.44 17.45 1,059.31 100.87 5,160.62 1,183.28 439.79 1,'110.19 235.40 69.12 135.00 137.70 227.55 587.57 1,299.11 820.39 302.89 35.29 310.64 1,765.00 882.50 480.00 4,300.04 34.72 $ 24,862.87 490.20 218.25 175.98 90.35 67.90 67.90 88.76 576.26 157.38 370.67 482.82 177.03 186.41 3,149.91 28,012.78 . .. .. \ . SHOREWOOD MEMO: DATE: 8/6/86 TO: Mayor and Councilmembers FROM, Dan Vagt IS:( RE: Employee Relationship Policy Now that you have had a copy of the updated Employee Relationship Policy for the past several weeks and I have had the opportunity to discuss individually with you any questions you have had, I now recom- mend formal adoption of the Policy. The only revi- sion to date changes the title on Page 54 to Public Works Director for consistency with Page 53. A new copy of this page will be sent. With no further revisions, the document is ready for Council action. Please contact me if you have any questions. DJV/slt -.:3 '~. -'.' . . ~~ Cl.. V v I " f I OV ORDINANCE NO. AN ORDINANCE PERTAINING TO DISPOSAL OF GARBAGE, RUBBISH, AND TRASH, AND ESTABLISHING CONDITIONS FOR LICENSING COLLECTORS OF SAME The City Council of the City of Shorewood does ordain: CHAPTER 406. REFUSE COLLECTION AND DISPOSAL 406.01. DEFINITIONS. subd. 1. Words and Phrases. For the purposes of this ordinance, the following words and phrases have the meanings given them in this section. subd. 2. Garbage means organic waste resulting from the preparation of food and decayed and spoiled food from any source. subd. 3. Recyclables include paper, plastic, tin cans, aluminum, motor oil, glass, and other metal goods, each separated or otherwise prepared so as to be acceptable to the recycling center where they are to be deposited. subd. 4. Rubbish means inorganic solid waste such as tin cans, glass, paper, ashes, sweepings, etc. subd. 5. Refuse includes garbage and rubbish. 406.02. GENERAL REGULATIONS. subd. 1. Unauthorized Accumulation. Any unauthorized accumulation of refuse on any premises is a nuisance and prohibited. subd. 2. Refuse in Streets, etc. No person shall place any refuse in any street, alley, or public place or upon any private property except in proper containers for collection. No person shall throw or deposit refuse in any stream or other body of water. subd. 3. -. Scattering of Refuse; Composting. No person shall "bury any refuse in the City except in an approved & sanitary landfill, but leaves, grass clippings, and ---easily biodegradable, non-poisonous garbage may be composted on the premises where such refuse has been A 1':'- . . ;/ // accumulated. Garbage may be composted only in a rodent-proof structure and in an otherwise sanitary manner and after the Council gives its approval to such composting after it finds that the composting will be done in' accordance with these standards. 406.03. DISPOSAL REQUIRED. Every person shall, in a sanitary manner, dispose of refuse that may accumulate upon property owned or occupied by him. Garbage shall "be collected, or otherwise lawfully disposed of, at least once each week during the entire year. No person shall permit refuse to be picked up from his premises by an unlicensed collector. 406.04. CONTAINERS. subd. 1. General Requirement. Every householder, occupant, or owner of any residence and any restaurant, business establishment, or commercial establishment shall provide on the premises one or more containers to receive and contain all refuse which may accumulate between collections. All normal accumulations of refuse shall be deposited in such containers. Leaves, trimmings from shrubs, grass clippings, shavings, excelsior, and other rubbish of similar volume and weight may be stored in closed containers not meeting the requirements of subd. 2. subd. 2. Container Requirements. Each container shall be water-tight, impervious to insects and rodents, fireproof, and shall not exceed 90 gallons in capacity, except that any commercial or business establishment having refuse volume exceeding two cubic yards per week shall provide bulk or box-type refuse storage containers of a type approved by the City. Exempted from this provision shall be construction activities which are temporary in nature and do not extend over a period greater than thirty (30) days. Containers shall be maintained in good and sanitary condition. Any container not conforming to the requirements of this chapter or having ragged or sharp edges or any other defect likely to hamper or injure the person collecting the contents shall be promptly replaced after notice by the City. '\I subd. 3. Use of Containers. Refuse shall be drained of liquid and household garbage shall be wrapped before being deposited in a container. Highly inflammable or explosive material shall not be placed in containers. . -2- ~ i,j . '._~ 406.05. . .' COLLECTION CONTRACT subd. 1 subd. 2 subd. 3 subd. 4 subd. 5 subd. 6 subd. 7 Bids and Proposals. The City Council shall contract with one or more collectors after receiving bids or proposals for such purposes, for collection of garbage and refuse from residences in the various portions of the City of Shorewood on such terms and for such periods as the Council may determine. Unit Price Contract. The contracts with each collector shall be based on unit price. Contractor Record Keeping. Each collector shall keep accurate records of all his collections and shall report monthly to the City Administrator on all of his collections. Collector Office. Each collector shall have at all times a registered office and notify the City Clerk of any change in said address of office. Equipment. Each collector shall furnish his own equipment and personnel for the collection of garbage and refuse. Exclusive Contracts. Only collectors holding contracts with the City (or their subcontractors) shall be authorized to collect the garbage from any residence within the City of Shore wood and no other persons shall make a business or collect a fee for collection of garbage within the City of Shorewood. Collectors will be held responsible for all work performed by their subcontractors, and all subcontractors shall be subject to approval by the City. Effect of State Regulation. The garbage and refuse so collected by each collector shall be disposed of in a manner as provided by Minnesota Statutes and <Regulations. -3- ~ >.4:, . . 