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120886 CC Reg AgP ~ CI1\Y 01"" SHOREWOOD 5755 COUNTRY CLUB ROAD MONDAY, DECEMBER 8, 19~6 COUNCILiCIiAMBERS 6:00 - JOINT EXCELSIOR & SHOREWOOD COUNCIL 7:30 REGULAR COUNCIL Mayor JJ~.'. . '"', 'fl" / I 0" ' P ]I l;ltk is ,~ . "l I J.,J !' N' f,. )..:/ '...y.....'.[f,& Vii ~~lU tJ/;\' Gagne ~' >~ Rascop L/ .... , · Haugen ~ // 1". '. Shaw .' Stover AGE N D A 6:00 JOINT MEETING - EXCELSIOR AND SHOREWOOD COUNCILS 7:30 CALL TO ORDER A. Pledge of Allegiance B. Roll Call 1. APPROVAL OF MINUTES A. Regular Council Meeting - November 24, 1986 (Att. #1 - Minutes) 2. MATTERS FROM THE FLOOR A. Woodhaven Well Discussion B. 3. PLANNING COMMISSION REPORT A. B. 4. PARK COMMISSION REPORT A. B. 7:45 5. PUBLIC HEARING - VACATION OF PORTION OF FERNCROFT DRIVE Applicant: Location: Mark Swedlund Ferncroft Drive (Sunrise Lane) (Att. #5 - Staff Report) -1- ~ CO~CITI AGENDA MONDAY, DECEMBER 8, 1986 page two .,. . 6. CONSENT AGENDA ~ Animal Control Contract Renewal-Midwest Animal Services Inc. (Att. #6A - Memo & Contract) B. 1986 Budget Amendments/Liquor Fund Transfer (Att. #6B - Memos) C. Auditor Appointment Change (Att. #6c - Memo) :I Payment Voucher - Project 84-5 Kenko Inc - Final (Att. #6D - Payment Voucher) E. Payment Voucher - Project 86-1 & 86-2 Latour Construction- Payment 2 (Att. #6E - Payment Voucher) F. Payment Voucher - Project 86-3 Inc. - Voucher Vo1k Truckin & Excavatin (Att. #6F - Payment Voucher) G. Payment Voucher - Project 86-1B E.H. Renner & Sons Inc. 4th and Final I (Att. #6G - Payment Voucher) Election Precincts Boundary Change (Att. #6H - Memo) Moved Second . Vote 7. CORRIDOR STUDY DISCUSSION (Att. #7 -Memo) 8. PRELIMINARY APPLICATION FOR COM~ PLAN AMENDMENT Applicant: Location: Excelsior Farm & Garden 6020 Chaska Road (Att. #e - Staff Report) -2- COUNCIL AGENDA MONDAY, DECEMBER 8, 1986 page three 9. WILD DUCK 2ND INFORMAL DISCUSSION Applicant: Location: Jim Dutcher Outlot A - (Wedgewood Drive) (Att. #9 - Staff Report) 10. PLANNER'S REPORTS A. City Hall/Badger Park Improvement Project Concept Plan B. Near Mountain PUD Status Report C. 11. ATTORNEY'S REPORT A. Curfew Ordinance Discussion B. Prosecution Matters C. LMCD Loan Agreement (Att. #llC - Memo, Loan Agreement, & Reciprocal Agreement) 12. ENGINEER'S REPORT A. B. 13. ADMINISTRATIVE REPORT A. Computer Purchase (Att. #13A - Memo) B. Sewer and Water Budget - 1987 (Att. #13B - Memo, BUdgets) C. Union Update D. CITY OF REGULAR MONDAY, SHOREWO.' . COUNCIL MEETING NOVEMBER 24, 1986 - .. ..., ..".... ~NCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. M I NUT E S CALL TO ORDER The regular meeting of the Shorewood City Council was called to order at 7:30 P.M. Monday, November 24, 1986 in the Council Chambers. PLEDGE OF ALLEGIANCE AND PRAYER Mayor Rascop opened the Regular Council Meeting with the Pledge of Allegiance and a Prayer. ROLL CALL Present: Mayor Rascop, Stover, Gagne, Shaw and Haugen (Haugen arrived at 7:40 P.M.) Staff Attorney Froberg, 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 November 10, 1986 to include correc- tions on pages 3 & 4. Motion carried 4 ayes ( Haugen absent). Gagne moved, seconded by Shaw to approve the minutes of the Special Council Meeting held November 5, 1986, as written. Motion carried 4 ayes ( Haugen absent). MATTERS FROM THE FLOOR Sewer Back-up - Shady Hills Mr. and Mrs. Greg Thompson of 19335 Shady Hills Road and Mr. and Mrs. Bill Ward of 19355 Shady Hills Road, came to the Council to question the responsibility of the City in the. sewer back-up damage to their houses. Administrator Vogt reviewed for the Council the procedures taken by the City Public Works Department to flush out sewer lines. A large grease obstruction was being flushed out from the lines near the Burger King and Arnold's Hamburger restaurants at the time of the sewer back-up. The City attended to the problem and contacted a service to clean out the basements at the time of the occurance. Vogt inspected the homes and submitted claims to the City insurance agent who will then submit the claims to the insurance carrier. The residents have removed the carpeting in their downstairs areas and have begun clean up procedures. Attorney Froberg suggested that the Council make no statements on responsibility until the insurance carrier responds to the claims submitted. Council directed the staff to research previous claims and how they were handled. Engineer Norton explained the jetti.ng .and vaccuming procedures for this type of line clean-up. This procedure has now been completed in this area. -1- I COUNCIL MINUTES. MONDAY, NOVEMBER 24, 1986 page two . Sewer Back-up Shady Hills cont. Mr. Thompson does feel the jettings caused the problems and would like to make sure this doesn't occur again. Rascop stated that the City would get back to them as soon as response is received from the insurance company. PLANNING COMMISSION REPORT Stover referred to the Summary of Motions dated November 18, 1986. She indicated that the Swedlund division was scheduled fora 12/8/86 public hearing to request the vacation of a fire lane adj acent to the property ~j .' /... /. /..: //. /.1 11.,..<"...._'. .....~. "\. / /' / /7 U'~' ..,f) 4l\k(_ ({ A>J IF: '"'</ .;;:, '%.;7 Y '-.--/(.A:.~c/z:~/.~A.., <>2-<- The Commission did not kno',; what rccoffimcndaUon -to give to the request from Larry Reid, to respond according to the current Ordinance or the recommended Ordinance amendment. PARK COMMISSION REPORT Gordy Lindstrom reported that the entrance road to Freeman Park from Eureka Road is completed, and looks good. They have been discussing a dock installation at Crescent Beach with various dock builders and installers. Plans are being obtained from Minnetonka for warming house fa- cilities for possible construction at Manor Park. ZONING ORDINANCE AMENDMENT ORDINANCE NO. 188 ALLOWING EXPANSION OF NONCONFORMING SINGLE-FAMILY DWELLINGS WITHOUT A C.U.P. Stover moved, seconded by Gagne, to accept the 1st reading of this Ordinance, waiving the 2nd reading and adopting the Ordinance as amended. Ordinance adopted by Roll Call Vote - 5 ayes. ZONING ORDINANCE AMENDMENT ORDINANCE NO. 189 REDUCING THE SIDE YARD SETBACK FOR LAKE SHORE LOTS Stover moved, seconded by Gagne, to approve the 1st reading of this Ordinance, to waive the 2nd reading, and adopt the Ordinance as amended, and to include a 30 foot total with a 10' minimum for side yard setback. Motion carried by Ro~ Qall Vote - 5 ayes. LMCD recommended the DNR Shoreline~~~:~~requiring 20 foot setbacks. The DNR will recognize the Cit~s Ordinance. C.U.P. TO EXPAND A NONCONFORMING STRUCTURE RESOLUTION NO. 126-86 DAVID M. SANDERS - 5205 HOWARDS POINT ROAD A request from Mr. Sanders to add a second story room on his pre- sent home was received. His present home is non-conforming due to non-conformance with setback regulations of the R-1A district. Stover moved, seconded by Haugen, to approve the C.U.P. as requested. Motion carried by Roll Call Vote - 5 ayes. -2- COUNCIL MINUTES ... MONDAY, NOVEMBER~4, 1986 page two . Sewer Back-up Shady Hills cont. Mr. Thompson does feel the jettings caused the problems and would like to make sure this doesn't occur again. Rascop stated that the City would get back to them as soon as response is received from the insurance company. PLANNING COMMISSION REPORT Stover referred to the Summary of Motions dated November 18, 1986. She indicated that the Swedlund division was scheduled fora 12/8/86 public hearing to request the vacation of a fire lane adjacent to the property. The Commission did not know what recommendation to give to the request from Larry Reid, to respond according to the current Ordinance or the recommended Ordinance amendment. PARK COMMISSION REPORT Gordy Lindstrom reported that the entrance road to Freeman Park from Eureka Road is completed, and looks good. They have been discussing a dock installation at Crescent Beach with various dock builders and installers. Plans are being obtained from Minnetonka for warming house fa- cilities for possible construction at Manor Park. ZONING ORDINANCE AMENDMENT ORDINANCE NO. 188 ALLOWING EXPANSION OF NONCONFORMING SINGLE-FAMILY DWELLINGS WITHOUT A C.U.P. Stover moved, seconded by Gagne, to accept the 1st reading of this Ordinance, waiving the 2nd reading and adopting the Ordinance as amended. Ordinance adopted by Roll Call Vote - 5 ayes. ZONING ORDINANCE AMENDMENT ORDINANCE NO. 189 REDUCING THE SIDE YARD SETBACK FOR LAKE SHORE LOTS Stover moved, seconded by Gagne, to approve the 1st reading of this Ordinance, to waive the 2nd reading, and adopt the Ordinance as amended, and to include a 30 foot total with a 10' minimum for side yard setback. Motion carried by Roll Call Vote - 5 ayes. LMCD recommended the DNR Shoreline Ordinance requiring 20 foot setbacks. The DNR will recognize the Cities Ordinance. C.U.P. TO EXPAND A NONCONFORMING STRUCTURE RESOLUTION NO. 126-86 DAVID M. SANDERS - 5205 HOWARDS POINT ROAD A request from Mr. Sanders to add a second story room on his pre- sent home was received. His present home is non-conforming due to non-conformance with setback regulations of the R-1A district. Stover moved, seconded by Haugen, to approve the C.U.P. as requested. Motion carried by Roll Call Vote - 5 ayes. -2- COUNCIL MINUTES ~ MONDAY, NOVEMBER 24, 1986 page three ~ C.U.P. TO EXPAND A NON-CONFORMING STRUCTURE AND C.U.P. FOR ACCESSO~Y STRUCTURE OVER 1000 SQUARE FEET IN AREA RESOLUTION NO. 127-56 LARRY REID - 27750 ISLAND VIEW ROAD Mr. Reid has requested a C.U.P. to expand a non-conforming structure that does not currently meet the side line setbacks of the district. Stover moved, seconded by Shaw, to approve the C.U.P. to expand this non-conforming structure. Motion carried by Roll Call Vote - 5 ayes. Gagne moved, seconded by Rascop, to approve the C.U.P. to expand an accessory building over 1000 square feet. Motion carried by Roll Call Vote - 5 ayes. C.U.P. AND SETBACK VARIANCE TO EXPAND A NON-CONFORMING STRUCTURE FRANK FALLON - 1050 HOLLY LANE Mr. F~lon has made a request for a C.U.P. to add onto a non- conforming structure due to the fact that does not meet current side yard setback regulations. He also needs a l' variance to expand the addition into the lake side setback. Rascop questioned a tennis court on the proposed site plan. This court was placed on an old site plan and does not exist nor is it proposed. Haugen requested the staff to research the previous division for any conditions that may have been put on the division approval. Stover moved, seconded by Shaw, to approve the C.U.P. and variance request as submitted, omitting the tennis court from the site plan and subjec1 to no restrictions being placed on the division that would prohibit this request. Motion carried - 5 ayes. C.U.P. SPECIAL HOME OCCUPATION RESOLUTION NO. 129-86 ERIC C. JACOBSON - LAKE SHORE- POOL AND SPA - 6055 RIVIERA LANE Mr. Jacobson has presented a request to operate his pool business from his home. This request includes only design and bookkeeping with storage of materials to be inside only. All construction of the pools are on the site of the clients. Shaw moved, seconded by Haugen, to approve the Home Occupation permit subject to the conditions of the Ordinance. Motion carried - 5 ayes by Roll Call Vote. C.U.P. FOR A SPECIAL HOME OCCUPATION RESOLUTION NO. 130-86 TERESA VAN STRAATEN - 25445 SMITHTOWN ROAD Gagne moved, seconded by Stover, to recommend approval of a Home Occupation permit to operate a I-chair cosmetology service in her home as recommended by the Planning Commission and in accordance with the Ordinance. Motion carr~ed - 5 ayes - by Roll Call Vote. ORDINANCE NO. 190 REZONING - MARILYNWOOD 2ND ADDITION Joe Gorecki, representing property owners John McCartney & Gene Clapp in their request to rezoning the property, proposed as Marilynwood 2nd Addition to an Rl~C from the current RI-A district. -3- COUNCIL MINUTES. MONDAY, NOVEMBER 24, 1986 page four . REZONING - MARILYNWOOD 2ND ADDITION-cont. Planner Nielsen reviewed the rearrangement of the road and added landscaping from the proposed plan submitted. Engineer Norton re- viewed the need for the grading plan to include drainage easements, street grade to.be 8% or less, storm sewer drainage, wetland storage and added drainage outlet to the South West. Stover moved, seconded by Gagne, to approve the rezoning from RI-A to R-IC as a transitional zone for the area. Ordinance amendment approved by Roll Call Vote - 5 ayes. MARILYWOOD 2ND ADDITION - PRELIMINARY PLAT APPROVALS RESOLUTION NO. 133-86 Stover moved, seconded by Gagne, to approve the amended plat in accordance with the Planner's recommendations. Motion carried by Roll Call Vote - 5 ayes. Engineer Norton would like to see building pad elevations on the grading plan. FENCE HEIGHT VARIANCE PAUL KAKACH - 5965 GRANT STREET Stover reported on the need for the fence to separate the two properties. Shaw moved, seconded by Stover, to approve the 6' fence set 2' inside the property line for the purpose of maintenance. Motion carried - 5 ayes - by Roll Call Vote. RESOLUTION NO. 134-86 ZONING ORDINANCE AMENDMENT ORDINANCE NO. 191 ALLOWING ALL CONDITIONAL USES IN THE C-l DISTRICT AS CONDITIONAL USES IN THE C-3 DISTRICT Haugen moved, seconded by Gagne, to include "C-l and" to Sec. 200.22 Subdivision 4a. of the Shorewood Zoning Ordinance. This will allow all Conditional uses as are currently allowed in the C-l District. Also to accept the 1st reading, waive the 2nd reading and adopt the Ordinance amendment. Motion carried by Roll Call Vote - 5 ayes. ZONING ORDINANCE AMENDMENT ORDINANCE NO. 192 MODIFYING REQUIREMENTS FOR LIMITING OUTDOOR STORAGE FACILITIES TO ACCESSORY USES Shaw moved, seconded by Stover, to accept the 1st reading, waive the 2nd reading and adopt tte Ordinance amendment as submitted. Motion carried - 5 ayes - by Roll Call Vote. PLANNERS REPORT Building Permit - Lundgren Bros. Mike Pflaum of Lundgren Bros. Construction has requested a building permit for a lot in the undeveloped Chestnut Ridge lOth Addition. This will be a display model with no utilities ser- vicing the property at this time, no occupany permit will be issued. -4- COUNCIL MINUTES . MQNDAY, NOVEMBER 24, 1986 page five . PLANNERS REPORT - cont. Building Permit - Lundgren Bros. - cont. Haugen moved, seconded by Gagne, to issue a building permit for the N. W. Corner of Outlot C subject to no occupancy permit issued until the lOth Addition has been platted and all utilities are connected. Also to withhold 1 building permit from Chestnut 9th Addition for the completion of the utilities and platting of the 10th Addition. Motion carried - 5 ayes. ATTORNEYS REPORT Eureka Road Drainage Easement The appraisal has not been completed on the Majestic property at 5840 Eureka Road. Froberg was told it will be completed this week. SE Area Water Tower Site Attorney Froberg reviewed the legal steps that need to be taken in order for Shorewood to obtain a clear and final title for the proposed water tower site. Council questioned whether the City or MnDot should be dealing with the legal action to obtain a por- tion of the land for the tower site on MnDots highway easement. Gagne is in favor of negotiating with Trivesco to get land with a clear title. He felt it would be quicker and not cause a delay in developing the SE Area when the 90 connections allowed by Minnetonka to their water system have been completed. Council directed the Administrator to discuss the possible pur- chase of a water tower site. Motorized Golf Cart Ordinance - 2nd Reading Council discussed the 2nd reading of the Golf Cart Ordinance. This Ordinance has been suggested by the City of Greenwood to the police department but they had no individual need in mind at this time. Haugen moved, seconded by Gagne, to table it indefinitely until a need occurs. Motion carried - 5 ayes. Juvenile Curfew,Ordinance - 2nd Reading Council discussed the 2nd draft on the Ordinance. They questioned the current curfew in Ordinance No. 5 and if it could be amended by changing the age listed. Officer Litsey is in support of the new Ordinance draft and feels that uniformity with the other cities is important. Gagne moved, seconded by Rascop, to accept the 2nd reading of the Ordinance as amended. il,Motion was denied- 2 aYE1fl (Rascop & Gagne) to 3 nay II It) Haugen moved, seconded by Rascop, to accept the~ading as amended for further discussion at the next coundfiUM~~ting. Motion carried - 5 ayes. -5- COUNCIL MINUTES ~ MONDAY:, NOVEMBER~, 1986 page six . ATTORNEYS REPORT - cont. Temporary Sign Cap Ordinance Review Attorney Froberg submitted a draft Sign Capping Ordinance as di- rected. Vogt questimned who would do the functions of hooding the signs, permits, collecting deposits etc. Council questioned the Ordinance creation versus setting a policy to regulate the proposed capping. Shaw felt that the No Parking Signs are placed because there is a traffic problem and that problems will still exist if the parking is allowed even on a temporary basis. Haugen moved, seconded by Gagne, to table this Ordinance. Motion carried - 5 ayes. ADMINISTRATIVE REPORT City Hall House Administrator Vogt received a request from an area resident to rent the City Hall house. His home was recently burned. Council stayed with their original decision not to rent out the house. The concept plan will be completed soon. Labor Grievance Members of the Public Works Department have requested a higher rate of pay for clean up on the recent sewer back-up. The City has denied that request and the employees are now proceeding with the grievance procedure. Temporary Assignment of Assistant Public Works Director Dan Randall has been assigned the A@sistant for December 26-28 in the absence of Don Zdrazil. This position will be rotated among the qualified staff as needed. This is in agreement with the Union. The duties will be listed. Corridor Study The Corridor Study will be discussed at the December 8, 1986 Council Meeting. Vogt will notify the press of this agenda item. MAYOR'S REPORT The LMCD has met, .wi th the Legislature regarding the organization of the LMCD Board. The issue of Liquor licensing of charter boats on the Lake was discussed. Further discussion will be done to fine tune the regulations. COUNCIL REPORTS Sewerline Maintenance Vogt informed the Council that the sewer lines have been completed, flushed, and a schedule of cleaning is being set up. The grease traps near commercial areas will be inspected regularly. New hose has been ordered for the sewer line flushing equipment. -6- COUNCIL MINUTES ~ MONDAY, NOVEMBE~, 1986 page seven . COUNCIL REPORTS - cont. Appointment of Dave Cochrane to the Minnehaha Creek Watershed District Rascop moved. seconded by Gagne, to Dave Cochrane to the Minnehaha Creek carried by Roll Call Vote - 5 ayes. Finance Committee Dissolved Stover moved, seconded by Gagne, to dissolve the Finance Committee and create a Financial Advisory Board at the recommendation of the Finance Committee. Motion carried - 5 ayes. The purpose of this Board would be to advise on only specific projects as requested and budget procedures. Policies for setting up this board will be submitted to the Council for approval. Appointment of Advisory Board Members Rascop moved, seconded by Gagne, to appoint the following members to the new Advisory Board effective 12/31/86: John Bridge Edward Snyder David Lawrence William Bohnhoff RESOLUTION NO. 132-86 endorse the reappointment of Watershed District. Motion Motion carried - 5 ayes. Invitation to Excelsior to Attend Corridor Study Review Haugen would like to have the staff send congratulations to all newly elected officials in the surrounding cities. The Council extended an invitation to the City of Excelsior oto attend the December 8, 1986 Council Meeting from 6:00 - 7:00 to jointly review the Corridor Study. Congratulations to Larry Blackstad - Hennepin County Council directed a letter be sent to Larry Blackstad, CDBG coordinator for Shorewood for his new appointment to the National Association of County - Community Development Directors. Vogt informed the Council of a tree removal reimbursement through Blackstad that had not been anticipated. Planning Commission Party A small party will be held at the Planning Commission Meeting scheduled for December 2, 1986 in appreciation of Frank Reese's 16 years on the Planning Commission. -7- COUNCIL MINUTE~ MONDAY, NOVEMBER 24, 1986 page eight . APPROVAL OF CLAIMS AND ADJOURNMENT Rascop moved, seconded by Gagne, to adjourn the November 24, 1986 Council Meeting at 11:37 P.M. subject to approval of claims. Motion carried unanimously,- 5 ayes. General Fund - Acct. # 00-00166-02 Checks #32752 ~ 32807 = Checks #200779 - 200797 = Total = $113,493.23 8,277.28 $1~1,770.51 Liquor Fund - Acct. # 00-00174-02 Checks # 5053 - 5089 ~ Checks # 200798 - 200810 $ 41,782.41 2,975.11 RESPECTFULLY SUBMITTED, Mayor Rascop Sandra L. Kennelly City Clerk SLK/slt -8- ~ CHECK NO 32752 32753 32754 32755 32756 32757 32758 32759 32760 32761 32762 32763 32764 32765 32766 32767 32768 32769 32770 32771 32772 32773 32774 32775 32776 32777 32778 32779 32780 32781 32782 32783 32784 32785 32786 32787 32788 32789 32790 32791 32792 32793 32794 32795 32796 32797 32798 32799 32800 32801 32802 32803 . . GENERAL FUND - BILLS PAID SINCE NOVEMBER 19, 1986 TO WHOM PAID Ziegler, Inc. City of Minnetonka Michael Newberg Arthur Johnson Shirlee Feay Nat'l City Bank Norwest Bank of Mpls. Evelyn T. Beck Kathleen G. Schwankl Public Empl. Retire. Assoc. State Treas. Soc. Sec. Fund D.O.E.R. - S.S. RET. DIV. The Bank Excelsior Commissioner of Revenue ICMA Retirement Corp. City-County Credit Union Child Support Enforce. Unit AmeriData Systems, Inc. Armor Security Inc. Associated Asphalt, Inc. AT&T Calif. Contract. Supplies Dock & Lift Distribution Rolf E.A. Erickson General Communications, Inc. Hennepin Cty Treas. H.C. Mayer & Sons Matthias, Roebke & Maiser Metropolitan Waste Ctrl Ctr Midwest Asphalt Corp. Miller/Davis Company Minnegasco Minnesota Daily NSP Northwestern Bell Photo Factory Shorewood Tree Service S.L.M.P.S.D. Sterling Fence, Inc. Tonka Printing Co. Waste Mgmt - Savage Woodmaster Homes & Found. MN Mutual Life Ins. Co. Mary Ann Meyer U.S. Postmaster Plehal Blacktopping Medcenters Health Plan Robert Rascop Jan Haugen Tad Shaw Robert Gagne Kristi Stover PURPOSE Equip Maint - Public Water Purchase ~ 3rd Reimb. Overcharge of II " " Works Qtr. '86 Spec. Assess. " " " " " " " GO Sewer Impr. dtd 12-1-71 Bond Payment - Sewer S-A 6-1-72 Mtgs & Mileage - 11/9 thru 11/22/86 Mileage- 11/19/86 NMS User's Mtg. 11/22/86 payroll - PERA " "- FICA " "- Medicare " "- FWH " "- SWH " "- ICMA " "- Credit Union II "- Income W/H Computer Paper - City Hall Equip Maint - City Hall Redi-Mix Asphalt - Streets Telephone Servo - City Hall Tarp/Grinding Wheels - Public Works Swim Floats/Poly Rope - Parks November, 1986 Assessing Fee Repair Radio Antenna - Public Works Prisoner Expense - October, 1986 Regular Gas/Diesel Fuel - Public Works July and August, 1986 Financial State. Sewer Service Charges - December, 1986 Tack Oil - Street Repair Legal Forms Utilities - City Wide Help Wanted Ad - Rink Attendant City-Wide Electricity Telep. Servo - City Hall/Public Works Slide Film - Proto Insp. Brush Removal Court Overtime/December Budget '86 Back Stop - Cathcart Hockey Rink Paper/Envelopes/Newsletter Garbage Removal - City Hall DFI Construction Manual - Prot Insp Empl. Accident/Sickness Ins.- Dec. '86 House Purchase - City Hall 3rd Qtr. '86 Utility Billing Postage Asphalt Patching & Paving Empl. Health Ins. - Dec. '86 December, '86 Mayor's Salary II " Council Salary " "" II II " " II " II " " - 1 - AMOUNT $ 704.61 797.65 429.78 202.20 115.95 28,785.00 21,603.40 43.06 12.18 1,196.25 2,073.46 3.44 1,554.45 691.42 836.00 32.00 140.50 63.32 72.00 703.96 23.25 245.17 50.95 1,650.00 20.08 732.50 817.40 640.00 18,660.77 251. 80 13.24 448.92 11. 20 358.87 330.25 24.44 260.00 24,532.94 325.00 179.95 74.00 10.60 102.62 1,055.00 171. 84 266.00 444.55 150.00 100.00 100.00 100.00 100.00 " CHECK NO 32804 32805 32806 32807 ';'. --. GBRERAL FUND - BILLS PAID SINCE NOVEMBER 19, 1986 TO WHOM PAID Metropolitan Waste Ctrl Dave Werts - MPELRA Ehlers and Associates, Inc. Excelsior Bay Yacht Club PAYROLL CHECK LIST 200779 200780 200781 200782 200783 200784 200785 200786 200787 200788 200789 200790 200791 200792 200793 200794 200795 200796 200797 VOID Daniel J. Vogt Sandra L. Kennelly Susan A. Niccum Shelly L. Trinka Norma E. Hogle Patricia Hannum Maggie Kelly Evelyn T. Beck Kathleen G. Schwankl Bradley J. Nielsen Patricia R. Helgesen Bradley J. Nielsen Charles S. Davis Dennis D. Johnson Daniel J. Randall Howard Stark Ralph A. Wehle Donald E. Zdrazil PURPOSE November, 1986 - SAC eharges Bargaining & Business Mtg. Mtg - Municipal Finance Appreciation Dinner - Tad Shaw SUBTOTAL VOID 80 hrs 80 hrs 80 hrs 80 hrs Election Judge - 12 hrs " " " " - 32.5 hrs 80 hrs 88 hrs 80 hrs 64 hrs Motor Vehicle Allowance 80 hrs 85.5 hrs 86 hrs 80 hrs 80 hrs 80 hrs SUBTOTAL TOTAL -2 - AMOUNT $ 470.25 25.00 23.00 663.01 $113,493.23 - 0 937.28 705.95 450.44 320.76 40.20 9.24 107.30 315.60 557.93 747.78 441 . 72 102.36 401.13 647.31 652.00 540.80 519.31 780.17 $ 8,277 .28 $121,770.51 ~ l CHECK NO 5053 5054 5055 5056 5057 5058 5059 5060 5061 5062 5063 5064 5065 5066 5067 5068 5069 5070 5071 5072 5073 5074 5075 5076 5077 5078 5079 5080 5081 5082 5083 5084 5085 5086 5087 5088 5089 . . LIQUOR FUND - BILL~PAID SINCE NOVEMBER 19, 1986 TO WHOM PAID Internal Revenue Servo BellBoy Corporation Coca-Cola Bottling Midwest Eagle Distributing Co. Griggs, Cooper & Co. Intercontinental Pkg. Co. Johnson Bros. Wholesale Liq. MN Victoria Oil Co. MN Suburban Newspapers, Inc. Northwestern Bell NSP Old Dutch Foods, Inc. Quality Wine & Spirits Co. Paustis & Sons Ed. Phillips & Sons Co. Pogreba Distributing, Inc. Prior Wine Co. RBKS Corporation/Nelson Twin City Wine Co. Waste Mgmt - Savage City Of Shorewood MN Mutual Life Ins. Co. Ryan Properties, Inc. Harry Niemela AT&T Consumer Products Div. Eagle Distributing Co. Griggs, Cooper & Co. Intercontinental Pkg. Co. Johnson Bros. Wholesale Liq. MN Bar Supply, Inc. Minnegasco NSP Ed. Phillips & Sons Prior Wine Co. Quality Wine & Spirits Co. Twin City Wine Co. Was te Mgmt. - Sa'\rage PAYROLL CHECK LIST 200798 200799 200800 200801 200802 200803 200804 200805 200806 200807 200808 200809 200810 Russell R. Marron Robert F. Nash Christopher Schmid Donald Tharalson Ross Nasset John F. Thompson John F. Josephson William F. Josephson Susan M. Latterner Steven D. Maeger Christopher J. Meyer Dean H. Young Joel S. Bovee PURPOSE Special Tax Return for Registry Liquor Purchases Pop Purchases Liquor/Wine Purchases Liquor Purchases Wine Purchases Wine Purchases Fuel Oil Advertising Telephone Serv/Advertising Utilities l-Usc. Purchases Wine Purchases " " Wine/Liquor Purchases Beer/Mise Purchases Wine/Pop Purchases Shipping Expense - Wine/Liquor Wine Purchases Garbage Removal 11/22/86 Payroll Reimbursement Employee Ace/Sickness Ins. - Dee '86 December, 1986 Rent December, 1986 - Rent Telephone Service Liquor/Wine Purchases Liquor/Pop Purchases Wine Purchases Wine Purchases Mise Purchases Utilities Utilities Liquor Purchases Wine Purchases Wine/Liquor Purchases Wine Purchases Garbage Removal TOTAL 80 hrs 36 hrs 35 hrs 8 hrs 28 hrs 17 hrs 40 hrs 80 hrs 36 hrs 72.5 hrs 42 hrs 80 hrs 23 hrs TOTAL AMOUNT 108.00 6,068.97 611.40 7,418.85 532.64 1,776.54 3,892.79 82.55 132.50 135.88 78.36 135.31 676.79 417.24 1,206.15 1,176.10 352.94 83.50 1,055.17 56.00 4,081.71 21. 99 1,765.00 970.00 17.45 3,692 .13 656.72 343.63 358.93 124.74 176.37 100.12 478.97 1,401. 53 1,423.54 114.90 57.00 $ 41,782.41 490.20 174.60 134.21 39.32 131. 00 82.45 164.81 524.56 142.99 308.02 188.58 482.82 111.55 $ 2,975.11 ., . . 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: 5 NOVEMBER 1986 RE: FERNCROFT - PRELIMINARY PLAT FILE NO.: 405 (86.51) BACKGROUND Mr. Mark Swedlund has requested approval of a preliminary plat to subdivide the property located between Ferncroft Drive and Lake William (see Site Location map - Exhibit A, attached) into four lots. Since part of the property included in the plat is separated from the main parcel by the undeveloped right-of-way of Ferncroft Drive (a.k.a. Sunrise Lane), he has also requested that the City vacate that portion of the r.o.w. The property in question contains approximately four acres, of which nearly one- half is within Lake William. It is currently zoned R-1D (also subject to Shoreland District requirements), and is occupied by a single-family dwelling. ISSUES/ANALYSIS Proposed Street Vacation. The proposed four-lot plat (shown on Exhibit B) is entirely dependent on the City vacating the easterly 265 feet of Ferncroft Drive. He makes this request despite being advised that the r.o.w. in question is classi- fied as a fire lane in Shorewood's Zoning Ordinance, and that only six months ago the City made a conscious decision not to vacate any of the fire lanes. Based upon that position the plat is not acceptable and should be modified accordingly. Until a decision is made relative to vacating the street, any decision on the plat is considered to be premature. Vacation of the street requires a separate proceding, and legal notice of a public hearing must be published twice in the official newspaper. This hearing will be scheduled as soon as the applicant submits a separate legal description for the portion of the r.o.w. to be vacated. A Residential Communitvon Lake Minnetonka's South Shore <.--' .[ o . . Re: Swedlund, Mark-Pre. Plat 5 November 1986 It should be realized that the parcel of land-south of the existing r.o.w. is of little or no value to the applicant if the st~eet is not vacated. With only 40 feet of width it is not a buildable lot by -itself. Preliminary Plat. As, mentioned above, the plat is not considered acceptable unless the City vacates the fire lane. In the event that the City does change its position and vacates the r.o.w. the following comments are offered relative to the proposed plat. Possibly they will have some bearing on the vacation request. 1. Lot Area. The plat shows all four lot lines extending into Lake William. While in the past, this was fairly common practice, it is no longer considered acceptable. Fortunately the applicant's surveyor has also provided the lot areas excluding any area below the waterline. The minimum lot area shown is 15,000 square feet for Lot 2. Lot 4 is the largest, containing 23,800 squ~re feet. The average lot size is 18,900 square feet. These lot areas conform to the 15,000 square foot requirement of the R-1D/S zoning district. 2. Lot Width. The Ordinance requires that lots ,have a minimum width of 80 feet, as measured at the building line (front setback line). Following are the widths for each lot: Lot 1 - 125 feet (along Minnetonka Boulevard) Lot 2 - 104 feet Lot 3 - 90 feet Lot 4 70 feet As proposed, Lot 4 would require a 10 foot variance. It is possible, however, that the lot lines could be adjusted to achieve an 80 foot setback on each lot. It is important to note that the applicant has shown typical houses located on each lot. Lots 3 and 4 are shown though with side yard setbacks of less than 20 feet - the current setback requirement. If, after holding a public hearing on 18 November, the City reduces the side yard setback for lakeshore lots, this will no longer be an issue. 