406.06. COLLECTION LICENSE REQUIRED subd. 1. License Required. Each collector awarded a contract by the City of Shorewood shall be required to obtain a license. subd. 2. Application. Each collector desiring to be licensed shall make application to the City Clerk on a prescribed form. The application shall set forth: a. the name and address of the applicant; b. a description of each piece of equipment proposed to be used in the collection; c. the place to which the refuse is to be hauled; d. the manner in which the refuse is to be disposed of. subd. 3. Insurance. No license shall be issued until the applicant files with the clerk a current policy of public liability insurance including coverage for general liability, premises, operations, and all vehicles to be used by the applicant in the licensed business. The limits of coverage of such insurance shall be established by Council resolution from time to time. subd. 4. License Fees. Licenses shall be issued for a period of one year. The license fee shall be established by Council resolution from time to time. 406.07. REFUSE COLLECTION SCHEDULE. Each contract collector shall collect refuse from only those residents within that portion of the City covered by his contract with the City. Collecting shall be made according to the following minimum schedule: daily from hotels, restaurants, and other premises, which in the judgment of the City require such collection, and weekly from residences and other premises. No refuse shall be collected before 6:00 a.m. or after 8:00 p.m. of any day. -4- r ./ . . 406.08. COLLECTION VEHICLES. Every refuse collection vehicle shall be lettered on the outside so as to identify the licensee. Every vehicle used for hauling garbage shall be covered, leak-proof, durable, and of easily cleanable construction. Every vehicle used for hauling refuse shall be sufficiently airtight, and so used as to prevent unreasonable quantities.of dust, paper, or other collected materials to escape. Every vehicle shall be kept clean to prevent nuisances, pollution, or insect-breeding, and shall be maintained in good repair. Enclosed refuse vehicles shall be confined to public streets, roadways, alleys and to commercial parking lots and shall not be driven upon residential property on driveways unless authorized by the owner. The above provision shall not apply to 3/4 ton (or less) pickup trucks used as auxiliary vehicles engaged in picking up refuse and placing it in enclosed vehicles. Such pickup trucks shall not be filled to such height that refuse spills therefrom; any refuse spilled or dropped shall be immediately picked up. 406.09. WEIGHT RESTRICTIONS PERTAINING TO COLLECTION VEHICLES. All collection vehicles shall be subject to the provisions of Shorewood Ordinance No. 163. 406.10. SERVICE CHARGE. subd. 1. Charges for Collection Service. The City of Shorewood shall charge each person or residence unit a minimum charge as established by Council resolution from time to time. Such charge shall be determined by the Council, and the statements for such charges shall be sent to the person served at such intervals as the Council shall determine. subd. 2. Separate Fund Account. All income from the operation of the refuse collection system and the record of expense and operation shall be accounted for separately from the general City fund. subd. 3. Customer Statements. Statements for charges for garbage service for the period shall be mailed to each customer on or before the 20th day of January, April, July and October of each year. Such statements shall be due and payable to the City Treasurer on or before the first.day of the third month following the . quarterly period covered by such statement. ._ ~. -5- , 4' 4 I . . I subd. 4. Late Payment Penalty. If payment is not made by the first day of the third month following the quarterly period covered by such statement, a penalty of 10% shall be added to the amount due on such bill. It shall be the duty of the City to endeavor to collect delinquent accounts as promptly as possible. subd. 5. Assessment Against Property for Nonpayment. All delinquent accounts may be certified by the clerk who shall prepare an assessment roll each year provid~ng for assessments of delinquent accounts against the respective property served. This assessment roll shall be delivered to the City Council for adoption on or before October 1 of each year, and upon approval thereof the clerk shall certify to the County Auditor the amount due and the County Auditor shall thereupon enter such amount as part of the tax levy on such premises to be collected during the ensuing year. Such action may be optional or subsequent to taking legal action to collect delinquent accounts. 406.11. BURNING OF GARBAGE, REFUSE, AND INDUS~RIAL WASTES. No person shall dispose of garbage, refuse and industrial wastes within the City limits at any time by open burning, or cause, suffer, allow or permit open burning of garbage, refuse or industrial wastes at any time in any outdoor fire, outdoor incinerator, can, recepticle or device. 406.12. PENALTY. Any person who shall violate any provision of this Ordinance shall be guilty of a misdemeanor. 406.13. REPEALER. Upon the effective date of this Ordinance, Ordinance No. 176 is hereby repealed. 406.14. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage and publication according to law. -6- ~ . ~ / / , / -"5.." Po.., \-. U .... ~ ~ ~ ~ ~ ~ ; . . .............. :.&1\,," IIIDEX ro STRm'S . Ac&Il~ Av.......... ..F-l2 AttOft Rol!4..........F~ AIIh. Road........ ..~9 Anth~ T.rrace.....B-20 Appl. Ro84..........~l5 Snarl,. Driv........G-4 Blrch BLair Road....D-7 9l~. R'4!a Laae.....o-) Bo~ld.r C>rcl.......O-z Braclr..th Road......o-15 Br&llll Circl.........:l-17 8r~. ao~1.yard.....D-20 Cajad L.an...........C-4 C&l'chnal ~lv.......'~14 ~at.hcar\ :rl"".......0-5 Cuaka Road....... ..:l-l2 Chri.t_. :..u.. P\...E-Io Chriat... L.U:. Rd. ..F-l7 Chri.t... Lan.......O-l7 Ch~ch Road........ .0-5 Clovar Laaa.........E-U Cld Laaa...........F-9 Cld Vall.,. Road....o-lO COUDtr,. Club Road.. .F-lO COUDt,. Road 19......~10 Cov.QCtOtl Road.... ..E-ZO o.voeahlr. Circl....3-l9 DlviaiOll Str..'.....E-l6 Eutpt. C>rcl......F-5 Echo Road...........E-lO ~oocl Road.......ll-4 Eldar '!'l&nl......... .F-U Elm'idc'a Circl..... .C-5 Fur.ka Road.........&-8 Fur.ka Iiq..........E-7 Ezc.hior Blvd..... .o-l9 FaH_ Plac.........A-lo Femaoet Sr........ .8-18 I'. "aru. t Drn........ .8-18 \I 'pill L.U:. Road.. ..F-13 I.. ~L.an..........O-l) ~, oad........ .A-18 ,. J (111111 '~:::::::~g .......E-9 '.....&-6 .. .F-13 .F-l6 '-3 e lIall ard Lan......... n.4 M&n.1.tou lAn.........~9 Il!anft Lan............ F-8 lI&11or Road......... .B-19 !lapl. Aven~.........0-6 II&pl. R.dc'a ~....0-3 IIa7f 1 owar "Dad...... 0-1) IICt.lll Road.........F-12 ~.adowvi.. ~......t-7 II.M''' Lan........... E-l i lIill Stre.t.........0-16 Mlnn.tonk. :!lv4....... ."'-1- M,,,,,.tollka :l:"ve....E-12 Murr~ St.:'ttec........C-14 ~rq H.ll 'oad....0-13 Nelli". ~lV........I)....O .oak ~'dc'a ;u'cl.....0-6 Park Strut....... ..F-i2 ho. 1l.1Id...........E-3 Pleaaaut AveDue...... ~9 Radu.oo EntrUlc... .~18 Radu.oo Inn Road. ..E-19 Rape,'. li~~....... ..It-19 R.dc'a Road.... ......F-19 Rlvlara l..&a.........C-ll R_Hc Wq.......;..8-18 St.Alb&l1'. ~.., Rd...~19 5...&11. Drlva..........G-d Shad,r Kill. =,rcl...~21 Shad7 Hill. ?oad.... 0-21 :ihad,r LADe.......... C-21 5hora Road......... .E-19 Shorawoocl :..an..... ..E-ll Sa1 t h town L.an....... E-6 Sa1 thtOlfll ~oad...... E-9 Sta'. H..,. 7.........~19 Star Lan........ ....E-9 Strawberry :..an......0-6 Su.bvbu Dr'l V...... .c-18 S_.t A..=........o-13 S~ale L.an.......D-7 S11 V&l1 Lan.......... I>-6 Teal CU"'cl..........n.-a Te. ~all......... ..o-IQ Th.rd AVlIIII.........&-16 T..bar ~..........D-ll 'alle)'Voocl -:lrele.. .~1 'lalle1WDocl :..an.... ..D-7 Vlne S\r..'.........3-20 fln. Hill kOM..... .1'-21 Wedswwood ~1.......&-8 liut Lan.. .. .. . .. .. . A-18 .... 62Dd Stra.t......o-5 'd Ro.. Lan.......E-7 llri............ .0-10 ~ Plac........E-2 ROad.......E-) , ~ail...F-ll . . .. \0 SHOREWOOD MEMO: DATE: 8/6/86 TO: Mayor and Councilmembers FROM, Dan Vogt ~ RE: Proposed Garbage Ordinance Included in your meeting packet you will find the Draft Garbage Ordinance. Attached to the Draft Ordinance is a proposed Garbage District Map. A Public discussion of the draft has been sched~ uled foi 8:00 PM on Monday night. This notifi- cation was included in the Newsletter and in the local newspapers for said date and time. Notifi- cation was also sent to the Garbage Collectors licensed in Shorewood. Please contact me if you have any questions. DVJ/slt . . CROSSTOWN SANITATION, INC. P.o. BOX 41543 . PLYMOUTH, MINNESOTA 55441 . PHONE 541-1465 July 22, 1986 TO: SHOBEWOOD CITY CO~n. FROM: CROSSTOWN SANITATION RE: CITY CONTRACT - SHOREWOOD RUBBISH CO~TION I have been thinking over all that has been said about the city contract for rubbish collection in Shorewood. While I ~ somewhat resigned to seeing a city contract, I don't for one minute agree with the concept. We have heard how a city contract would improve road conditions and whatever else. Here are my thought s . Competitive Bidding the Great American Way We have heard how competitive bidding is the great American way of doing business. To my way of thinking, if we convert from individual choice to GOVERNMENT CHOICE, we have really converted to SeXaALISM. In effect the individual is incapable of making a choice for the service he wants; he can sit back and let government make his choice for him. In addition, the contractor has mainly to please not the customers but government. All he has to do is avoid major complaints and make points with city management and he is in. It helps if he is a "good ole boy" or has a relative in city hall. We eliminate the freedom of choice unless the individual is willing to pay a penalty. Now rather than competition on an individual basis we have it on a city wide basis. Can a city contract define the level of service the citizens want or require, or will it just provide a minimum? What about the senior citizens we pick up? What about~the fancy long driveways? Do they pay more or do the common folk pay for the rich? Let's Do it For Everybody If you can write a contract for rubbish service, you can do it for every other service. If your premise is reduced traffic, you can reduce it by contracting every service involving heavy trucks. These include tree services, water softener services, excavating contractors, etc. You can justify the contracting in the same manner as you plan on doin~ it for the rubbish haulers. In fact, it would seem to me to be discrimination if you take my business and put it out for bid and not do it for other services. Let me know your thoughts. cc: Mrs. Kristi stover Mr. Larry Marofsky Sincerely" ~[A William E. Kirby hak . . . MAYOR Robert Rascop COUNCIL Jan Haugen Tad Shaw Kristi Stover Robert Gagne ADMINISTRATOR Daniel J. Vogt CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 . (612) 474-3236 MEMORANDUM TO: PLANNING COMMISSION, MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 31 JULY 1986 RE: McDONALD, MICHAEL - SETBACK VARIANCE FILE NO.: 405 (86.tf) BACKGROUND Mr. Michael McDonald has requested a setback variance to build a two-car garage on his property located at 4695 Lagoon Drive (see Site Location map - Exhibit A, attached). As shown on Exhibit B, the applicant proposes to locate the garage 12 feet from the easterly property line (20 feet is required) and 48 feet from the lakeshore on the southeast side of the lot (50 feet is required). He has requested an eight-foot variance from the side yard requirement and a two-foot variance from "the lakeshore requirement. The property is zoned R-1C and is accessed by Lagoon Drive, a private road. As can be seen on the attached exhibits, the site is surrounded on three sides by water. The applicant cites this and a desire to save a number of large trees on the lot as justification for the variance. ANALYSIS/RECOMMENDATION" The City has determined in past requests that an inability to have at least a two-car garage in Minnesota constitutes hardship. This, and the configuration of the lot are considered to be valid arguments to support the variance. While the desire to maintain trees is sha~ed by all of us, it appears that the garage could be pivoted on its most westerly corner to comply with the 50 foot lakeshore setback~' This would also reduce the amount of side yard variance necessary. Base~on that suggestion it is recommended that the variance be approved. cc: Dan Vogt Glenn Froberg Jim Norton Michael McDonald A Residential Community on Lake Minnetonka's South Shore 7 . "'10 V"'~ ~~ ~ . " I I i ~ ~ ~ ~ 1 :oj: ~ j ~ ~1 I'J: ~ .. .. .. : r-c" --7 o C.) '0 S C\I ~; -> o ".~ ..,, OOOM3l1OHS JO 111:1 nSl1U3NN'N JO 11.:1 .-...l'4'j'l i'JZ ..._ Exhibi SITE LOCATION MAP McDonald, Michael - SetbackVariartc~ ~ +-. ..,.\ I' J 11'1'('''' .;.. .-, -. v (.0..... ":;10 ...).::1 ~ '.... -.- ::1 .. -" I ./...:....;.~/.:: ....'. ~ I "'- . . -.. ';'... ............ -..~~__~_~i__ . -w =. ~<<~/i'/ ::; : I ' - .,..." _ _, \'....... (- i --.,'-........ ,,~; - '. , --', ~.,,,. >1 ...... ~~, OD.n"-_ " DJ;>' '~~ "y'>/ '/ ,/ . \ Y"", \ :> :> ) \. ~ .---'!.:-:::---- )... ""() -t. s .. -.l '" " - ~~.l .,.. ~ ~ ,) ~ i \ .~ ..~ \. .. .. ~ ':) .. ;, ~ ....s; \,. -4. ':! .. ;) ~, t .. ... ~ ,,~ ~ ... ~ ~ .. ... ... <C ~ g " :;: \J .. ~ ~ ..J ~ .~ <till _ ~ r) -1- ~ \-0 ~ \J I:> ~ ~ " .'!...... ~~~ . ~ ~ .. ~ II i "', ~ :1.'1 ~ ! ~ ~ II. .. ~I ;1 , \... \',.;, l,r ~ o 0:- \ ... ... .. .. ~ ~ -I 1 I I' I / -~~ . f- ~,,:,:,..' '; i ,! , '.'! '1:, , I . ~_ _ _ I 1 c: .' , == ...., ;.,. .-'"' .. f' 6 e a ~ II- .~ - - -;5" 4) - o o' o e /, ./ o C {) 6.- " .... > UJ > S II' ,_I (', ~' ~ '\ / ) I, / ,'t" -r -...../ ~ ~ \II ..J ~ '" .. '0 " .. c c .. ~ " .. ., d s .. " " .., '0 '" '" .'<' ~ ~ ... ~ ... 'Z - co C' ., /" .....~ .. ) Exhibit B PROPERTY SURVEY - - 0- '" . .. .. > ': 5 .~ ..~ ;. - c " 8 ...- . ~... -D" o co g-;", c c. .. c " ~ --., .,n" - ~p; " .- t-;~ c.u .. 0 e L- e .....- ur .... . L '" L_ c: C ., ., v ",'E:: " ., .,~ ~ .. ..- ::r r. c ..- e - L E U~ ., " u .. ., 1n"D 0 L .. u .. > " o . ~&> ....,. .., " .. .....,&> .,,,- f~~ > ",e -~- =-; L- "0'" U " " co ...e &> - . ~ ~ ~ ~ c .. " ., Cl ~ ~ ;o-&>- rzj '0 ..J ~ ... II. 5 -.to UJ o / ! 'I -.. .. -. <", ". 