3. Existing House. The lot containing the existing house shows 20 feet between the house and the easterly lot line. Since that lot is a corner lot, the east end of the lot is the rear - where a 35 foot setback is required. Undoubtedly the applicant will argue that the house is oriented to Ferncroft Drive, and the east end of the lot should be considered a side yard. It is doubtful that the lots could be rearranged to achieve the 35 foot setback. Lot 2 is already at the minimum area requirement, and Lots 3 and 4 are at the minimum width requirement. Given that the R-1D District was created primarily to recognize existing develop- ment, it is questionable whether any further reduction in lot sizes or setbacks should be allowed. li, however, the City is inclined to grant any variance, the setback variance for the existing house would be m~re acceptable than reducing the size of Lot 2. - 2 - .. . Re: Swedlund, Mark-Pre. Plat 5 November 1986 4. Ferncroft Drive. This report would be remiss if it did not point out that, at 33 feet, Ferncroft Drive is substandard in terms of r.o.w. width. In mos.t cases it would be recommended that the City attempt to acquire additional r.o'.w. to bring the street up to, or closer to, current standards (50 feet is required). To do so in this case, however, would have serious implications relative to the platting of the property - even if the number of lots were reduced to three. First, the existing house is already nonconforming in that it is only 15 feet from the street. Acquisition of additional r.o.w. would make it considerably more nonconforming. Secondly, due to the shallow depth of the site, additional r.o.w. would virtually make it unbuildable. Based on these factors, it is recommended that the City require an additional 10 foot easement along the street side of each lot rather than additional r.o.w. RECOMMENDATION Not knowing what decision will be made relative to vacation of the street r.o.w., it is difficult to make a recommendation at this time. The Planning Commission may wish to make a recommendation to the Council relative to the street vacation issue. Once the vacation issue has been decided the applicant should be directed to modify his plat, reflecting the outcome of that decision and the comments contained herein. BJN:ph cc: Dan Vogt Glenn Froberg Jim Norton Mark Swedlund - 3 - 106 ~t::J '. ~O ~f\)\ ~ l~ <'00) (50'-1 ... tJcw'th , "=t#J' PART OF r 'AIRVIEW VACATED , ,.............. ~4 :3 2 ~I ~o ,. N' , 151'4 . ';'~ l~ I ~ .. 9 C)/ ., plat .,~ ,/ . r t r \ \ \ \ \ \ \ \ \ \ \ \ <= . '2.0e. , 4-b~ \c:.~ "'" ~ ~v~ ., . ~~ .,. \,f>..'f.<t:. 0 ! 0 \ \ \ \ \ \ \ \ ~ (. '0 ~ IT NtM31 LOT 1 LOT 2 LOT 3 LOT 4 MINNETON GENERAL i GROSS AR NUMBER 0 ( AVERAGE F MINI~, TOPOGRAP EXISTING ORA I NAGE BEING 10 ADJOININ \ + .;: &.- A II thet pert of- the I end enl cross I ng the presl ses here I na' lIne end 300 teet north of er descr Ibed, together with the said above mentIoned premIses Northerly lIne of the rIght of 3/7 feet west of the east I In. -..... .... Exhibit B PRELIMINARY PLAT t'P . . , CITY OF SHOREWOOD MAYOR Robert RIscop COUNCI L Jen Heugen Ted Shlw Kristi Stover Robert Glgne ADMIN ISTRA TOR Daniel J. Vogt 5755 COUNTRY CLUB ROAD . SHOREWOOD. MINNESOTA 55331 . (612) 474-3236 DATE: Mayor and Councilmembers Dan Vogt .JJ{f December 1, 1986 MEMO TO: FROM: SUBJECT: Animal Control Contract Attached to this memo you will find the propsed 1987 contract for animal control services from Midwest Animal Services, Inc. The only change in the proposed contract versus the existing contract is that the boarding fee will increase from $7.00 per day to $7.50 per day. 1 checked with some cities in the surrounding area regarding animal con- trol services. It appears as though the cities are staying with Midwest. However, Chanhassen and Chaska are handling animal control by hiring a Community Services Officer through their Department of Public Safety. The SLMPSD coordinating committee may wish to look into this if a change in animal control service is desired. Those of us that have worked with Midwest on a day-to-day basis are very pleased with the services we are receiving. Therefore, staff recommends acceptance of the Animal Control Contract wit~ Midwest Animal Services, Inc. for 1987. Please note that if something occurs during the year whereby the City would wish to cancel the contract, 30 day notice is required. So, even though the contract is for 1987, in reality, it is possible to ter- minate upon 30 days notice. Please contact me if you have any questions prior to the meeting on Monday night. DJV/slt cc: Richard Stenberg Sandy Kenne lly Sue Niccum Ev Beck Attachments A Residential Community on Lake.Minnetonlctl's South Shore ANIMAL SERVICES. INC. 3228 NOBLE AVE. N. GOLDEN VALLEV.I\IlN55422 (612) 521-7686 MIDWES' . November 18, 1986 Dan Voght City of Shorewood 5755 Countryclub Road Shorewood, MN 55331 Dear Dan: The current animal control contract between Midwest Animal Services and your city will expire on December 31, 1986. Therefore, I am enclosing a proposed new contract to provide animal control services through December 31, 1987. Provisions of the new contract are substantially the same as those of the present contract, however there is a change in the board fee, $7.00 per day to $7.50 per day. Midwest Animal Services has enjoyed an excellent relationship with you, your police Department and your community. This relationship is certainly a factor in our ability to provide you with a successful animal control program. I look forward to working with you in the future and invite any questions or comments you may have on the proposed contract. Our new number is 521-5026. Sincerely, o?4lJ ~ Richard Stenberg President, Midwest Animal Services . . ,. - ANIMAL CONTROL CONTRACT - This agreement made this day of by and betweeen Midwest Animal Services, a Minnesota Corporation, hereinafter referred to as "MIDWEST"; and the City of Shorewood, a Municipal Corporation located in the County of Hennepin, and the State of Minnesota, hereinafter referred to as "CITY", witnesseth: In consideration of the covenants and agreements hereinafter set forth, it is mutually agreed by and between the parties hereto as follows: 1. This agreement shall be effective as of January 1st, 1987 and shall continue in effect until December 31st, 1987 unless cancelled pursuant to Paragraph 15. 2. MIDWEST agrees to patrol the public streets of the CITY in a vehicle especially designed for the transportation of small animals, in accordance with a schedule agreed upon by both parties. The vehicle shall have proper identification displayed on two sides including the words "Midwest Animal Services". MIDWEST further agrees to insure, service and maintain said equipment. 3. MIDWEST agrees that patrolling shall be done by competent personnel trained in the handling of animals, and that such employees shall be approved by the CITY. Said employees shall perform their duties only while in proper uniform and shall wear identification to indicate employee's name, title, and place of employment. 4. The CITY shall authorize MIDWEST to apprehend and retain dogs, cats and other animals, and/or issue citation tags for violations of the CITY Ordinances. However, MIDWEST will not invade private property contrary to the wishes of the owner of said property nor forcibly take an animal from any person without the approval and assistance of a peace officer of the CITY. 5. In addition to the regular hours of patrolling referred to, MIDWEST agrees to maintain one (1) vehicle for standby service to attend to cases outside regular patrol hours at the specific request of the CITY's Police Department. MIDWES~ shall respond immediately to any call involving a bite case or injured animal reported through the Police Department or City official. 6. MIDWEST represents and agrees that all animals impounded shall be kept at the Chanhassen Veterinary Hospital, 440 West 79th Street, Chanhassen, Minnesota 55317. MIDWEST agrees and warrants that all animals impounded shall be kept in a comfortable and humane manner for a period required by the CITY Ordinance. MIDWEST agrees that the facilities shall be open and available to reclaim animals from Sa.m. to 5:30p.m. Monday tht1J Friday and 8am to 12pm on Saturdays. It is mutually agreed that MIDWEST may temporarily board at an emergency facility if access and/or treatment is not immediately available at the contract facility. If an animal is picked up with an official ID tag, Midwest will make every reasonable effort possible to contact the owner. . . Animal Control Contract, Page 2 of 3 7. At the time that an animal impounded under this contract is reclaimed, MIDWEST or its agent shall collect the impounding fee and boarding charges as provided by CITY Ordinance. MIDWEST shall furnish monthly reports to the CITY as required as to the service or services rendered in connection with each animal impounded. All-impounding fees, license fees and/or any other penalty fees collected by MIDWEST or its agent shall be remitted to the CITY. 8. When an animal is impounded and boarded by order of the CITY Health Officer or placed under quarantine by ruling of the State Board of Health, said animal shall be boarded as required by said order or ruling. At the end of such period, the CITY releases all of its interests, rights and control over said animals which may then be disposed of at the discretion of MIDWEST. In the event that any dogs, cats, or other impounded animals are unclaimed after five (5) regular business days from the date on which they were taken into custody, said animals may be offered for sale to private individuals or disposed of by euthanasia, or in accordance with M.S. Section 35.71, Subd. 3. All proceeds from the disposition of such animals may be retained by MIDWEST, including any proceeds received from any animals disposed of in accordance with M.S. Section 35.71, Subd. 3. 9. The CITY shall furnish to MIDWEST any special forms or receipts specified in the Ordinance and MIDWEST shall keep records of all animals impounded together with a description of the same. 10. MIDWEST shall assume liability for all harm to animals due to its negligence or that of its employees in not properly caring for the same, and agrees to defend any lawsuits arising therefrom. MIDWEST shall defend, indemnify and hold the CITY harmless including its officers, employees, or agents from any and all claims, suits, losses, damages, or expenses on account of bodily injuries, sickness, disease, death and property damage including injury to animals as the result of, or alleged to be the result of MIDWEST's animal control operation. Upon request, MIDWEST shall provide the CITY proof of public liability insurance, including comprehensive automobile liability, in an amount of at least $200,000 per each claimant and $500,000 per occurrence. 11. The CITY agrees to pay. MIDWEST for services in the performance of this contract as follows: A) Price per hour - per vehicle for scheduled patrol based on actual time in service for the CITY..................$19.10 B) Price per call - per vehicle for unscheduled service during regular working hours of 7 a~m. to 5 p.m. weekdays.....$22.50 C) Price per call - per vehicle for service during other than scheduled or regular working hours.......................$33.75 D) Price per animal - for each DAY or fraction thereof for boarding any species of animals impounded by direction of CITY officials or local ordinance...........................$7.50 .. . Animal Control Contract, Page 3 of 3 E) Price per animal - for euthanasia and disposal of animals........$15.00 F) It is agreed that if the designated boarding facility or euthanasia/ disposal service becomes unavailable, CITY shall pay MIDWEST its at cost fees for boarding and/or euthanasia/disposal at a mutually agreed upon facility. 12. CITY shall pay a fixed veterinary bill in the amount of $20.00 per animal for unclaimed animals requiring veterinary attention. Owners claiming their animals shall be charged the veterinary bill in its entirety. 13. All payments shall be made by the CITY upon receipt of monthly statements by MIDWEST. 14. MIDWEST agrees that during the period of this contract it will not, within the State of Minnesota, discriminate against any employee or applicant for employment because of race, color, creed, sex, national origin, or ancestry and will include a similar provision in all subcontracts entered into for the performance hereof. This paragraph is inserted in the contract to comply with the provisions of Minnesota Statutes 181.59. 15. Either party hereto may cancel this contract after thirty (30) days written notice thereof to the other party. IN TIm PRESENCE OF: C\~~~ Midwest Animal Services BY~}D.~l . President IN THE PRESENCE OF: City of Shorewood BY ,--- . . CITY OF SHOREWOOD MAYOR RobertReacop COUNCIL Jan Hauglln Ted Shew Kristi Stover Robert GlIgM ADMINISTRATOR Daniel J. Vogt 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 . (612) 474-3236 MEMO TO: Mayor and Councilmembers Dan Vogt ~ December 3, 1986 FROM: DATE: SUBJECT: Budget Amendments/Liquor Transfer Budget Amendments You may recall that over the course of the year certain expenditures have come before you for approval. It was stated at the time that these expendi- tures would be handled by budget amendment later in the year. The time has come to make said amendments. The amendments and amounts are listed on the attached memo from Ev Beck. Excess revenues more than cover the funds needed to allow for the amendments. Excess revenues are found in areas such as building permits, court fines, subdivision fees and other non-business fees. Although this is a partial listing of excess revenue areas, these items will cover the amendments. Because you have already approved the expenditures listed, staff recommends approval of the amendments including expenditures of the Engineer or Attorney for the Corridor Study as indicated on the memo from Ev Beck. This item appears on your Consent Agenda for your deliberation. If it is your deter- mination to accept the staff recommendation, the minutes will show that the amendments have been approved and will also show the amounts and reason for amendment. Liquor Transfer The 1986 General Fund calls for a transfer from the Liquor Fund in the amount of $ 5,000. This transfer is now recommended for approval. This item appears on the Consent Agenda ~ith the recommended budget amendments for your consideration. If approved, the minutes will reflect said approval and the amount of transfer. Please contact me prior to Monday night if you have any questions. DJV/slt cc: Ev Beck A Residential Community on Lake Minnetonka's South Shore . /.__ /,7 (4:7,] .(' ';::L0...l . . MAYOR Robert Raseop 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 MEMO TO: DAN VOGT FROM: EVELYN BECK RE: 1986 BUDGET AMENDMENTS DATE: 12/3/86 The items for amendment need to be individually listed in the minutes as approved by Council. Codes Amendment Estimated Cost Funds From 5135 Corridor Study 5,000 * 5126 Logo Pins 700 Sale of Pins 5208 Admin. Ins. 2,500 * 5235 Labor Relations 5,000 * Various Kelly Girl 3,300 * Various Seely Recept. 6,700 * 6162 House Purchase 31,338 Public Works Equip. 5763 Lights-City Hall Steps 613 Budget Excess *All remaining items will corne from unexpended monies and excess revenues. The Corridor Study Amendment in Resolution 91-85 does not include any legal and engineering fees. You may wish to clarify this with Council and then let me know if I need to correct charges. Also, the 1986 budgeted transfer from the Liquor Fund to the General Fund needs to be authorized if this will be the last meeting of the year. A Residential Community on Lake Minnetonka's South Shore . . MAYOR Robert Raseop COUNCI L Jan Haugen Tad Shaw Kristi Stover Roben Gagne ADMINISTRATOR Daniel J. Vogt CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD. MINNESOTA 55331 · (612) 474-3236 MEMO TO: Mayor and Councilmembers Dan Vogt JJ17' FROM: DATE: December 3, 1986 SUBJECT: Audit Firm As you know, the City of Shorewood has been using the firm of Mathias, Roebke & Maiser to perform the audit. I have now been informed by Jim Maiser that he plans to leave the firm. As part of his agreement to leave the firm, he will retain the municipal clients including Shorewood. I have received and attached a letter from Mr. Maiser which, if approved, would appoint James Maiser to perform the audit of the City for the year ended December 31, 1986. Staff highly recommends retaining the services of Jim Maiser for auditing pur- poses. Since the auditor was appointed in January, the City Council would need to take action to make the change. Monthly financial statements would continue to be done by the Mathias and Roebke firm. This item appears on your December 8 Consent Agenda for your deliberation. Please contact me prior to Monday night if you have any questions. DJV/slt cc: Jim Maiser Ev Beck A Residential Community on Lake Minnetonka's South Shore t:,(j~ . JAMES MAISER · 13680 Highway 5 Young America, MN 55397 (612) 442-4958 CERTIFIED PUBLIC ACCOUNTANT Uecern!::H3l' ;,: J ':1flt, The Honorable City Councll City of Shorewood 5755 Country Club Road Shorewood, Mn, S5331 lhl~:, leLtbl I/uLJ COillJi,1i OIl, '"I'ibl",:,Lan()ln<-j ,ii' the ar'i,:,(',';!ESrnenV3 COVH'"li"lC) t.he u':<:arnlnatlc)il (If li,e flnancIaJ :,:,tatement~, of the (,It.'>, of ~::;t'IOI"f.~INOod fOi U',e 'Yi3di (:::ndeci I)(:~cember' 51, J. 986. I will examine the CIty'S combIned balance sheet of all turld types an(j account gl"oup~::. a:?, of Decembei' ,51, 19136,. and appr'op"ldt,D related fJnan("la] ",;tatenler,L" tUI' tr'le yea," then ended" fhe !::;:x:afTLl.nat.Ion ~',jlll be Iiladult', .3. ,.;;,rclance WILl, qEH"8i'al1y' a.::cer,;,Leci aucl'it.in'J c,tal'lci,:~i"ci-::; and acc:.:)!")lilq'Jy' 1,\Ioulcl lnc,lude ~.uch te2;t,", ui the E.J.ccount.lr',q J'ec )I'cl"',, ailc:1":uI,i, ,)\:.i,81' d,uclltll',<;) pr'oceclui"t:j;"': c.,; ,1. con:C,lcJpi rh:;;'(F~::,~>ai'>, lil LI;..:; l JI'cum::.,t.3nCE:2;, fne O!::'JE<i,.:;\/,:;;, cd t.i'iF e:.>,:arn'ina.LI0!'1 J':', t,,) e~x,p,e5S di', uilq'.ld.L,li'le(~ ('plrilUn ()n t.~le f1narlcldl statements, although It lS posslb18 that facts 01 CIrcumstances encountEH'ed ma.y ,-e'1u1I'e Ifl8 to e~xpj"es;,s a leS',~", than unquallflBcl opinion Tl,f:\ pr'oC':(?d'.JI't:)c;. ~'\)l I, 1 L(le 1 ucJe te~,ts uf cio<.~\lmenta,-v (::'V10en()b ,:':UPF::-Oi'!'1 f^1'J thE: Li",3.r,~.actJ (,n~::, If:' 1>1 ded 11', the .',ccount3 and dJ (eCL e 0 111' 1 I' III a t .I 01"1 0 r r e c e i \I' d,I:) J b :', .,"1 n ,j (' (", I I dIn c, t. ~"I to i d ,,~ 2; p. r,:'; ,i i C; lia~)j'JitleG, r:,\" COil-e-::;porleJPiI,t" v,ntrl :G.(,,\Ject2cl autl"lcHlt'jf';-::; CieeJJto,,,,, leqaL coun',:,el arid t,,:'\nk2'., {\ faJI pl""",~,ei)La,\:.)"i of tln,=I,ncial po",:J!Jon and iB'::;:ult2, of cpe1atlons li'l confOimltv with g en e " a 1 J 'y ace e p t e d a C I; 0 u n t L n q pI' 1 n C 1 P 1 e s 1st I', e C 1 t Y In: ,j I. ! n ell a, n (:l personnel's rp,::"pon~:j bi l 1 tJ 'y, The Ci t')" Counc1 Land pEli'sorHlel ,3J'e r"p,ccr'on:e:,lbJe '1'01" the de".;eloprnent, implement.atlon ;uKI ITldlntHncH'",f,,: C)I a n ,3 cl C' q I , ,'j t f" e;, ',"; t fOHn 0 -F ] n t f:' i II a 'I ,", ( , ; 0 U n L T n q c () n t i ' 0 J ,:, n cl "',' i t I' e ,'lCC,lli;lC'y' 01' t.l'E-': flndflCJdJ ":"t,..,::I.nlllcnt.,.:,,, fdtl',ou<,)i'l VJE: Ilkl'>' ad"il. 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M _.J ~I: UJ Go ;..: CI: .... -.:.~ cn e '" LU .' ,. ~ t' ... "'~I" In '- X ,..) L.L c::a :::J 0 .... ... ... In - (J C) <..':> u. :;:;. <:> ./0 <n (.,", u. .,. er .;) +~ to' >.. I IJ) .... c; - .,;.:. ,~ ... '- c>:: <L .(::~"Y f= It. ..... C'\ ... ,-.; 0:: ... 0< id . ..~ ..... C L~ Ld ... Ct., %: ::> 0 .;c:t .., <:L.. ..". ...... ..... C\, . C~~STRUCTI~~ PAYMa~ VOUCHER . Estimate Voucher No. 3 Datp Novpmbpr 25, 1986 - For Period Ending November 21, 1986 Projpct Nu~ber 86-3 Class of Wor~ Street Construction, Stor~ Sewer and Appurtenant Wor~ ----------------------------------------------------------~-------------------------------------------- Location Smithtown Roaa '0 : VolVo Trucking and Excavating,lnc. 8470 Galpin Blvd. Channassen, Mn. 553!7 FM City of Shorewcoa, Hennepin County, Minnesota A. Original Contract Amount t 155312.96 B. Tota! Additions t 1190.00 C. Total Deductions . 0.00 D. Tota! Funds Encumbered t 156502.96 E. Total Value of Work Certified to Date $ 155498.52 F. Less Retained PercentagE 5 .. .'. $ 7774.00 G. Less Total Previous Payments i 132905.77 H. Approved fo~ Payment, This Report i 14818.75 I. Iota: Payments Including ThiS Voucher $ 147724.52 J. Balance Carried Forward $ 6778.44 APPROJALS ORR-SCHELa~-MAYER~~ & ASSOCIATES, INC. Pursuant to our field observation, as performed in accordance with our contract, we hereby certify that the Rateria!s are satisfactory and the worK properly perfc~med In accordance with the plans and specifications and that the total worK is 99 % completed as of Ncuernber 21, 1986 . We hereby recommend payment of this voucher. S!gned ::::::::::::::::_________________:::::::------------------------Sign'd : ___ .._ (I-, __,~~______~__~~~________ Construction Observer ~-~~~~-~ ------------------------------------------------------------------------------------------------------------------------- ThiS is to certify thdt to the best of rr.y Knowledg~l informdtior, and bElief, the quantities and values of work ce~tifled herein !S d fair approximate estimate for the period covered by this voucher. Contractor Vo1k Trucking and Excavating,lnc. Signed tY ------------------------------------------------- Jete : Title ------------------------------------------------- ------------------------------------------------------------- City of Shorewood Approved for Payment Vouche~ ------------------------------------ ------------------------------------------------- ChecKea By Auth~rized Representative Date Date ------------------------------------------------- , ----------------------.-----p------- P'~6 1 ~J ? ?Onl ... ( (~lY . . ORR .SCHELEN. MAYERON & ASSOCIATES, INC. Consulting Engineers Land Surveyors ," December 4, 1986 City of Shore~ood 5755 Country Club Road Sbore~ood, Minnesota 55331 . Re : Southeast Area Deep Well and Appurtenant Work Project No. 86-1 Gent 1 fIIen : Enclosed are four (4) copies of Construction Payment Voucher No. 4 & Final on the referenced project in the amount of $ 21352.50. Pursuant to our field observation, as perfoNled in accordance ~ith our contract, ~ hereby certify that the laterials are satisfactory and the ~ork properly performed in accordance ~ith the plans and specifications. Upon receipt of affidavit, State of Minnesota Form 134, and also Receipt and Waiver of lien Rights from E.H. Renner & Sons, Inc., please make payment to E.H. Renner & Sons, Inc., 15688 Jarvis St. NU, Elk River, Minnesota 55330 at your earliest convenience. It Very truly yours, ORR-SCHELEN-HAYERON & ASSOCIATES, INC. ~ -P 1~ -James P. Norton,P.E. Project Engineer JPN :RGO Enclosures : CC I E.H. Renner' Sons, Inc. FJJ~ HphfJPninAlIp.no". R"it~ ',,?R. ... ~f / Estimat, Vouch,r No. 4 & Final . CONSTRUCTION PAYMENT VOUCHER . Oat, D,c,mb,r 4, 1986 For P,riod Ending November 3D, 1986 Proj,ct Number 86-1 ----------------------------- ------------------------------------------------------------------------------------------------------- Class oi Work D,ep Well and Appurtenant Work ------------------------------------------------------------------------------------------------------- Location To : E.H. Renner & Sons, Inc. ------------------------------------------------------ 15688 Jarvis St. NY Southeast Area Elk River, Hn. 55333 ------------------------------------------------------ (612) 427-6100 City oi Shore~ood, Hennepin County, Hinnesota F~ ------------------------------------------------------ A. Original Contract Anount $ 92815.00 ------------------------ B. Total Additions $ 0.00 C. Total Deductions $ 0.00 D. Total Funds Encumbered s 92815.00 ------------------------- E. Total Value oi Work Certiiied to Date s 81904.50 F. Less Retained Percentage o % $ 0.00 G. Less Total Previous Payments $ 60552.00 H. Approved ior Payment, This Report $ 21352.50 I. Total Payments Including This Voucher s 81904.50 J. Balance Carried Forward $ 10910.50 APPROUALS ORR-SCHELEN~YERON & ASSOCIATES, INC. -------------------------------------- Pursuant to our field observation, as performed in accordance ~ith our contract, ~e hereby c.rtiiy that the materials are satisfactory and the ~ork properly periormed in accordance ~ith the plans and specifications and that the total work is 100 % completed as of Novemb.r 3D, 1986 . We hereby rec~end payment of this voucher. Sign.d ':::--;;~;;;:.;;;;~_;~~;~;;--------:::::::---------------"--------Sign.d '_~-'-_~__~~---- ------------------------------------------------------------------------------------------------------------------------- This is to certify that to the best oi my knowledge, information, and bel ief, the quantities and values of ~ork certified herein is a fair approximate estimate for the period covered by this voucher. Contractor : E.H. Renner & Sons, Inc. Signed By ------------------------------------ ------------------------------------------------- Date : Titl, ------------------------------------ ------------------------------------------------ ------------------------------------------------------------- City of Shorewood Approved for Payment Voucher ------------------------------------ _________________________________________________ Checked By : Authorized Representati~e ------------------------------------ Date Date ------------------------------------------------- ------------------------------------ Pige 1 oi 2 < 3707.10 . ' . . 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 MEMO TO: Mayor and Council FROM: Sandra Kennelly, City Clerk DATE: December 4, 1986 SUBJECT: Precinct Boundary Change It is necessary to get Council approval prior to December 31, 1986 to change any precinct boundaries. After this date, no changes can be made until 1992. I am requesting approval to combine Precinct IY (the Islands) (polling place - City Hall) effective December 31, 1986. The combination is to reduce the need and cost of election judges the purchase of the new optical scan vote tabulators by one. the City a minimum of $4,500.00 in equipment purchases alone. into Precinct I purpose of this and to reduce This wi 11 save The boundary change will be carried out in accordances with regulations set forth in the Minnesota Election Laws - 1983 - Sec. 204B.14 Subd. 4. SK/slt A Residential Community on Lake Minnetonka's South Shore &:) /-I . . 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 MEMOTID: Mayor and Councilmembers FROM: Dan VOgt:JJff DATE: December 1, 1986 SUBJECT: Corridor Study Final Report The final report for the Trunk Highway 7 (TH 7) Corridor Study has now been received. Contrary to previous discussions of the Project Management Team (PMT) , positions on the report and recommendations will be accepted by the Metropolitan Council up to January 31, 1987. This is one month later than previously thought. It has been advertised in the local newspapers that the Shorewood City Council will discuss the findings of the Corridor Study at the regular meeting to be held on December 8, 1986. Based upon the discussion which will take place on Monday night, staff will formulate the official response of the City to be sent to the Met Council prior to January 31, 1987. We felt that it would be best to entertain comments of those persons inter- ested in the findings of the Corridor Study at the meeting of December 8 rather than attempt to put the findings of your November 5 special meeting before you as your final recommendation. Comments which are received on the 8th may cause alteration in your previous positions regarding the various study segments along the TH 7 Corridor. Upon receipt of the comments and recommendations by the cities relative to the Corridor Study Report, the Metropolitan Council will take action on the report and respond t~ .the positions of the cities and submit both to MnDot. Please contact me if you have any questions prior to December 8th. DJV/slt cc: Brad Nielsen Jim Norton Bob Morast A Residential Community on Lake Minnetonb's South Shore 1 . . 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 NIESLEN DATE: 7 NOVEMBER 1986 RE: EXCELSIOR FARM AND GARDEN - PROPOSED COMPREHENSIVE PLAN AMENDMENT FILE NO.: 405 (86.55) BACKGROUND Mr. Kenneth Strausser, representing Excelsior Farm and Garden Store, Inc., has requested that the City amend the Comprehensive Plan in order for him to relocate his existing business from downtown Excelsior to 6020 Chaska Road in Shorewood (see Site Location map - Exhibit A, attached). If he is successful at getting the Comprehensive Plan amended, he would ultimately request a rezoning of the site from R-2A, Single and Two-family Residential to C-3, General Commercial. The property in question contains approximately 71,588 square feet in area and is occupied by a single-family home. According to the applicant it is also being used for truck and auto repair (nonconforming use in the R-2A District). Land use and zoning surrounding the site are as follows: North: East: South: West: office building, zoned R-c Chaska Road, then single-family residential, zoned R-1C single-family residential, zoned R-2A State Highway 7 PROCEDURE As you are aware, amending the Comprehensive Plan is a two step process. Mr. Strausser has submitted plans for the preapplication stage of the review process. This allows him to present his ideas to the Planning Commission and City Council on an informal basis. Hopefully, he then gets some direction as to the general acceptability of his request. If he is confident that his proposal has some chance of success, he can then submit a formal application. A Residential Communitv on Lake Minnetonka's South Shore cz . . Re: Excelsior Farm & Garden Compo Plan Amendment 7 November 1986 In preparation for the informal discussion scheduled for 18 November, i~ is suggested that the Planning Commission and Council review the area plan for Planning District 11, on page 118 of the Comprehensive Plan. Also, the policy sections for residential and commercial development should be reviewed. From a planning perspective there appear to be two primary issues which need to be considered in the review of this request - land use/zoning and traffic. As you may recall, the property north of this site was zoned R-C to create a transition between Highway 7 and the residential area to the south. The R-C zoning district was originally intended for this type of transition. To "leapfrog" the transitional district with a higher intensity zone would typically be considered "uncoordinated spot zoning". A second major concern is the increased traffic which will be generated by the propo~ed c~mmercial development on Chaska Road, particularly since there is no semaphore to control the intersection at Highway 7. As a final note, many of you will recall that an earlier draft of the Comprehensive Plan had shown the area between