'It: ".... . . CITY OF SHOREWOOD MAYOR Robert Rascop COUNCI L Jan Haugen Tad Shaw Kristi Stover Robert Gagne ADMINISTRATOR Daniel J. Vogt 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 . (612) 474-3236 MEMORANDUM TO: PLANNING COMMISSION, MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 31 JULY 1986 RE: KERBER, CYRIL - SIMPLE SUBDIVISION AND LOT AREA VARIANCE 31 FILE NO.: 405 (86.~) BACKGROUND Mr. Cyril Kerber has requested approval to divide his property, located at 4800 Rustic Way (see Site Location map - Exhibit A, attached). According to the information submitted by the applicant, the property contains approximately 79,859 square feet in area. As shown on Exhibit B the proposed division would result in lots 40,036 and 39,823 square feet in area. Since the property is zoned R-1A, Single-family Re~idential, the easterly lot requires an area variance of 177 square feet. The property is currently occupied by the Kerber residence. Zoning surrounding the subject site is as follows: North and East - R-1A South - R-1C West - R-1D ANALYSIS/RECOMMENDATION With the exception of lot area the two lots comply with the requirements of the R-1A Zoning District. Specifically, they are wider than the 120 foot width requirement and deeper than 150 feet. Besides the very small amount of variance required, there are two factors which justify approval of the variance. First, the lot size on both the south and west sides of the subject property are considerably smaller than 40,000 square feet in area - 10,200 and 18,200 square feet, respectively. Secondly, the right-of-way for Rustic Way is 66 feet. Since the width requirement for local streets is only 50 feet, there is additional open space within the street r.o.w. A Residential Community on Lake Minnetonka's South Shore :3 . . ~ Re: Kerber, Cyri1-Subd/Var. 31 July 1986 Based upon the preceding, approval of the variance would not affect the character of the neighborhood. It is therefore suggested that the subdivision and variance be approved subject to the following: 1. Within 30 days of Council approval the applicant must provide drainage and utility easements, 10 feet on each side of all rear and side lot lines. Given the location of the existing house, this requirement will not be possible on the west side of the westerly lot. 2. Prior to release of the Council resolution approving the request, the applicant must pay one park dedication fee of $500. 3. The applicant must submit an up-to-date (within 30 days) title opinion for the property for review by the City Attorney. 4. The applicant must record the subdivision within 30 days of his receipt of the Council resolution approving the request. BJN:ph cc: Dan Vogt Glenn Froberg Jim Norton Cyril Kerber - 2 - ,~L~,;~~ CIl S! .,~.., u, ... . .....v ~ . 'oJ" '.-; , ... I. '" ~ C> :LU \.(', .. _. I I :.: oo.,8~o:'~ ..n, :1 ". =Jbr ON ~ "' .:- (.f) ~.-:= <D~ to ~. <~ " c, .. " " ..., .... ;.~, ~ ~ J..I.~ .=0-, , 'IfOT," -l.(j ~9 '''* , 'j> ~~ 'OV) ~I , : 'liT +"-~ ~ ~,~ . V a'\ '.:, -f, ~..'V.'jOON l't') . Z6'f,;;i1 ~ \:'\ N ~ '-' ... uJ ~ ex: uJ ~ ", ~ c ~ ...- ~. ":<i N - -.J '"'\ .. , ..~._~r ~""t U' --...0,. \) r- ...,.. \) ..::. ...- . , o~'Z ,,?i -: " 'If ~', ~. () " III ~ ~\'\ ~ ... ~ .. E 'If -,' y, - " 11'1 . , ',. .... , . -' - . - . . \- .J , i tj I 0 t-.ai ~ "" I :!: ~fC') 'G ..t:... l;) ....~ -':'<1 ~ ~ ~ ~ v)~ ~..: '" 1;: c~ '"' " " :t ~' ~ ~ ~ ~..~ . ,.. ':\'" \~~2 ~ \ ,.-.. -\n \: ...::::..- \ -::.;. t:; \ \:1~ \ Exhibit A SITE LOCATION Kerber subdivision and variance ,./ ('" ai.-.I , CIl " ..'~ -~ *I, f).'f.t i I ;X ~ . .J "%.v~.~. \ ~\PI (" .'" ; ~~ I _ UJ a: W ~ I- -1 o ::I: l4.. o I- <l -1 Q.O . ._. l4.. C\J : ,~~ 0..... Wo Z -1 0 -1l4.. 1-0 ~O ~~ -t id I , MINNESOTA VALLEY SURVEYORS INc. 1331 LARC INDUSTRIAL BOULEVARD, BOX 1169, BURNSVILLE, MN 55337 612-890-7750 HOUSE LOCATION SURVEY 34.1 , , 177.5H' 143.4 I , ... , , " ~ 1) e.1o "':>1' t+. 40) ?3& ?t..ft. 147.0 on .... on '" /47.0 . I 1")1 1")1 to Ul ___I RUSTIC No proper ty corner monumentation . " .. . this lurvey. Exhibit B PROPERTY SURVEY I I... , I- -1 Q. ,(j) '1- 0 C\J -1 en 0 0 0 W I") (j) 0 Q. 0 a: Q. I I ..., 1'-7. () 130.5 277.5 WAY PART OF lOT 20, PLAT OF HOl TMERE to Ul It)~ 1'1). ex) .~ ~C\J ,...." 0: lO- U)- .0 lO2 (\I" (\10: 50 50 IJ.J 2 <3: -J 50 R:f t- U) W 3:; I"a 50' I hereby certify that this survey, plan, or report was prepared by me or under my direct supervision and that I am a duly Registered land Surveyor under the laws of the State of Minnesota. ~ ~ / ~ ~A_~=-:-> .~ Ju". 26.1988 Reg. No. 9293 .-.~:. Excelsior, Minn. July 31,1986 Plamming Commission City o! Shorewood Shorewood, Minn., Gentlemen: I am in favor of granting Cyril Kerber of 4800 Rustic Way his request for subdivision and vari- amce for his property. I am a near neighbor and find that his property is always well maintained and anything that he would do would min good taste and enhance the area. . . MAYOR Robert Rascop COUNCI L Jan Haugen Tad Shaw Kristi Stover Robert Gagne ADMINISTRATOR Daniel J. Vogt CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 . (612) 474-3236 l.!EMORANDUM TO: Mayor and City Council FROM: Brad Nielsen DATE: 7 August 1986 RE: Arnold's Restaurant - Sign Permit FILE NO. 405 (Signs) At the 14 July Council Meeting the City Council approved a sign permit for the new Arnold's Restaurant at 19335 State Highway 7. Neonapolis, a sign company specializing in neon sign~ has now requested a second permit on behalf of Arnold's to install a sign on the front of the building (see at- tached exhibits). As you recall, the previous sign request did not use the entire amount of sign area (or number of signs) allowed by our Zoning Ordinance. They were allowed 117 square feet and only used 92 square feet. The new sign measures 27" by 40" and contains 7.4 square feet in area. Since this is still less than the maximum allowable area for their site, it is recommended that the permit be approved as presented. BN/slt cc: Dan Vogt Glenn Froberg Greg Wucherpfennig A Residential Community on Lake Minnetonka's South Shore c:-\ / / l \ l \ . 2482 university, st pau~ minnesota 55114644-5952 /~ C- L . 1 _J\' I 1 -1 \1----____f ) ~~-) I i ' i i \ "---------- \ ------.. - w'.-'.#: / " ( . 2482 university, st paul, minnesota 55114 644-5952 -. r~ -:-r $' lAI.1'-. J.k 1~."1r~i"~ ,4-,t~~J- /'17 It I/;z ~ - .2.} I, ~-- L , I /R~f) l1ed 1J ~ ~'i\.{~ 'r.._ .- ~ 'DIJ ~~ r~4I\.\ l=4c.r~ C)1""" 0 ,. .,. 19ft tU~I~' *v. (:.A(,l:- W\DuV\l- "1\ &JSs ~-I.4At> Jt's ~ ff"J/!"CI-G./,iL I I;y /lME"e/i4-"1 ~,e~1 ~ ,,/~Jo.;c. ~/... 