Chaska Road tne Highway 7 as being suitable for medium density residential. In the final draft of the Plan this was changed to low density residential (1-2 units/acre). To now switch to commercial development would represent a change in direction for that area. BJN:ph cc: Dan Vogt Glenn Froberg Jim Norton Kenneth Strausser .. '\ . . ) DR. UL . I . . .. ~~ ~~ u ~-;z__ . . . . I . . \ . , , . \ \ . \ I \ \ \ , \ , , -dJ AVE. . r 71 H . i Exhibit A SITE LOCATION Excelsior Farm and Preapplication for Plan Amendment ,- Garden - a Comprehensive -- . . city of Shorewood 5755 Country Club Road Shorewood, MN. 55331 Octo ber 21, 1986 We respectfully submit this request to the City of Shorewood: The rezoning of the within specified piece of land currently owned by Richard Mattila and zoned R2-A to be upgraded to the zone classification 3-C. The current owner and the Excelsior Farm & Garden are making this reqast because we feel the land in question would be better suited to the new zoning. Currently zoned for residential, the land is bordered on two sides by roads Hwy 7 & Chaska Road), and a third by an office Building, and on the fourth side by a well-timbered residential lot (owner of which is supportive of this request). The land in guestion is virtually void of trees and does not offer the residence and sound or visual privacy buffering for the heavy traffic on Highway.7. This seriously diminishes the value and desirability of this lot for a home. Subsequently, we feel the land, because of it's exposure, would be good for retail use. The rezoning of the property would allow the Excelsior Farm & Garden Store, which has been of service to this area for over forty years, to remain and serve the area. Our floral display, gardens, and landscaping would greatly improve the appearance of this open parcel of land. The Excelsior Farm and Garden Store would greatly appreciate the opportunity to combine forty years of service to the area with the City of Shorewood's business community. We feel on the rezoned property, we and the city of Shorewood could both grow and prosper long into the future. Respectfully submitted for the Excelsior Farm and Garden Store, Inc. A;;~~ ~ I S~enneth C. Manager /c(ir~ Strausser Exhibit B-1 APPLICANT'S REQUEST LETTER . . The existing zoning classification on this property is R2-A. It is currently being used as a residence and a truck and auto repair. other properties and classifications are shown on zoning maps included. The traffic to and from this parcel of land would be primarily from Highway 7. The office complex is the only building between the parcel in question and Highway 7. Since the current owner works o~ cars and trucks, the amount of traffic currently generated by him is unknown. We project an increase in the number of vechicles compared to current usage. The entrence to the property is approximately 600 feet off Highway 7 and passes only the office building. Therefore, we feel that the increase of traffic flow on this short strech would not adversely affect anyone. Exhibit B-2 . . 1-,;, LJ;fl- OFf;,e --ft u; I J ,'JV1 / ~I./' S'rl /\ ~~'\ Cf~~ \ ~ or .... V /1e. l'2Cfos.J l.1~ e.. wO'-t I J ,. JIlct u J e. f1dJ;,v1 p,/, 0'Y1 e N€W '<J LA; /J i I\JJ' 13'" i !d I,vi -t ; N c./11 (I €- 1< e tt4: J 'fr4 (e .-r. S TO F<A7 e "1.tc. e-. C I eAhV;t\Ji t.{ P. ~ (J:.p Lol" -+ -tit- k 1"1.17 dOUhtJ It II f ke.. v IJ c::; h cA~. .;rrJ? 'f- d'1K wi -WR k ;',117 (.} R e-~ · Exhibit C PROPOSED SITE SKETCH 4 . . 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 MEMO TO: Mayor and Councilmembers FROM: Dan Vogt ~ DATE: December 2, 1986 SUBJECT: Met Council Loan Agreement LMCD Reciprocal Agreement As you may be aware, the City of Shorewood has received notification that the loan that was applied for by Shorewood for the LMCD has been approved. The City must now enter into a loan agreement with the Met Council which sets forth the terms and conditions of the loan including pay-back. I have directed Attorney Froberg to draft a Reciprocal Agreement between Shorewood and the LMCD. This will ensure that after the funds have been turned over to the LMCD, the City will be repaid by the LMCD in sufficient time for us to make the payments to the Met Council. Payments are due on or before December 1 of 1987, 1988 and 1989. For your review, attached to this memo you will find the loan agreement between the Met Council and the City aswell as a proposed Reciprocal Agreement between the City and the LMCD. The latter agreement was drafted by Attorney Froberg and has been forwarded to the LMCD for review and comment. Please contact me if you have any questions regarding this issue prior to Monday night. DJV/slt cc: Glenn Froberg Frank Mixa Attachments A Residential Community on Lake Minnetonka's . . I Contract No. L-86- LOAN AGREEMENT BETWEEN THE METROPOLITAN COUNCIL AND THE CITY OF SHOREWOOD THIS AGREEMENT. entered into this' day of . 1986. by and between the Metropolitan Council. hereinafter referred to as the "Council." and the City of Shorewood. hereinafter referred to as the "Lendee." WHEREAS. the Council is required by Minnesota Statutes. Section 473.851. et. seq.. to administer the Metropolitan Land Planning Act. hereinafter referred to as the "Act. II which requires local governmental units within the Metropolitan Area to prepare comprehensive plans; and WHEREAS. the Council is required by Minnesota Statutes. Section 473.867. to establish a planning assistance fund to assist local governments in carrying out planning activities and to adopt uniform procedures for the award. disbursement and repayment of grants and loans; and WHEREAS. the Lendee. on behalf of the Lake Minnetonka Conservation District. has applied to the Council for a loan to be used for a preliminary study for a comprehensive plan for the management of Lake Minnetonka; and WHEREAS. the Council desires to assist the Lendee in doing a lake management plan. NOW THEREFORE. in consideration of the Council's agreement to loan planning funds to the Lendee and the Lendeels agreement to repay said funds. the Council and Lendee agree as follows: 1. Amount and Loan Guidelines A. The Council shall pay to the Lendee a total loan amount of $15.000. The total amount of loan funds shall be made ~vailable to the Lendee upon execution of this Loan Agreement. B. The Lendee agrees to comply with all provisions of the Metropolitan Council 1985-1987 Local Planning Assistance Loan Guidelines'; as amended. hereinafter referred to as the IILoan Guidelines" which is hereby incorporated by reference into this Loan Agreement and made a part hereof. 2. Authorized Use of Loan Proceeds A. It is understood and agreed that the following costs and expenses shall be the only such costs and expenses paid for out of loan proceeds. Costs and expenses to be reimbursed shall additionally be in substantial accord with specifications contained in the Lendee's loan application and other provisions contained herein. The following costs specifically incurred in carrying out the planning activities specified in the funded portion of the work program shall be payable from loaned amounts. 1. Compensation of existing staff. . -2- . 2. Compensation of newly hired staff. 3. Employment of a qualified consultant(s). 4. Payment of other costs such as overhead, rental of space and equipment, purchase of supplies, printing and publishing. B. The Lendee shall utilize the loan funds to carry out the activities specified in the funded portion of the work program set forth in Appendix B, attached hereto and made a part hereof. C. The Lendee agrees that no more than 75 percent of the total cost of carrying out the work program set forth in Lendee1s application for loan assistance, Appendix A, attached hereto and made a part hereof, shall be financed by loan funds. 3. Accounting A. The Lendee agrees to establish and maintain accurate and complete accounts and records relating to the receipt and expenditure of any and all loan funds including, but not limited to, documentation and information relating to the selection and payment of consultants. B. The above documents and records of the Lendee shall be audited by the Lendee in the same manner as all other accounts and records of the Lendee are audited, and may be audited and/or inspected on Lendee's premises or otherwise by individuals or organizations designated and authorized by the Council at any time following reasonable notification during the loan period, and for a period of three years following final loan payment. 4. Reports A. Midpoint Report. Because of the short duration of the project, a midpoint report is not required. B. Final Progress Report. The Lendee agrees that upon completion of the total work program, the Lendee will submit to the Council a final progress report which shall be evaluated by the Council to determine that: 1) The planning costs funded by this loan did not exceed 75 percent of the total cost of the work program. 2) The scope of work was completed. 3) The terms of this Loan Agreement were met. The final progress report is due April 30, 1987. 5. General Conditions A. Duration. The periOd of loan award specified herein shall commence on the execution of this agreement and remain in force and effect until December 1, 1989. ~ . -3- . " B. Repayment. The Lendee agrees to repay the Council in accordance with the following schedule: l. The Lendee will remit to the Council on or before December 1, 1987 an initial payment of $5,000. 2. The Lendee will remit to the Council on or before December 1, 1988 a second payment of $5,000. 3. The Lendee will remit to the Council on or before December 1, 1989 a final payment of $5,000. C. Breach. In the event that the Council finds that there has been a failure to comply with the provisions of this Loan Agreement, the Lendee agrees to repay to the Council funds not used in accordance with this Loan Agreement. These funds shall be repaid at an interest rate of 8 percent per year, compounded annually, from the date of the act which was in breach of this Loan Agreement. In addition, the Council reserves the right to take whatever action it deems necessary to protect its interests in the event of a breach by the Lendee. D. Changes. The terms of this Loan Agreement may be changed or modified by mutual agreement of the parties hereto. Such changes or modifications shall be effective only upon the execution of written amendments signed by authorized representatives of the Council and Lendee. E. The Lendee agrees to comply with all applicable laws relating to nondiscrimination, affirmative action, and public purchase, contracting and employment. In particular, Lendee agrees not to discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin, and to take affirmative action to ensure that applicants and employees are treated equally with respect to the following: employment, upgrading, demotion, transfer, recruitment, layoff, termination, rates of pay and other forms of compensation, and selection for training. IN WITNESS WHEREOF, 'the parties hereto have caused this Agreement to be executed on the day and year first above written by their authorized representatives. Approved as to legal form METROPOLITAN COUNCIL Assistant Counsel By Donald D. Carroll, Deputy Executive Director LENDEE By Title LOANAG , . . FROBERG & PENBERTHY, P.A. A TTORNEYS A T LA W ;"[ Glenn Froberg James G. Penberthy Paul B. Ahern December 4. 1986 17736 Excelsior Boulevard Minnetonka, Minnesota 55345 (612) 474-8877 '10: Shorewood Ci ty Qnmci 1 FKM: Glenn Froberg IM:D Loan Agreement HE: Pursuant to Minnesota Statutes. Chapter 473, the Metropolitan Council is required to adninister the Metropol it an Land Planning Act which requires local goverrmental uni ts VIi thin the Metropol i tan Area to prepare cooprehensive plans. The statute further provides for the Metro Council to assist "counties, cities and townships" in carrying out their planning activities by establishing a planning assistance fund fran which grants and loans can be made to the local goverrments under certain guide 1 ines adopted by the Counci 1. (h December 27. 1984. the Metro Council adopted the revised guidelines which are presently in effect for the disbursement of these funds. These guidelines provide for the making of interest-free loans. under certain conditions. to "counties. cities and townships" in the Metropolitan Area. TIle guide 1 ines have been expanded to include issues related to natural resource ~agement. ordinance preparat ion and plan inp 1 ementat ion. However. the law. as it presently stands. makes no provision for the disbursement of assistance funds directly to entities such as the Lake Minnetonka Conservation District. Therefore. in order to have access to such funds. IIdD must "go through" an eligible local govern:nent. such as the City of Shorewood. The Lake Minnetonka Conservation District, under the auspices of the Metro Qnmci 1. has undertaken to develop a cooprehensive plan for the management of Lake Minnetonka. a natural resource. To assist in funding this proj ect. the IlVrn has requested the Ci ty of the Shorewood to apply for a loan on its behalf from "the Metro Council. By resolution passed at its regular meet ing of August 25, 1986. the Shorewood Ci ty Counci 1 voted to apply for a loan of $15,000 on behalf of I.M:D. and on October 29. 1986. the Metro Council sul:J:ni tted the proposed loan agreement attached hereto for execution by the City. Al though the proposed agreement refers to the IM:D as a beneficiary, it clearly holds the City of Shorewood liable for the use, accounting, and repayment of any funds disbursed. Therefore, it is essential that the City of Shorewood have a separate agreement with 1M]) providing indenni fication to the City for the use of such funds by IMD. A suggested agreement is attached hereto for your consideration. . . IO\N AGREE\ml' :B:EnYEEN '!HE CIlY OF SH:ml\UD AND LAKE MINNKllN\A ~ERVATICN DIS'IRICf '!HIS AGREEVIENI', entered into this day of , 1986, by and between the City of Shorewood, hereinafter referred to as "Shorewood", and Lake Minnetonka Conservation District, hereinafter referred to as "IJ.VD)." YtHERFAS, U\OCD desires to obtain a loan in the sun of $15,000 for the purpose of conducting a preliminary study for a comprehensive plan for the management of Lake Minnetonka; and YtHERFAS, Shorewood and the lVEtropo1 i tan Counci 1 desire that such study be conducted by liVD>; and \\HEREAS, the Metropol i tan Counci 1 has agreed to enter into a loan agreement wi th Shorewood to provide Shorewood, on behal f of liVD>, the sun of $15,000 for such purpose. ~~, 1lIEREREE, in consideration of Shorewood's agreement to enter into a loan agreement with the Metropolitan Council to, in turn, provide liVD> wi th a loan, and liVID's agreement to repay such loan and to honor and fulfi 11 all of the tenns and condit ions of Shorewood' s loan from Met ropo 1 it an Council, Shorewood and IlVD) agree as follows: 1. Shorewood shall enter into a loan agreement with the Metropolitan Council as set forth in Exhibit A, attached hereto and made a part hereof, which agreement is hereinafter referred to as the "Shorewood-Metro Counci 1 Loan Agreement." 2. Upon receipt of the total loan amount of $15,000 fram the Metropolitan Council, as set forth in paragraph 1.A. of the Shorewood-Metro Counci 1 Loan Agreement, Shorewood wi 11, in turn, loan such sun to liVD> . 3. Upon receipt of such loan amount of $15,000 fram Shorewood, liVID shall undertake a prel iminary study for a croprehensive plan for the management of Lake Miniletonka. 4. UMCD shall thereafter perfonn all of the tenns and conditions of the Shorewood-NEtro Council Loan agreement as they apply to Shorewood, including, but not limited to, proper use of the loan proceeds, accounting for such use, report ing the progress of the work program, and repayment of the loan proceeds to the Metropolitan Council, in accordance with the schedule set out in the. Shorewood-Metro Counci 1 Loan Agreement. . . 5. In the event that Shorewood or the Metropolitan Cbuncil finds that there has been a fai lure on the part of IlVD) to cooply wi th any of the provisions of this agreement or the Shorewood-Metro Cbunci 1 Loan Agreement, IlVD) agrees to repay the funds not used in accordance with the agreement, pursuant to paragraph 5.C. of the Shorewood-Metro Cbuncil Loan Agreement. . 6. From and after the date of receipt of the $15,000 loan proceeds referred to hereinabove, ITdJD shall save Shorewood, its agents, and mployees harmless from any and all claims, damages, demands, actions or causes of action arising from this agreement or the Shorewood-Metro Cbuncil Loan Agreement, and the costs, disbursements, and expenses of defending the same. CIlY OF SH:P.E\\UD By: Robert Rascop, Mayor LAKE MINN:ElIN<A exNSERVATICN DIS'lRICI' By: . . Contract No. L-86- LOAN AGREEMENT BETWEEN THE METROPOLITAN COUNCIL AND THE CITY OF SHOREWOOD THIS AGREEMENT, entered into this day of , 1986, by and between the Metropolitan Council, hereinafter referred to as the "Council," and the City of Shorewood, hereinafter referred to as the "Lendee." WHEREAS, the Council is required by Minnesota Statutes, Section 473.851, et. seq., to administer the Metropolitan Land Planning Act, hereinafter referred to as the "Act," which requires local governmental units within the Metropolitan Area to prepare comprehensive plans; and WHEREAS, the Council is required by Minnesota Statutes, Section 473.867, to establish a planning assistance fund to assist local governments in carrying out planning activities and to adopt uniform procedures for the award, disbursement and repayment of grants and loans; and WHEREAS, the Lendee, on behalf of the Lake Minnetonka Conservation District, has applied to the Council for a loan to be used for a preliminary study for a comprehensive plan for the management of Lake Minnetonka; and WHEREAS, the Council desires to assist the Lendee in doing a lake management plan. NOW THEREFORE, in consideration of the Council's agreement to loan planning funds to the Lendee and the Lendee's agreement to repay said funds, the Council and Lendee agree as follows: 1. Amount and Loan Guidelines A. The Council shall pay to the Lendee a total loan amount of $15,000. The total amount of loan funds shall be made available to the Lendee upon execution of this Loan Agreement. B. The Lendee agrees to comply with all provisions of the Metropolitan Council 1985-1987 Local Planning Assistance Loan Guidelines, as amended, hereinafter referred to as the "Loan Guidelines" which is hereby incorporated by reference into this Loan Agreement and made a part hereof. 2. Authorized Use of Loan Proceeds A. It is understood and agreed that the following costs and expenses shall be the onlv ~uch costs and expenses paid for out of ln~n pror.eeas. ~osts ana expenses to be reimbursea shall aaoitionally De in substantial accord with specifications contained in the Lendee's loan application and other provisions contained herein. Thp following costs specifically incurred in carrying out the plannlng activities specified in the funded portion of the work program shall be payable from loaned amounts. 1. Compensation of existing staff. EXHIBIT A . -2- . 2. Compensation of newly hired staff. 3. Employment of a qualified consultant(s). 4. Payment of other costs such as overhead, rental of space and equipment, purchase of supplies, printing and publishing. B. The Lendee shall utilize the loan funds to carry out the activities specified in the funded portion of the work program set forth in Appendix B, attached hereto and made a part hereof. C. The Lendee agrees that no more than 75 percent of the total cost of carrying out the work program set forth in lendee's application for loan assistance, Appendix A, attached hereto and made a part hereof, shall be financed by loan funds. 3. Accounting A. The Lendee agrees to establish and maintain accurate and complete accounts and records relating to the receipt and expenditure of any and all loan funds including, but not limited to, documentation and information relating to the selection and payment of consultants. B. The above documents and records of the Lendee shall be audited by the Lendee in the same manner as all other accounts and records of the Lendee are audited, and may be audited and/or inspected on Lendee's premises or otherwise by individuals or organizations designated and authorized by the Council at any time following reasonable notification during the loan period, and for a period of three years following final loan payment. 4. Reports A. Midpoint Report. Because of the short duration of the project, a midpoint report is not required. B. Final Progress Report. The Lendee agrees that upon completion of the total work program, the Lendee will submit to the Council a final progress report which shall be evaluated by the Council to determine that: 1) The planning costs funded by this loan did not exceed 75 percent of the total cost of the work program. 2) The scope of work was completed. 3) The terms of this Loan Agreement were met. The final progress report is due April 30, 1987. 5. General Conditions A. Duration. The period of loan award specified herein shall commence on the execution of this agreement and remain in force and effect until December 1, 1989. " . -3- . B. Repayment. The Lendee agrees to repay the Council in accordance with the following schedule: 1. The Lendee will remit to the Council on or before December 1, 1987 an initial payment of $5,000. 2. The Lendee will remit to the Council on or before December 1, 1988 a second payment of $5,000. 3. The Lendee will remit to the Council on or before December 1, 1989 a final payment of $5,000. C. Breach. In the event that the Council finds that there has been a failure to comply with the provisions of this Loan Agreement, the Lendee agrees to repay to the Council funds not used in accordance with this Loan Agreement. These funds shall be repaid at an interest rate of 8 percent per year, compounded annually, from the date of the act which was in breach of this Loan Agreement. In addition, the Council reserves the right to take whatever action it deems necessary to protect its interests in the event of a breach by the Lendee. D. Changes. The terms of this Loan Agreement may be changed or modified by mutual agreement of the parties hereto. Such changes or modifications shall be effective only upon the execution of written amendments signed by authorized representatives of the Council and Lendee. E. The Lendee agrees to comply with all applicable laws relating to nondiscrimination, affirmative action, and public purchase, contracting and employment. In particular, Lendee agrees not to discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin, and to take affirmative action to ensure that applicants and employees are treated equally with respect to the following: emploYment, upgrading, demotion, transfer, recruitment, layoff, termination, rates of pay and other forms of compensation, and selection for training. IN WITNESS WHEREOF~the parties hereto have caused this Agreement to be executed on the day and year first above written by their authorized representatives. Approved as to legal form METROPOLITAN COUNCIL Assistant Counsel By Donald D. Carroll, Deputy Executive Director LENDEE CITY OF SHOREWOOD By Title Robert Rascop. Mayor LOANAG ,- .... . . RESOLUTION NO. 100-86 WHEREAS, The City of Shorewood cooperates with 14 Cities around Lake,Minnetonka in an organization known as the Lake Minnetonka Conservation District ( LMCD ); and WHEREAS, The Metropolitan Council Task Force on Lake Minnetonka has recommended that the LMCD de- velop a comprehensive plan for the Management of Lake Minnetonka; and WHEREAS, The LMCD wishes to begin work on said Lake man- agement plan; and WHEREAS, The Shorewood City Council has agreed to make application for loan funds available from the Metropolitan Council on behalf of the LMCD for said plan. NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Shorewood approves the application on be- half of the LMCD to. the Metropolitan Planning Assistance Loan Program for a loan of $15,000 to conduct a preliminary study for the recommended comprehensive plan for the management of Lake Minnetonka ~ BE IT FURTHER RESOLVED, that said application be trans- mitted to the Metropolitan Council. Adop~ed by the City Council of ~he City of Shorewood this 25th day of August, 1986. ~~~ ch/ Sandra .L. Kenne_l -""""'-0 City Clerk ." ........ .' . APPENDIX A :.' Metropolitan Council, 300 Metro Square Building, St. Paul, Minnesota 55101 1985~87 APPLICATION FOR LOCAL PL.ANNING ASSISTANCE LOAn 1 . Name of Community District City of Shorewood for the Lake Minnetonka Conservation! 2. Name of Local Contact Person Daniel Vogt, Mgr. City of Shorewood Address 5755 Country Club Road Shorewood, MN 55331 Frank Mixa, Executive Direct' Lake Minnetonka Conservation District 402 East Lake Street Wayzata, MN 55391 Telephone 474-3236 473-7033 3. Descriotion of Prooosed Project To develop a comprehensive management plan for Lake Minnetonka !I. Relationshio of Prooosed Proiect to Funding Criteria (refer to Section VII 1n the Guideline~) To implement planning recommendations of the 1986 Metro Council Task Force on Lake Minnetonka 5. ~ork Program OUtline on the reverse side the majo~ tasks that ~ust be undertaken to complete the proposed project and the total costs of those tasks. 6. COI!loletion Date Preliminary study(1): 11-1-86 E t' t ~ , t' date of the "~...~.k pro~r2.!l! Plan(2): 12-1-88 , S 1.ma eu comp_e 1.on "co 7. Other Financial Assistance List amounts and sources of financial assistance other than this loan program that will be used toward the work program costs shown on the reverse side of this a?plication. State planning grants - 50% Metro planning grants - 25% L.M.C.D. - 25% Lo2.'1 Reouested 8. $ 15,000.00 * 9. Attach a copy of the resolution by the governing body transmitting this application. ITotal grant amount requested may not exceed 75 percent of the total cost of the work program. - '. .------ MAYOR Robert Rascop COUNCIL .bin Haugen Ted Shew Kristi Stover Robert Gagne ADMINISTRATOR Daniel J. Vogt CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 . (612) 474-3236 MEMO TO: Mayor and Councilmembers FROM, Oan VOgt~ DATE: December 3, 1986 SUBJECT: Computer Purchase During the interview process when the City hired me in July of 1984, one of the goals that you indicated to me was to work toward the computerization of the functions of the City. To that end, a computer was purchased in late 1984. The usage of the computer has steadily grown since the initial pur- chase. Understandably, the lone computer that the City now utilizes is no longer sufficient to meet the needs of the City. At this time four dif- ferent departments are attempting to share this machine. Additional functions are awaiting implementation. This has been determined to be extremely inefficient. Therefore, staff recommends that additional computer equipment be purchased in order to provide the level of service to the public that the City desires. The purchase proposals will be reviewed below. Finance Department Attached you will find a memo to me from the Finance Director which discusses the need for additional computer equipment in the Finance Department. As is indicated in the memo, various additional computer applications are being planned in the Finance Department in an attempt to have the capability to run monthly financial statements in-house as well as the accounts payable system. It is proposed to purchase a similar computer unit as that which ,we currently use. Therefore, the proposal calls for an IBM AT system unit with a mono- chrome display and a dot matrix printer. Total cost for the necessary hard- ware and maintenance agreements comes to $5,471.20. Additional equipment such as furniture and static mat is estimated at approximately $500.00. Total projected cost is then $6,000.00. " b The source' of funds which arep1!'oposed to be \1sedfor this purchase are available since the 1986 budget ~h.owed alinettemforinterest~xpense to the General Fund of $7,00Q.OO (fund code 10-5355). Due to the City's im- proved cash position.mainly because of the contingency fund, no interest expense will occut'. In fact. interest income is being earned. Therefore, these funds will not be spent. A . . Anather item has recently came to. my attentian as in need af purchase. The typewriter at the frant desk has been giving us mare and"mare problema.., Fre- quent service is creating same delays in getting wark aut af City Hall. Same af these delays have an effect an wark which I must get aut. As this machine is daing mast af the typing far the entire affice ~xcluding Brad's wark it is imperative that we have a dependable typewriter at the frant desk. Therefare, with a partian af the funds which will remain in accaunt 10-5355 mentianed abave, I recammend the purchase af a new typewriter far the frant desk. This purchase'sho.uld no.t exceed $700. Yo.u may recall that the 1987 budget also. calls fo.r aitypewriter. That purchase is unrelated to. the purchase floWprapased and is stiH intended for next year. If the Cauncil agrees with the recammendatians abo.ve, it sho.uld be nated by Cauncil matian that sufficient funds exist in accaunt 10-5355 to. caver averages in accaunt 10-5462 and acco.unt 10-5362 fo.r the abave mentio.ned purchases. Planning and Zo.ning/Pro.tectiveInspectio.n Yo.u may recall that the initial budget fo.r 1986 shawed a camputer purchase fo.r Planner Nielsen's two. departments. At that time, the Co.uncil was lo.aking fo.r areas in the budget to. cut. Subsequently, this purchase was eliminated fram the 1986 budget. It was stated by the Cauncil at the time that recansidera- tio.n may take place during 1986 if the line item in the budget far building permit inco.me meets estimates. The estimated to.tal building permit fee in- co.me fo.r 1986 was $75,000. As af No.vember 30, permit fees have exceeded $85,000. It is anticipated that the to.tal fo.r 1986 will be between $90,000 and $100,000. As I discussed earlier in this memo., usage o.f the existing computer has gro.wn. A go.o.d deal o.f the usage grawth is in Brad's area. Current applicatio.ns in- clude pro.ject acco.unting and building permit records. Because o.fthe inability to. get o.n the existing machine due to. o.ther users, o.ther applicatio.ns such as wo.rd pracessing and pro.perty data base are no.t po.ssible to. implement. Brad will have examples of the current use o.f the co.mputer plus ho.w his departments co.uld utilize a co.mputer if they had one fo.r their o.wn use at the meeting. . Staff therefo.re pro.pases to. purchase a co.mputer for use in the Planning/Zo.ning and Pro.tective Inspectio.n Departments. The equipment is reco.mmended to. in- clude an IBM XT system unit with a manochrome display and a letter quality printer. Total Co.st far the necessary hardware and maintenance agreements co.mes to. $4,500. If the Co.uncil agrees with the reco.mmendatian fo.r the co.mputer purchase in the Planning and Building Departments, it should be noted by Co.uncil mo.tian that sufficient funds exist in building permit revenues to. caver the average in accaunt 10-5662 far the purchase. This memo. explains the uses for the new camputer purchases. The existing camputer will cantinue te,have the utility billing functian whic.h includes daily receipting. It will also. naw have the wora pracessing functian far Hmy'Work as well as the Council minutes. Up to. this paint,ithasbeell im- passible to. get wodS pracessing an to. the camputer due to. theaverload af usage. (AS a side nate, two. staff members are attending a word processing class an December 8.) -2- . MAYOR Robert RIICOP ,.