4 I,~l~"" :t~l.Q 1/ jJ" /1, /q 96 't ..". L t r I I:1ftet;J~ 1717f ~ i\JIr." A}~Cr!I1J. ~l' J,-hI'J~ -- . . MAYOR Robert Rascop COUNCIL Jan Haugen Tad Shaw Kristi Stover Robert Gagne ADMINISTRATOR Daniel J. Vogt CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 . (612) 474-3236 MEMORANDUM TO: Mayor and City Council FROM: Brad Nielsen DATE: 7 August 1986 RE: House Moving Ordinance FILE NO. 404 (General) Mr. Ken Ernst, Ernst House Movers, has requested to be on the Agenda for Monday night's Council Meeting to discuss Shorewood's house moving Ordi- nance (No. 143). He proposes to move an old house, currently located on the Robert S. C. Peterson Addition property, out of the city. He questions the licensing and permit procedures contained within our Ordinance. In brief, our Ordinance requires that house movers be licensed and bonded and that permits are required for moving any structure within Shorewood. The Ordinance requires that the Planning Commission must review requests for licenses and permits, based upon a report from the Building Official, and then make a recommendation to the City Council. The Council would then make the final decision whether to issue the permit or not. Based upon evidence provided by Mr. Ernst, it now appears that licensing and bonding of house movers is strictly handled by the state. This issue should be addressed by the City Attorney. As a practical matter, it takes the burden of licensing off the City even if the state is now responsible for licensing of contractors, this does not eliminate the permit process. Mr. Ernst challenges that process in this case because the house will be moved out of Shorewood. It is the opinion of this office that Shorewood's current Ordinance was intended to discourage moving houses into the City. The moving of houses out of the City obviously fell under the same restrictions. While certain standards must still be complied with (e.g. review of routing by police and public works depts.) the potential impact of moving a house out of town is considered far less than that of moving one in. Mr. Ernst will be at the me~ting on Monday night to discuss this matter. BN/slt cc: Dan Vogt Glenn Froberg A Residential Community on Lake Minnetonka's South Shore Id . ERNST . machinery and fJ{ou,semovers Corporation 9400 85TH AVENUE NO. . MINNEAPOLIS, MN. 55445 . PHONE 425 . 2822 July 30, 1986 City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Attention: Dan Vogt, City Administrator Re: Agenda - August 11, 1986 Dear Sir: We are asking to be put on the agenda at the August 11, 1986 council meeting for issuing a permit to remove the building from 5470 Covington Road, Shorewood, Minnesota. There is a need to remove the building as soon as possible, because of the upcoming Parade of Homes Showing. The City ordinance does not take into account that building movers are now state controlled and state licenced nor does it really address situtations where buildings are being moved out of the City. Thank you for your prompt consideration and please notify us about the council meeting. Sincerely, ERNST MACHINERY AND HOUSEMOVERS CORPORATION Kenn~~~ Fw:ff President KRE/aaw . . JOINT AND COOPERATIVE AGREEMENT RELATING TO THE EMPLOYMENT OF POLICE CHIEF & POLICE OFFICERS SO AS TO PROVIDE FULL-TIME POLICE PROTECTION FOR THE CITIES OF EXCELSIOR, GREENWOOD, SHORE- WOOD AND TONKA BAY COMMENCING JANUARY 1, :l-9N ~ The parties to this Agreement are municipalities of the State of Minnesota which have the responsibility for providing for law ~ enforcement within their respective cities so as to enforce the ordinances of these cities and the laws of the State of Minnesota. This Agreement is made pursuant to Minnesota Statutes, Section 471.59. Section 1 General Purpose The general purposes of this Agreement are to provide for the employment of a full-time chief of police to act on behalf of the parties to this Agreement, and to provide said person with such assistance in the form of police officers, equipment and supplies as may be necessary so as to provide the parties with law enforcement services in the discharge of the duties imposed upon said municipalities to protect the health and welfare of their citizens and property located within their cities. It is the opinion of the parties to this Agreement that joint action in employing and creating a joint police force to serve the four communities will result in a higher standard of police service, closer control of the police force by the municipalities it serves, and in the long run more efficiency and financial savings to the communities. Sectien 2 Definition of Terms For the purpose of this Agreement, the terms in this section shall have the meanings given them. a. "Committee" means the organization created under this Agreement, the full name of which is the "Coordinating Committee for South Lake Minnetonka Public Safety." b. "Committeeman" means a member of the committee. There shall be one committeeman from each governmental unit which is a party to this Agreement, which committeeman shall be the mayor of said governmental unit. An alternate may be appointed to serve when the mayor is unable to attend the meetings of the committee. . '-:#- II' . . Page 2 c. "Council" means the governing body of the governmental unit which is a party to this Agreement. d. "Governmental unit" means a city or municipality. e. "Original party" means a governmental unit which elects to become one of the original parties to this Agreement. f. "Later party" means a governmental unit which enters into this Agreement at some time after the Coordinating Committee is originally constituted. g. "Party" means governmental unit which enters into this Agreement. h. "SLMPSD" means the "South Lake Minnetonka Public Safety Department", which shall be the name of the police force created hereunder. 1...~ADd:-Dl~....:t~WD~r of hOJ1~~n:tJlL2!f1~z::I Hhlle on du:tLuLaJL1ndindl1al ci t~I:-2n-Dla:t~z::I Qrigina:t1.nL2!1:L2.!_aD individual city. H2l1rLfS.RfmL~ 2!~z:JLDot a.ttdb.11:tahle to aD~ one ci ty :lha.lL~ ~tl12~~J.l.L.2f th~ cili~a.aed upolLthe..1l:-o:t~ ~m.and~lLh2J1U~lL.bLrecord~lULkeR~~a.ch Q.f~r and shall. b~ c2Dmi~~ by the chiet of pol ice Oil-A DlQnthly basis to determine the 'Percentaj;{e of total police mAn-hours attributable tQ the various cities. Officer time spent at the POlicLstatipn shall not be chaz:g~....:t2-Lb~u .1JL.Hh.1Qb....:t~tation is lo~ted unless the of.f1.Qu-1~ s'Pecifical~ssiJ:{ned to cases orij;{inali~lLthat city. Section 3 Membership Parties to this Agreement are the City of Excelsior, the City of Greenwood, the City of Shorewood, and the City of Tonka Bay. Any other governmental unit adjacent to anyone of said cities may become a later party to this Agreement upon consent of the parties to this Agreement. Section 4 Governing Body Subdivision 1. The committee, consisting of one committeeman from each party, shall be the governing body. Each committeeman shall have an equal voice in the affairs of the committee. ~ . . Page 3 Subdivision 2. The person holding the office of mayor of a party to this Agreement shall be a committeeman and serve on the committee as representative of said party; an alternate committeeman shall be appointed by the council of each party from the members of said council to serve for a term of one calendar year and represent said party on the committee in the absence of the mayor; the committeeman and alternate shall serve without compensation from the committee. Subdivision 3. A majority of the committeemen shall constitute a quorum at meetings of the committee. Subdivision 4. A vacancy on the committee shall be filled by the council of the parties whose position on the committee is vacant. No committeeman shall be eligible to vote in behalf of his party during the time that such party is in default on any financial paYment required to be paid under the terms of this Agreement nor shall the vote of such party be counted for the purposes of determining a quorum. Section 5 Execution of Agreement Meetings, Election of Officers Subdivision 1. Each party shall execute this Agreement through its proper officers by authority conferred by the governing body of the governmental unit. The clerk of such parties shall duly file an executed copy of this Agreement with the clerk of each of the other parties with a certified copy of the Resolution. Subdivision 2. Business of the committee shall be conducted according to the Roberts Rules of order and a Chairman and secretary shall be elected. Regular meetings of the committee shall be held once each quarter as follows: The second Wednesday of January, the second Wednesday of April, the second Wednesday of July, and the second Wednesday of October. The purpose of the regular meetings shall be to set budgets and review expenditures. Special meetings shall be at the call of any committeeman; notice of such a meeting shall be sent to the clerk of the parties to this Agreement and shall be mailed at least three days prior to the date of the meeting. Section 6 Powers and Duties of the Committee Subdivision 1. The powers and duties of the committee shall: include the powers set forth in this section. Subdivision 2. It shall establish qualifications and duties for the position of chief of police of the parties. 3 . . Page 4 Subdivision 3. It shall hire said person to act as chief of police for the parties at such salary and in accordance with such terms and conditions of employment as it shall determine. Subdivision 4. It shall provide office space, equipment and supplies as necessary to accomplish the duties and responsibilities of law enforcement within the boundaries of the parties. Subdivision 5. Upon recommendation.of the chief of police, the committee shall approve the employment of such other persons to assist the chief of police as is required for the purpose of creating a full-time police force to enforce the ordinances and laws of the State of Minnesota within the boundaries of the parties. Subdivision 6. It shall make a financial accounting and report to the parties at least twice each year. All of its books, reports and records shall be available for and open to examination by the parties at all reasonable times. Subdivision 7. It shall designate a deputy chairman from among the committeemen; it shall designate and appoint a clerk- treasurer to serve the committee who need not be a member of the committee. Subdivision 8. It may accumulate reasonable reserve funds for the purposes as herein provided and it may invest funds of the committee not currently needed for its operations in a manner and subject to the laws of Minnesota applicable to cities. Subdivision 9. It may collect monies from parties subject to this Agreement. It may recommend changes in this Agreement to the parties which shall be effective; however, only upon agreement of the governing bodies of all parties. Subdivision 10. It shall exercise general supervision over the law enforcement and standards of law enforcement for the parties. Subdivision 11. The committee shall have the authority to approve the recommendations of the chief of police to discipline or terminate employment and authority of any employee, sworn and non-sworn, all subject to and in accordance with the laws of the State of Minnesota. 1: . . Page 5 Section 7 Financial Matters Subdivision 1. Except as otherwise provided herein, the committee funds may be expended by the committee in accordance with procedures established by law for the expenditure of funds by Minnesota cites. Orders, checks and drafts shall be signed by at least two persons, who shall be designated by resolution of the committee, one of whom shall be the clerk-treasurer. Other legal instrUments of the committee shall be executed by the chairman as designated by the committee. During the absence or disability of any of the officers designated to sign checks, drafts and other legal instruments, their alternates may execute the same as authorized by the committee. Subdivision 2. The annual dollar contribution of each of the original parties toward payment of the cost of law enforcement in each of the budget years ~~~-~~~,-~~-~~~~~ 1988~ 1989. 1990. 1991 and 1992 shall be determined Qn the basis of a combination of Formula and De~and fi~res as follows: ~ 1Mi llS.O. 1ii1 1992 80% Formula 60% Formula 40% Formula ~O% Formula and thereafter 20% Demang 40% Demand 60% Demand 80% Demand 100% Demand The Formula fi2Ures fo~ch year shall be determined by multiplying the approved budget for each year by the following percentages for each of the respective parties: City of Shorewood 45% City of Excelsior 28% City of Tonka Bay 18% City of Greenwood 9% The Demand fi~res for each year shall be determined by multiplyina the approve~ budaet for each year by the percenta~~ of Demand of each of the parties as calculated frQm-1be records maintained by the chief of police. Demand will be based on a five year averaae of the parties. where five years of data is available. For 1988. demand shall be based upon 1986 data: for ~1989. it shall be based upon 1986 and 1987 data: etc. , ~The maximum annual budget shall be set by each city determining ~the number of dollars it proposes to pay for police protection. 0'This figure shall be converted to percentage of budget ~ contribution and the lowest total budget so computed shall ~ thereupon be the established budget for the calendar year. If no ~'~;;~:n i~h~:t~!I~:n~~:r:t1.>~h:e~~:~~~~:,,~ each '\:J oen'tribu~toB level. s . . Page 6 Section 8 Duration Subdivision 1. This Agreement shall take effect January 1, ~~ liBB. and shall continue through December 31, -t'9'8+ lD..aa or, thereafter, from year to year. None of the parties shall withdraw from this agreement prior to December 31, -1-96'?- ilia. Withdrawals on that date may be accomplished by the party filing notice with the secretary-treasurer of the committee by August 1. of that year, giving notice of withdrawal as of the end of that year. In such case, financial obligations shall continue until the effective date of withdrawal. Subd1Y1.u2lL..2~~1L.~~~-12~~LUQ.IILn2D=.Q~lL~~ MId by the commi:t~~~WLt1.m~Q.Ld1'::Uu21.Y:t.1Q1L.QLH1:t.hdraHAl-2! fmLRArty to. th1LAs~eme.D:L.ah4.1Lb.L.du1J1~~-.d1.ail1.bu:t~-1t2 :tb~nliUL1n~roport1..Qp. to :tWLg2Dil1.bu:t~-D1ad~~-1t~ RAn1.es to th~ total~ost of.-J.~n!QJ:~m.enL.du.r1nL:t.he. peri2.Q-2! :tb1.LAUe.em.en:t--- If :t.h~t.1eJLCarL.D2:tJ~ree Hi:th.