~~...:r(,..; ~:,"""""'..i ',;, TIdSMw KrlltiStover Robert GIIM ADMINISTRATOR Daniel J. Vogt tl'J:-, . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 . (612) 474-3236 MEMO TO: DAN VOGT, ADMINISTRATOR FROM: EVELYN BECK, FINANCE DIRECTOR RE: NEXT PHASE OF SOFTWARE IMPLEMENTATION DATE: 10/23/86 The next phase of software implementation, Accounts Payable, is now in process. Adding each step of this system has required planning for and changing the way things are currently done to meet new needs. The Accounts Payable System will provide for printing checks instead of manually typing them and will bring us one step closer to General Ledger stage. At present, Finance is understandably the greatest user of the existing computer. By expanding to the Accounts Payable System we anticipate usage in excess of 150 days per year. This does not make us a very compatible partner to others trying to use the equipment. With each additional step we realize the need to have our own hardware available and easily accessible. Because most processing is centered around specific deadlines, the Finance Department's needs often must be met first when sharing the hardware. Due to the need, I would like to purchase an additional computer hardware unit for Finance in 1986. There will be adequate funds ($7000) available this year in account 10-5355 as I anticipate no interest expense in the General Fund. The computer purchase item was cut out of Finance Department Budget in 1987, therefore, I see this as an opportunity to meet our need this year and have the funds available to do so. If you could soon discuss this with Council, I would appreciate it. " . . MAYOR Robert Rascop COUNCI L an Haugen Tad Shew Kristi Stover Robert Gegne ADMINISTRATOR Deniel J. Vogt CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD. MINNESOTA 55331 . (612) 474-3236 MEMO TO: Mayor and Councilmembers Dan Vogt Jf!f FROM: DATE: December 4, 1986 SUBJECT: 1987 Sewer and Water Budgets Attached you will find the proposed 1987 budgets for the sewer and water funds. As is the case with the General Fund, staff accurately attempts to estimate revenues and expenditures in the upcoming year. You will note, however, that a balanced budget is not of primary importance. Rather, as with other enter- prise (business) type funds, it is attempted to show revenues greater than expenditures. This may be thought of as profit. This profit, if achieved, is used to make repairs and improvements to the system if necessary in the future without levying a general tax or special assessment for the project. If revenues do not exceed expenditures, as is the case in the water fund, a decision needs to be made to: 1) Levy a tax (which we currently do), 2) Raise rates (which we did on January 1, 1986), or 3) allow the fund to run a deficit (which is currently the case). Below 1 will highlight the proposed budget for each fund. SEWER FUND Revenues Revenues in the sewer fund are anticipated to increase slightly in 1987. This is due mainly to a slight increase in anticipated sales. This will occur be- cause of additional users of the system. Also, revenues should increase for Metro SAC charges due to an increase in SAC rates. Overall sewer revenues are expected to be approx~mately the same as 1986 actual estimated amounts. Expenditures Sewer fund expenditures are expected to increase a total of 9.2% or $27,996 over the 1986 actual estimated total. Reasons for the increase are as follows: 1) Salary expense will increase due to the necessity to flush sewer lines and increase time spent for billing. 2) Supplies expense is projected to increase due to maintenance of equipment which is scheduled as well as an expense for motor fuel and lube for flushing. 3) Contractual will increase due to the recently approved agreement with Munitech. The budget proposal for the sewer fund shows revenues exceeding expenditures by approximately $1,500. This will therefore add to the more than $250,000 re- serve in the fund. A Residential Community on Lake Minnetonka's South Shore , . . WATER FUND Revenues Revenues in the water fund are expected to continue to climb. As is shown, revenues are projected to total approximately $10,000 more in 1986 than budgeted. This is the case since rates were increased on January 1, 1986, and because of the increasing number of users. This increase in revenues is expected to con- tinue because of the building activity taking place in Shorewood. As you can see by looking at 1986 annual estimated revenues versus estimated expenditures, the gap is narrowing. It is beginning to seem conceivable that revenues may increase enough in the next few years to begin to reduce the special levy. This may occur especially when Shorewood begins to realize the revenues from the Southeast area water system. 1987 budgeted revenues are projected to be 15.7% or $9,675 over 1986 budget amounts and slightly more than actual 1986 estimated amounts. Expenditures It is anticipated that proposed 1987 budgeted expenditures will be $3,616 or 4.2% less than 1986 budgeted amounts. You can also see that 1987 budgeted amounts are projected to be approximately $4,000 more than annual actual estimated 1986 amounts. As can be seen by looking at past years, a good job of holding down expenditures is being done. The only major item of expenditure increase is in the contract with Munit~ch. This item appears on your agenda of December 8 for your consideration. Please contact me prior to the meeting if you have any questions. DJV/slt cc: Ev Beck Sandy Kennelly -2- CITY OF SHOREWOOD MAYOR Robert Rascop COUNCIL Jan Haugen Tad Shew Kristi Stover Robert Gagne ADMINISTRATOR Daniel J. Vogt 5755 COUNTRY CLUB ROAD . SHOREWOOD. MINNESOTA 55331 . (612) 474-3236 MEMORANDUM TO: MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 5 DECEMBER 1986 RE: GWK ADDITION - FINAL PLAT .3/;f, FILE NO. : 405 (86.43) In October the City approved a preliminary plat for Tom Wickenheiser. As you recall he proposes to divide his property on Yellowstone Trail into two lots and an outlot. The outlot is to be redivided at some later date. Mr. Wickenheiser has now submitted a final plat named GWK Addition (see Exhibit A, attached). The plat is consistent with the conditions of the preliminary plat approval. It is therefore recommended that the final plat be approved subject to the following: 1. Prior to release of the final plat, the applicant must provide a title opinion (up-to-date within 30 days) for review by the City Attorney. 2. The garage on Lot 2 is to be removed within 30 days of the date the resolution approving the plat is released. To ensure that this is completed, it is recommended that a $1000 deposit or letter of credit be required until .the work has been completed. 3. The applicant must pay one park dedication fee ($500). 4. Plat approval should stipulate that Outlot A will not be developed until such time as it has been formally platted according to the requirements of Shorewood's Ordinance. This item does not appear on the agenda for Monday night's meeting. Although the applicant had his request in on time, I inadvertently placed it with items scheduled for the next Planning Commission meeting. For this I apologize and respectfully request that it be considered under "Planner's Reports". A Residential Community on Lake Minnetonka's South Shore ;-\ l....J L- ----- ----- - ------- ....J,_/ '-' 1 \ I -, ) EtlSf '",e of /IIH' II>>Hcf.1 LoI It----H-- '-, , . .. \..' .~ L--- E-'-' Ea., /1ft. of w.., I.fu,.n., 12_ ""'",,,e.-MII iir.t N..".", -- Co. Hi.- " r---r / -., ~... : t. U L./~,\: ::- V'\ "- 1~' ,". r I' -_r_ ' ,"~'(.}. lIW.. ~ J".1O n. Ca. -. of S1ll "mer ~.6~ T...//7II., ~ ZH/. tJl6"'P.M. "1 ~ ~ \0 ~ C\I ... It) C\I . z , rr- ..J : o 001 _on ~ 259 ---- L.. L. i_; : Cenfukne of fr~~tll of 'Yel!v...slof/c Troi', R= IZ88_35 . JJ=Zo . U -- -- - ~ I , I I I , \,01 I I .... I I 4=Z051'5Z", , ./Z!j 35 L=6Z.~' N87030'w ,,, , t " 3 1I=40~0I to 88. 8 " .2.77 .. '. L r I :l', --,: I - I :~'J I I U_ I I (-~, , ~ I \ 2:)' I I }- -, I "(' I) I r'('\ .I ,_ 1- ~ I , lo&~l L' I I _J I ,-' J 0: I l- I L__ ---- _.- - <.::::--- ----:= ~ - ~ ~ /77.21 ' 35442 ! +- .-- .- -- ::-,.---- --;: - - II _ LJ-.I:- I --.. ,-- - ,J ( ''. ,)- Jj '-_ lo 180.08 L = 154.46 - -l I I I o c 1 , ~ "1 i \'"1:: , lOon I . C\I 'z I , ' I ' I . c- -- C: .~. - c:.~ 't.Z , <, I I __..-1 : c- .:-- 0: r.--.~ n) \ IJ~':. i ~-~ .,. \ (i) l. __L_ ~~'----------_.-- West "' ._y \ -- tJ Cl_ I I L .___ r-- ,,) i-_ I o i __ _____ .r- I I I I E, fel15,tHI of UsII,,,, ~ .1 '-of IJ, "/'1ifff/cwt/5/r1c lbd., 1I~llIltfp'" (b., /l,nn 150.70 ( " '-. J ( ') :> C\j .,. C\I It) I I I I I i I I I I , I I I '" I ~~~. I " '. '" '." "" J ~. ~ .IA' , . '11I"4;' '-.,' 9 ~'" .\..::~- STATE HIGHWAY 29.58 I I I I I 81 B ~I C\j, I I I I I L, '<r- ---1--- - ---- .- ,t:.. /77.21 ("I N8B.53 /0 E r- - --~-- --- --- C~) - - ..' .-- -- -- J I ~. I \ I , I I I I gl l\il o '"2+_ _ I I I I I , ~ V J r--, ~)._- N B50lB'5/"w '> ,.~ \ o o ,- :: ~ I ~ J -,- L. '.. , o -_ 0 STATE HIGHWAY T Sovth Imeol/.ol" _- NO. " . ""inn!-.ltJ.5ltftJ JiJ,t ""'/IIp,n Co., ; /Iff'fln .. - ------.L it po.. : .0 i::: ~ ,,.,. po...1t) : "I o z i . LJ -~ J- ,- ,-~ - c:::..-r '" , , ,-, o ~..J 4 s.Ht ,. " SE. ", s..,.., .. 1 i --... COFFIN a GRONBERG. INC. ENGINEERS, LAND SURVEYORS, PLANNERS ~h\ b\t ~ i\i I \0 ~ ., "' o a 8tirli ; ~ , eO" 0: 0' . . . STATE OF ~IINNESOTA O....ICE 0.. TRR A'l'TtlltSEY GI'.SBlt.U, HUBERT H, HUMPHREY, III ATTORNEY GENERAL ST. PAUL G:11GG ADDRESS REPLY TO: 200 FORD BLDG. 111 UNIVERSITY AVE, ST. PAUL. MN ~$I" TELEPHONE: (612) 296-131' December 5, 1986 Wayne O. Tschimperle Clerk of Appellate Courts 230 State Capitol St. Paul, Minnesota 55155 Re: State of Minnesota, Appellant v. Richard Gordon Gray, Jr., Respondent App. Cte Case No. C5-tl6-2047 Dear Mr. Tschimperle: Please be advised that the Attorney General's Office has assumed responsibility for prosecuting the above-entitled appeal. I am the attorney who will be representing the State of Minnesota in all proceedings relating to the appeal. All notices and other correspondence should be forwarded directly to me rather than to the Shorewood City Attorney. Thank you for your cooperation. l;l~,~ __ ROBERT A. STANICH Special Assistant Attorney General Criminal Division (612) 296-1796 RAS:dmg cc :tIT'ehn"Froberg ," Shorewood City Attorney Peter Thomson, Counsel for Respondent 0 James E. Dorsey, Counsel for Minnesota Civil Liberties Union AN EQUAL OPPORTUNITY EMPLOYER .,...,@ 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: MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 3 DECEMBER 1986 RE: OUTLOT A, WILD DUCK SECOND ADDITION (a.k.a. the Wedgewood Caper) FILE NO.: 405 (86.41) BACKGROUND At the 22 September City Council meeting, Mr. Jim Dutcher appeared before the Council on an informal basis to discuss whether the Council would be willing to allow him to develop Outlot A, Wild Duck Second Addition (see Site Location map - Exhibit A, attached). The Council has requested that the staff prepare background information on the proposal and evaluate it based upon current standards. Wild Duck Second Addition was originally proposed for development of 10 two- family dwellings in 1972. Based upon a staff report prepared by Nason Wehrman Chapman Associates, Inc. (see Exhibit B, attached), the plat was reduced to nine lots. It is clear from the staff report, the Planning Commission minutes dated 9 November 1972 (Exhibit C), and the City Council minutes dated 11 December 1972 (Exhibit D), that the City intended for Outlot A to be set aside as common open space for the use of the residents of the plat. The plat was later rerevised, adding 10 single-family lots. At that time the outlot issue apparently was raised again and an easement was prepared, placing restrictions on the outlot (see Exhibit E, attached). Our records do not indicate whether the City ever approved this method of preserving the outlot as open space. What is known is that the easement has never been recorded. When the development was originally proposed, two-family lots were allowed by "special use permit". Although the City subsequently changed its Zoning Ordinance, creating a separate zoning district for two-family residential development, the zoning of Wild Duck Second Addition was not changed to reflect the approved plat. Last year this oversight was corrected in our new Zoning Ordinance, and the two-family lots were rezoned to R-2A, Single and Two-family residential. Outlot A was included in this zoning district. A Residential Community on Lake Minnetonka's South Shore Re: Outlot A, Wild Duck 2nd Addn 3 December 1986 . The ~lat which was ultimately approved contains nine two-family lots and 10 stngle-family lots. Lot sizes are shown on Exhibit F. Following is a summary site area tabulation: Total area in lots 438,169 sq. ft. Outlot A * 109,788 " " Road area 137,631 " " Total site 685,588 " " (15.74 acres) * This includes 12,000 square feet of designated wetland. ISSUES AND ANALYSIS Previous Approval. Before evaluating the project based on today's standards it is worth reviewing the standards under which the project was originally approved. When the plat was first presented, the City was operating under Ordinance No. 43. Two-family dwellings were allowed by "special use permit" and 20,000 square feet was the minimum lot size. The City was studying a new ordinance at the time which proposed a separate zoning district (R-3) for two- family lots. Thirty thousand square feet was proposed as the minimum lot size. Although this new ordinance (No. 77) would not be adopted until the end of 1973, the City apparently decided to impose the 30,000 square foot standard on the plat. By leaving Outlot A as open space the total lot area per two-family dwelling unit averaged out to 30,000 square feet. Comprehensive Plan. When Shorewood adopted its Comprehensi~e Plan in 1981 the designated land use for the area in which the subject property is located, was Low Density Residential (1-2 units per acre). This simply reflected the existing development in that area. Shorewood calculates density by dividing the total number of units by the total land area, less road area, less wetland area, divided by 40,000 square feet. Based on that formula the overall density of Wild Duck Second Addition is currently 2.09 units per acre. 28 (685,588 - 137,631 = 547,957 - 12,000 535,957 + 40,000 = 13.4) = 2.09 units/ acre If Outlot A is divided into four single-family lots the resulting density would be 2._39 units per acre. If it were divided into three two-family lots, the density would be 2.54 units per acre. - 2 - Re: Outlot A, Wild Duck 2nd Addn 3 December 1986 Current Zoning. The current R-2A zoning of the property allows two-family dwellings on 30,000 square foot lots, and single-family dwellings on 20,000 square foot lots. If a project similar to Wild Duck Second Addition was proposed today (i.e. mixed single and two-family residential with cornmon open space), it would undoubtedly be processed as a planned unit development. As a P.U.n. the allowable density would be related to the Comprehensive Pla~and details of any approval incorporated into a development agreement between the developer and the City. If such a project was proposed today, there would be some question as to whether Outlot A would be recommended to be left as open space. Not that the City has not approved such projects - the Robert S.C. Peterson P.U.D. is very similar to the Wild Duck Second Addition concept. However, in the case of the Peterson P.U.D. there were several reasons for preserving the common open space: 1. The topography of the open space area would make it very difficult to build on. The clustered lots allowed the road and utilities to be shortened, thereby minimizing site alteration on a rather severe slope. 