-~SJ>ect to t~ Y.al.u~-D~~~A.ets. tWQ apprusers wULh~L~~~~d. by t~ Q.Qmmi:t~e to appz:.a1.aL:t.b~~.ah-B~e.t~Tb~:tELa..m;u:U~U-a2 ~l.eQ.ted wi 1L~1 ect a th1z:g~z:.a1.aeJ:-,-~-Yli~iL~--de.term1n..ed.. ~-D1UQJ:llL~~~z:.a1.aeJ:iL.ah4.lL~-Bllrl~~~~-1t~-D2D= Q.a.ah-B~e..tiL1n-.-cm..en1.21h ~.yiM"6ft-!2-: Q.yh.d1Y~1.21LL As an exception to the provision of subdivision 1, in the event the corporate existence of a party is terminated, or a party is consolidated with another municipality not a party to this agreement, then the obligations of such party hereunder shall cease as of the effective date of such termination or consolidation. If said effective date shall occur at a time other than the end of a budget year, the withdrawing party's financial obligation for the budget year in progress at the time of said effective date shall be pro-rated for such budget year as of said effective date. The withdrawal of a party under this subdivision shall not automatically terminate this agreement or the obligations of the remaining parties. Following such a withdrawal the percentage of the approved budget payable by each of the remaining parties for each ensuing budget year during the term of the agreement shall be adjusted such that each party's percentage remains in the same proportion to that of the other remaining parties as originally established under Section 7 hereinabove; accordingly, the adjusted percentage for each remaining party shall be calculated by dividing a party's percentage, as hereinabove set forth in Section 7, by the sum of the percentages of all remaining parties. For example, if the City of Greenwood withdrew, the new percentages of the approved budget for the remaining parties is computed as follows: City of Shorewood = JL 45 + 28 +18 = 49% (p . . '" /// City of Excelsior =----~28 x-45 + -2"81= 18 .-,/,,/ "', City of To:~~~yaY/=-~~H + 18 Page 7 = 31% =I~i In the event of withdrawal of a party under this subdivision the remaining parties will establish a new budget for the remainder of the year pursuant to the provisions of Section 7, Subd. 2 hereinabove. Section 9 Officers and Employees Subdivision 1. The chief of police employed by the committee shall serve as chief of the parties hereto and he shall have the following duties and be invested with the following authority: 1. He shall be in full and complete charge of all personnel matters and employees of the department including sworn and non-sworn. 2. He shall set and determine degree of service and standards of performance of police officers and non-sworn employees. 3. He shall be in complete charge of all matters relating to law enforcement and to its administration, including assignment of duty and responsibilities to all employees. 4. He shall act for the committee in interviewing and considering applications for employment of all employees, and he shall make his recommendation to the committee of the person who in his judgment is best qualified to fill any employment vacancy. 5. He shall act for the committee in disciplining employees, sworn and non-sworn. 6. He shall be the committee's representative on labor grievance matters, and he shall recommend to the committee all action which in his opinion is appropriate to be taken to discipline officers or to discharge officers. Such recommendations shall be in accordance with the laws of the State of Minnesota and outstanding contractual agreements governing the same. I , . . . Page 8 Subdivision 2. 0 community service officer, a non- sworn person, is ablished to be responsible to the chief of police. It be the duty of the chief of police to develop a job descrip n and a separate budget for the operation of this office. Th~ coor ating committee by unanimous vote shall be responsible for dete ~1ng a method by which the parties of thi~/agreement shall contribute to this separate budget. . /~ fi:.'. ,J x)v Lf uv ~ Subdivision 3. It shall be the duty and responsibility of the chief of police to communicate directly with the respective councils of the member cities in the event he deems it necessary to receive direction on any matter arising out of or involving the jurisdiction of any particular council. Subdivision 4. All police officers employed by the committee, including the chief of police, shall enforce and be provided authority to enforce the laws of the parties to this Agreement through proper action of the council of said parties. The committee shall assume all obligations with regard to Workmen's Compensation, PERA, withholding tax, insurance, union negotiations, fringe benefits, Social Security and the like for all employees including the chief of police and all police officers assigned to assist him in the performance of law enforcement duties within the boundaries of the parties hereto. Section 10 Prosecution - Violation of Ordinances and Laws The respective parties to this agreement shall be responsible for and pay the cost of all prosecutions for violations occurring within their respective boundaries which are subject to prosecution by a party's municipal attorney, including expenses incurred by reason of police officers making their services available for court appearances in such prosecutions. All returns of fines from municipal court shall be the sole property of the party in whose jurisdiction the offense occurred. IN WITNESS WHEREOF, the Cities of Excelsior, Greenwood, Shorewood and Tonka Bay have caused this Agreement to be executed in their behalf by their proper officers duly authorized by resolution of their respective city councils. q: . .. J \' SHOREWOOD MEMO: DATE: 8/6/86 TO: Mayor and Councilmembers FROM: Dan Vogt ~ RE: SLMPSD Agreement The revised SLMPSD Agreement is included in your meeting packet for your deliberation. The Agree- ment copy shows all deletions dashed out and all additions underlined. My review indicates that the proprosed Agreement is consistent with our last proposal. If the Agreement meets with Council approval, a resolution authorizing the Mayor and City Clerk to execute the Agreement would be appropriate. Let me know if you have any questions. DJV/slt .. -- \ . . .. SHOREWOOD MEMO: DATE: 8/6/86 TO: Mayor and Councilmembers FROM, Oan Vogt if'! RE: Assessor Contract Renewal Included in your meeting packet you will find a letter from Rolf Erickson to renew the agree- ment for assessing services for the upcoming assessment year as well as a 5.3% contract payment increase. Based upon the performance of Rolf's firm over the past year and the continued increase in work load due to construction activity in Shorewood, I wholeheartedly recommend renewal of the agreement with the proposed price increase. Please contact me if you have any questions. DJV/slt cc: Rolf Erickson . CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, AUGUST 5, 1986 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. M I NUT E S CALL TO ORDER Acting-Chair Reese called the meeting to order at 7:38 P.M. ROLL CALL Present: Acting-Chair Reese; Commissioners Benson, Mason and Watten; Planner Nielsen; Planning Assist. Helgesen. Absent: Chair Leslie; Commissioners Schultz and Spellman; Council Liaison Stover, (all excused). APPROVAL OF MINUTES Benson moved, seconded by Mason to approve the minutes of June 3, 1986 as written. Motion carried unanimously. Watten moved, seconded by Reese to approve the minutes of July 1, 1986 as written. Motion carried unanimously. 7:30 PM PUBLIC HEARING - SETBACK VARIANCE Michael McDonald - 4695 Lagoon Drive Public portion of the public hearing opened at 7:41 P.M. Mr. McDonald was present to request approval of a setback variance in order to, build a two-car garage on his property. He proposes to locate the garage 12 feet from the easterly property line (20 feet is required) and 48 feet from the lakeshore on the southeast side of the lot (50 feet is required). He stated that this location would help eliminate the need to remove as many trees. Mr. McDonald said he would have no problem complying with the Planner's suggestion of pivoting the garage on its most westerly corner so that the structure will meet the 50 foot lakeshore setback, as well as reduce the amount of side yard variance needed. Public portion of the public hearing closed at 7:47 P.M. without comment. Watten moved, seconded by Benson to recommend to Council approval of the setback variance according to the Planner's suggestion of pivoting the garage to meet the 50 foot lakeshore setback. Motion carried unanimously. 7:45 PM PUBLIC HEARING - SIMPLE SUBDIVISION AND LOT AREA V~~IANCE Cyril Kerber - 4800 Rustic Way Public portion of the public hearing opened at 7:49 P.M. , , MINUTES PLANNING COMMISSION MEETING TUESDAY, AUGUST 5, 1986 Cyril Kerber, Subd./Variance, continued: The applicant was not present. The Commission discussed the Planner's report which explains that Mr. Kerber would like to divide his property which is located in the R-1A Zoning District, requiring 40,000 sq. ft. lots. The proposal would divide his 79,859 sq. ft. parcel into two lots. The westerly lot would contain 40,036 sq. ft. and the easterly lot 39,823 sq. ft. in area. The easterly lot requires an area variance of 177 sq. ft. Both lots otherwise comply with the requirements of the R-1A Zoning District. Acting-Chair Reese acknowledged a letter from Robert Lower of 4760 Lakeway Terrace showing favor of the proposal. Public portion of the public hearing closed at 7:50 P.M. Benson moved, seconded by Mason to recommend to Council approval of the subdivision and lot area variance subject to the Planner's recommendations: 1. Within 30 days of Council approval the applicant must provide drainage and utility easements, 10 feet on each side of all rear and side lot lines. Given the location of the existing house, this requirement will not be possible on the west side of the westerly lot. 2. Prior to release of the Council resolution approving the request, the applicant must pay one park dedication fee of $500. 3. The applicant must submit an up-to-date (within 30 days) title opinion for the property for review by the City Attorney. 4. The applicant must record the subdivision within 30 days of his receipt of the Council resolution approving the request. Motion carried unanimously. MATTERS FROM THE FLOOR None. REPORTS Planner Nielsen explained to the Commission why the Wash 'N' Roll Car Wash on Co. Rd. 19 has a two-access driveway. This was suggested by Hennepin County in order to simpl~fy traffic circulation. Also discussed was the City Hall renovation plans. ADJOURNMENT The next meeting of the Planning Commission is scheduled for Tuesday, September 2, 1986. There will be no study session on August 19th. Watten moved, seconded by Benson to adjourn the meeting at 8:15 P.M. Respectfully submitted, Patricia Helgesen Planning Assistant - 2 - ORR .SCHELEN. MAYERON & ASSOCIATES, INC. Consult/;"7g Enginet::-s Land SUlveVors August 11, 1986 City of Shorewood 5755 Country Club Road Shorewood, Minnesota 55331 Attn: Mr. Dan Vogt Administrator Re: Project No. 86-3A Seal Coating & Appurtenant Work OSM Comm. No. 033-3829 Dear Dan: Bid Proposals for Project No. 86-3A, Seal Coating & Appurtenant Work, were due today at 11:30 A.M. One bid was received from Allied Blacktop Company. Their bid was below our estimate of $36,210.72. As a result I recommend the job be awarded to Allied Blacktop Company, 10503 - 89th Avenue North, Maple Grove, Minnesota 55369, in the amount of $31,425.90. If you have any questions we will be happy to di scuss thi s wi th you at your convenience. Sincerely, ORR-SCHELEN-MAYERON & ASSOCIATES, INC. ., . ._---.i-.:.:. -~"',...-.., ! . ,; -. ~- :-:::--,. James P. Norton Project Manager JPN: 11 r cc~ Mr. Phil Tipka Allied Blacktop Company 2021 East Hennepin A venue · Suite 238 . Minneapolis, Minnesota 55413 · 612/331- EJ660 Cit~ of ~~~~~~'~'~T~ GATEWAY 2401 HIGHWAY 10 MOUNDS VIEW, MINN. 55112 784-3055 July 21, 1986 City of Shorewood, Administrator 5755 Country Club Road Shorewood, MN 55331 Dear Fellow City Manager/Administrator: During the last ten days I have received many calls from City Managers or Administrators of neighboring cities asking if any assistance can be provided to the City of Mounds View in our effort to have the Williams Pipeline adequately tested prior to its being put back into use. Attached is a copy of Resolution No. 2028 adopted by the Mounds View City Council at their regular meeting on July 14, 1986 outlining the City's position with respect to the testing of that line. Since that time the City has received a report from our metallurgist indicating that the failure was attributable to a lack of fusion weld in the longitudinal weld seam where the rupture occurred. This leads us to believe that any hydrostatic testing of the pipeline could result in the weakening of other longitudi- nal weld seams on the pipe and we have requested that the Office of Pipeline Safety, United States Department of Transportation order Williams Pipeline Company to use other forms of non-destructive testing prior to the hydrostatic testing to determine if any other inadequate welds exist. At the present time, the City of Mounds View is fighting a battle without having any actual jurisdiction in the matter due to the fact that these pipelines are considered to be part of Interstate Commerce and, therefore, regulated solely by the Federal Government. All of our efforts have been concentrated at using the political process, both on the State and Federal level, to place sufficient enough pressures upon the Office of Pipeline Safety to require that adequate testing be done on this pipeline. Any assistance your community might be able to offer us by adopting a resolution of support would be greatly appreciated as it could be used to communicate to Transportation Secretary Elizabeth Dole the fact that this matter is not solely an ~,-issue of concern to the Ci ty of Mounds View. ~