2. The outlot protected scenic views of the lake for the four platted lots. 3. The development agreement for the P.U.D. assured that the open space would be available for the use of the residents of the plat and that the home- owner's association for the project would continue to maintain the property. These factors don't seem to apply to Outlot A. There apparently was some concern over preserving the wooded character of the property. However, the sewer line which crosses the entire north side of the site already resulted in altering the natural character of" the property. An access road would not have disturbed the site any further. With the exception of the wetland in the easternmost corner of the site, Outlot A is quite easily buildable. SUMMARY Outlot A poses somewhat of a stalemate between the developer and the City. He is unable to develop the site without City approval, and the City has little or no leverage to force him to record the easement. Even if the easement were recorded, it does not accomplish what was originally intended. This report does little to resolve the matter. It still comes down to a question of whether or not the property can be better utilized and whether or not to get it on the tax rolls. - 3 - :.,...-- U J .. ~ -.-.. ~ \ \11 \ ) 11/ I / _ 'u In I I( -,.-.. .. - (J: ~~ . ~(). ~Y L ~t:::' ~\ ~\ \\ \ L_ ~ tl =' .. \ \ \\ \ \ -- l,\\ \ lw ..~ - \- ,'a~ : &n1 .. .. r- . J ----,--- ------. I I --- I I -- .- . . !*~ . - , \ - __I --I' .- -0 -0 . .' :.:J it.. 0 ; ~~: o - ,.r-':.... ~ + .. 2t~t~ ~ -:l .. ......... ~ ~ 0 II -~ ~ :f ::~:f~:~:::~:~:::::l .~ J n01.liW4 o I'~ I UhUU :S) ::::: :':':':':':':':':{ll::::' \ z ~ ii.\ \ a ,m. T J "-~=""~ ~::~:::: r j, 04; '~o OOOM3!)03M ~ \\ ."- - If ~. ~"- 17, :::n--- ~ L~m.: .. m ~; ~ --;-- --- -- -- u.. ~ "" ~_____':_'.-_-.-_ j -~~~~ ~ ~~ m_. ~\ ~ r----~~ "" d a: "'~ 'rr> 11 I .", d -------- a: >--1-- ~T I I'''' ~: \ 118 ~ ~~ ~ ~ z o r- :~~~~:::. - ...-. .. ~~ m m ~ IE ~ - ~~ I - ~ I . . . ~ \~ 'a~ . u._\ :: .~:--\ - - - - - - - -',- - - \ \ ")l3~n3 :3 c:t ..J ~ l.IJ ..J o ~-~ >- -i~ (/) _ L..-- \ I^ MO?"3W r Exhibit A SITE LOCATION Wild Duck Second Addition \ \\\" \ l=g:'f~~~.~ '~JI L-----. \ << ~ ') October 12, 1972 NASON associates WEHRMAN raya. anderson CHAPMAN john o. bergly ASSOCIATES richard d. fredlund INC charles a. wittenberg planning engineering landscape architecture DEVELOPMENT REVIEW CASE *14 CLIENT: Village of Shorewood APPLICANT: James J. Dutcher PURPOSE: Evaluation of residential development concept plan: Lot 7, Aud. Subd. #133 (Map 12) The applicant submitted, at the 9-14-72 regular Planning Commission Meeting, three sep- arate concept plans for proposed development of ten 2 - family rental units on a 9.8 acre tract in north central Shorewood adjacent to the Village of Tonka Bay. PLANNING CONSIDERATIONS: Lot 7 of Aud. Subd. #133 is'ituated along the north corporate Umits of Shorewood, boun- ded on the south by the Minneapolis and St. Louis Railroad. The tract contains 9.77 acres of wooded land developing a gradual slope to the north. A contour range for the mean depth of 375 feet is approximately 15 feet (950' to 9351). The tract has a gentle and heavily wooded knoll in its southwest quarter, forming a natural buffer area to the railway. The subject land is suggested for an R-2 zoning classification under the proposed ordinance (Two - family, 20,000 square foot lot area). The developer's intent is to construct ten double bungalow units for rental purposes initially. A new access road would be provided to serve the un its. EVALUATION: Lot 7 has a north orientation towards a natural wetlands area located in Tonka Bay. This low area is marshy and no development is anti cipated in the foreseeable future. The con- cept plans submitted to the commission would provide each, or a majority (Plan B), of the proposed structures with a site location facing the natural open area. Mr. Dutcher has presented three different design concepts, each fulfill ing a different pur- pose as follows: Plan A: Plan B: Plan C: Cluster concept; common open space provided Full tract util ization; varied placement Conventional platting; deep lots of I inear arrangement Exhibit B-1 NAS 0 N WEHRMAN STAFF RE POR T nneapofis and fargo-moorhead - phone 1-612-546-4303 -1415 lifac drive. minneapofis. minnesota 55422 Dated 12 October 1972 . I . .. . " Under the existing zoning ordinance, a Special Use Permit would be required for Plan A. Plans Band C could be developed without special application following plat approval and recording. However, Plans Band C result in complete parcelization of the tract, which would demand extensive individual lot maintenance and would attach wooded open space for the development to private lots. Plan B necessitates greater road construction cost and isolates lots one, two and three between private property lines and/or the rail- way. Property I ines form unnecessary jogs with this concept. Plan C provides conven- tional platting concepts to fulfill all ordinance requirements, but eliminates potential design features for innovative land use. From a planning standpoint, Concept Plan A is by far the most appropriate for this tract. Certain features should be altered before submitting the final plat, but the overall pro- posal provides the most beneficial use of land and best design elements. SUMMARY AND RECOMMENDATIONS: It is recommended that Plan A be considered for recommendation to Council with the fol- lowing notations: o Although proposed initially as rental units, it must be recognized that the par- cels may be sold in the future. A basic and desirable feature of Plan A is the availability of common open space for use of from 18 to 20 families. Some provision or agreement must be filed at time of approval and deed recording so that such common area will retain common use when the lots revert to multiple ownerships, A covenant approved by the Village Attorney may be the best means to assure this, o The access road proposed to serve the lots should be a cul-de-sac rather than the straight 500 R,O.W. shown. Two variations are possibie: A) a mid- point turn-around with roughly equidistant road lengths on either side; or B) an approximate 10001 access length with a terminal cul-de-sac of a 50' radius -- recommended. (This should run to lot one rather than to the tract boundary, ) o If feasible, some variation in structure placement should be provided. (Al- ternatives are front yard and landscaping or a variation of architectural de- sign and bui Iding materials.) o The road way should have at least one-half platted within Shorewood cor- porate limits. This will result in either a 251 adjustment in lot lines (to the south) pr the elimination of lot ten and the widening of lots one through nine (recommended). Exhibit B-2 ~ SHOREWOOD PLANNING COMMISSION Minutes of the meeting of November 9, 1972 Present: Frank R~ese, Chairman John Marty George Gibeau, Planner Jane Cole, Secretary The regular meeting of the Shorewood Planning Commission was held on November 9, 1972, at Minnewashta Elementary School at 8.30 p.m. New Business Mr. Frank Reese introduced the matter of Riparian Rights and Non-Riparian Owners and offered a brief explananation of the same. Since a quorom of commission members was not present, this subject will be reintroduced at the next planning commission meeting. Old Business A public hearing was held as requested by Jim Dutcher for a permit to construct two family dwellings on each of 9 lots located en Lot 1, ~udi+'or's Subdivision #133. Mr. Frank Reese-presented a brief history of what has taken place in the development of ideas for ~x. Dutcher's request at previous eeetings. Mr. Dutcher then presented his request before the public and stated that he does not w~nt to develop the whole area as in the con- ventional manner, but wants to leave most of it in its natural state. Bill Keeler and Mary Marske raised the question of how would Mr. Dutcher assure that the natural area would remain natural over the years. Mr. Dutcher stated that this would be filed in a covenant. The five members of the public each in turn raised further questions pertaining to keeping the whole area in its natural state (totally undeveloped) or the possibility of the railroad being vacated in the future and the area being presevved for trails. ~.~ary !~arkse posed the question regarding the cost to the Village for the new access road needed to servq the development. Mr. Dutcher said that the owner of the development property would be assessed for the road, also that the road would be properly constructed and on solid soil so that maintenance should not be excessive. Bill Keeler raised the question of the number of children per family unit that this two family development would bring into the schools and increase the tax-payers' responsbility. Mr. Dutcher said that because the property is not homesteaded, this type of unit has been averaging less than two children per family. There being no further questions, the planning commission will reconvene with a quorom before the next Council meeting to consider Yx. Dutcher's request as well as the public's concerns as recorded in these minutes. A recommendation will then be made to the Council. Mary Marske questioned the closed commission meeting at which this issue will be decided. Mr. Peese stated that only a recommendation is to be made at that meeting; that it is the Village Council who will make the final decision. He stressed that the Planning Commission will consider equally the questions raied by the public and the request made by Mr. Dutcher. Mary Marske also raised the question of why the minutes of all Village legilative meetings are not made public; i.e. copies mailed to all residents of Shorewood, or the minutes printed in the newspaper, or posted in an easily accessible public place. This question was outside th realm of the Planning Commission and, therefore. was unanswerable at that time. Exhi bit C PLANNING COMMISSION MINUTES Dated 9 November 1972 ... 2 Regular meeting of Council of Village of Shorewood December 11.1972 SEWER HOOKUPS ~DEEPHAVEN The en~neer referred to the question of joint hookups with the Village of Deephaven, with reference to residents who live on edge of Village adjacent to Deephaven. Council decided that Shorewood residents take out sewer permits in Shorewood and inspection would be made by Deephaven inspectors. The reverse would apply if t~e resident lived in ryp.~~hav~n. JIM DUTCHEP- As requested by Jim Dutcher and authorized by Council legal notice PUBLIC HEP~TNG- was published in the official newspaper on November 30. 1972, and SPECIAL USB PEP~ITDecember 7, 1972, on the re~est of Mr. Dutcher for the issuance of a special use permit for construction of nine two-family dwellings upon property described as Lot 7, Auditor's Subdivision 133, consisting of 9.77 acres. Mr. Dutcher stated that 4 acres of the property would be left as open space for use of residents in the two-family dwellings. A resolution was submitted to Council from Shorewood Home Owners' Association regarding zoning variation until a comprehensive zoning ordinance had been adopted. Mayor Holloran re6erred to Shorewood Planning Commission recommendations dated November 9, 1972, regarding the property in question. Following further discussion Councilman Murfin moved, seconded by Councilman Reutiman, that ~~. Dutcher be issued a special use permit allowing nine 2-family dwellings on Lot 7, Auditor's Subdivision 133, but subject to an agreement between the Village Engineer and !tIr. Dutcher relative to open space for use of nine units. Upon roll call being taken Councilman Cronin voted nay, ~ayor Holloran and Councilmen Chandler, Murfin and Reutiman voted aye. Motion carried. :.TS. t.!arske, a resident of ~1i nnet onka !.!anor, was concerned regarding digging being done by sewer contrc>.ctor in the !-1innetonka ?I21".Or area and that due to the vibration of equipment, Minneapolis Gas Company gas lines would be damaged and cause explosions. The Village Engineer stated he would per sue the matter and terminat~ construction if necessary. SE'tIER COHSTRUC- TIOH-i'.ITKA. T.IAliOR The Village Attorney referred to a quit claim deed which had been completed by j.lrs. Claire Caughrean regarding Fatima Place which is peesently owned by Mrs. Da8ghrean and is a private road. ~~s. Caughrean wished to convey to the Village the private road to be used and maintained by the Village. Mrs. Paulson, who lives at the end of the cul-de-sac stated that there would not be sufficient area for a turn c>~ound for plowing. Councilman Murfin suggested that Council take a look at the street to see if enough room was available for turnaround. The Village Attorney referred to contract for right of access in connection with installation of sanitary sewer, the contract made between the Village and William H. Newhouse and Sandra F. Newhouse. He also referred to qUit claim deed duly signed by Mrs. Burdella r~ers. Cauncilman Murfin moved, seconded by Councilman Reutiman, that the Mayor and Clerk be authorized to sign agreements. Motion carried with Mayor Holloran and Councilmen Murfin, Reutiman,Cronin Exhibit D and Chandler all voting aye. CITY COUNCIL MINUTES Dated 11 December 1972 ATTORlJEY!S R3PORT .~~,.. T- "I'- . '.-~~, p,..~. '.' - -,",,'-, ~ .:.~' . --....- ,,_'A1111!1,,' Owner aDd Grantor, Laf'ayet'te Lal1d Company, a Minnesota Corporation, and ita aaaip, for and in consideration of the coVenants hereinafter cODtained, and for 'the 8UID of One Dollar (11 .00) and other good ad valuable consideration, reoeipt of which ia hereby acknowledged, hereby grant, bargain, cODVey BD4 qul:tclaim to the City of Shorewood, over outlot A, Wild Duck Addition, 8 permanent sight easement and restrictions aa hereinafter enumera'ted which Grantor so cov8MJlts :to do and refrain from doing upon 8(lid property as follows: 1 . No struc'ture ahall be placed or erected on said premises except those which may be used or necessary in eon- nection with recreational activities. 2. No excavation or topographic changtls shall be made and the general topography of t.~le landscape \"1111 be maintained ~ in its present condition, except ~1at which might he necass~ to make the property more usable for recreatiorml activities. 3. No use shall be made of said property as and for parking nrea, or any use other than recreational which may a1 ter the wild nature of the pl'operty or other scenic features of 'the land. 4. This easement is not intdnded to cive to the City of ShoreWood property rights which would give ~le public a right to use the same. The property shall continue to be private property under the ~ontrol of the Grantor and his ~eirs and - assigns, subject however to the limitation of this easement. - IN WITNESS WHEREOF, we have hereunto subscri bed our DUeS this 1'1 day of ~. __' 1Y7.s:' l.AF'A~ LAND CO>ll'>>,'Y By I -<4..... I! Its~ ~ ' ~ ... Exhi bit E PROPOSED EASEMENT Never recorded .:;y , -. Its ------------ .